Hach Company v. In-Situ, Inc.

Filing 33

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 12/2/2013. ORDERED: Defense counsel shall submit an Answer and/or Counterclaims and a Motionfor Summary Judgment no later tha n 12/23/2013. A Status Conference and possible Early Neutral Evaluation is set for 1/6/2014 at 1:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED: Counsel's oral Motion to withdraw their 27 Motion to Dismiss and 29 Motion for Judicial Notice is GRANTED. 27 and 29 are WITHDRAWN without prejudice. 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-02201-MSK-CBS
Date:
December 2, 2013

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

Parties:

Counsel:

HACH COMPANY,

Andrew J. Petrie

Plaintiff,
v.
IN-SITU, INC., et al.,
Defendants.

Brett M. Godfrey
Casey C. Kannenberg
Neal S. Cohen
Scott R. Bialecki

COURTROOM MINUTES/MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session:
1:31 p.m.
Court calls case. Appearances of counsel.
Rule 26(a) disclosures have been fulfilled and the parties have held a Rule 26(f) meeting.
The court addresses counsel regarding the proposed scheduling order and sequencing discovery in
the most efficient manner.
The court proposes Defendant In-Situ, Inc. withdraw their Motion to Dismiss, file an Answer and
then immediately file a Motion for Summary Judgment on the limited issues discussed today.
Discussion regarding the court’s proposal, the exclusivity issue in the case, discovery that would be
sought by the parties, and a potential stay of discovery.
ORDERED:

Defense counsel shall submit an Answer and/or Counterclaims and a Motion
for Summary Judgment no later than December 23, 2013.
A Status Conference and possible Early Neutral Evaluation is set for
January 6, 2014 at 1:30 p.m. The court will STAY all discovery until the
Status Conference.

Counsel agree they will appear in person for the hearing.

2:22

Off the record.

2:37

On the record.

Counsel for Defendant In Situ, Inc. makes an oral Motion to withdraw their pending Motion to
Dismiss [Doc. No. 27] and their Unopposed Motion for Judicial Notice of Judicial Admission
by Plaintiff in Related State Court Litigation [Doc. No. 29].
ORDERED:

Counsel’s oral Motion to withdraw Defendant In-Situ, Inc.’s Motion to
Dismiss [Doc. No. 27, filed 11/20/2013] and Unopposed Motion by
Defendant for Judicial Notice of Judicial Admission by Plaintiff in Related
State Court Action[Doc. No. 29, filed 11/20/2013] is GRANTED. Doc. No.
27 and Doc. No. 29 are WITHDRAWN without prejudice.

The court notes the parties will discuss at the January 6th Status Conference what, if any, discovery
is necessary, the deadline by which that limited discovery will be completed, and potential resolution
of the case.
HEARING CONCLUDED.
Court in recess:
2:40 p.m.
Total time in court: 01:09
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.