HomeMy WebLinkAbout2021-cv-2063 - City of Fort Collins v. Open International, et al. - 228 - Final [Proposed] Pretrial Order
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 21-cv-02063-CNS-SP
CITY OF FORT COLLINS,
Plaintiff/Counterclaim Defendant,
v.
OPEN INTERNATIONAL, LLC
Defendant/Counterclaim Plaintiff,
and
OPEN INVESTMENTS, LLC,
Defendant.
FINAL PRETRIAL ORDER
1. DATE AND APPEARANCES
Plaintiff City of Fort Collins (the “City”) and Defendants Open International, LLC and
Open Investments, LLC (collectively, “Open”) (collectively the “Parties”) are scheduled for a
pretrial conference before Judge Sweeney on July 10, 2023 at 1:00 p.m. Appearing as counsel on
behalf of the City are Case Collard, Andrea Ahn Wechter, and Maral J. Shoaei 1 of Dorsey &
Whitney LLP, 1400 Wewatta Street, Suite 400, Denver, CO 80202, (303) 629-3450 and John
Duval, Deputy City Attorney for the City of Fort Collins, 300 LaPorte Avenue, Fort Collins, CO
1 The City may seek for Ms. Shoaei to appear telephonically due being out of the state at the time
of this conference.
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80521, (970) 221-6520. Appearing as counsel on behalf of Open are Paul D. Swanson, Alexander
White, and Alexandria Pierce of Holland & Hart LLP, 555 17th Street, Suite 3200, Denver, CO
80202, (303) 295-8578.
2. JURISDICTION
Pursuant to 28 U.S.C. §§ 1332, 1367(a), 1441, and 1446, this Court has subject matter
jurisdiction over all claims asserted by the Parties because this matter has been removed from
Colorado state court, the Parties are citizens of different states, and the total amount in controversy
exceeds $75,000.00 for each Party. Subject matter jurisdiction is not contested by either Party.
3. CLAIMS AND DEFENSES
SUMMARY OF THE CITY’S CLAIMS AND DEFENSES:
This case arises out of Open’s misrepresentations and failure to implement a fully
functional integrated utilities and broadband billing system as required under the parties’ Master
Professional Services Agreement (the “MPSA”) and Software License Agreement, as well as a
“Scope of Work” (”SOW”) (collectively “the Agreements”). Instead of designing and
implementing a reliable, functioning integrated billing system as required by the MPSA, and as
Open represented it was uniquely capable of providing, Open delivered a delayed, sub-standard
billing system for the City’s broadband services, replete with major flaws that failed to meet the
City’s needs and still in development at the time the Agreements were entered into despite Open’s
representation to the contrary. Further, Open similarly failed to deliver a functioning billing
system for the City’s other utilities altogether. The City attempted to address these delays and
performance issues amicably with Open, including entering into multiple project change requests
and the First Amendment to the MPSA (“First Amendment”). Ultimately, after nearly three years
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of empty promises and despite receiving over $8.7 million from the City, Open failed to deliver a
fully functioning product. Accordingly, after following the termination procedures set forth in the
MPSA, the City brought this action for fraudulent inducement, negligent misrepresentation, breach
of contract, breach of the implied covenant of good faith and fair dealing, and declaratory
judgment. Notwithstanding its lack of performance and failure to meet its obligations under the
Agreements and First Amendment, Open asserted counterclaims against the City for breach of
contract, breach of the implied covenant of good faith and fair dealing and declaratory judgment
seeking to recover over $3.8 million in purported damages. Open’s claims for breach of implied
covenant of good faith and fair dealing and declaratory judgment have been dismissed by this
Court’s Order on the parties’ summary judgment motions.
The City is a home rule municipality organized under Article XX of the Colorado
Constitution. In 2017, the City’s voters approved an amendment to Fort Collins Municipal Charter
to allow the City to provide telecommunication facilities and services, including the transmissio n
of voice, data, graphics and video using broadband internet facilities, to its residents. On February
10, 2018, the City issued a Request for Proposal 8697 for “Vendor Selection and Implementation
of a Comprehensive Solution for Utilities/Broadband Billing (CIS/OSS)” (the “RFP”) to
implement a comprehensive and integrated solution providing functionality to its utility Customer
Information System (“CIS”), its field services, and to serve the range of needs both for current
City utilities and for Connexion—the City’s new municipal broadband service. Open responded
to the City’s RFP, acknowledging that the City sought an integrated solution, specifically claiming
that its product “complies with the vast majority of the functional and technical requirements of
this RFP with one single and uniform product: Open Smartflex.” Open graded 89.7% of the City’s
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functionalities as “A” and indicated that it was an “out-of-the-box” solution. Open also stated that
the requested implementation would occur in two phases—the first would take “12 months with a
three month post-go-live support period” and the second would “occur one month later [and] have
four months post-go-live support.” Open understood the importance of representing its product
accurately in the RFP Response, yet it intentionally concealed facts or made misrepresentations
about its product in order to induce the City into entering into the relationship. For instance, the
base system Open actually had available at the time of the RFP response, OSF V7, did not have a
self-service portal to allow utility customers to access their accounts and purchase services. Open
was developing a portal, but it was not ready. Nonetheless Open proposed using OSF V8 which
would need to have a portal created to meet the City’s needs. Like the other functionalities, Open
represented that its portal met almost all of the required portal functionalities (grading them as
“A”), repeatedly representing that its “Customer Self-Service Portal” was part of the fully
integrated OSF product. However, Open knew, at the time it responded to the RFP, that it was
abandoning its homegrown portal and purchasing a portal from Milestone, but it did not update its
RFP Response. In fact, portal functionalities did not exist in the base product at the time of the
RFP Response because the graded “homegrown” portal was scrapped and terminated that month.
And Open did not even have the code for Milestone’s portal until late July 2018 to grade that
portal’s functionality accurately.
Based on Open’s misrepresentations in the RFP and during the RFP process, the City
selected Open as the vendor to perform this critical project. The City and Open engaged in
substantial negotiations regarding the contract, spanning several months, and the parties ultimately
executed the MPSA and Software License Agreement on August 9, 2018, incorporating the RFP,
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Open’s RFP Response, and a “Statement of Work” (“SOW”) containing a “Functional
Requirements Matrix” representing similar information as the Functional Matrix Open had in its
RFP Response
Under the SOW, Open agreed to deliver its SmartFlex product by June 2019 for Connexion
(known as “Go Live for Broadband”) and by mid-September 2019 for the City’s other utilities
(known as “Utilities Go Live”). In turn, the City agreed to pay Open a fixed-price for the project
based on six milestones and conversion services, subject to retainage due upon completion of the
entire project, as well as travel expenses, based on specific invoicing processes set forth in the
MPSA. The parties also understood that payments by the City were “subject to annual
appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution.” By July 17, 2018, the
City appropriated $10,959,893 for the entirety of the implementation project, including for services
performed by third-parties on the project.
Over the course of the project and pursuant to the terms of the MPSA, the parties negotiated
and executed multiple written project change requests (“PCRs”) concerning additional costs or
resources and extension of the project schedule. Additionally, the parties entered into the First
Amendment dated June 2, 2020, for new milestone dates for Utilities and payments thereof, subject
to retainage amounts by the City. Under the First Amendment, the parties also agreed to share the
additional costs for the project, with the City responsible for “55% of the total additional cost or
$1,686,364.68” and Open responsible for “45% or $1,379,752.90 of the additional cost”.
Likewise, the First Amendment explicitly stated that “[t]he funding for Payment Milestones #2
(Appropriation) and #3 (Utilities Test Complete) is subject to appropriation of funds by the City
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Council.” In turn, City Council appropriated an additional $1,900,000 on June 16, 2020. In total,
the City appropriated $12,859,893.00 for the project, including to pay other third-parties.
Relatedly, the First Amendment required that any “future changes to the Project Cost and/or
Project Schedule shall be subject to mutual agreement by the Parties and documented in
accordance with Section 6, Project Changes, of the [MPSA].” Subsequently, the parties entered
and executed PCR No. 29 to cover an extension of the project regarding Connexion until January
31, 2021. The City paid $450,560 upon formalization of PCR No. 29 and agreed to pay the
remaining $450,560 as a second milestone based on completion of Connexion deliverables.
In early 2021, the Parties undertook a comprehensive review of the functional matrix to
evaluate whether OSF was performing as represented. It was not. Instead, the City confirmed that
Open’s software lacked significant functionalities Open had represented as pre-existing. In June
2021 (over three years after Open had submitted the RFP Response), Open agreed that only 240
out of 2,205 requirements—or approximately 11.8%—were accepted by the City as of June 2021.
During and after this review, Open and the City engaged in high-level discussions concerning the
future of the project, and the City articulated the issues it had with Open’s software and its concerns
that Open had made misrepresentations. Direct meetings between Open and City executives failed
to resolve the disputes or cure Open’s breaches. At this time the City began to understand the full
extent of Open’s misrepresentations prior to and throughout the project. Open sent the City a
default notice. The City accepted this letter as a notice pursuant to § 13.2 of the MPSA,
participated in an in-person executive-level meeting, and then Open prepared and submitted a
responsive cure proposal. Also, on May 28, 2021, the City served its Notice of Dispute and Notice
of Termination pursuant to Section 13 and 17 of the MPSA. As of that time, Utilities system
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testing had not been completed, Utilities Go-Live had not occurred, and Utilities stabilization had
not been successfully completed. Moreover, the second milestone under PCR No. 29 was not
completed. When Open failed to cure the issues raised in the City’s Notice the City initiated this
lawsuit on July 2, 2021. As of the filing of the Complaint, the City had paid Open $8,756,659.16
from appropriated funds for the project and retained $1,086,033.00 in retainage amounts under the
parties’ agreements, which would be due to Open if the project was successfully completed. The
City discovered further misrepresentations throughout the discovery process.
The City seeks to rescind the Agreements and First Amendment between the City and
Defendants due to Open’s breach of contract, fraudulent inducement, and negligent
misrepresentation. Rescission would require Open International to return the amounts the City has
previously paid, approximately $8.7 million, as well as internal and external labor costs that the
City would not have incurred but-for Open’s actions, and its lost net revenue. The City
alternatively seeks to recover its actual damages suffered as a result of Open’s breach of the
Parties’ agreements. These actual damages include: (1) payments made to Open for services and
product that the City did not receive; (2) the costs the City has incurred and will continue to incur
to implement and maintain a functional, replacement billing system for Connexion, (3) the cost s
the City has incurred and will continue to incur to implement a functional, replacement billing
system for its other utilities, (4) overhead expenses that the City has incurred as a result of Open’s
failure to implement a functional billing system, and (5) lost efficiencies and net revenue as a result
of Open’s failure to implement an integrated billing system.
Further, the City seeks damages stemming from losses caused by Open’s breach of the
implied duty of good faith and fair dealing to be proven at trial and a declaration in the City’s
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favor. The City also seeks an award of reasonable costs, expenses, and attorneys’ fees incurred in
this action; pre- and post-judgment interest in accordance with law; and such other relief as this
Court deems just and proper.
Separately, the City is not liable on Open’s remaining counterclaim for breach of contract
because of Open’s own fraud, misrepresentations, or prior breaches of the Parties’ agreements, as
further described above. During the course of this lawsuit, Open claimed to be entitled to damages
totaling $3,826,719.14. From this total amount, Open seeks to recover monies for services for
which it never invoiced the City, thus waiving or estopping any right to payment, and milestones
that were never achieved or amounts that were never agreed to by the Parties or their agreements,
all failing conditions precedent to payment. Further, the Court already reduced Open’s claimed
damages by $551,901.15 during summary judgment. Open is not entitled to any amount and in
any event, should Open obtain any judgment against the City, the City would have to appropriate
funds to satisfy the judgment and Open does not have the ability to force such appropriation.
SUMMARY OF OPEN’S CLAIMS AND DEFENSES:
This case is the City of Fort Collins’s attempt at rewriting the narrative of its own manifest
failure to perform its obligations under the parties’ Agreements. The City failed to keep its
promises to Open from the outset—the City did not provide the required documentation of its
business processes for its nascent broadband offering to Open prior to the start of the
implementation or the business cases and test cases required for the software implementation; the
City did not supply the necessary staffing and resources required under the Agreements; and the
City never put in place effective project management capable of making the implementation of
Open’s Open SmartFlex product (“OSF”) the success it should have been. Though the City fell
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short, Open went above and beyond to make up for the gaps in the City’s performance and,
ultimately, delivered a billing system for broadband that City officials touted as a success. But the
City’s problems persisted, leaving Open no choice but to notify the City of its multiple breaches
of its obligations under the Agreements. In its May 19, 2021 notice letter to the City, Open warned
that if the City did not cure these defaults within 30 days, Open would terminate the Agreements.
Rather than attempt to cure its own defaults, the City breach ed the Agreements again when it
responded to Open’s notice of default by sending a “Notice of Dispute and Notice of Termination”
without providing Open with an opportunity to cure and when it withheld payment from Open for
services Open already performed. Despite the City’s improper notice, Open attempted to reach an
amicable solution, presenting the City with a proposal to reach project completion by which Open
could take over a significant part of the City’s responsibilities that the City had failed to live up to.
Rather than respond to Open’s proposal, the City commenced this action, bypassing the process
required by the Agreements and seeking to point the finger at Open. The City alleges claims of
fraudulent inducement, negligent misrepresentation, breach of contract, breach of the implied
covenant of good faith and fair dealing, and declaratory judgment. But it is the City’s breach that
has harmed Open. Accordingly, Open filed counterclaims against the City for breach of contract
and seeks to recover approximately $3.3 million in damages for work it performed but the City did
not pay for, which does not account for the millions of dollars in additional harm to Open from
lost time, wasted investments, and tarnished reputation.
Open is an international software provider with over 35 years of experience implementing
its proprietary customer information system, Open SmartFlex, for utilities and telecommunication
service providers, including municipalities like Fort Collins. With its decades of success
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implementing its software for customers in North, Central, and South America, Open sought to
enter the U.S. market and, in 2015, began extensive preparation to do so. Open was therefore ready
for the opportunity that arose in February 2018, when the City published a request for proposal
(“RFP”) for a software system to support its traditional utilities—water, wastewater, stormwater,
and electricity—and a brand new broadband service the City planned to launch.
In March 2018, Open submitted a proposal that pitched its forthcoming 8th-generation
software, Open Smartflex (“OSF”) Version 8.0, which Open explained it was still developing and
would deliver during the course of the project. The RFP included a functional matrix that outlined
thousands of functional requirements for the City’s needs. Open filled out this matrix based on this
same Version 8.0 of OSF, indicating with “A” grades the functionalities that were going to be “part
of the base system” in Version 8.0, and noting the City would be the first custom er for this new
version if it selected Open. After months of in-depth due diligence by the City, during which Open
demonstrated the functionalities of its future generation of OSF to the City at multiple workshops,
the City chose Open, and in August 2018, the parties executed the MPSA, Software License
Agreement, and SOW which governed the software project.
The City chose to bifurcate the implementation project. It initially planned to launch the
broadband software solution in summer 2019 and the utilities portion in fall 2019. The City knew
and agreed that achieving this multi-year, multimillion-dollar project would require substantial
collaboration between, and dedication of substantial resources and effort by, the City and Open.
Indeed, a CIS implementation project is not something that a vendor can do on its own, since
customer-side work and input are needed for almost every deliverable throughout the project.
Further, the City knew and accepted that it was Open’s first U.S. customer and the first anywhere
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for which Open would implement Version 8.0 of OSF, and that this groundbreaking project could
not move forward without extensive and effective participation by City personnel.
Accordingly, in the MPSA, the City made three major promises to Open, the performance
of which were necessary to ensure that the project would be a success. First, the City promised to
provide documentation of its specifications, definitions, product catalogs, business cases, test
cases, and other requirements for the configuration of the system. At the time the parties executed
the MSPA, the City’s broadband offerings were unknown. The City was still building the
necessary infrastructure and identifying vendors to provide broadband services to its customers.
OSF is a configurable software that can be shaped to fit the needs of its user. However, without
necessary information about the services the City would be offering, the pricing for those services,
and the vendors for those services, OSF could not be configured to fit the as -yet unknown needs
of the City. And, the City was required to provide information on the business processes for its
utilities offerings so that Open and the City could configure OSF to meet those needs.
Second, the City promised to provide adequate staffing and support to facilitate the project.
Importantly, the MPSA laid out specific staffing and support requirements that Open required, and
that the City agreed to provide, for each stage of the project.
Third, the City promised to provide project management and leadership for its staff and its
project obligations. Open, which has over thirty years of experience implementing its software,
advised the City that both the City and Open should each provide a project manager for their side
of the work needed on the project, and the MPSA required this mirrored management approach.
The City agreed to provide management and administration for the project to ensure a software
implementation of this scale would be a success.
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But the City did not live up to these express promises.
From the start, the City failed to provide necessary documentation for its broadband
processes—delaying Open’s ability to begin work. Moreover, as the project continued, the City
constantly moved the ball—shifting its priorities and adding all-new, unscoped functionalities to
the project that injected further complexity that the parties had not agreed to. The City failed to
assign adequate staff, consistently falling drastically below the required staffing levels. The City
abdicated its role in project leadership and administration, employing a cast of project managers
and vendor managers incapable of sustained, focused performance of the City’s MPSA
obligations. Without properly defining the project, staffing it, or leading its own team, the City
breached the MPSA and blocked timely implementation.
Despite the City’s failings, Open remained steadfastly committed to the project, going
beyond what was required in the MPSA to ensure the implementation would be a success. Open
provided more-than-adequate staffing on its end and, eventually, through change orders that the
parties executed, agreed to provide additional staffing beyond what the MPSA required to help fill
the gaps on the City’s side. And, Open delivered a product that the City and its outside consultants
approved. Particularly, in August 2019, Open delivered the broadband solution, which the City
accepted, paid for, and touted to the marketplace as a “successful launch.” Open’s staff supported
the City throughout its implementation efforts thereafter. And, throughout the lifetime of the
project, Open promptly addressed any issues with the system as required by the contract.
Even so, Open could not complete the project without the City’s contractually-required
participation and cooperation, which was discussed at length with City in almost every project
meeting, including meetings in March and April 2021 in which the City accepted its shortcomings
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and again promised to cure its defaults. After striving to get the City to meet its obligations and to
plug the holes in its staffing, leadership, and deliverables, as it became evident that the City could
not or would not comply, Open decided to notify the City of its multiple breaches of its express
obligations under the MPSA that prevented completion of the project. In its May 19, 2021 notice,
sent pursuant to the parties’ contract, Open allowed the City 30 days to cure these defaul ts and
warned the City that, otherwise, Open would have to terminate the MPSA and seek payment for
the work it had performed.
Although the City had repeatedly admitted responsibility for project delays and other
problems, rather than attempt to cure its defaults the City materially breached the MPSA again
when it responded to Open’s notice of default by immediately terminating the MPSA without
proper notice to Open or an opportunity to cure, and by withholding payment from Open for
services it already performed. Notice and cure were clearly not futile because, despite the City’s
failure to specify alleged breaches and the means by which Open could cure them, the parties met
after the City’s purported unilateral termination and agreed that Open would propose options for
completing the project that involved Open taking over the City’s main responsibilities in light of
the City’s self-acknowledged shortcomings as to staffing and decision-making, which the City and
Open would then analyze together to build a plan for project completion. Open then worked on
and presented the City with a proposal detailing what work remained to be accomplished and
providing a method by which Open could complete the project with minimal participation from
the City. Rather than respond to Open’s proposal, only two days later and without even providing
analysis of or feedback on Open’s proposal, the City commenced this action, bypassing the
processes required under the MPSA and seeking to rewrite the narrative to portray Open as the
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breaching party. Rather than engage in good faith, the City apparently was preparing a lawsuit all
while inducing Open to work diligently on a proposal that Open thought was an agreed-upon
solution to the parties’ dispute.
It is the City’s breaching conduct that has harmed Open. By failing to provide the staffing,
governance, scoping, and numerous prerequisites and deliverables that it promised to deliver, the
City breached its duties and scuttled the project. Further, the City has withheld millions of dollars
for work that Open already performed, and the City has misappropriated funds in an apparent
attempt to short-change Open. Although the City’s procurement director, Gerry Paul, confirmed
the City’s contract obligations with Open were fully funded in June 2021, the City then siphoned
funds away from the Open project account in an effort to insulate itself against a judgment in
Open’s favor. Accordingly, Open seeks “full payment” for the “Services performed” pursuant to
section 13.6(a) of the MPSA. Specifically, Open seeks the $1,086,032.59 in retainage that the City
has withheld, $375,230.40 in past-due invoices for work Open already performed and invoiced to
the City, and the $2,129,561.77 owed to Open for the services it performed and for which the City
approved payment but that were not invoiced or paid for prior to the City’s termination. Open also
seeks its fees and costs, plus interest, as provided by the MPSA.
On the other hand, Open is not liable to the City on any of its claims. The City asserts
claims of fraudulent inducement, negligent misrepresentation, breach of contract, breach of the
implied covenant of good faith and fair dealing, and declaratory judgment. These claims fall short.
First, the City’s claims of fraudulent inducement and negligent misrepresentation are
unsupported by the evidence. Open did not misrepresent OSF’s functionality. Open’s response to
the City’s RFP expressly states that it was formulated based on the functionality that would be
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included in Open’s forthcoming release of Version 8.0 of OSF, for which the City would be the
first customer. And, in response to each of the thousands of functionalities listed in the City’s
functional matrix, Open made clear that it formulated its response based on “Version 8.0” of OSF.
Further, Open’s frank responses to the RFP undercut the City’s allegations that Open had any
intent to mislead. Additionally, the City cannot demonstrate materiality or reasonable reliance,
because, after Open’s initial response to the City’s RFP, the parties r epeatedly revised the
functional matrix—descoping hundreds of items that the City determined it did not need and
refining and revising the remaining requirements through the solution scope process. Moreover,
the City cannot demonstrate materiality or reasonable reliance on any alleged misrepresentation
made prior to the execution of the MPSA, because it claims that it knew about the alleged
misrepresentations early on in the project timeline, yet continued to work with Open, even agreeing
to extend its contractual relationship with Open for years after it supposedly learned of any
“misrepresentation.”
In addition to the lack of evidence sufficient to support fraudulent inducement and
negligent misrepresentation, the economic loss doctrine bars the City from asserting these claims
because the functional matrix, and the rest of Open’s response to the City’s RFP, were expressly
incorporated into the MPSA as a contractual obligation. All other proposals and representations
made prior to the execution of the MPSA were disclaimed. Accordingly, the City cannot seek any
remedy under these claims—rather, the MPSA provides an avenue for relief solely through a claim
sounding in contract.
Second, the City’s breach of contract claim fails on multiple levels. At the outset, the Court
has already ruled that the City never provided Open with notice and an opportunity to cure any
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alleged breach as required under the MPSA. Under Colorado law, there cannot be a material breach
of a contract unless and until a party provides notice of the breach to the other party and that other
party does not cure said breach. Because Open was never afforded such an opportunity, it cannot
have materially breached. Moreover, notice and an opportunity to cure would not have been futile.
Despite the City’s failure to specify a cure, Open demonstrated its intent to work with the City to
solve the project’s problems, preparing a robust proposal to the City that outlined the work
remaining on the project and how Open could, by itself, complete the outstanding work
notwithstanding the City’s persistent deficiencies. Despite Open’s good faith efforts to “right the
ship,” the City impermissibly terminated the Agreements.
Even so, Open fully performed its obligations under the MPSA and did not do anything
that would sustain a proper notice of default. Open staffed the project to the level required, it
delivered a product which the City and its outside consultants approved, and it promptly addressed
any issues that arose with the system as the contract required. Rather, any delays and issues with
the City’s billing system are attributable to the actions—or inactions—of the City. The City failed
to adequately resource the project, provide adequate project management, and deliver
specifications, definitions, product catalogs, business cases, test cases, and other requirements for
the configuration of the system as required by the MPSA. In June 2020, the City admitted that it
was responsible for the majority of project delays and additional costs incurred for the project. Put
simply, Open performed its end of the bargain; the City did not. Accordingly, the City cannot
prevail on its breach of contract claim.
Even if the City is entitled to any remedies for its claims, that relief is limited. The City’s
claimed rescission damages include amounts that are not properly included as a rescission remedy,
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including lost profits and payments to third parties. The proper measure, should the City overcome
the steep factual hurdles to its fraud and negligent misrepresentation claims, would be to restore
the status quo ante, which requires restitution on both sides of the MPSA under Colorado law.
Open’s outlay on the project for the benefit of the City far outweighs the City’s, nullifying any
potential rescission damages for the City.
The City’s contract damages are limited under the MPSA to only the amounts it paid Open
in the twelve months preceding the event giving rise to Open’s alleged liability. This limitation
further illustrates why notice of breach and an opportunity to cure are necessary conditions
precedent to a claim of breach, for it would be a failure to cure that would constitute the event
giving rise to liability. Because the City failed to give Open notice or an opportunity to cure—and,
instead, improperly terminated and filed suit—the event giving rise to the liability of Open, if any,
would be the July 2, 2021 complaint filed in this case. In the twelve months preceding that event,
the City paid Open $2,354,003.74. As such, any damages available to the City are strictly limited
to that amount.
Moreover, the City’s damages are limited to direct damages—it is not entitled to any
consequential, incidental, or other damages. Those direct damages are further limited by the MPSA
to 110% of the contract price. Accordingly, the City cannot recover anywhere close to the nearly
$28 million it claims in contract damages.
Finally, Open is not liable to the City for its claims because the City failed to satisfy
conditions precedent under the Agreements, any of the City’s alleged damages are the result of the
breach of its own obligations under the Agreements, the City’s material breaches of the
Agreements preceded any allegedly breaching conduct by Open, the City failed to mitigate or
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otherwise act to lessen or reduce its alleged damages, and the City’s claims are barred by the
doctrine of impracticability, impossibility, hindrance of contract, or unclean hands. Additionally,
the City’s claims are barred in whole or in part by the applicable statute of limitations, the doctrine
of laches, the doctrines of waiver and estoppel, and the doctrines of recoupment and setoff. Further,
the Court has now twice ruled that the City’s appropriations defense does not apply. See City of
Fort Collins v. Open Int’l, No. 1:21-cv-2063-CNS-SP, 2023 U.S. Dist. LEXIS 89154, at *33 (D.
Colo. May 22, 2023) (Sweeney, J. Order Granting in Part and Denying in Part Plaintiffs’ Motion
for Summary Judgment) (Dkt. #225); 2023 U.S. Dist. LEXIS 99344, at *12 (D. Colo. June 7, 2023)
(“[T]he City’s Appropriations Defense is barred, unless and until the City persuades Judge
Sweeney to reconsider that ruling.”) (Prose, J. Order on Discovery Dispute) (Dkt. # 227).
Accordingly, Open’s damages are not limited by the City’s appropriations.
4. STIPULATIONS
FACTS: The following facts are undisputed by the Parties:
1. The City is a home rule municipality organized under Article XX of the Colorado
Constitution.
2. In 2017, the City’s voters approved an amendment to Fort Collins Municipal
Charter to allow the City to provide telecommunication facilities and services, including the
transmission of voice, data, graphics and video using broadband internet facilities, to its residents.
3. On February 10, 2018, the City issued a Request for Proposal 8697 for “Vendor
Selection and Implementation of a Comprehensive Solution for Utilities/Broadband Billing
(CIS/OSS)” (the “RFP”) to implement a comprehensive and integrated solution providing
functionality to its utility Customer Information System (“CIS”), its field services, and t o serve a
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range of needs both for current City utilities and for Connexion—the City’s new municipal
broadband service.
4. The Parties entered into a Master Professional Services Agreement (the “MPSA”)
and Software License Agreement, both executed August 9, 2018, as well as a “Scope of Work”
(“SOW”) incorporated by the MPSA.
5. Under the MPSA, the parties agreed that the City’s RFP and Open’s Response were
incorporated by reference therein. The parties also agreed that the MPSA, including all exhibits,
was fully integrated.
6. The MPSA further included a Change Request procedure which governed changes
to the SOW.
7. Additionally, the parties entered into the First Amendment dated June 2, 2020.
8. On May 19, 2021, Open sent a letter titled “Notice of Default pursuant to Section
13.2 of the Master Professional Services Agreement.”
9. On May 28, 2021, the City sent a “Notice of Dispute and Notice of Termination
pursuant to Sections 13 and 17 of the Master Professional Services Agreement” to Open
International.
5. PENDING MOTIONS
None.
6. WITNESSES
a. List the nonexpert witnesses to be called by each party. List separately:
(1) Witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));
City of Fort Collins: The City anticipates that the following witnesses will testify at trial:
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1. Travis Storin, Chief Financial Officer at the City. Mr. Storin is expected to testify
regarding the general background and relationship between the City and Open, Open’s work,
promises, failure to provide as-promised functionalities, and discussions with Open to resolve
disputes, as well as the City’s claims and defenses in this matter, including but not limited to any
and all damages the City has suffered as a result of Open’s actions, the City’s appropriation of
funds, and facts relevant to Open’s counterclaims.
2. Coy Althoff, Program Lead/Utilities Asset Manager at the City. Mr. Althoff is
expected to testify regarding the relationship between the City and Open, Open’s roles and
representations before and during the project, various change requests, outstanding functionalities
never delivered by Open to the City, the City’s claims and defenses in this matter, and facts relevant
to Open’s counterclaims.
3. Greg Galluzzi, Executive Vice President at TMG Consulting. Mr. Galluzzi is
expected to testify regarding his assessment of Open SmartFlex, including witness interviews,
grading, and recommendations; involvement with the City’s utilities RFP released in August 2022
due to Open’s failure to implement an integrated billing system, as well as facts relevant to the
City’s claims and defenses in this matter, and Open’s counterclaims.
4. Aaron McClune, Project Manager for the City, TMG Consulting. Mr. McClune is
expected to testify regarding the Parties’ relationship beginning as of March 2021, Open
SmartFlex’s capabilities, testing, and releases on the project, including Open’s failure to provide
functionalities, as well as facts relevant to the City’s claims and defenses in this matter, and Open’s
counterclaims.
5. Lisa Rosintoski, former City Deputy Director: Utilities Customer Connections. Ms.
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Rosintoski is expected to testify regarding the background and general knowledge on the project,
the RFP process for the project, relationship between the City and Open entry of various change
requests, the City’s staffing on the project, Open’s system testing, the City’s claims and defenses
in this matter, and facts relevant to Open’s counterclaims.
6. Michelle Frey,2 PhD, former Project Manager for the City. It is anticipated that Dr.
Frey is expected to testify regarding her communications with Open, Open’s representations and
failures to provide promised functionalities, outstanding issues on the project, troubleshooting, and
City staffing. She is also expected to testify regarding the topics set forth in the City’s
Supplemental Disclosure of Hybrid/Non-Retained Witness pursuant to F.R.C.P. 26(a)(2)(C).
7. Hernando Parrott, President at Open. Mr. Parrott is expected to testify regarding
the general background of the project and relationship between the Parties before, during, and after
the project, Open’s response to the City’s RFP, negotiations with the City, including but not limited
to entering of the MPSA, First Amendment, various change orders, Open’s purported damages,
Open’s relationship and interactions with Milestone, as well as facts relevant to the City’s claims
and defenses in this matter, and Open’s counterclaims.
8. William Corredor, Chief Executive Officer at Open. Mr. Corredor is expected to
testify regarding the relationship between the Parties, negotiations with the City, including but not
limited to the execution of MPSA and First Amendment, as well as attempts to resolve the Parties’
disputes, Open SmartFlex capabilities, as well as facts relevant to the City’s claims and defenses
in this matter, and Open’s counterclaims.
2 Due to Dr. Frey living out of state and currently experiencing health issues, the City may seek to
have her testify remotely under FRCP 43 and this Court’s Practice Standards.
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9. Juan Corredor, Chief Technology Officer at Open. Mr. Corredor is expected to
testify regarding the general background of the project and relationship between the Parties,
Open’s development and implementation of the web portal, including those by Milestone, and
functionalities promised by Open on the project.
10. Diego Lopez, Project Management Officer Director at Open. Mr. Lopez is expected
to testify regarding Open’s representations to the City, Open’s SmartFlex’s capabilities and
functionalities before and after the RFP process with the City, Open’s functional matrix as part of
Open’s Response to the City’s RFP as well as one incorporated in the MPSA, Open’s
communications with the City during the project, Open’s staffing, as well as facts relevant to the
City’s claims and defenses in this matter, and Open’s counterclaims.
11. Any witnesses identified by Open.
12. Any witnesses necessary for impeachment, rebuttal, or authentication.
Open: Open anticipates that the following witnesses will testify at trial.
1. Michael Beckstead. Mr. Beckstead is expected to testify about the City’s planning
for the project; negotiation, due diligence, and execution of the relevant contract, the First
Amendment, and the change orders; the City’s negotiation of the allocation of responsibility for
costs associated with project delays and other issues that culminated in the First Amendment; the
City’s failure to complete prerequisites to testing and launch of the utilities billing system; and the
City’s other project shortcomings and breaches of City obligations.
2. Jairo Contreras. Mr. Contreras is to testify about the implementation process and
project documentation from the perspective of Open’s project management office; negotiation of
the First Amendment; implementation and the parties’ project activities while he was project
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manager for Open in spring and summer 2021; the City’s termination of the contract; Open’s
performance of its contractual obligations; and Open’s damages for services performed but not
paid for by the City.
3. Juan Corredor. Mr. Juan Corredor is expected to testify about OSF, including the
self-service portal; Open’s delivery of promised portal functionality; Open’s work with Milestone
and the City to deliver the portal; and related aspects of the RFP and the due diligence process with
the City.
4. William Corredor. Mr. William Corredor is expected to testify about the history
and experience of Open International and Open Investments; OSF and its history; Open’s
preparation for and entry to the U.S. market; the RFP and negotiation and execution of the relevant
contract, the First Amendment, and the change orders; executive-level meetings about the project
in spring and summer 2021; Open’s notice of default to the City; the City’s improper terminati on
of the contract; and Open’s milestone deliveries and payments (or lack thereof) from the City.
5. Tom Hickmann.3 Mr. Hickmann is expected to testify about the selection of and
implementation process for OSF at Tualatin Valley Water District and Clean Water Services from
2019 through 2022; the performance of Open’s project team and OSF; and the post-go-live
experience with OSF and Open.
6. Diego Lopez. Mr. Lopez is expected to testify about the implementation process
and OSF from the perspective of Open’s project management office and as Open’s project
manager; the RFP, negotiations, and due diligence prior to the parties’ contract; Open’s delivery
3 Due to Mr. Hickmann living out of state and being a non-party, Open may seek to have him
testify remotely.
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of broadband go-live; negotiations in late 2019 and the first half of 2020 regarding responsibility
for delays and other issues as between Open and the City, which culminated in the First
Amendment; the City’s failure to complete prerequisites to testing and launch of the utilities billing
system; negotiation and execution of change orders in 2020 and 2021; the parti es’ activities in
conjunction with the implementation of OSF during his tenure as project manager from late 2019
through early 2021; and Open’s performance of its contractual obligations.
7. Hernando Parrott. Mr. Parrott is expected to testify about Open’s preparation for
and entry to the U.S. market; OSF; Milestone as a subcontractor and supplier of base code for the
self-service portal; the preparation and submission of Open’s RFP response; due diligence,
negotiations, and execution of the project contract, First Amendment, and change orders; Open’s
performance, and the City’s breach(es), of the contract from August 2018 through July 2021; joint
presentations with Colman Keane related to the City’s implementation of OSF; the City’s failure
to meet its obligations as to staffing, project management and governance, and implementation
activities set forth in the contract; the successful implementation of OSF for Tualatin Valley Water
District and Clean Water Services; Open’s milestone deliveries and payments (or lack thereof)
from the City; Open’s services performed that the City has not paid for; the self-service portal;
Open’s work to address City concerns throughout the project and after the City’s improper
termination of the contract; Open’s notice of default and the City’s improper termination of the
contract; and Open’s performance of its contractual obligations.
8. Any witnesses identified by the City.
9. Any witnesses necessary for impeachment, rebuttal, or authentication.
(2) Witnesses who may be present at trial if the need arises (see Fed. R. Civ. P.
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26(a)(3)(A));
City of Fort Collins: The City may present the following witnesses via in person testimony
at trial:
1. Darin Atteberry, former City Manager. It is anticipated that Mr. Atteberry may
testify regarding the Parties’ relationship, as well as regarding the general background and
initiation of the project and the City’s Broadband/Connexion.
2. Gerry Paul, Purchasing Director at the City. It is anticipated that Mr. Paul may
testify concerning the Parties’ relationship, including but not limited to the agreements between
the Parties, change requests, purchase orders exchanged, appropriation of funds, attempts to
resolve outstanding disputes, and facts relevant to Open’s counterclaims.
3. Colman Keane,4 former Broadband Executive Director at the City. It is anticipated
that Mr. Keane may testify regarding the general background and initiation of the project, the
City’s Broadband/Connexion, and the City’s claims and defenses in this matter, including Open’s
failure to deliver promised functionalities.
4. Mike Beckstead, former Chief Financial Officer at the City. Mr. Beckstead is
expected to testify regarding general background and knowledge regarding the project, including
but not limited to the RFP process for the project, initial appropriations for the project, the
relationship between the Parties, negotiation and execution of the First Amendment, the City’s
claims and defenses in this matter, and facts relevant to Open’s counterclaims.
4 To the extent the City calls Mr. Keene or Open seeks to call Mr. Keene, the City may seek to
have his testimony be remote as he lives out of state on a different project and is not a City
employee.
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5. Mona Walder, Business Systems Supervisor at the City. It is anticipated that Ms.
Walder may testify regarding the general background of the project and relationship between the
Parties, Open SmartFlex’s capabilities, web portal, systems testing, and the City’s claims and
defenses in this matter, including Open’s failure to deliver promised functionalities.
6. Juan Pablo Nunez, VP of Professional Services at Open. It is anticipated that Mr.
Nunez may testify regarding the Parties’ relationship, Open’s response to the City’s RFP ,
negotiations between the Parties, including but not limited to Open’s representations as part of the
MPSA, Open SmartFlex’s capabilities, as well facts relevant to Open’s counterclaims.
7. Pedro Ordonez, Sales Solution Architect at Open. It is anticipated that Mr. Ordonez
may testify regarding Open’s SmartFlex product, including but not limited to pre-existing
functionalities prior to the Parties’ relationship and subsequent functionalities developed, the
City’s RFP and Open’s Response, as well facts relevant to Open’s counterclaims.
8. Diego Correa, Product Consultant at Open. It is anticipated that Mr. Correa may
testify regarding Open’s response to the City’s RFP, various change requests, Open’s relationship
with Milestone, including functionalities developed by Milestone and their role on the project.
9. Anthony Sanchez, former IT Architect and Database Administrator for Utilities. It
is anticipated that Mr. Sanchez may testify regarding the general background of the project and
Open’s SmartFlex’s capabilities, including communications with Open, as well as facts relevant
to the City’s claims and defenses in this matter and Open’s counterclaims.
10. Any person necessary to rebut any of Open’s witnesses.
Open: Open may call the following witnesses to testify at trial.
1. Coy Althoff (including 30(b)(6) testimony). If called, Mr. Althoff is expected to
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testify about the parties’ activities in conjunction with the implementation of OSF in the second
half of 2020 and through 2021; his project leadership role during that period; the City’s
consideration of alternatives to working with Open; the City’s testing-related delays; the
assessment conducted by TMG Consulting in 2021; and the City’s project shortcomings and
breaches of City obligations from the second half of 2020 through 2021.
2. Dwayne Bishop. If called, Mr. Bishop is expected to testify about the parties’
activities in conjunction with the implementation of OSF in late 2018 and 2019 and the City’s
project shortcomings and breaches of City obligations during that timeframe.
3. Lori Clements. If called, Ms. Clements is expected to testify about the City’s
planning for the project; the due diligence of and negotiation with Open prior to the parties’
contract; her understanding of Open’s proposal; the parties’ activities in conjunction with the
implementation of OSF from late 2018 through 2021; the City’s project shortcomings and breaches
of City obligations during that timeframe; her internal memoranda regarding the project; her role
and performance as project manager for the City in 2018 and 2019; and the preparation and
completion of broadband go-live in 2019.
4. Theresa Connor. If called, Ms. Connor is expected to testify about the parties’
activities in conjunction with the implementation of OSF from mid-late 2020 through 2021; her
project leadership role during that period; and the City’s project shortcomings and breaches of City
obligations during and preceding that period.
5. Diego Correa. If called, Mr. Correa is expected to testify about Open’s delivery
of OSF functionality to the City.
6. Michelle Frey. If called, Dr. Frey is expected to testify about the parties’ activities
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in conjunction with the implementation of OSF in late 2019 and early 2020; her role as project
manager for the City during that time; her assessment of the project and the City’s breaches of its
obligations while serving as project manager; the City’s waiver of misrepresentation claims; and
negotiations with Open regarding responsibility for project delays, other issues, and related costs.
7. Greg Galluzzi. If called, Mr. Galluzzi is expected to testify about his assessment
of the project and of OSF for the City in 2021; his interviews with City personnel; TMG’s activities
with the City after the City terminated Open.
8. Aaron McClune (including 30(b)(6) testimony). If called, Mr. McClune is
expected to testify about his assessment of the project and of OSF for the city in 2021; the parties’
activities in conjunction with the implementation of OSF in spring and summer of 2021; his role
and performance as project manager for the City during that timeframe; the City’s efforts to
complete the prioritization of a broadband-issues backlog list for delivery to Open; the City’s
launch of Release 25 of OSF; and the City’s project shortcomings and breaches of City obligations.
9. Edith Mercado. If called, Ms. Mercado is expected to testify about Milestone’s
role as a subcontractor for Open on the project; Milestone’s collaboration with Open on a self -
service portal; the parties’ activities in conjunction with the implementation of OSF from August
2018 through mid-2021; her role as functional lead for Open during that timeframe; and the City’s
project shortcomings and breaches of City obligations during that timeframe.
10. Juan Pablo Nunez. If called, Mr. Nunez is expected to testify about Open’s
response to the City’s RFP, including the grading of the functional matrix for Version 8 of OSF;
the delivery of the portal for broadband to the City; and the delivery of broadband functionalities
to the City in August 2019.
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11. Pedro Ordonez. If called, Mr. Ordonez expected to testify about Open’s response
to the City’s RFP, including the grading of the functional matrix for Version 8 of OSF; the
demonstrations of OSF that Open did for the City during the due diligence process prior to the
City’s selection of Open, including Open’s representation to the City that it would be using
Milestone’s portal and Open’s demonstration of the Milestone portal to the City; and portal
functionality.
12. Gerry Paul (including 30(b)(6) testimony). If called, Mr. Paul is expected to testify
about the negotiation and execution of the project contract, amendments, and PCRs; the City’s
budgeting, appropriation, and spending on CIS/OSS systems before, during and after the City’s
contract with Open; payments to Open related to the project; retainage amounts held by the City;
and correspondence with Open during the project regarding milestones, payments, and contract
obligations.
13. Lisa Rosintoski (including 30(b)(6) testimony). If called, Ms. Rosintoski is
expected to testify about the City’s planning for the project; the due diligence of and negotiation
with Open prior to the parties’ contract; her understanding of Open’s proposal; her project
leadership role(s) for the City from 2018 through 2021; the parties’ activities in conjunction with
the implementation of OSF from late 2018 through summer 2021; the preparation, completion, and
approval of broadband go-live; Dr. Frey’s assessment of the project in early 2020; negotiations
with Open for the allocation of responsibility for delays, other issues, and costs that culminated in
the First Amendment; the City’s waiver of misrepresentation claims; the City’s failure to perform
its obligations as to system testing and other prerequisites to the launch of the utilities billing
system; and the City’s shortcomings and breaches of City obligations from late 2018 through
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summer 2021.
14. Travis Storin (including 30(b)(6) testimony). If called, Mr. Storin is expected to
testify about his project leadership role for the City as CFO and as executive sponsor in 2020 and
2021; the parties’ activities in conjunction with the implementation of OSF during that period;
negotiations with Open for the allocation of responsibility for delays, other issues, and costs that
culminated in the First Amendment; the City’s waiver of misrepresentation claims; the City’s
awareness of alleged misrepresentations by Open; the City’s consideration of more comprehensive
product-offerings from Open; the parties’ negotiation, execution, and performance of PCR 29; the
assessment of the project and of OSF performed for the City by TMG Consulting; the City’s
consideration of and decision to engage another CIS provider; executive-level meetings and
negotiations in spring and summer 2021 regarding the project; Open’s notice of default to the City;
the City’s improper termination of the parties’ contract; the City’s post-termination activities with
respect to CIS both with Open and with third parties; and the City’s shortcoming and breaches of
City obligations in 2020 and 2021.
15. Jeff Valadez. If called, Mr. Valadez is expected to testify only as necessary for
rebuttal of testimony by witnesses called by the City.
16. Cyril Vidergar. If called, Mr. Vidergar is expected to testify only about his
declaration filed in this action.
17. Kevin Wilkins. If called, Mr. Wilkins is expected to testify about the parties’
activities in conjunction with the implementation of OSF during his tenure as an executive sponsor
in 2020 and 2021; the City’s consideration of more comprehensive product-offerings from Open;
the parties’ negotiation, execution, and performance of PCR 29; and the City’s shortcoming and
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breaches of City obligations in 2020 and 2021.
18. Any person necessary to rebut any of the City’s witnesses.
(3) Witnesses where testimony is expected to be presented by means of a deposition
and, if not taken steno graphically, a transcript of the pertinent portions of the deposition
testimon y. See Fed. R. Civ. P. 26(a)(3)(B).
City of Fort Collins: The City states that it may designate the deposition testimony of
Edith Mercado, Colman Keene, Dwayne Bishop,5 and Thomas Hickmann.
Open: Open may designate and present at trial the deposition testimony of Dwayne
Bishop, Michelle Frey, Greg Galluzzi, Aaron McClune, and Edith Mercado.
b. List the expert witnesses to be called by each party. List separately:
(1) Witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));
City of Fort Collins: The City intends to call the following experts at trial, whose contact
information is available in the respective expert disclosures:
1. Jon Brock, as the City’s affirmative and rebuttal expert. Mr. Brock is an expert in
U.S. utility billing systems, the nature and frequency of implementation projects, the RFP process
(including the industry standards for RFPs, RFP responses, and the RFP process), the role of the
vendor and the expectations of a customer in this industry based on the vendor’s representations
(including the circumstances in which customers hire outside system integrators), the creation and
use of the functional matrix, customer portals, software implementation projects (including
staffing, timelines, schedules, and costs), software products (including configuration of products),
and U.S. market vendor contracts. It is anticipated that Mr. Brock will testify consistently with his
5 Due to Mr. Bishop living out of state and the City’s understanding of his prior health issues, the
City may seek to have him testify remotely or may designate his deposition.
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October 24, 2022 affirmative report and his November 29, 2022 rebuttal report, as well as the
City’s expert disclosures and deposition testimony regarding the utility industry as it relates to
customer service and billing systems, selection of such systems, and implementations of selected
systems.
2. Ronald Seigneur, as the City’s affirmative damages expert. Mr. Seigneur
specializes in economic loss valuations. Mr. Seigneur is expected to testify consistently with his
October 24, 2022 report, as well as the City’s expert disclosures, concerning the damages sustained
by the City in this matter.
Open: Open intends to call the following experts to testify at trial. Their contact
information is disclosed in the applicable expert disclosures.
1. John Hutchinson, as Open’s affirmative and rebuttal expert. Mr. Hutchinson is
expected to testify consistently with his October 24, 2022 affirmative expert report, November 29,
2022 rebuttal expert report, December 16, 2022 erratum to rebuttal expert report, and May 26,
2023 supplement to expert reports.
2. Peter Schulman, as Open’s rebuttal damages expert. Mr. Schulman is expected to
testify consistently with his December 1, 2022 rebuttal expert report and May 26, 2023 supplement
to rebuttal expert report.
(2) Witnesses who may be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));
City of Fort Collins: None.
Open: None.
(3) Witnesses where testimony is expected to be presented by means of a deposition
and, if not taken steno graphically, a transcript of the pertinent portions of the deposition
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testimon y. See Fed. R. Civ. P. 26(a)(3)(B).
City of Fort Collins: None.
Open: None
7. EXHIBITS
(1) City of Fort Collins: See Exhibit A.
(2) Open: See Exhibit B.
The parties have not yet undertaken the process of identifying exhibit stipulations. The
parties agree to work together to do so in advance of submitting their final joint exhibit list no later
than seven days before the Trial Preparation Conference, per CNS Civil Standing Order III.G.2 &
4.e.
Copies of listed exhibits must be provided to opposing counsel and any pro se party no
later than 30 days before trial. The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be
filed with the clerk and served by hand delivery or facsimile no later than 14 days after the exhibits
are provided.
8. DISCOVERY
Open is permitted to take a half-day, 3.5 hour deposition of the City on appropriations.
9. SPECIAL ISSUES
City of Fort Collins: The City does not have any affirmative special issues. Rather, it
provides the following responses to Open’s raised special issues for the Court’s consideration.
First, as to Open’s mandate that the City “must make an election of remedies”, Open
waived its ability to force the City to elect remedies as Open failed to raise this issue as an
affirmative defense. Additionally, the City states that this issue should be briefed by the parties
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because it requires discretion by the Court and should not be ruled upon based on statements in
this pretrial order. The City requests that the briefing includes a 5-page sur-reply so that the
parties have equal pages on this important issue. Open is improperly using this pretrial order to
preview and raise arguments that should be set forth per this Court’s Practice Standards.
However, to preserve its position, the City states that Open has not identified a sufficient reason
for a discretionary election, especially since Open seeks to force the City to elect claims, not just
remedies. Further, the purported inefficiencies and prejudice that Open will suffer, as provided
below, are vague and conclusory. Additionally, and in any event, forcing the City to elect a
remedy as to its claims will not simplify the issues because the City has fr aud and prior breach
of contract affirmative defenses to Open’s counterclaim. In other words, whatever remedy the
City “chooses”, it still needs to prove the “unchosen” theory of fraud or prior breach of contract
as a defense to Open’s counterclaim. Finally, contrary to Open’s conclusory assertions, any
double recovery or inconsistent verdict can easily be avoided with jury instructions.
Second, with respect to the City’s appropriations affirmative defense, the Court ruled that
the City may not use appropriations as a bar to limit Open’s damages. However, as discussed
with Open and addressed above, appropriations are necessary factual issues to the case including
how Open was paid during the course of the Project, why some payments were or were not made
and when, and it is relevant to Open’s ability to force the City to pay a judgment should there be
one in Open’s favor.
Third, as to the City’s other affirmative defenses, the City disagrees that it needs to
remove any of its defenses at this time especially since Open is trying to essentially seek untimely
summary judgment relief.
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Open: Open states that there are several special issues to be resolved at or soon after the
Final Pretrial Conference scheduled for July 10. First, as summarized below, the City must make
an election of remedies between rescission and damages for breach of contract. The City’s
election will affect the type of trial (jury, bench, or both) and the course and scope of trial.
Second, the City should be precluded from presenting its Tenth Affirmative Defense
(“Appropriations Defense”) at trial. Finally, the City should be precluded from presenting
several other of its affirmative defenses at trial, either because they are not affirmative defenses
or because they do not apply here.
a. The City must make an election of remedies before trial, which election will
affect the type and course of trial.
After the Court denied summary judgment against the City, on June 16, Open notified
the City that it would need to elect between the remedial theories underlying its claims for
contract damages, on the one hand, and for rescission based on fraudulent and n egligent
misrepresentation, on the other hand. See Cross Country Land Servs. v. PB Telecomms., Inc.,
276 F. App’x 825, 830-33 (10th Cir. 2008) (affirming dismissal under Colorado law of contract-
based claims when party sought contract rescission for fraudulent inducement and observing: “It
is inconsistent, under Colorado law, to claim that a contract should be rescinded and then attempt
to recover damages under that same contract.”); see also Whatley v. Crawford & Co., 15 F.
App’x 625, 629-30 (10th Cir. 2001) (affirming trial court’s determination that party “can’t seek
rescission and then also seek damages on the contract as if it had been fully performed in the
same case” and holding that “election to affirm [contract also] precluded plaintiffs from pursuing
negligent misrepresentation”).
Case No. 1:21-cv-02063-CNS-SP Document 228 filed 07/03/23 USDC Colorado pg 35 of
41
40
As to the timing of the City’s election, a pretrial decision is necessary to prevent prejudice
to Open, confusion of the jury, and inefficiency for the parties and the Court. See Whatley, 15
F. App’x at 832 (affirming post-discovery, pretrial election of remedies where election facilitated
smoother and more efficient trial); see also Kline Hotel Partners v. Aircoa Equity Interests, Inc.,
729 F. Supp. 740, 743 (D. Colo. 1990) (assessing burden, costs, and prejudice implicated by
post-trial election and ordering pre-trial election between damages and rescission theories).
These rationales apply doubly here because the City’s claims for rescission based on fraudulent
inducement and negligent misrepresentation are equitable and therefore, if elected, would be
tried to the Court. See Kline, 729 F. Supp. at 472. Open would be prejudiced by the presentation
of fraud and negligent misrepresentation claims to the jury at a combined jury/bench trial if those
claims will be resolved by the Court and the jury will resolve only contract claims. Whatley, 15
F. App’x at 631 (presenting rescission and damages theories to jury was prejudicial and required
wholesale reversal); Kline, 729 F. Supp. at 743. The jury also would be confused b y the
presentation of a City claim to enforce contract obligations that the City simultaneously seeks to
rescind. As to efficiency, a pretrial election would permit a single trial either to the jury (if the
City elects to affirm the contract) or to the Court (if the City elects rescission, since Open has
not demanded a jury on its contract counterclaims). Even if the City elects to pursue rescission
before the Court and seeks a jury trial on Open’s contract counterclaims, the initial bench trial
on rescission would either resolve the case (if the Court finds for the City and awards rescission)
or would allow for a simplified subsequent jury trial only on Open’s contract claims.
In view of these dynamics, state and federal courts in Colorado generally require a
pretrial election of remedies. The Court should require the City to elect before trial here. If the
Case No. 1:21-cv-02063-CNS-SP Document 228 filed 07/03/23 USDC Colorado pg 36 of
41
41
Court is not prepared to require an election without briefing, Open proposes expedited briefing
with a 10-page motion due July 17, a 10-page response due July 26, and a 5-page reply due July
31.
b. The City should be precluded from presenting its Tenth Affirmative Defense
(“Appropriations Defense”) at trial.
In its order resolving the parties’ respective motions for summary judgment (Dkt. 225),
the Court rejected the City’s argument attempting to limit Open’s recoverable damages based on
appropriations-related laws and the City’s alleged amount of remaining appropriated funds. Dkt.
225 at ECF pp. 22-23. In doing to, the Court necessarily rejected the City’s Appropriations
Defense as a matter of law. Magistrate Judge Prose acknowledged this result repeatedly in her
subsequent order limiting Open’s ability to conduct further discovery on the Appropriations
Defense. See, e.g., Dkt. 227 at ECF p. 8 (“[T]he Summary Judgment Order rules against the
City on the Appropriations Defense.”); id. at ECF p. 10 (“In light of the situation here, where
the Appropriations Defense has been eliminated from the case, the court declines to compel [the
City] to undertake this burdensome task [of reviewing and producing appropriations-related
documents to Open].”). The City did not timely seek reconsideration of the Court’s summary
judgment order on the Appropriations Defense or otherwise.
Open has requested that the City formally withdraw the Appropriations Defense. The
City has refused to do so, and it expressly incorporates the Appropriations Defense in its
summary of its claims and defenses for trial in Section 3 above. The City should be precluded
from pursuing and presenting evidence related to the Appropriations Defense at trial.
c. The City should be precluded from presenting at trial its “affirmative
defenses” that are not affirmative defenses or that do not apply in this case.
Case No. 1:21-cv-02063-CNS-SP Document 228 filed 07/03/23 USDC Colorado pg 37 of
41
42
On June 22, Open requested that the City withdraw and not raise at trial the below-listed
affirmative defenses, for the below-listed reasons. The City replied that it would provide Open
its position on withdrawing these defenses in its portion of Section 3 of this Proposed Final
Pretrial Order, by including the defenses it did not agree to withdraw and omitting the defenses it
agreed to withdraw. However, the City’s portion of Section 3 above does not, in Open’s
estimation, sufficiently clearly state the City’s position on the affirmative defenses. Accordingly,
Open intends to raise these defenses at the Final Pretrial Conference.
i. City’s First Affirmative Defense (failure to state a claim). This is not an
affirmative defense; it is a pleading defense, and its trial corollary is a Rule 50
motion. See, e.g., A1 Garage Door Serv., LLC v. West, 2022 U.S. Dist. LEXIS
58676, *8 (D. Colo. Mar. 30, 2022) (“Failure to state a claim is not an affirmative
defense.”).
ii. City’s Fourth and Fifth Affirmative Defenses (proximate cause). These also are
not affirmative defenses; they are denials of causation, which is an aspect of
Open’s prima facie burden. See Malibu Media, LLC v. Butler, 2014 U.S. Dist.
LEXIS 129314, *6–7 (D. Colo. Aug. 13, 2014) (striking defense of intervening
cause and stating “[s]uch a denial of Plaintiff’s prima facie case is not a proper
affirmative defense”).
a. Open recognizes that it pleaded a similar affirmative defense (#4), and
Open will likewise withdraw that defense if the City withdraws its Fourth
and Fifth defenses.
iii. Seventh Affirmative Defense (assumption of risk). Assumption of risk is an
Case No. 1:21-cv-02063-CNS-SP Document 228 filed 07/03/23 USDC Colorado pg 38 of
41
43
affirmative defense applicable only to tort claims, and Open has pleaded no tort
claims. See Malibu Media, 2014 U.S. Dist. LEXIS 129314, at *6.
iv. Ninth Affirmative Defense (laches, waiver, estoppel, acceptance, acquiescence,
unclean hands). These are equitable affirmative defenses onl y applicable to claims
seeking equitable remedies; Open asserts only a legal claim for legal damages.
See, e.g., In re Sender, 423 F. Supp. 2d 1155, 1167 (D. Colo. 2006) (stating defense
of unclean hands “applies only to equitable remedies”).
10. SETTLEMENT
a. The parties met in person in December 2021 to discuss settlement and continued
those discussions throughout early 2022. Counsel for the parties conferred by telephone and email
multiple times in 2022 to discuss in good faith the settlement of the case.
b. The parties were promptly informed of all offers of settlement.
c. Counsel for the parties do not intend to hold future settlement conferences.
d. It appears from the discussion by all counsel that there is little or no possibility of
settlement at this time.
e. Counsel for the parties and any pro se party considered ADR in accordance with
D.C.COLO.LCivR.16.6.
11. OFFER OF JUDGMENT
Counsel and any pro se party acknowledge familiarity with the provision of Rule 68 (Offer
of Judgment) of the Federal Rules of Civil Procedure. Counsel have discussed it with the clients
against whom claims are made in this case.
12. EFFECT OF FINAL PRETRIAL ORDER
Hereafter, this Final Pretrial Order will control the subsequent course of this action and
the trial, and may not be amended except by consent of the parties and approval by the court or
Case No. 1:21-cv-02063-CNS-SP Document 228 filed 07/03/23 USDC Colorado pg 39 of
41
44
by order of the court to prevent manifest injustice. The pleadings will be deemed merged herein.
This Final Pretrial Order supersedes the Scheduling Order. In the event of ambiguity in any
provision of this Final Pretrial Order, reference may be made to the record of the pretrial
conference to the extent reported by stenographic notes and to the pleadings.
13. TRIAL AND ESTIMATED TRIAL TIME; FURTHER TRIAL PREPARATION
PROCEEDINGS
The City’s Position:
The jury trial shall be conducted before the Honorable Judge Charlotte Sweeney at the
United States District Court for the District of Colorado, Alfred A. Arraj United States Courthouse,
in Courtroom A801, 901 19th Street, Denver, CO 80294. It is estimated that a trial will take up to
10 days.
Open’s Position:
The trial shall be conducted before the Honorable Judge Charlotte Sweeney at the United
States District Court for the District of Colorado, Alfred A. Arraj United States Courthouse, in
Courtroom A801, 901 19th Street, Denver, CO 80294. It is estimated that a trial will take up to 10
days. As noted above, Open contends that the City must elect between the remedial theories
underlying its contract- and misrepresentation-based claims, and this election will determine
whether the trial proceeds before a jury, before the Court, or in successive bench and jury trials.
DATED this 3rd day of July, 2023.
BY THE COURT
United States Magistrate Judge
Case No. 1:21-cv-02063-CNS-SP Document 228 filed 07/03/23 USDC Colorado pg 40 of
41
45
APPROVED:
DORSEY & WHITNEY LLP HOLLAND & HART LLP
s/ Case Collard
Case Collard
collard.case@dorsey.com
Andrea Ahn Wechter
wechter.andrea@dorsey.com
Maral J. Shoaei
shoaei.maral@dorsey.com
Dorsey & Whitney LLP
1400 Wewatta Street, Ste. 400
Denver, Colorado 80202
Telephone: (303) 629-3400
Attorneys for Plaintiff City of Fort Collins
s/ Paul D. Swanson
Paul D. Swanson
pdswanson@hollandhart.com
Alexander D. White
adwhite@hollandhart.com
Alexandria E. Pierce
aepierce@hollandhart.com
Holland & Hart LLP
555 17th Street, Suite 3200
Denver, Colorado 80202
Telephone: 303-295-8000
Attorneys for Defendants Open International,
LLC and Open Investments, LLC
Case No. 1:21-cv-02063-CNS-SP Document 228 filed 07/03/23 USDC Colorado pg 41 of
41
1
City of Fort Collins v. Open International, LLC et. al,
Case No. 21-cv-2063-CNS-SP
Exhibit A – City of Fort Collins’ Proposed Trial Exhibit List
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
1.
8/31/2017 Version III of Municipal Retail Fiber-To-
The-Premise (FTTP) Broadband Business Plan
CFC_207743-CFC_207792
2.
11/8/2017 Email with attached presentation from M.
Beckstead to D. Atteberry re Broadband CFC_207641-
CFC_207658
3.
11/21/2017 Ordinance No. 154, 2017 of the Council of
the City of Fort Collins CFC_220755-CFC_220760
4.
11/28/2017 Broadband Presentation from CFC
CFC_207642-CFC_207658
5.
1/30/2018 Presentation re Broadband CFC_207820-
CFC_207835
6.
2/2/2018 Email from L. Rosintoski to B. Ward; C.
Keane; L. Clements; M. Evans; M. Scheetz; M.
Beckstead; M. Walder; R. Kimmitt; T. Brann re CIS /
Broadband Staffing Chart CFC_030388-CFC_030388
7.
2/6/2018 Email from H. Parrott to J. Valadez re
Touching bases-- Fort Collins Open_Intl_00091912-
Open_Intl_00091912
8.
2/10/2018 City’s Request for Proposal 8697 for Vendor
Selection and Implementation of a Comprehensive
Solution for Utilities/Broadband Billing (CIS/OSS)
(the “RFP”) with 12 attachments
CFC_000204-CFC_000235; CFC_000150-
CFC_000198; CFC_000237; CFC_000149;
CFC_000202; CFC_000201; CFC_000203;
CFC_000200; CFC_000236; CFC_000199;
CFC_000239; CFC_000238; CFC_000240-
CFC_000245
9.
2/14/2018 Email from K. Medina to M. Walder re Fort
Collins CIS Update CFC_139960-CFC_139965
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 1 of
29
2
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
10.
2/20/2018 Email to B. Pardini; C. Garavito; P.
Ordonez re RV: Esfuerzos Forth Collins
Open_Intl_00092778-Open_Intl_00092780
11.
2/21/2018 Email from H. Parrott to P. Ordonez re RFP
responses Open_Intl_00092991-Open_Intl_00092992
12.
2/21/2018 Email from C. Garavito to H. Parrott; J.
Storer; P. Ordonez re RFP responses
Open_Intl_00093033-Open_Intl_00093034
13.
3/5/2018 Email from L. Beltran to J. Valadez re 7.0
Implementation VR_lbeltran V3.docx
Open_Intl_00093931-Open_Intl_00093935
14.
3/6/2018 Email from J. Santacoloma to J. Storer; J.
Valadez; P. Ordonez re RFP - FortCollins - Final
Fulfillment Open_Intl_00263563-Open_Intl_00263563
15.
3/7/2018 Email with attached spreadsheets from J.
Santacoloma to H. Parrott; J. Storer; J. Valadez; P.
Tejada; P. Ordonez re RFP - Fort Collins - Final
(Client Format) [03-MAR-2018] Open_Intl_00264064-
Open_Intl_00264065
16.
3/7/2018 Email from J. Santacoloma to H. Parrott; J.
Storer; J. Valadez; P. Tejada; P. Ordonez re RFP - Fort
Collins - Final (Client Format) [03-MAR-2018]
Open_Intl_00264064-Open_Intl_00264065
17.
3/8/2018 Open’s Functional Matrix included as part of
the RFP Response, Open_Intl_00034042
18.
3/16/2018 Native Excel spreadsheet titled
201803061452_RPF - Fort Collins v2.xlsm
Open_Intl_00263564
19.
3/27/2018 Memo from D. Atteberry to L. Rosintoski,
M. Beckstead, and K. Gertig re customer connections
CIS/OSS Staffing Approval CFC_035601-
CFC_035602
20.
4/5/2018 Email with attached spreadsheet from L.
Rosintoski to L. Clements; P. Johnson re 8697 Scoring
CFC_076180-CFC_076181
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 2 of
29
3
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
21.
4/5/2018 Native Excel spreadsheet titled Individual
Evaluation Worksheet Lisa R3.xlsx CFC_076181
22.
4/11/2018 Email from J. Valadez to H. Parrott re 8697
Vendor Selection and Implementation of a
Comprehensive Solution for Utilities/Broadband
Billing Open_Intl_00096175-Open_Intl_00096176
23.
4/11/2018 Email from J. Valadez to H. Parrott re 8697
Vendor Selection and Implementation of a
Comprehensive Solution for Utilities/Broadband
Billing Open_Intl_00096175-Open_Intl_00096176
24.
4/12/2018 Native spreadsheet titled Self-service portal
req w answers v3.xlsx Open_Intl_00099257
25.
4/13/2018 Email from H. Parrott to E. Mercado re
Milestone ePortal and Open Open_Intl_00096272-
Open_Intl_00096274
26.
4/30/2018 Email from D. Lopez re PMO: Informe 27
de Abril Open_Intl_00267110-Open_Intl_00267111
27.
4/30/2018 Email from D. Lopez re PMO Report April
27 – English Translation
28.
Open’s Response to the City of Fort Collins’ Request
for Proposal with attachments
29.
5/10/2018 Email from H. Parrott to J. Valadez re Fort
Collins references Open_Intl_00098690-
Open_Intl_00098694
30.
5/10/2018 Email from L. Rosintoski to B. Ward; C.
Keane; L. Clements; M. Evans; M. Scheetz; M.
Walder; P. Johnson; R. Kimmitt; T. Brann re CIS/OSS
Due Diligence CFC_091402-CFC_091404
31.
5/14/2018 Email with attached Responses - Due
Diligence Questions from J. Valadez to H. Parrott re
Near final for Fort Collins Open_Intl_00267412-
Open_Intl_00267426
32.
5/15/2018 Open’s Responses to Due Diligence
Questions, CFC_000127-CFC_000140
33.
5/19/2018 Email from J. Corredor to H. Parrott re
Milestone Invoice 2018-119 Open_Intl_00099255-
Open_Intl_00099256
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 3 of
29
4
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
34.
5/29/2018 Email from J. Corredor to H. Parrott re FW:
SS Portal Broadband Mock-up Open_Intl_00100919-
Open_Intl_00100925
35.
6/5/2018 Native Excel spreadsheet titled
FortCollins_hwsizing_20180604.xlsx
Open_Intl_00273763
36.
6/6/2018 Native Excel spreadsheet titled Attachment B
- Cost_Final)Version 06_06_18.xlsx
Open_Intl_00273760
37.
6/15/2018 Memo of Understanding to Initial
Preliminary Non-Binding Discussion in Advance of
Any Contract Aware CFC and Open International
Open_Intl_00271078-Open_Intl_00271080
38.
6/22/2018 Email for D. Lopez to J. Valdez re
Milestone estimate for Integration
Open_Intl_00102559-Open_Intl_00102561
39.
6/25/2018 Email with attached spreadsheets from D.
Lopez to H. Parrott; J. Valadez re Fort Collins
Open_Intl_00272138-Open_Intl_00272138
40.
CFC Discussion Notes for 6/27/2018 - 6/28/2018
Meeting CFC_089067-CFC_089069
41.
6/29/2018 Email from G. Paul to H. Parrott; J. Valadez;
J. Nunez; W. Corredor re City of Fort Collins
Discussion Summary CFC_089065-CFC_089066
42.
6/29/2018 Email from G. Paul to L. Rosintoski re City
of Fort Collins Discussion Summary CFC_185076-
CFC_185078
43.
7/4/2018 Email from P. Ordonez to D. Lopez; J.
Contreras re Training plan Open_Intl_00103702-
Open_Intl_00103707
44.
7/4/2018 Email from P. Ordonez to J. Contreras and
D. Lopez re Training Plan – English Translation
45.
7/10/2018 Email from J. Valadez to G. Paul re
Complete set of agreements w/latest redlines
Open_Intl_00273217-Open_Intl_00273217
46.
7/10/2018 Email from A. Perez to D. Lopez; E.
Mercado; P. Ordonez re RFP Fort Collins
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 4 of
29
5
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
Open_Intl_00273202-Open_Intl_00273202
47.
7/10/2018 Native Excel spreadsheet titled RFP - Fort
Collins PAS Preparation.xlsm Open_Intl_00273202
48.
7/11/2018 Email to J. Nunez re FW: Document
deliverables Open_Intl_00273758-
Open_Intl_00273759
49.
7/17/2018 Ordinance No. 093,2018 of the Council of
the City of Fort Collins CFC_220771-CFC_220773
50.
7/18/2018 Email from D. Arias to A. Perez; D. Lopez;
J. Nunez re Matriz de Alcance Funcional Fort Collins
Open_Intl_00104560-Open_Intl_00104560
51.
7/18/2018 Email from D. Arias to J. Nunez, D. Lopez,
and A. Perez re Fort Collins Functional Scope Matrix -
English Translation
52.
7/18/2018 Spreadsheet Open_Intl_00104561-
Open_Intl_00104561
53.
7/25/2018 Email from E. Mercado to J. Contreras re
Script Product and Services Open_Intl_00105063-
Open_Intl_00105069
54.
7/25/2018 Email from H. Parrott to W. Corredor re
Delivery of ePortal Open_Intl_00105111-
Open_Intl_00105113
55.
8/6/2018 Email from E. Mercado to P. Kosuri; S.
Kosuri re Fwd: FW: Portal documents and doubts
Milestone_114287-Milestone_114289
56.
The Master Professional Services Agreement (the
“MPSA”), executed August 9, 2018, CFC_000005.
57.
Software License Agreement, executed August 9,
2018, CFC_000119.
58.
Master Professional Services Agreement Order Form
Open_Intl_00282368-Open_Intl_00282758
59.
Open Project Management Statement of Work
Open_Intl_00147348-Open_Intl_00147358
60.
8/10/2018 Chat messages between H. Parrott and J.
Sanchez Open_Intl_00359063-Open_Intl_00359065
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 5 of
29
6
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
61.
8/14/2018 Email from D. Lopez to D. Bishop re First 2
Weeks Agenda Open_Intl_00106814-
Open_Intl_00106814
62.
8/14/2018 Project Schedule for Fort Collins
Implementation Open_Intl_00106816-
Open_Intl_00106844
63.
8/18/2018 Email from E. Mercado to F. Anderson re
Contract Milestone_030686-Milestone_030689
64.
8/18/2018 Milestone Utility Services Statement of
Work #1 Milestone_097242-Milestone_097248
65.
Subcontract Agreement Open International and
Milestone Utility Services executed 8/19/2018 by H.
Parrott and E. Mercado Milestone_097249-
Milestone_097259
66.
8/19/2018 Sow#1 Open International LLC - Milestone
Utilities Services Attachment 1 Redacted Master
Professional Services Agreement Milestone_097260-
Milestone_097344
67.
8/22/2018 Email from L. Clements to D. Bishop; M.
Walder re Risk Matrix Open_Intl_00107722-
Open_Intl_00107722
68.
8/22/2018 Email from L. Clements to D. Bishop; M.
Walder re Risk Matrix Open_Intl_00107722-
Open_Intl_00107722
69.
8/22/2018 Native spreadsheet titled Risk management
matrix template 8-22-18.xlx Open_Intl_00107723
70.
9/4/2018 Email from D. Arias to D. Bishop; E.
Mercado re RFP Scores less than 5
Open_Intl_00294702-Open_Intl_00294702
71.
9/4/2018 Native spreadsheet titled CFC Functional
Matrix.xlsx
72.
9/5/2018 Resources Management Plan
Open_Intl_00032077-Open_Intl_00032083
73.
9/10/2018 Email from H. Parrott to D. Lopez; D.
Bishop; J. Nunez re Fort Collins Project Kick-off
Open_Intl_00110148-Open_Intl_00110152
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 6 of
29
7
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
74.
9/12/2018 Email from H. Parrott to D. Bishop re
Updated NBI Guides for Nokia Open_Intl_00111824-
Open_Intl_00111826
75.
9/17/2018 Email from D. Arias to J. Valadez re
Customizations Fort Collins Vendor Response C
Open_Intl_00294901-Open_Intl_00294903
76.
9/17/2018 Native spreadsheet titled CFC Functional
Matrix (Open use Only).xlsx Open_Intl_00294905
77.
9/17/2018 Email from B. Pardini to E. Mercado re
Portal Milestone - Estado recepción al 14-09-2018
Open_Intl_00112152-Open_Intl_00112154
78.
9/17/2018 Email from B. Pardini to E. Mercado re
Portal Milestone - Estado recepción al 14-09-2018
79.
9/17/2018 Email with attached spreadsheet from B.
Pardini to E. Mercado re Portal Milestone - Estado
recepción al 14-09-2018 Open_Intl_00112152-
Open_Intl_00112154
80.
9/17/2018 Chat messages between H. Parrott and J.
Corredor Open_Intl_00359197-Open_Intl_00359198
81.
9/20/2018 Email from J. Corredor to B. Menard; S.
Kosuri re Summary Portal Exercise
Open_Intl_00112409-Open_Intl_00112409
82.
9/20/20218 Native spreadsheet titled
EvaluationPortalMilestone_9-20.xlsx
Open_Intl_00112410
83.
9/21/2018 Email from H. Parrott to E. Mercado re FW:
Self service portal scope Milestone_088889-
Milestone_088891
84.
9/28/2018 Email from J. Nunez to D. Arias; E.
Mercado re Billing in advance or in arrears
Open_Intl_00112990-Open_Intl_00112991
85.
9/30/2018 Email from E. Mercado to D. Arias re
Answers to Juan Open_Intl_00113015-
Open_Intl_00113017
86.
10/1/2018 Email from D. Lopez to J. Nunez re Billing
in advance or in arrears Open_Intl_00113027-
Open_Intl_00113032
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 7 of
29
8
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
87.
10/2/2018 Email from J. Valadez to H. Parrott re Risk
register Open_Intl_00298473-Open_Intl_00298473
88.
10/2/2018 Native spreadsheet titled Project risks
FC.xlsx Open_Intl_00298474
89.
10/5/2018 Email from J. Corredor to C. Garavito; D.
Corredor; G. Mina; Y. Ospina re FW: ePortal Update
and List of Requirements Open_Intl_00113357-
Open_Intl_00113358
90.
10/5/2018 Native spreadsheet titled
ePortalListofRequirements.xlsx (Open_Intl_00113359)
91.
10/5/2018 Progress Report Implementation Project
Open_Intl_00082103-Open_Intl_00082116
92.
10/5/2018 Email with attached spreadsheet of ePortal
List of Requirements from J. Corredor to C. Garavito;
D. Corredor; G. Mina; Y. Ospina re FW: ePortal
Update and List of Requirements
Open_Intl_00113357-Open_Intl_00113358
93.
10/19/2018 Email from to C. Keane re definitions
needed for the scope presentation and configuration
Open_Intl_00113874-Open_Intl_00113874
94.
10/19/2018 Chat messages between H. Parrott and J.
Sanchez Open_Intl_00359343-Open_Intl_00359345
95.
10/24/2018 Email from L. Clements to CIS/OSS
Steering Committee re CIS/OSS Weekly Project Status
Report Open_Intl_00114073-Open_Intl_00114077
96.
10/25/2018 Project Change Request CFC_120434-
CFC_120434
97.
11/7/2018 Email from D. Correa to D. Correa; D.
Lopez re Conversation between D. Correa and D.
Lopez Open_Intl_00299986-Open_Intl_00299990
98.
11/7/2018 Email from D. Correa to D. Correa; D.
Lopez re Conversation between D. Correa and D.
Lopez – English Translation
99.
11/8/2018 Email from to D. Bishop; E. Mercado re
Good demo - more work to do Open_Intl_00115284-
Open_Intl_00115289
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 8 of
29
9
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
100.
11/8/2018 Email from J. Corredor to D. Bishop; E.
Mercado re Good demo - more work to do
Open_Intl_00115253-Open_Intl_00115261
101.
11/8/2018 Email from J. Corredor to D. Bishop; E.
Mercado re Good demo - more work to do
Open_Intl_00115253-Open_Intl_00115257
102.
11/13/2018 Email from D. Arias to E. Mercado re
Modify Billing Adjustment Open_Intl_00115373-
Open_Intl_00115375
103.
11/14/2018 Email from D. Lopez to D. Bishop re
Initiation and Planning Open_Intl_00115417-
Open_Intl_00115418
104.
11/14/2018 Email from D. Lopez to D. Bishop re
Initiation and Planning Open_Intl_00115417-
Open_Intl_00115418
105.
11/26/2018 Email from D. Bishop to L. Garcia; P.
Chithan re Migration Concerns Open_Intl_00115887-
Open_Intl_00115889
106.
12/4/2018 Email from D. Lopez to J. Nunez re Fw:
Project's follow-up report released
Open_Intl_00300783-Open_Intl_00300785
107.
12/4/2018 Email from D. Lopez to J. Nunez re Fw:
Project's follow-up report released
108.
12/5/2018 Email from J. Corredor to E. Mercado; R.
Kasarla re Portal Conclusion Milestone_120852-
Milestone_120852
109.
12/6/2018 Email from D. Arias to D. Lopez re Fw:
Evaluaciones Open_Intl_00300994-
Open_Intl_00300996
110.
12/6/2018 Email from D. Arias to D. Lopez re Fw:
Evaluations – English Translation
111.
12/7/2018 Email from D. Bishop to D. Barragan; D.
Arias; E. Mercado re Fwd: Splitter Assignment within
OSF Open_Intl_00117369-Open_Intl_00117370
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 9 of
29
10
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
112.
12/11/2018 Email from D. Bishop to E. Mercado re
Fwd: HA meetings Milestone_138415-
Milestone_138418
113.
1/3/2019 Email from H. Parrott to D. Atteberry re Fort
Collins platform services initiative & next steps
Open_Intl_00119006-Open_Intl_00119006
114.
Excel spreadsheet titled CFC Issues Register
190109.xlsx CFC_050976
115.
1/11/2019 Email to J. Nunez re Project's follow-up
report released Open_Intl_00119522-
Open_Intl_00119523
116.
1/15/2019 Email from D. Lopez to J. Nunez re Portal
delivery date. Open_Intl_00119635-
Open_Intl_00119636
117.
1/16/2019 Email from H. Parrott to D. Bishop; J.
Nunez re Portal delivery date. Open_Intl_00119813-
Open_Intl_00119815
118.
1/17/2019 Email from H. Parrott to A. Perez; D.
Lopez; D. Bishop; J. Nunez re OFS Migration
Environment SFMA0800 Open_Intl_00119875-
Open_Intl_00119876
119.
1/23/2019 Email from J. Corredor to B. Pardini; J.
Nunez re FW: More detailed demo of Self Service
Portal Open_Intl_00120526-Open_Intl_00120527
120.
1/23/2019 Email from J. Corredor to B. Pardini; J.
Nunez re FW: More detailed demo of Self Service
Portal
121.
1/30/2019 Email from D. Lopez to D. Bishop re
Technical help Open_Intl_00121050-
Open_Intl_00121052
122.
1/31/2019 Email from to D. Bishop re Communication
Open_Intl_00121566-Open_Intl_00121566
123.
1/31/2019 Email from L. McInnis to L. Garcia re Open
Edge Meeting Recap Open_Intl_00121614-
Open_Intl_00121616
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 10
of 29
11
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
124.
2/18/2019 Email from D. Bishop to E. Mercado re Port
Assignment in OSF Open_Intl_00302728-
Open_Intl_00302729
125.
2/22/2019 Email to E. Mercado re Some Portal
Questions. Open_Intl_00123791-Open_Intl_00123792
126.
2/25/2019 Email from J. Nunez to D. Lopez; D.
Bishop re Provisioning Open_Intl_00124048-
Open_Intl_00124052
127.
2/28/2019 Project Change Request No. 2
CFC_120437-CFC_120437
128.
2/28/2019 Email from J. Corredor to D. Villalobos re
Portal Open_Intl_00124726-Open_Intl_00124727
129.
2/28/2019 Email from J. Corredor to D. Villalobos re
Portal – English Translation
130.
3/4/2019 - 3/7/2019 CIS/OSS Implementation Status
for Reporting Period Open_Intl_00125849-
Open_Intl_00125858
131.
3/7/2019 Email from L. Clements to CIS/OSS Steering
Committee re OASIS Meeting Minutes - 3/6/19
CFC_141812-CFC_141816
132.
3/8/2019 Email from L. Clements to D. Bishop; M.
Walder re Please review - draft status update
Open_Intl_00126167-Open_Intl_00126178
133.
3/8/2019 Email from H. Parrott to D. Bishop re Pagos
en Portal Open_Intl_00126160-Open_Intl_00126161
134.
3/12/2019 Email to E. Mercado re Partnership
Open_Intl_00126365-Open_Intl_00126367
135.
3/12/2019 Native Spreadsheet titled 3-12-19 Issues
Matrix CFC.xlsx
136.
3/13/2019 Email from D. Bishop to J. Huguett; J.
Quintero; L. Garcia re Communication
Open_Intl_00126520-Open_Intl_00126520
137.
3/13/2019 Email from J. Nunez to E. Mercado; H.
Parrott re Partnership Milestone_147593-
Milestone_147594
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 11
of 29
12
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
138.
3/18/2019 Email with attached presentation from J.
Corredor to E. Mercado re Portal Configuration
Screenshots Milestone_145764-Milestone_145798
139.
3/19/2019 Email from D. Bishop to E. Mercado re
Fwd: Migration environment Milestone_111278-
Milestone_111281
140.
3/27/2019 Email from J. Nunez to H. Parrott re Portal
Meeting/Discussion Open_Intl_00129401-
Open_Intl_00129403
141.
4/1/2019 Email from D. Bishop to H. Parrott; J. Nunez
re Conversation w/Colman and week highlights
Open_Intl_00129846-Open_Intl_00129847
142.
4/2/2019 Email from L. Rosintoski to L. Clements re
OASIS Status Report - 3/23-3/29/19 - FEEDBACK
CFC_016513-CFC_016528
143.
4/8/2019 Email from J. Nunez to re Fw: e-Commerce
Prototype Open_Intl_00130393-Open_Intl_00130395
144.
4/8/2019 Email from D. Bishop to H. Parrott re Project
risk meeting Open_Intl_00130402-
Open_Intl_00130404
145.
4/11/2019 Chat messages between H. Parrott and J.
Nunez Open_Intl_00360739-Open_Intl_00360740
146.
4/11/2019 text messages between H. Parrott and J.
Nunez Open_Intl_00360739-Open_Intl_00360740
147.
4/17/2019 Email from A. Perez to D. Bishop re OSCK
release 6 Open_Intl_00131132-Open_Intl_00131133
148.
4/19/2019 Chat messages between H. Parrott and J.
Corredor Open_Intl_00360774-Open_Intl_00360775
149.
4/19/2019 text messages between H. Parrott and J.
Corredor Open_Intl_00360774-Open_Intl_00360775
150.
5/9/2019 Email from D. Bishop to C. Keane; L.
Rosintoski re Broadband go live date CFC_155710-
CFC_155711
151.
5/10/2019 Project Change Request No. 4
CFC_056439-CFC_056440
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 12
of 29
13
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
152.
5/30/2019 Email from R. Ericson to D. Bishop; E.
Mercado re Fwd: OSFTRAIN (There are still issues...)
Milestone_125279-Milestone_125282
153.
6/3/2019 Email from H. Parrott to E. Mercado re
Requirement type SAOs with scheduled delivery date
Open_Intl_00134933-Open_Intl_00134935
154.
6/11/2019 Email from D. Bishop to L. Rosintoski re
Open Status on Alternative Go-Live Date
Open_Intl_00025835-Open_Intl_00025837
155.
6/12/2019 Utilities Request Form CFC_120438-
CFC_120439
156.
6/12/2019 Email from D. Arias to E. Mercado re
ShowStopper Spreadsheet Open_Intl_00136169-
Open_Intl_00136171
157.
6/12/2019 Native spreadsheet titled Show Stoppers
CFC Rev SC.xlsx (Open_Intl_00311902)
158.
6/13/2019 - 6/14/2019 Chat messages between H.
Parrott and J. Corredor Open_Intl_00361355-
Open_Intl_00361356
159.
6/16/2019 Email from D. Lopez to D. Bishop; E.
Mercado re Portal Developments Priority.
Open_Intl_00136537-Open_Intl_00136537
160.
6/18/2019 Email from H. Parrott to B. Pardini; J.
Nunez re Preparation meeting Open_Intl_00136745-
Open_Intl_00136747
161.
6/25/2019 Email from D. Bishop to C. Keane; D.
Coldiron; K. Gertig; L. Rosintoski; L. Clements; M.
Walder re Minutes from internal steering committee
meeting. CFC_062413-CFC_062414
162.
6/25/2019 Email with attached spreadsheet from E.
Mercado to B. Pardini; D. Villalobos; J. Corredor re
Fwd: Showstoppers Open_Intl_00312011-
Open_Intl_00312012
163.
6/25/2019 Native spreadsheet titled Results of Review
of Portal Issues 062519 rev PMO v3.xlsx
(Open_Intl_00312013)
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 13
of 29
14
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
164.
7/2/2019 Chat messages between H. Parrott and J.
Corredor Open_Intl_00361569-Open_Intl_00361570
165.
7/23/2019 OASIS Steering Committee Minutes
attended by L. Rosintoski, K. Gertig, C. Keane, M.
McKinney, D. Bishop, L. Clements, and M. Walder
Open_Intl_00025861-Open_Intl_00025862
166.
7/24/2019 text messages between H. Parrott and J.
Corredor Open_Intl_00361569-Open_Intl_00361570
167. 7/25/2019 Project Change Request No. 5
CFC_120435-CFC_120436
168. 8/5/2019 Email from D. Lopez to A. Perez; D. Bishop
re Golive support Open_Intl_00141577-
Open_Intl_00141581
169. 8/5/2019 Email from D. Lopez to D. Lopez; D.
Bishop re Billing help Open_Intl_00141592-
Open_Intl_00141598
170. 8/7/2019 Email from D. Bishop to A. Perez re Jairo and
Julian Open_Intl_00141681-Open_Intl_00141682
171. 8/14/2019 OASIS Executive Steering Committee
Minutes CFC_212305-CFC_212306
172. 8/14/2019 OASIS Executive Steering Committee
Minutes CFC_155134-CFC_155138
173. 8/19/2019 Email from E. Mercado to L. Rodríguez re
Fwd: Feedback from Broadband Team
Milestone_126377-Milestone_126378
174. 8/19/2019 Email from B. Ward to C. Keane; E.
Shanley re Need your OSF Portal Feedback before
tomorrow mid-day CFC_092097-CFC_092097
175. 8/20/2019 OASIS Executive Steering Committee
Minutes Milestone_123950-Milestone_123956
176. 8/23/2019 Email from D. Bishop to D. Arias; L.
Garcia re Bill Formats Open_Intl_00144610-
Open_Intl_00144612
177. 8/27/2019 from L. Clements to K. Gertig, C. Keane, L.
Rosintoski, and M. McKinney re Modified OASIS
Broadband August 30, 2019 Go-Live CFC_130952-
CFC_130953
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 14
of 29
15
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
178. 8/27/2019 OASIS Executive Steering Committee
Minutes CFC_212176-CFC_212178
179. 8/30/2019 Open International Business Strategy &
Financial Report for CFC Open_Intl_00147098-
Open_Intl_00147101
180. 9/5/2019 Email from D. Bishop to A. Perez; D. Lopez;
J. Nunez re Fwd: Telephone Number Porting
Open_Intl_00146331-Open_Intl_00146333
181. 9/5/2019 Email from E. Shanley to M. Walder re
Feedback from Tech Support Team CFC_090826-
CFC_090829
182. 9/12/2019 Email from H. Parrott to M. Beckstead re
Open International Business and Strategy Reporting
Open_Intl_00147095-Open_Intl_00147097
183. 9/16/2019 Email from D. Lopez to D. Bishop re Fw:
SOW Project Management Open_Intl_00147346-
Open_Intl_00147347
184. 9/16/2019 Email from D. Bishop to D. Lopez re Last
steps to run the testing robot on a Fort Collins
environment Open_Intl_00147343-
Open_Intl_00147345
185. 9/19/2019 OASIS Executive Steering Committee
attended by L. Rosintoski, K. Gertig, C. Keane, M.
McKinney, D. Bishop, L. Clements, H. Parrott, J.
Nunez, S. Gonzales, M. Walder, and D. Lopez
CFC_140518-CFC_140520
186. 9/19/2019 Email from D. Lopez to C. Lora re
Customization not defined yet Open_Intl_00147755-
Open_Intl_00147755
187. 9/19/2019 Email from D. Lopez to C. Lora re
Customization not defined yet - English Translation
188. 9/19/2019 OASIS Project Staffing Matrix
189. 9/29/2019 Chat messages between H. Parrott an W.
Corredor Open_Intl_00362508-Open_Intl_00362509
190. 10/4/2019 Email from L. Clements to A. Carlstrom re
HELP - RE: Feedback on CIS Implementation
CFC_075363-CFC_075366
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 15
of 29
16
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
191. 10/10/2019 Project Change Request No. 7
CFC_120831
192. 10/12/2019 Email from D. Bishop to E. Mercado re
Fwd: New Plan and Addicional Costs
Milestone_042700-Milestone_042701
193. Presentation from Open Innovation Beyond Dreams -
re Causes for Delay
194. 10/12/2019 Native spreadsheet titled Staffing Matrix
Post BB Go-live v2.xlsx (Milestone_042714)
195. 10/15/2019 OASIS Project Staffing Matrix_AMIupdate
196. 10/16/2019 Letter from G. Paul to H. Parrott re
milestone payment Open_Intl_00150452-
Open_Intl_00150453
197. 10/17/2019 Email from D. Bishop to H. Parrott; J.
Nunez re Regarding memo sent to OPEN from Gerry
Paul Open_Intl_00031923-Open_Intl_00031923
198. 10/18/2019 Email from to H. Parrott; J. Nunez re Fort
Collins Broadband Go Live Milestone -- Ignore the
previous Open_Intl_00151314-Open_Intl_00151317
199. 10/21/2019 Email from H. Parrott to G. Paul re Fort
Collins Broadband Go Live Milestone CFC_122732-
CFC_122733
200. 10/22/2019 Project Change Request No. 6
CFC_120841
201. 10/23/2019 Email from J. Nunez to D. Bishop; E.
Mercado re Sao 456892 Milestone_019556-
Milestone_019557
202. 10/25/2019 Email from R. Ericson to J. Contreras re
Migration plan Open_Intl_00156595-
Open_Intl_00156598
203. 10/29/2019 Email with attached presentation on Go-
Live Change Explanation from H. Parrott to J. Valadez
re FW: Presentación causas de atraso proyecto CFC
Open_Intl_00157039-Open_Intl_00157058
204. 10/31/2019 Email from J. Contreras to D. Bishop; D.
Bishop re Review of Hernando's feedback
Open_Intl_00157340-Open_Intl_00157341
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 16
of 29
17
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
205. 11/1/2019 Email from D. Bishop to D. Lopez re e-
commerce flow Open_Intl_00157536-
Open_Intl_00157537
206. 11/1/2019 Email from D. Bishop to E. Mercado re
Fwd: Please send me the configuration progress
Milestone_010496-Milestone_010497
207. 11/1/2019 Email from D. Bishop to J. Contreras re
Please send me the configuration progress
Milestone_081616-Milestone_081617
208. 11/1/2019 Email from D. Bishop to E. Mercado re
Fwd: e-commerce flow Milestone_035541-
Milestone_035542
209. 11/2/2019 Email from D. Bishop to D. Lopez re Bill
template change control Milestone_005407-
Milestone_005410; Milestone_042702 -
Milestone_042713
210. 11/3/2019 Email from D. Bishop to D. Lopez re Bill
template change control Open_Intl_00157648-
Open_Intl_00157654
211. 11/5/2019 Email from J. Contreras to D. Bishop; D.
Bishop re Risks matrix for you to update this week
Open_Intl_00157968-Open_Intl_00157968
212. 20191109 Risks review v1 spreadsheet
213. 11/21/2019 Email from L. Clements to L. Rosintoski re
IMPORTANT: Question about Conversion and
Migration and the OASIS Schedule Impacts
CFC_050390-CFC_050390
214. 11/23/2019 Email from L. Clements to D. Lopez re
Quick Talk CFC_017051-CFC_017052
215. 11/25/2019 Email from M. Evans to A. Sanchez; B.
Ridgley; D. Burkes; I. Hageman; M. Scheetz; M.
Lewis; R. Kimmitt; S. Denowski re FW: Farewell (D.
Bishop) CFC_102841-CFC_102842
216. 11/25/2019 Email from J. Contreras to C. Lora; E.
Mercado; E. Mercado re Next step with high priority
issues Milestone_016762-Milestone_016764
217. 11/27/2019 Project Change Request No. 15
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 17
of 29
18
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
218. 12/12/2019 Email from D. Bishop to E. Mercado re
Fwd: Project Documentation Milestone_019078-
Milestone_019088
219. 1/2/2020 Email from V. Nauffal to W. Corredor re
Project Documentation Open_Intl_00162424-
Open_Intl_0016234
220. 1/10/2020 Email from M. Frey to G. Sawyer; L.
Clements; M. Walder re Issues Register CFC_050975-
CFC_050975
221. 1/29/2020 Project Change Request No. 8
222. 1/29/2020 Email from E. Mercado to D. Lopez re RFP
not fulfilled Milestone_126405-Milestone_126405
223. 2/3/2020 Email to D. Chaves; J. Valadez; J. Nunez re
FW: FC Delay position Open_Intl_00166127-
Open_Intl_00166129
224. 2/7/2020 Email from R. Ericson to L. Garcia re CRM
Exception 39 - Open_Intl_00167069-
Open_Intl_00167072
225. 2/16/2020 Presentation re Fort Collins is starting to
deliver non-traditional utility services with CIS Cloud
Solution Open_Intl_00345050-Open_Intl_00345070
226. 2/21/2020 Email from H. Parrott to W. Corredor re
FW: UPDATE - OASIS Project Understanding
Open_Intl_00168779-Open_Intl_0016872
227. 2/27/2020 Email from M. Frey to K. Gertig; L.
Rosintoski; L. Clements; M. Walder re OASIS Project
Report for Feb 27, 2020 Meeting CFC_013282-
CFC_013290
228. 2/27/2020 Email from D. Lopez to M. Frey; J.
Contreras re Background for our contract review
discussion Open_Intl_00169233-Open_Intl_00169234
229. 2/27/2020 Native Excel spreadsheet tiled 2020-01
Project Delay Causes v5.xlsx Open_Intl_00169235
230. March 2020 Cost Matrix Attachment 3
Open_Intl_00084896-Open_Intl_00084898
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 18
of 29
19
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
231. 3/2020 Project Management Plan for the City of Fort
Collins OASIS Project Implementation of New
CIS/OSS System for Utilities and Broadband
Operations CFC_012908-CFC_012934
232. 3/9/2020 Email from D. Lopez to H. Parrott re
Friday´s Meeting Conclusions Open_Intl_00170176-
Open_Intl_00170177
233. 3/9/2020 Work Plan: System Testing for OASIS CIS
implementation project Open_Intl_00252263-
Open_Intl_00252283
234. 3/10/2020 Email from D. Lopez to E. Mercado; M.
Frey; H. Parrott; L. Rosintoski; M. Walder re Friday´s
Meeting Conclusions Open_Intl_00170563-
Open_Intl_00170564
235. 3/10/2020 Email from J. Valadez to A. Munoz; D.
Lopez re Longmont Analysis Open_Intl_00170593-
Open_Intl_00170597
236. 3/10/2020 Email from D. Lopez to E. Mercado; M.
Frey; H. Parrott; L. Rosintoski; M. Walder re Friday´s
Meeting Conclusions Open_Intl_00170563-
Open_Intl_00170564
237. 3/20/2020 OASIS Project Team Roster CFC_216346-
CFC_216347
238. 4/2/2020 Email from to C. Keane; K. Gertig; M.
Beckstead re INFORMATION - Open Negotiation
Team Materials CFC_059188-CFC_059194
239. 4/6/2020 Email with attached presentation from H.
Parrott to D. Lopez re Project Delay
negotiation_v10.xlsx Open_Intl_00175880-;
Open_Intl_00176097-Open_Intl_00176108 (
240.
4/10/2020 Email from J. Contreras to E. Mercado re
System testing plan Milestone_052687-
Milestone_052687
241. 5/11/2020 Email from M. Beckstead to K. DiMartino;
K. Wilkins; T. Roche; T. Connor re Confidential - OSF
Meeting CFC_184603-CFC_184604
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 19
of 29
20
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
242.
5/19/2020 Email from L. Clements to D. Mullaney re
Account Number Security issue Open_Intl_00328680-
Open_Intl_00328682
243. 5/21/2020 Email from R. Ericson to J. Huguett re
Migration Status Milestone_098704-Milestone_098704
244. 5/27/2020 First Amendment to the Master Professional
Services Agreement between the City of Fort Collins
and Open International, LLC signed CFC_019378-
CFC_019379
245. 5/29/2020 Email from G. Paul to D. Atteberry re
Amendment 1 - Open International - DocuSign
Approval Requested CFC_019376-CFC_019377
246. 6/2/2020 Agenda Item Summary CFC attended by M.
Beckstead, L. Roskintoski, and C. Keane
CFC_055319-CFC_055322
247. 6/2/2020 Project Change Request No. 18
248. 6/2/2020 First Amendment to the MPSA
249. Ordinance No. 076,2020 of the Council of the CFC
Appropriating Prior Year Reserves in the Light and
Power Fund, Water Fund, the Wastewater Fund, the
Stormwater Fund, and Authorizing the Transfer of
Previously Appropriated Funds in the Broadband Fund
for the Utilities Customer Information and Billing
System Project CFC_220775-CFC_220777
250. 6/4/2020 Project Change Request No. 19
251. 6/4/2020 Email from E. Ospina to D. Barragan; D.
Arias; D. Lopez; E. Mercado; J. Contreras; J. Nunez re
Avance Pruebas TC para Fort Collins 03-Jun
Milestone_034116-Milestone_034117
252. 6/16/2020 Email from J. Contreras to D. Lopez; E.
Mercado re SAOs to be discussed with Benito today
Milestone_060158-Milestone_060158
253. 6/22/2020 Project Change Request No. 19
Open_Intl_00191072-Open_Intl_00191073
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 20
of 29
21
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
254. 6/24/2020 Email from L. Ramirez to D. Barragan; D.
Arias; E. Mercado; J. Contreras; L. Garcia; P. Chithan
re Internal response time for Incidents
Open_Intl_00191360-Open_Intl_00191361
255. 7/1/2020 Project Change Request No. 24
Open_Intl_00082929-Open_Intl_00082931
256. 7/1/2020 Project Change Request PCR No. 24
Open_Intl_00252284-Open_Intl_00252286
257. 7/10/2020 Chat messages between B. Pardini and H.
Parrott Open_Intl_00367613-Open_Intl_00367614
258. 7/16/2020 Email from P. Chithan to E. Mercado re
Fwd: Broadband Provisioning Milestone_028144-
Milestone_028188
259. 9/2/2020 Email from A. Sanchez re Please help us right
the ship CFC_080546-CFC-080547
260. 9/10/2020 Project Change Request No. 26
CFC_121369-CFC_121370
261. 9/10/2020 Project Change Request PCR No. XX
Open_Intl_00215797-Open_Intl_00215799
262. 10/1/2020 Email from L. Rosintoski to K. Wilkins; M.
Evans; T. Connor re OASIS Org Chart CFC_111581-
CFC_111583
263. 10/7/2020 Email from D. Lopez to A. Amato; L.
Rosintoski re Milestone MS Plan
Open_Intl_00215795-Open_Intl_00215796
264. 10/13/2020 Email from H. Parrott to D. Lopez; J.
Nunez re Lisa´s Call Open_Intl_00216635-
Open_Intl_00216636
265. 10/15/2020 Letter from G. Paul City of Fort Collins to
H. Parrott re project change request- project schedule
adjustment (new go-live date) v 1 with attached e-mail
Open_Intl_00217119-Open_Intl_00217122
266. 10/15/2020 Email from G. Paul to L. Rosintoski re
REVIEW: Open SAO Functional Requirement
Tracking CFC_214405-CFC_214410
267. 10/18/2020 Email from H. Parrott to D. Lopez; E.
Mercado; J. Valadez; J. Nunez re FC Letter Response
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 21
of 29
22
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
(Migration/Conversion) Open_Intl_00217631-
Open_Intl_00217634
268. 10/26/2020 Letter from H. Parrott to G. Paul re project
schedule adjustment (new go-live date)
Open_Intl_00223539-Open_Intl_00223541
269. 10/27/2020 Email from D. Lopez to J. Nunez re RV:
Compiling OSF technical requirements' delivery for
review in parallel to Functional Matrix - RFP
Open_Intl_00335687-Open_Intl_00335688
270. 10/27/2020 Email from D. Lopez to J. Nunez re RV
Compiling OSF technical requirements delivery for
review in parallel to Functional Matrix - RFP – English
Translation
271. 10/28/2020 Project Change Request No. 25
272. 10/30/2020 Spreadsheet of Change Orders
CFC_034352
273. 10/30/2020 Email from L. Clements to G. Paul re
Document for review CFC_176153-CFC_176161
274. 10/30/2020 Email from G. Paul to T. Storin re OASIS
Broadband Status Summary - Preliminary
CFC_012171
275. Project Change Request No. 27
276. 11/2/2020 Email from G. Paul to T. Storin re OASIS
SUMMARY CFC_056432-CFC_056434
277. 11/2/2020 Email from K. Wilkins to T. Connor; T.
Storin re Fwd: RE: Configuration Deliverables
Proposal CFC_100747-CFC_100748
278. Agenda for 11/2/2020 Open Contract Discussion
CFC_133617-CFC_133622
279. 11/2/2020 Email from T. Connor to C. Althoff; G.
Paul; K. Wilkins; T. Storin re Notes from today's
discussion re Open Contract CFC_133616-
CFC_133622
280. 11/4/2020 Email from G. Paul to C. Althoff; K.
Wilkins re Quick question - OASIS CFC_083150-
CFC_083151
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 22
of 29
23
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
281. 11/11/2020 Letter from C. Newsom to K. Wilkins re
OASIS Project: Risk Management Issues and
Recommendations CFC_048131-CFC_048136
282. 11/16/2020 Email from C. Althoff to K. Wilkins; T.
Connor; T. Storin re summary of documents
CFC_099930-CFC_099930
283. 11/17/2020 Email from D. Lopez to C. Althoff re
Project Delays. Open_Intl_00223812-
Open_Intl_00223813
284. 11/23/2020 Weekly Management Report for Fort
Collins Utilities OASIS Program Management
CFC_140654-CFC_140655
285. 12/2020 Draft Project Change Request No. 29
CFC_074970-CFC_074971
286. Project Change Request No. 28
287. Project Change Request No. 30
288. Project Change Request No. 29 CFC_012277-
CFC_012278
289. 12/2/2020 Email from T. Connor to D. Atteberry re
Thursday OPEN Leadership Meeting CFC_207505-
CFC_207505
290. 12/4/2020 Chat messages between H. Parrott and J.
Corredor
291. 12/8/2020 Email from J. Nunez to B. Pardini re Fwd:
Unacceptable SAO response! - FW: Portal chat
questions Open_Intl_00226220-Open_Intl_00226224
292. 12/8/2020 Email from J. Nunez to B. Pardini re Fwd
Unacceptable SAO response! - Fw Portal chat
questions – English Translation
293. 12/10/2020 Memo from C. Althoff to D. Lopez re
Open Software Functional Concerns Follow-Up from
12/3/2020 with attached spreadsheet CFC_094348-
CFC_094348
294. 12/17/2020 Email with attached spreadsheet from D.
Lopez to A. Amato; C. Althoff re FC Issue List Review
Milestone_025654-Milestone_025654
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 23
of 29
24
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
295. 12/21/2020 Email from K. Wilkins to C. Althoff; G.
Paul; M. Evans re PCR #14 CFC_076999-
CFC_077000
296. 12/22/2020 Email from E. Lahman to A. Amato; C.
Althoff; G. Paul re DO NOT FORWARD THIS
EMAIL RE: Emailing: OASIS Budget as of 12-14-
20.xlsx CFC_055123-CFC_055124
297. 1/6/2021 Meeting minutes re OASIS - Defining the end
of 3.2 Open_Intl_00229734-Open_Intl_00229735
298. 1/12/2021 Email from J. Sanchez to D. Fierro re Fwd:
FORT COLLNS - Open managed services proposal
Open_Intl_00230884-Open_Intl_00230897
299.
1/13/2021 Email from T. Storin to K. Wilkins; T.
Connor re Coy's QPA CFC_093460-CFC_093461
300. 1/13/2021 Email from J. Contreras to J. Contreras; M
Borja re Indicadores con cc-029 Open_Intl_00338216-
Open_Intl_00338216
301. Indicators _Implementation_Fort Collins
302. 1/14/2021 Email from C. Althoff to L. Clements re
Change to including up to 10 email accounts with
Internet Service CFC_086693-CFC_086695
303. 1/18/2021 Email with attached spreadsheet from C.
Althoff to D. Lopez re v1-FC-
ConnexionTaskList_01152021.xlsx CFC_084433-
CFC_084433
304. 1/18/2021 Email from C. Althoff to D. Lopez re v1-
FC-ConnexionTaskList_01152021.xlsx CFC_084433-
CFC_084434
305. 1/19/2021 Memo from C. Althoff to T. Connor, C.
Keane, and A. Rowland re Temporary Assignment -
Amber Rowland CFC_141565-CFC_141565
306. 1/26/2021 Email from C. Althoff to C. Newsom; A.
Rowland; A. Amato; J. Loffer; J. Sawyer; L.
Rosintoski; L. Clements; M. Evans; M. Walder; T.
Brann re Independent Assessment Forthcoming
CFC_110448-CFC_110449
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 24
of 29
25
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
307. 1/26/2021 Email from C. Althoff to M. Evans re
Discussion of IT Integration Issues CFC_069008-
CFC_069010
308. 1/28/2021 Email from J. Torres to P. Ordonez re
FCollins list of points Open_Intl_00233405-
Open_Intl_00233405
309. 1/28/2021 Native Spreadsheet titled v1-FC-
ConnexionTaskList_v3.xlsx (Open_Intl_00233406)
310. 2/10/2021 Email from J. Valdez to D. Lopez re TMG
Interviews Open_Intl_00238452-Open_Intl_00238457
311. 2/25/2021 Email from J. Huguett to D. Lopez, P.
Chithan, and E. Mercado re Migration on
Milestone_122967-Milestone_122974
312. 2/25/2021 Email from H. Parrott to C. Schutte; D.
Barragan; D. Arias; D. Lopez; J. Valadez; J.
Moncaleano; O. Pacheco; P. Ordonez re Prep for TMG
Open_Intl_00240077-Open_Intl_00240077
313. 3/3/2021 Memorandum of Understanding (MOU)
Revision 1 from C. Althoff to A. Amato, E. Mercado,
J. Contreras, A. Rowland, and M. Walder re OASIS
Immediate Work Plan Outline & Resource Allocation
with attachments Open_Intl_00241239-
Open_Intl_00241249
314. 3/3/2021 Email from G. Galluzzi to J. Valadez re
Feedback today Open_Intl_00370590-
Open_Intl_00370591
315. 3/5/2021 Email from C. Althoff to C. Keane; K.
Wilkins; T. Connor; T. Storin re phone call with H.
Parrott and J. Pablo CFC_205465-CFC_205465
316. 3/11/2021 Email from D. Lopez to D. Barragan; E.
Mercado re Fort Collins \ RFP 9.0.8
Open_Intl_00242500-Open_Intl_00242501
317. 3/16/2021 Email from OASIS Project to D. Barragan;
D. Arias; E. Mercado; P. Chithan re RV: TMG / CoFC
/ Open Technical Resolution Meeting - Group 3
Milestone_009326-Milestone_009326
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 25
of 29
26
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
318. 3/19/2021 Email from G. Galluzzi to C. Keane; C.
Althoff; D. Arias; D. Lopez; H. Parrott; K. Wilkins;
M. Evans re Results of Resolution Meetings
Open_Intl_00243458-Open_Intl_00243458
319. 3/19/2021 Native Spreadsheet titled TMG Resolution
Meetings UPDATED CITY and OPEN 3-19-21.xlsx
Open_Intl_00243459
320. 3/23/2021 Work Plan: Broadband Configuration
OASIS CIS implementation project
Open_Intl_00006596-Open_Intl_00006609
321. 4/14/2021 CIS Assessment Report for Open SmartFlex
OSF Project OASIS City Broadband and Utility
Services from TMG Consulting CFC_044928-
CFC_044979
322. 4/20/2021 OASIS Broadband Stabilization
Organizational Chart Open_Intl_00006742-
Open_Intl_00006743
323. 4/20/2021 Email from T. Connor to A. McClune; C.
Keane; C. Althoff; K. DiMartino; K. Wilkins; T. Storin
re Draft Email Communication - OASIS All Hands
CFC_211956-CFC_211958
324. 4/20/2021 Email from D. Arias to L. McInnis re
Payment Help Open_Intl_00249640-
Open_Intl_00249642
325. 4/29/2021 Email from G. Paul to C. Keane; C. Althoff;
J. Duval; K. DiMartino; K. Wilkins; T. Connor; T.
Storin re FW: FCollins PaaS Managed Services
Proposal_01_30_21.pdf CFC_102678-CFC_102718
326. 5/7/2021 Email from J. Nunez to D. Lopez re Fw: FC
Termination clauses Open_Intl_00341304-
Open_Intl_00341305
327. 5/8/2021 Email from H. Parrott to W. Corredor re Fwd:
Fort Collins Meeting Today Open_Intl_00251868-
Open_Intl_00251868
328. 5/10/2021 Email from to G. Galluzzi re Fort Collins
Meeting Today Open_Intl_00251869-
Open_Intl_00251870
329. 5/19/2021 Notice Open_Intl_00000032
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 26
of 29
27
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
330. 5/20/2021 Email from A. McClune to C. Althoff, T.
Connor, C. Keane, K. Wilkins, D. Lopez, J. Nunez, J.
Sanchez, and J. Contreras re OASIS Project status
update
331. 5/26/2021 Email from C. Althoff to A. McClune re
OSF CFC_100086-CFC_100086
332. 5/28/2021 Letter from C. Collard at Dorsey & Whitney
to H. Parrott at Open International re Notice of Dispute
and Notice of Termination pursuant to sections 13 and
17 of the Master Professional Services Agreement
Open_Intl_00000036-Open_Intl_00000043
333.
6/16/2021 Email from T. Storin to G. Galluzzi re
Interview with Brad re AAC CFC_202864-
CFC_202866
334. 6/17/2021 Email with attached spreadsheet from D.
Clabaugh to G. Paul re Retainage Review -
OPEN/OASIS CFC_082875-CFC_082875
335. 6/28/2021 Fort Collins Utilities Oasis Project Reset
Report CFC_051613-CFC_051653
336. 6/28/2021 Presentation re Fort Collins Utilities Oasis
Project Reset Open_Intl_00000056-
Open_Intl_00000096
337. 6/28/2021 Email from D. Barragan to J. Contreras; P.
Ordonez re RFPs que necesitan detalle
Open_Intl_00343189-Open_Intl_00343190
338. 6/28/2021 Email from D. Barragan to J. Contreras re
RPF's that need detail – English Translation
339. 6/29/2021 Email from K. Wilkins to J. Harder; M.
Evans re FW: Oasis Reset Proposal CFC_026313-
CFC_026355
340. 7/2/2021 Progress Report Implementation Project
2021-06-25 thru 2021-07-02 Open_Intl_00078639-
Open_Intl_00078662
341. 7/2/2021 Email from P. Ordonez to J. Contreras; J.
Valadez re FC: Novedades para entregable de este
viernes Open_Intl_00343283-Open_Intl_00343285
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 27
of 29
28
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
342. 7/7/2021 Email from A. McClune to M. Evans, D.
Mullaney, C. Althoff, K. Wilkins, and J. Harder re Fw:
request to revoke access to FC platforms/Accounts
343. Status Report for Reporting Period 10/13/2018 -
10/21/2018 Open_Intl_00343405-Open_Intl_00343408
344. Draft Software License Agreement between Milestone
Utility Services and Open Investments
Open_Intl_00082833-Open_Intl_00082846
345. Presentation by Open Innovation Beyond Dreams re
delay Open_Intl_00157342-Open_Intl_00157361
346. Open_Intl_00000099 Staffing Matrix.XLSX
347. Order form for Annual Software Support Services
Open_Intl_00282368-Open_Intl_00282758
348. Spreadsheet total payment due
349. Senior Management Interview Outline for Travis Storin
CFC_217345-CFC_217348
350. Senior Management Interview Outline for Lisa
Rosinktoski CFC_217210-CFC_217213
351. Senior Management Interview Outline for Coleman
Keane CFC_217448-CFC_217451
352. Scope of Services for OASIS Project Management
Support CFC_051055-CFC_051056
353. Utilities/Broadband Billing System Appropriations
(non-lapsing) CFC_220779-CFC_220780
354. Native spreadsheet tracking Project Change Requests
and Open invoices CFC_047673
355. LinkedIn profile for J. Corredor
356. 9/9/2021 Open’s Initial Disclosures
357. 11/26/2021 Open's Responses to the City of Fort
Collins First Set of Interrogatories to Defendants
358. 11/26/2021 Open's Responses to City's First Set of
Requests for Production of Documents
359. 7/6/2022 Open’s First Supplemental Disclosures
360. 8/1/2022 Open’s Responses to the City of Fort Collins’
Second Set of Interrogatories
361. 9/12/2022 Open's Responses to the CFC's First Set of
Requests for Admission to Defendants
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 28
of 29
29
EX.
NO. WITNESS DESCRIPTION
AUTH-
ENTICITY STIP OFFER RECD. REF.
RUL.
RSVD.
COMMENTS/
INFO.
362. 9/12/2022 Open’s Objections and Responses to the
City’s Third Set of Interrogatories
363. 9/12/2022 Open’s Responses to City of Fort Collins’s
Second Set of Requests for Production of Documents
364. 9/13/2022 PowerPoint of TMG Estimated Costs for
Fort Collins CIS implementation
365. 10/14/2022 Open’s Supplemental Responses to Third
Set of Interrogatories
366. 10/23/2022 Open’s Second Supplemental Disclosures
with attachment
367. Open’s Privilege Log
368. 10/24/2022 Expert Report of Economic Damages
Analysis completed by R. Seigneur of Seigneur
Gustafson LLP
369. 10/24/2022 Expert report of Jon Brock
370. 10/31/2022 Open’s Responses to City of Fort Collins’
Third Set of Requests for Production of Documents
371. Agenda for 11/22/2022 Zoom session with J. Contreras
and H. Parrott at Open International
372. 11/29/2022 Rebuttal Expert Report of Jon Brock
373. Any data or document relied on by Jon Brock for
expert or rebuttal report, including documents, charts,
and tables identified throughout the reports and
Appendices
374. Any data or document relied on by R. Seigneur for
expert report, including documents, charts, and tables
identified throughout the report and Appendices
375. CV of Jon Brock
376. CV of R. Seigneur
377. Demonstrative Exhibits
378. Any document necessary for rebuttal
379. Any document necessary for impeachment
Case No. 1:21-cv-02063-CNS-SP Document 228-1 filed 07/03/23 USDC Colorado pg 29
of 29
Exhibit B
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 1 of
29
Exhibit #Bates ID FileName Date Description
1 AAC 1-000169 AAC 1-000169.pdf 6/10/22 3:34 PM
AAC change control for additional scope of
broadband discovery and possibly including
in CIS RFP
2 AAC 1-000385 AAC 1-000385.pdf 6/10/22 3:38 PM
Signed project charter and strategy
document for AAC and CFC CIS Assessment
Project
3
CFC_000148; CFC_000150;
CFC_000202; CFC_000204;
CFC_000237
CIS/OSS RFP Released on 2/10; Fort
Collins Response Template; Staffing
Matrix; 8697 Comprehensive Solution
for Utilities-Broadband Billing System
FINAL; 2 Functional Matrix.xlsx 2/13/18 4:36 PM
4 CFC_000250 Signed Open MOU 2018_6_15.pdf 6/15/18 1:41 PM
5 CFC_001050 Cost Matrix 3/29/22 1:31 AM
6 CFC_001979 Cost Matrix 3/29/22 1:31 AM
7 CFC_002368
Attachment A Functional Matrix -
Cogsdale.xlsx 3/29/22 1:31 AM
8 CFC_002369 Cost Matrix 3/29/22 1:31 AM
9 CFC_002639 Fort Collins Response Template 3/29/22 1:31 AM
10 CFC_005227 Cost Matrix 3/29/22 1:32 AM
11 CFC_007142 Cost Matrix 3/29/22 1:32 AM
12 CFC_008553 Cost Matrix 3/29/22 1:32 AM
13 CFC_011476
RE: OASIS Status Report - 3/23-3/29/19 -
FEEDBACK 4/2/19 6:08 PM
14 CFC_011660
RE: IMPORTANT ACTION - Fort Collins
Utilities OASIS Meeting Summary 11/18/19 3:24 PM
15 CFC_012277 CC-029-CFC-Project Extension_Final.pdf 12/30/20 8:14 PM
16 CFC_012803
RE: UPDATE - Open Negotiations
Summary March 6 3/11/20 9:43 PM
17 CFC_012907; CFC_012908
Vanir Project Management Plan for the
OASIS Project; OASIS VANIR
ProjectManagement Plan.docx 3/23/20 3:27 PM
1
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
EXHIBIT BCase No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 2 of
29
18 CFC_016414; CFC_016415
CIS/OSS Status Report; Project Status
Report 12/12/18 5:26 PM
19 CFC_017051; CFC_017053
RE: Quick Talk; Project Delay Causes 11-
23-19 LC.xlsx 11/23/19 3:20 PM
20 CFC_017242
CC 13_CFC_Additional Broadband
Configuration Source - Executed.pdf 5/12/20 2:00 PM
21 CFC_017500
2020 April 20 CC 14_CFC_Additional IT
Support Final.pdf 7/8/20 11:06 PM
22 CFC_019763
CC-020-CFC_Utilities_Notifications
Signed.pdf 8/5/20 11:03 PM
23 CFC_020045
Microsoft Word - Change Control No. 6
for Business Analyst_102119_.docx 2/11/20 7:24 PM
24 CFC_020930
FW: Formal notice to the City of Fort
Collins 5/20/21 12:50 AM
25 CFC_025270
RE: Scheduled appointments needing
canceled 3/9/21 6:01 PM
26 CFC_026161
FW: IMPORTANT AND URGENT. HELP
NEEDED 5/14/20 8:22 PM
27 CFC_027185 Fwd: [EXTERNAL] Re: Relevant topics 10/1/20 12:39 PM
28 CFC_031296; CFC_031300
RE: Input for financial reconciliation;
5.26.21 CC FC status v2.xlsx 5/26/21 2:10 PM
29 CFC_031557 OSF Resources 5/7/20 2:08 PM
30 CFC_032766
Change Request Change Control 23
Project Schedule Amendment No. 1
SIGNED.pdf 12/2/20 8:01 PM
31 CFC_034347; CFC_034352
FW: OASIS SUMMARY; 8697 Summary
of Change Requests 20201030.xlsx 11/1/20 10:27 PM
32 CFC_039134 RE: Geographical Cycles 4/1/19 5:19 PM
33 CFC_041678
2019 Oct 14 Change Control 005_Credit
Card Voids Final - Lori.docx.pdf 4/21/20 2:22 AM
34 CFC_042457
FW: Advance look at Broadband
Address roll-outs 11/6/19 11:51 PM
2
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 3 of
29
35 CFC_044117
Change Request, Change Control 27,
Additional Utilities 1st Level
Support.pdf 2/10/21 8:05 PM
36 CFC_044927; CFC_044928
TMG Assessment Report Final 4-14-
21.pdf; Information Gathering
Summary 4/15/21 12:59 AM
37 CFC_046330 RE: Pending Change Controls 5/14/21 6:20 PM
38 CFC_046644
Requisition for Sandbox
Environment.xlsx 6/8/20 2:50 PM
39 CFC_046746 Broadband CIS Team Homework 12/19/17 10:18 PM
40 CFC_047672; CFC_047673
PCR (CC) Hours Act./Billed; 5.26.21 CC
FC status v2.xlsx 5/27/21 6:07 PM
41 CFC_048315
Amendment 1 8697
2020.05.26_Open.pdf 6/2/20 4:05 PM
42 CFC_049896
RE: Amendment 1 - Open International -
DocuSign Approval Requested 6/2/20 5:39 PM
43 CFC_050390
IMPORTANT: Question about
Conversion and Migration and the
OASIS Schedule Impacts 11/21/19 5:34 PM
44 CFC_051610; CFC_051613
[EXTERNAL] Oasis Reset Proposal; Oasis
Project Reset Proposal 06_28_21.pdf 6/29/21 12:27 AM
45 CFC_052566; CFC_052567
RE: ACTION: Draft Decision MEMO to
approve OnSite Support from OPEN;
Adsfasd fa asdf asd asds 1/28/20 10:14 PM
46 CFC_053108 RE: Oasis Reboot 5/18/20 3:16 PM
47 CFC_055153; CFC_055154
Minutes: 7/31 - OASIS Executive
Steering Committee; 2019 Jul 31
Priority OASIS Executive Steering
Committee Minutes Revised 3.docx 8/2/19 11:56 PM
48 CFC_055800 RE: PM RFP 5/22/18 8:33 PM
49 CFC_055874; CFC_055875
[EXTERNAL] Fwd: OASIS summary;
OASIS.docx 9/28/20 2:58 PM
3
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 4 of
29
50 CFC_056121; CFC_056122
IMPORTANT - OASIS Executive Steering
Committee Agenda; OASIS Executive
Steering Committee Agenda -
120619.docx 12/6/19 5:51 AM
51 CFC_056347
Signed Change 1 Training Resource 11-1-
18.pdf 11/9/18 8:10 PM
52 CFC_056383; CFC_056384
FW: Oasis Project Status Reports;
Project Status Report 5/20/19 8:05 PM
53 CFC_056439
2019 Aug 30 Project Change Request
004.pdf 11/2/20 3:25 PM
54 CFC_061694; CFC_061697
IMPORTANT - Executive Steering
Committee Agenda; OASIS Project
Team Mtg 73019 Final.docx 7/31/19 1:27 AM
55 CFC_062449; CFC_062451
For our discussion today; 2020-01
Project Delay Causes v5.xlsx 3/5/20 2:52 PM
56 CFC_063162; CFC_063163
RFP for consulting services; DRAFT Fort
Collins RFP for CIS Implementation
Consulting Services v2.docx 1/24/18 9:03 PM
57 CFC_064225 RE: Check-In on RFP Process 11/14/17 10:13 PM
58 CFC_067987
RE: Additional resource for Billing
system project 1/28/20 1:57 AM
59 CFC_068078; CFC_068080
FW: 8719 RFP for CIS/OSS Consultant;
RFP for CIS Consulting Services lc 3-19-
18 PJ.docx 3/22/18 2:14 PM
60 CFC_068464 RE: Feedback from Tech Support Team 9/5/19 11:56 PM
61 CFC_071426; CFC_071428
UPDATE: ACTION - CIS/OSS Staffing
Memo Draft; M E M O R A N D U M 3/28/18 12:27 AM
62 CFC_071931
FW: FW: Billing/accounting project
resource for CIS/OSF migration 2/20/20 12:29 AM
63 CFC_075363
RE: HELP - RE: Feedback on CIS
Implementation 10/4/19 1:01 PM
4
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 5 of
29
64 CFC_076540
Fwd: HELP RE: Project extension change
control 5/4/20 6:47 PM
65 CFC_076902
Change Request, Change Control 26,
Supplemental Conversion and
Migration Services.pdf 4/15/21 6:19 PM
66 CFC_077137 RE: CC28 Balance (February)4/14/21 2:57 PM
67 CFC_078269
Re: [EXTERNAL] OSF Weekly Project
Wrap Up 8.7.20 8/7/20 10:19 PM
68 CFC_078299 RE: Production Servers 8/29/18 9:57 PM
69 CFC_079257
RE: v1-FC-
ConnexionTaskList_01152021.xlsx 1/18/21 4:10 PM
70 CFC_079933
RE: HELP RE: Project extension change
control 5/4/20 6:24 PM
71 CFC_080119 11/15/20 3:11 PM
Email from Theresa Connor to Kevin
Wilkins, Travis Storin, and Coy Althoff re:
City staffing and resource obligations under
MSPA
72 CFC_080435 FW: CurrentStateOasis_4-29-2021.docx 4/30/21 9:43 PM
73 CFC_080989; CFC_080990 Oasis Reboot; PowerPoint Presentation 5/14/20 12:41 PM
74 CFC_082342 RE: System Testing 6/17/20 9:41 PM
75 CFC_082657 The Portal 9/3/19 10:56 PM
76 CFC_082875; CFC_082876
Retainage Review - OPEN/OASIS;
Retainage - BottomUp Open-Logan.xlsx 6/17/21 3:37 PM
77 CFC_083203 Fwd: approp for Open 4/13/20 10:47 PM
78 CFC_083372; CFC_083373
Project Summary and Timeline;
PowerPoint Presentation 5/22/19 12:09 AM
79
CFC_083424; CFC_083425;
CFC_083426
RE: Resources; Staffing Matrix; Staffing
Matrix 5/8/20 5:56 PM
80 CFC_083475 RE: CIS/OSS Org Structure 8/14/18 6:52 PM
5
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 6 of
29
81 CFC_084235; CFC_084236
Use this copy of PowerPoint; CIS/OSS
Due Diligence - Scorecard 5/24/18 5:39 PM
82 CFC_084390 FW: OASIS / Portal fixes 9/3/19 5:24 PM
83 CFC_084433; CFC_084434
v1-FC-
ConnexionTaskList_01152021.xlsx; v1-
FC-ConnexionTaskList_01152021.xlsx 1/18/21 5:15 AM
84 CFC_084447
Open and CoFC Memorandum of
Understanding Rev.1 03032021 FINAL
Fully Executed.pdf 3/3/21 11:37 PM
85 CFC_085150 RE: Impressed 6/4/20 7:52 PM
86 CFC_085271 5/3/21 9:32 PM
Email from Travis Storin to City employees
re: potential dispute
87 CFC_085695
Open response to project extension
notice_20201026.pdf 10/29/20 3:30 PM
88 CFC_087614 RE: Please help us right the ship 12/24/20 4:21 PM
89 CFC_087995 RE: Next RFP work session 1/3/18 7:30 PM
90 CFC_089019 RE: Good Morning!9/3/19 2:56 PM
91 CFC_089570 Feedback on Vacations CIS/OSS 7/11/18 3:16 PM
92 CFC_090403
RE: URGENT - REDIRECTION WITH Matt
S. for Billing 8/25/20 4:28 PM
93 CFC_090490 RE: Resources starting next week 5/21/21 3:42 PM
94 CFC_093005 RE: INFO - Broadband CIS/OSS Staffing 3/2/18 2:07 AM
95 CFC_093460 RE: Coy's QPA 1/13/21 1:35 AM
96 CFC_093491 Core Team Update 8/27/19 9:53 PM
97 CFC_095452 REVISED FW: CIS / OSS Project Staffing 5/29/18 5:30 PM
98 CFC_099218 RE: catch-up 8/5/20 8:36 PM
99 CFC_099930 11/16/20 2:59 PM
Email from Coy Althoff to Theresa Connor,
Kevin Wilkins, and Travis Storin regarding
City's resourcing of project
100 CFC_100301 5/3/21 8:19 PM
Email from Gerry Paul to Travis Storin re:
MPSA procedure for disputes
6
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 7 of
29
101 CFC_100747; CFC_100749
Fwd: RE: Configuration Deliverables
Proposal; Plan de Puesta en Producción 11/2/20 4:58 PM
102 CFC_101171
02-16-21 Weekly Project and
Functional Mgmt - MINUTES.docx 3/2/21 8:59 PM
103 CFC_101785
02-22-21 Weekly Project and
Functional Mgmt - MINUTES.docx 3/2/21 8:58 PM
104
CFC_102292; CFC_102293;
CFC_102299
OASIS Status Report - 4/19/19; Project
Status Report; BB Outstanding Issues
for Configuration v. 6 4-19-19.xlsx 4/22/19 5:50 PM
105 CFC_102421; CFC_102423
RE: Open Discussion Outline; Open
International Discussions GP LCR.docx 6/12/18 10:51 PM
106 CFC_102678; CFC_102679
FW: FCollins PaaS Managed Services
Proposal_01_30_21.pdf; FCollins PaaS
Managed Services
Proposal_01_30_21.pdf 4/29/21 3:17 PM
107 CFC_103158; CFC_103159
ACTION - Draft Open Letter on
Payment; BB Go-Live Open Payment
Letter.docx 10/4/19 5:11 AM
108 CFC_103946; CFC_103951
IMPORTANT - OASIS Executive Steering
Committee Agenda; OASIS Executive
Steering Committee Agenda -
102819.docx 10/28/19 5:58 PM
109 CFC_106638; CFC_106639
OASIS Steering Committee Minutes 4-
22-19; OASIS Steering Committee
Minutes - 4-22-19.docx 4/22/19 8:44 PM
110 CFC_107251 Lori QPA.docx 10/28/20 7:07 PM
111 CFC_109871
RE: Fort Collins Utilities Meeting
Summary 11/18/19 2:55 PM
112 CFC_110452; CFC_110454
RE: DND: REVIEW - City Negotiation
Strategy; OASIS PROJECT 3/29/20 4:44 PM
7
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 8 of
29
113 CFC_111875; CFC_111876
IMPORTANT - OASIS Executive Steering
Committee Agenda; OASIS Executive
Steering Committee Agenda -
111819.docx 11/18/19 4:25 PM
114 CFC_113576; CFC_113577
Fort Collins Broadband Go Live
Milestone; Interview Letter 10/16/19 11:39 PM
115 CFC_114232 Adsfasd fa asdf asd asds 4/20/18 6:20 PM
CFC instructions to vendors for
presentation of CIS/OSS
116 CFC_114951
Realize Your Potential: City of Fort
Collins 10/28/20 6:43 PM
117 CFC_116502 RE: OASIS / Portal fixes 9/13/19 3:44 AM
118 CFC_117799
[EXTERNAL] OASIS Project Status
Update 5/20/21 2:51 PM
119 CFC_119487
20201020_Response to FC Renewal
Letter communication.pdf 10/20/20 7:03 PM
120 CFC_119556 CIS/OSS Due Diligence - Scorecard 5/25/18 5:33 PM
121 CFC_119608; CFC_119609
Oct. 8 Executive Steering Committee
Agenda Notes with Next Actions; OASIS
Executive Steering Committee Agenda
Notes - 100819.docx 10/15/19 12:57 AM
122 CFC_120440
Signed Open Master Professional
Services Agreements
CONFIDENTIAL.pdf 3/20/20 6:50 PM
123 CFC_120853; CFC_120854
OASIS weekly status report; Project
Status Report 10/31/19 12:37 AM
124 CFC_122304; CFC_122305
Draft Memos on MPSA, Risks, and
Budget Recommendations; CFC Memos
Liability Risk Budget.docx 1/23/20 6:01 PM
125 CFC_122732; CFC_122733
RE: Fort Collins Broadband Go Live
Milestone; Broadband Go-Live
milestone_response_20191021.pdf 10/21/19 7:33 PM
126 CFC_133616; CFC_133617
Notes from today's discussion re Open
Contract; Open Contract
Discussions.20201102.docx 11/2/20 6:14 PM
8
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 9 of
29
127 CFC_136484
2020 Jun 10 CC_17_CFC_Integrations
descope_.pdf 11/17/20 12:37 AM
128 CFC_138119 Open MPSA Rate Schedule 11/10/20 10:54 PM
129 CFC_139960 RE: Fort Collins CIS Update 2/14/18 6:12 PM
130 CFC_140500
RE: REVIEW - Open Negotiations
Summary March 6 3/10/20 5:26 PM
131 CFC_141239; CFC_141352
Re: RFP materials for Monday; Staffing
Matrix 11/23/17 2:37 AM
132 CFC_144278; CFC_144279
RE: URGENT - OASIS Project Meeting
Summary; OASIS Project Team Mtg
73019 Draft_commentsOpen.docx 7/31/19 12:17 AM
133 CFC_148568 RE: first Live Production batch posted! 10/3/19 11:58 PM
134 CFC_148573 FW: Relevant topics 4/16/20 6:12 PM
135 CFC_148603; CFC_148605
FW: 8697 Comprehensive Solution for a
CIS/Broadband System - evaluation
form for SMEs and schedule;
Demonstration Agenda 041318
Open.xlsx 4/26/18 5:01 PM
136 CFC_149112 Re: Feedback 12/26/18 5:15 PM
137 CFC_149623; CFC_149624
RE: Project status report; Project Status
Report 8/14/19 9:44 PM
138 CFC_155696
RE: Working through anticipated Open
costs 11/24/20 10:27 PM
139 CFC_162806; CFC_162807
[EXTERNAL] Monthly Support Report
(August); Operational Report City of
Fort Collins (2020 - Aug - 12).pdf 8/13/20 1:31 PM
140 CFC_162942
2020 Jun 10 CC_15_CFC_RFP
Descope.pdf 7/20/20 2:19 PM
141 CFC_165690
Change Request, Change Control 8,
Onsite Production Support Engineer.pdf 7/8/20 5:21 PM
9
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 10
of 29
142 CFC_166853; CFC_166854
FW: REVIEW: DRAFT minutes; OASIS
Steering Committee Minutes -5-22-
19.docx 11/4/19 5:34 PM
143 CFC_169163
Critical Decision: Broadband
integrations 8/28/18 8:56 PM
144 CFC_170161 RE: Today Meeting 11/25/20 12:24 AM
145 CFC_170247 RE: Best and Final Offer 4/30/18 3:27 AM
146 CFC_171319; CFC_171320
FW: Portal question; RE: Portal
mockups 3/25/21 10:01 PM
147 CFC_191533 [EXTERNAL] Functional Matrix Update 4/26/21 11:27 PM
148 CFC_192037; CFC_192039
BB pitch / staffing plan & 2018 budget;
PowerPoint Presentation 1/30/18 1:08 AM
149 CFC_192479 FC Change Control #2_32119.pdf 9/11/19 8:03 PM
150
CFC_195765; CFC_195767;
CFC_195768
FW: REVIEW ACTION - Open Letter on
Milestone Payment Final Draft; BB Go-
Live Open Payment Letter Final Draft
GP FINAL.docx; Outstanding Broadband
Items 10-9-19.docx 10/9/19 2:47 PM
151 CFC_196067; CFC_196068
Re: AgendaFC-
OpenLeaders12.16.2020.docx; Project
Meeting Agenda Template 12/17/20 5:06 PM
152 CFC_199671; CFC_199672
RE: Today Meeting; Project Delay
Causes LC 11-19-19.xlsx 11/20/19 3:16 PM
153 CFC_200197
RE: IMPORTANT - Executive Steering
Committee Agenda 7/31/19 6:36 PM
154 CFC_202188; CFC_202189
CIS/OSS Status Report; FC
Project_Status_Report_8-21-18 to 9-13-
18 .docx 9/13/18 5:49 PM
155 CFC_203051; CFC_203053
RE: Impacts of Changes to the Product
Catalog; Product Catalog Changes Over
Time.xlsx 12/3/19 10:51 PM
156 CFC_205294 11/14/20 12:05 AM
Email from Travis Storin to Theresa Connor,
Kevin Wilkins, and Coy Althoff re: WBS
10
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 11
of 29
157 CFC_205465 3/5/21 3:46 AM
Email from Coy Althoff to Travis Storin,
Theresa Connor, Colman Keane, and Kevin
Wilkins re: call with Hernando Parrott and
Juan Pablo Nunez
158 CFC_205651 10/27/20 12:58 AM
Email from Kevin Wilkins to Theresa
Connor and Travis Storin re project
159 CFC_206711
Re: Update on 2021 Oasis Budget
discussion 6/22/20 2:26 PM
160 CFC_208433; CFC_208436
FW: Input for financial reconciliation;
5.25.21 CC FC status.xlsx 5/26/21 12:18 AM
161 CFC_209627; CFC_209628
info for governance consultant;
Broadband Business Plan - Version
III.docx 2/3/18 6:42 PM
162 CFC_211053; CFC_211054
DRAFT memo; OASIS Project Transition
Memo 9-3-19 DRAFT V.1.doc 9/4/19 2:25 PM
163 CFC_211273; CFC_211277
CONFIDENTIAL FW: UPDATE - OASIS
Project Understanding; MPSA
excerpts.docx 2/21/20 7:10 PM
164 CFC_211278; CFC_211280
Introductory Meeting - GLDS and the
City of Fort Collins;
IntroductoryPlanB_5.21.21.pdf 5/20/21 10:16 PM
165 CFC_211805; CFC_211809
CIty Response Project Schedule Change
Notice 20201015.pdf; CC-0XX-CFC-
Project Schedule adjustments (New Go-
live date) v1 (002).pdf 10/15/20 10:25 PM
166 CFC_211956
RE: Draft Email Communication - OASIS
All Hands 4/20/21 1:29 PM
167
CFC_211973; CFC_211974;
CFC_211976
OASIS Steering Committee Minutes and
Attachments; BB Outstanding Issues 4-
29-19.xlsx; OASIS Steering Committee
Minutes - 4-30-19.docx 4/30/19 7:54 PM
11
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 12
of 29
168 CFC_212112; CFC_212113
OASIS Project Changes Presentation -
Recording and Slide Deck; PowerPoint
Presentation 4/23/21 10:11 PM
169 CFC_212175; CFC_212176
AGENDA: PRIORITY: August 27 OASIS
Executive Steering Committee; OASIS
Executive Steering Committee Agenda -
082719.docx 8/26/19 7:33 PM
170 CFC_212304; CFC_212305
AGENDA: PRIORITY: August 14 OASIS
Executive Steering Committee; OASIS
Executive Steering Committee Agenda
Notes - 081419.docx 8/13/19 4:43 PM
171 CFC_213039; CFC_213041
[EXTERNAL] RE: Resource Plan from
Open; Staffing Matrix 6/3/21 9:23 PM
172 CFC_213555; CFC_213579
9327 Project Management CIS OSS
20210421.pdf; Microsoft Word - TMG
COFC CIS-OSS PM Services Proposal 5-
10-21 vF.docx 5/11/21 7:00 PM
173 CFC_214227; CFC_214236
RE: OASIS/OSF IT Weekly Meeting
2021.04.28; OASIS Stabilization New
Org Chart w Open-20210503.pdf 5/3/21 5:48 PM
174
CFC_215047; CFC_215049;
CFC_215062; CFC_215063
[EXTERNAL] FW: Response to Email re:
Conversion/Migration Services of
10/15; Conversion_Migration-
Response_GPAUL_10_20_20.pdf;
suggested conversion responsibility
breakouts_Open_Fort
Collins_06_17_18 _em(1).xlsx;
Attachment. Conversion
Emails_10_20_20.pdf 10/21/20 1:05 AM
175 CFC_215106 CurrentStateOasis_4-29-2021.docx 7/11/22 6:00 PM
12
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 13
of 29
176
CFC_215361; CFC_215363;
CFC_215364; CFC_215365
RE: Info needed for exec session; CIS
OSS Funding Summary -
05.12.2021.xlsx; Summary of Open
Change Requests - 03.04.21 (003).xlsx;
Executive Session Input.xlsx 5/13/21 11:30 PM
177 CFC_215913; CFC_215915
RE: Oasis Status Meeting:
Mihelich/Rosintoski/Clements/Gertig/K
eane/Sawyer/McKinney; OASIS Status
Update Memo and Attachments 10-16-
19.pdf 10/16/19 10:55 PM
178 CFC_217096
Open International Invoice Status 2022-
07-19.xlsx 7/28/22 4:39 PM
179 CFC_219553; CFC_219554
RE: OASIS Project Changes; ca
commentsOASIS Project Changes
(002).docx 3/24/21 6:43 PM
180 CFC_219660
[EXTERNAL] RE: Open resources
continuity 6/2/21 3:06 PM
181 CFC_220101 Implementation Cost 9/13/22 8:14 PM
182 CFC_220677
Instant message conversation between
Hernando Parrott and Travis Storin re:
action items
183 CFC_220684
Instant message conversation between
Hernando Parrott and Travis Storin re:
Broadband smart sheet
184 CFC_220701
Instant message conversation between
Hernando Parrott and Travis Storin re:
scheduling small table talk
185 CFC_220781; CFC_220783
ACTION - Open Letter on Milestone
Payment Final Draft; Interview Letter 10/16/19 12:45 AM
186 CFC_220821; CFC_220822
DND Confidential - Open Negotiation
Strategy Document; OASIS PROJECT 3/30/20 1:41 PM
13
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 14
of 29
187
CFC_220854; CFC_220859;
CFC_220860; CFC_220863
RE: Old PR's; OPEN Ammendment 1
Correction Needed.xlsx; Blank
Requisition.xls; 9211008.pdf 6/25/21 2:33 PM
188 CFC_221054
[EXTERNAL] RE: Canceled: Daily TMG
Debrief Touchpoint 3/25/21 11:18 PM
189 CFC_221263
TMG Touch Point Analysis of Demo 3-7-
21.xlsx 3/24/21 11:21 PM
190 CFC_221574 Interviews-GerryPaul.docx 11/11/22 12:25 AM
191 CFC_221585 Interviews-MonaWalder.docx 11/11/22 12:25 AM
192 CFC_221588
Summary of SG invoiced hours and fees
as of 111422.pdf 11/14/22 9:47 PM
193 CFC_221591
RE: Ft. Collins v Open Int'l litigation
matter 8/17/22 5:32 PM
194 CFC_221597 Inv. 519937 083122.pdf 11/16/22 4:46 PM
8/31/2022 Seigneur Gustafson LLP bill to
Dorsey & Whitney
195 CFC_221599 Inv. 520083 102722.pdf 11/16/22 4:46 PM
10/27/2022 Seigneur Gustafson bill to
Dorsey & Whitney LLP
196 CFC_221602 Inv. 520152 111422.pdf 11/16/22 4:46 PM
11/14/2022 Seigneur Gustafson LLP bill to
Dorsey & Whitney LLP
197 CFC_222885; CFC_222887
RE: ACTION: Budget Recommendations
Memo; Adsfasd fa asdf asd asds 1/29/20 8:18 PM
198 CFC_222945; CFC_222948
RE: Action Requested - Documentation
of Acceptance of OASIS for Connexion;
Adsfasd fa asdf asd asds 3/22/21 8:48 PM
199 CFC_223027
[EXTERNAL] Interesting Interview -
Project Summary 4/24/21 7:54 PM
200 CFC_223032
[EXTERNAL] RE: City Broadband
Background TMG Highlights 2-25-21 2/25/21 10:52 PM
14
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 15
of 29
201
CFC_223060; CFC_223070;
CFC_223071
RE: RE: CIS PM RFP & Proposals -
Confidential; Cost Matrix; Att A
Functional Matrix - FOR PUBLIC
VIEWING.XLSX 3/10/21 8:10 PM
202 CFC_223085 Re: contract acceptance language 3/22/21 2:31 AM
203 CFC_223164
FW: [EXTERNAL] RE: TMG SOW for CIS
Assessment 1/25/21 4:46 PM
204 CFC_223235; CFC_223236
[EXTERNAL] OPEN Master Professional
Services Agreement Galluzzi Highlights
2-28-21; OPEN Master Professional
Services Agreement Galluzzi Highlights
2-28-21.docx 3/1/21 12:10 AM
205 CFC_223339 RE: contract acceptance language 3/20/21 4:07 PM
206 CFC_223349; CFC_223350
[EXTERNAL] City Broadband
Background TMG Highlights 2-25-21;
City Broadband Background TMG
Highlights 2-25-21.docx 2/25/21 10:24 PM
207 CFC_223401 RE: Functional Matrix Update 4/27/21 12:23 PM
208 CFC_223430; CFC_223431
[EXTERNAL] Initial Draft of Report;
Information Gathering Summary 3/26/21 6:47 AM
209 CFC_223750
RE: OASIS Change Management
Analysis 4/16/21 4:00 PM
210 CFC_223753; CFC_223756
RE: CIS PM RFP & Proposals -
Confidential; 8719 Experienced Project
Manager to Implement a Utility CIS
OSS System 061318 2/25/21 3:18 PM
211 CFC_223783; CFC_223785
[EXTERNAL] Oasis | Project Risks and
Recommendations - Update; Colorado
Area Office Letterhead 12/14/20 5:45 AM
212 CFC_223989 2/11/21 5:13 PM
Email from Coy Althoff to Travis Storin,
Theresa Connor, Colman Keane, and Kevin
Wilkins re: TMG assessment
15
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 16
of 29
213 CFC_225143; CFC_225144
ACTION: Review V2 of CONFIDENTION
Risk Management Memo; Adsfasd fa
asdf asd asds 2/12/20 10:45 PM
214 Cloud 1-000001 Combined BATES.pdf 5/16/22 9:19 AM
215 Cloud 1-000004
fort_collins_is_starting_to_deliver_non-
traditional_utility_services_with_a_cis_
cloud_solution (720p).mp4 5/16/22 11:17 AM
216 Milestone_024622 Fwd: Conversations today 1/12/19 3:57 AM
217
Milestone_025654;
Milestone_025655
FC Issue List Review; Functional Issue
List FC.xlsx 12/17/20 5:11 PM
218
Milestone_133242;
Milestone_133243
Fw: Fort Collins survey results;
Fort_Collins_Final18012019.PPTX 1/18/19 10:57 PM
219
Milestone_158051;
Milestone_158052
REVIEW: DRAFT OASIS status report; FC
Project_Status_Report_ 4-30-19 to 5-6-
19 DRAFT.docx 5/6/19 9:48 PM
220 Open_Intl_00000036
Ft Collins Letter to Open International -
May 28 Notice of Default and Dispute
FINAL.pdf 5/28/21 3:19 PM
221 Open_Intl_00000046 Fort Collins Letter.pdf 1/1/00 4:00 AM
222 Open_Intl_00006529
02-08-21 Weekly Project and
Functional Mgmt - MINUTES.docx 2/25/21 6:12 PM
223 Open_Intl_00006536
03-01-21 Weekly Project and
Functional Mgmt - MINUTES.docx 3/15/21 1:31 PM
224 Open_Intl_00006552
03-15-21 Weekly Project and
Functional Mgmt - MINUTES.docx 3/15/21 10:31 AM
225 Open_Intl_00006757
OASIS Project Changes and Updates-
20210423_130108-Meeting
Recording.mp4 11/8/21 10:34 AM
226 Open_Intl_00022080
06.30.21 OASIS Leadership Update
Meeting MINUTES.docx 6/30/21 5:07 PM
227 Open_Intl_00022083
06.08.21 OASIS Leadership Update
Meeting MINUTES.docx 6/9/21 3:14 PM
16
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 17
of 29
228 Open_Intl_00022091
RFC-0X Change controls
consolidation.docx 6/3/21 10:46 AM
229 Open_Intl_00022104
20210702 Weekly Status Report -
Executives.docx 7/2/21 8:40 AM
230 Open_Intl_00022109
20210604 Weekly Status Report -
Executives.docx 6/4/21 12:13 PM
231 Open_Intl_00022114
20210528 Weekly Status Report -
Executives.docx 6/1/21 1:29 PM
232 Open_Intl_00022124
20210521 Weekly Status Report -
Executives.docx 5/30/21 7:01 AM
233
Open_Intl_00025136;
Open_Intl_00025137;
Open_Intl_00025139
E-commerce Review (Last Session) and
Portal Reviev (Session 1); 10-10-
19_CFC_Portal Review Session No.
1.docx; 10-09-19_CFC_E-commerce
Review Session No. 3.docx 10/18/19 10:41 AM
234 Open_Intl_00025142
10-03-19_CFC_E-commerce Review
Session No. 2.docx 10/7/19 11:20 AM
235 Open_Intl_00025145
10-02-19_CFC_E-commerce Review
(1).docx 10/2/19 5:10 PM
236 Open_Intl_00025147 FOR_CFC_e-commerce 11.7.19.docx 11/15/19 6:44 PM
237 Open_Intl_00025150 E-commerce Review 10.2.19.docx 10/2/19 1:35 PM
238 Open_Intl_00025152 E-commerce Review 10.3.19.docx 10/3/19 12:29 PM
239 Open_Intl_00025154
E-commerce Final Review
10.29.19.docx 10/29/19 11:09 AM
240 Open_Intl_00025156
Portal Upgrade-Downgrade Review
with Open 10.10.19.docx 10/10/19 10:28 AM
241 Open_Intl_00025158
E-commerce Final, Final Review
11.7.19.docx 11/7/19 2:28 PM
242 Open_Intl_00025160 Portal Review 10.18.19.docx 10/18/19 11:43 AM
243 Open_Intl_00025164 Portal Review 10.17.19.docx 10/18/19 9:36 AM
244 Open_Intl_00025165
One Bill Presentation Work Session, 12-
11-19.docx 12/11/19 3:56 PM
245 Open_Intl_00025171
One Bill Presentation Work Session,
part 2, 1-8-20.docx 1/8/20 3:57 PM
17
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 18
of 29
246 Open_Intl_00025188
Project Lead Team
Meeting_2018.12.18_v1.docx 12/19/18 3:48 PM
247
Open_Intl_00025595;
Open_Intl_00025596
2019 Aug 20 Executive Steering
Committee Minutes; 2019 Aug 20
OASIS Executive Steering Committee
Agenda Minutes .pdf 8/23/19 6:21 PM
248 Open_Intl_00025604
2019 Aug 14 OASIS Excutive Steering
Committee Meeting Minutes.pdf 8/22/19 3:33 PM
249 Open_Intl_00025617
OASIS Executive Steering Committee
Agenda - 090419.docx 9/3/19 10:42 AM
250 Open_Intl_00025636
OASIS Executive Steering Committee
Agenda Notes - 082019.docx 8/21/19 4:11 PM
251 Open_Intl_00025646
Executive Steering Committee Meeting
Minutes 1-16-19.docx 1/22/19 10:40 AM
252 Open_Intl_00025662
RE: OASIS E-Commerce Decision and
Next Actions 11/8/19 3:32 PM
253 Open_Intl_00025685
RE: Sept. 20 Executive Steering
Committee Agenda Notes with Next
Actions 9/26/19 8:06 PM
254 Open_Intl_00025728 OASIS Project Status Update 11/1/19 1:36 PM
255
Open_Intl_00025762;
Open_Intl_00025763
Memo for 10-3-19 Meeting; OASIS
Broadband Update 10-3-19.pdf 10/3/19 9:50 AM
256 Open_Intl_00025779
OASIS Steering Committee Minutes - 2-
20-19.docx 2/22/19 8:24 AM
257 Open_Intl_00025784
OASIS Steering Committee Minutes - 3-
6-19.docx 4/3/19 6:48 AM
258 Open_Intl_00025793 BB Outstanding Issues 4-29-19.xlsx 4/29/19 3:39 PM
259 Open_Intl_00025797
OASIS Steering Committee Agenda - 4-4-
19.docx 4/19/19 10:16 AM
260 Open_Intl_00025835
Re: Open Status on Alternative Go-Live
Date 6/11/19 12:56 PM
261 Open_Intl_00025846
Minutes from internal steering
committee meeting.pdf 7/22/19 5:04 PM
18
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 19
of 29
262 Open_Intl_00025849
OASIS Steering Committee minutes
6/4/19 6/5/19 11:36 AM
263 Open_Intl_00025861
OASIS Steering Committee Minutes - 7-
23-19.docx 7/23/19 9:56 PM
264
Open_Intl_00031839;
Open_Intl_00031841
FW: Completed: Please DocuSign: 2019
Nov 23 Sole Source Memo to CM 2019
(over $60K) - OASIS Project.docx; 2019
Nov 23 Sole Source Memo to CM 2019
(over $60K) - OASIS Project.docx.pdf 12/4/19 1:54 PM
265 Open_Intl_00031983 Scope Management Plan-pgs 1-24.pdf 11/6/18 11:34 AM
266 Open_Intl_00032025 Communications Management Plan.pdf 11/6/18 11:44 AM
267 Open_Intl_00032040 Risk Management Plan.pdf 11/6/18 11:45 AM
268 Open_Intl_00032051
Functional Extensions Management
Plan.pdf 11/6/18 11:36 AM
269 Open_Intl_00032061 Quality Management Plan.pdf 11/6/18 11:47 AM
270 Open_Intl_00032070 Cost Management Plan.pdf 11/6/18 11:36 AM
271 Open_Intl_00032077 Resources Management Plan.pdf 11/6/18 11:47 AM
272 Open_Intl_00032084 Change Control Methodology.pdf 11/6/18 11:46 AM
273 Open_Intl_00032091 Time Management Plan.pdf 11/6/18 11:46 AM
274 Open_Intl_00032401 OASIS Project Staffing 9.19.19.xlsx 9/19/19 12:52 PM
275 Open_Intl_00032422 OASIS Org Chart_10-2020.vsd 11/8/21 10:45 AM
276 Open_Intl_00032424 OASIS Org Chart_9-2020.vsd 11/8/21 10:45 AM
277 Open_Intl_00032425 CIS OSS Org Chart V7 w Open.vsd 11/8/21 10:45 AM
278 Open_Intl_00032427 CIS OSS Org Chart V11 w Open LC.vsd 11/8/21 10:45 AM
279 Open_Intl_00032430 CIS OSS Org Chart V7 w Open.pdf 11/7/18 4:10 PM
280 Open_Intl_00032433 OASIS Org Chart_10-2020.pdf 10/15/20 12:46 PM
281 Open_Intl_00032434 OASIS Org Chart_9-2020.pdf 9/25/20 11:10 AM
282 Open_Intl_00032436 CIS OSS Org Chart V11 w Open.pdf 12/10/19 12:34 PM
283 Open_Intl_00032437 CIS OSS Org Chart PDF 9-12-18.pdf 9/14/18 1:12 PM
284 Open_Intl_00034042 Functional Matrix_final.xlsx 3/8/18 9:19 AM
19
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 20
of 29
285 Open_Intl_00034443
OSF DecionRecord
FunctionalRFPDescoping FINAL
200323.docx 3/22/20 10:58 AM
286 Open_Intl_00034496
OASIS Internal MEMO CCT Budget
Recommendations FINAL 190129.docx 1/29/20 8:41 AM
287 Open_Intl_00034506
OASIS CFC Resource Requirements
FINAL191212 LCR.docx 12/17/19 12:25 PM
288 Open_Intl_00034542 Project Issues and Risks 200227.pdf 2/27/20 10:42 AM
289 Open_Intl_00034547 Project Summary Report 200227.pdf 2/27/20 10:42 AM
290 Open_Intl_00034551
OASIS DecionRecord MEMO
AddressingSDPApproach 200130.docx 1/30/20 3:59 PM
291
Open_Intl_00035574;
Open_Intl_00035575;
Open_Intl_00035580
OASIS Project status reports;
Broadband Project Progress and Status
Report - 6-13-19 .docx; FC
Project_Status_Report_ 6-13-19.docx 6/14/19 11:18 AM
292 Open_Intl_00035612
FC Project_Status_Report_ 1-5-19 to 1-
22-19 FINAL.docx 2/4/19 3:04 PM
293 Open_Intl_00035642
FC Project_Status_Report_ 3-16-19 to 3-
22-19 FINAL.docx 3/27/19 4:29 PM
294 Open_Intl_00035653
FC Project_Status_Report_ 3-23-19 to 3-
29-19 FINAL.docx 4/2/19 8:02 AM
295 Open_Intl_00035689
FC Project_Status_Report_ 12-12-18 to
1-4-19.docx 1/7/19 3:31 PM
296 Open_Intl_00035708
FC Project_Status_Report_ 10-6-18 to
10-12-18.docx 10/16/18 9:54 AM
297 Open_Intl_00035718
FC Project_Status_Report_ 4-20-19 to 4-
29-19 FINAL.docx 4/30/19 3:02 PM
298 Open_Intl_00035733 FC Project_Status_Report_ 6-6-19.docx 6/7/19 3:52 PM
299 Open_Intl_00035737
FC Project_Status_Report_ 7-25-19
Final.docx 7/29/19 1:16 PM
300 Open_Intl_00035766
Project Progress and Status Report - 6-3-
19.docx 6/3/19 6:31 PM
20
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 21
of 29
301 Open_Intl_00035805
FC Project_Status_Report_ 10-29-18 to
11-4-18.docx 1/31/19 11:43 AM
302 Open_Intl_00035810
FC Project_Status_Report_ 12-1-18 to
12-11-18.docx 1/31/19 11:45 AM
303 Open_Intl_00035825
FC Project_Status_Report_9-17-18 to 9-
28-18_final.docx 1/31/19 11:46 AM
304 Open_Intl_00035829
FC Project_Status_Report_ 11-12-18 to
11-30-18.docx 1/31/19 11:44 AM
305 Open_Intl_00077510
Final Operational Report FC (2021 - July
6th).pdf 7/12/21 9:15 AM
306
Open_Intl_00078639;
Open_Intl_00078665
20210702_FC_Project_Status
Report.docx;
Microsoft_Excel_Worksheet.xlsx 7/6/21 5:37 AM
307 Open_Intl_00082888 20190729 governance (2).pdf 11/22/21 2:27 AM
308 Open_Intl_00082890
20190801 Hernando's clarification on
FC responsibilities (1).pdf 11/22/21 1:48 PM
309 Open_Intl_00082929
CC-24-CFC-Project Schedule
adjustments (System testing Initiation)
v4 (1).pdf 8/11/20 2:49 PM
310 Open_Intl_00083024
FC Project_Status_Report_ 1-5-19 to 1-
22-19 FINAL.docx 1/25/19 8:30 AM
311 Open_Intl_00083040
FC Project_Status_Report_ 2-6-19 to 2-
13-19 FINAL_db.docx 2/13/19 6:09 PM
312 Open_Intl_00083049
FC Project_Status_Report_ 2-9-19 to 2-
28-19 FINAL.docx 2/28/19 2:05 PM
313 Open_Intl_00083058
FC Project_Status_Report_ 2-20-19
FINAL_db.docx 2/21/19 6:58 AM
314 Open_Intl_00083078
FC Project_Status_Report_ 3-4-19 to 3-
7-19 .docx 3/7/19 12:47 PM
315 Open_Intl_00083088
FC Project_Status_Report_ 3-9-19 to 3-
15-19 DRAFT_db.docx 3/20/19 12:05 PM
316 Open_Intl_00083134
FC Project_Status_Report_ 3-30-19 to 4-
12-19 FINAL.docx 4/12/19 11:31 AM
317 Open_Intl_00084109 Proposal_OPEN.pdf 3/14/18 2:10 PM
21
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 22
of 29
318 Open_Intl_00089471
20210604 Open resources
continuity.pdf 11/29/21 10:45 AM
319 Open_Intl_00090576
Inv_1845_from_Open_International_LL
C_20191105.pdf 11/5/19 9:23 AM
320
Open_Intl_00100926;
Open_Intl_00100927
Fw: Staffing matrix; SOW annex Staffing
Matrix.xlsx 5/29/18 8:44 PM
321
Open_Intl_00107722;
Open_Intl_00107723
RE: Risk Matrix; Risk management
matrix template 8-22-18.xlsx 8/22/18 11:14 AM
322 Open_Intl_00110148 RE: Fort Collins Project Kick-off 9/10/18 3:30 PM
323 Open_Intl_00114074
FC Project_Status_Report_ 10-13-18 to
10-21-18.docx 10/24/18 1:48 PM
324 Open_Intl_00115238 RE: Good demo - more work to do 11/7/18 4:18 PM
325
Open_Intl_00118349;
Open_Intl_00118350
RV: Managing Observations;
PLA_SolutionScopePresentationClosure
v1.docx 12/21/18 5:49 AM
326 Open_Intl_00118399 001.pdf 12/26/18 12:10 PM
12/20/2018 meeting minutes regarding
solution scope presentation
327 Open_Intl_00124806 Fwd: Project Status report for Ft. Collins 3/1/19 5:01 AM
328 Open_Intl_00129504 Self Service Portal 3/28/19 7:25 AM
329 Open_Intl_00129846
RE: Conversation w/Colman and week
highlights 4/1/19 3:08 PM
330 Open_Intl_00135282
20190605_Schedule_Fort Collins
Project Plan v2.4_db.mpp.mpp 6/6/19 11:17 AM
331
Open_Intl_00159420;
Open_Intl_00159421
Re: Spreadsheet; Project Delay
Causes.xlsx 11/19/19 10:23 AM
332
Open_Intl_00159697;
Open_Intl_00159699;
Open_Intl_00159700
Re: Quick Talk; Project Delay Causes 11-
22-19.xlsx; Incidente reported before
BB Go-Live.xlsx 11/22/19 2:43 PM
333
Open_Intl_00159771;
Open_Intl_00159772
OASIS Weekly Status Report; FC
Project_Status_Report_ 11.22.19
LC.docx 11/22/19 9:23 AM
334 Open_Intl_00165919 RE: Support on doubts (new service)1/29/20 1:22 PM
22
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 23
of 29
335
Open_Intl_00166127;
Open_Intl_00166128
FW: FC Delay position; OASIS Internal
MEMO DRAFT Contract Evaluation
200127.docx 2/3/20 9:52 AM
336 Open_Intl_00167228 Estimated Impacted 2/10/20 8:48 PM
337
Open_Intl_00169233;
Open_Intl_00169235
Re: Background for our contract review
discussion; 2020-01 Project Delay
Causes v5.xlsx 2/27/20 8:46 AM
338 Open_Intl_00170168
Project Management Folder on CFC
Sharepoint 3/8/20 4:47 PM
339 Open_Intl_00170560 RE: Friday´s Meeting Conclusions 3/10/20 5:29 PM
340
Open_Intl_00170872;
Open_Intl_00170873
Spreadsheet; 2020-03 Project Delay
Causes v6 MFrey.xlsx 3/12/20 8:18 AM
341 Open_Intl_00170874 CFC: Delay Impact Agreement 3/12/20 2:30 PM
342 Open_Intl_00172629 CC-009-CFC_Customization.pdf 3/26/20 3:21 PM
343 Open_Intl_00179478 Re: Relevant topics 4/27/20 1:47 PM
344 Open_Intl_00180413
CC-011-CFC_New broadband
configuration source.pdf 4/30/20 2:19 PM
345 Open_Intl_00182173 RE: OASIS Open Check-In Call 5/9/20 6:29 AM
346 Open_Intl_00184897
RE: Oasis - Critical Path and Milestone
Schedule Baseline 5/26/20 8:09 AM
347 Open_Intl_00186087 FW: System Testing initiaiton 6/1/20 9:25 AM
348 Open_Intl_00204094 Re: FW: Pending BCs and TCs 8/25/20 6:17 AM
349 Open_Intl_00210625 End Date for Cycle 2 9/18/20 5:49 PM
350 Open_Intl_00216179 RE: Lisa´s Call 10/9/20 5:07 PM
351 Open_Intl_00230574 PaaS managed services_v12.pptx 1/11/21 6:52 PM
352 Open_Intl_00233319 2-2-21 Notes PaaS Follow Up.docx 1/28/21 4:23 PM
353 Open_Intl_00236284 RE: Balance CC-030 1/30/21 12:06 PM
354 Open_Intl_00238503
Change Request, Change Control 30,
Additional IT Support (CC 14 Ext).pdf 2/10/21 3:15 PM
355
Open_Intl_00248291;
Open_Intl_00248292
RV: CC28 Balance (February);
20210206_CFC_ Invoice Request-
PO_9184858_CC-028_Feb2021 (2).xlsx 4/14/21 8:00 AM
356 Open_Intl_00252185 FW: System testing plan for Utilities 5/11/21 2:40 PM
23
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 24
of 29
357
Open_Intl_00252263;
Open_Intl_00252289;
Open_Intl_00252291;
Open_Intl_00252292;
Open_Intl_00252293;
Open_Intl_00252314
System testing plan (Guidelines).pdf;
Functiona MAtrix Review request.pdf;
Functional Matrix with BC - TC
delivery.pdf; Open BC-TC delivery.pdf;
ST Prerrequisites Status.pdf; System
testing plan (Guidelines).pdf 5/11/21 4:43 PM
358 Open_Intl_00255091
Weekly report and minute to formilize
change controls consolidation 6/4/21 9:20 AM
359 Open_Intl_00264064
RFP - Fort Collins - Final (Client Format)
[03-MAR-2018]3/7/18 4:14 PM
360 Open_Intl_00280490
RE: Open-Fort Collins Master
Professional Services Agreement 8/7/18 1:40 PM
361 Open_Intl_00300426
CC-01-Signed Change Control Training
Resource.pdf 11/13/18 11:38 AM
362 Open_Intl_00315501
CC-03-CFC_OSF Sandbox environment
to use for training and
configuration.pdf 9/4/19 4:07 PM
363 Open_Intl_00315503
CC-04-CFC_SAO 469869 Self-services
portal improvements e-Commerce.pdf 9/4/19 4:07 PM
364 Open_Intl_00318868 CC-07-CFC_Req 11/7/19 9:17 AM
365 Open_Intl_00323418
CC-08-CFC_On-site production support
engineer.pdf 2/11/20 7:56 AM
366 Open_Intl_00326020 CC-12-CFC_Tier1ProdSupport.pdf 3/25/20 10:49 AM
367 Open_Intl_00327789 RE: Relevant topics 4/16/20 12:35 PM
368 Open_Intl_00329015
CC-16_CFC_Broadband ONT
WiFi_Executed (1).pdf 5/27/20 1:48 PM
369 Open_Intl_00329902
CC-21_CFC_FC augmentation for
release testing Sirgned.pdf 6/19/20 7:24 AM
370 Open_Intl_00330018
CC-19-CFC_Additional eCommerce -
Executed.pdf 7/1/20 1:54 PM
371 Open_Intl_00330975 CC-22-CFC_Service Location.pdf 7/24/20 7:55 AM
372 Open_Intl_00332002
CC-18_CFC_FC Augmentation for
System Testing.pdf 8/12/20 8:53 AM
24
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 25
of 29
373 Open_Intl_00336943
CC-25-CFC-Extension of CC12-13 BB
Tier 1 Support.pdf 12/1/20 7:34 AM
374
Open_Intl_00337765;
Open_Intl_00337766
Open Memo Functional
Transmittal.pdf; Open Memo
Functional Transmittal.pdf 12/10/20 5:07 PM
375 Open_Intl_00343291 CC-09_CFC_Additional percentage.pdf 6/2/22 8:53 AM
376 Open_Intl_00343292
CC-10_CFC_Knowledge transfer on
notification tool.pdf 6/2/22 8:53 AM
377 Open_Intl_00343295
CC-27-CFC_Additional Utilities 1st Level
Support 1.pdf 6/2/22 8:54 AM
378 Open_Intl_00343297
CC-28-CFC_Broadband Augmentation
(25 Extension).pdf 6/2/22 8:54 AM
379
Open_Intl_00344983;
Open_Intl_00344985
Fw: Functional completion Xcel by %;
CFC Functional Matrix análisis BB Go-
live v2.xlsx 10/2/19 4:44 PM
380 Open_Intl_00345050
Cloud for Utilities Summit - Fort Collins
is starting to deliver non-traditional
Utility Services with a CIS Cloud
Solution.pptx 2/14/20 4:25 PM
381 Open_Intl_00357564 Data from SAO1.xlsx 7/6/22 1:05 PM
382 Open_Intl_00357577
Ft Collins Payments Aug 2018 - Apr
2021.pdf 9/18/22 7:49 PM
383 Open_Intl_00357579
Report_from_Open_International_LLC.
pdf 9/19/22 7:29 AM
384 Open_Intl_00367026
895abbd1-324b-4529-8a25-
1de219130123.pdf 6/2/20 5:46 PM
385 Open_Intl_00371434 Opinions Flowchart.pdf 12/17/22 5:43 AM
386 Open_Intl_00371435
Pages from Mapping Worksheet MEMO
- DRAFT 1 (003).pdf 12/23/22 8:22 AM
387 Open_Intl_00371439
Cat 5-8 - CFC Recission Damages
Table.xlsx 12/29/22 3:05 PM
388 Open_Intl_00371440
Summry of Sched C Discount Factor
Errors.xlsx 12/29/22 3:05 PM
25
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 26
of 29
389 TMG_000014
session_5a__delivering_traditional_and
_nontraditional_utilities_with_cis_clou
d_solution_2_45_pm_est (360p).mp4 5/18/22 11:55 PM
390 VANIR000031 VANIR000031.pdf 9/30/22 3:19 PM
January 28, 2020 email from Lisa Rosintoski
to Michelle Frey re: Draft Memos on MPSA,
Risks, and Budget Recommendations
391 VANIR000032 VANIR000032.pdf 9/30/22 3:21 PM
Draft Vanir Memos on Contract Status and
Change Request Position for OASIS Project,
CFC Risk Management, and 2021-2022
Budget Recommendations for OSF
392 VANIR000151 VANIR000151.pdf 9/30/22 3:20 PM
February 12, 2020 email from Michelle
Frey to Lisa Rosintoski re: ACTION: Review
V2 of CONFIDENTION Risk Management
Memo
393 VANIR000152 VANIR000152.pdf 9/30/22 3:21 PM
Memorandum re: OASIS Project: Risk
Management Issues and
Recommendations
394 VANIR000181 VANIR000181.pdf 9/30/22 3:21 PM
December 5, 2018 email from Brad Ward
to Dwayne Bishop, Lori Clements, Mona
Walder, and Edith Mercado re: Broad Band
Questions
395 VANIR000618 VANIR000618.pdf 9/30/22 3:19 PM
March 23, 2020 email from Eric Lahman to
Michelle Frey re: Memo on Internal Risks
and Recommendations
396 VANIR000619 VANIR000619.pdf 9/30/22 3:21 PM
Memorandum re: OASIS Project: Risk
Management Issues and
Recommendations
397 VANIR000884 VANIR000884.pdf 9/30/22 3:21 PM
November 11, 2020 email from Codi
Newsom to Andrew Amato re: Oasis
Report
398
2021.11.15 Collard to Swanson Letter
re third-party witnesses
26
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 27
of 29
399 2021.09.09 City Initial Disclosures
400 2022.6.14 Vidergar Declaration
401 2022.6.22 Frey Affidavit
402 2022.7.11 City Vanir Privilege Log
403 2022.7.11 City TMG Privilege Log
404
2022.8.4 City Responses to Second Set
of Discovery Requests, Rogs 11-12 and
RFAs 1-3, 7, 8 with Exs. A and B
405 2022.8.10 City Privilege Log
406
2022.9.19 City Responses to Third Set
of Discovery Requests, RFA 15,
407
https://reflect-vod-
fcgov.cablecast.tv/CablecastPublicSite/
show/1204?channel=1&seekto=15829
Beckstead June 2, 2020 presentation to
City Council
408
Any document identified in Appendix B
to John Hutchinson's affirmative expert
report, Appendix A to John
Hutchinson's rebuttal expert report,
John Hutchinson's erratum to rebuttal
expert report, and John Hutchinson's
supplement to expert reports
409
Figures, tables, charts, graphs, and/or
graphics identified in John Hutchinson's
affirmative expert report (Figures 3.1,
3.2, 3.3, 3.4, 4.1, 5.1, 5.2, 5.3, 5.4, 5.5;
Tables 3.1, 3.2), rebuttal expert report
(pp. 13, 18, 19), and erratum to
rebuttal expert report (p. 1)
410
Any document identified at pp. 31-34
of Peter Schulman's rebuttal expert
report or at p. 3 of Peter Schulman's
supplement to rebuttal expert report
27
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 28
of 29
411
Figures, tables, charts, graphs, graphics,
and exhibits identified in or attached to
Peter Schulman's rebuttal expert report
(Figures 1-9, Exhibits A-D), and
supplement to rebuttal expert report
(Exhibit A)
412
Any document on Plaintiff's Exhibit List,
without waiver of right to object to
such document
413
Any document the existence or
significance of which was not known at
the time of the filing of this Exhibit List
414
Any document necessary for rebuttal or
impeachment
415
Demonstrative exhibits to be identified
prior to trial
28
Open International LLC and Open Investments LLC
Proposed Trial Exhibit List
July 3, 2023
Case No. 1:21-cv-02063-CNS-SP Document 228-2 filed 07/03/23 USDC Colorado pg 29
of 29