Free Status Report - District Court of Colorado - Colorado

Case 1:03-cv-01334-WDM-BNB

Document 68

Filed 08/05/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-1334-WDM-BNB JERRY N. NORRIS, Plaintiff, v. THE CITY OF AURORA, OFFICER ANDREW CROWLEY, and OFFICER ADOLFO RAMIREZ, Defendants. ______________________________________________________________________________ STATUS REPORT The Plaintiff, Jerry N. Norris, through his attorneys, submits the following status report: 1. On July 20, 2004, the Court ordered a stay of discovery in this matter with respect to Defendants Crowley and Ramirez. 2. On March 11, 2005, Magistrate Boland issued an Order stating that Plaintiff shall file a status report within ten days of any ruling on the Motion for Partial Summary Judgment filed in this matter. 3. On July 26, 2005, United States District Judge Walker Miller issued an Order regarding Defendants Crowley and Ramirez's Motion for Partial Summary Judgment (Document Number 67). The motion for summary judgment concerned Plaintiff's first, second, fifth and sixth claims for relief. 4. The Order denied the motionfor summaryjudgment regarding Plaintiff's first claim for relief (excessive force claim). 5. The Order denied the motion for summary judgment regarding Plaintiff's second claim for relief (unreasonable search and seizure claim). 6. The Order denied the motion for summary judgment regarding Plaintiff's fifth and sixth claims for relief (malicious prosecution claim and civil conspiracy claim). However, the Order stated that the Plaintiff may not introduce Defendant Crowley and Ramirez's previous trial testimony as evidence to support his liability under the fifth and sixth claims.

Case 1:03-cv-01334-WDM-BNB

Document 68

Filed 08/05/2005

Page 2 of 3

7. Counsel for Plaintiff has discussed the status of the case with counsel for Defendant City of Aurora who has stated the position of the Defendants Crowley and Ramirez and the City of Aurora. At the present time, it appears that Defendants City of Aurora and Officers Crowley and Ramirez will appeal the Order of Judge Walker Miller dated July 26, 2005. 8. determine: Plaintiff requests the Court to schedule a status scheduling conference with the Court to

a. b. c. d.

if an appeal of the Order will follow; the status of the Order for Stay of Discovery dated July 20, 2004; the relationship of the stay of discovery to the potential appeal; the setting of future scheduling for discovery and depositions, dependent upon the status of an appeal and the Court's position regarding the Order for Stay of Discovery; and the setting of a final pretrial conference.

e.

WHEREFORE, Plaintiff requests that the Court schedule a status scheduling conference. Respectfully submitted this 5th day of August, 2005. DILL DILL CARR STONBRAKER & HUTCHINGS, P.C.

s/ Robert A. Dill Robert A. Dill Patrick D. Tooley Kevin M. Coates 455 Sherman Street, Suite 300 Denver, CO 80203 Telephone: (303) 777-3737 Facsimile: (303) 777-3823 Attorneys for Plaintiff

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Case 1:03-cv-01334-WDM-BNB

Document 68

Filed 08/05/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 5th day of August, 2005, I electronically filed the above and foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Marc F. Colin Michael T. Lowe BRUNO, BRUNO & COLIN, P.C. One Civil Center Plaza 1560 Broadway, Suite 1099 Denver, CO 80202-5143 Peter Ruben Morales OFFICE OF THE CITY ATTORNEY 15151 E. Alameda Pkwy., 5th Fl. Aurora, CO 80012

s/ Robert A. Dill Robert A. Dill Patrick D. Tooley Kevin M. Coates Attorneys for Plaintiff 455 Sherman Street, Suite 300 Denver, CO 80203 Telephone: (303) 777-3737 Facsimile: (303) 777-3823 [email protected] [email protected] [email protected]

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