Colorado Casualty Insurance Company v. Infinity Land Corporation et al

Filing 181

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Motion Hearing held on 8/12/2015. Granting in part and taking under advisement in part 103 Motion for Summary Judgment. Taking under advisement 146 Motion for Partial Summary Judgment. Court indicates a written order shall follow. Court Reporter: Mary George. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Mary George

Date: August 12, 2015

Civil Action No: 12-cv-02748-WYD-NYW

Counsel:

COLORADO CASUALTY INSURANCE
COMPANY, a New Hampshire
corporation,

Amy M. Samberg
Bethany A. Gorlin

Plaintiff,
v.
INFINITY LAND CORPORATION, a
dissolved Colorado corporation;
H2 LAND CO, LLC, a dissolved Colorado
limited liability company;
HOWARD FAMILY INVESTMENTS, LLC, a
dissolved Colorado limited liability
company;
JONATHAN HOWARD;
PAUL HOWARD;
KF 103 CV, LLC, a Colorado limited
liability company;
WILLIAM MARCHANT;
MAUREEN M. MARCHANT;
MARILYN J. HOWELL, as Trustee of the
MARILYN J. HOWELL TRUST;
C. ARLENE NANCE; and
WILLIAM PECK,

Bradley A. Levin
Kerri J. Atencio

Defendants.

COURTROOM MINUTES

MOTION HEARING
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1:34 p.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.

1:35 p.m.

Discussion regarding case in El Paso County District Court that is still pending.
Plaintiff Colorado Casualty Insurance Company's Motion for Summary Judgment
[ECF Doc. No. 103], filed September 11, 2014, and Infinity Defendants'
Cross-motion for Partial Summary Judgment [ECF Doc. No. 146], filed April 15,
2015, are raised for argument.

1:37 p.m.

Argument by Plaintiff by Ms. Samberg.

1:39 p.m.

Argument by Defendant by Ms. Atencio.

1:40 p.m.

Argument by Plaintiff by Ms. Samberg.

2:05 p.m.

Argument by Defendant by Ms. Atencio.

2:54 p.m.

Court in Recess

3:13 p.m.

Court in Session

3:13 p.m.

Argument by Defendant by Ms. Atencio.

3:16 p.m.

Argument by Plaintiff by Ms. Samberg.

3:25 p.m.

Argument by Defendant by Ms. Atencio.

ORDERED:

Plaintiff Colorado Casualty Insurance Company’s Motion for Summary Judgment
[ECF Doc. No. 103], filed September 11, 2014, is GRANTED IN PART and
TAKEN UNDER ADVISEMENT IN PART. The motion is GRANTED to the
extent that Defendants have conceded that H2 Land Co., LLC and Howard
Family Investments, LLC are not entitled to a duty to defend. The motion is
TAKEN UNDER ADVISEMENT in all other aspects.

ORDERED:

Infinity Defendants’ Cross-motion for Partial Summary Judgment [ECF Doc. No.
146], filed April 15, 2015, is TAKEN UNDER ADVISEMENT.

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Court indicates a written order shall follow.
3:30 p.m.

Court in Recess - HEARING CONCLUDED.

TOTAL TIME: 1:37

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