Saxena v. Hall
| Grant Mitchell Saxena |
| Mary Louise Hall and Danielle Kay Kunze |
| 1:2022cv03060 |
| November 28, 2022 |
| U.S. District Court for the District of Colorado |
| Kristen L Mix |
| Charlotte N Sweeney |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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Filing 44
ORDER overruling #41 OBJECTION/Appeal of Magistrate Judge Decision to District Court re #39 Order. Before the Court is the Plaintiff's Objection to the United States Magistrate Judge's Decision (ECF No. #41 ) regarding the Magistrate Judge's Order denying Plaintiff's Motion to Correct, granting Defendant's Motion for Extension, accepting Defendant's Answer as timely filed, and denying Plaintiff's Motion to Strike (ECF No. #39 ). In his Objection, Plaintiff "objects to each part" of the Order (ECF No. #41 at 1). Plaintiff's Objection is OVERRULLED. Plaintiff's objections are insufficient to demonstrate that the Magistrate Judge's ruling on the motions addressed in her Order was erroneous, and after reviewing the case file, the Court discerns no such error in the Magistrate Judge's Order. See Fed. R. Civ. P. 72(b)(3); see also United States v. 2121 East 30th St., 73 F.3d 1057, 105960 (10th Cir. 1996). Accordingly, the Court OVERRULES Plaintiff's Objection, and AFFIRMS the Magistrate Judge's Order (ECF No. #39 ). By Judge Charlotte N. Sweeney on 4/14/2023. Text Only Entry(cnssec. )
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| Filing 43 MEMORANDUM regarding #42 Counter MOTION for More Definite Statement or to Strike Defendant Hall's Answer to Amended Complaint. Motions #42 is referred to Magistrate Judge Kristen L. Mix, by Judge Charlotte N. Sweeney on 4/11/2023. Text Only Entry (cnssec. ) |
| Filing 42 Counter MOTION for More Definite Statement or to Strike Defendant Hall's Answer to Amended Complaint by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 41 OBJECTION/Appeal of Magistrate Judge Decision to District Court re #39 Order on Motion for Order,, Order on Motion for Extension of Time to Answer or Otherwise Respond,, Order on Motion to Strike, for Errors of Law, Fact, and Discretion by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
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Filing 40
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 03/28/2023. IT IS HEREBY ORDERED that the Counter Motion to Strike Defendant Kunze's Consent to Magistrate Jurisdiction #34 is DENIED.(alave, )
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Filing 39
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 03/28/2023. IT IS HEREBY ORDERED that the Motion to Correct #29 is DENIED. IT IS FURTHER ORDERED that the Motion for Extension #30 is GRANTED. Defendant Hall's Answer #36 is accepted as timely filed. IT IS FURTHER ORDERED that the Motion to Strike #32 , including the requestfor a hearing, is DENIED.(alave, )
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| Filing 38 Clerk's ENTRY OF DEFAULT as to Danielle Kay Kunze re #37 First MOTION for Entry of Default as to Defendant Kunze's Failure To Answer Amended Complaint, by Clerk. Text Only Entry (sphil, ) |
| Filing 37 First MOTION for Entry of Default as to Defendant Kunze's Failure To Answer Amended Complaint by Plaintiff Grant Mitchell Saxena. (Attachments: #1 Affidavit in Support of Motion, #2 Proposed Document Entry of Default, #3 Exhibit Personal Service of Summons on Kunze, #4 Exhibit Kunze SCRA)(Saxena, Grant) |
| Filing 36 ANSWER to #19 Amended Complaint by Mary Louise Hall.(Higdon, Leonard) |
| Filing 35 MEMORANDUM regarding #34 Counter MOTION to Strike #23 Consent to Jurisdiction of Magistrate Judge for Defendant Kunze's Failure to Confer. Motion #34 is referred to Magistrate Judge Kristen L. Mix, by Judge Charlotte N. Sweeney on 3/14/2023. Text Only Entry (cnssec. ) |
| Filing 34 Counter MOTION to Strike #23 Consent to Jurisdiction of Magistrate Judge for Defendant Kunze's Failure to Confer by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 33 MEMORANDUM regarding #32 Counter MOTION to Strike #30 MOTION for Extension of Time to File Answer or Otherwise Respond Due to Defendant Hall's Failure to Confer, File Answer, or Request Time Extension Within Deadline. Motion #32 is referred to Magistrate Judge Kristen L. Mix, by Judge Charlotte N. Sweeney on 3/14/2023. Text Only Entry (cnssec. ) |
| Filing 32 Counter MOTION to Strike #30 MOTION for Extension of Time to File Answer or Otherwise Respond Due to Defendant Hall's Failure to Confer, File Answer, or Request Time Extension Within Deadline by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
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Filing 31
MEMORANDUM regarding #29 First Motion for Order to Correct Clerical Error and Enter Default filed by Grant Mitchell Saxena and #30 Motion for Extension of Time to File Answer or Otherwise Respond filed by Mary Louise Hall. Motions #29 and #30 are referred to Magistrate Judge Kristen L. Mix, by Judge Charlotte N. Sweeney on 3/1/2023. Text Only Entry (cnssec.)
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| Filing 30 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Mary Louise Hall. (Higdon, Leonard) |
| Filing 29 First MOTION for Order to Correct Clerical Error and Enter Default by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 28 OBJECTIONS to 27 Clerk's Note Regarding Default, Clerk Will Not Enter Default Against Defendant for Failing to Answer Amended Complaint by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 27 CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Mary Louise Hall re #25 Second MOTION for Entry of Default as to Defendant's Failure To Answer Amended Complaint as: a responsive pleading has been filed, by Clerk. Text Only Entry (sphil, ) |
| Filing 26 SUPPLEMENT/AMENDMENT to #25 Second MOTION for Entry of Default as to Defendant's Failure To Answer Amended Complaint Hall's SCRA Verification Letter by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 25 Second MOTION for Entry of Default as to Defendant's Failure To Answer Amended Complaint by Plaintiff Grant Mitchell Saxena. (Attachments: #1 Affidavit in Support of Second Motion for Entry of Default, #2 Proposed Document for Second Entry of Default, #3 Receipt Certificate of Service)(Saxena, Grant) |
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Filing 24
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 02/27/2023. IT IS HEREBY ORDERED that the Defendant's Motion to Dismiss Plaintiff's Complaint, or in the Alternative for a More Definite Statement #17 is DENIED as moot.(alave, )
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| Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Defendant Danielle Kay Kunze (sphil, ) |
| Filing 22 DEMAND for Trial by Jury by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 21 SUMMONS issued by Clerk as to Danielle Kay Kunze. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
| ***Pursuant to #19 Amended Complaint Defendant Danielle Kay Kunze added. (sphil, ) |
| Filing 20 SUMMONS REQUEST as to Danielle Kay Kunze by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 19 AMENDED COMPLAINT To Recover Damages Caused By an Act of Domestic Violence against Mary Louise Hall, filed by Grant Mitchell Saxena. (Attachments: #1 Summons Defendant Hall)(Saxena, Grant) |
| Filing 18 MEMORANDUM regarding #17 MOTION to Dismiss for Failure to State a Claim. Motion #17 is referred to Magistrate Judge Kristen L. Mix, by Judge Charlotte N. Sweeney on 1/25/2023. Text Only Entry (cnssec.) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim by Defendant Mary Louise Hall. (Attachments: #1 Exhibit Exhibit A (ROA), #2 Exhibit Exhibit B (Letter))(Higdon, Leonard) |
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Filing 16
Minute ORDER by Magistrate Judge Kristen L. Mix on 24 January 2023. IT IS HEREBY ORDERED that the Defendant's Motion for Enlargement of Time to File Answer or Other Responsive Pleading or Motion #7 is GRANTED. The deadline for Defendant to answer or otherwise respond to the Complaint #1 is extended to January 24, 2023.(cmadr, )
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| Filing 15 NOTICE of Hearing Requested for Objection to Defendant's Motion for Enlargement of Time by Plaintiff Grant Mitchell Saxena (Saxena, Grant) |
| Filing 14 REPLY to Response to #7 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint for Mary L. Hall's Defamation filed by Plaintiff Grant Mitchell Saxena. (Saxena, Grant) |
| Filing 13 REPLY to Response to #7 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint filed by Defendant Mary Louise Hall. (Higdon, Leonard) |
| Filing 12 CLERK'S NOTE REGARDING DEFAULT re #11 First Motion for Entry of Default as to Respondent's Failure To Defend. Default will not be entered as to Mary Louise Hall as: a motion for extension of time to answer or to file a responsive pleading is pending. Text Only Entry. (jtorr, ) |
| Filing 11 First MOTION for Entry of Default as to Respondent's Failure To Defend by Plaintiff Grant Mitchell Saxena. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit Respondent Hall's SCRA Letter, #3 Proposed Document Clerk's Entry of Default, #4 Affidavit of Process Service)(Saxena, Grant) |
| Filing 10 SUPPLEMENT/AMENDMENT to #9 Response to Motion, Respondent's Extension of Time to File Answer or Otherwise Respond by Plaintiff Grant Mitchell Saxena. (Attachments: #1 Exhibit 1 - Invalid Respondent Conference, #2 Exhibit 2 - Criminal Case GO #22-553735 for Respondent with Civil Conspirators, #3 Exhibit 3 - Denver Sheriff Affidavit of Respondent's Rejection of Service, #4 Receipt of Private Investigator Process Service Fee)(Saxena, Grant) |
| Filing 9 RESPONSE to #7 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint against Hall's Defamation filed by Plaintiff Grant Mitchell Saxena. (Attachments: #1 Exhibit Respondent Email, #2 Exhibit Plaintiff Reply, #3 Receipt Receipt for Process Service)(Saxena, Grant) |
| Filing 8 MEMORANDUM regarding #7 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint. Motion #7 is referred to Magistrate Judge Kristen L. Mix, by Judge Charlotte N. Sweeney on 12/22/2022. Text Only Entry (cnssec. ) |
| Filing 7 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint by Defendant Mary Louise Hall. (Higdon, Leonard) |
| Filing 6 Utility Setting/Resetting Deadlines/Hearings: pursuant to #5 AFFIDAVIT/RETURN of Service, Mary Louise Hall answer due 12/27/2022. Text Only Entry (sphil, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Summons & Complaint upon Mary Louise Hall on 12/3/2022, filed by Plaintiff Grant Mitchell Saxena. (sphil, ) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix for all motions. 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. by Judge Charlotte N. Sweeney on 11/28/22. Text Only Entry (jdyne)
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| Filing 3 SUMMONS issued by Clerk. Issued Summons and Magistrate Consent Form Mailed to Pro Se Plaintiff via USPS. (Attachments: #1 Magistrate Judge Consent Form) (norlin, ) |
| Filing 2 Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT against Mary Louise Hall Filing Fee: $402.00 Receipt Number:COX105207, filed by Grant Mitchell Saxena. (Attachments: #1 Civil Cover Sheet)(norlin, ) |
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