Stender et al v. Archstone-Smith Operating Trust

Filing 373

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 6/9/2015. Granting 365 The Archstone Defendants' Motion to Amend the Class Certification Scheduling Orders. Scheduling Order 335 is amended. Status Conference set for 7/15/2015 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No.
Date:

07-cv-02503-WJM-MJW

FTR - Courtroom A-502
Courtroom Deputy, Ellen E. Miller

June 09, 2015

STEVEN A. STENDER,
HAROLD SILVER, and
INFINITY CLARK STREET OPERATING, L.L.C.,

Kenneth A. Wexler
O. Lee Squitieri
Kara A. Elgersma
Diane V. Smith

Plaintiff(s),
v.
ARCHSTONE-SMITH TRUST,
ARCHSTONE-SMITH OPERATING TRUST,
ERNEST A. GERARDI, JR.,
RUTH ANN M. GILLIS,
NED S. HOLMES,
ROBERT P. KOGOD,
JAMES H. POLK, III,
JOHN C. SCHWEITZER,
R. SCOT SELLERS,
ROBERT H. SMITH,
STEPHEN R. DEMERITT,
CHARLES MUELLER, JR.,
CAROLINE BROWER,
MARK SCHUMACHER,
ALFRED G. NEELY,
TISHMAN SPEYER DEVELOPMENT
CORPORATION,
RIVER HOLDING, LP,
RIVER ACQUISITION (MD), LP,
RIVER TRUST ACQUISITION (MD), LLC,
ARCHSTONE MULTIFAMILY SERIES I TRUST,
ARCHSTONE ENTERPRISE LP,
ARCHSTONE INC.,
LEHMAN BROTHERS HOLDINGS INC.,
ERP OPERATING LIMITED PARTNERSHIP,
EQUITY RESIDENTIAL,
AVALONBAY COMMUNITIES, INC. and
JOHN DOES 1-8,

Jonathan D. Polkes
Caroline J. Hickey Zalka
Frederick J. Baumann
Roger P. Thomasch
Leslie A. Eaton

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:

STATUS CONFERENCE

Court in Session:
2:00 p.m.
Court calls case. Appearances of counsel.
The Court raises The Archstone Defendants’ Motion to Amend the Class Certification
Scheduling Orders [Docket No. 365] for argument. Argument by both sides is heard.
It is ORDERED:

The Archstone Defendants’ MOTION TO AMEND THE CLASS
CERTIFICATION SCHEDULING ORDERS [Docket No. 365, filed June
03, 2015] is GRANTED for reasons as set forth on the record.

The Scheduling Order [Docket No. 335, entered December 15, 2014] is AMENDED:
Rebuttal expert disclosures:
JULY 13, 2015
Deadline to depose rebuttal experts(s): JULY 28, 2015
Deadline for all other class certification discovery, including deposing affirmative experts:
JULY 13, 2015
Deadline for Plaintiffs to file Motion for Class Certification: JULY 28, 2015
Deadline for Defendants to file Response: AUGUST 27 , 2015
Deadline for Plaintiffs to file Reply: SEPTEMBER 14, 2015

It is ORDERED:

The seven (7) items articulated as a stipulation by the parties is approved
as stated on the record. On or before JUNE 12, 2015, Plaintiffs shall
provide these seven items to Defendants.

Defendants have received 2003-2012 Tax-Returns for Harold Silver.
Defendants have received 2003-2013 Tax-Returns for Steven A. Stender.
Defendants have received 2003-2013 Tax-Returns for Infinity Clark Street Operating, LLC .
Plaintiff has agreed to provide to the Defendants the 2013 Tax-Return of Harold Silver on or
before JUNE 12, 2015.
It is believed requests for extensions on filing 2014 Tax-Returns for Harold Silver, Steven A.
Stender, and Infinity Clark Street Operating, LLC are pending.
Plaintiff shall provide to Defendants the basis for the calculations on or before JUNE 16, 2015.
Plaintiffs shall file Supplements to the Defendants’ second set of interrogatories on or before
JUNE 16, 2015.
It is ORDERED:

A STATUS CONFERENCE is set JULY 15, 2015 at 1:30 p.m.
(Mountain Time) in Courtroom A-502, Fifth floor, Alfred A. Arraj United
States Courthouse, 901 19th Street, Denver, Colorado 80294.

Two hours are set aside for this Status Conference.
Hearing concluded.
Court in recess: 3:14 p.m.
Total In-Court Time 01:19 minutes

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