Friess v. Thompson et al
| Katherine Friess |
| Bennie G. Thompson, Select Committee to Investigate the January 6th Attack on the United States Capitol and AT & T |
| 1:2022cv00448 |
| February 22, 2022 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Kristen L Mix |
| Charlotte N Sweeney |
| Charlotte N Sweeney |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Injunction |
| Plaintiff |
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 FINAL JUDGMENT: The #44 Recommendation of United States Magistrate Judge Mix is AFFIRMED and ADOPTED and the defendants' #24 Motion to Dismiss is GRANTED. by Clerk on 11/17/22. (jdyne) |
Filing 45
ORDER affirming and adopting #44 Report and Recommendations; granting #24 Defendants' Motion to Dismiss. by Judge Charlotte N. Sweeney on 11/17/22.(jdyne)
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| Filing 44 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Kristen L. Mix on 10/26/2022. IT IS HEREBY RECOMMENDED that the Motion #24 be GRANTED and that Plaintiffs claims be DISMISSED without prejudice for lack of subject matter jurisdiction. See Judicial Watch, Inc., 998 F.3d at 993 (stating that "the Speech or Debate Clause bars Judicial Watch's lawsuit" and remanding "the case to the district court to dismiss thecomplaint without prejudice inasmuch as the dismissal is for want of subject-matter jurisdiction"). (alave, ) |
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Filing 43
ORDER by Magistrate Judge Kristen L. Mix on October 6, 2022. IT IS HEREBY ORDERED that the Motion to Stay #29 is GRANTED.(csarr, )
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| Filing 42 REPLY to Response to #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Defendants Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. (Letter, Douglas) |
| Filing 41 BRIEF in Opposition to #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
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Filing 40
MINUTE ORDER. This matter is before the Court sua sponte on review of the docket. Defendants filed an opposed Motion to Delay Discovery and Postpone Initial Status Conference [#29], which the Court held in abeyance pending briefing, see Minute Order [#32]. That Motion [#29] was filed on July 29, 2022, and despite the Courts Minute Order [#32] noting that the Court was not inclined to adjudicate an opposed motion to stay discovery before that motion has been fully briefed by the parties, Plaintiff has not timely filed a responsive brief. See D.C.COLO.LCivR 7.1(d). However, the Court is inclined to give Plaintiff ONE LAST OPPORTUNITY to respond. Accordingly, IT IS HEREBY ORDERED that the deadline for Plaintiff to file a Response to the Motion [#29] is extended to September 6, 2022. The deadline for Defendants to file a Reply is September 13, 2022. IT IS FURTHER ORDERED that the Scheduling Conference set for August 31, 2022, at 10:30 a.m. is VACATED pending adjudication of the Motion [#29]. by Magistrate Judge Kristen L. Mix on 8/30/2022. Text Only Entry (klmlc2, )
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Filing 39
ORDER granting #37 Motion for Leave. Counsel for Plaintiff shall call the Court at 888-363-4749, Access Code: 2115325#, from a land line at the time of the Scheduling Conference. by Magistrate Judge Kristen L. Mix on 8/26/2022. Text Only Entry(klmlc2, )
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Filing 38
MEMORANDUM regarding #37 MOTION for Leave to Appear by telephone or video conference 35 Minute Order filed by Katherine Friess. Motion #37 is referred to Magistrate Judge Kristen L. Mix, by Judge Charlotte N. Sweeney on 8/25/2022. Text Only Entry (cnssec. )
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| Filing 37 MOTION for Leave to Appear by telephone or video conference 35 Minute Order,,, by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
| Filing 36 Proposed Scheduling Order by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
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Filing 35
MINUTE ORDER. This matter is before the Court sua sponte. Pursuant to the Order Setting Scheduling/Planning Conference [#8] ("Order"), the parties were required to prepare a proposed Scheduling Order on the appropriate form on the Courts website (www.cod.uscourts.gov). The Court also attached the correct Scheduling Order form to be used as Exhibit 2 to the Order [#8]. The parties' proposed Scheduling Order [#34] is not on the correct form, which requires the rescheduling of the conference. The Scheduling Conference set for August 15, 2022 at 10:00 a.m. is thus VACATED and RESET to August 31, 2022 at 10:30 a.m. The proposed Scheduling Order, which shall be filed on the correct form, is due by August 24, 2022. By Magistrate Judge Kristen L. Mix on August 10, 2022. Text Only Entry (klmlc1, )
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| Filing 34 Proposed Scheduling Order by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
| Filing 33 REPLY to Response to #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Defendants Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. (Letter, Douglas) |
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Filing 32
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 08/01/2022. IT IS HEREBY ORDERED that the Defendants' Motion to Delay Discovery and Postpone Initial Status Conference or, in the Alternative, Motion to Appear by Telephone or Video Conference #29 is GRANTED in part and HELD IN ABEYANCE in part. The Motion is granted to the extent that counsel for Defendants shall call the Court at 888-363-4749, Access Code: 2115325#, from a land line at the timeof the Scheduling Conference. The Motion is held in abeyance regarding the request for a stay. This portion of the Motion will be adjudicated after it has been fully briefed.(alave, )
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Filing 31
REASSIGNMENT OF JUDGE. This action is reassigned to Judge Charlotte N. Sweeney upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Sweeney in Courtroom 204 in the Byron Rogers Courthouse. Her chambers are located in C-253 and her telephone number is (303) 335-2610. All future pleadings should be designated as 22-cv-00448-CNS-KLM. (Text only entry) (jtorr, )
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Filing 30
MEMORANDUM regarding #29 MOTION for Leave to Delay Discovery and Postpone Initial Status Conference or, in the Alternative, Motion to Appear by Telephone or Video Conference #28 Order filed by Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 8/1/2022. Text Only Entry (cmasec)
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| Filing 29 MOTION for Leave to Delay Discovery and Postpone Initial Status Conference or, in the Alternative, Motion to Appear by Telephone or Video Conference #28 Order by Defendants Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. (Attachments: #1 Proposed Order (PDF Only))(Letter, Douglas) |
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Filing 28
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kristen L. Mix on 07/26/2022. (alave, )
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| Filing 27 RESPONSE to #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim Opposition to Defendant's Motion to Dismiss filed by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
| Filing 26 MEMORANDUM regarding #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 7/21/2022. Text Only Entry (cmasec) |
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Filing 25
ORDER: Granting Motion to file an Oversized Brief in Response to #1 Plaintiff's Complaint. FURTHER ORDERED that #24 Congressional Defendants' Motion to Dismiss is accepted as filed. FURTHER ORDERED that #21 Defendants' Opposed Motion to Extend Time for Defendants to Respond is DENIED as moot. FURTHER ORDERED that all future case captions shall comply with CMA Civ. Practice Standard 10.1(a) and D.C.COLO.LCivR 1.2. (See http://www.cod.uscourts.gov, "Forms" "Civil Case Caption and Formatting Instructions") or the filing may be summarily stricken by the Court. SO ORDERED by Judge Christine M. Arguello on 7/13/2022. Text Only Entry(cmasec)
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Motion(s) No Longer Referred: #21 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint. SO ORDERED by Judge Christine M. Arguello on 7/13/2022. Text Only Entry. (sphil, )
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| Filing 24 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Defendants Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. (Attachments: #1 Proposed Order (PDF Only))(Letter, Douglas) |
| Filing 23 MOTION for Leave to File Excess Pages by Defendants Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. (Attachments: #1 Proposed Order (PDF Only))(Letter, Douglas) |
| Filing 22 MEMORANDUM regarding #21 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint filed by Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 6/27/2022. Text Only Entry (cmasec) |
| Filing 21 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Defendants Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. Thompson. (Attachments: #1 Proposed Order (PDF Only))(Letter, Douglas) |
| Filing 20 NOTICE of Entry of Appearance by Douglas N. Letter on behalf of Select Committee to Investigate the January 6th Attack on the United States Capitol, Bennie G. ThompsonAttorney Douglas N. Letter added to party Select Committee to Investigate the January 6th Attack on the United States Capitol(pty:dft), Attorney Douglas N. Letter added to party Bennie G. Thompson(pty:dft) (Letter, Douglas) |
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Filing 19
ORDER: Granting #11 Motion to Dismiss Party AT & T. Plaintiff's claims against Defendant AT&T are dismissed without prejudice. The caption on all subsequent filings shall reflect the removal of Defendant AT & T as a Defendant in this case. SO ORDERED by Judge Christine M. Arguello on 6/1/2022. Text Only Entry(cmasec)
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| Filing 18 RESPONSE to #17 Order,,,, Response to Judge's Minute Order by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
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Filing 17
MINUTE ORDER by Magistrate Judge Kristen L. Mix on May 31, 2022. This matter is before the Court sua sponte. On March 7, 2022, the Court set a May 27, 2022 deadline to file a proposed scheduling order and further set the Scheduling Conference to occur on June 3, 2022, at 11:00 a.m. Order #8 . Without explanation, Plaintiff has failed to file a proposed scheduling order and, indeed, does not yet appear to have served Defendants. Plaintiff is warned that it is never appropriate to ignore a Court order. Further violations may result in sanctions. IT IS HEREBY ORDERED that Plaintiff shall file a Status Report no later than June 6, 2022, regarding the status of service on Defendants. IT IS FURTHER ORDERED that the Scheduling Conference set for June 3, 2022, at 11:00 a.m. is VACATED and RESET to August 15, 2022, at 10:00 a.m. in Courtroom A-401 of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. IT IS FURTHER ORDERED that, no later than August 8, 2022, the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures. (csarr, )
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix is designated to conduct NDISPO 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. The Magistrate Judge, at his/her discretion, may 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 Christine M. Arguello on 5/24/2022. Text Only Entry (cmasec)
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| Filing 15 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 5/24/2022. This case is randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 22-cv-00448-CMA. (trvo, ) |
| Filing 14 CASE REASSIGNED pursuant to #13 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 22-cv-00448-LTB. (Text Only Entry) (csarr, ) |
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Filing 13
MINUTE ORDER by Magistrate Judge Kristen L. Mix on May 20, 2022. This matter is before the Court on the parties' Consent/Non-Consent Form #12 , in which the parties inform the Court that at least one party in this civil action does not consent to have a United States Magistrate Judge conduct all proceedings. Accordingly, 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). (csarr, )
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| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Katherine Friess All parties do not consent.. (Mansolillo, Raymond) |
| Filing 11 MOTION to Dismiss Party AT&T a Delaware Corporation by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
| Filing 10 SUMMONS Returned Executed upon defendant(s) Select Committee to Investigate the January 6th Attack on the United States Capitol served on 5/12/2022, answer due 7/11/2022; Bennie G. Thompson served on 5/12/2022, answer due 7/11/2022. (Attachments: #1 Affidavit Affidavit and Proof of Service)(Mansolillo, Raymond) |
| Filing 9 SUMMONS issued by Clerk. (alave, ) |
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Filing 8
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on March 7, 2022. Proposed Scheduling Order due 5/27/2022 Scheduling Conference set for 6/3/2022 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Order (PDF Only)) (csarr, )
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Filing 7
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#3] is May 20, 2022. by Magistrate Judge Kristen L. Mix on 3/7/2022. Text Only Entry (klmlc2, )
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| Filing 6 SUMMONS REQUEST as to Bennie G. Thompson, AT & T by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
| Filing 5 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #4 Summons Request filed by attorney Raymond A. Mansolillo. Summons submitted has incorrect caption and not issued. Please file completed summons for issuance using the event "Summons Request." (Text Only Entry) (alave, ) |
| Filing 4 SUMMONS REQUEST as to Bennie G. Thompson, AT & T by Plaintiff Katherine Friess. (Mansolillo, Raymond) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (jtorr, ) |
| Filing 2 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, ) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 402,Receipt Number ACODC-8329895)Attorney Raymond A. Mansolillo added to party Katherine e Friess(pty:pla), filed by Katherine e Friess. (Attachments: #1 Exhibit Exhibit A-Subpoena, #2 Exhibit Exhibit B-Affidavit of Katherine Friess)(Mansolillo, Raymond) |
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