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Motion to Remand

Motion to Remand

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Published by Circuit Media
Plaintiffs' motion to remand Snyder v. Vail Resorts to state court.
Plaintiffs' motion to remand Snyder v. Vail Resorts to state court.

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Published by: Circuit Media on Sep 12, 2009
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05/10/2013

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{00256304.DOC 3}
 IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADOCivil Action No. 09-CV-2170-CMA-KMTANTHONY SNYDER, CATHERINE SNYDER, CASEY SNYDER, on behalf of himself andOLYVIA SNYDER and ELLA SNYDER, BRETT SNYDER, CLAIRE BASSLER, JOCELYNDOERFER WHITNEY, ALEXIS HAWKINS, MITZE HAWKINS, SCOTT HAWKINS,SONJA E. RODLI, on behalf of SALLY E. RODLI and ANNA E. RODLI, LESLIESTERNLICHT, THOMAS O’BRIEN, ELLEN O’BRIEN NEILEY, COLIN O’BRIEN, JUSTINO’BRIEN, ELIOTT ROBERTSON, ROBERT ST. JOHN, BARBARA SCHNEEMAN,ELIZABETH WALTER as Counterclaim Defendant, and KOERT VOORHEESPlaintiffsv.VAIL RESORTS, INC., THE VAIL CORPORATION, and VAIL SUMMIT RESORTS, INC.,Defendants.
PLAINTIFFS’ FORTHWITH MOTION FOR REMANDAND MOTION FOR SANCTIONSREQUEST FOR EMERGENCY HEARING
Plaintiffs, by and through their attorneys, Jacobs Chase Frick Kleinkopf & Kelley, LLC,respectfully submit this Forthwith Motion for Remand and Motion for Sanctions and Request forEmergency Hearing.To save a two-week trial set to begin on September 21, 2009 in Summit County,Colorado, a trial Plaintiffs have been looking forward to for nearly three years, Plaintiffs ask foran emergency forthwith hearing and immediate remand of this case to the District Court forSummit County, Colorado. Plaintiffs also seek sanctions against both Counsel and the VailDefendants (“Vail”) for pulling a stunt that has to qualify as among the most cynical and tactical
Case 1:09-cv-02170-CMA Document 2 Filed 09/11/2009 USDC Colorado Page 1 of 13
 
 
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 misuses of the rules of procedure that can be contemplated—the filing of an utterly frivolousremoval notice on the eve of a multi-million dollar trial. Plaintiffs have notified the state court judge of their intent to file this emergency motion, so as to not lose a trial date that the StateCourt had declared to be “firm.”
Introduction
This case is literally on the eve of a two-week trial scheduled to begin on September 21,2009. The matter has been pending for nearly three years (originally filed in November of 2006). A number of the Plaintiffs are older than 80 years old. Witnesses are being prepared,cross-examinations outlined, pretrial orders have been issued, plane tickets for out of statewitnesses have been purchased, orders of proof have been filed, exhibits exchanged. The trialcourt held its pretrial conference on August 24, 2009, where all parties indicated preparednessfor trial. The parties have filed dozens and dozens of pretrial motions, including summary judgment motions and motions in limine, which the District Judge is dutifully plowing throughas trial approaches. As recently as Wednesday, September 9, 2009, the District Judge held astatus conference on pretrial publicity, confirmed she was still working on outstanding motions,and explained she had ordered the Summit County clerk to increase the size of the panel to becalled for jury service.
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And now, without warning, Vail removes the case to federal courtasserting as a basis for removal a justification that is beyond frivolous. The costs to the Plaintiffsin terms of time and money are significant, but the loss of trial preparation time (in order to
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Vail’s counsel was specifically asked by the Summit County Court whether they intended tosubmit any additional substantive filings. Vail mentioned only a motion relating to late disclosedexpert evidence.
Case 1:09-cv-02170-CMA Document 2 Filed 09/11/2009 USDC Colorado Page 2 of 13
 
 
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 respond to a frivolous removal notice) and the possible loss of a trial date are potentiallycatastrophic.The removal notice completely misrepresents Plaintiffs’ claims and is fabricated nearlyout of whole cloth by selectively editing and ignoring entire portions of the relevant filing. Theremoval notice focuses on the last line of an objection to a proposed Vail jury instruction—ignoring the majority of the objection, which emphasizes again and again the fact that Plaintiffs’claims sound in state contract law. The removal notice should be seen for what it is—atransparent and misleading tactic to disrupt the judicial process and the orderly administration of  justice. A remand order should issue forthwith, and Vail and its counsel should be ordered eitherto pay Plaintiffs’ fees or some other more appropriate sanction should be imposed.
See
 
Smith v.Student Non-Violent Coordinating Committee
, 421 F.2d 522 (5th Cir. 1969) (ordering sanctionswhere removal was not an action taken by the Defendants in good faith, but was, on the contrary,an action taken in bad faith with the obvious purpose and intent of simply frustrating the trial of the issues in the state court).
Case History and Plaintiffs’ Claims
 Believe it or not, for a matter that has been pending for nearly three years, this case isfairly simple. Plaintiffs are owners of lifetime transferable ski passes issued by Keystone Resortwhen it was founded. Because the passes were transferable on a daily basis from the owner toanyone the owner wanted, and imposed no limitations on to whom or for what purpose theycould be transferred, pass owners have for years been transferring the passes to others on a dailybasis for money—effectively renting out the transferable ski passes.
See
Fourth Amended
 
Case 1:09-cv-02170-CMA Document 2 Filed 09/11/2009 USDC Colorado Page 3 of 13

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