Masterpiece Cakeshop Incorporated et al v. Elenis et al
A lawsuit filed against the Colorado Civil Rights Commission (the "Commission") challenging a probable cause finding by the Commission that a refusal to bake a cake celebrating a gender transition was a violation of state public-accommodations law.
| Masterpiece Cakeshop Incorporated and Jack Phillips |
| Carol Fabrizio, Anthony Aragon, Miguel Rene Elias, Aubrey (I) Elenis, John Hickenlooper, Jessica Pocock, Aubrey Elenis, Cynthia H. Coffman, Charles Garcia and Rita Lewis |
| Coalition of Doctors Defending Reparative Therapy, National Alliance of Black Pastors, Center For Garden State Families and WW Bridal and American Family Association of PA |
| 1:2018cv02074 |
| August 14, 2018 |
| US District Court for the District of Colorado |
| Denver Office |
| Denver |
| Wiley Y Daniel |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 43 MOTION to Dismiss for Lack of Jurisdiction Under Rule 12(b)(1) by Defendants Anthony Aragon, Cynthia H. Coffman, Aubrey Elenis, Aubrey (I) Elenis, Miguel Rene Elias, Carol Fabrizio, Charles Garcia, John Hickenlooper, Rita Lewis, Jessica Pocock. (Attachments: #1 Exhibit A)(Morrill, LeeAnn) |
Filing 42
ORDER that the National Allegiance of Black Pastors' Motion for Leave to Appear as Amicus Curiae and in Support of the Intervening Plaintiffs (ECF No. #34 ); the Center for Garden State Families' Motion for Leave to Appear as Amicus Curiae and in Support of the Intervening Plaintiffs (ECF No. #35 ); the Coalition of Doctors Defending Reparative Therapys Motion for Leave to Appear as Amicus Curiae and in Support of the Intervening Plaintiffs (ECF No. #36 ); and American Family Association's and WW Bridal's Motion for Leave to Appear as Amici Curiae and in Support of the Intervening (ECF No. #37 ) are DENIED, by Judge Wiley Y. Daniel on 10/10/2018. (evana, )
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Filing 41
MINUTE ORDER Defendants' Unopposed Motion for Leave to Exceed Page Limit in Connection with Defendants Motion to Dismiss (ECF No. #40 ), filed on October 9, 2018, is GRANTED. Accordingly, the text of Defendants' motion to dismiss shall not exceed thirty (30) pages, the text of Plaintiffs' response brief shall not exceed thirty (30) pages, and the text of Defendants' reply brief shall not exceed fifteen (15) pages, by Judge Wiley Y. Daniel on 10/9/2018. (evana, )
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| Filing 40 Unopposed MOTION for Leave to File Excess Pages in Connection with Motion to Dismiss by Defendants Anthony Aragon, Cynthia H. Coffman, Aubrey Elenis, Aubrey (I) Elenis, Miguel Rene Elias, Carol Fabrizio, Charles Garcia, John Hickenlooper, Rita Lewis, Jessica Pocock. (Morrill, LeeAnn) |
| Filing 39 RESPONSE to #38 Order,,, Concerning Amicus Materials by Plaintiffs Masterpiece Cakeshop Incorporated, Jack Phillips. (Campbell, James) |
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Filing 38
ORDER re: #35 First MOTION to File Amicus Brief filed by Center For Garden State Families, #34 First MOTION to File Amicus Brief filed by National Alliance of Black Pastors, #36 First MOTION to File Amicus Brief filed by Coalition of Doctors Defending Reparative Therapy, #37 First MOTION to File Amicus Brief filed by WW Bridal and American Family Association of PA. Accordingly, it is ORDERED that Plaintiffs shall file a response to the Motions by Friday, October 5, 2018. It is FURTHER ORDERED that all of the materials mailed to the Court by the pending amici are STRICKEN for failure to comply with the Electronic Case Filing Procedures for the District of Colorado, by Judge Wiley Y. Daniel on 9/26/2018. (evana, )
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| Filing 37 First MOTION to File Amicus Brief by Movant WW Bridal and American Family Association of PA. (Attachments: #1 Proposed Document Amicus Brief , #2 Affidavit Declaration of Lisa Boucher , #3 Appendix to Lisa Boucher's declaration , #4 Affidavit Declaration of Pastor Penkoski , #5 Affidavit of Pastor Cairns BA. MA. M.DIV , #6 Exhibit A , #7 Exhibit HB 4949 , #8 Exhibit Senate Resolution by Senator Emery , #9 Exhibit , #10 Exhibit , #11 Exhibit , #12 Exhibit HB 0167 , #13 Exhibit South Dakota Marriage And Constitution Restoration Act by Sen. Otten , #14 Exhibit Arkansas Marriage And Constitution Restoration Act by Rep. Rye. #15 Exhibit Rhode Island Marriage And Constitution Restoration Act by Rep. Price , #16 Exhibit Template Tennessee Marriage And Constitution Restoration Act by Sen. Pody , #17 Exhibit Marriage And Constitution Restoration Act of Idaho by Representative Heather Scott , #18 Exhibit Template for Sen. Azinger #19 Exhibit Template for Rep. Strong in Vermont the Marriage And Constitution Restoration Act , #20 Exhibit , #21 Exhibit Marriage And Constitution Restoration Act by Rep. Garber of Kansas , #22 Exhibit First motion for Summary Judgment by the Penkoski Plaintiffs in Penkoski v. Justice, #23 Exhibit second motion for Summary Judgment by the Penkoski Plaintiffs in Penkoski v. Justice, #24 Exhibit Third motion for summary Judge by the Plaintiffs in Penkoski v. Justice, #25 Appendix to the third motion for summary judgment)(Burris, Cynthia) (Modified on 9/18/2018 edited duplicate text)(evana, ). |
| Filing 36 First MOTION to File Amicus Brief by Movant Coalition of Doctors Defending Reparative Therapy. (Attachments: #1 Proposed Document Amicus Brief , #2 Affidavit Declaration of Dr. Tara King , #3 Affidavit Declaration of Dr. Michelle Cretella, #4 Proposed Order (PDF Only) )(Burris, Cynthia) (Modified on 9/18/2018 edited to reduce text)(evana, ). |
| Filing 35 First MOTION to File Amicus Brief by Defendant Center For Garden State Families. (Attachments: #1 Proposed Document Amicus Brief , #2 Affidavit Declaration of Greg Quinlan , #3 Affidavit Declaration Robin Goodspeed , #4 Proposed Order (PDF Only) , #5 Exhibit Youtube video , #6 Exhibit Marriageconstitutionrestorationact.com)(Burris, Cynthia) (Modified on 9/18/2018 edited to reduce text)(evana, ). |
| Filing 34 First MOTION to File Amicus Brief by Movant National Alliance of Black Pastors. (Attachments: #1 Proposed Document Amicus Brief , #2 Affidavit of Reverend Charlene Cothran #3 Exhibit Resolution for the 2019 legislative session , #4 Exhibit Template for legislative research counsel , #5 Exhibit Concurrent Resolution for legislative sponsors in Colorado House and Senate )(Burris, Cynthia) (Modified on 9/18/2018 edited to reduce text)(evana, ). |
| Filing 33 SUMMONS Returned Executed by All Plaintiffs. Rita Lewis served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 32 SUMMONS Returned Executed by All Plaintiffs. Miguel Rene Elias served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 31 SUMMONS Returned Executed by All Plaintiffs. Jessica Pocock served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 30 SUMMONS Returned Executed by All Plaintiffs. Charles Garcia served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 29 SUMMONS Returned Executed by All Plaintiffs. Carol Fabrizio served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 28 SUMMONS Returned Executed by All Plaintiffs. Anthony Aragon served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 27 SUMMONS Returned Executed by All Plaintiffs. Aubrey Elenis served on 8/22/2018, answer due 10/10/2018; Aubrey (I) Elenis served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 26 SUMMONS Returned Executed by All Plaintiffs. Cynthia H. Coffman served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
| Filing 25 SUMMONS Returned Executed by All Plaintiffs. John Hickenlooper served on 8/22/2018, answer due 10/10/2018. (Campbell, James) |
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Filing 24
ORDER granting #22 Defendants' Motion for Extension of Time to Answer or Otherwise Respond to the Verified Complaint. The deadline for Defendants to respond to the operative complaint is extended until 10/10/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/11/2018. Text Only Entry (stvlc1, )
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| Filing 23 MEMORANDUM regarding #22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, filed by Jessica Pocock, Carol Fabrizio, Charles Garcia, Miguel Rene Elias, Cynthia H. Coffman, Rita Lewis, Aubrey Elenis, Aubrey (I) Elenis, John Hickenlooper, Anthony Aragon. Motion referred to Magistrate Judge Scott T. Varholak by Judge Wiley Y. Daniel on 9/11/18. Text Only Entry (rkeec) |
| Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, by Defendants Anthony Aragon, Cynthia H. Coffman, Aubrey Elenis, Aubrey (I) Elenis, Miguel Rene Elias, Carol Fabrizio, Charles Garcia, John Hickenlooper, Rita Lewis, Jessica Pocock. (Morrill, LeeAnn) |
| Filing 21 NOTICE OF CASE ASSOCIATION by LeeAnn Morrill on behalf of All Defendants (Morrill, LeeAnn) |
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Filing 20
MINUTE ORDER Plaintiffs' Unopposed Motion for Leave to File Oversized Memorandum of Law in Connection with Plaintiffs' Motion for Preliminary Injunction (ECF No. #19 ), filed on September 4, 2018, is GRANTED. Accordingly, the text of Plaintiffs' motion for preliminary injunction shall not exceed thirty (30) pages, the text of Defendants' response brief shall not exceed thirty (30) pages, and the text of Plaintiffs' reply brief shall not exceed fifteen (15) pages, by Judge Wiley Y. Daniel on 9/6/2018. (evana, )
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| Filing 19 Unopposed MOTION for Leave to File Oversized Memorandum of Law in Connection with Plaintiffs' Motion for Preliminary Injunction by Plaintiffs Masterpiece Cakeshop Incorporated, Jack Phillips. (Attachments: #1 Proposed Order (PDF Only))(Campbell, James) |
| Filing 18 NOTICE of Entry of Appearance by Jacquelynn Nichole Rich Fredericks on behalf of All Defendants Attorney Jacquelynn Nichole Rich Fredericks added to party Anthony Aragon(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Cynthia H. Coffman(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Aubrey Elenis(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Aubrey (I) Elenis (pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Miguel Rene Elias(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Carol Fabrizio(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Charles Garcia(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party John Hickenlooper(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Rita Lewis(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Jessica Pocock(pty:dft) (Rich Fredericks, Jacquelynn) |
| Filing 17 NOTICE of Entry of Appearance by Vincent Edward Morscher on behalf of All Defendants Attorney Vincent Edward Morscher added to party Anthony Aragon(pty:dft), Attorney Vincent Edward Morscher added to party Cynthia H. Coffman(pty:dft), Attorney Vincent Edward Morscher added to party Aubrey Elenis(pty:dft), Attorney Vincent Edward Morscher added to party Aubrey (I) Elenis (pty:dft), Attorney Vincent Edward Morscher added to party Miguel Rene Elias(pty:dft), Attorney Vincent Edward Morscher added to party Carol Fabrizio(pty:dft), Attorney Vincent Edward Morscher added to party Charles Garcia(pty:dft), Attorney Vincent Edward Morscher added to party John Hickenlooper(pty:dft), Attorney Vincent Edward Morscher added to party Rita Lewis(pty:dft), Attorney Vincent Edward Morscher added to party Jessica Pocock(pty:dft) (Morscher, Vincent) |
| Filing 16 NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of All Defendants Attorney Grant T. Sullivan added to party Anthony Aragon(pty:dft), Attorney Grant T. Sullivan added to party Cynthia H. Coffman(pty:dft), Attorney Grant T. Sullivan added to party Aubrey Elenis(pty:dft), Attorney Grant T. Sullivan added to party Aubrey (I) Elenis (pty:dft), Attorney Grant T. Sullivan added to party Miguel Rene Elias(pty:dft), Attorney Grant T. Sullivan added to party Carol Fabrizio(pty:dft), Attorney Grant T. Sullivan added to party Charles Garcia(pty:dft), Attorney Grant T. Sullivan added to party John Hickenlooper(pty:dft), Attorney Grant T. Sullivan added to party Rita Lewis(pty:dft), Attorney Grant T. Sullivan added to party Jessica Pocock(pty:dft) (Sullivan, Grant) |
| Filing 15 NOTICE of Entry of Appearance by LeeAnn Morrill on behalf of All Defendants Attorney LeeAnn Morrill added to party Anthony Aragon(pty:dft), Attorney LeeAnn Morrill added to party Cynthia H. Coffman(pty:dft), Attorney LeeAnn Morrill added to party Aubrey Elenis(pty:dft), Attorney LeeAnn Morrill added to party Aubrey (I) Elenis (pty:dft), Attorney LeeAnn Morrill added to party Miguel Rene Elias(pty:dft), Attorney LeeAnn Morrill added to party Carol Fabrizio(pty:dft), Attorney LeeAnn Morrill added to party Charles Garcia(pty:dft), Attorney LeeAnn Morrill added to party John Hickenlooper(pty:dft), Attorney LeeAnn Morrill added to party Rita Lewis(pty:dft), Attorney LeeAnn Morrill added to party Jessica Pocock(pty:dft) (Morrill, LeeAnn) |
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Filing 14
ORDER Setting Scheduling Conference for 10/24/2018 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 8/21/2018. (jgonz, )
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Filing 13
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. That pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 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. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. By Judge Wiley Y. Daniel on 8/20/18. Text Only Entry (rkeec)
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| Filing 12 SUMMONS as to Rita Lewis issued by Clerk. (dbera, ) |
| Filing 11 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Magistrate Judge Consent Form) (dbera, ) |
| Filing 10 NOTICE of Entry of Appearance by Nicolle H. Martin on behalf of Masterpiece Cakeshop Incorporated, Jack PhillipsAttorney Nicolle H. Martin added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney Nicolle H. Martin added to party Jack Phillips(pty:pla) (Martin, Nicolle) |
| Filing 9 NOTICE of Entry of Appearance by Katherine Leone Anderson on behalf of Masterpiece Cakeshop Incorporated, Jack PhillipsAttorney Katherine Leone Anderson added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney Katherine Leone Anderson added to party Jack Phillips(pty:pla) (Anderson, Katherine) |
| Filing 8 NOTICE of Entry of Appearance by Kristen Kellie Waggoner on behalf of Masterpiece Cakeshop Incorporated, Jack PhillipsAttorney Kristen Kellie Waggoner added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney Kristen Kellie Waggoner added to party Jack Phillips(pty:pla) (Waggoner, Kristen) |
| Filing 7 NOTICE of Entry of Appearance by Jonathan Andrew Scruggs on behalf of Masterpiece Cakeshop Incorporated, Jack PhillipsAttorney Jonathan Andrew Scruggs added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney Jonathan Andrew Scruggs added to party Jack Phillips(pty:pla) (Scruggs, Jonathan) |
| Filing 6 NOTICE of Entry of Appearance by David Andrew Cortman on behalf of Masterpiece Cakeshop Incorporated, Jack PhillipsAttorney David Andrew Cortman added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney David Andrew Cortman added to party Jack Phillips(pty:pla) (Cortman, David) |
| Filing 5 NOTICE of Entry of Appearance by Jacob Paul Warner on behalf of Masterpiece Cakeshop Incorporated, Jack PhillipsAttorney Jacob Paul Warner added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney Jacob Paul Warner added to party Jack Phillips(pty:pla) (Warner, Jacob) |
| Filing 4 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (dbera, ) |
| Filing 3 NOTICE OF CASE ASSOCIATION by James A. Campbell on behalf of Masterpiece Cakeshop Incorporated, Jack Phillips (Campbell, James) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Campbell, James) |
| Filing 1 COMPLAINT against Anthony Aragon, Cynthia H. Coffman, Aubrey Elenis, Aubrey (I) Elenis, Miguel Rene Elias, Carol Fabrizio, Charles Garcia, John Hickenlooper, Rita Lewis, Jessica Pocock (Filing fee $ 400,Receipt Number 1082-6247415)Attorney James A. Campbell added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney James A. Campbell added to party Jack Phillips(pty:pla), filed by Jack Phillips, Masterpiece Cakeshop Incorporated. (Attachments: #1 Exhibit A to Complaint, #2 Summons of Anthony Aragon, #3 Summons of Aubrey Elenis, #4 Summons of Miguel Rene Elias, #5 Summons of Carol Fabrizio, #6 Summons of Charles Garcia, #7 Summons of Rita Lewis, #8 Summons of Jessica Pocock, #9 Summons of Cynthia Coffman, #10 Summons of John Hickenlooper, #11 Civil Cover Sheet)(Campbell, James) |
| Filing 1 COMPLAINT against Anthony Aragon, Cynthia H. Coffman, Aubrey Elenis, Aubrey (I) Elenis, Miguel Rene Elias, Carol Fabrizio, Charles Garcia, John Hickenlooper, Rita Lewis, Jessica Pocock (Filing fee $ 400,Receipt Number 1082-6247415)Attorney James A. Campbell added to party Masterpiece Cakeshop Incorporated(pty:pla), Attorney James A. Campbell added to party Jack Phillips(pty:pla), filed by Jack Phillips, Masterpiece Cakeshop Incorporated. (Attachments: # 1 Exhibit A to Complaint, # 2 Summons of Anthony Aragon, # 3 Summons of Aubrey Elenis, # 4 Summons of Miguel Rene Elias, # 5 Summons of Carol Fabrizio, # 6 Summons of Charles Garcia, # 7 Summons of Rita Lewis, # 8 Summons of Jessica Pocock, # 9 Summons of Cynthia Coffman, # 10 Summons of John Hickenlooper, # 11 Civil Cover Sheet)(Campbell, James) |
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