Bank of New York Mellon, The v. Mulei et al

Filing 32

Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 8/4/2011. 23 Motion to Stay is granted in part. Supplemental briefs due within two weeks. (FTR: Linda Kahoe) (cbscd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No.: 11-cv-01477-PAB-CBS
Date: August 4, 2011

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Linda Kahoe

THE BANK OF NEW YORK MELLON,

Kimberly L. Martinez
Phillip A. Vaglica

Plaintiff,
v.
ANTHONY MULEI,
FEDERAL DEPOSIT INSURANCE CORPORATION,
JOE HICKS,
STEPHANIE Y. O’MALLEY,

Daniel J. Flynn
Jessica Marie Debroisse

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session:
9:11 a.m.
Court calls case. Appearances of counsel.
Discussion regarding the Motion to Stay Proceedings Pending Exhaustion of Mandatory
Administrative Claims Process, doc #[23], filed 6/24/2011.
ORDERED: The Motion to Stay Proceedings Pending Exhaustion of Mandatory
Administrative Claims Process, doc #[23] is GRANTED IN PART. All
discovery is STAYED save for the FDIC’s agreement to provide the discovery
that is over due. Any further proceedings are STAYED with respect to Bank of
New York and the FDIC. Proceedings are STAYED to the extent that the Bank
of New York’s Motion for Summary Judgment implicates or has some affect
upon the rights of the FDIC as receiver for First Community Bank.
Within TWO WEEKS OF TODAY’S DATE, the FDIC is REQUIRED to
submit a Response to Mr. Hicks’ Motion for Summary Judgment, doc #[9]
outlining to what extent, if at all, a ruling on that Motion for Summary Judgment
might adversely affect the rights of the FDIC or constitute a claim against the
FDIC in its capacity as receiver. Once the court reviews the supplemental brief,

the court will determine to what extent, if at all, the court can effectively carve
out Mr. Hicks’ Motion for Summary Judgment and suggest that that Motion can
go forward.
WITHIN TWO WEEKS OF TODAY’S DATE, The Bank of New York may
also brief the question to what extent a ruling on Mr. Hicks’ motion would
adversely affect the FDIC and therefore compel a stay as to that motion as well.
The FDIC and The Bank of New York will have 5 DAYS from the filing of the
supplemental briefs to file Response briefs.
HEARING CONCLUDED.
Court in recess:
Total time in court:

9:33 a.m.
00:22

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at
[phone] or toll free at 1-800-962-3345.