Hudson Specialty Insurance Company v. ADA-ES, Inc. et al

Filing 37

Minute Entry for proceedings held before Judge Marcia S. Krieger: FED.CIV.P. 16 held on 5/12/2009. The 36 Motion to Dismiss is denied with leave to renew. The time period to assert the motion is extended 20 days after the case is reopened, if it is reopened. The Court orders that the case be closed. (Court Reporter Paul Zuckerman.) (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Civil Action No. P a r t i e s: HUDSON SPECIALTY INSURANCE COMPANY, Plaintiff, v. ADA-ES, INC.; ADA ENVIRONMENTAL SOLUTIONS, LLC; CROWFOOT DEVELOPMENT, LLC; MORTON ENVIRONMENTAL PRODUCTS, LLC, f/k/a BOWMAN ENVIRONMENTAL PRODUCTS, LLC; NORIT AMERICAS, INC.; JOHN RECTENWALD; RED RIVER ENVIRONMENTAL PRODUCTS, LLC; STEPHEN D. YOUNG; UNDERWOOD ENVIRONMENTAL PRODUCTS, LLC, Defendants. MINUTES OF RULE 16 CONFERENCE 4:13 p.m. Court in session. Gregory Falls Elizabeth Hyatt Patricia Glover Paul Zuckerman 09-cv-00490-MSK-MJW Counsel Appearing: Nancy Pearl Marily Sterrenberg-Rose Date: May 12, 2009

The Court addresses what it believes the claim to be. Statement from Ms. Pearl who advises the parties have had ongoing discussions and have reached an agreement with regard to obligation to defend. The parties are not ready to proceed with this case

until they reach a determination in the Texas case. The Court addresses whether the parties have considered closing the case with leave to reopen if necessary in the event they need a determination made as to indemnification. The parties have no objection and agree that the case be closed subject to it being reopened after the litigation in Texas is resolved. The Court addresses the pending Motion to Dismiss (Doc. #36). ORDER: ORDER: The Motion to Dismiss is DENIED with leave to renew. The time period to assert the motion is extended 20 days after the case is reopened, if it is reopened. The Court orders that the case be closed.

4:28 p.m. Court in recess. Total Time: 15 minutes. Hearing concluded.