Pioneer Centres Holding Company Employee Stock Ownership Plan and Trust, The v. Alerus Financial, N.A. et al

Filing 97

MINUTE ENTRY for Motion Hearing proceedings held before Magistrate Judge Boyd N. Boland on 4/9/2013. Granting in part and Denying in part 65 Motion to Amend/Correct/Modify; It is RECOMMENDED that 65 be DENIED insofar as it seeks to add a praye r. ORDERED: Plaintiff shall submit a Revised Second Amended complaint by 4/23/2013. Defendants shall respond by 5/3/2013. GRANTING 88 ; GRANTING 83 ; GRANTING 85 . ORDERED: Deadline for Richard Eason to respond to Alerus Financial, N.A.'s Third-Party Complaint and Counterclaims is extended to 4/17/2013. FTR: B. Abiakam. (babia)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE BOYD N. BOLAND

Civil Action:
Courtroom Deputy:

12-cv-02547-MSK-BNB
Bernique Abiakam

Date: April 9, 2013
FTR: BNB COURTROOM A-401

Parties

Attorney(s)

THE PIONEER CENTRES HOLDING COMPANY
EMPLOYEE STOCK OWNERSHIP PLAN AND
TRUST,
Plaintiff

Bruce E. Rohde
David R. Eason

v.
ALERUS FINANCIAL, NA, and
BERENBAUM WEINSHIENK, PC

Steven L. Severson
Robert E. Youle
Reed W. Morgan

Defendants

RICHARD EASON,
MATTHEW BREWER,
SUSAN DUKES, and
ROBERT JENSEN,

Darrell G. Waas
James M. Miletich
Patricia C. Campbell

Third Party Defendants.

COURTROOM MINUTES

MOTIONS HEARING
Court in Session: 1:33 p.m.
Court calls case. Appearances of counsel.
Preliminary remarks by the Court.

ORDERED: Motion To Withdraw As Attorneys Of Record (Filed 4/9/13; Doc. No. 88) is
GRANTED.
Argument presented on [Doc. No. 65] Motion to Amend and Join.
1:35 p.m.

Argument by Mr. Rohde.

2:21 p.m.

Argument by Mr. Youle.

2:37 p.m.

Argument by Mr. Severson.

2:51 p.m.

Rebuttal argument by Mr. Rohde.

3:02 p.m.

Comments and rulings by the Court.

ORDERED: Motion to Amend and Join (Filed 3/1/13; Doc. No. 65) is GRANTED in part
and DENIED in part, as specified.
It is RECOMMENDED that the Motion to Amend and Join (Filed 3/1/13;Doc No. 65) be
DENIED insofar as it seeks to add a prayer.
ORDERED: Plaintiff shall submit a Revised Second Amended Complaint, as specified, on
or before April 23, 2013. Defendants shall respond on or before May 3, 2013.
Argument presented on [Doc. No. 83] Motion to Amend Scheduling Order.
3:12 p.m.

Argument by Mr. Waas.

3:17 p.m.

Argument by Mr. Miletich.

3:19 p.m.

Comments and rulings by the Court.

ORDERED: Motion For Status Conference re: Amendments to Scheduling Order (Filed
4/8/13; Doc. No. 83) is GRANTED.
Discovery cut-off: November 29, 2013.
The dispositive motion deadline: December 30, 2013.
Parties shall designate all experts no later than: October 1, 2013.
Parties shall designate all rebuttal experts no later than: November 1, 2013
Rule 26(a)(1) disclosures is extended to May 8, 2013.

Responses to discovery pending is extended to April 23, 2013.
ORDERED: Third Part Defendant Richard Eason’s Unopposed Motion For Extension Of
Time to Serve Rule 26(a)(1) Disclosures (Filed 4/8/13; Doc. No. 85) is
GRANTED.
ORDERED: Deadline for Richard Eason to respond to Alerus Financial, N.A.’s ThirdParty Complaint And Counterclaims is extended to April 17, 2013.
Court in Recess: 3:21 p.m.

Hearing concluded.

Total time in Court: 01:48