Brumfeil v. U.S. Bank et al

Filing 93

MINUTE ENTRY for Hearing on Motion for Temporary Restraining Order held before Judge William J. Martinez on May 6, 2013. ORDERED: The parties have a week from today to file any Suggestion of Recusal. ORDERED: Mr. Vaglica shall file on CM/ECF , by Wednesday, May 8, 2013, a copy of the original Note and Deed of Trust. ORDERED: Taking this matter as a motion for an interim preliminary injunction, 82 ,the Motion is GRANTED. The public trustee is enjoined from taking any steps to effect a foreclosure sale going forward this Wednesday. No such sale will be held between now and 14 days from today, May 20th, 2013. A written order will issue setting forth the Court's findings and conclusions. ORDERED: A full hearing on the mot ion for a preliminary injunction is set Wednesday, May 15th, 2013 at 9:00 a.m. in Courtroom A801 before Judge William J. Martinez. All personal defendants shall be present at this hearing with counsel, to include Ms. Mares, Mr. Castle and Mr. Hopp. Agents who would qualify as Rule 30(b)(6) agents for U.S. Bank and the Defendant Trust shall also be present. ORDERED: Plaintiff shall appear in this Court's chambers tomorrow at 9:00 a.m. to sign an unsecured bond in the amount of $1,250.00. Hearing concluded. Court Reporter: Gwen Daniel. (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Deborah Hansen
Court Reporter: Gwen Daniel

Date: May 6, 2013

_____________________________________________________________________
Civil Action No. 12-cv-02716-WJM

Counsel:

LISA KAY BRUMFIEL,

pro se

Plaintiff,
v.
U.S. BANK, et al.,
Defendants.

Sean M. Hanlon
Phillip A. Vaglica
Christopher T. Groen

___________________________________________________________________
COURTROOM MINUTES
________________________________________________________________________
HEARING - MOTION FOR TEMPORARY RESTRAINING ORDER
01:00 p.m. Court in Session
Appearances
Court’s comments
Court’s disclosure to the parties of the Court’s relationship with Public Trustee Cynthia
Mares
Court’s comments
ORDERED: The parties have a week from today to file any Suggestion of
Recusal.
Court’s comments
01:08 Argument by Ms. Brumfiel

(Document tendered to the Court. The Court tells Ms. Brumfiel to file the document
after the hearing.)
Court’s comments
Colloquy between the Court and Plaintiff
01:36 Argument by Mr. Hanlon
Colloquy between the Court and Mr. Hanlon
02:09 Argument by Mr. Vaglica
Court’s comments
ORDERED: Mr. Vaglica shall file on CM/ECF, by Wednesday, May 8, 2013, a copy
of the original Note and Deed of Trust.
Colloquy between the Court and Plaintiff
02:46 Argument by Mr. Groen
Colloquy between the Court and Plaintiff
02:49 Court in Recess
03:13 Court in Session
Court’s findings and conclusions on the record
ORDERED: Taking this matter as a motion for an interim preliminary injunction,
the Motion is GRANTED. The public trustee is enjoined from taking
any steps to effect a foreclosure sale going forward this Wednesday.
No such sale will be held between now and 14 days from today, May
20th, 2013. A written order will issue setting forth the Court’s
findings and conclusions.
ORDERED: A full hearing on the motion for a preliminary injunction is set
Wednesday, May 15th, 2013 at 9:00 a.m. All personal defendants
shall be present at this hearing with counsel, to include Ms. Mares,
Mr. Castle and Mr. Hopp. Agents who would qualify as Rule 30(b)(6)
agents for U.S. Bank and the Defendant Trust shall also be present.
ORDERED: Plaintiff shall appear in this Court’s chambers tomorrow at 9:00 a.m.
to sign an unsecured bond in the amount of $1,250.00.

03:23 p.m.

Court in Recess
Hearing concluded
Time: 1:59