From the 6th amendment to the US constitution:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed..."
I don't know that the D&SRR and/or its parent company have been accused of a crime, or if it is only a civil case.
If it is a criminal case I would argue that the case should be dismissed because the right to a speedy trail has not been granted.
This also supports the the defendant's request to have the trail in Durango rather than Denver.