Dalzell et al v. Trailhead Lodge at Wildhorse Meadows, LLC et al

Filing 164

FINAL JUDGMENT by Clerk re: 162 Findings of Fact & Conclusions of Law, by Judge Robert E. Blackburn on 1/31/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 09-cv-02614-REB-KLM
WILLIAM I. DALZELL,
DEVON C. PURDY,
SAM PROPERTIES V, LLC, a Colorado limited liability company,
GREGORY HALLER,
PAMELA HALLER,
CINDY ROGERS, and
RONALD KOLLIGIAN,
Plaintiffs,
v.
TRAILHEAD LODGE AT WILDHORSE MEADOWS, LLC, a Colorado limited liability
company, and
RP STEAMBOAT SPRINGS, LLC a Delaware limited liability company,
Defendants.

FINAL JUDGMENT

Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final
Judgment is entered.
A. Pursuant to the Order Granting Motions for Summary Judgment [#103]
entered by Judge Robert E. Blackburn on November 30, 2010, which order is
incorporated by reference,
IT IS ORDERED as follows:
1. That the Plaintiffs’ Motion for Partial Summary Judgment [#47] filed March
25, 2010, is GRANTED to the extent that defendant Trailhead Lodge at Wildhorse
Meadows, LLC, is liable on the plaintiffs’ first, second, and third claims for relief, as

stated in the plaintiffs’ Second Amended Complaint [#70] filed July 26, 2010;
2. That the relief, if any, to which the plaintiffs may be entitled on their first,
second, and third claims for relief shall be determined at trial.
B. Pursuant to the Order Approving Parties’ Stipulation Re: Dismissal of
Plaintiffs’ Fourth Through Seventh Claims in Plaintiffs’ Second Amended
Complaint [#118] entered by Judge Robert E. Blackburn on December 6, 2010, which
order is incorporated by reference,
IT IS ORDERED as follows:
1. That the Stipulation of Dismissal Without Prejudice [#111] filed December
2, 2010, is APPROVED; and
2. That plaintiffs’ state law claims in the fourth through seventh claims for relief in
the Second Amended Complaint [#70] are DISMISSED WITHOUT PREJUDICE on the
terms and conditions of the stipulation, with the parties to pay their own attorney fees
and costs relating to the state law claims.
C. Pursuant to the Findings of Fact, Conclusions of Law, and Order [#162]
filed January 4, 2013, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor of defendant RP Steamboat
Springs LLC, against each of the plaintiffs, William I Dalzell, Devon Purdy, SAM
Properties V, LLC, Gregory Haller, Pamela Haller, Cindy Rogers, and Ronald Kolligian,
on the plaintiffs’ first, second, and third claims for relief as stated in the plaintiffs’ Second
Amended Complaint [#70] filed July 26, 2010;

2. That under FED. R. CIV. P. 58, and based on the stipulation [#121] of the
parties, JUDGMENT IS ENTERED in favor of plaintiffs William I Dalzell, Devon Purdy,
Gregory Haller, Pamela Haller, and Ronald Kolligian, against defendant Trailhead Lodge
at Wildhorse Meadows, LLC, on the plaintiffs’ first claim for relief;
3. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor plaintiff SAM Properties V, LLC
and Cindy Rogers, against defendant Trailhead Lodge at Wildhorse Meadows, LLC, on
the plaintiffs’ first claim for relief;
4. That under FED. R. CIV. P. 58, and based on the stipulation [#121] of the
parties, JUDGMENT IS ENTERED in favor plaintiffs William I. Dalzell and Devon C.
Purdy, jointly, against defendant Trailhead Lodge at Wildhorse Meadows LLC, for
$119,000.00, the amount of the deposit paid by William I. Dalzell and Devon C. Purdy;
5. That under FED. R. CIV. P. 58, and based on the stipulation [#121] of the
parties, JUDGMENT IS ENTERED in favor plaintiffs Gregory Haller and Pamela Haller,
jointly, against defendant Trailhead Lodge at Wildhorse Meadows, LLC, for $155,000.00,
the amount of the deposit paid by Gregory Haller and Pamela Haller;
6. That under FED. R. CIV. P. 58, and based on the stipulation [#121] of the
parties, JUDGMENT IS ENTERED in favor plaintiff Ronald Kolligian against defendant
Trailhead Lodge at Wildhorse Meadows, LLC, for $196,000.00, the amount of the
deposit paid by Ronald Kolligian;
7. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor plaintiff SAM Properties V, LLC
against defendant Trailhead Lodge at Wildhorse Meadows, LLC, for $226,000.00, the

amount of the deposit paid by SAM Properties V, LLC;
8. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor plaintiff Cindy Rogers against
defendant Trailhead Lodge at Wildhorse Meadows, LLC, for $86,000.00, the amount of
the deposit paid by Cindy Rogers;
9. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor plaintiff SAM Properties V, LLC
against defendant Trailhead Lodge at Wildhorse Meadows, LLC, rescinding the
purchase agreement between SAM Properties V, LLC and defendant Trailhead Lodge at
Wildhorse Meadows, LLC;
10. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor plaintiff Cindy Rogers against
defendant Trailhead Lodge at Wildhorse Meadows, LLC, rescinding the purchase
agreement between Cindy Rogers and defendant Trailhead Lodge at Wildhorse
Meadows, LLC;
11. That under FED. R. CIV. P. 58, and based on the stipulation [#121] of the
parties, JUDGMENT IS ENTERED in favor of plaintiffs William I Dalzell, Devon Purdy,
Gregory Haller, Pamela Haller, and Ronald Kolligian, against defendant Trailhead Lodge
at Wildhorse Meadows, LLC, on the plaintiffs’ second claim for relief;
12. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor of plaintiffs SAM Properties V,
LLC and Cindy Rogers against defendant Trailhead Lodge at Wildhorse Meadows, LLC,
on the plaintiffs’ second claim for relief;

13. That under FED. R. CIV. P. 58 and 28 U.S.C. § 2201, JUDGMENT IS
ENTERED on the plaintiffs’ second claim for relief declaring that defendant Trailhead
Lodge at Wildhorse Meadows, LLC is subject to and violated the Interstate Land Sales
Full Disclosure Act when it failed to comply with the requirements of 15 U.S.C. §
1703(a)(1)(A) and (B) and 15 U.S.C. § 1703 (b),(c),(d), and (e) in the course of entering
into and performing under its sales contracts with plaintiffs;
14. That under FED. R. CIV. P. 58, and based on the stipulation [#121] of the
parties, JUDGMENT IS ENTERED in favor of plaintiffs William I Dalzell, Devon Purdy,
Gregory Haller, Pamela Haller, and Ronald Kolligian, against defendants RP Steamboat
Springs LLC and Trailhead Lodge at Wildhorse Meadows, LLC, on the plaintiffs’ third
claim for relief;
15. That under FED. R. CIV. P. 58 and 28 U.S.C. § 2201, JUDGMENT IS
ENTERED on the plaintiffs’ third claim for relief declaring that plaintiffs William I Dalzell,
Devon Purdy, Gregory Haller, Pamela Haller, and Ronald Kolligian each properly
revoked their contracts with defendant Trailhead Lodge at Wildhorse Meadows, LLC,
under 15 U.S.C. § 1703;
16. That under FED. R. CIV. P. 58, and based on the above findings of fact and
conclusions of law, JUDGMENT IS ENTERED in favor of plaintiffs SAM Properties V,
LLC and Cindy Rogers against defendant Trailhead Lodge at Wildhorse Meadows, LLC
on the counterclaim of defendant Trailhead Lodge at Wildhorse Meadows, LLC;
17. That under FED. R. CIV. P. 58, and based on the stipulation [#121] of the
parties, JUDGMENT IS ENTERED in favor of plaintiffs William I Dalzell, Devon Purdy,
Gregory Haller, Pamela Haller, and Ronald Kolligian against defendant Trailhead Lodge

at Wildhorse Meadows, LLC, providing that these plaintiffs are entitled to prejudgment
interest on the damages due to them in the amount of eight (8) percent per annum
calculated from July 25, 2007, and to post-judgment interest in the amount of eight (8)
percent per annum calculated from the date of the entry of judgment;
18. That each plaintiff is AWARDED its costs against defendant Trailhead Lodge
at Wildhorse Meadows, LLC, which costs shall be taxed by the clerk of the court under
Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR. 54.1;
19. That defendant RP Steamboat Springs LLC is AWARDED its costs, which
costs shall be taxed by the clerk of the court under Fed. R. Civ. P. 54(d)(1) and
D.C.COLO.LCivR. 54.1; and
20. That any motion seeking an award of attorney fees or additional elements of
damages not addressed in this order, as provided in 15 U.S.C. § 1709(b), SHALL BE
FILED on or before February 8, 2013, and the filing of any response and reply shall be
filed in the time and manner required by D.C.COLO.LCivR 7.1C.
DATED at Denver, Colorado, this 31st day of January, 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk
APPROVED BY THE COURT: