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NIELSEN v. ARCHDIOCESE OF DENVER

Nos. CIV. 05CV01910LTBCBS, CIV. 05CV01911LTBCBS, CIV. 05CV02089LTBCBS, CIV. 05CV02090LTBCBS, CIV. 05CV02101LTBCBS, CIV. 05CV02102LTBCBS, CIV. 05CV02621LTBCBS, CIV. 05CV02623LTBCBS, CIV. 05CV02624LTBCBS, CIV. 05CV00028LTBCBS, CIV. 05CV00029LTBCBS, CIV. 05CV00155LTBCBS, CIV. 06CV00156LTBCBS.

413 F.Supp.2d 1181 (2006)

Delbert C. NIELSEN, III, Plaintiff, v. ARCHDIOCESE OF DENVER, Defendant. Greg Roberts, Plaintiff, v. Archdiocese of Denver, Defendant. Roger Colburn, Plaintiff, v. Archdiocese of Denver, Defendant. John Doe, Plaintiff, v. Archdiocese of Denver, Defendant. Pat Hergenreter, Plaintiff, v. Archdiocese of Denver, Defendant. Jane Doe (3), Plaintiff, v. Archdiocese of Denver, Defendant. John Doe (2), Plaintiff, v. Archdiocese of Denver, St. Catherine's Church, St. Mary's Catholic Cathedral, and St. Anthony's Catholic Church, Defendants. John Doe (3), Plaintiff, v. Archdiocese of Denver, Defendant. John Doe (4), Plaintiff, v. Archdiocese of Denver, Defendant. Leonard Roskop, Plaintiff, v. Archdiocese of Denver, Defendant. John Doe No. 5, Plaintiff, v. Archdiocese of Denver, St. Catherine Church, St. Mary's Catholic Cathedral, and St. Anthony's Catholic Church, Defendants. John Doe No. 6, Plaintiff, v. Archdiocese of Denver, and St. Catherine Church, Defendants. John Doe No. 7, Plaintiff, v. Archdiocese of Denver, St. Catherine Church, St. Mary's Catholic Cathedral, and St. Anthony's Catholic Church, Defendants.

United States District Court, D. Colorado.

February 7, 2006.

Attorney(s) appearing for the Case

Jeffrey M. Herman, Adam D. Horowitz, Herman & Mermelstein, P.A., Miami, FL, Alan G. Molk, Law Firm of Alan G. Molk, Greenwood Village, CO, for Plaintiff.

Charles Goldberg, Douglas B. Tumminello, Scott Mark Browning, Rothgerber, Johnson & Lyons, LLP, Denver, CO, for Plaintiff.

ORDER

BABCOCK, Chief Judge.

These cases, removed here from Colorado courts and consolidated for the purpose of resolving the plaintiffs' motions to remand, present the narrow question whether claims arising out of neutral, state law of general applicability create a contested and substantial federal issue sufficient to establish jurisdiction pursuant to 28 U.S.C. § 1331 where, notwithstanding the existence of ecclesiastical recourse, secular norms govern...

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