Muir et al v. Bank of New York et al

Filing 15

Minute Entry for proceedings held before Judge Philip A. Brimmer: Motion Hearing held on 7/21/2009. Denying 9 Motion to Remand to State Court; Denying 11 Motion for TRO and Preliminary Injunction. (Court Reporter Janet Coppock)pabcd) Modified on 7/27/2009 to correct the file date and the date held in the text. (gmssl, ).

Download PDF
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 21, 2009 Time: one hour and 33 minutes CASE NO. 09-cv-01421-PAB-KMT Parties CARL MUIR, and TRACY MUIR, Plaintiff (s), vs. BANK OF NEW YORK, Trustee CIT Equity Loan Trust 2003-1, and ANNA MARIA PETERS-RUDDICK, Trustee for Arapahoe County, Colorado Defendant (s). Justin Balser Counsel John Nelson MOTIONS HEARING 1:35 p.m. COURT IN SESSION APPEARANCES OF COUNSEL. Page Two 09-cv-01421-PAB-KMT July 21, 2009 Mr. Nelson advises that defendant Anna Maria Peters-Ruddick has been served and has filed a notice of disclaimer. Plaintiffs' Motion to Remand to State Court (Doc #9), filed 7/6/09. 1:39 p.m. 1:47 p.m. Argument by Mr. Nelson. Questions by the Court. Argument by Mr. Balser. Court states its findings and conclusions. ORDERED: Plaintiffs' Motion to Remand to State Court (Doc #9), filed 7/6/09 is DENIED. Plaintiffs' Motion for Temporary Restraining Order and for Preliminary Injunction (Doc #11), filed 7/17/09. Court will hear testimony on the Motion for Preliminary Injunction. Discussion regarding the scope of plaintiffs witness' testimony. ORDERED: Plaintiff's witness shall be sequestered. 1:57 p.m. 2:32 p.m. 2:41 p.m. 2:55 p.m. 3:22 p.m. Argument by Mr. Nelson. Argument by Mr. Balser. Rebuttal argument by Mr. Nelson. COURT IN RECESS COURT IN SESSION Court states its findings as to the request for preliminary injunction. ORDERED: Plaintiffs' Motion for Temporary Restraining Order and for Preliminary Injunction (Doc #11), filed 7/17/09 is DENIED. 3:35 p.m. COURT IN RECESS 93 minutes Hearing concluded Total in court time:

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?