Angley et al v. Petroglyph Operating Company, Inc. et al

Filing 47

Minute Entry for proceedings held before Judge Marcia S. Krieger: 46 Motion for Leave is GRANTED insofar as the witness may testify remotely. Counsel Stephen Thomas may not examine the witness or communicate with the witness at all during his testimony. 10 Motion to Remand to State Court is DENIED. Evidentiary Hearing held on 5/22/2009. (Court Reporter Paul Zuckerman) (mskcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: May 22, 2009 Civil Action No. 08-cv-02244-MSK-KLM P a r t i e s: JERRY ANGELY, BERNICE ANGELY, BEN BOUNDS, MELANIE BOUNDS, KENT SMITH, LAURA SMITH, THOMAS GONZALEZ, and CHRISTINE GONZALES, Plaintiffs, v. PETROGLYPH OPERATING COMPANY, INC., a Kansas Corporation, PETROGLYPH ENERGY, INC., an Idaho Corporation, HI EXPLORATION COMPANY, an Idaho Corporation, III EXPLORATION II LP, an Idaho Limited Partnership, INTERMOUNTAIN INDUSTRIES, INC., an Idaho Corporation, and THOMAS MELLAND, an individual, Defendants. COURTROOM MINUTES HEARING: 1:34 p.m. Evidentiary - Motion to Remand (Doc. #10) Court in session. Jeff Dykes Stephen Thomas (by telephone) Kenneth Wonstolen Counsel Appearing: George Newnam Gary Cowan The Court addresses defendants' Motion for Leave to Present Remote Testimony (Doc. #46). Argument by counsel Dykes and Cowan. Plaintiffs object to the motion. Courtroom Minutes Judge Marcia S. Krieger Page 2 1:44 p.m. 1:52 p.m. ORDER: Court in recess Court in session Motion for Leave to Present Remote Testimony (Doc. #46) is GRANTED insofar as the witness may testify remotely. Counsel Stephen Thomas may not examine the witness or communicate with the witness at all during his testimony. Witness sworn for the defendant : Paul Powell : 1:55 p.m. Direct Examination by Mr. Dykes. EXHIBITS: Received: 4 Cross examination of witness by Mr. Newnam. Redirect examination of witness by Mr. Dykes. Defendant rests. Witness sworn for the plaintiff : Richard Goodwin : 2:28 p.m. Direct Examination by Mr. Newnam. Cross examination of witness by Mr. Dykes. No redirect testimony. Plaintiff rests. No rebuttal testimony. Closing argument for the defendants by Mr. Dykes. Closing argument for the plaintiffs by Mr. Newnam. Rebuttal argument by Mr. Dykes. 3:01 p.m. 3:12 p.m. Court in recess Court in session Oral findings are made of record and incorporated herein. ORDER: 3:30 p.m. Plaintiff's Motion to Remand (Doc. #10) is DENIED. Court in recess. Courtroom Minutes Judge Marcia S. Krieger Page 2 Total Time: 1 hour 37 minutes. Hearing concluded.

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