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Home My WebLink About2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 094 - Joint NoticeIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 21-cv-02063-CNS-MEH CITY OF FORT COLLINS, Plaintiff/Counterclaim Defendant, v. OPEN INTERNATIONAL, LLC Defendant/Counterclaim Plaintiff, and OPEN INVESTMENTS, LLC, Defendant. JOINT NOTICE OF PENDING MOTIONS For the convenience of the Court following the recent case transfer, Plaintiff City of Fort Collins (the “City”) and Defendants Open International, LLC and Open Investments, LLC (collectively, “Open”), through their respective counsel, hereby submit this Joint Notice of Pending Motions to summarize the pending motions before the Court. The following are pending as of the date of this Notice: 1. Open’s Motion to Compel Production of TMG Documents [Dkt. 43] (“Motion to Compel”), filed May 24, 2022. Open moves to compel the production of documents related to a January to April 2021 project assessment by TMG over which the City claimed work-product protection and/or attorney-client privilege. a. The City filed a Response in Opposition [Dkt. 58] on June 14, 2022, and Open Case 1:21-cv-02063-CNS-MEH Document 94 Filed 08/11/22 USDC Colorado Page 1 of 6 2 filed its Reply [Dkt. 63] on June 17, 2022. b. Open filed a Notice of Supplemental Record in Support of Motion to Compel TMG Documents [Dkt. 76] on July 5, 2022, and the City filed its Notice of Supplemental Record in Opposition of Motion to Compel TMG Documents [Dkt. 80] on July 12, 2022. c. In response to the Court’s Minute Order [Dkt. 73], the City provided chambers (Wang_Chambers@cod.uscourts.gov) with the relevant privilege logs and the requested TMG agreements for in-camera review, and further filed its Privilege Log related to TMG [Dkt. 83] on July 12, 2022. d. Open then filed a Response to the City’s Notices re Privilege Logs and Notice of Supplemental Submission of Sortable-Filterable Logs [Dkt. 86] on July 15, 2022. e. The City filed its Response to Open’s Notice of Supplemental Logs [Dkt 87] on July 20, 2022. 2. The City’s Motion to Quash Defendants’ Subpoena on Vanir Construction Management, Inc. and for Protective Order [Dkt. 45] (“Motion to Quash”), filed on May 27, 2022. The City moves to quash Open’s subpoena duces tecum served on Vanir and for a protective order on the basis that it would result in the production of the City’s privileged documents. a. Open filed its Response in Opposition [Dkt. 55] on June 8, 2022, and the City filed its Reply [Dkt. 68] on June 22, 2022. b. In response to the Court’s Minute Order [Dkt. 73], the City provided chambers (Wang_Chambers@cod.uscourts.gov) with the relevant privilege logs, and Case 1:21-cv-02063-CNS-MEH Document 94 Filed 08/11/22 USDC Colorado Page 2 of 6 3 further filed its Privilege Log related to Vanir [Dkts. 81 and 82] on July 12, 2022. c. Open then filed a Response to the City’s Notices re Privilege Logs and Notice of Supplemental Submission of Sortable-Filterable Logs [Dkt. 86] on July 15, 2022. d. The City filed its Response to Open’s Notice of Supplemental Logs [Dkt 87] on July 20, 2022. 3. The City’s Motion for Protective Order to Require Defendants’ Compliance with the October 14, 2021 Stipulated Protective Order [Dkt. 64] (“Motion for Protective Order”), filed June 17, 2022. The City moves for a protective order related to Open’s Colorado Open Records Act request, which the City argues would violate the parties’ Stipulated Protective Order. a. Open filed its Response in Opposition [Dkt. 74] on July 1, 2022, and the City filed its Reply [Dkt. 84] on July 12, 2022. 4. The City’s Motion to Restrict Access [Dkt. 50], filed June 6, 2022. The City moves to restrict to Level 1 access one exhibit of the four filed in support of its Motion to Quash. a. Open filed its Response in Opposition [Dkt. 57] on June 14, 2022. Per Magistrate Judge Wang’s June 7, 2022 Minute Order [Dkt. 52], the City was not permitted a Reply. 5. The City’s Motion to Restrict Access [Dkt. 53], filed June 7, 2022. The City submitted a redacted version of Open’s Motion to Compel, redacting approximately 29 lines across the 15-page motion, and moves to maintain Level 1 access restriction on the four exhibits filed in Case 1:21-cv-02063-CNS-MEH Document 94 Filed 08/11/22 USDC Colorado Page 3 of 6 4 support of the same. a. Open filed its Response in Opposition [Dkt. 57] on June 14, 2022, and the City filed its Reply [Dkt. 62] on June 17, 2022. 6. The City’s Motion to Restrict Access [Dkt. 66], filed June 22, 2022. The City submitted a redacted version of Open’s Response in Opposition to the City’s Motion to Quash, redacting approximately 21 lines across the 15-page motion, and moves to maintain Level 1 access restriction on 2 of the 3 exhibits filed in support of the same. a. Open filed its Response in Opposition [Dkt. 71] on June 28, 2022. 7. The City’s Motion to Restrict Access [Dkt. 69], filed June 28, 2022. The City submitted a redacted version of its Response in Opposition to Open’s Motion to Compel, redacting approximately 9 lines across the 16-page motion, and moves to maintain Level 1 access restriction on three of the seven exhibits filed in support of the same. a. Open filed its Response in Opposition [Dkt. 71] on June 28, 2022. 8. The City’s Motion to Restrict Access [Dkt. 79], filed July 6, 2022. The City submitted a redacted version of the City’s Reply in Support of its Motion to Quash, redacting approximately 10 lines across the 11-page motion, as well as redacted versions of 2 of the 5 exhibits attached to the same, redacting several lines from each. a. Open filed its Response in Opposition [Dkt. 89] on July 21, 2022. The City filed its Reply [Dkt. 92] on August 4, 2022. 9. The City’s Motion to Restrict Access [Dkt. 85], filed July 15, 2022. The City submitted a redacted version of 1 of 4 exhibits filed in support of Open’s Response in Opposition to the City’s Motion for Protective Order, redacting approximately 3 lines in an email and redacting Case 1:21-cv-02063-CNS-MEH Document 94 Filed 08/11/22 USDC Colorado Page 4 of 6 5 the whole of a memorandum attached to that email that the City contends is privileged. a. Open files its Response in Opposition [Dkt. 89] on July 21, 2022. The City filed its Reply [Dkt. 92] on August 4, 2022. Dated this 11th day of August, 2022. DORSEY & WHITNEY LLP HOLLAND & HART LLP s/ Case Collard Case Collard Andrea Ahn Wechter Maral J. Shoaei 1400 Wewatta Street, Suite 400 Denver, CO 80202-5549 Telephone: (303) 629-3400 Fax: (303) 629-3450 E-mail: collard.case@dorsey.com E-mail: wechter.andrea@dorsey.com E-mail: shoaei.maral@dorsey.com Attorneys for Plaintiff s/ Paul D. Swanson Alexander D. White Paul D. Swanson Hannah E. Armentrout Anna C. Van de Stouwe HOLLAND & HART LLP 555 17th Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8578 adwhite@hollandhart.com pdswanson@hollandhart.com hearmentrout@hollandhart.com acvandestouwe@hollandhart.com Attorneys for Defendants Case 1:21-cv-02063-CNS-MEH Document 94 Filed 08/11/22 USDC Colorado Page 5 of 6 6 CERTIFICATE OF SERVICE I hereby certify that on August 11, 2022, I caused the foregoing document to be electronically filed via CM/ECF system which will send notification of such filing to the following: Alexander D. White Paul D. Swanson Hannah E. Armentrout Anna C. Van de Stouwe HOLLAND & HART LLP 555 17th Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8578 adwhite@hollandhart.com pdswanson@hollandhart.com hearmentrout@hollandhart.com acvandestouwe@hollandhart.com Attorneys for Defendants s/ Stacy Starr Dorsey & Whitney LLP Case 1:21-cv-02063-CNS-MEH Document 94 Filed 08/11/22 USDC Colorado Page 6 of 6