Tradebank International Franchising Corporation et al v. Community Connect, LLC et al

Filing 58

Courtroom Minutes for Trial Preparation Conference held on 2/25/2013 before Judge Richard P. Matsch. ORDERED: Motion in Limine to Exclude Testimony of Harold Rice 36 , is granted. Motion in Limine to Exclude Evidence Regarding Unrelated L awsuits 37 , is granted. Motion in Limine Regarding Alleged Statements of Farmer Franchisees 38 , is granted. Motion in Limine to Exclude Evidence Regarding Alleged Unenforceability of Franchise Agreement 39 , is granted. Motion in Limine Regar ding Use Of In Judicio Admissions By Gregory Goodman 40 , is granted. Plaintiffs' Motion to Dismiss Defendants Second, Fourth and Fifth Counterclaims 41 , is granted. Trial scheduled March 18, 2013 is vacated. A pretrial conference will be set upon submission of a proposed pretrial order. FTR: K. Terasaki. (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: February 25, 2013 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 11-cv-01530-RPM TRADEBANK INTERNATIONAL FRANCHISING CORP., and TRADEMARK INTERNATIONAL, INC., William Brent Ney Plaintiffs, v. COMMUNITY CONNECTICUT, LLC., d/b/a Connecticut Trade Association, WILLIAM RIGGS and ANNETTE RIGGS, Gregory A. Goodman Defendants. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Trial Preparation Conference 11:00 a.m. Court in session. Discussion regarding related Georgia litigation. Mr. Ney states the case has been resolved (Porter’s answer stricken and default judgment entered in the amount of $186,000.00). Mr. Ney further states that Mr. Porter’s deposition has been taken. Discussion regarding case facts (accounts-broker companies, contracts-restricted covenants). Discussion regarding damages (loss of customers - revenue and loss of value). Discussion regarding witnesses. Counsel state depositions of Mr. and Mrs. Riggs have been scheduled. Court advise counsel that the issue of disgorgement is an equitable remedy for the court to determine. ORDERED: Motion in Limine to Exclude Testimony of Harold Rice [36], is granted. Motion in Limine to Exclude Evidence Regarding Unrelated Lawsuits [37], is granted. February 25, 2013 11-cv-01530-RPM ORDERED: Motion in Limine Regarding Alleged Statements of Farmer Franchisees [38], is granted. Motion in Limine to Exclude Evidence Regarding Alleged Unenforceability of Franchise Agreement [39], is granted. Motion in Limine Regarding Use Of In Judicio Admissions By Gregory Goodman [40], is granted. Plaintiffs’ Motion to Dismiss Defendants’ Second, Fourth and Fifth Counterclaims [41], is granted. Court instructs counsel to confer to organize the case for trial and to prepare a proposed pretrial order. ORDERED: Trial scheduled March 18, 2013 is vacated. A pretrial conference will be set upon submission of a proposed pretrial order. 11:20 a.m. Court in recess. Hearing concluded. Total time: 20 min. 2

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