P&S LLC v. National Union Fire Insurance Company of Pittsburgh, PA
Filing
30
MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 8/27/2014 re 25 MOTION for Leave to Amend 4 Complaint filed by P&S LLC, 15 MOTION to Strike 12 Notice (Other) of No nParty at Fault filed by P&S LLC. ORDERED: Motion to Strike Defendant's Notice of Nonparty at Fault 15 is DENIED without prejudice. Plaintiff's Motion for Leave to Amend Its Complaint and Jury Demand 25 is GRANTED. FTR: Courtroom A-402. (amont)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 14‐cv‐00735‐LTB‐CBS
Date: August 27, 2014
Courtroom Deputy: Amanda Montoya
FTR – Reporter Deck‐Courtroom A402
Parties:
Counsel:
P&S LLC,
Leonard MacPhee
Plaintiff,
v.
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA,
Paul Rodney
Defendant.
COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session: 01:25 p.m.
Court calls case. Appearances of counsel.
This hearing comes before the court regarding Motion to Strike Defendant’s Notice of Nonparty
at Fault [15] and Plaintiff’s Motion for Leave to Amend Its Complaint and Jury Demand [25].
ORDERED: Motion to Strike Defendant’s Notice of Nonparty at Fault [15] is DENIED without
prejudice. P&S LLC has the right to raise the same issues in the context of a
Motion for Summary Judgment, Motion for Limine, or in the context of jury
instructions. By making this determination, the motion is better raised, framed,
and decided by Judge Babcock. By denying the Motion to Strike, the Court is not
precluding the Plaintiff from raising the same challenge, but similarly, not
precluding Judge Babcock from a decision on a full record.
Plaintiff’s Motion for Leave to Amend Its Complaint and Jury Demand [25] is
GRANTED to add a prayer for relief seeking exemplary damages. In granting this
motion, the Court is expressing no views and not reaching any conclusions about
whether the Plaintiff will ultimately be able to sustain its burden of proof. The
Court is not precluding the Defendant from challenging the request for punitive
damages in the form a Motion for Summary Judgment or in the context of jury
instructions.
HEARING CONCLUDED.
Court in recess: 01:59 p.m.
Total time in court: 00:44
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.
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