Trujillo et al v. Weld County et al
| Stacie R Trujillo, Chad S Keller and Chad S. Keller |
| Erie Police Department, The, Kimberly A Stewart, Anthea (I) L Carrasco, Bobby G Sisneros, Jr, Steven (I) G Wrenn, Weld County, James D Hoysick, Jr, James (I) D Hoysick, Jr, Anthea L Carrasco, Christina (I) Muzzipapa, Richard L Mathis, Steven G Wrenn, Richard (I) L Mathis, Branin (I) Newman, Christina Muzzipapa, Kate (I) Gomolson, Kimberly (I) A Stewart, Branin Newman, Kate Gomolson and Board of County Commissioners for Weld County |
| 1:2020cv02862 |
| September 22, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Gordon P Gallagher |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
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| Filing 108 FINAL JUDGMENT re: Order Affirming and Adopting Recommendation of Magistrate Judge #107 . Entered by Clerk on 9/20/2021. (swest) |
Filing 107
ORDER Affirming and Adopting Recommendation of Magistrate Judge. The Recommendation of Magistrate Judge Wang #99 is AFFRIMED IN PART and MODIFIED IN PART, and the Motions to Dismiss #80 #81 #82 #90 are GRANTED. Claims I, II, and III of the Complaint are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; Claims IV and V are DISMISSED WITH PREJUDICE. Judge Wang's Recommendation #99 is ADOPTED in all other respects. The Clerk is directed to close the case. SO ORDERED by Judge Christine M. Arguello on 9/21/2021.(swest)
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| Filing 106 RESPONSE to Objection to #99 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand filed by James D Hoysick, Jr, #80 MOTION to Dismiss for Lack of Jurisdiction filed by Christina filed by Defendant James D Hoysick, Jr. (Matthews, John) |
| Filing 105 RESPONSE to Objection to #99 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand filed by James D Hoysick, Jr, #80 MOTION to Dismiss for Lack of Jurisdiction filed by Christina filed by Defendants Board of County Commissioners for Weld County, Anthea L Carrasco, Steven G Wrenn. (Attachments: #1 Exhibit A)(Burke, Alison) |
| Filing 104 RESPONSE to Objection to #99 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand filed by James D Hoysick, Jr, #80 MOTION to Dismiss for Lack of Jurisdiction filed by Christina filed by Defendants Erie Police Department, The, Richard L Mathis, Richard (I) L Mathis, Christina Muzzipapa, Christina (I) Muzzipapa, Branin Newman, Branin (I) Newman, Kimberly A Stewart, Kimberly (I) A Stewart. (Ziporin, Eric) |
| Filing 103 RESPONSE to Objection to #99 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand filed by James D Hoysick, Jr, #80 MOTION to Dismiss for Lack of Jurisdiction filed by Christina filed by Defendants Kate Gomolson, Kate (I) Gomolson. (Attachments: #1 Exhibit Ex. A to Defendant Kate Gomolson's Response to Plaintiffs' Objections to Magistrate's Recommendations)(Anderson, Derek) |
| Filing 102 SUPPLEMENT/AMENDMENT to #101 Objection to Report and Recommendations by Plaintiffs Chad S. Keller, Stacie R Trujillo. (Scabavea, Mark) |
| Filing 101 OBJECTION to #99 Report and Recommendations filed by Plaintiffs Chad S. Keller, Stacie R Trujillo. (Scabavea, Mark) |
| Filing 100 OBJECTION to #99 Report and Recommendations filed by Defendants Board of County Commissioners for Weld County, Anthea L Carrasco, Anthea (I) L Carrasco, Steven G Wrenn, Steven (I) G Wrenn. (Attachments: #1 Exhibit A -- Unpublished Cases Per Local Rule 7.1(e))(Hegarty, Matthew) |
| Filing 99 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 07/23/2021. For the reasons set forth herein, this court respectfully RECOMMENDS that: EPD Defendants Motion to Dismiss #80 be GRANTED; Defendant Gomolsons Motion to Dismiss #90 be GRANTED; Claims I, II, and III asserted in Plaintiffs Second Amended Complaint #76 be DISMISSED without prejudice for lack of subject matter jurisdiction; Defendant Hoysicks Motion to Dismiss [#82] be GRANTED; Weld County Defendants Motion to Dismiss [#81] be GRANTED; Claim IV as asserted against Defendants Gomolson and Hoysick be DISMISSED; and Claim V as asserted against the EPD Defendants, Weld County Defendants, Defendant Gomolson, and Defendant Hoysick be DISMISSED. (alave, ) |
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Filing 98
ORDER: Granting #97 Motion to Withdraw as Attorney. Attorney Betsy Stewart is permitted to withdraw as counsel for the Erie Defendants. The Court notes that Defendants continues to be represented by Mr. Ziporin. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Stewart's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 5/27/2021. Text Only Entry(cmasec)
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| Filing 97 MOTION to Withdraw as Attorney by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) |
| Filing 96 REPLY to Response to #90 MOTION to Dismiss filed by Defendants Kate Gomolson, Kate (I) Gomolson. (Anderson, Derek) |
| Filing 95 RESPONSE to #90 MOTION to Dismiss filed by Plaintiff Stacie R Trujillo. (Scabavea, Mark) |
| Filing 94 REPLY to Response to #81 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) |
| Filing 93 REPLY to Response to #31 MOTION to Dismiss Defendant James D. Hoysick, Jr. filed by Defendants James D Hoysick, Jr, James (I) D Hoysick, Jr. (Matthews, John) |
| Filing 92 REPLY to Response to #81 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand filed by Defendants Board of County Commissioners for Weld County, Anthea L Carrasco, Anthea (I) L Carrasco. (Burke, Alison) |
| Filing 91 MEMORANDUM regarding #90 MOTION to Dismiss filed by Kate (I) Gomolson, Kate Gomolson. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 3/25/2021. Text Only Entry (cmasec) |
| Filing 90 MOTION to Dismiss by Defendants Kate Gomolson, Kate (I) Gomolson. (Anderson, Derek) |
| Filing 89 RESPONSE to #82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand, #80 MOTION to Dismiss for Lack of Jurisdiction , #81 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Plaintiffs Chad S. Keller, Stacie R Trujillo. (Scabavea, Mark) |
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Filing 88
ORDER by Magistrate Judge Nina Y. Wang on 2/26/2021 GRANTING IN PART and DENYING IN PART the Parties' #86 Stipulated Motion to Stay. In light of the arguments set forth by the Parties, this court finds, upon consideration of the String Cheese factors, the balance of the same weighs in favor of a temporary stay until this court issues its Recommendation on the not-yet-ripe Motions to Dismiss #80 , #81 , #82 . See String Cheese Incident, LLC v. Stylus Show, Inc., No. 02-cv-01934-LTB-PAC, 2006 WL 894955 (D. Colo. Mar. 30, 2006). Accordingly, the unopposed Stipulated Motion to Stay is GRANTED IN PART and discovery is hereby STAYED until this court issues its Recommendation on the Motions to Dismiss #80 , #81 , #82 . This court will address the stay and/or the setting of a Scheduling Conference in its Recommendation on the pending Motions to Dismiss. Text Only Entry(nywlc1, )
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| Filing 87 MEMORANDUM regarding #86 Stipulated MOTION to Stay filed by Christina Muzzipapa, Richard L Mathis, Kimberly A Stewart, Erie Police Department, The, Branin Newman. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 2/23/2021. Text Only Entry (cmasec) |
| Filing 86 Stipulated MOTION to Stay by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) |
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Filing 85
ORDER granting #83 Motion for Extension of Time to File Response/Reply. Plaintiffs shall respond to the pending Motions to Dismiss #80 , #81 , #82 , on or before 3/18/2021. By Magistrate Judge Nina Y. Wang on 2/19/2021. Text Only Entry(nywlc1, )
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| Filing 84 MEMORANDUM regarding #82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand filed by James D Hoysick, Jr, #80 MOTION to Dismiss for Lack of Jurisdiction filed by Christina Muzzipapa, Richard L Mathis, Kimberly A Stewart, Erie Police Department, The, Branin Newman, #83 Unopposed MOTION for Extension of Time to File Response/Reply as to #82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand, #80 MOTION to Dismiss for Lack of Jurisdiction , #81 MOTION to Dismiss Pl filed by Stacie R Trujillo, #81 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Anthea L Carrasco, Board of County Commissioners for Weld County, Steven (I) G Wrenn, Steven G Wrenn, Anthea (I) L Carrasco. Motions referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 2/16/2021. Text Only Entry (cmasec) |
| Filing 83 Unopposed MOTION for Extension of Time to File Response/Reply as to #82 MOTION to Dismiss Plaintiffs' #76 Second Amended Complaint and Jury Demand, #80 MOTION to Dismiss for Lack of Jurisdiction , #81 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Plaintiff Stacie R Trujillo. (Scabavea, Mark) |
| Filing 82 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Jury Demand by Defendant James D Hoysick, Jr. (Attachments: #1 Exhibit A - CFI Report Dated March 1, 2019)(Matthews, John) |
| Filing 81 MOTION to Dismiss Plaintiffs' #76 Second Amended Complaint by Defendants Board of County Commissioners for Weld County, Anthea L Carrasco, Anthea (I) L Carrasco, Steven G Wrenn, Steven (I) G Wrenn. (Attachments: #1 Exhibit)(Burke, Alison) |
| Filing 80 MOTION to Dismiss for Lack of Jurisdiction by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Attachments: #1 Exhibit A)(Stewart, Betsy) |
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Filing 79
ORDER: In light of the filing of Plaintiffs' #76 Second Amended Complaint, the following Motions are DENIED as moot: #69 Motion to Dismiss for Lack of Jurisdiction; #68 Motion to Dismiss Plaintiffs' First Amended Complaint; #51 Joint Motion for Entry of Default and Default Judgment; #42 Motion to Dismiss; #40 Motion to Dismiss for Lack of Jurisdiction; and #31 Motion to Dismiss. FURTHER ORDERED that pleadings responsive to Plantiffs' #76 Second Amended Complaint are due on or before February 11, 2021. SO ORDERED by Judge Christine M. Arguello on 1/27/2021. Text Only Entry(cmasec)
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| Filing 78 CERTIFICATE OF COMPLIANCE re #75 Order on Motion for Leave,,,, Order on Motion for Extension of Time to File,,, by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) |
| Filing 77 WAIVER OF SERVICE Returned Executed by Stacie R Trujillo. Kate Gomolson waiver sent on 1/19/2021, answer due 3/20/2021; Kate (I) Gomolson waiver sent on 1/19/2021, answer due 3/20/2021. (Scabavea, Mark) |
| Filing 76 RESTRICTED DOCUMENT Level-1: SECOND AMENDED COMPLAINT against Board of County Commissioners for Weld County, Anthea L Carrasco, Anthea (I) L Carrasco, Erie Police Department, The, Kate Gomolson, Kate (I) Gomolson, James D Hoysick, Jr, James (I) D Hoysick, Jr, Richard L Mathis, Richard (I) L Mathis, Christina Muzzipapa, Christina (I) Muzzipapa, Branin Newman, Branin (I) Newman, Bobby G Sisneros, Jr, Kimberly A Stewart, Kimberly (I) A Stewart, Steven G Wrenn, Steven (I) G Wrenn Attorney Mark Edward Scabavea added to party Chad S. Keller(pty:pla), filed by Chad S. Keller, Stacie R Trujillo. Filed pursuant to #75 Minute Order. (nmarb, ) (Modified on 9/15/2021 Restricted pursuant to chambers)(evana, ). |
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Filing 75
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 1/21/21 GRANTING #64 Motion for Leave, as this Court CONSTRUES the Unopposed Motion for Leave to File Second Amended Complaint [#64] as stipulated pursuant to D.C.COLO.LCivR 15.1(a). Accordingly, the Clerk of the Court is DIRECTED to accept for filing the tendered Second Amended Complaint [#64-1]. The Weld County and EPD Defendants are ORDERED to SHOW CAUSE, after meeting and conferring with Plaintiffs, as to why this court should not recommend denial of the two pending Motions to Dismiss [#68, #69] in light of the acceptance of the tendered Second Amended Complaint [#64-1], by no later than January 26, 2021. The Court GRANTS #72 Plaintiff's Motion for Extension of Time to File Response to Defendant's Motions to Dismiss. Plaintiffs shall respond to the Defendants Motions to Dismiss [#68, #69] on or before February 10, 2021.(nmarb, )
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| Filing 74 MEMORANDUM regarding #72 Unopposed MOTION for Extension of Time to FILE RESPONSE TO DEFENDANTS MOTIONS TO DISMISS filed by Stacie R Trujillo. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 1/20/2021. Text Only Entry (cmasec) |
| Filing 73 MEMORANDUM regarding #69 MOTION to Dismiss for Lack of Jurisdiction filed by Christina Muzzipapa, Richard L Mathis, Kimberly A Stewart, Erie Police Department, The, Branin Newman, #68 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Weld County, Anthea L Carrasco, Steven G Wrenn, #64 Unopposed MOTION for Leave to FILE SECOND AMENDED COMPLAINT AND JURY DEMAND filed by Stacie R Trujillo. Motions referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 1/20/2021. Text Only Entry (cmasec) |
| Filing 72 Unopposed MOTION for Extension of Time to FILE RESPONSE TO DEFENDANTS MOTIONS TO DISMISS by Plaintiff Stacie R Trujillo. (Scabavea, Mark) |
| Filing 70 NOTICE of Entry of Appearance by Derek C. Anderson on behalf of Kate Gomolson, Kate (I) GomolsonAttorney Derek C. Anderson added to party Kate Gomolson(pty:dft), Attorney Derek C. Anderson added to party Kate (I) Gomolson(pty:dft) (Anderson, Derek) |
| Filing 69 MOTION to Dismiss for Lack of Jurisdiction by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Attachments: #1 Exhibit A - COA Order 19CA998)(Stewart, Betsy) |
| Filing 68 MOTION to Dismiss Plaintiffs' #71 First Amended Complaint by Defendants Anthea L Carrasco, Weld County, Steven G Wrenn. (Attachments: #1 Exhibit A)(Burke, Alison) |
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Filing 67
ORDER granting #65 Motion for Extension of Time to File Response/Reply. Defendant Hoysick shall file an answer or otherwise respond to the First Amended Complaint on or before 1/25/2021. By Magistrate Judge Nina Y. Wang on 1/10/2021. Text Only Entry(nywlc1, )
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| Filing 66 MEMORANDUM regarding #65 Second MOTION for Extension of Time to File Response/Reply as to #64 Unopposed MOTION for Leave to FILE SECOND AMENDED COMPLAINT AND JURY DEMAND filed by James D Hoysick, Jr. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 1/8/2021. Text Only Entry (cmasec) |
| Filing 65 Second MOTION for Extension of Time to File Response/Reply as to #64 Unopposed MOTION for Leave to FILE SECOND AMENDED COMPLAINT AND JURY DEMAND by Defendant James D Hoysick, Jr. (Attachments: #1 Proposed Order (PDF Only))(Matthews, John) |
| Filing 64 Unopposed MOTION for Leave to FILE SECOND AMENDED COMPLAINT AND JURY DEMAND by Plaintiff Stacie R Trujillo. (Attachments: #1 Proposed Document Proposed Second Amended Complaint, #2 Exhibit D.C.COLO.LCiv15.1(a) requirement)(Scabavea, Mark) |
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Filing 63
ORDER granting #59 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Erie Police Department, Richard L. Mathis, Christina Muzzipapa, Branin Newman, and Kimberly A. Stewart's answer due 1/11/2021. By Magistrate Judge Nina Y. Wang on 12/22/2020. Text Only Entry(nywlc1, )
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Filing 62
ORDER granting #58 Motion for Extension of Time to File. Defendant James D. Hoysick, Jr.'s answer due 1/11/2021. By Magistrate Judge Nina Y. Wang on 12/22/2020. Text Only Entry(nywlc1, )
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| Filing 61 MEMORANDUM regarding #59 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Complaint filed by Christina Muzzipapa, Richard L Mathis, Kimberly A Stewart, Erie Police Department, The, Branin Newman. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 12/22/2020. Text Only Entry (cmasec) |
| Filing 60 MEMORANDUM regarding #58 Unopposed MOTION for Extension of Time to file Responsive Pleading to Plaintiff's First Amended Complaint filed by James D Hoysick, Jr, #59 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Complaint filed by Christina Muzzipapa, Richard L Mathis, Kimberly A Stewart, Erie Police Department, The, Branin Newman. Motions referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 12/22/2020. Text Only Entry (cmasec) |
| Filing 59 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' #71 First Amended Complaint by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) (Modified on 1/13/2021 edited to add link to First Amended Complaint)(evana, ). |
| Filing 58 Unopposed MOTION for Extension of Time to file Responsive Pleading to Plaintiff's #71 First Amended Complaint by Defendant James D Hoysick, Jr. (Attachments: #1 Proposed Order (PDF Only))(Matthews, John) (Modified on 1/13/2021 edited to add link)(evana, ). |
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Filing 57
ORDER granting #55 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Anthea L. Carrasco, Steven G. Wrenn, and Weld County's answer due 1/11/2021. By Magistrate Judge Nina Y. Wang on 12/17/2020. Text Only Entry(nywlc1, )
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| Filing 56 MEMORANDUM regarding #55 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Complaint [ECF 45-1] From Defendants Weld County, Steven G. Wrenn, and Anthea L. Carrasco filed by Weld County, Anthea L Carrasco, Steven (I) G Wrenn, Steven G Wrenn, Anthea (I) L Carrasco. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 12/17/2020. Text Only Entry (cmasec) |
| Filing 55 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' First Amended Complaint [ECF 71] From Defendants Weld County, Steven G. Wrenn, and Anthea L. Carrasco by Defendants Anthea L Carrasco, Anthea (I) L Carrasco, Weld County, Steven G Wrenn, Steven (I) G Wrenn. (Hegarty, Matthew) (Modified on 1/13/2021 corrected link to #71 )(evana, ). |
| Filing 71 FIRST AMENDED COMPLAINT and Jury Demand, against Anthea L Carrasco, Anthea (I) L Carrasco, Erie Police Department, The, Kate Gomolson, Kate (I) Gomolson, James D Hoysick, Jr, James (I) D Hoysick, Jr, Richard L Mathis, Richard (I) L Mathis, Christina Muzzipapa, Christina (I) Muzzipapa, Branin Newman, Branin (I) Newman, Bobby G Sisneros, Jr, Kimberly A Stewart, Kimberly (I) A Stewart, Steven G Wrenn, Steven (I) G Wrenn, Board of County Commissioners for Weld County. Attorney Mark Edward Scabavea added to party Chad S. Keller(pty:pla), filed by Chad S. Keller, Stacie R Trujillo.(nmarb, ) Modified on 1/13/2021 to add jury demand. (nmarb, ). |
| Filing 54 Clerk's ENTRY OF DEFAULT as to Bobby G Sisneros, Jr re #51 MOTION for Entry of Default "As the requirements for entry of default against Defendant Bobby G. Sisneros have been met under the Federal Rules of Civil Procedure, default is hereby entered by the Clerk under Fed.R.Civ.P. 55(a) and not Colorado Rule of Civil Procedure 55.", by Clerk. Text Only Entry (evana, ) |
| Filing 53 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 12/14/2020. Given this court's 52 Minute Order construing the Parties' filings, #45 and #50 , as a Notice of Amended Pleading pursuant to D.C.COLOLCivR 15.1(a), this court respectfully RECOMMENDS that: (1) Defendant James D. Hoysick, Jr.'s #31 Motion to Dismiss be DENIED as moot; (2) Defendants Erie Police Department, Richard L. Mathis, Christina Muzzipapa, Branin Newman, and Kimberly A. Stewart's #40 Motion to Dismiss for Lack of Jurisdiction be DENIED as moot; and (3) Defendants Anthea L. Carrasco, Weld County, and Steven G. Wrenn's #42 Motion to Dismiss be DENIED as moot. This court acknowledges that all Defendants reserve any substantive arguments regarding the First Amended Complaint for the forthcoming responsive pleadings and/or motions that are due within fourteen days of the Order. Text Only Entry(nywlc1, ) |
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Filing 52
ORDER construing #45 Motion for Leave as a Notice of Filing an Amended Pleading pursuant to D.C.COLOLCivR 15.1(a), in light of Defendants' #50 Joint Status Report indicating no opposition. The Clerk of the Court is DIRECTED to accept for filing the tendered [45-1] Amended Complaint. By Magistrate Judge Nina Y. Wang on 12/14/2020. Text Only Entry(nywlc1, )
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| Filing 51 Joint MOTION for Entry of Default and Judgment as to Defendant Sisneros by Plaintiff Chad S. Keller. (Attachments: #1 Affidavit Pursuant to Fed. R. Civ. P. 55(a), #2 Summons Proof of Service)(Keller, Chad) (Modified on 12/14/2020 edited the title of the text to reflect the title of the document filed)(evana, ). |
| Filing 50 Joint STATUS REPORT by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) |
| Filing 49 Exhibits in Support of #45 First MOTION for Leave to TO FILE FIRST AMENDED COMPLAINT AND JURY DEMAND AND FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANTS MOTIONS TO DISMISS #1 Complaint,, copy for D.C.COLO.LCivR 15.1(a) by Plaintiff Stacie R Trujillo. (Scabavea, Mark) |
| Filing 48 MEMORANDUM regarding #45 First MOTION for Leave to TO FILE FIRST AMENDED COMPLAINT AND JURY DEMAND AND FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANTS MOTIONS TO DISMISS #1 Complaint,, filed by Stacie R Trujillo, #42 MOTION to Dismiss filed by Weld County, Anthea L Carrasco, Steven (I) G Wrenn, Steven G Wrenn, Anthea (I) L Carrasco. Motions referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 12/10/2020. Text Only Entry (cmasec) |
| Filing 47 COURTROOM MINUTES for Telephonic Status Conference held before Magistrate Judge Nina Y. Wang on 12/9/2020. Plaintiffs shall submit a redlined version of the proposed First Amended Complaint consistent with D.C.COLO.LCivR 15.1(a). Defendants shall file a Joint Status Report by 12/11/2020. FTR: NYW-FTR. (ebuch) |
| Filing 46 CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Bobby G Sisneros, Jr re #44 MOTION for Entry of Default as to as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) does not include the date service was complete, the affidavit or declaration required by Fed. R. Civ. P. 55(a) does not include a statement that no responsive pleading has been filed within the time limit set by the Federal Rules of Civil Procedure or the court, the affidavit or declaration concerning defendant(s) military status required by Service Members Civil Relief Act was not filed, by Clerk. Text Only Entry (evana, ) |
| Filing 45 First MOTION for Leave to TO FILE FIRST AMENDED COMPLAINT AND JURY DEMAND AND FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANTS MOTIONS TO DISMISS #1 Complaint, by Plaintiff Stacie R Trujillo. (Attachments: #1 Proposed Amended Complaint)(Scabavea, Mark) |
| Filing 44 MOTION for Entry of Default as to Defendant Sisneros by Plaintiff Chad S. Keller. (Attachments: #1 Summons)(Keller, Chad) (Modified on 12/9/2020 edited the title to reflect the correct event)(evana, ). |
| Filing 43 MEMORANDUM regarding #40 MOTION to Dismiss for Lack of Jurisdiction filed by Christina Muzzipapa, Richard L Mathis, Kimberly A Stewart, Erie Police Department, The, Branin Newman, #42 MOTION to Dismiss filed by Weld County, Anthea L Carrasco, Steven (I) G Wrenn, Steven G Wrenn, Anthea (I) L Carrasco. Motions referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 12/4/2020. Text Only Entry (cmasec) |
| Filing 42 MOTION to Dismiss by Defendants Anthea L Carrasco, Anthea (I) L Carrasco, Weld County, Steven G Wrenn, Steven (I) G Wrenn. (Attachments: #1 Exhibit A)(Burke, Alison) |
| Filing 41 NOTICE of Entry of Appearance by Alison Foley Burke on behalf of Anthea L Carrasco, Anthea (I) L Carrasco, Weld County, Steven G Wrenn, Steven (I) G WrennAttorney Alison Foley Burke added to party Anthea L Carrasco(pty:dft), Attorney Alison Foley Burke added to party Anthea (I) L Carrasco(pty:dft), Attorney Alison Foley Burke added to party Weld County(pty:dft), Attorney Alison Foley Burke added to party Steven G Wrenn(pty:dft), Attorney Alison Foley Burke added to party Steven (I) G Wrenn(pty:dft) (Burke, Alison) |
| Filing 40 MOTION to Dismiss for Lack of Jurisdiction by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) |
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Filing 39
ORDER granting #36 Motion for Extension of Time to File Response/Reply. Plaintiff Chad S. Keller shall file a Response to Defendant James D. Hoysick's #31 Motion to Dismiss on or before 12/28/2020. The court notes that Plaintiff Keller requests a 21-day extension to his Response deadline but also requests that the deadline be set for 12/7/2020. Because Plaintiff Keller's Response, without an extension, would otherwise be due 12/7/2020, the court construes the 12/7/2020 requested deadline to be a typographical error and sets the deadline 21 days therefrom. By Magistrate Judge Nina Y. Wang on 11/30/2020. Text Only Entry(nywlc1, )
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| Filing 38 MEMORANDUM regarding #36 Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Defendant James D. Hoysick, Jr. filed by Chad S. Keller. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 11/25/2020. Text Only Entry (cmasec) |
| Filing 37 NOTICE of Entry of Appearance for Plaintiff Stacie R. Trujillo by Mark Edward Scabavea on behalf of Stacie R TrujilloAttorney Mark Edward Scabavea added to party Stacie R Trujillo(pty:pla) (Scabavea, Mark) |
| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Dismiss Defendant James D. Hoysick, Jr. by Plaintiff Chad S. Keller. (Keller, Chad) |
| Filing 35 MEMORANDUM regarding #31 MOTION to Dismiss Defendant James D. Hoysick, Jr. filed by James (I) D Hoysick, Jr, James D Hoysick, Jr. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 11/18/2020. Text Only Entry (cmasec) |
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Filing 34
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may 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 Christine M. Arguello on 11/18/2020. Text Only Entry (cmasec)
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| Filing 33 CASE REASSIGNED pursuant to #32 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 20-cv-02862-CMA. (Text Only Entry) (nmarb, ) |
| Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Defendants Erie Police Department, The, Richard L Mathis, Richard (I) L Mathis, Christina Muzzipapa, Christina (I) Muzzipapa, Branin Newman, Branin (I) Newman, Kimberly A Stewart, Kimberly (I) A Stewart All parties do not consent.. (Ziporin, Eric) |
| Filing 31 MOTION to Dismiss Defendant James D. Hoysick, Jr. by Defendants James D Hoysick, Jr, James (I) D Hoysick, Jr. (Matthews, John) |
| Filing 30 NOTICE of Entry of Appearance by John Charles Matthews on behalf of James D Hoysick, Jr, James (I) D Hoysick, JrAttorney John Charles Matthews added to party James D Hoysick, Jr(pty:dft), Attorney John Charles Matthews added to party James (I) D Hoysick, Jr(pty:dft) (Matthews, John) |
| Filing 29 NOTICE of Entry of Appearance by David James Nowak on behalf of James D Hoysick, Jr, James (I) D Hoysick, JrAttorney David James Nowak added to party James D Hoysick, Jr(pty:dft), Attorney David James Nowak added to party James (I) D Hoysick, Jr(pty:dft) (Nowak, David) |
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Filing 28
ORDER construing #27 Motion for Extension of Time to Answer or Otherwise Respond as the Parties' one stipulation for an extension of time pursuant to D.C.COLO.LCivR 6.1(a). Accordingly, Defendants Erie Police Department, Richard L. Mathis, Christina Muzzipapa, Branin Newman, and Kimberly A. Stewart's answer due 12/3/2020. By Magistrate Judge Nina Y. Wang on 11/9/2020. Text Only Entry(nywlc1, )
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| Filing 27 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendants Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A Stewart. (Stewart, Betsy) |
| Filing 26 NOTICE of Entry of Appearance by Betsy L. Stewart on behalf of Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A StewartAttorney Betsy L. Stewart added to party Erie Police Department, The(pty:dft), Attorney Betsy L. Stewart added to party Richard L Mathis(pty:dft), Attorney Betsy L. Stewart added to party Christina Muzzipapa(pty:dft), Attorney Betsy L. Stewart added to party Branin Newman(pty:dft), Attorney Betsy L. Stewart added to party Kimberly A Stewart(pty:dft) (Stewart, Betsy) |
| Filing 25 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Erie Police Department, The, Richard L Mathis, Christina Muzzipapa, Branin Newman, Kimberly A StewartAttorney Eric Michael Ziporin added to party Erie Police Department, The(pty:dft), Attorney Eric Michael Ziporin added to party Richard L Mathis(pty:dft), Attorney Eric Michael Ziporin added to party Christina Muzzipapa(pty:dft), Attorney Eric Michael Ziporin added to party Branin Newman(pty:dft), Attorney Eric Michael Ziporin added to party Kimberly A Stewart(pty:dft) (Ziporin, Eric) |
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Filing 24
ORDER granting #23 Motion for Extension of Time to Answer or Otherwise Respond, in light of the relative newness of this action. Defendants Anthea L. Carrasco, Board of County Commissioners of Weld County, and Steven G. Wrenn's answer due 12/3/2020. Accordingly, the Telephonic Status Conference set in this court's 10 Minute Order is hereby RESET for 12/9/2020 10:30 AM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. IT IS FURTHER ORDERED that copies of this Minute Order be sent to the following: Chad S. Keller, 564 Grindle Bridge Road, Dahlonega, Georgia 30533; and Stacie R. Trujillo, 441 Yates Street, Denver, Colorado 80204. By Magistrate Judge Nina Y. Wang on 10/30/2020. Text Only Entry(nywlc1, ) Modified on 11/5/2020 to show that copies of this order mailed as directed. (nmarb, ).
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| Filing 23 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, From Defendants Weld County, Steven G. Wrenn, and Anthea L. Carrasco by Defendants Anthea L Carrasco, Anthea (I) L Carrasco, Weld County, Steven G Wrenn, Steven (I) G Wrenn. (Hegarty, Matthew) |
| Filing 22 NOTICE of Entry of Appearance by Matthew Joseph Hegarty on behalf of Anthea L Carrasco, Anthea (I) L Carrasco, Weld County, Steven G Wrenn, Steven (I) G WrennAttorney Matthew Joseph Hegarty added to party Anthea L Carrasco(pty:dft), Attorney Matthew Joseph Hegarty added to party Anthea (I) L Carrasco(pty:dft), Attorney Matthew Joseph Hegarty added to party Weld County(pty:dft), Attorney Matthew Joseph Hegarty added to party Steven G Wrenn(pty:dft), Attorney Matthew Joseph Hegarty added to party Steven (I) G Wrenn(pty:dft) (Hegarty, Matthew) |
| Filing 21 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. James D Hoysick, Jr served on 10/25/2020, answer due 11/16/2020. (nmarb, ) |
| Filing 15 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Bobby G Sisneros, Jr served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 20 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Weld County served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 19 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Steven G Wrenn served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 18 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Richard L Mathis served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 17 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Kimberly A Stewart served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 16 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Erie Police Department, The served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 14 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Branin Newman served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 13 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Christina Muzzipapa served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 12 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Anthea L. Carrasco served on 10/22/2020, answer due 11/12/2020. (nmarb, ) |
| Filing 11 SUMMONS Returned Executed by Chad S Keller, Stacie R Trujillo. Anthea L Carrasco served on all listed defendants on 10/22/2020, answer due for all listed defendants of 11/12/2020. (Attachments: #1 Proof of Service on Christiana Muzzipapa, #2 Proof of Service on Bobby G. Sisneros, Jr., #3 Proof of Service on Erie Police Department, #4 Proof of Service on Kimberly A. Stewart, #5 Proof of Service on Richard L Mathis, #6 Proof of Service on Steven G. Wrenn, #7 Proof of Service on Weld County, #8 Proof of Service on Branin Newman)(nmarb, ) |
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Filing 10
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/9/2020. Due to an unavoidable scheduling conflict, the Telephonic Status Conference set for 11/30/2020 at 2:30 PM is hereby RESET in time only to 01:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. IT IS FURTHER ORDERED that copies of this Minute Order be sent to the following: Chad S. Keller, 564 Grindle Bridge Road, Dahlonega, Georgia 30533; and Stacie R. Trujillo, 441 Yates Street, Denver, Colorado 80204. Text Only Entry (nywlc1, )
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| Filing 9 CERTIFICATE of Service by mail by Clerk of Court re #8 to Stacie R Trujillo 441 Yates Street Denver, CO 80204 and to Chad S Keller 564 Grindle Bridge Road Dahlonega, GA 30533. Text Only Entry (cmadr, ) |
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Filing 8
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 1 October 2020. IT IS ORDERED that a Telephonic Status Conference is set for November 30, 2020 at 2:30 p.m. before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976 to participate at the designated time. IT IS FURTHER ORDERED that the parties shall complete and file the Consent/Non-Consent Form indicating either unanimous consent of the parties or that consent has been declined, on or before November 16, 2020. (cmadr, )
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| Filing 7 Letter re #1 Complaint. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (jsalz, ) |
| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (evana, ) (Modified on 10/15/2020 (attached correct PDF)evana, ). |
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Filing 5
ORDER DRAWING CASE. After review under D.C.COLO.LCivR 8.1, the court has determined that this case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). This Case is randomly reassigned to Magistrate Judge Nina Y. Wang for all further proceedings, by Magistrate Judge Gordon P. Gallagher on 9/30/2020. (evana, )
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| Filing 4 Filing fee: $ 400, receipt number COX096519 (jsalz, ) |
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Filing 3
ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES within thirty (30) days from the date of this order. Any papers that Plaintiffs file in response to this order must include the civil action number on this order. That Plaintiffs shall either pay the $400.00 filing fee or obtain and file the court-approved Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) form, along with the applicable instructions, at www.cod.uscourts.gov. that, if Plaintiffs fail to cure all of the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice, by Magistrate Judge Gordon P. Gallagher on 9/23/2020. (evana, )
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| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jsalz, ) |
| Filing 1 COMPLAINT AND JURY DEMAND against Anthea L Carrasco, Anthea (I) L Carrasco, Erie Police Department, The, Kate Gomolson, Kate (I) Gomolson, James D Hoysick, Jr, James (I) D Hoysick, Jr, Richard L Mathis, Richard (I) L Mathis, Christina Muzzipapa, Christina (I) Muzzipapa, Branin Newman, Branin (I) Newman, Bobby G Sisneros, Jr, Kimberly A Stewart, Kimberly (I) A Stewart, Weld County, Steven G Wrenn, Steven (I) G Wrenn, filed by Chad S Keller, Stacie R Trujillo. (Attachments: #1 Proposed Summonses)(jsalz, ) |
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