Board of County Commissioners of the County of La Plata, Colorado, The v. Brown Group Retail, Inc. et al
| Board of County Commissioners of the County of La Plata, Colorado, The |
| Brown Group Retail, Inc., Plummer Precision Optics Co., Blue Jaunte Company, Inc. and Plummer Precision Optics Western Division, Inc. |
| 1:2008cv00855 |
| April 25, 2008 |
| US District Court for the District of Colorado |
| Environmental Matters Office |
| La Plata |
| Lewis T. Babcock |
| None |
| Federal Question |
| 42:6972 Resource & Recovery Act - Citizen Suit |
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The following documents for this case are available for you to view or download:
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Filing
365
MINUTE ORDER granting 364 Motion to Withdraw as Counsel of Record. Richard E. Lotz is allowed to withdraw as counsel of record for the State of Colorado and the Colorado Department of Public Health and Environment, by Judge Lewis T. Babcock on 6/21/2012. (eseam)
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Filing
361
ORDER. Plaintiffs Unopposed Motion for Reconsideration of Taxation of Costs 360 is GRANTED. Plaintiff is awarded an additional $19,379.21 for necessary costs for preparation of demonstrative exhibits. By Judge Lewis T. Babcock on 3/9/2012.(sah, )
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Filing
358
ORDER. La Platas Objection to Taxation of Costs 351 is GRANTED IN PART and DENIED IN PART. La Plata shall be awarded an additional $14,878.60 in costs for a total cost award in the amount $56,426.12 taxed against Brown Group.By Judge Lewis T. Babcock on 2/22/2012. (sah, )
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Filing
344
ORDER re: 343 Brief, filed by Board of County Commissioners of the County of La Plata, Colorado, The. By Judge Lewis T. Babcock on 11/1/2011. (sah, )
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Filing
342
ORDER. La Plata shall file a revised calculation of prejudgment CERCLA interest through 10/31/2011 and provide a per dien prejudgment interest rate within 14 days of the date of this Order. By Judge Lewis T. Babcock on 10/17/2011. (sah, )
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Filing
327
ORDER. La Platas Motion to Clarify Findings of Fact, Conclusions of Law and Order 323 is DENIED. By Judge Lewis T. Babcock on 7/6/2011.(sah, )
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Filing
316
FINDINGS OF FACT AND CONCLUSIONS OF LAW. By Judge Lewis T. Babcock on 3/3/2011. (sah, )
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Filing
314
STIPULATION AND ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS. By Judge Lewis T. Babcock on 10/22/2010. (sah, )
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Filing
304
Minute Entry for proceedings held before Judge Lewis T. Babcock: Bench Trial - Day Eight - held on 10/14/2010. ORDERED:Motion to Quash Subpoena Served On Michael J. Matheson 302 is GRANTED. Trial continued. (Court Reporter Gwen Daniel) (ltbcd, )
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Filing
291
ORDER. Defendant Brown Group Retail, Inc.s first counterclaim, which asserts a claim for recovery of response costs under Section 107 of CERCLA, is DISMISSED WITH PREJUDICE. By Judge Lewis T. Babcock on 10/04/2010. (sah, )
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Filing
275
Minute Entry - Courtroom Minutes for Trial Preparation Conference and Hearing on Motions held before Judge Lewis T. Babcock on 9/10/2010. ORDERED: Granting 253 Motion to Quash Subpoena or, in the Alternative Motion for Protective Order under F.R.C .P. Rule 45. Granting 268 Joint Motion to Extend the Submission Date for F.R.E. 702 Memoranda Regarding Expert Witnesses and Joint Exhibit List (Doc. 268) and the date is extended to September 15, 2010. Based on the oral stipulation of counsel, the fourth claim for relief is dismissed. Defendants' request to endorse Robert W. Hischke as a trial witness is denied. Fact witnesses are sequestered, but experts may be present during trial. (Court Reporter Gwen Daniel) (lbush)
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Filing
255
ORDER. Brown Groups Motion for Summary Judgment on Plaintiffs Claim for Recovery of Attorneys Fees 180 is DENIED. By Judge Lewis T. Babcock on 09/02/2010.(sah, )
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Filing
251
ORDER. Brown Groups Motion for Summary Judgment on Plaintiffs Claim for CivilPenalties under RCRA 179 is GRANTED. La Plata may not recover civil penalties against Brown Group under RCRA even if it prevails on its RCRA claim at trial. By Judge Lewis T. Babcock on 08/30/2010.(sah, )
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Filing
248
ORDER SETTING SETTLEMENT CONFERENCE. A settlement conference is hereby scheduled in this case for 09/09/2010 in Courtroom C-201, Second Floor of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado. The conference will begin at 9:30 a.m. By Magistrate Judge Kathleen M. Tafoya on 08/24/2010. (sah, )
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Filing
245
ORDER. Defendant Brown Group Retail, Inc.s (Brown Group) Motion for Summary Judgment on Plaintiffs Claim for Civil Penalties under RCRA 179 is taken under advisement. Defendant Brown Groups Motion for Summary Judgment on Plaintiffs Claim for Reco very of Attorneys Fees 180 is taken under advisement. Defendant Brown Groups Motion for Summary Judgment on Plaintiffs Fifth Claim for Relief 182 is DENIED. Defendant Brown Groups Motion for Summary Judgment (No Joint and Several Liability Unde r CERCLA) 183 is DENIED. Defendant Brown Groups Motion for Summary Judgment on La Plata CountysLiability and Its Third-Party Defense Under CERCLA 184 is DENIED. Plaintiff The Board of County Commissioners of the County of La Plata, ColoradosMotion for Summary Judgment on RCRA and CERCLA Liability 187 is DENIED. By Judge Lewis T. Babcock on 08/23/2010.(sah, )
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Filing
243
Minute Entry - Courtroom Minutes for Hearing on Motions for Summary Judgment held before Judge Lewis T. Babcock on 8/20/2010. ORDERED: 179 Brown Group Retail, Inc.'s Motion for Summary Judgment on Plaintiff's Claim for Civil Penalties Un der RCRA taken under advisement; 180 Brown Group Retail, Inc.'s Motion for Summary Judgment on Plaintiff's Claims for Recovery of Attorneys' Fees taken under advisement; 182 Brown Group Retail, Inc.'s Motion for Summary Judgme nt on Plaintiff's Fifth Claim for Relief denied; 183 Brown Group Retail, Inc.'s Motion for Summary Judgment (No Joint and Several Liability Under CERCLA) denied; 184 Brown Group Retail, Inc.'s Motion for Summary Judgment on La Plat a County's Liability and Its Third-Party Defense Under CERCLA denied; 187 La Plata's Motion for Summary Judgment on RCRA and CERCLA Liability denied. By 9/8/2010, counsel shall submit updated exhibit lists, updated witness lists and proposed findings of fact and conclusions of law. As set forth on the record, by 9/8/2010, counsel may file brief trial memoranda regarding any Rule 702 issues, identifying the specific factors in question. (Court Reporter Gwen Daniel) (lbush)
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Filing
240
MINUTE ORDER. Plaintiffs Motion for Leave to File Surreply to Defendants Motion for Summary Judgment on Attorneys Fees 235 is DENIED.Plaintiffs Motion for Leave to File Surreply to Defendants Motion for Summary Judgment on LaPlatas CERCLA Liability 236 is DENIED.Plaintiffs Motion for Leave to File Surreply to Defendants Motion for Summary Judgment (No Joint and Several Liability Under CERCLA) 237 is DENIED.Plaintiffs Motion for Leave to File Surreply to Defendants Motion for Summary Judgment on Plaintiffs Fifth Claim for Relief 239 is DENIED, by Judge Lewis T. Babcock on 8/13/10.(ltbcd, )
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Filing
234
ORDER. Brown Groups Motion for Summary Judgment on Plaintiffs Second and ThirdClaims for Relief 181 is GRANTED. La Platas Second and Third Claims for Relief, which assert claims for unjust enrichment and negligence, are DISMISSED WITH PREJUDICE. By Judge Lewis T. Babcock on 08/12/2010.(sah, )
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Filing
228
Minute Entry - Courtroom Minutes for Final Pretrial Conference held on 6/29/2010 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Brown Group Retail, Inc.'s Motion for Clarification Regarding Rule 30(b)(6) Deposition, filed June 4, 2010 [211 ], is denied. Continued Final Pretrial Conference set August 23, 2010 at 10:30 a.m. in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Proposed revised final pretrial order submitted by August 20, 2010. Deadline for objections, final lists of witnesses and stipulated exhibits will remain unchanged. No pretrial order entered. (Reporter FTR - C201) (rpmcd )
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Filing
162
Stipulated PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/16/2010. (kmtcd, )
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Filing
159
ORDER: Granting 152 MOTION for Extension of Time to Submit Certain Expert Rebuttal (26(A)(2)) Reports and Dispositive Motions. Rebuttal due 02/18/2010. Dscovery due by 3/22/2010. Dispositive Motions due by 4/16/2010., Final Pretrial Conference res et for 6/15/2010 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya.); Denying without prejudice 155 MOTION to Compel Taking of Expert Depositions As Previously Proposed and Noticed by Defendant by Magistrate Judge Kathleen M. Tafoya on 2/12/2010.(kmtcd, )
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Filing
151
Minute ORDER denying 149 Motion for Protective Order and the proposed Protective Order is REFUSED. The parties are granted leave to submit a motion for protective order and revised form of protective order consistent with the comments contained here by Magistrate Judge Kathleen M. Tafoya on 2/9/2010.(kmtcd, )
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Filing
145
ORDER granting 143 Unopposed MOTION to Amend/Correct/Modify 43 Scheduling Order, La Plata County's Second Unopposed Motion to Extend Scheduling Order for Submission of Expert (26(A)) Report by Plaintiff. Plaintiffs Local Standard of Care for Commercial Real Estate Transactions Expert Witness Designation and Report, 10/23/2009. Defendants Local Standard of Care for Commercial Real Estate Transactions Expert Witness Designation in response, 12/23/2009.Plaintiffs Local Standard of Care for Commercial Real Estate TransactionsExpert Rebuttal Report, 1/22/2010. By Magistrate Judge Kathleen M. Tafoya on 10/14/09.(kmtcd)
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Filing
139
ORDER granting 136 Unopposed MOTION to Amend Scheduling Order by Plaintiff. Disclosure of Plaintiffs expert witness designations and for Defendants designation of experts on areas for which Defendant bears the burden of proof is extended to Octobe r 30, 2009 solely for an expert(s) designated to testify about the reasonableness and necessity of attorneys fees and costs. The Parties designation of experts in response to the October 30, 2009 designation is extended to December 30, 2009. The Part ies deadline to submit expert reports in response to the December 30, 2009 designation is extended until January 30, 2010. The Discovery Cut-off for any attorneys fees and costs experts designated under this paragraph is extended until February 16, 2010. By Magistrate Judge Kathleen M. Tafoya on 10/7/09.(kmtcd, )
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Filing
133
ORDER that Brown Group's Motion to Strike Allegations and Dismiss Claims in the Third Claims in the Third Amended Complaint 116 is Granted in part and Denied in part. Plaintiff's Claims 7 and 8 in its Third Amended Complaint 110 are Dismissed Without Prejudice. Brown Group's Motion to Strike portions of Plaintiff's Third Amended Complaint is denied by Judge Lewis T. Babcock on 08/14/09.(jjh, )
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Filing
127
Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 7/17/2009. Plaintiffs 119 MOTION for Protective Order Pursuant to Fed.R.Civ.P. 26(c) is granted in part and denied in part. Defendants 112 MOTION to Compel Defendant Brown Group Retail, Inc.'s Motion Seeking Resolution of Discovery Disputes is granted in part and denied in part. (FTR - Debra Brown) (kmtcd)
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Filing
109
ORDER granting 103 Plaintiffs Motion for Leave to File Third Amended Complaint by Judge Lewis T. Babcock on 06/16/2009.(sah, )
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Filing
104
Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Expedited Motion Hearing held on 5/22/2009. Defendant Brown Group Retail, Inc.s Motion to Compel Split-Sampling, 101 , filed 05/21/2009, is DENIED. (Court Reporter FTR-Deborah Hansen.) (sah, )
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Filing
93
ORDER granting in part and denying in part 82 Plaintiffs Motion to Dismiss Counterclaims of Defendant Brown Group Retail. Brown Groups Fourth Counterclaim is DISMISSED WITHOUT PREJUDICE. In all other respects, Plaintiffs motion is DENIED. Each party shall bear its own costs by Judge Lewis T. Babcock on 04/24/2009.(sah, )
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Filing
91
ORDER granting 73 The Board of County Commissioners of the County of La Plata, Colorados, Motion for Entry of Default and Default Judgment. The allegations set forth in Plaintiffs Second Amended Complaint 49 are now accepted as true as against the Plummer Defendants by Judge Lewis T. Babcock on 04/15/2009.(sah, )
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Filing
79
ORDER. The settlement conference in this matter is hereby re-scheduled for 05/27/2009 at 1:30 p.m. in Courtroom C-201 by Magistrate Judge Kathleen M. Tafoya on 03/12/2009. (sah, )
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Filing
71
MEMORANDUM OPINION AND ORDER: Brown Groups Motion to Dismiss 57 is GRANTED in part and DENIED in part. Each party shall bear its own costs by Judge Lewis T. Babcock on 02/18/2009.(sah, )
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