Legal & Courts  December 3, 2024

Future Legends owner files multiple court pleadings

Jeff Katofsky removes Weld case to U.S. District Court in Denver, fights bankruptcy venue change to Colorado, appeals taxes

WINDSOR — Future Legends owner Jeff Katofsky has ramped up the pressure in the many legal situations involving his sports complex, spending much of the Thanksgiving holiday filing paperwork in court to fight a change of venue to Colorado in his bankruptcy case, removing one of the lawsuits against him from Weld County to U.S. District Court in Denver and fighting his tax assessments in Weld County.

The California attorney and owner of the Future Legends Sports Complex has been mired in court paperwork for a couple of years, having been sued by several subcontractors he hired to work on the complex. The complex was billed as a Mecca of sorts for youth sports, which was supposed to attract teams from all over the country, with its extensive fields and facilities, as well as dormitories, hotels and restaurants. So far, only the collegiate arena and the indoor soccer and basketball courts called the dome are operational. Contractors stopped work more than a year ago for nonpayment.

On Monday, Katofsky removed a lawsuit in which the Future Legends entities are being sued for nonpayment of $45 million in loans from Weld County to U.S. District Court in Denver; he’s also filed for Chapter 11 bankruptcy protection in Nevada, and he is fighting a proposed change of venue to Colorado.

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Meanwhile, Katofsky has claimed in court that he has received $260 million in a new loan over 12 months that will help him pay off all his debts and get the project back on track. That purported loan is one reason why the town of Windsor has been unable to remove the temporary occupancy permits from the project. The town has renewed those permits — which allow public use of the property — seven times but was due to remove them before a bankruptcy judge prevented it prior to a major tournament in November. A different bankruptcy judge allowed Future Legends a preliminary injunction preventing the town from removing the permits through the middle of January 2025. The judge noted that the presence of a new loan swayed her decision.

Meanwhile, Katofsky’s professional soccer team, the Colorado Hailstorm, has been removed from its league, prompting Katosfky to sue the USL Pro 2 League for fraud, claiming the league withheld prize money from the team. The league, however, had given the Hailstorm more than $1 million in loans to help pay its players. The league has yet to respond to the lawsuit.

On Monday, Katofsky removed the lawsuit from Weld District Court Judge Shannon Lyons’ bench to hear it in U.S. District Court in Denver. Lyons has so far made some decisions that have gone against Katofsky, including awarding a contractor in the case triple damages of $600,000 for lack of payment for work done at the complex. Lyons also assigned a third-party receiver to take over three portions of the complex, including the money-making dome property. The Denver-based receiver, Michael Staheli of Cordes & Company, has noted several problems and unpaid bills on the dome.

On Nov. 13, Lyons granted a hearing on Future Legends’ request to dismiss U.S. Eagle Federal Credit Union’s case against Future Legends, all but warning Katofsky that he was not persuaded that Future Legends’ arguments against the appointment of a receiver had any merit. That hearing was never held.

Katofsky also on Monday appealed his personal property assessments in Weld County, in which the seven Future Legends entities that “own” the sports complex collectively owe roughly $1.2 million in property taxes. In paperwork filed in Weld District Court, Katofsky stated that the assessor “applied taxes to items which are not personal property.” The filing contained two exhibits explaining the property in question, but the documents are “protected,” and are therefore not considered public.

Just before Thanksgiving, Katofsky filed paperwork in his bankruptcy case, arguing points as to why the case shouldn’t be moved to Colorado. U.S. Eagle, based in New Mexico, and many other parties involved in the case, such as his top creditors are based throughout the country. The case was filed in Nevada bankruptcy court, given all Future Legends entities were registered in that state, though all the physical property is in Colorado.

Katofsky stated in court filings that it is much more convenient for him to attend court in person, should that be required, because he lives 500 miles away in California.

His attorneys have accused U.S. Eagle of trying to gain a “home court advantage” by seeking to move the bankruptcy case to Colorado, and have chided the lender’s attorneys, alleging they are painting Katofsky in a bad light.

“In its motion, U.S. Eagle continues the ongoing false narrative that U.S. Eagle seeks to

have this Court believe — that Mr. Katofsky is a bad man — and it argues that the Debtor should be in Colorado because that is where its property is located, even though U.S. Eagle itself is in New Mexico,” Future Legends’ motion states.

“The Debtor denies the false and intentionally harmful and destructive allegations being made against Mr. Katofsky which are simply intended to undermine the Debtor’s efforts to reorganize.”

Katofsky did not answer an email seeking comment.

Case No. 24CV94, Future Legends v. Board of Equalization 2024, Weld County Colorado, Filed Dec. 2, 2024, in Weld District Court. 

Case No. 1:24CV03338-TPO, U.S. Eagle v. Katofsky, et. al, filed Dec. 2, 2024, in U.S. District Court in Denver. 

Case No. 24STCV29641, Future Legends LLC  v. USL Pro 2 LLC, Filed Nov. 12, 2024, in the Los Angeles Superior Court of California.

Case No., 2023CV030946, Coloscapes Concrete Inc et al v. Jaco General Contractor Inc et al, filed Nov. 22, 2023 in Weld District Court. Combined with case Nos. 2024CV30033 and 2024CV30470 also filed in Weld District Court. (US Eagle Federal Credit Union files cross-claim for $45 million; judge places Future Legends Sports Complex structures in receivership). Closed.

Case No. 24-51031, Chapter 11 Bankruptcy, In re: Future Legends 5 LLC, in United States Bankruptcy Court, District of Nevada, filed Oct. 15, 2024.

Future Legends owner Jeff Katofsky has ramped up the pressure in the many legal situations involving his sports complex, spending much of the Thanksgiving holiday filing paperwork in court to fight a change of venue to Colorado in his bankruptcy case, removing one of the lawsuits against him from Weld County to U.S. District Court in Denver and fighting his tax assessments in Weld County.

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Sharon Dunn is an award-winning journalist covering business, banking, real estate, energy, local government and crime in Northern Colorado since 1994. She began her journalism career in Alaska after graduating Metropolitan State College in Denver in 1992. She found her way back to Colorado, where she worked at the Greeley Tribune for 25 years. She has a master's degree in communications management from the University of Denver. She is married and has one grown daughter — and a beloved English pointer at her side while she writes. When not writing, you may find her enjoying embroidery and crochet projects, watching football, or kayaking and birdwatching on a high-mountain lake.
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