HomeMy WebLinkAbout2020CV2192 - DONNA WALTER & MARK MILLIMAN V. GOVERNOR JARED POLIS, JEFFREY J. ZAYACH, TOM GONZALEZ, AND DARIN ATTEBERRY - 045A - EXHIBIT AFrom:Peter Baumann
To:mpatlan@patlanlaw.com
Cc:Grant Sullivan; "Ringel, Andrew D."; "Ruhland, Trina"; "John Duval"; "Hughes, David"
Subject:RE: Conferral - Walter v. Polis No. 20-cv-02192-RBJ (D. Colo.)
Date:Wednesday, June 2, 2021 12:42:00 PM
Mark,
Thank you again for getting back to us. In re-reading Judge Jackson’s practice standards I think we
should schedule a quick phone call to discuss our grounds for dismissal and why your clients believe
the case is not moot. We’re happy to discuss the authority on which we would lean, and would be
open to considering any authority you have for why the claims for declaratory and injunctive relief
are not mooted by the lack of a present, ongoing injury.
We are available tomorrow (Thursday) between 11 and 12:30, and then again after 2:00pm. Do
either of those windows work for you?
Looking forward to it,
Peter Baumann
From: Peter Baumann
Sent: Friday, May 28, 2021 12:15 PM
To: mpatlan@patlanlaw.com
Cc: Grant Sullivan <Grant.Sullivan@coag.gov>; 'Ringel, Andrew D.' <ringela@hallevans.com>;
'Ruhland, Trina' <truhland@bouldercounty.org>; 'John Duval' <jduval@fcgov.com>; 'Hughes, David'
<dhughes@bouldercounty.org>
Subject: RE: Conferral - Walter v. Polis No. 20-cv-02192-RBJ (D. Colo.)
Mark,
Thank you for getting back to us. We appreciate you passing along your client’s position.
Have a pleasant weekend as well.
Best,
Peter B
From: mpatlan@patlanlaw.com <mpatlan@patlanlaw.com>
Sent: Friday, May 28, 2021 10:14 AM
To: Peter Baumann <Peter.Baumann@coag.gov>
Cc: Grant Sullivan <Grant.Sullivan@coag.gov>; 'Ringel, Andrew D.' <ringela@hallevans.com>;
'Ruhland, Trina' <truhland@bouldercounty.org>; 'John Duval' <jduval@fcgov.com>; 'Hughes, David'
<dhughes@bouldercounty.org>
Subject: RE: Conferral - Walter v. Polis No. 20-cv-02192-RBJ (D. Colo.)
Peter,Exhibit A to
Defendants' Letter
June 4, 2021
Case 1:20-cv-02192-RBJ Document 45-1 Filed 06/04/21 USDC Colorado Page 1 of 3
Thanks for reaching out. Before I cut to the chase, I’d like to wish you all a pleasant Memorial
Day weekend. I spoke with the plaintiffs, yesterday. Their position is this:
These vital Constitutional questions are not mooted.
The Governor (and the other defendants) are likely to repeat such violations - especially
given the Governor’s refusal to surrender his emergency powers.
The plaintiffs have sought declaratory relief (that these orders are unlawful) and
injunctive relief (to prohibit such future actions). These controversies remain. Our
judiciary remains a coequal branch of government with the proper role of adjudicating
these claims and safeguarding our precious Constitutional rights.
This Memorial Day weekend, we remember those who gave their lives to protect these
freedoms that have been under assault in this pandemic.
The plaintiffs will not dismiss the case. The defendants may file a joint motion for dismissal.
Thanks,
Mark Patlan
P.S. Thanks for the heads up on the phone issue. I will have to investigate this. Cheers.
From: Peter Baumann <Peter.Baumann@coag.gov>
Sent: May 27, 2021 1:57 PM
To: Mark Patlan <mpatlan@patlanlaw.com>
Cc: Grant Sullivan <Grant.Sullivan@coag.gov>; Ringel, Andrew D. <ringela@hallevans.com>;
Ruhland, Trina <truhland@bouldercounty.org>; John Duval <jduval@fcgov.com>; Hughes, David
<dhughes@bouldercounty.org>
Subject: RE: Conferral - Walter v. Polis No. 20-cv-02192-RBJ (D. Colo.)
Hi Mark,
Just circling back to see if you have had a chance to discuss our conferral with your clients. Grant and
I tried giving you a call today at the phone number listed on your pleadings, and received a recording
that the user has “blocked all incoming calls.”
Please let us know if a call would be helpful. We hope to hear from you soon.
Best,
Peter Baumann
From: Peter Baumann
Sent: Monday, May 24, 2021 11:44 AM
Case 1:20-cv-02192-RBJ Document 45-1 Filed 06/04/21 USDC Colorado Page 2 of 3
To: Mark Patlan <mpatlan@patlanlaw.com>
Cc: Grant Sullivan <Grant.Sullivan@coag.gov>; Ringel, Andrew D. <ringela@hallevans.com>;
Ruhland, Trina <truhland@bouldercounty.org>; John Duval <jduval@fcgov.com>; Hughes, David
<dhughes@bouldercounty.org>
Subject: Conferral - Walter v. Polis No. 20-cv-02192-RBJ (D. Colo.)
Mark,
I hope this note finds you well. As I’m sure you’ve seen, Colorado, Fort Collins, and Boulder County
have all amended their operative mask orders to remove the face covering requirement in most
settings. Copies of the three relevant orders are attached.
It seems clear that your clients’ claims in Walter v. Polis et al. are now moot. I think it probably
makes the most sense for you to file a notice of dismissal under FRCP 41(1)(a)(i). If for some reason
you would prefer not to file such a notice, please let us know if your clients oppose a joint motion to
dismiss on the grounds that Plaintiffs’ claims for relief are moot. We would like to file something by
the end of this week, so it would be helpful if you could let us know your clients’ position by
Wednesday.
Let us know if a call would be helpful. We look forward to hearing from you.
Best,
Peter Baumann
Peter G. Baumann
Campaign Finance Enforcement Fellow
Colorado Attorney General’s Office
State Services Section
Public Officials Unit
1300 Broadway, 6th Floor
Denver, CO 80203
C: (303) 475-5883
Case 1:20-cv-02192-RBJ Document 45-1 Filed 06/04/21 USDC Colorado Page 3 of 3