Free Motion Hearing - District Court of Colorado - Colorado

Case 1:03-cv-01310-WDM-CBS

Document 205

Filed 06/30/2005

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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: June 30, 2005 Time: .5 hours

CASE NO. 03-cv-01310-WDM-CBS Parties UNITED STATES OF AMERICA, Plaintiff, vs. COLORADO MUFFLERS UNLIMITED, RICHARD D. RUDD, SR., DOLORES RUDD, SHERILYN GALLEGOS, RICHARD D. RUDD, JR. and GEORGE GALLEGOS, III, Defendants. Counsel Jeffrey Swyers

HEARING ON ORDER TO SHOW CAUSE

2:45 p.m.

COURT IN SESSION

APPEARANCE OF COUNSEL for plaintiff. Record should reflect that the defendants were noticed of this hearing and responded to pleadings regarding this hearing, but have failed to appear today.

Case 1:03-cv-01310-WDM-CBS

Document 205

Filed 06/30/2005

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2:46 p.m.

Direct examination of plaintiff' witness Beth Nichols by Mr. Swyers. s

Page Two 03-cv-01310-WDM-CBS June 30, 2005 Witness excused. 2:50 p.m. Argument by Mr. Swyers. Questions by the Court.

Court concludes the defendants have failed to abide by the Court' August 10, 2004 s order and that the defendants are in contempt of that order. Discussion regarding remedy should be imposed. Ms. Nichols returns to the witness stand. 3:00 p.m. 3:05 p.m. Examination of witness Beth Nochols by the Court. Further examination by Mr. Swyers. Questions by the Court.

ORDERED: Court imposes a fine of $100.00 per day, per defendant, commencing July 1, 2005, but will not be assessed if the defendants comply with the Court' August 10, 2004 order by July 22, 2005. If defendants fail to s comply with the Court' August 10, 2004 by July 22, 2005, the daily fines s will continue to accrue until further order of the Court. Written order will issue. ORDERED: Defendants' Motion for Reconsideration (Doc #129), filed 12/22/04 is DENIED. ORDERED: Defendants' Motion for Order (Doc #133), filed is DENIED. ORDERED: Defendants' Motion to Strike (Doc #140), filed is DENIED. ORDERED: Defendants' Motion to Vacate to Correct Manifest Injustice (Doc #146), filed 3/18/05 is DENIED. ORDERED: Defendants' Motion to Strike Jury Demand (Doc #156), filed 3/28/05 is GRANTED as to preliminary injunction and DENIED WITHOUT PREJUDICE as to other remedies. ORDERED: Defendants' Motion to Strike Previously Filed IRS Forms (Doc #161), filed 4/12/05 is DENIED WITHOUT PREJUDICE.

Case 1:03-cv-01310-WDM-CBS

Document 205

Filed 06/30/2005

Page 3 of 3

ORDERED: Defendants' Motion for Order (Doc #162), filed 4/12/05 is DENIED. ORDERED: Defendants' Motion to Vacate (Doc #165), filed 4/12/05 is DENIED.

Page Three 03-cv-01310-WDM-CBS June 30, 2005 ORDERED: Defendants' Amended Motion for Leave of Court (Doc #166), filed 4/12/05 is DENIED as MOOT. ORDERED: Defendants' Motion to Strike (Doc #175), filed 4/18/05 is DENIED. ORDERED: Defendants' Motion to Strike (Doc #176), filed 4/18/05 is DENIED. ORDERED: Defendants' Motion to Strike (Doc #178), filed 4/18/05 is DENIED. ORDERED: Defendants'Motion to Strike (Doc #180), filed 4/18/05 is DENIED. ORDERED: Defendants' Objections (Doc #188), filed 5/25/05 are OVERRULED. 3:30 p.m. COURT IN RECESS 45 minutes

Total in court time: Hearing concluded