Free Status Conference - District Court of Colorado - Colorado

Case 1:01-cv-02018-RPM-MJW

Document 611

Filed 06/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: June 28, 2005 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 01-cv-2018-(MJW) APARTMENT INVESTMENT AND MANAGEMENT COMPANY, a/k/a AIMCO, a Maryland corporation, Jeffrey Hall Thomas Roberts Karma Giulianelli

Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation, SECURITY INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, FIRST CAPITAL AGENCY, INC., d/b/a First Capital Group, a New York corporation, NATIONAL PROGRAM SERVICES, INC., a New Jersey corporation, VITO B. GRUPPUSO, a New Jersey resident, and ROGER METZGER ASSOCIATES, a New York corporation, Defendants. And RAY BALDWIN, a Texas resident, Michael Massengale SWAIN & BALDWIN INSURANCE, INC., a Texas corporation, Nick Brady LOCKTON COMPANIES, INC., a Missouri corporation, and Jed Reeg LOCKTON COMPANIES OF COLORADO, INC., a Colorado corporation, Additional parties, CANANWILL INC., Christian Schmidt Marc Singer John Martin Jeffrey Chase Charles Tuffley John Trigg Julie Walker No appearance James Miletich Paul Collins

Movant. ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Status Conference

Case 1:01-cv-02018-RPM-MJW

Document 611

Filed 06/28/2005

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June 28, 2005 01-cv-02018-RPM-MJW 2:00 p.m. Court in session.

Court' preliminary remarks. s Entry of appearances by counsel. Mr. Miletech states National Program Services, Inc. is a defunct corporation and is unrepresented. Statements by the Court regarding pending motions and current status of the case. 2:07 p.m. Statements by Mr. Schmidt regarding status of the New Jersey litigation.

Mr. Schmidt states the parties in that litigation are scheduled for mediation August 15, 16 and 17, 2005 and that if an agreement is not reached it will be set for trial in early 2006. 2:08 p.m. 2:11 p.m. Statements by Mr. Singer. Statements by Mr. Hall.

Mr. Hall states plaintiff' position with respect to Cananwill is that the matter is being fully s litigated in New Jersey. 2:18 p.m. 2:23 p.m. 2:25 p.m. Statements by Mr. Tuffey. Statements by Ms. Walker. Statements by Mr. James Miletech.

Mr. Miletech states Mr. Gruppuso is scheduled to be sentenced (plea agreement) September 19, 2005 for insurance fraud related claims which may overlap the claims in this case. 2:27 p.m. Position statements / argument by Mr. Martin.

Mr. Martin states National paid $41.7 million in claims, collected $28.7 in premiums, $13 million shortfall and the type of claims were tornado, wind, hail, rain and fire. 2:47 p.m. ORDERED: 2:54 p.m. ORDERED: Position statements / argument by Mr. Hall. All parties'Colorado Consumer Protection Act claims are dismissed. Argument by Mr. Collins in support of bifurcation (doc. 599). Joint Motion to Bifurcate, filed June 21, 2005 (doc. 599), is denied.

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Case 1:01-cv-02018-RPM-MJW

Document 611

Filed 06/28/2005

Page 3 of 3

June 28, 2005 01-cv-02018-RPM-MJW 2:57 p.m. 2:58 p.m. 3:00 p.m. ORDERED: Argument by Mr. Reeg. Argument by Mr. Trigg. Argument by Mr. Roberts. All parties'Motions for Summary Judgment are denied. (documents 423, 529, 530, 531, 534, 535, 536, 537, 538, 539, 540, 542, 544, 546 and 549), are denied. Cananwill, Inc.' Motion to Intervene, filed December 23, 2003 (doc. 343), s denied. Order of reference to Magistrate Judge Watanabe is vacated. Pretrial conference is scheduled for October 7, 2005 at 10:00 a.m. Counsel shall submit a proposed pretrial order by September 30, 2005. Court in recess.

ORDERED:

ORDERED: ORDERED:

3:13 p.m.

Hearing concluded. Total time in court: 1 hr. 13 min.

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