Auto-Owners Insurance Company v. Summit Park Townhome Association

Filing 68

COURTROOM MINUTES for Oral Argument Hearing held before Judge Lewis T. Babcock on 3/31/2016. Plaintiff's Objection to George Keys Acting as Appraiser 41 is sustained. The appraisal award is vacated. Plaintiff may file any motion for sanctions by 4/15/2016. Plaintiff's Motion for Leave to File Amended Complaint 48 is granted. Plaintiff may file this amended complaint by 4/15/2016. Court Reporter: Gwen Daniel. (ebuch)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Emily Buchanan Date: March 31, 2016 Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Case No. 14-cv-03417-LTB Counsel: AUTO-OWNERS INSURANCE COMPANY, a Michigan corporation, Michael O'Donnell Terence Ridley Gregory Giometti Plaintiff, v. SUMMIT PARK TOWNHOME ASSOCIATION, a Colorado corporation, William Harris David Pettinato Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING - ORAL ARGUMENT ON THE PLAINTIFF’S OBJECTION TO GEORGE KEYS ACTING AS APPRAISER 9:00 a.m. Court in session. Court calls case. Appearances of counsel. 9:01 a.m. Argument by Mr. O'Donnell. 9:49 a.m. Response by Mr. Harris. 10:33 a.m. 10:44 a.m. Court in recess. Court in session. 10:44 a.m. Reply by Mr. O'Donnell. Court’s findings and conclusions. 1 ORDERED: Plaintiff’s Objection to George Keys Acting as Appraiser Based on Recently Discovered, Undisclosed Relationships with Defendant and its Representatives (Doc. No. 41) is SUSTAINED. The appraisal award is vacated. Court will issue a written order. ORDERED: Plaintiff may file any motion for sanctions with accompanying brief or speaking motion on or before April 15, 2016. Court will then set a briefing schedule. ORDERED: Plaintiff’s Motion for Leave to File Amended Complaint (Doc. No. 48) is GRANTED. Court will issue a written order. Plaintiff may file this amended complaint on or before April 15, 2016. Court will set a further status hearing at an appropriate time. 11:01 a.m. Court in recess. Hearing concluded. Time: 1:50 2

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