LITIGATION UPDATES
Bookmark this page for important updates from the Court regarding our pending litigation against the Town of Breckenridge. Here, you’ll find the complete case history and updates as they are filed with the Court.
Links provided below will redirect you to filings made with the Court on the Court’s website.
Case Information:
Colorado District Court
Judge: Nina Y Wang and Magistrate: N. Reid Neureiter
Case Number: 1:23-CV-03171
| Date Filed | Filing Details |
| February 6, 2024 | Filing 23 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES :re:22 Reply to Response to Motion filed by attorney Geoffrey Charles Klingsporn. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix a complete address bock with up-to-date contact information to all future documents.(Text Only Entry) (norlin, ) |
| February 5, 2024 | Filing 22 REPLY to Response to #11 MOTION to Dismiss for Failure to State a Claim filed by Defendant Town of Breckenridge, Colorado. (Kingsporn, Geoffrey) |
| January 22, 2024 | Filing 21 RESPONSE to #11 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Colorado Property Owners for Property Rights. (May, Jordan) |
| January 18, 2024 | Filing 20 MINUTE ORDER: Plaintiff’s #19 Response to Defendant’s Motion to Dismiss is STRICKEN for failure to comply with the undersigned’s Civil Practice Standards, which state that “all motions, objections, responses, and concomitant briefs shall not exceed fifteen (15) pages.” NYW Civ. Practice Standard 10.1(c). Plaintiff may file a compliant Response on or before 1/22/2024. By Judge Nina Y. Wang on 01/18/2024. Text Only Entry (nywlc2, ) |
| January 17, 2024 | Filing 19 STRICKEN – RESPONSE to #11 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Colorado Property Owners for Property Rights. (May, Jordan) Modified on 1/19/2024 to reflect 20 Minute Order (norlin, ). |
| January 2, 2024 | Filing 18 MINUTE ORDER granting #16 Unopposed Motion for Extension of Time to Respond to Defendant’s Motion to Dismiss. Plaintiff shall respond to Defendant’s Motion to Dismiss on or before January 17, 2024. By Magistrate Judge N. Reid Neureiter on 1/2/2024.(schap, ) |
| January 2, 2024 | Filing 17 MEMORANDUM regarding #16 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Failure to State a Claim filed by Colorado Property Owners for Property Rights. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Nina Y. Wang on 01/02/2024. Text Only Entry (nywlc2, ) |
| January 2, 2024 | Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Failure to State a Claim by Plaintiff Colorado Property Owners for Property Rights. (Attachments: #1 Proposed Order (PDF Only) Proposed Order regarding Plaintiff’s Motion for Extension of Time to Respond to Defendant’s Motion to Dismiss)(Horace, Ryan) |
| December 15, 2023 | Filing 15 NOTICE of Entry of Appearance by Timothy J. Knapp on behalf of Colorado Property Owners for Property RightsAttorney Timothy J. Knapp added to party Colorado Property Owners for Property Rights(pty:pla) (Knapp, Timothy) |
| December 14, 2023 | Filing 14 NOTICE of Entry of Appearance by Jordan C. May on behalf of All Plaintiffs Attorney Jordan C. May added to party Colorado Property Owners for Property Rights(pty:pla) (May, Jordan) |
| December 14, 2023 | Filing 13 NOTICE of Entry of Appearance by Ryan Prescott Horace on behalf of All Plaintiffs Attorney Ryan Prescott Horace added to party Colorado Property Owners for Property Rights(pty:pla) (Horace, Ryan) |
| December 14, 2023 | Filing 12 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #11 MOTION to Dismiss for Failure to State a Claim filed by attorney Geoffrey C. Klingsporn. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix a complete and up-to-date address block to all future documents.(Text Only Entry) (norlin, ) |
| December 13, 2023 | Filing 11 MOTION to Dismiss for Failure to State a Claim by Defendant Town of Breckenridge, Colorado. (Attachments: #1 Exhibit 1 – Ordinance 29, #2 Exhibit 2 – Ordinance 28)(Klingsporn, Geoffrey) |
| December 4, 2023 | Filing 10 ORDER SETTING SCHEDULING/PLANNING CONFERENCE IT IS HEREBY ORDERED that the Clerk of the Court shall mail a copy of this Order to Plaintiff’s counsel, Ryan P. Horace and Jordan C. May, Frascona Joiner Goodman & Greenstein PC, 4750 Table Mesa Drive, Boulder, CO 80305, and Timothy J. Knapp, Knapp & Associates, P.C., 11747 W. 54th Pl., Arvada, CO 80002. Counsel shall comply with the First and Final Notice to All Attorney(s) and Unrepresented Parties in Removed, Transferred or Other Cases (Dkt. # 3 ) entered on November 30, 2023. A Scheduling/Planning Conference pursuant to Fed. R. Civ. P. 16(b) shall be held on: March 6, 2024 at 10:30 a.m. in Courtroom C-203, Second Floor, Byron G. Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado 80294. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a motion is filed no less than FIVE (5) business days in advance of the date of appearance. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 12/4/2023. [order mailed as directed] (norlin, ) |
| December 1, 2023 | Filing 9 ORDER REFERRING CASE: This case is referred to Magistrate Judge N. Reid Neureiter 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 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at his discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned’s Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 12/01/2023. Text Only Entry (nywlc2, ) |
| November 30, 2023 | Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| November 30, 2023 | Filing 7 STATE COURT ORDER Granting re Proposed Order re Defendant’s Unopposed Motion For Extension Of Time To Respond To Plaintiff’s Complaint. By Karen Ann Romeo, District Court Judge, Summit County, on 11/21/2023. (tgall, ) |
| November 30, 2023 | Filing 6 AFFIDAVIT of Service of Complaint, Civil Cover Sheet, and Summons upon Town of Breckenridge, Colorado on 11/01/2023. (tgall, ) |
| November 30, 2023 | Filing 5 COMPLAINT against Town of Breckenridge, Colorado, filed by Colorado Property Owners for Property Rights.(tgall, ) |
| November 30, 2023 | Filing 4 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (tgall, ) |
| November 30, 2023 | 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). (tgall, ) |
| November 30, 2023 | Filing 2 NOTICE of Compliance with D.C.COLO.LCivR 81.1(B) by Defendant TOWN OF BRECKENRIDGE, COLORADO, a home rule municipal corporation (Attachments: #1 Exhibit A – Current Docket Sheet – State Court Action)(Marks, Josh) |
| November 30, 2023 | Filing 1 NOTICE OF REMOVAL by TOWN OF BRECKENRIDGE, COLORADO, a home rule municipal corporation from Summit County District Court, Case Number 2023CV30135. (Filing fee $ 402, Receipt Number ACODC-9420224), filed by TOWN OF BRECKENRIDGE, COLORADO, a home rule municipal corporation. (Attachments: #1 Exhibit A-1 – Complaint, #2 Exhibit A-2 – District Court Civil Cover Sheet, #3 Exhibit A-3 – District Court Civil Summons, #4 Exhibit B – Delay Reduction and E-Filing Order, #5 Exhibit C – Order for Discovery Protocol, #6 Exhibit D – Order re Rule 121 Duty to Confer, #7 Exhibit E – Affidavit of Service, #8 Exhibit F – Order of Recusal and Request for Reassignment, #9 Exhibit G – Order Assigning Judge After Recusal, #10 Exhibit H – Defendant’s Unopposed Motion for Extension of Time to Respond to Plaintiff’s Complaint, #11 Exhibit I – Order Granting Defendant’s Unopposed Motion for Extension of Time to Respond to Plaintiff’s Complaint-to 12-13-23, #12 Exhibit J – Notice of Filing Petition for Removal, #13 Civil Cover Sheet Civil Case Cover Sheet)(Marks, Josh) |
