Smith v. Leyba et al

Filing 58

Minute Entry for proceedings held before Judge Marcia S. Krieger: Final Pretrial Conference held on 11/3/2009. Plaintiffs 26 Motion to Amend Complaint is DENIED. Defendants 36 Motion for Summary Judgment is GRANTED. The Court dismisses the one remaining claim in this action. Defendants 31 Motion to Dismiss is rendered moot by the dismissal of all claims in this action. The Clerk is directed to close the case. The matter is concluded. (Court Reporter Paul Zuckerman.) (wjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: November 3, 2009 Civil Action No. 07-cv-02580-MSK-BNB P a r t i e s: CHARLES SMITH, Plaintiff, v. RON LEYBA, WARDEN, Defendant. COURTROOM MINUTES HEARING: 4:12 p.m. Final Pretrial Conference. Court in session. Jennifer Huss Counsel Appearing: Charles Smith, pro se Plaintiff, pro se, is present by telephone. Defense counsel is present with Keith Nordell, Director of Legal Services and Tom Montoya, Deputy Director of Human Resources. Defendant Ron Leyba is not present. PENDING MOTIONS. Oral findings and conclusions of law are made of record and incorporated herein. The Court addresses Plaintiff's Motion to Amend Complaint (Doc. #26). Argument by plaintiff. ORDER: Plaintiff's Motion to Amend Complaint (Doc. #26) is DENIED. The Court addresses Defendant's Motion for Summary Judgment (Doc. #36). Argument by plaintiff. ORDER: Defendant's Motion for Summary Judgment (Doc. #36) is GRANTED. The Court dismisses the one remaining claim in this action. Defendant's Motion to Dismiss (Doc. #31) is rendered moot by the dismissal of all claims in this action. The Clerk is directed to close the case. The matter is concluded. Court in recess. 4:44 p.m. Total Time: 32 minutes. Hearing concluded.

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