Simpson v. Castro-Loya et al
Terri Simpson |
Travis Fleming, Mark Kohn and Tania Castro-Loya |
1:2020cv02287 |
August 3, 2020 |
US District Court for the District of Colorado |
Scott T Varholak |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.
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Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Defendants Tania Castro-Loya, Travis Fleming, Mark Kohn All parties do not consent.. (Abramson, Jonathan) |
Filing 20 NOTICE of Filing Amended Complaint and Jury Demand by Plaintiff Terri Simpson (jgonz, ) |
Filing 18 ORDER This matter is before the Court on #16 Motion to Amend Complaint. Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), a party may amend its pleading once as a matter of course within 21 days after service of a motion under Rule 12(b), if the pleading is one to which a responsive pleading is required. Having met those conditions, the Clerk of Court is instructed to enter [16-1] as Plaintiffs First Amended Complaint. Pursuant to D.C.COLO.LCivR 15.1, a party is required to supply the Court with a redlined copy of the proposed amended pleading, which strikes through the text to be deleted and underlines the text to be added. Plaintiff has not provided a redlined copy of the complaint, and is thus ORDERED to file a notice of filing of the Amended Complaint that attaches as an exhibit a redline of the amended complaint on or before October 7, 2020. Because Plaintiff has now filed an Amended Complaint, the Motion to Dismiss Plaintiff's original complaint is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) ("Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is moot."). Accordingly, Defendants' Motion to Dismiss Plaintiff's Complaint #15 is DENIED as MOOT. SO ORDERED, by Magistrate Judge Scott T. Varholak on 09/23/2020. Text Only Entry(stvlc2, ) |
Filing 17 RESPONSE to #15 MOTION to Dismiss for Failure to State a Claim by Plaintiff Terri Simpson. (cmadr, ) |
Filing 19 AMENDED COMPLAINT AND JURY DEMAND against Tania Castro-Loya, Travis Fleming, Mark Kohn, filed by Terri Simpson.(Filed pursuant to 18 )(cmadr, ) |
Filing 16 Plaintiff's MOTION for Leave to Amend Complaint by Plaintiff Terri Simpson. (Attachments: #1 Amended Complaint)(cmadr, ) |
Filing 15 MOTION to Dismiss for Failure to State a Claim by Defendants Tania Castro-Loya, Travis Fleming, Mark Kohn. (Abramson, Jonathan) |
Filing 14 ORDER denying without prejudice #13 Motion for Appointment of Counsel, by Magistrate Judge Scott T. Varholak on 8/19/2020.(jgonz, ) |
Filing 13 MOTION for Appointment of Counsel by Plaintiff Terri Simpson. (jgonz, ) |
Filing 12 CERTIFICATE of Service by Mail by Clerk of Court re 10 Order on Motion for Extension of Time to Answer or Otherwise Respond, to Terri Simpson,326 North 10th Avenue,Brighton, CO 80601. Text Only Entry (jgonz, ) |
Filing 11 NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Tania Castro-Loya, Travis Fleming, Mark KohnAttorney Yulia Nikolaevskaya added to party Tania Castro-Loya(pty:dft), Attorney Yulia Nikolaevskaya added to party Travis Fleming(pty:dft), Attorney Yulia Nikolaevskaya added to party Mark Kohn(pty:dft) (Nikolaevskaya, Yulia) |
Filing 10 ORDER granting #9 Defendants' Motion for Extension of Time to Answer or Otherwise Respond to #2 Plaintiff's Complaint and Jury Demand until 8/31/2020. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/07/2020. Text Only Entry(stvlc1, ) |
Filing 9 MOTION for Extension of Time to File Answer or Otherwise Respond re #2 Complaint by Defendants Tania Castro-Loya, Travis Fleming, Mark Kohn. (Abramson, Jonathan) |
Filing 8 ORDER Setting Scheduling Conference for 10/15/2020 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 10/1/2020. Proposed Scheduling Order due 10/8/2020, by Magistrate Judge Scott T. Varholak on 8/4/2020. (jgonz, ) |
Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, ) |
Filing 6 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
Filing 5 AFFIDAVIT of Service of District Court Civil Summons; Complaint and Jury Demand and District Court Civil Case Cover Sheet upon Tania Castro-Loya on 07/20/2020. (jtorr, ) |
Filing 4 AFFIDAVIT of Service of District Court Civil Summons; Complaint and Jury Demand and District Court Civil Case Cover Sheet upon Travis Fleming on 07/16/2020. (jtorr, ) |
Filing 3 AFFIDAVIT of Service of District Court Civil Summons; Complaint and Jury Demand and District Court Civil Cover Sheet upon Mark Kohn on 07/13/2020. (jtorr, ) |
Filing 2 COMPLAINT and Jury Demand against Tania Castro-Loya, Travis Fleming, Mark Kohn, filed by Terri Simpson.(jtorr, ) |
Filing 1 NOTICE OF REMOVAL by Travis Fleming, Mark Kohn, Tania Castro-Loya from Adams County District Court, Case Number 2020CV000045. (Filing fee $ 400, Receipt Number 1082-7417925), filed by Travis Fleming, Mark Kohn, Tania Castro-Loya. (Attachments: #1 Exhibit 1 - Complaint, Summons, Civil Cover Sheet, #2 Exhibit 2 - Kohn ROS, #3 Exhibit 3 - Fleming ROS, #4 Exhibit 4 - Castro-Loya ROS, #5 Civil Cover Sheet)(Abramson, Jonathan) |
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