Colorado Department of Public Health & Environment v. Caulk

Opinion by

Judge VOGT.

Defendant, Daniel E. Caulk, appeals the trial court’s order denying his motion to set aside the default judgment entered in favor of plaintiff, the Colorado Department of Public Health and Environment (CDPHE), Radiation Control Division and Hazardous Materials and Waste Management Division. We affirm in part, reverse in part, and remand with directions.

Defendant was the president of Ramp Industries, Inc. (Ramp), a company formerly in the business of recycling radioactive materials and hazardous waste. In November 1993, plaintiff filed a complaint for injunctive relief and…