Free Pretrial Conference - Final - District Court of Colorado - Colorado

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

Document 136

Filed 05/02/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: May 2, 2006 Courtroom Deputy: J. Chris Smith ECR Technician: Kathy Terasaki ___________________________________________________________________________ Civil Action No. 01-cv-01857-RPM Stacy Carpenter Matthew Kristofco

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

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Pretrial Conference 1:54 p.m. Court in session.

Discussion regarding defendants' position, case facts, current status of the case and counsel answer questions. Mr. Quinn states he is attempting to verify / obtain a document (letter of instruction / confirmation from Surles to title company) regarding disbursement of funds (failure of consideration and evidence of fair market value). Ms. Carpenter states liability has been establish by motion, " partial bid"means a bid taking the full property and removing the value of the two parcels (37-Hardin and 61-Black Acre) that had prior encumbrances that had already been foreclosed on and Attorney Title owns the property. Mr. Quinn further states he has representation issues (client cooperation and money) and clients reside in Summit Colorado. Discussion regarding referring the matter to a magistrate for settlement and jury demand. Ms. Carpenter states plaintiff is willing to waive its jury demand. Discussion regarding trial issues (rate of interest and foreclosure / good faith estimate). ORDERED: Defendants have 10 days to submit list of witnesses and exhibits. Mr. Quinn has ten days to determine whether to file a motion to withdraw. Defendants have 10 days to determine whether to waive jury demand. Two day trial scheduled June 26, 2006. Plaintiff shall revise and resubmit proposed final pretrial order. Court in recess.
(Hearing concluded. Total time in court: 30 min.)

2:24 p.m.