SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, January 9, 2018 Bailiff: Chambers of Justice Boatright. 9:00 a.m. EN BANC 2016SC906 (1 HOUR)

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1 9:00 a.m. 2016SC906 (1 HOUR) In re the Marriage of Petitioner: My Rooks, Respondent: Drake Rooks. For the Petitioner: Katayoun Azizpour Donnelly AZIZPOUR DONNELLY LLC For the Respondent: James William Giese JAMES W. GIESE P.C. For Amicus Curiae Academy of Adoption Assited Reproduction Attys: Rajesh Kukreja Christopher Michael Lauvane Jackson SHERMAN & HOWARD L.L.C. For Amicus Curiae Amer Assoc of ProLife Obstetricians Gynecologists: Rebecca R Messall MESSALL LAW FIRM LLC Thomas Olp Rita Louise Lowery Gitchell For Amicus Curiae Colorado Chapter of American Academy of Matrimonial Lawyers: K R Willoughby WILLOUGHBY & ASSOCIATES David M. Johnson Certiorari to the Colorado Court of Appeals, 2015CA990 Docketed: December 1, 2016 At Issue: October 11, 2017 For Amicus Curiae Colorado Women's Bar Association: Carrie Elizabeth Johnson Ama K. Housel BROWNSTEIN HYATT FARBER SCHRECK [REFRAMED] Whether the court of appeals erred in applying an abuse of discretion stard of review in reviewing the trial court's determination of the disposition of a couple's cryogenically frozen pre-embryos in a dissolution of marriage. [REFRAMED] Whether, in the absence of an agreement between the parties, the court of appeals erred in its adoption of the balancing of interests approach to determine the disposition of the parties' cryogenically frozen pre-embryos in a dissolution of marriage.

2 10:00 a.m. 2016SC305 (1 HOUR) Petitioners: Rocky Mountain Exploration, Inc. RMEI Bakken Joint Venture Group, Respondents: Davis Graham & Stubbs LLP Gregory Danielson. Certiorari to the Colorado Court of Appeals, 2014CA1483 Docketed: April 18, 2016 At Issue: October 11, 2017 For the Petitioners: Dean S Neuwirth DEAN NEUWIRTH P.C. Phillip G. Greenfield William D. Beil GERMAN MAY PC For the Respondents: Tami Goodlette Gregory B Kanan Frederick James Baumann LEWIS ROCA ROTHGERBER CHRISTIE LLP Sean Connelly ZONIES LAW LLC For Amicus Curiae Attorneys Liability Assurance Society Inc: Jessica Elise Yates SNELL WILMER L.L.P. Whether a party can avoid a contract based on fraud occurring after the contract has been executed but before it has closed. Whether, where a form agreement commonly used in oil gas well drilling operations disclaims a partnership among the well's investors operator, that form, as a matter of law, negates every other preexisting joint venture among its parties. Whether a seller may avoid a contract for fraud when any combination of words, conduct, omissions by the buyer buyer's purported attorney intentionally creates the false impression that the buyer is not acting for an undisclosed principal with whom the buyer attorney know the seller would not deal. Whether a buyer's assignment clause notifies a seller, as a matter of law, that the buyer is acting for an undisclosed principal. Whether the seller stated affirmative misrepresentation claims against a law firm for falsely acting as if it represented the buyer when the law firm actually represented the buyer's undisclosed principal with whom the seller would not deal.

3 11:00 a.m. 2017SA55 (1 HOUR) Applicant-Appellant: Coors Brewing Company, Opposer-Appellant: City of Thornton, Opposers-Appellees: City of Golden, Centennial Water Sanitation District, City County of Denver, City of Arvada, City of Black Hawk, City of Northglenn, City of Westminster, Climax Molybdenum Company, Farmers High Line Canal Reservoir Co., FRICO, Public Service Company of Colorado, State Division Engineers, Town of Georgetown. For the Applicant-Appellant Coors Brewing Company: Morgan L. Figuers Stephen Hunter Leonhardt Courtney Marin Shephard BURNS FIGA WILL PC Samuel D Walker MOLSON COORS BREWING CO For the Opposer-Appellant City of Thornton: John P. Justus William A Hillhouse HOSKIN FARINA KAMPF PC For the Opposer-Appellee City of Golden: Glenn Edward Porzak Corina A. Hach Steven J Bushong PORZAK BROWNING BUSHONG LLP For the Opposer-Appellee City of Arvada: Madoline Wallace-Gross Steven Patrick Jeffers LYONS GADDIS KAHN HALL JEFFERS DWOR For the Opposer-Appellee City of Westminster: Mason Hamill Brown Lee H Johnson CARLSON HAMMOND PADDOCK LLC For the Opposer-Appellee State Division Engineers: Jeffrey Neel Crian Michael Scott Toll Paul Louis Benington OFFICE OF THE ATTORNEY GENERAL

4 For Amicus Curiae Central Colorado Water Conservancy District: Bradley Charles Grasmick Wesley Sage Knoll LAWRENCE JONES CUSTER GRASMICK LLP For Amicus Curiae Martin Marietta Materials, Inc.: Wayne F Forman BROWNSTEIN HYATT FARBER SCHRECK LLP For Amicus Curiae The Consolidated Mutual Water Company: Joseph William Norris Evan D Ela COLLINS COCKREL COLE PC For Amicus Curiae Todd Creek Village Metropolitan District: Wayne F Forman BROWNSTEIN HYATT FARBER SCHRECK LLP Appeal from the District Court,, 2015CW3179 Docketed: March 16, 2017 At Issue: October 11, 2017 Whether the Water Court erred in holding that, as a matter of law, Coors may not add explicit rights of reuse or successive use for the effluent Coors generates from its fully augmented, out-of-priority diversions by amending its Augmentation Decrees, that Coors may only obtain rights of reuse or successive use for its effluent from such diversions through a new, independent appropriation. Whether the Water Court erred in concluding that the effluent or return flows Coors generates by using its fully augmented, out-of-priority diversions are subject to appropriation by other water users, like return flows from in-priority diversions of native water. Whether the Water Court erred in interpreting Coors s Augmentation Decrees to require permanent dedication of effluent or return flows to the stream, even when not needed to offset or replace out-of-priority depletions that have been fully augmented.

5 1:30 p.m. 2016SC814 (1 HOUR) Petitioners: Colorow Health Care, LLC; QP Health Care Services, LLC d/b/a Vivage Beverly Cole; Travis Young; Beverly Cole; Michael Rheinhardt; Respondents: Amy Fischer Roger Fischer. For the Petitioners Colorow Health Care, LLC, QP Health Care Services, LLC d/b/a Vivage, Beverly Cole, MichaelRheinhardt: Troy Robert Rackham FENNEMORE CRAIG PC Alan Epstein David Ben Gelman HALL & EVANS, LLC For the Petitioner Travis Young: Tiffany Norton SENTER GOLDFARB & RICE, LLC For the Respondents: Michael J. Laszlo Theodore E Laszlo LASZLO ASSOCIATES LLC William R Meyer THE MEYER LAW FIRM PC For Amicus Curiae Colorado Health Care Association: Michael Lee Francisco FRANCISCO LAW Certiorari to the Colorado Court of Appeals, 2015CA1252 Docketed: October 18, 2016 At Issue: October 11, 2017 Whether the absence of bold typeface in the notice provision set forth in section (4), C.R.S. (2016), invalidates an otherwise compliant arbitration agreement under the substantial compliance stard. Whether section , C.R.S. (2016), requires strict or substantial compliance with its provisions.

6 Oral Argument: Wednesday, January 10, 2018 Bailiff: Chambers of Justice Márquez 9:00 a.m. 2017SA113 (1 HOUR) In Re: Plaintiff: The People of the State of Colorado, Defendants: Alyse Elaine Shank Six Thous Fourteen Dollars in United States Currency. For the Plaintiff: Cameron M. Munier 17TH JUDICIAL DISTRICT ATTORNEYS OFFICE For the Defendant: Andrea Ruth Gammell COLORADO STATE PUBLIC DEFENDER Original Proceeding, District Court, Adams County, 2016CV32106 Docketed: May 25, 2017 At Issue: November 3, 2017 Whether the District Court erred, misapplied the law, exceeded its authority when it ruled that the State Public Defender Statute, C.R.S , et seq., authorizes the Public Defender to represent an indigent person in a civil forfeiture action brought pursuant to the Public Nuisance Statute, C.R.S , et seq.

7 Oral Argument: Wednesday, January 10, 2018 Bailiff: Chambers of Justice Márquez 10:00 a.m. 2016SC851 (1 HOUR) Petitioner: The City County of Denver, Respondent: Sean Dennis, as Conservator on behalf of Doreen Heyboer. For the Petitioner: Geoffrey Charles Klingsporn Wendy Jean Shea Jamesy Churchill Owen DENVER CITY ATTORNEYS OFFICE For the Respondent: David William Krivit Scot Christopher Kreider BACHUS SCHANKER LLC For Amicus Curiae Colorado Trial Lawyers Association: James Michael Croshal JAMES M. CROSHAL ATTORNEY AT LAW For Amicus Curiae State of Colorado: Kathleen L Spalding William V Allen OFFICE OF THE ATTORNEY GENERAL Certiorari to the Colorado Court of Appeals, 2015CA1572 Docketed: November 3, 2016 At Issue: November 3, 2017 Whether the court of appeals' holding that a public road constitutes an 'unreasonable risk to the health or safety of the public' simply because it is not in the same state of repair or efficiency as initially constructed improperly removes respondent's burden of proving the unreasonable risk causation elements contained within the definition of a 'dangerous condition' under the CGIA. Whether the court of appeals erred by failing to require respondent to prove that the alleged state of disrepair of the road, itself, constituted a dangerous condition that physically interfered with the movement of traffic pursuant to section (1)(d)(I), C.R.S. (2016). Whether the court of appeals erred by holding as a matter of law that a municipality's failure to maintain a public road in its 'same state of repair or efficiency as initially constructed' constitutes an 'unreasonable risk to the health or safety of the public' pursuant to the definition of a 'dangerous condition' set forth in section (1.3), C.R.S. (2016), of the Colorado Governmental Immunity Act ('CGIA').

8 Oral Argument: Wednesday, January 10, 2018 Bailiff: Chambers of Justice Márquez 11:00 a.m. 2017SA77 (1 HOUR) Plaintiffs: Adolfo Hernez, Rogelio Flores-Escobar, Francisco Silva-Garcia, Martin Perez-Medel, Gustavo Arellano- Olmos, Luis Leon-Salinas, Manuel Morales, Defendants: Ray Domenico Farms, Inc.; Gregory L. Domenico; Theresa M. Domenico. For the Plaintiffs: David Lichtenstein LAW OFFICE OF DAVID LICHTENSTEIN LL Ashley Kathryn Boothby Andrew Hess Turner THE KELMAN BUESCHER FIRM Jenifer Cari Rodriguez Matthew Robert Baca COLORADO LEGAL SERVICES For the Defendants: Leah P. Vanlschoot THE LITIGATION BOUTIQUE LLC For Amicus Curiae Colorado Civil Justice League: Christopher L Ottele Sonia Nicole Anderson HUSCH BLACKWELL LLP For Amicus Curiae El Centro Humanitario Para Los Trabajadores, Farmworker Justice, Interfaith Alliance, Plaintiff Employment Lawyers Association, Southern Poverty Law Center: Matthew P. Molinaro David Lichtenstein Kristina Marie Rosett LAW OFFICE OF DAVID LICHTENSTEIN, LLC Original Proceeding, District Court,, 2016CV1929-WJM-CBS Docketed: April 21, 2017 At Issue: November 8, 2017 Does Colo. Re Stat (1)(1) permit a terminated employee to sue for wages or compensation that went unpaid at any time during the employee s employment, even when the statute of limitations ( Colo. Re Stat ) has run on the cause of action the employee could have brought those unpaid wages under Colo. Re Stat (1)(a)?

9 Oral Argument: Wednesday, January 10, 2018 Bailiff: Cheryl Stevens, Clerk of Court 3:00 p.m. Public Hearing Rules Governing Admission to the Bar Rules 208, 209, 211 Rules of Procedure Regarding Attorney Discipline Disability Proceedings Rule Matory Continuing Legal Education Judicial Education Rules 250 (new) 260