EPC Corporation et al v. Kreutzer et al

Filing 149

Minute Entry - Courtroom Minutes for Motions Hearing held on 1/14/2010 before Judge Richard P. Matsch. ORDERED: Herrmosa Park's Motion to Set Aside Entry of Default is denied. Motion to Strike Answer, Counterclaim and Third Party Complaint of H ermosa Park, LLC, filed October 2, 2009 123 , is granted. Motion to Disqualify Attorneys Christopher Hamilton, Esq. and DouglasBriggs, Esq. From Representing Hermosa Park, LLC, filed October 2, 2009 124 , is moot. (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: January 14, 2010 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 08-cv-01463-RPM (Consolidates with Civil Action No. 09-cv-00940-RPM) EPC Corporation, an Arizona corporation; DENNIS C. SHAW; Plaintiffs, v. JAMES G. KREUTZER, Pro Se present HERMOSA PARK, LLC, a Colorado limited liability company; Christopher S. Hamilton CHARLES SHAFER, II; Douglas E. Briggs MICHAEL MCQUINN; Michael B. Levy MICHAEL MCQUINN AS TRUSTEE FOR THE MICHAEL MCQUINN PROFIT SHARING PLAN; BARRY MASON; BRANDON ROFF; BRET MASON; DANIEL WANSTRATH; DIANE ORRELL-LOPEZ; DYLAN NORTON; JACKIE ONEY and TONY ONEY, husband and wife; JANET L. PETTIGREW AS TRUSTEE OF THE JANET L. PETTIGREW REVOCABLE TRUST DATED FEBRUARY 27, 2006; LESLIE R. FARRELL; LOIS CARPENTER; MATTHEW SPOWART; MCKOWN AND MCKOWN, LLC, a Colorado limited liability company; MREI, LLC, an Alaskan limited liability company; R. KEN CARPENTER; ROBERT WALLACE; RONALD W. PETTIGREW AS TRUSTEE OF THE RONALD W. PETTIGREW REVOCABLE TRUST DATED FEBRUARY 27, 2006; ROYAL LILLGE; SULTANA INVESTMENT LIMITED PARTNERSHIP, an Alaska limited partnership; THOMAS L. GRAMS; THOMAS A. ST. OURS; and WILLIAM PEASE FAMILY LIMITED PARTNERSHIP, an Alaska limited partnership, PTARMIGAN RIDGE, LLC, a Colorado limited liability company, CHARLES SHAFER, II, CHARLES SHAFFER, II AS TRUSTEE FOR THE CHARLES SHAFFER II PROFIT SHARING PLAN AND TRUST, NATALIA SAPRYKINA, DAN WANSTRATH, THOMAS GRAMS, and CARL RAND, Robert Berens

Defendants. ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Hearing on Pending Motions 2:00 p.m. Court in session.

Bentley Hamilton present. Court's preliminary remarks. Discussion between Court, Mr. Levy and Mr. Berens regarding an anticipated settlement. Mr. Levy and Mr. Briggs state a settlement will result in dismissal of all defendants represented by Mr. Levy. Michael Levy excused. Mr. Berens answers questions asked by the Court regarding claims against defendant Kreutzer and Hermosa Park with respect to the anticipated settlement. 2:12 p.m. Mr. Hamilton answers questions asked by the Court regarding the status of state court litigation and the suggestion of a removal / motion to intervene.

Statements by Mr. Berens. Court states it will take a recess for counsel to confer. 2:23 p.m. 3:00 p.m. Court in recess. Court in session.

Statements by Mr. Berens. Court states it will not enter default judgment recommended by Magistrate Judge Watanabe at this time. ORDERED: ORDERED: ORDERED: Herrmosa Park's Motion to Set Aside Entry of Default is denied. Motion to Strike Answer, Counterclaim and Third Party Complaint of Hermosa Park, LLC, filed October 2, 2009 [123], is granted. Motion to Disqualify Attorneys Christopher Hamilton, Esq. and Douglas Briggs, Esq. From Representing Hermosa Park, LLC, filed October 2, 2009 [124], is moot. Court in recess.

3:02 p.m.

Hearing concluded. Total time: 25 min.

2