DRIVE SUNSHINE INSTITUTE, and CLIFF SMEDLEY, Plaintiffs,
v.
HIGH PERFORMANCE TRANSPORTATION ENTERPRISE, MICHAEL CHEROUTES, ESQ., in his capacity as Director of HPTE and as an individual, TIM GAGEN, in his capacity as Chair of the HPTE Board of Directors and as an individual, KATHY GILLILAND, in her capacity as Vice-Chair (and at times Acting Chair) of the HPTE Board of Directors and as an individual, DOUG ADEN, HPTE Board Member, as an individual, BRENDA SMITH, HPTE Board Member, as an individual, DON MARISTICA, HPTE Board Member, as an individual, GARY REIFF, ESQ., HPTE Board Member, as an individual, TREY ROGERS, ESQ., HPTE Board Member, as an individual, JANE HICKEY, in her capacity as Secretary of the HPTE Board and as an individual, JOHN SUTHERS, ESQ., in his capacity as Colorado State Attorney General and as an individual, KATHRYN E. YOUNG, ESQ., in her capacity as First Assistant Attorney General and counsel for HPTE and as an individual, JOHN DOE 1, ESQ., in his capacity within the Colorado Solicitor General's Office and as an individual, JORDAN CHASE, ESQ., in his capacity as Assistant Attorney General and counsel for HPTE and as an individual, KUTAK ROCK LLP, in its capacity as counsel for HPTE and as an individual, MICHAEL THOMAS, ESQ., as counsel for HPTE and as an individual, THOMAS WEIHE, ESQ., as counsel for HPTE and as an individual, HOGAN LOVELLS US LLP, in its capacity as counsel for HPTC and as an individual, MIKE MATHEOU, ESQ., as counsel for HPTE and as an individual, DAVID SCOTT, ESQ., as counsel for HPTE and as an individual, COLORADO TRANSPORTATION COMMISSION, COLORADO DEPARTMENT OF TRANSPORTATION, AMY FORD, in her capacity as HPTE Communications Director and as an individual, GOLDMAN, SACHS & CO., BANK OF NEW YORK MELLON TRUST COMPANY, N.A., FITCH RATINGS, INC., and PLENARY ROADS DENVER LLC, Defendants.
United States District Court, D. Colorado.https://leagle.com/images/logo.png
September 18, 2014.
September 18, 2014.
Attorney(s) appearing for the Case
Drive Sunshine Institute, Plaintiff, represented by Karen Ann Hammer , Karen A. Hammer, Attorney at Law.
Cliff Smedley, Plaintiff, represented by Karen Ann Hammer , Karen A. Hammer, Attorney at Law.
High Performance Transportation Enterprise, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Michael Cheroutes, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Michael (I) Cheroutes, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Tim Gagen, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Tim (I) Gagen, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Kathy Gilliland, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Kathy (I) Gilliland, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Doug (I) Aden, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Brenda (I) Smith, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Don (I) Marostica, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Gary (I) Reiff, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Trey (I) Rogers, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Jane Hickey, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Jane (I) Hickey, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
John Suthers, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
John (I) Suthers, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Kathyrn E. Young, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Kathyrn (I) E. Young, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Jordan (I) Chase, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Jordan Chase, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Kutak Rock LLP, Defendant, represented by Stephen C. Peters , Peters Mair Wilcox.
Kutak Rock LLP (I), Defendant, represented by Stephen C. Peters , Peters Mair Wilcox.
Michael Thomas, Defendant, represented by Stephen C. Peters , Peters Mair Wilcox.
Michael (I) Thomas, Defendant, represented by Stephen C. Peters , Peters Mair Wilcox.
Thomas Weihe, Defendant, represented by Stephen C. Peters , Peters Mair Wilcox.
Thomas (I) Weihe, Defendant, represented by Stephen C. Peters , Peters Mair Wilcox.
Colorado Transportation Commission, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Colorado Department of Transportation, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Amy Ford, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Amy (I) Ford, Defendant, represented by Patrick L. Sayas , Colorado Attorney General's Office.
Goldman, Sachs & Co., Defendant, represented by Bruce A. Featherstone , Featherstone DeSisto, LLC.
Plenary Roads Denver LLC, Defendant, represented by Ronald L. Fano , Spencer Fane Britt & Browne, LLP.
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER
ROBERT E. BLACKBURN, District Judge.
This matter is before me on the Verified Motion for Temporary Restraining Order and Preliminary Injunction [#26]1 filed September 17, 20142. I deny the motion for temporary restraining order and set a briefing schedule for the motion for preliminary injunction.
I. JURISDICTION
I...
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