American Family Mutual Insurance Company, Inc. v. Denver Haslam et al

Filing 352

Courtroom Minutes for proceedings held before Judge David M. Ebel: Motions Hearing held on 8/3/2011. Denver Haslam and Commercial Capital, Inc. shall submit Notices of Remaining Issues by the end of the day on 8/3/11. Ms. Chaney and Mr. Carrigan ma y file case law on the subject of a standard of review for Magistrate Judge Hegarty's ruling by close of business on 8/5/11, not to exceed 3 pages in length. The parties may submit response briefs to the standard of review, not to exceed 2 pages in length, by 12:00 p.m. on 8/5/11. Taking under advisement 320 Appeal of Magistrate Judge Decision to District Court. Taking under advisement 323 Motion to Consolidate Cases for Trial. (Court Reporter: Tracy Weir) (eseam)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE DAVID M. EBEL Courtroom Deputy: Emily Seamon Court Reporter: Tracy Weir Date: August 3, 2011 Civil Action No. 09-cv-00724-DME-MEH Parties: Counsel: AMERICAN FAMILY MUTUAL INSURANCE COMPANY, INC., a Wisconsin corporation, Lelia Kathleen Chaney Shauna L. Hilgers Plaintiff, v. DENVER HASLAM, COMMERCIAL CAPITAL, INC., MIKEL MEWBOURN, M&B DEVELOPMENT GROUP, INC., FALL RIVER VILLAGE COMMUNITIES, LLC, ONEWEST BANK, FSB, and DEUTSCHE BANK NATIONAL TRUST COMPANY, Michael A. Connolly John F. Young Michael J. Carrigan Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING: MOTIONS 11:03 a.m. Court in session. Also present: James Markus, Trustee of Commercial Capital, Inc. Discussion between the Court and counsel regarding submitting Notices of Remaining Issues. ORDER: Denver Haslam and Commercial Capital, Inc. shall submit Notices of Remaining Issues by the end of the day on Wednesday, August 3, 2011. 11:08 a.m. Argument by Ms. Chaney regarding Plaintiff’s Motion to Disqualify Holland & Hart as Counsel for Defendants/Crossclaimants/Crossclaim Defendants OneWest Bank, FSB and Deutsche Bank National Trust Company. 11:11 a.m. Argument by Mr. Carrigan regarding Plaintiff’s Motion to Disqualify Holland & Hart as Counsel. 11:17 a.m. Argument by Ms. Chaney regarding Plaintiff/Counter-Defendant American Family’s Objection to Magistrate Judge’s Order Denying Motion for Leave to File Designation of Nonparties, and Plaintiff/Counter-Defendant American Family’s Motion to Consolidate Cases for Trial Pursuant to Fed. R. Civ. P. 42(a). 11:28 a.m. Argument by Mr. Carrigan regarding Plaintiff/Counter-Defendant American Family’s Objection to Magistrate Judge’s Order Denying Motion for Leave to File Designation of Nonparties. 11:38 a.m. Argument by Ms. Chaney regarding the standard of review for Magistrate Judge Hegarty’s ruling. ORDER: Ms. Chaney and Mr. Carrigan may file case law on the subject of a standard of review for Magistrate Judge Hegarty’s ruling by close of business on Friday, August 5, 2011, not to exceed three pages in length. 11:39 a.m. Reply by Ms. Chaney regarding Plaintiff/Counter-Defendant American Family’s Objection to Magistrate Judge’s Order Denying Motion for Leave to File Designation of Nonparties. 11:44 a.m. Reply by Mr. Carrigan regarding the designation of the non-party. 11:45 a.m. Statement by Mr. Connolly regarding the designation of the non-party. 11:49 a.m. Argument by Mr. Carrigan regarding the Motion to Consolidate Cases for Trial. 11:51 a.m. Reply by Ms. Chaney regarding the Motion to Consolidate Cases for Trial. ORDER: The parties may submit response briefs to the standard of review, not to exceed two pages in length, by 12:00 p.m. on Friday, August 5, 2011. ORDER: Plaintiff/Counter-Defendant American Family’s Objection to Magistrate 2 Judge’s Order Denying Motion for Leave to File Designation of Nonparties [Docket No. 320, Filed June 16, 2011] is TAKEN UNDER ADVISEMENT. ORDER: Plaintiff/Counter-Defendant American Family’s Motion to Consolidate Cases for Trial Pursuant to Fed. R. Civ. P. 42(a) [Docket No. 323, Filed June 17, 2011] is TAKEN UNDER ADVISEMENT. 11:53 a.m. Court in recess. Total in-court time: 00:50 Hearing concluded. 3

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