Marez et al v. Polis et al
| JOHN DOE, JANE DOE, DEMETRIUS MAREZ, CHASE AUBREY ROUBIDEAUX, WAYNE SMITH, JR, NATIVE AMERICAN GUARDIAN'S ASSOCIATION, Donald Wayne Smith, Jr. and Native American Guardian's Association, The |
| Jared Polis, Dave Young, Katy Anthes, Phil Weiser, Kathryn Redhorse and Georgina Owen |
| 1:2021cv02941 |
| November 2, 2021 |
| US District Court for the District of Colorado |
| Regina M Rodriguez |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 33 LETTER TO USCA and all counsel certifying the record is complete as to #25 Notice of Appeal, filed by Donald Wayne Smith, Jr., Demetrius Marez, Chase Aubrey Roubideaux, Native American Guardian's Association, The. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 21-1421) Text Only Entry (angar, ) |
| Filing 32 TRANSCRIPT ORDER FORM by Plaintiffs Demetrius Marez, Native American Guardian's Association, The, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. Transcript is not necessary re #25 Notice of Appeal,. (angar, ) |
Filing 31
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 12/13/2021. Proposed Scheduling Order due 1/20/2022. Scheduling Conference set for 1/27/2022 10:30 AM before Magistrate Judge Nina Y. Wang, via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. (alave, )
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Filing 30
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M Rodriguez on 12/8/2021. Text Only Entry (rmrja)
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| Filing 29 USCA Case Number 21-1421 for #25 Notice of Appeal, filed by Donald Wayne Smith, Jr., Demetrius Marez, Chase Aubrey Roubideaux, Native American Guardian's Association, The. (angar, ) |
| Filing 28 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #25 Notice of Appeal, filed by Donald Wayne Smith, Jr., Demetrius Marez, Chase Aubrey Roubideaux, Native American Guardian's Association, The to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record and Docket Sheet)(angar, ) |
| Filing 27 NOTICE of Entry of Appearance by Scott D. Jones on behalf of All Plaintiffs Attorney Scott D. Jones added to party Demetrius Marez(pty:pla), Attorney Scott D. Jones added to party Native American Guardian's Association, The(pty:pla), Attorney Scott D. Jones added to party Chase Aubrey Roubideaux(pty:pla), Attorney Scott D. Jones added to party Donald Wayne Smith, Jr(pty:pla) (Jones, Scott) |
| Filing 26 NOTICE of Entry of Appearance by Scott D. Cousins on behalf of All Plaintiffs Attorney Scott D. Cousins added to party Demetrius Marez(pty:pla), Attorney Scott D. Cousins added to party Native American Guardian's Association, The(pty:pla), Attorney Scott D. Cousins added to party Chase Aubrey Roubideaux(pty:pla), Attorney Scott D. Cousins added to party Donald Wayne Smith, Jr(pty:pla) (Cousins, Scott) |
| Filing 25 NOTICE OF APPEAL as to #24 Order on Motion for Preliminary Injunction by Plaintiffs Demetrius Marez, Native American Guardian's Association, The, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr (Filing fee $ 505, Receipt Number ACODC-8204176) (Trachman, William) |
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Filing 24
ORDER denying #4 Emergency Motion for Preliminary Injunction. By Judge Regina M Rodriguez on 12/1/2021.(rmrja)
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| Filing 23 NOTICE of Entry of Appearance by Joseph A. Bingham on behalf of Demetrius Marez, Native American Guardian's Association, The, Chase Aubrey Roubideaux, Donald Wayne Smith, JrAttorney Joseph A. Bingham added to party Demetrius Marez(pty:pla), Attorney Joseph A. Bingham added to party Native American Guardian's Association, The(pty:pla), Attorney Joseph A. Bingham added to party Chase Aubrey Roubideaux(pty:pla), Attorney Joseph A. Bingham added to party Donald Wayne Smith, Jr(pty:pla) (Bingham, Joseph) |
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Filing 22
ORDER denying Plaintiffs' request for an expedited oral argument. Pursuant to the Court's 16 November 12, 2021 Order, the Court has reviewed the parties' briefings and DENIES Plaintiffs' request for an expedited oral argument. Upon review of the briefings, the Court finds that oral argument on Plaintiffs' #4 Emergency Motion for Preliminary Injunction and Request for Expedited Hearing is unnecessary. The Court will issue its ruling on the briefings. SO ORDERED by Judge Regina M Rodriguez on 11/29/2021. Text Only Entry (rmrja)
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| Filing 21 REPLY to Response to #4 Emergency MOTION for Preliminary Injunction and Request for Expedited Hearing filed by Plaintiffs Demetrius Marez, Native American Guardian's Association, The, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. (Attachments: #1 Exhibit 1 - Eunice Davidson Declaration)(Trachman, William) |
| Filing 20 BRIEF in Opposition to #4 Emergency MOTION for Preliminary Injunction and Request for Expedited Hearing filed by Defendants Katy Anthes, Georgina Owen, Jared Polis, Kathryn Redhorse, Phil Weiser, Dave Young. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kotlarczyk, Michael) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Native American Guardian's Association, The, Demetrius Marez, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. Georgina Owen waiver sent on 11/10/2021, answer due 1/9/2022. (Erhardt, Erin) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Native American Guardian's Association, The, Demetrius Marez, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. Katy Anthes waiver sent on 11/10/2021, answer due 1/9/2022. (Erhardt, Erin) |
| Filing 17 NOTICE of Entry of Appearance by Colleen Ann O'Laughlin on behalf of Katy Anthes, Georgina OwenAttorney Colleen Ann O'Laughlin added to party Katy Anthes(pty:dft), Attorney Colleen Ann O'Laughlin added to party Georgina Owen(pty:dft) (O'Laughlin, Colleen) |
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Filing 16
ORDER granting in part #9 Stipulated Scheduling Proposal. The Court GRANTS the parties' stipulated proposed briefing schedule as follows: Defendants shall file any Response to Plaintiffs' pending #4 Motion for Preliminary Injunction by Tuesday, 11/23/2021. Plaintiffs shall file any Reply to Defendants' Response by Friday, 11/26/2021.The Court TAKES UNDER ADVISEMENT Plaintiffs' opposed request for an expedited oral argument. The Court is currently scheduled for trial the week of 11/29/2021. The Court will determine the need and timing of a hearing once it has had an opportunity to review the briefing. SO ORDERED by Judge Regina M Rodriguez on 11/12/2021. Text Only Entry (rmrja)
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| Filing 15 WAIVER OF SERVICE Returned Executed by Native American Guardian's Association, The, Demetrius Marez, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. Dave Young waiver sent on 11/10/2021, answer due 1/9/2022. (Erhardt, Erin) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Native American Guardian's Association, The, Demetrius Marez, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. Kathryn Redhorse waiver sent on 11/10/2021, answer due 1/9/2022. (Erhardt, Erin) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Native American Guardian's Association, The, Demetrius Marez, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. Phil Weiser waiver sent on 11/10/2021, answer due 1/9/2022. (Erhardt, Erin) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Native American Guardian's Association, The, Demetrius Marez, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. Jared Polis waiver sent on 11/10/2021, answer due 1/9/2022. (Erhardt, Erin) |
| Filing 11 NOTICE of Entry of Appearance by Julie C. Tolleson on behalf of Katy Anthes, Georgina OwenAttorney Julie C. Tolleson added to party Katy Anthes(pty:dft), Attorney Julie C. Tolleson added to party Georgina Owen(pty:dft) (Tolleson, Julie) |
| Filing 10 NOTICE of Entry of Appearance by Erin Marie Erhardt on behalf of All Plaintiffs (Erhardt, Erin) |
| Filing 9 Proposed Scheduling Order Stipulated Scheduling Proposal by Plaintiffs Demetrius Marez, Native American Guardian's Association, The, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. (Erhardt, Erin) |
| Filing 8 NOTICE of Entry of Appearance by Michael T. Kotlarczyk on behalf of Jared Polis, Kathryn Redhorse, Phil Weiser, Dave YoungAttorney Michael T. Kotlarczyk added to party Jared Polis(pty:dft), Attorney Michael T. Kotlarczyk added to party Kathryn Redhorse(pty:dft), Attorney Michael T. Kotlarczyk added to party Phil Weiser(pty:dft), Attorney Michael T. Kotlarczyk added to party Dave Young(pty:dft) (Kotlarczyk, Michael) |
| Filing 7 NOTICE of Entry of Appearance by LeeAnn Morrill on behalf of Jared Polis, Kathryn Redhorse, Phil Weiser, Dave YoungAttorney LeeAnn Morrill added to party Jared Polis(pty:dft), Attorney LeeAnn Morrill added to party Kathryn Redhorse(pty:dft), Attorney LeeAnn Morrill added to party Phil Weiser(pty:dft), Attorney LeeAnn Morrill added to party Dave Young(pty:dft) (Morrill, LeeAnn) |
| Filing 6 CASE REASSIGNED. Pursuant to #5 Minute Order this case is randomly reassigned to Judge Regina M Rodriguez. All future pleadings should be designated as 21-cv-02941-RMR. (Text Only Entry). (alave, ) |
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Filing 5
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 11/08/2021. IT IS ORDERED that: The Clerk of the Court is DIRECTED to REDRAW this action to a District Judge for further proceedings. (alave, )
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| Filing 4 Emergency MOTION for Preliminary Injunction and Request for Expedited Hearing by Plaintiffs Demetrius Marez, Native American Guardian's Association, The, Chase Aubrey Roubideaux, Donald Wayne Smith, Jr. (Attachments: #1 Exhibit 1 - Jefferson Declaration, #2 Exhibit 2 - Marez Declaration, #3 Exhibit 3 - DOE, John Declaration, #4 Exhibit 4 - DOE, Jane Declaration, #5 Exhibit 5 - Roubideaux Declaration, #6 Exhibit 6 - Smith Declaration, #7 Exhibit 7 - Davidson Declaration, #8 Proposed Order (PDF Only))(Trachman, William) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Magistrate Judge Consent Form) (jsalz, ) |
| Filing 2 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (jsalz, ) |
| Filing 1 COMPLAINT against All Plaintiffs (Filing fee $ 402,Receipt Number ACODC-8158205)Attorney William Edward Trachman added to party JANE DOE(pty:pla), Attorney William Edward Trachman added to party JOHN DOE(pty:pla), Attorney William Edward Trachman added to party DEMETRIUS MAREZ(pty:pla), Attorney William Edward Trachman added to party NATIVE AMERICAN GUARDIAN'S ASSOCIATION(pty:pla), Attorney William Edward Trachman added to party CHASE AUBREY ROUBIDEAUX(pty:pla), Attorney William Edward Trachman added to party WAYNE SMITH, JR(pty:pla), filed by NATIVE AMERICAN GUARDIAN'S ASSOCIATION, CHASE AUBREY ROUBIDEAUX, JOHN DOE, DEMETRIUS MAREZ, JANE DOE, WAYNE SMITH, JR. (Attachments: #1 Civil Cover Sheet, #2 Summons Jared Polis, #3 Summons Dave Young, #4 Summons Katy Anthes, #5 Summons Phil Weiser, #6 Summons Kathryn Redhorse, #7 Summons Georgina Owen)(Trachman, William) |
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