Ivar et al v. Elk River Partners, LLC et al

Filing 59

COURTROOM MINUTES - Minute Entry for proceedings held before Judge Christine M. Arguello: Motion Hearing held on 12/2/2009. Taking under advisement #14 Motion to Dismiss. Simultaneous briefing as to what link or causation there has to be between the predicate acts and the misrepresentations that were relied upon due December 3, 2009, 5:00 p.m. (Court Reporter Darlene Martinez) (cmacd )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHRISTINE M. ARGUELLO Courtroom Deputy: Valeri P. Barnes Court Reporter: Darlene Martinez Date: December 2, 2009

Civil Action No. 09-cv-00453-CMA-CBS Parties: ALAN C. IVAR, an individual, DEBORAH L. IVAR, an individual, and CLIFFORD A. BERNSTEIN, an individual, Plaintiffs, v. ELK RIVER PARTNERS, LLC, a Georgia limited liability company, DMB REALTY LLC, a Delaware limited liability company, d/b/a Marabou Realty, JEFFREY TEMPLE, an individual, JOHN HILLENBRAND, an individual, and MARSHALL & ILSLEY BANK, a Wisconsin corporation, Defendants. ______________________________________________________________________ COURTROOM MINUTES ______________________________________________________________________ HEARING: Motions 2:33 p.m. Court in session. Timothy Rastello William Pope Langdale, III Jeffrey Lippa Laura Sixkiller Mark Wiletsky Jon Vonder Haar Counsel: Jay Freedman

Argument on Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint (14). Plaintiffs concedes that the Court is bound by the precedent of the Tenth Circuit in Woodward v. Terracor that residential lot purchases are not the equivalent of

investment contracts. ORDER: Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint (14) is taken under advisement.

DEADLINES/HEARINGS: Simultaneous briefing as to what link or causation there has to be between the predicate acts and the misrepresentations that were relied upon due December 3, 2009, 5:00 p.m. 3:52 p.m. Court in recess/hearing concluded.

Total in-court time: 1:19

2