Turner v. Diaz et al
Plaintiff: Cartenous Turner
Defendant: Lisa Atteberry, Jacob Alfonso, Mario Diaz, Justin Preedy, David Sweringen, Brian Smith, Anthony Garcia-Serna and David Keifer
Case Number: 1:2020cv00281
Filed: February 3, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Christine M Arguello
Referring Judge: Kathleen M Tafoya
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 ef
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2021 Opinion or Order Filing 108 MINUTE ORDER granting #106 Motion to Amend Scheduling Order. The deadlines are extended as follows: (a) the parties shall designate all affirmative experts and provide all other parties with all information specified in Fed.R.Civ.P. 26(a)(2) on or before February 11, 2022; (b) the parties shall designate all rebuttal experts and provide all other parties with all information specified in Fed.R.Civ.P. 26(a)(2) on or before March 14, 2022; (d) the parties have until March 11, 2022 for service of any and all written discovery requests; (e) the parties have until April 13, 2022 for close of all discovery including completion of all depositions; and (f) the parties have until May 13, 2022 to prepare and file dispositive motions. The parties shall file their proposed final pretrial order no later than July 11, 2022. The Final Pretrial Conference is reset for July 18, 2022 9:30 AM before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 11/12/21. Text Only Entry(kmtlc1 )
November 7, 2021 Opinion or Order Filing 107 MEMORANDUM regarding #106 First MOTION to Amend/Correct/Modify #101 Scheduling Order filed by Brian Smith, Anthony Garcia-Serna, Lisa Atteberry, David Keifer. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 11/7/2021. Text Only Entry (cmasec)
November 5, 2021 Filing 106 First MOTION to Amend/Correct/Modify #101 Scheduling Order by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Attachments: #1 Exhibit A - Conferral Communications with Plaintiff)(Hegarty, Matthew)
October 25, 2021 Filing 105 MEMORANDUM regarding #104 MOTION to Compel Discovery Responses From Plaintiff From County Defendants filed by Brian Smith, Anthony Garcia-Serna, Lisa Atteberry, David Keifer. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 10/25/2021. Text Only Entry (cmasec)
October 22, 2021 Filing 104 MOTION to Compel Discovery Responses From Plaintiff From County Defendants by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Attachments: #1 Exhibit A - County Defs' First Set of Written Discovery Requests to Plf, #2 Exhibit B - County Defs' Good Faith Conferral Ltr and Attachments, #3 Exhibit C - County Defs' Email to Plf Attaching Good-Faith Conferral Ltr, #4 Exhibit D - Unpublished Decisions)(Hoffman, Katherine)
June 11, 2021 Filing 103 NOTICE of Service of County Defendants' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(A)(1) by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith (Hegarty, Matthew)
May 25, 2021 Opinion or Order Filing 102 ORDER adopting #101 Scheduling Order with modifications. By Magistrate Judge Kathleen M. Tafoya on 5/25/2021. (evaug )
May 25, 2021 Opinion or Order Filing 101 SCHEDULING ORDER: Discovery due by 1/12/2022. Dispositive Motions due by 2/11/2022. By Magistrate Judge Kathleen M. Tafoya on 5/24/2021. (evaug )
May 20, 2021 Filing 100 NOTICE of Service of Unsigned Second Revised [But "First Amended"] Draft of Proposed Civil Scheduling Order Upon Pro Se Plaintiff From County Defendants by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith (Attachments: #1 Exhibit A -- Service Email to KMT Chambers with Copy of Email to Plf)(Hegarty, Matthew)
May 20, 2021 Filing 99 Proposed Scheduling Order (First Amended) by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Hegarty, Matthew)
May 18, 2021 Filing 98 NOTICE to Withdraw re #87 MOTION to Enforce Settlement Agreement by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy (Vaughan, Gordon)
May 12, 2021 Opinion or Order Filing 97 ORDER: The #95 Proposed Scheduling Order submitted by Defendants has not been approved and signed by Plaintiff. Accordingly, the scheduling order will not be entered. NO LATER THAN MAY 21, 2021, the parties shall file a proposed scheduling order that has been approved and signed by Plaintiff and counsel for Defendants. By Magistrate Judge Kathleen M. Tafoya on 5/12/21. Text Only Entry (kmtlc1 )
May 10, 2021 Filing 96 NOTICE of Service of Unsigned Revised Draft of Proposed Civil Scheduling Order Upon Pro Se Plaintiff From County Defendants by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith (Attachments: #1 Exhibit A -- Letter to Plf Attaching Track Changes Copy and Clean Copy of Proposed CSO, #2 Exhibit B -- Service Email to KMT Chambers with Copy of Email and Its Attachments to Plf)(Hegarty, Matthew)
May 10, 2021 Filing 95 Proposed Scheduling Order by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Hegarty, Matthew)
May 3, 2021 Filing 94 ANSWER to #27 Amended Complaint, by David Keifer.(Hoffman, Katherine)
May 3, 2021 Filing 93 ANSWER to #27 Amended Complaint, by Anthony Garcia-Serna.(Hoffman, Katherine)
May 3, 2021 Filing 92 ANSWER to #27 Amended Complaint, by Brian Smith.(Hoffman, Katherine)
May 3, 2021 Filing 91 ANSWER to #27 Amended Complaint, by Lisa Atteberry.(Hoffman, Katherine)
May 3, 2021 Filing 90 NOTICE of Entry of Appearance by Katherine Hoffman on behalf of Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian SmithAttorney Katherine Hoffman added to party Lisa Atteberry(pty:dft), Attorney Katherine Hoffman added to party Anthony Garcia-Serna(pty:dft), Attorney Katherine Hoffman added to party David Keifer(pty:dft), Attorney Katherine Hoffman added to party Brian Smith(pty:dft) (Hoffman, Katherine)
April 14, 2021 Filing 89 NOTICE of Service of Unsigned Draft of Proposed Civil Scheduling Order Upon Pro Se Plaintiff From County Defendants by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith (Attachments: #1 Exhibit A - 2021-04-14 Ltr to Plaintiff re Draft of Proposed CSO SIGNED, #2 Exhibit B - Draft Proposed CSO to PLF 04-14(7480018.1))(Hegarty, Matthew)
April 13, 2021 Filing 88 NOTICE of Change of Address/Contact Information by Rachel B. Maxam (Maxam, Rachel)
April 13, 2021 Filing 87 WITHDRAWN MOTION to Enforce Settlement Agreement by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Attachments: #1 Exhibit EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C, #4 EXHIBIT D, #5 EXHIBIT E, #6 EXHIBIT F)(Vaughan, Gordon) (Modified on 5/19/2021 Withdrawn pursuant to #98 )(evana, ).
April 12, 2021 Opinion or Order Filing 86 ORDER granting #84 Motion for Extension of Time to Answer or Otherwise Respond. Lisa Atteberry answer due 5/3/2021; Anthony Garcia-Serna answer due 5/3/2021; David Keifer answer due 5/3/2021; Brian Smith answer due 5/3/2021.By Magistrate Judge Kathleen M. Tafoya on 4/12/21. Text Only Entry(kmtlc1 )
April 12, 2021 Filing 85 MEMORANDUM regarding #84 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #27 Amended Complaint, filed by Brian Smith, Anthony Garcia-Serna, Lisa Atteberry, David Keifer. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 4/12/2021. Text Only Entry (cmasec)
April 9, 2021 Filing 84 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #27 Amended Complaint, by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Hegarty, Matthew)
April 2, 2021 Filing 83 NOTICE of Plaintiff's Mailing Address and Phone Number by Plaintiff Cartenous Turner (Maxam, Rachel)
April 2, 2021 Filing 82 CERTIFICATE of Mailing/Service re 81 Order on Motion to Withdraw as Attorney,, by Plaintiff Cartenous Turner. (Maxam, Rachel)
April 1, 2021 Opinion or Order Filing 81 ORDER granting #79 Motion to Withdraw as Counsel for Plaintiff and Request for 30-Day Extension of All Deadlines. Attorneys Raymond K. Bryant and Rachel B. Maxam are relieved of further representation of Plaintiff. No later than April 2, 2021, Attorneys Bryant and Maxam shall file a notice with the Court and provide Plaintiff's current mailing address and telephone number. Also, no later than April 2, 2020, Attorneys Bryant and Maxam shall mail a copy of this Order to Plaintiff and file a certificate of mailing with the Court. The deadline for the parties to file a proposed Scheduling Order is reset to 5/10/2021. By Magistrate Judge Kathleen M. Tafoya on 4/1/21. Text Only Entry(kmtlc1 )
April 1, 2021 Filing 80 MEMORANDUM regarding #79 Unopposed MOTION to Withdraw as Attorney filed by Cartenous Turner. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 4/1/2021. Text Only Entry (cmasec)
April 1, 2021 Filing 79 Unopposed MOTION to Withdraw as Attorney by Plaintiff Cartenous Turner. (Bryant, Raymond)
March 30, 2021 Opinion or Order Filing 78 ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court finds that the City Defendants' Motion to Dismiss Second Amended Complaint (Doc. #30 ) and the portions of the February 11, 2021 Recommendation of United States Magistrate Judge (Doc. #70 ) that relate to said Motion are MOOT; the remainder of the February 11, 2021 Recommendation of United States Magistrate Judge (Doc. #70 ) is AFFIRMED AND ADOPTED as an Order of this Court; and the County Officers' Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. #32 ) is DENIED, by Judge Christine M. Arguello on 3/30/2021.(evana, )
March 28, 2021 Filing 77 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a) Raymond K. Bryant was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
March 11, 2021 Filing 76 RESPONSE to Objection to #70 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #32 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Brian Smith, Anthony Garcia-Serna, Lisa Atteberry, David Keifer, #30 MOTION to Dismiss Second Amended Com filed by Plaintiff Cartenous Turner. (Maxam, Rachel)
March 4, 2021 Opinion or Order Filing 75 ORDER: Granting #74 Stipulated Motion to Dismiss Defendants Mario Diaz, Justin Preedy, and Jacob Alfonso With Prejudice. Plaintiffs claims against Defendants Mario Diaz, Justin Preedy, and Jacob Alfonso are dismissed with prejudice. The caption on all subsequent filings shall reflect the removal of Mario Diaz, Justin Preedy, and Jacob Alfonso as a Defendant in this case. Each party to pay their own costs and fees. SO ORDERED by Judge Christine M. Arguello on 3/4/2021. Text Only Entry(cmasec)
March 3, 2021 Filing 74 Stipulated MOTION to Dismiss Defendants Mario Diaz, Justin Preedy, and Jacob Alfonso, with Prejudice by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Stipulated Motion to Dismiss Defendants Mario Diaz, Justin Preedy, and Jacob Alfonso, With Prejudice)(Vaughan, Gordon)
March 3, 2021 Filing 73 NOTICE OF PARTIAL RESOLUTION OF CASE by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy (Vaughan, Gordon)
February 25, 2021 Filing 72 OBJECTION to #70 Report and Recommendations filed by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Hegarty, Matthew)
February 11, 2021 Opinion or Order Filing 71 MINUTE ORDER denying as moot #64 Motion to Stay, based on the court's #63 Recommendation. Due to the ongoing COVID-19 (Coronavirus Disease) outbreak, a Scheduling Conference will not be set at this time. The parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing Procedures, on or before April 5, 2021. By Magistrate Judge Kathleen M. Tafoya on 2/11/2021. Text Only Entry(kmtlc1 )
February 11, 2021 Filing 70 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Kathleen M. Tafoya on 2/11/2021. This court respectfully RECOMMENDS that the City Defendants #30 Motion to Dismiss Second Amended Complaint be GRANTED only on Plaintiffs claim for failure to intervene regarding Defendant Garcia-Sernas yanking on Plaintiffs handcuffs, to the extent Plaintiff asserts such a claim. This claim should be dismissed with prejudice against Defendants Diaz, Preedy and Alfonso, and they should be granted qualified immunity on the claim. The motion should be DENIED in all other respects. This court further RECOMMENDS that the County Officers #32 Motion to Dismiss Plaintiffs Second Amended Complaint be DENIED in its entirety. (jgonz, )
December 29, 2020 Filing 69 REPLY to Response to #64 Renewed MOTION to Stay DISCOVERY PENDING RULINGS ON MOTIONS TO DISMISS filed by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy, (Vaughan, Gordon) (Modified on 12/29/2020 edited to correct the names of the defendant party filers)(evana, ).
December 17, 2020 Opinion or Order Filing 68 ORDER Granting #67 Motion to Withdraw as Attorney. Attorney Brenda Desmond is permitted to withdraw as counsel for Defendants Kiefer, Garcia-Serna, Smith, and Atteberry. The Court notes that Defendants continue to be represented by Messrs. Vaughan and Hegarty and Ms. Dale. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Desmond's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 12/17/2020. Text Only Entry(cmasec)
December 17, 2020 Filing 67 MOTION to Withdraw as Attorney Brenden Desmond by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Hegarty, Matthew)
December 15, 2020 Filing 66 RESPONSE to #64 Renewed MOTION to Stay DISCOVERY PENDING RULINGS ON MOTIONS TO DISMISS filed by Plaintiff Cartenous Turner. (Bryant, Raymond)
November 25, 2020 Filing 65 MEMORANDUM regarding #64 Renewed MOTION to Stay DISCOVERY PENDING RULINGS ON MOTIONS TO DISMISS filed by Brian Smith, Anthony Garcia-Serna, Jacob Alfonso, Justin Preedy, Mario Diaz, Lisa Atteberry, David Keifer. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 11/25/2020. Text Only Entry (cmasec)
November 24, 2020 Filing 64 Renewed MOTION to Stay DISCOVERY PENDING RULINGS ON MOTIONS TO DISMISS by Defendants Jacob Alfonso, Lisa Atteberry, Mario Diaz, Anthony Garcia-Serna, David Keifer, Justin Preedy, Brian Smith. (Vaughan, Gordon)
November 16, 2020 Filing 63 MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Settlement Conference held on 11/16/2020. No settlement was reached as to any claims in this action. The STAY pursuant to Doc. No. 59, is LIFTED. (jgonz, )
October 9, 2020 Opinion or Order Filing 62 ORDER by Magistrate Judge Kathleen M. Tafoya on 10/9/2020. Settlement Conference set for 11/16/2020 11:00 AM before Magistrate Judge Kathleen M. Tafoya. (jgonz, )
October 7, 2020 Opinion or Order Filing 61 ORDER granting #57 Motion to Withdraw as Attorney. Attorney Gillian Dale is permitted to withdraw as counsel for Defendants David Keifer, Anthony Garcia-Serna, Brian Smith, and Lisa Atteberry. The Court notes that Defendants continue to be represented by Brenden Desmond. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Dale's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 10/7/2020. Text Only Entry(cmasec)
October 7, 2020 Filing 60 NOTICE of Entry of Appearance by Matthew Joseph Hegarty on behalf of Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian SmithAttorney Matthew Joseph Hegarty added to party Lisa Atteberry(pty:dft), Attorney Matthew Joseph Hegarty added to party Anthony Garcia-Serna(pty:dft), Attorney Matthew Joseph Hegarty added to party David Keifer(pty:dft), Attorney Matthew Joseph Hegarty added to party Brian Smith(pty:dft) (Hegarty, Matthew)
October 7, 2020 Opinion or Order Filing 59 MINUTE ORDER: This case is STAYED, pursuant to D.C.COLO.LCivR 16.6, to facilitate settlement. In the event a settlement is not reached at the upcoming conference, the court will issue a forthwith recommendation on the motions to dismiss and reset the deadline for the parties to submit a proposed scheduling order, if necessary. Accordingly, the #34 Defendants' Joint Motion to Stay Discovery Pending Rulings on Motions to Dismiss are is DENIED as moot. By Magistrate Judge Kathleen M. Tafoya on 10/7/2020.(kmtlc1 )
October 7, 2020 Opinion or Order Filing 58 MINUTE ORDER: On October 9, 2020, at 10:00 a.m., counsel for the parties shall initiate a conference call and contact chambers, 719-575-0328, to set a settlement conference. By Magistrate Judge Kathleen M. Tafoya on 10/7/2020. Text Only Entry (kmtlc1 )
October 6, 2020 Filing 57 MOTION to Withdraw as Attorney by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Dale, Gillian)
September 21, 2020 Filing 56 Conventionally Submitted Material : 1 CD containing Exhibits to #30 MOTION to Dismiss Second Amended Complaint by Defendants Jacob Alfonso, Mario Diaz, David Keifer, Justin Preedy. Text Only Entry. Located in Clerk's Office oversized area A-3-7 (cmadr, )
September 21, 2020 Filing 55 Conventionally Submitted Material : 1 CD containing Video Exhibits to #32 MOTION to Dismiss Plaintiff's Second Amended Complaint by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. Text Only Entry. Located in Clerk's Office oversized area A-3-7 (cmadr, )
September 10, 2020 Opinion or Order Filing 54 ORDER to Submit Settlement Statements, by Magistrate Judge Kathleen M. Tafoya on 9/10/2020. (jgonz, )
September 10, 2020 Opinion or Order Filing 53 ORDER Granting #52 Joint Motion for Settlement Conference. Magistrate Judge Tafoya is authorized to conduct a settlement conference in this matter. The parties are DIRECTED to contact Magistrate Judge Tafoya's Chambers to obtain appropriate dates for a settlement conference in this matter. SO ORDERED by Judge Christine M. Arguello on 9/10/2020. Text Only Entry(cmasec)
September 9, 2020 Filing 52 Joint MOTION for Hearing/Conference (Settlement Conference) by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Attachments: #1 Proposed Order (PDF Only))(Vaughan, Gordon)
June 19, 2020 Filing 51 REPLY to Response to #30 MOTION to Dismiss Second Amended Complaint City Defendants' Reply in Support of Motion to Dismiss Second Amended Complaint filed by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Vaughan, Gordon)
June 19, 2020 Filing 50 REPLY to Response to #32 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Desmond, Brenden)
June 5, 2020 Filing 49 RESPONSE to #32 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Plaintiff Cartenous Turner. (Attachments: #1 Exhibit Ex. 1)(Maxam, Rachel)
June 5, 2020 Filing 48 REPLY to Response to #34 MOTION to Stay Defendants' Joint Motion to Stay Discovery Pending Rulings on Motions to Dismiss Defendants' Joint Reply in Support of Joint Motion to Stay Discovery Pending Ruling on Motion to Dismiss filed by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Vaughan, Gordon)
June 4, 2020 Opinion or Order Filing 47 MINUTE ORDER: The #45 Response to Defendants' Motions to Dismiss is STRICKEN. Plaintiff may file an amended response no later than June 5, 2020. By Magistrate Judge Kathleen M. Tafoya on 6/4/2020. Text Only Entry (kmtlc1 )
June 4, 2020 Opinion or Order Filing 46 MINUTE ORDER granting in part #42 Motion to File Combined Response to Defendants' Motions to Dismiss. The 15-page limitation seems perfectly reasonable given the issues. If Plaintiff desires to file a combined response, it may not exceed 30 pages (15 pages per motion). By Magistrate Judge Kathleen M. Tafoya on 6/4/2020. Text Only Entry(kmtlc1 )
June 4, 2020 Filing 45 STRICKEN RESPONSE to #32 MOTION to Dismiss Plaintiff's Second Amended Complaint, #30 MOTION to Dismiss Second Amended Complaint filed by Plaintiff Cartenous Turner. (Attachments: #1 Exhibit Ex. 1)(Maxam, Rachel) Modified on 6/5/2020 to strike pursuant to Minute Order # 47 (jgonz, ).
June 4, 2020 Filing 44 MEMORANDUM regarding #42 MOTION for Leave to File Combined Response to Defendants' Motions to Dismiss and for Excess Pages filed by Cartenous Turner. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 6/4/2020. Text Only Entry (cmasec)
June 3, 2020 Filing 43 RESPONSE to #42 MOTION for Leave to File Combined Response to Defendants' Motions to Dismiss and for Excess Pages Defendants' Joint Response to Plaintiff's Motion to Exceed Page Limitations filed by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Vaughan, Gordon)
June 3, 2020 Filing 42 MOTION for Leave to File Combined Response to Defendants' Motions to Dismiss and for Excess Pages by Plaintiff Cartenous Turner. (Maxam, Rachel)
June 1, 2020 Filing 41 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Cartenous Turner All parties do not consent.. (Bryant, Raymond)
May 29, 2020 Opinion or Order Filing 40 MINUTE ORDER granting #38 Motion to Exceed Page Limitations Re: Response to Defendants' Motion to Stay Discovery. The #37 Response is accepted as filed. By Magistrate Judge Kathleen M. Tafoya on 5/29/2020. Text Only Entry(kmtlc1 )
May 29, 2020 Filing 39 MEMORANDUM regarding #38 MOTION for Leave to File Excess Pages Re: Plaintiff's Response to Stay of Discovery filed by Cartenous Turner. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 5/29/2020. Text Only Entry (cmasec)
May 29, 2020 Filing 38 MOTION for Leave to File Excess Pages Re: Plaintiff's Response to Stay of Discovery by Plaintiff Cartenous Turner. (Bryant, Raymond)
May 22, 2020 Filing 37 RESPONSE to #34 MOTION to Stay Defendants' Joint Motion to Stay Discovery Pending Rulings on Motions to Dismiss filed by Plaintiff Cartenous Turner. (Bryant, Raymond)
May 19, 2020 Opinion or Order Filing 36 MINUTE ORDER: The deadline for the parties to file their proposed Scheduling Order is stayed pending ruling on #34 Defendants' Joint Motion to Stay Discovery Pending Rulings on Motions to Dismiss. By Magistrate Judge Kathleen M. Tafoya on 5/19/2020. Text Only Entry (kmtlc1 )
May 19, 2020 Filing 35 MEMORANDUM regarding #34 MOTION to Stay Defendants' Joint Motion to Stay Discovery Pending Rulings on Motions to Dismiss filed by Jacob Alfonso, Justin Preedy, Mario Diaz. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 5/19/2020. Text Only Entry (cmasec)
May 18, 2020 Filing 34 MOTION to Stay Defendants' Joint Motion to Stay Discovery Pending Rulings on Motions to Dismiss by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Attachments: #1 Proposed Order (PDF Only))(Vaughan, Gordon)
May 18, 2020 Filing 33 MEMORANDUM regarding #32 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Brian Smith, Anthony Garcia-Serna, Lisa Atteberry, David Keifer. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 5/18/2020. Text Only Entry (cmasec)
May 15, 2020 Filing 32 MOTION to Dismiss Plaintiff's Second Amended Complaint by Defendants Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian Smith. (Attachments: #1 Exhibit Ex A - Notice of Conventionally Submitted Ex A, #2 Exhibit Ex B - Notice of Conventionally Submitted Ex B, #3 Exhibit Ex C - Notice of Conventionally Submitted Ex C, #4 Exhibit Ex D - Notice of Conventionally Submitted Ex D)(Desmond, Brenden)
May 15, 2020 Filing 31 MEMORANDUM regarding #30 MOTION to Dismiss Second Amended Complaint filed by Jacob Alfonso, Justin Preedy, Mario Diaz. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 5/15/2020. Text Only Entry (cmasec)
May 14, 2020 Filing 30 MOTION to Dismiss Second Amended Complaint by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Attachments: #1 Conventionally Submitted Ex. A - BWC of Alfonso, #2 Conventionally Submitted Ex. B - BWC of Diaz, #3 Conventionally Submitted Ex. C - BWC of Preedy)(Vaughan, Gordon)
May 7, 2020 Opinion or Order Filing 29 ORDER: Due to the continuing complications caused by the spread of COVID-19 coronavirus, the Court has issued General Orders 2020-3, 2020-6, and 2020-8, which, among other things, reflect an effort by judicial officers to reschedule hearings or to convert hearings to telephonic appearances and to reschedule civil and criminal trials through July 6, 2020. Accordingly, the Scheduling Conference set for June 8, 2020, is vacated but will not be reset at this time. The parties are still required to file their proposed Scheduling Order no later than June 1, 2020, in accordance with #26 Order. By Magistrate Judge Kathleen M. Tafoya on 5/7/2020. Text Only Entry (kmtlc1 )
April 30, 2020 Filing 28 NOTICE of Filing Amended Pleading re #27 Amended Complaint by Plaintiff Cartenous Turner (Attachments: #1 Exhibit Red Lined Second Amended Complaint)(Maxam, Rachel) (Modified on 5/3/2020 edited to reflect the title of the Exhibit filed)(evana, ).
April 30, 2020 Filing 27 Second AMENDED COMPLAINT against Jacob Alfonso, Lisa Atteberry, Mario Diaz, Anthony Garcia-Serna, David Keifer, Justin Preedy, Brian Smith, filed by Cartenous Turner.(Maxam, Rachel) (Modified on 5/3/2020 edited the title of the text to reflect this is a Second Amended Complaint)(evana, ).
April 22, 2020 Opinion or Order Filing 26 SECOND AMENDED ORDER Setting Scheduling Conference for 6/8/2020 11:15 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 4/22/2020. (ksena)
April 16, 2020 Opinion or Order Filing 25 MINUTE ORDER granting in part #23 Second Motion for Extension of Time to File Responsive Pleadings. Plaintiff may file a motion or notice to amend his complaint, pursuant to Fed. R. Civ. P. 15 and D.C.COLO.LCivR 15.1, no later than April 30, 2020. If Plaintiff does not seek to amend his complaint, Defendants shall answer or otherwise respond to the current, operative pleading no later than May 7, 2020. If Plaintiff files an amended complaint with the defendants' consent, Defendants shall answer or otherwise respond to the amended complaint pursuant to Fed. R. Civ. P. 15(a)(3). If Plaintiff files a motion to amend his complaint, Defendants shall respond to either the current, operative complaint (if the motion to amend is denied) or the proposed amended complaint within fourteen days of ruling on the motion to amend. By Magistrate Judge Kathleen M. Tafoya on 4/16/2020. Text Only Entry(kmtlc1 )
April 15, 2020 Filing 24 MEMORANDUM regarding #23 Defendants' Unopposed Second Motion for Extension of Time to File Responsive Pleadings. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 4/15/2020. Text Only Entry (cmalc1)
April 15, 2020 Filing 23 MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Amended Complaint Defendants' Unopposed Second Motion for Extension of Time to File Responsive Pleadings by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Attachments: #1 Proposed Order (PDF Only))(Vaughan, Gordon)
March 26, 2020 Opinion or Order Filing 22 MINUTE ORDER granting #19 Motion for Extension of Time to Answer or Otherwise Respond. Lisa Atteberry answer due 4/15/2020; Anthony Garcia-Serna answer due 4/15/2020; Brian Smith answer due 4/15/2020; David Sweringen answer due 4/15/2020. By Magistrate Judge Kathleen M. Tafoya on 3/26/20. Text Only Entry(kmtlc1 )
March 26, 2020 Filing 21 Amended MOTION for Extension of Time and NOTICE of Entry of Appearance by Brenden W. Desmond on behalf of Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian SmithAttorney Brenden W. Desmond added to party David Keifer(pty:dft) (Desmond, Brenden) (Modified on 3/26/2020 edited to reflect that this is a Motion) (evana, ).
March 26, 2020 Filing 20 MEMORANDUM regarding #19 County Defendants' Unopposed Motion for Extension of Time. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 3/26/2020. Text Only Entry (cmalc1)
March 25, 2020 Filing 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Amended Complaint by County Defendants by Defendants Lisa Atteberry, Anthony Garcia-Serna, Brian Smith, David Sweringen. (Desmond, Brenden)
March 25, 2020 Filing 18 NOTICE of Entry of Appearance of Brenden Desmond by Brenden W. Desmond on behalf of Lisa Atteberry, Anthony Garcia-Serna, Brian Smith, David SweringenAttorney Brenden W. Desmond added to party Lisa Atteberry(pty:dft), Attorney Brenden W. Desmond added to party Anthony Garcia-Serna(pty:dft), Attorney Brenden W. Desmond added to party Brian Smith(pty:dft), Attorney Brenden W. Desmond added to party David Sweringen(pty:dft) (Desmond, Brenden)
March 24, 2020 Opinion or Order Filing 17 MINUTE ORDER granting #15 Motion for Extension of Time to Answer or Otherwise Respond. Jacob Alfonso answer due 4/15/2020; Mario Diaz answer due 4/15/2020; Justin Preedy answer due 4/15/2020. By Magistrate Judge Kathleen M. Tafoya on 3/24/20. Text Only Entry(kmtlc1 )
March 24, 2020 Filing 16 MEMORANDUM regarding #15 City Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 3/24/2020. Text Only Entry (cmalc1)
March 23, 2020 Filing 15 MOTION for Extension of Time to File Answer or Otherwise Respond City Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading by Defendants Jacob Alfonso, Mario Diaz, Justin Preedy. (Attachments: #1 Proposed Order (PDF Only))(Vaughan, Gordon)
March 16, 2020 Filing 14 NOTICE of Entry of Appearance Notice of Entry of Appearance by Gordon Lamar Vaughan on behalf of Jacob Alfonso, Mario Diaz, Justin PreedyAttorney Gordon Lamar Vaughan added to party Jacob Alfonso(pty:dft), Attorney Gordon Lamar Vaughan added to party Mario Diaz(pty:dft), Attorney Gordon Lamar Vaughan added to party Justin Preedy(pty:dft) (Vaughan, Gordon)
March 13, 2020 Opinion or Order Filing 13 AMENDED ORDER SETTING Scheduling Conference for 5/19/2020 09:45 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 3/13/2020. (ksena)
March 13, 2020 Filing 12 NOTICE of Entry of Appearance by Gillian Dale on behalf of Lisa Atteberry, Anthony Garcia-Serna, David Keifer, Brian SmithAttorney Gillian Dale added to party Lisa Atteberry(pty:dft), Attorney Gillian Dale added to party Anthony Garcia-Serna(pty:dft), Attorney Gillian Dale added to party David Keifer(pty:dft), Attorney Gillian Dale added to party Brian Smith(pty:dft) (Dale, Gillian)
February 19, 2020 Opinion or Order Filing 11 ORDER Setting Scheduling Conference for 4/6/2020 11:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 2/19/2020. (ksena)
February 19, 2020 Filing 10 NOTICE of filing Civil Cover Sheet re #6 Amended Complaint by Plaintiff Cartenous Turner (Maxam, Rachel) (Modified on 3/3/2020 edited the text to reflect this is a Civil cover sheet)(evana, ).
February 18, 2020 Opinion or Order Filing 9 MINUTE ORDER: Plaintiff shall file a fully completed Civil Cover Sheet no later than February 19, 2020. By Magistrate Judge Kathleen M. Tafoya on 2/18/2020. Text Only Entry (kmtlc1 )
February 10, 2020 Opinion or Order Filing 8 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). 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. 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 2/10/2020. Text Only Entry (cmalc1)
February 5, 2020 Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Summons Brian Smith, #2 Summons David Keifer, #3 Summons Jacob Alfonso, #4 Summons Justin Preedy, #5 Summons Lisa Atteberry, #6 Summons Mario Diaz, #7 Magistrate Judge Consent Form) (evana, )
February 4, 2020 Filing 6 AMENDED COMPLAINT against Cartenous Turner, filed by Cartenous Turner. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Maxam, Rachel)
February 4, 2020 Filing 5 NOTICE of Entry of Appearance by Rachel B. Maxam on behalf of Cartenous TurnerAttorney Rachel B. Maxam added to party Cartenous Turner(pty:pla) (Maxam, Rachel)
February 4, 2020 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Magistrate Judge Consent Form) (alave, )
February 4, 2020 Filing 3 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (alave, )
February 4, 2020 Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Complaint, filed by attorneyRaymond K. Bryant. 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) (alave, )
February 3, 2020 Filing 1 COMPLAINT and Jury Demand against Jacob Alfonso, Lisa Atteberry, Mario Diaz, Anthony Garcia-Serna, Justin Preedy, Brian Smith, David Sweringen (Filing fee $ 400,Receipt Number 1082-7132677)Attorney Raymond K. Bryant added to party Cartenous Turner(pty:pla), filed by Cartenous Turner. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Bryant, Raymond)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Colorado District Court's Electronic Court Filings (ECF) System

Search for this case: Turner v. Diaz et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lisa Atteberry
Represented By: Brenden W. Desmond
Represented By: Gillian Dale
Represented By: Katherine Hoffman
Represented By: Matthew Joseph Hegarty
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jacob Alfonso
Represented By: Gordon Lamar Vaughan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mario Diaz
Represented By: Gordon Lamar Vaughan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Justin Preedy
Represented By: Gordon Lamar Vaughan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: David Sweringen
Represented By: Brenden W. Desmond
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Brian Smith
Represented By: Brenden W. Desmond
Represented By: Gillian Dale
Represented By: Katherine Hoffman
Represented By: Matthew Joseph Hegarty
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Anthony Garcia-Serna
Represented By: Brenden W. Desmond
Represented By: Gillian Dale
Represented By: Katherine Hoffman
Represented By: Matthew Joseph Hegarty
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: David Keifer
Represented By: Brenden W. Desmond
Represented By: Gillian Dale
Represented By: Katherine Hoffman
Represented By: Matthew Joseph Hegarty
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Cartenous Turner
Represented By: Rachel B. Maxam
Represented By: Raymond K. Bryant
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?