Fortner et al v. USA et al
Case Number: 1:2006cv02148
Filed: October 26, 2006
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Lewis T. Babcock
Presiding Judge: Boyd N. Boland
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
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
March 12, 2015 Opinion or Order Filing 611 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 3/12/15 re: Motion for the Return of Plaintiff's Exhibits 610 . The Motion is DENIED IN PART and GRANTED IN PART. The Motion is GRANTED as to Plaintiffs' request regarding the audio tape. (bsimm, )
November 18, 2013 Opinion or Order Filing 603 ORDER denying 602 Plaintiffs' Motion Regarding Custody of Exhibits. The Clerk of the Court is directed to scan into the Electronic Case File all exhibits from the hearing held April 15, 2013. By Magistrate Judge Boyd N. Boland on 11/18/13.(mnfsl, )
October 25, 2013 Opinion or Order Filing 601 ORDER Regarding Custody of Exhibits by Magistrate Judge Boyd N. Boland on 10/25/13. (bnbcd, )
August 21, 2013 Opinion or Order Filing 588 FINAL JUDGMENT by Clerk in favor of Darrel Pearson, Darrel (I) Pearson, James E. McGannon, James (I) E. McGannon, Kathryn Young, Kathryn (I) Young against Darrell Fortner, Jenniffer Fortner re: 585 Findings of Fact & Conclusions of Law. By Clerk on 8/21/13. (mnfsl, )
August 20, 2013 Opinion or Order Filing 586 ORDER granting 544 Motion for Enforcement of Contingent Fee Agreement forAttorney Fees. Judgment shall enter in favor of Erhard Fitzsimmons, PC, and against Darrell and Jennifer Fortner in the amount of $3,300.00. by Magistrate Judge Boyd N. Boland on 8/20/13.(bnbcd, )
June 4, 2013 Opinion or Order Filing 574 ORDER: The Motion re Attorneys Fees 568 is STRICKEN; The Motion to Vacate Trial 569 is DENIED; The Motion to Reinstate Colorado Springs as Defendant 570 is DENIED; and The Motion to Strike Exhibits 571 is DENIED. by Magistrate Judge Boyd N. Boland on 6/3/13.(bnbcd, )
April 15, 2013 Opinion or Order Filing 565 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 4/15/2013. 544 Motion For Enforcement of Contingent Fee Agreement For AttorneyFees is TAKEN UNDER ADVISEMENT, written order to issue. FTR: BNB Courtroom A401. (bnbcd, )
April 10, 2013 Opinion or Order Filing 563 ORDER denying 561 Plaintiffs' Motion in Limine. No additional pretrial motions are permitted without leave of court. By Magistrate Judge Boyd N. Boland on 4/10/13.(mnfsl, )
March 20, 2013 Opinion or Order Filing 560 ORDER striking 559 Motion for Reconsideration by Magistrate Judge Boyd N. Boland on 03/20/13.(nmmsl, )
March 18, 2013 Opinion or Order Filing 555 ORDER: 545 Show Cause Order is DISCHARGED. Plaintiffs have until 4/1/13 to file a motion in limine, Defendants have until 4/8/13 to respond. by Magistrate Judge Boyd N. Boland on 3/18/13. (bnbcd, )
March 14, 2013 Opinion or Order Filing 548 ORDER: Trial to the court is set for 5 days commencing on 6/10/13 at 8:30 a.m., final trial preparation conference set 6/3/13 at 10:00 a.m., Courtroom A401 before Magistrate Judge Boyd N. Boland. Plaintiffs granted leave to file one motion in limine by 3/25/13, response due 4/1/13. Defendants to deliver trial exhibits by 3/18/13. by Magistrate Judge Boyd N. Boland on 3/14/13. (bnbcd, )
January 9, 2013 Opinion or Order Filing 539 MINUTE ORDER: 527 Defendants' Motion to Quash Subpoena and 528 Motion to Quash Subpoena are both DENIED AS MOOT. by Magistrate Judge Boyd N. Boland on 1/9/13.(bnbcd, )
January 7, 2013 Opinion or Order Filing 532 Stipulation and ORDER Regarding Custody of Exhibits. Counsel (pro se parties) to retain custody of their exhibits as indicated. by Magistrate Judge Boyd N. Boland on 1/7/13. (bnbcd, )
December 17, 2012 Opinion or Order Filing 521 ORDER: 515 MOTION for Extension of Time to file is STRICKEN, 516 Unopposed MOTION to Withdraw As Attorney of Record is GRANTED, 518 MOTION to Enforce Settlement is set for hearing on 1/7/13 at 9:00 a.m. in Courtroom A401 Magistrat e Judge Boyd N. Boland, reply may be submitted on or before 12/24/12. Exhibits to be introduced at the hearing are to be hand delivered to the Court on or before 1/3/13 at 5:00 p.m.. Trial set for 1/7/13 is VACATED. by Magistrate Judge Boyd N. Boland on 12/17/12. (bnbcd, )
October 15, 2012 Opinion or Order Filing 511 ORDER: 501 Motion for Withdrawal as Counsel is GRANTED. 506 Motion for Use of NCIC and CCIC Criminal Data as Trial Exhibits is DENIED WITHOUT PREJUDICE. by Magistrate Judge Boyd N. Boland on 10/15/12. (bnbcd, )
October 10, 2012 Opinion or Order Filing 507 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Final Pretrial Conference held on 10/10/2012.granting 501 Motion to Withdraw as Attorney. Attorney Kenneth Richard Hodges terminated; denying 506 Motion for Ruling. Eight day Bench Trial set for 1/7/2013 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Trial will not be held on 1/14/13 or 1/16/13. FTR: BNB Courtroom A401. (bnbcd, )
September 4, 2012 Opinion or Order Filing 498 ORDER: The parties proposed pretrial orders [Doc. 487, 489, and 494] are REJECTED; The parties objections to the proposed pretrial orders [Doc. 488 and 493] are DENIED AS MOOT; Defendants City of Colorado Springs, Shane White, and Lionel Rivera a re DISMISSED; The City Defendants motion to amend their Answer to assert a statute of limitation defense is DENIED. Surviving claims listed. Shane White (Asst. City Attorney for the City of Colorado Springs, CO, in his official capacity), Lionel R ivera (Mayor of The City of Colorado Springs, in his official capacity) and Lionel (I) Rivera (in his individual capacity) terminated. Final Pretrial Conference set for 10/10/2012 01:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, Proposed Pretrial Order due by 10/3/2012. by Magistrate Judge Boyd N. Boland on 9/4/12. by Magistrate Judge Boyd N. Boland on 9/4/12. (bnbcd, )
June 12, 2012 Opinion or Order Filing 486 ORDER denying 485 Motion for Reconsideration by Magistrate Judge Boyd N. Boland on 6/12/12.(bnbcd, )
June 11, 2012 Opinion or Order Filing 484 ORDER Proposed Pretrial Order due by 7/10/2012. Final Pretrial Conference set for 7/17/2012 08:30 AM before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 6/11/12. (bnbcd, )
May 30, 2012 Opinion or Order Filing 483 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. The plaintiffs' state law tort claims against defendants County of El Paso, Maketa, and Choate are dismissed based on sovereign immunity. The County of El Paso is dismissed as a defendant. By Magistrate Judge Boyd N. Boland on 5/30/12. (mnfsl, )
May 11, 2012 Opinion or Order Filing 482 ORDER denying 479 Motion for Ruling by Magistrate Judge Boyd N. Boland on 5/11/12.(cmacd )
May 2, 2012 Opinion or Order Filing 478 Stipulation and ORDER regarding custody of exhibits, by Magistrate Judge Boyd N. Boland on 5/2/12. (bnbcd, )
April 26, 2012 Opinion or Order Filing 474 ORDER. The 470 Order requiring the Marshal to serve the subpoena on Mr. Gorgey is vacated. Mr. Gorgey shall appear voluntarily at the hearing on 5/2/2012, either personally or by telephone and give testimony. By Magistrate Judge Boyd N. Boland on 4/26/12. (mnfsl, )
April 25, 2012 Opinion or Order Filing 471 ORDER. This matter arises from a 468 Letter which is construed as a motion to issue subpoenas. The 468 Motion is granted in part and denied in part. By Magistrate Judge Boyd N. Boland on 4/25/12. (mnfsl, )
March 21, 2012 Opinion or Order Filing 467 ORDER : denying 435 Motion to Exclude Witnesses; denying 436 Motion for Order; denying 450 Motion for Leave of Court to File and Serve Plaintiffs Reply to Doc.447; denying 462 Motion for Hearing/Conference; denying [#417] Plaintiffs Obje ction to County Defendant Expert Witness(es) and Object to Use of County Expert Witness(es) and Motion to Exclude County Defendants Expert Witness(es) and/or Strike County Defendants Expert Witness(es), by Magistrate Judge Boyd N. Boland on 3/21/12.(bnbcd, )
September 29, 2011 Opinion or Order Filing 460 MINUTE ORDER granting 458 Plaintiffs' Unopposed Second Motion to Vacate Settlement Conference. The Settlement Conference currently scheduled for 10/19/2011 is vacated, by Magistrate Judge Michael E. Hegarty on 09/29/2011.(wjc, )
May 26, 2011 Opinion or Order Filing 432 ORDER: Any future papers filed by the plaintiffs shall bear the correct caption. Failure to comply with this order may result in sanctions, including dismissal of this case, by Magistrate Judge Boyd N. Boland on 5/26/11. (bnbcd, )
April 25, 2011 Opinion or Order Filing 413 ORDER. Plaintiffs Motion to Exclude Witnesses and Motion to Exclude Shane White from Representing City Defendants 395 is DENIED without prejudice, and many be renewed, if necessary, at the start of trial.By Magistrate Judge Boyd N. Boland on 4/25/2011.(sah, )
April 12, 2011 Opinion or Order Filing 408 ORDER. Plaintiffs Motion to Dismiss Defendant Shane White in His Individual Capacity From this Action 405 is GRANTED. By Judge Lewis T. Babcock on 4/12/2011.(sah, )
February 24, 2011 Opinion or Order Filing 393 ORDER. Amended Motion to Withdraw as Attorney of Record, filed by Plaintiffs counsel of record Victoria Ringler on 2/16/2011 is GRANTED 389 . Motion for Substitution of Attorney filed by Plaintiffs Darrell Fortner & Jenniffer Fortner 391 is GRAN TED IN PART to the extent that Victoria Ringler isORDERED to mail to Plaintiffs, via United States Mail at her expense, the file related to this matter by the end of the day on 2/24/2011. The remainder of the relief requested is DENIED AS MOOT or for LACK OF JURISDICTION. By Judge Lewis T. Babcock on 2/24/2011.(sah, )
January 4, 2011 Opinion or Order Filing 387 ORDER. The 248 Recommendation of United States Magistrate Judge is ACCEPTED and, as a result, Plaintiffs' 228 Motion for Leave to File Fifth Amended Verified Complaint is DENIED. Plaintiffs' 285 Motion for Delay Prevention Order for P laintiffs to file Notice of Appeal is DENIED. The 306 Recommendation of United States Magistrate Judge is REJECTED and, as a result, the County Defendants' 241 Motion for Summary Judgment is DENIED. The 381 Recommendation of United States M agistrate Judge is ACCEPTED and, as a result, the County Defendants' 322 Supplemental Motion for Summary Judgment or Motion to Dismiss is DENIED. The City Defendants' 362 Motion to Deny Supplemental Jurisdiction is DENIED. Status and Scheduling Conference set for 2/1/2011 at 10:00 AM in Courtroom C401 before Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 1/4/11.(mnf, )
April 9, 2010 Opinion or Order Filing 382 ORDER. Plaintiffs [sic] in Pro Se Motion for this Court to Consider Plaintiffs Response 328 Filed 12-8-09 to County Defendants Supplemental Motion for Summary Judgment 322 371 ; and Plaintiffs [sic] Motion/Request for Extenison [sic] of Time to File Pleadings Which Was [sic] Due on March 22nd and March 23, 2010 by Attorney, Victoria Rangler 372 are STRICKEN. By Magistrate Judge Boyd N. Boland on 04/09/2010.(sah, )
April 8, 2010 Opinion or Order Filing 379 ORDER. The City Defendants Supplemental Motion for Summary Judgment 324 is STRICKEN. By Judge Lewis T. Babcock on 04/08/2010.(sah, )
January 25, 2010 Opinion or Order Filing 353 ORDER. The Recommendation of the Magistrate Judge 307 is correct.The City Defendants' Second Motion for Summary Judgment 281 is GRANTED IN PART AND DENIED IN PART. On or before 02/12/2010, the parties shall file simultaneous pleadings showing cause why this Court should assume supplemental jurisdiction over Plaintiffs remaining state law claims against the City Defendants. By Judge Lewis T. Babcock on 01/25/2010.(sah, )
December 21, 2009 Opinion or Order Filing 338 ORDER: denying 320 City and County Defendants Joint Motion RequestingLeave to File Supplemental Motions for Summary Judgment Out of Time, by Magistrate Judge Boyd N. Boland on 12/21/09.(bnbcd, )
October 26, 2009 Opinion or Order Filing 307 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. that the 281 City Defendants Second Motion for Summary Judgment be GRANTED IN PART and DENIED IN PART. By Magistrate Judge Boyd N. Boland on 10/26/2009. (sah, ) Modified on 10/30/2009 to correct the date filed (sah, ).
April 30, 2009 Opinion or Order Filing 298 MINUTE ORDER granting 296 Plaintiffs Motion to Amend Their Second Response to City Defendants Second Motion for Summary Judgment by Magistrate Judge Boyd N. Boland on 04/30/2009.(sah, )
April 8, 2009 Opinion or Order Filing 289 ORDER Denying Leave to Proceed In Forma Pauperis on Appeal re: 283 Notice of Appeal filed by Jenniffer Fortner, Darrell Fortner by Judge Lewis T. Babcock on 4/8/09. (gmssl, )
March 23, 2009 Opinion or Order Filing 280 ORDER. The recommendation 272 is correct. Defendant Peltons Partial Motion for Summary Judgment 220 is GRANTED and judgment shall enter in favor of Defendant Pelton on all of Plaintiffs claims against her by Judge Lewis T. Babcock on 03/23/2009.(sah, )
February 9, 2009 Opinion or Order Filing 272 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE: that 220 Defendant Peltons Partial Motion for Summary Judgment BE GRANTED and that judgment enter in favor of defendant Pelton on all of the plaintiffs claims against her by Magistrate Judge Boyd N. Boland on 02/09/2009. (sah, )
October 26, 2006 Opinion or Order Filing 1 ORDER Directing Clerk to Commence Civil Action and Directing Plaintiffs to Cure Deficiency. Plaintiffs have 30 days to either pay the $350.00 filing fee or to submit a Motion and Affidavit pursuant to 28 U.S.C. 1915. Plaintiffs have 30 days to file their Complaint on the court's current and proper form. Signed by Magistrate Judge Boyd N. Boland on 10/24/2006. (llr, )
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