Knott v. Martinez
Plaintiff: Courtney Knott
Defendant: Matthew Martinez
Case Number: 1:2021cv01713
Filed: June 23, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Gordon P Gallagher
Referring Judge: Kristen L Mix
2 Judge: Raymond P Moore
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2022 Filing 35 Civil Case Terminated pursuant to the #34 stipulation to dismiss filed in this case. Text Only Entry. (sdunb, )
February 8, 2022 Filing 34 STIPULATION of Dismissal of Case with Prejudice by Plaintiff Courtney Knott. (Bryan, Christopher)
January 12, 2022 Filing 33 ANSWER to #32 Amended Complaint by Matthew Martinez.(Hertzke, Billy-George)
December 29, 2021 Filing 32 AMENDED COMPLAINT and Jury Demand against Matthew Martinez, filed by Courtney Knott.(Bryan, Christopher)
December 29, 2021 Filing 31 TRANSCRIPT of Motion for Leave held on December 3, 2021 before Magistrate Judge Gallagher. Pages: 1-12. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
December 7, 2021 Filing 30 MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: granting #22 Motion for Leave. Motion Hearing held on 12/3/2021 re #22 MOTION for Leave to Amend Pleadings to Assert a Claim for Exemplary Damages filed by Courtney Knott. For the reasons set forth on the record, the Motion is granted. A transcript of this hearing is ordered to be prepared at the expense of the Court and available to all parties. After the transcript is placed on the record, parties shall have 14 days to object to this non-dispositive ruling, if they so choose. Plaintiff shall wait until the transcript is placed on the record to file her Amended Complaint. APPEARANCES all via telephone: For Plaintiff is Christopher Bryan. For Defendant is Billy-George Hertzke. FTR: Grand Junction. (gpgsec, ) Text Only Entry
November 19, 2021 Opinion or Order Filing 29 ORDER: Telephonic Motion Hearing set for 12/3/2021 11:15 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Parties to call 888-363-4749, Access 3136546#. By Magistrate Judge Gordon P. Gallagher on November 19, 2021. Text Only Entry (gpgsec, )
October 11, 2021 Filing 28 REPLY to Response to #22 MOTION for Leave to Amend Pleadings to Assert a Claim for Exemplary Damages filed by Plaintiff Courtney Knott. (Attachments: #1 Exhibit C)(Bryan, Christopher)
September 29, 2021 Filing 27 RESPONSE to #22 MOTION for Leave to Amend Pleadings to Assert a Claim for Exemplary Damages filed by Defendant Matthew Martinez. (Hertzke, Billy-George)
September 9, 2021 Filing 26 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #24 NOTICE of "Marked-up Complaint" Amended Complaint filed by attorney Christopher D. Bryan. The document is incorrectly formatted. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR D.C.COLO.LCivR 10.1 FORMAT OF PLEADINGS AND DOCUMENTS PRESENTED FOR FILING (e) Spacing. All pleadings and documents shall be double spaced. DO NOT REFILE THE DOCUMENT. (Text Only Entry) (evana, ) (Modified on 9/15/2021 corrected to LCivR 10.1)(evana, ).
September 9, 2021 Filing 25 MEMORANDUM regarding #22 MOTION for Leave to Amend Pleadings to Assert a Claim for Exemplary Damages filed by Courtney Knott. Motion referred to Magistrate Judge Gordon P. Gallagher. By Judge Raymond P. Moore on 9/9/2021. (Text Only Entry) (rmsec )
September 8, 2021 Filing 24 NOTICE of "Marked-up Complaint" to #22 filed by Courtney Knott.(Bryan, Christopher) (Modified on 9/9/2021 edited to reflect that this is a Red Lined Version and NOT and Amended Complaint as filed)(evana, ).
September 8, 2021 Opinion or Order Filing 23 ORDER: This matter is before the Court on Plaintiff's motion for leave to amend complaint #22 . Although C.R.S. 13-21-102 governs when and whether a party may be allowed to amend her pleadings to assert a claim for exemplary damages, the Court finds Local Rule 15.1 nonetheless applies. Accordingly, it is ORDERED that, on or before Friday, September 10, 2021, Plaintiff shall file a marked-up copy of the proposed amended complaint in compliance with D.C.COLO.LCivR 15.1(b). SO ORDERED by Judge Raymond P. Moore on 9/8/2021. (Text Only Entry)(rmsec )
September 8, 2021 Filing 22 MOTION for Leave to Amend Pleadings to Assert a Claim for Exemplary Damages by Plaintiff Courtney Knott. (Attachments: #1 Exhibit A - Guilty Plea and Waiver of Rights, #2 Exhibit B - Amended Complaint and Jury Demand, #3 Proposed Order (PDF Only))(Bryan, Christopher)
August 30, 2021 Opinion or Order Filing 21 SCHEDULING ORDER by Magistrate Judge Gordon P. Gallagher on 08/27/2021. Discovery due by 5/1/2022. Dispositive Motions due by 6/1/2022. (alave, )
August 27, 2021 Filing 20 MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Scheduling Conference held on 8/27/2021. Scheduling Order entered. Written status report due 30 days prior to the close of discovery. APPEARANCES all via telephone: For Plaintiff, Christopher Bryan; for Defendant, Billy-George Hertzke and Tate Hughes. FTR: Grand Junction. (gpgsec, ) Text Only Entry
August 18, 2021 Opinion or Order Filing 19 ORDER : Telephone Scheduling Conference set for 8/27/2021 11:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. At the time of the hearing, parties to call 888-363-4749, Access Code 3136546#. By Magistrate Judge Gordon P. Gallagher on August 18, 2021. Text Only Entry (gpgsec, )
August 16, 2021 Opinion or Order Filing 18 MINUTE ORDER. In light of the reassignment of this case to Magistrate Judge Gallagher [#17], the Scheduling Conference set for September 2, 2021 is VACATED. By Magistrate Judge Kristen L. Mix on August 16, 2021. Text Only Entry (klmlc1, )
August 16, 2021 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Gordon P. Gallagher. 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 Judge Raymond P. Moore on 8/16/2021. (Text Only Entry) (rmsec )
August 16, 2021 Opinion or Order Filing 16 ORDER REASSIGNING MAGISTRATE JUDGE pursuant to D.C.COLO.LCivR 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings and other filings in this case shall reflect the case number of 21-cv-01713-RM-GPG, by Judge Raymond P. Moore on 8/16/2021. (evana, )
August 12, 2021 Filing 15 Proposed Scheduling Order by Plaintiff Courtney Knott. (Bryan, Christopher)
August 11, 2021 Opinion or Order Filing 14 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. By Judge Raymond P. Moore on 8/11/2021. (Text Only Entry) (rmsec )
August 11, 2021 Opinion or Order Filing 13 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 Judge Raymond P. Moore on 8/11/2021. (Text Only Entry) (rmsec )
August 11, 2021 Filing 12 CASE REASSIGNED pursuant to #11 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 21-cv-01713-RM. (Text Only Entry). (alave, )
August 11, 2021 Opinion or Order Filing 11 MINUTE ORDER re: #10 Consent/Non-Consent to Jurisdiction of Magistrate Judge filed by Courtney Knott. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 08/11/2021. (alave, )
August 11, 2021 Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Courtney Knott All parties do not consent.. (Bryan, Christopher)
July 13, 2021 Opinion or Order Filing 9 ORDER Setting Scheduling Conference for 9/2/2021 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Proposed Scheduling Order due 8/26/2021, by Magistrate Judge Kristen L. Mix on 7/13/2021. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (jgonz, )
July 8, 2021 Filing 8 NOTICE of Entry of Appearance by Andrea S. Bryan on behalf of Courtney KnottAttorney Andrea S. Bryan added to party Courtney Knott(pty:pla) (Bryan, Andrea)
June 30, 2021 Filing 7 ANSWER to #4 Complaint by Matthew Martinez.(Hertzke, Billy-George)
June 23, 2021 Filing 6 NOTICE of Entry of Appearance by Christopher David Bryan on behalf of Courtney KnottAttorney Christopher David Bryan added to party Courtney Knott(pty:pla) (Bryan, Christopher)
June 23, 2021 Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, )
June 23, 2021 Filing 4 COMPLAINT AND JURY DEMAND against Matthew Martinez, filed by Courtney Knott.(jsalz, )
June 23, 2021 Filing 3 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (jsalz, )
June 23, 2021 Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jsalz, )
June 23, 2021 Filing 1 NOTICE OF REMOVAL by Matthew Martinez from Pitkin County District Court, Case Number 2021CV30019. (Filing fee $ 402, Receipt Number 1082-7927813), filed by Matthew Martinez. (Attachments: #1 Exhibit Exhibit A - NOR - Complaint, #2 Exhibit Exhibit B - NOR - Civil Cover Sheet, #3 Exhibit Exhibit C - NOR - Substituted Service Order, #4 Exhibit Exhibit D - NOR - Summons, #5 Exhibit Exhibit E - NOR - Plaintiff's Voting Record, #6 Exhibit Exhibit F - NOR - Affidavit of Matthew Martinez, #7 Civil Cover Sheet Federal Case Cover Sheet, #8 Supplemental Civil Cover Sheet Supplemental Case Cover Sheet, #9 Certification of Filing Notice to Pitkin County, #10 State Court Pleading Index)(Hertzke, Billy-George)

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Plaintiff: Courtney Knott
Represented By: Christopher David Bryan
Represented By: Andrea S. Bryan
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Defendant: Matthew Martinez
Represented By: Billy-George Hertzke
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