Ryskamp v. Looney et al

Filing 84

Minute Entry for Motions Hearing held before Judge William J. Martinez: ORDERED: The Court finds the interests of justice will best be served by ordering Defendants to provide the Plaintiff with all the initial disclosures required by Rule 26(a)(1)(A ) on or before May 10, 2011. The disclosures shall include copies of all documents referenced therein. Any dispute as to such disclosures shall be directed to the District Judge and will not be referred to the Magistrate Judge. ORDERED: Defendants shall provide the Plaintiff all information and documents sought in the February 23, 2010 letter from Plaintiff's counsel to Defendants' counsel, which is Exhibit I to Nominal Defendant Boulder Growth and Income Fund, Inc., And The Review Committee Members' Request for Judicial Notice 34 . Any dispute shall be directed to the District Judge and will not be referred to the Magistrate Judge. ORDERED: Plaintiff has up to and including May 31, 2011 to file a Second Amended Complai nt. ORDERED: Nominal Defendant Boulder Growth And Income Fund, Inc., And the Review Committee Members' Motion to Dismiss Pursuant to F.R.C.P. 8(a), 12(b)(6), And 23.1, 32 is DENIED WITHOUT PREJUDICE TO REFILE. ORDERED: Defendants' Horej si and Ciciora's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 23.1(a), 35 is DENIED WITHOUT PREJUDICE TO REFILE. ORDERED: Defendants have up to and including June 24, 2011 to refile their Motions to Dismiss, with respect to the Second Amended Complaint.ORDERED: Except as set forth above, the Magistrate Judge's Order staying discovery 61 shall remain in effect.(Court Reporter: Gwen Daniel) (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Deborah Hansen
Date: April 13, 2011
Court Reporter:
Gwen Daniel
_____________________________________________________________________
Civil Action No. 10-cv-00842-WJM-KLM

Counsel:

DENIS RYSKAMP,

Jeffrey P. Harris
Kip B. Shuman
Rusty E. Glenn

Plaintiff,
v.
JOEL W. LOONEY,
DEAN L. JACOBSON,
RICHARD I. BARR,
SUSAN L. CICIORA, and
JOHN S. HOREJSI,

William F. Sullivan
Joshua G. Hamilton
Christian H. Hendrickson
Bruce A. Montoya
Edward J. Hafer

Defendants,
- and BOULDER GROWTH & INCOME FUND, INC.,

Nominal Defendant.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
MOTIONS HEARING
10:00 a.m.

Court in Session

Appearances
Court’s comments
This matter is before the Court on two Motions to Dismiss: Nominal Defendant Boulder
Growth And Income Fund, Inc., And the Review Committee Members’ Motion to
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Dismiss Pursuant to F.R.C.P. 8(a), 12(b)(6), And 23.1, [Doc No. 32]; and Defendants’
Horejsi and Ciciora’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and
23.1(a), [Doc No. 35].
10:04 Argument by Mr. Sullivan
10:19 Argument by Mr. Hafer
10:25 Argument by Mr. Harris
10:48 Argument by Mr. Sullivan
10:51 Argument by Mr. Hafer
ORDERED: The Court finds the interests of justice will best be served by
ordering Defendants to provide the Plaintiff with all the initial
disclosures required by Rule 26(a)(1)(A )on or before May 10, 2011.
The disclosures shall include copies of all documents referenced
therein.
Any dispute as to such disclosures shall be directed to the District
Judge and will not be referred to the Magistrate Judge.
ORDERED: Defendants shall provide the Plaintiff all information and documents
sought in the February 23, 2010 letter from Plaintiff's counsel to
Defendants' counsel, which is Exhibit I to Nominal Defendant
Boulder Growth and Income Fund, Inc., And The Review Committee
Members’ Request for Judicial Notice [Doc No. 34].
Any dispute shall be directed to the District Judge and will not be
referred to the Magistrate Judge.
ORDERED: Plaintiff has up to and including May 31, 2011 to file a Second
Amended Complaint.
ORDERED: Nominal Defendant Boulder Growth And Income Fund, Inc., And the
Review Committee Members’ Motion to Dismiss Pursuant to F.R.C.P.
8(a), 12(b)(6), And 23.1, [Doc No. 32] is DENIED WITHOUT
PREJUDICE TO REFILE.
ORDERED: Defendants’ Horejsi and Ciciora’s Motion to Dismiss Pursuant to
Fed. R. Civ. P. 12(b)(6) and 23.1(a), [Doc No. 35] is DENIED WITHOUT
PREJUDICE TO REFILE.

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ORDERED: Defendants have up to and including June 24, 2011 to refile their
Motions to Dismiss, with respect to the Second Amended Complaint.
ORDERED: Except as set forth above, the Magistrate Judge’s Order staying
discovery [Doc No. 61] shall remain in effect.
10:55 a.m.

Court in Recess
Hearing concluded
Time: /55

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