Johnstown Feed & Seed, Inc. et al v. Continental Western Insurance Company et al
| Rhonda Spreng, Johnstown Feed & Seed, Inc. and Wayne Spreng |
| Continental Western Insurance Company |
| 1:2007cv00290 |
| February 9, 2007 |
| US District Court for the District of Colorado |
| Denver Office |
| Weld |
| Marcia S. Krieger |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Both |
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Filing
215
ORDER GRANTING STIPULATION FOR DISMISSAL WITH PREJUDICE. re: 213 Stipulation of Dismissal of Case filed by Continental Western Insurance Company. Based on that Stipulation, the court orders this case dismissed with prejudice with all parties to pay their own costs and attorney's fees. By Judge Timothy D. Leonard on 07/22/2010. (sah, )
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Filing
198
ORDER. The Joint Motion for Leave to File Additional Briefing on Plaintiffs Motion to Amend Judgment 197 is GRANTED. Defendant is granted leave to file aSurreply to Plaintiffs Motion within 3 days of the date of this order. Plaintiff is allowed to file a response to the Surreply within 3 days of the Defendants Surreply. By Judge Timothy D. Leonard on 03/18/2010.(sah, )
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Filing
179
ORDER. Defendants Motion in Limine to Exclude Evidence of Plaintiffs Business Plan 96 is denied moot. The court denies Defendants Motion in Limine to Exclude Testimony by Richard W. Laugesen, Esq. 97 . Defendants Motion in Limine to Exclude Evide nce of Verdict from Plaintiffs Trial Against Welders 102 is therefore also denied as moot. Defendants Motion in LImine to Exclude Evidence of Ken Scurto, Any Alleged Failure to Preserve Evidence, and Any Resulting Testimony Regarding Same by Expert George Hodge 103 is denied as moot. Defendants Motion in Limine to Exclude Evidence of Additional Insurance Benefits Allegedly Owed 166 is GRANTED to the extent that plaintiffs are directed to delete the last column in Exhibit 51. Plaintiffs Motion in Limine to Exclude Proposed Exhibits 62-67 Under Fed. R.Evid. 403 167 is GRANTED. By Judge Timothy D. Leonard on 02/17/2010.(sah, )
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Filing
155
ORDER. Defendants Motion in Limine to Exclude Evidence of Plaintiffs Alleged Future Lost Profits from New Business Venture 117 is DENIED. By Judge Timothy D. Leonard on 01/07/2010.(sah, )
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Filing
142
ORDER the parties shall hold a conference no later than 12/18/09 by Judge Timothy D. Leonard on 09/29/09. (jjh, )
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Filing
136
ORDER. Within ten ( 10) days of the date this order, the parties are directed to: file a notice of all pending motions before the court, submit electronic copies of the proposed jury instructions to the court. By Judge Timothy D. Leonard on 09/02/2009. (sah, )
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Filing
115
Minute Entry for proceedings held before Judge Marcia S. Krieger: Final Pretrial Conference held on 4/8/2009. Defendant's 96 Motion in Limine is denied to the extent defendant seeks exclusion based on collateral estoppel and denied as to the portion of motion raised under Rule 401 and 403, with leave to renew at the time of trial. Plaintiff's 111 Motion to Seal is denied, but the documents will remain subject to the provision seal that was imposed at the time it was filed. Rulin g is reserved on 97 Defendant's Motion in Limine to Exclude Testimony by Richard Laugesen until the time of trial. Defendant's 101 Motion in Limine is denied, and may be re-raised as a motion for judgment as a matter of law under Rule 50 at the close of plaintiffs' evidence. Defendant's 102 Motion in Limine to Exclude Evidence of the Verdict from Welder's Trial is denied without prejudice, with leave to renew at trial. Defendant's 103 Motion in Limine to Exclude Evidence from Ken Scurto is denied without prejudice, subject to the same terms and conditions imposed by the Court with regard to similar motions. The Parties' Unopposed 113 Motion to Bifurcate Case and Compel Arbitration With Regard to Declaratory Judgment claim is granted. The claim for declaration that benefits remain owing on the policy is severed from this action and the parties shall engage in arbitration of this claim pursuant to the terms of this policy. The plaintiff& #039;s claim for willful wanton breach of contract that would allow for non-economic damages is deemed withdrawn. Plaintiffs will amend the Final Pretrial Order accordingly. Revised Final Pretrial Order due by 6/8/2009. Jury Trial set for 1/11/2010 at 01:00 PM in Courtroom A 901 before Judge Marcia S. Krieger. (Court Reporter Paul Zuckerman.) (wjc, )
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Filing
108
OPINION AND ORDER DENYING EMERGENCY MOTION TO STRIKE: The Plaintiffs' Emergency 105 Motion to Strike, construed as a motion to seal, is DENIED without prejudice. by Judge Marcia S. Krieger on 3/26/09.(msksec, )
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Filing
94
Opinion and ORDER Granting, in Part, 60 Motion for Summary Judgment. Continentals Motion for Summary Judgment 60 is GRANTED IN PART, insofar as Mr. and Ms. Spreng lack standing to pursue any claims sounding in contract relating to the insurance p olicy between Continental and JFS, and thus Mr. and Ms. Sprengs claims for declaratory judgment, breach of contract, and breach of the covenant of good faith and fair dealing are DISMISSED for lack of subject matter jurisdiction; Continental is entit led to judgment on all Plaintiffs claims of conversion, abuse of process, violation of the CCPA, fraud, and civil conspiracy; and Continental is entitled to judgment on JFS and Mr. Sprengs claim for outrageous conduct; and DENIED IN PART, insofar as there is a genuine dispute as to material fact requiring trial of Ms. Sprengs outrageous conduct claim. Because this ruling disposes of all claims asserted by Mr. Spreng, the caption of this case is AMENDED to omit reference to Plaintiff Wayne Spren g. The claims proceeding to trial are: (i) JFS claims for declaratory judgment; (ii) JFS claim for breach of contract; (iii) JFS claim for breach of the covenant of good faith and fair dealing; and (iv) Ms. Sprengs claim for outrageous conduct, by Judge Marcia S. Krieger on 03/05/09.(wjc, )
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Filing
10
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS: Any exhibits and depositions to be used during this case, counsel for the parties shall obtain such exhibits and depositions from the Court within 30 days after any judgment is entered or closure o f the case. Counsel shall retain same for 60 days beyondthe later of the time to appeal or conclusion of any appellate proceedings. Failure to retrieve exhibits and depositions in conformance with this Order may result in their destruction. Signed by Judge Marcia S. Krieger on 2/14/07. (dlnsl, )
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