Rivers v. State of Colorado et al
| Bernard Kenneth Rivers, Jr. |
| State of Colorado, Rachael Erickson, Rachael (I) Erickson, Marci Hoffman, Marci (I) Hoffman, Philip Weiser, Philip (I) Weiser, Elizabeth Phillips, Elizabeth (I) Phillips, Matthew Hegarty, Matthew (I) Hagerty, David Belshiem, David (I) Belsheim, Gilber M. Roman and Gilbert (I) M. Roman |
| 1:2022cv02922 |
| November 9, 2022 |
| U.S. District Court for the District of Colorado |
| Michael E Hegarty |
| William J Martinez |
| Scott T Varholak |
| Civil Rights: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2025. A more recent docket listing may be available from PACER.
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| Filing 39 REPLY to Defendants Matthew Hegarty and David Belsheim Second Response, by Plaintiff Bernard Kenneth Rivers, Jr. (angar, ) |
| Filing 38 Reply to Defendants Matthew Hegarty and David Belsheim Response to Motion for Relief, filed by Plaintiff Bernard Kenneth Rivers, Jr. (angar, ) |
| Filing 37 CERTIFICATE of Service by mail by Clerk of Court re 36 Minute Order, to Bernard Kenneth Rivers, Jr 4355 24th Street Road Unit 2903 Greeley, CO 80634. Text Only Entry (cmadr, ) |
Filing 36
MINUTE ORDER: This matter is before the Court on Plaintiff's #27 Second Motion for Default Judgment (the "Motion"). Defendant shall respond not later than 1/24/2023, after which Plaintiff may reply not later than 2/7/2023. The Motion is set for a hearing on 2/9/2023 at 1:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/3/23. Text Only Entry (stvlc3, Andrew)
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| Filing 35 Third MOTION for Relief by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) |
| Filing 34 MEMORANDUM regarding #27 MOTION for Default Judgment as to filed by Bernard Kenneth Rivers, Jr.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 12/28/2022. Text Only Entry (wjmsec, ) |
| Filing 33 MOTION to Challenge Jurisdiction by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) |
| Filing 32 RESPONSE to #19 MOTION for Order to Defendants Hagerty's & Belsheim's Response to Plaintiff's 2nd Motion for Relief filed by Defendants David (I) Belsheim, David Belshiem, Matthew (I) Hagerty, Matthew Hegarty. (Palmeri, John) |
| Filing 31 RESPONSE to #17 MOTION for Order to Defendants Hagerty & Belsheim's Response to Plaintiff's Motion for Relief Pursuant to 60(b)(3) & (4) filed by Defendants David (I) Belsheim, David Belshiem, Matthew (I) Hagerty, Matthew Hegarty. (Palmeri, John) |
| Filing 30 OBJECTIONS to 25 Order on Motion by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) |
| Filing 29 MOTION to Object to 22 December 14, 2022 Order by Plaintiff Bernard Kenneth Rivers, Jr. (trvo, ) |
| Filing 28 FORTHWITH THIRD MOTION to Relief by Plaintiff Bernard Kenneth Rivers, Jr. (trvo, ) |
| Filing 27 FORTHWITH SECOND MOTION for Default Judgment by Plaintiff Bernard Kenneth Rivers, Jr. (trvo, ) |
| Filing 26 CERTIFICATE of Service by Mail by Clerk of Court re 25 Order to Bernard Kenneth Rivers, Jr. at 4355 24th Street Road Unit 2903 Greeley, CO 80634. Text Only Entry. (trvo, ) |
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Filing 25
ORDER denying Plaintiff's Forthwith Motion for Continuance 50 . Given that the Plaintiff's Motion does not specify what document he is requesting an extension for filing a Reply to, the Defendant's motion is denied for lack of good cause shown. SO ORDERED by Judge William J. Martinez on 12/20/2022. Text Only Entry(wjmsec, )
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| Filing 24 FORTHWITH MOTION for Continuance by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) |
| Filing 23 CERTIFICATE of Service by mail by Clerk of Court re 22 Order to Bernard Kenneth Rivers, Jr 4355 24th Street Road Unit 2903 Greeley, CO 80634. Text Only Entry (cmadr, ) |
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Filing 22
ORDER Pursuant to Rule 55, "[e]ntry of a default judgment involves a two-step process." Meyers v. Pfizer, Inc., 581 F. App'x 708, 710 (10th Cir. 2014) (citing Fed. R. Civ. P. 55(a)(b)). If the defendant fails to timely respond to the complaint, the plaintiff can request entry of a default by the court clerk pursuant to Rule 55(a). Id. If the clerk enters a default, the plaintiff can then ask the court to grant a default judgment. Id. Here, Plaintiff has not yet completed step one of this process, i.e., Plaintiff has not obtained an entry of default from the Clerk of Court pursuant to Rule 55(a). Accordingly, the Court STRIKES #20 Motion for Default Judgment. The Clerk of Court is DIRECTED to mail a copy of this Order to pro se Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/14/22. Text Only Entry(stvlc3, Andrew)
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| Filing 21 MEMORANDUM regarding #20 MOTION for Default Judgment as to filed by Bernard Kenneth Rivers, Jr.. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 12/14/2022. Text Only Entry (wjmsec, ) |
| Filing 20 STRICKEN MOTION for Default Judgment by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) Modified on 12/15/2022 to strike pursuant to 22 Order (trvo, ). |
| Filing 19 SECOND MOTION for Relief by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) |
| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Bernard Kenneth Rivers, Jr. Only Plaintiff does not consent. (cmadr, ) |
| Filing 17 MOTION for Relief by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) |
| Filing 16 OBJECTIONS to #8 Order of Recusal, by Plaintiff Bernard Kenneth Rivers, Jr. (cmadr, ) |
| Filing 15 SUMMONSES Returned Executed David (I) Belsheim served on 11/9/2022, answer due 11/30/2022; David Belshiem served on 11/9/2022, answer due 11/30/2022; Rachael Erickson served on 11/9/2022, answer due 11/30/2022; Rachael (I) Erickson served on 11/9/2022, answer due 11/30/2022; Matthew (I) Hagerty served on 11/9/2022, answer due 11/30/2022; Matthew Hegarty served on 11/9/2022, answer due 11/30/2022; Marci Hoffman served on 11/9/2022, answer due 11/30/2022; Marci (I) Hoffman served on 11/9/2022, answer due 11/30/2022; Elizabeth Phillips served on 11/9/2022, answer due 11/30/2022; Elizabeth (I) Phillips served on 11/9/2022, answer due 11/30/2022; Gilber M. Roman served on 11/9/2022, answer due 11/30/2022; Gilbert (I) M. Roman served on 11/9/2022, answer due 11/30/2022; State of Colorado served on 11/9/2022, answer due 11/30/2022; Philip Weiser served on 11/9/2022, answer due 11/30/2022; Philip (I) Weiser served on 11/9/2022, answer due 11/30/2022. (cmadr, ) |
| Filing 14 CERTIFICATE of Service by Mail by Clerk of Court re 11 Order, 12 Memorandum, 10 Order Referring Case to Magistrate Judge to Bernard Kenneth Rivers, Jr. at 4355 24th Street Road Unit 2903 Greeley, CO 80634. Text Only Entry. (trvo, ) |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 2 December 2022. Proposed Scheduling Order due 1/26/2023. Scheduling Conference set for 2/2/2023 09:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 12 MEMORANDUM regarding #7 MOTION to Dismiss filed by Philip Weiser, Elizabeth Phillips, Marci Hoffman, Rachael Erickson, State of Colorado, #6 MOTION to Dismiss for Failure to State a Claim Defendant Matthew Hegarty and David Belsheim's Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim for Relief filed by David Belshiem, Matthew (I) Hagerty, David (I) Belsheim, Matthew Hegarty. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 12/2/2022. Text Only Entry (wjmsec, ) |
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Filing 11
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. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 12/2/2022. Text Only Entry (wjmsec, )
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Filing 10
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 12/2/2022. Text Only Entry (wjmsec, )
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| Filing 9 CASE REASSIGNED. pursuant to #8 Order of Recusal. 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 22-cv-02922-WJM. (Text Only Entry) (cmadr, ) |
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Filing 8
ORDER OF RECUSAL by Magistrate Judge Michael E. Hegarty on 1 December 2022. Given that Plaintiff names as a Defendant an immediate family member, I find good cause to recuse myself from service in this matter. I direct the Clerk of the Court to cause this matter to be reassigned by random draw to another judge. (cmadr, )
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| Filing 7 MOTION to Dismiss by Defendants Rachael Erickson, Marci Hoffman, Elizabeth Phillips, State of Colorado, Philip Weiser. (Katarikawe, Andrew) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim Defendant Matthew Hegarty and David Belsheim's Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim for Relief by Defendants David (I) Belsheim, David Belshiem, Matthew (I) Hagerty, Matthew Hegarty. (Palmeri, John) |
| Filing 5 NOTICE of Entry of Appearance by William Gardiner Dewey on behalf of David (I) Belsheim, David Belshiem, Matthew (I) Hagerty, Matthew HegartyAttorney William Gardiner Dewey added to party David (I) Belsheim(pty:dft), Attorney William Gardiner Dewey added to party David Belshiem(pty:dft), Attorney William Gardiner Dewey added to party Matthew (I) Hagerty(pty:dft), Attorney William Gardiner Dewey added to party Matthew Hegarty(pty:dft) (Dewey, William) |
| Filing 4 NOTICE of Entry of Appearance by John M. Palmeri on behalf of David (I) Belsheim, David Belshiem, Matthew (I) Hagerty, Matthew HegartyAttorney John M. Palmeri added to party David (I) Belsheim(pty:dft), Attorney John M. Palmeri added to party David Belshiem(pty:dft), Attorney John M. Palmeri added to party Matthew (I) Hagerty(pty:dft), Attorney John M. Palmeri added to party Matthew Hegarty(pty:dft) (Palmeri, John) |
| Filing 3 SUMMONS issued over the counter by Clerk. (Attachments: #1 Magistrate Judge Consent Form) Issued over the Counter(norlin, ) |
| Filing 2 Case assigned to Magistrate Judge Michael E. Hegarty.Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT against David (I) Belsheim, David Belshiem, Rachael Erickson, Rachael (I) Erickson, Matthew (I) Hagerty, Matthew Hegarty, Marci Hoffman, Marci (I) Hoffman, Elizabeth Phillips, Elizabeth (I) Phillips, Gilbert M. Roman, Gilbert (I) M. Roman, State of Colorado, Philip Weiser, Philip (I) Weiser Filing Fee: $402.00Receipt Number:COX105061, filed by Bernard Kenneth Rivers, Jr. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(norlin, ) |
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