Free Motion Hearing - District Court of Colorado - Colorado

Case 1:04-cv-01062-ZLW-BNB

Document 125

Filed 10/11/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk October 11, 2005 Adrienne Whitlow, Court Reporter Valeri P. Barnes, Deputy Clerk Civil Action No. 04-cv-01062-ZLW-BNB THE QUIZNO' MASTER LLC, and S THE QUIZNO' FRANCHISE S COMPANY LLC, Plaintiffs, v. R&B MANAGEMENT GROUP, LLC, an Alabama limited liability company, ROYCE GWIN, an individual, and REBECCA GWIN, an individual, Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Hearing on Plaintiffs'Motion For [Summary] Judgment 2:20 p.m. Court in session. Eldon Silverman Dennis Kaw Leonard MacPhee

Court' comments. s Argument by Mr. MacPhee. Argument by Mr. Silverman. Rebuttal argument by Mr. MacPhee. 3:43 p.m. 3:55 p.m. Court in recess. Court in session.

Case 1:04-cv-01062-ZLW-BNB

Document 125

Filed 10/11/2005

Page 2 of 2

ORDERED: Plaintiffs' Motion for [Summary] Judgment (#88) is granted as to the breach of contract counterclaim to the extent that it is based on an alleged oral contract modification, and denied as to the rest of the breach of contract counterclaim and the remaining counterclaims. Promissory estoppel will be treated as a separate counterclaim, and the unconscionability claim will be treated as an affirmative defense. Parties are strongly urged to meet with Magistrate Boland to attempt to resolve this case. 4:01 p.m. Court in recess/hearing concluded.

Total in-court time: 1:29.

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