EPC Corporation et al v. Kreutzer et al

Filing 90

Minute Entry - Courtroom Minutes for Status Conference held on 3/30/2009 before Judge Richard P. Matsch. ORDERED: The September 24, 2008 28 Scheduling Order entered is vacated. Plaintiffs' Motion for Reconsideration of Plaintiffs Motion for Ju dgment by Default Against Defendant Hermosa Park. LLC, filed March 16, 2009 88 , is denied. Counsel shall prepare an agreed scheduling order that addresses in clarity the parties' respective positions, succinctly states the claims, defenses an d counterclaims and if any discovery issues and submit it directly to chambers in paper format by 4:00 p.m., April 13, 2009. Plaintiffs' Motion for Judgment by Default Against Defendant Hermosa Park. LLC, filed December 9, 2008 46 , is denied. Recommendation Regarding Plaintiffs' Motion for Judgment by Default Against Defendant Hermosa Park. LLC, filed February 6, 2009 82 , is not adopted and denied. (Reporter FTR - K. Terasaki) (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: March 30, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 08-cv-01463-RPM-MJW EPC Corporation, an Arizona corporation; DENNIS C. SHAW; Plaintiffs, v. JAMES G. KREUTZER, Pro Se HERMOSA PARK, LLC, a Colorado limited liability company; CHARLES SHAFER, II; MICHAEL MCQUINN; Michael B. Levy MICHAEL MCQUINN AS TRUSTEE FOR THE MICHAEL MCQUINN PROFIT SHARING PLAN; BARRY MASON; BRANDON ROFF; BRET MASON; DANIEL WANSTRATH; DIANE ORRELL-LOPEZ; DYLAN NORTON; JACKIE ONEY and TONY ONEY, husband and wife; JANET L. PETTIGREW AS TRUSTEE OF THE JANET L. PETTIGREW REVOCABLE TRUST DATED FEBRUARY 27, 2006; LESLIE R. FARRELL; LOIS CARPENTER; MATTHEW SPOWART; MCKOWN AND MCKOWN, LLC, a Colorado limited liability company; MREI, LLC, an Alaskan limited liability company; R. KEN CARPENTER; ROBERT WALLACE; RONALD W. PETTIGREW AS TRUSTEE OF THE RONALD W. PETTIGREW REVOCABLE TRUST DATED FEBRUARY 27, 2006; ROYAL LILLGE; SULTANA INVESTMENT LIMITED PARTNERSHIP, an Alaska limited partnership; THOMAS L. GRAMS; THOMAS A. ST. OURS; and WILLIAM PEASE FAMILY LIMITED PARTNERSHIP, an Alaska limited partnership, Defendants. Robert Berens Jerome M. Joseph ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Status Conference 2:00 p.m. Court in session. Defendant Michael McQuinn present. Court's preliminary remarks and states its understanding and assessment of the case from the review of the file. ORDERED: ORDERED: The September 24, 2008 [28] Scheduling Order entered is vacated. Plaintiffs' Motion for Reconsideration of Plaintiffs' Motion for Judgment by Default Against Defendant Hermosa Park. LLC, filed March 16, 2009 [88], is denied. Statements by Mr. Levy regarding case facts. Statements by Mr. Kreutzer. Statements by Mr. Berens. 2:07 p.m. 2:14 p.m. 2:19 p.m. Mr. Levy states defendants are pursuing its counterclaims. ORDERED: Counsel shall prepare an agreed scheduling order that addresses in clarity the parties' respective positions, succinctly states the claims, defenses and counterclaims and if any discovery issues and submit it directly to chambers in paper format by 4:00 p.m., April 13, 2009. Plaintiffs' Motion for Judgment by Default Against Defendant Hermosa Park. LLC, filed December 9, 2008 [46], is denied. Recommendation Regarding Plaintiffs' Motion for Judgment by Default Against Defendant Hermosa Park. LLC, filed February 6, 2009 [82], is not adopted and denied. Court in recess. ORDERED: ORDERED: 2:37 p.m. Hearing concluded. Total time: 37 min. 2