Opinion
Civil Action No. 09-cv-01380-MSK-MEH
11-03-2011
DARRELL L. HAVENS, Plaintiff, v. WILLIAM JOHNSON, Arvada Police Detective, Defendant.
Counsel : [ p David Harper William Muhr Thomas Lyons Mark Ratner
HONORABLE MARCIA S. KRIEGER
Courtroom Deputy: Patricia Glover
Court Reporter: Paul Zuckerman
Counsel:
David Harper
William Muhr
Thomas Lyons
Mark Ratner
COURTROOM MINUTES
HEARING: Evidentiary
9:11 a.m. Court in session
Witness sworn for the plaintiff: Wendy Carlson :
9:12 a.m. Direct Examination by Mr. Muhr.
EXHIBITS: Received: 17 (Q1; K1-61); 35
Cross examination of witness by Mr. Lyons. Re-direct examination of witness by Mr. Muhr. EXHIBITS: Received: 14 Witness sworn for the plaintiff: Perry Haney:
10:04 a.m. Direct Examination by Mr. Muhr.
EXHIBITS: Received:
Refused: 18
Cross examination of witness by Mr. Ratner. Re-direct examination of witness by Mr. Muhr. 10:37 a.m. Court in recess
10:49 a.m. Court in session
Witness sworn for the plaintiff: Robert Lantz, Ph.D :
10:51 a.m. Direct Examination by Mr. Muhr.
EXHIBITS: Received: 32
Cross examination of witness by Mr. Ratner. Re-direct examination of witness by Mr. Muhr.
EXHIBITS: Received: 11
Witness sworn for the plaintiff: Dr. Joan Laub:
11:21 a.m. Direct Examination by Mr. Muhr.
EXHIBITS: Received: 29
Cross examination of witness by Mr. Ratner. Re-direct examination of witness by Mr. Muhr. Re-cross examination of witness by Mr. Ratner. Witness sworn for the plaintiff: Chrystal Havens :
11:43 a.m. Direct Examination by Mr. Muhr.
Cross examination of witness by Mr. Ratner. No re-direct examination. 11:56 a.m. Court in recess.
1:08 p.m. Court in session
Witness sworn for the plaintiff: Darrell Havens :
1:09 p.m. Direct Examination by Mr. Muhr.
Cross examination of witness by Mr Lyons. Re-direct examination of witness by Mr. Muhr. 2:01 p.m. Court in recess
2:16 p.m. Court in session
Witness sworn for the plaintiff :Allen Fistell :
2:16 p.m. Direct Examination by Mr. Muhr.
Cross examination of witness by Mr. Ratner. Re-direct examination of witness by Mr. Muhr. Plaintiff rests. Witness sworn for the defendant : Ronald Kimsey :
2:26 p.m. Direct Examination by Mr. Lyons.
EXHIBITS: Received: 5, 6, 7, 8
Cross examination of witness by Mr. Muhr. Re-direct examination of witness by Mr. Lyons. Witness sworn for the defendant :Edward Cetaruk :
2:47 p.m. Direct Examination by Mr. Ratner.
EXHIBITS: Received: 3
Cross examination of witness by Mr. Muhr. Re-direct examination of witness by Mr. Ratner. Defendant rests. No rebuttal witnesses. 3:17 p.m. Court in recess
3:35 p.m. Court in session
Argument. Oral findings are made of record and incorporated herein. ORDER: The remainder of the Motion for Reconsideration (Doc. #76) is GRANTED. The Order of dismissal previously issued (Doc. #73) is VACATED. Defendant's Motion to Dismiss (Doc. #24) is DENIED; the Motion to Consolidate Cases (Doc. #89) is GRANTED. The cases are consolidated for all purposes. This action will proceed with a dual caption but the secondary portion of the caption will be the subsequently filed case. All of the pending motions in the case before Judge Blackburn become pending motions in this case. The Court recommends that the parties contact Magistrate Judge Hegarty's chambers to request another Scheduling Conference, if appropriate.
4:15 p.m. Court in recess
Total Time: 5 hours 7 minutes.
Hearing concluded.