Tony's Taps, LLC v. PS Enterprises, Inc.

Filing 105

Minute Entry for proceedings held before Judge Marcia S. Krieger: Motion Hearing held on 7/21/2009. 43 Motion to Dismiss is WITHDRAWN; 103 Motion to Supplement is GRANTED; 58 Motion for Partial Summary Judgment is DENIED; 77 Motion for Partia l Summary Judgment is GRANTED and this claim is DISMISSED; 78 Motion for Partial Summary Judgment is DENIED without prejudice; 91 Motion to Dismiss is DENIED; 96 The Court WITHDRAWS its referral to Magistrate Judge Mix of the Motion to Withdraw as Attorney. Defendant will renew or supplement this motion by July 27, 2009. (Court Reporter Paul Zuckerman.) (mskcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: July 21, 2009

Civil Action No. 08-cv-01119-MSK-KLM P a r t i e s: TONY'S TAPS, LLC, d/b/a Pagosa Brewing Company, Inc., Plaintiff /Counterclaim Defendant, v. PS ENTERPRISES, INC., d/b/a Pagosa Pub Works Brewpub, Defendant/Counterclaimant/ Crossclaim Plaintiff, v. RICHARD ANTHONY SIMMONS, a/k/a Tony Simmons, Crossclaim Defendant. COURTROOM MINUTES HEARING: 4:08 p.m. Motions Court in session. Jesus Vazquez, Jr. Counsel Appearing: Reid Browne Kelly

This hearing was originally set as a final pretrial conference but has been converted to a motions hearing. The Court addresses Motion to Dismiss Defendant's counterclaim (Doc. #43).

Judge Marcia S. Krieger Courtroom Minutes Page 2 Statement by Mr. Kelly. ORDER: Motion to Dismiss Defendant's Counterclaim (Doc. #43) is WITHDRAWN.

The Court addresses plaintiff's Motion for Partial Summary Judgment (Doc. #58) and Defendant PS Enterprises' Motion to Supplement its Summary Judgment Response (Doc. #103) Argument by counsel. ORDER: ORDER: Defendant PS Enterprises' Motion to Supplement it Summary Judgment Response (Doc. #103) is GRANTED. Plaintiff's Motion for Partial Summary Judgment (Doc. #58) is DENIED.

The Court addresses Defendants' Motion for Partial Summary Judgment on Plaintiffs' Colorado Consumer Protection Act Claim ( Doc. # 77) No further argument. ORDER: Defendants' Motion for Partial Summary Judgment on Plaintiffs' Colorado Consumer Protection Act Claim (Doc. #77) is GRANTED. This claim is DISMISSED.

The Court addresses Defendant PS Enterprises' Motion for Partial Summary Judgment on Plaintiff's Claim for Attorney's Fees (Doc. #78), No further argument. ORDER: The Defendant PS Enterprises' Motion for Partial Summary Judgment on Plaintiff's Claim for Attorney's Fees (Doc. #78) is DENIED without prejudice. Defendant may re-raise this issue if an when plaintiff receives a verdict in its favor on the Lanham Act Claim and requests an award of attorneys fees under that claim.

The Court addresses Tony's Taps' and Mr. Simmons' Motion to Dismiss Amended Counterclaim/Crossclaim (Doc. #91) Argument by counsel Kelly.

Courtroom Minutes Judge Marcia S. Krieger Page 3 ORDER: Plaintiff Tony's Taps and Simmons' Motion to Dismiss Amended Counterclaim/Crossclaim (Doc. #91) is DENIED.

The Court addresses defendant PS Enterprises' Counsel's Motion to Withdraw (Doc. #96). Statement from Mr. Vazquez. ORDER: The Court withdraws it's referral to Magistrate Judge Mix of defendant PS Enterprises' Counsel's Motion to Withdraw (Doc. #96). Defendant will renew or supplement the motion by July 27, 2009.

The Court addresses what deadlines need to be complied with pursuant to the scheduling order. Statements from counsel. ORDER: 5:32 p.m. Final pretrial conference is set October 14, 2009, at 2:00 p.m., in Courtroom A901, 901 19th Street, Denver, CO. Attendance of the parties is required. Court in recess.

Total Time: 1 hour 24 minutes. Hearing concluded.