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Passenger Trains > Ski Train-Amtrak hearing 10 a.m. Wednesday


Date: 12/23/09 07:17
Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: grande473

The hearing on the restraining order will be before Federal District Judge Robert Blackburn in court room A201 in Denver. Blackburn has been a judge since 1985, starting as a municipal judge in the southeastern Colorado town of Kim before moving to the state bench in Colorado's 16th district. In 2001 he was nominated by President George W. Bush to the Federal Bench.
Jeffery Bursell is listed as the attorney for Iowa Pacific. Several attorneys by that name are lists in Google. No attorney is listed for Amtrak.
The case number is 09-cv-02977-REB. The decision has to be rendered today as the court is closed Thursday through Sunday for Christmas.



Date: 12/23/09 07:21
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: WAF

Blackburn has handled a lot of high profile cases in Denver



Date: 12/23/09 07:50
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: grande473

The comments on the Robing Room website are all over the spectrum regarding Blackburn's abilities as a judge. I guess it depends on whether the poster won or lost the case. Blackburn was cited as a stickler on procedure, which makes matters unpleasant for attorneys who are not prepared. One Colorado attorney, Mark Brennan was suspended from practicing law by a committee of the Colorado (State) Supreme Court for conduct in a trial before Blackburn.
Blackburn is slow in issuing orders, which may not be good for Iowa Pacific.



Date: 12/23/09 08:16
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: NebraskaZephyr

grande473 Wrote:
-------------------------------------------------------
> The case number is 09-cv-02977-REB. The decision
> has to be rendered today as the court is closed
> Thursday through Sunday for Christmas.

Technically, no, the decision does NOT *have* to be rendered today.

The judge can make his ruling when he sees fit. He and his clerks may need to research prior case law in order to render a legally correct decision, and that might take beyond close of business today. The legal system is based on the premise that getting it right takes precedence over getting it fast.

That said, I expect every effort will be made to render a verdict today, considering the public interest in the Denver area, but likely not at the expense of a rushed decision that is flawed and subject to appeal. If this thing goes into the appeal process it might not get resolved for the 2009-10 season. A TRO (Temporary Restraining Order) might be possible, but it also might not be enforceable if it puts an undue legal burden on one or the other party.

If it doesn't happen today, then no Ski Train at least until the ruling is handed down, possibly not at all this year, depending on what he rules.

NZ
Not a lawyer, but I have stayed at a Holiday Inn Express...



Date: 12/23/09 08:31
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: dan

Anglea was ready to provide food service, 1989 wanted to assist








Date: 12/23/09 09:46
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: railstiesballast

Can someone provide the background on this case? Sorry if I have missed it.



Date: 12/23/09 09:51
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: grande473

There are 34 posts over three threads on the passenger board. That will give more than one want to know.



Date: 12/23/09 09:57
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: Lackawanna484

railstiesballast Wrote:
-------------------------------------------------------
> Can someone provide the background on this case?
> Sorry if I have missed it.


Here's a summary of the situation from the Denver Post newspaper.


http://www.denverpost.com/news/ci_14054092



Date: 12/23/09 09:57
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: railstiesballast

Thanks, guilty of typing before reading further down.



Date: 12/23/09 12:56
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: cozephyr

Rio Grande Scenic Ski Train on snowy December 23, 2009 at Denver Union Station, Denver, Colorado. Waiting for the court outcome.


May your Christmas wish come true!




Date: 12/23/09 14:49
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: dan

The decision should be on the courts' website soon



Date: 12/27/09 12:29
Re: Ski Train-Amtrak hearing 10 a.m. Wednesday
Author: ProAmtrak

Hope it's a good one since the regular equipment left town! Kinda sucks somethin' that's been goin' on for years nearly didn't happen!



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