Free Pretrial Conference - Final - District Court of Colorado - Colorado

Case 1:03-cv-01959-MSK-PAC

Document 225

Filed 07/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 03-cv-01959-MSK-PAC Parties: ALMED MOHAMMAD AJAJ, Plaintiff, v. UNITED STATES OF AMERICA, ROBERT A HOOD, JAMES BURRELL, DAVID DUNCAN, C. CHESTER, and J.C. ZUERCHER, Defendants. Elizabeth Weishaupl Amanda Rocque Counsel Appearing: Carmen Nicole Reilly John Robert Riley Date: July 19, 2006

COURTROOM MINUTES

HEARING: Final Pretrial Conference 9:39 a.m. Court in session.

Client representative for the defendants, Chris Synsvoll, present in the courtroom. Plaintiff present in the courtroom by telephone. Discussion regarding proposed final pretrial order. ORDER: A revised pretrial order is due August 23, 2006. A written order advising counsel of the requirement for formatting and analysis in that final pretrial order will follow.

Discussion regarding exhibit and witness list.

Case 1:03-cv-01959-MSK-PAC

Document 225

Filed 07/19/2006

Page 2 of 3

Courtroom Minutes Judge Marcia S. Krieger Page 2 Argument on pending motions. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: Motion for Extension of Time to Designate an Expert Due to Development of a Conflict of Interest (Doc. #215) is granted. Plaintiff will have two weeks from today's date to designate a new expert. Motion for Leave to Amend the Complaint to Dismiss Third Claim (Doc. #220) is denied in part and denied in part. The request to file another complaint is denied, however, the request to substitute parties in and to dismiss a claim is granted. The parties are in agreement that claim 3 against Defendant Zuercher should be dismissed. It is hereby dismissed. The parties are in agreement that for purposes of the injunctive relief requested by the plaintiff the appropriate named parties are the current warden, Ron Wiley, and the regional director, Michael Nalley. Those parties will be added in as named defendants in their official capacity. Unopposed Motion for Leave to File a Motion for Summary Judgement in Excess of 15 pages (Doc. #221) is denied. Motion for Leave to File Summary Judgment (Doc. #222) is granted limited only to qualified immunity. The motion shall be filed by August 28, 2006, standard response time. Motions in Limine are due by August 23, 2006.

ORDER:

ORDER:

ORDER:

ORDER:

Discussion regarding trial process. The Court addresses the parties. The Court advises the parties to schedule a settlement conference with Magistrate Patricia Coan. 10:49 a.m. Court in recess.

Total Time: 1 hour 10 minutes. Hearing concluded.

Case 1:03-cv-01959-MSK-PAC

Document 225

Filed 07/19/2006

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