EPC Corporation et al v. Kreutzer et al

Filing 84

ORDER Revoking Order of Reference and for Status Conference. Order that the Order of Reference to Magistrate Judge Watanabe is vacated and Status Conference set for 3/17/2009 02:00 PM in Courtroom A before Judge Richard P. Matsch by Judge Richard P. Matsch on 02/26/09. (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-01463-RPM-MJW EPC Corporation, an Arizona corporation; DENNIS C. SHAW; Plaintiffs, v. JAMES G. KREUTZER, HERMOSA PARK, LLC, a Colorado limited liability company; CHARLES SHAFER, II; MICHAEL MCQUINN; 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, Defendants. ____________________________________________________________________________ ORDER REVOKING ORDER OF REFERENCE AND FOR STATUS CONFERENCE ____________________________________________________________________________ On February 6, 2009, Magistrate Judge Michael J. Watanabe filed a recommendation regarding plaintiffs' motion for judgment by default against defendant Hermosa Park, LLC. That

recommendation included findings of fact and conclusions of law based on an evidentiary hearing held on January 30, 2009. Upon review of the pleadings on file, it appears that for the Court to adopt the findings and conclusions recommended by Magistrate Judge Watanabe there is prejudice to the other defendants in that the plaintiffs' allegations of fraud are the basis for the contention that the plaintiffs have no liability as guarantors of promissory notes to the defendants. Accordingly, no judgment will enter at this time and to become familiar with this matter and review case management in this case, it is now ORDERED that the order of reference to Magistrate Judge Watanabe is vacated and it is FURTHER ORDERED that a status conference in this matter will be held on March 17, 2009, at 2:00 p.m. in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado. Dated: February 26th, 2009 BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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