Fourhorn et al v. Denver, City and County of et al
| Christina Fourhorn, Muse Jama, Jose Ernesto Ibarra, Dennis Michael Smith and Samuel Powell Moore |
| Denver, City and County of, Mark Dalvit, Curt Peterson, John Bishop, C.A.M., Choice Johnson, Andrew Richmond and Paul Ortega |
| 1:2008cv01693 |
| August 11, 2008 |
| US District Court for the District of Colorado |
| Civil Rights: Other Office |
| Logan |
| Marcia S. Krieger |
| Kristen L. Mix |
| Both |
| Federal Question |
| 42:1983 Civil Rights Act |
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The following documents for this case are available for you to view or download:
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Filing
487
ORDER granting in part 451 Defendant City and County of Denver's Motion to Strike Witnesses and Documents Pursuant to Fed.R.Civ.P. 37(c)(1). Plaintiffs are prohibited from utilizing the witnesses or documents identified in the 447 Fourth Supplemental Disclosures issued on 11/08/2011 other than witnesses Gerald Whitman, Richard Rosenthal, and Ruth Tafoya, and matters of public record, on a motion, at a hearing, or at trial, by Magistrate Judge Kristen L. Mix on 02/08/2012.(wjc, )
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Filing
435
ORDER granting 427 Motion for Summary Judgment. The 429 Plaintiffs' Unopposed Motion to Seal (#429) is GRANTED. Defendant Alan Sirhal's 427 Motion for Summary Judgment is GRANTED. Mr. Ibarra's claim against Deputy Sirhal (Claim 5) is BARRED BY QUALIFIED IMMUNITY, by Judge Marcia S. Krieger on 08/04/2011.(wjc, )
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Filing
426
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT: IT IS THEREFORE ORDERED that (1) Defendants Kurt Peterson and John Bishop's Motion for Summary Judgment 277 is GRANTED. (2) Mr. Jama's Claim against Defendants John Bishop and Kurt Peterson is BARRED BY QUALIFIED IMMUNITY. (3) This being the only claim asserted against Defendants Peterson and Bishop, their names shall be removed from the caption of all further filings. Judge Marcia S. Krieger on 9/9/10.(msksec, )
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Filing
425
ORDER DENYING WITHOUT PREJUDICE MOTIONS FOR SUMMARY JUDGMENT: IT IS ORDERED that (1) Denver's Motions for Summary Judgment ( 350 , 356 , 358 , 333 ) are DENIED WITHOUT PREJUDICE. (2) Defendant Sirhal may refile a Motion for Summa ry Judgment, addressing only the claims against him, within 21 days of this Order. (3) Defendant Denver may refile a single Motion for Summary Judgment regarding all claims against it within 21 days after the Court has ruled on Defendant Peterson and Bishop's Motion for Summary Judgment (#277) and Defendant Sirhal's Motion for Summary Judgment, should he refile his motion. Judge Marcia S. Krieger on 8/24/10.(msksec, )
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Filing
418
ORDER granting in part 349 Motion for Rule 56(f) Relief and Consolidation of Rule 56(c) Responses and Denying 400 Motion for Rule 56(f) Relief. Plaintiffs' 349 Motion for Rule 56(f) Relief and Consolidation of Deadlines for Rule 56(c) is G RANTED IN PART insofar as it seeks leave to file a single, consolidated response to Denver's Motions for Summary and otherwise DENIED as moot. Plaintiffs' 400 Motion for Rule 56(f) Relief re Documents Relevant to Denver's Monell Arg uments is DENIED. The Plaintiffs shall file their responses to Denver's Motions for Summary Judgment (# 333 , 350 , 356 , 358 ) within 14 days of this Order. The Plaintiffs may file a single response to all of the Motions for Summary Judgment, by Judge Marcia S. Krieger on 08/04/2010.(wjc, )
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Filing
408
Minute Entry for Continued 702 Evidentiary Hearing held before Judge Marcia S. Krieger on 7/23/2010. Testimony of witness Rothlein concluded. Argument. There has not been a sufficient showing of the foundational requirements. All of the opinions are excluded. 366 Motion for Order is DENIED as moot. Hearing concluded. (Court Reporter Paul Zuckerman) (mskcd)
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Filing
398
ORDER GRANTING IN PART MOTION FOR RELIEF AND SETTING RULE 702 HEARING: The Defendants' Motion for Relief 394 is GRANTED IN PART. A 6-hour 702 hearing is set for 7/22/2010 at 09:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. On or before July 12, 2010, the parties may each submit a written brief not to exceed 10-pages in length. Judge Marcia S. Krieger on 6/18/10.(msksec, )
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Filing
388
ORDER granting 188 Defendant Paul Ortega's Motion for Summary Judgment. Mr. Smith's claim against Defendant Ortega is barred by qualified immunity. Mr. Ortega's name shall be removed from caption of future filings, by Judge Marcia S. Krieger on 3/29/10.(gmssl, )
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Filing
383
ORDER granting 382 Defendants' Motion for Reconsideration. The exhibits enumerated in this Order (Docket Nos. 187 B, C, E; 277 B; 335 B, C, P; 352 A-14, A-16, A-17, A-18, A-19, A-20, A-22, A-40, A-46, A-47, A-48; 355 A, B, C, D, E, F, H, I, J, S; and 360 A-1, A-4, A-11, A-29) are to remain SEALED, by Judge Marcia S. Krieger on 03/17/2010.(wjc, )
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Filing
381
Minute Entry for Motion Hearing held before Judge Marcia S. Krieger on 3/2/2010. Motions to Seal: 351 , 354 , 359 , 186 ; 265 , 271 , 283 , 307 , 334 , 321 are all DENIED, but the effect of the order is stayed and the documents will remain sealed for a period of 14 days to allow the parties to file a motion for reconsideration of the denial of these motions that complies with the local rules. If no motion is filed, the documents will be unsealed by March 15, 2010. 364 Motion to Clarify is GRANTED in part and DENIED in part. The deadlines imposed by the Court are as contained in the Minutes. (Court Reporter Paul Zuckerman.) (mskcd)
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Filing
370
ORDER GRANTING IN PART MOTION FOR CLARIFICATION AND SETTING LAW & MOTION HEARING: The Defendants' 364 Motion for Clarification and Motion for Extension of Time is GRANTED IN PART insofar as it seeks an extension of time. A new deadline shall be set at the law and motion hearing. The Court RESERVES RULING on the Defendants' Motion for Clarification and Motion for Extension of Time insofar as it seeks any additional relief. A law and motion hearing is scheduled for Tuesday, 3/2/2 010 at 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. Ten days prior to the hearing, the Plaintiffs shall file a copy of the expert report at issue and each party shall file a statement specifically identifying the opinions contained in the expert report as that party views them. Judge Marcia S. Krieger on 2/9/10.(msksec, )
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Filing
329
MINUTE ORDER granting 327 Stipulated Motion to Amend Caption. The case caption on all future pleadings shall be amended as set forth in Minute Order. Defendant Petersons name shall be amended to spell his first name correctly as Kurt Peterson, by Magistrate Judge Kristen L. Mix on 10/21/2009.(wjc, )
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Filing
299
MINUTE ORDER granting the 296 Parties' Stipulated Motion for Leave to Conduct a 30-Minute Deposition of Defendant Bishop. Plaintiffs may reopen the deposition of Defendant Bishop for a thirty-minute time period on 09/30/2009, by Magistrate Judge Kristen L. Mix on 09/24/09.(wjc, )
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Filing
295
ORDER granting in part and denying in part 177 Defendants' Motion to Preserve the Confidential Designation for Certain Documents Pursuant to Protective Order; granting in part and denying in part 241 Defendants' Second Motion to Preserv e the Confidential Designation for Certain Documents Pursuant to Protective Order. The Motions are GRANTED to the extent that Category A documents shall remain confidential, except as noted below, Category C documents shall remain confidential and C ategory D documents shall remain confidential. The documents shall be produced and maintained pursuant to the terms of the Protective Order. The Motions are DENIED to the extent that Category A documents consisting of Plaintiffs own statements, if any, shall not remain confidential, by Magistrate Judge Kristen L. Mix on 09/22/09.(wjc, )
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Filing
278
MINUTE ORDER granting 274 Plaintiffs, Intervenor and Defendant Denver's Stipulated Motion for Leave to Conduct 2-3 Depositions Beyond Discovery Cut-Off. The parties shall complete the depositions referenced above on or before 10/01/2009. Dispositive Motions due by 10/9/2009, by Magistrate Judge Kristen L. Mix on 09/01/09.(wjc, )
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Filing
263
MINUTE ORDER granting 256 Defendant's Partially Unopposed Motion to Resolve Motion for Protective Order Regarding Plaintiffs' Excessive Interrogatories. The Court accepts the parties agreement namely that Defendants will answer interroga tory nos. 36, 37 and 47 from Plaintiffs Eighth Set of Discovery Requests and Plaintiffs will withdraw their remaining interrogatories propounded pursuant to the Requests and considers the discovery dispute to be resolved. Motion No. 183 is deemed to be WITHDRAWN, by Magistrate Judge Kristen L. Mix on 08/24/09.(wjc, )
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Filing
243
ORDER granting 192 Motion to Compel Production of Certain Documents Listed in Denver's Privilege Logs. Defendants shall produce any previously undisclosed documents relating to this dispute on or before 8/10/2009. The documents produced pursuant to this Order shall be deemed confidential and subject to the requirements set forth in the Protective Order 34 , by Magistrate Judge Kristen L. Mix on 8/3/2009.(klmcd)
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Filing
216
MINUTE ORDER granting with modification 212 Plaintiffs' and Intervenor's Unopposed Motion for Leave to Conduct a Limited Number of Depositions After Discovery Cut-Off. The Court extends the discovery deadline for the limited purpose of taking depositions to no later than 08/31/2009. No further extensions of this deadline will be permitted, by Magistrate Judge Kristen L. Mix on 06/29/09.(wjc, )
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Filing
190
Minute Entry for proceedings held before Judge Marcia S. Krieger: Motion Hearing held on 6/5/2009. 110 Motion to Set Aside is DENIED ; The Court overrules defendants' 166 objections and affirms Order; 168 APPEAL OF MAGISTRATE JUDGE DECISI ON to District Court is overruled solely because it is moot; 180 Motion to Strike is DENIED as moot; denying 19 Motion to Sever is DENIED with leave to renew at time of ruling on dispositive motion. (Court Reporter Paul Zuckerman.) (mskcd) Modified on 6/9/2009 edit text from Report and Recommendation to Order (wjc, ).
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Filing
155
ORDER granting in part and denying in part 130 Plaintiffs' Motion for Approval to Disclose Discrete Statements Made in a Settlement Conference to the extent that Plaintiffs request that their Motion to Seal be denied as moot and that the settlement statements at issue be made available to the public, the Motion is denied, by Magistrate Judge Kristen L. Mix on 04/29/09.(wjc, )
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Filing
153
ORDER granting 117 Antonio Carlos Sanchez's Motion for Leave to Intervene. The Court accepts Plaintiff-Intervenor's Intervention Complaint for filing as of the date of this Order. The case caption shall be amended to add Plaintiff-Intervenor Antonio Carlos Sanchez as a party, by Magistrate Judge Kristen L. Mix on 04/27/09.(wjc, )
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Filing
116
Minute ORDER granting in part and denying in part 111 Stipulated Motion to Amend Scheduling Order or to Extent Expert Deadlines and granting in part and denying in part 114 Defendants' Joinder in the Stipulated Motion to Amend Scheduling Order or to Extend Expert Deadlines. Discovery due by 8/31/2009, Dismissal Paper due by 9/25/2009, by Magistrate Judge Kristen L. Mix on 3/11/09.(gmssl, )
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Filing
84
ORDER granting 70 Plaintiff's Motion for Leave to Amend Complaint. Court accepts 71 Plaintiff's Amended Complaint for filing as of the date of this Order. Plaintiffs shall serve a copy of the Summons, Amended Complaint, and this Order on Defendant Alan Sirhal on or before 01/26/09. Plaintiffs shall identify and serve a copy of the Summons, Amended Complaint, and this Order on Defendants John Doe 1 and John Doe 2 within 60 days of this Order. Signed by Magistrate Judge Kristen L. Mix on 01/05/09.(wjc, )
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