Shaw v. Interthinx, Inc. et al

Filing 105

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Evidentiary Hearing held on 10/1/2013. 37 Defendant Jeffrey Moyer'S Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(B)( 2) for Lack of Personal Jurisdiction is DENIED without prejudice as moot. 38 Defendants' Motion to Dismiss Plaintiff's Second Claim for Relief is DENIED without prejudice as moot. 64 Defendants' Motion for Order to Show Cause and Motion to Strike Consent-to-Sue Forms is TAKEN UNDER ADVISEMENT. FTR: BNB Courtroom A401. (Attachments: # 1 Defendants' Exhibit List, # 2 Defendants' Witness List, # 3 Plaintiffs' Witness List) (bnbcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE BOYD N. BOLAND Civil Action: Courtroom Deputy: 13-cv-1229-REB-BNB Julie Dynes Date: October 1, 2013 FTR: BNB COURTROOM A-401 Parties Attorney(s) CELESTE SHAW JUDITH VERKEECKE Paul F. Lewis Michael D. Kuhn Andrew E. Swan Plaintiff(s) v. INTERTHINX, INC VERISK ANALYTICS, INC JEFFRY MOYER Peter F. Munger Nicky Jatana Nicholas A. Murray Leila Nourani Defendant(s) COURTROOM MINUTES EVIDENTIARY HEARING Court in Session: 12:59 p.m. Appearance of counsel. Discussion held on pending motions. By agreement of the parties, it is ORDERED: [37] Defendant Jeffrey Moyer’s Motion to Dismiss Plaintiff’s Complaint Pursuant to Fed. R. Civ. P. 12(B)(2) for Lack of Personal Jurisdiction is DENIED without prejudice as moot. [38] Defendants’ Motion to Dismiss Plaintiff’s Second Claim for Relief is DENIED without prejudice as moot. Defendants' witness, Peter Munger, called and sworn. 1:35 p.m. Direct examination of Mr. Munger by Ms. Jatana. 1:37 p.m. Cross examination of Mr. Munger by Mr. Lewis. Defendants' witness, Judith Verheecke, called and sworn. 1:39 p.m. Direct examination of Ms. Verheecke by Mr. Munger. Exhibits L1, L32, L33 and L34 are admitted. 2:20 p.m. Cross examination of Ms. Verheecke by Mr. Kuhn. 2:32 p.m. 2:46 p.m. Court in recess. Court in session. Defendants’ witness, Celeste Shaw, called and sworn. 2:47 p.m. Direct examination of Ms. Shaw by Ms. Jatana. Exhibits L36, L47, L52, L21, L51, L50, L49, L40, L6, L7, L39, L45, and O are admitted. 3:52 p.m. Cross examination of Ms. Shaw by Mr. Kuhn. 4:08 p.m. 4:21 p.m. Court in recess. Court in session. Defendants’ witness, Jerry Ray McMinn, called and sworn. 4:22 p.m. Direct examination of Mr. McMinn by Ms. Nourani. Exhibits L1A, L8, L11, and L4 are admitted. 4:32 p.m. Cross examination of Mr. McMinn by Mr. Lewis. 4:32 p.m. Re-direct examination of Mr. McMinn by Ms. Nourani. Request by defense to call another witness is refused, the court notes the defendants are out of time. ORDERED: [64] Defendants’ Motion for Order to Show Cause and Motion to Strike Consent-to-Sue Forms is TAKEN UNDER ADVISEMENT. Written order, recommendation, or request for further briefing to issue. Court in Recess: 4:36 p.m. Hearing concluded. Total time in Court: 03:11 * To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119

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