Abay et al v. City of Denver
| Michael McDaniel, Agazi Abay, Amy Schneider and Gabriel Thorn |
| City of Denver |
| 1:2020cv01616 |
| June 4, 2020 |
| U.S. District Court for the District of Colorado |
| R Brooke Jackson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 44 MOTION for Order to Show Cause by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16, #14 Exhibit 18, #15 Exhibit 19)(Schwab, Edward) |
| Filing 43 Partial TRANSCRIPT of Preliminary Injunction - Testimony of Sgt. Havard held on June 25, 2020 before Judge Jackson. Pages: 1-13. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (smitc, ) |
| Filing 42 ANSWER to #4 Complaint by City of Denver.(Lewis, Melanie) |
Filing 41
ORDER APPROVING STIPULATION re: #39 Evidentiary Hearing and #40 Stipulation. The Court approves the parties' stipulation. In view of the Law Enforcement Integrity Act, to which the parties refer in the stipulation, and the other terms of the stipulation, the Court will not further extend the temporary restraining order or enter a preliminary injunction at this time. The Court retains jurisdiction to consider any future request by the plaintiffs or the defendant that might be viewed as necessary and appropriate. By Judge R. Brooke Jackson on 6/26/2020. (rbjsec, )
|
| Filing 40 STIPULATION by Defendant City of Denver. (Lewis, Melanie) |
| Filing 39 COURTROOM MINUTES for Preliminary Injunction Hearing via Video Teleconference held before Judge R. Brooke Jackson on 6/25/2020. Parties are to submit a signed written stipulation via email to chambers by 10:00 a.m. on Friday, June 26, 2020. Court Reporter: Sarah Mitchell. (ebuch) |
| Filing 38 RESPONSE to #27 MOTION for Preliminary Injunction filed by Defendant City of Denver. (Attachments: #1 Exhibit Exhibit 1 - Emergency-Curfew-Order_2020.05.30, #2 Exhibit Exhibit 2 - Extended-Emergency-Curfew_2020.06.01, #3 Exhibit Exhibit 3 - Bruning Declaration, #4 Exhibit Exhibit 6 - DPD BWC Policy, #5 Exhibit Exhibit 7 - Kushdilian Declaration)(Klingsporn, Geoffrey) |
| Filing 37 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant City of Denver. City of Denver answer due 6/25/2020. (Farley, Conor) |
|
Filing 36
MINUTE ORDER: A half-day Evidentiary Hearing Re: Preliminary Injunction is set for 6/25/2020 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. Due to the COVID-19 pandemic, the hearing will be held by video teleconference. The Court's staff will provide connection instructions to the parties by email prior to the hearing. by Judge R. Brooke Jackson on 6/23/2020. Text Only Entry (rbjsec. )
|
|
Filing 35
ORDER: the Court sua sponte extends its temporary restraining order for one week to June 26, 2020, with the proviso that, as to any part of the temporary restraining order that is inconsistent with the points on which the parties have agreed, the parties' agreement will prevail. by Judge R. Brooke Jackson on 6/19/20. (jdyne, )
|
| Filing 34 NOTICE re 29 Order on Motion for TRO,,,, Notice of Submission of Proposed Order by Defendant City of Denver (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Phelan Declaration)(Lewis, Melanie) |
| Filing 33 NOTICE re 29 Order on Motion for TRO,,,, of Stipulated and Disputed Injunctive Relief by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwab, Edward) |
| Filing 32 NOTICE re 29 Order on Motion for TRO,,,, Updated Notice of Conferral Pursuant to ECF No 29 by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn (Attachments: #1 Exhibit Emails regarding conferrals)(Ziev, Ross) |
|
Filing 31
ORDER denying #27 Motion for Preliminary Injunction. See the Court's order at ECF No. 29. By Judge R. Brooke Jackson on 6/17/2020. Text Only Entry(rbjsec. )
|
|
Filing 30
ORDER denying #26 MOTION to Amend/Correct/Modify 16 Order on Motion for TRO. See the Court's order at ECF No. 29. By Judge R. Brooke Jackson on 6/17/2020.(rbjsec.)
|
|
Filing 29
ORDER denying #25 Emergency MOTION for Temporary Restraining Order Extension. The Court will not consider further relief until counsel certify that they have conferred, in person or by telephone, and that they have attempted in good faith to reach a stipulated order that reasonably assures that peaceful protesters in the future will be protected against inappropriate police response and that reasonably assures that police officers will be able to take reasonable actions to protect themselves, the public, and property. Further, the Court will not entertain any "emergency" motion that is based on speculation as opposed to hard evidence of misconduct. The parties, if they set aside the extremes on both sides, should be able to reach an agreement that accomplishes mutually desired goals. If the parties, despite their respective statements that they have similar goals, cannot reach an agreement, then they may submit their respective proposed orders, and the Court will likely enter the order or a version of it that is the most reasonable. By Judge R. Brooke Jackson on 6/17/2020. Text Only Entry(rbjsec. )
|
| Filing 28 RESPONSE to #25 Emergency MOTION for Temporary Restraining Order Extension, #26 MOTION to Amend/Correct/Modify #16 Order on Motion for TRO filed by Defendant City of Denver. (Klingsporn, Geoffrey) |
| Filing 27 MOTION for Preliminary Injunction by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Schwab, Edward) |
| Filing 26 MOTION to Amend/Correct/Modify #16 Order on Motion for TRO by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schwab, Edward) |
| Filing 25 Emergency MOTION for Temporary Restraining Order Extension by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Schwab, Edward) |
|
Filing 24
ORDER granting #23 Motion to Withdraw as Attorney. Attorney John Michael Guevara and Laura Beth Wolf are withdrawn. By Judge R. Brooke Jackson on 6/11/2020. Text Only Entry(rbjsec.)
|
| Filing 23 MOTION to Withdraw as Attorney by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Wolf, Laura) |
| Filing 22 NOTICE of Entry of Appearance by Geoffrey Charles Klingsporn on behalf of City of DenverAttorney Geoffrey Charles Klingsporn added to party City of Denver(pty:dft) (Klingsporn, Geoffrey) |
|
Filing 21
ORDER granting in part and denying in part #17 Motion to Amend/Correct/Modify. Having reviewed the motion and response, the Court grants the motion to the extent that it requests that officers who may authorize otherwise prohibited force to respond to violence or property destruction that they personally observe are those at the level of lieutenant and above. The Court denies the motion to the extent it requests modification of the body camera language. However, as a matter of common sense, the Court is not requiring that body cameras be activated and draining batteries when nothing is happening in the officer's vicinity. The cameras should be activated and filming any and all acts of confrontation between police officers and others, and if that means increasing the supply of batteries, so be it. by Judge R. Brooke Jackson on 6/6/20. Text Only Entry(rbj)
|
| Filing 20 RESPONSE to #17 Emergency MOTION to Amend/Correct/Modify #16 Order on Motion for TRO filed by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Wolf, Laura) |
| Filing 19 NOTICE re #17 Emergency MOTION to Amend/Correct/Modify #16 Order on Motion for TRO by Defendant City of Denver (Lewis, Melanie) |
|
Filing 18
ORDER taking under advisement #17 Motion to Amend/Correct/Modify. You have not conferred with opposing counsel, and they have not responded. Ideally, you reach agreement. However, if you have continued to try to reach opposing counsel (and there seem to be at least four of them)but cannot, I will rule without their input on or before 6:00 p.m. tonight (Saturday).n by Judge R. Brooke Jackson on 6/6/20. Text Only Entry(rbj)
|
| Filing 17 Emergency MOTION to Amend/Correct/Modify #16 Order on Motion for TRO by Defendant City of Denver. (Attachments: #1 Exhibit A - Body Camera Policy)(Lewis, Melanie) |
|
Filing 16
ORDER granting in part #10 Motion for TRO by Judge R. Brooke Jackson on 6/5/20.(jdyne, )
|
| Filing 15 NOTICE re #10 MOTION for Temporary Restraining Order of Proposed Temporary Restraining Order by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn (Wolf, Laura) |
| Filing 14 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Motion Hearing held on 6/5/2020. Matter is TAKEN UNDER ADVISEMENT, written order to issue. Court Reporter: Sarah Mitchell. (jdyne, ) |
|
Filing 13
MINUTE ORDER re: #9 Emergency MOTION for Hearing/Conference to Hear TRO TODAY filed by Amy Schneider, Agazi Abay, Michael McDaniel, Gabriel Thorn and #10 MOTION for Temporary Restraining Order filed by Amy Schneider, Agazi Abay, Michael McDaniel, Gabriel Thorn. A Hearing is set for today, 6/5/2020 at 6:00 PM in Courtroom A 902 before Judge R. Brooke Jackson. The Hearing will be held by video teleconference. The Court's staff will provide the connection information to the parties by separate email. The general public or media may listen to the hearing by dialing Toll Free: 888-204-5984 using Access Code: 7557338#. By Judge R. Brooke Jackson on 6/5/2020. Text Only Entry (rbjsec. )
|
|
Filing 12
MINUTE ORDER re: #10 MOTION for Temporary Restraining Order filed by Amy Schneider, Agazi Abay, Michael McDaniel, Gabriel Thorn. The Court requests that the defendant submit a response brief immediately. The Court is considering when and how it can hold a hearing via video teleconference. By Judge R. Brooke Jackson on 6/5/2020. Text Only Entry (rbjsec. )
|
| Filing 11 NOTICE of Entry of Appearance by John Michael Guevara on behalf of All Plaintiffs Attorney John Michael Guevara added to party Agazi Abay(pty:pla), Attorney John Michael Guevara added to party Michael McDaniel(pty:pla), Attorney John Michael Guevara added to party Amy Schneider(pty:pla), Attorney John Michael Guevara added to party Gabriel Thorn(pty:pla) (Guevara, John) |
| Filing 10 MOTION for Temporary Restraining Order by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Wolf, Laura) |
| Filing 9 Emergency MOTION for Hearing/Conference to Hear TRO TODAY by Plaintiffs Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel Thorn. (Schwab, Edward) |
| Filing 8 NOTICE of Entry of Appearance by Laura Beth Wolf on behalf of Agazi Abay, Michael McDaniel, Amy Schneider, Gabriel ThornAttorney Laura Beth Wolf added to party Agazi Abay(pty:pla), Attorney Laura Beth Wolf added to party Michael McDaniel(pty:pla), Attorney Laura Beth Wolf added to party Amy Schneider(pty:pla), Attorney Laura Beth Wolf added to party Gabriel Thorn(pty:pla) (Wolf, Laura) |
| Filing 7 NOTICE of Entry of Appearance by Ross I. Ziev on behalf of All Plaintiffs Attorney Ross I. Ziev added to party Agazi Abay(pty:pla), Attorney Ross I. Ziev added to party Michael McDaniel(pty:pla), Attorney Ross I. Ziev added to party Amy Schneider(pty:pla), Attorney Ross I. Ziev added to party Gabriel Thorn(pty:pla) (Ziev, Ross) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 3 NOTICE of Entry of Appearance by Conor Daniel Farley on behalf of City of DenverAttorney Conor Daniel Farley added to party City of Denver(pty:dft) (Farley, Conor) |
| Filing 2 NOTICE of Entry of Appearance by Edward Milo Schwab on behalf of All Plaintiffs Attorney Edward Milo Schwab added to party Agazi Abay(pty:pla), Attorney Edward Milo Schwab added to party Michael McDaniel(pty:pla), Attorney Edward Milo Schwab added to party Amy Schneider(pty:pla), Attorney Edward Milo Schwab added to party Gabriel Thorn(pty:pla) (Schwab, Edward) |
| Filing 1 NOTICE OF REMOVAL by City of Denver from Denver District Court, Case Number 2020CV31927. (Filing fee $ 400, Receipt Number 1082-7326259), filed by City of Denver. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Civil Case Cover Sheet, #3 Exhibit C - Summons, #4 Exhibit D - Notice of In-Person Status ConferenceHearing, #5 Exhibit E - Pre-trial Order, #6 Exhibit F - Delay Reduction Order, #7 Exhibit G - Register of Actions)(Lewis, Melanie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
