Zahourek Systems, Inc. v. Balanced Body University, LLC

Filing 29

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 3/19/2014. 22 Opposed Motion for Leave to File a Second Amended Petition to Compel Arbitration is WITHDRAWN without prejudice. ORDERED: A Telephonic Status Conference is set for 4/21/2014 at 8:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. FTR: Courtroom A402 - C. Covington. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 13-cv-01812-RM-CBS
Date:
March 18, 2014

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Courtni Covington

Parties:

Counsel:

ZAHOUREK SYSTEMS, INC.,

Luke R. Santangelo

Plaintiff,
v.
BALANCED BODY UNIVERSITY, LLC,

Carolyn V. Juarez
Gordon Troy

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:32 p.m.
Court calls case. Appearances of counsel. Ken Endelman, client representative for Defendant, is
also present.
Argument and discussion held regarding Plaintiff’s Opposed Motion for Leave to File a Second
Amended Petition to Compel Arbitration [Doc. No. 22]. Relevant case law cited.
Discussion between the court and the parties regarding the related proceedings in other districts and
the court’s inclination of allowing the Plaintiff to amend.
The court proposes in an effort to be most efficient, counsel withdraw the Motion for Leave to File
a Second Amended Petition to Compel Arbitration [Doc. No. 22] pending ruling by District Judge
Moore on Defendants’ Motion to Dismiss [Doc. No. 18], and that the parties agree Defendant will
not pursue action that would seek to lift the stay in the California action.
Counsel have no objection to the court’s proposal. Counsel for Plaintiff makes an oral Motion to
Withdraw Doc. No. 22 without prejudice to their right to re-file in the future.
ORDERED:

Counsel’s oral Motion to Withdraw Doc. No. 22 is GRANTED. Defense
counsel represents they will not, pending ruling by Judge Moore on the
current Motion to Dismiss, take any action in the California court that would

disadvantage the Plaintiff’s ability to pursue litigation in this court.
Plaintiff’s Opposed Motion for Leave to File a Second Amended Petition to
Compel Arbitration [Doc. No. 22, filed 1/13/2014] is WITHDRAWN
without prejudice.
ORDERED:

A Telephonic Status Conference is set for 8:30 a.m. on April 21, 2014.

HEARING CONCLUDED.
Court in recess:
2:23 p.m.
Total time in court: 00:51
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.