Arroyo et al v. Eischen et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE CHARLOTTE N. SWEENEY
Civil Action: 	21-cv-01687-CNS-MDB 	Date: August 26, 2022
Courtroom Deputy: 	Julie Dynes 	Court Reporter: Kevin Carlin
Parties 	Counsel
JOSE ARROYO
HEATHER BOEHM
SAMUEL CORDO
AMBER MILLER
Tod Duncan
Genevieve Geiger
Kristen Kendall
Rachel Ryan
Plaintiffs
v.
ALEXANDER HALL
JOSHUA MOORE
TIMOTHY HOLCOMB
DUSTIN ROSS
CHAD WEISE
ANDREW PRIVETT
UNITED STATES OF AMERICA
Thomas Werge
Jonathan Abramson
Lucas Lorenz
Amanda Berndt
Jeffrey Nelson
Defendants
COURTROOM MINUTES
ORAL ARGUMENT
Court in Session: 9:00 a.m.
Appearance of counsel. Also present at the plaintiff table is Matthew Douglas.
The Court outlines the scope of today’s hearing.
Case No. 1:21-cv-01687-CNS-MDB Document 211 filed 08/26/22 USDC Colorado
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Directed argument as to [169] Motion for Summary Judgment to Set Aside the United States’
Westfall Act Certification and Notice of Substitution by Mr. Nelson and Ms. Berndt with
questions from the Court.
Directed argument as to [169] Motion for Summary Judgment to Set Aside the United States’
Westfall Act Certification and Notice of Substitution by Mr. Duncan with questions from the
Court.
ORDERED: 	Request for additional testimony from the plaintiffs is DENIED.
The Court makes findings of fact, conclusions of law. As outlined on the record it is
ORDERED: 	Westfall certification is rejected and the substitution of the United States for
the defendants on the state law tort claims of intentional infliction of
emotional distress and civil conspiracy is hereby STRICKEN. Those claims
shall proceed against the individual defendants.
[169] Motion for Summary Judgment to Set Aside the United States’
Westfall act Certification and Notice of Substitution is GRANTED.
Court in Recess: 10:04 a.m. 	Hearing concluded. 	Total time in Court: 01:04
Case No. 1:21-cv-01687-CNS-MDB Document 211 filed 08/26/22 USDC Colorado
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