CDMO, Inc. et al v. Comfort Dental Group, Inc.

Filing 89

COURTROOM MINUTES for Discovery Conference held before Judge Richard P. Matsch on 5/27/2015. Denying as moot 4 Plaintiffs' Motion for Preliminary Injunction. Denying as moot 28 Plaintiffs' Motion for Leave to File Supplemental Memoran dum. Denying as moot 65 Defendant's Partial Motion to Dismiss. Plaintiffs shall file their amended complaint on or before 6/15/2015. Defendant shall answer the amended complaint on or before 7/13/2015, and may include a partial motion to di smiss in the answer. Scheduling Conference set for 7/17/2015 02:00 PM in Conference Room before Judge Richard P. Matsch. Proposed scheduling order due by 7/15/2015. Defendant enters stipulation on the record, which the Court accepts. 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:

May 27, 2015
Emily Buchanan
Kathy Terasaki

Civil Action No. 14-cv-00871-RPM

Counsel:

CDMO, INC., and
CDET, INC.,

Neil Arney

Plaintiffs,
v.
COMFORT DENTAL GROUP, INC.,

Steven Kelso
Erin Frohardt

Defendant.

COURTROOM MINUTES

DISCOVERY CONFERENCE
1:55 p.m.

Court in session.

Discussion regarding the lack of a discovery plan, the supplement to the Motion for Preliminary
Injunction, notice of default and Comfort Dental’s position, regulatory agencies, the amended
complaint and pending partial motion to dismiss, the lawfulness of the Gold Plan, the Court
deferring to the Missouri regulatory body, approval of the Gold Plan in Missouri and Indiana,
Budget Labs and approved vendors, the number of franchisees under the Plaintiffs, complaints
from dentists in the field about the regulations, Comfort Dental’s Mandatory Lab Referral
Program, the labs not regulated in Colorado, and communication between Mr. Bears and
Plaintiffs.
ORDERED: Plaintiffs’ Motion for Preliminary Injunction to Prevent Defendant Comfort
Dental Group, Inc. from Enforcing Provisions of the Master Franchisor
Agreement and Request for Hearing (Doc. No. 4) is DENIED AS MOOT.
ORDERED: Plaintiffs’ Motion for Leave to File Supplemental Memorandum in Support of
Plaintiffs’ Motion for Preliminary Injunction (Doc. No. 28) is DENIED AS
MOOT.

ORDERED: Defendant/Counterclaim-Plaintiff Comfort Dental Group, Inc.’s Partial Motion to
Dismiss Plaintiffs/Counterclaim Defendants’ Amended Complaint (Doc. No. 65)
is DENIED AS MOOT.
ORDERED: Plaintiffs shall file their amended complaint on or before June 15, 2015.
Defendant shall answer the amended complaint on or before July 13, 2015, and
may include a partial motion to dismiss in the answer.
ORDERED: A Scheduling Conference is set for July 17, 2015 at 2:00 p.m. Counsel shall
submit a proposed scheduling order in paper format directly to chambers on or
before July 15, 2015.
Defendant enters the following stipulation on the record, which the Court accepts: Comfort
Dental will not terminate the master franchise agreement between Comfort Dental Group, Inc.
and CDMO or CDET unless and until defendant files a motion with the Court being relieved of
the obligation to not terminate them.
2:42 p.m.

Court in recess.

2:45 p.m.

Court in session.

Discussion regarding the stipulation entered on the record today and if something changes,
counsel being free to file a motion. Plaintiffs’ counsel is agreeing that he is not going forward
with the Motion for Preliminary Injunction based on the stipulation entered today.
2:46 p.m.

Court in recess.

Hearing concluded. Total time: 48 min.

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