Whitby v. Lime Financial Services, LTD et al

Filing 3

Minute Entry for proceedings held before Judge Philip A. Brimmer: Motion for TRO Hearing held on 7/2/2009. Motion for TRO 2 is denied. Status Report due by 7/13/2009.) (Court Reporter Gwen Daniel) (pabcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Gwen Daniel Date: July 2, 2009 Time: 43 minutes CASE NO. 09-cv-01565-PAB Parties MICHAEL L. WHITBY, Plaintiff (s), vs. LIME FINANCIAL SERVICES, LTD, DEUTSCHE BANK AND TRUST CO., PUBLIC TRUSTEE, Denver City and County, Defendant (s). Marcy McDermott Counsel Peter Bornstein HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER 9:39 a.m. COURT IN SESSION APPEARANCES OF COUNSEL. Plaintiff's Motion for Temporary Restraining Order (Doc #2), filed 7/1/09 Page Two 09-cv-01565-PAB July 2, 2009 Court directs counsel to address the issue of why the property in dispute does not fall within exemption under the truth and lending act. 9:41 a.m. 9:47 a.m. Argument by Mr. Bornstein. Marcy McDermott is present on behalf of defendant Court advises Ms. McDermott of what issue she should address and Mr. Bornstein's argument. 9:48 a.m. 9:52 a.m. 9:57 a.m. Argument by Ms. McDermott. Further argument by Mr. Bornstein. Further argument by Ms. McDermott. Court states its findings and conclusions. ORDERED: Plaintiff's Motion for Temporary Restraining Order (Doc #), filed 7/1/09 is DENIED. 10:13 a.m. Further argument by Mr. Bornstein. Court supplements its findings and conclusions. ORDERED: Plaintiff shall provide the Court with a status report indicating the results of the foreclosure proceedings and if the plaintiff wishes to schedule a hearing on the Motion for Preliminary Injunction by July 13, 2009. ORDERED: Defendants shall file their status report as a result of the foreclosure proceedings and their position how this matter should proceed by July 13, 2009. 10:22 a.m. COURT IN RECESS 43 minutes Total in court time: Hearing concluded

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