Riezler et al v. Allen et al

Filing 68

Minute Entry - Courtroom Minutes for Motion Hearing held on 7/21/2009 before Judge Richard P. Matsch. ORDERED: Defendants' Motion to Dismiss Amended Complaint now construed as a motion under Rule 56, filed 9/2/2008 43 , is denied. Additional Scheduling Conference scheduled September 11, 2009 at 10:00 a.m., counsel to submit directly to chambers a proposed scheduling order by 4:00 p.m. September 3, 2009. (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: July 21, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 08-cv-00332-RPM REINER RIEZLER and SEVERI MED GmBH, Plaintiffs, v. ROBERT H. ALLEN, SALLY P. STABLER and METABOLITE LABORATORIES, INC., Monique M. Drake Edward J. Pardon Jane Michaels Jeffrey S. Ward

Defendants. ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Hearing on Motion to Dismiss 9:56 a.m. Court in session.

Plaintiff Riezler, defendants Allen and Stabler present. Court's preliminary remarks and its comments regarding the pending motion to dismiss, Rule 56, standing and immunity. 9:59 a.m. 10:02 a.m. 10:12 a.m. ORDERED: Mr. Pardon answers questions asked by the Court regarding OPS and its bankruptcy proceeding. Argument by Ms. Drake (standing). Argument by Mr. Pardon. Defendants' Motion to Dismiss Amended Complaint now construed as a motion under Rule 56, filed 9/2/2008 [43], is denied based on the issue of standing. Argument by Ms. Drake (immunity).

10:21 a.m.

July 21, 2009 08-cv-00332-RPM ORDERED: Defendants' Motion to Dismiss Amended Complaint now construed as a motion under Rule 56, filed 9/2/2008 [43], is denied on the issue of immunity.

Discussion regarding discovery scheduling. ORDERED: Additional Scheduling Conference scheduled September 11, 2009 at 10:00 a.m., counsel to submit directly to chambers a proposed scheduling order by 4:00 p.m. September 3, 2009. Court in recess.

10:33 a.m.

Hearing concluded. Total time: 37 min.

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