Whittle v. Marley et al

Filing 66

ORDER For Hearing Considering the briefing on the defendants' motions to dismiss 29 and 38 under Fed.R.Civ.P. 12(b)(6), a hearing will be scheduled for oral argument upon a date to be set after consultation with counsel by this Court's secretary, by Judge Richard P. Matsch on 6/15/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02680-RPM
SHANE WHITTLE, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF
MARLEY COFFEE LLC,
Plaintiffs,
v.
ROHAN MARLEY,
CEDELLA MARLEY,
JAMMIN’ JAVA CORPORATION,
HOPE ROAD MERCHANDISING, LLC,
FIFTY-SIX HOPE ROAD MUSIC LIMITED,
MARLEY COFFEE ESTATE LIMITED,
Defendants.
_____________________________________________________________________
ORDER FOR HEARING
_____________________________________________________________________
Considering the briefing on the defendants’ motions to dismiss under
Fed.R.Civ.P. 12(b)(6), a hearing will be scheduled for oral argument on the following
issues:
1.

What matters outside the complaint may be considered as a result of the
attachments to the motions and the defendants’ request for judicial
notice?

2.

Whether the plaintiff may proceed on claims derivatively on behalf of
Marley Coffee, LLC?

3.

What is the current legal status of Marley Coffee LLC?

4.

Does the plaintiff have any cognizable interest in the Marley Coffee
trademarks?

5.

What is the relationship between this case and Whittle v. Jarmmin’ Java
Corp. in the Denver District Court?

6.

What is the applicability of the economic loss rule?

These issues will be addressed at a hearing to be scheduled upon a date to be
set after consultation with counsel by this Court’s secretary.
SO ORDERED.
Dated: June 15, 2015.
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge