Futch v. Campbell et al
| Darnell Lamont Futch |
| Megan Brennan, William J. Campbell, Aubrey Elenis and United States of America |
| 1:2020cv00724 |
| March 16, 2020 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Raymond P Moore |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 31
ORDER granting #29 Motion to Stay Discovery and Vacate the Scheduling Conference. The 6/11/2020 Scheduling Conference is Vacated. Defendant shall have until 6/5/2020 to Respond to the Motion to Stay. The Court is not re-setting the Scheduling Conference at this time; but will take up that topic after the Motion to Stay is ruled on. By Magistrate Judge Gordon P. Gallagher on May 14, 2020. Text Only Entry(gpgsec, )
|
| Filing 30 MEMORANDUM regarding #29 Joint MOTION to Stay Discovery and Vacate Scheduling Conference 28 filed by United States of America. Motion referred to Magistrate Judge Gordon P. Gallagher. By Judge Raymond P. Moore on 5/14/2020. (Text Only Entry) (rmsec ) |
| Filing 29 Joint MOTION to Stay Discovery and Vacate Scheduling Conference 28 by Defendant United States of America. (Ellis, Laura) |
|
Filing 28
ORDER: Due to re-assignment, the Scheduling Conference which had been set for 6/4/2020 with Magistrate Judge Neureiter is hereby Vacated; and Scheduling Conference is now re-set for 6/11/2020 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Although this Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher, but due to Covid-19 directives, the parties Must appear telephonically by calling in as follows: call 888-363-4749 at the time of the hearing, and when prompted, enter Access Code 3136546#. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. By Magistrate Judge Gordon P. Gallagher on May 12, 2020. Text Only Entry (gpgsec, )
|
|
Filing 27
ORDER denying #17 Motion for Discovery, without prejudice, as not RIPE at this time. This action has just begun and the Court has not yet entered a scheduling order pursuant to Rule 16 which will set forth the course of discovery in accordance with Rule 26. Should discovery issues exist later in this case, any party may file necessary motions for discovery--after compliance with this Magistrate Judge's discovery dispute proceedings. by Magistrate Judge Gordon P. Gallagher on 4/30/20. Text Only Entry(GPG)
|
|
Filing 26
ORDER granting #6 Motion to Substitute Party. Megan Brennan (U.S. Postal Service, Postmaster) terminated. Defendant's unopposed motion to substitute the United States of America for Defendant Megan Brennan is hereby GRANTED for the reasons set forth in the motion and in accordance with the Federal Tort Claims Act. In all further pleadings, the United States of America SHALL be listed as Defendant number two (2) and Defendant Megan Brennan SHALL be removed from the caption. The Clerk of Court SHALL effectuate this change in CM/ECF. by Magistrate Judge Gordon P. Gallagher on 4/30/20. Text Only Entry(GPG)
|
|
Filing 25
ORDER REASSIGNING MAGISTRATE JUDGE. This matter has its factual nexus in Mesa County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 20-cv-00724-RM-GPG. By Judge Raymond P. Moore on 04/29/2020. (rvill, )
|
| Filing 24 RESPONSE to #17 MOTION for Discovery filed by Defendants William J. Campbell, Aubrey Elenis. (Haines, Friedrick) |
|
Filing 23
MINUTE ORDER: This matter is before the Court sua sponte upon review of this matter in which Plaintiff appears pro se. The Court strongly encourages the Plaintiff to contact the Federal Pro Se Clinic which provides free assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic cannot assist with criminal, bankruptcy, habeas, appeals, or any state cases. If Plaintiff wishes to avail himself of this service, he may make an appointment by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The Clinic is located at: Alfred A. Arraj Courthouse (first floor), 901 19th Street, Denver, CO 80294. By Judge Raymond P. Moore on 4/23/2020. (Text Only Entry) (rmsec )
|
| Filing 22 MEMORANDUM regarding #14 MOTION to Dismiss for Lack of Jurisdiction filed by Megan Brennan, #6 MOTION to Substitute Party filed by Megan Brennan, #17 MOTION for Discovery filed by Darnell Lamont Futch, #8 MOTION to Dismiss by State Defendants Campbell and Elenis filed by Megan Brennan, #15 Partial MOTION to Remand to State Court filed by Aubrey Elenis, William J. Campbell. Motions referred to Magistrate Judge N. Reid Neureiter. Entered by Judge Raymond P. Moore on 4/23/2020. (Text Only Entry) (rmsec ) |
|
Filing 21
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 4/23/2020. (Text Only Entry) (rmsec )
|
|
Filing 20
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 4/23/2020. (Text Only Entry) (rmsec )
|
| Filing 19 CASE REASSIGNED pursuant to #18 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 20-cv-00724-RM. (Text Only Entry) (tsher, ) |
| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendant Megan Brennan All parties do not consent.. (Ellis, Laura) |
| Filing 17 MOTION for Discovery by Plaintiff Darnell Lamont Futch. (tsher, ) |
|
Filing 16
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 4/8/2020. Consent Form due by 4/25/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
|
| Filing 15 Partial MOTION to Remand to State Court by Defendants William J. Campbell, Aubrey Elenis. (Haines, Friedrick) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction by Defendant Megan Brennan. (Attachments: #1 Exhibit A)(Ellis, Laura) |
| Filing 13 CERTIFICATE of Service by Mail by Clerk of Court re #12 Order to Darnell Lamont Futch at 353 Pitkin Avenue, Grand Junction, Colorado. Text Only Entry (tsher, ) |
|
Filing 12
ORDER by Magistrate Judge N. Reid Neureiter on 3/25/2020. Consent Form due by 5/21/2020. Scheduling Conference set for 6/4/2020 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. (tsher, )
|
| Filing 11 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, ) |
|
Filing 10
ORDER DRAWING CASE. The Court has determined that this case does not appear to be appropriate for initial review pursuant to D.C.COLO.LCivR 8.1(a). Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. Case has been randomly reassigned to Magistrate Judge N. Reid Neureiter for all further proceedings. All future pleadings should be designated at 20-cv-00724-NRN. By Magistrate Judge Gordon P. Gallagher on 03/25/2020. (rvill, )
|
| Filing 9 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #8 MOTION to Dismiss by State Defendants Campbell and Elenis filed by attorney Friedrick C. Haines. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). NOTE: This document is addressed to Mesa County Court, not the U.S. District Court. (Text Only Entry). (sphil, ) |
| Filing 8 MOTION to Dismiss by State Defendants Campbell and Elenis by Defendant Megan Brennan. (Attachments: #1 Proposed Order (PDF Only))(Ellis, Laura) |
| Filing 7 NOTICE re State Court Register of Actions by Defendant Megan Brennan (Ellis, Laura) |
| Filing 6 MOTION to Substitute Party by Defendant Megan Brennan. (Ellis, Laura) |
| Filing 5 NOTICE of Entry of Appearance by Friedrick C. Haines on behalf of William J. Campbell, Aubrey ElenisAttorney Friedrick C. Haines added to party William J. Campbell(pty:dft), Attorney Friedrick C. Haines added to party Aubrey Elenis(pty:dft) (Haines, Friedrick) |
| Filing 4 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (cmadr, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (cmadr, ) |
| Filing 2 COMPLAINT against Megan Brennan, William J. Campbell, Aubrey Elenis, filed by Darnell Lamont Futch.(cmadr, ) |
| Filing 1 NOTICE OF REMOVAL by Megan Brennan from District Court, Mesa County Court, Case Number 2020-cv-7., filed by Megan Brennan. (Attachments: #1 Exhibit 1 - State court summons and complaint, #2 Exhibit 2 - Certification as to scope of employment, #3 Exhibit 3 - State court register of actions, #4 Exhibit 4 - State court order denying motion for entry of judgment, #5 Exhibit 5 - State court order reviewing motion in response, #6 Exhibit 6 - State court order reviewing successive motion in response, #7 Exhibit 7 - State court order denying successive motion for entry of judgment, #8 Exhibit Civil cover sheet, #9 Exhibit Supplemental civil cover sheet for notices of removal)(Ellis, Laura) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
