Second Green Mountain Townhouse Corp. v. Mesa Underwriters Specialty Insurance Company
| SECOND GREEN MOUNTAIN TOWNHOUSE CORP., as assignee of Marshall Bros. Constr. LLC and Robert A. Marshall |
| MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY |
| COLORADO DEFENSE LAWYERS ASSOCIATION |
| COLORADO TRIAL LAWYERS ASSOCIATION, UNITED POLICYHOLDERS and BUILD OUR HOMES RIGHT |
| 25-1448 |
| December 1, 2025 |
| U.S. Court of Appeals, Tenth Circuit |
| Insurance |
Docket Report
This docket was last retrieved on May 29, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 [11286049] Amicus Curiae brief filed by Colorado Defense Lawyers Association. Served on 05/29/2026. Manner of Service: email. [25-1448] [Entered: 05/29/2026 03:18 PM] |
| Filing 49 [11286040] Motion for leave to file an amicus brief filed by Movant Colorado Defense Lawyers Association. Served on 05/29/2026. Manner of Service: email. [25-1448] [Entered: 05/29/2026 03:05 PM] |
| Filing 48 This entry has been removed from the docket. This entry has been removed from the docket. Brief filed 05/29/2026 [JJH] [11286037] Amicus Curiae brief submitted by Colorado Defense Lawyers Association. Served on 05/29/2026. Manner of Service: email. Word/page count: 2275. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JCR [Entered: 05/29/2026 03:02 PM] |
| Filing 47 This entry has been removed from the docket. This entry has been removed from the docket. Motion filed 05/29/2026 [JJH] [11286030] Motion submitted by Colorado Defense Lawyers Association for leave to file an amicus brief. Served on: 05/29/2026 Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JCR [Entered: 05/29/2026 02:58 PM] |
| Filing 46 [11284698] Minute order filed - the brief submitted by appellee is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellant's optional reply brief now due 06/12/2026 for Second Green Mountain Townhouse Corp. (Text Only - No Attachment) [25-1448] [Entered: 05/26/2026 08:08 AM] |
| Filing 45 [11284651] Appellee/Respondent's brief filed by Mesa Underwriters Specialty Insurance Company. Served on: 05/22/2026. Manner of service: email. Oral argument requested? Yes. Word/page count: 10454. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JDV [Entered: 05/22/2026 04:48 PM] |
| Filing 44 [11284632] Notice of appellee's deficient brief received from Mesa Underwriters Specialty Insurance Company. Type of deficiency: use of passim in table of authorities. See attached letter for specifics. Appellee's brief now due 05/26/2026 for Mesa Underwriters Specialty Insurance Company. [25-1448] [Entered: 05/22/2026 04:17 PM] |
| Filing 43 [11284627] Minute order filed by Clerk of the Court referring response to motion certify questions of state law to the Colorado Supreme Court [ # 42 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 05/22/2026. Text only entry - no attachment. [25-1448] [Entered: 05/22/2026 04:12 PM] |
| Filing 42 [11284624] Response filed by Mesa Underwriters Specialty Insurance Company to Appellant's Motion to Certify Questions of State Law to the Colorado Supreme Court. Served on 05/22/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JDV [Entered: 05/22/2026 04:05 PM] |
| Filing 41 This entry has been removed from the docket. Corrected brief filed 05/22/2026. [sds] [11284622] Appellee/Respondent's brief filed by Mesa Underwriters Specialty Insurance Company. Served on: 05/22/2026. Manner of service: email. Oral argument requested? Yes. Word/page count: 10454. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] --[Edited 05/22/2026 by SDS to cite as deficient] JDV [Entered: 05/22/2026 04:03 PM] |
| Filing 40 [11279721] Order filed by Clerk at the direction of the Court granting Attorney third motion to extend time to file appellee's brief. Appellee's brief now due 05/22/2026 for Mesa Underwriters Specialty Insurance Company (14-day extension). Served on 05/06/2026. Text only entry - no attachment. [25-1448] [Entered: 05/06/2026 02:22 PM] |
| Filing 39 [11279702] Motion filed by Appellee Mesa Underwriters Specialty Insurance Company to extend time to file appellee/respondent's brief until 05/22/2026. Served on: 05/06/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JDV [Entered: 05/06/2026 02:00 PM] |
| Filing 38 [11275198] Order filed by Clerk of the Court granting appellee's second motion to extend time to file response brief. Appellee's brief now due 05/08/2026 for Mesa Underwriters Specialty Insurance Company. (14 days) Served on 04/22/2026. Text only entry - no attachment. [25-1448] [Entered: 04/22/2026 09:46 AM] |
| Filing 37 [11275187] Motion filed by Appellee Mesa Underwriters Specialty Insurance Company to extend time to file appellee/respondent's brief until 05/08/2026. Served on: 04/22/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JDV [Entered: 04/22/2026 09:30 AM] |
| Filing 36 [11269281] Order filed by Clerk of the Court granting Appellee's unopposed motion to extend time to file brief (21-days). Appellee's brief now due 04/24/2026 for Mesa Underwriters Specialty Insurance Company. Served on 04/01/2026. Text only entry - no attachment. [25-1448] [Entered: 04/01/2026 02:49 PM] |
| Filing 35 [11269262] Motion filed by Appellee Mesa Underwriters Specialty Insurance Company to extend time to file appellee/respondent's brief until 04/24/2026. Served on: 04/01/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JDV [Entered: 04/01/2026 02:23 PM] |
| Filing 34 [11266316] Minute order filed - the brief submitted by amici United Policyholders, Colorado Trial Lawyers Association and Build Our Homes Right is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. (Text Only - No Attachment) [25-1448] [Entered: 03/23/2026 02:40 PM] |
| Filing 32 [11266309] Order filed by Clerk of the Court provisionally granting motion to become amicus subject to reconsideration by the panel of judges that will later be assigned to hear this appeal on the merits. Appellees response brief remains due on April 3, 2026. See order for details. Served on 03/23/2026. [25-1448] [Entered: 03/23/2026 02:31 PM] |
| Filing 31 [11265955] Response filed by Mesa Underwriters Specialty Insurance Company to Motion For Leave to File Amicus Brief in Support of Appellant Second Green Mountain Townhouse Corporation. Served on 03/20/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] JDV [Entered: 03/20/2026 03:50 PM] |
| Filing 30 [11262385] Order filed by Clerk of the Court - This matter comes before the court on motion for leave to file an amicus brief in support of appellant. On or before March 20, 2026, appellee shall file a response to the motion. Failure to timely respond will be deemed consent to the participation of United Policyholders, Colorado Trial Lawyers Association, and Build Our Homes Right as amici in support of appellant. Served on 03/10/2026. Text only entry - no attachment. [25-1448] [Entered: 03/10/2026 11:19 AM] |
| Filing 29 [11262379] Entry of appearance filed by Annika Adams and Mr. Bradley A. Levin for Colorado Trial Lawyers Association, United Policyholders and Build Our Homes Right. CERT. OF INTERESTED PARTIES: n. Served on 03/10/2026. Manner of Service: email [25-1448] [Entered: 03/10/2026 11:00 AM] |
| Filing 33 [11266314] Amicus Curiae brief filed by United Policyholders, Colorado Trial Lawyers Association, Build Our Homes Right. Served on 03/09/2026. Manner of Service: email. Word/page count: 4962. [25-1448] [Entered: 03/23/2026 02:39 PM] |
| Filing 28 [11262377] Motion for leave to file an amicus brief filed by Movants Build Our Homes Right, Colorado Trial Lawyers Association and United Policyholders. Served on 03/09/2026. Manner of Service: email. [25-1448] [Entered: 03/10/2026 10:55 AM] |
| Filing 27 [11262201] Entry of appearance submitted by Bradley A. Levin and Annika K. Adams for United Policyholders, Colorado Trial Lawyers Association, Build Our Homes Right for court review. Certificate of Interested Parties: No. Served on 03/09/2026. Manner of Service: email.--[Edited 03/10/2026 by JJH to remove pdf as pleading filed 03/10/2026] [25-1448] AA [Entered: 03/09/2026 07:21 PM] |
| Filing 26 This entry has been removed from the docket. Brief docketed as filed by clerk. [sds] [11262200] Amicus Curiae brief submitted by United Policyholders, Colorado Trial Lawyers Association, Build Our Homes Right. Served on 03/09/2026. Manner of Service: email. Word/page count: 4962. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] AA [Entered: 03/09/2026 07:19 PM] |
| Filing 25 [11262198] Motion submitted by United Policyholders, Colorado Trial Lawyers Association, Build Our Homes Right for leave to file an amicus brief. Served on: 03/09/2026 Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. --[Edited 03/10/2026 by JJH to remove pdf as pleading filed][25-1448] AA [Entered: 03/09/2026 07:15 PM] |
| Filing 24 [11260765] Minute order filed - the brief (and appendix) submitted by appellant is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellee's brief now due 04/03/2026 for Mesa Underwriters Specialty Insurance Company. (Text Only - No Attachment) [25-1448] [Entered: 03/04/2026 12:26 PM] |
| Filing 23 [11260762] Appellant/Petitioner's brief filed by Second Green Mountain Townhouse Corp.. Served on 03/04/2026 by email. Oral argument requested? Yes. Word/page count: 10257. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] KB [Entered: 03/04/2026 12:15 PM] |
| Filing 22 [11260745] Entry of appearance filed by Stephen C. Robin for Second Green Mountain Townhouse Corp.. CERT. OF INTERESTED PARTIES: n. Served on 03/04/2026. Manner of Service: email [25-1448] [Entered: 03/04/2026 11:47 AM] |
| Filing 21 [11260710] Entry of appearance submitted by Stephen Charles Robin for Appellant Second Green Mountain Townhouse Corp. for court review. Certificate of Interested Parties: No. Served on 03/04/2026. Manner of Service: email. [25-1448]--[Edited 03/04/2026 by JM PDF removed filed.] SCR [Entered: 03/04/2026 11:07 AM] |
| Filing 20 [11260659] Notice of appellant's deficient brief received from Second Green Mountain Townhouse Corp.. See attached letter for specifics. Appellant's brief due on 03/09/2026 for Second Green Mountain Townhouse Corp. [25-1448] [Entered: 03/04/2026 09:52 AM] |
| Filing 19 [11260641] Order filed by Clerk of the Court referring Appellant's motion to certify question of state law to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). [ # 16 ] Served on 03/04/2026. Text only entry - no attachment. [25-1448] [Entered: 03/04/2026 09:28 AM] |
| Filing 18 [11260561] Appellant's appendix filed by Second Green Mountain Townhouse Corp.. Total number of volumes filed: 11. Served on 03/03/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] KB [Entered: 03/03/2026 05:48 PM] |
| Filing 17 This entry has been removed from the docket. [JMN PDF removed corrected brief filed 3/4/26.] [11260560] Appellant/Petitioner's brief filed by Second Green Mountain Townhouse Corp.. Served on 03/03/2026 by email. Oral argument requested? Yes. Word/page count: 10257. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] KB [Entered: 03/03/2026 05:29 PM] |
| Filing 16 [11260559] Motion filed by Appellant Second Green Mountain Townhouse Corp. to certify question of state law.. Served on: 03/03/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] KB [Entered: 03/03/2026 05:25 PM] |
| Filing 15 [11256234] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellant's brief and appendix until 03/03/2026 for Second Green Mountain Townhouse Corp. [25-1448] [Entered: 02/13/2026 04:04 PM] |
| Filing 14 [11255926] Motion filed by Appellant Second Green Mountain Townhouse Corp. to extend time to file appellant/petitioner's brief until 03/03/2026. Served on: 02/12/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1448] KB [Entered: 02/12/2026 05:28 PM] |
| Filing 13 [11245464] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) Appellant's brief and appendix due on 02/17/2026 for Second Green Mountain Townhouse Corp. [25-1448] [Entered: 01/08/2026 06:45 AM] |
| Filing 12 [11240079] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 01/07/2026 at 1:00 pm (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [25-1448] [Entered: 12/16/2025 03:54 PM] |
| Filing 11 [11239487] Docketing statement filed by Second Green Mountain Townhouse Corp.. Served on 12/15/2025. Manner of Service: email. [25-1448] KB [Entered: 12/15/2025 01:06 PM] |
| Filing 10 [11239361] Entry of appearance filed by Gary Scott Kull, Mr. Jedidiah David Vander Klok, and Ms. Wendeyn Walberg for Mesa Underwriters Specialty Insurance Company. CERT. OF INTERESTED PARTIES: y. Served on 12/15/2025. Manner of Service: email [25-1448] [Entered: 12/15/2025 10:27 AM] |
| Filing 9 [11239358] Rule 26 Disclosure Statement filed by Mesa Underwriters Specialty Insurance Company. More than 50 parties disclosed: no. Served on 12/15/2025. Manner of Service: email. [25-1448] JDV [Entered: 12/15/2025 10:22 AM] |
| Filing 8 [11239356] Entry of appearance submitted by Gary S. Kull, Jedidiah Vander Klok, Wendelyn Walberg for Appellee Mesa Underwriters Specialty Insurance Company for court review. Certificate of Interested Parties: Yes. Served on 12/15/2025. Manner of Service: email.--[Edited 12/15/2025 by JJH to remove pdf as pleading filed 12/15/2025] [25-1448] JDV [Entered: 12/15/2025 10:21 AM] |
| Filing 7 [11239171] Filed notice record is complete. Served on 12/12/2025. Appellant's brief and appendix due on 01/21/2026 for Second Green Mountain Townhouse Corp.. [25-1448] [Entered: 12/12/2025 03:22 PM] |
| Filing 6 [11239161] Minute order filed - Notice due that record is complete by 12/15/2025 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [25-1448] [Entered: 12/12/2025 03:06 PM] |
| Filing 5 [11239140] Acknowledgment of transcript order filed by Second Green Mountain Townhouse Corp.. Transcript ordered: We are not ordering a transcript because a transcript is not necessary for this appeal.. Served on: 12/12/2025. Manner of Service: email. [25-1448] KB [Entered: 12/12/2025 02:31 PM] |
| Filing 4 [11239095] Entry of appearance filed by Christopher R. Mosley, Kathryn Bayes and James C. Martin for Second Green Mountain Townhouse Corp. CERT. OF INTERESTED PARTIES: n. Served on 12/12/2025. Manner of Service: US mail, email [25-1448] [Entered: 12/12/2025 01:16 PM] |
| Filing 3 [11239058] Rule 26 Disclosure Statement filed by Second Green Mountain Townhouse Corp.. More than 50 parties disclosed: no. Served on 12/12/2025. Manner of Service: email. [25-1448] KB [Entered: 12/12/2025 11:57 AM] |
| Filing 2 [11239056] Entry of appearance submitted by James Christopher Martin, Kathryn Michelle Bayes, Christopher Reynold Mosley for Appellant Second Green Mountain Townhouse Corp. for court review. Certificate of Interested Parties: No. Served on 12/12/2025. Manner of Service: email. [25-1448]--[Edited 12/12/2025 by JM PDF removed filed.] KB [Entered: 12/12/2025 11:54 AM] |
| Filing 1 [11235225] Civil case docketed. Preliminary record filed. DATE RECEIVED: 11/28/2025 Docketing statement, transcript order form, disclosure statement, and notice of appearance due 12/15/2025 for Second Green Mountain Townhouse Corp. Disclosure statement and notice of appearance due on 12/15/2025 for Mesa Underwriters Specialty Insurance Company. [25-1448] [Entered: 12/01/2025 08:40 AM] |
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