Preserve Pine Creek Village, LLC v. Colorado Springs et al

Colorado District Court
Judge:	Charlotte N Sweeney
Case #:	1:24-cv-03616
Nature of Suit	290 Real Property - All Other Real Property
Cause	28:1331dj - Fed. Question - Declaratory Judgment

Case Filed:	Dec 31, 2024
Case in other court:	El Paso County District Court, 2024CV030520

Docket
Parties (3)

Last checked: Friday Feb 14, 2025 4:09 AM MST

Defendant City of Colorado Springs	Represented By Ryan Douglas Doherty Colorado Springs City Attorney'S Office contact info
Intervenor Plaintiff DBG Properties, LLC	Represented By J. Marcus Painter Holland & Hart LLP contact info Patrick J. Bernal Holland & Hart LLP contact info
Plaintiff Preserve Pine Creek Village, LLC	Represented By Joseph Anthony O'Keefe Baker Law Group, LLC contact info

Docket last updated: 2 hours ago

Thursday, May 15, 2025
46		46 respm Response to Objection to Report and Recommendation Thu 05/15 3:03 PM RESPONSE to Objection to40 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re27 MOTION to Remand to State Court or Alternatively, Motion to Sever filed by City of Colorado Springs,16 MOTION to Remand to State Court filed by DBG Properties, LLC filed by Defendant City of Colorado Springs. (Doherty, Ryan) Related: [-]
Tuesday, May 13, 2025
45		45 motion Withdraw as Attorney Tue 05/13 4:38 PM MOTION to Withdraw as Attorney by Plaintiff Preserve Pine Creek Village, LLC.(Fulcher, Dillon) Related: [-]
		Att: 1 Proposed Order (PDF Only)
Monday, May 05, 2025
44		44 respm Response to Objection to Report and Recommendation Mon 05/05 4:21 PM RESPONSE to Objection to40 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re27 MOTION to Remand to State Court or Alternatively, Motion to Sever filed by City of Colorado Springs,16 MOTION to Remand to State Court filed by DBG Properties, LLC filed by Intervenor Plaintiff DBG Properties, LLC. (Bernal, Patrick) Related: [-]
43		43 order Minute Order Mon 05/05 10:10 AM MINUTE ORDER: Upon review of the filings in this case, Plaintiff's counsel is ordered to review this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(a) which can be found[LINK:here] . All future filings shall be made in Arial 12-point font. The Court may summarily strike future filings that do not comply. By Judge Charlotte N. Sweeney on 5/5/2025. Text Only Entry (cnsja, ) Related: [-]
Friday, May 02, 2025
42		42 notice Notice of Change of Address/Contact Information Fri 05/02 11:32 AM NOTICE of Change of Address/Contact Information NOTICE OF CHANGE OF FIRM AFFILIATION by Joseph Anthony O'Keefe (O'Keefe, Joseph) Related: [-]
41		41 motion Objection/Appeal of Magistrate Judge Decision to District Court Fri 05/02 11:31 AM OBJECTION/Appeal of Magistrate Judge Decision to District Court re40 Report and Recommendations, OBJECTIONS TO MAGISTRATES REPORT AND RECOMMENDATION (DOC. 40) by Plaintiff Preserve Pine Creek Village, LLC. (O'Keefe, Joseph) Related: [-]
Friday, April 18, 2025
40		40 motion Report and Recommendations Fri 04/18 9:47 AM RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. For the foregoing reasons, the Court respectfully RECOMMENDS that Plaintiff-in-Intervention DBG Properties, LLC's Motion to Remand, (Doc. No.16 ), and Defendant City of Colorado Springs' Motion to Remand, (Doc. No.27 ), be GRANTED. The Court further RECOMMENDS that the case be REMANDED to the El Paso County District Court. By Magistrate Judge Maritza Dominguez Braswell on 4/18/2025. (amona,) Related: [-]
Monday, April 07, 2025
39		39 minutes Status Conference Order on Motion to Remand to State Court Mon 04/07 3:02 PM COURTROOM MINUTES for Status Conference held on 4/7/2025. The parties supplement their respective positions with regard to Intervenor Plaintiff DBG Properties, LLCs Motion to Remand No Subject Matter Jurisdiction at ECF No.16 (see also ECF No.s19 &21 ) and Defendant City of Colorado Springs' Motion to Remand to State Court or Alternatively, Motion to Sever at ECF No.27 (see also ECF No.s31 &35 ). The Court takes the parties additional comments under advisement and will issue a written recommendation to the presiding judge.FTR: Courtroom 101. (evaug, ) Related: [-]
Wednesday, March 26, 2025
38		38 order Minute Order Wed 03/26 10:17 AM MINUTE ORDER: The Status Conference set for 4/7/2025 is changed in time only to 1:00 pm. The conference will be conducted by video using the previously provided instructions37 . By Magistrate Judge Maritza Dominguez Braswell on 3/26/2025. Text Only Entry (evaug) Related: [-]
Tuesday, March 18, 2025
37		37 order Minute Order Tue 03/18 2:21 PM MINUTE ORDER: A Status Conference is set for April 7, 2025, at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 3/18/2025. Text Only Entry (mdblc5) Related: [-]
Monday, February 24, 2025
36		36 order Order Referring Case to Magistrate Judge ~Util - Terminate Motions Mon 02/24 10:53 AM ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell 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 Local Civ. R. 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found[LINK:here] . 16 Motion to Remand and27 Motion to Remand, or Alternatively, Motion to Sever referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Charlotte N. Sweeney on 2/24/25. Text Only Entry (jdyne) Related: [-]
Friday, February 21, 2025
35		35 respm Reply to Response to Motion Fri 02/21 5:06 PM REPLY to Response to27 MOTION to Remand to State Court or Alternatively, Motion to Sever filed by Defendant City of Colorado Springs. (Doherty, Ryan) Related: [-]
34		34 misc Letter Reassigning Case Fri 02/21 9:47 AM CASE REASSIGNED. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Maritza Dominguez Braswell. All parties do not consent. All future pleadings should be designated as 24-cv-3616-CNS (Text Only Entry) (angar, ) Related: [-]
Thursday, February 20, 2025
33		33 misc Consent to Jurisdiction of Magistrate Judge Thu 02/20 6:17 PM CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Preserve Pine Creek Village, LLC All parties do not consent.. (O'Keefe, Joseph) Related: [-]
Wednesday, February 19, 2025
32		32 notice Notice (Other) Wed 02/19 11:06 AM NOTICE re24 Notice (Other) of State Court Filing by Intervenor Plaintiff DBG Properties, LLC(Bernal, Patrick) Related: [-]
		Att: 1 Exhibit Exhibit A - Stipulated Notice of Voluntary Dismissal With Prejudice
Thursday, February 06, 2025
31		31 respm Reply to Response to Motion Thu 02/06 2:30 PM REPLY to Response to27 MOTION to Remand to State Court or Alternatively, Motion to Sever ,16 MOTION to Remand to State Court PRESERVE AT PINE CREEK VILLAGE, LLCS OPPOSITION TO THE CITY OF COLORADO SPRINGS MOTION TO REMAND FOR LACK OF SUBJECT MATTER JURISDICTION filed by Plaintiff Preserve Pine Creek Village, LLC. (O'Keefe, Joseph) Related: [-]
Monday, February 03, 2025
30		30 order Minute Order Mon 02/03 2:58 PM MINUTE ORDER: In light of the parties'29 Joint Status Report, the Court hereby VACATES the Status Conference set for February 4, 2025, and will proceed to address the16 and27 motions to remand. Additionally, the parties are directed to file the Consent Form on or before February 14, 2025 . By Magistrate Judge Maritza Dominguez Braswell on 2/3/2025. Text Only Entry (mdblc5) Related: [-]
29		29 misc Status Report Mon 02/03 10:40 AM First STATUS REPORT Joint Status Report Re Impact Of State Court Determination Of Underlying Co. R. Civ.P. 106(A)(4) Appeal On This Removed Action by Plaintiff Preserve Pine Creek Village, LLC. (O'Keefe, Joseph) Related: [-]
Friday, January 31, 2025
28		28 order Minute Order Fri 01/31 5:49 PM MINUTE ORDER: The Status Conference set for February 4, 2025, is reset in time only to 12:00 PM . By Magistrate Judge Maritza Dominguez Braswell on 1/31/2025. Text Only Entry (mdblc5) Related: [-]
Thursday, January 30, 2025
27		27 motion Remand to State Court Thu 01/30 4:59 PM MOTION to Remand to State Court or Alternatively, Motion to Sever by Defendant City of Colorado Springs.(Doherty, Ryan) Related: [-]
		Att: 1 Exhibit A - Complaint
26		26 misc Joinder Thu 01/30 4:52 PM JOINDER re16 MOTION to Remand to State Court by Defendant City of Colorado Springs. (Doherty, Ryan) Related: [-]
25		25 order Minute Order Thu 01/30 4:26 PM MINUTE ORDER: In light of the24 Notice of State Court Order, the parties are directed to file a joint status report by noon on February 3, 2025 , advising the Court as to the impact of the state court's decision on this case, if any. The report shall be limited to two (2) pages. By Magistrate Judge Maritza Dominguez Braswell on 1/30/2025. Text Only Entry (mdblc5) Related: [-]
24		24 notice Notice (Other) Thu 01/30 11:16 AM NOTICE OF STATE COURT ORDER by Defendant City of Colorado Springs(Doherty, Ryan) Related: [-]
		Att: 1 Exhibit A - Order Dismissing Rule 106(a)(4) Petition with Prejudice
23		23 notice Notice of Entry of Appearance Thu 01/30 11:08 AM NOTICE of Entry of Appearance by Ryan Douglas Doherty on behalf of City of Colorado SpringsAttorney Ryan Douglas Doherty added to party City of Colorado Springs(pty:dft) (Doherty, Ryan) Related: [-]
Wednesday, January 29, 2025
22		22 notice Notice of Entry of Appearance Wed 01/29 4:21 PM NOTICE of Entry of Appearance by J. Marcus Painter on behalf of DBG Properties, LLCAttorney J. Marcus Painter added to party DBG Properties, LLC(pty:intvp) (Painter, J.) Related: [-]
Tuesday, January 21, 2025
21		21 respm Reply to Response to Motion Tue 01/21 11:33 AM REPLY to Response to16 MOTION to Remand to State Court filed by Intervenor Plaintiff DBG Properties, LLC.(Bernal, Patrick) Related: [-]
		Att: 1 Ex. A to Reply ISO Motion to Remand
Saturday, January 18, 2025
20		20 notice Notice of Case Association Sat 01/18 1:27 PM NOTICE OF CASE ASSOCIATION NOTICE OF RELATED MATTER SUB JUDICE BY THIS COURT by Joseph Anthony O'Keefe on behalf of Preserve Pine Creek Village, LLC (O'Keefe, Joseph) Related: [-]
Friday, January 17, 2025
19		19 respm Response to Motion Fri 01/17 3:47 PM RESPONSE to16 MOTION to Remand to State Court IN OPPOSITION FOR LACK OF SUBJECT MATTER JURISDICTION filed by Plaintiff Preserve Pine Creek Village, LLC. (O'Keefe, Joseph) Related: [-]
Tuesday, January 14, 2025
18		18 utility Set/Reset Deadlines and Hearings - PUBLIC Tue 01/14 4:24 PM Utility Setting/Resetting Deadlines/Hearings: Magistrate Status Conference set for 2/4/2025 10:30 AM before Magistrate Judge Maritza Dominguez Braswell. (Text Only Entry). (ggill, ) Related: [-]
Friday, January 10, 2025
17		17 order Minute Order Fri 01/10 4:06 PM MINUTE ORDER: A Status Conference is set for February 4, 2025, at 10:30 AM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 1/10/2025. Text Only Entry (mdblc5) Related: [-]
16		16 motion Remand to State Court Fri 01/10 1:05 PM MOTION to Remand to State Court by Intervenor Plaintiff DBG Properties, LLC.(Bernal, Patrick) Related: [-]
		Att: 1 Ex. A - 2024-12-31 Answer - Colorado Springs
15		15 misc Corporate Disclosure Statement Fri 01/10 11:08 AM CORPORATE DISCLOSURE STATEMENT. (Bernal, Patrick) Related: [-]
14		14 notice Notice of Entry of Appearance Fri 01/10 11:06 AM NOTICE of Entry of Appearance by Patrick J. Bernal on behalf of DBG Properties, LLCAttorney Patrick J. Bernal added to party DBG Properties, LLC(pty:intvp) (Bernal, Patrick) Related: [-]
Tuesday, January 07, 2025
13		13 misc State Court Records Tue 01/07 1:04 PM STATE COURT RECORDS from DBG Properties, LLC's Complaint for Declaratory Relief by Plaintiff Preserve Pine Creek Village, LLC. (O'Keefe, Joseph) Related: [-]
Sunday, January 05, 2025
12		12 3 pgs misc Order - State Court Sun 01/05 11:36 PM STATE COURT ORDER Granting Motion to Intervene by Plaintiff Preserve Pine Creek Village, LLC. (O'Keefe, Joseph) Related: [-]
11		11 notice Notice (Other) Sun 01/05 10:46 AM NOTICE re9 Notice (Other) El Paso County District Court Docket Sheet by Plaintiff Preserve Pine Creek Village, LLC (O'Keefe, Joseph) Related: [-]
10		10 motion Intervene Sun 01/05 10:06 AM MOTION to Intervene Opposed by Intervenor Plaintiff DBG Properties, LLC.(O'Keefe, Joseph) Related: [-]
		Att: 1 Exhibit Exhibit A to Motion to Intervene,
		Att: 2 Exhibit Exhibit B to Motion to Intervene,
		Att: 3 Exhibit Exhibit C to Motion to Intervene,
		Att: 4 Exhibit Exhibit D. to Motion to Intervene,
		Att: 5 Exhibit Exhibit E to Motion to Intervene,
		Att: 6 Exhibit Exhibit F to Motion to Intervene,
		Att: 7 Exhibit Exhibit G to Motion to Intervene
9		9 notice Notice (Other) Sun 01/05 9:35 AM NOTICE El Paso County District Court Docket Sheet by Plaintiff Preserve Pine Creek Village, LLC (O'Keefe, Joseph) Related: [-]
Friday, January 03, 2025
8		8 misc Magistrate Judge Consent Form Fri 01/03 9:42 AM Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) Related: [-]
7		7 1 pgs misc Memorandum Returning Case Fri 01/03 9:41 AM MEMORANDUM RETURNING CASE. Case returned to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. Judge Robert E. Blackburn is no longer assigned to case. (norlin, ) Related: [-]
Thursday, January 02, 2025
6		6 misc Magistrate Judge Consent Form Thu 01/02 8:34 AM Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) Related: [-]
5		5 misc Case Assigned to Judge Thu 01/02 8:34 AM Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (agryan) Related: [-]
4		4 misc Notice to Attorney(s) in Removed, Transferred or Other Cases Thu 01/02 8:33 AM 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) (agryan) Related: [-]
3		3 misc Removal: Administrative Notices Thu 01/02 8:32 AM ADMINISTRATIVE NOTICE to filer of non-compliance with Notice of Removal case opening procedures. Pursuant to Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. Section 1446a, each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry.) (agryan) Related: [-]
2		2 misc Removal: Administrative Notices Thu 01/02 8:31 AM ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (agryan) Related: [-]
Tuesday, December 31, 2024
1		1 notice Notice of Removal Tue 12/31 4:18 PM NOTICE OF REMOVAL by Preserve Pine Creek Village, LLC from El Paso County District Court, Case Number 2024CV030520. (Filing fee $ 405, Receipt Number ACODC-10064330), filed by Preserve Pine Creek Village, LLC.(O'Keefe, Joseph) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Supplemental Civil Cover Sheet,
		Att: 3 Exhibit Exhibit A to Notice of Removal

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