Free Status Conference - District Court of Colorado - Colorado

Case 1:04-cv-01258-LTB-BNB

Document 147

Filed 10/18/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Date: October 18, 2005 Court Reporter: Gwen Daniel _____________________________________________________________________ Case No. 04-cv-01258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING - Review Stay Court in Session Appearances Court' comments s The matter is before the court today to see if a $400,000 Supersedeas Bond was posted. There is no record of the submission of the $400,000 bond. 1 Rosemary Orsini Brian Matise Counsel: Patrick McElhinny (telephonically) R. Daniel Sheid

Case 1:04-cv-01258-LTB-BNB

Document 147

Filed 10/18/2005

Page 2 of 2

Court' further comments s Ms. Orsini' comments - the defendants have decided that they would go ahead and s pay the entirety of the Judgment as it exists today, plus tax, plus interest. They are here with a Cashiers Check. The Defendants believe that with this Cashier' Check, s they now have payed the Judgment in full. Mr. McElhinny' comments - he does not think that this pays the entirety of the s Judgment. They are entitled to attorney' fees, and the amount of the fees at this point s is not clear. Defendants need to post bond in the amount of $400,000. Mr. McElhinny' further comments s Ms. Orsini' further comments s Court' further comments s The Court will enter a written order vacating the stay of execution of Judgment, including writs of garnishment. Discussion re attorney fees issue Pursuant to the Order of September 19, 2005, Plaintiff has up to and including October 19, 2005 to file a reply brief on the issue of attorney fees. ORDERED: Defendant has up to and including October 26, 2005 to file any sur-reply to Plaintiff' reply. s ORDERED: A scheduling hearing (to see if an evidentiary hearing is necessary on the attorney fees issue) is set Thursday, November 3, 2005 at 3:00 p.m. Mr. McElhinny may appear by telephone. 08:19 a.m. Court in Recess Hearing concluded Time: 19 minutes

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