Czarniak et al v. 20/20 Institute, LLC et al

Filing 50

Courtroom Minutes for Motions Hearing held on 12/14/2011 before Judge Richard P. Matsch. ORDERED: Defendant 20/20 Institute's Motion for Contempt and other Appropriate Sanctions #35 is denied. Defendants' shall produce the 2008 and 2009 1099 tax information. Defendants' to produce compensation plans (Rainwater and Tallant) as stated on record. Defendants' Motion for Protective Order #34 , is granted with respect tax information and compensation plans as stated on record and denied in all other respects. Defendants permitted to get an appraisal on the house in Avon and an expert opinion with respect to value as agreed on as stated on record. Additional time to designate financial experts is granted. Joint Motion to Amend Scheduling Order re: financial experts #46 , is granted (30 days - ). Plaintiffs to produce 2008 and 2009 tax 1040s related to the capacity to continue to pay the indebtedness of the house (monthly basis) as stated on record. Defendants' Motion to Compel #37 , is granted and denied as ruled on record. Pretrial conference scheduled March 23, 2012 at 2:00 p.m. Counsel to submit a revised proposed scheduling order by December 22, 2011. Defendants' requests for return of Dr. disclosures is denied with limitations on use. (FTR: K. Terasaki) (rpmcd) Modified to correct yr. of ptc on 12/15/2011 (rpmcd).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
December 14, 2011
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 10-cv-03115-RPM
SCOTT CZARNIAK and
ADRIENNE CZARNIAK,

Todd J. Krouner
Keith F. Cross

Plaintiffs,
v.
20/20 INSTITUTE and
MATTHEW K. CHANG, M.D.

Benjamin P. Swartzendruber
Deana R. Dagner
C. Gregory Tiemeier
Defendant.
Max Stich
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Hearing on Pending Motions
3:56 p.m.

Court in session.

Counsel state the motion with respect to the subpoena with respect to the Colorado Avalanche is resolved.
ORDERED:

Defendant 20/20 Institute’s Motion for Contempt and other Appropriate Sanctions
[35] is denied.

3:58 p.m.
4:03 p.m.

Argument by Mr. Krouner [34],
Argument by Mr. Stich.

ORDERED:

Defendants’ shall produce the 2008 and 2009 1099 tax information.

4:05 p.m.

Argument by Mr. Swartzendruber.

ORDERED:

Defendants’ to produce compensation plans (Rainwater and Tallant) as stated on
record.
Defendants’ Motion for Protective Order [34], is granted with respect tax
information and compensation plans as stated on record and denied in all other
respects.

December 14, 2011
10-cv-03115-RPM
4:08 p.m.

Argument by Mr. Stich [37].

4:11 p.m.

Argument by Mr. Krouner.

ORDERED:

Defendants permitted to get an appraisal on the house in Avon and an expert
opinion with respect to value as agreed on as stated on record.
Additional time to designate financial experts is granted.

ORDERED:

Joint Motion to Amend Scheduling Order re: financial experts [46], is granted (30
days - ).

4:23 p.m.

Argument by Mr. Stich.
Argument by Mr. Tiemeier.
Argument by Mr. Swartzendruber.
Rebuttal argument by Mr. Krouner.

4:28 p.m.
4:30 p.m.
ORDERED:

Plaintiffs to produce 2008 and 2009 tax 1040s related to the capacity to continue to
pay the indebtedness of the house (monthly basis) as stated on record.

Further statements by Mr. Tiemeier and Mr. Swartzendruber.
ORDERED:

Defendants’ Motion to Compel [37], is granted and denied as ruled on record.

Discussion regarding scheduling and discovery.
ORDERED:

Pretrial conference scheduled March 23, 2011 at 2:00 p.m.
Counsel to submit a revised proposed scheduling order by December 22, 2011.

Further argument by Mr. Krouner.
Further argument by Mr. Tiemeier.
ORDERED:

Defendants’ requests for return of Dr. disclosures is denied with limitations on use.

4:40 .m.

Court in recess.

Hearing concluded. Total time: 44 min.

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