Sonnenberg et al v. Sipf et al

Filing 249

MINUTE ENTRY for Motion Hearing held on 1/30/2014 before Judge Raymond P. Moore. Third-party defendant Ruiz-Moss makes oral Motion to Join Third-Party Defendant John Herbers' Motion for Summary Judgment. The Court grants the oral Motion to Join. The Court takes under advisement 99 Motion for Summary Judgment and 165 Motion for Summary Judgment. Court Reporter: Tammy Hoffschildt. (rmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE RAYMOND P. MOORE

Courtroom Deputy: Nick Richards
Court Reporter: Tammy Hoffschildt

Date: January 30, 2014

CASE NO. 12-cv-00441-RM-KMT
Parties

Counsel

CAROL SONNENBERG,
MICHAEL SONNENBERG, and
AMERICAN FINANCIAL SECURITIES
HOLDINGS, INC.,

No appearance

Plaintiffs,
v.
ERIC DAVID SIPF,

Alan Charles Friedberg

Defendant and Third-Party Plaintiff,
v.
JOHN C. HERBERS,
ROBERT RUIZ-MOSS,
THOMAS KELLER,
CRAIG MAGNUSON, and
MAGNUM ACTUARIAL GROUP, LLC,

Chad Michael Lieberman
Robert Ruiz-Moss
Daniel Patrick Murphy

Third-Party Defendants.

COURTROOM MINUTES
MOTION HEARING
COURT IN SESSION: 9:00 a.m.
Court calls case. Appearances of counsel. Plaintiffs’ counsel is not present, as their
appearance was not required.

Motion Hearing is called regarding Thomas Keller, Craig Magnuson and Magnum
Actuarial Group, LLC’s Motion for Summary Judgment [Doc. No. 99, filed June 7, 2013]
and Third-Party Defendant John Herbers’ Motion for Summary Judgment on the ThirdParty Complaint [Doc. No. 165, filed November 1, 2013].
Preliminary remarks by the Court.
Mr. Ruiz-Moss makes oral Motion to Join Third-Party Defendant John Herbers’ Motion
for Summary Judgment [165].
ORDERED: Oral Motion to Join is GRANTED as stated on the record. Mr. Ruiz-Moss
may join Third-Party Defendant John Herbers’ Motion for Summary
Judgment [165] without filing a separate pleading.
9:14 a.m.

Oral argument by Mr. Murphy regarding Thomas Keller, Craig Magnuson
and Magnum Actuarial Group, LLC’s Motion for Summary Judgment [99].

9:34 a.m.

Response by Mr. Friedberg.

9:59 a.m.

Reply by Mr. Murphy.

COURT IN RECESS: 10:02 a.m.
COURT IN SESSION: 10:16 a.m.
10:16 a.m.

Oral argument by Mr. Lieberman regarding Third-Party Defendant John
Herbers’ Motion for Summary Judgment on the Third-Party Complaint
[165].

10:38 a.m.

Response by Mr. Friedberg.

11:09 a.m.

Reply by Mr. Lieberman.

11:20 a.m.

Statement by Mr. Ruiz-Moss.

ORDERED: Thomas Keller, Craig Magnuson and Magnum Actuarial Group, LLC’s
Motion to Summary [99] and Third-Party Defendant John Herbers’ Motion
for Summary Judgment [165] are TAKEN UNDER ADVISEMENT.
ORDERED: Mr. Lieberman shall submit briefing not to exceed five pages in length on
the issue raised prior to oral argument on or before February 14, 2014. Mr.
Friedberg shall submit a response not to exceed five pages in length on or
before February 21, 2014.
ORDERED: Should counsel for the Magnum defendants wish to submit a summary
judgment claim that parallels the claim made by third-party defendant
Herbers, Mr. Murphy may submit briefing on or before February 14, 2014.

Response by Mr. Friedberg shall be due on or before March 7, 2014.
Reply to response by Mr. Murphy shall be due on or before March 21,
2014.
COURT IN RECESS: 11:25 a.m.
Total in court time: 02:11
Hearing concluded