CGC Holding Company, LLC et al v. Hutchens et al

Filing 281

MINUTE ENTRY for Motion Hearing held before Judge R. Brooke Jackson on 10/24/2012. Granting 231 Motion to Exclude; Taking under advisement 233 Motion to Compel; Taking under advisement 235 Motion to Dismiss for Lack of Jurisdiction; Taking under advisement 250 Motion to Compel; Taking under advisement 255 Motion to Compel. Motion Hearing regarding Motion to Certify Class 6 set for 1/4/2013 8:00 AM in Courtroom A902 before Judge R. Brooke Jackson. Court Reporter: Kara Spitler. (lag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE R. BROOKE JACKSON

Courtroom Deputy: Laura Galera
Court Reporter:
Kara Spitler

Date: October 24, 2012

Civil Action No. 11-cv-01012-RBJ-KLM
Parties:

Counsel:

CGC HOLDING COMPANY, LLC,
CRESCENT SOUND YACHT CLUB,
LLC,
HARLEM ALGONQUIN LLC, and
JAMES T. MEDICK,

John Head

Plaintiffs,
v.
SANDY HUTCHENS,
TANYA HUTCHENS,
JENNIFER HUTCHENS,
CANADIAN FUNDING CORPORATION,
308 ELGIN STREET INC.,
FIRST CENTRAL MORTGAGE
FUNDING INC.,
FIRST CENTRAL HOLDINGS INC.
ALVIN MEISELS,
BLANEY MCMURTRY LLP,
RONALD GACHE,
BROAD AND CASSEL,
H. JAN LUISTERMANS,
REALTY 1 REAL ESTATE SERVICES
LTD.,
CARL ROMANO,
1681071 ONTARIO INC,
NORTHERN CAPITAL INVESTMENTS
LTD,
2800 NORTH FLAGLER DRIVE UNITS
106-107 LLC,
ESTATE OF JUDITH HUTCHENS,
129 LAREN STREET INC.,

Christopher Taravella
Nathan Osborn

John M. Palmeri
Heather Kelly
James Kilroy
Loren Cohen

James Kilroy and Loren Cohen
Christopher Taravella
Nathan Osborn

3415 ERRINGTON AVENUE INC.,
367-369 HOWEY DRIVE INC.,
3419 ERRINGTON AVENUE INC.,
17 SERPENTINE STREET INC.,
720 CAMBRIAN HEIGHTS INC.,
331 REGENT STREET INC.,
789 LAWSON STREET INC.,
110-114 PINE STREET INC.,
15-16 KEZIAH COURT INC.,
193 MOUNTAIN STREET INC.,
625 ASH STREET INC.,
364 MORRIS STREET INC.,
SANTAN PROPERTY MANAGEMENT
INC.,
101 SERVICES ROAD INC.,
146 WHITAKER STREET INC.,
1697030 ONTARIO INC.,
JBD HUTCHEN FAMILY HOLDINGS
INC.,
JBD HOLDINGS, and
1539006 ONTARIO INC.,
Defendants.

COURTROOM MINUTES

MOTION HEARING
Court in session:

7:59 a.m.

Court calls case. Appearances of counsel.
8:09 a.m.

Argument by Mr. Osborn as to The Entity Defendants’ Motion to Dismiss for
Lack of Personal Jurisdiction, Failure to State a Claim Upon Which Relief Can be
Granted, and Improper Venue #[235].

8:26 a.m.

Argument by Mr. Head as to The Entity Defendants’ Motion to Dismiss for Lack
of Personal Jurisdiction, Failure to State a Claim Upon Which Relief Can be
Granted, and Improper Venue #[235].

8:38 a.m.

Rebuttal argument by Mr. Osborn.

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8:48 a.m.

Argument by Mr. Kilroy as to Plaintiffs’ Motion to Prohibit Defendants’ Use of
Documents Not Produced as Part of Defendants’ Rule 26(a)(1)(A)(ii) Disclosures
#[231].

9:02 a.m.

Argument by Ms. Kelly as to Plaintiffs’ Motion to Prohibit Defendants’ Use of
Documents Not Produced as Part of Defendants’ Rule 26(a)(1)(A)(ii) Disclosures
#[231].

9:04 a.m.

Argument by Mr. Taravella as to Plaintiffs’ Motion to Prohibit Defendants’ Use
of Documents Not Produced as Part of Defendants’ Rule 26(a)(1)(A)(ii)
Disclosures #[231] and Plaintiffs’ Motion to Compel Discovery by Hutchens
#[255].

9:15 a.m.

Argument by Mr. Head Argument by Mr. Taravella as to Plaintiffs’ Motion to
Prohibit Defendants’ Use of Documents Not Produced as Part of Defendants’
Rule 26(a)(1)(A)(ii) Disclosures #[231].

9:29 a.m.
9:48 a.m.

Court in recess.
Court in session.

Argument by Mr. Head as to Plaintiffs’ Motion to Compel Discovery by Defendants Ronald
Gache, Carl Romano and Broad and Cassel #[233].
10:07 a.m.

Argument by Mr. Cohen as to Plaintiffs’ Motion to Compel Discovery by
Defendants Ronald Gache, Carl Romano and Broad and Cassel #[233].

10:44 a.m.

Argument by Mr. Palmeri as to Plaintiffs’ Motion to Compel Discovery by
Defendants Ronald Gache, Carl Romano and Broad and Cassel #[233].

11:05 a.m.

Rebuttal argument by Mr. Head.

Mr. Palmeri, Mr. Taravella and Mr. Cohen address the Court.
ORDERED: Hearing on Motion to Certify Class #[6] set January 4, 2013 at 8:00 a.m. before
the Honorable Judge R. Brooke Jackson in Courtroom A-902, Ninth Floor,
Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado
80294.
ORDERED: Plaintiffs’ Motion to Prohibit Defendants’ Use of Documents Not Produced as
Part of Defendants’ Rule 26(a)(1)(A)(ii) Disclosures #[231] is GRANTED. If
documents are not disclosed in full compliance with Rule 26, they will not be
used. Disclosure deadline for full, complete disclosures of non-privileged
documents is November 30, 2012.

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ORDERED: Plaintiffs’ Motion to Compel Discovery by Defendants Ronald Gache, Carl
Romano and Broad and Cassel #[233] is TAKEN UNDER ADVISEMENT.
ORDERED: The Entity Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction,
Failure to State a Claim Upon Which Relief Can be Granted, and Improper Venue
#[235] is TAKEN UNDER ADVISEMENT.
ORDERED: Plaintiffs’ Motion to Compel Discovery by Defendants Blaney McMurtry and
Alvin Meisels #[250] is TAKEN UNDER ADVISEMENT.
ORDERED: Plaintiffs’ Motion to Compel Discovery by Hutchens #[255] is TAKEN UNDER
ADVISEMENT.
HEARING CONCLUDED.
Court in recess:
12:01 p.m.
Total time in court: 03:43

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