Hadam v. City of Colorado Springs et al
| Tara Hadam |
| City of Colorado Springs, Christopher Pryor, Dale Peterson, Blake Evenson, David Brockman and Jason Reeser |
| 1:2022cv01349 |
| May 31, 2022 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Maritza Dominguez Braswell |
| William J Martinez |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 49 STIPULATION of Dismissal of Party Christopher Pryor, Dale Peterson, Blake Evenson, and Jason Reeser by Plaintiff Tara Hadam. (Frank, Adam) |
Filing 48
ORDER granting #46 Joint Motion to Stay Case and All Associated Deadlines. For good cause shown, discovery in this matter is STAYED. On or before October 13, 2022, the parties shall file appropriate dismissal documents and/or a joint status report advising the Court as to the status of this matter. By Magistrate Judge Maritza Dominguez Braswell on 09/13/22. Text Only Entry(mdblc2)
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| Filing 47 MEMORANDUM regarding #46 Joint MOTION to Stay Case and all Associated Deadlines filed by Jason Reeser, Dale Peterson, City of Colorado Springs, Blake Evenson. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 9/9/2022. Text Only Entry (wjmsec, ) |
| Filing 46 Joint MOTION to Stay Case and all Associated Deadlines by Defendants City of Colorado Springs, Blake Evenson, Dale Peterson, Jason Reeser. (Stewart, Brian) |
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Filing 43
ORDER: This matter is before the Court on #30 Defendants Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) ("Motion"). Because Plaintiff has now filed #41 the Second Amended Complaint, the Motion is now moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("[I]t is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants' dispositive motions are "technically moot because they are directed at a pleading that is no longer operative"). Accordingly, the Motion is DENIED WITHOUT PREJUDICE to refiling a motion directed at the operative pleading, if such a motion is warranted under the facts and applicable law. SO ORDERED by Judge William J. Martinez on 8/31/2022. Text Only Entry(wjmlc1, )
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Filing 45
SCHEDULING ORDER pursuant to #44 : Discovery due by 2/23/2023. Dispositive Motions due by 3/2/2023. Proposed Final Pretrial Order due by 4/4/2023. Telephonic Final Pretrial Conference set for 5/1/2023 09:15 AM before Magistrate Judge Maritza Dominguez Braswell. At the appointed time, each participant should call 571-353-2301, and then enter ID # 617286044. The court expects parties to utilize land line telephones rather than cellular devices whenever possible. If a party must utilize a cellular telephone, the caller must be in an indoor stationary position. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/30/2022. (evaug )
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| Filing 44 COURTROOM MINUTES for Scheduling Conference held on 8/30/2022 before Magistrate Judge Maritza Dominguez Braswell: The Court notes that it has reviewed the Proposed Scheduling Order #33 and notes the parties disagreements on the deadline for amendment of pleadings and Plaintiffs objection to Defendants request to seek Reutter conferences with medical providers as described in 8(e)(3). The Court adopts the scheduling order as modified on the record and with regard to the latter disagreement, the Parties shall submit informal briefs on this issue in accordance with Judge Dominguez Braswells Practice Standards. Defendant Pryor shall file an opening brief on or before 9/13/2022 and Plaintiff shall file a response on or before 9/27/2022. Replies will not be accepted. Scheduling Order #45 shall enter as modified on the record. FTR: Courtroom 101. (evaug ) |
| Filing 42 NOTICE of Filing Amended Pleading re #41 Amended Complaint and Jury Demand - Second by Plaintiff Tara Hadam (Attachments: #1 Exhibit Strikethrough and underline version of SAC)(Frank, Adam) |
| Filing 41 SECOND AMENDED COMPLAINT and Jury Demand against City of Colorado Springs, Blake Evenson, Dale Peterson, Christopher Pryor, Jason Reeser, filed by Tara Hadam.(Frank, Adam) Modified on 8/31/2022 to correct text (trvo, ). |
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Filing 40
PROTECTIVE ORDER by Magistrate Judge Maritza Dominguez Braswell on 8/26/2022. (evaug )
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Filing 39
ORDER granting #37 Motion for Protective Order. Court adopts the parties stipulated protective order [37-1]. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/26/2022. Text Only Entry(evaug)
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Filing 38
MEMORANDUM regarding #37 Joint MOTION for Protective Order filed by Tara Hadam. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 8/26/2022. Text Only Entry (wjmsec, )
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| Filing 37 Joint MOTION for Protective Order by Plaintiff Tara Hadam. (Attachments: #1 Proposed Document Proposed protective order)(Frank, Adam) |
| Filing 36 SUPPLEMENT/AMENDMENT to #33 Proposed Scheduling Order by Defendants City of Colorado Springs, Blake Evenson, Dale Peterson, Jason Reeser. (Stewart, Brian) |
| Filing 35 ANSWER to #23 Amended Complaint by Christopher Pryor.(Vaughan, Gordon) |
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Filing 34
MINUTE ORDER: Having reviewed the parties' #33 Proposed Scheduling Order, the Court has determined that a scheduling conference is necessary. Accordingly, a Telephonic Scheduling Conference is SET for August 30, 2022 at 10:30 AM before Magistrate Judge Maritza Dominguez Braswell. At the appointed time, each participant should call 571-353-2301, and then enter ID # 617286044. The court expects parties to utilize land line telephones rather than cellular devices whenever possible. If a party must utilize a cellular telephone, the caller must be in an indoor stationary position. By Magistrate Judge Maritza Dominguez Braswell on 08/16/22. Text Only Entry (mdblc2)
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| Filing 33 Proposed Scheduling Order With Disputed Issues by Plaintiff Tara Hadam. (Frank, Adam) |
| Filing 32 Conventionally Submitted Material: 1 USB Drive - Exhibit A to #30 Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendants City of Colorado Springs, Blake Evenson, Dale Peterson, Jason Reeser. Material placed in the Clerk's Office oversized area A-1-2. Text Only Entry. (trvo, ) |
| Filing 31 ANSWER to #23 Amended Complaint by Blake Evenson, Dale Peterson, Jason Reeser.(Stewart, Brian) |
| Filing 30 Partial MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendants City of Colorado Springs, Blake Evenson, Dale Peterson, Jason Reeser. (Attachments: #1 Exhibit A- Conventionally Submitted Exhibit- KKTV News 11 Video, #2 Exhibit B- Transcript from Motions Hearing)(Stewart, Brian) |
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Filing 29
MINUTE ORDER granting #27 Motion for Extension of Time to File Responsive Pleading. Defendant Christopher Pryor shall have until August 16, 2022 within which to file a responsive pleading as to the #23 Amended Complaint. By Magistrate Judge Maritza Dominguez Braswell on 08/04/22. Text Only Entry(mdblc2)
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| Filing 28 MEMORANDUM regarding #27 Unopposed MOTION for Extension of Time to File Responsive Pleading filed by Christopher Pryor. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 8/4/2022. Text Only Entry (wjmlc1, ) |
| Filing 27 Unopposed MOTION for Extension of Time to File Responsive Pleading by Defendant Christopher Pryor. (Vaughan, Gordon) |
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Filing 26
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due on or before 8/16/2022. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 7/26/2022. (evaug)
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Filing 25
MINUTE ORDER: The August 23, 2022 Scheduling Conference and associated case deadlines are VACATED and will be reset by separate order. By Magistrate Judge Maritza Dominguez Braswell on 07/26/22. Text Only Entry (mdblc2)
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| Filing 24 NOTICE of Filing Amended Pleading re #23 Amended Complaint and Jury Demand by Plaintiff Tara Hadam (Attachments: #1 Exhibit Strikethrough and underline version of amended complaint)(Frank, Adam) |
| Filing 23 AMENDED COMPLAINT and Jury Demand against City of Colorado Springs, Blake Evenson, Dale Peterson, Christopher Pryor, Jason Reeser, filed by Tara Hadam.(Frank, Adam) |
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Filing 22
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Maritza Dominguez Braswell, upon her appointment. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (such as 22-cv-01349-WJM-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell in Suite 100. Her chambers are located at 212 North Wasatch Avenue, Suite 100, Colorado Springs, CO 80903. Her telephone number is 719-575-0328.(Text Only Entry) (cmadr, )
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Filing 21
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on June 28, 2022. Proposed Scheduling Order due 8/16/2022 Scheduling Conference set for 8/23/2022 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), #3 Magistrate Judge Consent Form) (csarr, )
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Filing 20
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 6/ 27/2022. Text Only Entry (wjmsec, )
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned this case, 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. 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 6/27/2022. Text Only Entry (wjmsec, )
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| Filing 18 NOTICE of Entry of Appearance by Cameron Bedard on behalf of Tara HadamAttorney Cameron Bedard added to party Tara Hadam(pty:pla) (Bedard, Cameron) |
| Filing 17 CASE REASSIGNED pursuant to #16 Minute Order. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 22-cv-01349-WJM. (Text Only Entry) (csarr, ) |
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Filing 16
MINUTE ORDER by Magistrate Judge Kristen L. Mix on June 23, 2022. This matter is before the Court on the parties' Consent/Non-Consent Form #15 , 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 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Tara Hadam All parties do not consent.. (Frank, Adam) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Tara Hadam. Christopher Pryor waiver sent on 5/31/2022, answer due 7/30/2022. (Frank, Adam) |
| Filing 13 NOTICE of Entry of Appearance by Brian Matthew Stewart on behalf of David Brockman, City of Colorado Springs, Blake Evenson, Dale Peterson, Jason ReeserAttorney Brian Matthew Stewart added to party David Brockman(pty:dft), Attorney Brian Matthew Stewart added to party City of Colorado Springs(pty:dft), Attorney Brian Matthew Stewart added to party Blake Evenson(pty:dft), Attorney Brian Matthew Stewart added to party Dale Peterson(pty:dft), Attorney Brian Matthew Stewart added to party Jason Reeser(pty:dft) (Stewart, Brian) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Tara Hadam. David Brockman waiver sent on 5/31/2022, answer due 7/30/2022; City of Colorado Springs waiver sent on 5/31/2022, answer due 7/30/2022; Blake Evenson waiver sent on 5/31/2022, answer due 7/30/2022; Dale Peterson waiver sent on 5/31/2022, answer due 7/30/2022; Jason Reeser waiver sent on 5/31/2022, answer due 7/30/2022. (Frank, Adam) |
| Filing 11 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, ) |
| Filing 10 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 6/14/2022. This case is randomly reassigned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 22-cv-01349-KLM. (trvo, ) |
| Filing 9 Utility Resetting Deadlines/Hearings: Due to the case being incorrectly assigned initially, the deadlines and hearings as set forth in Judge Varholak's Order (ECF No #6 ) have been terminated. Text Only Text Only Entry (norlin, ) Modified on 6/14/2022 to correct docket text (norlin, ). |
| Filing 8 CASE REASSIGNED. This case was originally assigned incorrectly and has therefore been randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-01349-LTB. (Text only entry.) (norlin, ) |
| Filing 7 NOTICE of Entry of Appearance by Gordon Lamar Vaughan on behalf of Christopher PryorAttorney Gordon Lamar Vaughan added to party Christopher Pryor(pty:dft) (Vaughan, Gordon) |
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Filing 6
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 2 June 2022. Proposed Scheduling Order due 8/2/2022. Scheduling Conference set for 8/9/2022 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 5 SUMMONS issued by Clerk. (norlin, ) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak 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 5/31/2022. Text Only Entry (cmasec)
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Magistrate Judge Consent Form) (norlin, ) |
| Filing 2 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT and Jury Demand against David Brockman, City of Colorado Springs, Blake Evenson, Dale Peterson, Christopher Pryor, Jason Reeser (Filing fee $ 402,Receipt Number ACODC-8481532)Attorney Adam Frank added to party Tara Hadam(pty:pla), filed by Tara Hadam. (Attachments: #1 Civil Cover Sheet, #2 Summons City of Colorado Springs, #3 Summons Evenson, #4 Summons Pryor, #5 Summons Peterson, #6 Summons Brockman, #7 Summons Reeser)(Frank, Adam) |
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