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009 Order re Notice of Withdrawal of Motion for Protective Order DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: 1777 Sixth Street P.O. Box 4249, Boulder, CO, 80306-4249 TF, FILED: July 23, 2019 8:52 AM Petitioner(s) THE CITY OF BOULDER CASE NUMBER: 2019CV30637 v. Respondent(s) PUBLIC SERVICE COMPANY OF COLORADO et al. LD COURT USE ONLY A Case Number: 2019CV30637 Division: 5 Courtroom: Order: Notice of Withdrawal of Motion for Protective Order The motion/proposed order attached hereto: REVIEWED, No consent necessary. C.R.M. 7(a) Issue Date: 7/23/2019 J KEITH COLLINS Magistrate Pagel oil 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. A COURT USE ONLY A Respondents: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation, d/b/a XCEL ENERGY, MORGAN GUARANTY TRUST Case No. 2019CV030637 COMPANY OF NEW YORK; and PAUL WEISSMANN, in his official capacity as Treasurer of Boulder County. Division: 5 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 NOTICE OF WITHDRAWAL OF MOTION FOR PROTECTIVE ORDER 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 2 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(a 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 3