Colorado Motor Carriers Association v. Town of Vail et al
Plaintiff: COLORADO MOTOR CARRIERS ASSOCIATION
Defendant: Town of Vail and Police Chief Ryan Kenney
Case Number: 1:2023cv02752
Filed: October 20, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Charlotte N Sweeney
Referring Judge: Scott T Varholak
Nature of Suit: Other Statutory Actions
Cause of Action: 49 U.S.C. ยง 14501 - Preemption (Federal Authority of Intrastate Transportation)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2023 Opinion or Order Filing 30 ORDER granting in part #13 Motion for Preliminary Injunction. By Judge Charlotte N. Sweeney on 12/15/23.(jdyne)
December 12, 2023 Opinion or Order 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, )
December 12, 2023 Opinion or Order 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. )
December 12, 2023 Opinion or Order Filing 27 Joint MOTION to Vacate #5 Order, and ReSet Scheduling Conference by Defendants Police Chief Ryan Kenney, Town of Vail. (Goldfarb, David)
November 18, 2023 Opinion or Order 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, )
November 16, 2023 Opinion or Order Filing 25 Exhibit List (Third Amended List of Joint Exhibits) by Plaintiff Colorado Motor Carriers Association. (Smedstad, Adam)
November 15, 2023 Opinion or Order 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)
November 14, 2023 Opinion or Order Filing 23 Exhibit List (Second Amended Final List of Joint Exhibits) by Defendants Police Chief Ryan Kenney, Town of Vail. (Goldfarb, David)
November 14, 2023 Opinion or Order Filing 22 Exhibit List (Amended Final List of Joint Exhibits) by Plaintiff Colorado Motor Carriers Association. (Smedstad, Adam)
November 13, 2023 Opinion or Order 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, )
November 11, 2023 Opinion or Order 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, )
November 9, 2023 Opinion or Order 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)
November 8, 2023 Opinion or Order 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)
November 7, 2023 Opinion or Order 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)
October 31, 2023 Opinion or Order 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. )
October 30, 2023 Opinion or Order 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)
October 27, 2023 Opinion or Order 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)
October 27, 2023 Opinion or Order Filing 13 MOTION for Preliminary Injunction by Plaintiff Colorado Motor Carriers Association. (Attachments: #1 Proposed Order (PDF Only))(Smedstad, Adam)
October 27, 2023 Opinion or Order 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)
October 27, 2023 Opinion or Order Filing 11 MOTION for Temporary Restraining Order by Plaintiff Colorado Motor Carriers Association. (Attachments: #1 Proposed Order (PDF Only))(Smedstad, Adam)
October 27, 2023 Opinion or Order 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)
October 27, 2023 Opinion or Order 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)
October 27, 2023 Opinion or Order 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)
October 27, 2023 Opinion or Order 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)
October 27, 2023 Opinion or Order 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)
October 23, 2023 Opinion or Order 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, )
October 23, 2023 Opinion or Order 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)
October 23, 2023 Opinion or Order Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (ccuen, )
October 20, 2023 Opinion or Order Filing 2 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (ccuen, )
October 20, 2023 Opinion or Order 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)

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Plaintiff: COLORADO MOTOR CARRIERS ASSOCIATION
Represented By: Adam C. Smedstad
Represented By: James Anthony Eckhart
Represented By: Shannon McClellan Cohen
Represented By: Sterling J. LeBoeuf
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Defendant: Town of Vail
Represented By: David James Goldfarb
Represented By: Josh Adam Marks
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Defendant: Police Chief Ryan Kenney
Represented By: David James Goldfarb
Represented By: Josh Adam Marks
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