Federal Deposit Insurance Corporation v. Aquatic and Wetland Company, Inc. et al

Filing 19

Minute Entry for proceedings held before Judge Christine M. Arguello: granting 16 Acquired Capital I, L.P.s Unopposed Motion to Partially Substitute Plaintiff and Sever Claims; Acquired Capital I, L.P. is substituted as plaintiff for the FDIC on Pr omissory Note # 2, encompassed by Plaintiffs Fifth, Sixth, Seventh and Eighth Claims. Plaintiffs Fifth, Sixth, Seventh and Eighth Claims are severed. ORDER: The new case of Plaintiff Acquired Capital I, L.P, and Defendants Aquatic and Wetland Company, Inc., a Colorado Corporation; Bradley T. Windell, Individually; John T. Windell, Individually; Heidi G. Windell, Individually; Gregory B. Windell, Individually; and Bradley T. Windell Trust and Heidi G. Hynes-Windell Trust Dated April 18, 2003, a Colorado Trust concerning Promissory Note # 2, encompassed by Plaintiffs Fifth, Sixth, Seventh and Eighth Claims, is remanded to the Weld County District Court. Motion Hearing held on 12/1/2009. (Court Reporter Darlene Martinez.) (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHRISTINE M. ARGUELLO Courtroom Deputy: Valeri P. Barnes Court Reporter: Darlene Martinez Date: December 1, 2009

Civil Action No. 09-cv-01451-CMA-MJW Parties: FEDERAL DEPOSIT INSURANCE CORPORATION as Receive for New Frontier Bank, Plaintiff, v. AQUATIC AND WETLAND COMPANY, INC., a Colorado corporation, BRADLEY T. WINDELL, Individually, JOHN T. WINDELL, Individually, HEIDI G. WINDELL, Individually, GREGORY B. WINDELL, Individually and BRADLEY T. WINDELL TRUST AND HEIDI G. HYNES-WINDELL TRUST DATED April 18, 2003, a Colorado Trust, Defendant. ______________________________________________________________________ COURTROOM MINUTES ______________________________________________________________________ HEARING: Motion 2:31 p.m. Court in session. Michael Uwate Counsel: Marie Drake

Also present: Peter Sabey for Acquired Capital. ORDER: Acquired Capital I, L.P.'s Unopposed Motion to Partially Substitute Plaintiff

and Sever Claims (16) is granted as follows: Acquired Capital I, L.P. is substituted as plaintiff for the FDIC on Promissory Note # 2, encompassed by Plaintiff's Fifth, Sixth, Seventh and Eighth Claims. Plaintiff's Fifth, Sixth, Seventh and Eighth Claims are severed. ORDER: The new case of Plaintiff Acquired Capital I, L.P, and Defendants Aquatic and Wetland Company, Inc., a Colorado Corporation; Bradley T. Windell, Individually; John T. Windell, Individually; Heidi G. Windell, Individually; Gregory B. Windell, Individually; and Bradley T. Windell Trust and Heidi G. Hynes-Windell Trust Dated April 18, 2003, a Colorado Trust concerning Promissory Note # 2, encompassed by Plaintiff's Fifth, Sixth, Seventh and Eighth Claims, is remanded to the Weld County District Court. Court in recess/hearing concluded.

2:38 p.m.

Total in-court time: 00:07

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