Brandt v. Chavez et al
| Eric Brandt |
| Kenneth Chavez, Sylvia Cosgake, Ashley Cox, Antonio Guzman, Sr., Peterson, Kitchens, Baird, Frederick G. Kitchens, Anthony Guzman, Adolph(I) L. Jr. Chavez, Kenneth (I) Chavez, (I) Baird, Adolph L. Chavez, Jr., (I) Kitchens, (I) Peterson, Sylvia Cosgriff, Antonio (I) Guzman, Sr., Frederick(I) G. Kitchens, City and County of Denver, The, Anthony(I) Guzman and Ashley (I) Cox |
| 1:2020cv00308 |
| February 5, 2020 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Michael E Hegarty |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 94
MINUTE ORDER: Pending before the Court is the Parties' #93 Joint Motion for Extension of Time to File Dismissal Pleadings. For extraordinary circumstances shown, the Court GRANTS the Motion. The Court reiterates, however, that no further extensions shall be granted absent extraordinary circumstances. Dismissal Papers are due by 12/12/2022. By Judge Nina Y. Wang on 11/14/2022. Text Only Entry(nywlc4,)
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| Filing 93 Joint MOTION for Extension of Time to File Dismissal Pleadings by Plaintiff Eric Brandt. (McNulty, Andrew) |
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Filing 92
MINUTE ORDER granting #91 Motion for Extension of Time to File re #91 Joint MOTION for Extension of Time to File Dismissal Paperwork. Dismissal papers will be filed on or before November 11, 2022. No further extensions of this deadline will be granted absent extraordinary circumstances. By Judge Nina Y. Wang on 09/29/2022. Text Only Entry(nywlc4,)
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| Filing 91 Joint MOTION for Extension of Time to File Dismissal Paperwork by Plaintiff Eric Brandt. (McNulty, Andrew) |
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Filing 90
Minute ORDER by Magistrate Judge Michael E. Hegarty on 17 August 2022. This matter comes before the Court sua sponte. In light of the parties' settlement (ECF #89 ), Defendants' Motions to Dismiss #70 & #71 are denied as moot. The Court denies them for administrative purposes only, to terminate them as pending motions. (cmadr, )
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| Filing 89 MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 7/19/2022. The parties shall file a stipulatedmotion to dismiss on or before September 30, 2022. (cthom, ) |
| Filing 88 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 8/11/2022. (cthom, ) |
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Filing 87
MINUTE ORDER resetting the Status Conference on 8/11/2022 from 2:30 PM to 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. by Magistrate Judge Michael E. Hegarty on 08/09/2022. (mehlc1, )
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Filing 86
Minute ORDER by Magistrate Judge Michael E. Hegarty on 8 August 2022. This matter comes before this Court sua sponte. The Court will hold a Status Conference on August 11, 2022 at 2:30 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Plaintiff may participate remotely by having his case manager call the following conference line at the appointed time: Number: 888-278-0296, Access code: 8212991#. Counsel shall provide the above call-in instructions to Plaintiff. (cmadr, )
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| Filing 85 REASSIGNING OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated at 20-cv-00308-NYW-MEH. (Text Only Entry) (rvill, ) |
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Filing 84
Minute ORDER by Magistrate Judge Michael E. Hegarty on 8 July 2022. As mentioned in the Minute Order at ECF #82 , a Settlement Conference shall take place at Plaintiff's place of incarceration. The Court recently was informed that Plaintiff was moved from the Bent County Correctional Facility to the Trinidad Correctional Facility. Consequently, the Court issues this Minute Order to schedule the Settlement Conference on Tuesday, July 19, 2022 at 9:00 a.m. at the Trinidad Correctional Facility. Please note the new start time of 9:00 a.m. Because it is difficult to predict the course of settlement negotiations, the Court does not set any specific time when it will end. (cmadr, )
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Filing 83
Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 June 2022. As mentioned in the Minute Order at ECF #82 , a Settlement Conference shall take place at Plaintiff's place of incarceration. The Court schedules the Settlement Conference to Tuesday, July 19, 2022 at 10:00 a.m. at the Bent County Correctional Facility. (cmadr, )
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| Filing 82 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 6/16/2022. FTR: A501. (cthom, ) |
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Filing 81
Minute ORDER by Magistrate Judge Michael E. Hegarty on 13 June 2022. Pursuant to the parties' telephonic request, the Status Conference currently set for June 16, 2022 at 10:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado, is reset to 3:00 p.m. later that same day. (Time Change Only.)Plaintiff may participate remotely by having his case manager call the following conference line at the appointed time: Number: 888-278-0296 Access code: 8212991#. Counsel shall inform Plaintiff and his case manager of the time change. (cmadr, )
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Filing 80
Minute ORDER by Magistrate Judge Michael E. Hegarty on 10 June 2022. This matter comes before this Court sua sponte. Due to a conflict in the Court's calendar, it no longer is able to hold the Settlement Conference as currently set for Tuesday, July 26, 2022. Therefore, the Court will hold a Status Conference on June 16, 2022 at 10:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado, to discuss alternatives. Plaintiff may participate remotely by having his case manager call the following conference line at the appointed time:Number: 888-278-0296, Access code: 8212991#. Counsel shall provide the above call-in instructions to Plaintiff. (cmadr, )
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Filing 79
Minute ORDER by Magistrate Judge Michael E. Hegarty on 11 May 2022. As mentioned in the Minute Order at ECF #67 , a Settlement Conference shall take place at Plaintiff's place of incarceration. Pursuant to the parties' emailed request, the Court reschedules the Settlement Conference to Tuesday, July 26, 2022 at 10:00 a.m. at the Bent County Correctional Facility. The parties shall email directly to Chambers at [email protected] memoranda addressing matters that may be helpful to ensuring a productive settlement negotiation process. Because these memoranda are confidential in nature, they should not be docketed, and not sent to the other side. They are due by July 22, 2022. (cmadr, )
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Filing 78
Minute ORDER by Magistrate Judge Michael E. Hegarty on 31 January 2022. As mentioned in the Minute Order at ECF #67 , a Settlement Conference shall take place at Plaintiff's place of incarceration. With this Minute Order, the Court re-schedules the Settlement Conference to Friday, July 22, 2022 at 10:00 a.m. at the Bent County Correctional Facility. IT IS ORDERED that his case manager or the facility representative shall ensure Plaintiff's availability as well as make arrangements for the in-person participation of counsel and United States Magistrate Judge Hegarty. Plaintiff's attorney shall forward a copy of this Minute Order to the Bent County Correctional Facility and ensure that the appropriate arrangements are made. (cmadr, )
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Filing 77
Minute ORDER by Magistrate Judge Michael E. Hegarty on 28 January 2022. This matter comes before the Court sua sponte. The Settlement Conference currently set for Friday, February 4, 2022 at 10:00 a.m. at the Bent County Correctional Facility is vacated. Plaintiff's attorney shall forward a copy of this Minute Order to the Bent County Correctional Facility to inform it of the cancellation. The Court will reset the Settlement Conference by a later Minute Order. (cmadr, )
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Filing 76
Minute ORDER by Magistrate Judge Michael E. Hegarty on 18 January 2022. Settlement Conference set for 2/4/2022 10:00 AM at the Bent County Correctional Facility before Magistrate Judge Michael E. Hegarty. The parties shall email directly to Chambers at [email protected] memoranda addressing matters that may be helpful to ensuring a productive settlement negotiation process. Because these memoranda are confidential in nature, they should not be docketed, and not sent to the other side. They are due by February 2, 2022. (cmadr, )
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Filing 75
ORDER granting #74 Joint Motion to Stay. For good cause shown, all deadlines in this matter are STAYED pending mediation. FURTHER ORDERED that the parties are to notify the Court at #[email protected] of the date of the mediation once scheduled. SO ORDERED by Judge Regina M Rodriguez on 1/11/2022. Text Only Entry(rmrja)
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| Filing 74 Joint MOTION to Stay by Plaintiff Eric Brandt. (McNulty, Andrew) |
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Filing 73
Minute ORDER by Magistrate Judge Michael E. Hegarty on 4 January 2022. Before the Court are Defendants' Motions to Dismiss (ECF #70 & #71 ). Pursuant to D.C. Colo. LCivR 7.1(d) and Fed. R. Civ. P. 6(d), Plaintiff shall file responses to the motions on or before January 18, 2022. Defendants may file replies in support of their respective motions within fourteen days after the responses. (cmadr, )
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| Filing 72 MEMORANDUM regarding #70 MOTION to Dismiss filed by The City and County of Denver, #71 MOTION to Dismiss Second Amended Complaint filed by (I) Peterson, Anthony(I) Guzman, Adolph(I) L. Jr. Chavez, Kenneth (I) Chavez, Ashley (I) Cox. Motions referred to Magistrate Judge Michael E. Hegarty. By Judge Regina M Rodriguez on 1/4/2022. Text Only Entry (rmrja) |
| Filing 71 MOTION to Dismiss Second Amended Complaint by Defendants Adolph(I) L. Jr. Chavez, Kenneth (I) Chavez, Ashley (I) Cox, Anthony(I) Guzman, (I) Peterson. (Farley, Conor) |
| Filing 70 MOTION to Dismiss by Defendant City and County of Denver, The. (Farley, Conor) |
| Filing 69 ANSWER to #63 Amended Complaint by Frederick(I) G. Kitchens.(Farley, Conor) |
| Filing 68 ANSWER to #63 Amended Complaint by (I) Baird.(Farley, Conor) |
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Filing 67
Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 December 2021. This matter comes before the Court upon an Order of Reference (ECF 66 ) for a Settlement Conference. The parties shall confer about dates for the Settlement Conference and email them to Chambers at [email protected] at their earliest convenience. Judge Hegarty anticipates going to the place of Plaintiff's incarceration in person for purposes of conducting the Settlement Conference. Plaintiff's counsel likely will participate in person at the prison as well. Defendants' counsel have the option of attending in person or telephonically. (cmadr, )
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Filing 66
MINUTE ORDER by Judge Regina M Rodriguez on 12/17/2021. Pending before the Court is the Parties' Joint Motion for Order to Refer Case to U.S. Magistrate Judge Michael Hegarty for Settlement Conference. Upon consideration, the Parties' Joint Motion #65 is GRANTED. The Parties are ORDERED to follow any direction from Magistrate Judge Michael Hegarty for scheduling a Settlement Conference. SO ORDERED Text Only Entry(rmrja)
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| Filing 65 Joint MOTION for Order to Refer Case to Magistrate for Settlement by Plaintiff Eric Brandt. (McNulty, Andrew) |
| Filing 64 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Ashley Cox, Kenneth Chavez, Adolph L. Chavez, Jr, City and County of Denver, The, Kitchens, Anthony Guzman, Baird. Ashley Cox answer due 12/23/2021; Kenneth Chavez answer due 12/23/2021; Adolph L. Chavez, Jr answer due 12/23/2021; City and County of Denver, The answer due 12/23/2021; Kitchens answer due 12/23/2021; Anthony Guzman answer due 12/23/2021; Baird answer due 12/23/2021. (Farley, Conor) |
| Filing 63 AMENDED COMPLAINT against All Defendants, filed by Eric Brandt.(McNulty, Andrew) |
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Filing 62
Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 November 2021. In light of District Judge Rodriguez' Order and Plaintiffs provision of the requested redlined version, his renewed Motion for Leave to File Second Amended Complaint #60 is granted. Plaintiff shall file separately onto the case docket sheet the clean copy (ECF 60-2) of his Second Amended Complaint on or before November 18, 2021.(cmadr, )
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| Filing 61 MEMORANDUM regarding #60 MOTION to Amend/Correct/Modify #8 Amended Complaint, Add and Terminate Parties, filed by Eric Brandt. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Regina M Rodriguez on 11/12/2021. Text Only Entry (rmrja) |
| Filing 60 MOTION to Amend/Correct/Modify #8 Amended Complaint,, Add and Terminate Parties, by Plaintiff Eric Brandt. (Attachments: #1 Exhibit Redlined, #2 Proposed Document Clean)(McNulty, Andrew) |
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Filing 59
Minute ORDER by Magistrate Judge Michael E. Hegarty on 29 October 2021. Before the Court is Plaintiff's Motion for Leave to File Second Amended Complaint. In their Response (ECF #58 ), Defendants object to Plaintiffs failure to comply with D.C.Colo.LCivR 15.1 and its requirement to provide a copy of the amended pleading that contains redlined strike-throughs of deleted text and underlined additions. Given Plaintiff's non-compliance with that requirement, his Motion for Leave to File Second Amended Complaint #56 is denied but without prejudice to refiling it in compliance with the Local Rules.(cmadr, )
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| Filing 58 RESPONSE to #56 MOTION for Leave to File Second Amended Complaint filed by Defendants (I) Baird, Ashley (I) Cox, Frederick(I) G. Kitchens, (I) Peterson. (Farley, Conor) |
| Filing 57 MEMORANDUM regarding #56 MOTION for Leave to File Second Amended Complaint filed by Eric Brandt. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Regina M Rodriguez on 10/29/2021. Text Only Entry (rmrja) |
| Filing 56 MOTION for Leave to File Second Amended Complaint by Plaintiff Eric Brandt. (Attachments: #1 Proposed Document)(McNulty, Andrew) |
| Filing 55 ANSWER to Complaint by Ashley Cox, Ashley (I) Cox.(Farley, Conor) |
| Filing 54 ANSWER to Complaint by Peterson, (I) Peterson.(Farley, Conor) |
| Filing 53 ANSWER to Complaint by Baird, (I) Baird.(Farley, Conor) |
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Filing 52
ORDER Accepting in Part Magistrate Judge's #46 Recommendation. Defendant Officers' Motion to Dismiss (ECF #28 ) is granted in part. Defendant City and County of Denvers Motion to Dismiss (ECF #27 ) is GRANTED. All claims dismissed herein shall be deemed DISMISSED WITHOUT PREJUDICE. Plaintiff shall have 30 days from the entry of this Order to refile his complaint. If no complaint is filed after 30 days, the dismissed claims shall be deemed dismissed with prejudice. SO ORDERED by Judge Regina M Rodriguez on 9/29/2021.(angar, )
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| Filing 51 NOTICE of Entry of Appearance by Andrew Joseph McNulty on behalf of Eric BrandtAttorney Andrew Joseph McNulty added to party Eric Brandt(pty:pla) (McNulty, Andrew) |
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Filing 50
This action is reassigned to Judge Regina M. Rodriguez upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Rodriguez in Courtroom A-702. Her chambers are located in A-738 of the Alfred A. Arraj Courthouse. Her telephone number is 303-335-2170. All future pleadings 20-cv-00308-RMR. Text only entry. (agarc, )
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| Filing 49 NOTICE of Entry of Appearance by Helen S. Oh on behalf of Eric BrandtAttorney Helen S. Oh added to party Eric Brandt(pty:pla) (Oh, Helen) |
| Filing 48 NOTICE of Entry of Appearance by David A. Lane on behalf of Eric BrandtAttorney David A. Lane added to party Eric Brandt(pty:pla) (Lane, David) |
| Filing 47 Conventionally Submitted Material : (1) CD Titled "Court Update" by Plaintiff Eric Brandt. (agarc, ) Material placed in the oversized area of the Clerk's Office. Location of stored items: oversized area A-2-2. Text Only Entry. (jtorr, ). |
| Filing 46 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Michael E. Hegarty on 18 November 2020. Accordingly, based upon the foregoing and the entire record herein, this Court respectfully RECOMMENDS that Defendant Officers' Motion to Dismiss #28 be granted in part, as explained above, and that the dismissals be with prejudice and without leave to amend.The Court respectfully RECOMMENDS that Denver's Motion to Dismiss #27 be granted in full and that all claims against the Defendant Officers in their official capacity and against the City and County of Denver as a municipal entity be dismissed with prejudice and without leave to amend. (cmadr, ) |
| Filing 45 REPLY to Response to #28 MOTION to Dismiss filed by Defendants Adolph L. Chavez, Jr, Kenneth Chavez, City and County of Denver, The, Anthony Guzman, Frederick G. Kitchens. (Farley, Conor) |
| Filing 44 REPLY to Response to #27 MOTION to Dismiss filed by Defendants Baird, (I) Baird, Adolph L. Chavez, Jr, Adolph(I) L. Jr. Chavez, Kenneth Chavez, Kenneth (I) Chavez, Ashley Cox, Ashley (I) Cox, Anthony Guzman, Anthony(I) Guzman, Frederick G. Kitchens, Frederick(I) G. Kitchens, Peterson, (I) Peterson. (Farley, Conor) |
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Filing 43
ORDER granting #40 Unopposed Motion for Extension of Time to File Response/Reply. ORDERED by Magistrate Judge Michael E. Hegarty on 10/15/2020. Text Only Entry. (cthom, )
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| Filing 42 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 10/15/2020. FTR: A501. (cthom, ) |
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Filing 41
ORDER REFERRING MOTION: #40 Unopposed MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss , #28 MOTION to Dismiss filed by Frederick G. Kitchens, Anthony Guzman, Kenneth Chavez, City and County of Denver, The, Adolph(I) L. Jr. Chavez, Peterson, Kenneth (I) Chavez, Adolph L. Chavez, Jr., (I) Peterson, Frederick(I) G. Kitchens, Anthony(I) Guzman, Ashley Cox, Baird, (I) Baird, Ashley (I) Cox. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Daniel D. Domenico on 10/14/2020. Text Only Entry (dddlc3, )
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| Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss , #28 MOTION to Dismiss by Defendants Baird, (I) Baird, Adolph L. Chavez, Jr, Adolph(I) L. Jr. Chavez, Kenneth Chavez, Kenneth (I) Chavez, City and County of Denver, The, Ashley Cox, Ashley (I) Cox, Anthony Guzman, Anthony(I) Guzman, Frederick G. Kitchens, Frederick(I) G. Kitchens, Peterson, (I) Peterson. (Farley, Conor) |
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Filing 39
ORDER REFERRING MOTIONS: #27 MOTION to Dismiss filed by Frederick G. Kitchens, Adolph L. Chavez, Jr., Anthony Guzman, Kenneth Chavez, and the City and County of Denver; and #28 MOTION to Dismiss filed by (I) Peterson, Frederick(I) G. Kitchens, Anthony(I) Guzman, Adolph(I) L. Jr. Chavez, Kenneth (I) Chavez, (I) Baird, Ashley (I) Cox. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Daniel D. Domenico on 10/2/2020. Text Only Entry (dddlc3, )
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| Filing 38 Combined RESPONSE to #27 MOTION to Dismiss , #28 MOTION to Dismiss filed by Plaintiff Eric Brandt. (athom, ) |
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Filing 37
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 30 September 2020. This matter comes before the Court sua sponte. The Court will hold a Status Conference on October 15, 2020, at 1:45 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. The Plaintiff shall be prepared to discuss service of process on Defendant Sylvia Cosgriff. (cmadr, )
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Filing 36
Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 August 2020. Plaintiff's Motion for Expansion of Time #33 is granted. Plaintiff shall file responses to the pending motions to dismiss on or before October 2, 2020, and Defendants may file replies in support of the motions within fourteen days after the responses are served. Plaintiff's Notice of Possible Address for Defendant Sylvia Cosgriff and Motion for Service by Marshals #34 is denied without prejudice. The Court will not direct the U.S. Marshal to go in search of the Defendant at several "possible" addresses. It is the obligation of the Plaintiff to provide the correct contact information to the Court for service of process by the U.S. Marshal.(cmadr, )
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Filing 35
ORDER REFERRING MOTION: #34 MOTION for Order to filed by Eric Brandt, #33 MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss , #28 MOTION to Dismiss filed by Eric Brandt.Motions referred to Magistrate Judge Michael E. Hegarty by Judge Daniel D. Domenico on 8/21/2020. Text Only Entry (dddlc3, )
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| Filing 34 Notice of Possible Address for Defendant Sylvia Cosgriff; MOTION for Service by Marshals by Plaintiff Eric Brandt. (athom, ) |
| Filing 33 MOTION for Expansion of Time re #27 MOTION to Dismiss , #28 MOTION to Dismiss by Plaintiff Eric Brandt. (athom, ) |
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Filing 32
ORDER ON MOTION TO STAY DISCOVERY by Magistrate Judge Michael E. Hegarty on 30 July 2020. Denver Defendants' Motion to Stay Discovery and Vacate SchedulingConference #30 is granted. Discovery in this case is temporarily stayedpending a final ruling on the Defendants' Motions to Dismiss. The Scheduling Conference currently set on August 5, 2020 is vacated. The parties are directed to submit a status report within five days after the entry of the final order adjudicating the Motions to Dismiss informing the Court whether and to what extent it is necessary to schedule discovery. (cmadr, )
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Filing 31
ORDER REFERRING MOTION: #30 MOTION to Stay Discovery & Vacate Scheduling Conference filed by Frederick G. Kitchens, Anthony Guzman, Kenneth Chavez, City and County of Denver, The, Adolph(I) L. Jr. Chavez, Peterson, Kenneth (I) Chavez, Adolph L. Chavez, Jr., (I) Peterson, Frederick(I) G. Kitchens, Anthony(I) Guzman, Ashley Cox, Baird, (I) Baird, Ashley (I) Cox. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Daniel D. Domenico on 7/30/2020. Text Only Entry (dddlc3, )
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| Filing 30 MOTION to Stay Discovery & Vacate Scheduling Conference by Defendants Baird, (I) Baird, Adolph L. Chavez, Jr, Adolph(I) L. Jr. Chavez, Kenneth Chavez, Kenneth (I) Chavez, City and County of Denver, The, Ashley Cox, Ashley (I) Cox, Anthony Guzman, Anthony(I) Guzman, Frederick G. Kitchens, Frederick(I) G. Kitchens, Peterson, (I) Peterson. (Farley, Conor) |
| Filing 29 ANSWER to Complaint by Frederick(I) G. Kitchens.(Farley, Conor) |
| Filing 28 MOTION to Dismiss by Defendants (I) Baird, Adolph(I) L. Jr. Chavez, Kenneth (I) Chavez, Ashley (I) Cox, Anthony(I) Guzman, Frederick(I) G. Kitchens, (I) Peterson. (Farley, Conor) |
| Filing 27 MOTION to Dismiss by Defendants Adolph L. Chavez, Jr, Kenneth Chavez, City and County of Denver, The, Anthony Guzman, Frederick G. Kitchens. (Farley, Conor) |
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Filing 26
ORDER granting #25 Motion for Leave by Judge Daniel D. Domenico on 7/21/2020. Text Only Entry(dddlc3, )
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| Filing 25 Unopposed MOTION for Leave to Increase Word Count in Motion to Dismiss by Defendants (I) Baird, Adolph(I) L. Jr. Chavez, Kenneth (I) Chavez, Ashley (I) Cox, Anthony(I) Guzman, Frederick(I) G. Kitchens, (I) Peterson. (Farley, Conor) |
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Filing 24
ORDER granting #23 Motion for Extension of Time to Answer or Otherwise Respond. All Defendants' response to the Amended Complaint due on or before 07/24/2020. SO ORDERED by Judge Daniel D. Domenico on 7/9/2020. Text Only Entry(dddlc3, )
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| Filing 23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #8 Amended Complaint,, Add and Terminate Parties, by Defendants Baird, (I) Baird, Adolph L. Chavez, Jr, Adolph(I) L. Jr. Chavez, Kenneth Chavez, Kenneth (I) Chavez, City and County of Denver, The, Ashley Cox, Ashley (I) Cox, Anthony Guzman, Anthony(I) Guzman, Frederick G. Kitchens, Frederick(I) G. Kitchens, Peterson, (I) Peterson. (Farley, Conor) |
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Filing 22
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 6 July 2020. At the request of the parties, the Scheduling Conference currently set for July 13, 2020 is vacated and rescheduled to August 5, 2020, at 10:45 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. It is further ORDERED that Plaintiff shall notify all parties who have not entered an appearance of the date and time of the Scheduling Conference. The parties may appear at the conference in person or by telephone. Anyone appearing by telephoneshall call the following conference line at the appointed time: Number: 888-278-0296, Access code: 8212991#. (cmadr, )
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Filing 21
MINUTE ORDER Due to continued concerns regarding the potential transmission of COVID-19, during the week of July 6, 2020, the Court will permit litigants (counsel and parties) and the public to appear at all scheduled conferences before Magistrate Judge Hegarty either in person or by telephone (unless otherwise ordered). Anyone choosing to appear in person must comply with General Order 2020-10 governing Court Operations During the COVID-19 Pandemic, which may be accessed at www.cod.uscourts.gov. Anyone choosing to appear by telephone shall call the following conference line at the appointed time: Number:888-278-0296 Access code:8212991#. Please remember that, when you call in, you may be entering a proceeding already in progress for a different case; therefore, as you would if you were present in the courtroom, please ensure silence until your case is called. Any questions regarding this procedure may be directed to my chambers at 303-844-4507 or at [email protected]. By Magistrate Judge Michael E. Hegarty on 07/06/2020. Text Only Entry (mehlc1, )
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 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) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 6/30/2020. Text Only Entry (dddlc3, )
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| Filing 19 CASE REASSIGNED. pursuant to #18 Minute Order.All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico. All future pleadings should be designated as 20-cv-00308-DDD. (Text Only Entry) (cmadr, ) |
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Filing 18
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 29 June 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo.LCivR 40.1(c) #17 , the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, )
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| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendants Baird, (I) Baird, Adolph L. Chavez, Jr, Adolph(I) L. Jr. Chavez, Kenneth Chavez, Kenneth (I) Chavez, City and County of Denver, The, Ashley Cox, Ashley (I) Cox, Anthony Guzman, Anthony(I) Guzman, Frederick G. Kitchens, Frederick(I) G. Kitchens, Peterson, (I) Peterson All parties do not consent.. (Farley, Conor) |
| Filing 16 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Frederick(I) G. Kitchens, Ashley Cox, Kenneth Chavez, (I) Peterson, Adolph L. Chavez, Jr, Frederick G. Kitchens, Kenneth (I) Chavez, Ashley (I) Cox, (I) Baird, City and County of Denver, The, Adolph(I) L. Jr. Chavez, Peterson, Anthony(I) Guzman, Anthony Guzman, Baird. Frederick(I) G. Kitchens answer due 7/14/2020; Ashley Cox answer due 7/14/2020; Kenneth Chavez answer due 7/14/2020; (I) Peterson answer due 7/14/2020; Adolph L. Chavez, Jr answer due 7/14/2020; Frederick G. Kitchens answer due 7/14/2020; Kenneth (I) Chavez answer due 7/14/2020; Ashley (I) Cox answer due 7/14/2020; (I) Baird answer due 7/14/2020; City and County of Denver, The answer due 7/14/2020; Adolph(I) L. Jr. Chavez answer due 7/14/2020; Peterson answer due 7/14/2020; Anthony(I) Guzman answer due 7/14/2020; Anthony Guzman answer due 7/14/2020; Baird answer due 7/14/2020. (Farley, Conor) |
| Filing 15 NOTICE of Entry of Appearance by Conor Daniel Farley on behalf of Baird, (I) Baird, Adolph L. Chavez, Jr, Adolph(I) L. Jr. Chavez, Kenneth Chavez, Kenneth (I) Chavez, City and County of Denver, The, Ashley Cox, Ashley (I) Cox, Anthony Guzman, Anthony(I) Guzman, Frederick G. Kitchens, Frederick(I) G. Kitchens, Peterson, (I) PetersonAttorney Conor Daniel Farley added to party Baird(pty:dft), Attorney Conor Daniel Farley added to party (I) Baird(pty:dft), Attorney Conor Daniel Farley added to party Adolph L. Chavez, Jr(pty:dft), Attorney Conor Daniel Farley added to party Adolph(I) L. Jr. Chavez(pty:dft), Attorney Conor Daniel Farley added to party Kenneth Chavez(pty:dft), Attorney Conor Daniel Farley added to party Kenneth (I) Chavez(pty:dft), Attorney Conor Daniel Farley added to party City and County of Denver, The(pty:dft), Attorney Conor Daniel Farley added to party Ashley Cox(pty:dft), Attorney Conor Daniel Farley added to party Ashley (I) Cox(pty:dft), Attorney Conor Daniel Farley added to party Anthony Guzman(pty:dft), Attorney Conor Daniel Farley added to party Anthony(I) Guzman(pty:dft), Attorney Conor Daniel Farley added to party Frederick G. Kitchens (pty:dft), Attorney Conor Daniel Farley added to party Frederick(I) G. Kitchens (pty:dft), Attorney Conor Daniel Farley added to party Peterson(pty:dft), Attorney Conor Daniel Farley added to party (I) Peterson(pty:dft) (Farley, Conor) |
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Filing 14
MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 5/19/2020. Consent Form due by 6/30/2020. Proposed Scheduling Order due 7/8/2020 Scheduling Conference set for 7/13/2020 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (apesa, )
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| Filing 13 WAIVER OF SERVICE Returned Executed (I) Baird waiver sent on 4/24/2020, answer due 6/23/2020; Adolph L. Chavez, Jr waiver sent on 4/24/2020, answer due 6/23/2020; Adolph(I) L. Jr. Chavez waiver sent on 4/24/2020, answer due 6/23/2020; Kenneth Chavez waiver sent on 4/24/2020, answer due 6/23/2020; Kenneth (I) Chavez waiver sent on 4/24/2020, answer due 6/23/2020; City and County of Denver, The waiver sent on 4/24/2020, answer due 6/23/2020; Ashley (I) Cox waiver sent on 4/24/2020, answer due 6/23/2020; Anthony Guzman waiver sent on 4/24/2020, answer due 6/23/2020; Anthony(I) Guzman waiver sent on 4/24/2020, answer due 6/23/2020; Frederick G. Kitchens waiver sent on 4/24/2020, answer due 6/23/2020; Frederick(I) G. Kitchens waiver sent on 4/24/2020, answer due 6/23/2020; (I) Peterson waiver sent on 4/24/2020, answer due 6/23/2020. (tsher, ) |
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Filing 12
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 4/24/2020. Consent Form due by 6/3/2020. Scheduling Conference set for 6/23/2020 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
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| Filing 11 CERTIFICATE of Service by Clerk of Court re #8 Amended Complaint for Service of Process. (cmadr, ) |
| Filing 10 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 9
ORDER Assigning Case, by Magistrate Judge Gordon P. Gallagher on 4/23/2020. This case is reassigned to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should bee designated as 20-cv-308-MEH (angar, )
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| Filing 8 AMENDED COMPLAINT against Ashley Cox, Kenneth Chavez, (I) Peterson, Sylvia Cosgake, Kenneth (I) Chavez, Ashley (I) Cox, (I) Baird, City and County of Denver, The, Peterson, Baird, Anthony(I) Guzman, Frederick(I) G. Kitchens, Adolph L. Chavez, Jr, Anthony Guzman, Adolph(I) L. Jr. Chavez, Sylvia Cosgriff, Frederick G. Kitchens, filed by Eric Brandt. (Attachments: #1 Letter)(angar, ) |
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Filing 7
MINUTE ORDER. Mr. Brandt has filed a motion for extension of time to file his amended complaint because he was recently taken into custody and is detained at the Jefferson County Detention Facility. (See ECF No. #6 ). The request is GRANTED, by Magistrate Judge Gordon P. Gallagher on 3/17/2020.(angar, )
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| Filing 6 MOTION for Extension of Time, by Plaintiff Eric Brandt. (angar, ) Modified on 3/6/2020 to correct document (angar, ). |
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Filing 5
ORDER Directing Plaintiff to File Amended Complaint. If Plaintiff fails to file an amended complaint that complies with this order within the time allowed, the action may be dismissed without further notice, by Magistrate Judge Gordon P. Gallagher on 2/13/2020. (angar, )
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Filing 4
ORDER Granting Plaintiff #2 Leave to Proceed without Prepaying fees or Costs, by Magistrate Judge Gordon P. Gallagher on 2/6/2020.(angar, )
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| Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (cmadr, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Eric Brandt. (cmadr, ) |
| Filing 1 Original COMPLAINT and Jury Demand against Baird, (I) Baird, Kenneth Chavez, Kenneth (I) Chavez, City and County of Denver, The, Sylvia Cosgake, Ashley Cox, Ashley (I) Cox, Antonio Guzman, Sr, Antonio (I) Guzman, Sr, Kitchens, (I) Kitchens, Peterson, (I) Peterson, filed by Eric Brandt.(cmadr, ) |
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