Lawyers
Joshua D. Cools
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Practice Areas
Consumer and Industrial Products Mass and Toxic Torts Medical Devices & Pharmaceuticals Commercial Litigation Employment Litigation Discovery Automobiles
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Education
Ave Maria School of Law (J.D., 2009, magna cum laude)
Hillsdale College (B.A., 2003, History, cum laude) -
Court/Bar Admissions
Supreme Court of California Supreme Court of Nevada Supreme Court of Oregon United States District Court, District of Nevada United States Court of Appeals, Ninth Circuit United States District Court, Northern District of California United States District Court, Southern District of California United States District Court, Central District of California
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Publications
“Keeping Out of The Weeds: Defense Should Focus on Winning Liability Instead of Damages at Trial,” Author, Nevada Lawyer Magazine (January 2017).
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Legal Memberships/Honors
DRI, Member
PLAC, Member
Mountain States Super Lawyers®, Rising Stars (2015-2019, 2021)
Legal Aid Center of Nevada Honor Roll (2017)
Skylar N. Arakawa-Pamphilon
Skylar N. Arakawa-Pamphilon defends manufacturers in product liability and personal injury litigation. Skylar was the Outstanding Graduate of William S. Boyd Law School of Law’s 2021 graduating class and clerked for the Honorable Chief Judge Michael P. Gibbons on the Nevada Court of Appeals during the 2021-2022 term. Skylar has experience researching complex legal issues, performing risk assessments, writing briefs, drafting written discovery, and completing large-scale document review. Skylar has also attended trial and assisted with successfully appealing issues to the Supreme Court of Nevada.
Practice Areas
Consumer and Industrial Products
Mass and Toxic Torts
Commercial Litigation
Education
William S. Boyd School of Law (J.D., 2021, magna cum laude)
Nevada Law Journal, Articles Editor
Society of Advocates Moot Court, President
University of Nevada, Las Vegas (B.S. 2018, suma cum laude)
Court/Bar Admissions
Supreme Court of Nevada
United States District Court, District of Nevada
Legal Memberships/Honors
2021 Outstanding Graduate, William S. Boyd School of Law
Scribes Award Recipient, The American Society of Legal Writers
First Place Winner, August A. Rendigs National Products Liability Moot Court Competition
CALI Awards for Excellence in Lawyering Process I, Labor Law, Gaming Technology Providers, Federal Indian Law, and Climate Law Practicum.
Sydney Sloas
Sydney Sloas’ practice areas include corporate product liability defense and employment law. Sydney graduated from St. Thomas University, Benjamin L. Crump College of Law, cum laude and with a certificate in Intellectual Property. Sydney earned the CALI Award for Excellence, awarded to the top scorer in each law school class, for her efforts in Innovations and Patent Management and Moral Dilemmas Seminar. Also, while at St. Thomas, Sydney served as the Vice President of Sports for the Entertainment and Sports Law Society.
Additionally, Sydney attended the Master of Sports Law and Business program at Arizona State University, Sandra Day O’Connor College of Law where she was taught by Major League Baseball commissioner emeritus, Allan “Bud” Selig.
Practice Areas
Education
St. Thomas University, Benjamin L. Crump College of Law (J.D., 2022)
Arizona State University, Sandra Day O’Connor College of Law (M.S., 2018)
University of Memphis (B.S, 2016, Sport and Leisure Management)
Court/Bar Admissions
California and California Federal: Central District
Christopher Waldon
Christopher Waldon is a trial lawyer. He has represented a wide spectrum of clients from pro bono individuals to fortune 50 corporations throughout the litigation process, from initial intake through verdict and appeal. His practice focuses primarily on commercial litigation and civil litigation defense, including consumer, class action, employment, product liability and wrongful death/personal injury lawsuits. Mr. Waldon’s goal in every case is to serve his clients’ interests and needs, whether that means winning at all costs or negotiating a palatable settlement.
Practice Areas
Commercial Litigation
Class Actions
Consumer and Industrial Products
Employment
Product Liability
Automobiles
Wrongful Death/Personal Injury Defense
Education
University of North Carolina School of Law (J.D. with Honors, 2007)
Emory University (B.A. with High Honors, 2003)
Court/Bar Admissions
California
North Carolina
United States District Court, Northern District of California
United States District Court, Eastern District of California
United States District Court, Central District of California
United States District Court, Southern District of California
Ninth Circuit Court of Appeals
Colin P. Cronin
Colin P. Cronin primarily defends manufacturers in product liability litigation and consumer warranty litigation. He has successfully litigated several cases to a favorable verdict and resolved a great many more for his clients. Colin prides himself on his tenacious approach and thorough analysis of all possible defenses. He presents confidently in court and values prompt reporting and direct communication with clients. His practice also includes work on employment litigation, premises liability, personal injury, and the defense of complex toxic tort environmental exposure claims. Colin has drafted a large variety of legal memoranda, pleadings, motions, briefs, and reports on product liability, consumer warranty, personal injury, and environmental claims. He has deep experience managing the discovery process through both federal and state courts in California, as well as preparing, defending, and/or examining witnesses at deposition and trial. He is prepared to provide a zealous defense through all stages of litigation, including appellate work.
Practice Areas
Automobiles
Consumer and Industrial Products
Commercial Litigation
Employment Litigation
Education
Loyola Law School, Los Angeles, J.D., 2018
Scott Moot Court National Team, 2017 – 2018
University of California, Los Angeles, B.A. Political Science, 2009
UCLA Water Ski Team, Captain 2006 – 2008
Court/Bar Admissions
Supreme Court of California
United States District Court, Central District of California
United States District Court, Northern District of California
United States District Court, Southern District of California
United States District Court, Eastern District of California
United States District Court, Colorado
Publications
“Civil Court Crisis: Cuts in Services Due to Budget Shortfall Impact Public.” Author, Verdict, Association of Southern California Defense Counsel, 2(1) 8-12, 2012.
Legal Membership/Honors
Association of Southern California Defense Counsel
South Bay Bar Association
Christine Diaz Reynolds
Christine Reynolds defends clients in complex employment, commercial, and product liability matters in state and federal courts. Her practice is focused on handling complex employment matters involving allegations of discrimination, harassment, retaliation, and wrongful termination, as well as product liability matters for manufacturers of automobiles, consumer/recreational products, and industrial equipment. Christine defends organizations against allegations of breach of the Fair Employment and Housing Act, unfair business practices (Cal. Bus. & Prof. Code §17200, et seq.), Labor Code, Unruh Civil Rights Act, and regulatory matters. Christine serves on the boards of the Davis Magnet School Education Foundation and the Academy of Our Lady of Peace Alumnae Association Council, and the Davis Magnet School Site Council.
Practice Areas
Employment Litigation
Commercial Litigation
Consumer and Industrial Products
Discovery
Education
University of San Diego School of Law (J.D., 2009)
University of California, Berkeley (B.A., 2004, Integrative Biology, Rhetoric)
NCAA Div. I Women’s Crew
Court/Bar Admissions
Supreme Court of California
United States District Court, Northern District of California
United States District Court, Central District of California
United States District Court, Eastern District of California
United States District Court, Southern District of California
Legal Memberships/Honors
Southern California Super Lawyers®, Rising Star (2020-2021)
Orange County Bar Association, Labor & Employment Law section
Hispanic National Bar Association
Hispanic Bar Association of Orange County
Kelly A. Evans
Kelly A. Evans is a founding partner of EFSMM. His practice is focused on trials of product liability cases. Kelly has tried cases for major pharmaceutical, medical device, and automotive companies in many courts throughout the country. Kelly knows how to select juries and present complex facts and arguments in a manner that is simple to understand and results in verdicts for his clients.
Practice Areas
Consumer and Industrial Products
Medical Devices & Pharmaceuticals
Automobiles
Commercial Litigation
Mass & Toxic Torts
Education
Duke University (J.D., with honors; M.A., Philosophy, 1994)
University of Utah (B.A., 1991)
Court/Bar Admissions
Supreme Court of Nevada
Supreme Court of Colorado
Supreme Court of Indiana
United States Court of Appeals, Seventh Circuit
United States Court of Appeals, Ninth Circuit
United States Court of Appeals, Tenth Circuit
Chad R. Fears
One of the founding partners of EFSMM, Chad Fears’ practice focuses on product liability cases with an emphasis on medical devices and pharmaceuticals. He has defended major pharmaceutical companies regarding their medications for hormone therapy, diabetes, high cholesterol, and varies birth control products. He has been a member of strategy, company witness, expert, and trial teams in these litigations. Chad also litigates cases involving mass and toxic torts, consumer products and business disputes. Chad knows how to develop themes and strategies that will lead to success in resolving the litigation, whether at motion practice or at trial.
Practice Areas
Mass & Toxic Torts
Medical Devices & Pharmaceuticals
Appeals
Consumer & Industrial Products
Business Law & Commercial Litigation
Education
J. Reuben Clark Law School, Brigham Young University (J.D. 1999)
Magna cum laude
Order of the Coif
Brigham Young University (B.A. with University Honors, 1996)
B.A. – Political Science, B.A. – French
Thesis – Moderation in the Federalist: A Modern Republican Virtue
Court/Bar Admissions
Supreme Court of Nevada
District of Columbia Court of Appeals
United States District Court, District of Nevada
United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Ninth Circuit
Legal Membership/Honors
Defense Research Institute
International Association of Defense Counsel
Honor Roll, Legal Aid Center of Southern Nevada
Mountain States Super Lawyers, Products (2019-2023)
Legal Elite/Top Rank Attorneys, Nevada Business Magazine (2012-2022)
Samantha Geraghty
Samantha Geraghty’s practice is focused on defending product liability matters, primarily for the manufacturers of automobiles. Samantha also handles commercial litigation, premises liability, and the defense of personal injury matters. She graduated cum laude from Western State College of Law while taking practical courses such as Interviewing and Counseling, Advanced Trial Advocacy, and Negotiations. She earned three Witkin awards for earning the top grade in Contracts, Constitutional Law, and Remedies. During law school, Samantha was a paralegal in litigation, bankruptcy, and civil rights firms where she focused on skills building and advocating for clients while mastering substantive legal principles.
Practice Areas
Education
Western State College of Law (J.D., 2022, Cum Laude) – Dean’s Fellow, Certificate of Public Service, Mock Trail Team – Witkin Awards in Contracts, Remedies, and Constitutional Law
San Diego State University (B.A., 2018, Political Science)
Bar Admissions
Supreme Court of California
United States District Court, Central District of California
Legal Memberships/Honors Section
Member, Orange County Bar Association
Member, Orange County Women Lawyer’s Association
Member, Ball-Hunt-Schooley Chapter of American Inns of Court
Buffalo Niagara Trial Competition Best Advocate Nominee 2021
David W. Gutke
David W. Gutke defends a variety of product liability actions, including representation of vehicle, construction equipment, medical device, and pharmaceutical manufacturers. In particular, David manages coordinated proceedings and collections of numerous mass tort products lawsuits. He further handles electronic discovery and document management aspects of coordinated litigation.
David also prosecutes and defends commercial litigation matters, including breach of contract, business torts, and real property disputes on behalf of a variety of clients. He frequently serves as local counsel in the prosecution and defense of patent infringement matters in federal court. David has been involved in multiple high-stakes trials of products liability and commercial litigation matters.
Practice Areas
Consumer and Industrial Products
Mass & Toxic Torts
Commercial Litigation
Discovery
Medical Devices & Pharmaceuticals
Education
University of Utah (J.D., 2005)
William H. Leary Scholar
President, Student Intellectual Property Law Association
Utah State University (B.S., Physics, 2001)
College of Science Scholarship
Court/Bar Admissions
Supreme Court of Nevada
United States District Court, District of Nevada
Ninth Circuit Court of Appeals
Legal Memberships/Honors
Mountain States Super Lawyers®,
Personal Injury – Products: Defense (2015-2018, 2020)
Mountain States Super Lawyers®,
Product Liability Defense (2019) (2024)
Mountain States Super Lawyers®,
Business Litigation (2013-2014)
Legal Elite
Top Southern Nevada Attorneys,
Nevada Business Magazine (2014)
Mountain States Super Lawyers®,
Rising Star, Business Litigation (2012)
Super Lawyers (2021-2022)
Chair Elect of Product Liability and Mass Tort Section, State Bar of Nevada
Hayley E. LaMorte
Hayley E. LaMorte defends pharmaceutical companies, medical device manufacturers, and chemical companies in product liability, mass tort, and personal injury litigation. Hayley has exceptional legal research skills, and is able to review, process, and analyze large amounts of information quickly for use during litigation. Hayley has experience in fact development and discovery, including drafting and responding to written discovery and preparing fact and company witnesses for depositions. Hayley also has significant experience with e-discovery, including document collection, review, production, and coordinating large-scale document review projects.
Practice Areas
Consumer and Industrial Products
Mass & Toxic Torts
Discovery
Appeals
Medical Devices & Pharmaceuticals
Commercial Litigation
Education
William S. Boyd School of Law (J.D., 2016, magna cum laude)
Nevada Law Journal, Editor-in-Chief
Scribes Award Recipient, The American Society of Legal Writers
CALI Award for Legal Writing I
University of Nevada, Las Vegas (B.A., 2013, cum laude and University Honors Scholar, Political Science)
Court/Bar Admissions
Nevada Bar No. 14241
U.S. District Court – District of Nevada
Publications
Taming the Wild West; Using Unsecured Bail Bonds in Nevada’s Pretrial-Release Program, 16 Nev. L.J. 1239 (2016).
Legal Memberships/Honors
Rising Star
Issued by Mountain States Super Lawyers · Jan 2022
Associated with Evans Fears & Schuttert LLP
Rated in products liability defense litigation.
Rising Star: Issued by Mountain States Super Lawyers · Jan 2022
Elizabeth V. McNulty
Elizabeth V. McNulty defends manufacturers in diverse industries such as automobiles, motorcycles and off-road vehicles, sports equipment, pharmaceuticals, healthcare, recreational and towing products, construction and industrial equipment, and other consumer products in complex catastrophic injury and fatality litigation. She defends class action and mass tort claims, relating to a variety of consumer products, in both federal and state courts. In addition, she oversees national and regional counsel defense programs put in place to manage repetitive litigation involving design, manufacture, and warnings defect claims.
In her regulatory and environmental practice, Elizabeth defends clients against Proposition 65, asbestos, toxic tort and other environmental exposure claims. She regularly works on behalf of her clients with state and federal environmental agencies, including the U.S. Environmental Protection Agency (EPA), Consumer Product Safety Commission, the California EPA, Department of Toxic Substance Control, OEHHA, and the Southern California Air Quality Management Board. She provides compliance advice and program management guidance for the ever-changing state, national, and international chemical and toxin regulations including the Consumer Product Safety Improvement Act of 2008, the Lacey Act, California’s Proposition 65, California’s Green Chemistry Initiative, the Toxic Substances Control Act, and other related federal and state regulatory issues.
Elizabeth also has substantial experience in defending employment litigation matters including those focusing on harassment, discrimination, and wrongful termination as well as commercial litigation involving breach of contract, business-related torts, breach of warranty, covenants not to compete, and confidentiality issues.
Practice Areas
Defense of Products
Employment Litigation
Automobiles
Commercial Litigation
Education
University at San Diego School of Law (J.D., 1997)
University of California, Irvine (B.A., 1994)
Court/Bar Admissions
Supreme Court of California
United States District Court, Central District of California
United States District Court, Eastern District of California
United States District Court, Northern District of California
United States District Court, Southern District of California
United States Court of Appeals, 9th Circuit
Publications
California’s Proposition 65: The Target is Moving–Will it Land on You?
Regulation and Litigation Surrounding ECigarettes.
Proposed Changes to Proposition 65 Provide Limited Benefit to Business.
Supreme Court Arbitration Decisions: A Reminder to Draft Contracts and Arbitration Provisions with Care, Co-author, The Voice, Defense Research Institute, September, 2013.
The Act of Unintended Consequences: The Consumer Product Safety Improvement Act of 2008, Co-author, OC Lawyer Magazine, September, 2009.
Legal Memberships/Honors
Southern California Super Lawyers®, Rising Star (2004-2012)
Southern California Super Lawyers® (2016-2017, 2020-2024)
Martindale Hubbell, AV Rated (2017-2024)
Defense Research Institute
Lawyers for Civil Justice
PLAC, formerly known as the Product Liability Advisory Council – Board of Directors
Lee Mickus
Lee Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages. He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana, and several other states. Lee has handled cases involving a wide variety of industries and products, including automobiles, pharmaceuticals, medical devices, industrial machinery, wine, and recreational equipment. Lee has made court appearances, argued appeals, and submitted amicus briefs in numerous jurisdictions across the country.
Practice Areas
Consumer and Industrial Products
Mass & Toxic Torts
Appeals
Discovery
Automobiles
Commercial Litigation
Discovery
Education
The University of Virginia School of Law (J.D., 1993)
Williams College (B.A. cum laude, 1990)
Exeter College, Oxford University (1988-1989)
Court/Bar Admissions
United States Supreme Court
Supreme Court of Colorado
Supreme Court of Montana
Supreme Court of Texas
Supreme Court of Wyoming
United States District Court, District of Colorado
United States District Court, Eastern District of Arkansas
United States District Court, Western District of Arkansas
United States District Court, Central District of Illinois
United States District Court, Montana
United States District Court, Eastern District of Texas
United States District Court, Northern District of Texas
United States District Court, Southern District of Texas
United States District Court, Western District of Texas
United States District Court for Wyoming
United States Court of Appeals, 5th Circuit
United States Court of Appeals, 6th Circuit
United States Court of Appeals, 9th Circuit
United States Court of Appeals, 10th Circuit
United States Court of Appeals, 11th Circuit
Publications
Federal Rule of Evidence 702: A Practitioner’s Guide to Understanding the 2023 Amendments
“Georgia Supreme Court’s Doubts on Seat Belt Gag Rule’s Constitutionality Puts Legislature on Notice,” Washington Legal Foundation Legal Opinion Letter (July 29, 2022).
“Trial Court’s Evidentiary Ruling in ‘Natural Vanilla’ Class Action Reflects Need for Changes to Rule 702,” Washington Legal Foundation Legal Opinion Letter (November 12, 2021).
“Stop Calling Them ‘Daubert Motions’: Federal Rule of Evidence 702 and Why Words Matter,” Washington Legal Foundation Working Paper No. 221 (August 2021) (with Abigail Dodd).
Opening the Courts to Seat Belt Non-Use Evidence,” Author, Law 360 Expert Analysis Online Website (December 24, 2015).
“Fifty-State Compendium on the Law of Punitive Damages,” Contributing Author for Colorado, Defense Research Institute (2009).
“New Statutes Change Civil Litigation in Colorado,” Co-Author, 33 Colo. Lawyer 65 (May 2004).
“To Beep or Not to Beep: The Optional Equipment Defense,” Co-Author, 19 LJN’S Product Liability Law & Strategy 4 (April 2001).
“Discovery of Work Product Disclosed to a Testifying Expert Under the 1993 Amendments to the Federal Rules of Civil Procedure,” Author, 27 Creighton L. Rev. 773 (1994) (cited in five published federal and state court cases and more than a dozen law review articles, and treatises).
Legal Memberships/Honors
Colorado Civil Justice League
President, 2009-2010; 2015
Board of Directors
Legal Advisory BoardLawyers for Civil Justice – Co-Chair, Rule 702 Committee
International Association of Defense Counsel
Defense Research Institute
Colorado Defense Lawyers Association
Lawyers for Civil Justice “Alfred W. Cortese Jr. Award,” given for “outstanding contributions to the promotion of excellence and fairness in the United States civil justice system” (2020)
Lawyers for Civil Justice Outstanding Contributor (2017)
Colorado Civil Justice League’s “Lawyer of the Year” (2005)
The Best Lawyers in America® – Personal Injury Litigation – Defendants (2024)
The Best Lawyers in America® – Production Liability Litigation – Defendants (2024)5280 Magazine Top Lawyers, Personal Injury: Defense (2015-Present)
Colorado Super Lawyers®, Personal Injury Defense: Products (2009-Present)
Martindale Hubbell, AV Rated
Jay J. Schuttert
Jay J. Schuttert is a go-to trial lawyer whose lead and co-lead trial experience includes numerous jury trials in federal and state courts in Nevada and around the country for product manufacturers and corporations, involving claims of serious illness, catastrophic injury and/or wrongful death. As a founder of EFSMM, Jay’s practice is primarily focused on defending product liability matters for manufacturers of chemicals, pharmaceuticals, medical devices, automobiles, motorcycles, consumer/recreational products, and industrial equipment. Jay also handles premises liability, vehicle/trucking collisions, medical malpractice, commercial disputes, and employment matters.
Practice Areas
Mass & Toxic Torts
Medical Devices & Pharmaceuticals
Automobiles
Consumer and Industrial Products
Commercial Litigation
Education
Syracuse University College of Law (J.D., cum laude, 2003)
Associate Editor, Syracuse Law and Technology Journal
Justinian Honorary Law SocietyUniversity of Rhode Island (B.S., Business Management, highest distinction, 1999) – Beta Gamma Sigma
Court/Bar Admissions
Supreme Court of Nevada
United State District Court, District of Nevada
United States Court of Appeals, Ninth Circuit
Publications
“Keeping Out of the Weeds: Defense Should Focus On Winning Liability Instead of Damages at Trial,” Co-Author, Nevada Lawyer Magazine (January 2017).
Legal Membership/Honors
Fellow, Litigation Counsel of America
Defense Research Institute
Legal Elite – Top Southern Nevada Attorneys, Nevada Business Magazine (2015-2016, 2018)
Mountain States Super Lawyers®, Rising Stars Edition, Personal Injury Defense (2012-2016)
Mountain States Super Lawyers®, Product Liability Defense (2019-2022, 2024)
The Product Liability Lawyers, Nevada Product Liability Lawyer of the Year (2023)
Paige S. Silva
Paige S. Silva defends pharmaceutical companies, medical device manufacturers, and chemical companies in product liability, mass tort, and personal injury litigation. Paige treats each client and case as unique, building a strong connection in order to provide the best representation. Paige values attention to detail and excels at strategically identifying and presenting thorough analyses of complex legal issues. Paige also has experience with various aspects of litigation including motion practice, written discovery, legal research, and document review and coding.
Practice Areas
Consumer and Industrial Products
Mass & Toxic Torts
Commercial Litigation
Education
William S. Boyd School of Law (J.D., 2021, magna cum laude)
Nevada Law Journal, Business Editor; Society of Advocates Moot Court
University of Nevada, Las Vegas (B.A., 2017, Criminal Justice)
Court/Bar Admissions
Supreme Court of Nevada
United States District Court, District of Nevada
Publications
2021-2022 Ninth Circuit Product Liability Case Law Update, Co-Author, DRI Products Young Lawyers Group (publication forthcoming).
Legal Memberships/Honors
Membership Chair, Product Liability and Mass Tort Section of Nevada Bar
Member, Young Lawyers Section of Nevada Bar
First Place Winner, August A. Rendigs National Products Liability Moot Court Competition
Scribes Award Recipient, The American Society of Legal Writers
CALI Award for Excellence in Civil Discovery
Christina Trotz
Christina Trotz defends manufacturers in product liability and tort lawsuits around the country, advising and defending clients through the litigation process. She has successfully tried cases before juries in several jurisdictions in Colorado and has taken or defended over 200 depositions. An experienced and skilled oral advocate, Christina thrives when she is on the record. She has been involved in litigation arising from a variety of products, including automobiles, pharmaceuticals, and medical devices.
Practice Areas
Consumer and Industrial Products
Mass and Toxic Torts
Medical Devices & Pharmaceuticals
Commercial Litigation
Discovery
Automobiles
Education
University of Denver, Sturm College of Law (J.D., 2012)
University of Denver, Daniels College of Business (M.B.A., 2009)
University of Denver, Daniels College of Business (B.S.B.A., 2008)
Court/Bar Admissions
Supreme Court of Colorado
Supreme Court of California
United States District Court, District of Colorado
Legal Memberships/Honors
Colorado Defense Lawyers Association
Super Lawyers, Rising Star (2019, 2020)
Star of the Quarter, American Bar Association, Young Lawyer’s Division (Fall Conference 2014, Mid-Year Conference 2016)
Outstanding Service to the Civil Pro Bono Panel, United States District Court for the District of Colorado (2015)