RESOLUTION TRUST CORPORATION, a corporate instrumentality of the United States of America, Plaintiff,
v.
Richard D. HEISERMAN, individually and as a general and limited partner in Heiserman Family Partners, Ltd., and as a grantor, trustee and beneficiary of Heiserman Family Trust; Walter C. Kane, Guy E. Boyer, David G. Marberry, John C. Root, Charles R. Babb, James D. Grow, John B. Howell, Chester A. Latcham, Jr., individually and as a general and limited partner in Latcham Family Partners, Limited, and as a grantor, trustee and beneficiary of Latcham Family Trust; William T. McCallum, individually, and as a general and limited partner in McCallum Family Partners, Ltd., and as a grantor, trustee and beneficiary of McCallum Family Trust; James C. Shearon, individually and as a general and limited partner in JCS Family Partners, Ltd., and as a grantor, trustee and beneficiary of JCS Family Trust; Heiserman Family Partners, Ltd., a limited partnership; Patricia A. Heiserman, as a general partner and limited partner in Heiserman Family Partners, Ltd.; John Does One and Two, as other unknown general and limited partners of Heiserman Family Partners, Ltd.; Heiserman Family Trust; Richard L. Smith, as a trustee of Heiserman Family Trust; John Does Three and Four, as other unknown trustees and beneficiaries of Heiserman Family Trust; Latcham Family Partners, Limited, a limited partnership; John Does Five and Six, as other unknown general and limited partners of Latcham Family Partners, Limited; Latcham Family Trust; John Does Seven and Eight, as other unknown trustees and beneficiaries of Latcham Family Trust; McCallum Family Partners, Ltd., a limited partnership; Leslie A. McCallum, as a general partner and limited partner in McCallum Family Partners, Ltd.; John Does Nine and Ten, as other unknown general and limited partners of McCallum Family Partners, Ltd.; McCallum Family Trust; John D. Clayton and Alan D. MacLennan, as trustees of McCallum Family Trust; John Does Eleven and Twelve, as other unknown trustees and beneficiaries of McCallum Family Trust; JCS Family Partners, Ltd., a limited partnership; Carol M. Shearon, as a general partner and limited partner in JCS Family Partners, Ltd.; John Does Thirteen and Fourteen, as other unknown general and limited partners of JCS Family Partners, Ltd.; JCS Family Trust; John Does Fifteen and Sixteen, as other unknown trustees and beneficiaries of JCS Family Trust; Engel & Rudman, P.C., a Colorado professional corporation; Barry S. Engel, personally and as a shareholder in Engel & Rudman, P.C.; Ronald L. Rudman, personally and as a shareholder in Engel & Rudman, P.C.; John Does Seventeen and Eighteen, as other unknown shareholders in Engel & Rudman, P.C.; Carolyn P. Boyer; and Nancy A. Marberry; Defendants.
United States District Court, D. Colorado.https://leagle.com/images/logo.png
June 16, 1994.
June 16, 1994.
Attorney(s) appearing for the Case
John M. Kobayashi, Kathleen M. Kulasza, Linda J. Creagan, Kobayashi & Associates, P.C., Jeremiah B. Barry, Staff Atty., Resolution Trust Corp., Denver, CO, for plaintiff.
Charles F. Brega, Wesley B. Howard, Brega & Winters, P.C., Denver, CO, for defendant Charles R. Babb.
Kevin D. Allen, Margaret M. McClellan, Vinton, Waller, Slivka & Panasci, Denver, CO, for defendants Patricia A. Heiserman and Richard L. Smith.
William J. Leone, Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, CO, for defendant Chester A. Latcham.
James R. Cage, Berryhill, Cage & North, P.C., Denver, CO, for defendant James D. Grow.
James D. Grow, pro se.
Jeffrey M. Villanueva, Steven M. Feder, Bader & Villanueva, P.C., Denver, CO, for defendant Engel & Rudman, P.C.
David & Nancy Marberry, pro se.
James C. Shearon, pro se.
Michael A. Williams, Amy L. Benson, Williams, Youle & Koenigs, P.C., Denver, CO, for defendant William T. McCallum.
Alan W. Anderson, Rothgerber, Appel, Powers & Johnson, Denver, CO, for defendant John B. Howell.
Jon F. Sands, William A. Bostrom, Bostrom & Sands, P.C., Denver, CO, for defendant Gary E. Boyer.
Alvin M. Cohen, Roos, Cohen & Long, P.C., Denver, CO, for defendant John C. Root.
Victor F. Boog, Bradley, Campbell, Carney & Madsen, Golden, CO, for defendant Walter C. Kane.
Richard D. Heiserman, pro se.
Stephen L. Waters, Robinson, Waters, O'Dorisio and Rapson, P.C., Denver, CO, for defendant Shearon Companies.
United States District Court, D. Colorado.
MEMORANDUM OPINION AND ORDER
BABCOCK, District Judge.
Pending motions in this case require resolution of two questions of law:
1) whether Colorado's proportionate liability statute, § 13-21-111.5, 6A C.R.S. (1987), applies in this case; and,2) whether persons can "consciously conspire and deliberately pursue a common plan or design" to be negligent and, therefore, be subject to joint and several liability under § 13-21-111.5...
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