Liberty Bankers Life Insurance Company v. Colorado Capital Bank et al

Filing 37

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 9/11/2012. The court DENIES without prejudice 25 Motion to Stay. FTR: Robin Mason. (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 12-cv-00161-CMA-CBS
Date: September 11, 2012

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Robin Mason

Parties:

Counsel:

LIBERTY BANKERS LIFE INSURANCE
COMPANY,

Thomas Hardy Wagner
Mitchell Madden

Plaintiff,

v.
FIRST CITIZENS BANK AND TRUST
COMPANY,

Daniel C. Wennogle
Perry L. Glantz

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:21 p.m.
Court calls case. Appearances of counsel.
The court addresses the parties regarding the defendant’s MOTION to Stay Proceedings Pending
Resolution of State Court Action (Docket No. 25, filed on 7/24/2012), the plaintiff’s BRIEF in
Opposition to #25 MOTION to Stay Proceedings Pending Resolution of State Court Action (Docket
No. 26, filed on 8/17/2012), and the defendant’s REPLY to Response to #25 MOTION to Stay
Proceedings Pending Resolution of State Court Action (Docket No. 30, filed on 8/23/2012).
The court addresses the parties regarding the current status of the state case in Eagle county
(what deadlines are in place, has it been set for trial or awaiting a trial date, what discovery has
been completed, and what discovery still needs to be completed).
Discussion regarding the status of the state court case (there is a pending motion to stay and the
previous trial date was vacated and a new trial date has not been set), and why the defendant is
looking for a stay in this case.

Discussion regarding whether a scheduling conference should set, Rule 72 and objections, and
how to get this case moving forward if it remains before this court. Discussion regarding
discovery in this case (none pursued to date), filing dispositive motions, current discovery cut off
date, getting written discovery sent out, taking depositions, calling experts, and Rule 16 and the
showing of good cause to extend discovery deadlines.
ORDERED: The court DENIES without prejudice the defendant's MOTION to Stay
Proceedings Pending Resolution of State Court Action (Docket No. 25, filed on
7/24/2012).
HEARING CONCLUDED.
Court in recess:
Total time in court:

2:05 p.m.
00:44

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