Taylor v. Solvay Case File.

Colorado District Court, Case No. 1:01-cv-02076-LTB-PAC District Judge Lewis T. Babcock, presiding

On October 19, 2001, Mark Taylor filed a lawsuit against Solvay Pharmaceuticals, the makers of Luvox. Mark claimed the Luvox Harris was taking contributed to the Columbine shooting. The case was dismissed and settled for $10,000 on February 6, 2003.

Mark donated the money to breast cancer research because his grandmother died of breast cancer and he didn't want to keep the money.

Embed from Getty Images

Controversies

Mark Taylor's first attorney, the late John DeCamp, pressured him to settle his case, so Mark fired DeCamp and hired another attorney, who also pressured Mark to settle. Mark then hired a third attorney and when entering negotiations, Mark claims Solvay's attorneys threatened him with a lawsuit and said he would end up in jail if he didn't settle.

Mark's mother, Donna Taylor, was not allowed in the courtroom with him and there was a gag order placed on the trial, which is allegedly permanent, according to sources who spoke with some of the attorneys who related they were still under a gag order roughly ten years after the case settled.

Harris and Klebold depositions

The Harris' depositions were taken during this case and were originally ordered to be destroyed. The National Archives and Records Administration (NARA) stepped in as an amicus asserting that the Federal Records Act prohibited the destruction of the depositions. The Klebolds objected to archiving their depositions and wanted them to be disposed of instead, while the Harris' preferred their depositions remain under seal permanently. If the court ordered the depositions to be made public, the Klebolds wanted theirs heavily redacted and did not oppose the disposition of their depositions. In the end, the depositions were transferred to NARA under a 25-year seal set to expire in 2027.

This contradicts what Sue Klebold wrote in her book.

From A Mother's Reckoning by Sue Klebold:
I am not allowed to talk about what happened during the depositions, except to say it was terribly painful and (I believe) unsatisfying for everyone involved.

The sealed transcripts of the proceedings gave the impression we were hiding something - again. I wanted to share the transcripts with the public. Why not? I was tired of fielding the implication I had something to hide when I spent my days hunting for answers. And, unlike the Basement Tapes, there was no danger of contagion from releasing them.

Unfortunately, it wasn't my decision. The judge decided to seal the depositions for twenty years.

The Colorado Attorney General requested that Dr. Delbert S. Elliott, a "youth violence expert," be permitted to review the depositions in order to use them in a study, which Mark Taylor supported, but this request was not granted.

The depositions of Wayne and Kathy Harris were taken in Taylor; the depositions of Wayne and Kathy Harris and Tom and Sue Klebold were taken in Rohrbough. Because Rohrbough settled shortly after the depositions were taken, the depositions were never signed. None of the depositions were used in conjunction with any motion filed with the district court.

Note: The entire docket is not available yet. This is only a small portion of the case file. View available motions below.

View/Download Taylor v. Solvay Appeal Docket
Download Taylor v. Solvay Docket

TAYLOR V. SOLVAY PHARMACEUTICALS
Docket Item Document Links
430 Coordinated Case Minute Entry
Filed: 1/26/2007, Entered: 1/26/2007

Minute Entry for proceedings held before Judge Lewis T. Babcock : Status Conference held 1/26/07. Written order will enter regarding return of Wheeler Trigg attorney work product and its destruction. Deadline for certification from Wheeler Trigg is 2/16/07. Counsel to submit position statements 2 weeks from today (Court Reporter Gwen Daniel.) (gms, )
Page 01, Page 02
431
Mail returned
Filed: 2/6/2007, Entered: 2/6/2007

Mail Returned as Undeliverable re: [430] Minute Entry for proceedings Addressed to Ronald V. Miller. (dln, )
Page 01
432
Statement
Filed: 2/7/2007, Entered: 2/7/2007

STATEMENT Position Statement of Wayne N. Harris and Katherine Ann Harris Concerning Disposition of Remaining Materials in the "Evidence Room" by Intervenor Parties Wayne N. Harris, Katherine Ann Harris. (Montgomery, C.)
Page 01, Page 02, Page 03, Page 04
433 Statement
Filed: 2/8/2007, Entered: 2/8/2007

STATEMENT Position Paper of Colorado Attorney General John Suthers Concerning Disposition of the Depositions in the Evidence Room by Amicus Colorado Attorney General. (Attachments: # (1) Affidavit Affidavit of Del Elliott# (2) Exhibit Biographical Sketch of Del Elliot)(Allen, William)
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11

Attachment 1: Page 01, Page 02, Page 03, Page 04, Page 05, Page 06

Attachment 2: Page 01, Page 02, Page 03, Page 04, Page 05
434
Statement
Filed: 2/9/2007, Entered: 2/9/2007

STATEMENT re [432] Statement, [433] Statement, Position Statement of Plaintiff Mark Allen Taylor Concerning Disposition of Remaining Materials in the "Evidence Room" by Plaintiff Mark Allen Taylor. (Jones, A.)
Page 01, Page 02, Page 03, Page 04, Page 05
435
Statement Filed: 2/9/2007, Entered: 2/9/2007

STATEMENT Concerning Disposition of Remaining Materials in the "Evidence Room" by Interested Parties Susan Klebold, Thomas Klebold. (Patterson, Franklin)
Page 01, Page 02, Page 03, Page 04, Page 05
436
Statement
Filed: 2/9/2007, Entered: 2/9/2007

STATEMENT re [430] Coordinated Case Minute Entry, by Amicus National Archives and Records Administration. (Attachments: # (1) Proposed Order (PDF Only))(Traskos, Kevin)
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08
437
Affidavit
Filed: 2/16/2007, Entered: 2/16/2007

AFFIDAVIT of Andrew H. Myers, Esquire by Defendant Solvay Pharmaceuticals, Inc.. (Attachments: # (1) Exhibit A to Affidavit of Andrew H. Myers, Esquire# (2) Exhibit B to Affidavit of Andrew H. Myers, Esquire)(Myers, Andrew)
Page 01, Page 02, Page 03, Page 04, Page 05
438
Order
Filed: 2/28/2007, Entered: 2/28/2007

Notice (ORDER) The parties are notified that the Court will undertake to read and review in camera the depositions and deposition exhibits in question. The depositions will be obtained with the assistance of the Special Master and held in secure fashion during the period of in camera review. Signed by Judge Lewis T. Babcock on 2/28/07. (gms, )
Page 01, Page 02
439
Reply
Filed: 3/6/2007, Entered: 3/6/2007

REPLY TO POSITION STATEMENT OF THE JEFFERSON COUNTY SHERIFF AND JEFFERSON COUNTY SHERIFF'S OFFICE CONCERNING DISPOSITION OF REMAINING MATERIALS IN THE "EVIDENCE ROOM" by Amicus Colorado Attorney General. (Attachments: # (1) Exhibit 1)(Allen, William)
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08
440
Mail returned
Filed: 3/12/2007, Entered: 3/12/2007

Mail Returned as Undeliverable re: [438] Order, Addressed to Ronald V. Miller, Esq.. (dln, )
Page 01
441
Order
Filed: 4/2/2007, Entered: 4/3/2007

Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12
442
Notice of appeal

Filed: 5/2/2007, Entered: 5/2/2007, Terminated: 2/6/2009 NOTICE OF APPEAL as to [441] Order, by Plaintiff Mark Taylor (Jones, A.) Modified on 5/8/2007 to correct filer to be Mark Taylor (gms, ).
Page 01, Page 02, Page 03
443
Letter re Appeal
Filed: 5/3/2007, Entered: 5/3/2007

LETTER re Appeal to all counsel advising of the transmittal of the [442] Notice of Appeal filed by Mark Allen Taylor to the U.S. Court of Appeals. (Retained counsel; Fees not paid) (Attachments: # (1) Notice of Appeal# (2) Docket Sheet)(bjr2, )
Page 01, Page 02, Page 03
444
USCA Case Number
Filed: 5/7/2007, Entered: 5/8/2007

USCA Case Number 07-1202 for [442] Notice of Appeal filed by Mark Taylor. Filing fee to be paid within 30 days. (gms, ) Modified on 5/8/2007 to correct that the appeal was filed by Mark Taylor (gms, ).
Page 01, Page 02
445
Docket Annotation
Filed: 5/8/2007, Entered: 5/8/2007

Docket Annotation re: [442] Notice of Appeal, [444] USCA Case Number. These docket entries were modified to reflect that the appeal was filed by Mark Taylor, not Donna Taylor. Text only entry - no document attached. (gms, )
Unavailable
446
Mail returned
Filed: 5/14/2007, Entered: 5/14/2007

Mail Returned as Undeliverable re: [443] Letter re Appeal, addressed to Ronald V. Miller. (mrs, )
Page 01
447
Transcript Order Form
Filed: 5/18/2007, Entered: 5/18/2007

TRANSCRIPT ORDER FORM re [442] Notice of Appeal by Plaintiff Mark Allen Taylor (Jones, A.)
Page 01
448
Motion to withdraw as attorney
Filed: 6/1/2007, Entered: 6/1/2007, Terminated: 6/4/2007

MOTION to Withdraw as Attorney Ericka F. Houck Englert by Defendant Solvay Pharmaceuticals, Inc.. (Attachments: # (1) Proposed Order (PDF Only))(Englert, Ericka)
Page 01, Page 02
449
Appeal Fees
Filed: 6/1/2007, Entered: 6/4/2007 USCA

USCA Appeal Fees (USCA Case No. 07-1202); received $ 455 receipt number 1747 re [442] Notice of Appeal filed by Mark Allen Taylor, Donna Taylor (bjr2, )
Page 01
450
Letter re: Record Complete.
Filed: 6/4/2007, Entered: 6/4/2007

LETTER TO USCA and all counsel certifying the record is complete as to [442] Notice of Appeal filed by Mark Allen Taylor, ( Appeal No. 07-1202) (bjr2, )
Page 01
451
Order on Motion to withdraw as attorney
Filed: 6/4/2007, Entered: 6/5/2007

ORDER granting [448] Motion to Withdraw as Attorney. Attorney Ericka Houck Englert terminated as counsel for Defendant-Appellee and Counterclaim Defendant Solvay Pharmaceuticals, Inc. Signed by Judge Lewis T. Babcock on 6/4/07.(mrs, )
Page 01
452
Mail returned
Filed: 6/12/2007, Entered: 6/12/2007

Mail Returned as Undeliverable re: [451] Order on Motion to Withdraw as Attorney, [450] Letter re Record Complete Addressed to Ronald V. Miller. (mrs, )
Page 01
453
Letter re: Record Complete.
Filed: 6/15/2007, Entered: 6/15/2007

LETTER TO USCA and all counsel certifying the record is complete as to [442] Notice of Appeal filed by Mark Allen Taylor, Donna Taylor. ( Appeal No. 07-1202) (bjr2, )
Page 01
454
Letter re Appeal
Filed: 6/20/2007, Entered: 6/20/2007

LETTER to USCA as to [442] Notice of Appeal; This appeal was certified as complete on June 4, 2007. The letter certifying the record as complete sent out on June 15, 2007 was issued in error. (USCA case no. 07-1202) (bjr2, )
Page 01
455
Mail returned
Filed: 6/27/2007, Entered: 6/28/2007

Mail Returned as Undeliverable re: [454] Letter re Appeal Addressed to Ronald Miller. (bjr2, )
Page 01, Page 02
456
Motion to withdraw as attorney
Filed: 7/9/2007, Entered: 7/9/2007, Terminated: 12/5/2007

MOTION to Withdraw as Attorney Michael J. Gates by Intervenor Parties Wayne N. Harris, Katherine Ann Harris. (Attachments: # (1) Proposed Order (PDF Only) Order Granting Motion to Withdraw of Michael J. Gates)(Gates, Michael)
Page 01, Page 02
457
Order on Motion to withdraw as attorney
Filed: 12/5/2007, Entered: 12/5/2007

MINUTE ORDER GRANTING [456] Motion to Withdraw as Attorney. Attorney Michael J. Gates terminated as counsel for Wayne and Kathleen Harris, by Judge Lewis T. Babcock on 12/5/07.(mrs, )
Page 01
458
Mail returned
Filed: 12/12/2007, Entered: 12/13/2007

Mail Returned as Undeliverable re: [457] Order on Motion to Withdraw as Attorney Addressed to Ronald V. Miller. (gms, )
Page 01
459
Order
Filed: 11/12/2008, Entered: 11/17/2008

ORDER Court authorizes exhibits under seal, now in physical custody of Federal Records Center, to be accessed by the Clerk and the Court's Information Technology Director to inspect and determine number of records and tapes subject to possible deterioration. Such recordings and tapes may be removed for purposes of preservation. Security of exhibits to be maintained during preservation process and original exhibits are to be returned, along with the preserved copies to the Federal Records Center to the sealed files. Signed by Judge Lewis T. Babcock on 11/12/08. (gmssl, )
Page 01, Page 02
460
USCA Order/Opinion/Judgment
Filed: 12/15/2008, Entered: 12/16/2008

USCA Opinion and Judgment as to [442] Notice of Appeal filed by Mark Allen Taylor, Donna Taylor : Judgment of the district court is affirmed. (USCA Case No. 07-1202 and (07-1186)) (This document is not the Mandate) (Attachments: # (1) USCA Judgment, # (2) Letter)(bjrsl, )
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14, Page 15, Page 16, Page 17, Page 18, Page 19, Page 20, Page 21, Page 22, Page 23, Page 24, Page 25, Page 26, Page 27, Page 28, Page 29, Page 20, Page 31, Page 32, Page 33, Page 34, Page 35, Page 36, Page 37, Page 38, Page 39, Page 40

Attachment 1: Page 01, Page 02

Attachment 2: Page 01
461
USCA Mandate
Filed: 2/6/2009, Entered: 2/6/2009

MANDATE of USCA as to [442] Notice of Appeal filed by Mark Allen Taylor, Donna Taylor, [460] USCA Order/Opinion/Judgment: Affirmed. (USCA Case No. 07-1202) (bjrsl, )
Page 01, Page 02
462
Order
Filed: 3/20/2009, Entered: 3/20/2009

ORDER re: [459] Order, Court authorizes preservation of certain exhibits to be conducted by the U.S. Secret Service in its Denver, Colorado field office, with complete oversight by the Court's Information Technology Director. She shall maintain at all times the security of the exhibits. Staff of U.S. Secret Service shall not maintain, either personally nor in the eqipment, copies or recordings related to the preserved exhibit records. All original exhibits and all copies of the preserved media are to be returned to the sealed files maintained by the Federal Records Center, by Judge Lewis T. Babcock on 3/20/09. (gmssl, )
Page 01, Page 02
463
Mail returned
Filed: 4/10/2009, Entered: 4/10/2009

Mail Returned as Undeliverable re: [462] Order,, Addressed to Joel A. Kolodny. (sah, )
Page 01