Registry Systems International, Ltd. v. Hamm et al

Filing 209

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 7/30/2009. Written order will issue on 101 Motion for Partial Summary Judgment, 102 Motion for Summary Judgment, and 122 Motion to Amend/Correct/Modify A nswer. Granting in part and Denying in part as stated on the record 177 APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Jury instruction conference set for 9/10/2009 at 1:30 p.m. Proposed jury instructions, witness and exhibit lists due b y 5:00 p.m. on 9/4/2009. (Court Reporter Janet Coppock)(pabcd) Modified on 8/5/2009 to add text stating that a written order will issue on the three motions, and to state that a jury instruction conference and proposed jury instruction deadlines were set (ebs, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: July 30, 2009 Time: 58 minutes

CASE NO. 08-cv-00495-PAB-MJW Parties REGISTRY SYSTEMS INTERNATIONAL, Ltd., Plaintiff, vs. KIM KEELING, Defendant, and VINCENT HAMM, KAREN HAMM, AIM HIGH!, INC., KAIM CHIGH, LLC, Defendants and Third Party Plaintiffs, vs. EDWARD J. SWEENEY, CHARLES A. SWEENEY, and CAPITAL NETWORKS, PTY., LTD., Third-Party Defendants. Terrence Gill Kenzo Kawanabe Elizabeth Smith Titus Counsel Terrence Gill

Page Two 08-cv-00495-PAB-MJW July 30, 2009

MOTIONS HEARING 1:35 p.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Also present are Defendants and Third Party Plaintiffs Karen Hamm and Vincent Hamm. Discussion how this hearing will proceed. Court issued a Show Cause Order to satisfy that the Court has diversity jurisdiction. After reviewing the parties' responses, the Court discharges the show cause order. Court will address Plaintiff's Objection to Magistrate Judge Decision (Doc #177), filed 6/18/09. 1:38 p.m. 1:42 p.m. Argument by Mr. Gill. Argument by Ms. Smith Titus.

ORDERED: Plaintiff's Objection to Magistrate Judge Decision (Doc #177), filed 6/18/09 is GRANTED in PART as follows: The objection is overruled as to the portion that requires the plaintiff to provide all production requests. Plaintiff shall produce the documents outlined on page 4 of Defendant and Third-Party Plaintiffs' Response in Opposition to Plaintiff's Objection to Judge Watanabe's Order (Doc #194), filed 7/2/09 by August 13, 2009. Third Party Defendant's Motion to Amend/Correct/Modify Answer (Doc #122), filed 5/12/09. Defendants and Third Party Plaintiffs Karen Hamm and Kaim Chigh, LLC's Motion for Summary Judgment (Doc #102), filed 3/30/09. Defendants and Third Party Plaintiff's Motion for Partial Summary Judgment (Doc #101), filed 3/30/09. 1:46 p.m. 1:58 p.m. Argument by Ms. Smith Titus. Questions by the Court. Argument by Mr. Kawanabe. Questions by the Court.

Page Three 08-cv-00495-PAB-MJW July 30, 2009 2:06 p.m. 2:18 p.m. 2:20 p.m. Argument by Mr. Gill. Questions by the Court. Rebuttal argument by Mr. Kawanabe. Rebuttal argument by Ms. Smith Titus.

Discussion regarding the status of the dismissal of defendant Kim Keeling. ORDERED: Court will issue a written order on the motions for summary judgment and Third Party Defendants' motion to amend/correct modify answer ORDERED: Jury instruction conference is scheduled for September 10, 2009 at 1:30 p.m. Proposed jury instructions, witness and exhibits lists are due by 5:00 p.m. on September 4, 2009. 2:33 p.m. COURT IN RECESS 58 minutes

Total in court time: Hearing concluded