Bell Colorado, Limited v. Related WestPac, LLC et al

Filing 152

Minute Entry for proceedings held before Judge Marcia S. Krieger: Rule 16 held on 7/1/2010. Dismissal Paper due by 7/15/2010. Defendant Snowmass's 134 Motion for Summary Judgment is DENIED. Motions to Dismiss ( 89 , 120 ) are DENIED withou t prejudice and with leave to renew. The effect of this Order will be stayed until 07/15/2010. The case will be closed with regard to the third-party plaintiff's claims against the third-party defendants, but the effect of the Order is stayed until 07/15/2010. (Court Reporter Paul Zuckerman) (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: July 1, 2010

Civil Action No. 09-cv-00301-MSK P a r t i e s: BELL COLORADO, LIMITED, a corporaton organized under the laws of the Isle of Man, Plaintiff, v. RELATED WESTPAC, LLC, a Delaware limited liability company; BRUSH CREEK ESTATES, LLC, a Colorado limited liability company; BRUSH CREEK CAPITAL HOLDINGS, a Colorado limited liability company; BRUCH CREEK CAPITAL HOLDINGS, a Delaware limited liability company; BRUSH CREEK MEZZANINE, LLC, a Delaware limited liability company; YORKSHIRE 216 HOLDINGS, L.P., an Arizona limited partnership; BASE VILLAGE SNOWMASS CENTER ASSOCIATES, LLC, a Colorado limited liability company; PATRICK N. SMITH, a resident of the States of Colorado in his individual and representative capacities; TOWN OF SNOWMASS VILLAGE, a Colorado municipality; and PS CALIFORNIA INVESTMENTS, LLC, a California limited liability company, Defendants. PATRICK SMITH, Peter Forbes David Goldberg Peter Forbes Counsel Appearing: Peter Thomas, Jr. (by phone) David Zisser

Melanie Thomas

Third Party Plaintiff, v. GARY GREENBERG, JEFFREY SCOTT KLEIN, GARY PINKSTON, Third Party Defendants. COURTROOM MINUTES HEARING: 9:19 a.m. Rule 16 Court in session. Thomas Kimmell

Thomas Kimmell is present as counsel for Third Party Defendant GaryGreenberg and Pinkston. The Court addresses status of case. Statements by counsel Thomas, Forbes. Based on representations by the parties, the claims between the plaintiff and defendants have been settled and the parties anticipate filing motions to dismiss pursuant to Rule 41. ORDER: The Motions to Dismiss the claims between plaintiff and defendants will be filed by July 15, 2010. If no motions are filed, the Court will deem those claims settled and will take no further action. Defendant Snowmass's Motion for Summary Judgment (Doc. #134) is DENIED. Motions to Dismiss (Doc. #89, #120) are DENIED without prejudice with leave to renew. The effect of this Order will be stayed until July 15, 2010. The case will be closed with regard to the third-party plaintiff's claims against the third -party defendants, but the effect of the Order is stayed until July 15, 2010. If any action is taken with regard to the third-party claims within the 14-day period there will need to be a showing of subject matter jurisdiction

ORDER: ORDER: ORDER:

Courtroom Minutes Judge Marcia S. Krieger Page 2 9:47 a.m. Court in recess.

Total Time: 28 minutes. Hearing concluded.