Sun River Energy, Inc. v. Nelson et al

Filing 141

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 8/22/2011, taking under advisement 91 Plaintiff's Motion to Enforce Settlement Agreement, for Expedited Briefing and for Sanctions against Defendants and an Award of Attorneys' Fees. (FTR: C. Coomes -- Courtroom A-501) (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE MICHAEL E. HEGARTY
Civil Action No. 11-cv-00198-MSK-MEH
Courtroom Deputy: Cathy Coomes

Date: August 22, 2011
FTR – Courtroom A501

SUN RIVER ENERGY, INC.,

James Earl Pennington
Stephen Erik Csajaghy

Plaintiff,
vs.
ERIK S. NELSON,
STEVE STEPHENS, and
CORAL CAPITAL PARTNERS, INC.,

M. Gabriel McFarland
J. Lucas McFarland

Defendants.

COURTROOM MINUTES/MINUTE ORDER
MOTION HEARING – Plaintiff’s Motion to Enforce Settlement Agreement, for Expedited
Briefing and for Sanctions against Defendants and an Award of Attorneys’ Fees (Doc. #91,
filed 7/1/11)
Court in session:

10:10 a.m.

Court calls case. Appearances of counsel. Also present: Erik S. Nelson and Steve Stephens.
Counsel advise the Court that they stipulate to Plaintiff’s Exhibits 1 through 17 and Defendants’
Exhibit B, and those exhibits are admitted into evidence.
10:14 a.m.

Plaintiff’s witness, Stephen Erik Csajaghy, is sworn, examined, and questioned by
the Court. Witness is referred to Plaintiff’s Exhibits 2, 4, 5, 6, 7, 8, 9, 10, 11, and
12.

10:47 a.m.

Stephen Csajaghy is cross-examined by M. Gabriel McFarland. Witness is
referred to Plaintiff’s Exhibit 8, 5, and 12.

11:16 a.m.
11:17 a.m.

Witness is excused.
Plaintiff’s witness, M. Gabriel McFarland, is sworn and examined. Witness refers
to Plaintiff’s Exhibit 4. Witness is referred to Plaintiff’s Exhibit 8.
Witness is excused.
Court in recess.
Court in session. Plaintiff rests. Defendants request another brief recess.
Court in recess.
Court in session.

11:28 a.m.
11:29 a.m.
11:38 a.m.
11:39 a.m.
11:50 a.m.

Mr. McFarland moves the Court for a ruling against Plaintiff and argues the
motion to the Court.
ORDERED: For reasons stated on the record, Mr. McFarland’s oral motion for a ruling against
Plaintiff is denied.
11:58 a.m.

Defendants’ witness, Erik Nelson, is sworn, examined, and questioned by the
Court. Witness is referred to Plaintiff’s Exhibit 12.

12:18 a.m.

Erik Nelson is cross-examined by Mr. Pennington and further questioned by the
Court. Witness is referred to Plaintiff’s Exhibit 8 and 12.

12:52 a.m.

Witness is excused.

Discussion regarding closing briefs.
Mr. McFarland moves for Mr. Stephens’ travel costs to be reimbursed. Argument and discussion
regarding Mr. McFarland’s oral motion. The Court directs Mr. McFarland to file a written
motion regarding the reimbursement of Mr. Stephens’ travel costs.
ORDERED: 1.

The Court sets the following deadline for closing briefs: Plaintiff’s brief,
August 25, 2011; Defendants’ response brief, August 29, 2011; Plaintiff’s
reply brief, August 31, 2011.

2.

The Court takes Plaintiff’s Motion to Enforce Settlement Agreement, for
Expedited Briefing and for Sanctions against Defendants and an Award of
Attorneys’ Fees (Doc. #91, filed 7/1/11) under advisement.

Court in recess:
1:19 p.m. (Hearing concluded)
Total time in court: 2:49