Niemi et al v. Burgess et al

Filing 169

MINUTE ENTRY for Motion Hearing held before Judge R. Brooke Jackson on 3/8/2013. It was ORDERED: Denying 52 Motion for Entry of Default; Finding as moot 57 Motion to Appoint Special Master; Denying 67 Motion to Dismiss for Lack of Jurisdict ion; Granting 68 Motion for Hearing/Conference; Granting 82 Motion to Compel; Finding as moot 101 Motion to Compel; Granting 152 Motion to Compel; he response shall be filed no later than March 22, 2013; Granting 153 Motion to Compel; Granting 159 Motion for Discovery. Show Cause Hearing regarding 83 set for 3/26/2013 9:00 AM in Courtroom A902 before Judge R. Brooke Jackson. Defendants to respond to the complaint no later than March 22, 2013. The Court will hold the defendant s in default if no response is filed by that date. Defendants to file a response/surreply to Plaintiffs Motion for Summary Judgment Against the Lasshofer Defendants and Credit Suisse AG # 151 no later than March 22, 2013. This motion will be held in abeyance and addressed at the March 26, 2013 hearing. 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 8, 2013 Civil Action No. 12-cv-00869-RBJ Parties: Counsel: JOHN NIEMI, ROBERT NAEGELE, III, and JESPER PARNEVIK, Christopher Madel Robert Miller Aaron Thom Plaintiffs, v. MICHAEL FRANK BURGESS, ERWIN LASSHOFER, INNOVATIS GMBH, INNOVATIS IMMOBILIEN GMBH, INNOVATIS ASSET MANAGEMENT SA, LEXINGTON CAPITAL & PROPERTY INVESTMENTS, LLC, BARRY FUNT, CREDIT SUISSE AG, Phillip Douglass and Kevin Evans Kathleen Craigmile Defendants. COURTROOM MINUTES MOTION HEARING Court in session: 9:00 a.m. Appearances of counsel. Mr. Miller advises the Court as to the status of the Tenth Circuit case. Court addresses the parties regarding Plaintiffs’ Request for Entry of Default Against Defendants Erwin Lasshofer, Innovatis GMBH, Innovatis Immobilien GMBH, and Innovatis Asset Management, SA, Pursuant to Rule 55(a) #[52]. Mr. Madel and Mr. Evans respond to the Court’s inquiry. Mr. Madel moves to withdraw Plaintiffs’ Motion for Appointment of Special Master #[57]. Court addresses the parties regarding jurisdiction. Argument by Mr. Douglass and Mr. Madel as to The Innovatis Defendants’ Rule 12(b) Motion to Dismiss #[67]. Argument by Mr. Madel and Mr. Evans as to Plaintiffs’ Motion to Compel Discovery or for In Camera Review of Documents #[82] and Plaintiffs’ Motion for Contempt and Sanctions #[83] . Argument by Mr. Miller as to Plaintiffs’ Motion for Contempt and Sanctions #[83]. Ms. Craigmile addresses the Court regarding Plaintiffs’ Motion to Compel Nominal Defendant Credit Suisse AG and the Lasshofer Defendants to Answer Question #[101]. Mr. Madel moves to withdraw Plaintiffs’ Motion to Compel Nominal Defendant Credit Suisse AG and the Lasshofer Defendants to Answer Question #[101]. Mr. Evans, Mr. Madel and Ms. Craigmile address the Court regarding Plaintiffs’ Motion for Summary Judgment Against the Lasshofer Defendants and Credit Suisse AG #[151]. Mr. Madel addresses the Court regarding Plaintiffs’ Motion for Limited Discovery #[159]. For the reasons as stated on the record, it is: ORDERED: Plaintiffs’ Request for Entry of Default Against Defendants Erwin Lasshofer, Innovatis GMBH, Innovatis Immobilien GMBH, and Innovatis Asset Management, SA, Pursuant to Rule 55(a) #[52] is DENIED. ORDERED: Plaintiffs’ Motion for Appointment of Special Master #[57] is MOOT. ORDERED: The Innovatis Defendants’ Rule 12(b) Motion to Dismiss #[67] is DENIED. ORDERED: Defendants to respond to the complaint no later than March 22, 2013. The Court will hold the defendants in default if no response is filed by that date. ORDERED: Plaintiffs’ Motion for Oral Argument #[68] is GRANTED. ORDERED: Plaintiffs’ Motion to Compel Discovery or for In Camera Review of Documents 2 #[82] is GRANTED. ORDERED: A Show Cause Hearing as to Plaintiffs’ Motion for Contempt and Sanctions #[83] is set March 26, 2013 at 9:00 a.m. The motion will be held in abeyance pending the hearing. ORDERED: Plaintiffs’ Motion to Compel Nominal Defendant Credit Suisse AG and the Lasshofer Defendants to Answer Question #[101] is MOOT. ORDERED: Defendants to file a response/surreply to Plaintiffs’ Motion for Summary Judgment Against the Lasshofer Defendants and Credit Suisse AG #[151] no later than March 22, 2013. This motion will be held in abeyance and addressed at the March 26, 2013 hearing. ORDERED: Plaintiffs’ Motion to Compel the Lasshofer Defendants to Respond to Plaintiffs’ First Set of Interrogatories and Requests for Production of Documents #[152] is GRANTED. The response shall be filed no later than March 22, 2013. ORDERED: Plaintiffs’ Motion to Compel the Lasshofer Defendants to Participate in Fed.R.Civ.P. 26(f) Conference #[153] is GRANTED. ORDERED: Plaintiffs’ Motion for Limited Discovery #[159] is GRANTED. Court in recess: 9:59 a.m. Hearing concluded. Total time: 00:59 3

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