Laserfiche WebLink
>. <br />,.r -_ <br />DISTRICT COURT, COUNTY OF BOULDER, COLORADO <br />Civil Action No. 94CV1470-3 <br />a~~~,~~~n ° t' <br />~~~199g <br />Division o1 <br />CERTIFICATE ~F DEFENDANT CHARLES R. RUGG <br />DURANGO METALS, INC., a Nevada corporation, and <br />THAMES E. HARTLEY, ~ 3 !'""""~' ~~ <br />Plaintiffs, 4x N`9 r-~~"`• <br />vs. r,l4r~'~ ~ F <br />f <br />CHARLES R. RUGG, <br />Defendant. <br />~~ <br />The Defendant, Charles R. Rugg, hereby submits his <br />Disclosure Certificate in accordance with Colo.R.Civ.P. 16. <br />I. STATEMENT OF CLAIMS AND DEFENSES <br />A. Claims. Rugg has stated six claims for relief: for an <br />accounting of royalties due under the parties' mining lease; for <br />royalties due under the parties' mining lease; for replevin <br />relating to Rugg's personal property which was either taken by <br />the Defendants without permission or has been withheld by them <br />after request by Rugg for the property's return; for trespass by <br />the Defendants onto Rugg's real property; for litigation lacking <br />substantial justification; and for damages. Based on Rugg's <br />current knowledge, none of these claims should be dismissed at <br />this time. <br />B. Defenses. Durango Metals, Inc. and Thames E. Hartley <br />(hereinafter "Plaintiffs") claim that Rugg: breached the November <br />9, 1992 mining lease between Rugg and Durango; trespassed on-the <br />Plaintiffs' leasehold; intentionally interfered with Durango's <br />prospective business relationship with COM, Inc.; and defamed the <br />Plaintiffs. Plaintiffs also claim that they are entitled to <br />damages based on Rugg's outrageous conduct and to exemplary <br />damages. <br />Rugg denies the Plaintiffs' claims. Rugg did not trespass <br />on the Plaintiffs' leasehold interest because his entries onto <br />the leased premises were reasonable under the parties' mining <br />lease and were pursuant to permission, actual or implied. The <br />Plaintiffs' trespass claim is also barred by estoppel, waiver, <br />and/or laches. Similarly, Rugg's entries onto the leased <br />premises did not breach the mining lease. <br />6VUG9\CISCI05C lrt <br />OctoCer 10. 1995 <br />Distlosur<Certi~cate of DefenEant Ctarles D. flugg <br />GNI Action No. 9aCV1a70-7 <br /> <br />\~ ~ .. <br />