Banner Realty Group Ltd. v. Blue Ridge Invvestments, Ltd.

Filing 24

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 9/4/2012. The 18 Motion to Amend/Correct/Modify is WITHDRAWN. The plaintiff shall file its unopposed motion to amend on or before September 7, 2012. The parties shall file their joint motion to remand to state court no later than September 11, 2012. No discovery deadlines shall be set until the motion to remand has been ruled on. FTR: Robin Mason. (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 12-cv-01729-PAB-CBS
Date: September 4, 2012

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

Parties:

Counsel:

BANNER REALTY GROUP LTD.,

Brian Herbert Wilson , Jr.

Plaintiff,

v.
BLUE RIDGE INVESTMENTS, LTD., et al.,

Ryan Mackenzie Jarvis
Steven M. Beattie
Jeffrey O. McAnallen

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session:
9:17 a.m.
Court calls case. Appearances of counsel.
The court addresses the parties regarding the plaintiff’s First MOTION to
Amend/Correct/Modify #3 Complaint (Docket No.18, filed on 8/2/2012) and the defendant’s
BRIEF in Opposition to #18 First MOTION to Amend/Correct/Modify #3 Complaint (Docket
No. 21, filed on 8/8/2012).
Discussion between the court and Mr. Wilson regarding how the plaintiff’s First MOTION to
Amend/Correct/Modify #3 Complaint (Docket No.18, filed on 8/2/2012) will impact moving this
case forward. Mr. Wilson informs the court that he feels that the motion is now moot as a result
of the defendant’s MOTION to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Rule
12(b)(1), Fed.R.Civ.P. (Docket No. 17, filed on 8/1/2012). Mr. Wilson makes an oral motion to
withdraw the plaintiff’s First MOTION to Amend/Correct/Modify #3 Complaint (Docket No.18,
filed on 8/2/2012). The court grants Mr. Wilson’s oral motion.
ORDERED: The plaintiff’s First MOTION to Amend/Correct/Modify #3 Complaint (Docket
No.18, filed on 8/2/2012) shall be WITHDRAWN.
Further discussion regarding the defendant’s MOTION to Dismiss for Lack of Subject Matter

Jurisdiction Pursuant to Rule 12(b)(1), Fed.R.Civ.P. (Docket No. 17, filed on 8/1/2012) and the
plaintiff’s RESPONSE to #17 MOTION to Dismiss for Lack of Subject Matter Jurisdiction
Pursuant to Rule 12(b)(1), Fed.R.Civ.P. (Docket No. 22, filed on 8/22/2012). Discussion
regarding which defendants the plaintiff plans to move forward with in this lawsuit.
ORDERED: The plaintiff shall file its unopposed motion to amend on or before September 7,
2012. The parties shall file their joint motion to remand to state court no later
than September 11, 2012. No discovery deadlines shall be set until the motion
to remand has been ruled on.
HEARING CONCLUDED.
Court in recess:
Total time in court:

9:30 a.m.
00:13

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