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Taylor Bean & Whitaker Mortgage Corp. v. Clarion Mortgage Capital

December 12, 2008

TAYLOR BEAN & WHITAKER MORTGAGE CORP., A FLORIDA CORPORATION, PLAINTIFF,
v.
CLARION MORTGAGE CAPITAL, INC., A COLORADO CORPORATION, NATIONAL CITY MORTGAGE COMPANY, AN OHIO CORPORATION, UPSTREET DEVELOPMENT, LLC., A COLORADO LIMITED LIABILITY COMPANY, JON C. THOMPSON, INDIVIDUALLY, LEGACY CONSTRUCTION SERVICES, LLC., A COLORADO LIMITED LIABILITY COMPANY, CHRIS FOSTER, INDIVIDUALLY, JAMES BARNETT, INDIVIDUALLY, JEWELS DEVELOPMENT AND CONSTRUCTION SERVICES, LLC, A COLORADO LIMITED LIABILITY COMPANY, CURT KARLEN, INDIVIDUALLY AND BRYCE MOEDER, INDIVIDUALLY, DEFENDANTS.



The opinion of the court was delivered by: Senior District Judge Richard P. Matsch

Courtroom Deputy: J. Chris Smith

FTR Technician: Kathy Terasaki

COURTROOM MINUTES

Scheduling Conference 11:00 a.m. Court in session.

Mr. Lipinsky confirms that defendants Legacy, Jewels, Karlen and Moeder are in default. Counsel submit a supplement to proposed scheduling order to Court.

Discussion regarding state court criminal proceedings, case facts and claims, parties' respective positions, pending motions and discovery.

ORDERED: Plaintiff's Motion to Strike Untimely Answer of Defendants Foster and Barnett, filed October 9, 2008 [26], is denied.

ORDERED: Defendant National City Mortgage Company 's Motion To Dismiss Counts One, Two and Nine of Plaintiff's Complaint, filed October 14, 2008 [32], is denied.

ORDERED: Defendant Clarion Mortgage Capital, Inc.'s Motion to Dismiss, filed October 24, 2008 [41], is denied.

ORDERED: Plaintiff's Motion to Quash Subpoenas, filed November 26, 2008 [56], is denied.

Plaintiff shall provide to defendants all appraisals done by Mr. Forsythe.

ORDERED: Plaintiff's Unopposed Motion for Dismissal of Ninth Claim for Relief Against Defendant Clarion, filed December 4, 2008 [60], is granted.

ORDERED: Unopposed Motion for Extension of Time, filed December 5, 2008 [61], is moot.

Mr. McAllister states defendants Foster and Barnet will not participate in discovery and are ...


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