Eller v. Experian Information Solutions, Inc. et al

Filing 114

Minute Entry for Final Pretrial Conference held before Judge Marcia S. Krieger on 4/9/2010. 42 Motion to Dismiss is GRANTED in part and DENIED in part; 70 Motion to Amend/Correct/Modify is DENIED; 92 the Court overrules plaintiff's objecti ons to Magistrate Judge's Recommendation and ADOPTS Report and the Recommendations of the Magistrate Judge. 111 Motion for Order is DENIED. Dispositive Motions will be filed by 4/16/2010. Other deadlines are as contained in the Minutes. (Court Reporter Paul Zuckerman) (mskcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: April 8, 2010

Civil Action No. 09-cv-00040-MSK P a r t i e s: GERALD HANSEN ELLER, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., and TRANS UNION LLC, Defendant. COURTROOM MINUTES HEARING: 4:12 p.m. Final Pretrial Conference. Court in session. Edward Chang Benton Barton Martin Thornthwaite Paul Myers Counsel Appearing: Gerald Hansen Eller, pro se

Abril Turner, corporate counsel for defendant Experian and Pat Norris, representative of Trans Union are present by telephone. The Court advises counsel to reassess the amount of time necessary for trial in light of comments with regard to the witness and exhibit lists and proposed final pretrial order. PENDING MOTIONS. Oral findings are made of record and incorporated herein. The Court addresses defendant Experian's Motion to Dismiss Second Amended Complaint (Doc. #42).

Judge Marcia S. Krieger Courtroom Minutes Page 2 No further argument. ORDER: Defendant Experian's Motion to Dismiss Second Amended Complaint (Doc. #42) is GRANTED in part and DENIED in part.

The Court addresses plaintiff's Objections to Magistrate Judge's Recommendation (Doc. #92). ORDER: The Court overrules plaintiff's Objections (Doc. #92) and adopts the recommendation. Plaintiff's Motion to Amend (Doc. #70) is DENIED.

Further argument by plaintiff. The Court addresses plaintiff's Motion to Deny Summary Judgment (Doc. #111) ORDER: Plaintiff's Motion to Deny Summary Judgment (Doc. #111) is DENIED as premature.

The Court addresses the filing of a revised final pretrial order in light of the Court's rulings. 4:57 p.m. 5:04 p.m. Court in recess Court in session

Defendants request a 5 day extension to file dispositive motions. ORDER: Defendants' request for a 5 day extension to file dispositive motions is GRANTED. Dispositive motions will be filed by April 16, 2010. Joint motion(s) for 702 determination are also due on April 16, 2010. A joint proposed pretrial order and a request for further pretrial conference will be filed 20 days after the Court's ruling on the dispositive motions. Court in recess.

ORDER: 5:12 p.m.

Total Time: 53 minutes. Hearing concluded.