Twiford v. Correctional Health Partners, LLC et al
| Rainer James Twiford Jr. and James Rainer Twiford, Jr. |
| Steven Dawson, Wellington Duplessis, Monika Lovric, David Spicer, Laura Ethridge, Dominic Montoya, Michael Chitwood, Felix Gallardo, Jacob Bookout, Caleb Gonzales, Vanessa Padilla, Ely Dynes, Cassie Simmons, Kirk M. Taylor, Doe Corporations 1-10, Board of County Commissioners Pueblo County, Christina Kutnak, Eric Woodruff, Jill Hoggarth, Leah Baynes, Last Name Unknown Donna, Stefanie Arnold, Alexa Komornic, Jacob Mahan, Chaz Bryant, Michael Quintana, Curtis Martindale, Maria Dorn, Sykes First Name Unknown, Shelley Bryant, Robert Vigil, Sharon Allen, Jane Does 1-10, Jonathan Slater, Sandy Purkett, Mandy Barreras, Nicolas Berumen, John 1-10 Does, Jeremy Cardona, Charlee Mercer, Christopher Molina, Roman Hijar, Correctional Health Partners, LLC, Matthew Mattot, Briana Boughton, Physician Health Partners LLC, William Carrero, Rebecca Alderton, Board of County Commissioners of the County of Pueblo, Physician Health Partners, LLC, Donna, Sykes, Kirk (I) M. Taylor and Pueblo County |
| 1:2019cv03587 |
| December 18, 2019 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 2, 2021. A more recent docket listing may be available from PACER.
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Filing 73
Civil Case Terminated pursuant to the ORDER issued in this case on 2/25/21. Text Only Entry (jdyne, )
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Filing 72
ORDER granting #65 MOTION to Enforce Settlement. Defendants have provided a series of emails exchanged between counsel that indicate that an offer to settle on these terms was accepted by the plaintiff as indicated by plaintiff's counsel, and indeed, that plaintiff signed the Release agreement and was just waiting to get his signature notarized. See ECF Nos. 65-1, 65-2 and 65-3. Apparently the plaintiff thereafter changed his mind for unknown reasons. Plaintiff's lawyers have since withdrawn for reasons set forth in their respective motions, including "a fundamental disagreement with Mr. Twiford on how and whether it is proper to proceed in this litigation." ECF Nos. 66 and 67 at paragraphs 7. The Court granted the plaintiff until February 19, 2021 to respond to the motion to enforce the settlement. ECF No. 68. No response has been filed. The Court notes that a copy of the motion to enforce the settlement was contemporaneously served on the plaintiff by email to his lawyers, see ECF No. 65 at 5. After his lawyers withdrew, and at the Court's request, defendants' counsel attempted to serve the motion on the plaintiff again at his address at the Fremont Correctional Facility, which is the address he provided to the Court and counsel. ECF Nos. 69 and 70. It appears that plaintiff's former attorney also mailed the motion to plaintiff. See ECF No. 71 at 1. However, plaintiff apparently refused to accept the documents provided by defense counsel. See id. and ECF No. 71-1. The Court finds that plaintiff has had an opportunity to explain why he should not be bound by the settlement that his lawyer negotiated on his behalf and to which he agreed, but he has not done so. His lawyer represented that he had communicated with the plaintiff, that the plaintiff agreed with the settlement and its terms, and that he believed that the plaintiff was mentally competent to understand the nature of the settlement and accepted the terms under his own free will. See ECF No. 65-1 at 1. For all these reasons, the Court grants the motion to enforce settlement and orders that the case has been settled on the terms set forth in the Release agreement filed at ECF No. 65-4. That concludes the case, and the case will be closed. By Judge R. Brooke Jackson on 2/25/2021. Text Only Entry(rbjsec. )
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Filing 71
NOTICE re #69 Certificate of Mailing/Service by Defendant Board of County Commissioners of the County of Pueblo (Attachments: #1 Exhibit A - Returned Packet)(Kloster, Marni)
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Filing 70
CERTIFICATE of Mailing/Service re 68 Order on Motion to Withdraw as Attorney,,,,,,, #65 MOTION to Enforce Settlement by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 69
CERTIFICATE of Mailing/Service re #65 MOTION to Enforce Settlement by Defendant Board of County Commissioners of the County of Pueblo. (Kloster, Marni)
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Filing 68
ORDER granting #66 Motion to Withdraw as Attorney. Attorney Lauren E. Faraino and Alan Daniel Schindler terminated; granting #67 Motion to Withdraw as Attorney. Attorney Lauren E. Faraino and Alan Daniel Schindler are withdrawn. The Court accepts the representations of counsel, including that Mr. Twiford understands counsel's wish to withdraw and intends to proceed with the case pro se, and therefore, grants the motion to withdraw. The Court will not rule on the motion to enforce the settlement until Mr. Twiford has an opportunity to respond. The Court grants Mr. Twiford to 2/19/2021 to respond to the motion to enforce settlement at ECF No. 65. The Court requests that defense counsel provide a copy of ECF No. 65 to the plaintiff and file a certificate of service. By Judge R. Brooke Jackson on 1/26/2021. Text Only Entry(rbjsec.)
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Filing 67
MOTION to Withdraw as Attorney by Plaintiff James Rainer Twiford, Jr. (Faraino, Lauren)
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Filing 66
MOTION to Withdraw as Attorney by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 65
MOTION to Enforce Settlement by Defendant Board of County Commissioners of the County of Pueblo. (Attachments: #1 Exhibit A - August Email, #2 Exhibit B - September Emails, #3 Exhibit C - November Email, #4 Exhibit D - Release)(Kloster, Marni)
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Filing 64
ORDER granting in part and denying in part #48 Motion to Dismiss by Judge R. Brooke Jackson on 6/4/20.(jdyne, )
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Filing 63
REPLY to Response to #48 Partial MOTION to Dismiss Plaintiff's First and Second Claims for Relief filed by Defendants Nicolas Berumen, Board of County Commissioners of the County of Pueblo, Sandy Purkett, Robert Vigil. (Poppe, Nicholas)
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Filing 62
RESPONSE to #48 Partial MOTION to Dismiss Plaintiff's First and Second Claims for Relief filed by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 61
AMENDED ORDER re: 60 . ORDER granting #59 Unopposed MOTION for Leave to File Excess Pages TO RESPOND TO COUNTY DEFENDANTS MOTION TO DISMISS Order on Motion for Leave to File Excess Pages. **Amended to correct docket text. By Judge R. Brooke Jackson on 4/14/2020. Text Only Entry (rbjsec. )
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Filing 60
ORDER granting #59 Joint STATUS REPORT. By Judge R. Brooke Jackson on 4/14/2020. Text Only Entry(rbjsec. )
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Filing 59
Unopposed MOTION for Leave to File Excess Pages TO RESPOND TO COUNTY DEFENDANTS MOTION TO DISMISS by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 58
Joint STATUS REPORT by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 57
ORDER granting #56 Unopposed MOTION to Dismiss Party Correctional Health Partners, LLC (CHP), Stefanie Arnold, Leah Baynes, Laura Ethridge, Briana Boughton, Mandy Barreras, Sharon Allen and Jill Hoggarth. The Court finds the motion at ECF No. 52 to be moot. The Court requests that the parties' clarify what is left of the complaint and in light of the nature of the case and the dismissal of the medical defendants, whether they intend to dismiss or settle with the remaining defendants. Please file a joint status report within one week. By Judge R. Brooke Jackson on 4/13/2020. Text Only Entry(rbjsec. )
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Filing 56
Unopposed MOTION to Dismiss Party Correctional Health Partners, LLC (CHP), Stefanie Arnold, Leah Baynes, Laura Ethridge, Briana Boughton, Mandy Barreras, Sharon Allen and Jill Hoggarth by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 55
STIPULATION of Dismissal of Party William Carrero, Steven Dawson, Jeremy Cardona, Wellington Duplessis, Matthew Mattot, Michael Quintana, David Spicer, Felix Gallardo, and Roman Hijar by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 54
ORDER granting #53 Unopposed MOTION for Extension of Time to Respond to Defendants Motions to Dismiss. The plaintiff is granted through and including April 24, 2020 and April 27, 2020 respectfully, within which to submit his response to Defendants respective Motions to Dismiss. By Judge R. Brooke Jackson on 3/24/2020. Text Only Entry(rbjsec. )
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Filing 53
Unopposed MOTION for Extension of Time to Respond to Defendants Motions to Dismiss by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan)
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Filing 52
MOTION to Dismiss by Defendants Sharon Allen, Stefanie Arnold, Mandy Barreras, Leah Baynes, Briana Boughton, Correctional Health Partners, LLC, Laura Ethridge, Jill Hoggarth. (Attachments: #1 Exhibit A -Plea Agreement, #2 Exhibit B - Register of Actions)(Ringel, Andrew)
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Filing 51
ORDER granting #50 Unopposed MOTION to Stay the Case Pending Determination of Qualified Immunity. The Court notes that in the conferral certification in ECF No. 48, the moving defendants state, Defense counsel hereby confirms that they conferred with counsel for Plaintiff, who, atthis time, opposes the relief requested. (emphasis added). The Court infers that plaintiff might be considering voluntary dismissal of the claims against the moving defendants. If so, the Court urges plaintiff to make that decision as promptly as possible so that unnecessary briefing on both sides may be avoided if that will be the ultimate decision. By Judge R. Brooke Jackson on 3/20/2020. Text Only Entry(rbjsec. )
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Filing 50
Unopposed MOTION to Stay the Case Pending Determination of Qualified Immunity by Defendants Nicolas Berumen, Board of County Commissioners of the County of Pueblo, Jeremy Cardona, Steven Dawson, Wellington Duplessis, Felix Gallardo, Matthew Mattot, Sandy Purkett, Michael Quintana, David Spicer, Robert Vigil. (Poppe, Nicholas)
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Filing 49
Partial ANSWER to #36 Amended Complaint by Board of County Commissioners of the County of Pueblo.(Poppe, Nicholas)
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Filing 48
Partial MOTION to Dismiss Plaintiff's First and Second Claims for Relief by Defendants Nicolas Berumen, Board of County Commissioners of the County of Pueblo, Jeremy Cardona, Steven Dawson, Wellington Duplessis, Felix Gallardo, Matthew Mattot, Sandy Purkett, Michael Quintana, David Spicer, Robert Vigil. (Attachments: #1 Exhibit A)(Poppe, Nicholas)
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Filing 47
WAIVER OF SERVICE Returned Executed by James Rainer Twiford, Jr. Laura Ethridge waiver sent on 3/17/2020, answer due 5/18/2020. (Schindler, Alan)
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Filing 46
LETTER to Honorable R. Brooke Jackson by Defendants Nicolas Berumen, Board of County Commissioners of the County of Pueblo, Jeremy Cardona, Steven Dawson, Wellington Duplessis, Felix Gallardo, Matthew Mattot, Sandy Purkett, Michael Quintana, David Spicer, Robert Vigil. (Poppe, Nicholas)
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Filing 45
LETTER to Honorable R. Brooke Jackson by Defendants Sharon Allen, Stefanie Arnold, Mandy Barreras, Leah Baynes, Briana Boughton, Correctional Health Partners, LLC, Jill Hoggarth. (Ringel, Andrew)
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Filing 44
SCHEDULING ORDER: by Judge R. Brooke Jackson on 3/2/20. (jdyne, )
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Filing 43
ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a two-week Jury Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on June 21, 2021 at 9:00 a.m. A Trial Preparation Conference is set for April 7, 2021 at 9:00 a.m. Please see the attached order for details. By Judge R. Brooke Jackson on 3/2/2020. (rbjsec. )
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Filing 42
COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Scheduling Conference held on 3/2/2020. Discovery due by 12/21/2020. Two week Jury Trial set to commence 6/21/2021 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 4/7/2021 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (jdyne, )
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Filing 41
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Board of County Commissioners of the County of Pueblo. Board of County Commissioners of the County of Pueblo answer due 3/20/2020. (Poppe, Nicholas)
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Filing 40
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Correctional Health Partners, LLC.. (Ringel, Andrew)
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Filing 39
STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 2/21/20. (jdyne, )
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Filing 38
ORDER granting #37 Joint Motion for Protective Order. By Judge R. Brooke Jackson on 2/21/2020. Text Only Entry(rbjsec. )
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Filing 37
Joint MOTION for Protective Order Stipulated by Plaintiff James Rainer Twiford, Jr. (Attachments: #1 Exhibit A)(Schindler, Alan)
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| Filing 36 AMENDED COMPLAINT against All Defendants, filed by James Rainer Twiford, Jr.(Schindler, Alan) |
| Filing 35 NOTICE of Filing Amended Pleading re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr (Attachments: #1 Exhibit A)(Schindler, Alan) |
| ***Party John & Jane Does 1-10 and Doe Corporations 1-10, added. Party Shelley Bryant (individually ), Michael Chitwood (individually ), Ely Dynes (individually ), Alexa Komornic (individually ), Jacob Mahan (individually ), Curtis Martindale (individually ), Christopher Molina (individually ), Dominic Montoya (individually ), Vanessa Padilla (individually ), Michael Quintana (individually ), Sykes ([First Name Unknown], individually, John and Jane Does 1-10, and Doe Corporations 1-10), Jacob Bookout (individually ) and Chaz Bryant (individually ) terminated., filed by James Rainer Twiford, Jr.(apesa, ) |
| ***Party Michael Quintana added.Party Maria Dorn (individually ), Caleb Gonzales (individually ), Christina Kutnak (individually ), Monika Lovric (individually ), Charlee Mercer (individually ), Cassie Simmons (individually ), Jonathan Slater (individually ), Kirk M. Taylor (in his official capacity as Pueblo County Sheriff), Kirk (I) M. Taylor (individually ), Eric Woodruff (individually ), Rebecca Alderton (individually ) and Donna ([Last Name Unknown], individually ) terminated., filed by James Rainer Twiford, Jr.(apesa, ) |
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Filing 34
ORDER granting #33 Motion to Dismiss Defendant Physician Health Partners, LLC by Judge R. Brooke Jackson on 2/12/20. Text Only Entry(jdyne, )
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| Filing 33 Joint MOTION to Dismiss Defendant Physician Health Partners, LLC (Stipulated) by Defendant Physician Health Partners, LLC. (Ringel, Andrew) |
| Filing 32 NOTICE of Entry of Appearance by Marni Nathan Kloster on behalf of Board of County Commissioners of the County of PuebloAttorney Marni Nathan Kloster added to party Board of County Commissioners of the County of Pueblo(pty:dft) (Kloster, Marni) |
| Filing 31 NOTICE of Entry of Appearance by Nicholas Christaan Poppe on behalf of Board of County Commissioners of the County of PuebloAttorney Nicholas Christaan Poppe added to party Board of County Commissioners of the County of Pueblo(pty:dft) (Poppe, Nicholas) |
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Filing 30
ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. In light of the decline of consent to a magistrate judge by one or more of the parties in this case and its reassignment to this Court, theScheduling Conference set March 2, 2020 at 10:00 a.m. before Magistrate Judge Kathleen M. Tafoya will instead be heard by Judge R. Brooke Jackson. Each partys lead trial counsel shall attend the conference. The conference shall be held in Courtroom A-902, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. By Judge R. Brooke Jackson on 1/16/2020. (rbjsec. )
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| Filing 29 CASE REASSIGNED pursuant to #28 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 19-cv-03587-RBJ. (Text Only Entry) (jgonz, ) |
| Filing 28 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff James Rainer Twiford, Jr All parties do not consent.. (Schindler, Alan) |
| Filing 27 NOTICE of Entry of Appearance by David Ben Gelman on behalf of Correctional Health Partners, LLCAttorney David Ben Gelman added to party Correctional Health Partners, LLC(pty:dft) (Gelman, David) |
| Filing 26 NOTICE of Entry of Appearance by Andrew David Ringel on behalf of Correctional Health Partners, LLCAttorney Andrew David Ringel added to party Correctional Health Partners, LLC(pty:dft) (Ringel, Andrew) |
| Filing 25 WAIVER OF SERVICE Returned Executed by James Rainer Twiford, Jr. Board of County Commissioners of the County of Pueblo waiver sent on 1/7/2020, answer due 3/9/2020. (Schindler, Alan) |
| Filing 24 WAIVER OF SERVICE Returned Executed by James Rainer Twiford, Jr. Correctional Health Partners, LLC waiver sent on 1/8/2020, answer due 3/9/2020. (Schindler, Alan) |
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Filing 23
ORDER Setting Scheduling Conference for 3/2/2020 10:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 2/24/2020. By Magistrate Judge Kathleen M. Tafoya on 12/30/2019. (ksena)
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| Filing 22 SUMMONSES issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (jgonz, ) |
| Filing 21 SUMMONS REQUEST as to Physician Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 20 SUMMONS REQUEST as to County of Pueblo re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 19 SUMMONS REQUEST as to Correctional Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 18 SUMMONSES issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, ) |
| Filing 17 Administrative Notice: Summons for entries 11,12, and 13 will not be issued. No compliance with deficiency. Summons request entries 11,12, and 13 are still incomplete. (nmarb, ) . |
| Filing 16 SUMMONS REQUEST as to County of Pueblo re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 15 SUMMONS REQUEST as to Correctional Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 14 SUMMONS REQUEST as to Correctional Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 13 SUMMONS REQUEST as to County of Pueblo re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 12 SUMMONS REQUEST as to Physician Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 11 SUMMONS REQUEST as to Correctional Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 10 Administrative Notice: Summonses are incomplete and will not be issued (Text Only Entry) (angar, ) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
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Filing 8
ORDER Drawing Case, by Magistrate Judge Gordon P. Gallagher on 12/23/2019. This case is randomly reassigned to Magistrate Judge Kathleen M. Tafoya for all further proceedings. All future pleadings should be designated as 19-cv-3587-KMT (angar, )
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| Filing 7 NOTICE of Entry of Appearance by Lauren E. Faraino on behalf of James Rainer Twiford, JrAttorney Lauren E. Faraino added to party James Rainer Twiford, Jr(pty:pla) (Faraino, Lauren) |
| Filing 6 SUMMONS REQUEST as to Physician Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 5 SUMMONS REQUEST as to County of Pueblo re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 4 SUMMONS REQUEST as to Correctional Health Partners re #1 Complaint,,,, by Plaintiff James Rainer Twiford, Jr. (Schindler, Alan) |
| Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (trvo, ) |
| Filing 2 NOTICE re #1 Complaint,,,, Civil Cover Sheet by Plaintiff Rainer James Twiford Jr. (Schindler, Alan) |
| Filing 1 COMPLAINT against Rebecca Alderton, Sharon Allen, Stefanie Arnold, Mandy Barreras, Leah Baynes, Nicolas Berumen, Board of County Commissioners Pueblo County, Jacob Bookout, Briana Boughton, Chaz Bryant, Shelley Bryant, Jeremy Cardona, William Carrero, Michael Chitwood, Correctional Health Partners, LLC, Steven Dawson, Doe Corporations 1-10, John 1-10 Does, Jane Does 1-10, Last Name Unknown Donna, Maria Dorn, Wellington Duplessis, Ely Dynes, Laura Ethridge, Sykes First Name Unknown, Felix Gallardo, Caleb Gonzales, Roman Hijar, Jill Hoggarth, Alexa Komornic, Christina Kutnak, Monika Lovric, Jacob Mahan, Curtis Martindale, Matthew Mattot, Charlee Mercer, Christopher Molina, Dominic Montoya, Vanessa Padilla, Physician Health Partners LLC, Sandy Purkett, Michael Quintana, Cassie Simmons, Jonathan Slater, David Spicer, Kirk M. Taylor, Robert Vigil, Eric Woodruff (Filing fee $ 400,Receipt Number 1082-7052791)Attorney Alan Daniel Schindler added to party Rainer James Twiford Jr. (pty:pla), filed by Rainer James Twiford Jr..(Schindler, Alan) |
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