Biro et al v. Smith et al
| Lake Irwin Coalition and John Biro |
| Lypps Nicholas J. Trust, Richard Aslakson, Thomas Moore, United States Forest Service, Jonathan Whitacre Smith, Craig A Schoepke, Scarp Ridge LLC, Anderson Family Trust, Richard Gildersleeve, The Board of County Commissioners of the County of Gunnison, Colorado, Jack A & Sandra E. Brill Trustees UDT Dated March 24, 1981, Eric W Jordan, Ruby Peak LLC, Board of County Commissioners of the County of Gunnison, Colorado, The and Eric Richard Aslakson |
| David J Gottorff |
| 1:2019cv01056 |
| April 10, 2019 |
| U.S. District Court for the District of Colorado |
| Christine M Arguello |
| Gordon P Gallagher |
| Real Property: Other |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
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Filing 37
STATUS REPORT Joint Status Report Following Mediation by Plaintiff Lake Irwin Coalition. (Quigley, Isaiah)
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Filing 36
ORDER granting #34 Joint Motion to Stay. The parties shall file quarterly status reports beginning June 30, 2019, or after the conclusion of mediation, whichever occurs first. ORDERED by Judge Christine M. Arguello on 6/4/2019.(cthom, )
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Filing 35
CONSENT to Mediation by Lake Irwin Coalition(Quigley, Isaiah)
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Filing 34
Joint MOTION to Stay by Plaintiff Lake Irwin Coalition. (Quigley, Isaiah)
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Filing 33
Defendant Gunnison County's First Amended ANSWER to #3 Complaint, Second Amended Complaint for Declaratory Relief, CROSSCLAIM against All Defendants, COUNTERCLAIM against All Plaintiffs by Board of County Commissioners of the County of Gunnison, Colorado, The.(Hoyt, Matthew)
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Filing 32
ORDER granting #30 Motion for Leave to Appear Telephonically. The first party requesting to appear by telephone shall bear the responsibility of including all parties in a conference call for this hearing. The Court does not have the ability to conference multiple parties so all parties are to be on the line at the time the Court is contacted. The parties shall contact the Court at (970) 241-8932, extension 8235. By Magistrate Judge Gordon P. Gallagher on May 16, 2019. Text Only Entry(gpgsec, )
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Filing 31
MEMORANDUM regarding #30 Unopposed MOTION for Leave to Appear at Scheduling Conference Telephonically filed by Jack A & Sandra E. Brill Trustees UDT Dated March 24, 1981. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Christine M. Arguello on 5/16/2019. Text Only Entry (cmalc2)
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Filing 30
Unopposed MOTION for Leave to Appear at Scheduling Conference Telephonically by Defendant Jack A & Sandra E. Brill Trustees UDT Dated March 24, 1981. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Unopposed Motion for Leave to Appear at Scheduling Conference Telephonically)(Rose, Jeffrey)
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Filing 29
CERTIFICATE of Mailing/Service Proof of Service by Defendant Board of County Commissioners of the County of Gunnison, Colorado, The. (Hoyt, Matthew)
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Filing 28
NOTICE of Reply in Support of Cross Motion for Partial Summary Judgment by Defendant United States Forest Service (Ross, Katherine)
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Filing 27
NOTICE of Reply Concerning Defendant's Motion for Partial Summary Judgment by Defendant United States Forest Service (Ross, Katherine)
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Filing 26
NOTICE of Response to Defendant's Motion for Partial Summary Judgment by Defendant United States Forest Service (Ross, Katherine)
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Filing 25
NOTICE of Defendant's Motion for Partial Summary Judgment by Defendant United States Forest Service. (Ross, Katherine) Modified on 5/15/2019 to correct event text - this is a notice of a State Court filing and not a motion (athom, ).
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Filing 24
NOTICE of Entry of Appearance by Matthew Rhodes Hoyt on behalf of Board of County Commissioners of the County of Gunnison, Colorado, TheAttorney Matthew Rhodes Hoyt added to party Board of County Commissioners of the County of Gunnison, Colorado, The(pty:dft) (Hoyt, Matthew)
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Filing 23
MOTION to Dismiss by Defendant United States Forest Service. (Ross, Katherine)
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Filing 22
NOTICE of Register of Actions by Defendant United States Forest Service (Ross, Katherine)
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Filing 21
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #20 Entry of Appearance filed by attorney Marcus James Lock. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (athom, )
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Filing 20
Entry of Appearance by Defendants Ruby Peak LLC, Scarp Ridge LLC. (Lock, Marcus) Modified on 5/1/2019 to correct event text (athom, ).
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Filing 19
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #17 and #18 Notice of Entry of Appearance, filed by attorney Isaiah Quigley. The documents were scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures. ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #17 and #18 , Attorney has used an incorrect incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures. In the future, the filer must affix an electronic s/signature and s/followed by a typed, NOT an inked, signature to all future documents(Civil cases). DO NOT REFILE THE DOCUMENTS. (Civil cases). (Text Only Entry) (evana, )
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Filing 18
NOTICE of Entry of Appearance of Isaiah Quigley by Isaiah Edward Quigley on behalf of David J GottorffAttorney Isaiah Edward Quigley added to party David J Gottorff(pty:3pd) (Quigley, Isaiah)
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Filing 17
NOTICE of Entry of Appearance of Isaiah Quigley by Isaiah Edward Quigley on behalf of All Plaintiffs Attorney Isaiah Edward Quigley added to party John Biro(pty:pla), Attorney Isaiah Edward Quigley added to party Lake Irwin Coalition(pty:pla) (Quigley, Isaiah)
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Filing 16
NOTICE of Entry of Appearance by Rufus O. Wilderson on behalf of Jonathan Whitacre SmithAttorney Rufus O. Wilderson added to party Jonathan Whitacre Smith(pty:dft) (Wilderson, Rufus)
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Filing 15
ORDER: Scheduling Conference set for 6/11/2019 09:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on April 18, 2019. Text Only Entry (gpgsec )
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Filing 14
ORDER: This matter has its factual nexus in Gunnison County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 19-cv-01056-CMA-GPG. SO ORDERED by Judge Christine M. Arguello on 4/18/2019. Text Only Entry (cmasec)
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Filing 13
ORDER granting #7 Motion for Extension of Time. Defendant United States Forest Service may have an extension of time, up to and including May 10, 2019, to answer or otherwise respond to the Second Amended Complaint. By Magistrate Judge S. Kato Crews on 4/16/2019. Text Only Entry (skclc1)
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Filing 12
ANSWER to #3 Complaint, (2nd Amended) and Answer to Gunnison County's Crossclaim, by Jack A & Sandra E. Brill Trustees UDT Dated March 24, 1981.(Rose, Jeffrey)
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Filing 11
MEMORANDUM regarding #7 Unopposed MOTION for Extension of Time to Respond to the Second Amended Complaint filed by United States Forest Service. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 4/16/2019. Text Only Entry (cmasec)
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Filing 10
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 4/16/2019. Text Only Entry (cmasec)
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Filing 9
CASE REASSIGNED pursuant to #8 Memorandum Returning Case. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 19-cv-01056-CMA. (Text Only Entry) (rkeec)
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Filing 8
MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec)
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Filing 7
Unopposed MOTION for Extension of Time to Respond to the #3 Second Amended Complaint by Defendant United States Forest Service. (Ross, Katherine)
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Filing 6
NOTICE of Entry of Appearance by Jeffrey Scott Rose on behalf of Jack A & Sandra E. Brill Trustees UDT Dated March 24, 1981Attorney Jeffrey Scott Rose added to party Jack A & Sandra E. Brill Trustees UDT Dated March 24, 1981(pty:dft) (Rose, Jeffrey)
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Filing 5
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rroge, )
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Filing 4
Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rroge, )
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Filing 3
Second Amended COMPLAINT for Declaratory Relief against Anderson Family Trust, Eric Richard Aslakson, Board of County Commissioners of the County of Gunnison, Colorado, The, Richard Gildersleeve, Jack A & Sandra E. Brill Trustees UDT Dated March 24, 1981, Eric W Jordan, Lypps Nicholas J. Trust, Thomas Moore, Ruby Peak LLC, Scarp Ridge LLC, Craig A Schoepke, Jonathan Whitacre Smith, United States Forest Service, filed by Lake Irwin Coalition, John Biro.(rroge, )
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Filing 2
FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rroge, )
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Filing 1
NOTICE OF REMOVAL by United States Forest Service from District Court County of Gunnison Colorado, Case Number 2017CV030060., filed by United States Forest Service. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Summons, #4 Exhibit Second Amended Complaint)(Ross, Katherine)
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