Garner v. City of Loveland et al
Plaintiff is an elder suffering from dementia and sensory aphasia, which affects her ability to communicate and understand. She sued Defendants City of Loveland, Officer Austin Hopp, Officer Daria Jalali and Sergeant Philip Metzler pursuant to 42 USC Section 1983 and Title II of the Americans with Disabilities Act. Plaintiff alleged that Walmart had called the police after she had forgotten to pay for items worth $13.88 from the store. Plaintiff alleged that Defendant Hopp violently assaulted her while responding to the call, Defendant Jalali assisted Hopp and failed to intervene, and that Defendant Metzler helped coverup the assault and denied her access to medical care for a fractured and dislocated shoulder.
| Karen Garner |
| Austin Hopp, City of Loveland, Philip Metzler, Daria Jalali, Tyler Blackett and Antolina Hill |
| 1:2021cv01035 |
| April 14, 2021 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Kristen L Mix |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.
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Filing 44
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/18/2022. This matter is before the Court on the parties' Stipulation to Dismiss Defendant City of Loveland with Prejudice [Docket #43 ]. The parties request an order dismissing defendant City of Loveland with prejudice. Upon the filing of the Stipulation to Dismiss Defendant City of Loveland with Prejudice [Docket No. #43 ], this action was dismissed with prejudice. (agarc, )
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| Filing 43 Stipulated MOTION to Dismiss the City of Loveland by Defendant City of Loveland. (Sandlin, Kate) |
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Filing 42
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/22/2021. IT IS HEREBY ORDERED that, no later than January 21, 2022, the parties shall file either dismissal papers or a status report. IT IS FURTHER ORDERED that the Scheduling Conference set for February 14, 2022, at 10:00 a.m. is VACATED. (alave, )
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| Filing 41 Joint STATUS REPORT by Defendant City of Loveland. (Ziporin, Eric) |
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Filing 40
ORDER by Magistrate Judge Kristen L. Mix on 12/13/2021. IT IS HEREBY ORDERED that the Motion #35 is DENIED. Proposed Scheduling Order due 2/7/2022. Scheduling Conference set for 2/14/2022 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix.(alave, )
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Filing 39
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/6/2021, re: #38 Stipulated MOTION to Dismiss Party. ORDERED the case was DISMISSED with prejudice as to these defendants as of the entry of the stipulation. No order of dismissal is necessary. (sphil, )
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| Filing 38 Stipulated MOTION to Dismiss Party by Defendants Tyler Blackett, Antolina Hill, Austin Hopp, Daria Jalali, Philip Metzler. (Attachments: #1 Proposed Order (PDF Only))(Abramson, Jonathan) |
| Filing 37 RESPONSE to #35 Joint MOTION to Stay All Proceedings filed by Plaintiff Karen Garner. (Schielke, Sarah) |
| Filing 36 MEMORANDUM regarding #35 Joint MOTION to Stay All Proceedings filed by Tyler Blackett, Philip Metzler, Antolina Hill, City of Loveland, Daria Jalali, Austin Hopp. Motion referred to Magistrate Judge Kristen L. Mix, by Chief Judge Philip A. Brimmer on 7/14/2021. Text Only Entry (pabsec2) |
| Filing 35 Joint MOTION to Stay All Proceedings by Defendants Tyler Blackett, City of Loveland, Antolina Hill, Austin Hopp, Daria Jalali, Philip Metzler. (Abramson, Jonathan) |
| Filing 34 NOTICE of Unsuccessful Mediation and Request to Set Scheduling Conference by Plaintiff Karen Garner (Schielke, Sarah) |
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Filing 33
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/21/21 granting #28 Stipulated Motion to Stay Case and Continue Scheduling Conference. The case is STAYED pursuant to D.C.COLO.LCivR 16.6(a) until July 7, 2021, so that the parties may conduct mediation. IT IS FURTHER ORDERED that within seven (7) days of the mediation, or by July 14, 2021, the parties shall notify the Court of the outcome of the mediation. IT IS FURTHER ORDERED that the Scheduling Conference set for July 14, 2021, at 10:00 a.m. is VACATED, to be reset if the mediation is unsuccessful.(nmarb, )
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| Filing 32 NOTICE of Entry of Appearance by Kate Marshall Sandlin on behalf of City of LovelandAttorney Kate Marshall Sandlin added to party City of Loveland(pty:dft) (Sandlin, Kate) |
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Filing 31
STIPULATED TEMPORARY PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 6/15/21. (nmarb, )
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Filing 30
MINUTE ORDER granting #26 Motion for Protective Order, by Magistrate Judge Kristen L. Mix on 6/15/21.(nmarb, )
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| Filing 29 MEMORANDUM regarding #28 Stipulated MOTION to Stay Case and Continue Scheduling Conference filed by City of Loveland. Motion referred to Magistrate Judge Kristen L. Mix, by Chief Judge Philip A. Brimmer on 6/14/2021. Text Only Entry (pabsec2) |
| Filing 28 Stipulated MOTION to Stay Case and Continue Scheduling Conference by Defendant City of Loveland. (Ziporin, Eric) |
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Filing 27
MEMORANDUM regarding #26 Joint MOTION for Protective Order filed by City of Loveland. Motion referred to Magistrate Judge Kristen L. Mix, by Chief Judge Philip A. Brimmer on 6/14/2021. Text Only Entry (pabsec2)
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| Filing 26 Joint MOTION for Protective Order by Defendant City of Loveland. (Attachments: #1 Proposed Order (PDF Only))(Ziporin, Eric) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Karen Garner. Philip Metzler waiver sent on 4/14/2021, answer due 6/13/2021. (Schielke, Sarah) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Karen Garner. Daria Jalali waiver sent on 4/26/2021, answer due 6/25/2021. (Schielke, Sarah) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Karen Garner. Tyler Blackett waiver sent on 4/26/2021, answer due 6/25/2021. (Schielke, Sarah) |
| Filing 22 NOTICE of Entry of Appearance by David James Goldfarb on behalf of Philip MetzlerAttorney David James Goldfarb added to party Philip Metzler(pty:dft) (Goldfarb, David) |
| Filing 21 NOTICE of Entry of Appearance by Josh Adam Marks on behalf of Philip MetzlerAttorney Josh Adam Marks added to party Philip Metzler(pty:dft) (Marks, Josh) |
| Filing 20 MINUTE RDER by Chief Judge Philip A. Brimmer on 5/12/2021, re: #18 parties' Stipulated Motion for Referral to Magistrate Judge for Mediation is DENIED..(sphil, ) |
| Filing 19 NOTICE of Entry of Appearance by Peter H. Doherty on behalf of Tyler BlackettAttorney Peter H. Doherty added to party Tyler Blackett(pty:dft) (Doherty, Peter) |
| Filing 18 Stipulated MOTION for Referral to Magistrate Judge for Mediation by Defendant City of Loveland. (Ziporin, Eric) |
| Filing 17 NOTICE of Entry of Appearance by Saugat K. Thapa on behalf of Antolina HillAttorney Saugat K. Thapa added to party Antolina Hill(pty:dft) (Thapa, Saugat) |
| Filing 16 NOTICE of Entry of Appearance by Katherine M.L. Pratt on behalf of Antolina HillAttorney Katherine M.L. Pratt added to party Antolina Hill(pty:dft) (Pratt, Katherine) |
| Filing 15 NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Daria JalaliAttorney Yulia Nikolaevskaya added to party Daria Jalali(pty:dft) (Nikolaevskaya, Yulia) |
| Filing 14 NOTICE of Entry of Appearance by Jonathan Marshall Abramson on behalf of Daria JalaliAttorney Jonathan Marshall Abramson added to party Daria Jalali(pty:dft) (Abramson, Jonathan) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Karen Garner. Austin Hopp waiver sent on 4/15/2021, answer due 6/14/2021. (Schielke, Sarah) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Karen Garner. Antolina Hill waiver sent on 4/26/2021, answer due 6/25/2021. (Schielke, Sarah) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Karen Garner. City of Loveland waiver sent on 4/15/2021, answer due 6/14/2021. (Schielke, Sarah) |
| Filing 10 NOTICE of Entry of Appearance by Gordon Lamar Vaughan on behalf of Austin HoppAttorney Gordon Lamar Vaughan added to party Austin Hopp(pty:dft) (Vaughan, Gordon) |
| Filing 9 NOTICE of Entry of Appearance by Sara Ludke Cook on behalf of Austin HoppAttorney Sara Ludke Cook added to party Austin Hopp(pty:dft) (Cook, Sara) |
| Filing 8 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of City of LovelandAttorney Eric Michael Ziporin added to party City of Loveland(pty:dft) (Ziporin, Eric) |
| Filing 7 Conventionally Submitted Material : 1 CD of Exhibit 2 to #6 Amended Complaint by Plaintiff Karen Garner. Location: 1st Floor Area, Box A-1-1. Text Only Entry. (sphil, ) |
| Filing 6 AMENDED COMPLAINT and Jury Demand against All Defendants, filed by Karen Garner. (Attachments: #1 Conventionally Submitted Exhibit 2 - Cover Page)(Schielke, Sarah) |
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Filing 5
ORDER Setting Scheduling/Planning Conference. Proposed Scheduling Order due7/7/2021. Scheduling/Planning Conference set for 7/14/2021 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 4/15/2021. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Magistrate Judge Consent Form) (agarc, )
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 4/15/2021. Text Only Entry (pabsec2)
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (jtorr, ) |
| Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, ) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402,Receipt Number 1082-7817200)Attorney Sarah Jay Schielke added to party Karen Garner(pty:pla), filed by Karen Garner. (Attachments: #1 Civil Cover Sheet, #2 Conventionally Submitted Exhibit 1 to Complaint)(Schielke, Sarah) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402,Receipt Number 1082-7817200)Attorney Sarah Jay Schielke added to party Karen Garner(pty:pla), filed by Karen Garner. (Attachments: # 1 Civil Cover Sheet, # 2 Conventionally Submitted Exhibit 1 to Complaint)(Schielke, Sarah) |
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