Denver Homeless Out Loud et al v. Denver, Colorado et al
| Nathaniel Warner, Charles Davis, Michael Lamb, Tomasa Dogtrail, Sharron Meitzen, Gregory Costigan, Steve Olsen, Lisa Masaro, Denver Homeless Out Loud, Rick Meitzen, Jr. and Sean Martinez |
| Kristin (I) Bronson, Cleveland, Jared (I) S. Polis, Barkley, Hardy, T. Phuvhapaisalkij, Daugherty, Kline, Michael Hancock, Cheema, Kristin Bronson, Sanchez, R. Monthathong, D. Martinez, T. Wilson, Bob McDonald, James Harvey, Environmental Hazmat Services, Gasparovic, Crenshaw, M. Moore, Caldwell, C. Randall, Dirnberger, Jared Polis, D. Hunter, Murphy Robinson, Weil, A. Martinez, Hood, Murphy (I) Robinson, Trujillo, Voss, Dr. Williams, Dinkel, Denver, Colorado, Mallory Lutkin, Keeling, Tony Martinez, R. Manzanares, Strickland, Larreau, Gonzales, Sargenti, Jewett, Novy, Harrington, Pratt, J. Udland, Major, Burt, McCall, Rae, Conover, Simcox, Darren Ulrich, Sam Wallace, Davey, Ross, Mike Cody, Wallace Sam, Toby Wilson, Alec W. Barkley, Sean McCall, Victor Sargent, Anthony Martinez, Christopher Randall, nathan Hardy, David Dinkel, Rop Monthathong, Haas E. Pratt, Brandon Novy, Crsytal Crenshaw, Patrick Williams, Jon Udland, Andrew Gasparovic, William Caldwell, Doug Kline, David Martinez, Ty Simcox, Ryan A. Voss, David Hunter, Rusty Sanchez, Jonathan Strickland, Joseph Dirnberger, Jeremy Harrington, Brian Conover, Jacob Cleveland, Geoffrey Keeling, Christopher Gonzales, Heidi Jewett, Umair Cheema, Kevin Rae, Kyle Ross, Colin Daugherty, Nicholas Trujillo, J.P. Burt, Thanarat Phuvhapaisalkij, Thomas Major, Bryan Larreau, Gregory Davey, Mark Moore and Darce Weil |
| ACLU |
| 1:2020cv02985 |
| October 5, 2020 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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Filing 93
First MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Amended/Updated Complaint by Defendant Environmental Hazmat Services. (Attachments: #1 Proposed Order (PDF Only))(Singleton, Evan)
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Filing 92
RESPONSE to #88 MOTION to Quash Subpoenas, or, in the Alternative, for a Protective Order filed by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 91
RESPONSE to #83 MOTION to Quash Subpoena to Testify filed by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (Attachments: #1 Exhibit 1 - Order Howards v Reichle)(McNulty, Andrew)
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Filing 90
ORDER: This matter is before the Court on Defendants Hancock, McDonald, and Robinson's Motion to Quash Subpoenas, or, in the Alternative, for a Protective Order #88 . Plaintiffs are DIRECTED to file a Response to the Motion no later than 12:00 noon Friday, December 4, 2020. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 12/2/2020. Text Only Entry (wjmsec, )
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Filing 89
AMENDED 85 ORDER: This matter is before the Court on the Governor's Motion to Quash Subpoena to Testify #83 . Plaintiffs are DIRECTED to file a Response to the Motion no later than 12:00 noon Thursday, December 3, 2020. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 12/2/2020. Text Only Entry (wjmsec, )
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Filing 88
MOTION to Quash Subpoenas, or, in the Alternative, for a Protective Order by Defendants Michael Hancock, Bob McDonald, Murphy Robinson, Murphy (I) Robinson. (Attachments: #1 Exhibit Exhibit A - Mayor Michael Hancock Subpoena, #2 Exhibit Exhibit B - Bob McDonald Subpoena, #3 Exhibit Exhibit C - Murphy Robinson Subpoena)(Horn, Michele)
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Filing 87
RESTRICTED DOCUMENT - Level 1 - Exhibits to #86 : by Defendant Jared Polis.. (Scoville, Stephanie) Modified on 12/2/2020 to add title (angar, ).
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Filing 86
RESPONSE to Court Ordered Discovery by Defendant Jared Polis. (Attachments: #1 Exhibit Ex. A - Responsive Documents, #2 Exhibit Ex. B - Responsive Documents, #3 Exhibit Ex. C - Responsive Documents, #4 Exhibit Ex. D - Privilege Log)(Scoville, Stephanie)
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Filing 85
ORDER: This matter is before the Court on the Governor's Motion to Quash Subpoena to Testify #83 . Plaintiffs are DIRECTED to file a Response to the Motion no later than tomorrow, December 2, 2020. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 12/1/2020. Text Only Entry (wjmsec, )
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Filing 84
RESPONSE to Court-Ordered Discovery by Defendants Kristin Bronson, Kristin (I) Bronson, Mike Cody, Brian Conover, Denver, Colorado, Michael Hancock, James Harvey, David Hunter, Mallory Lutkin, Anthony Martinez, David Martinez, Bob McDonald, Rop Monthathong, Mark Moore, Thanarat Phuvhapaisalkij, Christopher Randall, Murphy Robinson, Murphy (I) Robinson, Wallace Sam, Jon Udland, Darren Ulrich, Toby Wilson. (Attachments: #1 Exhibit Bates Nos. 1-3, #2 Exhibit Bates Nos. 4-5, #3 Exhibit Bates No. 6, #4 Exhibit Bates Nos. 7-8, #5 Exhibit Bates Nos. 9-10, #6 Exhibit Bates Nos. 11-20, #7 Exhibit Bates Nos. 21-22, #8 Exhibit Bates Nos. 23-24, #9 Exhibit Bates Nos. 25-26, #10 Exhibit Bates Nos. 27-28, #11 Exhibit Bates Nos. 29-30, #12 Exhibit Bates Nos. 31-33, #13 Exhibit Bates Nos. 34-37, #14 Exhibit Bates Nos. 38-58, #15 Exhibit Bates Nos. 59-61, #16 Exhibit Bates Nos. 62-64, #17 Exhibit Bates Nos. 65-86, #18 Exhibit Bates Nos. 87-89, #19 Exhibit Bates Nos. 90-92, #20 Exhibit Bates Nos. 93-103, #21 Exhibit Bates Nos. 104-106, #22 Exhibit Bates Nos. 107-141, #23 Exhibit Bates Nos. 142-144, #24 Exhibit Bates No. 145, #25 Exhibit Bates No. 146, #26 Exhibit Bates Nos. 147-149, #27 Exhibit Bates No. 150, #28 Exhibit Bates No. 151)(Horn, Michele)
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Filing 83
MOTION to Quash Subpoena to Testify by Defendant Jared Polis. (Attachments: #1 Exhibit A - Subpoena)(Scoville, Stephanie)
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Filing 82
MOTION to Dismiss Plaintiffs' Amended Complaint and Jury Demand by Defendants Kristin Bronson, Kristin (I) Bronson, Mike Cody, Brian Conover, Denver, Colorado, Michael Hancock, James Harvey, David Hunter, Mallory Lutkin, Anthony Martinez, David Martinez, Bob McDonald, Rop Monthathong, Mark Moore, Thanarat Phuvhapaisalkij, Christopher Randall, Murphy Robinson, Murphy (I) Robinson, Wallace Sam, Jon Udland, Darren Ulrich, Toby Wilson. (Attachments: #1 Exhibit Exhibit A)(Horn, Michele)
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Filing 80
ORDER granting the Denver Defendants' Unopposed Motion for Leave to Increase Page Limit in Motion to Dismiss #79 . The Denver Defendants' Motion is GRANTED for good cause shown. Denver Defendants are granted leave to file a single Motion to Dismiss not to exceed 50 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 11/24/2020. Text Only Entry(wjmsec, )
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Filing 81
Conventionally Submitted Material : 1 Flash Drive to Reply to Response to Motion #77 by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. Text Only Entry. (sphil, )
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Filing 79
Unopposed MOTION for Leave to File Excess Pages by Defendants Kristin Bronson, Kristin (I) Bronson, Mike Cody, Brian Conover, Denver, Colorado, Michael Hancock, James Harvey, David Hunter, Mallory Lutkin, Anthony Martinez, David Martinez, Bob McDonald, Rop Monthathong, Mark Moore, Thanarat Phuvhapaisalkij, Murphy Robinson, Murphy (I) Robinson, Wallace Sam, Jon Udland, Darren Ulrich, Toby Wilson. (Farley, Conor)
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Filing 78
RESPONSE to #76 Brief by Defendants Kristin Bronson, Kristin (I) Bronson, Mike Cody, Brian Conover, Denver, Colorado, Michael Hancock, James Harvey, David Hunter, Mallory Lutkin, Anthony Martinez, David Martinez, Bob McDonald, Rop Monthathong, Mark Moore, Thanarat Phuvhapaisalkij, Christopher Randall, Murphy Robinson, Murphy (I) Robinson, Wallace Sam, Jon Udland, Darren Ulrich, Toby Wilson Attorney Conor Daniel Farley added to party Anthony Martinez(pty:dft). (Farley, Conor)
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Filing 77
REPLY to Response to #47 MOTION for Preliminary Injunction and Expedited Hearing (Caption Updated) filed by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (Attachments: #1 Exhibit 1 - Declaration of Gregory Whitman, #2 Exhibit 2 - Declaration of Lisa Masaro, #3 Exhibit 3 - Declaration of Steve Olsen, #4 Exhibit 4 - Declaration of Nathaniel Warner, #5 Exhibit 5 - Declaration of Marissa Westbrook, #6 Exhibit 6 - Second Declaration of Nathaniel Warner, #7 Exhibit 7 - Declaration of Alexandra Binder, #8 Exhibit Conventionally Submitted Video Exhibits 1-56 to Declaration of Alexander Binder, #9 Exhibit 8 - Declaration of Ana Cornelius, #10 Exhibit 9 - Rebuttal Declaration of Terese Howard, #11 Exhibit 10 - Declaration of Gregory Costigan, #12 Exhibit 11 - Declaration of Rick Meitzen, #13 Exhibit 12 - Declaration of Michael Lamb, #14 Exhibit 13 - Declaration of Charles Davis, #15 Exhibit 14 - Declaration of Sharron Meitzen)(McNulty, Andrew)
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Filing 75
ORDER: This matter is before the Court on its Order Granting in Part and Denying in Part Plaintiffs' Motion for Limited Expedited Discovery #74 . Pursuant to the applicable General Orders of the Court, and as stated in the Court's Order #74 , the Evidentiary Hearing set for December 15 and 16, 2020 at 9:00 a.m. will take place in person in Courtroom A801. Given the public health restrictions imposed by the COVID-19 pandemic, attendance in the Courtroom will be limited to: (a) counsel; (b) witnesses while testifying; and (c) party representatives as follows: one for Plaintiffs; one for the Denver Defendants; one for the State Defendants and, to the extent it participates in the hearing, one for Environmental Hazmat Services. Everyone appearing in person for this hearing must abide by the rules stated in General Order 2020-10 to gain entrance to the building. For public audio access to the hearing, please call 877-336-1828 and enter access code 9449909#. SO ORDERED by Judge William J. Martinez on 11/12/2020. Text Only Entry (wjmsec, )
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Filing 76
Brief of Amicus Curiae the ACLU of Colorado in Support of Plaintiffs' Motion for Preliminary Injunction, by Amicus ACLU. (filed pursuant to 70 Order) (angar, )
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Filing 74
ORDER granting in part and denying in part Plaintiffs' Motion for Limited Expedited Discovery #58 . A two-day, in-person evidentiary hearing on Plaintiffs' Motion for Preliminary Injunction and Expedited Hearing #47 is hereby set for December 15 and 16, 2020 at 9:00 a.m. in Courtroom A801 of the Alfred J. Arraj United States Courthouse. See Order for details. ORDERED by Judge William J. Martinez on 11/10/2020.(wjmlc1, )
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Filing 73
ORDER. Before the Court are: (1) Plaintiffs' Motion for Provisional Class Certification #48 ; and (2) Defendants' Joint Motion for Extension of Time to Respond to Plaintiffs' Motion for Provisional Class Certification ("Joint Motion for Extension") #64 . In the Joint Motion for Extension, Defendants state that "[s]hould a preliminary injunction issue, Defendants would be enjoined from certain identified actions and that relief would be a complete prohibition on conduct-not just limited to the named Plaintiffs." (ECF No. 64 at 2.) In Plaintiffs' Response to the Joint Motion for Extension #72 , they state that they "do not oppose the relief in Defendants' motion," and that they believed that provisional class certification was necessary to ensure Defendants would be bound as to any preliminary injunction with respect to all class members. (ECF No. 72 at 1.) In light of Defendants' concession, Plaintiffs state that their "concerns about the enforcement of the preliminary injunction are assuaged and Plaintiffs agree that this Court need not decide, provisionally, whether Plaintiffs' proposed class meets the strictures of Fed. R. Civ. P. 23." (Id. at 2.) Given the foregoing statements by both parties, the Court DENIES Plaintiffs' Motion for Provisional Class Certification #48 WITHOUT PREJUDICE to filing a motion for class certification later in the litigation. Further, Defendants' Joint Motion for Extension is DENIED AS MOOT. SO ORDERED by Judge William J. Martinez on 11/10/2020. Text Only Entry(wjmlc1, )
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Filing 72
RESPONSE to #64 Joint MOTION for Extension of Time to File Response/Reply as to #48 MOTION to Certify Class for Provision Class Certification (Caption Updated) Attorney Conor Daniel Farley added to party Barkley(pty:dft), Attorney Conor Daniel Fa filed by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 70
ORDER granting the Motion for American Civil Liberties Union of Colorado to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction #66 . The Court elects to exercise its discretion by GRANTING the ACLUs Motion for good cause shown. The Brief of Amicus Curiae the ACLU of Colorado in Support of Plaintiffs' Motion for Preliminary Injunction [66-1] is ACCEPTED as filed. The Clerk shall file the Amicus Brief [66-1] as a separate docket entry on CM/ECF. The Defendants may, but are not required to, file a Response to the Amicus Brief. Said Response(s) shall be due on or before November 24, 2020. The Response(s) of all Defendants shall not, in the aggregate, exceed the length of the ACLU's Amicus Brief that being 15 pages, exclusive of attorney signature blocks and certificates of service. No Reply will be accepted. SO ORDERED by Judge William J. Martinez on 11/10/2020. Text Only Entry(wjmsec, )
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Filing 71
Conventionally Submitted Material : 1 Flash Drive of Exhibits to #68 Response to Motion, by Defendant Denver, Colorado. Text Only Entry. (sphil, )
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Filing 69
NOTICE re #68 Response to Motion,, Conventionally Submitted Exhibits by Defendant Denver, Colorado (Farley, Conor)
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Filing 68
RESPONSE to #47 MOTION for Preliminary Injunction and Expedited Hearing (Caption Updated) filed by Defendant Denver, Colorado. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Conventionally Submitted E, #13 Exhibit F, #14 Exhibit F-1, #15 Exhibit F-2, #16 Exhibit G, #17 Exhibit H)(Shea, Wendy)
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Filing 67
RESPONSE to #47 MOTION for Preliminary Injunction and Expedited Hearing (Caption Updated) filed by Defendant Jared Polis. (Attachments: #1 Exhibit A - CRS 18-9-117, #2 Exhibit B - CDC Guidelines, #3 Exhibit C - Photo, #4 Exhibit D - Declaration of Major Steve Garcia, #5 Exhibit E - Declaration of Richard Lee)(Scoville, Stephanie)
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Filing 66
First MOTION to File Amicus Brief IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUCTION by Amicus ACLU. (Attachments: #1 Proposed Document Amicus Brief)(Kurtz, Anna)
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Filing 65
ORDER: This matter is before the Court on Defendants' Joint Motion for Extension of Time to Respond to Plaintiffs' Motion for Provisional Class Certification #64 . Plaintiffs are DIRECTED to file a Response to the Motion on or before November 11, 2020. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 11/6/2020. Text Only Entry (wjmsec, )
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Filing 64
Joint MOTION for Extension of Time to File Response/Reply as to #48 MOTION to Certify Class for Provision Class Certification (Caption Updated) Attorney Conor Daniel Farley added to party Barkley(pty:dft), Attorney Conor Daniel Farley added to party Burt(pty:dft), Attorney Conor Daniel Farley added to party Caldwell(pty:dft), Attorney Conor Daniel Farley added to party Cheema(pty:dft), Attorney Conor Daniel Farley added to party Cleveland(pty:dft), Attorney Conor Daniel Farley added to party Crenshaw(pty:dft), Attorney Conor Daniel Farley added to party Daugherty(pty:dft), Attorney Conor Daniel Farley added to party Davey(pty:dft), Attorney Conor Daniel Farley added to party Dinkel(pty:dft), Attorney Conor Daniel Farley added to party Dirnberger(pty:dft), Attorney Conor Daniel Farley added to party Gasparovic(pty:dft), Attorney Conor Daniel Farley added to party Gonzales(pty:dft), Attorney Conor Daniel Farley added to party Hardy(pty:dft), Attorney Conor Daniel Farley added to party Harrington(pty:dft), Attorney Conor Daniel Farley added to party Hood(pty:dft), Attorney Conor Daniel Farley added to party Jewett(pty:dft), Attorney Conor Daniel Farley added to party Keeling(pty:dft), Attorney Conor Daniel Farley added to party Kline(pty:dft), Attorney Conor Daniel Farley added to party Larreau(pty:dft), Attorney Conor Daniel Farley added to party Major(pty:dft), Attorney Conor Daniel Farley added to party R. Manzanares(pty:dft), Attorney Conor Daniel Farley added to party Tony Martinez(pty:dft), Attorney Conor Daniel Farley added to party McCall(pty:dft), Attorney Conor Daniel Farley added to party Novy(pty:dft), Attorney Conor Daniel Farley added to party Jared Polis(pty:dft), Attorney Conor Daniel Farley added to party Jared (I) S. Polis(pty:dft), Attorney Conor Daniel Farley added to party Pratt(pty:dft), Attorney Conor Daniel Farley added to party Rae(pty:dft), Attorney Conor Daniel Farley added to party Ross(pty:dft), Attorney Conor Daniel Farley added to party Sanchez(pty:dft), Attorney Conor Daniel Farley added to party Sargenti(pty:dft), Attorney Conor Daniel Farley added to party Simcox(pty:dft), Attorney Conor Daniel Farley added to party Strickland(pty:dft), Attorney Conor Daniel Farley added to party Trujillo(pty:dft), Attorney Conor Daniel Farley added to party Voss(pty:dft), Attorney Conor Daniel Farley added to party Sam Wallace(pty:dft), Attorney Conor Daniel Farley added to party Weil(pty:dft), Attorney Conor Daniel Farley added to party Williams(pty:dft) by Defendants Barkley, Kristin Bronson, Kristin (I) Bronson, Burt, Caldwell, Cheema, Cleveland, Mike Cody, Conover, Crenshaw, Daugherty, Davey, Denver, Colorado, Dinkel, Dirnberger, Gasparovic, Gonzales, Michael Hancock, Hardy, Harrington, James Harvey, Hood, D. Hunter, Jewett, Keeling, Kline, Larreau, Mallory Lutkin, Major, R. Manzanares, A. Martinez, D. Martinez, Tony Martinez, McCall, Bob McDonald, R. Monthathong, M. Moore, Novy, T. Phuvhapaisalkij, Jared Polis, Jared (I) S. Polis, Pratt, Rae, C. Randall, Murphy Robinson, Murphy (I) Robinson, Ross, Wallace Sam, Sanchez, Sargenti, Simcox, Strickland, Trujillo, J. Udland, Darren Ulrich, Voss, Sam Wallace, Weil, Williams, T. Wilson. (Farley, Conor)
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Filing 63
NOTICE of Entry of Appearance of Counsel by Emely Yessiel Garcia on behalf of Crenshaw, Daugherty, Davey, Dinkel, Dirnberger, Gasparovic, Gonzales, Hardy, Harrington, Jewett, Keeling, Kline, Larreau, Major, McCall, Novy, Jared Polis, Pratt, Rae, Ross, Sanchez, Sargenti, Simcox, Strickland, Trujillo, Voss, Weil, WilliamsAttorney Emely Yessiel Garcia added to party Crenshaw(pty:dft), Attorney Emely Yessiel Garcia added to party Daugherty(pty:dft), Attorney Emely Yessiel Garcia added to party Davey(pty:dft), Attorney Emely Yessiel Garcia added to party Dinkel(pty:dft), Attorney Emely Yessiel Garcia added to party Dirnberger(pty:dft), Attorney Emely Yessiel Garcia added to party Gasparovic(pty:dft), Attorney Emely Yessiel Garcia added to party Gonzales(pty:dft), Attorney Emely Yessiel Garcia added to party Hardy(pty:dft), Attorney Emely Yessiel Garcia added to party Harrington(pty:dft), Attorney Emely Yessiel Garcia added to party Jewett(pty:dft), Attorney Emely Yessiel Garcia added to party Keeling(pty:dft), Attorney Emely Yessiel Garcia added to party Kline(pty:dft), Attorney Emely Yessiel Garcia added to party Larreau(pty:dft), Attorney Emely Yessiel Garcia added to party Major(pty:dft), Attorney Emely Yessiel Garcia added to party McCall(pty:dft), Attorney Emely Yessiel Garcia added to party Novy(pty:dft), Attorney Emely Yessiel Garcia added to party Jared Polis(pty:dft), Attorney Emely Yessiel Garcia added to party Pratt(pty:dft), Attorney Emely Yessiel Garcia added to party Rae(pty:dft), Attorney Emely Yessiel Garcia added to party Ross(pty:dft), Attorney Emely Yessiel Garcia added to party Sanchez(pty:dft), Attorney Emely Yessiel Garcia added to party Sargenti(pty:dft), Attorney Emely Yessiel Garcia added to party Simcox(pty:dft), Attorney Emely Yessiel Garcia added to party Strickland(pty:dft), Attorney Emely Yessiel Garcia added to party Trujillo(pty:dft), Attorney Emely Yessiel Garcia added to party Voss(pty:dft), Attorney Emely Yessiel Garcia added to party Weil(pty:dft), Attorney Emely Yessiel Garcia added to party Williams(pty:dft) (Garcia, Emely)
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Filing 62
REPLY to Response to #58 MOTION for Discovery , Limited Expedited Discovery filed by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 61
ORDER. In light of Defendants' Joint Response to Plaintiffs' Motion for Limited Expedited Discovery (the "Joint Response") #60 , the Court has determined a reply is necessary. The Court therefore DIRECTS Plaintiffs to file a reply to the Joint Response of no more than 8 pages, exclusive of attorney signature blocks and certificate of service, by November 2, 2020 at 12:00 p.m. SO ORDERED by Judge William J. Martinez on 10/29/2020. Text Only Entry (wjmlc1, )
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Filing 60
RESPONSE to #58 MOTION for Discovery , Limited Expedited Discovery filed by Defendant Denver, Colorado. (Shea, Wendy)
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Filing 59
ORDER. The Court has under advisement Plaintiffs' Motion for Limited Expedited Discovery #58 , in which Plaintiffs seek limited and targeted discovery from the City and County of Denver Defendants and State of Colorado Defendants in support of Plaintiffs' Motion for Preliminary Injunction and Expedited Hearing #47 . The Court DIRECTS the City and County of Denver Defendants and State of Colorado Defendants to file a single, Joint Response of no more than 10 pages, exclusive of attorney signature blocks and certificate of service. This Joint Response shall be filed no later than October 28, 2020 at 3:00 p.m. No Reply will be accepted. SO ORDERED by Judge William J. Martinez on 10/26/2020. Text Only Entry (wjmlc1, )
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Filing 58
MOTION for Discovery , Limited Expedited Discovery by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (Attachments: #1 Exhibit 1 - Order on Limited Discovery)(McNulty, Andrew)
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Filing 57
NOTICE of Entry of Appearance by Conor Daniel Farley on behalf of Wallace SamAttorney Conor Daniel Farley added to party Wallace Sam(pty:dft) (Farley, Conor)
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Filing 56
NOTICE of Entry of Appearance by Michele Annette Horn on behalf of Wallace SamAttorney Michele Annette Horn added to party Wallace Sam(pty:dft) (Horn, Michele)
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Filing 55
NOTICE of Entry of Appearance by Wendy J. Shea on behalf of Sam WallaceAttorney Wendy J. Shea added to party Sam Wallace(pty:dft) (Shea, Wendy)
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Filing 54
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Wallace Sam waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 53
ORDER. The Court has received the Proposal by City and County of Denver Defendants and State of Colorado Defendants to Plaintiffs' Motion for Preliminary Injunction and Expedited Hearing ("Proposal") #51 . For the purposes of this Order, the Court adopts the definition of the "City and County of Denver Defendants" and "State of Colorado Defendants" set forth by the parties in their Proposal. The City and County of Denver Defendants' response of no more than 30 pages to Plaintiffs' most recent Motion for Preliminary Injunction and Expedited Hearing #47 (the "Motion"), exclusive of attorney signature blocks and certificate of service, and the State of Colorado Defendants' response to the Motion of no more than 20 pages, exclusive of attorney signature blocks and certificate of service, are due by November 6, 2020. Plaintiffs' reply in support of the Motion, of no more than 25 pages, exclusive of attorney signature blocks and certificate of service, is due by November 16, 2020. To the extent Defendant Environmental Hazmat Services wishes to file a response to the Motion that does NOT duplicate the arguments contained in the City and County of Denver Defendants' and State of Colorado Defendants' responses, it will seek to do so by way of a motion filed no later than November 6, 2020. When all briefing on the Motion is complete, the Court will consider the issues requiring an evidentiary hearing, and will schedule same by way of separate Order. SO ORDERED by Judge William J. Martinez on 10/22/2020. Text Only Entry (wjmlc1, )
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Filing 52
NOTICE of Entry of Appearance by Conor Daniel Farley on behalf of Kristin Bronson, Kristin (I) Bronson, Mike Cody, Conover, Denver, Colorado, Michael Hancock, James Harvey, D. Hunter, Mallory Lutkin, A. Martinez, D. Martinez, Bob McDonald, R. Monthathong, M. Moore, T. Phuvhapaisalkij, C. Randall, Murphy Robinson, Murphy (I) Robinson, J. Udland, Darren Ulrich, T. WilsonAttorney Conor Daniel Farley added to party Kristin Bronson(pty:dft), Attorney Conor Daniel Farley added to party Kristin (I) Bronson(pty:dft), Attorney Conor Daniel Farley added to party Mike Cody(pty:dft), Attorney Conor Daniel Farley added to party Conover(pty:dft), Attorney Conor Daniel Farley added to party Denver, Colorado(pty:dft), Attorney Conor Daniel Farley added to party Michael Hancock(pty:dft), Attorney Conor Daniel Farley added to party James Harvey(pty:dft), Attorney Conor Daniel Farley added to party D. Hunter(pty:dft), Attorney Conor Daniel Farley added to party Mallory Lutkin(pty:dft), Attorney Conor Daniel Farley added to party A. Martinez(pty:dft), Attorney Conor Daniel Farley added to party D. Martinez(pty:dft), Attorney Conor Daniel Farley added to party Bob McDonald(pty:dft), Attorney Conor Daniel Farley added to party R. Monthathong(pty:dft), Attorney Conor Daniel Farley added to party M. Moore(pty:dft), Attorney Conor Daniel Farley added to party T. Phuvhapaisalkij(pty:dft), Attorney Conor Daniel Farley added to party C. Randall(pty:dft), Attorney Conor Daniel Farley added to party Murphy Robinson(pty:dft), Attorney Conor Daniel Farley added to party Murphy (I) Robinson (pty:dft), Attorney Conor Daniel Farley added to party J. Udland(pty:dft), Attorney Conor Daniel Farley added to party Darren Ulrich(pty:dft), Attorney Conor Daniel Farley added to party T. Wilson(pty:dft) (Farley, Conor)
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Filing 51
RESPONSE to 44 Order,,,, PROPOSAL BY CITY AND COUNTY OF DENVER DEFENDANTS AND STATE OF COLORADO DEFENDANTS TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND EXPEDITED HEARING by Defendants Denver, Colorado, Jared Polis, Jared (I) S. Polis. (Shea, Wendy)
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Filing 50
Defendants Officer R. Manzanares, Sergeant Tony Martinez, Office Sam Wallace and Trooper F/N/U (Travis) Hood terminated pursuant to #49 Notice of Dismissal of Defendants with Prejudice filed in this case on 10/20/2020. Text Only Entry (angar, )
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Filing 49
Unopposed MOTION to Dismiss Party Defendants with Prejudice by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 48
MOTION to Certify Class for Provision Class Certification (Caption Updated) by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 47
MOTION for Preliminary Injunction and Expedited Hearing (Caption Updated) by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 46
AMENDED COMPLAINT and Jury Demand (Caption Updated) against Barkley, Kristin Bronson, Kristin (I) Bronson, Burt, Caldwell, Cheema, Cleveland, Mike Cody, Conover, Crenshaw, Daugherty, Davey, Denver, Colorado, Dinkel, Dirnberger, Environmental Hazmat Services, Gasparovic, Gonzales, Michael Hancock, Hardy, Harrington, James Harvey, D. Hunter, Jewett, Keeling, Kline, Larreau, Mallory Lutkin, Major, A. Martinez, D. Martinez, McCall, Bob McDonald, R. Monthathong, M. Moore, Novy, T. Phuvhapaisalkij, Jared Polis, Jared (I) S. Polis, Pratt, Rae, C. Randall, Murphy Robinson, Murphy (I) Robinson, Ross, Sanchez, Sargenti, Simcox, Strickland, Trujillo, J. Udland, Darren Ulrich, Voss, Weil, Williams, T. Wilson, Wallace Sam, filed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr.(McNulty, Andrew)
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Filing 45
NOTICE of Entry of Appearance by Michele Annette Horn on behalf of Kristin Bronson, Kristin (I) Bronson, Mike Cody, Conover, Denver, Colorado, Michael Hancock, James Harvey, D. Hunter, Mallory Lutkin, A. Martinez, D. Martinez, Bob McDonald, R. Monthathong, M. Moore, T. Phuvhapaisalkij, C. Randall, Murphy Robinson, Murphy (I) Robinson, J. Udland, Darren Ulrich, T. WilsonAttorney Michele Annette Horn added to party Kristin Bronson(pty:dft), Attorney Michele Annette Horn added to party Kristin (I) Bronson(pty:dft), Attorney Michele Annette Horn added to party Mike Cody(pty:dft), Attorney Michele Annette Horn added to party Conover(pty:dft), Attorney Michele Annette Horn added to party Denver, Colorado(pty:dft), Attorney Michele Annette Horn added to party Michael Hancock(pty:dft), Attorney Michele Annette Horn added to party James Harvey(pty:dft), Attorney Michele Annette Horn added to party D. Hunter(pty:dft), Attorney Michele Annette Horn added to party Mallory Lutkin(pty:dft), Attorney Michele Annette Horn added to party A. Martinez(pty:dft), Attorney Michele Annette Horn added to party D. Martinez(pty:dft), Attorney Michele Annette Horn added to party Bob McDonald(pty:dft), Attorney Michele Annette Horn added to party R. Monthathong(pty:dft), Attorney Michele Annette Horn added to party M. Moore(pty:dft), Attorney Michele Annette Horn added to party T. Phuvhapaisalkij(pty:dft), Attorney Michele Annette Horn added to party C. Randall(pty:dft), Attorney Michele Annette Horn added to party Murphy Robinson(pty:dft), Attorney Michele Annette Horn added to party Murphy (I) Robinson (pty:dft), Attorney Michele Annette Horn added to party J. Udland(pty:dft), Attorney Michele Annette Horn added to party Darren Ulrich(pty:dft), Attorney Michele Annette Horn added to party T. Wilson(pty:dft) (Horn, Michele)
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Filing 44
ORDER. This matter is before the Court on Plaintiffs' [Amended] Motion for Preliminary Injunction and Expedited Hearing #14 . Counsel for Defendants who have entered appearances are DIRECTED to confer among themselves and propose to the Court a streamlined, efficient, and non-duplicative manner of responding to the Motion for Preliminary Injunction. At a minimum, this proposal shall include the number of separate brief(s) and the length of each such brief(s) Defendants propose to be submitted in response to the Plaintiffs' Motion, keeping in mind that the number and length of such response brief(s) should be appropriately proportional to the Motion. Counsel for the City and County of Denver are DIRECTED to coordinate these discussions and submit on behalf of all Defendants their single, collective proposal for the Court's consideration. This proposal shall be submitted to the Court no later than 12:00 noon on October 22, 2020. SO ORDERED by Judge William J. Martinez on 10/20/2020. Text Only Entry (wjmlc1, )
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Filing 43
NOTICE of Entry of Appearance by Wendy J. Shea on behalf of Kristin Bronson, Kristin (I) Bronson, Mike Cody, Conover, Denver, Colorado, Michael Hancock, James Harvey, D. Hunter, Mallory Lutkin, A. Martinez, D. Martinez, Bob McDonald, R. Monthathong, M. Moore, T. Phuvhapaisalkij, C. Randall, Murphy Robinson, Murphy (I) Robinson, J. Udland, Darren Ulrich, T. WilsonAttorney Wendy J. Shea added to party Kristin Bronson(pty:dft), Attorney Wendy J. Shea added to party Kristin (I) Bronson(pty:dft), Attorney Wendy J. Shea added to party Mike Cody(pty:dft), Attorney Wendy J. Shea added to party Conover(pty:dft), Attorney Wendy J. Shea added to party Denver, Colorado(pty:dft), Attorney Wendy J. Shea added to party Michael Hancock(pty:dft), Attorney Wendy J. Shea added to party James Harvey(pty:dft), Attorney Wendy J. Shea added to party D. Hunter(pty:dft), Attorney Wendy J. Shea added to party Mallory Lutkin(pty:dft), Attorney Wendy J. Shea added to party A. Martinez(pty:dft), Attorney Wendy J. Shea added to party D. Martinez(pty:dft), Attorney Wendy J. Shea added to party Bob McDonald(pty:dft), Attorney Wendy J. Shea added to party R. Monthathong(pty:dft), Attorney Wendy J. Shea added to party M. Moore(pty:dft), Attorney Wendy J. Shea added to party T. Phuvhapaisalkij(pty:dft), Attorney Wendy J. Shea added to party C. Randall(pty:dft), Attorney Wendy J. Shea added to party Murphy Robinson(pty:dft), Attorney Wendy J. Shea added to party Murphy (I) Robinson (pty:dft), Attorney Wendy J. Shea added to party J. Udland(pty:dft), Attorney Wendy J. Shea added to party Darren Ulrich(pty:dft), Attorney Wendy J. Shea added to party T. Wilson(pty:dft) (Shea, Wendy)
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Filing 42
Second STATUS REPORT by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 41
ORDER. The Court GRANTS Plaintiffs' Unopposed Motion to Substitute Parties and Update Case Caption #39 and DIRECTS Plaintiffs to refile the Class Action Complaint and Jury Demand #1 , Motion for Provisional Class Certification #2 , and [Amended] Motion for Preliminary Injunction and Expedited Hearing #14 with the proposed revised caption by October 23, 2020. The Clerk's Office and all parties are DIRECTED to use the revised caption in all future filings. The Plaintiffs are further DIRECTED to file notices of dismissal with prejudice against all Defendants being dismissed from this case as a result of the instant Motion by no later than October 23, 2020. SO ORDERED by Judge William J. Martinez on 10/19/2020. Text Only Entry(wjmlc1, )
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Filing 40
SUMMONS Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Environmental Hazmat Services served on 10/13/2020, answer due 11/3/2020. (McNulty, Andrew)
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Filing 39
Unopposed MOTION to Substitute Party And Update Case Caption by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 38
NOTICE of Entry of Appearance of Counsel by Kathleen L. Spalding on behalf of Barkley, Burt, Caldwell, Cheema, Cleveland, Crenshaw, Daugherty, Davey, Dinkel, Dirnberger, Gasparovic, Gonzales, Hardy, Harrington, Hood, Jewett, Keeling, Kline, Larreau, Major, McCall, Novy, Pratt, Rae, Ross, Sanchez, Sargenti, Simcox, Strickland, Trujillo, Voss, Weil, WilliamsAttorney Kathleen L. Spalding added to party Barkley(pty:dft), Attorney Kathleen L. Spalding added to party Burt(pty:dft), Attorney Kathleen L. Spalding added to party Caldwell(pty:dft), Attorney Kathleen L. Spalding added to party Cheema(pty:dft), Attorney Kathleen L. Spalding added to party Cleveland(pty:dft), Attorney Kathleen L. Spalding added to party Crenshaw(pty:dft), Attorney Kathleen L. Spalding added to party Daugherty(pty:dft), Attorney Kathleen L. Spalding added to party Davey(pty:dft), Attorney Kathleen L. Spalding added to party Dinkel(pty:dft), Attorney Kathleen L. Spalding added to party Dirnberger(pty:dft), Attorney Kathleen L. Spalding added to party Gasparovic(pty:dft), Attorney Kathleen L. Spalding added to party Gonzales(pty:dft), Attorney Kathleen L. Spalding added to party Hardy(pty:dft), Attorney Kathleen L. Spalding added to party Harrington(pty:dft), Attorney Kathleen L. Spalding added to party Hood(pty:dft), Attorney Kathleen L. Spalding added to party Jewett(pty:dft), Attorney Kathleen L. Spalding added to party Keeling(pty:dft), Attorney Kathleen L. Spalding added to party Kline(pty:dft), Attorney Kathleen L. Spalding added to party Larreau(pty:dft), Attorney Kathleen L. Spalding added to party Major(pty:dft), Attorney Kathleen L. Spalding added to party McCall(pty:dft), Attorney Kathleen L. Spalding added to party Novy(pty:dft), Attorney Kathleen L. Spalding added to party Pratt(pty:dft), Attorney Kathleen L. Spalding added to party Rae(pty:dft), Attorney Kathleen L. Spalding added to party Ross(pty:dft), Attorney Kathleen L. Spalding added to party Sanchez(pty:dft), Attorney Kathleen L. Spalding added to party Sargenti(pty:dft), Attorney Kathleen L. Spalding added to party Simcox(pty:dft), Attorney Kathleen L. Spalding added to party Strickland(pty:dft), Attorney Kathleen L. Spalding added to party Trujillo(pty:dft), Attorney Kathleen L. Spalding added to party Voss(pty:dft), Attorney Kathleen L. Spalding added to party Weil(pty:dft), Attorney Kathleen L. Spalding added to party Williams(pty:dft) (Spalding, Kathleen)
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Filing 37
NOTICE of Entry of Appearance of Counsel by Stephanie Lindquist Scoville on behalf of Barkley, Burt, Caldwell, Cheema, Cleveland, Crenshaw, Daugherty, Davey, Dinkel, Dirnberger, Gasparovic, Gonzales, Hardy, Harrington, Hood, Jewett, Keeling, Kline, Larreau, Major, McCall, Novy, Pratt, Rae, Ross, Sanchez, Sargenti, Simcox, Strickland, Trujillo, Voss, Weil, WilliamsAttorney Stephanie Lindquist Scoville added to party Barkley(pty:dft), Attorney Stephanie Lindquist Scoville added to party Burt(pty:dft), Attorney Stephanie Lindquist Scoville added to party Caldwell(pty:dft), Attorney Stephanie Lindquist Scoville added to party Cheema(pty:dft), Attorney Stephanie Lindquist Scoville added to party Cleveland(pty:dft), Attorney Stephanie Lindquist Scoville added to party Crenshaw(pty:dft), Attorney Stephanie Lindquist Scoville added to party Daugherty(pty:dft), Attorney Stephanie Lindquist Scoville added to party Davey(pty:dft), Attorney Stephanie Lindquist Scoville added to party Dinkel(pty:dft), Attorney Stephanie Lindquist Scoville added to party Dirnberger(pty:dft), Attorney Stephanie Lindquist Scoville added to party Gasparovic(pty:dft), Attorney Stephanie Lindquist Scoville added to party Gonzales(pty:dft), Attorney Stephanie Lindquist Scoville added to party Hardy(pty:dft), Attorney Stephanie Lindquist Scoville added to party Harrington(pty:dft), Attorney Stephanie Lindquist Scoville added to party Hood(pty:dft), Attorney Stephanie Lindquist Scoville added to party Jewett(pty:dft), Attorney Stephanie Lindquist Scoville added to party Keeling(pty:dft), Attorney Stephanie Lindquist Scoville added to party Kline(pty:dft), Attorney Stephanie Lindquist Scoville added to party Larreau(pty:dft), Attorney Stephanie Lindquist Scoville added to party Major(pty:dft), Attorney Stephanie Lindquist Scoville added to party McCall(pty:dft), Attorney Stephanie Lindquist Scoville added to party Novy(pty:dft), Attorney Stephanie Lindquist Scoville added to party Pratt(pty:dft), Attorney Stephanie Lindquist Scoville added to party Rae(pty:dft), Attorney Stephanie Lindquist Scoville added to party Ross(pty:dft), Attorney Stephanie Lindquist Scoville added to party Sanchez(pty:dft), Attorney Stephanie Lindquist Scoville added to party Sargenti(pty:dft), Attorney Stephanie Lindquist Scoville added to party Simcox(pty:dft), Attorney Stephanie Lindquist Scoville added to party Strickland(pty:dft), Attorney Stephanie Lindquist Scoville added to party Trujillo(pty:dft), Attorney Stephanie Lindquist Scoville added to party Voss(pty:dft), Attorney Stephanie Lindquist Scoville added to party Weil(pty:dft), Attorney Stephanie Lindquist Scoville added to party Williams(pty:dft) (Scoville, Stephanie)
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Filing 36
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Burt waiver sent on 10/12/2020, answer due 12/11/2020; Cheema waiver sent on 10/12/2020, answer due 12/11/2020; Cleveland waiver sent on 10/12/2020, answer due 12/11/2020; Dirnberger waiver sent on 10/12/2020, answer due 12/11/2020; Hardy waiver sent on 10/12/2020, answer due 12/11/2020; Harrington waiver sent on 10/12/2020, answer due 12/11/2020; Jewett waiver sent on 10/12/2020, answer due 12/11/2020; Larreau waiver sent on 10/12/2020, answer due 12/11/2020; McCall waiver sent on 10/12/2020, answer due 12/11/2020; Simcox waiver sent on 10/12/2020, answer due 12/11/2020; Strickland waiver sent on 10/12/2020, answer due 12/11/2020; Williams waiver sent on 10/12/2020, answer due 12/11/2020. (Attachments: #1 Exhibit B - List of Parties waiving service)(McNulty, Andrew)
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Filing 35
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. T. Wilson waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 34
ORDER. The Court has received Plaintiffs' Status Report detailing the status of service of process on Defendants #33 . The Court DIRECTS Plaintiffs to file a further status report by October 19, 2020 updating the Court on all efforts made to effect service of process on any remaining unserved Defendants, as well as the status of those efforts. SO ORDERED by Judge William J. Martinez on 10/13/2020. Text Only Entry (wjmlc1, )
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Filing 33
STATUS REPORT by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 32
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. James Harvey waiver sent on 10/6/2020, answer due 12/7/2020; D. Hunter waiver sent on 10/6/2020, answer due 12/7/2020; A. Martinez waiver sent on 10/6/2020, answer due 12/7/2020; D. Martinez waiver sent on 10/6/2020, answer due 12/7/2020; M. Moore waiver sent on 10/6/2020, answer due 12/7/2020; C. Randall waiver sent on 10/6/2020, answer due 12/7/2020. (Attachments: #1 Waiver of Service, #2 Waiver of Service, #3 Waiver of Service, #4 Waiver of Service, #5 Waiver of Service)(McNulty, Andrew)
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Filing 31
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Darren Ulrich waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 30
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. J. Udland waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 29
WAIVER OF SERVICE Returned Executed by Ross, Dinkel, Pratt, Gonzales, Weil, Barkley, Rae, Trujillo, Crenshaw, Keeling, Major, Kline, Novy, Hood, Caldwell, Sanchez, Voss, Daugherty, Davey, Gasparovic, Sargenti. Ross waiver sent on 10/12/2020, answer due 12/11/2020; Dinkel waiver sent on 10/12/2020, answer due 12/11/2020; Pratt waiver sent on 10/12/2020, answer due 12/11/2020; Gonzales waiver sent on 10/12/2020, answer due 12/11/2020; Weil waiver sent on 10/12/2020, answer due 12/11/2020; Barkley waiver sent on 10/12/2020, answer due 12/11/2020; Rae waiver sent on 10/12/2020, answer due 12/11/2020; Trujillo waiver sent on 10/12/2020, answer due 12/11/2020; Crenshaw waiver sent on 10/12/2020, answer due 12/11/2020; Keeling waiver sent on 10/12/2020, answer due 12/11/2020; Major waiver sent on 10/12/2020, answer due 12/11/2020; Kline waiver sent on 10/12/2020, answer due 12/11/2020; Novy waiver sent on 10/12/2020, answer due 12/11/2020; Hood waiver sent on 10/12/2020, answer due 12/11/2020; Caldwell waiver sent on 10/12/2020, answer due 12/11/2020; Sanchez waiver sent on 10/12/2020, answer due 12/11/2020; Voss waiver sent on 10/12/2020, answer due 12/11/2020; Daugherty waiver sent on 10/12/2020, answer due 12/11/2020; Davey waiver sent on 10/12/2020, answer due 12/11/2020; Gasparovic waiver sent on 10/12/2020, answer due 12/11/2020; Sargenti waiver sent on 10/12/2020, answer due 12/11/2020. (Attachments: #1 Exhibit Attachment A to Waiver of Service of Summons)(Spalding, Kathleen)
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Filing 28
WAIVER OF SERVICE Returned Executed by Jared Polis, Jared (I) S. Polis. Jared Polis waiver sent on 10/12/2020, answer due 12/11/2020; Jared (I) S. Polis waiver sent on 10/12/2020, answer due 12/11/2020. (Spalding, Kathleen)
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Filing 27
NOTICE of Entry of Appearance of Counsel by Stephanie Lindquist Scoville on behalf of Jared Polis, Jared (I) S. PolisAttorney Stephanie Lindquist Scoville added to party Jared Polis(pty:dft), Attorney Stephanie Lindquist Scoville added to party Jared (I) S. Polis(pty:dft) (Scoville, Stephanie)
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Filing 26
NOTICE of Entry of Appearance of Counsel by Kathleen L. Spalding on behalf of Jared Polis, Jared (I) S. PolisAttorney Kathleen L. Spalding added to party Jared Polis(pty:dft), Attorney Kathleen L. Spalding added to party Jared (I) S. Polis(pty:dft) (Spalding, Kathleen)
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Filing 25
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Murphy Robinson waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 24
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. T. Phuvhapaisalkij waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 23
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. R. Monthathong waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 22
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Bob McDonald waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 21
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Mallory Lutkin waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 20
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Conover waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 19
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Mike Cody waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 18
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Kristin Bronson waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 17
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Michael Hancock waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 16
WAIVER OF SERVICE Returned Executed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. Denver, Colorado waiver sent on 10/6/2020, answer due 12/7/2020. (McNulty, Andrew)
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Filing 15
ORDER. The Court DIRECTS Plaintiffs to file a status report by October 13, 2020 which summarizes all efforts made to date to effect service of process on Defendants, as well as the status of those efforts. SO ORDERED by Judge William J. Martinez on 10/9/2020. Text Only Entry (wjmlc1, )
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Filing 14
MOTION for Preliminary Injunction and Expedited Hearing by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (Attachments: #1 Exhibit 1 - Expert Declaration, #2 Exhibit 2 - Settlement Agreement, #3 Exhibit 3 - Veterans Park Public Health Order, #4 Exhibit 4 - Declaration of Terese Howard)(McNulty, Andrew)
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Filing 13
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (evana, )
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Filing 12
SUMMONS REQUEST as to Environmental Hazmat Services by Plaintiffs Gregory Costigan, Charles Davis, Denver Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 11
ORDER: This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction and Expedited Hearing #3 . Plaintiffs' Motion is 82 pages long, a length which grossly exceeds the undersigned's Revised Practice Standard III.C.1 which states that "ALL OTHER motions... Motion and Response [shall be]: 15 pages [.]" Plaintiffs' Motion #3 is therefore STRICKEN for failure to comply with this Practice Standard. In the interest of justice, however, and given the subject matter of the claims raised in this action, Plaintiffs are GRANTED LEAVE to file an Amended Motion not to exceed 40 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 10/6/2020. Text Only Entry(wjmsec, ) Modified on 10/8/2020 to correct text (angar, ).
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Filing 10
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2019 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 10 /6/2020. Text Only Entry (wjmsec, )
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Filing 9
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/6/2020. Text Only Entry (wjmsec, )
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Filing 8
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS TO ISSUE. (jsalz, )
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Filing 7
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, )
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Filing 6
NOTICE of Entry of Appearance by Reid Robertson Allison on behalf of All Plaintiffs Attorney Reid Robertson Allison added to party Gregory Costigan(pty:pla), Attorney Reid Robertson Allison added to party Charles Davis(pty:pla), Attorney Reid Robertson Allison added to party Dener Homeless Out Loud(pty:pla), Attorney Reid Robertson Allison added to party Tomasa Dogtrail(pty:pla), Attorney Reid Robertson Allison added to party Michael Lamb(pty:pla), Attorney Reid Robertson Allison added to party Sean Martinez(pty:pla), Attorney Reid Robertson Allison added to party Lisa Masaro(pty:pla), Attorney Reid Robertson Allison added to party Rick Meitzen, Jr(pty:pla), Attorney Reid Robertson Allison added to party Sharron Meitzen(pty:pla), Attorney Reid Robertson Allison added to party Steve Olsen(pty:pla), Attorney Reid Robertson Allison added to party Nathaniel Warner(pty:pla) (Allison, Reid)
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Filing 5
NOTICE of Entry of Appearance by David A. Lane on behalf of All Plaintiffs Attorney David A. Lane added to party Gregory Costigan(pty:pla), Attorney David A. Lane added to party Charles Davis(pty:pla), Attorney David A. Lane added to party Dener Homeless Out Loud(pty:pla), Attorney David A. Lane added to party Tomasa Dogtrail(pty:pla), Attorney David A. Lane added to party Michael Lamb(pty:pla), Attorney David A. Lane added to party Sean Martinez(pty:pla), Attorney David A. Lane added to party Lisa Masaro(pty:pla), Attorney David A. Lane added to party Rick Meitzen, Jr(pty:pla), Attorney David A. Lane added to party Sharron Meitzen(pty:pla), Attorney David A. Lane added to party Steve Olsen(pty:pla), Attorney David A. Lane added to party Nathaniel Warner(pty:pla) (Lane, David)
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Filing 4
NOTICE of Entry of Appearance by Darold W. Killmer on behalf of All Plaintiffs Attorney Darold W. Killmer added to party Gregory Costigan(pty:pla), Attorney Darold W. Killmer added to party Charles Davis(pty:pla), Attorney Darold W. Killmer added to party Dener Homeless Out Loud(pty:pla), Attorney Darold W. Killmer added to party Tomasa Dogtrail(pty:pla), Attorney Darold W. Killmer added to party Michael Lamb(pty:pla), Attorney Darold W. Killmer added to party Sean Martinez(pty:pla), Attorney Darold W. Killmer added to party Lisa Masaro(pty:pla), Attorney Darold W. Killmer added to party Rick Meitzen, Jr(pty:pla), Attorney Darold W. Killmer added to party Sharron Meitzen(pty:pla), Attorney Darold W. Killmer added to party Steve Olsen(pty:pla), Attorney Darold W. Killmer added to party Nathaniel Warner(pty:pla) (Killmer, Darold)
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Filing 3
STRICKEN MOTION for Preliminary Injunction and Expedited Hearing by Plaintiffs Gregory Costigan, Charles Davis, Dener Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (Attachments: #1 Exhibit 1 - Expert Declaration, #2 Exhibit 2 - Settlement Agreement, #3 Exhibit 3 - Veteran's Park Public Health Order, #4 Exhibit 4 - Declaration of Terese Howard)(McNulty, Andrew) Modified on 10/8/2020 to strike pursuant to 11 Order (angar, ).
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Filing 2
MOTION to Certify Class , for Provisional Class Certification by Plaintiffs Gregory Costigan, Charles Davis, Dener Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Lisa Masaro, Rick Meitzen, Jr, Sharron Meitzen, Steve Olsen, Nathaniel Warner. (McNulty, Andrew)
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Filing 1
COMPLAINT and Jury Demand against F/N/U Barkley, John and Jane Boes 1-75, Kristin M Bronson, F/N/U Burt, F/N/U Caldwell, F/N/U Cheema, F/N/U Cleveland, Mike Cody, F/N/U Conover, F/N/U Crenshaw, F/N/U Daugherty, F/N/U Davey, Denver, Colorado, F/N/U Dinkel, F/N/U Dirnberger, John and Jane Does 1-75, Environmental Hazmat Services, John and Jane Foes 1-75, F/N/U Gasparovic, F/N/U Gonzales, Michael Hancock, F/N/U Hardy, F/N/U Harrington, James Harvey, F/N/U Hood, D. Hunter, F/N/U Jewett, John and Jane Joes 1-75, F/N/U Keeling, F/N/U Kline, F/N/U Larreau, John and Jane Loes 1-75, Mallory Lutkin, F/N/U Major, R. Manzanares, A. Martinez, D. Martinez, Tony Martinez, F/N/U McCall, Bob McDonald, John and Jane Moes 1-75, R. Monthathong, M. Moore, F/N/U Novy, T. Phuvhapaisalkij, Jared Polis, F/N/U Pratt, F/N/U Rae, C. Randall, Murphy Robinson, F/N/U Ross, F/N/U Sanchez, F/N/U Sargenti, F/N/U Simcox, F/N/U Strickland, F/N/U Trujillo, J. Udland, Darren Ulrich, F/N/U Voss, Sam Wallace, F/N/U Weil, F/N/U Williams, T. Wilson (Filing fee $ 400,Receipt Number 1082-7521388)Attorney Andrew Joseph McNulty added to party Gregory Costigan(pty:pla), Attorney Andrew Joseph McNulty added to party Charles Davis(pty:pla), Attorney Andrew Joseph McNulty added to party Dener Homeless Out Loud(pty:pla), Attorney Andrew Joseph McNulty added to party Tomasa Dogtrail(pty:pla), Attorney Andrew Joseph McNulty added to party Michael Lamb(pty:pla), Attorney Andrew Joseph McNulty added to party Sean Martinez(pty:pla), Attorney Andrew Joseph McNulty added to party Lisa Masaro(pty:pla), Attorney Andrew Joseph McNulty added to party Rick Meitzen, Jr(pty:pla), Attorney Andrew Joseph McNulty added to party Sharron Meitzen(pty:pla), Attorney Andrew Joseph McNulty added to party Steve Olsen(pty:pla), Attorney Andrew Joseph McNulty added to party Nathaniel Warner(pty:pla), filed by Steve Olsen, Lisa Masaro, Nathaniel Warner, Charles Davis, Dener Homeless Out Loud, Tomasa Dogtrail, Michael Lamb, Sean Martinez, Gregory Costigan, Sharron Meitzen, Rick Meitzen, Jr. (Attachments: #1 Civil Cover Sheet)(McNulty, Andrew)
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