Colorado Motor Carriers Association v. Town of Vail et al
| COLORADO MOTOR CARRIERS ASSOCIATION |
| Town of Vail and Police Chief Ryan Kenney |
| 1:2023cv02752 |
| October 20, 2023 |
| US District Court for the District of Colorado |
| Charlotte N Sweeney |
| Scott T Varholak |
| Other Statutory Actions |
| 49 U.S.C. § 14501 - Preemption (Federal Authority of Intrastate Transportation) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 30
ORDER granting in part #13 Motion for Preliminary Injunction. By Judge Charlotte N. Sweeney on 12/15/23.(jdyne)
|
|
Filing 29
ORDER granting the parties' #27 Joint Motion to Vacate and Reset Scheduling Conference. For good cause shown, the Scheduling Conference set for 12/20/2023 is VACATED and RESET for 1/9/2024 at 11:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties' joint proposed scheduling order is now due 1/2/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/12/2023. Text Only Entry(stvlc5, )
|
|
Filing 28
MEMORANDUM regarding #27 Joint Motion to Vacate #5 Order and Reset Scheduling Conference. Motion #27 is referred to Magistrate Judge Scott T. Varholak, by Judge Charlotte N. Sweeney on 12/12/2023. Text Only Entry (cnsja. )
|
|
Filing 27
Joint MOTION to Vacate #5 Order, and ReSet Scheduling Conference by Defendants Police Chief Ryan Kenney, Town of Vail. (Goldfarb, David)
|
|
Filing 26
TRANSCRIPT of Preliminary Injunction - Day 2 held on November 15, 2023 before Judge Sweeney. Pages: 1-90. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, )
|
|
Filing 25
Exhibit List (Third Amended List of Joint Exhibits) by Plaintiff Colorado Motor Carriers Association. (Smedstad, Adam)
|
|
Filing 24
MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Preliminary Injunction Hearing held on 11/15/2023. #13 Plaintiff's Motion for Preliminary Injunction is TAKEN UNDER ADVISEMENT, written order to issue. Court Reporter: Sarah Mitchell. (jdyne)
|
|
Filing 23
Exhibit List (Second Amended Final List of Joint Exhibits) by Defendants Police Chief Ryan Kenney, Town of Vail. (Goldfarb, David)
|
|
Filing 22
Exhibit List (Amended Final List of Joint Exhibits) by Plaintiff Colorado Motor Carriers Association. (Smedstad, Adam)
|
|
Filing 21
TRANSCRIPT of Preliminary Injunction held on November 9, 2023 before Judge Sweeney. Pages: 1-140. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, )
|
|
Filing 20
Partial TRANSCRIPT of Preliminary Injunction - Testimony of Ryan Kenney held on November 9, 2023 before Judge Sweeney. Pages: 1-82. 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's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, )
|
|
Filing 19
MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Preliminary Injunction Hearing held on 11/9/2023. Evidence and testimony presented, hearing continued to 11/15/2023 at 9:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. Court Reporter: Sarah Mitchell. (jdyne)
|
|
Filing 18
Exhibit List Joint Final - Related to #16 Order for Hearing on the Motion for Preliminary Injunction by Defendants Police Chief Ryan Kenney, Town of Vail. (Berg, Justin)
|
|
Filing 17
REPLY to Response to #13 MOTION for Preliminary Injunction filed by Plaintiff Colorado Motor Carriers Association. (Attachments: #1 Exhibit A-Memo to Town Council from Police Chief Ryan Kenney dated July 28, 2022, #2 Exhibit B-Memo to Town Council from Finance Department dated January 17, 2023, #3 Exhibit C-E-Vail Courier Pilot Program Aims to Improve Loading and Delivery Operations in Vail Village Date 8.26.21, #4 Exhibit D-PD to Host Informational Meetings to Introduce E-Vail Courier Pilot Program to Improve Loading and Delivery Operations in Vail Village 10.6.21, #5 Exhibit E-E-Vail Courier Pilot Program Launches Nov. 12 Dated 11.09.21, #6 Exhibit F-Town Council to Review Recommendations for Full Implementation of E-Vail Courier Program to Permanently Improve Loading and Delivery Operations in Vail Village 7.15.22, #7 Exhibit G-Town Council to Consider Ordinance for Full Implementation of E-Vail Courier Program to Permanently Improve Loading and Delivery Operations in Vail Village 7.28.22)(Smedstad, Adam)
|
|
Filing 16
ORDER granting in part and denying in part #11 Motion for Temporary Restraining Order. A Hearing on the Motion for Preliminary Injunction (ECF No. #13 ) is set for 11/9/2023 at 9:00 am in Courtroom A 702 before Judge Charlotte N. Sweeney. By Judge Charlotte N. Sweeney on 10/31/2023.(cnsja. )
|
|
Filing 15
RESPONSE to #13 MOTION for Preliminary Injunction , #11 MOTION for Temporary Restraining Order filed by Defendants Police Chief Ryan Kenney, Town of Vail. (Attachments: #1 Exhibit A - Photo HVCCs Clogging Village Street, #2 Exhibit B - 1977 Resolution 17, #3 Exhibit C - 1978 Resolution 2, #4 Exhibit D - 1988 Resolution 10, #5 Exhibit E - 4-02-21 Memo to Town Manager from Commander Kenney, #6 Exhibit F - Kenney Declaration, #7 Exhibit G - 8-16-22 Ordinance 15 Series 2022, #8 Exhibit H - 7-25-23 Memo to Town Council from Chief Kenney, #9 Exhibit I - 10-03-23 Ordinance 18 Series 2023, #10 Exhibit J - Business Owner Letter 2023, #11 Exhibit K - Vail Village L&D Map, #12 Exhibit L - Lionshead L&D Map)(Goldfarb, David)
|
|
Filing 14
BRIEF in Support of #13 MOTION for Preliminary Injunction filed by Plaintiff Colorado Motor Carriers Association. (Attachments: #1 Affidavit of Michael Yadon, #2 Affidavit of Gregory D. Fulton, #3 Affidavit of Dillon Kruzner, #4 Affidavit of Ryan Pelkey, #5 Affidavit of Ryan Flynn)(Smedstad, Adam)
|
|
Filing 13
MOTION for Preliminary Injunction by Plaintiff Colorado Motor Carriers Association. (Attachments: #1 Proposed Order (PDF Only))(Smedstad, Adam)
|
|
Filing 12
BRIEF in Support of #11 MOTION for Temporary Restraining Order filed by Plaintiff Colorado Motor Carriers Association. (Attachments: #1 Affidavit of Michael Yadon, #2 Affidavit of Gregory D. Fulton, #3 Affidavit of Dillon Kruzner, #4 Affidavit of Ryan Pelkey, #5 Affidavit of Ryan Flynn)(Smedstad, Adam)
|
|
Filing 11
MOTION for Temporary Restraining Order by Plaintiff Colorado Motor Carriers Association. (Attachments: #1 Proposed Order (PDF Only))(Smedstad, Adam)
|
|
Filing 10
NOTICE of Entry of Appearance by Sterling J. LeBoeuf on behalf of Colorado Motor Carriers AssociationAttorney Sterling J. LeBoeuf added to party Colorado Motor Carriers Association(pty:pla) (LeBoeuf, Sterling)
|
|
Filing 9
NOTICE of Entry of Appearance by Shannon McClellan Cohen on behalf of Colorado Motor Carriers AssociationAttorney Shannon McClellan Cohen added to party Colorado Motor Carriers Association(pty:pla) (Cohen, Shannon)
|
|
Filing 8
NOTICE of Entry of Appearance by James Anthony Eckhart on behalf of Colorado Motor Carriers AssociationAttorney James Anthony Eckhart added to party Colorado Motor Carriers Association(pty:pla) (Eckhart, James)
|
|
Filing 7
NOTICE of Entry of Appearance by David James Goldfarb on behalf of Police Chief Ryan Kenney, Town of VailAttorney David James Goldfarb added to party Police Chief Ryan Kenney(pty:dft), Attorney David James Goldfarb added to party Town of Vail(pty:dft) (Goldfarb, David)
|
|
Filing 6
NOTICE of Entry of Appearance by Josh Adam Marks on behalf of Police Chief Ryan Kenney, Town of VailAttorney Josh Adam Marks added to party Police Chief Ryan Kenney(pty:dft), Attorney Josh Adam Marks added to party Town of Vail(pty:dft) (Marks, Josh)
|
|
Filing 5
ORDER Setting Scheduling Conference. Joint Proposed Scheduling Order due 12/13/2023. Scheduling Conference set for 12/20/2023 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 10/23/2023. (schap, )
|
|
Filing 4
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. By Judge Charlotte N. Sweeney on 10/23/23. Text Only Entry (jdyne)
|
|
Filing 3
SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (ccuen, )
|
|
Filing 2
Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (ccuen, )
|
|
Filing 1
COMPLAINT (Verified) for Declaratory and Injunctive Relief against COLORADO MOTOR CARRIERS ASSOCIATION (Filing fee $ 402,Receipt Number ACODC-9354855)Attorney Adam C. Smedstad added to party COLORADO MOTOR CARRIERS ASSOCIATION(pty:pla), filed by COLORADO MOTOR CARRIERS ASSOCIATION. (Attachments: #1 Exhibit 1 - Vail Village and Lionshead Loading & Delivery, #2 Exhibit 2 - Original Ordinance, #3 Exhibit 3 - Amended Ordinance, #4 Exhibit 4 - American Ski Exchange Email, #5 Exhibit 5 - Troy's Ski Shop Email., #6 Exhibit 6 - CMCA Letter to Vail Town Manager Russell Forrest 9.28.23, #7 Exhibit 7 - Vail Response to CMCA Letter, #8 Civil Cover Sheet, #9 Summons To Town of Vail, #10 Summons To Chief Ryan Kenney)(Smedstad, Adam)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
