ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PHILIP A. BRIMMER, District Judge. This matter is before the Court on the parties' cross-motions for partial summary judgment regarding defendants' laches defense. Docket Nos. 172, 180. The motions are fully briefed and ripe for disposition. 1 Pursuant to 28 U.S.C. 1338(a), the Court has original jurisdiction over this action, which arises under the U.S. Patent Act, 35...
ORDER DENYING MOTION TO DISMISS IN PART AND FOR SCHEDULING CONFERENCE KANE, J. These consolidated putative consumer class actions are before me on a comprehensive Motion to Dismiss filed by Defendant The Western Union Company ("Western Union"). The Motion (Doc. 25) applies to Plaintiffs' claims in both of these consolidated actions, and subsumes the original Motion to Dismiss (Doc. 16), filed in 09-cv-938 alone. Upon consideration of Western Union's Motion and in keeping with my Preliminary...
MEMORANDUM OPINION AND ORDER KANE, Senior District Judge. The Navajo Nation comprises over 27,000 square miles in the four corners region of the southwestern United States. Born of a history of strife and conflict between American settlers and members of the Navajo Tribe, 1 the reservation is located within the ancestral homeland of the Navajo (or Din , the Navajo word for "people")— the area bounded by Blanca Peak to the northeast, Mount Taylor to the southeast, the San Francisco Peaks to...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND FINDING ALL OTHER MOTIONS MOOT MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court on Defendant Darryl R. Profitt's Motion for Summary Judgment (# 68), Plaintiff Hazhar A. Sayed's response (# 75), Mr. Profitt's reply (# 77), and Mr. Sayed's surreply (# 88). 1 Having considered the same, 2 the Court FINDS and CONCLUDES as follows. I. Jurisdiction The Court exercises subject matter jurisdiction pursuant to...
ORDER ON PENDING MOTIONS MILLER, District Judge. This case is before me on the Objections (ECF Nos. 80 and 113) to orders entered by Magistrate Judge Michael J. Watanabe, the Motion for Summary Judgment (ECF No. 197) filed by the City and County of Denver and the individual Defendants in their official capacities 1 ("Denver"), the Motion for Summary Judgment (ECF No. 198) filed by the individual Defendants in their individual capacities, the Motion to Strike (ECF No. 224) filed by Plaintiffs,...
ORDER GRANTING SUMMARY JUDGMENT DISMISSING ALL CLAIMS RICHARD P. MATSCH, Senior District Judge. On January 9, 2008, at a public hearing the Board of Commissioners of Pitkin County, Colorado ("BOCC") adopted Resolution # 005-208, a copy of which is attached as Exhibit A. That resolution reversed the BOCC's previous denial of the application of Grace Church of the Roaring Fork Valley, Inc. ("Church") for a special review use of its property at the intersection of Emma Road and Sopris Creek Road...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT MILLER, Senior District Judge. This case is before me on the Motion for Summary Judgment (ECF No. 10) filed by Defendants Stacey Moore, Caleb Moore, and Jeremy Vialpando (the "Moore/Vialpando Defendants"), and on the Motion for Partial Summary Judgment (ECF No. 22) filed by Plaintiff Government Employees Insurance Company ("GEICO"). These parties oppose the other's motions; however, Defendants David L. Brown and Amanda L. Brown (the "Insureds") have not...
ORDER ON RENEWED MOTION FOR SUMMARY JUDGMENT MILLER, Senior District Judge. This matter is before me on the Renewed Motion for Summary Judgment on ADEA Claim (Docket No. 362), filed by Defendants El Paso Corporation and El Paso Pension Plan (collectively "El Paso"). Plaintiffs oppose the motion. Upon review of the parties' filings and supplemental authority, I conclude oral argument is not required. For the reasons that follow, the motion for summary judgment will be granted and judgment...
ORDER REMANDING CASE CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on Plaintiff's Motion to Remand and for Costs and Attorney Fees (Doc. # 10). For the following reasons, the Court remands the case to state court but denies fees and costs. I. BACKGROUND Plaintiff-Memorial Health System is a healthcare provider. Defendant Aetna Health, Inc. is a healthcare insurer. On March 1, 2005, Plaintiff entered into an agreement (the "Agreement" or "Hospital Agreement") with...
ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT MILLER, Senior District Judge. This case is before me on the Motion for Summary Judgment on Plaintiff's Third Through Sixth Claims for Relief (ECF No. 208) filed by Defendants Wyco Equities, Inc. ("Wyco") and Floyd Legerski ("Legerski"), collectively "Seller Defendants." Plaintiff Bayview Loan Servicing, LLC ("Bayview") opposes the motion. I have reviewed the parties' written arguments and the evidence submitted with their briefs. For the reasons...
ORDER ON PARTIAL MOTION TO DISMISS MILLER, Senior District Judge. This matter is before me on the Partial Motion to Dismiss Plaintiff's Wage Claim Act and Contract Claims Based on Commission and Separation Pay Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket No. 8) filed by Defendant International Business Machines Corporation ("IBM"). Plaintiff opposes the motion. Pursuant to the parties' stipulation, Plaintiff's only other claim, for bonus payments, has been dismissed. ECF No....
ORDER KANE, Senior District Judge. After a series of Colorado Election Rule amendments and changes resulted in a stipulated dismissal of three of Plaintiffs' five federal challenges to Colorado's voter registration laws and list maintenance practices, 1 this case is before me on cross-motions for summary judgment on Plaintiffs' sole remaining claim. A request for interim (preliminary injunctive) relief filed by Plaintiffs was denied in a written Order on October 18, 2010. Common Cause of...
ORDER BOYD N. BOLAND, United States Magistrate Judge. This matter arises on Plaintiff's Second Motion to Compel Investigative Documents [Doc. #125, filed 7/27/2010] (the "Second Motion to Compel"). The Second Motion to Compel is GRANTED IN PART and DENIED IN PART. I. This is a negligence case against Dr. Rick Bayles, Ph.D., CNIM, in which the plaintiff alleges that Dr. Bayles breached the standard of care in connection with his responsibilities to monitor and report the plaintiff's...
ORDER WILEY Y. DANIEL, Chief Judge. THIS MATTER is before the Court on Defendants' Motion to Dismiss. Defendants move, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss Plaintiff's claims asserted under federal law for unlawful taking, deprivation of procedural due process and deprivation of substantive due process. If these claims are dismissed, Defendants also ask the Court to decline to retain supplemental jurisdiction over the remaining state law claims and dismiss them without prejudice....
CORRECTED 1 OPINION AND ORDER GRANTING MOTION TO DISMISS MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court pursuant to Defendant Denman Investment Corporation, Inc.'s ("Denman") Motion to Dismiss or to Stay (# 11), the Plaintiff's response (# 22), and Denman's reply (# 27). FACTS The operative facts for purposes of the instant motion are undisputed. The Plaintiff is the named representative of a class that holds a judgment 2 of almost $2 billion against former...
OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court pursuant to the Defendant's Motion for Summary Judgment (# 57, as amended # 82), the Plaintiff's response (# 72), and the Defendant's reply (# 81). FACTS It has been somewhat difficult for the Court to discern the operative facts in this matter. The Complaint (# 1) is entirely conclusory, asserting no specific facts underlying the claims herein. The...
MEMORANDUM OPINION AND ORDER KANE, District Judge. Plaintiffs, DISH Network Corporation and DISH Network LLC (formerly known as EchoStar Communications Corporation and EchoStar Satellite LLC; collectively "DISH") have filed suit against Arch Speciality Insurance Company ("Arch"), Arrowood Indemnity Company ("Arrowood"), Travelers Indemnity Company ("Travelers"), XL Insurance America ("XL"), and National Union Fire Insurance Company ("National Union") (collectively "Defendant Insurers")...
OPINION AND ORDER GRANTING, IN PART, MOTIONS TO DISMISS MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court pursuant to the Defendants' Motion for Judgment on the Pleadings (# 46), the Plaintiff's response (# 54), and the Defendants' reply (# 63); and the Defendants' Motion to Dismiss the First Amended Complaint (# 67), the Plaintiff's response (# 72), and the Defendants' reply (# 78). FACTS The operative pleading in this action is the Plaintiff's Amended...
ORDER WILEY Y. DANIEL, Chief Judge. I. INTRODUCTION THIS MATTER comes before the Court on an appeal by Appellant Douglas Bailey ("Appellant") arising out of the chapter 11 bankruptcy case of Ricky Donovan Van Vleet ("Debtor"), d/b/a First Financial Centre, Inc. 1 Throughout the course of the bankruptcy proceedings, Appellant has appealed more than eleven orders of the United States Bankruptcy Court for the District of Colorado ("Bankruptcy Court"). Here, Appellant appeals from the...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court on a number of motions. These are: the pro se Plaintiff's "Motion to Alter Judgment" (# 102), which the Court construes as Objections under Fed.R.Civ.P. 72(a) to a portion of an oral order entered by the Magistrate Judge (# 100) on November 5, 2009 compelling Ms. Felix to respond to certain interrogatories, the Defendant's response (# 107), and Ms....
