Atigun, Inc v. Premier Oilfied Equipment Company et al

Filing 111

COURTROOM MINUTES for Motion Hearing held before Judge Richard P. Matsch on 12/9/2015. Defendant Altira Technology Fund V, L.P. is dismissed, for failure to state a claim for relief. Denying 79 Defendants Triple S Irrevocable Trust Fund and Cind y Harms Motion for Summary Judgment. Mr. Heideman shall file a motion to withdraw as counsel and new counsel shall enter an appearance. Deeming moot 83 Defendant Premier Oilfield Equipment Company's Motion to Compel. Resolving as set forth on the record 99 Defendant Premier Oilfield Equipment Company's Renewed Motion to Compel. Terminating 108 Plaintiff's Motion for Leave to Amend Third Amended Complaint. In the Third Amended Complaint, Justin Heideman, Trustee is substituted as defendant for Triple S Irrevocable Trust Fund. FTR: K. Terasaki. (ebuch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
Courtroom Deputy:
FTR Technician:

December 9, 2015
Emily Buchanan
Kathy Terasaki

Civil Action No. 13-cv-02219-RPM

Counsel:

ATIGUN, INC, an Alaska Corporation,

Paul Godec

Plaintiff,
v.
PREMIER OILFIELD EQUIPMENT
COMPANY, a Delaware corporation,
TIGER OILFIELD TANK COMPANY, LLC,
formerly known as Delta Oilfield Tank Co.,
LLC,
HY-TECH TRUCK & TRAILER
MANUFACTURING, LLC, a Colorado
Limited Liability Company,
ALTIRA TECHNOLOGY FUND V, L.P., a
Delaware limited partnership,
TRIPLE S IRREVOCABLE TRUST FUND,
GARY HARMS, JR., an individual, and
CINDY HARMS, an individual,

Kieran Lasater
Justin Heideman

James Nesland

Defendants.

COURTROOM MINUTES

MOTION HEARING
10:58 a.m.

Court in session.

Plaintiff complies with paragraph 6 of Order number 100 and has conventionally submitted the
Asset Purchase Agreement and Schedules.
11:00 a.m.

Mr. Nesland answers questions of the Court regarding jurisdiction.

11:04 a.m.

Response by Mr. Godec as to diversity and the liability of Altira Technology Fund
V, L.P.

ORDERED: Defendant Altira Technology Fund V, L.P. is dismissed, for failure to state a
claim for relief.
11:07 a.m.

Mr. Heideman answers questions of the Court regarding the motion for summary
judgment.

ORDERED: Defendants Triple S Irrevocable Trust Fund and Cindy Harms Motion for
Summary Judgment (Doc. No. 79) is DENIED. Mr. Heideman shall file a motion
to withdraw as counsel and new counsel shall enter an appearance.
Discussion regarding Defendant Premier Oilfield Equipment Company’s Renewed Motion to
Compel (Doc. No. 99).
11:10 a.m.

Mr. Lasater answers questions of the Court regarding liability, the Asset Purchase
Agreement, and outstanding discovery.

11:15 a.m.

Response by Mr. Godec.

11:16 a.m.

Further argument by Mr. Lasater regarding outstanding discovery.

11:18 a.m.

Response by Mr. Godec regarding a hard drive and spreadsheets.

11:21 a.m.

Further argument by Mr. Lasater regarding outstanding discovery.

11:24 a.m.

Response by Mr. Godec regarding emails to Mr. Anderson.

ORDERED: Defendant Premier Oilfield Equipment Company’s Motion to Compel (Doc. No.
83) is DEEMED MOOT, as a renewed motion was filed.
ORDERED: Defendant Premier Oilfield Equipment Company’s Renewed Motion to Compel
(Doc. No. 99) is RESOLVED as set forth on the record. Plaintiff relies on
Rebekah Smith’s report as damages without reservation of a future interest claim.
Plaintiff shall file declarations as to the search for Mr. Anderson’s inspection
spreadsheet and hard drive if it does not exist or cannot be found. Plaintiff shall
also file declarations regarding emails between Atigun and Mr. Anderson.
Defendant Premier Oilfield Equipment Company’s request for an award of fees is
not granted at this time, but reserved for later on in the case.
ORDERED: Plaintiff’s Motion for Leave to Amend Third Amended Complaint by Atigun, Inc.
(Doc. No. 108) is TERMINATED. In the Third Amended Complaint, Justin
Heideman, Trustee is substituted as defendant for Triple S Irrevocable Trust Fund.
11:33 a.m.

Court in recess.

Hearing concluded.

2

Total time: 35 minutes.