HomeMy WebLinkAbout2021CV30426 - City Of Fort Collins V. Aaron Million, Jordan Fox-Million; Million Agricultural Investments, Ltd., Arlo Richardson Aka Arlo Lee Richardson; The Pleasant Valley And Lake Canal Ditch Company - 053 - Proposed Case Management Order
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JDF 622SC 5/18 PROPOSED CASE MANAGEMENT
ORDER
District Court, Larimer County, Colorado
201 Laporte Avenue, Suite 100
Fort Collins, Colorado 80521
(970) 494-3500
Court Use Only
Plaintiff: CITY OF FORT COLLINS, a Colorado
home rule municipality,
v.
Defendants: AARON MILLION a/k/a AARON P.
MILLION; JORDAN FOX-MILLION;
MILLION AGRICULTURAL
INVESTMENTS, LTD., a Colorado
limited partnership; ARLO
RICHARDSON a/k/a ARLO LEE
RICHARDSON; THE PLEASANT
VALLEY AND LAKE CANAL DITCH
COMPANY; FOX-MILLION FARMS, LLC,
a Colorado limited liability company;
and ALL UNKNOWN PERSONS WHO
CLAIM AN INTEREST IN THE SUBJECT
MATTER OF THIS ACTION.
Attorneys for Plaintiff
Peter J. Dauster (#37139)
Daniel M. St. John II (#46653)
Johnson Muffly & Dauster, PC
323 South College Avenue, Suite 1
Fort Collins, Colorado 80524
Telephone: 970-482-4846; FAX: 970-482-3038
pdauster@nocolawgroup.com *
dstjohn@nocolawgroup.com
Ingrid E. Decker (#28594)
Senior Assistant City Attorney
Fort Collins City Attorney’s Office
300 LaPorte Ave.
Fort Collins, Colorado 80521
Telephone: 970-416-2553 Email: idecker@fcgov.com
Case No. 2021CV30426
Courtroom: 5B
PROPOSED CASE MANAGEMENT ORDER
Pursuant to C.R.C.P. 16(b), the parties should discuss each item below. If they agree, the
agreement should be stated. If they cannot agree, each party should state its position briefly. If an item
does not apply, it should be identified as not applicable.
This form shall be submitted to the court in editable format. When approved by the court, it shall constitute
the Case Management Order for this case unless modified by the court upon a showing of good cause.
This form must be filed with the court no later than 42 days after the case is at issue and at least 7 days
before the date of the case management conference.
DATE FILED: May 17, 2022 4:44 PM
FILING ID: 335A1B86B92F2
CASE NUMBER: 2021CV30426
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JDF 622SC 5/18 PROPOSED CASE MANAGEMENT
ORDER
The case management conference is set for May 19, 2022, at 9:30 a.m. Previous case
management conferences were held on January 3, 2022, at 11:00 a.m. and February 22, 2022, at 10:30
a.m.
1. The “at issue date” is November 8, 2021.
2. Responsible attorney’s name, address, phone number and email address:
Daniel M. St. John II, #46653
Johnson Muffly & Dauster, PC
323 South College Avenue, Suite 1
Fort Collins, Colorado 80524
Telephone: 970-482-4846
3. Daniel M. St. John, II lead counsel for Plaintiff, Scott Slawson, lead counsel for Defendants Aaron
Million a/k/a Aaron P. Million, Jordan Fox-Million, Million Agricultural Investments, Ltd., (collectively,
“Million Defendants”) and Arlo Richardson a/k/a Arlo Lee Richardson (“Defendant Richardson”), met and
conferred by telephone regarding this Proposed Order and each issue listed in Rule 16(b)(3)(A) through
(E), on the following dates: October 28, 2021 and December 17, 2021.
Mr. St. John and Alden Hill, former lead counsel for The Pleasant Valley and Lake Canal Company
(“Defendant PVLC”), met and conferred by telephone regarding this Proposed Order and each issue
listed in Rule 16(b)(3)(A) through (E), on November 18, 2021.
Subsequent to the January 3, 2022, case management conference, Mr. St. John conferred
with Jeffrey J. Kahn, newly-retained counsel for PVLC, on Friday, February 18, 2022. Mr. Kahn is
reviewing the facts and pleadings in this case, but at this time does not anticipate a change in PLVC’s
positions reflected in this proposed case management order.
Mr. St. John has exchanged emails with and spoken by telephone with Defendant Aaron Million
on February 17, 2022. Mr. Million indicates that neither he, nor Mr. Fox-Million or Million Agricultural
Investments Ltd. or Fox-Million Farms, LLC have secured counsel. Mr. Million indicates that he continues
to attempt to secure representation. Mr. Million was provided a copy of this proposed case management
order.
Subsequent to the February 22, 2022 case management conference, Mr. St. John exchanged
emails with Aaron Million and Jordan Fox-Million and has exchanged telephone calls with Mr. Million,
including on March 23, 2022, April 27, 2022, and May 17, 2022. Mr. Million and Mr. Fox-Million have
been provided an electronic copy of this proposed case management order.
4. Brief description of the case and identification of the issues to be tried (not more than one page,
double-spaced, for each side):
Plaintiff City of Fort Collins:
In November 2007, the City of Fort Collins purchased an approximately 2-acre parcel from the
Colorado State University Research Foundation (“CSURF”), which is located in the Reservoir Ridge
Natural Area (“Disputed Parcel”). The Disputed Parcel is part of a much larger land acquisition from
CSURF. Prior to CSURF’s ownership, the Board of Governors of the Colorado State University System
and their predecessors (collectively, “CSU”) owned the Disputed Parcel. CSU acquired the Disputed
Parcel in 1942. From 1942 to now, other than the CSURF’s one day of ownership in November 2007,
the Disputed Parcel has been owned by a public entity.
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JDF 622SC 5/18 PROPOSED CASE MANAGEMENT
ORDER
When the City began to study removing, repairing, and replacing fences on the Disputed Parcel,
City officials communicated with neighboring property owners, including Aaron Million about its plans.
Through this process, the City learned that the Million Defendants claimed the Disputed Parcel as their
own real property. During the City’s ownership of the Disputed Parcel, cattle owned by one or more of
the Million Defendants had been grazing on the Disputed Parcel. The City had its surveyor survey the
property line in October 2019, which included posting survey stakes on the Disputed Parcel. The Million
Defendants removed those stakes.
The following issues need to be resolved: (1) ownership of the Disputed Parcel; (2) rights of the
respective parties in and to the Disputed Parcel; and (3) whether the Million Defendants committed
trespass by removing survey stakes from the Disputed Parcel.
Defendants Aaron Million & Jordan Fox-Million:
Defendant PVLC (as of 12/29/2021):
Defendant PVLC requests that the ditch be recognized in its current position and that right-of-way
access be recognized as follows: 15’ on the uphill side from the edge of the ditch and 50’ from the center
line on the downhill side and there be no impediments to Defendant PVLC’s access to the ditch.
5. The following motions have been filed and are unresolved:
None.
6. Brief assessment of each party’s position on the application of the proportionality factors, including
those listed in C.R.C.P. 26(b)(1):
Plaintiff City of Fort Collins:
The City estimates the value of the Disputed Parcel to be $100,000.00. Further, determining the
City’s ownership of the Disputed Parcel and preventing further conflict about use of the Disputed Parcel
is an important issue, both between the parties and as to the public. Notwithstanding the importance of
the issues, discovery in this case should be straightforward. Primarily, this will be a case focused on
public real property records, few witnesses, and expert testimony regarding property boundaries.
Defendants Aaron Million & Jordan Fox-Million:
Defendant PVLC (as of 12/29/2021):
Defendant PVLC does not seek any modification from the presumptive discovery rules.
7. The lead counsel for each party met and conferred concerning possible settlement. The prospects
for settlement are:
As between the Plaintiff and the Million Defendants, the parties have been engaged in
settlement discussions throughout litigation and held an informal settlement conference. Currently, the
prospects of settling the case are unclear.
As between the Plaintiff and Defendant PVLC, the parties have reached an agreement in
principle and are determining whether a global settlement can be achieved or whether the Plaintiff and
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JDF 622SC 5/18 PROPOSED CASE MANAGEMENT
ORDER
Defendant PVLC should enter into a settlement agreement without the Million Defendants. The
concerns are purely logistical—it would create a clear record in the Larimer County Clerk and
Recorder’s office property records if a single decree quieting title to the Disputed Parcel were entered in
this case.
The parties propose to complete mediation/ADR on or before December 17, 2022.
8. Deadlines for:
a. Amending or supplementing pleadings: February 21, 2022
b. Joinder of additional parties: February 21, 2022
c. Identifying non-parties at fault: February 21, 2022
9. Dates of initial disclosures: Plaintiff: May 13, 2022; Million Defendants: N/A; Defendant PVLC: N/A.
Objections, if any, about their adequacy: None at this time.
10. If full disclosure of information under C.R.C.P. 26(a)(1)(C) was not made because of a party’s
inability to provide it, provide a brief statement of reasons for that party’s inability and the expected
timing of full disclosures and completion of discovery on damages:
11. Proposed limitations on and modifications to the scope and types of discovery, consistent with the
proportionality factors in C.R.C.P. 26(b)(1): No modification to the presumptive limits is necessary.
Number of depositions per party (C.R.C.P. 26(b)(2)(A) limit 1 of adverse party + 2 others + experts per
C.R.C.P. 26(b)(4)(A)): 1 of adverse party + 2 other + experts per C.R.C.P. 26(b)(4)(A).
Number of interrogatories per party (C.R.C.P. 26(b)(2)(B) limit of 30): 30
Number of requests for production of documents per party (C.R.C.P. 26(b)(2)(D) limit of 20): 20
Number of requests for admission per party (C.R.C.P. 26(b)(2)(E) limit of 20): 20
Any physical or mental examination per C.R.C.P. 35: None.
Any limitations on awardable costs: To the extent applicable, damages and costs against Plaintiff are
limited by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
State the justifications for any modifications in the foregoing C.R.C.P. 26(b)(2) limitations: No
modifications from the presumptive limits are sought.
12. Number of experts, subjects for anticipated expert testimony, and whether experts will be under
C.R.C.P. 26(a)(2)(B)(I) or (B)(II):
If more than one expert in any subject per side is anticipated, state the reasons why such expert is
appropriate consistent with proportionality factors in C.R.C.P. 26(b)(1) and any differences among the
positions of multiple parties on the same side:
Plaintiff City of Fort Collins:
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JDF 622SC 5/18 PROPOSED CASE MANAGEMENT
ORDER
Plaintiff anticipates expert testimony from a land surveyor under C.R.C.P. 26(a)(2)(B)(I) and an
expert concerning the documents recorded with the Larimer County Clerk and Recorder that affect the
title to the Disputed Property, as well as any expert necessary to rebut other the other parties’ expert
reports.
Defendants Aaron Million & Jordan Fox-Million:
Defendant PVLC (as of 12/29/2021):
Defendant PVLC anticipates possible expert testimony about the needs and requirements
regarding the management of the ditch.
13. Proposed deadlines for expert witness disclosure if other than those in C.R.C.P. 26(a)(2):
a. production of expert reports:
i. Plaintiff/claimant: September 2, 2022.
ii. Defendant/opposing party: September 30, 2022.
b. production of rebuttal expert reports: October 21, 2022.
c. production of expert witness files: concurrently with expert report.
State the reasons for any different dates from those in C.R.C.P. 26(a)(2)(C): N/A
14. Oral Discovery Motions. The court does not require discovery motions to be presented orally,
without written motions or briefs. Written motions are required if a party seeks relief under C.R.C.P. 37,
pursuant to Court’s November 15, 2021 case procedure order.
15. Electronically Stored Information. The parties do not anticipate needing to discover a significant
amount of electronically stored information. The following is a brief report concerning their agreements
or positions on search terms to be used, if any, and relating to the production, continued preserva tion,
and restoration of electronically stored information, including the form in which it is to be produced and
an estimate of the attendant costs.
16. Parties’ best estimate as to when discovery can be completed: November 15, 2022.
Parties’ best estimate of the length of the trial: 3-day bench trial.
Trial will commence on (or will be set by the court later): Trial will be set once ADR is complete.
17. Other appropriate matters for consideration:
The caption needs to be amended to change the name of “The Pleasant Valley and Lake
Canal Ditch Company” to its correct name, which is “The Pleasant Valley and Lake Canal
Company.”
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JDF 622SC 5/18 PROPOSED CASE MANAGEMENT
ORDER
By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on
the form.
X By checking this box, I am acknowledging that I have made a change to the original content of this
form.
__________________________________________________________________________________
Respectfully submitted this 17th day of May 2022.
JOHNSON MUFFLY & DAUSTER, PC
/s/ Daniel M. St. John II*
Peter J. Dauster, #37139
Daniel M. St. John II, #46653
Johnson Muffly & Dauster, PC
Counsel for Plaintiff City of Fort Collins
FORT COLLINS CITY ATTORNEY’S OFFICE
/s/ Ingrid E. Decker*
Ingrid E. Decker (#28594)
Senior Assistant City Attorney
Counsel for Plaintiff City of Fort Collins
LYONS GADDIS, P.C.
/s/ Jeffrey J. Kahn*
Jeffrey J. Kahn (#6894)
Lyons Gaddis, P.C.
Counsel for Defendant PVLC Company
AARON MILLION
Aaron Million
Defendant, pro se
JORDAN FOX-MILLION
Jordan Fox-Million
Defendant, pro se
CASE MANAGEMENT ORDER
IT IS HEREBY ORDERED that the foregoing, including any modifications made by the court, is and shall
be the Case Management Order in this case.
Dated this ______ day of ________________________, 20__.
BY THE COURT:
__________________________
District Court Judge