Bray et al v QFA Royalties

Filing 24

Minute Entry for proceedings held before Judge John L. Kane: Motion Hearing held on 12/22/2006. Granting 23 Motion for Order to Preserve the Status Quo Pending a Hearing on Plaintiffs' Motion for Preliminary Injunction; Motion for Expedited Discovery following 12/22/06 hearing Granted. Ordered that neither side shall present any further press releases with respect the matter of Bob Baber and Ryan Baber. Preliminary Injunction Hearing 23 is set for 02/12/07, 02/13/07, 02/14/07 at 9am. Discovery may be conducted on 02/08/07. The TSA website regarding donations for Mr. Baber shall be taken down. Discovery due by 2/8/2007, Motion Hearing set for 2/12/2007 09:00 AM in Courtroom A 802 before Judge John L. Kane. (Court Reporter ECR-Shelly Moore.) (jjh, )

Bray et al v QFA Royalties

Doc. 24

Case 1:06-cv-02528-JLK

Document 24

Filed 12/22/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE JOHN L. KANE Civil Action No. 06-cv-02528-JLK-CBS Date: December 22, 2006 ECR/ Deputy Clerk: Shelley Moore Gregory R. Stross Justin M. Klein (via telephone)

CHRIS BRAY, SABINE BRAY, TRAINING PROS, INC., JEHAD MAJED, ALI MAJED, Q FOOD SERVICE, INC., BRAD FIX, JAN FIX, BJ and F, LLC, RICHARD NEWKIRK, MAUREEN NEWKIRK, DAVID NEWKIRK, NEWKIRK ENTERPRISES, INC., R&M ENTERPRISES, LLP, HAKIM ABID, ALLISON ABID, DANIEL G. CARTER, JR., JODY L. CARTER, DANIEL G. CARTER, SR., MADELEINE CARTER, CARTER GROUP, LLC, CARTER GROUP ROSEVILLE, LLC, GLENN KEANE, ANNE KEANE, LKB, LLC, DAVID TATE, BIG LITTLE PROPERTY INVESTMENTS, CT H INVESTMENTS, Plaintiffs, v. QFA ROYALTIES, LLC, Defendant.

Frederic A. Cohen Leonard H. MacPhee

1

Dockets.Justia.com

Case 1:06-cv-02528-JLK

Document 24

Filed 12/22/2006

Page 2 of 3

06-cv-02528-JLK-CBS December 22, 2006

COURTROOM MINUTES Hearing on Motion for Order to Preserve the Status Quo Pending a Hearing on Plaintiffs' Motion for Preliminary Injunction 9:15 a.m. Court in Session.

Court calls case. Appearances of counsel. Present with Defendant' counsel is Patrick Meyer, general s counsel for the Defendant company. The court makes preliminary remarks. The court notes for the record that this courthouse was closed yesterday, December 21, 2006, due to inclement weather of record proportions. ORDERED: The Motion for Expedited Discovery following Today' Hearing is GRANTED. s 9:20 a.m. 9:27 a.m. Mr. Cohen presents argument on the Motion for Order to Preserve the Status Quo Pending a Hearing on Plaintiffs' Motion for Preliminary Injunction (document 23). Mr. Stross presents responsive argument.

The Court makes findings and conclusions of law. ORDERED: The Motion for Order to Preserve the Status Quo Pending a Hearing on Plaintiffs' Motion for Preliminary Injunction (document 23) is GRANTED as stated on the record. The franchisees may continue operating. The Defendant company will take no action whatsoever to terminate these franchisees. Plaintiffs shall continue to pay their royalties. This order shall remain in effect until further order of Court. ORDERED: Neither side shall present any further press releases with respect to the matter of Bob Baber & Ryan Baber. 9:35 a.m. Mr. Klein makes statements concerning delivery of product.

Counsel discuss with the Court the time needed to complete discovery.

2

Case 1:06-cv-02528-JLK

Document 24

Filed 12/22/2006

Page 3 of 3

06-cv-02528-JLK-CBS December 22, 2006 ORDERED: A Preliminary Injunction Hearing is set for February 12, 13, and 14, 2007, co mmencing at 9:00 a.m., in courtroom A-802. Discovery may be conducted up to and including February 8, 2007. ORDERED: The TSA website regarding donations for Mr. Baber shall be taken down. 9:42 a.m. Court in Recess Total time in Court 0:27; hearing concluded

3