USA v. Durango & Silverton Narrow Gauge Railroad Company, The et al
Plaintiff: USA
Defendant: Durango & Silverton Narrow Gauge Railroad Company, The and American Heritage Railways, Inc.
Special Master: David M. Tenner
Amicus Curiae: The Lawrence M. Cohen Family Trust, Ryan Patrick Davis d/b/a Hermosa Creek Grill, Blanche L. Tune, Westerly RV Park, LLC, Brian D Leidal, Eileen K. Leidal, Antonio Bueso, James R. Buickerood, Shirts and Hats LLC, Mary Ellen Gann, Chris Gann, Larry E. Hansen and Donna L. Hansen Revocable Trust, Laura Hawk, Jeffery P Robbins, Denise Sague Robbins, Greg Wiley, Ann Wiley, Merrilee M Williams, EZG, LLC, The Acceptus Group, LLC, Sabrina Streusand, William Streusand, John McLeod, Joan McLeod, Angela Minerich, Steve Minerich, Desert, Inc., Sheila G. McAllen Revocable Trust, Michael Cobb, Lisa Cobb, The Sanctuary at North Valley Property Owners Association, Inc., Engineer Mountain Land Co., LLC d/b/a Willow Tree Kennels, Curtis Jackson, The Candace A. Richerson Revocable Trust UTD December 12, 2005, Hermosa Vista Association, Wayne Martinez, La Plata Estates Road Association, Inc., Karen Zempel, Mark Zempel, Roy Stockard, Robyn Stockard, Susan L. Fryback, Debra Galbraith, Mark Galbraith, Brenda P Verner, David L Verner, The Douglas N. Matheson Separate Property Trust Dated May 8, 1992, David Steinbach, Rebecca Steinbach, Gail A Paulson-Hanson, Marilee Jantzer-White, Debra Ortega Traders, LLC, 8776.66, Inc., Fritz Bailey, Rebecca Bailey and Kurt & Glen Corporation
Case Number: 1:2019cv01913
Filed: July 2, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Robert E Blackburn
Referring Judge: N Reid Neureiter
Nature of Suit: Torts to Land
Cause of Action: 42 U.S.C. ยง 9607 Real Property Tort to Land
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2022 Filing 216 Joint MOTION for Order to Enter Consent Decree by Plaintiff USA. (Attachments: #1 Exhibit Consent decree, #2 Exhibit Industrial Fire Restrictions Plan)(Licht-Steenfat, Jacob)
March 2, 2022 Opinion or Order Filing 215 MINUTE ORDER by Judge Robert E. Blackburn on 03/02/2022. The parties' Joint Motion To Vacate Trial and Pre-Trial Deadlines [#214 ] is granted in part and denied in part. The motion is granted insofar as it seeks vacature of all extant pretrial deadlines, and those deadlines are vacated. In all other respects, the motion is denied. On or before 3/21/2022, the parties shall either file their motion for entry of the consent decree or file a joint status report apprising the court of the status of the settlement. (athom, )
March 1, 2022 Filing 214 Joint MOTION to Vacate Trial and Pretrial Deadlines by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only))(Waltz, Richard)
February 2, 2022 Opinion or Order Filing 213 ORDER. Defendants Renewed Motion for Change in Location of Trial [#187 ], filed July 1, 2021, is granted. By Judge Robert E. Blackburn on 02/02/2022. (athom, )
February 1, 2022 Opinion or Order Filing 212 Minute ORDER by Magistrate Judge N. Reid Neureiter on 1 February 2022. It is hereby ORDERED that the parties' Joint Motion to Vacate February 1, 2022 Hearing (Dkt. #210 ) is GRANTED. The Motion Hearing set for February 1, 2022 at 11:00 a.m. is VACATED. It is further ORDERED that the United States' Motion for Corrective Relief to Remedy Prejudice from Defendants' Untimely Expert Disclosure (Dkt. #171 ) is DENIED WITHOUT PREJUDICE as moot. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
February 1, 2022 Filing 211 MEMORANDUM by Judge Robert E. Blackburn on 2/1/22 regarding #210 Joint MOTION to Vacate February 1, 2022, Hearing filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
January 31, 2022 Filing 210 Joint MOTION to Vacate February 1, 2022, Hearing by Plaintiff USA. (Licht-Steenfat, Jacob)
January 28, 2022 Opinion or Order Filing 209 Minute ORDER by Magistrate Judge N. Reid Neureiter on 28 January 2022. It is hereby ORDERED that the United States' Motion for Corrective Relief to Remedy Prejudice from Defendants' Untimely Expert Disclosure (Dkt. #171 ) is UNREFERRED to the Special Master. It is further ORDERED that a Motion Hearing on the subject motion is set for February 1, 2022 at 11:00 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. If counsel are not available at this date and time, they are directed to jointly contact Chambers (303-335-2403) to reset the hearing. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
November 19, 2021 Opinion or Order Filing 208 ORDER. Defendants' Unopposed Motion for Leave To File Motion Pursuant to Fed. R. Evid. 702, 703, and Daubert [#185 ] is granted. Defendants' Motion To Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach Pursuant to Fed. R. Evid. 702, 703, and Daubert [#186 ] is denied. By Judge Robert E. Blackburn on 11/19/2021. (athom, )
November 2, 2021 Opinion or Order Filing 207 THIRD TRIAL PREPARATION CONFERENCE ORDER. Combined Final Pretrial Conference/Trial Preparation Conference set for 4/6/2022 at 01:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Ten Day Jury Trial set for 5/2/2022 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. This order supplants and supersedes the Second Trial Preparation Conference Order #123 , entered November 6, 2020. By Judge Robert E. Blackburn on 11/2/2021. (sphil, )
October 28, 2021 Opinion or Order Filing 206 ORDER Denying #180 Motion for Summary Judgment of American Heritage Railways, Inc. By Judge Robert E. Blackburn on 10/28/2021. (athom, )
August 17, 2021 Opinion or Order Filing 205 MINUTE ORDER by Judge Robert E. Blackburn on 8/17/21 granting #204 Motion for Leave to File Excess Pages. Text Only Entry(rebsec)
August 16, 2021 Filing 204 Unopposed MOTION for Leave to File Excess Pages for Reply in Support of Motion to Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
August 16, 2021 Filing 203 REPLY to Response to #186 MOTION to Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach Pursuant to Fed.R.Evid 702, 703 and Daubert filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit K)(Waltz, Richard)
August 11, 2021 Opinion or Order Filing 202 MINUTE ORDER by Judge Robert E. Blackburn on 8/11/21 granting #201 Motion for Extension of Time to File Response/Reply re #201 Unopposed MOTION for Extension of Time to File Response/Reply as to #186 MOTION to Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach Pursuant to Fed.R.Evid 702, 703 and Daubert. Defendants' reply is due on or before 8/16/21. Text Only Entry (rebsec)
August 10, 2021 Filing 201 Unopposed MOTION for Extension of Time to File Response/Reply as to #186 MOTION to Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach Pursuant to Fed.R.Evid 702, 703 and Daubert by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Stauch, Barbara)
August 9, 2021 Filing 200 REPLY to Response to #187 Renewed MOTION to Change Venue of Trial filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Waltz, Richard)
July 28, 2021 Opinion or Order Filing 199 MINUTE ORDER by Judge Robert E. Blackburn on 7/28/21 granting #197 Motion for Leave to File Excess Pages. Text Only Entry(rebsec)
July 28, 2021 Filing 198 RESPONSE to #186 MOTION to Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach Pursuant to Fed.R.Evid 702, 703 and Daubert filed by Plaintiff USA. (Attachments: #1 Deposition Excerpts, #2 Affidavit, #3 Deposition Excerpts, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Deposition Excerpts)(Licht-Steenfat, Jacob)
July 28, 2021 Filing 197 Unopposed MOTION for Leave to File Excess Pages for Response to ECF No. 186 by Plaintiff USA. (Licht-Steenfat, Jacob)
July 27, 2021 Filing 196 RESPONSE to #187 Renewed MOTION to Change Venue of Trial filed by Plaintiff USA. (Ross, Katherine)
July 22, 2021 Opinion or Order Filing 195 MINUTE ORDER by Judge Robert E. Blackburn on 7/22/2021 granting #194 Motion for Extension of Time to File Response/Reply. Plaintiff's response to the Renewed Motion for Change in Location or Trial #187 is due 7/27/21. Text Only Entry(rebsec)
July 21, 2021 Filing 194 MOTION for Extension of Time to File Response/Reply as to #187 Renewed MOTION to Change Venue of Trial by Plaintiff USA. (Ross, Katherine)
July 19, 2021 Opinion or Order Filing 193 MINUTE ORDER by Judge Robert E. Blackburn on 7/19/21 granting #191 Motion for Leave to Exceed Page Limit for Reply in Support of Motion for Summary Judgment of American Heritage Railways, Inc. Text Only Entry (rebsec)
July 16, 2021 Filing 192 REPLY to Response to #180 MOTION for Summary Judgment of American Railways, Inc. filed by Defendant American Heritage Railways, Inc.. (Attachments: #1 Exhibit Exhibit N - DSNGRC Articles of Incorporation)(Stauch, Barbara)
July 16, 2021 Filing 191 Unopposed MOTION for Leave to Exceed Page Limit for Reply in Support of Motion for Summary Judgment of American Heritage Railways, Inc. by Defendant American Heritage Railways, Inc.. (Attachments: #1 Proposed Order (PDF Only) Order Granting Unopposed Motion for Leave to Exceed Page Limit for Reply in Support of Motion for Summary Judgment of American Heritage Railways, Inc)(Stauch, Barbara)
July 16, 2021 Opinion or Order Filing 190 MINUTE ORDER by Judge Robert E. Blackburn on 7/16/21 granting #189 Motion for Extension of Time to File Response/Reply. Text Only Entry(rebsec)
July 15, 2021 Filing 189 Unopposed MOTION for Extension of Time to File Response/Reply as to #186 MOTION to Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach Pursuant to Fed.R.Evid 702, 703 and Daubert by Plaintiff USA. (Licht-Steenfat, Jacob)
July 2, 2021 Filing 188 RESPONSE to #180 MOTION for Summary Judgment filed by Plaintiff USA. (Attachments: #1 Exhibit 1 (Deposition of AHR), #2 Exhibit 2 (Deposition of Allen Harper), #3 Exhibit 3 (Deposition of Jeff Jackson), #4 Exhibit 4 (AHR "Who We Are" Webpage), #5 Exhibit 5 (AHR Homepage), #6 Exhibit 6 (D&SNGRC 2019 FAQs), #7 Exhibit 7 (D&SNGRC 2021 FAQs), #8 Exhibit 8 (D&SNGRC Deposition in the Associated State Case), #9 Exhibit 9 (AHR Deposition in the Associated State Case), #10 Exhibit 10 (Deposition of D&SNGRC), #11 Exhibit 11 (D&SNGRC Organizational Chart), #12 Exhibit 12 (News Items), #13 Exhibit 13 (News Item dated August 26, 2018), #14 Exhibit 14 (2018/2019 Proposed Schedule of Operation))(Ross, Katherine)
July 1, 2021 Filing 187 Renewed MOTION to Change Venue of Trial by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
June 29, 2021 Filing 186 MOTION to Exclude Expert Testimony of Plaintiff's Expert Benjamin Leach Pursuant to Fed.R.Evid 702, 703 and Daubert by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Waltz, Richard)
June 29, 2021 Filing 185 Unopposed MOTION for Leave to File Motion Pursuant to FED.R.EVID. 702, 703 and Daubert by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
June 24, 2021 Opinion or Order Filing 184 MINUTE ORDER by Judge Robert E. Blackburn on 6/24/21 granting #183 Motion for Extension of Time to File Response/Reply. Response is due by 7/2/21. Text Only Entry(rebsec)
June 23, 2021 Filing 183 Unopposed MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment by Plaintiff USA. (Ross, Katherine)
June 17, 2021 Opinion or Order Filing 182 ORDER by Judge Robert E. Blackburn on 6/17/21 granting #181 Motion to Reset Trial Date. The combined Final Pretrial Conference and Trial Preparation Conference scheduled for August 26, 2021, at 1:30 p.m., is vacated and continued pending further order; the trial scheduled to commence September 13, 2021, is vacated and continued pending further order; as soon as practicable, counsel for plaintiff shall initiate a joint email to Blackburn_Chambers@cod.uscourts.gov to reschedule the combined Final Pretrial Conference and Trial Preparation Conference and the trial; the trial shall be scheduled for ten (10) trial days, or such other time as counsel may reasonably request; the trial shall be set to begin on or after March 31, 2022, at the mutual convenience of the court and the parties; and the Second Trial Preparation Conference Order #123 is amended and supplemented accordingly. (rebsec)
June 15, 2021 Filing 181 Joint MOTION to Reset Trial Date by Plaintiff USA. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Licht-Steenfat, Jacob)
June 4, 2021 Filing 180 MOTION for Summary Judgment by Defendant American Heritage Railways, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Waltz, Richard)
May 11, 2021 Filing 179 NOTICE of Entry of Appearance by Andrew M. Soler on behalf of USAAttorney Andrew M. Soler added to party USA(pty:pla) (Soler, Andrew)
May 10, 2021 Filing 178 REPLY to Response to #171 MOTION for Order to for Corrective Relief to Remedy Prejudice from Defendants Untimely Expert Disclosure filed by Plaintiff USA. (Attachments: #1 Exhibit Discovery excerpts, #2 Exhibit Deposition excerpt)(Licht-Steenfat, Jacob)
May 3, 2021 Opinion or Order Filing 177 MINUTE ORDER by Judge Robert E. Blackburn on 5/3/21. On 4/19/21 the court received an email from the master inquiring on behalf of the parties about the viability of the extant trial setting. The court does not, because it may not, react to unsolicited ex parte communications. IT IS ORDERED that all requests for relief, including requests for clarification, shall be filed and marshaled as required by D.C.COLO.LCivR 7.1. Text Only Entry (rebsec)
April 26, 2021 Filing 176 RESPONSE to #171 MOTION for Order to for Corrective Relief to Remedy Prejudice from Defendants Untimely Expert Disclosure filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Waltz, Richard)
April 22, 2021 Opinion or Order Filing 175 ORDER Special Master's Order Regarding Objections to Rule 30(b)(6) Deposition Notices by Special Master/Tenner on 04/22/2021 (Tenner, David)
April 13, 2021 Filing 174 Special Master's Order Regarding Deposition Scheduling by Special Master/Tenner on 04/13/2021 (Tenner, David)
April 13, 2021 Opinion or Order Filing 173 MEMORANDUM regarding #171 MOTION for Order to for Corrective Relief to Remedy Prejudice from Defendants Untimely Expert Disclosure filed by USA. Motions referred to Special Master by Magistrate Judge N. Reid Neureiter on 4/13/2021. Text Only Entry (slibi, )
April 12, 2021 Filing 172 MEMORANDUM by Judge Robert E. Blackburn on 4/12/21 regarding #171 MOTION for Order to for Corrective Relief to Remedy Prejudice from Defendants Untimely Expert Disclosure filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
April 9, 2021 Filing 171 MOTION for Order to for Corrective Relief to Remedy Prejudice from Defendants Untimely Expert Disclosure by Plaintiff USA. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9)(Licht-Steenfat, Jacob)
April 6, 2021 Filing 170 NOTICE re #162 Notice (Other) of Resolved Trial Date Conflict by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The (Waltz, Richard)
March 8, 2021 Opinion or Order Filing 169 Order Special Master's Order Regarding Discovery Disputes Presented at March 8, 2021, Status Conference by Special Master/Tenner on 03/08/2021 (Tenner, David)
March 5, 2021 Opinion or Order Filing 168 Minute ORDER by Magistrate Judge N. Reid Neureiter on 5 March 2021. It is hereby ORDERED that the parties' Joint Motion to Amend Scheduling Orderto Extend Deadlines Regarding Discovery Cutoff (Approved by Special Master) and Dispositive Motions Deadline (Dkt. #166 ) is GRANTED. The Scheduling Order (Dkt. #13 ) is further AMENDED to extend the discovery cutoff to May 10, 2021, and the dispositive motion deadline to June 4, 2021. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
March 5, 2021 Filing 167 MEMORANDUM by Judge Robert E. Blackburn on 3/5/21 regarding #166 Joint MOTION to Amend/Correct/Modify #125 Order on Motion for Protective Order, Order on Motion to Amend/Correct/Modify, Discovery Hearing, #13 Scheduling Order filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
March 4, 2021 Filing 166 Joint MOTION to Amend/Correct/Modify #125 Order on Motion for Protective Order,,, Order on Motion to Amend/Correct/Modify,,, Discovery Hearing,,, Set/Reset Deadlines/Hearings,, #13 Scheduling Order by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Stauch, Barbara)
March 2, 2021 Filing 165 Utility Setting/Resetting Deadlines/Hearings: Hearing on Defendants' Objections to Plaintiff's Privilege Log set for 4/6/2021 01:30 PM before Special Master Tenner pursuant to #164 Order. Text Only Entry (athom, )
March 2, 2021 Filing 164 NOTICE of Special Master's Hearing on Defendants' Objections to Plaintiff's Privilege Log, April 06, 2021, at 1:30 P.M. by Special Master/Tenner on 03/02/2021 (Tenner, David)
March 2, 2021 Opinion or Order Filing 163 Order Special Master's Order Regarding Discovery Disputes Presented at March 2, 2021, Status Conference by Special Master/Tenner on 03/02/2021 (Tenner, David)
February 18, 2021 Filing 162 NOTICE of Trial Date Conflict by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The (Attachments: #1 Exhibit A)(Waltz, Richard)
February 9, 2021 Opinion or Order Filing 161 ORDER - Special Master's Order Regarding Defendants' Objections To Plaintiff's Second Set Of Requests For Production Of Documents And Interrogatories To Defendants by Special Master/Tenner on 02/09/2021 (Tenner, David)
January 25, 2021 Filing 160 Utility Setting/Resetting Deadlines/Hearings: Status Conference set for 3/2/2021 02:00 PM before Special Master Tenner pursuant to #159 Order. Text Only Entry. (athom, )
January 25, 2021 Opinion or Order Filing 159 Order - Special Master's Order Regarding Discovery Disputes Presented at January 25, 2021 Status Conference by Special Master/Tenner on 01/25/2021, Additional Status Conference scheduled for March 2, 2021, at 2:00 p.m. (Tenner, David) Modified on 1/26/2021 to correct text (athom, ).
January 21, 2021 Filing 158 TRANSCRIPT of TELEPHONIC EVIDENTIARY HEARING held on 01/07/2021 before Magistrate Judge Neureiter. Pages: 1-86. Prepared by: AB Litigation Services. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
January 21, 2021 Filing 157 TRANSCRIPT of TELEPHONIC STATUS CONFERENCE held on 12/22/2020 before Magistrate Judge Neureiter. Pages: 1-12. Prepared by: AB Litigation Services. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
January 18, 2021 Opinion or Order Filing 156 Order - Special Master's Order Regarding Discovery Disputes Presented at January 15, 2021 Status Conference by Special Master/Tenner on 01/18/2021 (Tenner, David)
January 11, 2021 Opinion or Order Filing 155 ORDER - Special Master's Order Regarding Objections to Plaintiff's Second Set of Requests for Production and Interrogatories by Special Master Tenner on 01/11/2021 (Tenner, David)
January 7, 2021 Filing 154 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Evidentiary Hearing via Video Conference held on 1/7/2021. ORDER granting in part and denying in part #118 Defendants Motion for Sanctions for Discovery Violations. FTR: Courtroom C203. (slibi, )
December 31, 2020 Opinion or Order Filing 153 ORDER Special Master's Order re Discovery Disputes Presented at December 30, 2020, Status Conference by Special Master Special Master on 12/31/2020. (Tenner, David)
December 23, 2020 Filing 152 NOTICE re #143 Notice (Other) Amended Notice of Status Conference With Special Master by Special Master David M. Tenner (Tenner, David)
December 22, 2020 Filing 151 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 12/22/2020. Evidentiary Hearing via video conference set for 1/7/2021 02:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C203. (Attachments: #1 VTC Instructions, #2 VTC Tips) (slibi, )
December 21, 2020 Filing 150 TRANSCRIPT of TELEPHONIC DISCOVERY HEARING held on 11/09/2020 before Magistrate Judge Neureiter. Pages: 1-43. Prepared by: AB Litigation Services. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
December 17, 2020 Filing 149 RESPONSE to #144 Order,, Magistrate Judge's Order that Defendants' State Their Position Concerning Need for Evidentiary Hearing by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
December 15, 2020 Filing 148 DEFENDANTS' REPLY IN SUPPORT OF #141 MOTION FOR SANCTIONS FOR DISCOVERY VIOLATIONS by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R) (Filed pursuant to #147 )(cmadr, )
December 15, 2020 Opinion or Order Filing 147 Minute ORDER by Magistrate Judge N. Reid Neureiter on 15 December 2020. It is hereby ORDERED that Defendants' Unopposed Motion for Leave to Exceed Page Limits for Defendants' Reply to Their Motion for Sanctions for Discovery Violations (Dkt. #145 ) is GRANTED. Defendants' Reply in Support of Motion for Sanctions for Discovery Violations (Dkt. #145-1) is ACCEPTED as filed. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
December 15, 2020 Filing 146 MEMORANDUM by Judge Robert E. Blackburn on 12/15/20 regarding #145 Unopposed MOTION for Leave to File Excess Pages for Reply to ECF 141 filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc.. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
December 15, 2020 Filing 145 Unopposed MOTION for Leave to File Excess Pages for Reply to ECF 141 by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit Reply Brief, #2 Exhibit Exhibit P to Reply Brief, #3 Exhibit Exhibit Q to Reply Brief, #4 Exhibit Exhibit R to reply Brief)(Waltz, Richard)
December 15, 2020 Opinion or Order Filing 144 Minute ORDER by Magistrate Judge N. Reid Neureiter on 15 December 2020. This case is before the Court on the United States' request, contained in its Response to Defendants' Motion for Sanctions (Dkt. #141 at 3), that the evidentiary hearing set for January 7, 2020 be vacated or converted into a status conference. It is hereby ORDERED that Defendants shall respond to the United States' request on or before December 21, 2020. It is further ORDERED that a Telephonic Status Conference is set for December 22, 2020 at 11:00 a.m. to discuss the matter. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
December 14, 2020 Filing 143 NOTICE of Status Conference with Special Master by Special Master David M. Tenner (Tenner, David)
December 14, 2020 Opinion or Order Filing 142 ORDER by Special Master Special Master on 12/14/2020. (Tenner, David)
December 7, 2020 Opinion or Order Filing 140 Minute ORDER by Magistrate Judge N. Reid Neureiter on 7 December 2020. It is hereby ORDERED that Plaintiff's Unopposed Motion to File Excess Pages for Response to Defendants' Motion for Sanctions (Dkt. #138 ) is GRANTED. Plaintiff's Response to Defendants' Motion for Sanctions for Discovery Violations (Dkt. #138-1) is ACCEPTED as filed. The Clerk is respectfully directed to place the response brief and accompanying exhibits (Dkt. #138-1, 138-2, & 138-3) on the docket as a separate entry. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
December 7, 2020 Filing 139 MEMORANDUM by Judge Robert E. Blackburn on 12/7/20 regarding #138 Unopposed MOTION for Leave to File Excess Pages for Response to ECF No. 118 filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
December 4, 2020 Filing 141 RESPONSE TO DEFENDANTS' MOTION FOR SANCTIONS [ECF NO. #118 ] filed by Plaintiff USA. (Filed pursuant to #140 .) (Attachments: #1 Exhibit A, #2 Exhibit B)(cmadr, )
December 4, 2020 Filing 138 Unopposed MOTION for Leave to File Excess Pages for Response to ECF No. 118 by Plaintiff USA. (Attachments: #1 Exhibit Response brief, #2 Exhibit, #3 Exhibit)(Licht-Steenfat, Jacob)
November 30, 2020 Filing 137 NOTICE re #132 Notice (Other) Amended Notice of Status Conference With Special Master by Special Master David M. Tenner (Tenner, David)
November 25, 2020 Opinion or Order Filing 136 MINUTE ORDER granting #133 Second Unopposed Motion for Extension of Time to Respond to Defendants Motion for Sanctions. Plaintiffs response to Defendants #118 Motion for Sanctions for Discovery Violations ) shall be filed on or before 12/4/2020, by Magistrate Judge N. Reid Neureiter on 11/25/2020. PLEASE READ ATTACHED ORDER.(jgonz, )
November 25, 2020 Opinion or Order Filing 134 ORDER REFERRING MOTION(S): #133 Unopposed MOTION for Extension of Time to File Response/Reply as to #118 MOTION for Sanctions filed by USA.Motion referred to Magistrate Judge N. Reid Neureiter by Judge Robert E. Blackburn on 11/25/2020. Text Only Entry (reblc2)
November 24, 2020 Filing 133 Unopposed MOTION for Extension of Time to File Response/Reply as to #118 MOTION for Sanctions by Plaintiff USA. (Licht-Steenfat, Jacob)
November 23, 2020 Filing 135 Conventionally Submitted Material : 1 Flash Drive of Exhibits 3, 5-8 of Videotaped Deposition of Shawn Brandow to #112 MOTION for Protective Order and Motion to Limit Deposition by Plaintiff USA. Material stored in the Clerk's Office: oversized area A-3-3. Text Only Entry. (sphil, ) Modified to specify storage location on 12/9/2020 (jtorr, ).
November 19, 2020 Filing 132 NOTICE re #131 Order of Status Conference with Special Master by Special Master David M. Tenner (Tenner, David)
November 19, 2020 Opinion or Order Filing 131 ORDER - Initial Meeting With Special Master by Special Master David Tenner on 11/19/2020. (Tenner, David)
November 18, 2020 Opinion or Order Filing 130 Minute ORDER by Magistrate Judge N. Reid Neureiter on 18 November 2020. It is hereby ORDERED that Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion for Sanctions (Dkt. #128 ) is GRANTED finding good cause shown. Plaintiff's response to Defendants' Motion for Sanctions for Discovery Violations (Dkt. #118 ) shall be filed on or before November 27, 2020. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
November 18, 2020 Filing 129 MEMORANDUM by Judge Robert E. Blackburn on 11/18/20 regarding #128 Unopposed MOTION for Extension of Time to File Response/Reply as to #118 MOTION for Sanctions filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
November 18, 2020 Filing 128 Unopposed MOTION for Extension of Time to File Response/Reply as to #118 MOTION for Sanctions by Plaintiff USA. (Licht-Steenfat, Jacob)
November 13, 2020 Filing 127 NOTICE of Filing Notice of Initial Meeting with Special Master by Plaintiff USA (Attachments: #1 Notice of Initial Meeting with Special Master)(Ross, Katherine)
November 10, 2020 Opinion or Order Filing 126 ORDER APPOINTING DAVID M. TENNER AS SPECIAL MASTER by Magistrate Judge N. Reid Neureiter on 10 November 2020. (cmadr, )
November 9, 2020 Filing 125 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Discovery Hearing held on 11/9/202. ORDER granting #112 United States Motion to Limit Deposition and Motion for Protective Order. ORDER granting #116 Joint Motion to Amend Scheduling Order to Extend Deadlines. Discovery due by 4/1/2021. Dispositive Motions due by 5/3/2021. Evidentiary Hearing set by video conference for 1/7/2021 02:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C203. (Attachments: #1 Video Conference Information) (slibi, )
November 6, 2020 Filing 124 RESPONSE to #112 MOTION for Protective Order and Motion to Limit Deposition filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Waltz, Richard)
November 6, 2020 Opinion or Order Filing 123 SECOND TRIAL PREPARATION CONFERENCE ORDER. Combined Final Pretrial Conference/Trial Preparation Conference set for 8/26/2021 at 01:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Ten Day Jury Trial set for 9/13/2021 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 8/26/2021 at 01:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. This order supplants and supersedes the Trial Preparation Conference Order [#14 ], entered 9/20/2019. By Judge Robert E. Blackburn on 11/06/2020. (athom, )
November 6, 2020 Opinion or Order Filing 122 ORDER. Defendants' Motion for Change in Location of Trial [#106 ] is denied without prejudice. The Unopposed Motion by United States To Set New Trial Date [#99 ] is granted. By separate order, the court shall set this matter for a ten-day jury trial commencing 9/13/2021. By Judge Robert E. Blackburn on 11/06/2020. (athom, )
November 4, 2020 Filing 121 TRANSCRIPT of TELEPHONIC DISCOVERY HEARING held on 09/22/2020 before Magistrate Judge Neureiter. Pages: 1-40. Prepared by: AB Litigation Services. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
November 3, 2020 Filing 120 Conventionally Submitted Material : 1 CD - Exhibit A to MOTION for Sanctions #118 by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The Text Only Entry. Material placed in the Clerk's Office Oversized Area. (athom, )
November 2, 2020 Filing 119 MEMORANDUM by Judge Robert E. Blackburn on 11/2/20 regarding #118 MOTION for Sanctions filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc.. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
October 30, 2020 Filing 118 MOTION for Sanctions by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N)(Waltz, Richard)
October 30, 2020 Filing 117 MEMORANDUM by Judge Robert E. Blackburn on 10/30/20 regarding #116 Joint MOTION to Amend/Correct/Modify #13 Scheduling Order to Extend Deadlines filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
October 30, 2020 Filing 116 Joint MOTION to Amend/Correct/Modify #13 Scheduling Order to Extend Deadlines by Plaintiff USA. (Ross, Katherine)
October 29, 2020 Opinion or Order Filing 115 Minute ORDER by Magistrate Judge N. Reid Neureiter on 29 October 2020. This case is before the Court on the United States' Motion to Limit Deposition and Motion for Protective Order (Dkt. #112 ). It is hereby ORDERED that Defendants shall file a response on or before November 6, 2020. It is further ORDERED that a Telephonic Discovery Hearing is set on November 9, 2020 at 11:00 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
October 28, 2020 Filing 114 REPLY to Response to #106 MOTION to Change Venue of Trial filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Stauch, Barbara)
October 27, 2020 Opinion or Order Filing 113 ORDER REFERRING MOTION(S): #112 MOTION for Protective Order and Motion to Limit Deposition filed by USA.Motion referred to Magistrate Judge N. Reid Neure iter by Judge Robert E. Blackburn on 10/27/2020. Text Only Entry (reblc2)
October 26, 2020 Filing 112 MOTION for Protective Order and Motion to Limit Deposition by Plaintiff USA. (Attachments: #1 Exhibit 1 (Waltz/Ross email dated October 16, 2020), #2 Exhibit 2 (Waltz/Henderson email dated October 16, 2020), #3 Exhibit 3 (conventionally submitted videotaped deposition of Shawn Brandow at 11:45:07 to 12:38:26), #4 Exhibit 4 (Meier/Ross email dated October 19, 2020), #5 Exhibit 5 (conventionally submitted videotaped deposition of Shawn Brandow at 14:18:17 to 14:20:57), #6 Exhibit 6 (conventionally submitted videotaped deposition of Shawn Brandow at 16:00:13 to 16:03:55), #7 Exhibit 7 (conventionally submitted videotaped deposition of Benjamin Leach at 09:05:41 to 09:10:38), #8 Exhibit 8 (conventionally submitted videotaped deposition of Benjamin Leach at 09:13:35 to 09:15:37))(Ross, Katherine)
October 14, 2020 Filing 111 RESPONSE to #106 MOTION to Change Venue of Trial filed by Plaintiff USA. (Licht-Steenfat, Jacob)
October 6, 2020 Opinion or Order Filing 110 MINUTE ORDER by Judge Robert E. Blackburn on 10/6/20 granting #109 Motion for Extension of Time to File Response/Reply. Text Only Entry(rebsec)
October 6, 2020 Filing 109 Unopposed MOTION for Extension of Time to File Response/Reply as to #106 MOTION to Change Venue of Trial by Plaintiff USA. (Licht-Steenfat, Jacob)
October 1, 2020 Opinion or Order Filing 108 ORDER ON DISCOVERY DISPUTE RELATING TO ADEQUACY OF DEFENDANTS' EXPERT DISCLOSURES (ARGUED SEPTEMBER 22, 2020) by Magistrate Judge N. Reid Neureiter on 1 October 2020. (cmadr, )
September 22, 2020 Filing 107 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Discovery Hearing held on 9/22/2020. FTR: Courtroom C203. (Attachments: #1 Joint Discovery Statement, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (slibi, )
September 16, 2020 Filing 106 MOTION to Change Venue of Trial by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order)(Waltz, Richard)
September 11, 2020 Filing 105 NOTICE of Entry of Appearance by David L. Murphy on behalf of All Defendants Attorney David L. Murphy added to party American Heritage Railways, Inc.(pty:dft), Attorney David L. Murphy added to party Durango & Silverton Narrow Gauge Railroad Company, The(pty:dft) (Murphy, David)
August 20, 2020 Opinion or Order Filing 104 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 20 August 2020. It is hereby ORDERED that a Telephonic Discovery Hearing is set on September 22, 2020 at 2:30 p.m. The parties are directed to prepare and email to Chambers by the close of business on September 18, 2020 a short (no longer than ten pages) joint statement setting forth each sides respective position concerning the dispute. The parties are advised that the joint statement will be attached to the courtroom minutes and made a part of the record. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
August 18, 2020 Opinion or Order Filing 103 Minute ORDER by Magistrate Judge N. Reid Neureiter on 18 August 2020. It is hereby ORDERED that Defendants' Unopposed Motion for Extension of Expert Disclosure Deadlines (Dkt. #101 ) is GRANTED finding good cause shown. The Scheduling Order (Dkt. #13 ) is further AMENDED to extend the deadline for Defendants' Expert Disclosures regarding damages up to and including September 17, 2020, and Plaintiff's Rebuttal Expert Disclosures regarding damages up to and including October 17, 2020. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
August 17, 2020 Filing 102 MEMORANDUM by Judge Robert E. Blackburn on 8/17/20 regarding #101 Unopposed MOTION for Extension of Time to File Expert Disclosure filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc.. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
August 17, 2020 Filing 101 Unopposed MOTION for Extension of Time to File Expert Disclosure by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only))(Stauch, Barbara)
August 17, 2020 Filing 100 NOTICE OF CASE ASSOCIATION by Barbara J. Stauch on behalf of All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stauch, Barbara)
August 10, 2020 Filing 99 Unopposed MOTION to Reset Trial Date by Plaintiff USA. (Licht-Steenfat, Jacob)
July 14, 2020 Opinion or Order Filing 98 ORDER. Defendants' Emergency Motion for Declaratory Relief and Request for Preliminary Injunction [#96 ] is denied. The United States' Motion To Strike Defendants' Emergency Motion for Declaratory Relief and Request for Preliminary Injunction [#97 ] is granted. Defendants' #96 Motion is stricken. By Judge Robert E. Blackburn on 07/14/2020. (athom, )
July 12, 2020 Filing 97 MOTION to Strike #96 Emergency MOTION for Preliminary Injunction and Declaratory Relief by Plaintiff USA. (Ross, Katherine)
July 10, 2020 Filing 96 STRICKEN - Emergency MOTION for Preliminary Injunction and Declaratory Relief by Defendant Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, Part 1, #11 Exhibit J, Part 2, #12 Exhibit J, Part 3, #13 Exhibit J, Part 4, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Proposed Order (PDF Only))(Waltz, Richard) Modified on 7/14/2020 to strike pursuant to #98 Order (athom, ).
July 9, 2020 Opinion or Order Filing 95 Minute ORDER by Magistrate Judge N. Reid Neureiter on 9 July 2020. It is hereby ORDERED that the Motion to Withdraw #93 is GRANTED. Richard A. Howieson shall be permitted to withdraw as counsel for Defendants. The Clerk of Court is respectfully directed to remove Richard A. Howieson from electronic notification in this case. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
July 8, 2020 Filing 94 MEMORANDUM by Judge Robert E. Blackburn on 7/8/20 regarding #93 MOTION to Withdraw as Attorney filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc.. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
July 8, 2020 Filing 93 MOTION to Withdraw as Attorney by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only))(Stauch, Barbara)
July 2, 2020 Opinion or Order Filing 92 ORDER Adopting #75 Recommendation of the United States Magistrate Judge. The government's Motion To Strike, in Part, Defendants' Failure To Mitigate Defense [#48 ] is granted. Pursuant to Fed. R. Civ. P. 12(f), the affirmative defense of failure to mitigate, pled at paragraph 2 of Defendant Durango & Silverton Narrow Gauge Railroad Company's Answer and Jury Demand [#16 ] and likewise at paragraph 2 of Defendant American Heritage Railways, Inc.'s Answer and Jury Demand [#15 ] is stricken to the extent it might be construed to suggest defendants may plead, as an affirmative defense, that the government had a duty to mitigate damages prior to the occurrence of the fire which is the subject of this action. By Judge Robert E. Blackburn on 07/02/2020. (athom, )
July 2, 2020 Opinion or Order Filing 91 ORDER Overruling #76 Objections to and Adopting #74 Recommendation of United States Magistrate Judge. Defendants' Motion In Limine and Memorandum Brief in Support Thereof Regarding Applicability of Affirmative Defenses [#43 ] is denied. Plaintiff United States' Motion To Strike Affirmative Defenses [#70 ] is granted. Pursuant to Fed. R. Civ. P. 12(f), the affirmative defenses pled at paragraphs 3, 5, 6, and 7 of Defendant Durango & Silverton Narrow Gauge Railroad Company's Answer and Jury Demand [#16 ] and likewise at paragraphs 3, 5, 6, and 7 of Defendant American Heritage Railways, Inc.'s Answer and Jury Demand [#15 ] are stricken. by Judge Robert E. Blackburn on 07/02/2020.(athom, )
June 29, 2020 Opinion or Order Filing 90 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 29 June 2020. It is hereby ORDERED that the United States Unopposed Motion for a Two Week Extension of Expert Disclosures (Dkt. #88) is GRANTED. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
June 29, 2020 Filing 89 MEMORANDUM by Judge Robert E. Blackburn on 6/29/20 regarding #88 Unopposed MOTION for Extension of Time to Expert disclosure deadlines filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
June 26, 2020 Filing 88 Unopposed MOTION for Extension of Time to Expert disclosure deadlines by Plaintiff USA. (Licht-Steenfat, Jacob)
June 24, 2020 Opinion or Order Filing 87 ORDER Granting #85 Joint Motion to Amend Scheduling Order Regarding Number of Expert Witnesses by Magistrate Judge N. Reid Neureiter on 24 June 2020. It is Ordered that Section 9 (Case Plan and Schedule) of the Scheduling Order #13 is hereby modified and amended as follows: (d.) Expert Witness Disclosure: 2) The Parties have agreed to limit the number of expert witnesses to seven experts for Plaintiff and seven experts total for both Defendants.(cmadr, )
June 23, 2020 Opinion or Order Filing 86 ORDER REFERRING MOTION(S): #85 Joint MOTION to Amend/Correct/Modify #13 Scheduling Order filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Robert E. Blackburn on 06/23/2020. Text Only Entry (reblc2)
June 22, 2020 Filing 85 Joint MOTION to Amend/Correct/Modify #13 Scheduling Order by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only))(Stauch, Barbara)
June 1, 2020 Opinion or Order Filing 84 ORDER. The objections presented in defendants' Objections to Magistrate Judge's Report and Recommendation on Defendants' Partial Motion To Dismiss [#41 ] are overruled. The recommendation of the magistrate judge contained in the Report and Recommendation on Defendants' Partial Motion To Dismiss (Dkt. #8) [#37 ] is approved and adopted as an order of this court. Defendants' Motion To Dismiss Pursuant to Fed. R. Civ. Pro. 12(b)(6) [#8 ] is denied. By Judge Robert E. Blackburn on 06/01/2020. (athom, )
June 1, 2020 Opinion or Order Filing 83 ORDER. Defendants' Motion for Issuance of Certified Questions to the Colorado Supreme Court Pursuant to C.A.R. 21.1 [#30 ] is denied. The Motion for Leave To Submit Amicus Brief [#31 ] is denied as moot. By Judge Robert E. Blackburn on 06/01/2020. (athom, )
May 18, 2020 Filing 82 RESPONSE to Objection to #74 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #70 MOTION to Strike Affirmative Defenses filed by USA, #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses filed filed by Plaintiff USA. (Licht-Steenfat, Jacob)
May 14, 2020 Filing 81 TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 04/13/2020 before Magistrate Judge Neureiter. Pages: 1-76. Prepared by: AB Litigation Services. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
May 8, 2020 Opinion or Order Filing 80 MINUTE ORDER granting #77 Motion to Amend Scheduling Order by Magistrate Judge N. Reid Neureiter on 5/8/2020. Discovery due by 11/2/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
May 7, 2020 Filing 79 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #77 Joint MOTION to Amend/Correct/Modify #13 Scheduling Order filed by attorney Barbara J. Stauch. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (athom, )
May 7, 2020 Filing 78 MEMORANDUM by Judge Robert E. Blackburn on 5/7/20 regarding #77 Joint MOTION to Amend/Correct/Modify #13 Scheduling Order filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc.. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
May 6, 2020 Filing 77 Joint MOTION to Amend/Correct/Modify #13 Scheduling Order by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Waltz, Richard)
May 4, 2020 Filing 76 OBJECTIONS to #74 , #75 Report and Recommendations by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard) Modified on 5/5/2020 to correct event text (athom, ).
April 20, 2020 Filing 75 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #48 MOTION to Strike , in Part, Defendants' Failure to Mitigate Defense filed by USA by Magistrate Judge N. Reid Neureiter on 4/20/2020. The Court RECOMMENDS that #48 Motion be GRANTED. (tsher, )
April 20, 2020 Filing 74 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. and #70 MOTION to Strike Affirmative Defenses filed by USA. by Magistrate Judge N. Reid Neureiter on 4/20/2020. The Court RECOMMENDS that #43 Motion be DENIED and #70 Motion be GRANTED. (tsher, )
April 17, 2020 Filing 73 RESPONSE to #70 MOTION to Strike Affirmative Defenses filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Waltz, Richard)
April 13, 2020 Filing 72 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Motion Hearing held on 4/13/2020. ORDER taking under advisement #43 Motion in Limine; taking under advisement #48 Motion to Strike; taking under advisement #70 Motion to Strike. Defendant shall file a response, no longer than 4 pages in length, on or before April 17, 2020, if necessary. ORDERED: Defense counsel is to serve a brief Rule 34 inspection request and the United States shall make the evidence available pursuant to request for Rule 34 inspection within 2 weeks. FTR: Courtroom C203. (slibi, ) (Main Document 72 replaced on 4/13/2020) (slibi, ).
April 10, 2020 Filing 71 MEMORANDUM by Judge Robert E. Blackburn on 4/10/20 regarding #70 MOTION to Strike Affirmative Defenses filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
April 10, 2020 Filing 70 MOTION to Strike Affirmative Defenses by Plaintiff USA. (Licht-Steenfat, Jacob)
April 9, 2020 Filing 69 TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 03/04/2020 before Magistrate Judge Neureiter. Pages: 1-40. Prepared by: AB Court Reporting & Video, Inc.. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
April 8, 2020 Opinion or Order Filing 68 MINUTE ORDER granting #65 Motion for Leave to File Excess Pages by Magistrate Judge N. Reid Neureiter on 4/8/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
April 8, 2020 Filing 67 MEMORANDUM by Judge Robert E. Blackburn on 4/8/20 regarding #65 Unopposed MOTION for Leave to File Excess Pages for Defendants Reply to Plaintiffs Response to Defendants Motion in Limine Regarding the Applicability of Affirmative Defenses filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc.. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
April 8, 2020 Filing 66 REPLY to Response to #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
April 8, 2020 Filing 65 Unopposed MOTION for Leave to File Excess Pages for Defendants Reply to Plaintiffs Response to Defendants Motion in Limine Regarding the Applicability of Affirmative Defenses by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only))(Waltz, Richard)
April 8, 2020 Opinion or Order Filing 64 MINUTE ORDER granting #62 Motion for Extension of Time to File Reply by Magistrate Judge N. Reid Neureiter on 4/8/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
April 8, 2020 Filing 63 MEMORANDUM by Judge Robert E. Blackburn on 4/8/20regarding #62 Unopposed MOTION for Extension of Time to File Response/Reply as to #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
April 7, 2020 Filing 62 Unopposed MOTION for Extension of Time to File Response/Reply as to #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only) Order)(Waltz, Richard)
April 6, 2020 Filing 61 RESPONSE to #48 MOTION to Strike , in Part, Defendants' Failure to Mitigate Defense filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Waltz, Richard)
April 6, 2020 Opinion or Order Filing 60 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 4/6/2020. The upcoming hearing in this matter shall be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. Text Only Entry. (slibi, )
March 26, 2020 Opinion or Order Filing 59 MINUTE ORDER re: #58 Response to #43 Defendants Motion In Limine, filed by USA, by Magistrate Judge N. Reid Neureiter on 3/26/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
March 26, 2020 Filing 58 RESPONSE to #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses, filed by Plaintiff USA. (tsher, )
March 26, 2020 Opinion or Order Filing 57 MINUTE ORDER granting #55 Motion for Leave to File Excess Pages by Magistrate Judge N. Reid Neureiter on 3/26/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
March 26, 2020 Filing 56 MEMORANDUM by Judge Robert E. Blackburn on 3/26/20 regarding #55 Unopposed MOTION for Leave to File Excess Pages for Response to ECF No. 43 filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
March 25, 2020 Filing 55 Unopposed MOTION for Leave to File Excess Pages for Response to ECF No. 43 by Plaintiff USA. (Attachments: #1 Exhibit Response brief)(Licht-Steenfat, Jacob)
March 20, 2020 Opinion or Order Filing 54 MINUTE ORDER granting #47 Motion to Stay Discovery and Vacate Trial Dates by Magistrate Judge N. Reid Neureiter on 3/20/2020. Discovery in this case is STAYED. The Jury Trial set for 11/16/2020 12/1/2020 is VACATED. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
March 20, 2020 Filing 53 MEMORANDUM by Judge Robert E. Blackburn on 3/20/20 regarding #47 Joint MOTION to Stay Discovery and Vacate Trial filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
March 18, 2020 Opinion or Order Filing 52 MINUTE ORDER granting #50 Motion for Extension of Time to File Response/Reply by Magistrate Judge N. Reid Neureiter on 3/18/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
March 18, 2020 Filing 51 MEMORANDUM by Judge Robert E. Blackburn on 3/18/20 regarding #50 Unopposed MOTION for Extension of Time to File Response/Reply as to #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
March 18, 2020 Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply as to #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses by Plaintiff USA. (Licht-Steenfat, Jacob)
March 17, 2020 Filing 49 MEMORANDUM by Judge Robert E. Blackburn on 3/17/20 regarding #48 MOTION to Strike , in Part, Defendants' Failure to Mitigate Defense filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
March 13, 2020 Filing 48 MOTION to Strike , in Part, Defendants' Failure to Mitigate Defense by Plaintiff USA. (Ross, Katherine)
March 13, 2020 Filing 47 Joint MOTION to Stay Discovery and Vacate Trial by Plaintiff USA. (Ross, Katherine)
March 12, 2020 Opinion or Order Filing 46 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 3/12/2020 re the upcoming hearing in this matter shall be conducted via telephone. The parties are directed to jointly call chambers (303-335-2403) at the scheduled time. Parties shall refer to the Judges Standing Order on COVID-19, located on the website of the United States District Court for the District of Colorado (http://www.cod.uscourts.gov). Text Only Entry. (slibi, )
March 4, 2020 Filing 45 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Status Conference held on 3/4/2020. Motion Hearing set for 4/13/2020 01:30 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C203. (slibi, )
March 3, 2020 Filing 44 MEMORANDUM by Judge Robert E. Blackburn on 3/3/20 regarding #43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
February 18, 2020 Filing 43 MOTION in Limine and Memorandum Brief in Support Thereof Regarding The Applicability of Affirmative Defenses by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Proposed Order (PDF Only))(Waltz, Richard)
January 24, 2020 Filing 42 RESPONSE to Objection to #37 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. filed by Plaintiff USA. (Ross, Katherine)
January 10, 2020 Filing 41 OBJECTIONS to #37 Report and Recommendations filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard) Modified on 1/13/2020 to correct event text (athom, ).
January 9, 2020 Opinion or Order Filing 40 MINUTE ORDER granting #38 Motion for Extension of Time to Expert Discovery Deadlines by Magistrate Judge N. Reid Neureiter on 1/9/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
January 9, 2020 Filing 39 MEMORANDUM by Judge Robert E. Blackburn on 1/9/20 regarding #38 Unopposed MOTION for Extension of Time to Expert Discovery Deadlines filed by USA. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
January 9, 2020 Filing 38 Unopposed MOTION for Extension of Time to Expert Discovery Deadlines by Plaintiff USA. (Licht-Steenfat, Jacob)
December 27, 2019 Filing 37 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. by Magistrate Judge N. Reid Neureiter on 12/27/2019. The Court RECOMMENDS that #8 Defendants' Motion to Dismiss be DENIED. (tsher, )
December 26, 2019 Filing 36 REPLY to Response to #30 MOTION for Issuance of Certified Question to the Colorado Supreme Court Pursuant to C.A.R. 21.1 filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A)(Waltz, Richard)
December 20, 2019 Filing 35 REPLY to Response to #31 MOTION to File Amicus Brief filed by Amicus Parties 8776.66, Inc., Fritz Bailey, Rebecca Bailey, Antonio Bueso, James R. Buickerood, Lisa Cobb, Michael Cobb, Ryan Patrick Davis, Debra Ortega Traders, LLC, Desert, Inc., EZG, LLC, Engineer Mountain Land Co., LLC d/b/a Willow Tree Kennels, Susan L. Fryback, Debra Galbraith, Mark Galbraith, Chris Gann, Mary Ellen Gann, Laura Hawk, Hermosa Vista Association, Curtis Jackson, Marilee Jantzer-White, Kurt & Glen Corporation, La Plata Estates Road Association, Inc., Larry E. Hansen and Donna L. Hansen Revocable Trust, Brian D Leidal, Eileen K. Leidal, Wayne Martinez, Joan McLeod, John McLeod, Angela Minerich, Steve Minerich, Gail A Paulson-Hanson, Denise Sague Robbins, Jeffery P Robbins, Sheila G. McAllen Revocable Trust, Shirts and Hats LLC, David Steinbach, Rebecca Steinbach, Robyn Stockard, Roy Stockard, Sabrina Streusand, William Streusand, The Acceptus Group, LLC, The Candace A. Richerson Revocable Trust UTD December 12, 2005, The Douglas N. Matheson Separate Property Trust Dated May 8, 1992, The Lawrence M. Cohen Family Trust, The Sanctuary at North Valley Property Owners Association, Inc., Blanche L. Tune, Brenda P Verner, David L Verner, Westerly RV Park, LLC, Ann Wiley, Greg Wiley, Merrilee M Williams, Karen Zempel, Mark Zempel. (Henderson, Thomas)
December 11, 2019 Filing 34 RESPONSE to #30 MOTION for Issuance of Certified Question to the Colorado Supreme Court Pursuant to C.A.R. 21.1, #31 MOTION to File Amicus Brief filed by Plaintiff USA. (Licht-Steenfat, Jacob)
December 6, 2019 Filing 33 RESPONSE to #31 MOTION to File Amicus Brief filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
December 5, 2019 Filing 32 TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 11/14/2019 before Magistrate Judge Neureiter. Pages: 1-71. Prepared by: AB Court Reporting & Video, Inc.. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
November 25, 2019 Filing 31 MOTION to File Amicus Brief by Amicus Parties The Lawrence M. Cohen Family Trust, Ryan Patrick Davis, Blanche L. Tune, Westerly RV Park, LLC, Brian D Leidal, Eileen K. Leidal, Antonio Bueso, James R. Buickerood, Shirts and Hats LLC, Mary Ellen Gann, Chris Gann, Larry E. Hansen and Donna L. Hansen Revocable Trust, Laura Hawk, Jeffery P Robbins, Denise Sague Robbins, Greg Wiley, Ann Wiley, Merrilee M Williams, EZG, LLC, The Acceptus Group, LLC, Sabrina Streusand, William Streusand, John McLeod, Joan McLeod, Angela Minerich, Steve Minerich, Desert, Inc., Sheila G. McAllen Revocable Trust, Michael Cobb, Lisa Cobb, The Sanctuary at North Valley Property Owners Association, Inc., Engineer Mountain Land Co., LLC d/b/a Willow Tree Kennels, Curtis Jackson, The Candace A. Richerson Revocable Trust UTD December 12, 2005, Hermosa Vista Association, Wayne Martinez, La Plata Estates Road Association, Inc., Karen Zempel, Mark Zempel, Roy Stockard, Robyn Stockard, Susan L. Fryback, Debra Galbraith, Mark Galbraith, Brenda P Verner, David L Verner, The Douglas N. Matheson Separate Property Trust Dated May 8, 1992, David Steinbach, Rebecca Steinbach, Gail A Paulson-Hanson, Marilee Jantzer-White, Debra Ortega Traders, LLC, 8776.66, Inc., Fritz Bailey, Rebecca Bailey, Kurt & Glen Corporation. (Attachments: #1 Exhibit 1 - List of Plaintiffs, #2 Exhibit 2 - State Court Plaintiffs Amicus Brief, #3 Exhibit 3 - Plaintiffs State Court Brief Re: CRS 40-30-103, #4 Proposed Order (PDF Only) [Proposed] Order)(Henderson, Thomas)
November 20, 2019 Filing 30 MOTION for Issuance of Certified Question to the Colorado Supreme Court Pursuant to C.A.R. 21.1 by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
November 14, 2019 Filing 29 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Motion Hearing held on 11/14/2019. ORDER taking under advisement #8 Defendants Motion to Dismiss Pursuant to Fed. R. Civ. Pro 12(B)(6). FTR: Courtroom C203. (slibi, )
November 12, 2019 Filing 28 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #17 Notice of Entry of Appearance filed by attorney Richard Alexander Howieson; Richard A. Waltz. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (athom, )
November 6, 2019 Opinion or Order Filing 27 MINUTE ORDER granting #25 Motion for Leave to File Excess Pages by Magistrate Judge N. Reid Neureiter on 11/6/2019. PLEASE READ ATACHED MINUTE ORDER. (tsher, )
November 4, 2019 Filing 26 MEMORANDUM by Judge Robert E. Blackburn on 11/4/19 regarding #25 MOTION for Leave to File Excess Pages filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
November 1, 2019 Filing 25 MOTION for Leave to File Excess Pages by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only))(Stauch, Barbara)
November 1, 2019 Filing 24 REPLY to Response to #8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) filed by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Exhibit A)(Waltz, Richard)
October 30, 2019 Opinion or Order Filing 23 MINUTE ORDER granting #21 Motion for Extension of Time to File Reply, by Magistrate Judge N. Reid Neureiter on 10/30/2019. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
October 30, 2019 Filing 22 MEMORANDUM by Judge Robert E. Blackburn on 10/30/19 regarding #21 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc.Motion referred to Magistrate Judge N. Reid Neureiter. Text Only Entry (rebsec)
October 30, 2019 Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Attachments: #1 Proposed Order (PDF Only))(Stauch, Barbara)
October 25, 2019 Filing 20 TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 09/17/2019 before Magistrate Judge Neureiter. Pages: 1-54. Prepared by: AB Court Reporting & Video, Inc.. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
October 23, 2019 Filing 19 TRANSCRIPT of Scheduling Conference held on September 17, 2019 before Magistrate Judge Neureiter. Pages: 1-52. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
October 18, 2019 Filing 18 RESPONSE to #8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) filed by Plaintiff USA. (Ross, Katherine)
October 18, 2019 Filing 17 NOTICE of Entry of Appearance of Richard A. Howieson by Richard A. Waltz on behalf of All Defendants (Waltz, Richard)
September 20, 2019 Filing 16 ANSWER to #1 Complaint, by Durango & Silverton Narrow Gauge Railroad Company, The.(Waltz, Richard)
September 20, 2019 Filing 15 ANSWER to #1 Complaint, by American Heritage Railways, Inc..(Waltz, Richard)
September 20, 2019 Opinion or Order Filing 14 TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn on 9/20/19. All motions raising issues under Fed. R. Evid. 401, 702, 703, or 704, as codified and construed shall be filed by June 1, 2020. A combined Final Pretrial Conference and Trial Preparation Conference is set 11/4/2020 at 11:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. Ten Day Jury Trial is set 11/16/2020 through 11/20/2020; 11/23/2020 through 11/25/2020; and 11/30/2020 through 12/1/2020 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. (rebsec) (Main Document 14 replaced on 9/20/2019) (rebsec). Modified on 9/20/2019 to attach correct document (rebsec).
September 17, 2019 Opinion or Order Filing 13 SCHEDULING ORDER by Magistrate Judge N. Reid Neureiter on 9/17/2019. (slibi, )
September 17, 2019 Filing 12 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Scheduling Conference held on 9/17/2019. Discovery due by 6/30/2020. Dispositive Motions due by 7/24/2020. Motion Hearing set for 11/14/2019 02:30 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. Status Conference set for 3/4/2020 09:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C203. (slibi, )
September 10, 2019 Filing 11 Proposed Scheduling Order by Plaintiff USA. (Ross, Katherine)
September 10, 2019 Opinion or Order Filing 10 ORDER REFERRING MOTION(S): #8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) filed by Durango & Silverton Narrow Gauge Railroad Company, The, American Heritage Railways, Inc. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Robert E. Blackburn on 09/10/2019. Text Only Entry (reblc2)
September 10, 2019 Filing 9 NOTICE of Entry of Appearance by Barbara J. Stauch on behalf of American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, TheAttorney Barbara J. Stauch added to party American Heritage Railways, Inc.(pty:dft), Attorney Barbara J. Stauch added to party Durango & Silverton Narrow Gauge Railroad Company, The(pty:dft) (Stauch, Barbara)
September 9, 2019 Filing 8 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(6) by Defendants American Heritage Railways, Inc., Durango & Silverton Narrow Gauge Railroad Company, The. (Waltz, Richard)
July 23, 2019 Filing 7 NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of USAAttorney Katherine Ann Ross added to party USA(pty:pla) (Ross, Katherine)
July 15, 2019 Filing 6 NOTICE OF CASE ASSOCIATION by Jacob Licht-Steenfat on behalf of USA (Attachments: #1 Exhibit Associated state lawsuit complaint)(Licht-Steenfat, Jacob)
July 3, 2019 Opinion or Order Filing 5 ORDER Setting Scheduling/Planning Conference for 9/17/2019 09:30 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter, by Magistrate Judge N. Reid Neureiter on 7/03/2019. (slibi, )
July 3, 2019 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A). Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 7/3/19. Text Only Entry (rebsec)
July 2, 2019 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (rvill, )
July 2, 2019 Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (rvill, )
July 2, 2019 Filing 1 COMPLAINT against United States of America Attorney Jacob Licht-Steenfat added to party United States of America(pty:pla), filed by United States of America. (Attachments: #1 Summons, #2 Summons, #3 Civil Cover Sheet)(Licht-Steenfat, Jacob)

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Search for this case: USA v. Durango & Silverton Narrow Gauge Railroad Company, The et al
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Defendant: Durango & Silverton Narrow Gauge Railroad Company, The
Represented By: Barbara J. Stauch
Represented By: David L. Murphy
Represented By: Richard Alexander Howieson
Represented By: Richard A. Waltz
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Defendant: American Heritage Railways, Inc.
Represented By: Barbara J. Stauch
Represented By: David L. Murphy
Represented By: Richard Alexander Howieson
Represented By: Richard A. Waltz
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Plaintiff: USA
Represented By: Jacob Licht-Steenfat
Represented By: Katherine Ann Ross
Represented By: Andrew M. Soler
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Special master: David M. Tenner
Represented By: David M. Tenner
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Amicus curiae: The Lawrence M. Cohen Family Trust
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Ryan Patrick Davis d/b/a Hermosa Creek Grill
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Blanche L. Tune
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Westerly RV Park, LLC
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Brian D Leidal
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Eileen K. Leidal
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Antonio Bueso
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: James R. Buickerood
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Shirts and Hats LLC
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Mary Ellen Gann
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Chris Gann
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Larry E. Hansen and Donna L. Hansen Revocable Trust
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Laura Hawk
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Jeffery P Robbins
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Denise Sague Robbins
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Greg Wiley
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Ann Wiley
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Merrilee M Williams
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: EZG, LLC
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: The Acceptus Group, LLC
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Sabrina Streusand
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: William Streusand
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: John McLeod
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Joan McLeod
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Angela Minerich
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Steve Minerich
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Desert, Inc.
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Sheila G. McAllen Revocable Trust
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Michael Cobb
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Lisa Cobb
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: The Sanctuary at North Valley Property Owners Association, Inc.
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Engineer Mountain Land Co., LLC d/b/a Willow Tree Kennels
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Curtis Jackson
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: The Candace A. Richerson Revocable Trust UTD December 12, 2005
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Hermosa Vista Association
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Wayne Martinez
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: La Plata Estates Road Association, Inc.
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Karen Zempel
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Mark Zempel
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Roy Stockard
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Robyn Stockard
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Susan L. Fryback
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Debra Galbraith
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Mark Galbraith
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Brenda P Verner
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: David L Verner
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: The Douglas N. Matheson Separate Property Trust Dated May 8, 1992
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: David Steinbach
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Rebecca Steinbach
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Gail A Paulson-Hanson
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Marilee Jantzer-White
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Debra Ortega Traders, LLC
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: 8776.66, Inc.
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Fritz Bailey
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Rebecca Bailey
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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Amicus curiae: Kurt & Glen Corporation
Represented By: Robert (Bobby) C. Duthie, III
Represented By: Thomas Willard Henderson, IV
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