Bretz v. Powell et al
| Michael Bretz |
| Brett Powell, Jared Harty and Ken Kimsey |
| 1:2023cv00791 |
| March 29, 2023 |
| U.S. District Court for the District of Colorado |
| Michael E Hegarty |
| Kristen L Mix |
| Nina Y Wang |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 SUPPLEMENT/AMENDMENT to #35 Response,, Exhibit J - Plaintiff's Medical Records from CDOC/DRDC by Defendants Jared Harty, Ken Kimsey, Brett Powell. (Attachments: #1 Exhibit J - Plaintiff's Medical Records from CDOC/DRDC)(Rolland, Eden) |
| Filing 38 REPLY to #35 Response,, by Plaintiff Michael Bretz. (Roberts, James) |
| Filing 37 STATUS REPORT Regarding Efforts to Obtain and Supplement the Record with Plaintiff's Medical Records from the Colorado Department of Corrections, Denver Reception and Diagnostic Center by Defendants Jared Harty, Ken Kimsey, Brett Powell. (Rolland, Eden) |
| Filing 36 Defendants' ANSWER to #1 Complaint, by Jared Harty, Ken Kimsey, Brett Powell.(Rolland, Eden) |
| Filing 35 RESPONSE to #25 Order on Motion for Order,, to Show Cause by Defendants Jared Harty, Ken Kimsey, Brett Powell. (Attachments: #1 Exhibit A - Brett Powell Affidavit, #2 Exhibit B - Ken Kimsey Affidavit, #3 Exhibit C - Jared Harty Affidavit, #4 Exhibit D - Plaintiff's Parole Self-Revocation, #5 Exhibit E - Parole Board Mittimus, Finding and Order, #6 Exhibit F - Sandra Baray Affidavit, #7 Exhibit G - Alan Samber Affidavit, #8 Exhibit H - Melissa Divido Affidavit (offer of proof, unexecuted), #9 Exhibit I - Detention Center Medical Records & Records Custodian Affidavit)(Rolland, Eden) |
Filing 34
ORDER granting #32 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint. For good cause shown, the Court hereby GRANTS "Defendants' Unopposed Motion for Two-Week Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint [ECF #1]." ECF 32. Defendants shall answer or otherwise respond to Plaintiff's Complaint on or before May 3, 2023. Entered by Magistrate Judge Michael E. Hegarty on 4/20/23. Text Only Entry(mehlc5)
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| Filing 33 MEMORANDUM regarding #32 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Brett Powell, Ken Kimsey, Jared Harty. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 04/20/2023. Text Only Entry (nywlc2, ) |
| Filing 32 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Jared Harty, Ken Kimsey, Brett Powell. (McLetchie, Andrew) |
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Filing 31
MINUTE ORDER: The #30 Unopposed MOTION for Extension of Time to Show Cause Pursuant to Court's Order [ECF #25] is GRANTED. Defendants shall respond to the Court's Order to Show Cause on or before 4/25/2023. Plaintiff may file a response no later than 21 days after the filing of Defendants' response. By Judge Nina Y. Wang on 04/12/2023. Text Only Entry(nywlc2, )
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| Filing 30 Unopposed MOTION for Extension of Time to Show Cause Pursuant to Court's Order [ECF #25] by Defendants Jared Harty, Ken Kimsey, Brett Powell. (McLetchie, Andrew) |
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Filing 29
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on April 11, 2023. This Court will hold the Fed. R. Civ. P. 16(b) scheduling conference on June 13, 2023, at 10:15 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. The parties shall file the proposed Scheduling Order with the Clerks Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than five business days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Hegarty at [email protected]. (alave, )
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Filing 28
ORDER REFERRING CASE: This case is referred to Magistrate Judge Michael E. Hegarty for non-dispositive matters. 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 D.C.COLO.LCivR 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at his 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 04/11/2023. Text Only Entry (nywlc2, )
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| Filing 27 NOTICE of Entry of Appearance by Scott Howard Palmer on behalf of Michael BretzAttorney Scott Howard Palmer added to party Michael Bretz(pty:pla) (Palmer, Scott) |
| Filing 26 ADVISORY NOTICE TO ATTORNEY AND COURT re #21 Notice of Entry of Appearance: Scott Howard Palmer attempted to enter an appearance in this case. James P. Roberts affixed their "s/" signature to the Notice. Under ECF Civil Procedures 4.5(a), counsel's purported appearance cannot be recognized. Text Only Entry. (trvo, ) |
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Filing 25
MINUTE ORDER. The Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt of Court and Be Sanctioned [Doc. #14 ] is GRANTED. Defendants shall SHOW CAUSE, in writing, on or before April 18, 2023, why they should not be held in contempt of Court or sanctioned for their alleged failure to comply with the Temporary Restraining Order. Plaintiff may RESPOND to Defendants' Response to the Order to Show Cause within twenty-one (21) days of the filing of such Response. By Judge Nina Y. Wang on 4/6/2023.(trvo, )
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| Filing 24 COURTROOM MINUTES/MINUTE ORDER for Telephonic Status Conference held before Judge Nina Y. Wang on 4/6/2023. Plaintiff's Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt of Court and Be Sanctioned #14 is deemed argued, submitted, and taken under advisement. The Court will issue an Order as soon as possible. Court Reporter: Darlene Martinez. (ebuch) |
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Filing 23
MINUTE ORDER: This matter is before the Court on Plaintiff's Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt of Court and Be Sanctioned [Doc. #14 ] and Defendants' Response thereto [Doc. #22 ]. It is ORDERED that a telephonic Status Conference is SET for 4/6/2023 at 10:00 AM before Judge Nina Y. Wang. The Parties shall participate using the following dial-in information: 888-363-4749; Access Code: 5738976#. By Judge Nina Y. Wang on 04/04/2023. Text Only Entry (nywlc2, )
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| Filing 22 RESPONSE to #14 MOTION for Order to TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT AND BE SANCTIONED filed by Defendants Jared Harty, Ken Kimsey, Brett Powell. (McLetchie, Andrew) |
| Filing 21 NOTICE of Entry of Appearance of Co-Counsel by Scott Howard Palmer on behalf of Michael BretzAttorney Scott Howard Palmer added to party Michael Bretz(pty:pla) (Palmer, Scott) |
| Filing 20 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #16 Notice of Entry of Appearance signed by attorney Andrew R. McLetchie and filed by Eden R. Rolland. DO NOT REFILE THE DOCUMENT. PLEASE TAKE NOTICE -future documents must be filed using the CM/ECF login of the attorney whose signature is on the pleading and in accordance with D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (trvo, ) |
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Filing 19
MINUTE ORDER granting the #18 Motion for Extension of Time to File Response/Reply. Defendants shall respond to Plaintiff's Motion by 5:00 PM MST on April 3, 2023. By Judge Nina Y. Wang on 04/03/2023. Text Only Entry(nywlc2, )
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Order to TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT AND BE SANCTIONED to 5:00 p.m. on Monday, April 3, 2023 by Defendants Jared Harty, Ken Kimsey, Brett Powell. (Rolland, Eden) |
| Filing 17 NOTICE of Entry of Appearance of Eden R. Rolland by Eden R. Rolland on behalf of All Defendants (Rolland, Eden) |
| Filing 16 NOTICE of Entry of Appearance of Andrew R. McLetchie by Eden R. Rolland on behalf of All Defendants Attorney Eden R. Rolland added to party Jared Harty(pty:dft), Attorney Eden R. Rolland added to party Ken Kimsey(pty:dft), Attorney Eden R. Rolland added to party Brett Powell(pty:dft) (Rolland, Eden) |
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Filing 15
MINUTE ORDER: The Court has received a motion to show cause as to why the defendants should be found in contempt and sanctioned, filed by counsel for the plaintiff. ECF No. 14. This motion states that the defendants "refused to comply with the Court's Order to take Mr. Bretz to the hospital." Id. at 1. The proposed order begins, "On this day came on to be heard Plaintiff Michael Bretz's motion for order to show cause why defendants should not be held in contempt of court and be sanctioned...." The temporary restraining order was issued ex parte. The motion for an order to show cause has not, in fact, come on to be heard. There has been no hearing, and the Court has heard nothing from the defendants. Assuming that the plaintiff's statement to counsel that he had not been taken to a hospital when parole officers arrived and removed him from the jail this morning is correct, the Court does not know why he was not taken to a hospital during the night or early morning hours of March 30-31, 2023; or which of the named defendants was responsible for whatever decision was made with respect to the Court's order; or why the parole officers arrived and removed Mr. Bretz from the jail when they did; or whether plaintiff has been taken to a hospital or otherwise provided with medical treatment by the parole officers or others outside the auspices of the jail. Before taking even the preliminary step of issuing an order to show cause, the Court wants the defendants to have a reasonable opportunity to respond. Accordingly, the Court directs defendants to respond to the motion for an order to show cause no later than 10:00 a.m. on Monday, April 3, 2023. The Court further orders that plaintiff's counsel immediately notify the Logan County Attorney of this Minute Order both by email (to a correct address; the address provided in the motions certificate of service appears to be erroneous) and by telephone. By Judge R. Brooke Jackson on 03/31/2023. Text Only Entry (nywlc2, )
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| Filing 14 MOTION for Order to TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT AND BE SANCTIONED by Plaintiff Michael Bretz. (Attachments: #1 Proposed Order (PDF Only))(Roberts, James) |
| Filing 13 SUMMONS issued by Clerk. (trvo, ) |
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Filing 12
TEMPORARY RESTRAINING ORDER. It is ORDERED that the #4 Motion for Temporary Restraining Order is GRANTED. It is ORDERED that the Logan County Jail shall immediately transport Mr. Bretz to the nearest hospital emergency room for examination and appropriate treatment. It is further ORDERED that Plaintiff's counsel shall have this Order served on the Jail immediately. Entered by Judge R. Brooke Jackson on 03/30/2023.(nywlc2, ) (Main Document 12 replaced on 3/30/2023) (ebuch, ).
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Filing 11
MEMORANDUM regarding #4 MOTION for Temporary Restraining Order filed by Michael Bretz. Due to the Court's unavailability and the urgency of the requested temporary restraining order, the Motion for Temporary Restraining Order is referred to Senior Judge R. Brooke Jackson. By Judge Nina Y. Wang on 03/30/2023. Text Only Entry (nywlc2, )
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| Filing 10 AFFIDAVIT re #4 MOTION for Temporary Restraining Order Affidavit of Plaintiff's Criminal Defense Attorney Katherine McLaughlin by Plaintiff Michael Bretz. (Roberts, James) |
| Filing 9 CASE REASSIGNED. pursuant to #8 Minute Order This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00791-NYW. (Text Only Entry). (alave, ) Modified on 4/11/2023 to correct referral judge (trvo, ). |
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Filing 8
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 03/29/2023. 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). (alave, )
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| Filing 7 Summons request not issued, Pursuant to local rule D.C. COLO.LCivR 8.1. Case still under initial review (Text Only Entry). (tgall, ) |
| Filing 6 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (tgall, ) |
| Filing 5 Proposed Order for ECF No. 4 by Plaintiff Michael Bretz. (Roberts, James) Modified on 3/31/2023 to correct text (trvo, ). |
| Filing 4 MOTION for Temporary Restraining Order by Plaintiff Michael Bretz. (Attachments: #1 Affidavit)(Roberts, James) |
| Filing 3 SUMMONS REQUEST as to Brett Powell, Ken Kimsey, Jared Harty by Plaintiff Michael Bretz. (Attachments: #1 Summons, #2 Summons)(Roberts, James) |
| Filing 2 CERTIFICATE of Interested Parties re: #1 Complaint, by Plaintiff Michael Bretz. (Roberts, James) |
| Filing 1 COMPLAINT against Jared Harty, Ken Kimsey, Brett Powell (Filing fee $ 402,Receipt Number ACODC-9017546)Attorney James Painter Roberts added to party Michael Bretz(pty:pla), filed by Michael Bretz. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Roberts, James) |
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