Fritz et al v. United States Environmental Protection Agency et al
| Jonathan Paul Fritz, Julia Helene Fritz, Michael Drew Elder, Dan Clegg, Laura Clegg and Rosalie M. Hill |
| United States Environmental Protection Agency, Colorado Department of Public Health and Environment, Butala Construction Company, Beazer East, Inc., High Country Bank, Collegiate Peaks Bank, Mortgage Electronic Registration Systems, Inc., Bank of America, N.A., Blue Federal Credit Union, Chafee County Public Trustee and Dee Dee Copper |
| Beazer East, Inc. |
| Butala Construction Company |
| Beazer East, Inc. |
| Dan Clegg, Laura Clegg, Michael Drew Elder, Jonathan Paul Fritz, Julia Helene Fritz and Rosalie M. Hill |
| 1:2026cv02005 |
| May 11, 2026 |
| U.S. District Court for the District of Colorado |
| N Reid Neureiter |
| Real Property: Other |
| 28 U.S.C. § 1442 - Notice of Removal -- Suit Against Federal Officer |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 6, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 44 REPLY to Response to #39 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant United States Environmental Protection Agency. (Kim, Joseph) |
| Filing 43 MOTION to Amend/Correct/Modify #1 Notice of Removal,,,,,,,,,,,, #7 Complaint,, by Plaintiffs Dan Clegg, Laura Clegg, Michael Drew Elder, Jonathan Paul Fritz, Julia Helene Fritz, Rosalie M. Hill. (Attachments: #1 Exhibit Ex. A to Motion - Amended Complaint, #2 Exhibit Ex. 1 to Ex. A - Consent Decree 2000, #3 Exhibit Ex. 2 to Ex. A - Declaration of Restrictive Covenants, #4 Exhibit Ex. 3 to Ex. A - Plat Vista Del Rio Subdivision, #5 Exhibit Ex. 4 to Ex. A - Vista Del Rio Subdivision Amended, #6 Exhibit Ex. 5 to Ex. A - Vista Del Rio Amended 2 Plat, #7 Exhibit Ex. 6 to Ex. A - Memorandum 8.26.24, #8 Exhibit Ex. 7 to Ex. A - Government Letter)(Evett, Alyson) |
| Filing 42 RESPONSE to #39 MOTION to Dismiss for Lack of Jurisdiction Attorney Alyson S. Evett added to party Dan Clegg(pty:pla), Attorney Alyson S. Evett added to party Laura Clegg(pty:pla), Attorney Alyson S. Evett added to party Michael Drew Elder(pty:pla), Attorney Alyson S. Evett added to party Jonathan Paul Fritz(pty:pla), Attorney Alyson S. Evett added to party Julia Helene Fritz(pty:pla), Attorney Alyson S. Evett added to party Rosalie M. Hill (pty:pla) filed by Plaintiffs Dan Clegg, Laura Clegg, Michael Drew Elder, Jonathan Paul Fritz, Julia Helene Fritz, Rosalie M. Hill. (Evett, Alyson) |
| Filing 41 ANSWER to #34 Answer to Complaint,, Crossclaim,, Counterclaim, by Butala Construction Company.(Anderson, Geoffrey) |
| Filing 40 ANSWER to #7 Complaint,, by Bank of America, N.A..(Berry, Alison) |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction by Defendant United States Environmental Protection Agency. (Kim, Joseph) |
Filing 38
ORDER by Magistrate Judge N. Reid Neureiter on 6/1/2026 GRANTING #37 Motion to Withdraw as Attorney. Attorney Thomas Alan Isler is given leave to withdraw as counsel for Defendant United States Environmental Protection Agency. Text Only Entry(nrnlc2, )
|
| Filing 37 MOTION to Withdraw as Attorney by Defendant United States Environmental Protection Agency. (Isler, Thomas) |
| Filing 36 NOTICE of Entry of Appearance by Joseph Hosu Kim on behalf of United States Environmental Protection AgencyAttorney Joseph Hosu Kim added to party United States Environmental Protection Agency(pty:dft) (Kim, Joseph) |
| Filing 35 NOTICE of Entry of Appearance by Matthew Allen Foster on behalf of Blue Federal Credit UnionAttorney Matthew Allen Foster added to party Blue Federal Credit Union(pty:dft) (Foster, Matthew) |
| Filing 34 ANSWER to #7 Complaint,, , CROSSCLAIM against Butala Construction Company, COUNTERCLAIM against All Plaintiffs by Beazer East, Inc.. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Consent Decree, #3 Exhibit C - Declaration)(Schindler, Michelle) |
| Filing 33 NOTICE of Entry of Appearance by Alison Lee Berry on behalf of Bank of America, N.A., Mortgage Electronic Registration Systems, Inc.Attorney Alison Lee Berry added to party Bank of America, N.A.(pty:dft), Attorney Alison Lee Berry added to party Mortgage Electronic Registration Systems, Inc.(pty:dft) (Berry, Alison) |
| Filing 32 NOTICE of Entry of Appearance by Marcus Lewis Gould on behalf of Beazer East, Inc.Attorney Marcus Lewis Gould added to party Beazer East, Inc.(pty:dft) (Gould, Marcus) |
| Filing 31 NOTICE of Entry of Appearance and Request for Notice by Kylie Brynn Lovell on behalf of Collegiate Peaks BankAttorney Kylie Brynn Lovell added to party Collegiate Peaks Bank(pty:dft) (Lovell, Kylie) |
| Filing 30 NOTICE of Entry of Appearance and Request for Notice by Matthew S. Rork on behalf of Collegiate Peaks BankAttorney Matthew S. Rork added to party Collegiate Peaks Bank(pty:dft) (Rork, Matthew) |
| Filing 29 NOTICE of Entry of Appearance by Michelle Kramer Schindler on behalf of Beazer East, Inc.Attorney Michelle Kramer Schindler added to party Beazer East, Inc.(pty:dft) (Schindler, Michelle) |
| Filing 28 NOTICE of Entry of Appearance by Lukas Bennett Staks on behalf of Colorado Department of Public Health and EnvironmentAttorney Lukas Bennett Staks added to party Colorado Department of Public Health and Environment(pty:dft) (Staks, Lukas) |
| Filing 27 NOTICE of Entry of Appearance by James Francis Fosnaught on behalf of Chafee County Public Trustee, Dee Dee CopperAttorney James Francis Fosnaught added to party Chafee County Public Trustee(pty:dft), Attorney James Francis Fosnaught added to party Dee Dee Copper(pty:dft) (Fosnaught, James) |
| Filing 26 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #25 Notice of Entry of Appearance filed by attorney Geoffrey P. Anderson. The s/signature did not match the filer 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) (eluce, ) |
| Filing 25 NOTICE of Entry of Appearance - Geoffrey P. Anderson by Joshua David McMahon on behalf of Butala Construction Company (McMahon, Joshua) |
| Filing 24 NOTICE of Entry of Appearance - Joshua D. McMahon by Joshua David McMahon on behalf of Butala Construction CompanyAttorney Joshua David McMahon added to party Butala Construction Company(pty:dft) (McMahon, Joshua) |
|
Filing 23
ORDER by Magistrate Judge N. Reid Neureiter on 5/13/2026 GRANTING #22 Motion for Extension of Time to Answer or Otherwise Respond re #7 Complaint. Defendant United States Environmental Protection Agency shall answer or otherwise respond on or before 6/1/2026. Text Only Entry(nrnlc2, )
|
| Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Complaint,, by Defendant United States Environmental Protection Agency. (Isler, Thomas) |
|
Filing 21
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM IT IS HEREBY ORDERED that counsel shall comply with the First and Final Notice to All Attorney(s) and Unrepresented Parties in Removed, Transferred or Other Cases (ECF No. 6 ) entered on May 11, 2026.IT IS FURTHER ORDERED that on or before July 15, 2026, the parties shall complete and file the Consent/Non-Consent Form (see ECF No. #20 ), indicating either unanimous consent of the parties or that consent has been declined. Please note that this date may be earlier than the default deadlines contemplated by D.C.COLO.LCivR 40.1(c)(4). IT IS FURTHER ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: July 29, 2026 at 9:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that Defendant United States Environmental Protection Agency shall notify the other parties of the date and time of the Scheduling/Planning Conference. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 05/12/2026. (jrobe, )
|
| Filing 20 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) |
| Filing 15 NOTICE of Entry of Appearance by John Clayborn Leininger on behalf of High Country BankAttorney John Clayborn Leininger added to party High Country Bank(pty:dft) (Leininger, John) |
| Filing 19 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (agarc, ) |
| Filing 18 Defendant High Country Bank's ANSWER to #7 Complaint, by High Country Bank.(agarc, ) |
| Filing 17 Defendant Chaffee County Public Trustee's ANSWER and Affirmative Defenses to #7 Complaint, by Chafee County Public Trustee.(agarc, ) |
| Filing 16 Defendant Collegiate Peaks Bank's ANSWER to #7 Complaint, by Collegiate Peaks Bank.(agarc, ) |
| Filing 14 ANSWER of Defendant Colorado Department of Public Health and Environment to #7 Complaint, by Colorado Department of Public Health and Environment.(agarc, ) |
| Filing 13 Defendant Butala Construction Co.'s ANSWER to #7 Complaint, by Butala Construction Company.(agarc, ) |
| Filing 12 Defendant's ANSWER to #7 Plaintiff's Complaint, by Blue Federal Credit Union.(agarc, ) |
| Filing 11 STATE COURT ORDER Granting Beazer East, Inc.'s Motion for Extension of Time to Respond to Complaint by Chaffee County Magistrate Joanne Morando on May 11, 2026. (agarc, ) |
| Filing 10 AFFIDAVIT of Service of Summons and Complaint upon Bank of America NA on 3/20/2026. (agarc, ) |
| Filing 9 AFFIDAVIT of Service of Summons and Complaint upon Beazer East, Inc on 4/10/2026. (agarc, ) |
| Filing 8 AFFIDAVIT of Service of Summons and Complaint upon Beazer East, Inc on 3/20/2026. (agarc, ) |
| Filing 7 COMPLAINT against Bank of America, N.A., Beazer East, Inc., Blue Federal Credit Union, Butala Construction Company, Chafee County Public Trustee, Collegiate Peaks Bank, Colorado Department of Public Health and Environment, Dee Dee Copper, High Country Bank, Mortgage Electronic Registration Systems, Inc., and United States Environmental Protection Agency, filed by Julia Helene Fritz, Jonathan Paul Fritz, Rosalie M. Hill, Laura Clegg, Michael Drew Elder, Dan Clegg. (Attachments: #1 Exhibit 1, #2 Exhibit 2-7)(agarc, ) |
| Filing 6 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) (agarc, ) |
| 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.) (agarc, ) |
| Filing 4 ERRATA re #1 Notice of Removal,,,,,,,,,,,, by Defendant United States Environmental Protection Agency. (Isler, Thomas) |
| Filing 3 NOTICE of State Court Docket by Defendant United States Environmental Protection Agency (Attachments: #1 Exhibit State Court Docket (2026CV30001, District Court, Chafee County, Colorado))(Isler, Thomas) |
| Filing 2 NOTICE of Removal Notice Provided To State Court Judge by Defendant United States Environmental Protection Agency (Attachments: #1 Exhibit 1, State Court Notice of Removal)(Isler, Thomas) |
| Filing 1 NOTICE OF REMOVAL by United States Environmental Protection Agency from District Court Chafee County, Colo., Case Number 2026CV30001., filed by United States Environmental Protection Agency. (Attachments: #1 Exhibit 1, State Court Complaint, #2 Exhibit 1a, State Court Complaint Exhibit 1, #3 Exhibit 1b, State Court Complaint Exhibits 2-7, #4 Exhibit 2, State Court Delay Reduction Order (dated January 21, 2026), #5 Exhibit 3, State Court Affidavit of Service (Beazer East, Inc.) (dated March 25, 2026), #6 Exhibit 4, State Court Affidavit of Service (Bank of America NA), #7 Exhibit 5, State Court Order granting Plaintiffs Motion for Extension of Time to File Returns of Service on all Defendants, #8 Exhibit 6, State Court Waiver of Service (Colorado Department of Public Health and Environment), #9 Exhibit 7, State Court Verified Proof of Service (Blue Federal Credit Union), #10 Exhibit 8, State Court Verified Proof of Service (Butala Construction, Inc.), #11 Exhibit 9, State Court Verified Proof of Service (Jolene Ellis, Treasure/Trustess for Chafee County), #12 Exhibit 10, State Court Verified Proof of Service (Collegiate Peaks Bank), #13 Exhibit 11, State Court Verified Proof of Service (High Country Bank), #14 Exhibit 12, State Court Affidavit of Service (Beazer East, Inc.) (dated April 14, 2026), #15 Exhibit 13, State Court Order granting Defendant Blue Federal Credit Unions Opposed Motion for Extension of Time to Respond to Plaintiffs Complaint, #16 Exhibit 14, State Court Answer (Chafee County Public Trustee), #17 Exhibit 15, State Court Delay Reduction Order (dated April 14, 2026), #18 Exhibit 16, State Court Answer (Collegiate Peaks Bank), #19 Exhibit 17, State Court Delay Reduction Order (dated April 16, 2026), #20 Exhibit 18, State Court Order granting Defendant Colorado Department of Public Health and Environments Motion for Extension of Time to Answer or Otherwise Respond to the Complaint, #21 Exhibit 19, State Court nswer (High Country Bank), #22 Exhibit 20, State Court Delay Reduction Order (dated April 30, 2026), #23 Exhibit 21, State Court Answer (Butala Construction Co.), #24 Exhibit 22, State Court Order granting Defendant Beazer East Inc.s Motion for Extension of Time to Answer or Otherwise Respond to Complaint, #25 Exhibit 23, State Court Order denying Defendant Beazer East Inc.s Motion to Quash Service of Process as Moot, #26 Exhibit 24, State Court Answer (Blue Federal Credit Union), #27 Exhibit 25, State Court Delay Reduction Order (May 6, 2026), #28 Exhibit 26, State Court Order granting Defendant Bank of America, N.A.s Unopposed Motion for Enlargement of Time to File a Responsive Pleading, #29 Exhibit 27, State Court Answer (Colorado Department of Public Health and Environment), #30 Exhibit 28, State Court Order Granting Beazer East Inc.s Motion for Extension of Time to Respond to Complaint, #31 Civil Cover Sheet with Attachment (Exhibit 29), #32 Supplemental Civil Cover Sheet (Exhibit 30))(Isler, Thomas) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
