Czarniak v. 20/20 Inst.

Full title: SCOTT CZARNIAK and ADRIENNE CZARNIAK, Plaintiffs, v. 20/20 INSTITUTE and…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Dec 14, 2011

Civil Action No. 10-cv-03115-RPM (D. Colo. Dec. 14, 2011)

Opinion

Civil Action No. 10-cv-03115-RPM

12-14-2011

SCOTT CZARNIAK and ADRIENNE CZARNIAK, Plaintiffs, v. 20/20 INSTITUTE and MATTHEW K. CHANG, M.D. Defendant.

Todd J. Krouner Keith F. Cross Benjamin P. Swartzendruber Deana R. Dagner C. Gregory Tiemeier Max Stich

Richard P. Matsch

Senior District Judge Richard P. Matsch

Courtroom Deputy: J. Chris Smith

FTR Technician: Kathy Terasaki

Todd J. Krouner

Keith F. Cross

Benjamin P. Swartzendruber

Deana R. Dagner

C. Gregory Tiemeier

Max Stich

COURTROOM MINUTES

Hearing on Pending Motions

3:56 p.m. Court in session.

Counsel state the motion with respect to the subpoena with respect to the Colorado Avalanche is resolved.

ORDERED: Defendant 20/20 Institute's Motion for Contempt and other Appropriate Sanctions [35] is denied.

3:58 p.m. Argument by Mr. Krouner [34],

4:03 p.m. Argument by Mr. Stich.

ORDERED: Defendants' shall produce the 2008 and 2009 1099 tax information.

4:05 p.m. Argument by Mr. Swartzendruber.

ORDERED: Defendants' to produce compensation plans (Rainwater and Tallant) as stated on record.

Defendants' Motion for Protective Order [34], is granted with respect tax information and compensation plans as stated on record and denied in all other respects.

4:08 p.m. Argument by Mr. Stich [37].

4:11 p.m. Argument by Mr. Krouner.

ORDERED: Defendants permitted to get an appraisal on the house in Avon and an expert opinion with respect to value as agreed on as stated on record.

Additional time to designate financial experts is granted.

ORDERED: Joint Motion to Amend Scheduling Order re: financial experts [46], is granted (30 days -).

4:23 p.m. Argument by Mr. Stich. Argument by Mr. Tiemeier.

4:28 p.m. Argument by Mr. Swartzendruber.

4:30 p.m. Rebuttal argument by Mr. Krouner.

ORDERED: Plaintiffs to produce 2008 and 2009 tax 1040s related to the capacity to continue to pay the indebtedness of the house (monthly basis) as stated on record.

Further statements by Mr. Tiemeier and Mr. Swartzendruber.

ORDERED: Defendants' Motion to Compel [37], is granted and denied as ruled on record.

Discussion regarding scheduling and discovery.

ORDERED: Pretrial conference scheduled March 23, 2011 at 2:00 p.m.

Counsel to submit a revised proposed scheduling order by December 22, 2011.

Further argument by Mr. Krouner.

Further argument by Mr. Tiemeier.

ORDERED: Defendants' requests for return of Dr. disclosures is denied with limitations on use.

4:40 .m. Court in recess.

Hearing concluded. Total time: 44 min.