Qdoba Restaurant Corporation v. Taylors, LLC

Filing 114

Minute Entry for proceedings held before Judge Marcia S. Krieger: Final Pretrial Conference held on 7/16/2009. 44 Motion to Dismiss is DENIED as moot. The Proposed Final Pretrial Order 113 is APPROVED. Bench Trial set for 2/2/2010 08:30 AM in Courtroom A 901 before Judge Marcia S. Krieger. (Court Reporter Paul Zuckerman) (mskcd) Modified on 7/20/2009 to correct filed date and text date of conference (wjc, ).

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 16, 2009

Civil Action No. 08-cv-01179-MSK-KMT P a r t i e s: QDOBA RESTAURANT CORPORATION, Plaintiff, v. TAYLORS, LLC., Defendant. COURTROOM MINUTES HEARING: 4:13 p.m. Final Pretrial Conference. Court in session. Robert Einhorn Counsel Appearing: Bradley Block Michael Lindsay

Party representatives are present. Counsel is present as listed above. The Court addresses pending motions. The Court addresses Plaintiff's Motion to Dismiss Defendant's Counterclaims (Doc. #44). ORDER: Plaintiff's Motion to dismiss Defendant's Counterclaims (Doc. #44) is DENIED as moot.

The Court will not rule on plaintiff's motion for summary judgment (Doc. #83) and advises counsel it will most likely not rule on it prior to trial. The Court intends to treat the briefs as trial briefs for purposes of any argument made under Rule 52 at the time of trial.

Courtroom Minutes Judge Marcia S. Krieger Page Two The Court addresses the proposed final pretrial order, expert witnesses and their reports. ORDER: The Court approves the proposed final pretrial order (Doc. #113) with the modifications that have been noted in the pending motions section. This final pretrial order will now govern the case. Pertinent to trial process: The time allotted for trial will be split between the parties to be used however the parties wish (opening statement, closing arguments, evidence, etc.) The time will be tracked by the Courtroom Deputy on the chess clock.

ORDER:

The Court addresses the time needed for trial. ORDER: Bench trial (8 days) is set to commence on February 2, 2010 at 8:30 a.m. and will continue for the remainder of the week, and commence the following week on February 9, 2010., in Courtroom A901, 901 19th Street, Denver, CO.

The Court addresses questions from counsel about the trial process. 4:53 p.m. Court in recess.

Total Time: 40 minutes. Hearing concluded.