Moore v. Crabtree Amusement, Inc. et al

Filing 78

ORDER ADOPTING 54 , 72 RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's 50 Opposed Motion to Strike Defendant's [sic] Designation of Non-Party at Fault is GRANTED. Defendants Richard Banta and Crabtree Amusement Inc& #039;s 20 Designation of Nonparty at Fault is STRICKEN. Defendants Richard Banta and Crabtree Amusement Inc's 63 Motion to File Supplemental Designation of Nonparty at Fault is DENIED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 2/25/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-00143-REB-MJW
DEMETRIUS MOORE,
Plaintiff,
v.
RICHARD BANTA and CRABTREE AMUSEMENT, INC.,
Defendants.

ORDER RE: RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the magistrate judge’s Report and
Recommendation on Plaintiff’s Opposed Motion To Strike Defendants’
Designation of Non-Party at Fault (Docket No. 50) [#54],1 filed December 9, 2014; (2)
Defendants’ Objection to Magistrate Judge’s Recommendation on Plaintiff’s
Opposed Motion To Strike Defendants’ Designation of Non-Party at Fault [#59],
filed December 24, 2014; and (3) the magistrate judge’s Report and Recommendation
on Defendants Richard Banta and Crabtree Amusement, Inc.’s Motion To File
Supplemental Designation of Nonparty at Fault (Docket No. 63) [#72], filed January
29, 2015, to which no timely objection has been filed. I overrule the objection, adopt
the recommendations, and grant plaintiff’s motion to strike the non-party designation
and deny defendants’ motion to supplement their designation.
1

“[#54]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the
recommendations to which objections have been filed, and have considered carefully
the recommendations, objections, and applicable caselaw. Both recommendations are
detailed and well-reasoned. It appears that much of the confusion that gave rise to
these motions may be cleared up at the show cause hearing the magistrate judge has
scheduled for March 12, 2015. (See Report and Recommendation on Defendants
Richard Banta and Crabtree Amusement, Inc.’s Motion To File Supplemental
Designation of Nonparty at Fault (Docket No. 63) at 4 [#72], filed January 29, 2015,
as amended by Minute Order [#75], filed February 4, 2015.) As matters currently
stand, however, I concur with the magistrate judge that defendants’ attempt to use
§13-21-111.5(3), C.R.S., to designate Tivoli Manufacturing, Ltd. – a putative party to
this lawsuit – as a nonparty at fault is improper.
I thus find and conclude that the arguments advanced, authorities cited, and
findings of fact, conclusions of law, and recommendation proposed by the magistrate
judge should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge’s Report and Recommendation on Plaintiff’s
Opposed Motion To Strike Defendants’ Designation of Non-Party at Fault (Docket
No. 50) [#54], filed December 9, 2014 is APPROVED and ADOPTED as an order of
this court;
2. That the magistrate judge’s Report and Recommendation on Defendants
Richard Banta and Crabtree Amusement, Inc.’s Motion To File Supplemental

2

Designation of Nonparty at Fault (Docket No. 63) [#72], filed January 29, 2015, is
APPROVED and ADOPTED as an order of this court;
3. That the objections stated in Defendants’ Objection to Magistrate Judge’s
Recommendation on Plaintiff’s Opposed Motion To Strike Defendants’
Designation of Non-Party at Fault [#59], filed December 24, 2014, are OVERRULED;
4. That Plaintiff’s Opposed Motion To Strike Defendant’s [sic] Designation
of Non-Party at Fault [#50], filed November 5, 2014, is GRANTED;
5. That Defendants Richard Banta and Crabtree Amusement, Inc.’s
Designation of Nonparty at Fault [#20], filed April 20, 2014, is STRICKEN; and
6. That Defendants Richard Banta and Crabtree Amusement, Inc.’s Motion
To File Supplemental Designation of Nonparty at Fault [#63], filed January 8, 2015,
is DENIED WITHOUT PREJUDICE.
Dated February 25, 2015, at Denver, Colorado.
BY THE COURT:

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