American Tradition Institute et al v. State of Colorado, The et al

Plaintiff: American Tradition Institute, American Tradition Partnership and Rod Lueck
Defendant: State of Colorado, The, John (I) Hickenlooper, John Hickenlooper, Barbara (I) J. Kelley, Barbara J. Kelley, Ron (I) Binz, Ron Binz, James (I) Tarpey, James Tarpey, Matt (I) Baker, Matt Baker, Doug (I) Dean and Doug Dean
Case Number: 1:2011cv00859
Filed: April 4, 2011
Court: Colorado District Court
Office: Denver Office
County: Denver
Presiding Judge: William J. Martinez
Referring Judge: Kristen L. Mix
Nature of Suit: Constitutionality of State Statutes
Cause of Action: 28:2201
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
October 26, 2012 100 Opinion or Order of the Court ORDER: The Motion to Quash 80 is DENIED; The Motion to Compel 91 is GRANTED; Plaintiffs shall provide supplemental discovery responses consistent with this Order and in conformity with the formalities of the Federal Rules of Civil Procedure on or before November 9, 2012. by Magistrate Judge Boyd N. Boland on 10/26/12. (bnbcd, )
December 11, 2012 103 Opinion or Order of the Court ORDER granting 102 American Tradition Partnerships Motion to Withdraw. All claims in this action brought by American Tradition Partnership are DISMISSED WITH PREJUDICE, by Judge William J. Martinez on 12/11/2012.(ervsl, )
April 11, 2011 11 Opinion or Order of the Court ORDER Scheduling Conference set for 6/13/2011 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 4/11/2011. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3)(erv, )
March 5, 2013 127 Opinion or Order of the Court MINUTE ORDER Defendants and Defendant-Intervenors Amended Motion to Withdraw Motion to Compel Third-Party Production of Documents Doc. # 125 , filed 3/4/2013 is GRANTED; and Defendants and Defendant-Intervenors Motion to Compel Third-Party Production of Documents Doc. # 105 , filed 1/18/2013 is DENIED as withdrawn, by Magistrate Judge Boyd N. Boland on 3/5/2013.(ervsl, )
March 19, 2013 137 Opinion or Order of the Court COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 3/19/2013. 107 Stipulated Motion for Extension of Time to Extend Discovery Cutoff is DENIED as moot. 120 Motion to Extend the Discovery Deadline and Compel Discovery is DENIED as moot. 129 Motion to Reconsider is DENIED as moot. 133 Motion for Protective Order is DENIED as moot. Scheduling Conference set for 5/1/2013 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, proposed scheduling order due by April 24, 2013. FTR: BNB Courtroom A401. (bnbcd, )
March 19, 2013 138 Opinion or Order of the Court ORDER My Order Doc. # 77 is VACATED, and the partial stay of discovery entered there is LIFTED; A scheduling conference is set for May 1, 2013, at 1:30 p.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street , Denver, Colorado. The parties shall prepare a proposed scheduling order and submit it to the court on or before April 24, 2013; The Stipulated Motion Doc. # 107 is DENIED as moot in view of the anticipated scheduling conference; Plaintiffs Moti on to Extend Discovery Doc. # 120 is DENIED as moot, and the plaintiffs discovery is deemed withdrawn, to be renewed if appropriate after the anticipatedscheduling conference; The Motion to Reconsider Doc. # 129 is DENIED as moot in view of the anticipated scheduling conference, and the subpoena directed to Intermountain Rural Electric Association is deemed withdrawn; and Defendants Motion for Protective Order Doc. # 133 is DENIED as moot in view of the anticipated scheduling conference, and the defendants discovery is deemed withdrawn, to be renewed if appropriate after the anticipated scheduling conference, by Magistrate Judge Boyd N. Boland on 3/19/2013. (ervsl, )
April 5, 2013 142 Opinion or Order of the Court MINUTE ORDER granting 140 the Unopposed Motion to Amend Case Caption. Going forward, the caption shall reflect the change of defendant-intervenors name Colorado Environmental Coalition to: CONSERVATION COLORADO EDUCATION FUND on all future filings, by Magistrate Judge Boyd N. Boland on 4/5/2013.(ervsl, )
May 14, 2013 147 Opinion or Order of the Court STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 5/14/13. (bnbcd, )
June 24, 2013 162 Opinion or Order of the Court MINUTE ORDER granting 156 Plaintiffs Unopposed Motion to Amend Plaintiffs Complaint for Injunctive and Declaratory Relief, by Magistrate Judge Boyd N. Boland on 6/24/2013.(ervsl, )
December 2, 2013 205 Opinion or Order of the Court MINUTE ORDER granting 200 The Unopposed Motion to Amend Case Caption, by Magistrate Judge Boyd N. Boland on 12/2/2013.(ervsl, )
June 8, 2011 20 Opinion or Order of the Court MINUTE ORDER granting 18 Defendants Unopposed Motion to VacateScheduling Conference. The Scheduling Conference set for June 13, 2011 at 10:30 a.m. is vacated and RESET. Scheduling Conference Re-set for 8/23/2011 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 6/8/2011.(erv, )
February 19, 2014 213 Opinion or Order of the Court ORDER by Magistrate Judge Boyd N. Boland on 2/19/14. (Simmons, B.)
May 1, 2014 219 Opinion or Order of the Court ORDER granting in part and denying in part 188 Defendants Early Motion for Summary Judgment on Plaintiffs Lack of Standing. Plaintiffs claims challenging the Distributed Generation Provision (Claims 3 & 4) and the 2:1 Provision (Claims 5 & 6) ar e DISMISSED WITHOUT PREJUDICE based on the Courts finding that Plaintiffs lack standing to assert these claims; This case shall proceed only on Plaintiffs claims challenging the Renewables Quota (Claims 1 & 2), by Judge William J. Martinez on 5/1/2014.(evana, )
May 9, 2014 221 Opinion or Order of the Court ORDER denying 180 Plaintiff's Early Motion for Partial Summary Judgment; granting 186 Defendants and Intervenor-Defendants Early Motion for Summary Judgment and The Clerk shall enter judgment in favor of Defendants on all claims. Defendants shall have their costs, by Judge William J. Martinez on 5/9/2014.(evana, )
May 12, 2014 224 Opinion or Order of the Court FINAL JUDGMENT. re: Order Granting in Part and Denying in Part Defendants' Early Motion for Summary Judgment on Plaintiffs' Lack of Standing 219 ; and the Order Denying Plaintiffs' Early Motion for Summary Judgment and Granting Defen dants & Intervenor-Defendants' Early Motion for Summary Judgment 221 . Final Judgment is entered in favor of Defendants James Tarpey, Joshua Epel and Pamela Patton and against Plaintiffs Energy and Environment Legal Institute and Rod Lueck, by Deborah A. Hansen, Deputy Clerk, on 5/12/2014. (dhans, )
May 13, 2014 225 Opinion or Order of the Court MINUTE ORDER by Magistrate Judge Boyd N. Boland on 5/13/14. The Unopposed Motion for Withdrawal as Co-Counsel of Record for Terminated Plaintiffs 222 is GRANTED. Kent Holsinger and Jack Silver are granted leave to withdraw from the representation of plantiffs American Tradition Partnership and American Tradition Institute, and are to be removed from the electronic service. (bsimm)
August 23, 2011 46 Opinion or Order of the Court ORDER Granting 31 Defendants Motion to Stay All Proceedings Pending Jurisdictional and Immunity Determinations; Granting in part and Denying as Moot in part 43 Defendants Unopposed Motion for Extension of Time to File Reply Briefs, Defendants may file a reply in support of their motion to dismiss on or before September 12, 2011. by Magistrate Judge Kristen L. Mix on 8/23/2011.(erv, )
August 29, 2011 47 Opinion or Order of the Court ORDER OF RECUSAL directing reassignment to another magistrate judge.By Magistrate Judge Kristen L. Mix on 8/29/2011. (sah, )
February 21, 2012 51 Opinion or Order of the Court ORDER granting 21 Proposed Intervenor Defendants Motion to Intervene; Because the Court has allowed Movants to intervene, it will grant them leave to file their Proposed Motion to Dismiss. Said Motion is ACCEPTED as filed. Plaintiffs shall res pond to the Motion to Dismiss by March 9, 2012 and the Intervenors-Defendants may file a reply brief not later than March 23, 2012. All subsequent briefing on said Motion to Dismiss shall comply with the Courts applicable Revised Practice Standards. by Judge William J. Martinez on 2/21/2012.(ervsl, )
July 17, 2012 64 Opinion or Order of the Court ORDER RESOLVING MOTIONS TO DISMISS. Defendants' 28 Motion to Dismiss is granted in part and denied in part. Intervenor-Defendants' 37 Motion to Dismiss is denied. All of Plaintiffs' claims brought against the State of Colorado a re dismissed with prejudice. The State of Colorado is no longer a defendant in this action. All of Plaintiffs' claims against Defendants John Hickenlooper and Barbara J. Kelley, in both their official and individual capacities, are dismissed wit hout prejudice. To the extent that Plaintiffs, in their First Amended Complaint, sought to bring a 42 U.S.C. § 1983 claim for damages against Defendants Joshua Epel, James Tarpey, Matt Baker, and Doug Dean in their official capacities, such claims are dismissed with prejudice. Plaintiffs' 42 U.S.C. § 1983 claim for damages against Defendant Joshua Epel in his individual capacity is hereby dismissed with prejudice. By Judge William J. Martinez on 7/17/12.(mnfsl, )
August 22, 2012 72 Opinion or Order of the Court ORDER GRANTING 70 JOINT MOTION TO DISMISS CERTAIN PARTIES AND ONE CLAIM, AND TO SUBSTITUTE PARTY. Plaintiffs' Thirteenth Claim for Relief brought under 42 U.S.C. § 1983 is dismissed with prejudice. All claims in this action brought aga inst Defendants in their individual capacities are dismissed with prejudice. Pamela Patton is substituted in as a Defendant in this action, and Matt Baker is no longer a Defendant in this action. All claims against Defendant Doug Dean are dismissed with prejudice, and Doug Dean is no longer a Defendant in this action. The caption in this action is hereby amended to reflect that the only Defendants in this action are Joshua Epel, James Tarpey, and Pamela Patton, and that the only claims in this action are claims for prospective relief (Claims One through Twelve in the operative Complaint) brought against Defendants in their official capacities as members of the Colorado Public Utilities Commission. By Judge William J. Martinez on 8/22/12.(mnfsl, )
August 29, 2012 76 Opinion or Order of the Court COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 8/29/2012. 69 Stipulated Motion for Partial Stay is TAKEN UNDER ADVISEMENT. FTR: Courtroom A401. (bnbcd, )
September 4, 2012 77 Opinion or Order of the Court ORDER granting 69 Joint Motion for Partial Stay and to Vacate Scheduling Conference. Status Report due by 1/21/2013. by Magistrate Judge Boyd N. Boland on 9/4/12.(bnbcd, )
October 26, 2012 96 Opinion or Order of the Court ORDER Interwest Energy Alliances Motion to Intervene ECF No. 73 is GRANTED; Interwest Energy Alliances proposed Answer ECF No. [73-2] is ACCEPTED AS FILED. The Clerk shall docket the proposed Answer; Solar Energy Industries Associations Motion to Intervene ECF No. 75 is GRANTED; Solar Energy Industries Associations proposed Answer ECF No. [75-3] is ACCEPTED AS FILED. The Clerk shall docket the proposed Answer; and The Clerk shall amend the caption of this case to reflect that Solar Energy Industries Association and Interwest Energy Alliance are Intervenors-Defendants in this action. By Judge William J. Martinez on 10/26/2012.(ervsl, )
October 26, 2012 99 Opinion or Order of the Court COURTROOM MINUTES/ MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 10/26/2012. 80 Plaintiffs' Motion to Quash Discovery on Standing and Requesting the First Protective Order is DENIED. 91 Defendants' and Defendant-Intervenors' Motion to Compel Discovery is GRANTED. Responses to be provided on or before November 9, 2012. FTR: BNB Courtroom A401. (bnbcd, )

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Plaintiff: American Tradition Institute
Represented By: Jack S. Silver
Represented By: Kent H. Holsinger
Represented By: Laura L. Chartrand
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Plaintiff: American Tradition Partnership
Represented By: Jack S. Silver
Represented By: Kent H. Holsinger
Represented By: Laura L. Chartrand
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Plaintiff: Rod Lueck
Represented By: Jack S. Silver
Represented By: Kent H. Holsinger
Represented By: Laura L. Chartrand
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Defendant: State of Colorado, The
Represented By: Kathleen L. Spalding
Represented By: Erin A. Overturf
Represented By: William V. Allen
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Defendant: John (I) Hickenlooper
Represented By: Erin A. Overturf
Represented By: William V. Allen
Represented By: Kathleen L. Spalding
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Defendant: John Hickenlooper
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Barbara (I) J. Kelley
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Barbara J. Kelley
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Ron (I) Binz
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Ron Binz
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: James (I) Tarpey
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: James Tarpey
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Matt (I) Baker
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Matt Baker
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Doug (I) Dean
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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Defendant: Doug Dean
Represented By: William V. Allen
Represented By: Erin A. Overturf
Represented By: Kathleen L. Spalding
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