Estate of Elijah Javon McClain et al v. City of Aurora, Colorado et al
| LaWayne Mosley, Estate of Elijah Javon McClain and Sheneen McClain |
| James Root, Kyle Dittrich, Matthew Green (I), Nathan Woodyard (I), Randy Roedema, Randy Roedema (I), Kyle Dittrich (I), Nathan Woodyard, Jason Rosenblatt, Darren Dunson, Rachel Nunez (I), Jeremy Cooper (I), City of Aurora, Colorado, Jordan Mullins-Orcutt (I), Peter Cichuniec, Erica Marrero, Peter Cichuniec (I), Darren Dunson (I), Dale Leonard (I), Alicia Ward (I), Alicia Ward, Jordan Mullins-Orcutt, Jason Rosenblatt (I), James Root (I), Rachel Nunez, Eric Hill, Erica Marrero (I), Dale Leonard, Jeremy Cooper, Matthew Green, James (I) Root, Nathan (I) Woodyard, Jeremy (I) Cooper, Rachel (I) Nunez, Erica (I) Marrero, Peter (I) Cichuniec, Randy (I) Roedema, Darren (I) Dunson, Kyle (I) Dittrich, Jason (I) Rosenblatt, Dale (I) Leonard, Alicia (I) Ward, Matthew (I) Green and Jordan (I) Mullins-Orcutt |
| 1:2020cv02389 |
| August 11, 2020 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| N Reid Neureiter |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 20 CERTIFICATE of Review Pursuant to C.R.S. 13-20-602(3)(a) re: #1 Complaint,, by Plaintiffs Estate of Elijah Javon McClain, Sheneen McClain, LaWayne Mosley. (Newman, Mari) |
Filing 19
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 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 10/8/2020. Text Only Entry (dddlc3, )
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| Filing 18 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Daniel D. Domenico for all further proceedings. All future pleadings should be designated as |
| Filing 17 CASE REASSIGNED pursuant to #16 Consent to Jurisdiction of Magistrate Judge.All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-02389-LTB. (Text Only Entry) (nmarb, ) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Estate of Elijah Javon McClain, Sheneen McClain, LaWayne Mosley All parties do not consent.. (Newman, Mari) |
| Filing 15 NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Kyle (I) Dittrich, Darren (I) Dunson, Matthew (I) Green, Dale (I) Leonard, Erica (I) Marrero, Jordan (I) Mullins-Orcutt, Rachel (I) Nunez, Randy (I) Roedema, James (I) Root, Jason (I) Rosenblatt, Alicia (I) Ward, Nathan (I) WoodyardAttorney Yulia Nikolaevskaya added to party Kyle (I) Dittrich(pty:dft), Attorney Yulia Nikolaevskaya added to party Darren (I) Dunson(pty:dft), Attorney Yulia Nikolaevskaya added to party Matthew (I) Green(pty:dft), Attorney Yulia Nikolaevskaya added to party Dale (I) Leonard(pty:dft), Attorney Yulia Nikolaevskaya added to party Erica (I) Marrero(pty:dft), Attorney Yulia Nikolaevskaya added to party Jordan (I) Mullins-Orcutt(pty:dft), Attorney Yulia Nikolaevskaya added to party Rachel (I) Nunez(pty:dft), Attorney Yulia Nikolaevskaya added to party Randy (I) Roedema(pty:dft), Attorney Yulia Nikolaevskaya added to party James (I) Root(pty:dft), Attorney Yulia Nikolaevskaya added to party Jason (I) Rosenblatt(pty:dft), Attorney Yulia Nikolaevskaya added to party Alicia (I) Ward(pty:dft), Attorney Yulia Nikolaevskaya added to party Nathan (I) Woodyard(pty:dft) (Nikolaevskaya, Yulia) |
| Filing 14 NOTICE of Entry of Appearance by Jonathan Marshall Abramson on behalf of Kyle (I) Dittrich, Darren (I) Dunson, Matthew (I) Green, Dale (I) Leonard, Erica (I) Marrero, Jordan (I) Mullins-Orcutt, Rachel (I) Nunez, Randy (I) Roedema, James (I) Root, Jason (I) Rosenblatt, Alicia (I) Ward, Nathan (I) WoodyardAttorney Jonathan Marshall Abramson added to party Kyle (I) Dittrich(pty:dft), Attorney Jonathan Marshall Abramson added to party Darren (I) Dunson(pty:dft), Attorney Jonathan Marshall Abramson added to party Matthew (I) Green(pty:dft), Attorney Jonathan Marshall Abramson added to party Dale (I) Leonard(pty:dft), Attorney Jonathan Marshall Abramson added to party Erica (I) Marrero(pty:dft), Attorney Jonathan Marshall Abramson added to party Jordan (I) Mullins-Orcutt(pty:dft), Attorney Jonathan Marshall Abramson added to party Rachel (I) Nunez(pty:dft), Attorney Jonathan Marshall Abramson added to party Randy (I) Roedema(pty:dft), Attorney Jonathan Marshall Abramson added to party James (I) Root(pty:dft), Attorney Jonathan Marshall Abramson added to party Jason (I) Rosenblatt(pty:dft), Attorney Jonathan Marshall Abramson added to party Alicia (I) Ward(pty:dft), Attorney Jonathan Marshall Abramson added to party Nathan (I) Woodyard(pty:dft) (Abramson, Jonathan) |
| Filing 13 NOTICE of Entry of Appearance by Peter Ruben Morales on behalf of Peter Cichuniec, City of Aurora, Colorado, Jeremy Cooper, Kyle Dittrich, Darren Dunson, Matthew Green, Dale Leonard, Erica Marrero, Jordan Mullins-Orcutt, Rachel Nunez, Randy Roedema, James Root, Jason Rosenblatt, Alicia Ward, Nathan WoodyardAttorney Peter Ruben Morales added to party Peter Cichuniec(pty:dft), Attorney Peter Ruben Morales added to party City of Aurora, Colorado(pty:dft), Attorney Peter Ruben Morales added to party Jeremy Cooper(pty:dft), Attorney Peter Ruben Morales added to party Kyle Dittrich(pty:dft), Attorney Peter Ruben Morales added to party Darren Dunson(pty:dft), Attorney Peter Ruben Morales added to party Matthew Green(pty:dft), Attorney Peter Ruben Morales added to party Dale Leonard(pty:dft), Attorney Peter Ruben Morales added to party Erica Marrero(pty:dft), Attorney Peter Ruben Morales added to party Jordan Mullins-Orcutt(pty:dft), Attorney Peter Ruben Morales added to party Rachel Nunez(pty:dft), Attorney Peter Ruben Morales added to party Randy Roedema(pty:dft), Attorney Peter Ruben Morales added to party James Root(pty:dft), Attorney Peter Ruben Morales added to party Jason Rosenblatt(pty:dft), Attorney Peter Ruben Morales added to party Alicia Ward(pty:dft), Attorney Peter Ruben Morales added to party Nathan Woodyard(pty:dft) (Morales, Peter) |
| Filing 12 NOTICE of Entry of Appearance by Isabelle Sabra Evans on behalf of Peter Cichuniec, City of Aurora, Colorado, Jeremy Cooper, Kyle Dittrich, Darren Dunson, Matthew Green, Dale Leonard, Erica Marrero, Jordan Mullins-Orcutt, Rachel Nunez, Randy Roedema, James Root, Jason Rosenblatt, Alicia Ward, Nathan WoodyardAttorney Isabelle Sabra Evans added to party Peter Cichuniec(pty:dft), Attorney Isabelle Sabra Evans added to party City of Aurora, Colorado(pty:dft), Attorney Isabelle Sabra Evans added to party Jeremy Cooper(pty:dft), Attorney Isabelle Sabra Evans added to party Kyle Dittrich(pty:dft), Attorney Isabelle Sabra Evans added to party Darren Dunson(pty:dft), Attorney Isabelle Sabra Evans added to party Matthew Green(pty:dft), Attorney Isabelle Sabra Evans added to party Dale Leonard(pty:dft), Attorney Isabelle Sabra Evans added to party Erica Marrero(pty:dft), Attorney Isabelle Sabra Evans added to party Jordan Mullins-Orcutt(pty:dft), Attorney Isabelle Sabra Evans added to party Rachel Nunez(pty:dft), Attorney Isabelle Sabra Evans added to party Randy Roedema(pty:dft), Attorney Isabelle Sabra Evans added to party James Root(pty:dft), Attorney Isabelle Sabra Evans added to party Jason Rosenblatt(pty:dft), Attorney Isabelle Sabra Evans added to party Alicia Ward(pty:dft), Attorney Isabelle Sabra Evans added to party Nathan Woodyard(pty:dft) (Evans, Isabelle) |
| Filing 11 NOTICE of Entry of Appearance by David M. Goddard on behalf of Peter Cichuniec (I), Jeremy Cooper (I)Attorney David M. Goddard added to party Peter Cichuniec (I)(pty:dft), Attorney David M. Goddard added to party Jeremy Cooper (I)(pty:dft) (Goddard, David) |
| Filing 10 NOTICE of Entry of Appearance by Michael Turner Lowe on behalf of Peter Cichuniec (I), Jeremy Cooper (I)Attorney Michael Turner Lowe added to party Peter Cichuniec (I)(pty:dft), Attorney Michael Turner Lowe added to party Jeremy Cooper (I)(pty:dft) (Lowe, Michael) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Sheneen McClain, Estate of Elijah Javon McClain, LaWayne Mosley. Kyle Dittrich waiver sent on 8/25/2020, answer due 10/26/2020; Kyle Dittrich (I) waiver sent on 8/25/2020, answer due 10/26/2020; Darren Dunson waiver sent on 8/25/2020, answer due 10/26/2020; Darren Dunson (I) waiver sent on 8/25/2020, answer due 10/26/2020; Matthew Green waiver sent on 8/25/2020, answer due 10/26/2020; Matthew Green (I) waiver sent on 8/25/2020, answer due 10/26/2020; Dale Leonard waiver sent on 8/25/2020, answer due 10/26/2020; Dale Leonard (I) waiver sent on 8/25/2020, answer due 10/26/2020; Erica Marrero waiver sent on 8/25/2020, answer due 10/26/2020; Erica Marrero (I) waiver sent on 8/25/2020, answer due 10/26/2020; Jordan Mullins-Orcutt waiver sent on 8/25/2020, answer due 10/26/2020; Jordan Mullins-Orcutt (I) waiver sent on 8/25/2020, answer due 10/26/2020; Rachel Nunez waiver sent on 8/25/2020, answer due 10/26/2020; Rachel Nunez (I) waiver sent on 8/25/2020, answer due 10/26/2020; Randy Roedema waiver sent on 8/25/2020, answer due 10/26/2020; Randy Roedema (I) waiver sent on 8/25/2020, answer due 10/26/2020; James Root waiver sent on 8/25/2020, answer due 10/26/2020; James Root (I) waiver sent on 8/25/2020, answer due 10/26/2020; Jason Rosenblatt waiver sent on 8/25/2020, answer due 10/26/2020; Jason Rosenblatt (I) waiver sent on 8/25/2020, answer due 10/26/2020; Alicia Ward waiver sent on 8/25/2020, answer due 10/26/2020; Alicia Ward (I) waiver sent on 8/25/2020, answer due 10/26/2020; Nathan Woodyard waiver sent on 8/25/2020, answer due 10/26/2020; Nathan Woodyard (I) waiver sent on 8/25/2020, answer due 10/26/2020. (Newman, Mari) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Sheneen McClain, Estate of Elijah Javon McClain, LaWayne Mosley. Peter Cichuniec waiver sent on 8/25/2020, answer due 10/26/2020; Peter Cichuniec (I) waiver sent on 8/25/2020, answer due 10/26/2020; Jeremy Cooper waiver sent on 8/25/2020, answer due 10/26/2020; Jeremy Cooper (I) waiver sent on 8/25/2020, answer due 10/26/2020. (Newman, Mari) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Sheneen McClain, Estate of Elijah Javon McClain, LaWayne Mosley. City of Aurora, Colorado waiver sent on 8/25/2020, answer due 10/26/2020; Eric Hill waiver sent on 8/24/2020, answer due 10/23/2020. (Attachments: #1 Exhibit Return of Service - Hill)(Newman, Mari) |
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Filing 6
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 11 August 2020. IT IS FURTHER ORDERED that on or before October 8, 2020, the partiesshall complete and file the Consent/Non-Consent Form (see Dkt. #5 ). Proposed Scheduling Order due 10/15/2020. Scheduling Conference set for 10/22/2020 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, AccessCode 5755390# at the scheduled time. (cmadr, )
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| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Summons not issued. (cpomm, ) |
| Filing 4 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (cpomm, ) |
| Filing 3 NOTICE of Entry of Appearance by Michael Paul Fairhurst on behalf of All Plaintiffs Attorney Michael Paul Fairhurst added to party Estate of Elijah Javon McClain(pty:pla), Attorney Michael Paul Fairhurst added to party Sheneen McClain(pty:pla), Attorney Michael Paul Fairhurst added to party LaWayne Mosley(pty:pla) (Fairhurst, Michael) |
| Filing 2 NOTICE of Entry of Appearance by Liana Gerstle Orshan on behalf of All Plaintiffs Attorney Liana Gerstle Orshan added to party Estate of Elijah Javon McClain(pty:pla), Attorney Liana Gerstle Orshan added to party Sheneen McClain(pty:pla), Attorney Liana Gerstle Orshan added to party LaWayne Mosley(pty:pla) (Orshan, Liana) |
| Filing 1 COMPLAINT and Jury Demand against Peter Cichuniec, City of Aurora, Colorado, Jeremy Cooper, Kyle Dittrich, Darren Dunson, Matthew Green, Eric Hill, Dale Leonard, Erica Marrero, Jordan Mullins-Orcutt, Rachel Nunez, Randy Roedema, James Root, Jason Rosenblatt, Alicia Ward, Nathan Woodyard (Filing fee $ 400,Receipt Number 1082-7430271)Attorney Mari Anne Newman added to party Estate of Elijah Javon McClain(pty:pla), Attorney Mari Anne Newman added to party Sheneen McClain(pty:pla), Attorney Mari Anne Newman added to party LaWayne Mosley(pty:pla), filed by Sheneen McClain, Estate of Elijah Javon McClain, LaWayne Mosley. (Attachments: #1 Civil Cover Sheet)(Newman, Mari) |
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