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Fenner v. United States Gypsum Co.

United States District Court, District of Colorado
Jul 11, 2023
Civil Action 23-cv-00525-CNS-KLM (D. Colo. Jul. 11, 2023)

Opinion

Civil Action 23-cv-00525-CNS-KLM

07-11-2023

EARL FENNER JR. Plaintiff v. UNITED STATES GYPSUM COMPANY, L&W SUPPLY Defendants

EARL FENNER JR. Steven Murray UNITED STATES GYPSUM COMPANY L&W SUPPLY Defendants Shanthi Gaur, Michael Bell, Rebecca Lindell Appearance of counsel. Also present is Brett Nerad, in-house counsel for United States Gypsum Company.


EARL FENNER JR. Steven Murray

UNITED STATES GYPSUM COMPANY L&W SUPPLY Defendants Shanthi Gaur, Michael Bell, Rebecca Lindell

Appearance of counsel. Also present is Brett Nerad, in-house counsel for United States Gypsum Company.

COURTROOM MINUTES

CHARLOTTE N. SWEENEY, JUDGE

ORAL ARGUMENT

Court in Session: 2:59 p.m.

The Court makes findings of fact, conclusions of law. As outlined on the record it is

ORDERED: [19] Defendant United States Gypsum Company's Motion to Dismiss Plaintiff's First Amended Complaint for Improper Venue Pursuant to Fed.R.Civ.P.12(B)(3) or, in the Alternative to Transfer Venue Pursuant to 28 U.S.C. § 1404 is DENIED.

Argument as to [23] Defendant L&W Supply Corporation's Federal Rule 12(b)(6) Motion to Dismiss Plaintiff's Sixth Claim for Relief by Mr. Bell and Mr. Murray with questions from the Court.

The Court makes findings of fact, conclusions of law. As outlined on the record it is

ORDERED: [23] Defendant L&W Supply Corporation's Federal Rule 12(b)(6) Motion to Dismiss Plaintiff's Sixth Claim for Relief is GRANTED. Claim is dismissed with prejudice.

[49] Defendant L&W Supply Corporation's Motion for Sanctions is DENIED.

Discussion held on discovery.

Discussion held on the plaintiff's fees regarding response to [49] Defendant L&W Supply Corporation's Motion for Sanctions.

Discussion held on deposition locations.

ORDERED: Settlement conference with the magistrate judge is authorized.

Court in Recess: 3:37 a.m. Hearing concluded. Total time in Court: 00:38


Summaries of

Fenner v. United States Gypsum Co.

United States District Court, District of Colorado
Jul 11, 2023
Civil Action 23-cv-00525-CNS-KLM (D. Colo. Jul. 11, 2023)
Case details for

Fenner v. United States Gypsum Co.

Case Details

Full title:EARL FENNER JR. Plaintiff v. UNITED STATES GYPSUM COMPANY, L&W SUPPLY…

Court:United States District Court, District of Colorado

Date published: Jul 11, 2023

Citations

Civil Action 23-cv-00525-CNS-KLM (D. Colo. Jul. 11, 2023)