Onyx Properties LLC et al v. Board of County Commissioners of Elbert County

Filing 109

MINUTE ENTRY for Motion and Scheduling Hearing held before Judge Lewis T. Babcock on 4/9/2013. Denying 103 Motion for Certification as Final Judgment under Rule 54(b). Discovery due by 1/17/2014. Dispositive Motions due by 2/17/2014. Final Pre trial Conference set for 5/2/2014 09:00 AM in Courtroom C401 before Judge Lewis T. Babcock. Status Conference set for 5/10/2013 09:00 AM in Courtroom C401 before Judge Lewis T. Babcock. Counsel shall prepare and submit a revised joint scheduling order that incorporates the dates and changes given in court today on or before 4/19/2013. Court Reporter: Mary George. (eseam)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Emily Seamon Date: April 9, 2013 Court Reporter: Mary George _____________________________________________________________________ Civil Case No. 10-cv-01482-LTB-KLM (Consolidated w/ 11-cv-02321-LTB-KLM) Counsel: ONYX PROPERTIES LLC, a Colorado limited liability company, EMERALD PROPERTIES, LLC, a Colorado limited liability company, VALLEY BANK AND TRUST, a Colorado State Bank, PAUL NAFTEL, an individual, SHAUNA NAFTEL, an individual, and LOCAL SERVICE CORPORATION, The Estate of Chapter 11 Bankruptcy in re: Simon E. Rodriguez, Trustee, James Thorburn Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY, in its official capacity, Josh Marks Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING - MOTION AND SCHEDULING 9:09 a.m. Court in Session. Discussion between the Court and counsel regarding Defendant’s Motion for Certification as Final Judgment Pursuant to Fed. R. Civ. P. 54(b). 9:10 a.m. Argument by Mr. Marks. 1 9:22 a.m. Response by Mr. Thorburn. Counsel answer questions asked by the Court. ORDERED: Defendant’s Motion for Certification as Final Judgment Pursuant to Fed. R. Civ. P. 54(b) [Doc. No. 103, Filed March 6, 2013] is DENIED. THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT THE SCHEDULING CONFERENCE HELD THIS DATE: Discussion regarding the statement of claims, defenses, and the claims and damages analysis as to the class members in the scheduling order. Discovery Deadline: January 17, 2014 Dispositive Motion Deadline: February 17, 2014 Final Pretrial Conference: May 2, 2014 at 9:00 a.m. In addition to filing a PDF copy with the Clerk of the Court, counsel should e-mail the proposed Final Pretrial Order in Word or WordPerfect format to Judge Babcock's chambers’ email account at Babcock_Chambers@cod.uscourts.gov one week prior to the conference. Status Conference: Friday, May 10, 2013 at 9:00 a.m. ORDERED: Counsel shall prepare and submit a revised joint scheduling order that incorporates the dates and changes given in court today on or before April 19, 2013. The Court notes that this case has already been referred to Magistrate Judge Mix. Parties are directed to www.cod.uscourts.gov and shall fully comply with the procedures of the judicial officer assigned to try this case on the merits. 9:55 a.m. Court in Recess. Hearing concluded. Time: 00:46 2

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