Traynom et al v. Cinemark, USA, Inc.
Plaintiff: Denise N. Traynom and Brandon K. Axelrod
Defendant: Cinemark, USA, Inc.
Case Number: 1:2012cv02514
Filed: September 21, 2012
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: R. Brooke Jackson
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 15, 2014 Opinion or Order Filing 245 ORDER denying 108 Motion for Summary Judgment by Judge R. Brooke Jackson on 8/15/14.(jdyne)
July 29, 2014 Opinion or Order Filing 242 ORDER: Granting the Motion filed in 14-cv-01986-RBJ-MEH and ORDERS that this case be consolidated. By Judge R. Brooke Jackson on 7/29/2014. (trlee, )
July 10, 2014 Opinion or Order Filing 239 MINUTE ORDER granting 236 Motion to Withdraw. Plaintiff Moser's Motion for Leave to Conduct Additional Discovery 213 is withdrawn by Magistrate Judge Michael E. Hegarty on 07/10/14.(jhawk, )
July 7, 2014 Opinion or Order Filing 232 MINUTE ORDER granting 230 Unopposed Motion to Amend Complaint, by Magistrate Judge Michael E. Hegarty on 7/7/2014.(trlee, )
June 9, 2014 Opinion or Order Filing 228 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 6/9/2014, holding in abeyance 213 Plaintiff Ashley Moser's Motion for Leave to Conduct Additional Discovery. Motion Hearing reset for 7/10/2014 at 9:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: C. Pearson -- Courtroom A-501. (cpear)
April 29, 2014 Opinion or Order Filing 215 MINUTE ORDER granting 212 Plaintiffs Ian Sullivan and Ashley Moser's Partially Unopposed Motion for Leave to File a Second Amended Complaint Adding Cinemark Holdings, Inc. and Cinemark USA, Inc. as Defendants. These Plaintiffs shall file the S econd Amended Complaint (attached to the motion and labeled as "Exhibit 1"), without the label, on or before 5/1/2014. Defendants shall file an answer or other response to the Second Amended Complaint in accordance with Fed. R. Civ. P. 15. By Magistrate Judge Michael E. Hegarty on 4/29/2014. (cpear)
March 28, 2014 Opinion or Order Filing 176 ORDER granting 153 Plaintiffs' Partially Opposed Motion to Add Defendants. Plaintiffs shall file amended pleadings identifying the new defendants on or before 4/4/2014. The newly added defendants shall file an answer or other response to the amended pleadings in accordance with Fed. R. Civ. P. 15. By Magistrate Judge Michael E. Hegarty on 3/28/2014. (cpear)
February 13, 2014 Opinion or Order Filing 151 MINUTE ORDER granting 148 Plaintiffs Rosborough, Lumba, Briscoe, Boik, Duran, Hoover, Clark, Faris and Hill's Unopposed Motion to Amend Complaint and Jury Demand. The Clerk of the Court is directed to file the [148-1] Second Amended Complaint and add Clark, Faris, and Hill as Plaintiffs in this case. By Magistrate Judge Michael E. Hegarty on 2/13/2014. (mehcd)
January 15, 2014 Opinion or Order Filing 143 MINUTE ORDER denying as moot 141 Emergency Motion to Stay. by Magistrate Judge Michael E. Hegarty on 1/15/2014.(trlee, )
December 17, 2013 Opinion or Order Filing 135 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing and Status Conference held on 12/17/2013, granting in part and denying in part 112 Plaintiffs' Combined Motion for Additional Time t o Respond to Motion for Summary Judgment, and denying without prejudice 121 Defendants' Motion to Coordinate Depositions. Plaintiffs' response to the Motion for Summary Judgment due by 2/14/2014. FTR: C. Pearson -- Courtroom A-501. (mehcd)
November 22, 2013 Opinion or Order Filing 118 MINUTE ORDER granting 114 Motion to Intervene in Plaintiff Ian SullivansWrongful-Death Claim. The Clerk of the Court is directed to file the Amended Complaint, located at docket #114-1 by Magistrate Judge Michael E. Hegarty on 11/22/13.(jjhsl, )
November 4, 2013 Opinion or Order Filing 109 COURTROOM MINUTES for Status Conference held on 11/4/2013 before Magistrate Judge Michael E. Hegarty. ORDERED: Plaintiff's Motion for Modification of Combined Scheduling Order 103 is GRANTED IN PART. Plaintiffs are allowed 3 additional inte rrogatories and 1 additional Rule 30(b)(6) deposition, as stated on record. The discovery deadlines are extended as follows: Initial Expert Disclosures: March 21, 2014. Rebuttal Expert Disclosures: April 21, 2014. Discovery deadline: May 27, 2014. FTR: S. Grimm. (sgrim)
October 23, 2013 Opinion or Order Filing 106 MINUTE ORDER denying without prejudice 102 Plaintiff Ashley Moser's Unopposed Motion to Intervene in Plaintiff Ian Sullivan's Wrongful-Death Claim, by Magistrate Judge Michael E. Hegarty on 10/23/2013. (mehcd)
October 3, 2013 Opinion or Order Filing 95 ORDER Granting Plaintiffs' Motion to Consolidate Case No. 13-cv-002239-RBJ-MEH, Kathleen and Scott Larimer. All motions, notices and other filings related to the consolidated action (13-cv-002239-RBJ-MEH) shall be filed in the lowest-number ed case, 1:12-cv-02514-RBJ-MEH. Orders issued therein shall constitute the law of the case, applicable to all of the related cased consolidated through his order. Also, will equally to Plaintiffs Larimer. By Judge R. Brooke Jackson on 10/03/13. (alvsl)
October 2, 2013 Opinion or Order Filing 94 ORDER Granting Defendants' Motion to Consolidate 13-cv-01995-RBJ-MEH, Ashley Moser, into Lead Case. All motions, notices, and other filings related to the consolidated action shall be filed in the lowest-numbered case, Traynom, 1:12-cv-02514 . Orders issued therein shall constitute the law of the case, applicable to all of the related cases consolidated through this order. Also, orders issued in Traynom, 1:12-cv-02514, prior to the date of this Order will apply equally to Plaintiff Moser. By Judge R. Brooke Jackson on 10/02/13. (alvsl)
October 1, 2013 Opinion or Order Filing 93 ORDER Granting Defendant's Unopposed Motion to Consolidate Case No. 13-cv-02060-RBJ-MEH, Jarell N. Brooks into Lead Case, 12-cv-02514-RBJ-MEH. By Judge R. Brooke Jackson on 10/01/13. (alvsl)
September 19, 2013 Opinion or Order Filing 91 MINUTE ORDER granting 89 The Parties' Stipulated Motion for a Protective Order, by Magistrate Judge Michael E. Hegarty on 9/19/2013. (mehcd)
September 18, 2013 Opinion or Order Filing 92 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 9/18/2013. (mehcd)
July 17, 2013 Opinion or Order Filing 87 ORDER Granting Plaintiff's Unopposed Motion to Consolidate 13-cv-01842-RBJ-MEH. Consolidated Plaintiff Zachary Golditch added. All motions, notices, and other filings related to the consolidated action shall be filed in the lowest-numbered c ase, Traynom, 1:12-cv-02514-RBJ-MEH. Orders issued therein shall constitute the law of the case, applicable to all of the related cases consolidated through this order. Also, orders issued in Traynom, 1:12-cv-02514-RBJ-MEH, prior to the date of this Order will apply equally to Plaintiff Golditch. By Judge R. Brooke Jackson on 07/17/13. (alvsl)
June 12, 2013 Opinion or Order Filing 78 ORDER. Defendant has failed to meet its burden of demonstrating good cause to permit the requested sequencing of discovery in this case but has established good cause to separate liability discovery from damages discovery. Accordingly, the Court ORDERS that Defendant's Motion for Protective Order (to Sequence Discovery) (filed May 7, 2013; docket # 51 ) is granted in part and denied in part as set forth herein. By Magistrate Judge Michael E. Hegarty on 06/12/13. (alvsl)
June 10, 2013 Opinion or Order Filing 77 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Motion Hearing held on 6/10/2013, taking under advisement 51 Cinemark's Motion for Protective Order [to Sequence Discovery]. FTR: C. Pearson -- Courtroom A-501. (mehcd)
June 3, 2013 Opinion or Order Filing 75 MINUTE ORDER: Plaintiffs Spruels' and Gravelly's Unopposed Motion for Leave to Appear at Hearing... by Telephone (filed May 31, 2013; docket # 73 ) is granted. Plaintiffs' counsel, Nathan Davidovich, shall appear at the June 10, 2013 hearing by calling my Chambers at (303) 844-4507 at the appointed time. By Magistrate Judge Michael E. Hegarty on 06/03/13. (alvsl)
April 17, 2013 Opinion or Order Filing 49 ORDER re 15 Motion to Dismiss for Failure to State a Claim; 41 Report and Recommendations; 48 Motion to Consolidate Cases: 1. The recommendation of the magistrate judge as to the seven cases as to which the recommendation was directed, fo r example docket # 41 in case 12cv2514, is ACCEPTED after de novo review, except as to the wrongful death claims in certain of the cases. 2. Defendants' motions to dismiss in each of the ten cases, for example docket # 15 in case 12cv2514, are GRANTED IN PART AND DENIED IN PART. The negligence claims are dismissed with prejudice. The Premises Liability Act claims are not dismissed. To the extent wrongful death claims are derivative of liability under the Premises Liability Act, they are not dismissed. 3. Cinemark's unopposed motions to consolidate the ten listed cases for purposes of discovery and motion practice consistent with the terms of this Court's scheduling order issued on November 26, 2012, for example docket # 48 in case 12cv2514, are GRANTED. By Judge R. Brooke Jackson on 04/17/13. (alvsl)
December 14, 2012 Opinion or Order Filing 37 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 12/14/2012, taking under advisement 15 Defendant's Motion to Dismiss for Failure to State a Claim. FTR: C. Coomes -- Courtroom A-501. (mehcd)
December 4, 2012 Opinion or Order Filing 35 MINUTE ORDER granting 33 Defendant's unopposed Request [Motion] for Oral Argument on the Motion to Dismiss the Amended Complaint. Motion Hearing set for 12/14/2012 at 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 12/4/2012. (mehcd)
November 27, 2012 Opinion or Order Filing 28 ORDER Setting Trial and Final Pretrial/Trial Preparation Conference re: 27 Minute Entry for Scheduling Conference. During the Final Pretrial/Trial Preparation Conference the parties should be prepared to address: jury instructions, jury sele ction, witnesses and evidence, anticipated evidentiary issues, stipulations as to fact, and any other issue affecting the duration or course of the trial. Proposed jury instructions should be emailed to Jackson_chambers@cod.uscourts.gov at least 48 hours in advance of the Trial Preparation Conference. For additional information, please review my practice standards located at www.cod.uscourts.gov/Judges/Judges.aspx. By Judge R. Brooke Jackson on 11/27/12. (alvsl)
September 25, 2012 Opinion or Order Filing 7 ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. By Judge R. Brooke Jackson on 09/25/2012. (rbjsec. )
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Plaintiff: Denise N. Traynom
Represented By: William Lawrence Keating
Represented By: Michael O'Brien Keating
Represented By: Christina M. Habas
Represented By: Deirdre Elizabeth Ostrowski
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Plaintiff: Brandon K. Axelrod
Represented By: Christina M. Habas
Represented By: Michael O'Brien Keating
Represented By: William Lawrence Keating
Represented By: Deirdre Elizabeth Ostrowski
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Defendant: Cinemark, USA, Inc.
Represented By: Kevin Scott Taylor
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