Agile Sky Alliance Fund LP et al v. Citizens Financial Group et al

Filing 171

Minute Entry for proceedings held before Judge William J. Martinez: ORDERED: Defendant RBS Citizens, N.A.'s Motion for Leave to File Summary Judgment Motion 144 is GRANTED. Defendant RBS Citizens, N.A.'s Amended Motion for Summary Judgme nt 166 is DEEMED FILED TODAY. The remainder of the briefing schedule on the motion will be as per Local Rule. ORDERED: Defendant RBS Citizen, N.A.'s Objections to the Magistrate Judge's Orders Denying Joint Motion to Extend Dispositive Motion Deadline 150 are OVERRULED. ORDERED: Defendant RBS Citizen, N.A.'s Motion for Leave to File Supplemental Brief in Support of Motion to Dismiss 164 is DENIED. ORDERED: The currently-filed motion to dismiss is taken under advisement a nd will be addressed concurrently with the amended motion for summary judgment. ORDERED: Defendant Swiss Financial Services, Inc. is GRANTED LEAVE to file a one-page document adopting and joining Charter One Bank's Amended Motion for Summary Judgment. The Local Rule's briefing schedule shall apply per a filing date deemed to be today of the Amended Motion for Summary Judgment. (Court Reporter: Gwen Daniel) (ltbcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Date: March 3, 2011 Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Case No. 09-cv-02786-WJM-BNB AGILE SAFETY VARIABLE FUND, L.P. and Sky Bell Select LP, Plaintiffs, v. Howard Schiffman David A. Zisser Robert B. Christie Brooke H. McCarthy Defendants. _____________________________________________________________________ RBS Citizens, N.A. d/b/a Charter One Bank and Swiss Financial Services, Inc., COURTROOM MINUTES _____________________________________________________________________ ORAL ARGUMENT 02:57 p.m. Appearances Court's comments 03:00 Argument by Mr. Christie 03:13 Argument by Mr. Schiffman 03:24 Argument by Mr. Thomas Court's findings and conclusions entered on the record. Court in Session Counsel: Steven W. Thomas Emily S. Alexander Steven M. Feder

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ORDERED

Defendant RBS Citizens, N.A.'s Motion for Leave to File Summary Judgment Motion (Doc No. 144) is GRANTED. Defendant RBS Citizens, N.A.'S Amended Motion for Summary Judgment, (Doc No. 166) is DEEMED FILED TODAY. The remainder of the briefing schedule on the motion will be as per Local Rule.

ORDERED: Defendant RBS Citizen, N.A.'s Objections to the Magistrate Judge's Orders Denying Joint Motion to Extend Dispositive Motion Deadline (Doc No. 150) are OVERRULED. ORDERED: Defendant RBS Citizen, N.A.'s Motion for Leave to File Supplemental Brief in Support of Motion to Dismiss (Doc No. 164) is DENIED. ORDERED: The currently-filed motion to dismiss is taken under advisement and will be addressed concurrently with the amended motion for summary judgment. Mr. Christie's comments Defendant Swiss Financial Services, Inc., moves to join Charter One Bank's Motion for Summary Judgment. ORDERED: Defendant Swiss Financial Services, Inc. is GRANTED LEAVE to file a one-page document adopting and joining Charter One Bank's Amended Motion for Summary Judgment. The Local Rule's briefing schedule shall apply per a filing date deemed to be today of the Amended Motion for Summary Judgment. 03:45 p.m. Court in Recess Hearing concluded Time: /48

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