North Shore: Judge denies motion, warns attorneys about language

LOVELAND — In what might be described in lay terms as a swat across the knuckles, Larimer County District Court Judge Carroll Brinegar denied a motion to strike certain language in a legal dispute between North Shore Manor Inc. and J. Robert Wilson’s Columbine companies.

But the judge did issue a warning to the parties about the “inflammatory language” they are using.

“Although the particular portions are not stricken, the court finds they are not legally necessary and places little weight on them. Further, the court is disturbed by the tone and unnecessary/inflammatory personal attacks within motions filed by the parties. Any future pleadings with similar tone and/or language may be stricken sua sponte (an action without a motion),” the judge wrote in her April 29 ruling.

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Twice in the dispute between North Shore Manor, a nursing home and rehabilitation facility at 1365 W. 29th St. in Loveland, and Columbine Management Services Inc., the Fort Collins company formed by J. Robert Wilson that at one time managed North Shore, attorneys for North Shore have asked judges for relief from language that they found offensive, false and defamatory. One request was in the initial case between the parties filed by North Shore; the other was in a case seeking collection of unpaid bills, a case filed by Columbine. Brinegar’s decision applies to the initial case. The other motion to strike language is in Judge Stephen Jouard’s court.

For more than a year now, the parties have fought first over control of the Loveland facility, beginning in federal bankruptcy court in a case that has now been dismissed. In district court, North Shore is seeking damages for what it has claimed was unjust enrichment by Columbine-owned vendors that North Shore has alleged overcharged for goods and services to benefit Wilson at the expense of North Shore.

In the other case, Wilson-owned entities filed a lawsuit to get payment for goods and services already supplied.

Judge Brinegar also ruled on another motion to consolidate the two cases. North Shore argued that the cases deal with the same underlying issues and could be handled in one trial. Columbine objected to the motion.

Brinegar ruled that “consolidation of these cases is not practicable. The nature of the relief and the claims are different enough that denying consolidation does not ‘virtually (assure) prejudice to a party.’ … Consolidation would make the posture of this case significantly more complex and almost certainly cause lengthy procedural delays,” she said.

The cases are:

Centre Elderly Transportation Inc., et al, versus North Shore Manor Inc., case number 2024cv30100 filed in Larimer County District Court on Feb. 5, 2024.

North Shore Manor Inc. v. J. Robert Wilson, Columbine Management Services Inc. Wapello Holdings LLC and John Does I-X, case number 2023cv30883, filed Oct. 27, 2023, in Larimer County District Court.