Allen v. Marcotte et al
| Shawn Allen |
| Jason Marcotte, Danyelle Marts, Lindsay Strong and Christina Kaven |
| 1:2023cv00699 |
| March 17, 2023 |
| US District Court for the District of Colorado |
| Susan Prose |
| Regina M Rodriguez |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12181 American With Disabilities Act (ADA) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 MEMORANDUM regarding #33 Unopposed MOTION to Reset Scheduling Conference filed by Jason Marcotte, Danyelle Marts, Lindsay Strong, Christina Kaven. Motion referred to Magistrate Judge Susan Prose, by Judge Regina M. Rodriguez on 5/12/2023. Text Only Entry (rmrja) |
| Filing 33 Unopposed MOTION to Reset Scheduling Conference by Defendants Christina Kaven, Jason Marcotte, Danyelle Marts, Lindsay Strong. (Getsie, Lauren) |
| Filing 31 NOTICE of Entry of Appearance by Lauren Michelle Getsie on behalf of All Defendants Attorney Lauren Michelle Getsie added to party Christina Kaven(pty:dft), Attorney Lauren Michelle Getsie added to party Jason Marcotte(pty:dft), Attorney Lauren Michelle Getsie added to party Danyelle Marts(pty:dft), Attorney Lauren Michelle Getsie added to party Lindsay Strong(pty:dft) (Getsie, Lauren) |
| Filing 30 NOTICE of Entry of Appearance by Paul E. Collins on behalf of All Defendants Attorney Paul E. Collins added to party Christina Kaven(pty:dft), Attorney Paul E. Collins added to party Jason Marcotte(pty:dft), Attorney Paul E. Collins added to party Danyelle Marts(pty:dft), Attorney Paul E. Collins added to party Lindsay Strong(pty:dft) (Collins, Paul) |
| Filing 29 CERTIFICATE of Service by E-mail by Clerk of Court re #28 Order on Motion to Withdraw as Attorney, to 1donovandoss@gmail.com. Text Only Entry. (alave, ) |
Filing 28
ORDER ON MOTIONS TO WITHDRAW AS COUNSEL FOR PLAINTIFF (ECF Nos. 22, 26) by Magistrate Judge Susan Prose on 05/08/2023. The Court GRANTS the second motion to withdraw #26 and DENIES the first motion to withdraw #22 as moot. Mr. Buck is no longer counsel for Plaintiff in this matter and shall be removed from the distribution list for this case. The Court again directs the Clerk of Court to select, notify and appoint counsel to represent Plaintiff. The Court also reminds Plaintiff that he must file a notice of change of address with the Court within five days of changes in his residence. In addition to mailing a copy of this order to Plaintiff at the address on file, the Clerk's Office shall email a courtesy copy to Plaintiff at the email address stated in Mr. Buck's second motion: 1donovandoss@gmail.com.(alave, )
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| Filing 32 Plaintiff's RESPONSE to #26 MOTION to Withdraw as Attorney with Notice of Address Change, filed by Plaintiff Shawn Allen. (angar, ) |
| Filing 27 MEMORANDUM regarding #26 MOTION to Withdraw as Attorney filed by Shawn Allen. Motion referred to Magistrate Judge Susan Prose, by Judge Regina M. Rodriguez on 5/4/2023. Text Only Entry (rmrja) |
| Filing 26 MOTION to Withdraw as Attorney by Plaintiff Shawn Allen. (Buck, Matthew) |
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Filing 25
MINUTE ORDER by Magistrate Judge Susan Prose on May 4, 2023. Regarding the motion (ECF No. 22) to Withdraw as Attorney filed by Matthew Buck as counsel for Plaintiff Shawn Allen, counsel shall file a certificate of service of the motion to the client by May 5, 2023. See D.C.COLO.LAttyR 15(j), 5(b). Text Only Entry (splc1)
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| Filing 24 MEMORANDUM regarding #22 MOTION to Withdraw as Attorney filed by Shawn Allen. Motion referred to Magistrate Judge Susan Prose, by Judge Regina M. Rodriguez on 5/2/2023. Text Only Entry (rmrja) |
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Filing 23
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the end of the civil action number as such: 23-cv-00699-RMR-SP. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers is located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (trvo, )
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| Filing 22 MOTION to Withdraw as Attorney by Plaintiff Shawn Allen. (Buck, Matthew) |
| Filing 21 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #20 Notice of Entry of Appearance filed by attorney Matthew William Buck. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (angar, ) |
| Filing 20 NOTICE of Entry of Appearance by Matthew William Buck on behalf of Shawn AllenAttorney Matthew William Buck added to party Shawn Allen(pty:pla) (Buck, Matthew) |
| Filing 19 RESPONSE to #15 MOTION for Extension of Time to File Answer or Otherwise Respond , filed by Plaintiff Shawn Allen. (angar, ) |
| Filing 18 CERTIFICATE of Service by mail by Clerk of Court re 17 Order to Shawn Allen 2570 Pemberly Avenue Highlands Ranch, CO 80126. Text Only Entry (cmadr, ) |
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Filing 17
ORDER: Before the Court is "Defendants' Opposed Motion for Extension of Time to Respond to Complaint." ECF 15. Defendants indicate "Plaintiff opposes the Motion on the ground that (1) he cannot make any decisions in this case before the Court appoints an attorney to act on his behalf and (2) he believes he effected proper service of process on Defendants." Id. at 1. The Court reminds Plaintiff that in granting his Motion for Appointment of Counsel, the Court advised Plaintiff that "there is no guarantee that Panel members will undertake representation in every selected as part of the Civil Pro Bono Panel program," and, importantly, "[t]he Court caution[ed] that Plaintiff remains responsible for all discovery requirements and scheduled matters, including hearings, depositions, motions, and trial." ECF 13 at 4. Without ruling on the merits of the service of process arguments Defendants raise in their Motion for Extension, the Court rules on the Motion now without awaiting a response given the efficiency of the requested extension to the Court and all parties. Additional briefing would not materially assist the Court in adjudicating the Motion. See D.C.COLO.LCivR 7.1(d). For good cause shown, and in the interest of justice, the Court hereby GRANTS the Motion. Defendants shall answer or otherwise respond to the Complaint on or before June 20, 2023. Entered by Magistrate Judge Michael E. Hegarty on 4/20/23. Text Only Entry(mehlc5)
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| Filing 16 MEMORANDUM regarding #15 MOTION for Extension of Time to File Answer or Otherwise Respond filed by Jason Marcotte, Danyelle Marts, Lindsay Strong, Christina Kaven. Motion referred to Magistrate Judge Michael E. Hegarty, by Judge Regina M. Rodriguez on 4/20/2023. Text Only Entry (rmrja) |
| Filing 15 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Christina Kaven, Jason Marcotte, Danyelle Marts, Lindsay Strong. (Milgrom, Amanda) |
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Filing 14
ORDER granting #11 Motion to Appoint Counsel. Pursuant to Order #13 by Magistrate Judge Michael E. Hegarty on 04/12/2023.(alave, )
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Filing 13
ORDER APPOINTING PRO BONO COUNSEL by Magistrate Judge Michael E. Hegarty on this 12th day of April, 2023 pursuant to D.C.COLO.LAttyR 15(e)(1) as to Shawn Allen. (alave, )
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| Filing 12 MEMORANDUM regarding #11 MOTION to Appoint Counsel filed by Shawn Allen. Motion referred to Magistrate Judge Michael E. Hegarty, by Judge Regina M. Rodriguez on 4/10/2023. Text Only Entry (rmrja) |
| Filing 11 MOTION for Appointment of Counsel, by Plaintiff Shawn Allen. (angar, ) |
| Filing 10 SUMMONSES Returned Executed by Shawn Allen. Christina Kaven served on 3/29/2023, answer due 4/19/2023; Jason Marcotte served on 3/29/2023, answer due 4/19/2023; Danyelle Marts served on 3/29/2023, answer due 4/19/2023; Lindsay Strong served on 3/29/2023, answer due 4/19/2023. (angar, ) |
| Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Shawn Allen - Plaintiff does not consent. (angar, ) |
| Filing 8 SUMMONS issued over the counter by Clerk. (norlin, ) |
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Filing 7
Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 March 2023. The Court hereby denies Plaintiff's Motion for Process of Services #2 . This Court will hold the Fed. R. Civ. P. 16(b) scheduling conference on May 22, 2023, at 11:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado.(cmadr, )
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| Filing 6 MEMORANDUM regarding #2 MOTION for Process of Services filed by Shawn Allen. Motion referred to Magistrate Judge Michael E. Hegarty, by Judge Regina M. Rodriguez on 3/20/2023. Text Only Entry (rmrja) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. 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. SO ORDERED by Judge Regina M. Rodriguez on 3/20/2023. Text Only Entry (rmrja)
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| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) |
| Filing 3 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (blaws) |
| Filing 2 MOTION for "Process of Services" by Plaintiff Shawn Allen. (blaws) |
| Filing 1 COMPLAINT against Christina Kaven, Jason Marcotte, Danyelle Marts, Lindsay Strong (Filing Fee: $402.00, Receipt Number: 106353), filed by Shawn Allen. (Attachments: #1 Civil Cover Sheet, #2 Attachments 1-3) (blaws) |
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