Otter Products, LLC v. H.L. Dalis Incorporated

Filing 33

MINUTE ENTRY for proceedings held before Senior Judge Richard P. Matsch: Scheduling Conference held on 3/15/2016. Denying 23 Motion to Dismiss for Failure to State a Claim; Case stayed. FTR: K. Terasaki. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
Courtroom Deputy:
FTR Technician:

March 15, 2016
Robert R. Keech
Kathy Terasaki

Civil Action No. 14-cv-03133-RPM

Counsel:

FOREIGN TRADE CORPORATION, a
California corporation, d/b/a Technocel,

Farhad Novian
John C. Parks

Plaintiff,
v.
OTTER PRODUCTS, LLC, a Colorado
limited liability company,

Lauren E. Schmidt
Elizabeth G. Tillotson

Defendant.

Civil Action No. 15-cv-02575-RPM

Counsel:

OTTER PRODUCTS, LLC, a Colorado
limited liability company,

Lauren E. Schmidt
Elizabeth G. Tillotson

Plaintiff,
v.
WIRELESS XCESSORIES GROUP, INC.,
a Delaware corporation,
Defendant.

Farhad Novian
John C. Parks

Civil Action No. 15-cv-02591-RPM

Counsel:

OTTER PRODUCTS, LLC, a Colorado
limited liability company,

Lauren E. Schmidt
Elizabeth G. Tillotson

Plaintiff,
v.
H.L. DALIS, INC., a New York corporation, Farhad Novian
John C. Parks
Defendant.

COURTROOM MINUTES

DISCOVERY CONFERENCE
9:50 a.m.

Court in session.
Court calls case.
Discussion regarding facts of the case, claims, defenses, and the filing of amended
complaint in 14-cv-03133-RPM and amended counter-claims in 15-cv-02575RPM and 15-cv-02591-RPM.
Court states its practice regarding orders of reference to magistrate judge for
settlement practice (joint motion – Magistrate Judge Nina Y. Wang).

ORDERED: Parties shall file amended complaint in 14-cv-03133-RPM and file amended
counter-claims in 15-cv-02575-RPM and 15-cv-02591-RPM within 30 days.
ORDERED: Discovery shall be STAYED.
ORDERED: Motion by Plaintiff and Counterclaim Defendant Foreign Trade Corp. d/b/a
Technocel to Modify Scheduling Order to Extend Discovery Cutoff and
Dispositive Motion Deadline [ECF Doc. No. 36 in 14-cv-03133-RPM], filed
December 11, 2015, is DENIED.
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ORDERED: Otter Products, LLC’s Motion for Summary Judgment on Counterclaim for
Breach of Contract [ECF Doc. No. 38 in 14-cv-03133-RPM], filed December 18,
2015, is DENIED.
ORDERED: Otter Products, LLC’S Motion for Summary Judgment on Plaintiff’s Third,
Fourth, Fifth, and Sixth Claims for Relief [ECF Doc. No. 40 in 14-cv-03133RPM], filed December 18, 2015, is DENIED.
ORDERED: Plaintiff and Counterclaim Defendant Foreign Trade Corp. d/b/a Technocel’s
Motion for Partial Summary Judgment Pursuant to Federal Rule of Civil
Procedure 56 [ECF Doc. No. 42 in 14-cv-03133-RPM], filed December 18, 2015,
is DENIED.
ORDERED: Plaintiff and Counterclaim Defendant Foreign Trade Corp. d/b/a Technocel's
Motion for Partial Summary Judgment [ECF Doc. No. 44 in 14-cv-03133-RPM],
filed December 18, 2015, is DENIED.
ORDERED: Otter Products, LLC’s Motion to Strike Untimely Expert Disclosures and
Production of Documents and for the Appointment of a Special Master to Oversee
the Deposition of Daniel Howard [ECF Doc. No. 47 in 14-cv-03133-RPM], filed
December 31, 2015, is DENIED.
ORDERED: Otter Products, LLC’s Partial Motion to Dismiss [ECF Doc. No. 23 in 15-cv02575-RPM], filed December 22, 2015, is DENIED.
ORDERED: Otter Products, LLC's Partial Motion to Dismiss [ECF Doc. No. 23 in 15-cv02591-RPM], filed December 23, 2015, is DENIED.
10:17 a.m.

Court in recess.

Hearing concluded. Total time: 27 minutes.

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