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DATE FILED: April 2, 2020 7:07 PM
DISTRICT COURT OF ROUTT COUNTY, COLORADO FILING ID: 92B7CAC78E53D
Court Address: 1955 Shield Drive, Unit 200 CASE NUMBER: 2019CV30008
Steamboat Springs, Colorado 80487
Telephone: (970) 879-5020
Plaintiff: DUCKELS CONSTRUCTION, INC., A
Colorado corporation
v.
Defendant: SUSAN CHERYL DRIGGERS
ATTORNEY FOR DEFENDANT:
Gary S. Engle, Esq., Atty. No. 27768
Elizabeth H. Hinchman, Atty. No. 48045 COURT USE ONLY
Sharp, Sherman & Engle, LLC
P.O. Box 774608 / 401 Lincoln Avenue Case No: 2019CV030008
Steamboat Springs, CO 80477
Phone Number: (970) 879-7600
FAX Number: (970) 879-8162
E-mail: engle@steamboatlawfirm.com
hinchman@steamboatlawfirm.com
NOTICE OF CASE STATUS AND
REQUEST FOR STATUS CONFERENCE
COMES NOW DEFENDANT, Susan Cheryl Driggers, by and through counsel
undersigned, and hereby submits this Notice of Case Status and Request for Status Conference, as
follows:
1. This matter was filed on January 16, 2019.
2. A Writ of Prejudgment Attachment was issued on July 10, 2019, effectively locking
down all of Defendant’s assets, monies, and personal property.
3. Facing possible criminal charges in connection with the facts underlying this case,
Defendant requested a stay of discovery on the basis that she could not adequately answer
discovery without jeopardy to her Fifth Amendment Right against self-incrimination.
4. On that basis, on August 29, 2019, the Court granted a stay of all formal discovery
requests to Defendant Driggers until October 31, 2019.
5. Shortly thereafter, on July 25, 2019, Defendant was arrested and is currently being
prosecuted at 2019CR113.
6. The Court thereafter extended that stay pending the resolution of the criminal
charges in 2019CR113 and also extended the stay to include all discovery by either party.
7. However, the Court declined to stay the underlying action and the case is currently
set for a seven (7) day jury trial beginning on July 9, 2020.
8. To date, little, if any, discovery has taken place by either side in preparation of trial.
9. Said criminal case has not been resolved and appears to be proceeding to trial. Trial
in the criminal matter is currently scheduled for July 23, 2020, immediately following the
scheduled civil trial. At the time the criminal trial setting, the prosecution was agreeable to setting
the criminal trial following the civil trial. With the current outbreak of Covid-19 and the
resignation of Assistant District Attorney Alexis Jennings (the prosecutor assigned to this matter)
it is unclear whether the criminal case might be heard.
10. With the Writ of Attachment in place Defendant is without resources and it is
necessary that the civil case proceed.
11. Contemporaneously herewith, Defendant has served her Responses to Plaintiff’s
Discovery Requests, her 2nd Supplemental Disclosures, her Objections to Plaintiff’s Discovery
Responses to Defendant’s Discovery Requests, and has filed her Motion for Partial Summary
Judgment Re: Statute of Limitations, and her Motion to Strike the Opinions of Plaintiff’s
accounting expert.
WHEREFORE, Defendant respectfully requests a brief Status Conference to discuss the
status of this matter, lifting the discovery stay, and confirming the Case Management Order dates
and deadlines and the trial date.
RESPECTFULLY SUBMITTED this 2nd day of April, 2020.
SHARP, SHERMAN & ENGLE, LLC
Original signature on file for review upon request at the
Office of Sharp, Sherman & Engle LLC
By: /s/ Gary S. Engle _________________
Gary S. Engle, Esq., Atty. No. 27768
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on this 2nd day of April, 2020, a true and correct copy of the foregoing
Notice of Case Status and Request for Status Conference was electronically served upon the
following person(s) via ICCES E-Filing and Serve, E-mail, Facsimile, and/or U.S. Mail, postage
prepaid:
Tamir Goldstein, Esq.
Alyssa Levy, Esq.
Sherman & Howard L.L.C.
633 17th Street, #3000
Denver, CO 80202
SHARP, SHERMAN & ENGLE LLC
Original signature on file for review upon request at the
Office of Sharp, Sherman & Engle LLC
/s/ Heather C. MacGillivray
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DATE FILED: April 2, 2020 7:07 PM DISTRICT COURT OF ROUTT COUNTY, COLORADO FILING ID: 92B7CAC78E53D Court Address: 1955 Shield Drive, Unit 200 CASE NUMBER: 2019CV30008 Steamboat Springs, Colorado 80487 Telephone: (970) 879-5020 Plaintiff: DUCKELS CONSTRUCTION, INC., A Colorado corporation v. Defendant: SUSAN CHERYL DRIGGERS ATTORNEY FOR DEFENDANT: Gary S. Engle, Esq., Atty. No. 27768 Elizabeth H. Hinchman, Atty. No. 48045 COURT USE ONLY Sharp, Sherman & Engle, LLC P.O. Box 774608 / 401 Lincoln Avenue Case No: 2019CV030008 Steamboat Springs, CO 80477 Phone Number: (970) 879-7600 FAX Number: (970) 879-8162 E-mail: engle@steamboatlawfirm.com hinchman@steamboatlawfirm.com NOTICE OF CASE STATUS AND REQUEST FOR STATUS CONFERENCE COMES NOW DEFENDANT, Susan Cheryl Driggers, by and through counsel undersigned, and hereby submits this Notice of Case Status and Request for Status Conference, as follows: 1. This matter was filed on January 16, 2019. 2. A Writ of Prejudgment Attachment was issued on July 10, 2019, effectively locking down all of Defendant’s assets, monies, and personal property. 3. Facing possible criminal charges in connection with the facts underlying this case, Defendant requested a stay of discovery on the basis that she could not adequately answer discovery without jeopardy to her Fifth Amendment Right against self-incrimination. 4. On that basis, on August 29, 2019, the Court granted a stay of all formal discovery requests to Defendant Driggers until October 31, 2019. 5. Shortly thereafter, on July 25, 2019, Defendant was arrested and is currently being prosecuted at 2019CR113. 6. The Court thereafter extended that stay pending the resolution of the criminal charges in 2019CR113 and also extended the stay to include all discovery by either party. 7. However, the Court declined to stay the underlying action and the case is currently set for a seven (7) day jury trial beginning on July 9, 2020. 8. To date, little, if any, discovery has taken place by either side in preparation of trial. 9. Said criminal case has not been resolved and appears to be proceeding to trial. Trial in the criminal matter is currently scheduled for July 23, 2020, immediately following the scheduled civil trial. At the time the criminal trial setting, the prosecution was agreeable to setting the criminal trial following the civil trial. With the current outbreak of Covid-19 and the resignation of Assistant District Attorney Alexis Jennings (the prosecutor assigned to this matter) it is unclear whether the criminal case might be heard. 10. With the Writ of Attachment in place Defendant is without resources and it is necessary that the civil case proceed. 11. Contemporaneously herewith, Defendant has served her Responses to Plaintiff’s Discovery Requests, her 2nd Supplemental Disclosures, her Objections to Plaintiff’s Discovery Responses to Defendant’s Discovery Requests, and has filed her Motion for Partial Summary Judgment Re: Statute of Limitations, and her Motion to Strike the Opinions of Plaintiff’s accounting expert. WHEREFORE, Defendant respectfully requests a brief Status Conference to discuss the status of this matter, lifting the discovery stay, and confirming the Case Management Order dates and deadlines and the trial date. RESPECTFULLY SUBMITTED this 2nd day of April, 2020. SHARP, SHERMAN & ENGLE, LLC Original signature on file for review upon request at the Office of Sharp, Sherman & Engle LLC By: /s/ Gary S. Engle _________________ Gary S. Engle, Esq., Atty. No. 27768 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of April, 2020, a true and correct copy of the foregoing Notice of Case Status and Request for Status Conference was electronically served upon the following person(s) via ICCES E-Filing and Serve, E-mail, Facsimile, and/or U.S. Mail, postage prepaid: Tamir Goldstein, Esq. Alyssa Levy, Esq. Sherman & Howard L.L.C. 633 17th Street, #3000 Denver, CO 80202 SHARP, SHERMAN & ENGLE LLC Original signature on file for review upon request at the Office of Sharp, Sherman & Engle LLC /s/ Heather C. MacGillivray