Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01002-MSK-CBS

Document 242

Filed 06/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 04-cv-01002-MSK-CBS DONJA VAUGHN, Plaintiff, v. SIMMS RHEA, JOE OLT, JOEL STEVENSON, and GARY SHOUN, Defendants. ______________________________________________________________________________ ORDER VACATING TRIAL AND SETTING HEARING ______________________________________________________________________________ THIS MATTER comes before the Court sua sponte. Trial in this matter is scheduled for July 10, 2006. Based on the proceedings to date, it appears that the case of United States v. Kittredge, 04-CR-262 is likely to proceed to trial. That case, currently set to begin trial on July 11, 2006, will require vacatur of the trial set in this case. Accordingly, the trial set for July 10, 2006 is VACATED. The previously issued writs of habeas corpus ad testificandum (# 231, 232) to the United States Marshal and Montezuma County Sheriff, directing the production of the Plaintiff and Sharon Vaughn for purposes of trial, are VACATED. The Court will conduct a 15-minute, non-evidentiary hearing on Monday, July 10, 2006 at 9:30 a.m. for the purpose of re-setting the case for trial. In addition, counsel shall be prepared

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Case 1:04-cv-01002-MSK-CBS

Document 242

Filed 06/28/2006

Page 2 of 2

to address the elements and supporting evidence of the claim(s) remaining for trial and the needed trial time. Counsel shall bring their calendars. Dated this 28th day of June, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge

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