008 Notice of Withdrawal of Mtn for Protective Order
DISTRICT COURT, BOULDER COUNTY, COLORADO
Boulder County Justice Center
1777 6th Street
Boulder, Colorado 80302
Petitioner:
THE CITY OF BOULDER, a Colorado Home Rule City,
v.
Respondents:
PUBLIC SERVICE COMPANY OF COLORADO, a Colorado
Corporation, d/b/a XCEL ENERGY, MORGAN GUARANTY TRUST
COMPANY OF NEW YORK; and PAUL WEISSMANN, in his official
capacity as Treasurer of Boulder County.
Attorneys for Petitioner, City of Boulder:
Attorney Name: Office of the Boulder City Attorney
Thomas A. Carr, No. 42170, City Attorney
Kathleen E. Haddock, No. 16011, Senior Counsel
Address:
P.O. Box 791
Boulder, Colorado 80306
Phone Number: 303.441.3020
Fax Number: 303.441.3859
Email: carrt@bouldercolorado.gov
haddockk@bouldercolorado.gov
Attorney Name: Hamre, Rodriguez, Ostrander & Dingess, PC
Donald M. Ostrander, No. 12458
Richard F. Rodriguez, No. 25105
Address:
3600 S. Yosemite Street, Suite 500
Denver, Colorado 80237
Phone Number: 303.779.0200
Fax Number: 303.779.3662
Email: dostrander@hrodlaw.com
rrodriguez@hrodlaw.com
COURT USE ONLY
Case No. 2019CV030637
Division: 5
NOTICE OF WITHDRAWAL OF MOTION FOR PROTECTIVE ORDER
2
The Petitioner, City of Boulder, by and through undersigned counsel, files this Notice of
Withdrawal of Motion for Protective Order. As grounds, Petitioner states as follows:
1. On July 8, 2019, Petitioner filed a Motion for Protective Order regarding certain
exhibits attached to its Petition in Condemnation and served it upon the named Respondents.
2. On July 15, 2019, Respondent Public Service Company of Colorado d/b/a Xcel
Energy filed a Response objecting to Petitioner’s requested relief. Per applicable rule,
Petitioner’s Reply is due no later than Monday, July 22, 2019.
3. Respondent Public Service Company of Colorado d/b/a Xcel Energy’s Response
inaccurately summarizes the PUC proceeding and incorrectly states that the exhibits are subject
to a Discovery Agreement between the parties. The Response creates an unnecessary adversarial
proceeding that will deprive the court and the parties from necessary resources that could be
better used elsewhere.
4. Petitioner has determined it can revise the exhibits and file them publicly with
sufficient information to support its Petition so as to no longer need the requested relief set forth
in its Motion for Protective Order.
5. Accordingly, Petitioner notifies the court and opposing parties that Petitioner is
withdrawing its Motion for Protective Order effective immediately.
Respectfully submitted this 22nd day of July 2019.
BOULDER CITY ATTORNEY’S OFFICE
By: /s/ Kathleen E. Haddock
Thomas A. Carr, City Attorney
Kathleen E. Haddock, Senior Counsel
3
HAMRE, RODRIGUEZ, OSTRANDER &
DINGESS, P.C.
By: /s/ Donald M. Ostrander
Donald M. Ostrander
Richard F. Rodriguez
ATTORNEYS FOR PETITIONER
CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day of July 2019, a true and correct copy of the
foregoing NOTICE OF WITHDRAWAL OF MOTION FOR PROTECTIVE ORDER was
filed and served via Colorado Courts E-Filing or served via emailed or placed in the United
States mail, first class, postage prepaid, and properly addressed to the following:
John R. Sperber
Sarah M. Kellner
Brandee L. Caswell
Matthew Dumont Clark
Katharine M. Gray
Sean J. Metherell
FAEGRE BAKER DANIELS LLP
1144 Fifteenth Street, Suite 3400
Denver, Colorado 80202
Attorneys for Public Service Company of Colorado d/b/a Xcel Energy
Morgan Guaranty Trust Company of New York
JP Morgan Chase Bank
1111 Polaris Parkway
Columbus, OH 43240
Respondent Paul Weissmann, in His Official Capacity as Treasurer of Boulder
County
Olivia D. Lucas - olucas@bouldercounty.org
Boulder County Attorney’s Office
P.O. Box 471
Boulder, Colorado 80306
By: /s/ Rewa Ward
Rewa Ward,
City of Boulder, City Attorney’s Office