Hunter Douglas, Inc. et al v. Nien Made Enterprise Co. Ltd. et al

Filing 91

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Telephonic Status Conference held on 2/4/2014. Withdrawing 31 Motion to Dismiss; Granting 77 78 79 and 80 Motion for Leave to File Second Amended Complaint. Second Amended Complaint is accepted for filing. Telephonic Status Conference set for 4/15/2014 09:30 AM before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-01412-MSK-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

February 04, 2014

Counsel

Parties
HUNTER DOUGLAS, INC., and
ANDREW J. TOTI TESTAMENTARY TRUST,

Miranda C. Rogers

Plaintiff(s),
v.
NIEN MADE ENTERPRISE CO. LTD.,
NORMAN INTERNATIONAL, INC.,
NORMAN INTERNATIONAL COLORADO, LLC,
RICHFIELD WINDOW COVERINGS, INC.
d/b/a NIEN MADE U.S.A., and
GLOBAL CUSTOM COMMERCE, INC.
d/b/a BLINDS.COM,

Kourtney M. Merrill

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
TELEPHONIC STATUS CONFERENCE
Court in Session:
10:31 a.m.
Court calls case. Appearances of counsel. Also on the conference call for Plaintiffs is
Kristopher Reed, and for Defendants is Douglas Sawyer.
Discussion is held regarding status of the case and pending motions.
It is noted that due to the volume of the motion, Plaintiffs’ Motion for Leave to File Second
Amended Complaint is filed in increments under 4 different docket entries. Defendants advise
the Court they take no position as to the filing of the motion.
It is ORDERED:

Plaintiffs’ MOTION FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT [Docket No. 77, 78, 79, and 80 filed December 30, 2013] is
GRANTED for reasons as set forth on the record.
Plaintiffs’ SECOND AMENDED COMPLAINT is accepted for filing as of
FEBRUARY 04, 2014.

The Clerk of the Court is directed to file Plaintiffs’ Second Amended Complaint which consists of
the following entries:

Docket Entry attachments 77-1 through 77-8:
Exhibit 1, Second Amended Complaint
Exhibit A, Part 1, Part 2, Part 3, Part 4, and Part 5
Exhibit B, Part 1, and Part 2
Docket Entry attachments 78-1 through 78-4
Exhibit B, Part 3, Part 4, Part 5, and Part 6
Docket Entry attachments 79-1 through 79-4
Exhibit C, Part 1, Part 2, Part 3, and Part 4
Docket Entry attachments 80-1 through 80-3
Exhibit C, Part 5, and Part 6
Exhibit D

As the SECOND AMENDED COMPLAINT is now the operative pleading, Defendant makes an
Oral Motion to Withdraw its Motion to Dismiss. With no objections,
It is ORDERED:

Defendant Nien Made Enterprise Co., Ltd’s ORAL MOTION TO
WITHDRAW its Motion to Dismiss [Docket No. 31] is GRANTED, and

It is ORDERED:

Defendant Nien Made Enterprise Co., Ltd’s MOTION TO DISMISS
PLAINTIFFS’ FIRST AMENDED COMPLAINT FOR LACK OF PERSONA
JURISDICTION AND IMPROPER VENUE [Docket No. 31, filed
September 03, 2013] is WITHDRAWN without prejudice, with leave to
re-file a Motion to Dismiss.

It is ORDERED:

A TELEPHONIC STATUS CONFERENCE is set
APRIL 15, 2014 at 9:30 a.m. (Mountain Time).

All participating parties are to be on the call before the Court is contacted; Plaintiff shall create
the conference call. Once the conference call is established, the Court shall be added as the
final connection by dialing [phone] at the scheduled time. For a more adequate
connection, counsel are asked no to use cell phones during the conference call.

Hearing concluded.
Court in recess:
10:47 a.m.
Total In-Court Time 00:16
To order a transcript of this proceedings, contact Avery Wood Reports

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