ORDER DENYING PLAINTIFF'S MOTION TO REMAND ROBERT E. BLACKBURN , District Judge . The matter before me is Plaintiff's Opposed Motion To Remand [#11], 1 filed February 14, 2020. I putatively have jurisdiction over this case pursuant to 28 U.S.C. 1332 (diversity of citizenship). Having considered carefully, the motion, the record, and the apposite law, I deny the motion. Plaintiff, Eduardo Estrada, and his late wife originally filed this negligence and vicarious liability action...
ORDER MICHAEL E. HEGARTY , Magistrate Judge . Defendants have filed a Partial Motion to Dismiss. ECF 22. They argue that Count II of the Amended Complaint should be dismissed under Fed.. R. Civ. P. 12(b)(6), because under Colorado law, Plaintiff may not assert the tort of breach of the duty of good faith and fair dealing when a contract is terminated pursuant to a provision that permits such termination without cause. Plaintiff concedes that the Amended Complaint does not plausibly state a...
ORDER REVERSING DENIAL OF SUPPLEMENTAL SECURITY INCOME CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on review of the Social Security Commissioner's decision denying Plaintiff Ann Marie Gould's 1 application for supplemental security income ("SSI"). Jurisdiction is proper under 42 U.S.C. 405(g). For the following reasons, the Court reverses the decision of the Commissioner. I. BACKGROUND On February 26, 2016, Ms. Gould filed an application for SSI,...
ORDER AFFIRMING AND ADOPTING THE JANUARY 7, 2020 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court upon the January 7, 2020 Recommendation (Doc. # 50) of United States Magistrate Judge Scott T. Varholak, wherein he recommends that this Court deny Defendant BMW of North America, LLC's Motion to Dismiss for Failure to State a Claim or, in the Alternative, for Severance of Misjoined Claims (Doc. # 26). Defendant filed an...
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION PHILIP A. BRIMMER , Chief District Judge . This matter is before the Court on the Recommendation of United States Magistrate Judge S. Kato Crews ("the recommendation") filed on February 11, 2020 [Docket No. 71]. Magistrate Judge Crews recommends that the Court grant in part and deny in part plaintiff's Motion for Leave to Submit Amended Complaint [Docket No. 50] (the "motion to amend") and deny as moot Defendants' Motion to Dismiss [Docket...
ORDER ON MOTION FOR REINSTATEMENT R. BROOKE JACKSON , District Judge . On December 20, 2019 a jury found that the University of Colorado retaliated against Dr. Gonzales for engaging in protected activity under Title VII and awarded him $500,000 in economic damages and $180,000 in non-economic damages. ECF No. 70 (jury verdict, redacted). On January 21, 2020 Dr. Gonzales moved for reinstatement and other equitable relief. Defendant opposes the motion. For the reasons provided in this order,...
RECOMENDATION REGARDING DEFENDANT'S MOTION TO DISMISS INDICTMENT (ECF #107) GORDON P. GALLAGHER , Magistrate Judge . This matter comes before the Court on a motion to dismiss indictment filed by Defendant (ECF # 107) 1 and the Government's response (ECF# 112). The case has been referred to this Magistrate Judge and falls under the Western Slope/Grand Junction Protocol which allows me to address dispositive motions on recommendation (ECF #49) 2 as the parties have unanimously consented to...
ORDER PHILIP A. BRIMMER , Chief District Judge . This matter is before the Court on the Motion for Attorneys Fees Pursuant to 28 U.S.C. 1927 [Docket No. 147] filed by defendants Town of Mountain Village, Colorado (the "Town"), Chris Broady ("Broady"), Nathan Santos ("Santos"), and Kip Albanese ("Albanese") (together, the "Town defendants"), Defendant Brian Y. Carlson's Motion for Attorney Fees Pursuant to 28 U.S.C. 1927 [Docket No. 150], and Plaintiff Julie Carlson's Motion for New...
ORDER DENYING MOTION FOR SANCTIONS UNDER 28 U.S.C. 1927 CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on Plaintiff Live Face on Web, LLC's Motion for Sanctions under 28 U.S.C. 1927 (Doc. # 332). Pursuant to that statute, Plaintiff seeks to hold Defendant Integrity Solutions Group, Inc.'s counsel ("Integrity Counsel") personally liable for Plaintiff's award of reasonable attorneys' fees, costs, and expenses. Although Integrity held unreasonable positions and...
ORDER PHILIP A. BRIMMER , Chief United States District Judge . This matter is before the Court on the Federal Defendants' Motion to Dismiss the Complaint and Memorandum in Support Thereof [Docket No. 20] and Plaintiffs' Motion for Leave to Conduct Limited Discovery Regarding Administrative Record and Jurisdiction [Docket No. 22]. I. BACKGROUND The Wilderness Act, 16 U.S.C. 1131 et seq., governs wilderness areas included in the National Wilderness Preservation System. 1 The...
MEMORANDUM OPINION AND ORDER NINA Y. WANG , Magistrate Judge . This civil action arises under Title II of the Social Security Act ("Act"), 42 U.S.C. 401-33, for review of the Commissioner of the Social Security Administration's ("Commissioner" or "Defendant") final decision denying Todd R. Sewell's ("Plaintiff" or "Mr. Sewell") application for Disability Insurance Benefits ("DIB"). Pursuant to the Parties' consent [#13, dated April 24, 2019] 1 and the Order of Reassignment dated July...
ORDER R. Brooke Jackson , United States District Judge . This lawsuit arises out of plaintiff's efforts to prevent hydraulic fracturing or "fracking" from occurring in their residential neighborhood. Plaintiff Wildgrass Oil and Gas Committee ("Wildgrass") was formed by the Wildgrass Homeowners' Association of the Wildgrass residential subdivision in Broomfield, Colorado to assist Wildgrass homeowners in advocating against local fracking projects. Plaintiff also seeks to challenge "forced...
ORDER ON DEFENDANTS' MOTION TO STRIKE RAYMOND P. MOORE , District Judge . This matter is before the Court on Defendants' Motion to Strike Plaintiffs' Post-Judgment Motion for Enhanced Damages Pursuant to 35 U.S.C. 284 and Motion for Exceptional Case (the "Motion to Strike") (ECF No. 275) arguing that both of Plaintiffs' post-judgment motions (ECF Nos. 267 & 268) are untimely. Plaintiffs have filed a response, to which Defendants have filed a reply. The Motion to Strike is ripe for...
ORDER ON DEFENDANTS' MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO FED. R. CIV. P. 60(b) RAYMOND P. MOORE , District Judge . This matter is before the Court on Defendants' Motion for Relief from Judgment Pursuant to Fed. R. Civ. P. 60(b) (the "Motion") (ECF No. 266). Plaintiffs filed a response, to which Defendants have filed a reply. Upon consideration of the Motion and associated briefings, relevant parts of the court record, and the applicable law, and being otherwise fully advised, the...
ORDER ON DEFENDANTS' MOTION FOR NEW TRIAL PURSUANT TO FED. R. CIV. P 59 RAYMOND P. MOORE , District Judge . This matter is before the Court on Defendants' Motion for New Trial Pursuant to Fed. R. Civ. P. 59 (the "Motion") (ECF No. 265). Plaintiffs have filed a response, to which Defendants have filed a reply. Upon consideration of the Motion and related filings, relevant parts of the court record, and the applicable law, and being otherwise fully advised, the Court finds and orders as...
ORDER ON "DEFENDANTS' RENEWED FED. R. CIV. P. 50 MOTION FOR JUDGMENT AS A MATTER OF LAW OR IN THE ALTERNATIVE NEW TRIAL" RAYMOND P. MOORE , District Judge . This matter is before the Court on Defendants' Renewed Fed. R. Civ. P. 50 Motion for Judgment as a Matter of Law or in the Alternative New Trial (the "Motion") (ECF No. 264). Plaintiffs filed a response, to which Defendants have filed a reply. With the Court's leave, Plaintiff filed a surreply. Upon consideration of the Motion and...
ORDER DENYING APPLICATION FOR WRIT OF HABEAS CORPUS CHRISTINE M. ARGUELLO , District Judge . Applicant, Joshua E. Wingfield, has filed pro se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (Doc. # 1) challenging the validity of his criminal convictions in the District Court of Arapahoe County, Colorado. Having considered the Respondents' Answer (Doc. # 52), Mr. Wingfield's Reply (Doc. # 63), and the state court record, the Court denies the Application. I....
ORDER MICHAEL E. HEGARTY , Magistrate Judge . Defendant seeks dismissal of the Plaintiff's employment discrimination claims for Plaintiff's purported failure to file a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") within the statutory time period. Plaintiff counters that she, in fact, filed a charge of discrimination within the required 300 days. For the reasons that follow, the Court will deny the Defendant's motion. STATEMENT OF FACTS The following...
ORDER MICHAEL E. HEGARTY , Magistrate Judge . Before the Court is Defendant Alexander Andrews & Associates, LLC's Motion to Dismiss with Prejudice. ECF 34. For the reasons that follow, the motion is granted in part and Plaintiff's claims are dismissed without prejudice. BACKGROUND Plaintiff initiated this lawsuit on March 22, 2019, and filed its First Amended Complaint and Jury Demand on September 10, 2019. ECF 33. Plaintiff alleges that Defendants defrauded it of $2 million....
ORDER VACATING DECISION OF ADMINISTRATIVE LAW JUDGE WILLIAM J. MART NEZ , District Judge . This matter is before the Court on review of the Commissioner of the Social Security Administration Andrew M. Saul's (the "Commissioner") decision denying Plaintiff Eva Guadalupe Khaling's application for disability insurance benefits. Plaintiff filed an Opening Brief on August 2, 2019 (ECF No. 17), and the Commissioner filed a Response on August 23, 2019. For the reasons that follow, the...
