ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 43 Brief, 42 Reply to Response to Motion filed by attorneyCharles Edward Elder.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. (Text Only Entry) (dkals, ) (Entered: 09/05/2018)
BRIEF Second Request for Judicial Notice in Support of Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint by Defendants Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Jeffrey C. Swoveland. (Attachments: # 1 Declaration of Charles Elder)(Elder, Charles) (Entered: 09/04/2018)
REPLY to Response to 39 MOTION to Dismiss Second Amended Complaint filed by Defendants Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Jeffrey C. Swoveland. (Elder, Charles) (Entered: 09/04/2018)
BRIEF in Opposition to 39 MOTION to Dismiss Second Amended Complaint filed by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Ronald Glickman. (Attachments: # 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT)(Foley, Thomas) (Entered: 08/21/2018)
BRIEF Request for Judicial Notice in Support of Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint by Defendants Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Jeffrey C. Swoveland. (Attachments: # 1 Declaration of Darwin L. Stump, # 2 Declaration of Charles Elder)(Elder, Charles) (Entered: 07/31/2018)
MOTION to Dismiss Second Amended Complaint by Defendants Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Jeffrey C. Swoveland. (Elder, Charles) (Entered: 07/31/2018)
AMENDED COMPLAINT SECOND against Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Rockies Region 2006 LP, Rockies Region 2007 LP, Jeffrey C. Swoveland, filed by Michael A. Gaffey, Robert R. Dufresne, Jeffrey Schulein. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, Part 1, # 5 Exhibit D, Part 2, # 6 Exhibit D, Part 3, # 7 Exhibit D, Part 4, # 8 Exhibit D, Part 5, # 9 Exhibit E, Part 1, # 10 Exhibit E, Part 2, # 11 Exhibit E, Part 3, # 12 Exhibit E, Part 4, # 13 Exhibit E, Part 5, # 14 Exhibit F, # 15 Exhibit G, # 16 Exhibit H, # 17 Exhibit I, # 18 Exhibit J, # 19 Exhibit K, # 20 Exhibit L, # 21 Exhibit M, # 22 Exhibit N, # 23 Exhibit O, # 24 Exhibit P, # 25 Exhibit Q, # 26 Exhibit R, # 27 Exhibit S, # 28 Exhibit T, # 29 Exhibit U)(Foley, Thomas) (Entered: 07/10/2018)
NOTICE of Filing Amended Pleading Second Amended Complaint by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Jeffrey Schulein (Foley, Thomas) (Entered: 07/10/2018)
STIPULATION for Filing of Verified Second Amended Complaint by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Jeffrey Schulein. (Foley, Thomas) (Entered: 07/06/2018)
STIPULATION for Extension of Time to File Opposition to Defendants' Motion to Dismiss by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Ronald Glickman, William McDonald. (Foley, Thomas) (Entered: 06/29/2018)
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 29 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by attorneyCharles Edward Elder.The s/signature did not match the filers 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) (dkals, ) (Entered: 06/12/2018)
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 28 Notice of Entry of Appearance, 30 Brief, filed by attorneyMichael David Harbour.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. (Text Only Entry) (dkals, ) (Entered: 06/12/2018)
DECLARATION of Darwin L. Stump regarding Brief, 30 by Defendants Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Jeffrey C. Swoveland. (Attachments: # 1 Exhibit A)(Harbour, Michael) (Entered: 06/11/2018)
BRIEF Request for Judicial Notice in Support of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint by Defendants Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Jeffrey C. Swoveland. (Harbour, Michael) (Entered: 06/11/2018)
MOTION to Dismiss Plaintiffs' First Amended Complaint by Defendants Bart R. Brookman, Jr, Anthony J. Crisafio, Lance A. Lauck, PDC Energy, Inc., David C. Parke, Jeffrey C. Swoveland. (Harbour, Michael) (Entered: 06/11/2018)
NOTICE of Entry of Appearance by Michael David Harbour on behalf of PDC Energy, Inc.Attorney Michael David Harbour added to party PDC Energy, Inc.(pty:dft) (Harbour, Michael) (Entered: 06/11/2018)
NOTICE of Filing Amended Pleading Complaint by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Ronald Glickman, Jeffrey Schulein (Attachments: # 1 Stipulation for Filing Amended Complaint)(Foley, Thomas) (Entered: 04/26/2018)
TRANSCRIPT of Scheduling Conference held on March 15, 2018 before Judge Jackson. Pages: 1-37. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) (Entered: 03/27/2018)
ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a two to three week Jury Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on July 22, 2019 at 9:00 a.m. A Trial Preparation Conference is set for July 11, 2019 at 9:00 a.m. Please refer to the order for details. By Judge R. Brooke Jackson on 3/19/18. (rbjsec. ) (Entered: 03/19/2018)
COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Scheduling Conference held on 3/15/2018. Discovery due by 3/29/2019, Dispositive Motions due by 4/26/2019. Two week Jury Trial set to commence 7/22/2019 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 7/11/2019 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 03/15/2018)
ORDER denying 12 Motion to Dismiss Complaint. Denied without prejudice as moot. Plaintiffs have improperly included a motion to amend in their response to the motion, contrary to D.C.COLO.LCivR 7.1(b). Because counsel is from out of state, and apparently is not yet familiar with this district's local rules, the Court will waive the requirement this time. The Court grants leave to amend. The Court adds the following comments. With respect to the procedural defense raised by the defendants, it strikes the Court as meritless. It is evident that PDC is not going to champion the bringing of a derivative case essentially against itself, and in any event, it has had ample time and opportunity to bring such a claim if it wished to. Accordingly, the Court is highly unlikely to grant a motion to dismiss on the procedural ground and directs counsel to consider that carefully when deciding whether to repeat the same motion. As for the individual defendants, plaintiffs should seriously consider whether and on what grounds they have a good faith basis for including them in an amended complaint. I express no opinion on the merits of such claims at this time. Plaintiffs' surreply would not have been considered in any event. The Court does not intend for this case to get bogged down in unnecessary motion practice. By Judge R. Brooke Jackson on 3/14/18. Text Only Entry (rbjsec. ) (Entered: 03/14/2018)
SURREPLY re 12 MOTION to Dismiss Complaint filed by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Ronald Glickman, Jeffrey Schulein. (Foley, Thomas) Modified on 3/14/2018 to correct event (dkals, ). (Entered: 03/12/2018)
Proposed Scheduling Order by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Ronald Glickman, Jeffrey Schulein. (Foley, Thomas) (Entered: 03/09/2018)
REPLY to Response to 12 MOTION to Dismiss Complaint Attorney Charles Edward Elder added to party Bart R. Brookman, Jr(pty:dft), Attorney Charles Edward Elder added to party Lance A. Lauck(pty:dft), Attorney Charles Edward Elder added to party Rockies Region 2006 LP(pty:dft), Attorney Charles Edward Elder added to party Rockies Region 2007 LP(pty:dft) filed by Defendants Bart R. Brookman, Jr, Lance A. Lauck, PDC Energy, Inc., Rockies Region 2006 LP, Rockies Region 2007 LP. (Elder, Charles) (Entered: 03/08/2018)
RESPONSE to 12 MOTION to Dismiss Complaint filed by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Ronald Glickman, Jeffrey Schulein. (Attachments: # 1 Exhibit Request for Judicial Notice, # 2 Exhibit A - Schulein First Amended Complaint, # 3 Exhibit B - Schulein PDC Motion for Summary Judgment, # 4 Exhibit C - Schulein Opposition to PDCs Motion for Summary Judgment, # 5 Exhibit D - Rodenfels Complaint, # 6 Exhibit E - Rodenfels Motion for Partial Summary Judgment, # 7 Exhibit F - Rodenfels PDCs Opposition to Plaintiffs Motion for Partial Summary Judgment, # 8 Exhibit G - Rodenfels Reply in Support of Plaintiffs Motion for Partial Summary Judgment, # 9 Exhibit H - Schulein Declaration of Charles E. Elder, # 10 Exhibit I - Form of Limited Partnership Agreement of PDC 2004-D Limited Partnership, # 11 Exhibit J - Rockies Region Private Limited Partnership Confidential Private Placement Memorandum, Part 1, # 12 Exhibit J - Rockies Region Private Limited Partnership Confidential Private Placement Memorandum, Part 2, # 13 Exhibit J - Rockies Region Private Limited Partnership Confidential Private Placement Memorandum, Part 3)(Foley, Thomas) (Entered: 02/22/2018)
MINUTE ORDER : A Scheduling Conference is set for 3/15/2018 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 2/6/18. Text Only Entry (rbjsec. ) (Entered: 02/06/2018)
ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. In light of the decline of consent to a magistrate judge by one or more of the parties in this case and its reassignment to this Court, the Scheduling Conference set February 21, 2018 before Magistrate Judge Kristen L. Mix is VACATED. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1. By Judge R. Brooke Jackson on 1/19/18. (rbjsec.) (Entered: 01/19/2018)
CASE REASSIGNED pursuant to 9 Memorandum Returning Case. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 17-cv-03079-RBJ. (Text Only Entry) (rebsec) (Entered: 01/17/2018)
CASE REASSIGNED pursuant to 7 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 17-cv-03079-REB. (Text Only Entry) (jgonz, ) (Entered: 01/17/2018)
MINUTE ORDER re: 6 Consent to Jurisdiction of Magistrate Judge filed by Robert R. Dufresne, Michael A. Gaffey, Jeffrey Schulein, Ronald Glickman. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 1/16/2018. (jgonz, ) (Entered: 01/17/2018)
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Robert R. Dufresne, Michael A. Gaffey, Ronald Glickman, Jeffrey Schulein All parties do not consent.. (Foley, Thomas) (Entered: 01/15/2018)
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 1/11/18. Scheduling Conference set for 2/21/2018 9:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (lgale, ) (Entered: 01/11/2018)
STIPULATION for Extension of Time to Answer or Respond to the Complaint and Accept Service by Defendants Bart R. Brookman, Jr, Lance A. Lauck, PDC Energy, Inc., Rockies Region 2006 LP, Rockies Region 2007 LP. All Defendants. (Foley, Thomas) (Entered: 01/05/2018)