Free In Court Hearing - District Court of Colorado - Colorado

Case 1:04-cv-01225-MSK-BNB

Document 238

Filed 12/06/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Date: December 6, 2005

Civil Action No. 04-cv-01225-MSK-BNB (consolidated with Case No. 04-cv-01226-MSK-BNB)

Parties: MALIK M. HASAN, M.D., an individual, and SEEME G. HASAN, an individual,

Counsel Appearing: Glenn Merrick

Plaintiffs, v. GOLDMAN SACH 1998 Bruce Featherstone EXCHANGE PLACE FUND, L.P., Max Gitter (by phone) a Delaware limited partnership; Matt Collins GOLDMAN SACHS 1999 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT PARTNERS, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT, INC., a Delaware corporation; THE GOLDMAN SACHS GROUP, INC., a Delaware corporation; GOLDMAN, SACHS & CO., a New York limited partnership; JOHN DOES 1-100, individual persons whose true identities are unknown; and LENDER PARTIES 1-100, business entities whose true identities are unknown, Defendants.

COURTROOM MINUTES HEARING: Oral Ruling 9:03 a.m. Court in session.

Case 1:04-cv-01225-MSK-BNB

Document 238

Filed 12/06/2005

Page 2 of 2

Client representative for the defendants, Mr. Francis Chalpowski, present by telephone. Oral Ruling by the Court. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: Pursuant to 28 U.S.C. Section 1404(a), in the interest of justice so that arbitration can be compelled in accordance with the Federal Arbitration Act, 9 U.S.C. Section 4, the clerk of this court shall transfer this case to the United States District Court for the Southern District of New York. Motion for Order Barring Use of Transcript of Examination of Malik M. Hasan (Doc. #144) is denied as moot. Motion for Leave to File Surreply (Doc. #159) is denied as moot. Motion for Preclusion and Other Relief (Doc. #200) is denied.

ORDER:

ORDER: ORDER:

Written order to follow. 10:54 a.m. Court in recess.

Total Time: 1 hour 51 min Hearing concluded.