Free Oral Argument Hearing - District Court of Colorado - Colorado

Case 1:03-cv-02073-WDM-KLM

Document 228

Filed 12/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock

Date: December 29, 2005 Time: hours

CASE NO. 03-cv-02073-WDM-PAC Parties ROBERTA PULSE and TONYA HOUSE, Plaintiffs, vs. THE LARRY MILLER CORP., Defendant. Christopher Lay Steve Gutierrez Judith Holmes Counsel Kimberly Ryan Whitney Traylor

ORAL ARGUMENT

9:50 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Court concludes that the issue of disqualification should be decided by another judge if the Court recuses itself under 28 USC § 455 and invites the parties to address that issue of whether or not the Court should recuse itself under 28 USC § 455(b). Court will take a brief recess to allow plaintiffs to review the submission by the defendant.

Case 1:03-cv-02073-WDM-KLM

Document 228

Filed 12/29/2005

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Page Two 03-cv-02073-WDM-PAC December 29, 2005 10:05 a.m. 10:45 a.m. 10:48 a.m. 10:50 a.m. COURT IN RECESS COURT IN SESSION Argument by Mr. Traylor. Argument by Mr. Leh.

Court states its findings and conclusions for the record. ORDERED: Court will not recuse itself and Plaintiff' Emergency Motion to Disqualify s Counsel Holland and Hart (Doc #178), filed 12/18/05 is DENIED as MOOT. Court addresses the status of the parties and will take a brief recess to allow counsel to prepare to address the issue of the status of the parties and how the Court should proceed. 11:10 a.m. 11:35 a.m. 11:39 a.m. 12:06 p.m. 12:35 p.m. 12:37 p.m. COURT IN RECESS COURT IN SESSION Argument by Ms. Ryan. Questions by the Court. Argument by Mr. Gutierrez. Questions by the Court. Argument by Mr. Leh. Further argument by Ms. Ryan.

ORDERED: Court will advise counsel of its rulings on how this case will proceed by telephone. ORDERED: Parties may have one day after the Court issues its rulings to file proposed jury instructions. 12:45 p.m. COURT IN RECESS 110 minutes

Total in court time:

Case 1:03-cv-02073-WDM-KLM

Document 228

Filed 12/29/2005

Page 3 of 3

Hearing concluded