Viscarelli v. Simone et al
| Michael L. Viscarelli |
| Member Randy Knoche, Member Keith Moy, Member Sara Schmidt, President Michael Simone, Member Donald Corenman, Secretary Alexandra Zuccarelli, Colorado Board of Chiropractic Examiners, Program Director Cheris Frailey, Vice President Michelle Wendling, Keith Moy, Donald Corenman, Cheris Frailey, Alexandra Zuccarelli, Michael Simone, Randy Knoche, Sara Schmidt and Michelle Wendling |
| 1:2020cv01859 |
| June 23, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Lewis T Babcock |
| Michael E Hegarty |
| Civil Rights: Other |
| None |
Docket Report
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| Filing 50 FINAL JUDGMENT re: #49 Order Adopting Recommendation of United States Magistrate Judge. Entered by the Clerk on 01/04/2021. (swest) |
Filing 49
ORDER Adopting Recommendation of United States Magistrate Judge. ORDERED: The September 17, 2020 Recommendation of United States Magistate Judge #38 is AFFIRMED AND ADOPTED as an Order of this Court. Defendants' Motion to Dismiss #21 is GRANTED pursuant to Younger v. Harris, 401 U.S. 37, 43 (1971), and its progeny. Plaintiff's Motion for Preliminary Injunction #35 is DENIED AS MOOT. The Clerk of Court is respectfully directed to close this case. SO ORDERED by Judge Christine M. Arguello on 01/04/2021.(swest)
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| Filing 48 RESPONSE to #45 Plaintiff's Supplement to #40 Objection of Magistrate Judge Recommendation by Defendants Colorado Board of Chiropractic Examiners, Donald Corenman, Cheris Frailey, Randy Knoche, Keith Moy, Sara Schmidt, Michael Simone, Michelle Wendling, Alexandra Zuccarelli. (evana, ) |
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Filing 47
ORDER Granting #46 Defendants' Motion for Leave to File Response to [ 45] Plaintiff's Supplement to Objection to #38 Magistrate's Recommendation. Defendants' Response (attached as Exhibit [46-1] is accepted for filing and shall be filed by the Clerk's Office as a separate document. SO ORDERED by Judge Christine M. Arguello on 10/23/2020. Text Only Entry(cmasec)
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| Filing 46 MOTION for Leave to File Response to Plaintiffs Supplement to Objection to Magistrates Recommendation Regarding Defendants Motion to Dismis #45 Supplement/Amendment by Defendants Colorado Board of Chiropractic Examiners, Donald Corenman, Cheris Frailey, Randy Knoche, Keith Moy, Sara Schmidt, Michael Simone, Michelle Wendling, Alexandra Zuccarelli. (Attachments: #1 Proposed Document Response to Plaintiffs Supplement to Objection to Magistrates Recommendation Regarding Defendants Motion to Dismiss)(Haskins, Jodanna) |
| Filing 45 SUPPLEMENT to #40 OBJECTION re #38 Report and Recommendations, by Plaintiff Michael L. Viscarelli. (evana, ) |
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Filing 44
ORDER Granting #43 Plaintiff's Motion for Leave to Supplement Objection. FURTHER ORDERED that Plaintiff's Supplement to #40 Objection of #38 Magistrate's Recommendation (attached as Exhibit [42-1] is accepted for filing and shall be filed by the Clerk's Office as a separate document. SO ORDERED by Judge Christine M. Arguello on 10/19/2020. Text Only Entry(cmasec)
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| Filing 43 MOTION for Leave to Supplement Objection to Magistrate's Recommendation Regarding Defendants' Motion to Dismiss [Doc. No. 40] by Plaintiff Michael L. Viscarelli. (Attachments: #1 Proposed Document Supplement to Dr. Viscarelli's Objection to Magistrate's Recommendation Regarding Defendants' Motion to Dismiss)(Brim, Katherine) |
| Filing 42 REPLY to Response to #35 MOTION for Preliminary Injunction filed by Plaintiff Michael L. Viscarelli. (Attachments: #1 Exhibit M , #2 Exhibit N , #3 Exhibit O )(Brim, Katherine) |
| Filing 41 RESPONSE to Objection to #38 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE filed by Defendants Colorado Board of Chiropractic Examiners, Donald Corenman, Cheris Frailey, Randy Knoche, Keith Moy, Sara Schmidt, Michael Simone, Michelle Wendling, Alexandra Zuccarelli. (Haskins, Jodanna) |
| Filing 40 OBJECTION of Magistrate Judge re #38 Report and Recommendations, by Plaintiff Michael L. Viscarelli. (Hershey, Kari) (Modified on 10/8/2020 edited to reflect that is an objection to the Recommendation and not an Appeal of a decision)(evana, ). |
| Filing 39 RESPONSE to #35 MOTION for Preliminary Injunction filed by Defendants Colorado Board of Chiropractic Examiners, Donald Corenman, Cheris Frailey, Randy Knoche, Keith Moy, Sara Schmidt, Michael Simone, Michelle Wendling, Alexandra Zuccarelli. (Haskins, Jodanna) |
| Filing 38 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Michael E. Hegarty on 17 September 2020. The Court respectfully RECOMMENDS that Judge Christine M. Arguello GRANT the Defendants' motion to dismiss #21 pursuant to Fed. R. Civ. P. 12(b)(1), dismissing without prejudice Plaintiff's Complaint. Furthermore, the Court respectfully RECOMMENDS Judge Arguello DENY WITHOUT PREJUDICE Plaintiff's motion for preliminary injunction #35 based on the recommendation to dismiss Plaintiff's Complaint. (cmadr, ) |
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Filing 37
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 4 September 2020. Before the Court is Plaintiff's Motion for Preliminary Injunction (ECF #35 ). Defendants shall file a response to the Motion on or before September 25, 2020, and Plaintiff may file a reply on or before fourteen days after service of the response. (cmadr, )
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| Filing 36 MEMORANDUM regarding #35 MOTION for Preliminary Injunction filed by Michael L. Viscarelli. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 9/3/2020. Text Only Entry (cmasec) |
| Filing 35 MOTION for Preliminary Injunction by Plaintiff Michael L. Viscarelli. (Brim, Katherine) |
| Filing 34 MEMORANDUM regarding #21 MOTION to Dismiss filed by Donald Corenman, Keith Moy, Sara Schmidt, Randy Knoche, Cheris Frailey, Michelle Wendling, Alexandra Zuccarelli, Colorado Board of Chiropractic Examiners, Michael Simone. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 8/25/2020. Text Only Entry (cmasec) |
| Filing 33 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Christine M. Arguello for all further proceedings. All future pleadings should be designated as 20-cv-1859-CMA-MEH (angar, ) |
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Filing 32
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 8/24/2020. (jgonz, )
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| Filing 31 CASE REASSIGNED pursuant to #30 Order of Recusal. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-01859-LTB-MEH. (Text Only Entry) (athom, ) |
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Filing 30
ORDER OF RECUSAL. By Judge Daniel D. Domenico on 08/21/2020. (athom, )
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| Filing 29 REPLY to Response to #21 MOTION to Dismiss filed by Defendants Colorado Board of Chiropractic Examiners, Donald Corenman, Cheris Frailey, Randy Knoche, Keith Moy, Sara Schmidt, Michael Simone, Michelle Wendling, Alexandra Zuccarelli. (Haskins, Jodanna) |
| Filing 28 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 8/20/2020. Discovery Deadline: June 15, 2021. Dispositive Motion Deadline: July 15, 2021 Initial Rule 26(a)(2). Disclosures: April 1, 2021. Rebuttal Rule 26(a)(2) Disclosures: May 1, 2021. FTR: A501. (cthom, ) |
| Filing 27 Proposed Scheduling Order by Plaintiff Michael L. Viscarelli. (Hershey, Kari) |
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Filing 26
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 12 August 2020. Before the Court are Defendants' Proposed Scheduling Order (ECF #24 ) and Plaintiff'sProposed Scheduling Order (ECF #25 ). The parties shall prepare and file a single Joint Proposed Scheduling Order on or before August 13, 2020; in addition, the parties shall provide the Court with an editable copy of theproposed order by emailing it to hegarty_chambers@cod.uscourts.gov. If the parties have any disputes concerning any portion of the proposed order, they shall note such disputes in the order. (cmadr, )
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| Filing 25 Proposed Scheduling Order by Plaintiff Michael L. Viscarelli. (Hershey, Kari) |
| Filing 24 Proposed Scheduling Order by Defendants Colorado Board of Chiropractic Examiners, Donald Corenman, Cheris Frailey, Randy Knoche, Keith Moy, Sara Schmidt, Michael Simone, Michelle Wendling, Alexandra Zuccarelli. (Haskins, Jodanna) |
| Filing 23 RESPONSE to #21 MOTION to Dismiss filed by Plaintiff Michael L. Viscarelli. (Attachments: #1 Exhibit Exhibit L)(Hershey, Kari) |
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Filing 22
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 7 August 2020. Due to a conflict in the Court's calendar, the Scheduling Conference currently set on August 18, 2020 is vacated and rescheduled to August 20, 2020 at 11:15 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. All other aspects of this Court's June 26, 2020 order remain in effect. (cmadr, )
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| Filing 21 MOTION to Dismiss by Defendants Colorado Board of Chiropractic Examiners, Donald Corenman, Cheris Frailey, Randy Knoche, Keith Moy, Sara Schmidt, Michael Simone, Michelle Wendling, Alexandra Zuccarelli. (Finke, Robert) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Michael L. Viscarelli All parties do not consent.. (Hershey, Kari) |
| Filing 19 NOTICE of Entry of Appearance by Jodanna L. Haskins on behalf of All Defendants Attorney Jodanna L. Haskins added to party Colorado Board of Chiropractic Examiners(pty:dft), Attorney Jodanna L. Haskins added to party Donald Corenman(pty:dft), Attorney Jodanna L. Haskins added to party Cheris Frailey(pty:dft), Attorney Jodanna L. Haskins added to party Randy Knoche(pty:dft), Attorney Jodanna L. Haskins added to party Keith Moy(pty:dft), Attorney Jodanna L. Haskins added to party Sara Schmidt(pty:dft), Attorney Jodanna L. Haskins added to party Michael Simone(pty:dft), Attorney Jodanna L. Haskins added to party Michelle Wendling(pty:dft), Attorney Jodanna L. Haskins added to party Alexandra Zuccarelli(pty:dft) (Haskins, Jodanna) |
| Filing 18 SUMMONS Returned Executed by Michael L. Viscarelli. Alexandra Zuccarelli served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 17 SUMMONS Returned Executed by Michael L. Viscarelli. Michelle Wendling served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 16 SUMMONS Returned Executed by Michael L. Viscarelli. Michael Simone served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 15 SUMMONS Returned Executed by Michael L. Viscarelli. Sara Schmidt served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 14 SUMMONS Returned Executed by Michael L. Viscarelli. Keith Moy served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 13 SUMMONS Returned Executed by Michael L. Viscarelli. Randy Knoche served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 12 SUMMONS Returned Executed by Michael L. Viscarelli. Cheris Frailey served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 11 SUMMONS Returned Executed by Michael L. Viscarelli. Colorado Board of Chiropractic Examiners served on 6/26/2020, answer due 7/17/2020. (Hershey, Kari) |
| Filing 10 NOTICE of Entry of Appearance by Robert William Finke on behalf of All Defendants Attorney Robert William Finke added to party Colorado Board of Chiropractic Examiners(pty:dft), Attorney Robert William Finke added to party Donald Corenman(pty:dft), Attorney Robert William Finke added to party Cheris Frailey(pty:dft), Attorney Robert William Finke added to party Randy Knoche(pty:dft), Attorney Robert William Finke added to party Keith Moy(pty:dft), Attorney Robert William Finke added to party Sara Schmidt(pty:dft), Attorney Robert William Finke added to party Michael Simone(pty:dft), Attorney Robert William Finke added to party Michelle Wendling(pty:dft), Attorney Robert William Finke added to party Alexandra Zuccarelli(pty:dft) (Finke, Robert) |
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Filing 9
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 26 June 2020. Due to a conflict on the Court's calendar, the Scheduling Conference set for August 24, 2020 is vacated and reset for August 18, 2020, at 11:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouselocated at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 8/11/2020. (cmadr, )
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| Filing 8 SUMMONSES issued by Clerk. (athom, ) |
| Filing 7 SUMMONS REQUEST as to Michael Simone, Michelle Wendling, Alexandra Zuccarelli, Sara Schmidt, Keith Moy, Randy Knoche, Donald Corenman, Cheris Frailey, and The Colorado Board of Chiropractic Examiners re #5 Magistrate Judge, #1 Complaint,,, by Plaintiff Michael L. Viscarelli, D.C.. (Hershey, Kari) |
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Filing 6
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 25 June 2020. Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on August 24, 2020, at 10:15 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 counsel for the parties and any unrepresented non-prisoner parties in this case are to hold a meeting in accordance with Fed. R. Civ. P. 26(f) on or before August 3, 2020 and jointly prepare a proposed Scheduling Order. (cmadr, )
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| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. Summons submitted has incorrect caption and not issued. Please file completed summons for issuance using the event Summons Request. (jtorr, ) |
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Filing 4
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 6/24/2020. Text Only Entry (dddlc3, )
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| Filing 3 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Attorney Kari M. Hershey has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases) #1 . DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (jtorr, ) Modified to add attorney name on 06/25/2020 (jtorr, ). |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-7355048)Attorney Kari MacKercher Hershey added to party Michael L. Viscarelli(pty:pla), filed by Michael L. Viscarelli. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet Attachment A, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Summons BCE, #15 Summons Corenman, #16 Summons Frailey, #17 Summons Knoche, #18 Summons Moy, #19 Summons Schmidt, #20 Summons Simone, #21 Summons Wendling, #22 Summons Zuccarelli)(Hershey, Kari) |
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