McKowen v. Morris, et al
| JOHN R. MCKOWEN |
| WISTAR MORRIS, GREG HARRINGTON, TWO RIVERS FARMS F-2, INC., TWO RIVERS WATER & FARMING COMPANY, TR CAPITAL PARTNERS, LLC, WAYNE HARDING, STATE OF COLORADO, PHILIP WEISER, Attorney General, TUNG CHAN, Securities Commissioner, JENNIFER HUNT, INDIA KIDD-AARON, ROBERT FINKE, SAM MORRIS, CHARLES F. KIRBY, I WISTAR MORRIS, JUSTIN YORKE and JEFFREY PLOEN |
| 26-1190 |
| May 19, 2026 |
| U.S. Court of Appeals, Tenth Circuit |
| Constitutionality of State Statutes |
Docket Report
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Filing 42
[11294787] Order filed by Judges Bacharach and McHugh denying Appellant's motion for injunction filed by Mr. John R. McKowen. Served on 07/01/2026. [26-1190] [Entered: 07/01/2026 10:01 AM]
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| Filing 41 [11293351] Order filed by Clerk of the Court granting Appellees' unopposed motion to extend time to file brief. Appellees' (State Defendants') brief now due 07/31/2026 for State of Colorado, Jennifer Hunt, Philip Weiser, Tung Chan and Robert Finke. No further extensions of time will be granted on the clerk's authority. Served on 06/25/2026. Text only entry - no attachment. [26-1190] [Entered: 06/25/2026 02:59 PM] |
| Filing 40 [11293229] Motion filed by Appellees Tung Chan, Robert Finke, Jennifer Hunt, State of Colorado and Mr. Philip Weiser to extend time to file appellee/respondent's brief until 07/31/2026. Served on: 06/25/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] ACC [Entered: 06/25/2026 11:33 AM] |
| Filing 39 [11291404] Reply filed by Tung Chan, Robert Finke, Jennifer Hunt, State of Colorado and Mr. Philip Weiser to Appellees Reply in Support of Motion to Dismiss Appeal. Served on 06/18/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] ACC [Entered: 06/18/2026 12:21 AM] |
| Filing 38 [11290085] Notice filed by Mr. John R. McKowen. Served on 06/12/2026 by email. [26-1190] JRM [Entered: 06/12/2026 04:42 PM] |
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Filing 37
[11289218] Order filed by Judges Matheson and Bacharach granting appellees' opposed motion to extend time to file reply. The reply shall be filed on or before June 17, 2026. Served on 06/10/2026. Text only entry - no attachment. [26-1190] [Entered: 06/10/2026 11:53 AM]
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| Filing 36 [11289086] Appellant's response filed by Mr. John R. McKowen. Served on 06/10/2026. Manner of Service: email. Word/page count: 1040. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] --[Edited 06/10/2026 by LG to edit event code] JRM [Entered: 06/10/2026 08:00 AM] |
| Filing 35 [11288841] Order filed by Clerk of the Court. Appellant is directed to file a response to State Appellees Motion for an Extension of Time to File a Reply in Support of Motion to Dismiss. Appellants reply is due June 10, 2026, by noon MDT. If no response is filed by this deadline, the court will deem the motion unopposed. Served on 06/08/2026. [26-1190] [Entered: 06/09/2026 12:19 PM] |
| Filing 34 [11288602] Motion filed by Appellees Tung Chan, Robert Finke, Jennifer Hunt, State of Colorado and Mr. Philip Weiser to extend time to file reply. Served on: 06/08/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190]--[Edited 06/09/2026 by JM to correct event, relief and docket text.] ACC [Entered: 06/08/2026 05:57 PM] |
| Filing 33 [11287539] Order filed by Clerk of the Court - This matter comes before the court on Appellant's motion to correct case caption. The motion is referred [ # 9 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). No responses by the appellees were filed. Served on 06/04/2026. Text only entry - no attachment. [26-1190] [Entered: 06/04/2026 08:36 AM] |
| Filing 32 [11287510] Minute order filed - This matter is before the court on Appellees' Motion to Dismiss and Appellant's Response. These, and any reply, are referred to the panel of judges that will later be assigned to consider this case on the merits. No ruling will issue at this time. (Text Only - No Attachment) [26-1190] [Entered: 06/04/2026 07:39 AM] |
| Filing 31 [11287448] Response filed by Mr. John R. McKowen to State Defendants' Motion to Dismiss (Dkt. 25). Served on 06/03/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] JRM [Entered: 06/03/2026 04:13 PM] |
| Filing 30 [11287162] Order filed by Clerk of the Court, response to the State Defendants motion to dismiss case due on 06/23/2026 for John R. McKowen. Served on 06/03/2026. [26-1190] See attached order. [Entered: 06/03/2026 09:11 AM] |
| Filing 29 [11287048] Notice of non-participation filed by Jeffrey R. Thomas for Greg Harrington. Date of Service: 06/02/2026. Manner of Service: email. [26-1190] JRT [Entered: 06/02/2026 04:18 PM] |
| Filing 28 [11287042] Notice of non-participation filed by Frank W. Visciano for Charles F. Kirby. Date of Service: 06/02/2026. Manner of Service: email. [26-1190] FWV [Entered: 06/02/2026 04:15 PM] |
| Filing 27 [11287035] Entry of appearance filed by Jeffrey R. Thomas for Greg Harrington. CERT. OF INTERESTED PARTIES: n. Served on 06/02/2026. Manner of Service: email [26-1190] [Entered: 06/02/2026 04:07 PM] |
| Filing 26 [11286984] Entry of appearance submitted by Jeffrey R. Thomas for Appellee Greg Harrington for court review. Certificate of Interested Parties: No. Served on 06/02/2026. Manner of Service: email. [26-1190]--[Edited 06/02/2026 by LG to remove PDF from entry, as pleading was filed on 6/2/26] JRT [Entered: 06/02/2026 03:07 PM] |
| Filing 25 [11286898] Motion filed by Appellees Tung Chan, Robert Finke, Jennifer Hunt, State of Colorado and Mr. Philip Weiser to dismiss case. Served on: 06/02/2026. Manner of service: US mail, email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] ACC [Entered: 06/02/2026 01:22 PM] |
| Filing 24 [11286813] Reply filed by Mr. John R. McKowen to STATE DEFENDANTS' RESPONSE TO APPELLANT'S EMERGENCY MOTION UNDER FED. R. APP. P. 8(A)(2) FOR INJUNCTION PENDING APPEAL. Served on 06/02/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] JRM [Entered: 06/02/2026 11:23 AM] |
| Filing 23 [11286680] Entry of appearance filed by Ms. Amy Christine Colony and Zachary Fitzgerald for State of Colorado, Mr. Philip Weiser, Tung Chan, Robert Finke and Jennifer Hunt. CERT. OF INTERESTED PARTIES: n. Served on 06/01/2026. Manner of Service: email, US mail. [26-1190] [Entered: 06/02/2026 08:20 AM] |
| Filing 22 [11286621] Response filed by Tung Chan, Robert Finke, Jennifer Hunt, State of Colorado and Mr. Philip Weiser to Appellants Emergency Motion Under Fed. R. APP. P. 8(A)(2) For Injunction Pending Appeal. Served on 06/01/2026. Manner of Service: US mail, email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] ACC [Entered: 06/01/2026 06:07 PM] |
| Filing 21 [11286609] Entry of appearance submitted by Amy C. Colony, Zachary W. Fitzgerald for Appellees Tung Chan, Robert Finke, Jennifer Hunt, State of Colorado and Mr. Philip Weiser for court review. Certificate of Interested Parties: No. Served on 06/01/2026. Manner of Service: email. [26-1190] --[Edited 06/02/2026 by SDS to remove pdf from entry as the pleading has been filed] ACC [Entered: 06/01/2026 05:05 PM] |
| Filing 20 [11286422] Minute order filed - The court will note our receipt of an appendix from the pro se appellant, but an appendix is not required or necessary in this case. 10th Cir. R. 30.1 (appendix requirement not applicable to pro se parties). The court will rely soley on the record on appeal, as supplemented, in reviewing this appeal.(Text Only - No Attachment) [26-1190] [Entered: 06/01/2026 12:41 PM] |
| Filing 19 [11286419] Supplemental record on appeal filed. No. of Volumes: 1, Comments: Supplemental Vol. 1-pleadings. [26-1190] [Entered: 06/01/2026 12:36 PM] |
| Filing 18 [11286412] Order filed by Clerk of the Court granting appellant's motion to supplement the record on appeal. The supplemental record on appeal will be prepared by this court, not the district court. 10th Cir. R. 10.1. Served on 06/01/2026. Text only entry - no attachment. [26-1190] [Entered: 06/01/2026 12:28 PM] |
| Filing 17 [11286410] Order filed by Clerk of the Court referring appellant's motion to take judicial notice [ # 12 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Any party wishing to file a response to the motion to take judicial notice must do so by June 10, 2026. Any response filed will also be referred to the panel of judges assigned later for consideration along with the merits of this papeal. Served on 06/01/2026. Text only entry - no attachment. [26-1190] [Entered: 06/01/2026 12:24 PM] |
| Filing 16 [11286392] Appellant's appendix received by Mr. John R. McKowen. Total number of volumes filed: 1. Served on 06/01/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190]--[Edited 06/01/2026 by LG to change from filed to received only] JRM [Entered: 06/01/2026 12:02 PM] |
| Filing 15 [11286387] Minute order filed - the brief submitted by appellant is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Appellees brief now due 07/01/2026 for State of Colorado, Greg Harrington, Jeffrey Ploen, Wistar Morris, Charles F. Kirby, Jennifer Hunt, Philip Weiser, I Wistar Morris, Tung Chan, Robert Finke and Wayne Harding. (Text Only - No Attachment) [26-1190] [Entered: 06/01/2026 11:55 AM] |
| Filing 14 [11286384] Appellant/Petitioner's brief filed by Mr. John R. McKowen. Served on 06/01/2026 by email, US mail. Oral argument requested? No. Word/page count: 12853. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] JRM [Entered: 06/01/2026 11:50 AM] |
| Filing 13 [11286365] Motion filed by Appellant Mr. John R. McKowen to supplement the record on appeal. Served on: 06/01/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] JRM [Entered: 06/01/2026 11:35 AM] |
| Filing 12 [11286362] Motion filed by Appellant Mr. John R. McKowen to take judicial notice. Served on: 06/01/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-1190] JRM [Entered: 06/01/2026 11:31 AM] |
| Filing 11 [11285804] Notice of non-participation filed by Jennifer McCallum, Ph.D., Esq. Patent Attorney The McCallum Law Firm, PC 303-828-0655 Physical Address: 685 Briggs Street Erie, CO 80516 Mailing Address: P.O. Box 929 Erie, CO 80516 for Jeff Ploen and Wistar Morris. Date of Service: 05/28/2026. Manner of Service: email. [26-1190] JMM [Entered: 05/28/2026 06:00 PM] |
| Filing 10 [11284768] Order filed by Clerk of the Court any response in opposition to Appellant's motion to correct case caption due by 06/02/2026. If no party files an opposition by 06/02/2026 the court will deem the Motion unopposed and proceed on that basis. See order for details. Served on 05/26/2026. [26-1190] [Entered: 05/26/2026 10:12 AM] |
| Filing 9 [11284712] Appellant's motion to correct case caption filed by Mr. John R. McKowen. Served on 05/26/2026. Manner of Service: email. [26-1190] [Entered: 05/26/2026 08:34 AM] |
| Filing 8 [11284321] Order filed by Clerk of the Court granting Appellant's motion for permission to file electronically. Served on 05/21/2026. [26-1190] [Entered: 05/21/2026 04:46 PM] |
| Filing 7 [11284260] Notice of Related Cases filed by John R. McKowen. Served on 05/21/2026. Manner of Service: email. [26-1190] [Entered: 05/21/2026 02:54 PM] |
| Filing 6 [11284228] Appellant's emergency motion for injunction pending appeal filed by John R. McKowen. Served on 05/21/2026. Manner of Service: email. [26-1190] [Entered: 05/21/2026 02:02 PM] |
| Filing 5 [11284226] Appellant's motion filed by John R. McKowen for permission to file electronically. Served on 05/21/2026. Manner of Service: email. [26-1190] [Entered: 05/21/2026 01:59 PM] |
| Filing 4 [11284158] Record on appeal filed. No. of Volumes: 4, Comments: Volume I - Pleadings Volume II - Pleadings Volume III - Pleadings Volume IV - Pleadings. [26-1190] [Entered: 05/21/2026 11:43 AM] |
| Filing 3 [11283838] Jurisdictional review complete. Appellant's brief due on 06/29/2026 for John R. McKowen. Record on appeal 10th circuit due 06/10/2026. [26-1190] [Entered: 05/20/2026 12:26 PM] |
| Filing 2 [11283835] Fee paid. Date paid in District Court on 05/20/2026. [26-1190] [Entered: 05/20/2026 12:24 PM] |
| Filing 1 [11283305] Civil case docketed. Preliminary record filed. DATE RECEIVED: 05/19/2026 Fee or ifp forms and notice of appearance due 06/18/2026 for John R. McKowen. Notice of appearance due on 06/02/2026 for Tung Chan, Robert Finke, Greg Harrington, Jennifer Hunt, Charles F. Kirby, I Wistar Morris, Sam Morris, Wistar Morris, Jeffrey Ploen, State of Colorado, Philip Weiser and Justin Yorke. Notice of appearance due on 06/18/2026 for Wayne Harding. [26-1190] [Entered: 05/19/2026 10:30 AM] |
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