Taylor, Bean & Whitaker Mortgage Corp. v. Clarion Mortgage Capital, Inc. et al

Filing 113

Minute Entry - Courtroom Minutes for Motion Hearing held on 4/13/2009 before Judge Richard P. Matsch. ORDERED: Defendant Bryce Moeder's Motion to Set Aside Entry of Default, filed February 27, 2009 86 , is granted and the Clerk's Entry of Default entered October 10, 2008 30 as to defendant Moeder only is set aside. Plaintiff's Motion for Leave to File First Amended Complaint, filed February 27, 2009 90 , is granted. Plaintiff has until April 27, 2009 (10 days) to file an Amen ded Complaint. Defendants will file their response to the Amended Complaint within 30 days of its filing. Plaintiff's Motion to Modify Scheduling Order and for Enlargement of Time for Phase One Depositions, filed March 25, 2009 101 , is granted and the phase one deposition deadline is extended to June 15, 2009. Deadline for defendant Moeder's Rule 26 disclosures is April 27, 2009 (14 days). (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: April 13, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 08-cv-01613-RPM TAYLOR BEAN & WHITAKER MORTGAGE CORP., A Florida corporation, Plaintiff, v. CLARION MORTGAGE CAPITAL, INC., a Colorado corporation, NATIONAL CITY MORTGAGE COMPANY, An Ohio corporation, UPSTREET DEVELOPMENT, LLC., a Colorado limited liability company, JON C. THOMPSON, individually, LEGACY CONSTRUCTION SERVICES, LLC., a Colorado limited liability company, CHRIS FOSTER, individually, JAMES BARNETT, individually, JEWELS DEVELOPMENT AND CONSTRUCTION SERVICES, LLC, a Colorado limited liability company, CURT KARLEN, individually and BRYCE MOEDER, individually, Eric R. Coakley Julie Walker Habib Nasrullah Richard I. Brown Adam Wiens In default No appearance No appearance In default Mark A. Pottinger Carol Thomson Lino S. Lipinsky de Orlov Hamid Khan

Defendants. ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Hearing on Pending Motions 11:00 a.m. Court in session.

Cecil Morris present for interested party Doug and Sandy Doudna. Court's preliminary remarks. 11:02 a.m. ORDERED: Argument Ms. Thomson [86]. Defendant Bryce Moeder's Motion to Set Aside Entry of Default, filed February 27, 2009 [86], is granted and the Clerk's Entry of Default entered October 10, 2008 [30] as to defendant Moeder only is set aside.

April 13, 2009 08-cv-01613-RPM 11:05 a.m. 11:09 a.m. 11:13 a.m. 11:14 a.m. 11:15 a.m. ORDERED: Argument by Mr. Lipinsky [90]. Argument by Mr. Brown. Argument by Mr. Coakley. Argument by Mr. Nasrullah. Rebuttal argument by Mr. Lipinsky. Plaintiff's Motion for Leave to File First Amended Complaint, filed February 27, 2009 [90], is granted. Plaintiff has until April 27, 2009 (10 days) to file an Amended Complaint. Defendants will file their response to the Amended Complaint within 30 days of its filing.

Mr. Lipinsky states that Mr. McCallister has withdrawn defendants Foster and Barnett's request to be deposed first. Further statements by Mr. Lipinsky regarding discovery. 11:20 a.m. Argument by Ms. Walker [104].

Ms. Walker and Mr. Morris states they anticipate resolving the motion to compel [10]. Further statements by Mr. Lipinsky. Statement by Mr. Pottinger. Statement by Mr. Brown. ORDERED: Plaintiff's Motion to Modify Scheduling Order and for Enlargement of Time for Phase One Depositions, filed March 25, 2009 [101], is granted and the phase one deposition deadline is extended to June 15, 2009. Deadline for defendant Moeder's Rule 26 disclosures is April 27, 2009 (14 days). Court in recess.

ORDERED: 11:26 a.m.

Hearing concluded. Total time: 26 min.

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