Security Service Federal Credit Union v. First American Mortgage Funding, LLC et al
Filing
681
Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 6/24/2011 withdrawing 438 Motion to Dismiss; Telephonic Status Conference set for 7/6/2011 at 04:30 PM before Magistrate Judge Craig B. Shaffer; all further proceedings STAYED by Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No.: 08-cv-00955-WYD-CBS
Date: June 24, 2011
FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Linda Kahoe
SECURITY SERVICE FEDERAL CREDIT UNION,
Henry A. Cirillo
Plaintiff,
vs.
FIRST AMERICAN MORTGAGE FUNDING, LLC,
et al.,
William D. DePuy
LAWYERS TITLE COMPANY,
NORTH AMERICAN TITLE COMPANY OF
COLORADO,
FIRST AMERICAN TITLE INSURANCE COMPANY,
Defendants.
FIRST AMERICAN MORTGAGE FUNDING, LLC,
Third-Party Plaintiff,
vs.
STEWART TITLE OF CALIFORNIA, INC.,
Alan D. Sweetbaum
ORANGE COAST TITLE COMPANY,
Markus D. Self
LAWYER’S TITLE COMPANY,
Ivan M. Call
David H. Goldberg
LINDA ANDERSON, et al.,
SHARON CARLEO,
GERALD CARLEO,
Third-Party Defendants.
FIRST AMERICAN MORTGAGE FUNDING, LLC,
FIRST AMERICAN MORTGAGE, INC.,
CONSTRUCTION DISBURSEMENT SERVICES, INC.,
Pro se (via phone)
WILLIAM DEPUY,
JEFFREY JORDAN,
SHAUN JORDAN,
MARK CAMPBELL,
KEVIN B. JORDAN,
Pro se
Pro se
Cross-Claim Plaintiffs,
v.
KENNETH E. NORTH,
PARADISE RANCH VIEW MIRAGE, LLC,
GILGER HOMES, LLC,
KIRK GILGER,
NEW CENTURY BUILDERS, INC.,
SUNDANCE MORTGAGE, LLC,
THE ARTISAN GROUP, LLC,
DBA ARTISAN DEVELOPMENT GROUP,
AND/OR EHLINE CO.,
Cross-Claim Defentants.
FIRST AMERICAN MORTGAGE FUNDING, LLC,
CONSTRUCTION DISBURSEMENT SERVICES, INC.,
KEVIN B. JORDAN,
Counterclaim Plaintiffs,
v.
SECURITY SERVICE FEDERAL CREDIT UNION,
Counterclaim Defendant.
COURTROOM MINUTES/MINUTE ORDER
HEARING: TELEPHONIC STATUS CONFERENCE
Court in session:
11:23 a.m.
Court calls case. Appearances of counsel.
Discussion regarding pending motions.
Discussion regarding the status reports.
Discussion regarding the Fourth Amended Complaint.
Mr. Self orally moves to withdraw the Motion to Dismiss in Response to Third Amended
Complaint by Plaintiff Security Service Federal Credit Union, doc #[438], filed 10/1/2010.
Mr. Cirillo states objections.
ORDERED: Mr. Self’s oral motion to withdraw doc #[438] is GRANTED. The Motion to
Dismiss in Response to Third Amended Complaint by Plaintiff Security Service
Federal Credit Union, doc #[438] is WITHDRAWN.
The court suggests that:
•
•
•
•
Defendants not file any Motions to Dismiss except a choice of law motion
the parties confer between now and July 4th
Mr. Cirillo look at the Fourth Amended Complaint and narrow it down
Defendants don’t oppose the motion to file amended complaint
The court will then suggest to Judge Daniel that the pending motions to dismiss and the choice
of law motion be denied without prejudice.
The court suggests that the Defendants then file one joint motion to dismiss limited to the choice
of law issue; finish the remaining discovery within a specified amount of time; then Defendants
file a motion for summary judgment.
The court is inclined to grant a motion for leave to file an amended complaint without prejudice
to the Defendants’ right to assert any substantive claim that is appropriate.
ORDERED: A Telephonic Status Conference is set for Wednesday, JULY 6, 2011 at 4:30
p.m. (Counsel and pro se parties shall coordinate a conference call among
themselves prior to contacting the court at 303.844.2117 at the scheduled time.)
The parties shall be prepared to update the court on their meet and confer
discussions.
ORDERED: All further proceedings are STAYED pending the outcome of the Status
Conference on July 6, 2011.
HEARING CONCLUDED.
Court in recess:
Total time in court:
12:46 p.m.
01:23
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at
(303) 825-6119 or toll free at 1-800-962-3345.
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