Bingham et al v. FIML Natural Resources, LLC et al

Filing 77

COURTROOM MINUTES for Motion Hearing held on 1/14/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiffs' Motion for Discovery 63 is HELD IN ABEYANCE. Defendants' Motion to Stay Discovery 66 is GRANTED. Discovery is stay ed until March 31, 2014 or until District Judge Arguello rules on Defendants' pending Motion to Dismiss Third Amended Complaint Pursuantto Fed. R. Civ. P. 12(b)(6) 46 , whichever comes sooner. To the extent theruling by Judge Arguello on Defend ants' Motion to Dismiss Third AmendedComplaint 46 occurs prior to March 31, 2014, and any part of the caseremains pending, the parties are directed to file a Status Report within 5days of that decision requesting a further hearing or ruling on the recordalready made concerning Plaintiffs' Motion for Discovery 63 . FTR: S. Grimm. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

13-cv-00167-CMA-KMT
Sabrina Grimm

Date: January 14, 2014
FTR: Courtroom C-201

Parties:

Counsel:

MARK D. BINGHAM,
TONY W. CHURCH,
JEFFERY C. DELANEY,
ANNETTE M. MONTOYA,
RICK L. PARKS,
AMBER D. SHETTRON,
STEWART G. SQUIRES, and
CHARLES L. ZORIO,

Jason Lynch
Mark Premo-Hopkins
Tess Hand-Bender

Plaintiffs,
v.
FIML NATURAL RESOURCES, LLC,
DEVONSHIRE INVESTORS (DELAWARE), LLC,
AMENDED AND REINSTATED FIML NATURAL
RESOURCES PHANTOM CARRIED INTEREST
PLAN, and
BOARD OF DIRECTORS OF FIML NATURAL
RESOURCES, LLC,

Maureen Witt
Michael Beaver

Defendants.

COURTROOM MINUTES

MOTION HEARING
1:19 p.m.

Court in session.

Court calls case. Appearances of counsel.
Discussion and argument regarding stay on discovery, defendants’ pending motion to dismiss
[46], allegations of incomplete administrative record, alleged procedural irregularities, conflict of
interest issues, written discovery requests, and depositions.

Mr. Lynch tenders exhibits FIMLNR0000500 and a demonstrative exhibit to the Court.
Plaintiff’s Exhibit 1 (demonstrative exhibit) is accepted for purposes of this hearing. The court
notes that Defendants disagree that the structural representation in Exhibit 1 is accurate.
ORDERED: Plaintiffs’ Motion for Discovery [63] is HELD IN ABEYANCE.
ORDERED: Defendants’ Motion to Stay Discovery [66] is GRANTED. Discovery is
stayed until March 31, 2014 or until District Judge Arguello rules on
Defendants’ pending Motion to Dismiss Third Amended Complaint Pursuant
to Fed. R. Civ. P. 12(b)(6) [46], whichever comes sooner. To the extent the
ruling by Judge Arguello on Defendants’ Motion to Dismiss Third Amended
Complaint [46] occurs prior to March 31, 2014, and any part of the case
remains pending, the parties are directed to file a Status Report within 5
days of that decision requesting a further hearing or ruling on the record
already made concerning Plaintiffs’ Motion for Discovery [63].
2:49 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:30
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].