City and County of Denver, Acting by and Through Its Board of Water Commissioners v. Boulder County, Acting by and Through Its Board of County Commissioners et al
| City and County of Denver, Acting by and through its board of Water Commissioners, a municipal corporation of the State of Colorado and City and County of Denver, Acting By and Through its Board of Water Commissioners |
| Boulder County, Acting by and through its Board of County Commissioners, a body corporate and politic of the State of Colorado, Matt Jones, Claire Levy, Marta Loachamin and Boulder County, Acting By and Through its Board of County Commissioners |
| The Environmental Group and Save the Colorado |
| 1:2021cv01907 |
| July 14, 2021 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 TRANSCRIPT of Telephone Status Conference held on September 8, 2021 before Judge Jackson. Pages: 1-33. 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. (smitc, ) |
| Filing 44 MOTION to Dismiss for Failure to State a Claim by Intervenor Defendants Save the Colorado, The Environmental Group. (Eubanks, William) |
| Filing 43 NOTICE of Entry of Appearance by Colin James Mayberry on behalf of Boulder County, Acting By and Through its Board of County Commissioners, Matt Jones, Claire Levy, Marta LoachaminAttorney Colin James Mayberry added to party Boulder County, Acting By and Through its Board of County Commissioners(pty:dft), Attorney Colin James Mayberry added to party Matt Jones(pty:dft), Attorney Colin James Mayberry added to party Claire Levy(pty:dft), Attorney Colin James Mayberry added to party Marta Loachamin(pty:dft) (Mayberry, Colin) |
| Filing 42 RESPONSE to #18 MOTION to Dismiss filed by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners. (Attachments: #1 Exhibit 1 - Excerpts from Denver Water's Opening Submission, #2 Exhibit 2 - October 12, 2018 Letter to Boulder's Director of Land Use, #3 Exhibit 3 - October 22, 2018 Decision of Director of Land Use, #4 Exhibit 4 - Denver Water's Appeal of Director's Decision, #5 Exhibit 5 - Excerpt from BOCC Hearing Transcript)(Berman, Amanda) |
| Filing 41 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Status Conference held on 9/8/2021. Oral Argument set for 11/4/2021 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (jdyne, ) |
| Filing 40 NOTICE of Entry of Appearance by Matthew Ryan Arnold on behalf of Save the Colorado, The Environmental GroupAttorney Matthew Ryan Arnold added to party Save the Colorado(pty:intvd), Attorney Matthew Ryan Arnold added to party The Environmental Group(pty:intvd) (Arnold, Matthew) |
Filing 39
MINUTE ORDER: A Telephonic Status Conference is set for 9/8/2021 at 9:00 AM before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 9/2/2021. Text Only Entry (rbjsec.)
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Filing 38
MINUTE ORDER: The Court is available to hold a one-hour Status Conference on 9/7/2021 at 3:00 p.m. or 9/8/2021 at 9:00 a.m. The Court requests that counsel confer and then notify the Court at jackson_chambers@cod.uscourts.gov of your selection. By Judge R. Brooke Jackson on 9/2/2021. Text Only Entry (rbjsec.)
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Filing 37
ORDER granting in part and denying in part #32 MOTION for Extension of Time to File Response/Reply as to #27 MOTION for Summary Judgment. See order at ECF No. 36. By Judge R. Brooke Jackson on 9/2/2021. Text Only Entry(rbjsec.)
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Filing 36
ORDER granting in part and denying in part #31 MOTION to Stay re 27 MOTION for Summary Judgment EXPEDITED MOTION TO HOLD IN ABEYANCE ALL SUMMARY JUDGMENT PROCEEDINGS PENDING RESOLUTION OF MOTIONS TO DISMISS. The Court stays this action until it can convene a status conference with counsel on a date and time to be determined between September 7 and 9, 2021. By Judge R. Brooke Jackson on 9/2/2021. Text Only Entry(rbjsec. )
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Filing 35
ORDER striking #27 MOTION for Summary Judgment by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners. By Judge R. Brooke Jackson on 9/2/2021. Text Only Entry(rbjsec.)
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Filing 34
ORDER denying #26 MOTION for Leave to File Excess Pages in Summary Judgment Motion. By Judge R. Brooke Jackson on 9/2/2021. Text Only Entry(rbjsec.)
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| Filing 33 RESPONSE to #26 MOTION for Leave to File Excess Pages in Summary Judgment Motion filed by Defendants Boulder County, Acting By and Through its Board of County Commissioners, Matt Jones, Claire Levy, Marta Loachamin. (Hughes, David) |
| Filing 32 MOTION for Extension of Time to File Response/Reply as to #27 MOTION for Summary Judgment by Defendants Boulder County, Acting By and Through its Board of County Commissioners, Matt Jones, Claire Levy, Marta Loachamin. (Hughes, David) |
| Filing 31 MOTION to Stay re #27 MOTION for Summary Judgment EXPEDITED MOTION TO HOLD IN ABEYANCE ALL SUMMARY JUDGMENT PROCEEDINGS PENDING RESOLUTION OF MOTIONS TO DISMISS by Intervenor Defendants Save the Colorado, The Environmental Group. (Eubanks, William) |
| Filing 30 RESPONSE to #26 MOTION for Leave to File Excess Pages in Summary Judgment Motion Opposing the Relief Requested at this Time filed by Intervenor Defendants Save the Colorado, The Environmental Group. (Eubanks, William) |
| Filing 29 CASE REASSIGNED pursuant to #28 Minute Order. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 21-cv-01907-RBJ. (Text Only Entry). (alave, ) |
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Filing 28
MINUTE ORDER re: #24 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge, filed by City and County of Denver, Acting By and Through its Board of Water Commissioners, Save the Colorado, The Environmental Group. IT IS HEREBY ORDERED that this case shall be assigned to a District Judgeunder D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 08/31/2021. (alave, )
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| Filing 27 STRICKEN - MOTION for Summary Judgment by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners. (Berman, Amanda) Modified on 9/3/2021 to strike pursuant to 35 Order (athom, ). |
| Filing 26 MOTION for Leave to File Excess Pages in Summary Judgment Motion by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners. (Berman, Amanda) |
| Filing 25 NOTICE Supplemental Notice of Related Actions by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners (Berman, Amanda) |
| Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners, Intervenor Defendants Save the Colorado, The Environmental Group All parties do not consent.. (Berman, Amanda) |
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Filing 23
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 08/26/2021. IT IS HEREBY ORDERED that the Unopposed Motion to Intervene and for Leave to File a Rule 12(b)(1) Motion to Dismiss #21 is GRANTED. IT IS FURTHER ORDERED that the Proposed Intervenors may file a motion to dismiss within fourteen days of this Minute Order, or by 09/09/2021.IT IS FURTHER ORDERED that the Unopposed Motion for Extension of Time to Respond to Defendants and Proposed Intervenors Motions to Dismiss #22 is GRANTED. Plaintiff may file a consolidated response to the Defendants Motion to Dismiss #18 and to the anticipated motion to dismiss by Proposed Intervenors, which response shall be filed within 21 days after the Proposed Intervenors motion is filed.(alave, )
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss filed by Defendant and Motion to Dismiss by Proposed Intervenor by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners. (Berman, Amanda) |
| Filing 21 Unopposed MOTION to Intervene by Intervenor Defendants The Environmental Group, Save the Colorado. (Attachments: #1 Exhibit A - Declaration of Beverly Kurtz, #2 Exhibit B - Declaration of Gary Wockner)(Eubanks, William) |
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Filing 20
ORDER. The Motion to Stay #19 is GRANTED. All case management deadlines are STAYED pending resolution of the Motion to Dismiss #18 . The Scheduling Conference set for September 22, 2021, at 10:00 a.m. is VACATED, to be reset at a later date if appropriate, by Magistrate Judge Kristen L. Mix on 8/20/2021.(angar, )
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| Filing 19 Unopposed MOTION to Stay re #16 Scheduling Order, Consent Motion to Hold Scheduling Conference and Case Management Deadlines in Abeyance by Plaintiff City and County of Denver, Acting By and Through its Board of Water Commissioners. (Berman, Amanda) |
| Filing 18 MOTION to Dismiss by Defendants Boulder County, Acting By and Through its Board of County Commissioners, Matt Jones, Claire Levy, Marta Loachamin. (Attachments: #1 Exhibit Ex. 1 - 2019-04-11 State Court Complaint, #2 Exhibit Ex. 2 - 2019-12-27 Ruling and Order, #3 Exhibit Ex. 3 - 2020-02-07 Notice of Appeal, #4 Exhibit Ex. 4 - 2020-08-10 Mandate)(Hughes, David) |
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Filing 17
Pre-Scheduling Conference ORDER, by Magistrate Judge Kristen L. Mix on 8/9/2021. (angar, )
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Filing 16
ORDER Setting Scheduling/Planning Conference set for 9/22/2021 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Proposed Scheduling Order due 9/15/2021, by Magistrate Judge Kristen L. Mix on 08/05/2021. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (alave, )
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| Filing 15 NOTICE of Entry of Appearance by David Evan Hughes on behalf of Boulder County, Acting By and Through its Board of County Commissioners, Matt Jones, Claire Levy, Marta LoachaminAttorney David Evan Hughes added to party Boulder County, Acting By and Through its Board of County Commissioners(pty:dft), Attorney David Evan Hughes added to party Matt Jones(pty:dft), Attorney David Evan Hughes added to party Claire Levy(pty:dft), Attorney David Evan Hughes added to party Marta Loachamin(pty:dft) (Hughes, David) |
| Filing 14 SUMMONS Returned Executed by City and County of Denver, Acting By and Through its Board of Water Commissioners. Marta Loachamin served on 7/20/2021, answer due 8/10/2021. (Berman, Amanda) |
| Filing 13 SUMMONS Returned Executed by City and County of Denver, Acting By and Through its Board of Water Commissioners. Claire Levy served on 7/20/2021, answer due 8/10/2021. (Berman, Amanda) |
| Filing 12 SUMMONS Returned Executed by City and County of Denver, Acting By and Through its Board of Water Commissioners. Matt Jones served on 7/20/2021, answer due 8/10/2021. (Berman, Amanda) |
| Filing 11 SUMMONS Returned Executed by City and County of Denver, Acting By and Through its Board of Water Commissioners. Boulder County, Acting By and Through its Board of County Commissioners served on 7/20/2021, answer due 8/10/2021. (Berman, Amanda) |
| Filing 10 NOTICE of Entry of Appearance by Jessica Brody on behalf of City and County of Denver, Acting By and Through its Board of Water CommissionersAttorney Jessica Brody added to party City and County of Denver, Acting By and Through its Board of Water Commissioners(pty:pla) (Brody, Jessica) |
| Filing 9 NOTICE of Entry of Appearance by Nicholas A. DiMascio on behalf of City and County of Denver, Acting By and Through its Board of Water CommissionersAttorney Nicholas A. DiMascio added to party City and County of Denver, Acting By and Through its Board of Water Commissioners(pty:pla) (DiMascio, Nicholas) |
| Filing 8 NOTICE of Entry of Appearance by Elizabeth B. Dawson on behalf of City and County of Denver, Acting By and Through its Board of Water CommissionersAttorney Elizabeth B. Dawson added to party City and County of Denver, Acting By and Through its Board of Water Commissioners(pty:pla) (Dawson, Elizabeth) |
| Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 6 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, ) |
| Filing 5 Filing fee received: $ 402.00, receipt number COX099719. (jsalz, ) |
| Filing 4 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (jsalz, ) |
| Filing 3 NOTICE of Related Actions by Plaintiff City and County of Denver, Acting by and through its board of Water Commissioners, a municipal corporation of the State of Colorado (Berman, Amanda) |
| Filing 2 SUMMONS REQUEST as to Boulder County; Matt Jones; Claire Levy; and Marta Loachamin by Plaintiff City and County of Denver, Acting by and through its board of Water Commissioners, a municipal corporation of the State of Colorado. (Berman, Amanda) |
| Filing 1 COMPLAINT against City and County of Denver, Acting by and through its board of Water Commissioners, a municipal corporation of the State of Colorado (Filing fee $ 402).Attorney Amanda S. Berman added to party City and County of Denver, Acting by and through its board of Water Commissioners, a municipal corporation of the State of Colorado(pty:pla), filed by City and County of Denver, Acting by and through its board of Water Commissioners, a municipal corporation of the State of Colorado. (Attachments: #1 Declaration of Nicholas A. DiMascio, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F.1, #8 Exhibit F.2, #9 Exhibit F.3, #10 Exhibit F.4, #11 Exhibit F.5, #12 Exhibit F.6, #13 Exhibit F.7, #14 Exhibit F.8, #15 Exhibit G, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J, #19 Exhibit K, #20 Civil Cover Sheet)(Berman, Amanda) |
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| Search for this case: City and County of Denver, Acting by and Through Its Board of Water Commissioners v. Boulder County, Acting by and Through Its Board of County Commissioners et al | |
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| Plaintiff: City and County of Denver, Acting by and through its board of Water Commissioners, a municipal corporation of the State of Colorado | |
| Represented By: | Amanda S. Berman |
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| Plaintiff: City and County of Denver, Acting By and Through its Board of Water Commissioners | |
| Represented By: | Elizabeth B. Dawson |
| Represented By: | Jessica Brody |
| Represented By: | Nicholas A. DiMascio |
| Represented By: | Amanda S. Berman |
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| Defendant: Boulder County, Acting by and through its Board of County Commissioners, a body corporate and politic of the State of Colorado | |
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| Defendant: Matt Jones | |
| Represented By: | Colin James Mayberry |
| Represented By: | David Evan Hughes |
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| Defendant: Claire Levy | |
| Represented By: | Colin James Mayberry |
| Represented By: | David Evan Hughes |
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| Defendant: Marta Loachamin | |
| Represented By: | Colin James Mayberry |
| Represented By: | David Evan Hughes |
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| Defendant: Boulder County, Acting By and Through its Board of County Commissioners | |
| Represented By: | Colin James Mayberry |
| Represented By: | David Evan Hughes |
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| Intervenor defendant: The Environmental Group | |
| Represented By: | Matthew Ryan Arnold |
| Represented By: | William Stewart Eubanks, II |
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| Intervenor defendant: Save the Colorado | |
| Represented By: | Matthew Ryan Arnold |
| Represented By: | William Stewart Eubanks, II |
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