Lawsuit over last year’s Aleph Objects layoffs delayed due to COVID

LOVELAND — A federal court has extended the pre-trial period of a lawsuit filed against the successor to the Loveland-based Aleph Objects because the ongoing COVID-19 crisis is slowing the rate of evidence gathering.

Larimer Skyview Inc., the successor to Aleph, was granted an additional four weeks to respond to discovery requests made by former employee Zachary Hergenreder, according to a filing Monday in the U.S. District Court of Colorado. Hergenreder’s attorneys did not oppose the motion.

In its filing, Larimer Skyview said the plaintiff has asked it to answer 75 specific questions either listed in the complaint or as follow-ups and produce 39 pieces of documented evidence. Christopher Leh, the lead attorney for Larimer Skyview, said he closed down his Broomfield office on March 17 and his staff has been working remotely.

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“This has been a time-consuming and, especially during the course of Gov. Polis’s stay-at-home order, a cumbersome process,” he wrote.

Leh also said because Larimer had sold most of its assets last year to Fargo, North Dakota-based FAME 3D, it has had to make extra efforts to contact former company leaders and employees to track down documents. He expects to be able to deliver the requested documents and responses within the next four weeks.

Aleph had employed 113 people in its Loveland plant up until last October, when it rapidly shed 91 employees and sold itself to FAME 3D a month later. 

Hergenreder claims Aleph’s managers violated federal laws requiring advance notice of mass layoffs and is trying to form a class-action suit.

However, Aleph founder and Larimer Skyview board chairman Jeff Moe argued in filings that the company was fundraising at the time of the layoffs and filing a public layoff notice would sink its chances of landing new clients. That counts as an exemption to federal layoff notice laws in some circumstances.