Heit et al v. EDF Trading North America, LLC
| Jeffrey Heit and Lance Titus |
| EDF Trading North America, LLC |
| 1:2011cv00464 |
| February 24, 2011 |
| US District Court for the District of Colorado |
| Denver Office |
| Jefferson |
| William J Martinez |
| Michael J Watanabe |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 61 Civil Case Terminated pursuant to the Joint Stipulation for Dismissal of action filed in this case on 1/25/2013. Text Only Entry (ervsl, ) |
| Filing 60 STIPULATION of Dismissal of Case by Defendant EDF Trading North America, LLC, Plaintiffs Jeffrey Heit, Lance Titus. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Rohner, Daniel) |
Filing 59
ORDER: This matter is before the Court on the Parties' Notice of Settlement #58 . Pursuant to the Notice of Settlement, the Trial in this matter set for January 22, 2013 is hereby VACATED. Pursuant to the Parties Notice of Settlement, they are DIRECTED to file a Stipulated Dismissal with Prejudice on or before January 25, 2013. SO ORDERED by Judge William J. Martinez on 01/17/2013. Text Only Entry (wjmsec, )
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| Filing 58 NOTICE of Settlement by Defendant EDF Trading North America, LLC, Plaintiffs Jeffrey Heit, Lance Titus (Rohner, Daniel) |
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Filing 57
ORDER: This matter is before the Court on the Parties' Conference Call to Chambers indicating a settlement has been reached in this case. The Parties' are DIRECTED to file a Notice of Settlement by 4:30 p.m. today, January 17, 2013. The Notice of Settlement should include a statement that a Settlement Agreement has been executed by all parties; that a meeting of the minds has been reached as to all material terms of the Settlement Agreement; that the Settlement Agreement finally and fully resolves all remaining claims in this action; and that final dismissal papers will be filed on or before January 25, 2013. If such a Notice of Settlement is timely filed the Court will VACATE the trial date; if such a Notice of Settlement is not timely filed, the jury trial scheduled to commence this Tuesday January 22, 2013 at 8:00 a.m will proceed as scheduled. SO ORDERED by Judge William J. Martinez on 01/17/2013. Text Only Entry (wjmsec, )
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| Filing 56 Exhibit List Amended by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 55 Exhibit List FINAL by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 54 AFFIDAVIT/RETURN of Service of Subpoena upon Kyle Smith on 1/5/2013, filed by Defendant EDF Trading North America, LLC (Lyons, Edward) |
| Filing 53 AFFIDAVIT/RETURN of Service of Subpoena upon Victoria Campbell on 1/7/2013, filed by Defendant EDF Trading North America, LLC (Lyons, Edward) |
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Filing 52
TRANSCRIPT of Final Trial Preparation Conference held on 1/4/2013 before Judge Martinez. Pages: 1-31. |
| Filing 51 MINUTE ENTRY for proceedings held before Judge William J. Martinez: Trial Preparation Conference held on 1/4/2013. ORDERED: Both sides shall e- mail to chambers by Wednesday, January 9, 2013, a list that identifies all the lawyers and parties or party representatives who will be present at counsel table during trial. ORDERED: Trial counsel shall meet face-to-face to review exhibits and to attempt to stipulate to as many exhibits as possible with respect to admissibility and authenticity. Revised exhibit lists shall be filed by Monday, January 14, 2013. ORDERED: Counsel shall be present at 8:00 a.m. on Tuesday, January 22, 2013, regarding voir dire questions. Court Reporter: Gwen Daniel. (ervsl, ) |
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Filing 50
ORDER denying #49 Defendant's renewed Motion in Limine. This Court denied Defendant's original #28 Motion in Limine for failure to file said Motion in a manner which both complied with Local Rule 7.1A and did so within the deadline set by this Court's Revised Practice Standard III.F.3 (December 1, 2012). The fact that this Court's Order #49 denied the earlier Motion in Limine without prejudice did not operate to grant Defendant leave to refile its Motion in Limine in an even more untimely fashion. Defendant's original Motion in Limine was denied without prejudice solely to reflect the fact that the Court had not ruled substantively on the merits, if any there be, of any of the grounds therein asserted by Defendant for the exclusion of evidence. The effect of this Order was thus limited to keeping open the possibility that SOME of the grounds raised in the Motion in Limine MIGHT be appropriate for renewal at trial by way of a limited number of objections made on a selective and judicious basis. As a consequence, #49 Defendant's renewed Motion in Limine is DENIED. SO ORDERED by Judge William J. Martinez on 01/03/2013. Text Only Entry(wjmsec, )
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| Filing 49 MOTION in Limine by Defendant EDF Trading North America, LLC. (Attachments: #1 Proposed Order (PDF Only))(Temple, Mark) |
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Filing 48
ORDER denying without prejudice #28 Defendants Motion in Limine. Defendant's Motion is DENIED for failure to meaningfully confer and timely comply with D.C.COLO.LCivR 7.1A. Hoelzel v. First Select Corp., 214 F.R.D. 634 (D. Colo. 2003). See also Practice Standards for Criminal and Civil Matters before William J. Martnez, U.S. District Court for the District of Colorado at III. F. SO ORDERED by Judge William J. Martinez on 1/2/2013. Text Only Entry (wjmlc2, )
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| Filing 47 SUPPLEMENT/AMENDMENT to #28 MOTION in Limine by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 46 NOTICE re #27 Order on Motion for Summary Judgment PLAINTIFFS IDENTIFICATION OF ADDITIONAL ISSUES TO BE ADDRESSED AT TRIAL PREPARATION CONFERENCE by Plaintiffs Jeffrey Heit, Lance Titus (Rohner, Daniel) |
| Filing 45 RESPONSE to #30 Proposed Jury Instructions by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 44 RESPONSE to #28 MOTION in Limine filed by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 43 Proposed Voir Dire by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 42 Witness List Proposed by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 41 Exhibit List Proposed by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 40 OBJECTIONS to #30 Proposed Jury Instructions Objections to Plaintiffs' Disputed Proposed Jury Instructions by Defendant EDF Trading North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Temple, Mark) |
| Filing 39 Proposed Voir Dire Defendant EDF Trading North America, LLC's Proposed Voir Dire Questions by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 38 Exhibit List Defendant's Final List of Proposed Exhibits by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 37 Witness List Defendant's Final Witness List by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 36 Proposed Verdict Form Defendant's Proposed Verdict Forms by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 35 Proposed Jury Instructions Defendant's Disputed Jury Instructions with Authority by Defendant EDF Trading North America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Temple, Mark) |
| Filing 34 STIPULATION Stipulated Jury Instructions with Authority by Defendant EDF Trading North America, LLC. (Attachments: #1 Exhibit A)(Temple, Mark) |
| Filing 33 STIPULATION Stipulated Statement of the Case by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 32 Witness List Defendant's Pretrial Disclosures by Defendant EDF Trading North America, LLC. (Temple, Mark) |
| Filing 31 Proposed Verdict Form by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 30 Proposed Jury Instructions Disputed with Authority by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
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Filing 29
ORDER: This matter is before the Court on Defendant's Motion in Limine #28 . Plaintiffs have up to and including December 28, 2012 within which to file a Response. SO ORDERED by Judge William J. Martinez on 12/20/2012. Text Only Entry (wjmsec, )
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| Filing 28 MOTION in Limine by Defendant EDF Trading North America, LLC. (Attachments: #1 Proposed Order (PDF Only))(Temple, Mark) |
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Filing 27
ORDER denying #19 Defendant's Motion for Summary Judgment in its entirety, by Judge William J. Martinez on 11/20/2012.(ervsl, )
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Filing 26
ORDER: A 4-Day Jury Trial is hereby set to begin on January 22, 2013 at 8:00 a.m. in Courtroom A801. The Final Trial Preparation Conference is set for January 4, 2013 at 2:00 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards to ensure compliance with all deadlines triggered by the dates of the Final Trial Preparation Conference and Trial. SO ORDERED by Judge William J. Martinez on 05/14/2012. Text Only Entry (wjmsec, )
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Filing 25
FINAL PRETRIAL ORDER Entered by Magistrate Judge Michael J. Watanabe on 5/7/2012. (Attachments: #1 Plaintiff's Preliminary Exhibit List, #2 Defendant's Preliminary Exhibit List) (mjwcd)
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| Filing 24 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Final Pretrial Conference held on 5/7/2012. Final Pretrial Order entered. (Court Reporter: FTR - Ellen E. Miller) (mjwcd) |
| Filing 23 Proposed Pretrial Order by Plaintiffs Jeffrey Heit, Lance Titus. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rohner, Daniel) |
| Filing 22 REPLY to Response to #19 MOTION for Summary Judgment filed by Defendant EDF Trading North America, LLC. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit T, #10 Exhibit U, #11 Exhibit V)(Temple, Mark) |
| Filing 21 ERRATA re #20 Brief in Opposition to Motion, by Plaintiffs Jeffrey Heit, Lance Titus. (Attachments: #1 Exhibit 2, #2 Exhibit 5)(Rohner, Daniel) |
| Filing 20 BRIEF in Opposition to #19 MOTION for Summary Judgment filed by Plaintiffs Jeffrey Heit, Lance Titus. (Attachments: #1 Exhibit 1, #2 Exhibit 2 part 1, #3 Exhibit 2 part 2, #4 Exhibit 3, #5 Exhibit 4, #6 5, #7 6, #8 7, #9 8, #10 9)(Rohner, Daniel) |
| Filing 19 MOTION for Summary Judgment by Defendant EDF Trading North America, LLC. (Attachments: #1 Exhibit A1-A27, #2 Exhibit A28-A57, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Temple, Mark) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by Defendant EDF Trading North America, LLC.. (Temple, Mark) |
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Filing 17
ORDER: This matter is before the Court sua sponte. On or before December 7, 2011 Defendant EDF Trading North America, LLC, is DIRECTED to file with this Court: (1) a listing of all officers and members of the Defendant, which list shall be verified by affidavit or declaration from someone with personal knowledge of same; and (2) a verified listing of the domicile and state citizenship of all officers and members of Defendant. If a partnership is itself a member of Defendant, then Defendant is directed to provide a verified listing of the domicile and state citizenship of all general, limited and special partners of any such partnership. SO ORDERED by Judge William J. Martinez on 11/28/2011. Text Only Entry (wjmsec, )
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| Filing 16 MINUTE ENTRY for proceedings held before Magistrate Judge Michael J. Watanabe: Settlement Conference held on 9/27/2011. No settlement was reached. (mjwcd) |
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Filing 15
SCHEDULING ORDER: Entered by Magistrate Judge Michael J. Watanabe on 5/20/2011. (mjwcd)
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| Filing 14 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 5/20/2011. Discovery due by 2/20/2012. Dispositive Motions due by 3/5/2012. Settlement Conference set for 9/27/2011 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 5/2/2012. Final Pretrial Conference set for 5/7/2012 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (Court Reporter: FTR - Ellen E. Miller) (mjwcd) |
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Filing 13
AGREED PROTECTIVE ORDER entered by Magistrate Judge Michael J. Watanabe on 5/16/2011. (mjwcd)
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Filing 12
MINUTE ORDER granting #9 Stipulated Motion for Protective Order. The Agreed Protective Order (9) is approved as amended in paragraphs 8 and 12 and made an Order of Court, by Magistrate Judge Michael J. Watanabe on 5/16/2011. (mjwcd,)
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Filing 11
MEMORANDUM regarding #9 Stipulated MOTION for Protective Order filed by Jeffrey Heit, Lance Titus. Motion referred to Magistrate Judge Michael J. Watanabe by Judge William J. Martinez on 05/13/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, )
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| Filing 10 Proposed Scheduling Order by Plaintiffs Jeffrey Heit, Lance Titus. (Rohner, Daniel) |
| Filing 9 Stipulated MOTION for Protective Order by Plaintiffs Jeffrey Heit, Lance Titus. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rohner, Daniel) |
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Filing 8
ORDER Scheduling Conference set for 5/20/2011 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. by Magistrate Judge Michael J. Watanabe on 3/18/2011. (erv, )
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| Filing 7 First Amended ANSWER to #2 Complaint by EDF Trading North America, LLC.(Temple, Mark) (Modified on 3/9/2011 added link to complaint)(erv, ). |
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe. Magistrate Judge Watanabe is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiffs counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. By Judge William J. Martinez on 02/28/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wjmsec, )
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| Filing 5 NOTICE of Compliance with D.C.COLO.LCivR 81.1.B by Defendant EDF Trading North America, LLC (Attachments: #1 Exhibit State Court Docket Sheet)(Lyons, Edward) |
| Filing 4 ANSWER to #2 Complaint and Jury Demand by EDF Trading North America, LLC.(lyg, ) |
| Filing 3 SUMMONS Returned Executed. EDF Trading North America, LLC served on 1/26/2011, answer due 2/16/2011. (lyg, ) |
| Filing 2 COMPLAINT and Jury Demand against EDF Trading North America, LLC, filed by Jeffrey Heit and Lance Titus.(lyg, ) |
| Filing 1 NOTICE OF REMOVAL from Denver County District Court, Case Number 2011-cv-581. (Filing fee $ 350 Receipt Number 35540), filed by EDF Trading North America, LLC. (Attachments: #1 State Court Delay Reduction Order, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet, #4 Receipt)(lyg, ) |
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