Nguyen, et al v. State Farm Mtl Auto

Filing 162

Minute Entry - Courtroom Minutes for Final Pretrial Conference held before Judge Marcia S. Krieger on 10/20/2009. ORDER: Denying 142 Motion for Judgment on the Pleadings with Respect to the Class Claims; denying 144 Motion for Class Certificatio n, subject to being reasserted if appropriate after the determination in Clark; denying 147 Motion for Summary Judgment on First Cause of Action; denying 150 Plaintiff's Unopposed Motion Pursuant to D.C.Colo.LCivR 7.2 to Seal Exhibit 13 to Plaintiffs Motion for Class Certification, but the subject of Docket No. 150, Exhibit 13 at Docket No. 146, shall remain sealed at this time. (Court Reporter Paul Zuckerman) (lbush)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: LaDonne Bush Court Reporter: Paul Zuckerman Civil Action No. 04-cv-00243-MSK-BNB P a r t i e s: ROBERTA FOLKS, on behalf of herself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant. COURTROOM MINUTES Final Trial Preparation Conference 4:06 p.m. Court in session. Michael McCarthy Marie Williams Counsel : Leif Garrison Date: October 20, 2009

Plaintiff present by telephone. Karin Junge present on behalf of State Farm. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: ORDER: ORDER: ORDER: Plaintiff's Motion for Class Certification (Doc. 144) is denied subject to being reasserted if appropriate after the determination in Clark. Defendant's Motion for Judgment on the Pleadings with Respect to the Class Claims (Doc. 142) is denied. Plaintiff's Motion for Summary Judgment on First Cause of Action (Doc. 147) is denied. Plaintiff's Unopposed Motion Pursuant to D.C.Colo.LCivR 7.2 to Seal Exhibit 13 to Plaintiff's Motion for Class Certification (Doc. 150) is denied, but the subject of Docket No. 150, Exhibit 13 at Docket No. 146, shall remain sealed at this time.

Courtroom Minutes Judge Marcia S. Krieger Page 2 Court's comments to the parties regarding settlement and trial. 4:51 p.m. Court in recess.

Time: 00:45 Hearing concluded.