HomeMy WebLinkAbout982114.tiff WELD COUNTY
1998 OCT 22 AMISTBIZ UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CLERK
TO THE BOARD
Civil Action No. 97-D-2469
ASPHALT PAVING CO., a Colorado Corporation,
Plaintiff,
v.
FREDERICK WATTENBERG, also known as FRED.WATTENBERG; THOMAS GILHEANY;
THE GREAT WESTERN RAILWAY COMPANY; UNITED STATES OF AMERICA;
WATTENBERG IMPROVEMENT ASSOCIATION, INC.; X O EXPLORATION, INC.; K. N.
FRONT RANGE GATHERING COMPANY; THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD; FREDERICK WATTENBERG, JR.; FRITZ WATTENBERG;
WILLIAM WATTENBERG; JULIUS WATTENBERG; CHRISTIAN WATTENBERG;
BEVERLY VAN OEVEREN; HAZEL COLLINS; EUGENE HENMAN; MARGENE HALL;
MARIE WATTENBERG; HENRY WATTENBERG; FLORENCE NELSON; LOUISE
WATTENBERG; JAMES WATTENBERG; FLORENCE CONTER; FRED WATTENBERG;
ROBERT WATTENBERG; MARY LEDFORD; DONALD PAUL WATTENBERG; HELEN
LEWIS;EDWARD PERRY; GENE PERRY; E. L. WATTENBERG; RANDY WATTENBERG;
JOHN WATTENBERG; ANNA WATTENBERG; AEON ENERGY CO.; ROCKY H.
WATTENBERG; HELEN AGNES COLBERT; DENVER PACIFIC RAILROAD AND
TELEGRAPH CO.; PUBLIC SERVICE COMPANY OF COLORADO; DONNA ROUTZEN;
MARTIN GEORGE SCHMIDT;PANHANDLE EASTERN PIPELINE COMPANY;BRIGHTON
DITCH CO.; AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE
SUBJECT MATTER OF THIS ACTION,
Defendants.
MOTION FOR DEFAULT JUDGMENT
Plaintiff Asphalt Paving Co., by and through its attorneys, Banks & Imatani, P.C., hereby
moves this Court for entry of default judgment against Defendants Beverly Van Oeveren, Mary
Ledford,Frederick Wattenberg,E.L. Wattenberg, Brighton Ditch Co. and Public Service Company
of Colorado pursuant to Rule 55, F.R.C.P., and in support thereof states as follows:
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1. Plaintiff initially filed its Complaint against various defendants in the Fall of
1997 in the Weld County District Court, State of Colorado to quiet title to certain property located
in Weld County, Colorado ("Property"), and the state court action was removed to this Court upon
motion of Defendant United States of America on November 21, 1997.
2. On November 3, 1997, pursuant to Rule 4, Colorado Rules of Civil Procedure,
Defendant Beverly Van Oeveren was served with a Summons and a copy of Plaintiffs Complaint as
evidenced by the Certificate of Affidavit of Service filed with the state court and certified as part of
the record to this Court.
3. On October 31, 1997, pursuant to Rule 4, Colorado Rules of Civil Procedure,
Defendant Mary Ledford was served with a Summons and a copy of Plaintiffs Complaint as
evidenced by the Certificate of Affidavit of Service filed with the state court and certified as part of
the record to this Court.
4. On July 21, 1998, pursuant to Rule 4, Federal Rules of Civil Procedure,
Defendant Frederick Wattenberg was served with a Summons and a copy of Plaintiffs Complaint as
evidenced by the Return of Service of Writ filed with this Court.
5. On October 30, 1997,pursuant to Rule 4, Colorado Rules of Civil Procedure,
Defendant E. L. Wattenberg was served with a Summons and a copy of Plaintiffs Complaint as
evidenced by the Certificate of Affidavit of Service filed with the state court and certified as part of
the record to this Court.
6. On October 30, 1997, pursuant to Rule 4, Colorado Rules of Civil Procedure,
Defendant Brighton Ditch Co. was served with a Summons and a copy of Plaintiffs Complaint as
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evidenced by the Certificate of Affidavit of Service filed with the state court and certified as part of
the record to this Court.
7. On October 31, 1997, pursuant to Rule 4, Colorado Rules of Civil Procedure,
Defendant Public Service Company of Colorado was served with a Summons and a copy of Plaintiffs
Complaint as evidenced by the Certificate of Affidavit of Service filed with the state court and
certified as part of the record to this Court.
8. None of said Defendants is an infant or incompetent person.
9. None of said Defendants has filed an answer or otherwise responded to
Plaintiffs Complaint in this action.
10. None of said Defendants has an interest, estate or claim of any kind whatsoever
in the Property.
11. As to all of said Defendants, Plaintiff is the owner in fee simple and entitled
to possession of the Property.
12. There is no just reason for delaying entry of default judgment against
Defendants Beverly Van Oeveren,Mary Ledford,Frederick Wattenberg, E. L. Wattenberg, Brighton
Ditch Co. and Public Service Company of Colorado.
WHEREFORE, Plaintiff Asphalt Paving Co. prays that this Court find and order that there
is no just reason for delaying entry of default judgment against Defendants Beverly Van Oeveren,
Mary Ledford, Frederick Wattenberg, E. L. Wattenberg, Brighton Ditch Co. and Public Service
Company of Colorado; that default judgment be entered against Defendants Beverly Van Oeveren,
Mary Ledford, Frederick Wattenberg, E. L. Wattenberg, Brighton Ditch Co. and Public Service
Company of Colorado by the Court declaring that the Defendants have no interest, estate nor claim
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of any kind whatsoever in the Property; that as to Defendants Beverly Van Oeveren, Mary Ledford,
Frederick Wattenberg, E. L. Wattenberg, Brighton Ditch Co. and Public Service Company of
Colorado, Plaintiff Asphalt Paving Co. is the owner in fee simple and entitled to possession of the
Property; that this Motion shall not terminate this action; that Plaintiff Asphalt Paving Co. may
proceed against the remaining Defendants; and for such other and further relief as this Court deems
just and proper.
Respectfully submitted this I day of , 1998.
BANKS & IMATANI, P.C.
• By:
E and Imatani
1200 17th Street, Suite 1310
Denver, Colorado 80202
Telephone: (303) 572-6565
ATTORNEYS FOR PLAINTIFF
ASPHALT PAVING CO.
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on theog, day of O , 1998, I mailed a true
and correct copy of the foregoing MOTION FOR DEFAULT JUDGMENT, by placing same in the
U. S. Mail, postage prepaid, addressed to the following:
William H. Southard,Esq.
1025 9th Avenue, Suite 309
Greeley, CO 80631
4
Keith D. Tooley, Esq.
Welborn Sullivan Meek& Tooley, P.C.
1775 Sherman Street, Suite 1800
Denver, CO 80203
Robert D. Clark, Esq.
Assistant U. S. Attorney
1961 Stout Street, Suite 1100
Denver, CO 80294
Ronald J. Klinefelter, Jr., Esq.
Western Area Power Administration
U.S. Department of Energy
P.O. Box 3402
Golden, CO 80401
Fred Wattenberg
2163 U-75 Road
Cederedge, CO 81413
Brad W. Schacht, Esq.
Otten, Johnson, Robinson, Neff&Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, CO 80202-2827
K N Front Range Gathering
6353 N. 7th Avenue
Brighton, CO 80601
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Beverly Van Oeveren
1130 S. 9th Avenue, #107
Sterling, CO 80751
Hazel Collins
P.O. Box 753
Silver Springs,NV 89429
5
Edward Eugene Henman
1120 Alderson Ave.
Billings, MT 59102
Louise Wattenberg
Brighton Care Center
2025 S. Egbert
Brighton, CO 80601
James Wattenberg
12230 Levi Circle
Henderson, CO 80640
Florence Conter
14600 E. 136t Avenue
Brighton, CO 80601
Robert Wattenberg
12421 Racine
Henderson, CO 80640
Mary Ledford
981 Dakin Street
Denver, CO 80221
Donald Paul Wattenberg
Box 39765
Ninilchik, AK 99639
Helen Lewis
14390 E. Marina Dr., #606
Aurora, CO 80014
Gene Perry
87 Swan Avenue
Worchester, MA 01602
E. L. Wattenberg
200 N. 35th Avenue, #181
Greeley, CO 80631
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Randy Wattenberg
3680 E. 133" Circle
Thornton, CO 80241
John Wattenberg
247 S. 3r°Avenue
Brighton, CO 80601
Public Service Company
17th Street Plaza
1225 17th Street
Denver, CO 80202
Donna Routzen
13525 WCR#8
Fort Lupton, CO 80621
Martin George Schmidt
294 S. 22n°Avenue
Brighton, CO 80601
Panhandle Eastern Pipeline Co.
4407 NRR 1 RN Ave.
Cushion, OK 73016-9801
Brighton Ditch Co.
11553 WCR 6
Brighton, CO 80601
Bernadette
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9. ,211/1.7
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