Maez v. Springs Automotive Group LLC.

Filing 69

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Status Conference was held on 11/4/2010. ORDERED: Plaintiff's Motion for Clarification, doc # 60 , is GRANTED. A Settlement Conference is set for 11/15/2010 at 01:30 PM before Magistrate Judge Craig B. Shaffer. Updated Confidential Settlement Statements are due by 12:00 p.m. on 11/12/2010. POST RECESS ORDER: Defendant's Statement in Support of Excluding Certain Individuals and/or Entities From Inclusion in Certified Class, doc # 61 , is DENIED. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer
Civil Action No.: 09-cv-01159-REB-CBS Date: November 4, 2010 FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Linda Kahoe

SALLY ANN MAEZ, Plaintiff, v. SPRINGS AUTOMOTIVE GROUP, LLC., Defendant.

Richard B. Wynkoop

Mary Kominek Linden Vincent L. Linden, III

COURTROOM MINUTES/MINUTE ORDER HEARING: TELEPHONIC STATUS CONFERENCE Court in session: 10:03 a.m. Court calls case. Appearances of counsel. Discussion regarding the status of the case. Discussion regarding settlement. The court makes the following ruling from the bench: ORDERED: Plaintiff's Motion for Clarification, doc #[60], is GRANTED consistent with the clarification provided by the court today. The Class will not include the three commercial sales. The Class will include the fifteen people who signed a financing agreement. Counsel shall determine the status of the seven remaining files by 5:00 p.m. on NOVEMBER 5, 2010. Counsel shall send notices to those people. Based upon the court's review of Rule 23 and the case law, counsel must send notices to those customers who financed their transaction, even if that financing documentation had an arbitration agreement. The court emphasizes that it is not ruling on the Motion for Clarification with the intent to hamstring the Defendant, or with the intent to limit the evidence the Defendant intends to introduce at trial with respect to the legal significance of those arbitration agreements.

ORDERED: A Settlement Conference is set for NOVEMBER 15, 2010 at 1:30 p.m. Updated Confidential Settlement Statements are due by 12:00 p.m. on NOVEMBER 12, 2010. HEARING CONCLUDED. Court in recess: Total time in court: 10:14 a.m. 00:11 POST RECESS ORDER By Magistrate Judge Craig B. Shaffer In light of the court's ruling on the Motion for Clarification, doc #[60], it is: ORDERED: Defendant's Statement in Support of Excluding Certain Individuals and/or Entities From Inclusion in Certified Class, doc #[61], is DENIED.

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