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

Filing 194

Minute Entry for Law and Motion hearing held before Judge Marcia S. Krieger on 4/5/2011. 185 Plaintiff's Motion for Default Judgment is DENIED; 191 Defendant PSE's Motion to Vacate is GRANTED. Other matters addressed and deadlines imposed, including the award of attorneys' fees and the trial date, are as contained in the Minutes. (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: April 5, 2011

Civil Action No. 08-cv-01119-MSK-KLM Parties: TONY'S TAPS, LLC, d/b/a Pagosa Brewing Company, Inc., Plaintiff, v. PS ENTERPRISES, INC., d/b/a Pagosa Pub Works Brewpub, FRANK SCHIRO, ROBIN SCHIRO, Defendants. Lawrence Purvis Counsel Appearing: Reid Kelly Kenton Freudenberg

COURTROOM MINUTES

HEARING: 10:05 a.m.

Law and Motion. Court in session.

All counsel are present by telephone. The Court addresses defendant PSE's Motion to Vacate Sua Sponte Entry of Default and Dismissal of Counterclaim (Doc. #191). Argument. ORDER: Defendant PSE's Motion to Vacate Sua Sponte Entry of Default and Dismissal of Counterclaim (Doc. #191) is GRANTED.

Courtroom Minutes Judge Marcia S. Krieger Page 2 ORDER: The Court awards the plaintiff attorneys' fees on the preparation of the recent motions. Plaintiff's counsel will file, as soon as possible, an affidavit that states the attorneys' fees incurred for the preparation of the Motions for entry of default, for dismissal and for entry of default judgment. Defendants will file their response within 10 days. The Court will issue a written order for the amount awarded.

The Court addresses Plaintiff's Motion for Default Judgment (Doc. #185). ORDER: Plaintiff's Motion for Default Judgment (Doc. #185) is DENIED.

The Court addresses the current trial date of May 2, 2011. ORDER: 10:53 a.m. The parties will advise the Court of settlement no later than April 25, 2011. Court in recess.

Total Time: 48 minutes. Hearing concluded.