Case: Collins v. Meyers

1:21-cv-02713 | U.S. District Court for the District of Colorado

Filed Date: Oct. 7, 2021

Closed Date: Oct. 28, 2021

Clearinghouse coding complete

Case Summary

Resort Meeting Source, a Colorado-based event planning company and its CEO filed suit in the District of Colorado on October 7, 2021 against the Executive Director of the Colorado Office of Economic and International Trade (OEIT). The plaintiff brought suit under 42 U.S.C. § 1983 for an alleged breach of the Equal Protection Clause of the Fourteenth Amendment. They asked for declaratory and injunctive relief, attorney’s fees, as well as the certification of a class of "all non-minority busines…

Resort Meeting Source, a Colorado-based event planning company and its CEO filed suit in the District of Colorado on October 7, 2021 against the Executive Director of the Colorado Office of Economic and International Trade (OEIT). The plaintiff brought suit under 42 U.S.C. § 1983 for an alleged breach of the Equal Protection Clause of the Fourteenth Amendment. They asked for declaratory and injunctive relief, attorney’s fees, as well as the certification of a class of "all non-minority businesses that have applied for a grant under the Disproportionately Impacted Business Grant Program." The plaintiffs were represented by the Pacific Legal Foundation and case was assigned to Judge William J. Martinez and Magistrate Judge Nina Y. Wang.

The plaintiff alleged that a Colorado COVID-19 relief bill intended to help struggling businesses during the COVID-19 pandemic violated the Equal Protection clause of the Fourteenth Amendment. The bill stated that to apply for relief funds from the OEIT, a business had to be a “disproportionately impacted business. To qualify as a disproportionately impacted business, a business had to either be a “minority-owned business” (defined as “businesses that are at least 51% owned by members of racial minority groups") or meet one of six other criteria (e.g., have five or few employees, be located in an economically distressed area, have an owner of low or moderate personal wealth). In addition to the eligibility criteria, the plaintiff alleged that OEIT gave preference to minority-owned businesses over other disproportionately impacted businesses. The plaintiff claimed that these provisions were unconstitutional because they discriminated against him because of his race. At the time of the complaint, the plaintiff had applied for relief funds from OEIT, but had presumably not received a decision from OEIT.

On October 8, 2021, the plaintiff filed a motion for a TRO and preliminary injunction enjoining OEIT from “from enforcing or giving any effect to the minority-owned business preference . . . in distributing COVID-19 relief grants.” On October 12, 2021, the Court granted the plaintiff’s motion for a TRO and kept the motion for a preliminary injunction under advisement.

After the TRO was granted, the defendant filed a motion to dismiss for lack of subject-matter jurisdiction. On October 28, 2021, the Court granted the defendant’s motion to dismiss, stating that there was no “injury in fact” because the plaintiff ended up receiving the funds they applied from OEIT. All pending motions were thereafter denied as moot. The case is now closed.

Summary Authors

Richard Cantoral (11/3/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/60635041/parties/collins-v-meyers/


Judge(s)

Martinez, William Joseph (Colorado)

Wang, Nina Y. (Colorado)

Attorneys(s) for Plaintiff

Fa, Wencong M (California)

Roper, Glenn Evans (Colorado)

Attorneys(s) for Defendant

Baumann, Peter G (Colorado)

Kotlarczyk, Michael (Colorado)

Judge(s)

Martinez, William Joseph (Colorado)

Wang, Nina Y. (Colorado)

Attorneys(s) for Plaintiff

Fa, Wencong M (California)

Roper, Glenn Evans (Colorado)

Attorneys(s) for Defendant

Baumann, Peter G (Colorado)

Kotlarczyk, Michael (Colorado)

Documents in the Clearinghouse

Document

1:21-cv-02713

Docket [PACER]

Oct. 28, 2021

Oct. 28, 2021

Docket
1

1:21-cv-02713

Class-Action Complaint for Declaratory and Injunctive Relief

Oct. 7, 2021

Oct. 7, 2021

Complaint
14

1:21-cv-02713

Order Granting in Part and Reserving Ruling in Part on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

Oct. 12, 2021

Oct. 12, 2021

Order/Opinion
25

1:21-cv-02713

Order on Pending Motions

Oct. 28, 2021

Oct. 28, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60635041/collins-v-meyers/

Last updated July 19, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Patrick Meyers (Filing fee $ 402,Receipt Number ACODC-8114814)Attorney Wencong Fa added to party Stephen Collins(pty:pla), Attorney Wencong Fa added to party Resort Meeting Source(pty:pla), filed by Stephen Collins, Resort Meeting Source. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Fa, Wencong) (Entered: 10/07/2021)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Oct. 7, 2021

Oct. 7, 2021

RECAP
2

Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (cpomm, ) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
3

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (cpomm, ) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
4

CORPORATE DISCLOSURE STATEMENT. (Fa, Wencong) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
5

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiffs Stephen E Collins, Resort Meeting Source. (Fa, Wencong) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
6

DECLARATION of Stephen E. Collins regarding MOTION for Temporary Restraining Order MOTION for Preliminary Injunction 5 by Plaintiffs Stephen E Collins, Resort Meeting Source. (Fa, Wencong) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
7

MOTION to Certify Class by Plaintiffs Stephen E Collins, Resort Meeting Source. (Fa, Wencong) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
8

NOTICE of Entry of Appearance by Peter G. Baumann on behalf of Patrick MeyersAttorney Peter G. Baumann added to party Patrick Meyers(pty:dft) (Baumann, Peter) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
9

NOTICE of Entry of Appearance by Michael T. Kotlarczyk on behalf of Patrick MeyersAttorney Michael T. Kotlarczyk added to party Patrick Meyers(pty:dft) (Kotlarczyk, Michael) (Entered: 10/11/2021)

Oct. 11, 2021

Oct. 11, 2021

PACER
10

SUMMONS Returned Executed by Stephen E Collins, Resort Meeting Source. Patrick Meyers served on 10/8/2021, answer due 10/29/2021. (Fa, Wencong) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
11

AFFIDAVIT/RETURN of Service of Motions for Temporary Restraining Order and Preliminary Injunction, and all case documents listed on the attached Affidavit upon Patrick Meyers, through the Colorado Attorney General's Office on 10/08/2021, filed by Plaintiffs Stephen E Collins, Resort Meeting Source (Fa, Wencong) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
12

ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/12/2021. Text Only Entry (wjmsec, ) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
13

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 10 /12/2021. Text Only Entry (wjmsec, ) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
14

ORDER granting in part and reserving ruling in part 5 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. See Order for details. SO ORDERED by Judge William J. Martinez on 10/12/2021. (wjmlc1, )

Oct. 12, 2021

Oct. 12, 2021

RECAP

Order Referring Case to Magistrate Judge

Oct. 12, 2021

Oct. 12, 2021

PACER

Order

Oct. 12, 2021

Oct. 12, 2021

PACER
15

MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) by Defendant Patrick Meyers. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kotlarczyk, Michael) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
16

ORDER. The Court has under advisement 15 Defendant's Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1). By tomorrow, October 14, 2021 at 2:00 p.m. Mountain Time, Plaintiffs shall file a response to the Motion to Dismiss. No reply will be accepted absent further leave or order of the Court. SO ORDERED by Judge William J. Martinez on 10/13/2021. Text Only Entry (wjmlc1, ) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
17

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 10/13/2021. Proposed Scheduling Order due 12/29/2021. Scheduling Conference set for 1/5/2022 09:30 AM before Magistrate Judge Nina Y. Wang, via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. (alave, ) (Entered: 10/14/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER

Order

Oct. 13, 2021

Oct. 13, 2021

PACER
18

NOTICE of Change of Address/Contact Information of Plaintiffs' Attorney Wencong Fa, by Wencong Fa (Fa, Wencong) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
19

RESPONSE to 15 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) filed by Plaintiffs Stephen E Collins, Resort Meeting Source. (Attachments: # 1 Exhibit 1 - Correspondence with Counsel)(Fa, Wencong) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
20

ORDER Clarifying the Court's Temporary Restraining Order 14 and Setting Briefing Schedule on Defendant's Motion to Dismiss 15 . Defendant shall have until October 20, 2021 to file a reply in support of his Motion to Dismiss. In the interests of justice, recognizing that the Court only gave Plaintiffs a very brief amount of time to file their response to the Motion to Dismiss, Plaintiffs may file a sur-reply by no later than October 25, 2021. Given the filing of Defendant's Motion to Dismiss, the Court hereby SUSPENDS briefing on that part of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction seeking a preliminary injunction until further order of the Court. SO ORDERED by Judge William J. Martinez on 10/15/2021. (trvo, ) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
21

REPLY to Response to 15 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) filed by Defendant Patrick Meyers. (Attachments: # 1 Exhibit A)(Baumann, Peter) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
22

SURREPLY re 15 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) filed by Plaintiffs Stephen E Collins, Resort Meeting Source. (Attachments: # 1 Exhibit 1 - DIBG Info)(Fa, Wencong) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
23

DECLARATION of Stephen E. Collins regarding Surreply 22 by Plaintiffs Stephen E Collins, Resort Meeting Source. (Fa, Wencong) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
24

ORDER Extending Temporary Restraining Order. The Court hereby ORDERS that the Court's October 12, 2021 Temporary Restraining Order (ECF No. 14 ) is EXTENDED, and the TRO shall now expire at 11:59 p.m. on October 29, 2021, unless the Court earlier dissolves it. SO ORDERED by Judge William J. Martinez on 10/26/2021. (trvo, ) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

RECAP
25

ORDER on Pending Motions denying as moot 5 Motion for TRO and Motion for Preliminary Injunction; denying as moot 7 Motion to Certify Class; granting 15 Motion to Dismiss. Entered by Judge William J. Martinez on 10/28/2021.(lrobe) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

RECAP
26

FINAL JUDGMENT pursuant to 25 Order. Entered by Clerk on 10/28/2021. (lrobe) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Oct. 7, 2021

Closing Date: Oct. 28, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Colorado event-planning business owned by a white man.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Colorado Office of Economic Development and International Trade, (Denver, Denver), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Disparate Impact

Disparate Treatment

Government Services

Public assistance grants

Discrimination-basis:

Race discrimination

Race:

White