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HomeMy WebLinkAbout2018CV2867 - Fort Collins Mennonite Fellowship And Steve Ramer V. City Of Fort Collins, Et Al - 074 - Partial Transcript Of Proceedings1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT DISTRICT OF COLORADO FORT COLLINS MENNONITE . Case No. 18-cv-02867-MSK-NYW FELLOWSHIP, a Colorado . non-profit corporation, and . STEVE RAMER, . . Plaintiffs, . . vs. . . THE CITY OF FORT COLLINS, . THE CITY OF FORT COLLINS . CITY COUNCIL, LAURIE DAVIS, . Alfred A. Arraj Courthouse ROBERT DAVIS, MARY RAY, . 901 19th Street H. STUART MACMILLAN, HOLLY . Denver, CO 80294 JOHNSON, LAURA PETRICK, . DAVE PETRICK, KATHERINE . ACOTT, WALTER HICKMAN, . PATRICIA DIEHL, FERAH AZIZ, . TARA MCCORMAC, JENNIFER . PETRIK, DENNIS BOOKSTABER, . TOM HALL, STEVE ACKERMAN, . PAMELA REFVEM, and MICHAEL . MERCER, . . Defendants. . May 6, 2019 . . . . . . . . . . . . . . . 1:02 p.m. PARTIAL TRANSCRIPT OF PROCEEDINGS HELD BEFORE THE HONORABLE NINA Y. WANG, UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the Plaintiffs: ACLU of Colorado By: Arash Jahanian 303 East 17th Avenue 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appearances continued: For the Defendants: Otten Johnson Robinson Neff & Ragonetti, P.C. By: David A. Brewster By: Brian J. Connolly 950 17th Street Suite 1600 Denver, CO 80202 (303) 575-7505 Hall & Evans, LLC By: Andrew D. Ringel 1001 17th Street Suite 300 Denver, CO 80202 (303) 628-3300 Also Present: Steve Ramer John R. Duval Court Recorder: Clerk's Office U.S. District Court 901 19th Street Denver, CO 80294 Transcription Service: AB Court Reporting & Video 216 16th Street, Suite 600 Denver, CO 80202 (303) 296-0017 Proceedings recorded by electronic sound recording; transcript produced by transcription service. Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 2 of 12 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Time noted: 1:02 p.m.) THE COURT CLERK: All rise. Court is now in session. THE COURT: Thank you. Please be seated. All right, we are on the record in 18-cv-2867-MSK- NYW, Fort Collins Mennonite Fellowship, et al., versus the City of Fort Collins, et al. Could I have appearances of counsel, please? MR. CONNOLLY: Good afternoon, Your Honor. For the Plaintiff, Brian Connolly. I'm here with my colleagues David Brewster and Arash Jahanian from the ACLU of Colorado, and our client representative, Pastor Steve Ramer is here. THE COURT: Good afernoon. MR. RINGEL: Good afternoon, Your Honor, Andrew Ringel on behalf of Defendants, the City of Fort Collins and the City Council of the City of Fort Collins. With me is Deputy City Attorney John Duval. THE COURT: Good afternoon. All right, we are here for a settlement conference in this case. I've been through your confidential settlement statements. This case is a little bit different than other cases that I think you all have pretty well fleshed out the issues that we need to work on this afternoon. So let me tell you a few things, just to make sure Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 3 of 12 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we're all on the same page. I have a hard stop at 5:00 o'clock. Unfortunately, I have some child care issues today, which means that I need to be able to get to my own children by 5:30. So just know that, and I'll keep that in mind. The second thing is that this is a confidential settlement process. And so for your clients' sake, who may not be in court all the time, that means to the extent that I can settle the case, we will enter minutes that reflect the principal terms of the agreement. If I can't settle the case, all that will be reflected in the public record is that we were unable to settle the case, and I will give no impressions of either the success or the likelihood of success on the merits to either the public or to Judge Krieger. And so that's not my role in this case. So that being said, does anyone have any updates before we start our work here? MR. CONNOLLY: Nothing here, Your Honor. THE COURT: Okay. MR. RINGEL: Nothing for us, either, Your Honor. THE COURT: So before I split you up and start talking to you individually, let me try to get on the record, and we can restrict it, although I think this is all going to be public if we are able to resolve it, what I think the Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 4 of 12 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parties are, in fact, in agreement about. (Record sealed from 1:04 p.m. until 4:41 p.m.) THE COURT CLERK: All rise. Court is now in session. THE COURT: Thank you. Please be seated. We are back on the record on 18-cv-2867-MSK=NYW, Fort Collins Mennonite Fellowship, et al., versus The City of Fort Collins, et al. I understand that the parties have reached a resolution on the non-monetary terms of the case. And so my proposal, counsel, if you don't have a disagreement, is that I would put the material terms on the record and get an assent from each side as I go through, so the record is clear. And then you all can continue negotiating with respect to the monetary terms. Is that acceptable to you? MR. CONNOLLY: Yes, Your Honor. MR. RINGEL: Yes, Your Honor. THE COURT: All right. So this is what my understanding of the parties' agreement is: Subject to approval by the Fort Collins City Council, the parties agree that the City agrees to eliminate the requirement that a Fellowship representative be present during the operation hours of the locker program. Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 5 of 12 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The locker program will extend from 6:00 a.m. until 9:00 p.m. for unsupervised access. Outside of those hours, a representative on-site can assist a client to access the lockers and open the secured barrier and re-secure the barrier. The anticipation is that the physical barrier at this point will be a metal bar. Is that correct, Mr. Connolly? MR. CONNOLLY: Yes, it is. THE COURT: And is that correct, Mr. Ringel? MR. RINGEL: Yes, that's correct. THE COURT: All right. And in turn for the City eliminating the presence requirement, the Fellowship agrees to provide the City Zoning Department with 24/7 contact information of two Fellowship representatives. This information will include, for each representative, his or her name, a cell phone number with texting capabilities, an email address, and any home or work telephone numbers, and any work or home addresses. These Fellowship representatives will be persons to whom the Fellowship has granted authority to make decisions concerning the use of the lockers. If any of the contact -- I'm sorry. If any contact information for the Fellowship's representatives changes, the Fellowship will promptly notify the City Zoning Department of the changes, and update the signs if the change Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 6 of 12 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is a posted cell phone number. The Fellowship representative will not be a current participant in the locker program. Is that accurate, Mr. Connolly? MR. CONNOLLY: Yes, it is. THE COURT: Mr. Ringel? MR. RINGEL: Yes, Your Honor. THE COURT: All right. The Fellowship agrees to post a sign at the entrance of the Fellowship's building and on the lockers, stating the cell phone numbers of the cell phone representatives, and the hours of operation of 6:00 a.m. to 9:00 p.m. for unsupervised access. And the signage will also include the language "unauthorized access to lockers is not permitted. Violators may be prosecuted." Is that your understanding of the signage? MR. CONNOLLY: Yes. MR. RINGEL: Yes, Your Honor. THE COURT: Okay. Then that same language, "unauthorized access to lockers is not permitted. Violators may be prosecuted," that same language will be reflected in a contract between the Fellowship, as well as the locker participants. Is that your understanding? MR. CONNOLLY: Yes, Your Honor. Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 7 of 12 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Mr. Ringel? MR. RINGEL: Yes, Your Honor. THE COURT: Okay. Now, in terms of the unauthorized access to the lockers, to the extent that a citizen or the police believe that unauthorized access to the lockers is being attempted, the police will contact one or both of the Fellowship representatives within 30 minutes. The Fellowship representatives will endeavor to return that phone call, or answer that phone call, within 30 minutes. If the Fellowship representatives do not respond within a 30-minute time frame, then the police will simply proceed with the information that they have at that time. Is that your understanding of that material term? MR. CONNOLLY: Yes, it is, Your Honor. MR. RINGEL: Yes, Your Honor. THE COURT: Okay. The Fellowship will install a security camera at the location that provides a high quality and clear view of the lockers, and their numbers, and the users as they access the lockers. The camera will be operated 24/7. Its video will be capable of being monitored in real time and retained for at least the past seven days of the camera's recording, and such video shall be accessible remotely by cell phone or over the internet. Is that your understanding of that material term, Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 8 of 12 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Connolly? MR. CONNOLLY: Yes, Your Honor. THE COURT: And, Mr. Ringel? MR. RINGEL: Yes, Your Honor. THE COURT: And then I think we've talked about this before, but the Fellowship will restrict locker access outside the operating hours by a physical or technological means of its choosing, and the means must be reasonably effective in denying users the ability to open their lockers during the non-operating hours. MR. CONNOLLY: Yes, Your Honor. MR. RINGEL: Yes, Your Honor, although my understanding is it was going to be a metal bar. THE COURT: Right. That's the anticipation is that it will be a physical metal bar. MR. CONNOLLY: Yes. THE COURT: Okay. And then lastly, the amendments or the conditions become part of the minor amendments, so that these conditions become an amendment to the minor amendment of the land use provisions. MR. CONNOLLY: Yes, Your Honor. MR. RINGEL: Yes, that is correct, Your Honor. THE COURT: All right. Did I miss any other material terms? (Pause) Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 9 of 12 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CONNOLLY: Not to my knowledge, Your Honor. MR. RINGEL: Not to my knowledge, other than to the extent that there is an ultimate global resolution, it would have to be dismissal of the lawsuit with prejudice. But we will get to that when we get to that. THE COURT: I assume that would be your anticipation that the lawsuit would get dismissed with prejudice? MR. CONNOLLY: Yes, that is what we're aiming for. THE COURT: Okay. All right. So my understanding is that you all will continue to engage in discussions with respect to the attorneys' fees. To the extent that the Court can be of service to you with respect to that negotiation, please feel free to contact my Chambers informally, and just set up another ENE with respect to the attorneys' fees. I'll also tell you, as I told you in the negotiations, that to the extent that you have issues negotiating the specific terms of the agreement or the land use provisions, that you need the Court's input on, I'm happy to help you resolve any issues with respect to that, as well, with the caveat that hopefully this would never happen, but to the caveat that I can't force you all to do anything and put myself in a position that I wouldn't be able to engage in a recommendation as to a motion to enforce. Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 10 of 12 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But I'm happy to help you with the language, if you need it. Okay? MR. CONNOLLY: Great. THE COURT: All right. Anything further, counsel? MR. RINGEL: Only, Your Honor, is the Court willing to entertain telephone calls on attorneys' fees, and things like that? THE COURT: Absolutely. MR. RINGEL: My guess is it wouldn't require us all to be here, that it may be your auspices by telephone might work. THE COURT: I'm happy to do whatever helps get this across the finish line. MR. RINGEL: Okay. THE COURT: All right. Anything else from the Plaintiffs? MR. CONNOLLY: Nothing. Thank you, Your Honor. THE COURT: All right. Thank you very much. We'll be in recess. THE COURT CLERK: All rise. (Time noted: 4:50 p.m.) * * * * * Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 11 of 12 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE I, RANDEL RAISON, certify that the foregoing is a correct transcript from the official electronic sound recording of the proceedings in the above-entitled matter, to the best of my ability. ______________________________ June 4, 2019 Randel Raison Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 12 of 12 Suite 350 Denver, CO 80203 (303) 777-5482 Case 1:18-cv-02867-MSK-NYW Document 74 Filed 06/04/19 USDC Colorado Page 1 of 12