Bourret v. Aspect Energy, LLC et al

Filing 106

Courtroom Minutes for Motion Hearing held on 4/22/2014 before Judge Richard P. Matsch. ORDERED: Defendants' Motion to Strike Jury Demand 86 , is denied. Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendants' Motion to Strike Jury Demand 95 , is moot. Defendants' Motion to Exclude Expert Testimony of Douglas Osterhus 92 , is granted. Defendants' Motion to Exclude Expert Testimony of Jeff Compton 93 , is granted in part and denied in part as stated on record (full scope of admissibility to be determined after further briefing. Defendants' Motion to Strike Designation of Plaintiff Jacques Bourret as a Non-Retained Expert Witness 94 , is granted in part as Mr. Bourret will not be d esignated as an expert and denied with respect to all further testimony from Mr. Bourret as to be ruled on during the course of taking his testimony. Plaintiff's Motion to Dismiss 90 , is granted in part, denied in part and withdrawn (by coun sel) in part as stated on record. Counsel shall file briefs on contract interpretation issues. Defendants' motion on fraud claim and "what is the project" is due by May 2, 2014. Plaintiff's motion on "future cash flow" is due by May 2, 2014. Parties' responses due 10 days after filings of motions.FTR: K. Terasaki. (jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
April 22, 2014
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 12-cv-03320-RPM
JACQUES BOURRET,

Frances A. Koncilja
Richard P. Yetter

Plaintiff,
v.
ASPECT MANAGEMENT CORP.,
ASPECT HOLDINGS, LLC,
ASPECT ENERGY, LLC, and
ASPECT ENERGY INT.L, LLC,

Peter G. Koclanes
Gordon W. Netzorg

Defendants.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Hearing on Pending Motions
1:55 p.m.

Court in session.

Court’s preliminary remarks and statements on the pending motions.
ORDERED:

Defendants’ Motion to Strike Jury Demand [86], is denied.
Plaintiff’s Motion for Leave to File Sur-Reply in Opposition to Defendants’ Motion
to Strike Jury Demand [95], is moot.

Mr. Yetter answers questions asked by the Court regarding plaintiff’s fraud claim.
Argument by Mr. Koclanes.
Argument by Mr. Yetter.
Rebuttal argument by Mr. Koclanes.
ORDERED:

Defendants’ Motion to Exclude Expert Testimony of Douglas Osterhus [92], is
granted.
Defendants’ Motion to Exclude Expert Testimony of Jeff Compton [93], is granted
in part and denied in part as stated on record (full scope of admissibility to be
determined after further briefing.

April 22, 2014
12-cv-03320-RPM
Defendants’ Motion to Strike Designation of Plaintiff Jacques Bourret as a
Non-Retained Expert Witness [94], is granted in part as Mr. Bourret will not be
designated as an expert and denied with respect to all further testimony from
Mr. Bourret as to be ruled on during the course of taking his testimony.
Further argument by Mr. Koclanes.
ORDERED:

Plaintiff’s Motion to Dismiss [90], is granted in part, denied in part and withdrawn
(by counsel) in part as stated on record.

ORDERED:

Counsel shall file briefs on contract interpretation issues.
Defendants’ motion on fraud claim and “what is the project is due by May 2, 2014.
Plaintiff’s motion on “future cash flow” is due by May 2, 2014.
Parties responses due 10 days after filings of motions.

3:06 p.m.

Court in recess.

Hearing concluded. Total time: 1 hr. 11 min.

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