Winder v. Montoya
Glenn Fisher, Josie Amaya, Carole Garrett, L.F., S.D., L.B., Kathy Roe, Brian Baetz, Roseanne Bernard, Baruch Bachofer, Cherry Fisher, T.J.B., Charles Reinhardt, Danny O. Daniels, Scott Winder, Michelle Davis, S.R.B., J.F., J.H., Donna Mills, Nikolas Winder, Danny Daniels, Sr., Robert Herdman, David Murray, Cesar Aceves, Rodel Miranda, Loretta Marsh, Richard Burns, Laura Bertrand, Noel Bertrand, Robert Garrett, A.D., Armando Gonzalez-Castillo, Ronald Murray, Jane Roe and William Hart |
Allison Boyd, Cheryl Davies, Sheila (I) Montoya, Nancy Johnson, Jessica Curtis, Barbara Mills, Amy Fitch, John Odenheimer, Andrea Bennett-Baily, Jeff Geist, Mary Baydarian, Angel Weant, Missy Gursky, Levi Bowland, John A. Suthers, Rick Raemisch, Sheila Montoya, Rae (I) Timme, Richard Bednarski, Valerie (I) Estrada, Erin Jemison, A. Mervyn Davies, Marcelo Kopcow, Tori(I) Kelly, Peggy Heil, Tom Leversee, John Davis, James Vining, DOES 1 through 20, Valerie Estrada, Doug Stephens, Tori Kelly, Dianna Lwyer-Brook, Jeff Jenks, Carl Blake, Glenn Niebling, Mimi Scheuermann, William Hildebrand, Timothy Griffith and Jessica Meza |
1:2013cv02513 |
September 15, 2013 |
U.S. District Court for the District of Colorado |
Denver Office |
Denver |
William J Martinez |
Kathleen M Tafoya |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on February 3, 2017. A more recent docket listing may be available from PACER.
Document Text |
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Filing 237 FINAL JUDGMENT. ORDERED: All claims brought by all Plaintiffs against all Defendants in Civil Action Nos. 13-cv-2513 and 13-cv-2860 are hereby dismissed. ORDERED: Civil Action Nos. 13-cv-2513 and 13-cv-2860 are terminated, with each party to pay his, her, or its own attorney's fees and costs, by Judge William J. Martinez on 2/3/2017. (dhans, ) |
Filing 236 NOTICE of Filing Joint Proposed Form of Judgment by Defendants Richard Bednarski, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, John Davis, Amy Fitch, Jeff Geist, Timothy Griffith, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Tori Kelly, Tori(I) Kelly, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Barbara Mills, Sheila (I) Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Rae (I) Timme, Angel Weant (Attachments: #1 Exhibit Proposed Final Order and Judgment)(Alber, Christopher) |
Filing 235 ORDER: This matter is before the Court sua sponte. The Court's order dismissing all claims between Winder and Montoya #234 disposes of the last remaining claims in this case. Thus, a judgment is required as to all claims not terminated by settlement, both in this action and in the since-consolidated companion action, No. 13-cv-2860. Given the multiplicity of parties and claims and the lengthy history of these proceedings, the parties are ORDERED to confer and submit a joint proposed form of judgment on or before February 2, 2017. If one form of judgment cannot properly cover this action and Civil Action No. 13-cv-2860, the parties shall submit a proposed form of judgment for each action. In addition to docketing the proposed form(s) of judgment on CM/ECF, the parties shall e-mail an editable version to martinez_chambers@cod.uscourts.gov. SO ORDERED by Judge William J. Martinez on 01/19/2017. Text Only Entry (wjmlc1) |
Filing 234 ORDER granting #233 Motion to Dismiss. Plaintiff Winder's claims against Defendant Montoya are hereby DISMISSED WITH PREJUDICE. Each party shall pay his or her own attorneys' fees and costs. ORDERED by Judge William J. Martinez on 01/19/2017. (cthom, ) |
Filing 233 NOTICE of Dismissal with Prejudice by Defendants Sheila Montoya, Sheila (I) Montoya (Allen, William) Modified to add motion event on 1/19/2017 (cthom, ). |
Filing 232 ORDER: This matter is before the Court on the Parties' Joint Motion for Extension of Time to Submit Dismissal Papers #231 . The Parties have requested an extension of time, to and including January 19, 2017, in which to file their final dismissal papers. The Motion is GRANTED for good cause shown. The Parties shall file their final dismissal papers on or before January 19, 2017. SO ORDERED by Judge William J. Martinez on 12/9/2016. Text Only Entry (wjmsec, ) |
Filing 231 Joint MOTION for Extension of Time to Submit Dismissal Papers by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 230 ORDER: This matter is before the Court on the Parties' Stipulated Notice of Settlement #229 . The 2-day Jury trial set to commence on November 7, 2016 is hereby VACATED. Final dismissal papers shall be filed on or before December 19, 2016. SO ORDERED by Judge William J. Martinez on 11/03/2016. Text Only Entry (wjmsec, ) |
Filing 229 NOTICE of Settlement by Defendants Sheila Montoya, Sheila (I) Montoya (Allen, William) |
Filing 228 Proposed Jury Instructions Stipulation of Facts by Defendant Sheila Montoya. (Alber, Christopher) |
Filing 227 Proposed Jury Instructions Regarding the Statement of the Case by Defendant Sheila Montoya. (Alber, Christopher) |
Filing 226 Witness List Amended by Defendant Sheila Montoya. (Alber, Christopher) |
Filing 225 COURTROOM MINUTES for Trial Preparation Conference held before Judge William J. Martinez on 10/20/2016. Court Reporter: Mary George. (ebuch) |
Filing 224 Witness List by Plaintiff Scott Winder. (Ruttenberg, Alison) |
Filing 223 OBJECTIONS to #216 Proposed Jury Instructions by Plaintiff Scott Winder. (Ruttenberg, Alison) |
Filing 222 Proposed Jury Instructions (Non Stipulated) by Plaintiff Scott Winder. (Ruttenberg, Alison) |
Filing 221 Proposed Voir Dire by Plaintiff Scott Winder. (Ruttenberg, Alison) |
Filing 220 Exhibit List by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 219 Witness List by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 218 Proposed Voir Dire by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 217 Proposed Verdict Form by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 216 Proposed Jury Instructions NON-Stipulated by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 215 Proposed Jury Instructions Stipulated by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 214 ORDER: This matter is before the Court sua sponte. Given that the only remaining parties in this action are Plaintiff Scott Winder and Defendant Sheila Montoya, the caption of this case is hereby AMENDED to "Scott Winder, Plaintiff v. Sheila Montoya, Defendant." The Clerk of Court and parties are DIRECTED to use this new caption on all future filings in this case, including on the parties' submissions in advance of the Final Trial Preparation Conference and Trial. SO ORDERED by Judge William J. Martinez on 10/13/2016. Text Only Entry (wjmlc1) |
Filing 213 ORDER: This matter is before the Court sua sponte. Due to a conflict in the Court's calendar the Final Trial Preparation Conference set for October 21, 2016 at 4:00 p.m. is hereby VACATED and RESET to October 20, 2016, at 2:00 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards to ensure compliance with all deadlines triggered by the dates of the Final Trial Preparation Conference. SO ORDERED by Judge William J. Martinez on 10/11/2016. Text Only Entry (wjmsec, ) |
Filing 212 ORDER: This matter is before the Court on the Parties' Joint Status Report #211 . The Parties have requested that the November 9, 2016 Trial to the Court be vacated. The Court hereby GRANTS the Parties' request. The 2-day Trial to the Court set for November 9, 2016 is hereby VACATED. With respect to the dispute between Plaintiff Scott Winder and Defendant Sheila Montoya, the Final Trial Preparation Conference will remain set for October 21, 2016, at 4:00 p.m., and the 2-Day Jury Trial will remain set for November 7, 2016. SO ORDERED Text Only Entry (wjmsec, ) |
Filing 211 Joint STATUS REPORT by Plaintiff Ronald Murray. (Ruttenberg, Alison) |
Filing 210 ORDER: Before the Court is its Order to Show Cause issued August 5, 2016 #206 , as well as Plaintiff Murrays response #208 , and Defendant Bowlands reply #209 . The reply suggests that recent changes to relevant regulations and circumstances have prompted discussions among the parties regarding whether they can stipulate to dismiss Plaintiff Murrays claim. To provide the parties time to engage in these discussions in good faith, the Court will temporarily reserve its decision on the Order to Show Cause. The parties are accordingly DIRECTED to file either (1) dismissal papers or (2) a joint status report regarding the possibility of dismissal, no later than September 30, 2016. If no dismissal has occurred by that date or appears likely in the near future, the Court will proceed to resolve the question of whether an injunction against a community parole officer could provide the remedy that Plaintiff Murray seeks. SO ORDERED by Judge William J. Martinez on 08/25/2016. Text Only Entry (wjmlc1) |
Filing 209 REPLY to #208 Response to Show Cause Order by Defendant Levi Bowland. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Alber, Christopher) |
Filing 208 RESPONSE to #206 Order on Motion for Summary Judgment,,,,,,, to Order to Show Cause by Plaintiff Ronald Murray. (Ruttenberg, Alison) |
Filing 206 ORDER denying #180 Motion for Summary Judgment. Per the parties stipulation, the following Plaintiffs are DISMISSED, and the Clerk shall TERMINATE them: Noel Bertrand, William Hart, Loretta Marsh, Donna Mills, Rodel Miranda, Armando Gonzalez-Castillo, Nikolas Winder, T.J.B., David Murray, Baruch Bachofer, S.R.B., Cesar Aceves, Josie Amaya, J.H., L.B., Brian Baetz, S.D., Robert Herdman, and A.D.; Per the parties stipulation, all claims against the following Defendants are DISMISSED, and the Clerk shall TERMINATE them: Rick Raemisch, Andrea Bennett-Baily, and Rae Timme; Plaintiff Ronald Murrays claims against the following defendants are DISMISSED for lack of Article III jurisdiction, and the Clerk shall TERMINATE them: Marcelo Kopcow, Erin Jemison, Mary Baydarian, Carl Blake, Allison Boyd,A. Mervyn Davies, Cheryl Davies, Jessica Curtis, Amy Fitch, Jeff Geist, MissyGursky, Peggy Heil, William Hildebrand, Nancy Johnson, Jeff Jenks, DiannaLwyer-Brook, Tom Leversee, Richard Bednarski, John Odenheimer, Jessica Meza, Angel Weant, Mimi Scheuermann, Doug Stephens; Plaintiff Ronald Murrays claims against John Does 120 are DISMISSED WITHOUT PREJUDICE for failure to serve process, and the Clerk shall TERMINATE them; All future pleadings shall be captioned as follows: Ronald Murray and Scott Winder, Plaintiffs, v. Levi Bowland and Sheila Montoya, Defendants. Plaintiff Ronald Murray is ORDERED TO SHOW CAUSE, on or before August 15, 2016, why his claims should not be dismissed on the basis that his alleged injury will not be redressed by a favorable decision by this Court on his claim against Bowland, thus depriving the Court of Article III jurisdiction. Defendants shall file a reply brief on or before August 22, 2016. ORDERED by Judge William J. Martinez on 08/05/2016.(cthom, ) |
Filing 205 ORDER denying #179 Motion for Summary Judgment. This matter REMAINS SET for a 2-day jury trial scheduled to begin on November 7, 2016, with a Final Trial Preparation Conference on October 21, 2016, at 4:00 p.m., in Courtroom A801. ORDERED by Judge William J. Martinez on 08/03/2016.(cthom, ) |
Filing 204 ORDER: A combined 4-Day Trial is hereby set to begin on November 7, 2016 at 8:30 a.m. in Courtroom A801. A 2-day Jury Trial on Plaintiff Winder's claims will be held on November 7 & 8, 2016, and a 2-Day Trial to the Court on Plaintiff Montoya's claims will be held on November 9 & 10, 2016. The Final Trial Preparation Conference for both Plaintiffs is set for October 21, 2016 at 4:00 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards to ensure compliance with all deadlines triggered by the dates of the Final Trial Preparation Conference and Trial. SO ORDERED by Judge William J. Martinez on 04/06/2016. Text Only Entry (wjmsec, ) |
Filing 203 FINAL PRETRIAL ORDER by Magistrate Judge Kathleen M. Tafoya on 4/4/16. (sgrim) |
Filing 202 COURTROOM MINUTES for Telephonic Final Pretrial Conference held on 4/4/2016 before Magistrate Judge Kathleen M. Tafoya. FTR: KMT C201. (sgrim) |
Filing 201 Proposed Pretrial Order by Plaintiff Scott Winder. (Ruttenberg, Alison) |
Filing 200 REPLY to Response to #179 MOTION for Summary Judgment filed by Defendant Sheila Montoya. (Allen, William) |
Filing 199 REPLY to Response to #180 MOTION for Summary Judgment filed by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Angel Weant. (Alber, Christopher) |
Filing 198 ORDER granting Defendant Montoya's Unopposed Motion to Modify Scheduling Order to Allow Additional Time to File Reply in Support of Motion for Summary Judgment #197 . Defendant Montoya's Motion is GRANTED for good cause shown. Defendant Montoya has up to and including February 22, 2016 to file a reply in support of her motion for summary judgment. SO ORDERED by Judge William J. Martinez on 02/08/2016. Text Only Entry(wjmsec, ) |
Filing 197 Unopposed MOTION for Extension of Time to File Response/Reply as to #179 MOTION for Summary Judgment by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Filing 196 ORDER denying #194 Defendant Montoya's Unopposed First Motion to Modify Scheduling Order to Allow Time to File Reply in Support of Motion for Summary Judgment. The Defendant's Motion is DENIED without prejudice to refiling given Defendant's counsel's failure to serve a copy of the Motion on their client, as required by D.C.COLO.LCivR 6.1(c). SO ORDERED by Judge William J. Martinez on 02/05/2016. Text Only Entry(wjmsec, ) |
Filing 195 MEMORANDUM regarding #194 Unopposed MOTION for Extension of Time to File Response/Reply as to #179 MOTION for Summary Judgment filed by Sheila Montoya, Sheila (I) Montoya. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 02/04/2016. Text Only Entry (wjmsec, ) |
Filing 194 Unopposed MOTION for Extension of Time to File Response/Reply as to #179 MOTION for Summary Judgment by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) |
Motion(s) No Longer Referred: #194 Unopposed MOTION for Extension of Time to File Response/Reply as to #179 MOTION for Summary Judgment by Judge William J. Martinez on 02/04/2016. Text Only Entry (wjmsec, ) |
Filing 193 RESPONSE to #180 MOTION for Summary Judgment filed by Plaintiff Ronald Murray. (Attachments: #1 Exhibit A Murray Declaration)(Ruttenberg, Alison) |
Filing 192 RESPONSE to #179 MOTION for Summary Judgment filed by Plaintiff Scott Winder. (Attachments: #1 Exhibit A JB v New Jersey)(Ruttenberg, Alison) |
Filing 191 MINUTE ORDER granting in part #189 Motion to Vacate the Pretrial Preparation Conference. The Telephonic Final Pretrial Conference set for 1/20/2016 is vacated and reset to 4/4/2016 at 9:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall file their proposed Final Pretrial Order no later than 3/28/2016. The parties shall initiate a conference call and then call chambers, 303-335-2780, at the scheduled time. By Magistrate Judge Kathleen M. Tafoya on 1/12/16. Text Only Entry(kmtlc1 ) |
Filing 190 MEMORANDUM regarding #189 Unopposed MOTION to Vacate January 20, 2016 PreTrial Conference filed by Scott Winder, Nikolas Winder. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 01/11/2016. Text Only Entry (wjmsec, ) |
Filing 189 Unopposed MOTION to Vacate January 20, 2016 PreTrial Conference by Plaintiffs Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 188 ORDER granting #187 Plaintiffs' Unopposed and Renewed Motion for Additional Extension of Time to Respond to Defendants' Motions for Summary Judgment. Plaintiffs are granted leave, for good cause shown, to file said Responses on or before January 25, 2016. NO FURTHER EXTENSION OF TIME TO FILE THE SUBJECT RESPONSE BRIEF WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 01/07/2016. Text Only Entry(wjmsec, ) |
Filing 187 Unopposed MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment , #179 MOTION for Summary Judgment by Plaintiffs Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 186 ORDER denying #184 Plaintiffs' Unopposed Motion for Additional Extension of Time to Respond to Defendants' Motions for Summary Judgment The Plaintiffs' Motion is DENIED without prejudice to refiling given Plaintiffs' counsel's failure to serve a copy of the Motion on her clients, as required by D.C.COLO.LCivR 6.1(c). SO ORDERED by Judge William J. Martinez on 01/06/2016. Text Only Entry(wjmsec, ) |
Motion(s) No Longer Referred: #184 Unopposed MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment , #179 MOTION for Summary Judgment by Judge William J. Martinez on 01/05/2016. Text Only Entry (wjmlc2, ) |
Filing 185 MEMORANDUM regarding #184 Unopposed MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment , #179 MOTION for Summary Judgment filed by Scott Winder. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 01/04/2016. Text Only Entry (wjmlc1, ) |
Filing 184 Unopposed MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment , #179 MOTION for Summary Judgment by Plaintiff Scott Winder. (Ruttenberg, Alison) |
Filing 183 MINUTE ORDER granting #181 Motion for Extension of Time to File Responses to Motions for Summary Judgment. Plaintiffs shall file their responses no later than January 4, 2016. By Magistrate Judge Kathleen M. Tafoya on 12/15/15. Text Only Entry(kmtlc1 ) |
Filing 182 MEMORANDUM regarding #181 Unopposed MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment , #179 MOTION for Summary Judgment filed by Scott Winder, Nikolas Winder. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 12/14/2015. Text Only Entry (wjmsec, ) |
Filing 181 Unopposed MOTION for Extension of Time to File Response/Reply as to #180 MOTION for Summary Judgment , #179 MOTION for Summary Judgment by Plaintiffs Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 180 MOTION for Summary Judgment by Defendants Mary Baydarian, Richard Bednarski, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Angel Weant. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4)(Alber, Christopher) |
Filing 179 MOTION for Summary Judgment by Defendant Sheila Montoya. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Allen, William) |
Filing 178 MINUTE ORDER granting #176 Motion to Modify Scheduling Order. The dispositive motions deadline is extended to 11/20/2015. The Final Pretrial Conference is reset for 1/20/2016 at 10:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall file their proposed Final Pretrial Order no later than 1/13/2016. The parties shall initiate a conference call and call chambers, 303-335-2780, at the scheduled time. By Magistrate Judge Kathleen M. Tafoya on 10/19/15. Text Only Entry(kmtlc1 ) |
Filing 177 MEMORANDUM regarding #176 Unopposed MOTION to Amend/Correct/Modify Scheduling Order filed by A. Mervyn Davies, John Odenheimer, Amy Fitch, Jessica Meza, Jeff Geist, Angel Weant, Richard Bednarski, William Hildebrand, Tom Leversee, Carl Blake, Mary Baydarian, Jessica Curtis, Peggy Heil, Doug Stephens, Rick Raemisch, Marcelo Kopcow, Erin Jemison, Levi Bowland, Jeff Jenks, Allison Boyd, Missy Gursky, Sheila Montoya, Mimi Scheuermann, Dianna Lwyer-Brook, Rae (I) Timme, Nancy Johnson, Cheryl Davies. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/16/2015. Text Only Entry (wjmsec, ) |
Filing 176 Unopposed MOTION to Amend/Correct/Modify Scheduling Order by Defendants Mary Baydarian, Richard Bednarski, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Rae (I) Timme, Angel Weant. (Alber, Christopher) |
Filing 175 MINUTE ORDER. Final Pretrial Conference is VACATED and RESET for 1/4/2016 09:30 AM before Magistrate Judge Kathleen M. Tafoya. The parties shall initiate a conference call and contact chambers at 303-335-2780 at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven days before the Final Pretrial Conference, by Magistrate Judge Kathleen M. Tafoya on 10/14/15. Text Only Entry (sgrim) |
Filing 174 MINUTE ORDER granting #172 Motion to Modify the Scheduling Order. The dispositive motions deadline is extended to 10/21/2015. Additionally, the Telephonic Final Pretrial Conference is reset for 1/5/2016 at 10:15 AM before Magistrate Judge Kathleen M. Tafoya. The parties shall file their proposed Final Pretrial Order no later than 12/29/2015. The parties shall initiate a conference call and then call chambers, 303-335-2780, at the scheduled time. By Magistrate Judge Kathleen M. Tafoya on 9/29/15. Text Only Entry(kmtlc1 ) |
Filing 173 MEMORANDUM regarding #172 Unopposed MOTION to Amend/Correct/Modify Scheduliing Order filed by Sheila Montoya, Sheila (I) Montoya. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 09/28/2015. Text Only Entry (wjmsec, ) |
Filing 172 Unopposed MOTION to Amend/Correct/Modify #144 Scheduliing Order by Defendants Sheila Montoya, Sheila (I) Montoya. (Allen, William) (Modified on 9/29/2015 edited the text to add #144 Link) (evana, ). |
Filing 171 MINUTE ORDER granting #169 Motion to Modify Scheduling Order. The dispositive motions deadline is extended to 9/30/2015. Additionally, the Telephonic Final Pretrial Conference is reset for 12/10/2015 at 9:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall initiate a conference call and then call chambers, 303-335-2780, at the scheduled time. The parties shall file their proposed Final Pretrial Order no later than 12/3/2015. By Magistrate Judge Kathleen M. Tafoya on 9/16/15. Text Only Entry(kmtlc1 ) |
Filing 170 MEMORANDUM regarding #169 Unopposed MOTION to Amend/Correct/Modify #144 Scheduling Order filed by Sheila Montoya. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 09/16/2015. Text Only Entry (wjmsec, ) |
Filing 169 Unopposed MOTION to Amend/Correct/Modify #144 Scheduling Order by Defendant Sheila Montoya. (Allen, William) |
Filing 168 MINUTE ORDER granting #166 Motion to Modify the Scheduling Order. The dispositive motions deadline is extended to 9/16/2015. By Magistrate Judge Kathleen M. Tafoya on 9/3/15. Text Only Entry(kmtlc1 ) |
Filing 167 MEMORANDUM regarding #166 Unopposed MOTION for Extension of Time to File Dispositive Motions filed by A. Mervyn Davies, John Odenheimer, Amy Fitch, Jessica Meza, Jeff Geist, Angel Weant, Richard Bednarski, William Hildebrand, Tom Leversee, Carl Blake, Mary Baydarian, Jessica Curtis, Peggy Heil, Doug Stephens, Rick Raemisch, Marcelo Kopcow, Erin Jemison, Levi Bowland, Jeff Jenks, Allison Boyd, Missy Gursky, Sheila Montoya, Mimi Scheuermann, Dianna Lwyer-Brook, Nancy Johnson, Cheryl Davies. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 09/03/2015. Text Only Entry (wjmsec, ) |
Filing 166 Unopposed MOTION for Extension of Time to File Dispositive Motions by Defendants Mary Baydarian, Richard Bednarski, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Angel Weant. (Alber, Christopher) |
Filing 165 MINUTE ORDER granting in part #163 Motion to Modify the Scheduling Order. The dispositive motions deadline is extended to September 8, 2015. The Final Pretrial Conference remains set on October 27, 2015. By Magistrate Judge Kathleen M. Tafoya on 8/21/15. Text Only Entry(kmtlc1 ) |
Filing 164 MEMORANDUM regarding #163 Unopposed MOTION for Extension of Time to File Dispositive Motions filed by A. Mervyn Davies, John Odenheimer, Amy Fitch, Jessica Meza, Jeff Geist, Angel Weant, Richard Bednarski, William Hildebrand, Tom Leversee, Carl Blake, Mary Baydarian, Jessica Curtis, Peggy Heil, Doug Stephens, Rick Raemisch, Marcelo Kopcow, Erin Jemison, Levi Bowland, Jeff Jenks, Allison Boyd, Missy Gursky, Sheila Montoya, Mimi Scheuermann, Dianna Lwyer-Brook, Nancy Johnson, Cheryl Davies. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 08/21/2015. Text Only Entry (wjmlc2, ) |
Filing 163 Unopposed MOTION for Extension of Time to File Dispositive Motions by Defendants Mary Baydarian, Richard Bednarski, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Angel Weant. (Alber, Christopher) |
Filing 162 COURTROOM MINUTES for Telephonic Informal Discovery Conference held on 8/14/2015 before Magistrate Judge Kathleen M. Tafoya.FTR: KMT C201. (sgrim) |
Filing 161 MINUTE ORDER granting #159 Motion to Modify the Scheduling Order. The discovery cutoff is extended to 8/14/2015, for the sole purpose of completing two depositions; the dispositive motions deadline is extended to 8/24/2015. The Telephonic Final Pretrial Conference is reset for 10/27/2015 at 10:45 AM. The parties shall initiate a conference call and then call chambers, 303-335-2780, at the scheduled time. The parties shall file their proposed Final Pretrial Order no later than 10/20/2015. By Magistrate Judge Kathleen M. Tafoya on 8/3/15. Text Only Entry(kmtlc1 ) |
Filing 160 MEMORANDUM regarding #159 Unopposed MOTION for Extension of Time to File Dispositive Motions filed by A. Mervyn Davies, John Odenheimer, Amy Fitch, Jessica Meza, Jeff Geist, Angel Weant, Richard Bednarski, William Hildebrand, Tom Leversee, Carl Blake, Mary Baydarian, Jessica Curtis, Peggy Heil, Doug Stephens, Rick Raemisch, Marcelo Kopcow, Erin Jemison, Levi Bowland, Jeff Jenks, Allison Boyd, Andrea Bennett-Baily, Missy Gursky, Sheila Montoya, Mimi Scheuermann, Dianna Lwyer-Brook, Rae (I) Timme, Nancy Johnson, Cheryl Davies. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 07/31/2015. Text Only Entry (wjmsec, ) |
Filing 159 Unopposed MOTION for Extension of Time to File Dispositive Motions by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Rae (I) Timme, Angel Weant. (Alber, Christopher) |
Filing 158 NOTICE of Substitution of Counsel by Defendant John Davis (Hamil, John) |
Filing 157 MINUTE ORDER granting #155 Motion to Modify Scheduling Order. The discovery cutoff is extended to 6/1/2015; the deadline for all expert witness depositions is extended to 7/1/2015; the dispositive motions deadline is extended to 8/3/2015. Additionally, the Telephonic Final Pretrial Conference is reset for 10/5/2015 at 9:30 AM before Magistrate Judge Kathleen M. Tafoya. The parties shall file their proposed Final Pretrial Order no later than 9/28/2015. By Magistrate Judge Kathleen M. Tafoya on 4/2/15. Text Only Entry(kmtlc1) |
Filing 156 MEMORANDUM regarding #155 Unopposed MOTION to Modify the Scheduling Order filed by A. Mervyn Davies, John Odenheimer, Amy Fitch, Jessica Meza, Jeff Geist, Angel Weant, Richard Bednarski, William Hildebrand, Tom Leversee, Carl Blake, Mary Baydarian, Jessica Curtis, Peggy Heil, Doug Stephens, Rick Raemisch, Marcelo Kopcow, Erin Jemison, Levi Bowland, Jeff Jenks, Allison Boyd, Andrea Bennett-Baily, Missy Gursky, Sheila Montoya, Mimi Scheuermann, Dianna Lwyer-Brook, Nancy Johnson, Cheryl Davies. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 04/01/2015. Text Only Entry (wjmsec, ) |
Filing 155 Unopposed MOTION to Modify the Scheduling Order by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Levi Bowland, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Angel Weant. (Alber, Christopher) Modified title on 4/1/2015 (alowe). |
Filing 154 AMENDED WAIVER OF SERVICE Returned Executed as to Levi Bowland. Waiver sent on 12/1/2014, answer due 1/30/2015. (alowe) |
Filing 153 WAIVER OF SERVICE Returned Executed as to Kristin Watt. (alowe) |
Filing 152 MINUTE ORDER granting #150 Plaintiffs Correcte[d] Copy: Unopposed Renewed Motion to Correct the Second Amended Complaint and Substitute the Name of Defendant. Levi Bowland shall be substituted in the caption and in the claim for injunctive relief for Defendant Barbara Mills, by Magistrate Judge Kathleen M. Tafoya on 10/14/2014.(evana, ) |
Filing 151 MEMORANDUM regarding #150 Unopposed MOTION to Substitute Party (Corrected Copy) Levi Bowland for Barbara Mills filed by Ronald Murray. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/14/2014. Text Only Entry (wjmsec, ) |
Filing 150 Unopposed MOTION to Substitute Party (Corrected Copy) Levi Bowland for Barbara Mills by Plaintiff Ronald Murray. (Ruttenberg, Alison) |
Filing 149 MEMORANDUM regarding #148 Unopposed MOTION to Substitute Party filed by Ronald Murray. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/14/2014. Text Only Entry (wjmsec, ) |
Filing 148 Unopposed MOTION to Substitute Party by Plaintiff Ronald Murray. (Ruttenberg, Alison) Modified on 10/14/2014 as counsel has refiled at #150 . (sgrim) |
Filing 147 MINUTE ORDER denying without prejudice #145 Motion to Substitute Party. Plaintiffs state they wish to substitute Levi Bowland as a defendant in this matter. They also state that Plaintiff Ronald Murray's parole office was Stacey Pray and not Donna Mills. However Donna Mills is a plaintiff in this matter. Plaintiff's motion is incomprehensible. By Magistrate Judge Kathleen M. Tafoya on 10/10/14. Text Only Entry(kmtlc1 ) |
Filing 146 MEMORANDUM regarding #145 Unopposed MOTION to Substitute Party filed by Ronald Murray. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/10/2014. Text Only Entry (wjmsec, ) |
Filing 145 Unopposed MOTION to Substitute Party by Plaintiff Ronald Murray. (Ruttenberg, Alison) |
Filing 144 SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 9/25/14. (sgrim) |
Filing 143 COURTROOM MINUTES for Scheduling Conference held on 9/25/2014 before Magistrate Judge Kathleen M. Tafoya. Discovery due by 4/30/2015. Dispositive Motions due by 5/30/2015. ORDERED: Plaintiffs' Unopposed Motion to Correct the Second Amended Complaint and Substitute Correct the Name of the Correct Defendant #140 is WITHDRAWN without prejudice. Parties shall file a substitute motion to amend, as discussed, on or before October 9, 2014. Telephonic Final Pretrial Conference is set for August 25, 2015 at 9:30 a.m. The parties shall initiate a conference call and contact chambers at 303-335-2780 at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven days before the Final Pretrial Conference. FTR: KMT C201. (sgrim) |
Filing 142 MINUTE ORDER: Defendants shall file a response to the #140 MOTION to Correct the Second Amended Complaint and Substitute the Name of the Correct Defendant on or before September 26, 2014, to advise if Defendants consent to the amendment pursuant to Fed. R. Civ. P. 15(a)(2). By Magistrate Judge Kathleen M. Tafoya on 9/24/14. Text Only Entry (kmtlc1 ) |
Filing 141 MEMORANDUM regarding #140 Unopposed MOTION to Amend/Correct/Modify #81 Amended Complaint,, Unopposed MOTION to Substitute Party filed by Ronald Murray. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 09/24/2014. Text Only Entry (wjmsec, ) |
Filing 140 WITHDRAWN - Unopposed MOTION to Amend/Correct/Modify #81 Amended Complaint,, , Unopposed MOTION to Substitute Party by Plaintiff Ronald Murray. (Ruttenberg, Alison) Modified on 9/26/2014 as document is withdrawn pursuant to #143 . (sgrim) |
Filing 139 Proposed Scheduling Order by Plaintiffs Baruch Bachofer, Brian Baetz, Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, Robert Herdman, J.F., J.H., L.B., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Ronald Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.D., S.R.B., T.J.B., Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 138 ANSWER to #81 Amended Complaint by Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Barbara Mills, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Rae (I) Timme, Angel Weant.(Alber, Christopher) Modified text on 4/1/2015 (alowe). |
Filing 137 MINUTE ORDER: The stay of this matter is lifted. A Scheduling Conference is set for 9/25/2014 at 10:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall file their proposed Scheduling Order on or before 9/18/2014. By Magistrate Judge Kathleen M. Tafoya on 9/4/14. Text Only Entry (kmtlc1 ) |
Filing 136 ORDER granting in part and denying in part #118 Defendants Motion to Dismiss; Plaintiffs claim for monetary damages against any Defendant in his or her official capacity is DISMISSED WITHOUT PREJUDICE; Plaintiffs Fourteenth Amendment claim related to placement on restricted privileges is DISMISSED WITH PREJUDICE; Plaintiffs claim for monetary damages arising out of Defendants policies restricting visitation with family members is DISMISSED WITH PREJUDICE; and This action remains pending as to the following claims: a. Plaintiffs Fourth Amendment claims, including the Winders claim for monetary damages; b. The Fifth Amendment claims seeking declaratory and injunctive relief and which are brought by those inmates whose direct appeals are pending; c. The First and Fourteenth Amendment claims alleging violation of Plaintiffs right to familial association to the extent to such claims seek declaratory relief, by Judge William J. Martinez on 9/4/2014.(evana, ) |
Filing 135 ORDER Defendant Dr. Glenn E. Nieblings Motion to Dismiss ECF No. #103 is GRANTED; Defendant James Vinings Motion to Dismiss ECF No. #112 is GRANTED; All claims against Dr. Glenn E. Niebling and James Vining are DISMISSED WITH PREJUDICE and they are TERMINATED as Party-Defendants to this action; and In all future filings, the parties shall AMEND the caption in this case to as to exclude Dr. Glenn E. Niebling and James Vining, by Judge William J. Martinez on 8/28/2014.(evana, ) |
Filing 134 ORDER: This matter is before the Court on Defendant Sheila Montoya's #52 Motion for Protective Order seeking to prevent Plaintiffs' counsel from attending Nikolas Winder's probation meetings. On March 2, 2014, Plaintiffs filed a notice indicating that Mr. Winder had been unconditionally released from probation. As there will be no further probation meetings for Mr. Winder, the Motion for a Protective Order is moot and is DENIED on that basis. SO ORDERED by Judge William J. Martinez on 5/5/2014. Text Only Entry(wjmlc1, ) |
Filing 133 REPLY to Response to #118 MOTION to Dismiss filed by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Tori(I) Kelly, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Barbara Mills, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Rae (I) Timme, Angel Weant. (Alber, Christopher) |
Filing 132 REPLY to Response to #103 MOTION to Dismiss filed by Defendant Glenn Niebling. (Dale, Gillian) |
Filing 131 REPLY to Response to #112 MOTION to Dismiss 42 U.S.C. 1983 Claim filed by Defendant James Vining. (Austin, Anthony) |
Filing 130 RESPONSE to #118 MOTION to Dismiss filed by Plaintiffs A.D., Cesar Aceves, Josie Amaya, Baruch Bachofer, Brian Baetz, Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, Robert Herdman, J.F., J.H., L.B., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Ronald Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.D., S.R.B., T.J.B., Nikolas Winder, Scott Winder. (Attachments: #1 Exhibit A Unpublished case, #2 Exhibit B Unpublished case)(Ruttenberg, Alison) |
Filing 129 RESPONSE to #103 MOTION to Dismiss , #112 MOTION to Dismiss 42 U.S.C. 1983 Claim filed by Plaintiff Richard Burns. (Ruttenberg, Alison) |
Filing 128 ORDER granting #119 Motion to Stay Discovery. All discovery in this matter is hereby STAYED. The Scheduling Conference set for April 1, 2014, is VACATED. The parties shall file a Joint Status Report within five days of a ruling on the motions to dismiss, if any portion of the case remains pending, to advise if the Scheduling Conference should be reset, by Magistrate Judge Kathleen M. Tafoya on 3/27/2014.(evana, ) |
Filing 127 RESPONSE to #119 MOTION to Stay Discovery filed by Plaintiffs A.D., Cesar Aceves, Josie Amaya, Baruch Bachofer, Brian Baetz, Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, Robert Herdman, J.F., J.H., L.B., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Ronald Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.D., S.R.B., T.J.B., Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 126 MINUTE ORDER granting #122 , and #123 Motions to Withdraw as Attorney. Attorney Sueanna Park Johnson and Kathryn Anne Teresa Starnella terminated, by Magistrate Judge Kathleen M. Tafoya on 3/24/2014.(evana, ) |
Filing 125 MEMORANDUM regarding #123 Unopposed MOTION to Withdraw as Attorney for Defendants Andrea Bennett-Bailey and Sheila Montoya filed by Sheila Montoya, Andrea Bennett-Baily, Sheila (I) Montoya. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 03/24/2014. Text Only Entry (wjmsec, ) |
Filing 124 MEMORANDUM regarding #122 Unopposed MOTION to Withdraw as Attorney for Defendants Andrea Bennett-Bailey and Sheila Montoya filed by Sheila Montoya, Andrea Bennett-Baily, Sheila (I) Montoya. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 03/24/2014. Text Only Entry (wjmsec, ) |
Filing 123 Unopposed MOTION to Withdraw as Attorney for Defendants Andrea Bennett-Bailey and Sheila Montoya by Defendants Andrea Bennett-Baily, Sheila Montoya, Sheila (I) Montoya. (Attachments: #1 Proposed Order (PDF Only) Motion to Withdraw as Counsel - Proposed Order)(Johnson, Sueanna) |
Filing 122 Unopposed MOTION to Withdraw as Attorney for Defendants Andrea Bennett-Bailey and Sheila Montoya by Defendants Andrea Bennett-Baily, Sheila Montoya, Sheila (I) Montoya. (Attachments: #1 Proposed Order (PDF Only) Motion to Withdraw as Counsel - Proposed Order)(Johnson, Sueanna) |
Filing 121 MINUTE ORDER: Plaintiffs shall file a response to #119 MOTION to Stay Discovery no later than March 26, 2014. By Magistrate Judge Kathleen M. Tafoya on 3/24/14. Text Only Entry (kmtlc1 ) |
Filing 120 MEMORANDUM regarding #119 MOTION to Stay Discovery filed by A. Mervyn Davies, John Odenheimer, Amy Fitch, Jessica Meza, Jeff Geist, Tori(I) Kelly, Angel Weant, Richard Bednarski, William Hildebrand, Tom Leversee, Carl Blake, Mary Baydarian, Jessica Curtis, Peggy Heil, Doug Stephens, Rick Raemisch, Marcelo Kopcow, Tori Kelly, Erin Jemison, Jeff Jenks, Allison Boyd, Andrea Bennett-Baily, Missy Gursky, Sheila Montoya, Mimi Scheuermann, Dianna Lwyer-Brook, Rae (I) Timme, Nancy Johnson, Cheryl Davies. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 03/24/2014. Text Only Entry (wjmsec, ) |
Filing 119 MOTION to Stay Discovery by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Tori Kelly, Tori(I) Kelly, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Rae (I) Timme, Angel Weant. (Attachments: #1 Proposed Order (PDF Only))(Alber, Christopher) |
Filing 118 MOTION to Dismiss by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Rae (I) Timme, Angel Weant. (Attachments: #1 Proposed Order (PDF Only))(Alber, Christopher) |
Filing 117 NOTICE of Entry of Appearance by William V. Allen on behalf of Andrea Bennett-Baily, Sheila Montoya, Sheila (I) MontoyaAttorney William V. Allen added to party Andrea Bennett-Baily(pty:dft), Attorney William V. Allen added to party Sheila Montoya(pty:dft), Attorney William V. Allen added to party Sheila (I) Montoya(pty:dft) (Allen, William) |
Filing 116 RESPONSE to #113 Unopposed MOTION for Extension of Time to File Response/Reply as to #103 MOTION to Dismiss filed by Defendant Glenn Niebling. (Dale, Gillian) |
Filing 115 RESPONSE to #113 Unopposed MOTION for Extension of Time to File Response/Reply as to #103 MOTION to Dismiss filed by Defendant James Vining. (Austin, Anthony) |
Filing 114 ORDER granting #113 Plaintiffs' Unopposed Motion For Extension of Time to Respond to Motion to Dismiss #103 . Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs' deadline to file his Response to Defendant Glenn Niebling's Motion to Dismiss #103 is extended up to and including April 3, 2014. SO ORDERED by Judge William J. Martinez on 03/12/2014. Text Only Entry(wjmsec, ) |
Filing 113 Unopposed MOTION for Extension of Time to File Response/Reply as to #103 MOTION to Dismiss by Plaintiff Richard Burns. (Ruttenberg, Alison) |
Filing 112 MOTION to Dismiss 42 U.S.C. 1983 Claim by Defendant James Vining. (Attachments: #1 Proposed Order (PDF Only))(Austin, Anthony) |
Filing 111 NOTICE of Entry of Appearance by Anthony Alfonso Austin on behalf of James ViningAttorney Anthony Alfonso Austin added to party James Vining(pty:dft) (Austin, Anthony) |
Filing 110 ORDER granting #108 Plaintiffs Unopposed Motion to Withdraw Certain Claims and Dismiss Certain Defendants; Plaintiff Nikolas Winders Motion for Preliminary Injunction is DENIED AS MOOT 13-cv-2860-WJM-KMT, ECF No. #3 ; Plaintiff Nikolas Winders Second Claim for Relief in the Amended Complaint, ECF No. #81 is DISMISSED WITHOUT PREJUDICE based on counsels representation that this claim is moot; Plaintiffs Cesar Aceves and Josie Amayas claim for injunctive relief against the Sex Offender Management Board Defendants and Defendant Tori Kelly is DISMISSED WITHOUT PREJUDICE based on counsels withdrawal of this claim; and 5. Defendants John Suthers and Timothy Griffith are hereby DISMISSED WITH PREJUDICE as party-Defendants. The Clerk shall terminate these parties and they shall be omitted from the caption in future filings. Each party shall pay his or her own attorneys fees and costs, by Judge William J. Martinez on 3/6/2014.(evana, ) |
Filing 109 MEMORANDUM regarding #108 Unopposed MOTION to Amend/Correct/Modify #81 Amended Complaint,, by withdrawing moot claims, filed by Nikolas Winder. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 03/03/2014. Text Only Entry (wjmsec, ) |
Filing 108 Unopposed MOTION to Withdraw Certain Claims and Dismiss Certain Defendants re #81 Amended Complaint, by Plaintiff Nikolas Winder. (Ruttenberg, Alison) (Modified on 3/4/2014 edited the title of the text to reflect the title of the document filed)(evana, ). |
Filing 107 MINUTE ORDER granting #105 Motion to Reset the March 27, 2014 Scheduling Conference. The Scheduling Conference is reset for April 1, 2014 at 9:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall file their proposed Scheduling Order on or before March 25, 2014. By Magistrate Judge Kathleen M. Tafoya on 2/24/13. Text Only Entry(kmtlc1 ) |
Filing 106 MEMORANDUM regarding #105 Unopposed MOTION to Vacate #104 Order and Reset March 27, 2014 Scheduling Conference filed by Kathy Roe, Baruch Bachofer, Nikolas Winder, Robert Herdman, S.D., Rodel Miranda, Robert Garrett, J.F., A.D., William Hart, Brian Baetz, Jane Roe, Carole Garrett, Donna Mills, Armando Gonzalez-Castillo, Charles Reinhardt, Scott Winder, S.R.B., Roseanne Bernard, Danny Daniels, Sr., Ronald Murray, Josie Amaya, Loretta Marsh, Laura Bertrand, Glenn Fisher, T.J.B., Cesar Aceves, Noel Bertrand, J.H., Michelle Davis, David Murray, L.F., Danny O. Daniels, L.B., Richard Burns, Cherry Fisher. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 02/24/2014. Text Only Entry (wjmsec, ) |
Filing 105 Unopposed MOTION to Vacate #104 Order and Reset March 27, 2014 Scheduling Conference by Plaintiffs A.D., Cesar Aceves, Josie Amaya, Baruch Bachofer, Brian Baetz, Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, Robert Herdman, J.F., J.H., L.B., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Ronald Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.D., S.R.B., T.J.B., Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 104 SECOND AMENDED ORDER Resetting Scheduling Conference for 3/27/2014 at 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 2/18/14. (sgrim) |
Filing 103 MOTION to Dismiss by Defendant Glenn Niebling. (Dale, Gillian) |
Filing 102 MINUTE ORDER granting #100 State Defendants' Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Amended and Supplemental Complaint. Defendants, the Board Members of the Colorado Sex Offender Management Board, Rick Raemisch, as the Executive Director of the Colorado Department of Corrections, Sheila Montoya, Andrea Bennett-Bailey, Timothy Griffith, Rae Timme, Tori Kelly, and Attorney General John Suthers shall answer or otherwise respond to the Amended and Supplemental Complaint no later than March 17, 2014, by Magistrate Judge Kathleen M. Tafoya on 2/18/14. (sgrim) |
Filing 101 MEMORANDUM regarding #100 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #81 Amended Complaint,, filed by John A. Suthers. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 02/14/2014. Text Only Entry (wjmsec, ) |
Filing 100 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #81 Amended Complaint,, by Defendant John A. Suthers. (Attachments: #1 Proposed Order (PDF Only))(Johnson, Sueanna) |
Filing 99 MINUTE ORDER granting #97 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Glenn Niebling shall answer or otherwise respond to the Amended Complaint on or before 2/18/2014. By Magistrate Judge Kathleen M. Tafoya on 2/4/14. Text Only Entry(kmtlc1 ) |
Filing 98 MEMORANDUM regarding #97 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #81 Amended Complaint,, filed by Glenn Niebling. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 02/03/2014. Text Only Entry (wjmsec, ) |
Filing 97 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #81 Amended Complaint,, by Defendant Glenn Niebling. (Attachments: #1 Proposed Order (PDF Only))(Dale, Gillian) |
Filing 96 ORDER Reserving ruling on Plaintiff Nikolas Winder's Motion for Preliminary Injunction and Defendant Sheila Montoya's #52 Motion for Protective Order, by Judge William J. Martinez on 1/14/2014.(ervsl, ) |
Filing 95 NOTICE of Entry of Appearance by Joshua Ivan Berry on behalf of James ViningAttorney Joshua Ivan Berry added to party James Vining(pty:dft) (Berry, Joshua) |
Filing 94 WAIVER OF SERVICE Returned Executed by James Vining. James Vining waiver sent on 1/8/2014, answer due 3/10/2014. (Gelman, David) |
Filing 93 NOTICE of Entry of Appearance by David Ben Gelman on behalf of James Vining (Gelman, David) |
Filing 92 NOTICE of Entry of Appearance by Michael W. Jones on behalf of Glenn NieblingAttorney Michael W. Jones added to party Glenn Niebling(pty:dft) (Jones, Michael) |
Filing 91 MINUTE ORDER granting in part #87 Motion to Vacate the January 14 Scheduling Conference and Reschedule After Qualified Immunity Issues are Resolved. In the interests of judicial economy and so that the case is properly postured prior to setting a discovery schedule, the Scheduling Conference set for 1/14/2014 is vacated and reset to 2/25/2014 at 9:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Because the parties have not properly moved for a stay or addressed the factors required to grant a stay, the case is not stayed. By Magistrate Judge Kathleen M. Tafoya on 1/7/14. Text Only Entry(kmtlc1 ) |
Filing 90 WAIVER OF SERVICE Returned Executed by Glenn Niebling. Glenn Niebling waiver sent on 12/9/2013, answer due 2/7/2014. (Dale, Gillian) |
Filing 89 NOTICE of Entry of Appearance on behalf of Dr. Glenn E. Neibling by Gillian Dale on behalf of Glenn NieblingAttorney Gillian Dale added to party Glenn Niebling(pty:dft) (Dale, Gillian) |
Filing 88 MEMORANDUM regarding #87 Unopposed MOTION to Vacate #69 Order for January 14 Scheduling Conference filed by Kathy Roe, Baruch Bachofer, Nikolas Winder, Robert Herdman, S.D., Rodel Miranda, Robert Garrett, J.F., A.D., William Hart, Brian Baetz, Jane Roe, Carole Garrett, Donna Mills, Armando Gonzalez-Castillo, Charles Reinhardt, Scott Winder, S.R.B., Roseanne Bernard, Danny Daniels, Sr., Ronald Murray, Josie Amaya, Loretta Marsh, Laura Bertrand, Glenn Fisher, T.J.B., Cesar Aceves, Noel Bertrand, J.H., Michelle Davis, David Murray, L.F., Danny O. Daniels, L.B., Richard Burns, Cherry Fisher. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 01/07/2014. Text Only Entry (wjmsec, ) |
Filing 87 Unopposed MOTION to Vacate #69 Order for January 14 Scheduling Conference by Plaintiffs A.D., Cesar Aceves, Josie Amaya, Baruch Bachofer, Brian Baetz, Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, Robert Herdman, J.F., J.H., L.B., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Ronald Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.D., S.R.B., T.J.B., Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 86 MINUTE ORDER granting #84 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Amended and Supplemental Complaint. Board Members of the Colorado Sex Offender Management Board, Rick Raemisch, the Executive Director for the Colorado Department of Corrections, Sheila Montoya, Andrea Bennett-Bailey, Timothy Griffith, and Colorado Attorney General John A. Suthers shall answer or otherwise respond to the complaint no later than 2/18/2014. Bby Magistrate Judge Kathleen M. Tafoya on 12/23/13. Text Only Entry(kmtlc1 ) |
Filing 85 MEMORANDUM regarding #84 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #81 Amended Complaint,, filed by A. Mervyn Davies, John Odenheimer, Amy Fitch, Jessica Meza, Jeff Geist, Angel Weant, Richard Bednarski, William Hildebrand, Tom Leversee, Carl Blake, Mary Baydarian, Jessica Curtis, Peggy Heil, Doug Stephens, Rick Raemisch, Marcelo Kopcow, Erin Jemison, Jeff Jenks, Allison Boyd, Andrea Bennett-Baily, Missy Gursky, Mimi Scheuermann, Dianna Lwyer-Brook, Nancy Johnson, Cheryl Davies. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 12/20/2013. Text Only Entry (wjmsec, ) |
Filing 84 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #81 Amended Complaint, by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Angel Weant, (Alber, Christopher, Sheila Montoya and Timothy Griffith) (Modified on 12/20/2013 edited the text to reflect Sheila Montoya and Timothy Griffith)(ervsl, ). |
Filing 83 WAIVER OF SERVICE Returned Executed Tori Kelly waiver sent on 12/19/2013, answer due 2/18/2014; Rae (I) Timme waiver sent on 12/19/2013, answer due 2/18/2014. (ervsl, ) |
Filing 82 NOTICE of Errata re #81 Second Amended Complaint, by Plaintiffs A.D., Cesar Aceves, Josie Amaya, Baruch Bachofer, Brian Baetz, Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, Robert Herdman, J.F., J.H., L.B., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Ronald Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.D., S.R.B., T.J.B., Nikolas Winder, Scott Winder (Ruttenberg, Alison) (Modified on 12/16/2013 edited the title of the text to reflect the title of the document filed)(ervsl, ). |
Filing 81 AMENDED COMPLAINT on the Consolidated Cases against All Defendants Attorney Alison Lee Ruttenberg added to party Brian Baetz(pty:pla), Attorney Alison Lee Ruttenberg added to party Ronald Murray(pty:pla), Attorney Alison Lee Ruttenberg added to party Robert Herdman(pty:pla), Attorney Alison Lee Ruttenberg added to party J.H.(pty:pla), Attorney Alison Lee Ruttenberg added to party L.B.(pty:pla), Attorney Alison Lee Ruttenberg added to party A.D.(pty:pla), Attorney Alison Lee Ruttenberg added to party S.D.(pty:pla), filed by J.H., L.B., Brian Baetz, Ronald Murray, S.D., Robert Herdman, A.D..(Ruttenberg, Alison) |
Filing 80 ORDER granting #79 Plaintiffs' Unopposed Motion for Additional Five Day Extension of Time to File Amended Complaint in Response to Court Order Consolidating the Two Cases #67 . The Court notes that Plaintiffs' Motion fails to comply with WJM Revised Practice Standard II.D.2 (as revised effective December 1, 2013), in that the Motion should have been filed on December 3, 2013 (on or before the court business day preceding the original filing deadline..."). Despite this deficiency, the Court finds, however, that the interests of justice are best served by GRANTING the Motion. The Plaintiffs shall have up to and including December 9, 2013 to file the Amended Complaint. Counsel is hereby put on notice that future such motions not filed in a timely fashion may be summarily denied. In addition, NO FURTHER EXTENSIONS WITH RESPECT TO THIS FILING WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 12/05/2013. Text Only Entry(wjmsec, ) |
Filing 79 Unopposed MOTION for Extension of Time to File Amended Complaint in Consolidated Case by Plaintiffs Cesar Aceves, Josie Amaya, Baruch Bachofer, Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, J.F., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.R.B., T.J.B., Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 78 BRIEF in support of motion for preliminary injunction (filed in companion case prior to consolidation) by Plaintiff Nikolas Winder. (Ruttenberg, Alison) |
Filing 77 ORDER granting #75 Plaintiffs' Motion for Extension of Time to File Amended Complaint in Response to Court Order Consolidating the Two Cases. The Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs' deadline to file their Amended Complaint is extended up to and including December 4, 2013. SO ORDERED by Judge William J. Martinez on 11/20/2013. Text Only Entry(wjmsec, ) |
Filing 76 ORDER granting #74 Plaintiff Nikolas Winder's Motion for Additional Extension of Time to File Reply in Support of the Motion for Preliminary Injunction. Plaintiff Nikolas Winder's Motion is GRANTED for good cause shown. Nikolas Winder's deadline to file his Reply in Support of the Motion for Preliminary Injunction is extended up to and including December 4, 2013. NO FURTHER EXTENSIONS WITH RESPECT TO THIS FILING WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 11/20/2013. Text Only Entry(wjmsec, ) |
Filing 75 MOTION for Extension of Time to Amended Complaint in response to the Courts November 5, 2013 Order by Plaintiffs Roseanne Bernard, Laura Bertrand, Noel Bertrand, Richard Burns, Danny Daniels, Sr, Danny O. Daniels, Michelle Davis, Cherry Fisher, Glenn Fisher, Carole Garrett, Robert Garrett, Armando Gonzalez-Castillo, William Hart, J.F., L.F., Loretta Marsh, Donna Mills, Rodel Miranda, David Murray, Charles Reinhardt, Jane Roe, Kathy Roe, S.R.B., T.J.B., Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 74 Second MOTION for Extension of Time to File Reply Brief in Support of Motion for Preliminary Injunction (originally filed in 13-cv-2860 by Plaintiff Nikolas Winder. (Ruttenberg, Alison) |
Filing 73 NOTICE of Entry of Appearance by John Lawrence Hamil on behalf of John Davis (Hamil, John) |
Filing 72 NOTICE of Entry of Appearance by Meredith A. Munro on behalf of John Davis (Munro, Meredith) |
Filing 71 ORDER granting #70 Plaintiff Nikolas Winder's Motion for Extension of Time to File Reply In Support of Motion for Preliminary Injunction. Nikolas Winder's Motion is GRANTED for good cause shown. Nikolas Winder's deadline to file his Reply in Support of the Motion for Preliminary Injunction is extended up to and including November 19, 2013. SO ORDERED by Judge William J. Martinez on 11/08/2013. Text Only Entry(wjmsec, ) |
Filing 70 MOTION for Extension of Time to File Reply Brief in Support of Motion for Preliminary Injunction filed in related case 13-cv-2860 (Document 3) prior to consolidation of cases by Plaintiff Nikolas Winder. (Ruttenberg, Alison) |
Filing 69 AMENDED ORDER Resetting Scheduling Conference for 1/14/2014 at 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 11/7/13. (sgrim) |
Filing 68 REPLY to Response to #52 MOTION for Protective Order filed by Defendant Sheila Montoya. (Johnson, Sueanna) |
Filing 67 ORDER Civil Cases 1:13-cv- 2513 and 1:13-cv-2860 are CONSOLIDATED. Because it is the lower numbered case, all future filings shall be made in 1:13-cv-2513; No later than November 19, 2013, Plaintiffs (including Mr. Winder) shall file in 1:13-cv-2513, a consolidated complaint which includes all claims raised by the Plaintiffs in both Cases 1:13-cv-2513 and 1:13-cv-2860. This consolidated complaint shall become the operative complaint in the consolidated action; and Plaintiffs Motion for Leave to File a Second Amended Complaint ECF No. #49 in 1:13-cv-2513 is DENIED AS MOOT based on the fact that the Court has ordered Plaintiffs to file an amended complaint. The Clerk shall reassign Case Number 1:13-cv-2860 to Magistrate Judge Kathleen M. Tafoya. by Judge William J. Martinez on 11/5/2013.(ervsl, ) (Main Document 67 replaced on 11/5/2013 with text regarding the Magistrate Judge Assignment) (ervsl, ). (Modified on 11/5/2013 repleaced the Main Document)(ervsl, ). |
Filing 66 MINUTE ORDER granting #53 Motion to Restrict Access to Exhibit B of Defendant Sheila Montoya's Motion for Protective Order. Document Number 53-1 shall remain restricted at Level 1 pending further order of the court. By Magistrate Judge Kathleen M. Tafoya on 11/4/13. Text Only Entry(kmtlc1 ) |
Filing 65 MINUTE ORDER granting #41 Motion for Leave to Restrict Access to Exhibits C and D of Defendant Estrada's Response in Opposition to Plaintiff's Motion for Preliminary Injunction. Document Numbers 41-1 and 41-2 shall remain under Level 1 restriction pending further order of the court. By Magistrate Judge Kathleen M. Tafoya on 11/4/13. Text Only Entry(kmtlc1 ) |
Filing 64 MINUTE ORDER granting #2 Motion to Restrict Access and Redact Terms. Defendants having expressed no objection to the relief requested in the Motion, Plaintiffs Jane Roe, Kathy Roe, K.O.B., M.E.B., A.M.B., E.M.B., J.D., E.D. and M.D. may proceed anonymously, and their full identities, as designated in Document Number 3, will remain restricted under Level 1, until further order of the court. By Magistrate Judge Kathleen M. Tafoya on 11/4/13. Text Only Entry(kmtlc1 ) |
Filing 63 RESPONSE to #49 MOTION for Leave to file Second Amended and Supplemental Complaint filed by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Angel Weant. (Quinn, James) |
Filing 62 RESPONSE to #52 MOTION for Protective Order filed by Plaintiff Nikolas Winder. (Attachments: #1 Exhibit A Ruttenberg Declaration, #2 Exhibit B McComas Declaration, #3 Exhibit C Morgan Declaration)(Ruttenberg, Alison) |
Filing 61 WAIVER OF SERVICE Returned Executed by Roseanne Bernard. John Davis waiver sent on 10/25/2013, answer due 12/24/2013. (Ruttenberg, Alison) |
Filing 60 NOTICE re #56 Response to Motion,, by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, DOES 1 through 20, A. Mervyn Davies, Cheryl Davies, John Davis, Amy Fitch, Jeff Geist, Timothy Griffith, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, Sheila (I) Montoya, Glenn Niebling, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, John A. Suthers, Rae (I) Timme, James Vining, Angel Weant (Johnson, Sueanna) |
Filing 59 RESPONSE to #49 MOTION for Leave to file Second Amended and Supplemental Complaint filed by Defendant Valerie Estrada. (Fay, Olympia) |
Filing 58 ORDER granting #57 State Defendants' Unopposed Motion for Extension of Time to File a Response to Plaintiffs' Motion for Leave to File Second Amended and Supplemental Complaint #49 . The State Defendants' Motion is GRANTED for good cause shown. The State Defendants' deadline to file their Response to Plaintiffs' Motion is extended up to and including November 1, 2013. SO ORDERED by Judge William J. Martinez on 10/25/2013. Text Only Entry(wjmsec, ) |
Filing 57 Unopposed MOTION for Extension of Time to File Response/Reply as to #49 MOTION for Leave to file Second Amended and Supplemental Complaint by Defendants Sheila Montoya, Sheila (I) Montoya. (Attachments: #1 Proposed Order (PDF Only))(Johnson, Sueanna) |
Filing 56 RESPONSE to #2 MOTION for Leave to Appear Anonymously filed by Defendants Mary Baydarian, Richard Bednarski, Andrea Bennett-Baily, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, Sheila Montoya, John Odenheimer, Rick Raemisch, Mimi Scheuermann, Doug Stephens, Angel Weant. (Johnson, Sueanna) |
Filing 55 MEMORANDUM regarding #53 MOTION for Leave to Restrict Document filed by Sheila Montoya, Sheila (I) Montoya. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/23/2013. Text Only Entry (wjmsec, ) |
Filing 54 ORDER: This matter is before the Court on #52 Defendant Sheila Montoya's Motion for Protective Order. Plaintiffs are ORDERED to file their response to the Motion by October 30, 2013. Defendant Montoya may file a reply by November 6, 2013. After reviewing the briefing, the Court will determine whether a hearing on the Motion is necessary. SO ORDERED by Judge William J. Martinez on 10/22/2013. Text Only Entry (wjmlc1, ) |
Filing 53 MOTION for Leave to Restrict Document by Defendants Sheila Montoya, Sheila (I) Montoya. (RESTRICTED Attachments: #1 Exhibit B - Affidavit, #2 Proposed Order (PDF Only))(Johnson, Sueanna) (Modified on 10/23/2013 Exhibit B has been Restricted) (ervsl, ). |
Filing 52 MOTION for Protective Order by Defendants Sheila Montoya, Sheila (I) Montoya. (Attachments: #1 Exhibit A - Emails, #2 Exhibit C - Sex Offender Report, #3 Exhibit D - Opinion 93, #4 Proposed Order (PDF Only))(Johnson, Sueanna) |
Filing 51 NOTICE of Entry of Appearance by Ingrid Carlson Barrier on behalf of Mary Baydarian, Richard Bednarski, Carl Blake, Allison Boyd, Jessica Curtis, A. Mervyn Davies, Cheryl Davies, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Dianna Lwyer-Brook, Jessica Meza, John Odenheimer, Mimi Scheuermann, Doug Stephens, Angel Weant (Barrier, Ingrid) |
Filing 50 ORDER: This matter is before the Court on the Plaintiffs' Motion for Leave to File Second Amended and Supplemental Complaint #49 . Defendants are DIRECTED to file a Response to the Motion on or before October 25, 2013. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 10/22/2013. Text Only Entry (wjmsec, ) |
Filing 49 MOTION for Leave to file Second Amended and Supplemental Complaint by Plaintiffs Cesar Aceves, Josie Amaya. (Attachments: #1 Proposed Document Tendered Second Amended and Supplemental Complaint)(Ruttenberg, Alison) |
Filing 48 ORDER granting #46 Plaintiffs' Unopposed Motion to Withdraw Motion for Preliminary Injunction #11 . Plaintiffs' Motion to Withdraw is GRANTED for good cause shown. Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order #11 is hereby deemed WITHDRAWN. It is further Ordered that #20 Plaintiffs' Motion to Supplement #11 is DENIED as MOOT. SO ORDERED by Judge William J. Martinez on 10/17/2013. Text Only Entry(wjmsec, ) |
Filing 47 MEMORANDUM regarding #46 Unopposed MOTION to Withdraw Document re #11 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Scott Winder, Nikolas Winder. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/17/2013. Text Only Entry (wjmsec, ) |
Filing 46 Unopposed MOTION to Withdraw Document re #11 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Plaintiffs Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 45 MINUTE ORDER: Any Defendant that has already been served or has waived service shall file a response to #2 MOTION for Leave to Appear Anonymously no later than October 23, 2013. By Magistrate Judge Kathleen M. Tafoya on 10/16/13. Text Only Entry (kmtlc1 ) |
Filing 43 MEMORANDUM regarding #41 MOTION for Leave to Restrict filed by Valerie Estrada. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/16/2013. Text Only Entry (wjmsec, ) |
Filing 42 MINUTE ORDER granting #30 Motion to Restrict Access to Exhibits 2 and 3 of Response to Motion for Preliminary Injunction and Temporary Restraining Order. Document #29 shall remain restricted at Level 1 until further order of the Court. By Magistrate Judge Kathleen M. Tafoya on 10/16/13. Text Only Entry(kmtlc1 ) |
Filing 44 Exhibits C and D in Support of #40 Response in Opposition to Plaintiffs' Motion for Preliminary Injunction, by Defendant Valerie Estrada. (Public Entry for RESTRICTED Document [41-1], and [41-2], filed 10/15/2013) TEXT ONLY ENTRY (ervsl, ) |
Filing 41 MOTION FOR LEAVE TO RESTRICT (unrestricted motion) by Defendant Valerie Estrada.. (Attachments:RESTRICTED #1 Exhibit C, #2 Exhibit D)- Level 1:(Shea, Wendy) (Modified on 10/16/2013 The Motion to Restrict has been Un-Restricted and the Exhibits remain Restricted)(ervsl, ). |
Filing 40 RESPONSE to #11 MOTION for Temporary Restraining Order filed by Defendant Valerie Estrada. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Shea, Wendy) |
Filing 39 MINUTE ORDER granting #37 Motion for Extension of Time to File a Responsive Pleading to Plaintiffs' Amended Complaint. Defendant Valerie Estrada shall answer or otherwise respond to the Amended Complaint no later than 11/22/2013. By Magistrate Judge Kathleen M. Tafoya on 10/11/13. Text Only Entry(kmtlc1 ) |
Filing 38 MEMORANDUM regarding #37 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint filed by Valerie Estrada. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/11/2013. Text Only Entry (wjmsec, ) |
Filing 37 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint by Defendant Valerie Estrada. (Attachments: #1 Proposed Order (PDF Only))(Fay, Olympia) |
Filing 35 ORDER granting #34 Plaintiffs' Unopposed Motion for Opportunity to Reply on or Before Wednesday October 16, 2013 Before Court Rules on Motion for a Preliminary Injunction. The Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs' deadline to file their Reply in Support of their Motion for Preliminary Injunction is extended up to and including October 16, 2013. SO ORDERED by Judge William J. Martinez on 10/10/2013. Text Only Entry(wjmsec, ) |
Filing 36 Exhibits 2 and 3 to #28 Response to Motion for Preliminary Injunction and Temporary Restraining Order by Defendant Sheila Montoya. (Public entry for #29 Restricted Document - Level 1 filed 10/9/13). Text Only Entry (mnfsl, ) |
Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Plaintiffs Nikolas Winder, Scott Winder, Glenn Fischer. (Ruttenberg, Alison) Modified on 10/10/2013 to correct filers(mnfsl, ). |
Filing 33 NOTICE of Entry of Appearance by Wendy J. Shea on behalf of Valerie Estrada (Shea, Wendy) |
Filing 32 NOTICE of Entry of Appearance by Olympia Z. Fay on behalf of Valerie Estrada (Fay, Olympia) |
Filing 31 MEMORANDUM regarding #30 MOTION for Leave to Restrict Document filed by Sheila Montoya, Sheila (I) Montoya. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/09/2013. Text Only Entry (wjmsec, ) |
Filing 30 MOTION for Leave to Restrict Document by Defendants Sheila Montoya, Sheila (I) Montoya. (Attachments: #1 Proposed Order (PDF Only))(Johnson, Sueanna) |
Filing 29 RESTRICTED DOCUMENT - Level 1: by Defendants Sheila Montoya, Sheila (I) Montoya.. (Attachments: #1 Exhibit, #2 Exhibit)(Johnson, Sueanna) |
Filing 28 RESPONSE to #11 MOTION for Temporary Restraining Order filed by Defendants Sheila Montoya, Sheila (I) Montoya. (Attachments: #1 Exhibit 1 - ICAOS Selected Rules)(Johnson, Sueanna) |
Filing 27 ORDER granting #25 Defendant Sheila Montoya's Motion Unopposed Motion for Extension of Time to File a Responsive Pleading to Plaintiffs' Complaint. The Defendant's Motion is GRANTED for good cause shown. Defendant Sheila Montoya's deadline to file her Response to Plaintiffs' First Amended Complaint #9 is extended up to and including November 22, 2013. SO ORDERED by Judge William J. Martinez on 10/08/2013. Text Only Entry(wjmsec, ) |
Filing 26 MINUTE ORDER re: #18 Amended Complaint filed by S.R.B., David Murray, T.J.B., Baruch Bachofer. Plaintiffs Amended and Supplemental Complaint for Damages, Declaratory and Injunctive Relief and Jury Demand Doc. No. #18 , filed October 6, 2013 is STRICKEN, as it has been filed in violation of Fed. R. Civ. P. 15(a)., by Magistrate Judge Kathleen M. Tafoya on 10/8/2013. (ervsl, ) |
Filing 25 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #12 Order, by Defendant Sheila Montoya. (Attachments: #1 Proposed Order (PDF Only))(Johnson, Sueanna) |
Filing 24 NOTICE of Entry of Appearance by Sueanna Park Johnson on behalf of Sheila Montoya (Johnson, Sueanna) |
Filing 23 MEMORANDUM regarding #20 MOTION to Supplement #11 MOTION for Temporary Restraining Order filed by Nikolas Winder. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/07/2013. Text Only Entry (wjmsec, ) |
Filing 22 WAIVER OF SERVICE Returned Executed by Roseanne Bernard, Laura Bertrand, Noel Bertrand. Andrea Bennett-Baily waiver sent on 10/2/2013, answer due 12/2/2013. (Ruttenberg, Alison) |
Filing 21 WAIVER OF SERVICE Returned Executed by S.R.B., Charles Reinhardt, Kathy Roe, Jane Roe. Sheila Montoya waiver sent on 10/2/2013, answer due 12/2/2013. (Ruttenberg, Alison) |
Filing 20 MOTION to Supplement #11 MOTION for Temporary Restraining Order by Plaintiff Nikolas Winder. (Attachments: #1 Exhibit A Amended Ruttenberg Declaration, #2 Exhibit B McComas Declaration, #3 Exhibit C Todd Declaration)(Ruttenberg, Alison) |
Filing 19 RESTRICTED DOCUMENT - Level 1: by Plaintiff S.R.B... (Ruttenberg, Alison) |
Filing 18 STRICKEN AMENDED COMPLAINT against All Defendants, filed by T.J.B., David Murray, Baruch Bachofer, S.R.B..(Ruttenberg, Alison) (Modified on 10/8/2013 Stricken pursuant to the #26 Minute Order)(ervsl, ). |
Filing 17 SUMMONS issued by Clerk as to Sheila Montoya Magistrate Judge Consent Form attached. (Attachments: #1 Magistrate Judge Consent Form) (ervsl, ) |
Filing 16 SUMMONS issued by Clerk as to John Davis. Magistrate Judge Consent Form attached. (Attachments: #1 Magistrate Judge Consent Form) (ervsl, ) |
Filing 15 SUMMONS REQUEST as to Sheila Montoya by Plaintiffs Carole Garrett, Robert Garrett. (Ruttenberg, Alison) |
Filing 14 SUMMONS REQUEST as to John Davis by Plaintiffs Nikolas Winder, Scott Winder. (Ruttenberg, Alison) |
Filing 13 ORDER Scheduling Conference set for 1/7/2014 10:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 9/27/2013. (ervsl, ) |
Filing 12 ORDER Denying in Part Plaintff's Motion for Temporary Restraining Order. Plaintiffs Motion for Preliminary Injunction and Temporary Restraining Order ECF No. #11 is DENIED to the extent it seeks a temporary restraining order pursuant to Federal Rule of Civil Procedure 65(b) but remains pending to the extent it seeks a preliminary injunction, by Judge William J. Martinez on 9/25/2013. (ervsl, ) |
Filing 11 WITHDRAWN MOTION for Temporary Restraining Order by Plaintiffs Cherry Fisher, Glenn Fisher. (Attachments: #1 Exhibit 1 Glenn Fisher Declaration, #2 Exhibit 2 Cherry Fisher Declaration, #3 Exhibit 3 Sentencing Order, #4 Exhibit 4 Terms and Conditions SOISP, #5 Exhibit 5 Scott Winder Declaration, #6 Exhibit 6 Ruttenberg Declaration, #7 Exhibit 7 SLA Contract, #8 Exhibit 8 SOMB Guidelines, #9 Proposed Order (PDF Only), #10 Docket Sheet Information Sheet for TRO)(Ruttenberg, Alison) (Modified on 10/17/2013 Withdrawn pursuant to the 48 Order)(ervsl, ). |
Filing 10 Waiver of service of the summons, filed by Defendants Jeff Geist, Peggy Heil, Rick Raemisch (trlee, ) |
Filing 9 AMENDED COMPLAINT against All Defendants, filed by Cherry Fisher, Glenn Fisher, Armando Gonzalez-Castillo, Nikolas Winder, J.F., Scott Winder, L.F..(Ruttenberg, Alison) |
Filing 8 MEMORANDUM regarding #2 MOTION for Leave to Appear Anonymously filed by E.M.B., E.D.. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 09/17/2013. Text Only Entry (wjmsec, ) |
Filing 7 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya.Magistrate Judge Tafoya is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiffs' counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 09/17/2013. Text Only Entry (wjmsec, ) |
Filing 5 Magistrate Judge Consent Form issued. No summons issued. (sphil, ) |
Filing 6 NOTICE of Captioned Key re #2 MOTION for Leave to Appear Anonymously by Plaintiffs, (Public Entry for RESTRICTED Documents #3 , filed 9/15/2013) TEXT ONLY ENTRY (ervsl, ) |
Filing 4 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (sphil, ) |
Filing 3 RESTRICTED DOCUMENT - Level 1: by Plaintiff A.M.B... (Ruttenberg, Alison) |
Filing 2 MOTION for Leave to Appear Anonymously by Plaintiffs E.D., E.M.B.. (Ruttenberg, Alison) |
Filing 1 COMPLAINT against All Defendants (Filing fee $ 400, Receipt Number 1082-3533938), filed by Charles Reinhardt, Kathy Roe, Jane Roe. (Attachments: #1 Civil Cover Sheet)(Ruttenberg, Alison) |
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