Wessler et al v. Colonial National Mortgage et al

Filing 50

MINUTE ENTRY for Scheduling Conference held before Judge R. Brooke Jackson on 3/27/2012. Granting 37 Motion to Amend/Correct/Modify. Answer to the Amended Complaint is due by April 10, 2012. Response due by April 20, 2012. Reply due by April 30, 2012. Granting 46 Motion to Amend/Correct/Modify; Denied as moot 16 Motion to Dismiss for Failure to State a Claim; Denied as moot 17 Motion to Dismiss for Failure to State a Claim; Denied as moot 30 Motion to Dismiss. Discovery due by 9/7/2012. Dispositive Motions due by 10/5/2012. Trial Preparation Conference set for 1/25/2013 at 1:00 PM in Courtroom A-902 before Judge R. Brooke Jackson. Jury Trial set for 2/4/2013 9:00 AM in Courtroom A-902 before Judge R. Brooke Jackson. (Court Reporter: Kara Spitler) (lag)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE R. BROOKE JACKSON Courtroom Deputy: Laura Galera Court Reporter: Kara Spitler Date: March 27, 2012 Civil Action No. 11-cv-02683-RBJ Parties: Counsel: ELLEN WESSLER, and MONTY WESSLER, Gary D. Fielder Plaintiffs, v. COLONIAL NATIONAL MORTGAGE, WELLS FARGO BANK, MORTGAGE ELECTRONIC REGISTRY SYSTEMS, INC., and CASTLE STAWIARSKI, LLC., Christopher T. Groen, Reagan Larkin Marie E. Williams Defendants. COURTROOM MINUTES HEARING: RULE 16(b) SCHEDULING CONFERENCE Court in session: 8:35 a.m. Court calls case. Appearances of counsel. Plaintiff Ellen Wessler appears. Discussion regarding the background of the case and the promissory note. Discussion regarding pending motions. ORDERED: Defendant Public Trustee’s Motion to Dismiss and Partial Disclaimer Doc.# [16] is DENIED AS MOOT. ORDERED: Motion for Leave to Amend Complaint Doc.# [37] is GRANTED. ORDERED: Answer to the Amended Complaint is due by April 10, 2012. Response due by April 20, 2012. Reply due by April 30, 2012. ORDERED: Motion to Dismiss by Defendants Wells Fargo Bank and Mortgage Electronic Registry Systems, Inc. Doc.# [30] is DENIED AS MOOT. ORDERED: Defendant Colonial National Mortgage, A Division of Colonial Savings, F.A.’s Motion to Dismiss Pursuant to C.R.C.P. 12(b)(5) Doc.# [17] is DENIED AS MOOT. ORDERED: Plaintiff’s Motion to Amend Response to Motion to Dismiss Amended Complaint and Supporting Brief by Defendant Wells Fargo Bank and Mortgage Electronic Registry Systems, Inc. by Interlineation Doc.# [46] is GRANTED. THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT THE SCHEDULING CONFERENCE HELD THIS DATE: Deadline for Amendment of pleadings/Joinder of parties: May 11, 2012. Discovery Cut-off: September 7, 2012. Dispositive Motions deadline: October 5, 2012. Parties shall designate affirmative experts on or before July 6, 2012. Parties shall designate rebuttal experts on or before August 10, 2012. Disucssion regarding setting a settlement conference. FINAL PRETRIAL/TRIAL PREPARATION CONFERENCE is set for January 25, 2013 at 1:00 p.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. The parties anticipate a five day jury trial. JURY TRIAL is set for February 4, 2013 at 9:00 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. HEARING CONCLUDED. Court in recess: 9:19 a.m. Total time in court: 00:44 2

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