Madison Services Company, LLC v. Gordon
Plaintiff: Madison Services Company, LLC
Defendant: John Gordon
Case Number: 1:2009cv02369
Filed: October 5, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Arapahoe
Presiding Judge: Marcia S. Krieger
Presiding Judge: Kathleen M. Tafoya
Nature of Suit: None
Cause of Action: 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
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Date Filed Document Text
October 31, 2012 Opinion or Order Filing 357 OPINION AND ORDER GRANTING MOTION FOR ATTORNEY'S FEES: Madison's Motion for Attorney's Fees 330 is GRANTED. The Judgment (#301) in this action is DEEMED AMENDED to award Madison the sum $85,320.50 against Mr. Gordon. Post-judgment interest on that sum shall accrue pursuant to 28 U.S.C. § 1961 until paid in full. by Judge Marcia S. Krieger on 10/31/12.(msksec, )
March 28, 2012 Opinion or Order Filing 329 Opinion and ORDER Denying [306 ( 309 ) Defendant/Counterclaimant John Gordon's Motion to Reconsider. Granting in part and denying in part 304 Madison's Motion for Attorney Fees. Granting 317 Madison's Unopposed Motion to Seal Counterclaimant's Motion to Reconsider, by Judge Marcia S. Krieger on 3/28/12.(gmssl, )
March 16, 2011 Opinion or Order Filing 299 OPINION AND ORDER GRANTING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE FEDERAL CLAIMS AND DECLINING JURISDICTION OVER REMAINING STATE LAW CLAIMS. Mr. Gordon's 245 Motion to Supplement the Administrative Record is DENIED AS MOOT. P laintiff/Counter-Defendant Madison Services Company, LLC's 184 Motion for Judgment on the Pleadings is GRANTED IN PART insofar as it seeks judgment as to Claims 1 and 2 and Counterclaims 3 and 4 and DENIED IN PART AS MOOT insofar as it seeks a judgment on Claim 3. Counterclaims 1, 2, 5, 6, and 7 are DISMISSED without prejudice. The Clerk will enter a judgment consistent with this Order, by Judge Marcia S. Krieger on 03/16/2011.(wjcsl, )
September 9, 2010 Opinion or Order Filing 198 ORDER Setting Settlement Conference for 1/11/2011 at 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 09/09/2010. (wjc, )
September 2, 2010 Opinion or Order Filing 188 OPINION AND ORDER GRANTING IN PART PARTIAL MOTION TO DISMISS COUNTERCLAIMS. Plaintiff Madison Services Company, LLC n/k/a M Capital Service, LLC's 17 Motion to Seal is GRANTED. Exhibit B to Plaintiff's Motion to Dismiss ( 18 ) shall rema in sealed. Defendant Gordon's 66 Motion to Seal is GRANTED IN PART and DENIED IN PART. Exhibits B, C, D, J, and M to Defendant's Response ( 67 , 67 -1, 67 -2, 67 3, 67 -4) shall remain sealed. Exhibit N ( 67 -5, 67 -6) shall be unsea led. Plaintiff Madison Services Company, LLC n/k/a M Capital Services, LLC's 16 Partial Motion to Dismiss is GRANTED IN PART and DENIED IN PART, with leave to renew as to Counterclaims 5 and 6. Counterclaim 8 is DISMISSED. Counterclaims 1, 2, 3, 4, 5, 6, and 7 remain pending, by Judge Marcia S. Krieger on 09/02/2010.(wjc, )
August 31, 2010 Opinion or Order Filing 185 Minute Entry for Motion Hearing held on 8/31/2010 held before Magistrate Judge Kathleen M. Tafoya. Granting in part and denying in part 127 Motion to Compel. Taking under advisement 138 Motion to Supplement. (Court Reporter FTR - Nick Richards) (kmtcd)
August 17, 2010 Opinion or Order Filing 183 AMENDED 30 ORDER Setting Settlement Conference for 9/7/2010 at 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 08/17/2010. (wjc, )
June 4, 2010 Opinion or Order Filing 117 STIPULATED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 06/04/2010. (wjc, )
May 20, 2010 Opinion or Order Filing 99 Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 5/20/2010. Ordered: denying 85 Motion for Protective Order or Motion to Quash; denying without prejudice 90 Motion for Protective Order. (Court Reporter FTR - Kathleen Finney) (klmcd)
April 13, 2010 Opinion or Order Filing 77 Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 4/13/2010. Defendants 38 MOTION for Leave to Conduct Discovery Regarding Administrative Claims is GRANTED. Discovery is limited to issues concerni ng the Administrators conflict of interest and may include evidence regarding John Gordons departure from the company and the Administrators interpretation of the term general release as the term is used in the Plan. Discovery pursuant to this Order shall not include inquiry into misappropriation of funds, if any, by Bryan Gordon. Discovery on the Administrative Record will be concluded sixty days from the date of this Order. Defendants 37 MOTION to Supplement 32 Administrative Record is DEN IEDwithout prejudice. A renewed Motion to Supplement the Administrative Recordmay be filed on or before June 14, 2010 with specific justification for eachrequested supplement and its specific relation to the conflict of interest of the Plan Administr ator. Any response to the renewed Motion shall be filed on orbefore July 5, 2010 and any Reply on or before July 19, 2010. The Briefing Schedule on the Declaratory Judgment claims and associated counterclaims is amended as follows: Plaintiffs Opening Brief filed on or before August 19, 2010; Response Brief filed on or before September 13, 2010; Reply Brief filed on or before October 12, 2010. No other modification of the current discovery schedule are allowed. Plaintiffs 52 MOTION to Stay Disc overy and Disclosure Pending Determinationof Subject Matter Jurisdiction and Standing Issues is GRANTED in part andDENIED in part as follows: The Motion is DENIED and discovery will proceed as noted herein with respect to Plaintiffs Declaratory claim s and Defendants Counterclaims 3 and 4. The Motion is DENIED and discovery will proceed as set forth in the Scheduling Order with respect to Defendants Counterclaims 1 and 2 concerning Defendants employment with Plaintiff. The motion is GRANTED and d iscovery is stayed as to Defendants Counterclaims 5 through 8, the derivative claims as to which a motion to dismiss for lack of subject matter jurisdiction is pending. The parties shall file a status report with the court within five days of any rul ing on this motion to dismiss or any other motion to dismiss which might affect the discovery in this matter, including rulings in the state matter. Defendants 54 MOTION for Extension of Time to Respond to Defendant'sRequests for Production of Document is GRANTED in part to May 03, 2010. Defendant shall notify the Plaintiff in writing on or before April 16, 2010 of any discovery request the Defendant concedes is barred by the stay oncounterclaims 5 through 8.(FTR - Debra Brown) (kmtcd, )
February 22, 2010 Opinion or Order Filing 31 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 2/22/2011 at 10:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. Judge Marcia S. Krieger on 2/22/10. (msksec, )
December 7, 2009 Opinion or Order Filing 13 ORDER Setting Scheduling Conference for 2/18/2010 at 09:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 12/07/2009. (wjc, )
October 26, 2009 Opinion or Order Filing 10 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and deposition s from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 10/26/09. (mskcd)
October 7, 2009 Opinion or Order Filing 5 ORDER SETTING HEARING UNDER FED.R.CIV.P. 16: Rule 16 Hearing set for 12/17/2009 at 04:00 PM in Courtroom A 901 before Judge Marcia S. Krieger.Judge Marcia S. Krieger on 10/7/09. (msksec, )
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Plaintiff: Madison Services Company, LLC
Represented By: Denise D. Riley
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Defendant: John Gordon
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