Nellson v. Barnhart et al
Plaintiff: Edward Nellson
Defendant: Warden J. Barnhart, United States Federal Bureau of Prisons, J. (I) Barnhart and J. Barnhart
Case Number: 1:2020cv00756
Filed: March 18, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Nature of Suit: Prisoner - Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2020 Opinion or Order Filing 41 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 5/12/2020. Given 13 Case Reassigned, the Scheduling Conference set for 5/18/2020 before Magistrate Judge Nina Y. Wang and all associated deadlines are hereby VACATED, to be reset at a later date if appropriate. Text Only Entry (nywlc2, )
May 11, 2020 Filing 40 SUMMONS Returned Executed upon US Attorney's Office, Jason Dunn, on behalf of defendant(s) United States Federal Bureau of Prisons served on 5/11/2020, answer due 7/10/2020. (Attachments: #1 Exhibit 1)(Carminati, Maria-Vittoria)
May 7, 2020 Opinion or Order Filing 39 ORDER by Chief Judge Philip A. Brimmer on 5/7/2020, re: #36 Unopposed Motion for Status Conference is DENIED. ORDERED that, on or before May 11, 2020, plaintiff shall indicate when and whether he will properly serve defendants.(sphil, )
May 5, 2020 Filing 37 RESPONSE to #36 Unopposed MOTION for Hearing/Conference filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Dickey, Lauren)
May 5, 2020 Filing 36 Unopposed MOTION for Hearing/Conference by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria)
May 1, 2020 Filing 35 REPLY to Response to #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Edward Nellson. (Attachments: #1 Exhibit Nellson Declaration, #2 Exhibit Trevani Declaration, #3 Exhibit U.S. v. Rabadi Letter)(Parrott, Alexandra)
April 28, 2020 Filing 38 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #34 Reply to Response to Motion, #35 Reply to Response to Motion, filed by attorney Alexandra Parrott. 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).(Text Only Entry). (sphil, )
April 28, 2020 Filing 34 REPLY to Response to #26 MOTION for Discovery for Preliminary Injunction filed by Plaintiff Edward Nellson. (Parrott, Alexandra)
April 24, 2020 Opinion or Order Filing 33 ORDER by Chief Judge Philip A. Brimmer on 4/24/2020 re: #32 Motion for Extension of Time to File is GRANTED. Plaintiff's shall reply on or before May 1, 2020. Text Only Entry (pabsec2)
April 23, 2020 Filing 32 Unopposed MOTION for Extension of Time to File Reply to Defendants' Response to Plaintiff's Motion for Preliminary Injunction by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria)
April 22, 2020 Filing 31 RESPONSE to #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: #1 Exhibit Himlie Decl., #2 Exhibit Supp. Himlie Decl., #3 Exhibit Second Supp. Trujillo Decl.)(Dickey, Lauren)
April 21, 2020 Filing 30 RESPONSE to #26 MOTION for Discovery for Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Dickey, Lauren)
April 21, 2020 Opinion or Order Filing 29 ORDER by Chief Judge Philip A. Brimmer on 4/21/2020. Although the motion appears to be prompted by a simple effort to clarify the record, it pertains to a motion that the Court has already ruled on and therefore is irrelevant. As a result, the #28 Motion for Leave to Supplement Reply and Surreply is DENIED. Text Only Entry(pabsec2)
April 20, 2020 Filing 28 Unopposed MOTION for Leave to Supplement Reply (ECF No. 19) and Surreply (ECF No. 25) by Plaintiff Edward Nellson. (Attachments: #1 Affidavit)(Carminati, Maria-Vittoria)
April 20, 2020 Opinion or Order Filing 27 MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/20/2020. Defendants to file a response re: plaintiff's #26 MOTION for Discovery for Preliminary Injunction by 4/21/2020 at 12:00 p.m. Text Only Entry (pabsec2)
April 17, 2020 Filing 26 MOTION for Discovery for Preliminary Injunction by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria)
April 16, 2020 Filing 25 Plaintiff Surreply to #22 MOTION for Leave to File Surreply to #21 Response to Motion by Plaintiff Edward Nellson. Surreply docketed in this case pursuant to #23 Order. (sphil, )
April 16, 2020 Opinion or Order Filing 24 MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/16/2020. Defendants shall respond to the motion for preliminary injunction on or before April 22, 2020. Plaintiff may file a reply on or before April 24, 2020. The Court will set a hearing on the motion for preliminary injunction in a separate order. Text Only Entry (pabsec2)
April 16, 2020 Opinion or Order Filing 23 ORDER by Chief Judge Philip A. Brimmer on 4/16/2020, re: #10 the portion of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction that requests a temporary restraining order is DENIED; #22 Plaintiff's Motion for Leave to File Surreply is GRANTED. Accordingly the Clerks office shall docket Exhibit 1 to Docket No. 22 as plaintiff's surreply.(sphil, )
April 14, 2020 Filing 22 MOTION for Leave to File Surreply to #21 Response to Motion by Plaintiff Edward Nellson. (Attachments: #1 Exhibit Ex 1 - Plaintiff's Surreply)(Carminati, Maria-Vittoria)
April 14, 2020 Filing 21 RESPONSE to #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: #1 Exhibit)(Dickey, Lauren)
April 14, 2020 Opinion or Order Filing 20 MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/14/2020. Defendants to file a response by 4/14/2020 at 3:00 p.m. responding to plaintiff's argument that the grievance process would take 90 days and whether inmates at USP Florence are notified of any emergency grievance procedures. Text Only Entry (pabsec2)
April 13, 2020 Filing 19 REPLY to Response to #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Edward Nellson. (Attachments: #1 Exhibit Exhibit 1)(Carminati, Maria-Vittoria)
April 9, 2020 Opinion or Order Filing 18 MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/9/2020. Plaintiff shall respond to defendants, in particular defendants' exhaustion argument under the PLRA, on or before April 13, 2020. Text Only Entry (pabsec2)
April 6, 2020 Filing 17 RESPONSE to #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: #1 Exhibit Himlie Decl., #2 Exhibit Trujillo Decl.)(Dickey, Lauren)
April 6, 2020 Opinion or Order Filing 16 ORDER by Chief Judge Philip A. Brimmer on 4/6/2020 re: Motion for Leave to File Excess Pages #15 is GRANTED. Defendant is granted leave to file their response, not to exceed 19 pages, due on April 6, 2020. Text Only Entry(pabsec2)
April 6, 2020 Filing 15 Unopposed MOTION for Leave to File Excess Pages by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: #1 Proposed Order (PDF Only))(Dickey, Lauren)
April 1, 2020 Opinion or Order Filing 14 MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/1/2020. Defendants shall respond to that portion of Docket No. #10 consisting of the motion for a temporary restraining order on or before April 6, 2020. Text Only Entry (pabsec2)
March 31, 2020 Filing 13 CASE REASSIGNED pursuant to #12 Minute Order. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 20-cv-00756-PAB. (Text Only Entry) (nmarb, )
March 31, 2020 Opinion or Order Filing 12 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 3/31/20 re: #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Edward Nellson. Pursuant to Local Rule 40.1(c)(2)(a), civil actions in which a motion for injunctive relief is filed shall not be directly assigned to a magistrate judge. THEREFORE, IT IS ORDERED: The Clerk of the Court is DIRECTED to REDRAW this action to a District Judge for further proceedings. (nmarb, )
March 31, 2020 Filing 11 WAIVER OF SERVICE Returned Executed by Edward Nellson. J. Barnhart waiver sent on 3/31/2020, answer due 6/1/2020; J. (I) Barnhart waiver sent on 3/31/2020, answer due 6/1/2020. (nmarb, )
March 31, 2020 Filing 10 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria)
March 31, 2020 Filing 9 SUMMONS Returned Executed upon United States Attorney General Process Clerk defendant(s) United States Federal Bureau of Prisons served on 3/27/2020, answer due 5/26/2020. (Carminati, Maria-Vittoria)
March 31, 2020 Filing 8 SUMMONS Returned Executed upon defendant(s) United States Federal Bureau of Prisons served on 3/26/2020, answer due 5/26/2020. (Carminati, Maria-Vittoria)
March 31, 2020 Filing 7 SUMMONS Returned Executed upon AG William Barr defendant(s) United States Federal Bureau of Prisons served on 3/27/2020, answer due 5/26/2020. (Carminati, Maria-Vittoria)
March 30, 2020 Opinion or Order Filing 6 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 3/30/2020. The court shall hold a scheduling conference on 5/18/2020 02:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. The parties shall submit their proposed scheduling order, including a copy of the proposed scheduling order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before 5/11/2020. The parties shall complete and file the Consent/Nonconsent Form indicating either unanimous consent of the parties or that consent has been declined, on or before 5/04/2020. (bwilk, )
March 20, 2020 Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (rvill, )
March 20, 2020 Opinion or Order Filing 4 ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear to be appropriate for summary dismissal. Case has been randomly reassigned to Magistrate Judge Nina Y. Wang for all further proceedings. All future pleadings should be designated as 20-cv-00756-NYW. By Magistrate Judge Gordon P. Gallagher on 03/20/2020. (rvill, )
March 18, 2020 Filing 3 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rsams, )
March 18, 2020 Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Complaint, filed by attorney Maria-Vittoria G. Carminati. 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) (rsams, )
March 18, 2020 Filing 1 COMPLAINT for Declarative and Injunctive Relief regarding Edward Nellson as an Individual and all similarly situated Persons as a Class against Warden J. Barnhart, United States Federal Bureau of Prisons (Filing fee $ 400,Receipt Number 1082-7212369)Attorney Maria-Vittoria G. Carminati added to party Edward Nellson(pty:pla), filed by Edward Nellson. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Carminati, Maria-Vittoria)

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Defendant: Warden J. Barnhart
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Defendant: United States Federal Bureau of Prisons
Represented By: Lauren Marie Dickey
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Defendant: J. (I) Barnhart
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Defendant: J. Barnhart
Represented By: Lauren Marie Dickey
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Plaintiff: Edward Nellson
Represented By: Maria-Vittoria G. Carminati
Represented By: Alexandra Lee Parrott
Represented By: Mario Bernard Williams
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