Neilsen v. Connaghan, et al
| Stone, Thomas Neilsen, Dustin Upchurch and Jonathan Stone |
| Amaya, Aaron Amaya, Allison Boyd, Amy Fitch, Jessica Meza, Maggie M. McElderry, Rick Raemisch, Jessica Curtis, Angel Weant, Nancy Johnson, John Odenheimer, Missy Gursky, Denise Balazic, Cheryl Davies, Richard Bednarski, Cook, Erin Jemison, A. Mervyn Davies, Marcelo Kopcow, Mary Baydarian, William Hildebrand, Tom Leversee, Genie Connaghan, Brandon Mathews, John O'Dell, Alfredo Pena, Dianna Lwyer-Brook, Jeff Jenks, Carl Blake, Rebecca Oakes, Jeff Geist, Doug Stephens, Alexandra Walker, Joe Morales and Mimi Scheuermann |
| 1:2017cv00617 |
| March 9, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| El Paso |
| Christine M Arguello |
| Kristen L Mix |
| Michael J Watanabe |
| Prisoner - Civil Rights (U.S. not a defendant) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 7, 2018. A more recent docket listing may be available from PACER.
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| Filing 65 FINAL JUDGMENT in favor of Defendants, Genie Connaghan, Rick Raemisch, and Maggie M. McElderry and against Plaintiff, Thomas Neilsen re #64 Order Affirming and Adopting in Part the February 14, 2018 Recommendation of United States Magistrate Judge by Clerk on 3/7/2018. (swest) |
Filing 64
ORDER Affirming and Adopting in Part the February 14, 2018 Recommendation of United States Magistrate Judge by Judge Christine M. Arguello on 3/7/2018. (swest)
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| Filing 63 STATUS REPORT by Plaintiff Thomas Neilsen. (DeFranco, Ingrid) |
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Filing 62
AMENDED ORDER: The parties shall file a Status Report on or before 2/28/2018 informing the Court as to whether Plaintiff Neilsen is currently living with his spouse . SO ORDERED by Judge Christine M. Arguello on 2/20/2018. Text Only Entry (cmasec) Modified on 2/21/2018 (cmasec).
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| Filing 61 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re granting in part and denying in part #54 MOTION to Dismiss, by Magistrate Judge Michael J. Watanabe on 2/14/2018. (slibi, ) |
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Filing 60
ORDER Affirming and Adopting the July 20, 2017, #49 Recommendation of United States Magistrate Judge. The Plaintiff's #16 Motion for a Preliminary Injunction is DENIED. ORDERED by Judge Christine M. Arguello on 10/10/2017. (cthom, )
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Filing 59
MINUTE ORDER granting #57 Unopposed Motion to Stay and Vacate the Scheduling Conference, by Magistrate Judge Michael J. Watanabe on 9/12/2017. ORDERED that this case is STAYED pending a ruling on Defendants Motion to Dismiss (Docket No. 54) or until further Order of Court. It is further ORDERED that the Scheduling Conference set for September 19, 2017 at 9:00 a.m. is VACATED. (slibi, )
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| Filing 58 MEMORANDUM regarding #57 Unopposed MOTION to Stay and Vacate the Scheduling Conference filed by Maggie M. McElderry, Rick Raemisch, Genie Connaghan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 9/12/2017. Text Only Entry (cmasec) |
| Filing 57 Unopposed MOTION to Stay and Vacate the Scheduling Conference by Defendants Genie Connaghan, Maggie M. McElderry, Rick Raemisch. (Alber, Christopher) |
| Filing 56 RESPONSE to #54 MOTION to Dismiss filed by Plaintiff Thomas Neilsen. (DeFranco, Ingrid) |
| Filing 55 MEMORANDUM regarding #54 MOTION to Dismiss filed by Maggie M. McElderry, Rick Raemisch, Genie Connaghan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 8/15/2017. Text Only Entry (cmasec) |
| Filing 54 MOTION to Dismiss by Defendants Genie Connaghan, Maggie M. McElderry, Rick Raemisch. (Attachments: #1 Exhibit CDOC Inmate Locator)(Alber, Christopher) |
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Filing 53
MINUTE ORDER re: discharging #51 Order to Show Cause, by Magistrate Judge Michael J. Watanabe on 7/26/2017. ORDERED: The Show Cause Hearing scheduled on 9/19/2017 at 9:00 a.m. is VACATED. Text Only Entry (slibi, )
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| Filing 52 WAIVER OF SERVICE Returned Executed by Thomas Neilsen. Maggie M. McElderry waiver sent on 7/25/2017, answer due 9/25/2017. (DeFranco, Ingrid) |
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Filing 51
DISCHARGED ORDER TO SHOW CAUSE: On September 19, 2017, at 9:00 a.m. plaintiff shall appear and provide proof of service for Defendant Maggie M.McElderry, or otherwise show cause why this case should not be dismissed as to Defendant Maggie M. McElderry pursuant to Fed. R. Civ. P. 4(m) for failing to serve this defendant, by Magistrate Judge Michael J. Watanabe on 7/26/2017. (slibi, ) Modified on 7/26/2017 to discharge pursuant to 53 (slibi, ).
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| Filing 50 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 7/25/2017. Scheduling Conference and Show Cause Hearing set for 9/19/2017 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. FTR: Courtroom A-502. (slibi, ) |
| Filing 49 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #16 MOTION for Preliminary Injunction filed by Jonathan Stone, Thomas Neilsen. The Court RECOMMENDS that Plaintiffs Motion for a Preliminary Injunction Against Their ParoleOfficers, the DOC and the Parole Board (Docket No. #16 ) beDENIED, by Magistrate Judge Michael J. Watanabe on 7/20/2017. (jgonz, ) |
| Filing 48 AMENDED COMPLAINT for Declaratory and Injunctive Relief against Genie Connaghan, Rick Raemisch, Maggie M. McElderly, filed by Thomas Neilsen.(jgonz, ) |
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Filing 47
MINUTE ORDER denying without prejudice as moot #34 Motion to Dismiss; denying without prejudice #42 Motion to Stay; granting #45 Unopposed Motion for Leave to File an Amended Complaint. The Clerk is directed to accept Docket No. #45 -1. The Scheduling Conference set for July 25, 2017 at 1:30 p.m. to a Status Conference. Counsel for the parties shall appear in person. by Magistrate Judge Michael J. Watanabe on 7/20/2017. (jgonz, )
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| Filing 46 MEMORANDUM regarding #45 Unopposed MOTION to Amend/Correct/Modify #1 Complaint, filed by Thomas Neilsen. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 7/20/2017. Text Only Entry (cmasec) |
| Filing 45 Unopposed MOTION to Amend/Correct/Modify #1 Complaint, by Plaintiff Thomas Neilsen. (Attachments: #1 Proposed Document Amended Complaint)(DeFranco, Ingrid) |
| Filing 43 MEMORANDUM regarding #42 Unopposed MOTION to Stay and to Vacate the Scheduling Conference filed by Genie Connaghan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 7/19/2017. Text Only Entry (cmasec) |
| Filing 42 Unopposed MOTION to Stay and to Vacate the Scheduling Conference by Defendant Genie Connaghan. (Alber, Christopher) |
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Filing 44
ORDER withdrawing #16 Motion for Preliminary Injunction pursuant to #41 Minute Order, by Magistrate Judge Michael J. Watanabe on 7/18/17. (nmarb, ) Modified on 7/20/2017 to show Motion for Preliminary Injunction withdrawn as to plaintiff's Stone and Upchurch only. (nmarb, ).
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Filing 41
MINUTE ORDER by Magistrate Judge Michael J. Watanabe on 7/18/2017. Plaintiffs Stone and Upchurchs Unopposed Motion to Withdraw Motion for Preliminary Injunction (Docket No. #36 ) is GRANTED. It if further ORDERED that Plaintiff Neilsons Motion for Leave to File Amended Complaint (Docket No. #38 ) is DENIED WITHOUT PREJUDICE for failing to comply with the duty to confer prescribed by D.C.COLO.LCivR 7.1(a). (jgonz, )
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| Filing 40 MEMORANDUM regarding #38 MOTION to Amend/Correct/Modify #1 Complaint, filed by Thomas Neilsen, #37 Unopposed MOTION to Dismiss Party filed by Jonathan Stone, Dustin Upchurch, #36 Unopposed MOTION to Withdraw Document re #16 MOTION for Preliminary Injunction with respect to Plaintiffs Stone and Upchurch filed by Jonathan Stone, Dustin Upchurch. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 7/18/2017. Text Only Entry (cmasec) |
| Filing 39 RESPONSE to #34 MOTION to Dismiss filed by Plaintiff Thomas Neilsen. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(DeFranco, Ingrid) |
| Filing 38 MOTION to Amend/Correct/Modify #1 Complaint, by Plaintiff Thomas Neilsen. (Attachments: #1 Proposed Document Amended Complaint)(DeFranco, Ingrid) |
| Filing 37 Unopposed MOTION to Dismiss Party by Plaintiffs Jonathan Stone, Dustin Upchurch. (Ruttenberg, Alison) |
| Filing 36 Unopposed MOTION to Withdraw Document re #16 MOTION for Preliminary Injunction with respect to Plaintiffs Stone and Upchurch by Plaintiffs Jonathan Stone, Dustin Upchurch. (Ruttenberg, Alison) |
| Filing 35 MEMORANDUM regarding #34 MOTION to Dismiss filed by Aaron Amaya, Cook, Rick Raemisch, Genie Connaghan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 7/10/2017. Text Only Entry (cmasec) |
| Filing 34 MOTION to Dismiss by Defendants Aaron Amaya, Genie Connaghan, Cook, Rick Raemisch. (Alber, Christopher) |
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Filing 33
MINUTE ORDER granting #31 Motion for Extension of Time to Answer or Otherwise Respond Aaron Amaya answer due 6/26/2017; Genie Connaghan answer due 6/26/2017; Cook answer due 6/26/2017; Rick Raemisch answer due 6/26/2017, by Magistrate Judge Michael J. Watanabe on 6/5/2017. (jgonz, )
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| Filing 32 MEMORANDUM regarding #31 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Aaron Amaya, Cook, Rick Raemisch, Genie Connaghan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 6/2/2017. Text Only Entry (cmasec) |
| Filing 31 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Aaron Amaya, Genie Connaghan, Cook, Rick Raemisch. (Alber, Christopher) |
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Filing 30
MINUTE ORDER granting #28 Unopposed Motion to Reset the May 31, 2017 Scheduling Conference, by Magistrate Judge Michael J. Watanabe on 5/25/2017. Scheduling Conference set for 5/31/2017 is VACATED and RESET for 7/25/2017 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. ORDER granting #27 Unopposed Motion for an Extension of Time to File Reply. Plaintiffs Jonathan Stone and Dustin Upchurch shall filed their reply brief in support of their Motion for Preliminary Injunction Docket No. #16 on or before June 2, 2017. (slibi, )
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| Filing 29 MEMORANDUM regarding #27 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Preliminary Injunction filed by Jonathan Stone, Dustin Upchurch, #28 Unopposed MOTION to Reset the May 31, 2017 Scheduling Conference filed by Jonathan Stone, Thomas Neilsen, Dustin Upchurch. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 5/25/2017. Text Only Entry (cmasec) |
| Filing 28 Unopposed MOTION to Reset the May 31, 2017 Scheduling Conference by Plaintiffs Thomas Neilsen, Jonathan Stone, Dustin Upchurch. (Ruttenberg, Alison) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Preliminary Injunction by Plaintiffs Jonathan Stone, Dustin Upchurch. (Ruttenberg, Alison) |
| Filing 26 REPLY to Response to #16 MOTION for Preliminary Injunction Attorney Ingrid J. DeFranco added to party Thomas Neilsen(pty:pla) filed by Plaintiffs Thomas Neilsen, Jonathan Stone. (Attachments: #1 Exhibit 1)(DeFranco, Ingrid) |
| Filing 25 RESPONSE to #16 MOTION for Preliminary Injunction filed by Defendants Aaron Amaya, Genie Connaghan, Cook, Rick Raemisch. (Attachments: #1 Exhibit A-1, #2 Envelope A-2)(Alber, Christopher) |
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Filing 24
MINUTE ORDER granting #22 Unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion for Preliminary Injunction, by Magistrate Judge Michael J. Watanabe on 5/04/2017. (slibi, )
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| Filing 23 MEMORANDUM regarding #22 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Preliminary Injunction filed by Aaron Amaya, Cook, Rick Raemisch, Genie Connaghan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 5/4/2017. Text Only Entry (cmasec) |
| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Preliminary Injunction by Defendants Aaron Amaya, Genie Connaghan, Cook, Rick Raemisch. (Alber, Christopher) |
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Filing 21
MINUTE ORDER granting #19 Defendants Unopposed Motion for Extension of Time to File Response to Plaintiffs Motion for Preliminary Injunction. Defendants shall file a response to Plaintiffs Motion for Preliminary Injunction (Docket No. 16) on or before May 5, 2017, by Magistrate Judge Michael J. Watanabe on 5/1/2017. (jgonz, )
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| Filing 20 MEMORANDUM regarding #19 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Preliminary Injunction Attorney Christopher Wayne Alber added to party Aaron Amaya(pty:dft), Attorney Christopher Wayne Alber added to party Genie filed by Aaron Amaya, Cook, Rick Raemisch, Genie Connaghan. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 4/30/2017. Text Only Entry (cmasec) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION for Preliminary Injunction Attorney Christopher Wayne Alber added to party Aaron Amaya(pty:dft), Attorney Christopher Wayne Alber added to party Genie Connaghan(pty:dft), Attorney Christopher Wayne Alber added to party Cook(pty:dft), Attorney Christopher Wayne Alber added to party Rick Raemisch(pty:dft) by Defendants Aaron Amaya, Genie Connaghan, Cook, Rick Raemisch. (Alber, Christopher) |
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Filing 18
MINUTE ORDER re: #16 MOTION for Preliminary Injunction filed by Jonathan Stone, Thomas Neilsen, by Magistrate Judge Michael J. Watanabe on 4/10/2017. Defendants shall file a response on or before May 1, 2017. (slibi, )
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| Filing 17 MEMORANDUM regarding #16 MOTION for Preliminary Injunction filed by Jonathan Stone, Thomas Neilsen. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Christine M. Arguello on 4/10/2017. Text Only Entry (cmasec) |
| Filing 16 MOTION for Preliminary Injunction by Plaintiffs Thomas Neilsen, Jonathan Stone. (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)(Ruttenberg, Alison) Modified on 7/19/2017 pursuant to #41 Minute Order (tsher, ). Modified on 7/20/2017 to show as withdrawn as to plaintiff's Stone and Upchurch only. Plaintiff Neilson still brings the motion. (nmarb, ). |
| Filing 15 Utility Setting Deadlines: Genie Connaghan waiver sent on 4/4/2017, answer due 6/5/2017; Cook waiver sent on 4/4/2017, answer due 6/5/2017; Rick Raemisch waiver sent on 4/4/2017, answer due 6/5/2017 per #14 WAIVER OF SERVICE Returned Executed. Text Only Entry (athom, ) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Dustin Upchurch, Jonathan Stone, Thomas Neilsen. Aaron Amaya waiver sent on 4/5/2017, answer due 6/5/2017. (Ruttenberg, Alison) |
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Filing 13
ORDER Setting Scheduling/Planning Conference for 5/31/2017 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 3/22/2017. (slibi, )
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe. Magistrate Judge Watanabe 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 4/30/2017 in order for the initial scheduling conference to be held promptly. The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, 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 Christine M. Arguello on 3/22/2017. Text Only Entry (cmasec)
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| Filing 11 CASE REASSIGNED pursuant to #10 Order: This case is randomly reassigned to Judge Christine M. Arguello and Magistrate Judge Michael J. Watanabe. All future pleadings should be designated as 17-cv-00617-CMA. (Text Only Entry) (dkals, ) |
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Filing 10
ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 3/21/17. (dkals, )
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| Filing 9 CASE REASSIGNED. This case was drawn in error. This case has been reassigned to Magistrate Judge Gordon P. Gallagher. (Text Only Entry) (amenz, ) |
| Filing 8 CASE REASSIGNED pursuant to #7 Minute Order and #5 Consent/Non-Consent to Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 17-cv-00617-WYD. (Text Only Entry) (jgonz, ) |
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Filing 7
MINUTE ORDER re: #5 Consent/Non-Consent to Jurisdiction of Magistrate Judge filed by Jonathan Stone, Thomas Neilsen, Dustin Upchurch. This case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 3/13/2017. (jgonz, )
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| Filing 6 NOTICE re #1 Complaint, of Address Correction by Plaintiffs Thomas Neilsen, Jonathan Stone, Dustin Upchurch (DeFranco, Ingrid) |
| Filing 5 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Thomas Neilsen, Jonathan Stone, Dustin Upchurch All parties do not consent.. (Ruttenberg, Alison) |
| Filing 4 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint, filed by attorney Ingrid J. DeFranco. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (amenz, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (amenz, ) |
| Filing 2 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (amenz, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-5415120)Attorney Alison Lee Ruttenberg added to party Jonathan Stone (pty:pla), Attorney Alison Lee Ruttenberg added to party Dustin Upchurch(pty:pla), filed by Dustin Upchurch, Jonathan Stone. (Attachments: #1 Civil Cover Sheet)(Ruttenberg, Alison) |
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