Big O Tires, LLC v. Felix Bros., Inc. et al

Filing 30

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 3/2/2010. Granting in part and Denying in part 9 Motion for TRO; Granting 16 Motion to Supplement; Denying 28 Motion to Stay. ORDERED: Defendants are enjoined and ordered to turn over a copy of the customer list and transfer to the plaintiff the telephone number of the Quartz Hill store on or before 3/9/10. (Court Reporter Janet Coppock) (pabcd)

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: March 2, 2010 Time: 2 hours and 54 minutes

CASE NO. 10-cv-00362-PAB Parties BIG O TIRES, LLC, Plaintiff (s), vs. FELIX BROS., INC., ARMIDA FELIX, ANGEL FELIX, and MARIA FELIX, Defendant (s). Isabel Posso Counsel Harold Bruno

CONTINUED HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER 8:37 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Plaintiff's Renewed Motion for Temporary Restraining Order (Doc #9), filed 2/23/10.

Page Two 10-cv-00362-PAB March 2, 2010 Court makes opening remarks. 8:38 p.m. 9:21 a.m. 9:51 a.m. Direct examination of defendant Ralph Felix by Ms. Posso. Cross examination by Mr. Bruno. Redirect examination by Ms. Posso.

Witness excused. Mr. Bruno requests the Court take judicial notice to Big O Tires v. G.G.M. Enterprises, Inc., Case No. 09-cv-00477-PAB. 10:01 a.m. 10:19 a.m. 10:20 a.m. 10:50 a.m. 11:25 a.m. COURT IN RECESS COURT IN SESSION Argument by Mr. Bruno. Questions by the Court. Argument by Ms. Posso. Questions by the Court. Rebuttal argument by Mr. Bruno.

ORDERED: Defendants' Motion to Abate Proceedings/Case; Grounds for Motion to Dismiss; and Memorandum of Points and Authorities (Doc #28), filed 3/1/10 is DENIED. Court states its findings of fact and conclusions of law. ORDERED: Plaintiff's Renewed Motion for Temporary Restraining Order (Doc #9), filed 2/23/10 is GRANTED in PART and DENIED in PART. ORDERED: Plaintiff's Motion to Supplement (Doc #16), filed 2/24/10 is GRANTED. ORDERED: Defendants and in particular Ralph Felix are enjoined and ordered to turn over a copy of the customer list for the Quartz Hill store location to Big O Tires and take every step necessary for defendant Ralph Felix to transfer the to Big O Tires, the telephone number of the Quartz Hill store on or before March 9, 2010.

Page Three 10-cv-00362-PAB March 2, 2010 ORDERED: Hearing on Motion for Preliminary Injunction will be scheduled upon request by counsel. 12:42 p.m. COURT IN RECESS 174 minutes

Total in court time: Hearing concluded