Robledo v. Griffith et al
| Craig S. Robledo-Valdez and C. Sebastian Robledo |
| Marshall Griffith, Travis Trani and Misty Zade |
| 1:2021cv03491 |
| December 30, 2021 |
| US District Court for the District of Colorado |
| William J Martinez |
| Scott T Varholak |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 37 CERTIFICATE of Service by mail by Clerk of Court re 36 Order on Motion for Order to C. Sebastian Robledo #145545 Arkansas Valley Correctional Facility (AVCF) 12750 Highway 96 at Lane 13 Ordway, CO 81034. Text Only Entry (cmadr, ) |
Filing 36
ORDER This matter is before the Court on #23 Motion to Reinstate all Defendants and Claims, which the Court construes as a motion to amend the complaint. The Court has reviewed the Motion and the #29 Response filed by Defendants. Because Defendants do not oppose the filing of an amended complaint, the #23 Motion is GRANTED. Plaintiff is instructed to file an amended complaint on or before 3/18/2022. Plaintiff's amended complaint should include: (1) all defendants he wishes to include in this action, (2) all claims against every defendant, and (3) all factual allegations related to every claim and every defendant. Plaintiff's amended complaint should not refer back to any previous version of the complaintall information necessary to his claims should be included in the amended complaint. Finally, Plaintiff's amended complaint should be completed on the Court's prisoner complaint form, which the Clerk of Court is directed to mail to Plaintiff, along with this Order. The Status Conference set for 2/10/2022 is VACATED. Defendants' deadline to respond to the Complaint remains STAYED pending the filing of Plaintiff's amended complaint, at which time Defendants should respond under the timeline established by the Federal Rules. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/9/2022. Text Only Entry(stvlc2, )
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| Filing 35 CERTIFICATE of Service by Mail by Clerk of Court re 33 Order, 34 Memorandum, and 32 Order Referring Case to Magistrate Judge to C. Sebastian Robledo #145545 at Arkansas Valley Correctional Facility (AVCF) 12750 Highway 96 at Lane 13 Ordway, CO 81034. Text Only Entry. (trvo, ) |
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Filing 34
MEMORANDUM regarding #23 MOTION for Order to filed by C. Sebastian Robledo. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 2/7/2022. Text Only Entry (wjmsec, )
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Filing 33
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 2/ 7/2022. Text Only Entry (wjmsec, )
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Filing 32
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 2/7/2022. Text Only Entry (wjmsec, )
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| Filing 31 CASE REASSIGNED pursuant to #30 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 21-cv-03491-WJM. (Text Only Entry) (cmadr, ) |
| Filing 30 CONSENT to Jurisdiction of Magistrate Judge by Defendants Marshall Griffith, Travis Trani, Misty Zade All parties do not consent.. (Johannesen, Rebecca) |
| Filing 29 RESPONSE Defendants' Response to Plaintiff's Motion to Reinstate All Defendants and Claims (ECF No. 23) by Defendants Marshall Griffith, Travis Trani, Misty Zade. (Johannesen, Rebecca) |
| Filing 28 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff C. Sebastian Robledo. Plaintiff does not consent. (cmadr, ) |
| Filing 27 NOTICE of Additional Defendant and Consent to Removal by Defendant Misty Zade (Attachments: #1 Exhibit A - Proof of Service - Misty Zade)(Johannesen, Rebecca) |
| Filing 26 CERTIFICATE of Service by mail by Clerk of Court re 25 Order on Motion for Extension of Time to Answer or Otherwise Respond,,, to C. Sebastian Robledo #145545 Arkansas Valley Correctional Facility (AVCF) 12750 Highway 96 at Lane 13 Ordway, CO 81034. Text Only Entry (cmadr, ) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to Answer or Otherwise Respond. Defendants' deadline to respond to the Complaint is STAYED pending a Telephonic Status Conference set for 2/10/2022 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties may participate in the hearing telephonically by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall file the form indicating consent/nonconsent to magistrate jurisdiction on or before 2/7/2022. The Scheduling Conference set for 3/9/2022 is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/19/2022. Text Only Entry(stvlc2, )
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| Filing 24 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Fourth Amended Complaint by Defendants Marshall Griffith, Travis Trani. (Johannesen, Rebecca) |
| Filing 23 MOTION to Reinstate all Defendants and Claims by Plaintiff C. Sebastian Robledo. (alave, ) |
| Filing 22 CERTIFICATE of Mailing/Service AMENDED Certificate of Service by Defendants Marshall Griffith, Travis Trani, Misty Zade. (Johannesen, Rebecca) |
| Filing 21 CERTIFICATE of Service by Mail by Clerk of Court re #20 Order to C. Sebastian Robledo, #145545, Arkansas Valley Correctional Facility, 12750 Highway 96 at Lane 13, Ordway, CO 81034. Text Only Entry. (agarc, ) |
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Filing 20
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Scheduling Conference set for March 9, 2022 10:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by February 23, 2022. Proposed Scheduling Order due March 2, 2022, by Magistrate Judge Scott T. Varholak on 1/12/2022. (agarc, ) Modified on 1/13/2022 to correct filed date (agarc, ).
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Filing 19
ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 1/11/2022. This case is randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 21-cv-03491-STV (sphil, )
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| Filing 18 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) |
| Filing 17 RETURN of Service of District Court Civil Summons, Amended Prisoner Complaint in Tort, and Exhibits upon Marshall Griffith on 12/15/2021. (jtorr, ) |
| Filing 16 RETURN of Service of District Court Civil Summons, Amended Prisoner Complaint in Tort, and Exhibits upon Travis Trani on 12/15/2021. (jtorr, ) |
| Filing 15 STATE COURT NOTICE of Clerk of Court Effecting Service of Amended Complaint and District Court Civil Summons upon Marshall Griffith, Travis Trani, and Misty Zade on 12/8/2021. (jtorr, ) |
| Filing 14 STATE COURT ORDER re: Amended Complaint Dated November 5, 2021 by El Paso County District Court Judge G. David Miller on 12/6/2021. (jtorr, ) |
| Filing 13 AMENDED PRISONER COMPLAINT in Tort Pursuant to C.R.S. 13-21-131 and 24-10-108 and 42 U.S.C. 1983 against Marshall Griffith, Travis Trani, Misty Zade, filed by C. Sebastian Robledo.(jtorr, ) |
| Filing 12 STATE COURT ORDER Granting Defendant's Motion for Reconsideration by El Paso County District Court Judge G. David Miller Jr. on 10/15/2021. (jtorr, ) |
| Filing 11 STATE COURT ORDER Granting in Part Motion for Leave to Amend Complaint by El Paso County District Court Judge G. David Miller Jr. on 10/6/2021. (jtorr, ) |
| Filing 10 STATE COURT ORDER Granting Motion for Enlargement of Time for Defendant to File Response to "Tort Complaint" by El Paso County District Court Judge G. David Miller on 9/7/2021. (jtorr, ) |
| Filing 9 STATE COURT ORDER re: CDOC's Motion to Dismiss Complaint Pursuant to C.R.C.P. 12(b)(1) and Order Amending Order of Partial Dismissal of March 17, 2021 by El Paso County District Court Judge G. David Miller on 8/23/2021. (jtorr, ) |
| Filing 8 STATE COURT ORDER Granting Motion for Enlargement of Time for Defendant to File Response to "Tort Complaint" by El Paso County District Court Judge G. David Miller on 7/12/2021. (jtorr, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of District Court Civil Summons, Complaint, Tort Complaint, Exhibits, and Order of Partial Dismissal upon Attorney General on 3/26/2021. (jtorr, ) |
| Filing 6 RETURN of Service of District Court Civil Summons, Complaint, Tort Complaint, and Order of Partial Dismissal upon Colorado Department of Corrections on 3/24/2021. (jtorr, ) |
| Filing 5 STATE COURT NOTICE of Clerk of Court Effecting Service of Complaint, Exhibits, Order, and District Court Civil Summons upon Colorado Department of Corrections on 3/12/2021. (jtorr, ) |
| Filing 4 STATE COURT ORDER of Partial Dismissal Pursuant to C.R.S. 24-10-109, Removal of Individual Parties and Recaptioning of the Case, Approval of Motion in Forma Pauperis and Order to Provide Service by the Clerk of Court by El Paso County District Court Judge G. David Miller on 3/17/2021. (jtorr, ) |
| Filing 3 Tort COMPLAINT Pursuant to C.R.S. 24-10-108 and 42 U.S.C. 1983 against Marshall Griffith, Travis Trani, Misty Zade, filed by C. Sebastian Robledo.(jtorr, ) |
| Filing 2 Exhibits in Support of Notice of Removal by Defendants Marshall Griffith, Travis Trani. (Attachments: #1 Exhibit AA - State Court Order, #2 Exhibit BB - State Court Motion for Clarification, #3 Exhibit CC - State Court Order, #4 Exhibit DD - State Court Motion for Leave to Amend, #5 Exhibit EE - State Court Order, #6 Exhibit FF - State Court CDOC's Motion for Reconsideration, #7 Exhibit GG - State Court Order, #8 Exhibit HH - State Court Notice of Interlocutory Appeal, #9 Exhibit II - State Court Advisory Notice-NAPF, #10 Exhibit JJ - State Court Order, #11 Exhibit KK- State Court Mandate from Appeals Court, #12 Exhibit LL - State Court Defendant's MXT, #13 Exhibit MM - State Court Order, #14 Exhibit NN - State Court Fourth Motion for Leave to Amend Complaint, #15 Exhibit OO - State Court Order, #16 Exhibit PP - State Court Amended Prisoner Complaint, #17 Exhibit QQ - State Court Order, #18 Exhibit RR - State Court Motion for Court Assisted Service, #19 Exhibit SS - State Court Order, #20 Exhibit TT - State Court Notice of Summons, #21 Exhibit UU - State Court Notice of Clerk Effecting Service - Add'l Parties, #22 Exhibit VV - State Court Return of Service - Travis Trani, #23 Exhibit WW - State Court Return of Service - to Marshall Griffith, #24 Exhibit XX - State Court Register of Actions)(Johannesen, Rebecca) |
| Filing 1 NOTICE OF REMOVAL by Travis Trani, Marshall Griffith from El Paso County, Case Number 21cv32. (Filing fee $ 402, Receipt Number ACODC-8246472), filed by Travis Trani, Marshall Griffith. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit A-1 - State Court Attachment to Complaint, #3 Exhibit B - State Court Complaint Under Simplified Civil Procedure, #4 Exhibit C - State Court MIFP Finding, #5 Exhibit D - State Court Order of Partial Dismissal, #6 Exhibit E - State Court Notice of Service, #7 Exhibit F - State Court Combined Mtn to Reconsider Dismissal-Reinstate Claims, #8 Exhibit G - State Court Return of Service - CDOC, #9 Exhibit H - State Court Return of Service - AG, #10 Exhibit I - State Court Mtn to Reconsider IFP Status, #11 Exhibit I-1 - State Court Amended Cert of Service, #12 Exhibit I-A - State Court Ex. A to Mtn to Reconsider, #13 Exhibit I-B - State Court Ex. B to Mtn to Reconsider, #14 Exhibit J - State Court Order, #15 Exhibit K - State Court EOA - Johannesen, #16 Exhibit L - State Court Order, #17 Exhibit M - State Court Defendant's MXT to File Resp to Complaint, #18 Exhibit N - State Court Order, #19 Exhibit O - State Court MTW Karen Lorenz, #20 Exhibit P - State Court Order, #21 Exhibit Q - State Court Mtn to Reinstate Original Claims, #22 Exhibit R - State Court Order, #23 Exhibit S - State Court MTD Complaint, #24 Exhibit T - State Court Plt's Resp to MTD, #25 Exhibit U - State Court Order, #26 Exhibit V - State Court Plt's Notice of Interlocutory Appeal, #27 Exhibit W - State Court Order, #28 Exhibit X - State Court Mandate from Appeals Court, #29 Exhibit Y - State Court Order, #30 Exhibit Z - State Court Defendant's MXT to Resp to Tort Complaint, #31 Exhibit Civil Cover Sheet)(Johannesen, Rebecca) |
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