Here is a link to the previous filings in the case:
http://aspenelectionreview.blogspot.com/2010/03/judge-dismisses-marks-v-koch-case-aspen.html
PLAINTIFF’S MOTION FOR AMENDMENT OF JUDGMENT
PURSUANT TO C.R.C.P. 59(a)(4)
The Plaintiff, Marilyn Marks, by and through her undersigned counsel, respectfully moves the Court pursuant to C.R.C.P. 59(a)(4), to reconsider its Order on Pending Motions entered on March 10, 2010, and to amend the judgment to vacate the Court’s dismissal of the Complaint and to state instead that the Defendant’s Motion to Dismiss is denied.
As grounds for this Motion, the Plaintiff states:
1. Pursuant to C.R.C.P. 121(c) § 1-15(8), counsel for Plaintiff hereby certifies that he has in good faith conferred with counsel for the Defendant about this Motion prior to filing it, and he is authorized to notify the Court that the Defendant opposes the relief sought herein.
2. On March 10, 2010, the Court entered its Order on Pending Motions, which granted the Defendant’s Motion to Dismiss pursuant to C.R.C.P. 12(b)(5) for failure to state a claim upon which relief can be granted.
3. The Order on Pending Motions held that the Plaintiff’s Complaint was inadequate under C.R.C.P. 12(b)(5) because a Colorado Open Records Act (CORA) inspection of 2,544 digital photographs of ballots (TIFF files) would be contrary to state law and that the law therefore offers the Plaintiff no relief under the facts alleged in the Complaint. See Order ¶ 13.
