Free Trial Preparation Conference - District Court of Colorado - Colorado

Case 1:01-cv-01857-RPM-MJW

Document 150

Filed 06/15/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: June 15, 2006 Courtroom Deputy: J. Chris Smith ECR Technician: Kathy Terasaki ___________________________________________________________________________ Civil Action No. 01-cv-01857-RPM-MJW ATTORNEYS TITLE GUARANTY FUND, INC., as successor in interest and assignee of Joseph H. Fallon, IV Plaintiff, v. PROLAND MANAGEMENT, LLC; CRAIG NELSON; and TOM WARNES, Thomas Quinn Stacy Carpenter Matthew Kristofco

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Trial Preparation Conference 10:05 a.m. Court in session.

Court clarifies its May 19, 2006 Pretrial Order. ORDERED: The Final Pretrial Order consists of plaintiff' proposed Final Pretrial Order s submitted, defendants'Designation of Witnesses and Exhibits (Doc. 139) and Court' May 19, 2006 Order. s

Mr. Quinn states he has received plaintiff' trial brief. s Discussion regarding trial issues. Mr. Quinn states defendants concede that Fallon' loan to Proland is not a consumer loan. s Counsel agree there is a dispute on how to compute and annualize the rate pursuant to the Colorado statute. Counsel further agree that the interpretation and application of the statute is an issue for the Court to decide. Court rejects defendants'argument regarding Fallon' good faith bid / overstate amount s of debt not a compliant bid.

Case 1:01-cv-01857-RPM-MJW

Document 150

Filed 06/15/2006

Page 2 of 2

June15, 2006 01-cv-01857-RPM Court states jury will determine Dr. Fallon good faith estimate fair market value / minus prior liens. Argument and discussion regarding anticipated (permissible/objectionable and lay testimony expert opinion Rule 701) testimony of defendants Nelson and Warnes. Discussion regarding current / future use of property. Counsel agree land in question is a full fee. Court takes recess for counsel to determine whether to vacate trial date. 10:55 a.m. 11:16 a.m. Court in recess. Court in session.

Counsel agree to continue trial to allow further discovery regarding Neson and Warnes' anticipated testimony. Discussion regarding deficiency / foreclosure issue and scheduling. Counsel agree to prepare a stipulation / mathematical calculation. ORDERED: Deadline for briefs regarding statutory usury issue is June 26, 2006, response July 6, 2006 and reply is July 13, 2006. Two day jury trial scheduled June 26, 2006 is vacated and rescheduled to September 18, 2006. Deadline to complete depositions of defendants Nelson and Warnes is August 15, 2006. Proposed jury instructions regarding foreclosure issue shall be submitted by August 18, 2006. Plaintiff' Motion to Supplement the " s Special Issues"Section of the Final Pretrial Order, filed June 8, 2006 (Doc. 144), is granted. Court in recess.
(Hearing concluded. Total time in court: 1hr.)

ORDERED:

11:26 a.m.

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