Stillwater Mining Company v. Power Mount Incorporated
| Stillwater Mining Company |
| Power Mount Incorporated |
| 1:2014cv02475 |
| September 5, 2014 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Wiley Y. Daniel |
| Craig B. Shaffer |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
190
FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before the Court on a bench trial on Claim 1 on February 7 to February 10, 2017. Claims 2 through 5 have been bifurcated see ECF No. 130 , and are dependent on the outcome of Claim 1. As or dered by the Court, the parties filed supplemental proposed Findings of Fact and Conclusions of Law on February 21, 2017. This Order represents my Findings of Fact and Conclusions of Law as to Claim 1 of the Amended Complaint. Based on the foregoi ng Findings of Fact and Conclusions of Law, I make two independent findings. First, I find that Power Mount is not liable to Stillwater under the 2005 Agreement for any lost First Prepayments based on the clear intent of the parties, the language of the 2005 Agreement, and the parties courses of performance and dealing, which established that Power Mount never bore the risk of loss. Second, I find that even if such an obligation were to exist, Power Mount's breach is excused by two o f its Affirmative Defenses, the equitable doctrines of quasi-estoppel and laches. Accordingly, Final Judgment shall enter in Defendant Power Mount's favor on Claim 1 for Breach of Contract and that claim is Dismissed With Prejudice. Because the parties agree that Claims 25 would only be viable if Plaintiff Stillwater succeeded on Claim 1, Claims 25 are also hereby Dismissed With Prejudice, by Judge Wiley Y. Daniel on 4/13/2017. (evana, )
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Filing
130
ORDER granting 128 Joint Motion to Bifurcate Claims 2-5 From Claim 1 and Stay Discovery and Deadlines for Claims 2-5, by Magistrate Judge Craig B. Shaffer on 04/07/16.(nmarb, )
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Filing
85
ORDER The Notice to Withdraw ECF No. 84 is hereby APPROVED and the Motion for Certification of Interlocutory Appeal ECF No. 74 is hereby DENIED as moot, by Judge Wiley Y. Daniel on 10/7/2015.(evana, )
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Filing
80
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephone Status Conference held on 9/28/2015. Granting 72 Motion for Leave. Amended Complaint (exhibit 1) is deemed as filed today. New defendants&# 039; obligation to respond under Rule 12 is STAYED. Granting in part and denying in part 75 Motion to Stay. Telephone Status Conference set for 1/4/2016 09:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Parties participating in the hearing shall initiate a conference call among themselves and call the court (303.844.2117) at the scheduled time. FTR: Courtroom A-402. (amont, )
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Filing
71
MINUTE ORDER Granting 62 Plaintiffs Unopposed Motion to Restrict Confidential Testimony. Exhibits 8 and 11 ECF Nos. [61-1] and [61-2] to Stillwaters Reply in Support of its Motion For Leave to File Amended Complaint are hereby restricted at Level 1, by Judge Wiley Y. Daniel on 9/4/2015.(evana, )
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Filing
69
ORDER Denying 12 Defendant Power Mount Incorporateds Motion to Dismiss the Complaint, by Judge Wiley Y. Daniel on 9/2/2015.(evana, )
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Filing
65
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 7/30/2015. Withdrawing 49 Motion for Leave. Within 72 hours of a ruling on Motion to Dismiss 12 , and if the motion is denie d, counsel shall contact Magistrate Judge Shaffer's chambers at (303.844.2117) to schedule an immediate telephone status conference. All discovery is STAYED pending the telephone status conference and the Final Pretrial Conference set for January 14, 2016 is VACATED. FTR: Courtroom A-402. (amont, )
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Filing
31
PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 1/21/15. ORDERED that when filing restricted documents, parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)
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| Plaintiff: Stillwater Mining Company | |
| Represented By: | Jordan Lee Lipp |
| Represented By: | Daniel P. Spivey |
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| Defendant: Power Mount Incorporated | |
| Represented By: | Matthew E. Johnson |
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