Claeys v. Mohr et al
Filing
87
MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 3/30/2015. Granting in part and denying in part 75 Motion to Dismiss for Failure to State a Claim. Granting in part and denying in part 77 Motion to Dismiss. The STAY on discovery is LIFTED. Proposed Scheduling order due by 5:00 p.m. on 4/10/2015. Liability experts to be designated on 6/15/2015 and rebuttal experts designated by 7/15/2015. 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‐01174‐CBS
Date: March 30, 2015
Courtroom Deputy: Amanda Montoya
FTR – Reporter Deck‐Courtroom A402
Parties:
Counsel:
THOMAS PATRICK CLAEYS,
James Thorburn
Plaintiff,
v.
CHRISTIAN MOHR (I), et al.,
Kathleen Spalding
Patrick Sayas
Timothy Schimberg
Defendant.
COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session: 01:31 p.m.
Court calls case. Appearances of counsel.
This hearing comes before the court in regards to Defendant Mohr’s Partial MOTION [75] to
Dismiss the First Amended Complaint and Defendant Jim Woolf’s MOTION [77] to Dismiss the
First Amended Complaint.
The court hears oral argument for both motions.
ORDERED: Defendant Mohr’s Partial MOTION [75] to Dismiss the First Amended Complaint
and Defendant Jim Woolf’s MOTION [77] to Dismiss the First Amended Complaint
are GRANTED in part and DENIED in part. Both motions are DENIED to the
extent that they move to dismiss the second claim for relief. Both motions are
GRANTED to the extent that they move to dismiss the third claim for relief.
Defendant Jim Woolf’s MOTION [77] to Dismiss the First Amended Complaint is
GRANTED to the extent that it moves to dismiss the due process element from
the first claim for relief.
The STAY on discovery is LIFTED.
Proposed Scheduling Order is due by 5:00 p.m. on April 10, 2015. Magistrate
Judge Shaffer may schedule a Telephonic Status Conference to discuss proposed
dates.
Parties agree that any damages or liability experts will not be deposed until after
a ruling on summary judgement.
For liability experts, they shall be designated by June 15, 2015 and rebuttal
experts designated by July 15, 2015.
HEARING CONCLUDED.
Court in recess: 02:50 p.m.
Total time in court: 01:19
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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