Chaney v. Powdr - Copper Mountain LLC
| Gary Chaney |
| Powdr - Copper Mountain LLC |
| 1:2025cv01860 |
| June 13, 2025 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Timothy P O'Hara |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 26, 2025. A more recent docket listing may be available from PACER.
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Filing 38
ORDER: Pursuant to the notice of settlement, the Court Orders that either Dismissal Papers or a Status Report shall be due by 12/31/2025.By District Judge Gordon P. Gallagher on November 26, 2025. Text Only Entry. (gpglc3)
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| Filing 37 NOTICE of Settlement by Defendant Powdr - Copper Mountain LLC (Lockwood, Ellie) |
| Filing 36 REPLY to Response to #33 MOTION to Bifurcate Discovery filed by Defendant Powdr - Copper Mountain LLC. (Cutler, Cameron) |
| Filing 35 RESPONSE to #33 MOTION to Bifurcate Discovery filed by Plaintiff Gary Chaney. (Hennessy, Stephen) |
| Filing 34 MEMORANDUM regarding #33 MOTION to Bifurcate Discovery filed by Powdr - Copper Mountain LLC. Motion referred to Magistrate Judge Timothy P O'Hara by District Judge Gordon P Gallagher on 10/17/2025. Text Only Entry (dclem) |
| Filing 33 MOTION to Bifurcate Discovery by Defendant Powdr - Copper Mountain LLC. (Cutler, Cameron) |
| Filing 32 COURTROOM MINUTES for Scheduling Conference held on 10/3/2025 before Magistrate Judge Timothy P O'Hara. For the reasons stated on the record, it is ORDERED: On or before October 17, 2025, Defendant shall file a Motion to Bifurcate Discovery. Plaintiff's Response is due October 31, 2025. A reply brief, if any, is due November 7, 2025. Scheduling order is NOT entered. FTR: C402. (sjeff) |
| Filing 31 Proposed Scheduling Order by Defendant Powdr - Copper Mountain LLC. (Cutler, Cameron) |
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Filing 30
JOINT PROTECTIVE ORDER by Magistrate Judge Timothy P O'Hara on 9/26/2025. (amona,)
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Filing 29
MINUTE ORDER. For good cause shown, the Parties' Joint Motion for Entry of Joint Protective Order [ECF #26 ] is granted. The Court will enter the Parties' proposed Joint Protective Order separately. By Magistrate Judge Timothy P O'Hara on 9/26/2025. (amona,)
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Filing 28
MINUTE ORDER. Before this Court is the emailed request of Defendants out-of- state counsel to appear remotely at the Scheduling Conference on October 3, 2025 at 9:30 a.m. The request is granted. Noting that several counsel are out of state or outside the metropolitan Denver area, this Court extends the option to appear remotely to all counsel who will be participating in that proceeding. To connect to the courtroom remotely via video teleconference, counsel shall use the attached Cisco Meeting App Instructions. By Magistrate Judge Timothy P O'Hara on 9/25/2025. (amona,)
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Filing 27
MEMORANDUM regarding #26 Joint MOTION for Discovery - Entry of Joint Protective Order filed by Gary Chaney. Motion referred to Magistrate Judge Timothy P O'Hara by District Judge Gordon P Gallagher on 09/25/2025. Text Only Entry (dclem)
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| Filing 26 Joint MOTION for Discovery - Entry of Joint Protective Order by Plaintiff Gary Chaney. (Attachments: #1 Proposed Order (PDF Only) Joint Protective Order, Appendix A to D.C.COLO.MJ)(Hennessy, Stephen) |
| Filing 25 REPLY to Response to #13 MOTION to Dismiss Class Action Complaint filed by Defendant Powdr - Copper Mountain LLC. (Lockwood, Ellie) |
| Filing 24 ERRATA re #13 MOTION to Dismiss Class Action Complaint to Exhibit 5 of Morris Declaration by Defendant Powdr - Copper Mountain LLC. (Attachments: #1 Exhibit 5 - Purchase Terms & Conditions)(Lockwood, Ellie) |
| Filing 23 RESPONSE to #13 MOTION to Dismiss Class Action Complaint filed by Plaintiff Gary Chaney. (Attachments: #1 Appendix)(Hennessy, Stephen) |
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Filing 22
ORDER finding as moot #20 Motion for Extension of Time to File Response. Given the Court Order at D. 21, this request is now moot. By District Judge Gordon P. Gallagher on July 25, 2025. Text Only Entry. (gpglc3)
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Filing 21
MINUTE ORDER by District Judge Gordon P Gallagher on 7/25/2025. The Response at #19 is STRICKEN for failure to comply with the Court's page limitations. The filing party/parties of D. 19 have seven (7) days within which to file a Response that complies with the Courts page limits Text Only Entry. (sphil, )
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| Filing 20 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Class Action Complaint by Defendant Powdr - Copper Mountain LLC. (Lockwood, Ellie) |
| Filing 19 STRICKEN - RESPONSE to #13 MOTION to Dismiss Class Action Complaint filed by Plaintiff Gary Chaney. (Attachments: #1 Exhibit A - Declaration of Gary Chaney, #2 Exhibit B - HB 22-1071, #3 Exhibit C - Ikon Pass | Copper Mountain, #4 Exhibit D - Ikon Benefits | Copper Mountain)(Hennessy, Stephen) Modified on 7/25/2025 to strike per #22 Order. (sphil, ). |
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Filing 18
ORDER REFERRING CASE to the assigned United States Magistrate Judge Timothy P O'Hara. 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 D.C.COLO.LCivR 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By District Judge Gordon P Gallagher on 6/30/2025. (amona,)
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Filing 17
MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #16 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). By Magistrate Judge Timothy P O'Hara on 6/30/2025. (Case randomly reassigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings should be designated as 25-cv-01860-GPG) (amona,) Modified on 6/30/2025 to correct text (amona,).
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendant Powdr - Copper Mountain LLC All parties do not consent.. (Lockwood, Ellie) |
| Filing 15 NOTICE of Entry of Appearance by Cameron J. Cutler on behalf of Powdr - Copper Mountain LLCAttorney Cameron J. Cutler added to party Powdr - Copper Mountain LLC(pty:dft) (Cutler, Cameron) |
| Filing 14 NOTICE of Entry of Appearance by Matthew L. Lalli on behalf of Powdr - Copper Mountain LLCAttorney Matthew L. Lalli added to party Powdr - Copper Mountain LLC(pty:dft) (Lalli, Matthew) |
| Filing 13 MOTION to Dismiss Class Action Complaint by Defendant Powdr Copper Mountain, LLC. (Attachments: #1 Affidavit Declaration of M. Covey Morris in Support of Motion to Dismiss, #2 Exhibit 1 to Declaration - Customer Release, #3 Exhibit 2 to Declaration - Release of Liability, #4 Exhibit 3 to Declaration - Release of Liability, #5 Exhibit 4 to Declaration - Order Summary, #6 Exhibit 5 to Declaration - Purchase Terms-Conditions)(Lockwood, Ellie) |
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Filing 12
MINUTE ORDER. The above captioned case has been directly assigned to Magistrate Judge O'Hara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF #9 ] on or before September 19, 2025. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on October 3, 2025 at 9:30 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. It will be an in-person proceeding. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P O'Hara on 6/18/2025. (amona,)
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| Filing 11 NOTICE of Entry of Appearance by Stephen H. Hennessy on behalf of Gary ChaneyAttorney Stephen H. Hennessy added to party Gary Chaney(pty:pla) (Hennessy, Stephen) |
| Filing 10 NOTICE of Entry of Appearance by Mirko L. Kruse on behalf of Gary ChaneyAttorney Mirko L. Kruse added to party Gary Chaney(pty:pla) (Kruse, Mirko) |
| Filing 6 COMPLAINT against Powdr Copper Mountain, LLC, filed by Gary Chaney.(sadhi, ) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (sadhi, ) |
| Filing 8 STATE COURT ORDER GRANTING: Defendants Partially Unopposed Motion For Extension of Time to Answer or Otherwise Respond to Complaint. By Summit County District Court Judge. (sadhi, ) |
| Filing 7 RETURN of Service of DISTRICT COURT CIVIL SUMMONS; CLASS ACTION COMPLAINT; DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT upon Powdr Copper Mountain, LLC on 5/16/2025. (sadhi, ) |
| Filing 5 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (sadhi, ) |
| Filing 4 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (sadhi, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (sadhi, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Powdr Corp for Powdr Copper Mountain, LLC. (Lockwood, Ellie) |
| Filing 1 NOTICE OF REMOVAL by Powdr Copper Mountain, LLC from Summit County District Court, Case Number 2025CV30093. (Filing fee $ 405, Receipt Number BCODC-10392481), filed by Powdr Copper Mountain, LLC. (Attachments: #1 Exhibit A - State Court Docket, #2 Exhibit B - State Court Civil Cover Sheet, #3 Exhibit C - Complaint, #4 Exhibit D - Summons, #5 Exhibit E - Delay Reduction Order, #6 Exhibit F - Order for Discovery Protocol, #7 Exhibit G - Order re Duty to Confer, #8 Exhibit H - Return of Service, #9 Exhibit I - Partial Unopposed Motion for Extension, #10 Exhibit J - Order Granting Motion for Extension, #11 Exhibit K - Declaration, #12 Civil Cover Sheet)(Lockwood, Ellie) |
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| Plaintiff: Gary Chaney | |
| Represented By: | Stephen H. Hennessy |
| Represented By: | Mirko L. Kruse |
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| Defendant: Powdr - Copper Mountain LLC | |
| Represented By: | Ellie Lockwood |
| Represented By: | Matthew L. Lalli |
| Represented By: | Cameron J. Cutler |
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