Deitchman v. Bach Composite Colorado, Inc. et al

Filing 47

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 8/6/2012. The court shall WITHDRAW 30 Motion to Amend/Correct/Modify. The court FINDS AS MOOT 33 Motion to Strike. The court DENIES 34 Motion to Withdraw as Attorney. FTR: Robin Mason. (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 12-cv-00450-RBJ-CBS
Date: August 6, 2012

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

Parties:

Counsel:

JENNIFER DEITCHMAN,

James L. Abrams
Johanna Lynne Brammer-Hoelter

Plaintiff,

v.
BACH COMPOSITE COLORADO, INC., et
al.,

Mary Hurley Stuart
Janet Ann Savage (appearing by telephone)

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:29 p.m.
Court calls case. Appearances of counsel. Ms. Jennifer Deitchman is also present at plaintiff’s
table.
The court addresses the parties regarding the plaintiff’s First MOTION to Amend/Correct/Modify
Complaint (Docket No. 30, filed on 7/20/2012) and the defendant’s RESPONSE to #30 First
MOTION to Amend/Correct/Modify Complaint (Docket No. 40, filed on 8/2/2012).
Mr. Abrams presents oral argument. Discussion between the court and Mr. Abrams regarding Rule
15(a), Rule 16(b), and if any discovery has been exchanged. Relevant case law cited by the court.
ORDERED: The court shall treat the plaintiff’s First MOTION to Amend/Correct/Modify
Complaint (Docket No. 30, filed on 7/20/2012) as WITHDRAWN.
The court addresses the parties regarding the defendant’s MOTION to Strike #30 First MOTION
to Amend/Correct/Modify Complaint (Docket No. 33, filed on 7/22/2012).

For reasons as stated on the record,
ORDERED: The defendant’s MOTION to Strike #30 First MOTION to Amend/Correct/Modify
Complaint (Docket No. 33, filed on 7/22/2012) is MOOT.
The court addresses the parties regarding the plaintiff’s Second MOTION to Withdraw as Attorney
(Docket No. 34, filed on 7/23/2012) and the defendant’s RESPONSE to #34 Second MOTION to
Withdraw as Attorney (Docket No. 42, filed on 8/2/2012).
Mr. Abrams presents oral argument. Discussion between the court, Mr. Abrams, and Ms. Deitchman
regarding this motion, Rule 11, and Rule 11(b)(2). Mr Abrams makes an oral motion to take a quick
recess to confer with his client. The court grants the oral motion. Ms. Savage makes an oral motion
to be excused from the remainder of the hearing at the recess. The court grants Ms. Savage’s oral
motion.
Discussion between the court, Ms. Stuart, and Mr. Abrams regarding the defendant’s MOTION to
Enforce the Settlement Agreement Between Plaintiff and Bach Composite Colorado Inc. (Docket
No. 38, filed on 7/27/2012).
Court in recess:
Court in Session:

2:23 p.m.
3:01 p.m.

Mr. Abrams addresses the court regarding what his client wants to do with this case. Mr. Abrams
informs the court that Ms. Deitchman is willing to dismiss defendant Bach Composite of Colorado,
Inc. (“Bach”) from this lawsuit, without prejudice, with each side absorbing their own fees.
Ms. Stuart addresses the court regarding def Bach’s position to the plaintiff’s suggestion. Ms. Stuart
informs the court that Bach will still move forward with seeking recovery of their fees. Discussion
between the court and the parties regarding Rule 41, Rule 11, claims for relief stated in the
complaint, Rule 26(a)(1), and the plaintiff refiling a state court claim against Bach.
The court and the parties revisit the plaintiff’s Second MOTION to Withdraw as Attorney (Docket
No. 34, filed on 7/23/2012). Continued discussion between the court, Mr. Abrams, and Ms.
Deitchman regarding how to get this case moving forward or resolved.
4:20 p.m.

Off the record discussion.

ORDERED: The court DENIES the plaintiff’s Second MOTION to Withdraw as Attorney
(Docket No. 34, filed on 7/23/2012).
HEARING CONCLUDED.
Court in recess:
4:48 p.m.

Total time in court:

02:41

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.