Renaisance Ribbons, Inc. v. Hadley Pollet

PRETRIAL CONFERENCE ORDER

Pursuant to court order, a Pretrial Conference was held on October 22, 2010 before Judge John Mendez. David Springfield appeared as counsel for plaintiff; Geoffrey O. Evers appeared as counsel for defendant. After hearing, the court makes the following findings and orders:

I. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. Section 1332, and has previously been found to be proper by order of this court, as has venue. Those orders are confirmed.

II. JURY/NON-JURY

Plaintiff has requested a court trial. The Court grants this request.

III. UNDISPUTED FACTS

At issue is determination of the total amount of money due, if any, under a contract, a settlement agreement plaintiff claims was breached by defendant Hadley Pollet. The Settlement Agreement, attached to the operative First Amended Complaint as Exhibit A is not disputed to exist as a contract between the parties and its terms are not in dispute.

IV. DISPUTED FACTUAL ISSUES

Plaintiff claims that defendant breached by not paying as due since May of 2007, but defendant denies this (paragraph 11 of Answer to First Amended Complaint). Defendant admits that no payments have been made since May 2007.

V. DISPUTED EVIDENTIARY ISSUES

None.

VI. RELIEF SOUGHT

Plaintiff Renaissance Ribbons requests the full amount of money due and interest to be awarded in a judgment. She also requests an order to award her reasonable attorneys' fees in the amount according to proof at the time of trial or thereafter on noticed motion, in the discretion of the Court, because Hadley Pollet has refused to withdraw its claims and defenses, without basis (according to plaintiff).

VII. POINTS OF LAW

The parties are not required to file trial briefs. If a party desires to file a trial brief, it shall be E-filed with the court no later than seven (7) days prior to the date of trial, i.e., December 6, 2010. Any points of law not previously argued to the Court may be briefed in the trial briefs.

VIII. ABANDONED ISSUES

The parties are not aware of any abandoned issues in this case.

IX. WITNESSES

Plaintiff and Defendant anticipate calling the following witnesses:

1. Person Most Knowledgeable at Renaissance Ribbons; and

2. Hadley Pollet.

Each party may call a witness designated ...