USA v. Thoro Products Company

Filing 115

Minute Entry - Courtroom Minutes for Motion Hearing held on 5/12/2010 before Judge Richard P. Matsch. ORDERED: Third Party Defendant Highway 72 Properties, Inc. is dismissed. Joint Motion to Reopen the Case and Consolidate with Civil Action No. 04-m- 2330 to Lodge an Amendment to The 2002 Consent Decree, filed April 13, 2010 7 in 02-cv-00604-RPM, is granted. Joint Motion Requesting a Stay of Certain Work Obligations under the Consent Decree, filed April 29, 2010 10 in 02-cv-00604-RPM, is granted. Motion to Enter Proposed Consent Decree, filed April 26, 2010 111 in 04-cv-02330-RPM, is granted. Consent Decree signed in open court. (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: May 12, 2010 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action 02-cv-00604-RPM UNITED STATES OF AMERICA, Plaintiff, v. GREAT WESTERN INORGANICS, INC., Defendant. _______________________________________ Civil Action No. 04-cv-02330-RPM UNITED STATES OF AMERICA, Plaintiff, v. THORO PRODUCTS COMPANY, Defendant / Third Party Plaintiff, v. GREAT WESTERN INORGANICS, INC., HIGHWAY 72 PROPERTIES, INC., Eugene J. Riordan Christopher Sutton William Fronczek Cara M. Mroczek Steven Moores Cara M. Mroczek Steven Moores

Third Party Defendants. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Pending Motions 10:01 a.m. Court in session.

Court's preliminary remarks. Richard E. Newman present as representative for Thoro Products Company.

May 12, 2010 02-cv-00604-RPM 04-cv-02330-RPM Mr. Sutton states Highway 72 Properties was never served and should be dismissed as a party. ORDERED: Third Party Defendant Highway 72 Properties, Inc. is dismissed.

Court states the current status of the case based on its review of the pleading. ORDERED: 10:11 a.m. Joint Motion to Reopen Case, filed April 29, 2010 [10] in 02-cv-00604-RPM is granted. Mr. Sutton answers questions asked by the Court.

Mr. Sutton states he has reviewed the proposed consent decree with his client Richard Newman. Mr. Sutton further states that there has been a settlement of all claims against third party defendant Great Western and if the consent decree is approved by the Court a dismissal will be filed. 10:18 a.m. Mr. Riordan answers questions asked by the Court.

Mr. Riordan states it is correct that an agreement has been reached regarding the third-party complaint based on approval of the consent decree. 10:21 a.m. 10:24 a.m. Ms. Mroczek. answers questions asked by the Court. Mr. Sutton answers additional questions asked by the Court.

Court's findings as stated on record. ORDERED: ORDERED: Motion to Enter Proposed Consent Decree, filed April 26, 2010 [111] in 04-cv-02330RPM, is granted. Consent Decree signed in open court. Joint Motion to Reopen the Case and Consolidate with Civil Action No. 04-m-2330 to Lodge an Amendment to The 2002 Consent Decree, filed April 13, 2010 [7] in 02-cv-00604-RPM, is granted. Joint Motion Requesting a Stay of Certain Work Obligations under the Consent Decree, filed April 29, 2010 [10] in 02-cv-00604-RPM, is granted.

ORDERED:

Mr. Sutton informs the Court he will file a stipulated motion to dismiss. 10:33 a.m. Court in recess.

Hearing concluded. Total time: 32 min.

2