Brubaker et al v. Ring et al
| Sara Brubaker and Dale Brubaker |
| Megan A Ring, Kathryn Hay, Megan (I) A. Ring and Kathryn (I) Hay |
| 1:2021cv02694 |
| October 5, 2021 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 32
ORDER granting #31 Defendants' Motion for Extension of Time to File Responsive Pleading to Plaintiffs' Amended Complaint until 12/7/2021, by Magistrate Judge Scott T. Varholak on 11/30/2021. Text Only Entry(stvlc1, )
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| Filing 31 MOTION for Extension of Time to File Answer or Otherwise Respond re #23 Amended Complaint by Defendants Kathryn Hay, Kathryn (I) Hay, Megan (I) A. Ring, Megan A Ring. (Katarikawe, Andrew) |
| Filing 30 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak on 11/29/2021. #12 Plaintiff's Verified Motion for a Preliminary Injunction is DENIED. The parties shall meet and confer regarding upcoming scheduling deadlines and file amotion if the parties agree that extensions are necessary. FTR: 402. (morti, ) |
| Filing 29 BRIEF in Opposition to #12 MOTION for Preliminary Injunction Regarding Application of Younger Abstention filed by Defendants Kathryn Hay, Kathryn (I) Hay, Megan (I) A. Ring, Megan A Ring. (Schultz, Scott) |
| Filing 28 STATEMENT re #12 MOTION for Preliminary Injunction Written Summation Re: 11/19/21 Hearing on Motion for Preliminary Injunction by Plaintiffs Dale Brubaker, Sara Brubaker. (Gregory, Christopher) |
| Filing 27 BRIEF in Support of #12 MOTION for Preliminary Injunction Regarding Jurisdiction and Younger Absention filed by Plaintiffs Dale Brubaker, Sara Brubaker. (DeFranco, Ingrid) |
| Filing 26 MINUTE ENTRY for Evidentiary Hearing held before Magistrate Judge Scott T. Varholak on 11/19/2021. Witness called and sworn. Direct examination. Cross examination. Plaintiff's Exhibit 8 is ADMITTED. The remainder of all Plaintiff's exhibits are TENTATIVELY ADMITTED. #12 Plaintiff's Motion for Preliminary Injunction is TAKEN UNDER ADVISEMENT and will issue it's ruling at the Motion Hearing set for 11/29/2021 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (Attachments: #1 Plaintiff's Exhibit 8) (morti, ) |
| Filing 25 Exhibit List and Witness List by Plaintiffs Dale Brubaker, Sara Brubaker. (DeFranco, Ingrid) |
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Filing 24
ORDER This matter is before the Court on #23 Plaintiff's Amended Verified Complaint "Amended Complaint"). Pursuant to Fed. R. Civ. P. 15(a)(1)(B), a plaintiff may amend its complaint once as a matter of course within 21 days after service of a motion made pursuant to Rule 12(b). Accordingly, the Amended Complaint is ACCEPTED AS FILED and #20 Defendants' Motion to Dismiss #1 Plaintiff's Complaint is DENIED AS MOOT. See Franklin v. Kan. Dep't of Corr., 160 F. App'x 730, 734 (10th Cir. 2005) ("An amended complaint supersedes the original complaint and renders the original complaint of no legal effect."). SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/17/2021. Text Only Entry(stvlc1, )
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| Filing 23 AMENDED COMPLAINT against Kathryn Hay, Megan A Ring, filed by Sara Brubaker, Dale Brubaker.(DeFranco, Ingrid) |
| Filing 22 NOTICE of Filing Amended Pleading re #1 Complaint, by Plaintiffs Dale Brubaker, Sara Brubaker (DeFranco, Ingrid) |
| Filing 21 REPLY to Response to #12 MOTION for Preliminary Injunction filed by Plaintiffs Dale Brubaker, Sara Brubaker. (Attachments: #1 Exhibit)(DeFranco, Ingrid) |
| Filing 20 MOTION to Dismiss Plaintiffs' Complaint by Defendants Kathryn Hay, Megan A Ring. (Attachments: #1 Exhibit A, #2 Exhibit B)(Katarikawe, Andrew) |
| Filing 19 RESPONSE to #12 MOTION for Preliminary Injunction filed by Defendants Kathryn Hay, Megan A Ring. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schultz, Scott) |
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Filing 18
ORDER This matter is before the Court on #17 Defendants' Motion for Extension of Time to File a Response in Opposition to #12 Plaintiff's Verified Motion for a Preliminary Injunction (the "Injunction Motion") and to Extend All Deadlines by Seven Days (the "Second Motion to Extend"). In support of the Second Motion to Extend, Defendants state only that "[t]he reasons for Defendants current motion for an extension of time are the same reasons given for" #9 Defendants' Unopposed Motion for Extension of Time to File a Responsive Pleading (the "First Motion to Extend"), which was filed on 10/22/2021 and the Court granted on the same day. In the First Motion to Extend, Defendants contended that their counsel had "other client obligations to fulfill in the next two weeks" (ending 11/05/2021) and that one of Defendants' attorneys would be out of the office the week of 10/26/2021. The justification offered for the first extension thus was considered by the Court in setting the briefing and hearing schedule on the Injunction Motion and does not offer any justification for the extension requested in the Second Motion to Extend. Moreover, the First Motion to Extend was unopposed whereas the Second Motion to Extend is opposed. Most importantly, the Injunction Motion contends that Plaintiffs are currently unrepresented in a state criminal proceeding set for trial in December 2021 at which they face lengthy minimum-mandatory prison terms of 10-32 years. The Court thus cannot delay any longer the resolution of Plaintiffs' Injunction Motion. Accordingly, the Second Motion to Extend is DENIED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/08/2021. Text Only Entry(stvlc1, )
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #12 MOTION for Preliminary Injunction and to Extend All Deadlines by Seven Days by Defendants Kathryn Hay, Megan A Ring. (Schultz, Scott) |
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Filing 16
MINUTE ORDER This matter is before the Court on #12 Plaintiffs' Verified Motion for Preliminary Injunction (the "Motion"). The Court sets the following expedited briefing schedule: Defendants shall file their response to the Motion on or before 11/11/2021, and Plaintiffs may then file a reply on or before 11/16/2021. An Evidentiary Hearing re: the Motion is set for 11/19/2021 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. On or before 11/17/2021, the parties shall file a joint exhibit list and joint witness list. The exhibit list shall include: a sequential exhibit number, a cross-reference to where in the docket the exhibit has previously been filed (if applicable), a brief description or title of the document, the party offering the exhibit, and, to the extent there is any objection, a brief statement of the basis for the objection. On or before noon on 11/18/2021, the parties shall send pre-marked copies of the proposed exhibits to the Court at Varholak_Chambers@cod.uscourts.gov. The witness list shall include: the name of the proposed witness, a brief statement regarding the topic(s) on which the witness will testify, the party offering the witness, the estimated length of the anticipated direct and cross-examination of the witness, and, to the extent there is any objection, a brief statement of the basis for the objection. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/3/2021. Text Only Entry (stvlc1, )
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Filing 15
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #14 , this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 11/03/2021. Text Only Entry (pabsec)
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| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Dale Brubaker, Sara Brubaker All parties consent.. (DeFranco, Ingrid) |
| Filing 13 BRIEF in Support of #12 MOTION for Preliminary Injunction filed by Plaintiffs Dale Brubaker, Sara Brubaker. (Attachments: #1 Exhibit Chief Justice Directive 04-04, #2 Exhibit Brubaker Applications)(DeFranco, Ingrid) |
| Filing 12 MOTION for Preliminary Injunction by Plaintiffs Dale Brubaker, Sara Brubaker. (Attachments: #1 Proposed Order (PDF Only))(DeFranco, Ingrid) |
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Filing 11
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 22 October 2021. Consent Form due by 11/23/2021. Proposed Scheduling Order due 11/30/2021. Scheduling Conference set for 12/7/2021 09:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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Filing 10
ORDER granting #9 Defendants' Motion for Extension of Time to File Responsive Pleading until 11/18/2021, by Magistrate Judge Scott T. Varholak on 10/22/2021. Text Only Entry(stvlc1, )
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| Filing 9 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Kathryn Hay, Megan A Ring. (Schultz, Scott) |
| Filing 8 NOTICE of Entry of Appearance by Scott Schultz on behalf of Kathryn Hay, Megan A Ring Attorney Scott Schultz added to party Kathryn Hay(pty:dft), Attorney Scott Schultz added to party Megan A Ring (pty:dft) (Schultz, Scott) |
| Filing 7 NOTICE of Entry of Appearance by Andrew Mutabaazi Katarikawe on behalf of Kathryn Hay, Megan A Ring Attorney Andrew Mutabaazi Katarikawe added to party Kathryn Hay(pty:dft), Attorney Andrew Mutabaazi Katarikawe added to party Megan A Ring (pty:dft) (Katarikawe, Andrew) |
| Filing 6 SUMMONS Returned Executed by All Plaintiffs. Megan A Ring served on 10/7/2021, answer due 10/28/2021. (DeFranco, Ingrid) |
| Filing 5 SUMMONS Returned Executed by All Plaintiffs. Kathryn Hay served on 10/6/2021, answer due 10/27/2021. (DeFranco, Ingrid) |
| Filing 4 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Christopher Gregory. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (mbrow, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (mbrow, ) |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (mbrow, ) |
| Filing 1 COMPLAINT For Declaratory and Injunctive Relief against All Plaintiffs (Filing fee $ 402,Receipt Number ACODC-8108362)Attorney Ingrid J. DeFranco added to party Dale Brubaker(pty:pla), Attorney Ingrid J. DeFranco added to party Sara Brubaker(pty:pla), filed by Sara Brubaker, Dale Brubaker. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(DeFranco, Ingrid) |
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