Addison Insurance Company v. Thebeau Inc., et al

Filing 19

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 11/18/2013. ORDERED: Plaintiff is directed to file an Amended Complaint on or before 12/9/2013. All discovery shall be STAYED pending the filing of an Amended Complaint and the setting of a further Scheduling Conference. ORDERED: Defense counsel's oral Motion to Withdraw Without Prejudice is GRANTED. 16 Motion to Stay, or in the Alternative, to Dismiss and 17 Motion for Ruling Concerning Due Date for Answer are WITHDRAWN without prejudice.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-02435-RM-CBS
Date:
November 18, 2013

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

Parties:

Counsel:

ADDISON INSURANCE COMPANY,

Jerad A. West

Plaintiff,
v.
THEBEAU ENTERPRISES, INC., et al.,

Noah H. Klug (appearing by phone)

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session:
9:59 a.m.
Court calls case. Appearances of counsel.
The court addresses counsel regarding the parties’ Proposed Scheduling Order [Doc. No. 15],
Defendants’ Motion to Stay Action or, in the Alternative, to Dismiss Plaintiff’s First Claim for
Relief [Doc. No. 16], and Motion for Ruling Concerning Due Date for Answer [Doc. No. 17].
Discussion held between the court and counsel for Plaintiff regarding the claims in the Complaint,
duty to defend and duty to indemnify, and their position with respect to discovery in the case.
Discussion between the court and Defense counsel regarding their position related to discovery, the
filing of amended claims, and the potential for prejudice in the underlying state case. Counsel states
in the event of an Amended Complaint by Plaintiff, they would anticipate counterclaims.
Discussion held regarding the filing of an Amended Complaint. The court notes an Amended
Complaint would effectively moot Defendants’ currently pending Motion to Stay or in the
Alternative, to Dismiss as it would no longer be directed to the operative pleading in the case.
Counsel for Plaintiff notes his concern with briefing a motion that will be rendered moot.
Discussion between the court and counsel regarding a more efficient way to proceed.
Discussion between the court and counsel for Defendants regarding Defendant’s Motion for Ruling

Concerning Due Date for Answer.
The court proposes a stay of all discovery in the case pending the filing of an Amended Complaint
and that Defense counsel withdraw Defendants’ current motions without prejudice in anticipation
of such a filing.
Counsel for both Plaintiff and Defendants have no objection.
ORDERED:

Plaintiff is directed to file an Amended Complaint on or before December
9, 2013. All discovery shall be STAYED pending the filing of an Amended
Complaint and the setting a further Scheduling Conference.

The court notes it will treat Defense counsel’s comments on the record as an oral Motion to
Withdraw Without Prejudice Motion to Stay or in the Alternative, to Dismiss and Motion for Ruling
Concerning Due Date for Answer.
ORDERED:

Defense counsel’s oral Motion to Withdraw Without Prejudice is
GRANTED. Motion to Stay Action or, in the Alternative, to Dismiss
Plaintiff’s First Claim for Relief [Doc. No. 16, filed 11/12/2013], and Motion
for Ruling Concerning Due Date for Answer [Doc. No. 17, filed 11/12/2013]
are WITHDRAWN without prejudice.

A Scheduling Order will not be entered at this time.
HEARING CONCLUDED.
Court in recess:
10:21 a.m.
Total time in court: 00:22
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.