Addison Insurance Company v. Thebeau Inc., et al

Filing 49

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 3/17/2014. ORDERED: 26 (Second) Motion to Stay Action or, in the Alternative, to Dismiss Plaintiff's First Claim for Relief is GRANTED to the extent it seeks to stay this action and WITHDRAWN to the extent it seeks to dismiss Plaintiff's First Claim for Relief. The case shall be STAYED pending further order from the court. 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:
March 17, 2014

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
Stephen B. Shapiro

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:29 p.m.
Court calls case. Appearances of counsel.
This matter is before the court regarding Defendants’ (Second) Motion to Stay Action or, in the
Alternative, to Dismiss Plaintiff’s First Claim for Relief [Doc. No. 26].
Discussion between the court and counsel for Plaintiff regarding service on Defendant United
Specialty Insurance Company, their failure to respond, and counsel’s Motion for Entry of Default
[Doc. No. 47] as to that Defendant.
Argument and discussion held on Defendants’ (Second) Motion to Stay Action or, in the Alternative,
to Dismiss Plaintiff’s First Claim for Relief [Doc. No. 26].
Discussion between the court and the parties regarding relevant case law, the underlying state court
action, and possible further amendment of the Amended Complaint.
For the reasons stated on the record, it is
ORDERED:

(Second) Motion to Stay Action or, in the Alternative, to Dismiss Plaintiff’s
First Claim for Relief [Doc. No. 26, filed 12/30/2013] is GRANTED to the
extent it seeks to stay the action. The case shall be STAYED pending further

order from the court.
The court notes the case shall be stayed with the exception to Plaintiff’s right of filing a motion for
leave to amend the complaint and Defendants’ right to oppose that motion.
Discussion between the court and counsel for Defendants Thebeau Enterprises, Inc. And Wayne
Thebeau regarding withdrawing the Motion to the extent it seeks to dismiss the action. Counsel
makes an oral Motion to Withdraw Doc. No. 26 to the extent it seeks to dismiss Plaintiff’s First
Claim for Relief. Counsel for Plaintiff and for Defendant Matthews have no objection.
ORDERED:

Defense counsel’s oral Motion to Withdraw the remainder of Doc. No. 26 is
GRANTED. Motion to Stay Action or, in the Alternative, to Dismiss
Plaintiff’s First Claim for Relief [Doc. No. 26, filed 12/30/2013] is
WITHDRAWN to the extent it seeks to dismiss Plaintiff’s First Claim for
Relief.

The court informs the parties that only a ruling from the bench will issue, no written order will
follow, and therefore the amount of days to file an objection should be calculated from today's date.
HEARING CONCLUDED.
Court in recess:
2:30 p.m.
Total time in court: 01:01
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.