RK Mechanical, Inc. v. Centerre Construction, Inc. et al

Filing 29

COURTROOM MINUTES for Motion Hearing held before Judge Richard P. Matsch on 12/11/2015. Deeming moot 18 Defendants' Motion to Dismiss. Denying 22 Defendants' Motion to Dismiss the Amended Complaint. Parties shall proceed with arbitration. The remainder of the case is stayed. A formal order to enter. 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:

December 11, 2015
Emily Buchanan
Kathy Terasaki

Civil Action No. 15-cv-01003-RPM

Counsel:

RK MECHANICAL, INC., and
THE UNITED STATES FOR THE USE OF
RK MECHANICAL, INC.,

Buck Beltzer

Plaintiffs,
v.
CENTERRE CONSTRUCTION, INC.,
MATSUO ENGINEERING CENTERRE
CONSTRUCTION A JOINT VENTURE,
LLC,
BERKLEY REGIONAL INSURANCE
COMPANY, and
BERKLEY SURETY GROUP, LLC,

Edward DeLisle

Defendants.

COURTROOM MINUTES

MOTION HEARING
2:23 p.m.

Court in session.

2:25 p.m.

Mr. Beltzer answers questions regarding claims, plaintiffs’ contention as to the
root cause of the construction delays, and mediation.

2:31 p.m.

Mr. DeLisle answers questions regarding claims, a case pending in the Court of
Federal Claims, the claim against Centerre being arbitrated, and mediation.

2:39 p.m.

Mr. Beltzer responds and answers questions regarding discovery related to
arbitration.

2:44 p.m.

Mr. DeLisle responds and answers questions regarding arbitration.

ORDERED: Defendants’ Motion to Dismiss, or in the Alternative, Stay, Plaintiffs’ Claims
Pending Completion of Alternative Dispute Resolution Procedures (Doc. No. 18)
is DEEMED MOOT, as a motion to dismiss the amended complaint was filed.
ORDERED: Defendants’ Motion to Dismiss the Amended Complaint, or in the Alternative,
Stay, Plaintiffs’ Claims Pending Completion of Alternative Dispute Resolution
Procedures (Doc. No. 22) is DENIED.
ORDERED: Parties shall proceed with arbitration. The remainder of the case is stayed. A
formal order to enter.
2:46 p.m.

Court in recess.

Hearing concluded. Total time: 23 minutes.

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