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Citation: 30 F. Supp. 2d 1292 | Docket No.: 1:97-cv-2087
Status: Published | Citing: 78
Summary: 30 F. Supp. 2d 1292 (1998) Matthew L. SEIDL, Plaintiff and Counterclaim Defendant, v. GREENTREE MORTGAGE COMPANY, Defendant and Counterclaim Plaintiff, v. Shirley Sostre, Counterclaim Defendant, and Mark Van Keuren, individually and d/b/a Modern Computing Concepts, Third Party Defendant. ORDER CONSTRUING COUNTERCLAIM DEFENDANT SHIRLEY SOSTRE'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS MOTION FOR SUMMARY JUDGMENT AND GRANTING MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART SEIDL'S MOTION FO......read more.


Citation: 769 F. Supp. 1172 | Docket No.: 90-C-307
Status: Published | Cited By: 1 Primary Sources | Citing: 4
Summary: 769 F. Supp. 1172 (1991) Jay VANDERLOOP, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. Plaintiff Jay Vanderloop, a Colorado resident, commenced this negligence and bad faith action against the defendant Progressive Casualty Insurance Company (Progressive), an Ohio corporation. Plaintiff commenced this action on January 31, 1990, asserting that Progressive's bad faith in failing to settle the state court action exposed him to an excess liability judgment. Plaintiff counters tha......read more.


Citation: 727 F. Supp. 2d 1065 | Docket No.: Civil Action No. 08-cv-00566-WDM-KLM
Status: Published | Citing: 12
Summary: 727 F. Supp. 2d 1065 (2010) BAYVIEW LOAN SERVICING, LLC, a Delaware limited liability company, Plaintiff, v. David J. BOLAND, et al., Defendants. 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." As I set forth in my Order (ECF No. 185) on the previously-filed Seller Defendants' Motion to Dismiss, Defendant ......read more.


Citation: 536 F. Supp. 604 | Docket No.: Civ. A. No. 81-K-1614
Status: Published | Citing: 12
Summary: 536 F. Supp. See, e.g., Martin v. Detroit Marine Terminals, Inc., 189 F. Supp.


Citation: 690 F. Supp. 2d 1179 | Docket No.: Civil Case No. 07-cv-00081-REB-CBS
Status: Published | Cited By: 2 Primary Sources | Citing: 1
Summary: 690 F. Supp. Having reviewed the briefs, it appears that the only substantive difference of opinion between the parties regarding the form of judgment is whether Erica Hoffman's non-economic damages may be increased above the statutory cap on such awards to an amount more than defendant's pro rata share of liability. In General Electric Co. v. Niemet, 866 P.2d 1361 (Colo.1994), the Colorado Supreme Court considered the intersection between Colorado's pro rata liability statute, § 13-21-111.5, C.......read more.


Citation: 577 F. Supp. 1506 | Docket No.: Civ. A. No. 83-K-1916
Status: Published | Cited By: 2 Primary Sources | Citing: 32
Summary: 577 F. Supp. I. FIRST CLAIM FOR RELIEF: 42 U.S.C. § 1983 Plaintiff has asserted a cause of action under 42 U.S.C. § 1983 against Dr. Glismann on the grounds that his equal protection and due process rights were violated because Dr. Glismann's custody evaluation was biased in favor of his ex-wife: It is this right to equal consideration and due process of law that plaintiff claims was violated by the prejudiced evaluation and decision of defendant under color of state law in this case. 2d 142 (19......read more.


Citation: 117 B.R. 588 | Docket No.: Civ. A. No. 89-K-676, Bankruptcy No. 86-B-8021-E
Status: Published | Citing: 5
Summary: 117 B.R. 588 (1990) In re FRONTIER AIRLINES, INC., Frontier Leaseco One, Inc., Frontier Leaseco Two, Inc., Frontier Holdings, Inc., Debtors. FORMER FRONTIER PILOT LITIGATION STEERING COMMITTEE, INC., Appellant, v. FRONTIER AIRLINES, INC., Appellee. The Committee argued that, because Frontier was a subsidiary of People Express Airlines, the LPA also governed the seniority integration of Frontier Pilots. The LPA's seniority integration terms were more favorable to Frontier pilots than those contai......read more.


Citation: 530 F. Supp. 596 | Docket No.: Civ. A. No. 81-K-922
Status: Published | Citing: 10
Summary: 530 F. Supp. After reviewing the record and transcript of the administrative law judge's proceedings, I held, in a memorandum opinion and order, Blanchette v. Schweiker, 523 F. Supp.


Citation: 465 F. Supp. 1245 | Docket No.: Civ. A. No. 78-K-1065
Status: Published | Citing: 7
Summary: 465 F. Supp. In their motion plaintiffs allege that the initial lockdown constituted administrative segregation within the meaning of the Colorado State Penitentiary Code of Penal Discipline and the Manual and Policy on Classification and that defendant prison officials failed to comply with the procedures for transfer required by both the Code and the Manual. Further, plaintiffs allege that the transfer of 21 inmates from Cellhouse One to Cellhouse Three, without a hearing, constituted segregat......read more.


Citation: 671 F. Supp. 713 | Docket No.: Civ. A. No. 87-K-1226
Status: Published | Citing: 9
Summary: 671 F. Supp. This, for example, has long been the case with the administrative filing requirements of the Federal Tort Claims Act, Lurch v. United States, 719 F.2d 333 (10th Cir.1983) cert. 2d 182 (1984), Richman v. United States, 709 F.2d 122, 124 (1st Cir.1983), Keene Corp. v. United States, 700 F.2d 836 (2d Cir.1983) cert.


Citation: 841 F. Supp. 350 | Docket No.: Civ. A. Nos. 93-B-986, 93-B-987
Status: Published | Citing: 10
Summary: 841 F. Supp. Mona ESPINOZA, individually and as Administrator of the Estate of David Espinoza, and the Estate of David Espinoza, Plaintiffs, v. COLORADO ASSOCIATION OF SOIL CONSERVATION DISTRICTS, Colorado Health Care Administrators, Inc., William Welpton, John Frezieres, Dick Bemenderfer, Lee Campbell, Wayne Baughman, Calista Graves, Myron Niblack, and Robert J. Wallace, Jr., Defendants. § 1002(1); Donovan v. Dillingham, 688 F.2d 1367, 1371 (11th Cir.1982); Peckham v. Gem State Mutual of Utah, ......read more.


Citation: 785 F. Supp. 1430 | Docket No.: Civ. A. No. 91-B-1049
Status: Published | Citing: 8
Summary: 785 F. Supp. Before me is plaintiff Hoerl & Associates, P.C. (Associates) December 6, 1991 motion for summary judgment on its claim for a partial refund of FICA taxes. The issue here is whether the IRS properly assessed additional FICA taxes against Associates for 1986, 1987, and 1988. Because the IRS properly assessed additional FICA taxes against Associates in relation to Richard Hoerl (Richard) for 1986 and 1988, Associates' motion is denied in part. However, because FICA taxes were improperl......read more.


Citation: 76 F. Supp. 2d 1105 | Docket No.: 98-B-2585
Status: Published | Citing: 36
Summary: 76 F. Supp. F & S Construction Co. v. Jensen, 337 F.2d 160, 161 (10th Cir.1964). If a Rule 12(b)(1) motion to dismiss merely challenges the sufficiency of the allegations in the complaint, the court must accept those allegations as true, see Holt v. United States, 46 F.3d 1000, 1002-1003 (10th Cir.1995), but "without regard to mere conclusionary allegations of jurisdiction." Groundhog v. Keeler, 442 F.2d 674, 677 (10th Cir.1971). Basso v. Utah Power and Light Co., 495 F.2d 906, 909 (10th Cir.197......read more.


Citation: 677 F. Supp. 1096 | Docket No.: Civ. A. No. 87-K-174
Status: Published | Citing: 27
Summary: 677 F. Supp. The first limb of this argument, that there is a requirement of a nexus between the commercial activity in question and the alleged damages in order to establish an exception to immunity under § 1605(a)(2), is based upon Tote v. Iberia International Airlines, 649 F. Supp. 41, 42 (E.D.Pa.1986) and Matter of Sedco, Inc., 543 F. Supp. on other grounds, 610 F. Supp. , Gibbons v. Udaras na Gaeltachta, 549 F. Supp. No distinction is made between the application of the statute's exceptions......read more.


Citation: 104 F. Supp. 2d 1280 | Docket No.: Civ.A. 98 N 2554
Status: Published | Citing: 25
Summary: 104 F. Supp. 2d 1280 (2000) Wendy FAUSTIN, Plaintiff, v. CITY AND COUNTY OF DENVER, COLORADO; Tom Sanchez, in his official capacity as Chief of the Denver Police Department; Lt. Donald Fink, in his official capacity as an officer of the Denver Police Department; and Sgt. W.P. Honer, in his official capacity as an officer of the Denver Police Department, Defendants. Plaintiff Wendy Faustin alleges that Defendants City and County of Denver, Colorado ("Denver"), Denver Chief of Police Tom Sanchez, ......read more.


Citation: 954 F. Supp. 1441 | Docket No.: Criminal Action No. 96-CR-68-M
Status: Published | Citing: 15
Summary: 954 F. Supp. 1441 (1997) UNITED STATES of America, Plaintiff, v. Timothy James McVEIGH and Terry Lynn Nichols, Defendants. MEMORANDUM OPINION AND ORDER ON TIMOTHY McVEIGH'S MOTIONS TO COMPEL DISCOVERY MATSCH, Chief Judge. During the discussion on December 13, 1995, the court said that trial counsel for the government would be expected to speak for all government agencies involved in this matter in responding to discovery requests. After the government attorneys said that they intended to follow ......read more.


Citation: 902 F. Supp. 1310 | Docket No.: Civ. A. No. 93-Z-1461
Status: Published | Citing: 28
Summary: 902 F. Supp. 1310 (1995) The PHILLIPS COMPANY, a Colorado Limited Partnership, Plaintiff, v. SOUTHERN PACIFIC RAIL CORPORATION, a Delaware corporation, The Denver and Rio Grande Western Railroad Company, Inc., a Delaware corporation, and Southern Pacific Transportation Company, a Delaware corporation, Defendants. This case arises through plaintiff's claim against defendant The Denver and Rio Grande Western Railroad Company, Inc. ("D & RGW") under 43 U.S.C. § 912 ("Section 912") to ownership of a......read more.


Citation: 247 F. Supp. 754 | Docket No.: Civ. A. No. 9132
Status: Published | Citing: 25
Summary: 247 F. Supp. 1941, 120 F.2d 540; Bowman v. Bowman, C.C.N.D.Ill.1887, 30 F. 849; Popovici v. Popovici, N.D. Ohio 1927, 30 F.2d 185; Manary v. Manary, N.D.Cal.1957, 151 F. Supp. 446; Bercovitch v. Tanburn, S.D. N.Y.1952, 103 F. Supp. 62; Linscott v. Linscott, S.D. Iowa 1951, 98 F. Supp.


Citation: 758 F. Supp. 2d 1172 | Docket No.: Civil Action No. 06-cv-00011-PAB-MJW
Status: Published | Citing: 27
Summary: 758 F. Supp. 2d 1172 (2010) BRISTOL COMPANY LIMITED PARTNERSHIP, a Nevada Limited Partnership, Plaintiff, v. BOSCH REXROTH INCORPORATED, a Pennsylvania corporation, Robert Bosch Corporation, a Delaware corporation, and Bosch Rexroth Canada Corp./Corporation Bosch Rexroth Canada, a Canadian corporation, Defendants. Approximately one year before filing the complaint, Bristol filed suit against its former patent counsel in Colorado state court ("State Court Action") alleging malpractice for counsel......read more.


Citation: 181 F. Supp. 2d 1189 | Docket No.: CIV.A.99-K-815
Status: Published | Citing: 24
Summary: 181 F. Supp. Plaintiffs Chad M. Adkins and Julie A. Rasmussen assert age and length-of-service discrimination and other claims against their former employer, Defendant U S WEST Communications, Inc. ("U S WEST"), in connection with their discharge from the company. Thus, to avoid summary judgment, there must be more than a scintilla of evidence supporting the nonmovant's position on the material facts, Simms, 165 F.3d at 1326, and evidence that is merely colorable or is not significantly probativ......read more.