Estate of John Kowalski v. Shrader et al
| Estate of John Kowalski |
| Wellpath, LLC, Christina Messer, Chaun Johnson, Jeff Shrader, Desiree Salazar, Mario Gonzalez, Brianda Mancha, Greg Bennett and Scott Taborsky |
| 1:2021cv00827 |
| March 20, 2021 |
| US District Court for the District of Colorado |
| Nina Y Wang |
| Prisoner - Civil Rights (U.S. not a defendant) |
| Both |
Docket Report
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| Filing 59 NOTICE of Stipulation Re: Extension of Time to Respond to Discovery Requests by Plaintiff Estate of John Kowalski (Maxam, Rachel) |
Filing 58
MINUTE ORDER granting the #57 Motion to Withdraw as Attorney. Attorney April Christine Connally is hereby terminated from her representation of Defendants Messer, Salazar, Mancha, and Wellpath LLC. By Magistrate Judge Nina Y. Wang on 10/29/2021. Text Only Entry(nywlc2, )
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| Filing 57 MOTION to Withdraw as Attorney by Defendants Brianda Mancha, Christina Messer, Desiree Salazar, Wellpath, LLC. (Connally, April) |
| Filing 56 COURTROOM MINUTES/MINUTE ORDER for Discovery Hearing held on 9/24/2021 before Magistrate Judge Nina Y. Wang. FTR: NYW-FTR. (bwilk, ) |
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Filing 55
MINUTE ORDER: This matter is before the court on the request for an informal discovery dispute conference. It is ORDERED that a Telephonic Discovery Dispute Conference is set for 9/24/2021 at 9:30 AM before Magistrate Judge Nina Y. Wang. The Parties shall use the following dial-in information to participate at the designated time: 888-363-4749, Access Code: 5738976. By Magistrate Judge Nina Y. Wang on 09/23/2021. Text Only Entry (nywlc2, )
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Filing 54
MINUTE ORDER granting the #53 Joint Motion to Extend Deadline for Joinder/Amendment of Pleadings. The deadline to join parties and to amend pleadings is hereby RE-SET for October 6, 2021. No further extensions of this deadline will be granted absent extraordinary circumstances. By Magistrate Judge Nina Y. Wang on 09/15/2021. Text Only Entry(nywlc2, )
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| Filing 53 Joint MOTION for Extension of Time to File Joinder/Amendment of Pleadings by Defendants Brianda Mancha, Christina Messer, Desiree Salazar, Wellpath, LLC. (Belsheim, David) |
| Filing 52 NOTICE of Entry of Appearance by David James Goldfarb on behalf of Chaun JohnsonAttorney David James Goldfarb added to party Chaun Johnson(pty:dft) (Goldfarb, David) |
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Filing 51
MINUTE ORDER granting the #49 Motion to Withdraw as Attorney filed by Rebecca Klymkowsky and the #50 Motion to Withdraw as Attorney filed by Rachel Bender. Ms. Klymkowsky and Ms. Bender are hereby terminated from their representation of Defendants Chaun Johnson and Greg Bennett. By Magistrate Judge Nina Y. Wang on 08/19/2021. Text Only Entry(nywlc2, )
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| Filing 50 MOTION to Withdraw as Attorney by Defendants Greg Bennett, Chaun Johnson. (Bender, Rachel) |
| Filing 49 MOTION to Withdraw as Attorney by Defendants Greg Bennett, Chaun Johnson. (Klymkowsky, Rebecca) |
| Filing 48 NOTICE of Entry of Appearance by Josh Adam Marks on behalf of Chaun JohnsonAttorney Josh Adam Marks added to party Chaun Johnson(pty:dft) (Marks, Josh) |
| Filing 47 NOTICE of Entry of Appearance by Tiffany Ellen Toomey on behalf of Scott TaborskyAttorney Tiffany Ellen Toomey added to party Scott Taborsky(pty:dft) (Toomey, Tiffany) |
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Filing 46
MINUTE ORDER granting the #45 Unopposed MOTION for Extension of Time to Join Parties and Amend Pleadings. The deadline to join parties and amend pleading is hereby re-set for September 22, 2021. By Magistrate Judge Nina Y. Wang on 08/08/2021. Text Only Entry(nywlc2, )
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| Filing 45 Unopposed MOTION for Extension of Time to Join Parties and Amend Pleadings by Plaintiff Estate of John Kowalski. (Maxam, Rachel) |
| Filing 44 NOTICE of Entry of Appearance by Frank William Suyat on behalf of Greg BennettAttorney Frank William Suyat added to party Greg Bennett(pty:dft) (Suyat, Frank) |
| Filing 43 NOTICE of Entry of Appearance by Patrick Dale Tooley on behalf of Greg BennettAttorney Patrick Dale Tooley added to party Greg Bennett(pty:dft) (Tooley, Patrick) |
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Filing 42
MINUTE ORDER granting #40 Motion to Withdraw as Attorney. Attorney Rachel Bender terminated from her representation of Defendants Mario Gonzalez and Scott Taborsky. By Magistrate Judge Nina Y. Wang on 08/03/2021. Text Only Entry(nywlc2, )
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Filing 41
MINUTE ORDER granting #39 Motion to Withdraw as Attorney. Attorney Rebecca Klymkowsky terminated from her representation of Defendants Mario Gonzalez and Scott Taborsky. By Magistrate Judge Nina Y. Wang on 08/03/2021. Text Only Entry(nywlc2, )
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| Filing 40 MOTION to Withdraw as Attorney by Defendants Mario Gonzalez, Scott Taborsky. (Bender, Rachel) |
| Filing 39 MOTION to Withdraw as Attorney by Defendants Mario Gonzalez, Scott Taborsky. (Klymkowsky, Rebecca) |
| Filing 38 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Scott TaborskyAttorney Eric Michael Ziporin added to party Scott Taborsky(pty:dft) (Ziporin, Eric) |
| Filing 37 NOTICE of Entry of Appearance by David R. DeMuro on behalf of Mario GonzalezAttorney David R. DeMuro added to party Mario Gonzalez(pty:dft) (DeMuro, David) |
| Filing 36 NOTICE of Entry of Appearance by Gordon Lamar Vaughan on behalf of Mario GonzalezAttorney Gordon Lamar Vaughan added to party Mario Gonzalez(pty:dft) (Vaughan, Gordon) |
| Filing 35 REPLY to Response to #12 MOTION to Dismiss filed by Defendants Greg Bennett, Mario Gonzalez, Chaun Johnson, Jeff Shrader, Scott Taborsky. (Klymkowsky, Rebecca) |
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Filing 34
PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 7/9/2021. (bwilk, )
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| Filing 33 NOTICE re #28 Scheduling Order Supplementation to Plaintiff's Damages Computation by Plaintiff Estate of John Kowalski (Maxam, Rachel) |
| Filing 32 STIPULATION for Entry of Protective Order by Plaintiff Estate of John Kowalski. (Maxam, Rachel) |
| Filing 31 COURTROOM MINUTES/MINUTE ORDER for Discovery Hearing held on 7/8/2021 before Magistrate Judge Nina Y. Wang. On or before July 9, 2021, Plaintiff shall revise the discovery requests to identify at whom they are directed. If disputes remain, parties should contact the court on or before July 15, 2021 for resolution. Parties would need to submit the revised requests to the court for review. FTR: NYW-FTR. (bwilk, ) |
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Filing 30
MINUTE ORDER granting #29 Motion for Extension of Time. The Sheriff Defendants shall file their Reply in support of their Motion to Dismiss on or before July 22, 2021. By Magistrate Judge Nina Y. Wang on 07/01/2021. Text Only Entry(nywlc2, )
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| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss by Defendants Greg Bennett, Mario Gonzalez, Chaun Johnson, Jeff Shrader, Scott Taborsky. (Klymkowsky, Rebecca) |
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Filing 28
SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 6/24/2021. (bwilk, )
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| Filing 27 COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 6/24/2021 before Magistrate Judge Nina Y. Wang. Discovery due by 4/22/2022. Dispositive Motions due by 5/27/2022. A Final Pretrial Conference is set for 7/19/2022 02:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties shall file their proposed pretrial order through CM/ECF and include a courtesy copy of the proposed order in Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: NYW-FTR. (bwilk, ) |
| Filing 26 RESPONSE to #12 MOTION to Dismiss filed by Plaintiff Estate of John Kowalski. (Maxam, Rachel) |
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Filing 25
ORDER denying #13 Motion to Stay, by Magistrate Judge Nina Y. Wang on 6/18/21.(nmarb, )
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| Filing 24 Proposed Scheduling Order by Plaintiff Estate of John Kowalski. (Maxam, Rachel) |
| Filing 23 CERTIFICATE of Review Re: Professional Negligence Claims by Plaintiff Estate of John Kowalski. (Bryant, Raymond) |
| Filing 22 RESPONSE to #13 MOTION to Stay ALL PROCEEDINGS AND DISCOVERY RELATED TO THEM PENDING DETERMINATION OF ENTITLEMENT TO QUALIFIED IMMUNITY filed by Plaintiff Estate of John Kowalski. (Bryant, Raymond) |
| Filing 21 NOTICE of Entry of Appearance by April Christine Connally on behalf of Brianda Mancha, Christina Messer, Desiree Salazar, Wellpath, LLCAttorney April Christine Connally added to party Brianda Mancha(pty:dft), Attorney April Christine Connally added to party Christina Messer(pty:dft), Attorney April Christine Connally added to party Desiree Salazar(pty:dft), Attorney April Christine Connally added to party Wellpath, LLC(pty:dft) (Connally, April) |
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Filing 20
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #15 , this case is referred to Magistrate Judge Nina Y. Wang for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 6/11/2021. Text Only Entry (pabsec2)
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| Filing 19 ANSWER to #1 Complaint and Jury Demand by Brianda Mancha, Christina Messer, Desiree Salazar, Wellpath, LLC.(Sargent, Craig) |
| Filing 18 NOTICE of Entry of Appearance by David Allen Belsheim on behalf of Brianda Mancha, Christina Messer, Desiree Salazar, Wellpath, LLCAttorney David Allen Belsheim added to party Brianda Mancha(pty:dft), Attorney David Allen Belsheim added to party Christina Messer(pty:dft), Attorney David Allen Belsheim added to party Desiree Salazar(pty:dft), Attorney David Allen Belsheim added to party Wellpath, LLC(pty:dft) (Belsheim, David) |
| Filing 17 NOTICE of Entry of Appearance by Craig A. Sargent on behalf of Brianda Mancha, Christina Messer, Desiree Salazar, Wellpath, LLCAttorney Craig A. Sargent added to party Brianda Mancha(pty:dft), Attorney Craig A. Sargent added to party Christina Messer(pty:dft), Attorney Craig A. Sargent added to party Desiree Salazar(pty:dft), Attorney Craig A. Sargent added to party Wellpath, LLC(pty:dft) (Sargent, Craig) |
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Filing 16
MINUTE ORDER: The #15 Consent to Jurisdiction of Magistrate Judge filed by Estate of John Kowalski is signed on behalf of Defendants Christina Messer, Desire Salazar, Brianda Mancha, and Wellpath LLC by attorney Craig A. Sergent, who has not entered an appearance in this matter. Mr. Sergent must enter his appearance before this court can effectuate the Parties' consent to the jurisdiction of a magistrate judge. By Magistrate Judge Nina Y. Wang on 06/11/2021. Text Only Entry (nywlc2, )
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| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Estate of John Kowalski All parties consent.. (Maxam, Rachel) |
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Filing 14
MINUTE ORDER re: #13 MOTION to Stay ALL PROCEEDINGS AND DISCOVERY RELATED TO THEM PENDING DETERMINATION OF ENTITLEMENT TO QUALIFIED IMMUNITY. Plaintiff shall file a Response to the Motion on or before June 14, 2021. By Magistrate Judge Nina Y. Wang on 06/07/2021. Text Only Entry (nywlc2, )
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| Filing 13 MOTION to Stay ALL PROCEEDINGS AND DISCOVERY RELATED TO THEM PENDING DETERMINATION OF ENTITLEMENT TO QUALIFIED IMMUNITY by Defendants Greg Bennett, Mario Gonzalez, Chaun Johnson, Jeff Shrader, Scott Taborsky. (Klymkowsky, Rebecca) |
| Filing 12 MOTION to Dismiss by Defendants Greg Bennett, Mario Gonzalez, Chaun Johnson, Jeff Shrader, Scott Taborsky. (Attachments: #1 Exhibit A)(Klymkowsky, Rebecca) |
| Filing 11 NOTICE of Entry of Appearance by Rachel Jane Marilyn Bender on behalf of Greg Bennett, Mario Gonzalez, Chaun Johnson, Jeff Shrader, Scott TaborskyAttorney Rachel Jane Marilyn Bender added to party Greg Bennett(pty:dft), Attorney Rachel Jane Marilyn Bender added to party Mario Gonzalez(pty:dft), Attorney Rachel Jane Marilyn Bender added to party Chaun Johnson(pty:dft), Attorney Rachel Jane Marilyn Bender added to party Jeff Shrader(pty:dft), Attorney Rachel Jane Marilyn Bender added to party Scott Taborsky(pty:dft) (Bender, Rachel) |
| Filing 10 NOTICE of Entry of Appearance by Rebecca Philana Klymkowsky on behalf of Greg Bennett, Mario Gonzalez, Chaun Johnson, Jeff Shrader, Scott TaborskyAttorney Rebecca Philana Klymkowsky added to party Greg Bennett(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Mario Gonzalez(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Chaun Johnson(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Jeff Shrader(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Scott Taborsky(pty:dft) (Klymkowsky, Rebecca) |
| Filing 9 NOTICE of Entry of Appearance by Raymond K. Bryant on behalf of Estate of John Kowalski (Bryant, Raymond) |
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Filing 8
ORDER Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent Form by Magistrate Judge Nina Y. Wang on 4/2/21. Consent Form due by 6/10/2021. Proposed Scheduling Order due by 6/17/2021. Telephonic Scheduling/Planning Conference set for 6/24/2021 09:30 AM before Magistrate Judge Nina Y. Wang. (nmarb, )
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| Filing 7 SUMMONSES issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Magistrate Judge Consent Form) (jgonz, ) |
| Filing 6 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a) Raymond K. Bryant was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred) |
| Filing 5 SUMMONS REQUEST as to Jeff Shrader, Mario Gonzalez, Chuan Johnson, Greg Bennett, Scott Taborsky, Christina Messer, Desiree Salazar, Brianda Mancha, Wellpath LLC re #1 Complaint by Plaintiff Estate of John Kowalski. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Shiffler, Zachary) |
| Filing 4 NOTICE of Entry of Appearance by Raymond K. Bryant on behalf of Estate of John KowalskiAttorney Raymond K. Bryant added to party Estate of John Kowalski(pty:pla) (Bryant, Raymond) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (alave, ) |
| Filing 2 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (alave, ) |
| Filing 1 COMPLAINT against Estate of John Kowalski (Filing fee $ 402,Receipt Number 1082-7774382), filed by Jeff Shrader. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Maxam, Rachel) |
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