Carbajal et al v. Morrissey et al
| Victoria Carbajal, Dean Carbajal and Luis Leal |
| Mitchell R. Morrissey, Mitchell (I) R. Morrissey, Jeffrey Watts, Jeffrey (I) Watts, Robert Fuller, Robert (I) Fuller, Rebekah Melnick, Rebekah (I) Melnick, Lara Mullin, Lara (I) Mullin, Miles Flesche, Miles (I) Flesche, Keith Criswell, Keith (I) Criswell, Anne Mansfield, Anne (I) Mansfield, Keefer, (I) Keefer, Michael Simpson, Michael (I) Simpson, Jay Lopez, Jay (I) Lopez, Richard Hagan, Richard (I) Hagan, Carol Dwyer, Carol (I) Dwyer, Wells Fargo, Brian Berardini, John Suthers and John (I) Suthers |
| 1:2012cv03231 |
| December 11, 2012 |
| US District Court for the District of Colorado |
| Denver Office |
| Montrose |
| Robert E. Blackburn |
| Kristen L. Mix |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
449
ORDER by Chief Judge Philip A. Brimmer on 1/5/2022, re: 436 plaintiffs' Motion for Reconsideration Under Fed. R. Civ. P. 59 is DENIED; 437 plaintiffs Motion for Leave to File an Amended Complaint IS DENIED. (sphil, )
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Filing
432
ORDER by Chief Judge Philip A. Brimmer on 9/22/2021, re: 420 Defendant's MOTION to Dismiss Plaintiff's Fourth Amended Complaint is GRANTED. ORDERED that judgment shall enter for defendant and against plaintiffs on all claims. ORDERED that, within 14 days of the entry of judgment, defendant may have her costs by filing a bill of costs with the Clerk of the Court. ORDERED that this case is closed. (sphil, )
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Filing
360
ORDER denying 359 Second Motion for Transcripts of the February 23, 2018 Evidentiary Hearing by Judge Philip A. Brimmer on 10/22/18. (dkals, )
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Filing
342
MINUTE ORDER by Judge Philip A. Brimmer on 04/18/2018, re: 334 Motion for Change of Judge Based on the Recent Discovery of Judge Philip Brimmer's Extrajudicial Bias is DENIED. (sphil, )
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Filing
315
ORDER denying 303 Motion for a Progression Order by Judge Philip A. Brimmer on 11/27/2017. (sphil, )
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Filing
305
ORDER granted in part and denied in part 293 Deputy Keefer's Motion for Summary Judgment by Judge Philip A. Brimmer on 09/27/2017. An evidentiary hearing will be set. (sphil, )
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Filing
284
ORDER by Magistrate Judge Kristen L. Mix on 4/27/16. Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(c) for Failure to Exhaust Administrative Remedies # 256 is DENIED without prejudice. IT IS FURTHER ORDERED that the discovery deadline is extended to July 27, 2016, for the sole purpose of conducting discovery related to the issue of exhaustion. (lgale, )
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Filing
248
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/28/15. Amended Motion for Leave to Have a Legal Box for Each of Plaintiff's Cases That He Is Presently Litigating Pro is DENIED as moot.(lgale, )
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Filing
245
ORDER by Magistrate Judge Kristen L. Mix on 2/26/15. Motion for Leave to Have a Legal Box for Each of the Plaintiff's Cases That Are Presently being Litigated [#243]is DENIED without prejudice.(lgale, )
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Filing
238
TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 1/15/2016. Final Pretrial Conference and Trial Preparation Conference are set 1/22/2016 10:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. Five (5) day Jury Trial set 2/1/2016 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 10/29/14. (rebsec)
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Filing
232
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/17/14. Motion to Terminate ECF Notifications to Counsel for Former Defendant Michael Carrigan 230 is GRANTED. (lgale, )
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Filing
229
MINUTE ORDER granting 227 Motion to Terminate United States District Court ECF Notifications. The Clerk of Court is directed to terminate ECF notifications to counsel in this matter for former Defendants Anne Mansfield, Miles Flesche, Keith Criswell, Michael Martinez, and John Suthers. B y Magistrate Judge Kristen L. Mix on 10/8/2014. (alowe)
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Filing
226
ORDER: The court SHALL CONDUCT a telephonic setting conference on Tuesday, 10/28/2014 at 10:30 AM before Judge Robert E. Blackburn to set this matter for combined Final Pretrial Conference and Trial Preparation Conference and trial. By Judge Robert E. Blackburn on 10/6/2014. (alowe)
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Filing
225
ORDER granting 223 Motion for Leave to Take Prisoner Deposition. By Magistrate Judge Kristen L. Mix on 7/2/2014.(klyon, )
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Filing
222
ORDER denying Plaintiff's 219 Motion for Leave to Appeal. By Judge Robert E. Blackburn on 6/24/2014.(klyon, )
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Filing
208
ORDER Overruling Plaintiff's 207 Contemporaneous Objection to the Trial Court's Order Denying Counsel [# 200 ]. By Judge Robert E. Blackburn on 4/24/2014. (klyon, )
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Filing
198
ORDER Overruling Objections to and Adopting 185 Recommendation of United States Magistrate Judge. The following motions are GRANTED: The State Defendants' Motion To Dismiss Plaintiffs' Third Amended Complaint [# 101 ];Defendant Berardini& #039;s Motion To Dismiss Third Amended Complaint [# 103 ];Motion To Dismiss Third Amended Complaint from Defendants Mitchell R. Morrissey, Jeffrey Watts, Robert Fuller[,] Rebekah Melnick, and Lara Mullin [# 105 ]; Ms. Williams' Motion To Dismiss Third Amended Complaint [# 114 ]; andMotion by Defendants Wells Fargo Bank, N.A., Carol Dwyer, and Janell Kavanaugh To Dismiss Plaintiffs' Third Amended Complaint Pursuant to Rule 12(b)(6) [# 119 ]. The Denver Defendants' Motion To Dismiss Plaintiff's Third AmendedComplaint [# 123 ] is GRANTED IN PART and DENIED IN PART. Plaintiffs, Victoria Carbajal and Luis Leal, are DROPPED as named parties to this action, and the case caption AMENDED accordingly. All defendants, other than Andrew Keefer, Deputy Sheriff for the Denver Sheriff's Department, in his individual capacity, are DROPPED as named parties to this action, and the case caption AMENDED accordingly. By Judge Robert E. Blackburn on 3/31/2014.(klyon, )
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Filing
184
MINUTE ORDER denying 182 Motion to Strike Plaintiffs' Response [Doc. #143] to His Motion to Dismiss Plaintiffs' Third Amended Complaint [Doc. #103]. By Magistrate Judge Kristen L. Mix on 2/18/2014.(klyon, )
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Filing
180
MINUTE ORDER denying 165 Motion for Leave to File a Sureply [sic] to the Denver Defendants' Motions to Dismiss. By Magistrate Judge Kristen L. Mix on 2/11/2014.(klyon, )
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Filing
178
ORDER. ORDERED that the Motion [#135] is GRANTED in part and DENIED without prejudice in part. The Clerk of Court is instructed to terminate Mr. Hader as counsel of record for Brandon Keefer only. ORDERED that the Clerk of the Court shall terminate Brandon Keefer in both his official and individual capacities from this lawsuit by Magistrate Judge Kristen L. Mix on 01/15/14.(jjhsl, )
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Filing
177
ORDER Denying Motion to Reconsider. ORDERED that Plaintiffs Contemporaneous Objection to the Court's Order Overruling Plaintiffs Objection to Magistrate Judge Kristen Mix's November 13, 2013 Order [#176], filed January 8, 2014, construed as a motion to reconsider, is DENIED by Judge Robert E. Blackburn on 01/13/14. (jjhsl, )
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Filing
162
ORDER granting 158 Motion to Strike. Plaintiffs' Response [# 145 ] is STRICKEN. By Magistrate Judge Kristen L. Mix on 11/13/2013.(klyon, )
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Filing
141
MINUTE ORDER granting 139 Motion to Clarify. IT IS FURTHER ORDERED that, on or before October 18, 2013, Plaintiffs shall file a Response to the following Motion to Dismiss: #123. Considering the age of this Motion to Dismiss, no further extensions of time will be granted absent a showing of exceptional cause. Failure to file a Response will result in a Recommendation that Plaintiffs case be dismissed as to those Defendants seeking full dismissal in this Motion to Dismiss [#123], based on Plaintiffs failure to prosecute. by Magistrate Judge Kristen L. Mix on 10/3/2013.(trlee, )
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Filing
109
MINUTE ORDER. Plaintiff's 92 Motion for Leave to File Third Amended Complaint Pursuant to the Court's Order [DOC #89] is denied as moot. The 106 Motion to Extend Time to Answer or Otherwise Plead is granted. Defendants Keefer, Simpson, Lopez, and Hagan shall file an answer or other response to 90 Plaintiff's Third Amended Complaint on or before 7/8/2013. By Magistrate Judge Kristen L. Mix on 6/21/13.(mnfsl, )
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Filing
94
ORDER Adopting Recommendation of United States Magistrate Judge. Recommendation of United States Magistrate Judge 38 , is APPROVED and ADOPTED. The objections stated in Plaintiffs Contemporaneous Objection to Magistrate Mix's Recommendation 38 87 , are OVERRULED. Plaintiffs' Petition for Federal Injunction Pursuant to Fed. R. Civ. P.65 4 , is DENIED by Judge Robert E. Blackburn on 06/04/13.(jjhsl, )
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Filing
89
ORDER granting 86 Motion to Strike Plaintiff's 85 Second Amended Complaint. Plaintiff's Second Amended Complaint [# 85 ] is STRICKEN. Plaintiff shall file a Third Amended Complaint on or before 5/24/2013. By Magistrate Judge Kristen L. Mix on 4/23/2013.(klyon, )
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Filing
84
MINUTE ORDER granting 81 Motion to Amend. Plaintiffs' Second Amended Complaint [# 81 -1] is accepted for filing as of the date of this Minute Order. Defendants who have already been served and entered their appearances in this case shall answe r or otherwise respond to Plaintiffs' Second Amended Complaint [#81-1] on or before 5/7/2013. Plaintiffs shall serve any unserved Defendant(whether previously identified in the Amended Complaint or newly identified in the Second Amended Complain t) on or before 6/17/2013. The Motions [# 34 , # 41 , # 43 , # 50 , # 60 ], all of which are directed at or related to a pleading that is no longer operative, are DENIED as moot. The Motion for Leave [# 40 ] is GRANTED in part and DENIED AS MOOT in part. The Motion for Extension [# 45 ] is GRANTED in part, DENIED as moot in part, and DENIED without prejudice in part. By Magistrate Judge Kristen L. Mix on 4/17/2013.(klyon, )
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Filing
80
MINUTE ORDER granting 75 Motion to Extend. Gilbert Hagan, Gilbert (I) Hagan, Keefer,(I) Keefer, Jay (I) Lopez, Jay Lopez, Michael Simpson and Michael (I) Simpson answer due 5/13/2013. Also granting 78 Motion to Clarify. Defendant City and County of Denver need not file a Reply to Plaintiff's Response untilafter resolution of the underlying Motion for Leave [# 40 ]. By Magistrate Judge Kristen L. Mix on 4/12/2013. (klyon, )
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Filing
65
MINUTE ORDER; 57 Motion to Amend Complaint is DENIED without prejudice. 63 Motion to Vacate Scheduling Conference and Stay All Proceedings is GRANTED in part and DENIED without prejudice in part. The Scheduling Conference set for 4/11/13 at 11:00 AM is VACATED and shall be reset if necessary after resolution of the pending dispositive motions, by Magistrate Judge Kristen L. Mix on 3/21/2013.(klmcd, )
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Filing
32
MINUTE ORDER. The Motion to Amend 30 is GRANTED. Plaintiff's First Amended Complaint [#30-1] is accepted for filing as of the date of this Minute Order. Defendants who have already been served and entered their appearances in this case shall answer or otherwise respond to Plaintiffs' Amended Complaint [#30-1] on or before 3/14/2013. Defendants' Motions to Dismiss 18 , 20 , 24 are DENIED as moot. by Magistrate Judge Kristen L. Mix on 2/21/13. (kfinn, )
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