In re: Vickery

Filing 34

ORDER: Within 21 days the parties shall either 1) file supplemental briefs addressing how the doctrine of collateral estoppel may apply with regard to the previous judgment and each of its component parts (i.e., each of the specific findings made by the jury including punitive damages); or 2) designate their briefs filed on summary judgment in the Bankruptcy Court as part of the record on appeal. by Chief Judge Marcia S. Krieger on 10/29/14. (msksec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 12-cv-01891-MSK
In re: TERRY KENNETH VICKERY
Debtor.
RICHARD K. DIAMOND, Chapter 7 Trustee for IVDS Interactive Acquisition Partners,
L.P., a Florida general partnership,
Plaintiff/Appellee,
v.
TERRY KENNETH VICKERY,
Defendant/Appellant.
ORDER
THIS MATTER comes before the Court sua sponte. In the appeal pending before this
Court, the parties raise, but only summarily address, the legal question of whether the doctrine of
collateral estoppel (issue preclusion) applies with regard to whether the jury’s findings and
resulting judgment rendered by the U.S. District Court for the Central District of California have
preclusive effect as to findings necessary to a determination of dischargeability under 11 U.S.C.
§ 523(a)(6). It appears, however, that the parties previously addressed such issue in briefing
pertinent to a dispositive motion that was denied. Such briefs have not been designated as part of
the record on appeal.
The Court therefore ORDERS that within 21 days that the parties either 1) file
supplemental briefs addressing how the doctrine of collateral estoppel may apply with regard to
the previous judgment and each of its component parts (i.e., each of the specific findings made

by the jury including punitive damages); or 2) designate their briefs filed on summary judgment
in the Bankruptcy Court as part of the record on appeal.
Dated this 29th day of October, 2014.
BY THE COURT:

Marcia S. Krieger
Chief United States District Judge