Kerr et al v. Hickenlooper

Plaintiff: Andy Kerr, Norma V. Anderson, Jane M. Barnes, Elaine Gantz Berman, Alexander E. Bracken, William K. Bregar, Bob Briggs, Bruce W. Broderius, Trudy B. Brown, John C. Buechner, Stephen A. Burkholder, Richard L. Byyny, Lois Court, Theresa L. Crater, Robin Crossan, Richard E. Ferdinandsen, Stephanie Garcia, Dickey Lee Hullinghorst, Nancy Jackson, William G. Kaufman, Claire Levy, Margaret Markert, Megan J. Masten, Monisha Merchant, Michael Merrifield, Marcella L. Morrison, John P. Morse, Pat Noonan, Ben Pearlman, Wallace Pulliam, Frank Weddig, Paul Weissmann, Joseph W. White and Kristi Hargrove
Defendant: John Hickenlooper
 
Case Number: 1:2011cv01350
Filed: May 23, 2011
 
Court: Colorado District Court
Office: Denver Office
County: Jefferson
Referring Judge: Boyd N. Boland
Presiding Judge: William J. Martinez
 
Nature of Suit: Constitutionality of State Statutes
Cause of Action: 28:1331
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 16, 2011 11 Opinion or Order of the Court MINUTE ORDER : granting 9 Plaintiffs Unopposed Motion for Leave to Substitute Complaint for Injunctive and Declaratory Relief. The Clerk of the Court is directed to accept the Substituted Complaint for filing, by Magistrate Judge Boyd N. Boland on 6/16/11.(bnbcd, )
October 18, 2011 35 Opinion or Order of the Court MINUTE ORDER granting 31 Motion for Leave Plaintiffs Unopposed Motion for Leave to File First Amended Substitute Complaint for Injunctive and Declaratory Relief by Magistrate Judge Boyd N. Boland on 10/18/2011.(erv2, )
November 15, 2011 49 Opinion or Order of the Court MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 11/15/2011. Taking under advisement 43 Plaintiffs motion to amend order relating to disclosures under Rule 26(a)(1)(A). (FTR: G.Mattei) (bnbcd, )
November 16, 2011 50 Opinion or Order of the Court ORDER: denying 43 Plaintiffs Motion to Amend Order Relating to Disclosures Under Rule 26(a)(1)(A), by Magistrate Judge Boyd N. Boland on 11/16/11.(bnbcd, )
February 17, 2012 70 Opinion or Order of the Court ORDER This matter is before the Court sua sponte. This action presents a constitutional and statutory challenge to the Taxpayer Bill of Rights (TABOR) ballot initiative, approved by Colorado voters in 1992. The Court held oral argument on the Moti on on February 15, 2012. The Motion to Dismiss argues, inter alia, that Plaintiffs lack standing to pursue this action. While both parties briefed the standing issue, both parties appear to have paid more attention in their briefs to the issue of the applicability, vel non, of the political question doctrine to the claims asserted in this case. The same is true for the parties arguments at the oral argument on the Motion. Further, neither amicus brief addressed the standing issue. The Cou rt concludes that further briefing on the standing issue could assist the Court in arriving at the correct resolution of the standing questions presented. Therefore, the Court orders the parties, and invites amici, to submit supplemental briefs on the issue of Plaintiffs standing to pursue the claims asserted in this action. The parties (and amici, if they so choose) shall file these supplemental briefs on or before March 16, 2012. No responses or replies will be permitted. No more than one amicus brief supporting each sides positions shall be filed. The parties briefs shall not exceed 25 pages each, inclusive of the caption and text, but exclusive of the attorney signature blocks and the certificate of service. Amicus briefs, if any, shall not exceed 20 pages each, similarly measured. All supplemental briefs shall be filed in accordance with D.C.COLO.LCivR 10.1., by Judge William J. Martinez on 2/17/2012. (ervsl, )
July 30, 2012 78 Opinion or Order of the Court ORDER Defendants Motion to Dismiss Plaintiffs Substitute Complaint ECF No. 18 , properly construed as moving to dismiss Plaintiffs First Amended Substitute Complaint for Injunctive and Declaratory Relief, is GRANTED IN PART and DENIED IN PART; De fendants Motion to Dismiss is GRANTED as to Plaintiffs Equal Protection claim. Plaintiffs Equal Protection claim is hereby DISMISSED WITH PREJUDICE; Defendants Motion to Dismiss is DENIED as to Plaintiffs other four claims for relief. Those four c laims will be allowed to proceed past the pleading stage in this action; Plaintiffs Unopposed Motion for Leave to File Second Amended Substitute Complaint for Injunctive and Declaratory Relief ECF No. 74 , is GRANTED; The Clerk of Court shall FIL E as a separate docket entry the Second Amended Substitute Complaint for Injunctive and Declaratory Relief, currently filed as an attachment at ECF No. 74 . The Second Amended Substitute Complaint for Injunctive and Declaratory Relief will hereinafter be the operative complaint in this action; and The Courts Order staying disclosures and discovery in this action ECF No. 29 is VACATED and said stay is hereby LIFTED, by Judge William J. Martinez on 7/30/2012.(ervsl, )
September 21, 2012 94 Opinion or Order of the Court ORDER Certifying Interlocutory Appeal Under 28 U.S.C. 1292(b). Granting 85 Motion for Certificate of Appealability. This Order of the Court SUPPLEMENTS and AMENDS the Court's July 30, 2012 Order Granting in Part and Denying in Part Defendant's Motion to Dismiss 78 , by Judge William J. Martinez on 9/21/12.(lswsl, )
September 21, 2012 95 Opinion or Order of the Court MINUTE ORDER. Pursuant to 94 Order on Motion for Certificate of Appealability, the Scheduling Conference set for 09/27/12 (pursuant to 83 Order on Motion to Continue) is VACATED. IT IS FURTHER ORDERED that the parties are to file a Status Report within ten (10)days of a ruling by the Circuit Court. By Magistrate Judge Boyd N. Boland on 09/21/12. (alvsl)

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Plaintiff: Andy Kerr
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Plaintiff: Norma V. Anderson
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Plaintiff: John C. Buechner
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Plaintiff: Stephen A. Burkholder
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Plaintiff: Richard L. Byyny
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Plaintiff: Lois Court
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Plaintiff: Richard E. Ferdinandsen
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Plaintiff: Claire Levy
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Plaintiff: Margaret Markert
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Plaintiff: Megan J. Masten
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Plaintiff: Monisha Merchant
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Plaintiff: Michael Merrifield
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Plaintiff: Marcella L. Morrison
Represented By: Emily L. Droll
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Plaintiff: John P. Morse
Represented By: Emily L. Droll
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Plaintiff: Pat Noonan
Represented By: Emily L. Droll
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Represented By: David Evans Skaggs
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Plaintiff: Ben Pearlman
Represented By: Emily L. Droll
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Represented By: Lino S. Lipinsky de Orlov
Represented By: David Evans Skaggs
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Plaintiff: Wallace Pulliam
Represented By: Emily L. Droll
Represented By: Michael F. Feeley
Represented By: Herbert Lawrence Fenster
Represented By: John A. Herrick
Represented By: Lino S. Lipinsky de Orlov
Represented By: David Evans Skaggs
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Plaintiff: Frank Weddig
Represented By: Emily L. Droll
Represented By: Michael F. Feeley
Represented By: Herbert Lawrence Fenster
Represented By: John A. Herrick
Represented By: Lino S. Lipinsky de Orlov
Represented By: David Evans Skaggs
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Plaintiff: Paul Weissmann
Represented By: Emily L. Droll
Represented By: Michael F. Feeley
Represented By: Herbert Lawrence Fenster
Represented By: John A. Herrick
Represented By: Lino S. Lipinsky de Orlov
Represented By: David Evans Skaggs
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Plaintiff: Joseph W. White
Represented By: Emily L. Droll
Represented By: Michael F. Feeley
Represented By: Herbert Lawrence Fenster
Represented By: John A. Herrick
Represented By: Lino S. Lipinsky de Orlov
Represented By: David Evans Skaggs
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Plaintiff: Kristi Hargrove
Represented By: Michael F. Feeley
Represented By: Lino S. Lipinsky de Orlov
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Defendant: John Hickenlooper
Represented By: Bernard A. Buescher
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