Hertz v. Luzenac America Inc

Filing 382

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 1/21/2010. ORDERED: Hertz's Motion for Permission to Amend Complaint, # 314 is GRANTED WITHOUT PREJUDICE. If Plaintiff wish es to file a Second Amended Complaint, he will be required to do so no later than JANUARY 29, 2010. Luzenac's Unopposed Motion for Three-Day Extension of Time, # 378 is GRANTED. The fact supplementation shall be provided to Hertz by JANUARY 2 2, 2010. Defendants shall file a Response to Hertz's Motion for Leave to Substitute Expert Witness, # 376 . Plaintiff may file a Reply brief. The briefs are due by 12:00 p.m. on FEBRUARY 15, 2010. The fully briefed motion will be considered at the Status Conference set for FEBRUARY 18, 2010 at 10:30 a.m. by Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer
Civil Action No.: 04-cv-01961-LTB-CBS Date: January 21, 2010 FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Linda Kahoe

SANFORD LEE HERTZ, Plaintiff/Counter Defendant, LANE LIGHTHART, Counter Defendant/Counter Claimant, v. LUZENAC AMERICA, INC., Defendant/Counter Claimant.

Byeongsook Seo

Byeongsook Seo

Sybil Ruth Kisken

COURTROOM MINUTES/MINUTE ORDER HEARING: MOTION HEARING Court in session: 10:54 a.m. Court calls case. Appearances of counsel. Discussion and arguments regarding Sanford Lee Hertz's Motion for Permission to Amend Complaint, doc #[314], filed 7/5/2006 The court sites relevant case law. For the reasons as stated on the record, it is: ORDERED: Sanford Lee Hertz's Motion for Permission to Amend Complaint, doc #[314], is GRANTED. In granting this motion to amend, the court is not, in any way, expressing any opinions or attempting to anticipate, in any way, rulings that Judge Babcock may make on the merits of the objections raised by Luzenac. The court is granting the Motion to Amended WITHOUT PREJUDICE to Luzenac's right to raise any substantive defenses that they believe are appropriate under Rule 12, including but not limited to, challenges to the issue of timeliness. To the extent that Mr. Hertz wishes to file a Second Amended Complaint, he will be required to file a Second Amended Complaint no later than JANUARY 29, 2010.

ORDERED: Luzenac's Unopposed Motion for Three-Day Extension of Time for Rule 26(e) Fact Supplementation, doc #[378], filed 1/19/2010 is GRANTED. Luzenac's 26(e) fact supplementation shall be provided to Hertz by JANUARY 22, 2010. Discussion regarding Hertz's Motion for Leave to Substitute Expert Witness, doc #[376], filed 1/14/2010. ORDERED: Defendants shall file a Response to Hertz's Motion for Leave to Substitute Expert Witness, doc #[376]. Plaintiff may file a Reply brief. The briefs must be filed by 12:00 p.m. on FEBRUARY 15, 2010. The fully briefed motion will be considered at the Status Conference set for FEBRUARY 18, 2010 at 10:30 a.m. The parties will agree on how to divide the abbreviated time for filing the Response and the Reply briefs by the February 15, 2010 deadline. HEARING CONCLUDED. Court in recess: Total time in court: 11:57 a.m. 01:03

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