Board of County Commissioners of the County of La Plata, Colorado, The v. Brown Group Retail, Inc. et al

Filing 243

Minute Entry - Courtroom Minutes for Hearing on Motions for Summary Judgment held before Judge Lewis T. Babcock on 8/20/2010. ORDERED: 179 Brown Group Retail, Inc.'s Motion for Summary Judgment on Plaintiff's Claim for Civil Penalties Un der RCRA taken under advisement; 180 Brown Group Retail, Inc.'s Motion for Summary Judgment on Plaintiff's Claims for Recovery of Attorneys' Fees taken under advisement; 182 Brown Group Retail, Inc.'s Motion for Summary Judgme nt on Plaintiff's Fifth Claim for Relief denied; 183 Brown Group Retail, Inc.'s Motion for Summary Judgment (No Joint and Several Liability Under CERCLA) denied; 184 Brown Group Retail, Inc.'s Motion for Summary Judgment on La Plat a County's Liability and Its Third-Party Defense Under CERCLA denied; 187 La Plata's Motion for Summary Judgment on RCRA and CERCLA Liability denied. By 9/8/2010, counsel shall submit updated exhibit lists, updated witness lists and proposed findings of fact and conclusions of law. As set forth on the record, by 9/8/2010, counsel may file brief trial memoranda regarding any Rule 702 issues, identifying the specific factors in question. (Court Reporter Gwen Daniel) (lbush)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: LaDonne Bush Date: August 20, 2010 Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Case No. 08-cv-00855-LTB-KMT BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LA PLATA, COLORADO, Plaintiff, v. BROWN GROUP RETAIL, INC., PLUMMER PRECISION OPTICS CO., BLUE JAUNTE COMPANY, INC., and PLUMMER PRECISION OPTICS WESTERN DIVISION, INC., Gail Wurtzler Jeffrey Pilkington Counsel: Asimakis Iatridis Josh Marks Ann Rhodes

Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Hearing on Motions for Summary Judgment 2:03 p.m. Court in session.

Court's comments. ORDERED: Brown Group Retail, Inc.'s Motion for Summary Judgment on Plaintiff's Claims for Recovery of Attorneys' Fees (Doc. 180) is taken under advisement. ORDERED: Brown Group Retail, Inc.'s Motion for Summary Judgment on Plaintiff's Claim for Civil Penalties Under RCRA (Doc. 179) is taken under advisement.

ORDERED: Brown Group Retail, Inc.'s Motion for Summary Judgment on La Plata County's Liability and its Third-party Defense Under CERCLA (Doc. 184) is denied. ORDERED: Brown Group Retail, Inc.'s Motion for Summary Judgment (No Joint and Several Liability Under CERCLA) (Doc. 183) is denied. 2:14 p.m. 2:38 p.m. Argument by Mr. Iatridis. Argument by Ms. Wurtzler.

ORDERED: Brown Group Retail, Inc.'s Motion for Summary Judgment on Plaintiff's Fifth Claim for Relief (Doc. 182) is denied. ORDERED: La Plata's Motion for Summary Judgment on RCRA and CERCLA Liability (Doc. 187) is denied. Court instructs counsel to prepare a joint set of exhibits and stipulate to as many exhibits as possible. ORDERED: By Wednesday, September 8, 2010, counsel shall submit updated exhibit lists, updated witness lists and proposed findings of fact and conclusions of law. ORDERED: As set forth on the record, by September 8, 2010, counsel may file brief trial memoranda regarding any Rule 702 issues, identifying the specific factors in question. Court instructs counsel to meet and discuss any Rule 702 issues. 3:10 p.m. Court in recess.

Hearing concluded. Time: 01:07

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