Palmer North America LLC v. Wanzek Construction Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE CHARLOTTE N. SWEENEY
Civil Action: 	22-cv-03290-CNS-MDB 	Date: October 2, 2023
Courtroom Deputy: 	Julie Dynes 	Court Reporter: Sarah Mitchell
Parties 	Counsel
PALMER NORTH AMERICA LLC 	Mark Goodman
Michael O’Donnell
Plaintiff
v.
WANZEK CONSTRUCTION INC
MASTEC INC
Bret Gunnell
Michael Subak
Defendants
EVRAZ NORTH AMERICA PLC
Third-party Defendant
COURTROOM MINUTES
ORAL ARGUMENT
Court in Session: 1:01 p.m.
Appearance of counsel.
Argument as to [77] Defendant Wanzek Construction Inc.’s Partial Motion to Dismiss Counts IV
and V of Plaintiff’s Second Amended Complaint by Mr. Subak and Mr. Goodman with questions
from the Court.
The Court makes findings of fact, conclusions of law. As outlined on the record it is
ORDERED: 	[77] Defendant Wanzek Construction Inc.’s Partial Motion to Dismiss
Counts IV and V of Plaintiff’s Second Amended Complaint is GRANTED in
part and DENIED in part.
Case No. 1:22-cv-03290-CNS-MDB Document 98 filed 10/02/23 USDC Colorado
pg 1 of 2

ORDERED: 	Claim four is dismissed, with leave to amend within ten days.
Court in Recess: 1:47 p.m. 	Hearing concluded. 	Total time in Court: 00:46
Case No. 1:22-cv-03290-CNS-MDB Document 98 filed 10/02/23 USDC Colorado
pg 2 of 2