Sun River Energy, Inc. v. Nelson et al

Filing 294

MINUTE ENTRY for Final Pretrial Conferenc held before Chief Judge Marcia S. Kriegeron 7/16/2013 254 Motion for Sanctions is GRANTED in part and DENIED in part; 262 Motion to Vacate is DENIED; 278 Report and Recommendations is ADOPTED in pa rt.; 279 APPEAL OF MAGISTRATE JUDGE DECISION to District Court is SUSTAINED in part; 291 Motion for Order to Show Cause is GRANTED in part and DENIED in part. Revised Proposed Pretrial Order due by 10/10/2013. Bench Trial (2 days) set for 10/22/2013-10/23/2013 08:30 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Other matters addressed and/or deadlines imposed are set forth in the Minutes. Court Reporter: Terri Lindblom. (mskcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputy:
Court Reporter:

Patricia Glover
Terri Lindblom

Date: July 16, 2013

Civil Action No. 11-cv-00198-MSK-MEH
Parties:

Counsel Appearing:

SUN RIVER ENERGY, INC.,

James Pennington

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

Cyd Hunt
Gabriel McFarland

Defendants.

COURTROOM MINUTES

HEARING:

Final Pretrial Conference.

4:02 p.m.

Court in session.

Counsel are present as listed above. Tim Wafford is present as plaintiff’s representative. The
defendants are present.
The Court addresses Plaintiff’s Objections (Doc. #279) to the March 22, 2013 Recommendation
(Doc. # 278) of the Magistrate Judge that the Defendants’ Motion for Discovery Sanctions ( Doc
# 254) Be Granted.
No further argument.
ORDER:

The Court sustains in part Sun River’s Objections (Doc # 279), adopts in part the
Recommendation (Doc.# 278), and grants in part the Defendants’ motion for
sanctions (Doc. # 254) for the reasons stated on the record.

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 2
The Court addresses Defendants’ Motion to Vacate the Magistrate Judge’s January 2, 2013
Order (Doc. # 259) Awarding Attorney’s Fees
No further argument.
ORDER:

Defendants’ Motion to Vacate the Magistrate Judge’s January 2, 2013 Order
(Doc. # 259) Awarding Attorney’s Fees is DENIED.

The Court addresses Defendants’ Motion for Order to Show Cause (Doc. #291)
No further argument.
ORDER:

Defendants’ Motion for Order to Show Cause (Doc. #291) is GRANTED in part
and DENIED in part for the reasons stated in the record. The Court will enter a
judgment in favor of the Defendants and against Plaintiff Sun River, in the
amount of $ 1,143.50.

The Court addresses Motion to Withdraw as Attorney (Doc. #243). This motion was previously
denied without prejudice by Magistrate Judge Hegarty (Doc. #247).
Statements from counsel Pennington and McFarland.
Review of the proposed final pretrial order - matters addressed:
Claims
Defenses
Stipulated facts
Witness List
Exhibit List
Anticipated motions
Trial length, trial process
The Court addresses setting the matter for trial.
ORDER:

Bench trial (2 days) is set on October 22-23, 2013 at 8:30 a.m., in Courtroom
A901, 901 19th Street, Denver, CO. At the conclusion of the trial, the Court will
take the matter under advisement and provide counsel with a date for an oral
ruling. The parties may attend the oral ruling by telephone.

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 3
ORDER:

Pertinent to trial process: Each side will be given 6 hours to use however they
wish (opening statements, presentation of evidence, closing arguments, etc.). The
time will be tracked by the Courtroom Deputy on a chess clock.

ORDER:

Revised final pretrial order to be submitted by October 10, 2013.

ORDER:

The Court’s trial exhibits will be submitted by September 30, 2013.

5:08 p.m.

Court in recess.

Total Time: 1 hours 4 minutes.
Hearing concluded.