A trial in a defamation lawsuit stemming from the 2021 Boulder City Council election has been delayed until Oct. 27, in part due to disputes over the discovery process. The five-day trial was previously scheduled to begin this week.
The case was filed by Steve Rosenblum, a former city council candidate, who alleged members of the Boulder Progressives conspired to spread defamatory statements about him. The allegations focus on a Twitter account created in Rosenblum’s name that linked to a blog called Safer Leaks, which temporarily included statements falsely attributed to him.
The lawsuit was on hold for about two years after the defendants appealed under Colorado’s anti-SLAPP statute, which is designed to dismiss lawsuits intended to suppress free speech. In August 2023, the Colorado Court of Appeals issued a split decision, dismissing claims against all defendants except local political organizer Eric Budd. The Colorado Supreme Court later declined to hear Budd’s appeal, allowing the remaining claims to proceed.
The trial was postponed after Budd’s lawyer sought to secure an expert witness on social media and digital marketing. The defense also requested more time to address Rosenblum’s estimated $56 million in alleged damages, which Budd’s attorney argued lacked documentation, according to court records. The lawyer also claimed Rosenblum refused to answer questions during a deposition and has failed to produce certain documents.
Rosenblum’s attorney has countered that the damages figure reflects lost income and professional opportunities resulting from reputational harm based on an expert report, and said Rosenblum has complied with the discovery process. His counsel also argued the discovery dispute stemmed from Budd’s “new legal strategy” and “lack of diligence.”
The judge ultimately decided to reschedule the trial for October. For more on the court battle, see our previous reporting.