Capture Eleven LLC v. Otter Products, LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE CHARLOTTE N. SWEENEY
Civil Action: 	22-cv-02551-CNS-KLM 	Date: September 1, 2022
Courtroom Deputy: 	Julie Dynes 	Court Reporter: Sarah Mitchell
Parties 	Counsel
THE CAPTURE ELEVEN GROUP,
Plaintiff/Counter Defendant,
v.
Benjamin Wagner
OTTER PRODUCTS,
TREEFROG DEVELOPMENTS INC,
James Beard
Heather Kliebnstein
Defendants/Counter Claimants,
v.
VERITY HOSKINS PRODUCTION INC,
Third-Party Defendant.
COURTROOM MINUTES
ORAL ARGUMENT
Court in Session: 9:07 a.m.
Appearance of counsel.
Argument given as to [88] Plaintiff’s Motion for Summary Judgment by Mr. Wagner questions
from the Court.
Argument given as to [88] Plaintiff’s Motion for Summary Judgment by Ms. Kliebenstein with
questions from the Court.
Case No. 1:20-cv-02551-CNS-KAS Document 126 filed 09/01/22 USDC Colorado
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Additional argument by Mr. Wagner with questions from the Court.
The Court makes findings of fact, conclusions of law. As outlined on the record it is
ORDERED: 	[88] Plaintiff’s Motion for Summary Judgment is DENIED.
Parties are to confer and submit proposed deadlines as to experts by
September 12, 2022.
Once that is submitted, the Court will set a Pretrial Conference.
Discussion held on state law versus federal law as to revocability.
ORDERED: 	Parties may submit briefs, limited to 8-pages, by September 12, 2022, as to
revocability and whether state or federal law applies.
Court in Recess: 10:48 a.m. 	Hearing concluded. 	Total time in Court: 01:41
Case No. 1:20-cv-02551-CNS-KAS Document 126 filed 09/01/22 USDC Colorado
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