Jerri Estelle of the Family Wheatley v. Reiner et al
| Jerri Estelle of the Family Wheatley and Jerri E. Wheatley |
| Sheila Reiner, Sheila (I) Reiner, Ken Brownlee, Ken (I) Brownlee, Board of County Commissioners of the County of Mesa, The and State of Colorado |
| 1:2023cv00920 |
| April 13, 2023 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| Kristen L Mix |
| Kathryn A Starnella |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
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Filing 50
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 10 October 2023. IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time to Respond #46 is GRANTED. The deadline for Defendant State of Colorado to answer or otherwise respond to the operative complaint is extended to October 31, 2023.(cmadr, )
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| Filing 49 RESPONSE to #44 MOTION for Order to Take Judicial Notice Pursuant to F.R.E. 201 (filed concurrently with Dkt. 43) DEFENDANTS SHEILA REINER, KEN BROWNLEE AND THE MESA COUNTY BOARD OF COMMISSIONERS RESPONSE TO PLAINTIFFS REQUEST FOR JUDICIAL NOTICE PURSUANT TO F.R.E. 201 (#44) filed by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner. (Tuttle, Richard) |
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Filing 48
ORDER REFERRING MOTION: #46 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #30 Amended Complaint, filed by State of Colorado.Motion referred to Magistrate Judge Kathryn A. Starnella by Judge Daniel D. Domenico on 10/10/2023. Text Only Entry (dddlc3, )
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| Filing 47 RESPONSE to #46 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #30 Amended Complaint, Motion to Strike paragraph 5 filed by Plaintiff Jerri Estelle of The Family Wheatley. (Attachments: #1 Exhibit 1)(of The Family Wheatley, Jerri) |
| Filing 46 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #30 Amended Complaint, by Defendant State of Colorado. (Barrett, Philip) |
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Filing 45
ORDER REFERRING MOTIONS: #43 MOTION to Compel Court's Compliance; AND #44 MOTION for Order to Take Judicial Notice. Motions referred to Magistrate Judge Kathryn A. Starnella by Judge Daniel D. Domenico on 10/3/2023. Text Only Entry (dddlc3, )
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| Filing 44 MOTION for Order to Take Judicial Notice Pursuant to F.R.E. 201 (filed concurrently with Dkt. 43) by Plaintiff Jerri Estelle of The Family Wheatley. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(of The Family Wheatley, Jerri) |
| Filing 43 MOTION to Compel Court's Compliance with: CRCP 121(4), CRCP 16.2(b), DCColoLCivR 16.6(a), FRCP 16(a)(1) and the Constitution of the State of Colorado Article X, Section 20 and Article II, Section 6 or to Show Cause for Delay by Plaintiff Jerri Estelle of The Family Wheatley. (of The Family Wheatley, Jerri) |
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Filing 42
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 25 September 2023. IT IS HEREBY ORDERED that the Plaintiff's Notice of Court's Non-Compliance with CRCP 5 and Demand for Immediate Compliance #36 is DENIED as moot.(cmadr, )
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| Filing 41 NOTICE re #36 MOTION for Order to Produce Document Filings by Plaintiff Jerri Estelle of The Family Wheatley (of The Family Wheatley, Jerri) |
| Filing 40 RESPONSE to #36 MOTION for Order to address Plaintiff's Notice of Court's Non-Compliance filed by Defendant State of Colorado. (Barrett, Philip) |
| Filing 39 WAIVER OF SERVICE Returned Executed by State of Colorado. State of Colorado waiver sent on 8/9/2023, answer due 10/10/2023. (Barrett, Philip) |
| Filing 38 RESPONSE to #36 MOTION for Order to Notice of Court's Non-Compliance with CRCP 5 and Demand for Immediate Compliance filed by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner. (Attachments: #1 Exhibit Exhibit 1)(Tuttle, Richard) |
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Filing 37
ORDER REFERRING MOTION: #36 "Notice of Court's Non-Compliance with CRCP 5 and Demand for Immediate Compliance" filed by Jerri Estelle of the Family Wheatley. The Court construes Plaintiff's #36 filing as a motion. The motion is referred to Magistrate Judge Kathryn A. Starnella by Judge Daniel D. Domenico on 8/16/2023. Text Only Entry (dddlc3, )
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| Filing 36 Notice of Court's Non-Compliance With CRCP5 and Demand for Immediate Compliance by Plaintiff Jerri Estelle of the Family Wheatley. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (athom, ) |
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Filing 35
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Kathryn A. Starnella upon her appointment. All future pleadings should reference Magistrate Judge Starnella at the end of the civil action number, 23-cv-00920-DDD-KAS. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Starnella in Courtroom C-204. Her chambers are located in Room C-253 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2770. (Text only entry) (cthom, )
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| Filing 34 NOTICE of Entry of Appearance and NOTICE of Non-Service by Philip Timothy Barrett on behalf of State of ColoradoAttorney Philip Timothy Barrett added to party State of Colorado(pty:dft) (Barrett, Philip) |
| Filing 33 RESPONSE to #28 MOTION for Sanctions filed by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner. (Attachments: #1 Exhibit 2023.05.08 Email)(Tuttle, Richard) |
| Filing 32 REPLY to Response to #26 MOTION to Strike, #19 Amended MOTION to Dismiss Pursuant to FRCP 12(b)(6) and FRCP 12(h) filed by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner. (Tuttle, Richard) |
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Filing 31
ORDER REFERRING MOTION: #28 MOTION for Sanctions filed by Jerri Estelle of the Family Wheatley. Motion referred to Magistrate Judge Kristen L. Mix by Judge Daniel D. Domenico on 7/11/2023. Text Only Entry (dddlc5, )
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| Filing 30 2nd AMENDED COMPLAINT Under CRCP 105 and 42 USC 1983 against Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Sheila Reiner, State of Colorado, filed by Jerri Estelle of the Family Wheatley. (Attachments: #1 Proposed Document Index of Exhibits)(alave, ) |
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Filing 29
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 07/10/2023. IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) #6 is DENIED as moot. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File 2nd Amended Complaint #21 is GRANTED. The Clerk of Court shall accept Plaintiff's proposed Second Amended Complaint [21-1, 21-2] for filing as of the date of this Minute Order. IT IS FURTHER ORDERED that Defendants' Unopposed Motion for Clarification Regarding Defendants' Previously Filed Motion to Dismiss Amended Complaint #23 is GRANTED. The Court will consider Defendants' Motion to Dismiss Amended Complaint Pursuant to FRCP 12(b)(6) and FRCP(h) #19 in connection with the Second Amended Complaint. IT IS FURTHER ORDERED that the Clerk of Court shall remove the gavel from Docket #26 and re-designate the document as a Response to Defendants' Motion to Dismiss Amended Complaint Pursuant to FRCP 12(b)(6) and FRCP(h) #19 . Accordingly, IT IS FURTHER ORDERED that Defendants shall file a Reply in connection with their Motion to Dismiss Amended Complaint Pursuant to FRCP 12(b)(6) and FRCP(h) #19 no later than July 21, 2023.(alave, )
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| Filing 28 MOTION for Sanctions Against Richard Tuttle for Violation of the Rules of Profession Conduct and FRCP 11(b)(1-4) by Plaintiff Jerri Estelle of the Family Wheatley. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (athom, ) |
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Filing 27
ORDER REFERRING MOTION: #26 MOTION to Strike filed by Jerri Estelle of the Family Wheatley. Motion referred to Magistrate Judge Kristen L. Mix by Judge Daniel D. Domenico on 7/5/2023. Text Only Entry (dddlc5, )
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| Filing 26 Response to Defendants' Motion to Dismiss Amended Complaint Pursuant to FRCP 12(b)(6) and FRCP(h) #19 . MOTION to Strike County Defendants' by Plaintiff Jerri Estelle of the Family Wheatley. (Attachments: #1 Exhibit)(angar, ) Modified on 7/11/2023 pursuant to Minute Order #29 . (alave, ). |
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Filing 25
ORDER REFERRING MOTION: #23 MOTION to Clarify re #19 Amended MOTION to Dismiss Pursuant to FRCP 12(b)(6) and FRCP 12(h) filed by Board of County Commissioners of the County of Mesa, The, Ken (I) Brownlee, Sheila (I) Reiner, Ken Brownlee, Sheila Reiner, State of Colorado. Motion referred to Magistrate Judge Kristen L. Mix by Judge Daniel D. Domenico on 6/16/2023. Text Only Entry (dddlc5, )
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| Filing 24 RESPONSE to #21 MOTION for Leave to File Second Amended Complaint filed by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner, State of Colorado. (Tuttle, Richard) |
| Filing 23 MOTION to Clarify re #19 Amended MOTION to Dismiss Pursuant to FRCP 12(b)(6) and FRCP 12(h) by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner, State of Colorado. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Defendants Unopposed Motion for Clarification Regarding Defendants Previously Filed Motion to Dismiss Amended Complaint)(Tuttle, Richard) |
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Filing 22
ORDER REFERRING MOTION: #21 MOTION for Leave to File Second Amended Complaint filed by Jerri Estelle of the Family Wheatley. Motion referred to Magistrate Judge Kristen L. Mix by Judge Daniel D. Domenico on 6/13/2023. Text Only Entry (dddlc5, )
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| Filing 21 MOTION for Leave to File 2nd Amended Complaint by Plaintiff Jerri Estelle of the Family Wheatley. (Attachments: #1 Proposed Document 2nd Amended Complaint Under CRCP 105 and 42 USC 1983, #2 Proposed Document Index of Exhibits, #3 Proposed Document Order) (athom, ) |
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Filing 20
ORDER REFERRING MOTION: #19 Amended MOTION to Dismiss Pursuant to FRCP 12(b)(6) and FRCP 12(h) filed by Board of County Commissioners of the County of Mesa, The, Ken (I) Brownlee, Sheila (I) Reiner, Ken Brownlee, Sheila Reiner, State of Colorado. Motion referred to Magistrate Judge Kristen L. Mix by Judge Daniel D. Domenico on 6/9/2023. Text Only Entry (dddlc5, )
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| Filing 19 Amended MOTION to Dismiss Pursuant to FRCP 12(b)(6) and FRCP 12(h) by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner, State of Colorado. (Tuttle, Richard) |
| Filing 18 SUMMONS issued by Clerk and mailed to Plaintiff. (athom, ) |
| Filing 17 First AMENDED COMPLAINT Under CRCP 105 and 42 USC 1983 against Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner, State of Colorado, filed by Jerri Estelle of the Family Wheatley. (Attachments: #1 Index of Exhibits, #2 Summons, #3 Letter) (athom, ) |
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Filing 16
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 05/24/2023. IT IS HEREBY ORDERED that the Motion #14 is GRANTED to the extent that the deadline for Plaintiff to file a Response to the Motion to Dismiss #6 is extended to May 29, 2023. The Motion is DENIED with respect to all other relief requested, including Plaintiff's request to order Defendants' "counsel to produce evidence, in the form of the mailing costs incurred for mailing Plaintiff Dkt. 6 to support the claims made in Dkt. 13 and as stated in Tuttle's 5/8/23 email." Motion #14 at 4.(alave, )
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Filing 15
ORDER REFERRING MOTION: #14 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss filed by Jerri Estelle of the Family Wheatley. Motion referred to Magistrate Judge Kristen L. Mix by Judge Daniel D. Domenico on 5/24/2023. Text Only Entry (dddlc5, )
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| Filing 14 Unopposed MOTION for Extension of Time to Respond re #6 MOTION to Dismiss by Plaintiff Jerri Estelle of the Family Wheatley. (Attachments: #1 Envelope, #2 Unopposed Motion for Extension of Time to Respond received by email) (athom, ) |
| Filing 13 SUPPLEMENT/AMENDMENT to #6 MOTION to Dismiss by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner. (Tuttle, Richard) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Ken (I) Brownlee, Ken Brownlee, Board of County Commissioners of the County of Mesa, The, Sheila Reiner, Sheila (I) Reiner. Sheila Reiner waiver sent on 5/4/2023, answer due 7/3/2023; Sheila (I) Reiner waiver sent on 5/4/2023, answer due 7/3/2023. (Tuttle, Richard) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Ken (I) Brownlee, Ken Brownlee, Board of County Commissioners of the County of Mesa, The, Sheila Reiner, Sheila (I) Reiner. Ken (I) Brownlee waiver sent on 5/4/2023, answer due 7/3/2023; Ken Brownlee waiver sent on 5/4/2023, answer due 7/3/2023. (Tuttle, Richard) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Ken (I) Brownlee, Ken Brownlee, Board of County Commissioners of the County of Mesa, The, Sheila Reiner, Sheila (I) Reiner. Board of County Commissioners of the County of Mesa, The waiver sent on 5/4/2023, answer due 7/3/2023. (Tuttle, Richard) |
| Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner All parties do not consent.. (Tuttle, Richard) |
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Filing 8
ORDER REFERRING MOTION: #6 MOTION to Dismiss filed by Board of County Commissioners of the County of Mesa, The, Ken (I) Brownlee, Sheila (I) Reiner, Ken Brownlee, Sheila Reiner. Motion referred to Magistrate Judge Kristen L. Mix by Judge Daniel D. Domenico on 5/2/2023. Text Only Entry (dddlc5, )
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| Filing 7 NOTICE of Entry of Appearance by Richard Brian Tuttle on behalf of All Defendants (Tuttle, Richard) |
| Filing 6 MOTION to Dismiss by Defendants Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner. (Tuttle, Richard) |
| Filing 5 CERTIFICATE of Service by U.S. Mail by Clerk of Court re 4 Order Referring Case to Magistrate Judge, to Jerri Estelle of the Family Wheatley; 701 26 1/2 Road; Grand Junction, CO. Text Only Entry. (rkeec) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. 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 Daniel D. Domenico on 4/13/2023. Text Only Entry. (rkeec)
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| Filing 3 SUMMONS issued by Clerk via USPS. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (blaws) |
| Filing 2 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (blaws) |
| Filing 1 COMPLAINT Under Rules 105, 42 USC 1981, 42 USC 1983 against Board of County Commissioners of the County of Mesa, The, Ken Brownlee, Ken (I) Brownlee, Sheila Reiner, Sheila (I) Reiner (Filing Fee: $402.00, Receipt Number: 106646), filed by Jerri Estelle of the Family Wheatley. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Exhibits, #4 Summons, #5 Envelope) (blaws) |
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