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Gary Antonoff, real estate mogul central to development of Denver professional sports, Denver International Airport, dies at 81

Gary Antonoff owned properties across Denver, helped bring the Nuggets under local ownership and led the fundraising effort for Coors Field. He also knew the names of many of the people who slept on the streets of his beloved city.
Provided by Antonoff familyGary Antonoff
Antonoff died Wednesday after a summer of failing health. He was 81.
Antonoff was born Sept. 29, 1936, in Waukon, Iowa, where his family members were the only Jewish people in the small town, said his younger brother, Steven. The entire family moved to Denver in 1949 for his father’s work in real estate.
Antonoff graduated from East High School and then attended University of Colorado at Boulder, where he graduated in 1958.
He briefly left Colorado to manage a large retail store in St. Louis, but returned in 1962 to work for his father’s real estate company. Antonoff always maintained a sharp interest in real estate, his brother said.
In 1967, he struck out on his own and founded Antonoff and Company. The business owned and managed properties near the Cherry Creek shopping center, downtown Denver and across the country. He developed the Lochwood Farms subdivision in tiny Lochbuie and created a manufactured home development there as well.
Steven Antonoff, who is nine years younger, never had an interest in real estate, but once bought a condo building. Steven though he had negotiated the best deal with the seller. Until his brother stepped in. With just a short conversation, Gary Antonoff saved his little brother thousands of dollars.
“I’m sure I never paid him back,” Steven said.
Outside of his business, Antonoff played a role in multiple large developments for the city. He chaired the committee that raised money to help Denver campaign for the annexation of land for Denver International Airport. He co-chaired the committee that helped raise funds for the construction of Coors Field and served on the Colorado Baseball Commission. In the 1970s, he helped purchase the Denver Nuggets and establish local ownership. He served as the chair of the Denver Nuggets’ board.
Antonoff followed sports, but wasn’t a fanatic, his brother said. His involvement in the city’s professional sports scene was based in a desire to see Denver grow and become a major city.
“I think he really felt that there were certain things that were hallmarks of a growing city,” Steven Antonoff said. “He felt very strongly about baseball being downtown and that local ownership was important.”
Antonoff also donated and served on the boards of a number of hospitals and nonprofits, including Denver Chamber of Commerce, Colorado Sports Commission, Jewish Colorado, Rose Medical Center, National Jewish Hospital, Jewish Community Center and Anti-Defamation League. He also served in multiple roles at the University of Colorado and he and his wife established a scholarship fund at the school.
While he wasn’t particularly religious, Antonoff relished participating in the Jewish community, especially after spending his childhood as one of the only Jews in a mostly Christian town, his brother said.
“He felt that identity strongly when he got here,” Steven Antonoff said. “It sort of gave him a home and a community that he could be a part of.”
Despite his success, Antonoff never lost the ability to connect to a wide variety of people, his brother said. For many years, Antonoff and his wife, Donna, lived in LoDo, where Antonoff knew the names and stories of many of the people sleeping on the street. He sometimes gave out small personal loans to people who needed a break.
“He would sit down on the blanket and ask them about their lives,” Steven Antonoff said. “That’s the kind of spirit he possessed.”
Since he announced his retirement 10 years ago, Antonoff spent more and more time at his villa in Mexico, though he stayed involved in his company now led by his son.
A golf fanatic and workout nut, Antonoff remained fit through the end of his life. He played 18 holes of golf two days before he died.
Antonoff leaves behind his wife, Donna; a son, Doug; a daughter, Wendy; and three grandchildren.
Funeral services are scheduled for 1 p.m. Sunday at Temple Emanuel, 51 Grape St., Denver.


Denver Sports Omelette: Nuggets land five in top 100 NBA players rankings

If preseason NBA player rankings are an indication of team success for the upcoming season, then the Nuggets are sitting in a good spot.
According to ESPN’s NBArank, Denver has five players listed among the league’s top 100 players. Will Barton (No. 68), Paul Millsap (No. 59), Jamal Murray (No. 45), Gary Harris (No. 43) and Nikola Jokic (No. 12).
Denver had three players on the list last year: Harris (No. 90), Millsap (No. 27) and Jokic (No. 16).
Perhaps one of these five will earn an all-star spot, an honor no Denver player has had since Carmelo Anthony in 2011.
But does individual success translate into a strong team record? Denver missed the playoffs each of the last two years by just one game. This year, ESPN projects the Nuggets to be the No. 5 seed in the West with a 47-35 record (a one-game improvement over their 2017-18 campaign). And Bleacher Report also has them at the No. 5 spot going 50-32.
— Joe Nguyen, The Denver Post

NEW  If you enjoy The Denver Post’s sports coverage, we have a new subscription offer for you! Try the first month for just 99¢

What’s on Tap?

Rockies: At Arizona Diamondbacks, 7:40 p.m. Friday, ATTRM | Pitching matchup | Buy tickets
Rockies: At Arizona Diamondbacks, 6:10 p.m. Saturday
Rockies: At Arizona Diamondbacks, 2:10 p.m. Sunday
Broncos: At Baltimore Ravens, 11 a.m. Sunday
Rapids: At Columbus Crew, 5:30 p.m. Saturday
Avs preseason: At Minnesota Wild, 4 p.m. Saturday
College Football: Illinois State at CSU, 1 p.m. Saturday
College Football: UNC at Weber State, 6 p.m. Saturday
College Football: Air Force at Utah State, 8:15 p.m. Saturday

TV/RADIO: Here’s what sports are airing today
Check out our new and improved stats page.
Andy Cross, The Denver PostColorado Rockies third baseman Nolan Arenado #28 swings hard and loses his batting helmet against the San Diego Padres in the first inning at Coors Field Aug. 22, 2018.
Kiszla: As Rockies stumble in playoff race, what’s wrong with Nolan Arenado? Is he hurt? Or choking?
With each ugly thump of a slider being buried in the catcher’s mitt, the dream of October baseball in Colorado is dying. In his biggest week wearing a Rockies uniform, Nolan Arenado is striking out. Again and again and again. Read more…
Alex Gallardo, The Associated PressColorado Rockies starting pitcher Jon Gray, left, walks off the mound after being pulled by manager Bud Black, second from left, with catcher Drew Butera and first baseman Ian Desmond, right, loking on during the third inning of a baseball game against the Los Angeles Dodgers in Los Angeles, Monday, Sept. 17, 2018.
Slumping Rockies need a turnaround, fast, or playoff hopes will be gone
The not-ready-for-prime-time Rockies no longer control their own fate. Read more… 
Eric Lutzens, The Denver Postwide receiver Demaryius Thomas (88) of the Denver Broncos gets taken down by linebacker Tahir Whitehead (59) of the Oakland Raiders and defensive back Marcus Gilchrist (31) of the Oakland Raiders during the third quarter on Sunday, Sept. 16 at Broncos Stadium at Mile High.
Broncos wide receiver Demaryius Thomas searching for consistency
The cruel truth behind the Broncos’ stunning last-minute victory against the Raiders on Sunday is the heroics of one player bailed out the mistakes of another in the game’s most critical juncture. Read more…
Quick Hits
+ Rockies Insider: For all the declarations of Colorado’s season being “over”, Rocktober’s still within reach
+ Avalanche coach Jared Bednar is looking for difference makers
+ Broncos podcast: Emmanuel Sanders thriving. Demaryius Thomas struggling. An examination of veteran wide receivers.
+ Broncos Briefs: Case Keenum returns to full practice work
+ An overtime classic in Lakewood came down to the 1-yard line, with Greeley West just topping Chatfield.
+ In bullpen hindsight, could Rockies have avoided sweep by Dodgers with intentional walk to Yasiel Puig?
+ Broncos Insider: Denver must reverse road-game woes for any hope to reach playoffs
+ Rockies Podcast: Tony Diaz talks Rockies’ base running, Bud Black’s managing style and more “On The Rox”
+ Veteran football coach Tom Thenell working wonders at Smoky Hill
+ Behold, the Butcher, the Baker, the Cleveland Browns win maker.
+ Broncos Mailbag: Have a question about the team? Ask Ryan O’Halloran here.
+ Rockies Mailbag: Have a question about the team? Ask Patrick Saunders here.
By The Numbers
FanDuel to pay out disputed $82K bet on Broncos win over Raiders
Upon further review, a New Jersey man will get his full $82,000 payout on a disputed $110 sports bet. Read more…
Parting Shot
You can now buy tickets for Winter Park Express’ 2019 seasonGet in Touch
Winter Park Express tickets are now available for 32 round-trips between Denver and the mountains. Read more…
If you see something that’s cause for question or have a comment, thought or suggestion, email me at or tweet me @danielboniface.


Colorado faces a glacier-less future as warmer temps climb to higher altitudes

The final chapter of Colorado’s glacial history is being written in the drips of their last scraps of ice melting away.
As warmer temperatures creep up higher in altitude, Colorado’s 14 glaciers are melting faster and faster. Glaciers that once stored key water reserves for cities and high-mountain ecology will likely be gone within the next few decades, according to researchers from the Institute of Arctic and Alpine Research (INSTAAR).
Shrinking glaciers are not just a Colorado problem. In the Andes and Himalaya, similar phenomena threaten the livelihoods and water supply for the people of the heavily-populated regions.
“Glaciers are certainly still the canaries in the coal mine for climate change,” said Robert Anderson, a fellow at INSTAAR and professor of geological sciences at the University of Colorado Boulder.
Millennia ago, glaciers carved out wide valleys that are now inhabited by Colorado mountain towns and forests. Today, glacier clusters are still nestled in Indian Peaks and Rocky Mountain National Park and scattered about the state’s mountains.
In the early 1900s, glacier melt fed the growth of Colorado cities. Boulder bought the Arapaho Glacier from the federal government in 1927 to secure the city’s water supply. Trekkers once ventured up to the grey chunk of ice for afternoon visits before entry was outlawed – when too much typhoid fever was making it downstream.
The Arapaho Glacier in the Indian Peaks wilderness lost over half its mass in the 20th century and may have less than 60 years left, according to the latest projections published in 2010. The Arapaho dramatically lost area in the 1900s before the thinning slowed in the early 2000’s, indicating the glacier is “retreating into a corner” that is protecting the ice from the sun, according to the 2010 research.
The Arikaree Glacier will likely putter out in less than 20 years. The glacier has been thinning by about one meter per year for the last 15 years, according to INSTAAR research published in 2016. In human years, that might be enough time to grow a mullet and subsequently age out of hair altogether. But the thinning of the glaciers over the coming decades is a mere blink in their timeline.
Jackson Barnett, Denver PostThe Arapaho glacier (far left) and Arikaree glacier (left) in the morning of Saturday, Sept. 8, 2018. Many of Colorado’s valleys were carved by glaciers in the Ice Age; now the state has only 14 small alpine glaciers.
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“Colorado’s mountains have been ornamented and sculpted by the comings and goings of glaciers in our mountains for a couple million years,” said Anderson, who co-authored the 2010 paper on the Arapaho Glacier and has done research on other alpine glaciers.
Within the next few decades, most glaciers are expected to meet their watery demise. But the impact on Coloradans living below the glaciers will be negligible. Cities like Boulder no longer rely on end-of-summer glacial melt for water. Many of the glaciers are short enough to be measured in feet, unlike the miles-long ice rivers that spread throughout Colorado in the ice age. In late summer, meadows will need to draw on more groundwater without the glacial backup. The plants and animals that rely on the streams will also need to adapt, Anderson said.
In South America, the same glacial razor blade slicing away at the ice threatens the water supply for countries across the continent, according to research published in the Cryosphere journal. Countries around the Andes all rely in part on glacier melt to sustain life for people living in arid regions. In the Himalaya, unstable ground left by receding glaciers could spell “chaos” for people in South Asia, said Tad Pfeffer, a fellow at INSTAAR and a University of Colorado professor who also contributed to the 2010 research on the Arapaho.
The rivers of ice that reach down from the Himalayan peaks work differently than those in Colorado. In fact, Colorado’s glaciers are not really rivers of ice at all.
In his office lined with glaciology journals and photos of snowy peaks, Pfeffer scribbled out a drawing of how alpine glaciers act like conveyor belts for extra snow on mountaintops. As unmelted snowpack accumulates and compresses into ice, the surplus slides down to lower elevations and is released as water below. In India, this process turns Himalayan ice into rivers like the Ganges and Brahmaputra. The process is a little different in Colorado.
Colorado’s glaciers do not have much ice to slide with, Pfeffer said. The main ingredients in their survival have been wind, shade and location. Many are westward facing, allowing the glaciers to find little nooks to shield themselves from the sun and feed off icy winds that wrap around the mountaintop from the east. Snow and wind from the east blow over the rocky peaks that give shelter to the glaciers on the other side. The process is similar to snow drifts that build up next to a fence. The irony: Many of those craggy faces where the ice hides are by-products of glacial ancestors.
Colorado will always have snow and ice on its peaks in the winter. But, “the day may very well come when we will be able to melt all the ice in the summer,” Pfeffer said.
With the wind and snow focusing on specific spots, the glaciers will likely curl up into the shadows as they morph from true glaciers into seasonal snow patches.
This is not the first time Colorado has faced a glacier-less topography. In the Medieval warm period, roughly between 900 and 1300, scientist believe the glacial ice in Colorado disappeared, according to Pfeffer. The little ice age that lasted up until around the Civil War brought many glaciers back.
Colorado’s glaciers have one final trick up their sleeve: Rocks. Patches of ice and snow covered with an “umbrella” of rock shield winter precipitation during summer heat, Anderson said. Sections of cliff that crumble into rivers of rubble protect the ice and snow underneath.
“Often your trail takes you right over them,” Anderson said.


Shrouded Justice: Suppressed malpractice claims in Colorado keep misconduct allegations hidden from public

Dozens of lawsuits filed against lawyers across Colorado — including malpractice cases whose plaintiffs are themselves lawyers — have been hidden from the public for years, keeping secret the details of any alleged misconduct and misdeeds.
The lawsuits have been suppressed, at least one of them forever, by the judges who presided over them and typically at the request of the lawyers being sued, The Denver Post found. The bulk were sealed at the time a settlement was reached, records show.
In several cases, The Post learned, the defendant lawyers were concerned that potentially negative information about them could be made public — one worried that future clients would avoid her because of the allegations in the lawsuit — according to interviews and copies of documents from several suppressed cases shared with the newspaper.
The array of alleged misconduct in the suppressed cases The Post reviewed is broad: misappropriating client cash; lying to the court; overcharging and over-billing clients; hiding assets; careless advice that impacted a lawsuit’s outcome.
In all, The Post found at least 38 suppressed lawsuits that were filed against attorneys in the past five years that, according to interviews and court records, alleged some type of misconduct and were ultimately settled. It’s unclear how many more exist because the state’s court system doesn’t uniformly categorize malpractice cases.
Click to enlarge.
It’s difficult to assess the reasons the cases were suppressed, or if the reasons were even legitimate, because the judges’ orders to close them, as well as the lawyers’ requests to have them restricted from the public, are also suppressed and not open to inspection.
But the few cases from which The Post was able to obtain information indicate a process that doesn’t always adhere to the rules and one where attorneys and judges appear to protect each other.
In one instance, a district judge suppressed a case after the lawyers said the public couldn’t be trusted to read beyond the lawsuit’s initial complaint, which allegedly contained errors that were corrected in a subsequent filing. The lawyers also argued said the allegations in the case might cause the public to inquire further about their private business.
The Post also learned that judges often won’t question a request to suppress a lawsuit because lawyers on both sides of the case had already agreed to have it closed, contrary to rules that dissuade the practice, according to several attorneys who specialize in legal malpractice cases. The reason, they say, is to help speed cases through a clogged court system.
“If it wasn’t suppressed,” attorney Richard Rufner told The Post, “you couldn’t get it settled.”
And it apparently happens with some frequency.
“The courts will rubber stamp and suppress a case, usually every time it’s requested,” said Rufner, refusing to speak specifically about cases he’s handled because it would violate a judge’s suppression order. “And they pretty much do it when reputations can be tarnished if the allegations (against the defendant attorney) get out.”

The practice of suppressing legal malpractice cases in Colorado is in stark contrast to those alleging medical malpractice, which attorneys say are rarely closed to the public and, by law, must be reported to state regulators if there is a settlement or verdict of any kind.
That’s also true of lawsuit settlements and verdicts against podiatrists, pharmacists, optometrists, physical therapists, architects and even plumbers licensed in Colorado.
But not lawyers.
Hyoung Chang, The Denver PostLawyer Michael Mihm of Ogborn Mihm LLP at his office in downtown Denver Sept. 14, 2018.
“Most lawyers want this sort of thing buried; they don’t want legal malpractice claims made public, and there’s a laundry list of concerns, but it’s the public-relations aspect of it most,” attorney Michael Mihm said. “We don’t have this problem suing doctors, but the legal profession is very protective of its own, and it’s not socially acceptable to sue brother and sister lawyers.”
That means no one — not a potential client researching an attorney they’d like to hire or a prospective employer looking to bring the lawyer on board — can learn of the allegations against them or how the suppressed lawsuit was ultimately handled.
And until a few weeks ago, the suppressed lawsuits didn’t appear on any Colorado courthouse computer provided for public use. It was as if they didn’t exist at all.
The Post reported in July that thousands of criminal and civil cases were suppressed and have remained hidden from public view in just the last five years, dozens of them felonies for which defendants were convicted and sent to prison.
The state’s Judicial Department computer system couldn’t tell the difference between a suppressed case and one that was sealed under specific rules. The system has treated them the same for the past 18 years, The Post has since learned, and kept all the cases hidden.
Click to enlarge
Although the computer problem has been rectified and the names of criminal defendants and parties to a lawsuit are available publicly, the cases themselves and the details within them still cannot be inspected.
The Post was able to learn of the details surrounding a few suppressed legal malpractice cases because portions of them were brought before the Colorado Court of Appeals, where cases are not suppressed except for specific instances involving abortions for juveniles.
“Cases are not suppressed because the court is dealing with the law and not the facts,” said Christopher Ryan, Colorado’s state court administrator. “In my 10 years here, I cannot recall a time when an attorney has requested an appeal be suppressed.”
Similarly, Supreme Court cases are not suppressed even if the underlying case is, Ryan said.

Nearly every suppressed legal malpractice case reviewed by The Post was settled by the parties, most of them clients suing their lawyer. Experts in the field say a settlement cannot require that a case be suppressed from the public, although the terms of a settlement can be kept confidential. To side-step the restriction, plaintiffs will not object if a defendant files a separate request to keep the case closed to the public.
“It may be a trade-off that a plaintiff makes in the interest to get a case settled,” Mihm said. “If they want it suppressed, it’s no sweat off my back. Personally, I’d like to see far fewer confidentiality provisions in settlement agreements, and see the judges rigorously apply the rules for suppressing cases.”
In one lawsuit that was dismissed in 2009 and kicked back on appeal a year later, attorney John Evans of Parker was accused of taking advantage of an elderly client. Evans eventually lost the Douglas County case for $180,000 in 2013 and, court records show, it was suppressed shortly afterward.
Evans filed for bankruptcy protection four months later and the judgment has gone unpaid, records show.
Evans did not respond to efforts by The Post to reach him.
The Colorado Attorney Regulation Counsel, which oversees lawyer conduct and discipline, eventually suspended Evans’ law license in March 2015 for eight months over conduct not related to the lawsuit — a penalty it set aside as long as Evans stayed out of trouble for 18 months.
It’s unclear whether the ARC ever learned of Evans’ conduct alleged in the lawsuit as that agency’s investigations are confidential.
And Evans is not required to tell them, either.
“I would love to see it where settlements and judgments of legal malpractice lawsuits are automatically reported to the state,” Rufner said. “There’s a lot of bad conduct now that’s not in the public eye and should be.”
Evans’ case is an anomaly, where the public gets a glimpse of the charges levied against an attorney within a suppressed lawsuit because of an appeal. The majority never reach an appellate court.
The Post found a number of lawsuits against attorneys are even closed to the public from the day they are filed.
AAron Ontiveroz, The Denver PostAttorney Bennett Aisenberg poses for a portrait on Thursday, Sept. 13, 2018. Eisenberg has been practicing law since the 1950s.
That’s what happened when Denver attorney Bennett Aisenberg sued fellow attorney Douglas Romero in Denver District Court in July 2017.
Aisenberg told The Post that the case was over unpaid legal fees stemming from having represented Romero in several matters, including before the state’s attorney disciplinary board.
Romero’s law license was suspended for five months starting in February 2017, and he was placed on a three-year probationary period for a variety of misdeeds against clients, including charging too much money from an immigrant he had convinced to plead guilty to a felony sex-assault charge. The client did, then changed his mind and was acquitted using a different attorney, Regulation Counsel records show.
So why ask to suppress his lawsuit against Romero from the public? Aisenberg said that to make his case, information typically protected by attorney-client privilege would have to be revealed and could cause Romero additional problems, such as further disciplinary charges.
“The whole basic idea is I didn’t want to get him into any other trouble other than the attorney fees, out of consideration for him, and to be sure I wasn’t violating any rules of ethical conduct,” said Aisenberg, a former president of the Colorado Bar Association and member of its ethics committee.
The suppression order from Denver District Judge Robert McGahey Jr. was nearly automatic and without a hearing, according to public records of the court’s actions in the case.
“If the court had said no, I’d not have been the least offended,” Aisenberg said. “And it’s discretionary to the court, and courts in most of these cases will say, ‘If you want suppression, we’ll give it to you.’ ”
Romero did not respond to Denver Post efforts to reach him.

About 200 malpractice cases of all kinds are filed in Colorado courts each year, according to Judicial Department annual reports, but that doesn’t account for all the cases that allege misconduct, officials say. Those could be classified as cases involving a breach of contract or the collection of money, among other things, attorneys say.
For the same reason, it’s difficult to quantify how many legal malpractice cases are suppressed each year, but getting one closed appears to be easier than the rules indicate it should be.
“If you have a stipulation for a settlement and there’s a request to suppress the case, judges aren’t going to buck the parties in an unopposed motion to do anything,” said attorney Andrew Oh-Willeke, whose practice is about 20 percent legal malpractice cases. “Maybe one judge in 10 would be concerned and have a hearing, but 90 percent of the time, the judge won’t look at it, (want) it off the docket, rubber stamp it, and go.”
Helen H. Richardson, The Denver PostAttorney Andrew Oh-Willeke, Of Counsel with Semler & Associates, is photographed in the lobby of his office building on Sept. 13, 2018 in Denver.
But Colorado’s rules of civil procedure, the courtroom directives for how the legal process is supposed to work, has a very specific set of criteria that must be met in order to suppress a case from the public.
Rule 121, as it’s known, lays out the framework to limit access to court files:

One of the parties must ask for the suppression, and the order shall specify why the case is being closed and how long it will remain that way.
The judge must find that “the harm to the privacy of a person in interest outweighs the public interest.”

There are several decisions by the state Supreme Court and Court of Appeals that delineate the legitimate reasons for suppressing a case, the most prominent from 1996 in which the appeals court ruled that simply saying a case contains personal information isn’t enough to close it.
“The fact that the parties may claim that a court file contains extremely personal, private, and confidential matters is generally insufficient to constitute a privacy interest warranting the sealing of that entire file,” the court wrote in Anderson vs. Home Insurance Company. “Prospective injury to reputation, an inherent risk in almost every civil lawsuit, is generally insufficient to overcome the strong presumption in favor of public access to court records.”
The Anderson case was a medical malpractice lawsuit in which the plaintiff sought access to information from a different suppressed lawsuit involving the same doctor. The appeals court, ruling in Anderson’s favor, made a point to talk about the public’s right to access information.
A medical doctor charged with malpractice would not be entitled to have the case sealed from public access if the doctor “failed to demonstrate how any possible harm to (their) reputation would differ from the possible harm that might be suffered by any other professional sued for malpractice,” the court wrote. “If the charge is proven accurate, the public should have access to that information; if the charge if unfounded, the public should be made aware of that fact, as well.”
Though Anderson was about medical malpractice, and is a key reason those types of cases are rarely suppressed, the appellate court decision applies to all lawsuits in which anyone seeks to suppress information.
The appellate court also made clear that any suppression request should not be rubber-stamped.
“We do hold … that a court cannot enter a limited access order based solely upon an agreement between the parties to the litigation,” the court held. “If the evidence does not support the required finding under (Rule 121), no such order may be entered.”
Lawyers asking to suppress lawsuits against them often have said “potentially defamatory information” could be in the court records, according to documents from cases shared with The Post. The appellate court in the Anderson decision said that could be a valid reason to restrict a lawsuit from the public.
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“Generally … a heightened expectation of privacy or confidentiality in court records has been found to exist only in those limited instances in which an accusation of sexual assault has been made, or in which trade secrets, potentially defamatory material, or threats to national security may be implicated,” the court wrote.
Sometimes, The Post found, a judge does take the time to evaluate a request to suppress a case, only to fall off track.
“Ordinarily, the court sees no basis or justification for suppressing or sealing a legal malpractice case, just as the court sees no basis for suppressing or sealing a medical malpractice case,” wrote one Denver judge in a suppression order issued in 2013. “The fact that a lawyer, physician, or other professional has been sued does not, standing alone, warrant limiting public access to a court file.”
Nevertheless, the judge on his own chose to suppress the entire case rather than separate documents within it for a reason no one had even suggested: The lawsuit contained emails between the plaintiff and the lawyers who were being sued, which the judge deemed as protected attorney-client privilege.
Lawyers who spoke to The Post say suppressions are often too broad and too frequent.
“As an attorney, I’m representing a client in legal malpractice, and they are offering … to have it settled and insisting on confidentiality, which they almost always do,” Mihm said. “More rarely, they actually, for one reason or another, want the whole file suppressed, and I’ve had occasions where I’ve said I don’t see how it complies (with the rules) … and the judge simply rubber-stamps it.”


Zillow, Opendoor entering Denver home market with instant offers

Zillow has become the go-to site for consumers wanting an estimate of a home’s value or a list of what’s available for sale in a neighborhood. But this fall, the website will go beyond real estate listings and start to make offers on Denver-area homes.
After launching Zillow Instant Offers in Phoenix and Las Vegas this spring, the Seattle real estate giant will expand the program to Atlanta in September and Denver before the end of the year.
And there will be competition. Opendoor, which has a four-year lead on Zillow in providing instant offers, is gearing up to launch in mid-October in metro Denver, its 15th market.
“We’ve already hired the general manager who will lead the office and have begin hiring for additional roles as well. We’ve got a local office space and have even begun partnering with local vendors/tradespeople,” said Opendoor spokeswoman Cristin Culver.
Opendoor, which has done about 20,000 deals, uses software to predict a home’s value and makes an instant offer, to which it adds a 7 percent transaction fee. If the seller agrees to the offer, they turn around and flip the home to another buyer.
“Will it attract every kind of homeseller? Probably not. It will attract sellers that have to sell quickly,” said Steve Danyliw, chair of the market trends committee at the Denver Metro Association of Realtors.
Firms trying to lure sellers with cash offers and promises of a quick sale aren’t new. Those “We Buy Ugly Houses” signs and posters have been around for years. Early last decade, home builders like Lennar even offered to take a current home off the hands of their customers to help facilitate a sale.
Because Zillow, and to a lesser degree Opendoor, has the size, deep pockets and consumer recognition to muscle out listing agents, its entry into this part of the Denver market could disrupt the status quo. But that doesn’t mean Denver’s brokerage community is planning to light the torches and grab the pitchforks to keep them away.
“There aren’t a lot of nerves or apprehension. I don’t think there are big concerns out there,” said Danyliw. “We see a lot of new things and new ideas enter the market all the time. For the most part, most of them don’t really stick.”
Some of the concerns agents had about Zillow Offers comes from an early proposal to use a third party to buy the homes it purchased. The fear was that Zillow would recruit sellers and line up buyers in advance, eliminating commissions for agents.
But Jeremy Wacksman, president of the new product line at Zillow, said the model being used has agents involved.
“We are not a house flipper. We aren’t looking for distressed inventory or people who need to sell, and our fee is typically a couple of percentage points above what you would pay selling on your own,” he said.
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Denver homeowners will be able to click on a button in the Zillow website requesting an instant offer. They will need to fill out a form providing information on the house and within two days should get an initial cash offer.
If a seller wants to move forward, they will be put in touch with a local employee. Zillow will then send out a licensed inspector, on its dime, to determine what kind of repairs are needed and if the information in the public record is correct, like the number of rooms and square footage.
And in what could prove key for some sellers, they get to set the closing date. That was a big draw for Dawn and Ken Hamm, who were looking to downsize their home in Anthem, a suburb of Phoenix.
“We were petrified of the selling process given our family dynamics,” Dawn Hamm said.
Even though they had completed a major renovation, they didn’t look forward to making the additional repairs a buyer would request. They didn’t want to cull the furniture to make the home ready to show. The couple had a disabled adult son in a wheelchair and several dogs who would have to camp somewhere else every time an agent wanted to show the home.
Another downside, the back and forth of negotiating, which can get protracted and personal.  Hamm said she initially tried another instant offer firm but didn’t like what they put on the table. That’s when she turned to Zillow to see if they could do better.
“When Zillow’s offer came in and it was right around everything that had been selling in the area. I don’t know if we would have done much better than if we had tried to sell it traditionally,” she said.
And dealing with a company offered a different level of flexibility than dealing with individuals who needed a place to live. Zillow offer normally comes with a 90-day window to close the sale, but the company stretched out the closing deadline into December go give the Hamms enough cushion as they waited for their new home to be completed.
“The price was fair and the stress was gone,” she said.
Part of Zillow’s upside comes from the higher resale value that improvements will generate. On average, the company is discounting its offer about 2 percent from its estimated value of a home to account for the repairs needed and the carrying costs, Wackman said.
When it turns around and sells, the company promises to pay real estate agents the standard commission on both sides of a deal. And if consumers don’t take the offers, there is an upside for agents too who have teamed with Zillow in advance.
Steve Murray, president of Real Trends in Castle Rock, said agents affiliated with Zillow could find a way to turn the program to their advantage.
“A overlooked benefit for both the premier agents and Zillow is that they will likely get hundreds of inquiries from consumers to look into the program, many of whom will not take the buyout offer but rather use a premier agent to market the home in a conventional process,” Murray said.
And the program won’t be a slam dunk for consumers. Depending on the type of properties it is interested in and the amount of money it has available, Zillow may not make an offer. Wacksman said initially the company is looking for homes around the median price in the market. That means the higher-end homes that can take weeks or months and are more of a headache to sell aren’t what the company is pursuing.
As for lower-priced homes, which can still sell in a weekend in metro Denver, sellers will probably be better served in letting multiple buyers go at it. Without testing the market, it can be hard to know what a buyer is really willing to pay, said Jim Smith, an agent with Golden Real Estate.
Smith said good agents will still get listings from buyers and sellers who recognize the value they provide. For him, the question is whether consumers who use instant offers will end up leaving money on the table.
“For sellers in particular, this is important, because it is only through maximum exposure achieved through the multiple listing service that you’re going to reach all the people who might bid up the sales price of your home,” he said.


Colorado BLM considers deferring parcels on Western Slope in upcoming oil and gas lease auction

Colorado Bureau of Land Management officials are considering requests from Gov. John Hickenlooper, Sen. Michael Bennet and western Coloradans to pull some of the parcels proposed for a federal oil and gas lease auction set for December.
BLM spokesman Steven Hall said Thursday the agency is also considering whether to defer the sale of leases on 2,830 acres of public lands in the North Fork Valley of southwest Colorado until the update of an area resource management plan is completed.
The land in the North Fork Valley near Paonia is among 224,341 acres of public land, mostly in western Colorado, that the BLM plans to offer for oil and gas leases in a Dec. 6 auction. The auction is part of the agency’s quarterly lease sales.
Hall said some of the parcels have already been deferred, including in the North Fork Valley, and action on more could be delayed if the agency determines that is in order.
“It certainly gives me hope that they’re considering it,” said Andrew Forkes-Gudmundson of the Delta County-based Citizens for a Healthy Community. “But nothing that we’ve really heard from the BLM has given us any indication that they would be inclined to defer those parcels.”
Citizens for a Healthy Community, the Paonia Town Board and the Delta County commissioners are among those who have spoken against leasing the land for oil and gas drilling. Their concerns include potential impacts on air and water quality and the tourism, organic farms, orchards and vineyards that have become an important part of the economy.
Hall said the area in the North Fork Valley proposed for leasing already has 46 active wells. He said the economic benefits of developing the oil and gas are a factor in the agency’s considerations.
In recent, separate letters to the Colorado BLM, Hickenlooper and Bennet asked that action on several of the parcels in the upcoming sale be postponed because of the concerns of local elected officials and residents in the North Fork.  Both cited complaints from local and county officials that the comment and review periods were rushed and that public input was hindered because of technical glitches with the BLM’s online system for submitting comments.
“The BLM should operate through a fair process with opportunities for widespread community engagement for oil and gas lease sales,” Bennet wrote.
Hickenlooper and Bennet referred to changes by national BLM officials that shortened the time periods for public comment and revised requirements for environmental review in efforts to streamline and speed up the leasing process.
Forkes-Gudmundson said the public comment periods were reduced to 15 days from 30, part of which included the Fourth of July holiday.
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“This new process is insufficient to allow for meaningful input into a sale that currently includes 224 parcels and 230,944 acres across Colorado,” Hickenlooper wrote in his Sept. 11 letter.
The Colorado BLM office referred questions about the process changes to the national office, which didn’t return a request for comment.
Hall said the BLM strives to be “very open, very public, very transparent.” He noted that in addition to land in the North Fork Valley, other parcels have been deferred. Those include areas close to greater sage grouse leks, or mating grounds.
State and federal plans approved in 2015 are aimed at rebuilding the population of sage grouse across the West.


Gigabyte RTX 2080 Ti Wind Force OC Clocked Higher Than Reference Design Out Of The Box

The Nvidia RTX 2080 Ti and RTX 2080 have been released and the non-reference design models are going to come out soon. Here we have the Gigabyte RTX 2080 Ti Wind Force OC which has been spotted being used in the GeForce iCafe. Not only that but we have also spotted the Gigabyte RTX 2080 Wind Force OC and the RTX 2070 variant as well.
The RTX 2080 Ti might seem like the most powerful graphics card on the market right now and that is the case if you look at the raw performance that it has to offer but you should check out the reviews before you go ahead and get one.
Gigabyte RTX Graphics Cards
The Gigabyte RTX 2080 Ti Wind Force OC comes in a Black design with triple fans to keep the card cool under load and it is being used in the Nvidia certified GeForce iCafe. You can check out images of the graphics card being used below:

Gigabyte RTX 2080 Ti Wind Force OC
The Gigabyte RTX 2080 Ti Wind Force OC has also been spotted on the official website and according to the numbers that have been provided it has a core clock speed of 1665 MHz in OC mode and 1650 MHz in Gaming mode this is a small increase as compared to the reference card that delivers 1545 MHz. There is no information regarding the boost clock but you can check out the graphics card below:

Gigabyte RTX 2080 Wind Force OC
The Gigabyte RTX 2080 Wind Force OC has also been spotted on the official website and according to the numbers that have been provided it has a core clock speed of 1800 MHz in OC mode and 1785 MHz in Gaming mode this is a small increase as compared to the reference card that delivers 1710 MHz. There is no information regarding the boost clock but you can check out the graphics card below:

Gigabyte RTX 2070 Wind Force OC
The Nvidia RTX 2070 does not have a release date yet but it has still been spotted on the site. We do not have information regarding the clock speeds of the graphics card yet but you can check out the images of the graphics card below:

Let us know what you think about the Gigabyte RTX 2080 Ti Wind Force OC and the other models that Gigabyte has to offer and whether or not you are interested in getting one of these non-reference design cards.
The post Gigabyte RTX 2080 Ti Wind Force OC Clocked Higher Than Reference Design Out Of The Box appeared first on SegmentNext.


Democrats are now the party of lawlessness and anarchy

In their efforts to appeal to the extreme left-wing elements in their base, the Democrats are becoming the party of lawlessness and anarchy.
Their dedication to disorder was on full display during Brett Kavanaugh’s Supreme Court confirmation hearings just last week.
While radical Democrat “activists” attempted to derail the proceedings — over 200 were arrested during the course of the hearing — Senate Democrats put on their own protest from the rostrum, marked by a complete disregard for law, order, and basic decency.
Sen. Kamala Harris wouldn’t even let Sen. Chuck Grassley open the proceedings without interrupting him repeatedly. Sen. Cory Booker released confidential Kavanaugh documents during the week, claiming his “I am Spartacus” moment, though the files may not have been deemed classified when he released them.
While it might shock Americans to see their elected officials behave this way, it’s not surprising from Democrats. When U.S. Representatives take the oath of office, they swear to defend and uphold the laws of the land. Unfortunately, the unofficial motto of the Democrat Party now appears to be “attack and subvert the laws of the land whenever and wherever possible.”
In fact, the Democrats’ embrace of anarchy goes well beyond Senators Harris and Booker and their embarrassing antics at the Kavanaugh hearings — it’s become the basis of their party platform.
Take a look at their embrace of open borders and sanctuary cities. Not only do Democrats consistently support illegal aliens and look for every possible opportunity to give them citizenship (and let them vote in elections), but they also openly enable violent criminal illegal aliens through their support of sanctuary cities.
For years, Democrats have opposed Republican efforts to crack down on sanctuary jurisdictions — cities and countries in Democrat control that refuse to cooperate with Immigration and Customs Enforcement (ICE) and willingly release illegal alien criminals onto our streets.
Democrats have jeopardized our safety by refusing to hand over criminal aliens to law enforcement and because of that, far too many Americans have been killed at the hands of people who should have never been in our country to begin with.
Now they’re actively campaigning to have ICE itself destroyed. Several high profile Democrats, including Sens. Kamala Harris, Elizabeth Warren, and Kirsten Gillibrand have called for the abolishment of the only law enforcement agency dedicated to removing criminal illegal aliens.
But the Democrats’ disdain for law enforcement goes far beyond those who have “ICE” embossed on their badges. They’ve been waging war against law enforcement as a whole since the Obama presidency — during which his administration reflexively took the side of street criminals and used the immense power of the Justice Department to prosecute officers and local police departments for simply doing their job.
Being pro-illegal immigration and anti-police is bad enough, but the Democrats have also begun to implicitly, and sometimes even explicitly, endorse violence against Republicans in pursuit of their political agenda.
Rep. Maxine Waters infamously told a crowd of supporters to “resist” the Trump administration by any means necessary, and has doubled-down repeatedly since. Shortly before President Trump’s inauguration, Minnesota Rep. Keith Ellison, who is also the deputy chair of the Democratic National Committee, tweeted a photo of himself holding the book Antifa: The Anti-Fascist Handbook, the bible for the violent domestic terrorist group that shares the book’s name.
Democrats also go beyond just ignoring violence from their side — they encourage it. In a disturbing segment last month, CNN host and Democrat cheerleader Chris Cuomo defended Antifa violence against law-abiding Americans. “All punches are not equal morally,” claimed Cuomo. “Fighting hate is right and in a clash between hate and those who oppose, those who oppose it are on the side of right,” he said.
The problem with Cuomo’s interpretation, as we’ve seen through numerous college campus protests — and the recent phenomenon of mainstream conservatives like Dennis Prager being censored on social media websites — is that anyone who doesn’t support the radical agenda of the left-wing is slandered as hateful by Democrats and their extreme liberal base. Therefore, in their minds, it becomes morally justified to punch even the most mild-mannered and moderate conservative in the face.
If you support strong borders or low taxes, Antifa and their defenders may proclaim that it’s righteous to curb-stomp you.
The Democrats’ unhinged, anti-law and order attitude stands in stark contrast to President Trump’s America First agenda.
The Democrats are willing to risk American lives in the name of their open borders agenda, they openly attack and ridicule our law enforcement, and worst of all, they turn a blind eye to their supporters committing violence against those they disagree with.
President Trump, on the other hand, wants to protect us from criminal illegal aliens, give police the resources they need to do their jobs properly, and protect free speech for all Americans.
Donald Trump and the Republican Party stand for law, order, and safety. The Democrats stand for lawlessness, disorder, and anarchy. The choice this November could not be more clear — the people will pick law and order.
Donald Trump Jr. is the executive vice president at The Trump Organization and the son of President Donald Trump.
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GALAX RTX 2080 Ti HOF Spotted In White With Triple Fan Cooler

The GALAX RTX 2080 Ti HOF has been spotted and the iconic Hall of Fame graphics card comes with a triple fan cooler and a beautiful White and Gold design. GALAX has been making the Hall of Fame series since 2010 and it is very popular with overclockers due to the beefy cooler and the flexibility that it has to offer in terms of overclocking.
The GALAX RTX 2080 Ti HOF comes with a backplate and there is that crown logo on the front. There is also a display that will show some information regarding temperature and clock speed, which should be a useful feature. Other than that we have also spotted the GALAX RTX 2080 that comes with dual fans and is available in both Black and White. You can check out the GALAX RTX 2080 Ti HOF and GALAX RTX 2080 below:

The GALAX GeForce RTX 2080 EX OC comes with RGB lighting like most other cards in 2018 but if you want to keep it clean then these lights can be turned off as well. There is no word regarding the pricing or availability of these graphics cards but keeping in mind that these are meant for enthusiasts, these will be priced higher than the reference design models.
We also do not know about the clock speeds of the GALAX RTX 2080 Ti HOF or the GALAX GeForce RTX 2080 EX OC, but then again these are designed for enthusiasts and overclockers so you should get better performance out of the box as well as a proper margin for overclocking.
TGS 2018 has been very interesting indeed and we also got a new trailer for Devil May Cry 5 at the event. More more news and information regarding these graphics cards, stay tuned.
Let us know what you think about the GALAX GeForce RTX 2080 EX OC and the GALAX RTX 2080 Ti HOF and whether or not you are interested in getting one of these graphics cards when they come out in the upcoming few weeks.
The post GALAX RTX 2080 Ti HOF Spotted In White With Triple Fan Cooler appeared first on SegmentNext.


Ask Amy: Bridesmaid question causes planning paralysis

Dear Amy: My fiance and I have started planning our wedding. I have four brothers; my fiance has two brothers. Both of his brothers are married. I am not necessarily close with their wives, but I was a bridesmaid in their weddings, although I was placed as the last individual on the line (farthest away from bride and groom in both cases).
Should I choose to include these women as my bridesmaids, and ask my fiance to include my four brothers as his groomsmen? We had originally planned to have no wedding party, but I don’t want to hurt any family members’ feelings (mine would have been hurt if I was left out).
I had also thought to just have my brothers stand with me, and his brothers stand with him. Or have my mother and cousin stand up with me.
My sisters-in-law love me, and I love them. But if I choose to exclude them, am I setting the stage for angst and hurt for years to come? We are paying for this wedding ourselves and trying to keep costs down. I don’t know what to do, and no one around me can offer sound advice without airing their personal feelings.
— Too Many Siblings
Dear Too Many: Your own reaction to the honor when you were twice asked to be a bridesmaid — to complain because you were placed “last on the line” — reveals how seriously some people take these wedding honors/duties.
You are overthinking this, and seem torn between serving your own wants (not to have attendants), versus your perceptions of how tenderly people respond to being asked, or excluded, from the wedding party.
Because I don’t think you are capable of handling the complications involved with making actual choices and managing this social burden confidently, I think you and your guy should go it alone, and ask your brothers and their spouses/partners to enjoy being honored guests.
Dear Amy: I am in an office of about 25 employees, and we each have our own cubicle with dividing partitions above the desk, but not below.
I sit near a back corner of the office, with one coworker, “Tom,” sitting between me and the restrooms. Tom has a few quirks that drive me crazy; in particular, he snickers loudly every time we can hear anything that goes on in the bathrooms, even going so far as to comment out loud (“oh man!)” occasionally.
We all know what happens in a bathroom, and it’s hard enough to be in a small office where nothing is really private, does he really need to draw attention to it? He also scoots away from his desk and sneezes into the void below his (and my) desk every time he sneezes.
I cringe, thinking about all of the things he’s sneezing on that might make it home with me that night (my purse, my shoes, myself). As I am the only person actually sitting next to him, his comments about the bathroom and his sneezes directly affect me, but others might not even notice.
Is there a way to politely ask him to cover his mouth when he sneezes, and to stop commenting on the bathroom sounds? I feel like I have to teach him how to be an adult, when he’s actually in his 40s.
— Grossed Out Co-worker
Dear Grossed Out: Why does “Tom” get to behave as he pleases, while you worry excessively about being polite?
Use your words: “Hey ‘Tom,’ it’s tough enough for us to sit here right next to the bathrooms all day. You commenting out loud about every noise makes things worse. Can you stop doing that?”
Frankly, “Tom” has a right to sneeze in the space beneath his own desk. The fact that his space is connected with yours is not something he can control. Your shoes being sneezed upon does not seem to place you at risk. You might want to store your handbag in a file drawer, however.
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Dear Amy: “A Concerned Mom” reported that her 10-year-old saw some other kids “vaping” in the locker room. Your answer missed the point: Depending on what state they live in, vaping for under 18-year-olds is illegal!
— Upset
Dear Upset: I believe you are mistaken. Sales of vaping products are banned in some states, but actual use of these products seems to have slipped through a legal loophole.
But that is immaterial. Children should not be vaping, and this boy’s concerns should be dealt with by the adults in his life.