* * * * * SUPREME COURT, STATE OF COLORADO Oral Argument: Tuesday, September 19, 2017 Bailiff: Chief Justice Rice's Chambers. 9:00 a.m.

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1 Oral Argument: Tuesday, September 19, 2017 Bailiff: Chief Justice Rice's Chambers 9:00 a.m. 2015SC801 (1 HOUR) Petitioner: Caroline Burton, Respondent: Colorado Access, a/k/a Colorado Access Long Term Disability Plan. For the Petitioner Caroline Burton: Adam Burnell Kehrli Brian A Murphy THE MURPHY LAW FIRM LLC For the Respondent Colorado Access, a/k/a Colorado Access Long Term Disability Plan: Michael Stuart Beaver HOLLAND HART LLP Certiorari to the Colorado Court of Appeals, 2014CA728 Docketed: September 18, 2015 [REFRAMED] Whether the district court erred in setting aside the default judgment as void under C.R.C.P. 60(b)(3) because the petitioner served the Complaint only on the Secretary of Labor pursuant to the terms of 29 U.S.C. 1132(d). Whether it is proper to grant affirm summary judgment to the respondent under the rationale the respondent is not a proper defendant because it is an insurance-funded ERISA plan, as opposed to a self-funded ERISA plan. [REFRAMED] Whether service upon the Secretary of the Department of Labor is sufficient under 29 U.S.C. 1132(d)(1) when an employee benefit plan designates a corporation as its administrator agent for service of process. * * * * * 2016SC163 (1 HOUR with 15SC801) Petitioner: Brenda Olivar, Respondent: Public Service Employee Credit Union Long Term Disability Plan. For the Petitioner Brenda Olivar: Adam Burnell Kehrli Brian A Murphy THE MURPHY LAW FIRM LLC For the Respondent Public Service Employee Credit Union Long Term Disability Plan: Michael Stuart Beaver HOLLAND HART LLP Certiorari to the Colorado Court of Appeals, 2014CA1734

2 Oral Argument: Tuesday, September 19, 2017 Bailiff: Docketed: March 3, :00 a.m. [REFRAMED] Whether service upon the Secretary of the Department of Labor is sufficient under 29 U.S.C. 1132(d)(1) when an employee benefit plan names a corporation as its administrator agent for service of process. [REFRAMED] Whether the district court erred in setting aside the default judgment as void under C.R.C.P. 60(b)(3) because petitioner served the complaint only on the Secretary of Labor pursuant to the terms of 29 U.S.C. 1132(d). [REFRAMED] Whether it is proper to grant affirm summary judgment to the respondent under the rationale the respondent is not a proper defendant because it is an insurance-funded ERISA plan, as opposed to a self-funded ERISA plan.

3 Oral Argument: Tuesday, September 19, 2017 Bailiff: Chief Justice Rice's Chambers 10:00 a.m. 2016SC638 (44 MINUTES) Petitioner: C. K., Respondent: The People of the State of Colorado, In the Interest of Minor Child: For the Petitioner C. K.: Antony Mark Noble THE NOBLE LAW FIRM LLC For the Respondent The People of the State of Colorado: Rebecca Lynn Tyree County Attorney MOFFAT COUNTY ATTORNEYS OFFICE For the Minor Child L. K.: Heather E. Cannon LAW OFFICE OF HEATHER CANNON L. K.. Certiorari to the Colorado Court of Appeals, 2015CA1953 Docketed: August 11, 2016 Whether sovereign immunity bars an award of attorney fees against a public entity under C.R.C.P. 37.

4 Oral Argument: Tuesday, September 19, 2017 Bailiff: Chief Justice Rice's Chambers 10:45 a.m. 2016SC303 (1 HOUR) Petitioner/Cross-Respondent: Department of Revenue Division of Motor Vehicles, Respondent/Cross-Petitioner: Brian Rowl. For the Petitioner/Cross-Respondent Department of Revenue Division of Motor Vehicles: Grant Thomas Sullivan Laurie Kristen Rottersman Rall J Cherry Glenn E. Roper Frederick Richard Yarger OFFICE OF THE COLORADO ATTORNEY GENERAL For the Respondent/Cross-Petitioner Brian Rowl: Franz P. Frechette FRECHETTE LAW OFFICE Jay Marcus Tiftickjian TIFTICKJIAN LAW FIRM P.C. For Amicus Curiae Colorado District Attorneys' Council Thomas R Raynes Jennifer R Knudsen COLORADO DISTRICT ATTORNEYS COUNCIL Han N Ng HAN NG LLC Certiorari to the Colorado Court of Appeals, 2015CA109 Docketed: April 15, 2016 Whether section (8)(c), C.R.S. (2016), requires all written statements from non-law enforcement sources to be presented in affidavit form sworn to under penalty of perjury before they can be considered as evidence in driver's license revocation hearings. [REFRAMED] Whether BAC test results may be admitted at a driver's license revocation hearing through a law enforcement officer's testimony, even if the laboratory report on which the officer's testimony is based is inadmissible.

5 Oral Argument: Tuesday, September 19, 2017 Bailiff: Chief Justice Rice's Chambers 1:30 p.m. 2016SC384 (44 MINUTES) Petitioner: Sunstate Equipment Co., LLC, Respondent: For the Petitioner Sunstate Equipment Co., LLC: Mark A Nadeau DLA PIPER US LLP Richard John Gleason Thomas J Overton THOMAS J. OVERTON LLC Colorado Insurance Guaranty Association. For the Respondent Colorado Insurance Guaranty Association: Karl Andrew Chambers Heather Aimee Salg PATTERSON SALG P.C. For Amicus Curiae National Conference of Insurance Guaranty Funds Kristin A Caruso RITSEMA LYON PC Certiorari to the Colorado Court of Appeals, 2015CA288 Docketed: May 17, 2016 Whether the court of appeals erred in holding the Act's Immunity Provision, section , C.R.S., (2016), bars Sunstate from raising affirmative defenses to CIGA's recoupment claim.

6 Bailiff: Justice Coats' Chambers 9:00 a.m. 2016SA256 (1 HOUR) Concerning the Application for Water Rights of Well Augmentation Subdistrict of the Central Colorado Water Conservancy District South Platte Well Users Association Opposer-Appellant: Centennial Water Sanitation District, Applicants-Appellees: Well Augmentation Subdistrict of the Central Water Conservancy District South Platte Well Users Association, For the Opposer-Appellant Centennial Water Sanitation District: Paul F Holleman Veronica A Sperling BUCHANAN SPERLING HOLLEMAN PC For the Applicant-Appellee Well Augmentation Subdistrict of the Central Water Conservancy District South Platte Well Users: Bradley Charles Grasmick David Phillip Jones Wesley Sage Knoll P Andrew Jones Kim Robert Lawrence LAWRENCE JONES CUSTER GRASMICK LLP Opposers-Appellees: Bijou Irrigation Company; Bijou Irrigation District; Cache La Poudre Water Users Association; City of Aurora; City of Black Hawk; City of Boulder; City County of Denver acting by through its Board of Water Commissioners; City of Englewood; City of Greeley acting by through its Water Sewer Board; City of Sterling; City of Thornton; City of Westminster; Ducommun Business Trust; East Cherry Creek Valley Water Sanitation District; Farmers Reservoir Irrigation Company; Fort Morgan Reservoir Irrigation Company; Harmony Ditch Company; Henrylyn Irrigation District; Irrigationists' Association, Water District 1; Jackson Lake Reservoir Irrigation Company; Lower Latham Reservoir Company; Lupton Bottom Ditch Company; Lupton Meadows Ditch Company; New Cache La Poudre Irrigating Company; Cache La Poudre Reservoir Company; North Poudre Irrigation Company; Pawnee Well Users, Inc; Public Service Company of Colorado; Riverside Irrigation District; Riverside Reservoir L Company; South Adams County Water Sanitation District; State Engineer Division Engineer; United Water Sanitation District; Westfarm, LLC; Appellee Pursuant to C.A.R. 1(e): David Nettles, Division Engineer, Water Division No. 1. For the Opposer-Appellee Bijou Irrigation Company Bijou Irrigation District: Stuart B Corbridge VRANESH AND RAISCH LLP For the Opposer-Appellee Cache La Poudre Water Users Association: Daniel Kenneth Brown FISCHER BROWN BARTLETT GUNN P.C. For the Opposer-Appellee City of Aurora: Steven Owen Sims John A Helfrich BROWNSTEIN HYATT FARBER SCHRECK LLP John Marshall Dingess HAMRE RODRIGUEZ OSTRANDER DINGESS For the Opposer-Appellee City of Black Hawk: David L Kueter HARVEY W. CURTIS AND ASSOCIATES For the Opposer-Appellee City of Boulder: Jessica Lynn Pault-Atiase

7 Bailiff: Justice Coats Chambers 9:00 a.m. BOULDER CITY ATTORNEYS OFFICE Carolyn F Burr James Merle Noble WELBORN SULLIVAN MECK TOOLEY PC For the Opposer-Appellee City County of Denver acting by through its Board of Water Commissioners: Daniel John Arnold Casey S Funk DENVER WATER BOARD For the Opposer-Appellee City of Englewood: Katherine Abbott Daniels Ryan Peter D Nichols BERG HILL GREENLEAF RUSCITTI LLP For the Opposer-Appellee City of Greeley acting by through its Water Sewer Board: James Stow Witwer TEMKIN & HARDT LLP For the Opposer-Appellee City of Sterling: Matthew Lake Merrill Alan E Curtis WHITE JANKOWSKI LLP David Francis Jankowski WHITE AND JANKOWSKI LLP For the Opposer-Appellee City of Thornton: Joanne Herlihy CITY OF THORNTON For the Opposer-Appellee City of Westminster: Lee H Johnson CARLSON HAMMOND PADDOCK LLC For the Opposer-Appellee East Cherry Creek Valley Water Sanitation District: Susan Michelle Ryan GARFIELD COUNTY COMBINED COURTS Brian M Nazarenus Sheela S Stack RYLEY CARLOCK APPLEWHITE

8 Bailiff: Justice Coats Chambers 9:00 a.m. For the Opposer-Appellee Farmers Reservoir Irrigation Company: Joseph B Dischinger FAIRFIELD WOODS P.C. For the Opposer-Appellee Fort Morgan Reservoir Irrigation Company Jackson Lake Reservoir: Andrea Luise Benson Cynthia Frazer Covell ALPERSTEIN COVELL PC For the Opposer-Appellee Harmony Ditch Company Pawnee Well Users Inc.: Timothy Ray Buchanan BUCHANAN SPERLING HOLLEMAN PC For the Opposer-Appellee Henrylyn Irrigation District: Alyson Meyer Gould Kent Hugh Holsinger HOLSINGER LAW LLC For the Opposer-Appellee Irrigationists' Association, Water District 1: Karl David Ohlsen Mason Hamill Brown CARLSON HAMMOND PADDOCK LLC For the Opposer-Appellee Lower Latham Reservoir Company New Cache La Poudre: Daniel Kenneth Brown FISCHER BROWN BARTLETT GUNN P.C. For the Opposer-Appellee Lupton Bottom Ditch Company Lupton Meadows Ditch: Brice Steele LAW OFFICES OF BRICE STEELE PC

9 Bailiff: Justice Coats' Chambers 9:00 a.m. For the Opposer-Appellee Cache La Poudre Reservoir Company: Daniel Kenneth Brown FISCHER BROWN BARTLETT GUNN P.C. For the Opposer-Appellee North Poudre Irrigation Company: Alden V Hill HILL HILL LLC For the Opposer-Appellee Public Service Company of Colorado: Carolyn F Burr James Merle Noble WELBORN SULLIVAN MECK TOOLEY PC For the Opposer-Appellee Riverside Irrigation District: Peter J Ampe HILL AND ROBBINS PC For the Opposer-Appellee Riverside Reservoir L Company: Peter J Ampe HILL AND ROBBINS PC For the Opposer-Appellee South Adams County Water Sanitation District: Richard John Mehren MOSES WITTEMYER HARRISON AND WOODRU For the Opposer-Appellee State Engineer Division Engineer: Colorado Division Of Water Resources Paul Louis Benington OFFICE OF THE ATTORNEY GENERAL For the Opposer-Appellee United Water Sanitation District: John P Akolt LAW OFFICE JOHN P. AKOLT, III Tod Jay Smith LAW OFFICE OF TOD J. SMITH For the Opposer-Appellee Westfarm, LLC: Gilbert Y March GILBERT Y. MARCHAND JR. P.C. For the Appellee Pursuant to C.A.R. 1(e) David Nettles, Division Engineer, Water Division No. 1: Paul Louis Benington

10 Bailiff: Justice Coats' Chambers 9:00 a.m. OFFICE OF THE ATTORNEY GENERAL For Amicus Curiae City of Colorado Springs Michael John Gustafson COLORADO SPRINGS CITY ATTORNEYS OFF David W Robbins Matthew A. Montgomery HILL ROBBINS PC Appeal from the District Court,, 2003CW99 Docketed: September 21, 2016 At Issue: June 7, 2017 Whether the Water Court erred in allowing the addition of replacement supplies to the plan for augmentation in the Decree when it was undisputed that the information required by the Decree for the addition of replacement supplies was not provided. Whether the Water Court erred in not requiring Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS) to comply with the terms of the Decree for the addition of replacement supplies to the plan for augmentation because the Court concluded compliance was too burdensome. Whether the Water Court erred in not requiring WAS to comply with the terms of the Decree for the addition of replacement supplies to the plan for augmentation because the Court concluded other terms of the Decree could prevent injury. Whether the Water Court erred in dismissing Centennial s retained jurisdiction action on Defendants Rule 41 motion.

11 Bailiff: Justice Coats' Chambers 10:00 a.m. 2015SC934 (44 MINUTES) Petitioner: American Family Mutual Insurance Company, Respondents: Evelia Barriga Guillermo Barriga. For the Petitioner American Family Mutual Insurance Company: Colin C Campbell CAMPBELL LATIOLAIS AVERBACH LLC For the Respondent Evelia Barriga: Samuel G Livingston LAW OFFICE OF SAMUEL G LIVINGSTON P Roy W Penny ROY W PENNY JR PC For the Respondent Guillermo Barriga: Roy W Penny ROY W PENNY JR PC For Amicus Curiae Colorado Defense Lawyers Association John Rol Chase MONTGOMERY AMATUZIO DUSBABEK CHASE Certiorari to the Colorado Court of Appeals, 2013CA1944 Docketed: November 5, 2015 For Amicus Curiae The Colorado Trial Lawyers Association Michael Justin Rosenberg THE GOLD LAW FIRM LLC Whether the court of appeals erred in interpreting the statutory penalty provision in sections , C.R.S. (2015), which references 'two times the covered benefit,' in a manner so as to preclude setoff for an insurer's prior payment of the covered benefit itself in calculating the penalty owed.

12 Bailiff: Justice Coats' Chambers 10:45 a.m. 2016SC455 (1 HOUR) Petitioners: UMB Bank, N.A.; Colorado Bondshares - A tax exempt fund; Marin Metropolitan District, a Colorado Special District; Respondent: Lmark Towers Association Inc., a Colorado nonprofit corporation, by EWP-GV, LLC, as receiver for 7677 East Berry Avenue Associates, LP, its Declarant. For the Petitioners: Mia Katrine Della Cava Thomas William Snyder Neil L Arney KUTAK ROCK LLP John N McNamara MCNAMARA LAW FIRM PC For the Respondent: Diane Vaksdal Smith David Kendell Teselle Brian Keith Matise Nelson Patrick Boyle BURG SIMPSON ELDREDGE HERSH JARDINE Michael Lee Bender Laura Cramer-Babycz PERKINS COIE LLP For Amicus Curiae Colorado Association of Home Builders: Jennifer Lee Ivey ICENOGLE SEAVER POGUE PC For Amicus Curiae Colorado Municipal Bond Dealers Association, Inc.: Joseph John Bronesky Peter James Whitmore SHERMAN HOWARD LLC For Amicus Curiae Colorado Municipal League: Tami Yellico COLORADO MUNICIPAL LEAGUE Geoffrey Tyler Wilson MURRAY DAHL KUECHENMEISTER RENAUD For Amicus Curiae Special District Association of Colorado: Martina Hinojosa Monica A Rosenbluth BUTLER SNOW LLP

13 Bailiff: Justice Coats' Chambers 10:45 a.m. Certiorari to the Colorado Court of Appeals, 2014CA2463 Docketed: June 9, 2016 [REFRAMED] Whether the court of appeals erred in holding that the special district's TABOR election in this case was invalid because the special district's organizers' contracts did not make them eligible electors under section (5) (b), C.R.S. (2016), of the Special District Act. [REFRAMED] Whether the court of appeals erred in holding that the thirty-day limitations period in section , C. R.S. (2016), of the Supplemental Public Securities Act does not bar the respondents' challenge to the special district's TABOR election in this case. [REFRAMED] Whether the court of appeals erred in holding that the special district's TABOR election in this case was conducted illegally because the respondents were eligible electors under section (5)(b), C.R.S. (2016), of the Special District Act who did not receive notice of the election as required under TABOR. [REFRAMED] Whether the court of appeals erred in holding that the ten-day period in which to contest an election under section (4), C.R.S. (2016), of the Election Code does not bar the respondents' challenge to the special district's TABOR election in this case.

14 Bailiff: 1:30 p.m. 2016SC731 (1 HOUR) Petitioner: The People of the State of Colorado, In the Interest of Minor Children: N. L. W. J. R. W., For the Petitioner The People of the State of Colorado: Sue S Thibault COUNTY ATTORNEYS OFFICE For the Respondent C. O.: Antony Mark Noble THE NOBLE LAW FIRM LLC Respondent: C. O.. Certiorari to the Colorado Court of Appeals, 2015CA1698 Docketed: September 16, 2016 Whether failure to enter a written order adjudicating a child dependent or neglected under section (7)(a), C.R.S. (2016), after accepting a parent's admission to the allegations, divests the juvenile court of its subject matter jurisdiction to order a termination of the parent-child relationship.