Opinion
Civil Action: 12-cv-01729-PAB-CBS
09-04-2012
BANNER REALTY GROUP LTD., Plaintiff, v. BLUE RIDGE INVESTMENTS, LTD., et al., Defendants.
Brian Herbert Wilson , Jr. Ryan Mackenzie Jarvis Steven M. Beattie Jeffrey O. McAnallen
Magistrate Judge Craig B. Shaffer
FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Robin Mason
Counsel:
Brian Herbert Wilson , Jr.
Ryan Mackenzie Jarvis
Steven M. Beattie
Jeffrey O. McAnallen
COURTROOM MINUTES/MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session: 9:17 a.m.
Court calls case. Appearances of counsel.
The court addresses the parties regarding the plaintiff's First MOTION to Amend/Correct/Modify #3 Complaint (Docket No.18, filed on 8/2/2012) and the defendant's BRIEF in Opposition to #18 First MOTION to Amend/Correct/Modify #3 Complaint (Docket No. 21, filed on 8/8/2012).
Discussion between the court and Mr. Wilson regarding how the plaintiff's First MOTION to Amend/Correct/Modify #3 Complaint (Docket No.18, filed on 8/2/2012) will impact moving this case forward. Mr. Wilson informs the court that he feels that the motion is now moot as a result of the defendant's MOTION to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Rule 12(b)(1), Fed.R.Civ.P. (Docket No. 17, filed on 8/1/2012). Mr. Wilson makes an oral motion to withdraw the plaintiff's First MOTION to Amend/Correct/Modify #3 Complaint (Docket No.18, filed on 8/2/2012). The court grants Mr. Wilson's oral motion.
ORDERED: The plaintiff's First MOTION to Amend/Correct/Modify #3 Complaint (Docket No.18, filed on 8/2/2012) shall be WITHDRAWN.
Further discussion regarding the defendant's MOTION to Dismiss for Lack of Subject Matter
Jurisdiction Pursuant to Rule 12(b)(1), Fed.R.Civ.P. (Docket No. 17, filed on 8/1/2012) and the plaintiff's RESPONSE to #17 MOTION to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Rule 12(b)(1), Fed.R.Civ.P. (Docket No. 22, filed on 8/22/2012). Discussion regarding which defendants the plaintiff plans to move forward with in this lawsuit.
ORDERED: The plaintiff shall file its unopposed motion to amend on or before September 7, 2012. The parties shall file their joint motion to remand to state court no later than September 11, 2012. No discovery deadlines shall be set until the motion to remand has been ruled on.
HEARING CONCLUDED.
Court in recess: 9:30 a.m.
Total time in court: 00:13
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303) 825-6119 or toll free at 1-800-962-3345.