Electrology Laboratory, Inc. v. Kunze et al

Filing 215

COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Motion Hearing held on 12/23/2014, denying 171 Motion for Order to Show Cause and 175 Motion for Sanctions, taking under advisement 203 Motion for Summary Judgment. Counsel to file simultaneous briefs regarding the third-party claims on or before 1/15/2015. Court Reporter: Tammy Hoffschildt. (cpear)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE RAYMOND P. MOORE
Courtroom Deputy: Cathy Pearson
Court Reporter:
Tammy Hoffschildt

CASE NO.

Date: December 23, 2014

11-cv-01907-RM-KMT

ELECTROLOGY LABORATORY, INC.,
RAY FLUKEN,
JODY RIGGS FLUKEN, and
JESSICA RIGGS,

Harold Bruno, III

Plaintiffs,
v.
LARRY PAUL KUNZE, a/k/a Lorenzo Kunze,
a/k/a Lorenzo Blackstone Kunze, M.E.,
d/b/a American Laser College, d/b/a The Laser College,
LARRY PAUL KUNZE, JR., a/k/a Lorenzo Kunze, Jr.,

Peter Goldstein

Defendants.

COURTROOM MINUTES
MOTIONS HEARING
COURT IN SESSION:

9:04 a.m.

Court calls case. Appearances of counsel. James Wooll is present for dismissed party
Rethink the Ink, LLC.
Court’s initial remarks.
9:09 a.m.

Argument given by Mr. Bruno and Mr. Wooll and discussion held regarding
Plaintiff’s Motion for Order to Show Cause Why Defendant, Rethink The Ink,
LLC, Should Not Be Held In Contempt (Doc. 171, filed 2/21/13) and Rethink
The Ink’s Motion for Sanctions against Plaintiff, Electrology Laboratory, Inc.
(Doc. 175, filed 3/14/13).

Mr. Bruno tenders to the Court Plaintiff’s Exhibit 2 regarding Plaintiff’s Motion for Order to
Show Cause.

Court’s findings.
ORDERED: Plaintiff’s Motion for Order to Show Cause Why Defendant, Rethink The Ink,
LLC, Should Not Be Held In Contempt (Doc. 171, filed 2/21/13) and Rethink
The Ink’s Motion for Sanctions against Plaintiff, Electrology Laboratory, Inc.
(Doc. 175, filed 3/14/13) are DENIED as stated on the record.
9:40 a.m.

James Wooll is excused from the remainder of this hearing.

Discussion held regarding the issue of jurisdiction.
ORDERED: On or before January 15, 2015, counsel shall file simultaneous briefs on
whether or not the third-party claims are properly before this Court under
FRCP 14. The briefs shall not exceed five (5) pages, excluding signature
page and certificate of mailing.
10:01 a.m.

Argument given by Mr. Goldstein and discussion held regarding
Defendants’ and Third-Party Plaintiffs’ Combined Motion for Summary
Judgment Dismissing Plaintiff’s Third Claim for Relief and Memorandum
Brief in Support Thereof (Doc. 203, filed 5/22/14).

10:20 a.m.
10:31 a.m.

Court in recess.
Court in session.

Continued argument given by Mr. Goldstein regarding the Motion for Summary
Judgment.
Mr. Bruno tenders to the Court Plaintiff’s Exhibit 1 regarding the Motion for Summary
Judgment.
10:36 a.m.

Argument given by Mr. Bruno and discussion held regarding the Motion for
Summary Judgment.

11:11 a.m.

Further argument given by Mr. Goldstein.

11:16 a.m.

Further argument given by Mr. Bruno.

The Court takes the matter under advisement.
COURT IN RECESS:
Total in court time:
Hearing concluded

11:20 a.m.
2:05