General Steel Domestic Sales, LLC v. Chumley et al

Filing 605

MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 1/14/2016. re: 173 APPEAL OF MAGISTRATE JUDGE DECISION to District Court. The Court sustains the determination and recommendation of the Magistrate Judge an d overrules Armstrongs objections in all regards. 569 APPEAL OF MAGISTRATE JUDGE DECISION to District Court is GRANTED in part and DENIED in part. The Court affirms the Magistrate Judges denial of General Steels motion and sustains General Stee ls Objections and vacates that portion of the Magistrate Judges order (Doc. #566) granting sanctions against General Steel. 571 Motion to Clarify is GRANTED to the extent the Court has clarified its summary judgment ruling; 582 Motion to Bifur cate is DENIED. Revised Proposed Pretrial Order, Witness and Exhibit Lists due by 2/16/2016. Jury Trial (2 weeks) set for 6/20/2016 -6/24/2016; 6/27/2016 - 7/1/2016 08:30 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Court Reporter: Terri Lindblom. (pglov)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputy:
Court Reporter:

Patricia Glover
Terri Lindblom

Date: January 14, 2016

Civil Action No. 13-cv-00769-MSK-KMT
Parties:

Counsel Appearing:

GENERAL STEEL DOMESTIC SALES, LLC,

David Fein
Adam Bialek
Henry Solano
Patrick Frye

Plaintiff,
v.
ETHAN DANIEL CHUMLEY,
ATLANTIC BUILDING SYSTEMS, LLC,
GOTTFRID SWARTHOLM, AND
PRQ INTERNET KOMMANDITBOLAG (LIMITED
PARTNERSHIP),
Defendants.
and
ETHAN DANIEL CHUMLEY, and
ATLANTIC BUILDING SYSTEMS, LLC,
Counterclaim/Third-Party Plaintiff
v.
GENERAL STEEL DOMESTIC SALES, LLC, and
JEFFREY KNIGHT,
Counterclaim/Third-party Defendants.

COURTROOM MINUTES
HEARING:

Final Pretrial Conference.

Mark Baird
Kenneth Stalzer
Craig May

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 2
1:08 p.m.

Court in session.

Parties are present. Jeffrey Knight is present on behalf of plaintiff and Eric Beavers as
representative of defendant Atlantic.
PENDING MOTIONS.
The Court address Defendants’ Objections to the Magistrate Judge’s denial of Armstrong’s
Motion to Compel (Doc. #173).
ORDER:

The Court sustains the determination and recommendation of the Magistrate
Judge and overrules Armstrong’s objections in all regards.

The Court addresses Plaintiff’s Objections to the Magistrate Judge’s Order denying General
Steel’s Motion for an Order to Show Cause (Doc. #569)
ORDER:

The Court affirms the Magistrate Judge’s denial of General Steel’s motion and
sustains General Steel’s Objections and vacates that portion of the Magistrate
Judge’s order (Doc. #566) granting sanctions against General Steel.

The Court addresses Defendants’ Motion to Clarify the Court’s summary judgment ruling (Doc.
#571)
ORDER:

Defendants’ Motion to Clarify the Court’s summary judgment ruling (Doc. #571)
is GRANTED to the extent the Court has clarified its summary judgment ruling,
but the Court finds that Armstrong may not proceed on a false advertising claim
relating to either the sales representatives’ statements or the “Fraudulent Steel”
brochure.

The Court addresses Plaintiff’s Motion to Bifurcate (Doc. #582)
ORDER:

Plaintiff’s Motion to Bifurcate (Doc. #582) is DENIED.

The Court addresses anticipated motions and special issues set forth in the Proposed Final
Pretrial Order. The Court’s findings and/or rulings are as reflected on the record.
Review of the proposed final pretrial order - matters addressed:

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 3
Claims
Defenses
Stipulations of Fact
Witness List
Exhibit List
Anticipated motions
Trial length, trial process, evidentiary issues and any questions posed by counsel.
The Court addresses the options of either setting the matter for trial or retaining, at the parties’
own expense, a Special Master to assist them with the issues as set forth on the record.
3:15 p.m.
3:30 p.m.

Court in recess
Court in session

The parties cannot agree on how to proceed. The Court will set the matter for trial.
ORDER:

Jury Trial (2 weeks) is set to commence on June 20 through the week of June
27, 2016 at 8:30 a.m., in Courtroom A901, 901 19th Street, Denver. CO. Trial
will run Monday-Friday. The parties are allotted a total amount of 52 hours ( 26
hours of time each side) to use however they wish (opening/closing arguments,
evidence presentation). The time is tracked on a chess clock by the Courtroom
Deputy.

ORDER:

Revised final pretrial order, witness and exhibit lists to be submitted by
February 16, 2016. Trial briefs (simultaneous), if any, will be filed 10 days

before trial.
3:58 p.m.

Court in recess.

Total Time: 2 hours 35 minutes.
Hearing concluded.