STROH RANCH DEVELOPMENT, LLC v. CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 2

Civil Action No. 10-cv-02216-WJM-KLM.

STROH RANCH DEVELOPMENT, LLC, a Colorado limited liability company, Plaintiff, v. CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 2, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 3, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 4, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 5, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 6, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 7, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 8, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 9, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 10, CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 11, THE PIVOTAL GROUP, INC., PIVOTAL PARKER INVESTMENTS, LLC, a Delaware limited liability company a/k/a Parker Investments 2009, LLC, PIVOTAL COLORADO II, LLC, NORTH PARKER INVESTMENTS, LLC, KURT WOLTER, KIMBERLY JENSEN, GREG MCILVAIN, MARK EAMES, GREG EPP, BILLY HARRIS, and JOHN DOES 1 through 8, Defendants.

United States District Court, D. Colorado.

February 7, 2012.


Attorney(s) appearing for the Case

Stroh Ranch Development, LLC, a Colorado limited liability company, Plaintiff represented by Joe L. Silver , Silver & DeBoskey, P.C..

Stroh Ranch Development, LLC, a Colorado limited liability company, Plaintiff, represented by Kelly Ann Murphy , Silver & DeBoskey, P.C..

Stroh Ranch Development, LLC, a Colorado limited liability company, Plaintiff, represented by Martin Dean Beier , Silver & DeBoskey, P.C..

Stroh Ranch Development, LLC, a Colorado limited liability company, Plaintiff, represented by Nicholas Ethan Mitchell , Silver & DeBoskey, P.C..

Stroh Ranch Development, LLC, a Colorado limited liability company, Plaintiff, represented by Ruba M. Forno , Silver & DeBoskey, P.C..

Cherry Creek South Metropolitan District No. 2, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 2, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 3, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 3, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 4, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 4, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 5, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 5, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 6, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 6, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 7, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 7, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 8, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 8, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 9, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 9, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 10, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 10, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 11, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Cherry Creek South Metropolitan District No. 11, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Pivotal Group, Inc., (actually named as The Pivotal Group, Inc.), Defendant represented by Edwin Packard Aro , Arnold & Porter LLP-Denver.

Pivotal Group, Inc., (actually named as The Pivotal Group, Inc.), Defendant, represented by James E. Scarboro , Arnold & Porter LLP-Denver.

Pivotal Group, Inc., (actually named as The Pivotal Group, Inc.), Defendant, represented by Paul Wayne Rodney , Arnold & Porter LLP-Denver.

Pivotal Parker Investments, LLC, a Delaware limited liability company, also known as, Parker Investments 2009, LLC, Defendant represented by Jeffrey E. Erb , Seter & Vander Wall, P.C.

Pivotal Parker Investments, LLC, a Delaware limited liability company, Defendant, represented by Karen Vannoy Reutzel , Reutzel & Associates, LLC.

Pivotal Parker Investments, LLC, a Delaware limited liability company, Defendant, represented by Kim J. Seter , Seter & Vander Wall, P.C..

Gimshaw & Herring PC, Interested Party, represented by Jamie N. Cotter , Grimshaw & Harring, P.C..

Matthew R. Dalton, Interested Party, represented by Jamie N. Cotter , Grimshaw & Harring, P.C..

Professional Community Management, Inc., Interested Party, represented by Jamie N. Cotter , Grimshaw & Harring, P.C..

Pivotal Colorado II, LLC, Defendant, represented by Bill E. Kyriagis , Otten, Johnson, Robinson, Neff & Ragonetti, P.C..

Pivotal Colorado II, LLC, Defendant, represented by Brad Wayne Schacht , Otten, Johnson, Robinson, Neff & Ragonetti, P.C..

North Parker Investments, LLC, Defendant, represented by Bill E. Kyriagis , Otten, Johnson, Robinson, Neff & Ragonetti, P.C..

North Parker Investments, LLC, Defendant, represented by Brad Wayne Schacht , Otten, Johnson, Robinson, Neff & Ragonetti, P.C..

Kurt Wolter, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Kurt Wolter, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Kimberly Jensen, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Kimberly Jensen, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Greg McIlvain, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Greg McIlvain, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Mark Eames, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Mark Eames, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Greg Epp, Defendant, represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Greg Epp, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.

Billy Harris, and John Does 1 through 8, Defendant represented by Eric Michael Ziporin , Senter Goldfarb & Rice, LLC.

Billy Harris, Defendant, represented by Sarah Elizabeth McCutcheon , Senter Goldfarb & Rice, LLC.


ORDER

KRISTEN L. MIX, Magistrate Judge.

This matter is before the Court on Defendants Pivotal Colorado II, LLC ("PCII") and North Parker Investments, LLC's ("North Parker") Motion to Amend Answer [Docket No. 100; Filed November 23, 2011] ("PCII's Motion"). Plaintiff filed a Response in opposition to PCII's Motion on December 19, 2011 [#114]. On January 5, 2012, Defendants PCII and North Parker filed a Reply [#126]. The Motion is ripe for resolution...

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