Alcohol Monitoring Systems, Inc. v. CB Home Detention Equipment and Services, Inc. et al

Filing 46

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 7/7/2009. Denying as Moot 19 Motion for Preliminary Injunction and Granting 33 Motion to Dismiss. Judgment shall enter in favor of the defendants and against the plaintiff. Defendants may have their costs. (Court Reporter Janet Coppock) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: July 7, 2009 Time: 43 minutes

CASE NO. 09-cv-00605-PAB-BNB Parties ALCOHOL MONITORING SYSTEMS, INC., Plaintiff (s), vs. CB HOME DETENTION EQUIPMENT & SERVICES, INC., CHRISTINA MILLER, and WALTER FREDERICK, Defendant (s). Kyle Fleming Todd Tucker Counsel Michael Martin

MOTION HEARING 1:36 p.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant's Motion to Dismiss (Doc #33), filed 6/3/09.

Page Two 09-cv-00605-PAB-BNB July 7, 2009 1:37 p.m. Argument by Mr. Fleming on the issue of the subject matter jurisdiction claim, pursuant to Federal Rule of Civil Procedure 12(b)(1). Questions by the Court. Argument by Mr. Martin on the issues of subject matter jurisdiction claim, pursuant to Federal Rule of Civil Procedure 12(b)(1) and personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2). Questions by the Court. Rebuttal argument by Mr. Fleming. Rebuttal argument by Mr. Martin.

1:42 p.m.

1:49 p.m. 1:54 p.m.

Court will take a brief recess to allow the Court and Mr. Martin to review case law provided by Mr. Fleming. 1:58 p.m. 2:13 p.m. 2:14 p.m. COURT IN RECESS COURT IN SESSION Further argument by Mr. Martin.

Court states its findings and conclusions. ORDERED: Defendant's Motion to Dismiss (Doc #33), filed 6/3/09 is GRANTED, based upon Federal Rule of Civil Procedure 12(b)(2). ORDERED: Plaintiff's Motion for Preliminary Injunction (Doc #19), filed 4/20/09 is DENIED as MOOT. ORDERED: Judgment shall enter in favor of the defendants and against the plaintiff. Defendants may have their costs. 2:34 p.m. COURT IN RECESS 43 minutes

Total in court time: Hearing concluded