Cordillera Litigation Update – May 2012

by the fans of Paul Drake and Della Street

Up until last week – it was quiet for weeks concerning the ongoing Cordillera Litigation case.

Last week – lots of new Public Record information became available from that (will it ever end?) Cordillera Lawsuit(s)?

The gist of last weeks Courthouse news?  The Wilhelm FClub-At-Cordilleraamily Partnership – isn’t having much luck (recently) at the Courthouse.  The WFP legal representation has changed – many times over the last several months.

– Federal Appeal Denied – Defendant WFP’s request and their appeal to move the now Class Action Lawsuit into Federal Court.  Move denied, their appeal to move denied as well.  It’s back in Judge Fred Gannett’s Courtroom (as a Class Action) where it started.  (Click Here)

– Rescheduled for July 20th 2012 9AM – the WFP hearing on “contempt of court”  Ref:  alleged violation of Judge Gannet’s Restraining Order and more.  Interested parties should read this…(Click Here).  Per this Court Filing– it is now possible that principles from the WFP could spend time in Jail – before all the lawsuit(s) go to trial!

Trial Date set for case number 2011CV456 – March 11-25 2013 (unless defendants Cordillera Golf Club, LLC) are allowed to delay.  (Click Here)  Note:  There is more than one lawsuit in this Cordillera Golf Club action.

Interrogatories filed from Plaintiff (Cheryl M. Foley et al.) – part of ongoing discovery for Defendants (WFP et al.) to answer.  They are a rather extensive request to provide discovery information.  (Click Here)

Plaintiff’s Response to Defendant’s Motion for Protective Order Regarding Plaintiff’s Discovery Requests upon Alpine Bank – ECT Analysis – Defendants (WFP) claim their Golf Club Financials are “confidential and thus, that they are immune from discovery”

HUH?  Core to the Plaintiff’s lawsuit is their allegation that Golf Course membership dues has been (misspent?) by defendants – who are the current Club owners (and dues collectors) the Wilhelm Family Partnership.  Why would defendants WFP argue that those financial records are “immune from discovery” – if the records show that (indeed) the WFP did spend those monies legitimately?  (Click Here – Page 2 paragraph 1)

CAFA – “class action fairness act”  ECT Analysis – near as the ECT folks can tell this Plaintiff’s Response to a (Defendants) filing made in U.S. Court of Appeals, 10th Circuit.  ECT believes that the Federal Appeal Denied (see above) was filed AFTER this document was filed.  Hence (the ECT believes) this Court filing no longer matters.  (Click Here)  Good thing too – you’d need a long Airport layover to read through these 21 pages!

Alpine Bank – Recall that Alpine has a performing outstanding loan with the WFP for ~$13.7 Million (Click Here).  The ECT has been told several times alleging that this (interest only) WFP loan from Alpine Bank is due in it’s entirety at the end of June 2012.  Will Alpine be paid in full at the end of next month?  No one knows for sure – till the clock runs out.

Alpine has also filed in District Court alleging that they have (“first-priority security interest in the 2011 membership dues”) over the interests of the Cordillera Golf Course members.  (Click Here)


One response

  1. Pingback: Cordillera knows it’s now Hotter in Delaware than Colorado « News from Eagle County, Colorado

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