Mercer v. Peterson et al
Plaintiff: Robert James Mercer
Defendant: Robert (I) Peterson, Robert Peterson, Michael (I) Moore, Michael Moore, William Frangis, Elbert County Sheriff's Department and County of Elbert, Colorado, The
Case Number: 1:2009cv00654
Filed: March 24, 2009
Court: US District Court for the District of Colorado
Office: Civil Rights: Other Office
County: Douglas
Presiding Judge: Wiley Y. Daniel
Presiding Judge: Kathleen M. Tafoya
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Civil Rights Act

Available Case Documents

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Date Filed Document Text
April 5, 2012 Opinion or Order Filing 135 ORDER DISMISSING CASE With Prejudice. ORDERED that the final trial preparation conference set for Monday, April 9, 2012 and the four-day jury trial set to commence on Monday, April 30, 2012 are vacated by Chief Judge Wiley Y. Daniel on 04/05/12. (jjhsl, )
June 30, 2011 Opinion or Order Filing 123 ORDER Affirming and Adopting Recommendation of United States Magistrate Judge. ORDERED that the Recommendation of the United States Magistrate Judge Tafoya 107 is AFFIRMED AND ADOPTED. ORDERED that Defendants Motion for Summary Judgment 83 is GR ANTED in part and DENIED in part. The motion is DENIED with respect to Plaintiffs First Claim for Relief for excessive force against Defendants Peterson and Moore. It is GRANTED in all other respects as to all other claims and defenses, and Defendants Frangis and Elbert County are DISMISSED WITH PREJUDICE. ORDERED that the caption of this case shall be amended to delete Defendant Elbert County Sheriffs Office because no surviving claims exist by Chief Judge Wiley Y. Daniel on 06/30/11.(jjh, )
May 11, 2011 Opinion or Order Filing 120 ORDER. The court hereby reconsiders and reverses its previous ruling on 04/06/11. Defendants request for sanctions pursuant to Fed. R. Civ. P. 37(a)(5) contained in Defendants Response to Plaintiffs Motion to Compel Discovery 104 is DENIED by Magistrate Judge Kathleen M. Tafoya on 05/11/11. (jjh, )
April 6, 2011 Opinion or Order Filing 108 Minute Entry for Final Pretrial Conference held on 4/6/2011 before Magistrate Judge Kathleen M. Tafoya, denying 100 Motion to Compel in its entirety for reasons stated on the record as to each individual request. The Court awards attorney's f ees and costs in favor of the Defendants. Defense counsel will file supporting documentation on fees and costs by April 15, 2011. Plaintiff may respond to the accouting by April 25, 2011. On or before May 6, 2011, parties will exchange exhibits an d file with the Court Supplemental Exhibit Lists using Chief Judge Daniel's exhibit form and indicate any exhibits where either foundation or admissibility has been stipulated. As to plaintiff's witnesses currently listed as numbers 11, 13 , 15, and 16 in the proposed Final Pretrial Order, the Plaintiff will file a Supplement to Plaintiff's Witness List and Final Pretrial Order by providing specific names of witnesses on or before April 20, 2011. (Court Reporter: FTR - Nick Richards) (kmtcd)
January 19, 2011 Opinion or Order Filing 101 MINUTE ORDER denying 97 Plaintiffs Motion to Strike Defendants Reply to Response to Motion for Summary Judgment. by Magistrate Judge Kathleen M. Tafoya on 1/19/2011.(erv, )
January 10, 2011 Opinion or Order Filing 93 Minute Entry for Motion Hearing held on 1/10/2011 before Magistrate Judge Kathleen M. Tafoya, granting 79 Motion to Compel and granting 80 Motion for Extension of Time. Costs are awarded in favor of Defendant and against Plaintiff in the amount of $1,000.00. The depositions of Dr. Vanderleest and Dr. Orahood will be conducted by the Defendant on or before February 10, 2011, and Plaintiff wil cooperate fully in scheduling the depositions during this time period. Final Pretrial Conference set for 2/8/11 9:45 AM is VACATED and reset for 4/6/2011 11:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. For further information, see attached minutes.(Court Reporter: FTR - Nick Richards)(kmtcd)
September 24, 2010 Opinion or Order Filing 71 ORDER denying 67 Motion for Reconsideration re 66 Show Cause Hearing, by Magistrate Judge Kathleen M. Tafoya on 9/24/2010.(erv, )
July 13, 2010 Opinion or Order Filing 63 Minute Entry for Motion Hearing held on 7/13/2010 before Magistrate Judge Kathleen M. Tafoya. 51 Motion to Compel is GRANTED to the extent that it seeks to compel discovery; the remainder of the motion is TAKEN UNDER ADVISEMENT. Show Cause Hearing set for 7/29/2010 at 9:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. ( FTR - Nel Steffens) (rebcd)
May 26, 2010 Opinion or Order Filing 54 THIRD ORDER Setting Settlement Conference set for 9/2/2010 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 5/26/2010. (erv, )
April 22, 2010 Opinion or Order Filing 49 SECOND ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 8/12/2010 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya by Magistrate Judge Kathleen M. Tafoya on 4/22/2010. (kmtcd, )
December 10, 2009 Opinion or Order Filing 37 ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 3/12/2010 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya by Magistrate Judge Kathleen M. Tafoya on 12/10/09. (kmtcd)
October 20, 2009 Opinion or Order Filing 32 ORDER RESETTING RULE 16(b) SCHEDULING CONFERENCE AND RULE 26(f) PLANNING MEETING: Scheduling Conference set for 12/10/2009 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya by Magistrate Judge Kathleen M. Tafoya on 10/20/09. (kmtcd)
August 21, 2009 Opinion or Order Filing 19 ORDER The court shall hold a Fed. R. Civ. P. 16(b) scheduling and planning conference on October 21, 2009, at 9:30 a.m. (Mountain Time). by Magistrate Judge Kathleen M. Tafoya on 8/21/09. (erv, )
June 10, 2009 Opinion or Order Filing 5 SECOND AMENDED ORDER Scheduling Conference Reset for 7/23/2009 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 6/10/09. (erv, )
June 8, 2009 Opinion or Order Filing 4 AMENDED ORDER re: 3 Order. Scheduling Conference set for 7/23/2009 10:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 6/8/09. (ebs, )
April 3, 2009 Opinion or Order Filing 3 ORDER Scheduling Conference set for 6/18/2009 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 4/3/09. (erv, )
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Plaintiff: Robert James Mercer
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Defendant: Robert (I) Peterson
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Defendant: Robert Peterson
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Defendant: Michael (I) Moore
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Defendant: Michael Moore
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Defendant: William Frangis
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Defendant: Elbert County Sheriff's Department
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Defendant: County of Elbert, Colorado, The
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