General Steel Domestic Sales, LLC v. Chumley et al

Filing 93

COURTROOM MINUTES for Motion Hearing held on 10/24/2013 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff's Unopposed Motion for Leave to Amend Complaint 83 is DENIED WITHOUT PREJUDICE. Plaintiff is directed to file an amen ded complaint with the court previous order and without any new counts, as discussed on record, on or before November 7, 2013. Defendants are directed to file an answer, or other responsive pleading, to the amended complaint, with their countercla ims, on or before December 2, 2013. As to Third Party Defendants, an answer or other responsive pleading to either the current counter claims or the amended counter claims will be due on or before December 2, 2013. Plaintiff's Motion for De fault Judgment Against Defendants PRQ and Swartholm 55 is DENIED WITHOUT PREJUDICE. A Scheduling Conference is set for January 14, 2014 at 9:30 a.m. in Courtroom C- 201, Second Floor, of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado. 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-00769-MSK-KMT
Sabrina Grimm

Date: October 24, 2013
FTR: Courtroom C-201

Parties:

Counsel:

GENERAL STEEL DOMESTIC SALES, LLC, d/b/a
GENERAL STEEL CORPORATION, a Colorado
limited liability company,

David Fein
Patrick Frye

Plaintiff,
v.
ETHAN DANIEL CHUMLEY,
ATLANTIC BUILDING SYSTEMS, LLC, a Delaware
corporation, doing business as ARMSTRONG STEEL
CORPORATION,
PRQ INTERNET KOMMANDITBOLAG (LIMITED
PARTNERSHIP) doing business as PRQ INET KB, and
GOTTFRID SWARTHOLM, individually,

Paul Grant
Peter Lemire

Defendants.

COURTROOM MINUTES

MOTIONS HEARING
10:26 a.m.

Court in session.

Court calls case. Appearances of counsel.
Court states its understanding of the issue.
Mr. Fein informs the Court that Plaintiff is not seeking special damages and therefore filed the
Motion to Amend [83]. They wish to add exemplary damages to the complaint.
Discussion regarding discovery, initial disclosures, and document requests pertaining to
exemplary damages. Mr. Grant states documents have not been produced with respect to
exemplary damages.
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Discussion regarding third party complaint [90], Plaintiff’s motion for default judgment [55], and
service of amended complaint to Defendants PRQ and Swartholm.
Mr. Fein agrees to accept service on behalf of Third Party Defendant Jeffrey Knight, CEO for
General Steel, named in the third party complaint [90].
Court notes that Jeffrey Knight is the CEO for Plaintiff General Steel and, due to the agreement
for acceptance of service, the Court finds response dates can be set at this time because all parties
understand that at least one Amended Complaint will be filed pursuant to court order.
ORDERED: Plaintiff’s Unopposed Motion for Leave to Amend Complaint [83] is
DENIED without prejudice.
ORDERED: Plaintiff is directed to file an amended complaint with the court previous
order and without any new counts, as discussed on record, on or before
November 7, 2013. Defendants are directed to file an answer, or other
responsive pleading, to the amended complaint, with their counterclaims, on
or before December 2, 2013.
ORDERED: As to Third Party Defendants, an answer or other responsive pleading to
either the current counter claims or the amended counter claims will be due
on or before December 2, 2013.
ORDERED: Plaintiff’s Motion for Default Judgment Against Defendants PRQ and
Swartholm [55] is DENIED WITHOUT PREJUDICE. Plaintiff may file a
renewed motion for default judgment, if they so choose, addressing the issues
of service with respect to the anticipated amended complaint on or before
November 18, 2013.
ORDERED: A Scheduling Conference is set for January 14, 2014 at 9:30 a.m. in
Courtroom C-201, Second Floor, of the Byron Rogers U.S. Courthouse, 1929
Stout Street, Denver, Colorado.
Court undertakes an informal discovery conference with respect to Plaintiff’s Motion to Compel
Discovery Responses Pursuant to Rule 37(a), Fed. R. Civ. P. [86], protective order regarding
employee list, narrowing scope of request, production of redacted financial records and bank
statements designated as “attorneys eyes only”, and discovery requests pertaining to Plaintiff’s
financial records.
11:46 a.m.

Court in recess.

Hearing concluded.
Total in-court time 01:20
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*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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