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

Filing 404

MINUTE ENTRY - Courtroom Minutes for Motions Hearing held before Judge David M. Ebel on 1/5/2012. ORDER denying 350 Motion to Disqualify Holland & Hart as Counsel for Defendants/Crossclaimants/Crossclaim Defendants OneWest Bank, FSB and Deutsche Bank National Trust Company; deferring ruling on 375 Motion for Sanctions Pursuant to Rule 11 and 28 U.S.C. Section 1927. Within three business days after the pretrial conference with Magistrate Judge Hegarty, counsel shall contact Judge Ebel's chambers to schedule a five day trial and a final trial preparation conference. (Court Reporter: Darlene Martinez) (lbush)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE DAVID M. EBEL Courtroom Deputy: LaDonne Bush Court Reporter: Darlene Martinez Date: January 5, 2012 Civil Action No. 09-cv-00724-DME-MEH Parties: Counsel: AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Shauna Hilgers Plaintiff, v. DENVER HASLAM, COMMERCIAL CAPITAL, INC., ONEWEST BANK, FSB, DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendants; DENVER HASLAM, COMMERCIAL CAPITAL, INC., Counter-Claimants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Counter-Defendant; COMMERCIAL CAPITAL, INC., ONEWEST BANK, FSB, DEUTSCHE BANK NATIONAL TRUST COMPANY, FALL RIVER VILLAGE COMMUNITIES, LLC, Cross-Claimants, v. John Young Steven Rider Michael Carrigan Jose Antonio Ramirez DENVER HASLAM, COMMERCIAL CAPITAL, INC., ONEWEST BANK, FSB, DEUTSCHE BANK NATIONAL TRUST COMPANY, Cross-Claim Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Motions Hearing 10:04 a.m. Court in session. Noel Lane, a principal of Fall River Village, is present. Court’s preliminary comments. 10:08 a.m. Argument by Ms. Hilgers in support of Motion to Disqualify Holland & Hart as Counsel for Defendants/Crossclaimants/Crossclaim Defendants OneWest Bank, FSB and Deutsche Bank National Trust Company (Doc. 350). 10:27 a.m. Argument in opposition by Mr. Carrigan. 10:41 a.m. Argument in opposition by Mr. Young. 10:44 a.m. Rebuttal argument by Ms. Hilgers. 10:51 a.m. Further argument in opposition by Mr. Carrigan. 10:52 a.m. Further rebuttal argument by Ms. Hilgers. ORDERED: Motion to Disqualify Holland & Hart as Counsel for Defendants/Crossclaimants/Crossclaim Defendants OneWest Bank, FSB and Deutsche Bank National Trust Company (Doc. 350) is denied and a written order will be issued. ORDERED: Ruling is deferred on Motion for Sanctions Pursuant to Rule 11 and 28 U.S.C. Section 1927 (Doc. 375). 2 Court’s comments regarding the pretrial conference set January 30, 2012, before Magistrate Judge Hegarty. ORDERED: Within three business days after the pretrial conference with Magistrate Judge Hegarty, counsel shall contact Judge Ebel’s chambers to schedule a five day trial and a final trial preparation conference. Court expects that the trial will be scheduled within 90 days after the pretrial conference with Magistrate Judge Hegarty on January 30, 2012. If the parties and the Court are unable to find a five day trial period within that 90 day time frame, on good cause shown, the Court might consider another 30 days to 120 days. If the parties cannot agree on a date, the Court will set a date. 10:57 a.m. Court in recess. Hearing concluded. Time: 00:53 3

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