EPC Corporation et al v. Kreutzer et al

Filing 81

Minute Entry for proceedings held before Magistrate Judge Michael J. Watanabe: Ordered that parties oral stipulation as to facts is approved and made an Order of Court. The parties stipate that Mr. Kreutzer signed Plaintiff's exhibit 6 in his ca pacity as manager for defendant Hermosa Park, LLC. Order Motion for Default Judgment taken under advisement 46 . Motion Hearing held on 1/30/2009. (Court Reporter Ellen Miller.) (Attachments: # 1 Exhibit 3, # 2 Exhibit 6, # 3 Exhibit 7) (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Michael J. Watanabe
Civil Action No. 08-cv-01463-RPM-MJW FTR - Courtroom A-502 Courtroom Deputy, Ellen E. Miller Robert J. Berens

Date: January 30, 2009 EPC CORPORATION, an Arizona corporation, and DENNIS C. SHAW, an individual, Plaintiff(s), v. JAMES G. KREUTZER, HERMOSA PARK, LLC, MICHAEL MCQUINN, et al Defendant(s).

Pro Se ---Michael B. Levy James E. Brown

COURTROOM MINUTES / MINUTE ORDER HEARING: MOTIONS HEARING Court in Session: 10:00 a.m. Court calls case. Appearances of counsel and Pro Se Defendant Kreutzer. The Court raises Plaintiffs' Motion for Judgment by Default Against Defendant Hermosa Park, LLC for argument. Opening statements by Robert Berens for Plaintiffs, Michael B. Levy for the "24 defendants", and James G. Kreutzer Pro Se defendant. Plaintiff DENNIS C. SHAW is sworn and testifies, examination by Mr. Berens. Plaintiff moves to admit Exhibit 1, defendant objects. Exhibit 1 is not admitted. Plaintiff moves to admit Exhibit 2, defendant objects. Exhibit 2 is not admitted. Plaintiff moves to admit Exhibit 3, with no objections, Exhibit 3 is admitted. Plaintiff refers to Exhibit 4 but does not move to admit. Plaintiff moves to admit Exhibit 5, defendant objects. Exhibit 5 is not admitted. Plaintiff moves to admit Exhibit 6, with no objections, Exhibit 6 is admitted. Plaintiff moves to admit Exhibit 7, with no objections, Exhibit 7 is admitted.

10:36 a.m. Cross-examination by Mr. Levy. No examination by Mr. Kreutzer.

08-cv-01463-RPM-MJW Motions Hearing January 30, 2009

11:00 a.m. Court takes a brief recess. 11:08 a.m. Court is back on the record. Mr. Shaw is on the witness stand. 11:08 a.m. Re-direct examination by Mr. Berens. 11:24 a.m. Re-cross by Mr. Levy Questions by the Court. 11:37 a.m. Additional re-direct examination by Mr. Berens. 11:40 a.m. 11:43 a.m. James E. Brown is excused to appear in another court. Additional re-cross by Mr. Levy.

Questions by the Court. 11:52 a.m. Additional examination by Mr. Berens 11:52 a.m. Plaintiff Dennis C. Shaw is excused. The parties oral stipulation as to facts is approved and made an Order of Court. The parties stipulate that Mr. Kreutzer signed Plaintiff's exhibit 6 in his capacity as manager for Defendant Hermosa Park, LLC.

It is ORDERED:

11:54 a.m. 11:54 a.m. 11:55 a.m.

Plaintiff rests. All defendants rest. Closing argument by Mr. Berens and Mr. Levy. No closing arguments by Mr. Kreutzer. Plaintiffs' MOTION FOR JUDGMENT BY DEFAULT AGAINST DEFENDANT HERMOSA PARTK, LLC [Docket No. 46, Filed December 09, 2008] is TAKEN UNDER ADVISEMENT. The court will issue its written Order.

It is ORDERED:

HEARING CONCLUDES. Court in recess: ATTACHMENTS: 12:09 p.m. Plaintiff Exhibit 3. Plaintiff Exhibit 6. Plaintiff Exhibit 7. Total In-Court Time: 02:08

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