Hutchins et al v. Board of County Commissioners of Larimer County, Colorado
| Wesley D Hutchins, Carol A Squires, Linda L Jones, Kurt T Squires, Bruce B Hutchins, Wesley D. Hutchins, Carol A. Squires, Linda L. Jones, Kurt T. Squires and Bruce B. Hutchins |
| BOCC of Larimer County, Board of County Commissioners of Larimer County, Colorado, Lori Hodges, Morgan Fay, Steve Kaye and Short-Elliott-Hendrickson, Inc. |
| 1:2023cv01819 |
| July 18, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| S Kato Crews |
| Torts to Land |
| 28 U.S.C. § 1446 tl - Notice of Removal -- Torts to Land |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE of Filing Amended Pleading re #22 Amended Complaint, ("redlined" version of Amended Complaint attached as Exhibit A) by Plaintiffs Bruce B. Hutchins, Wesley D. Hutchins, Linda L. Jones, Kurt T. Squires, Carol A. Squires (Hutchins, Wesley) |
| Filing 22 AMENDED COMPLAINT Against All Defendants against All Plaintiffs, filed by Kurt T. Squires, Wesley D. Hutchins, Linda L. Jones, Carol A. Squires, Bruce B. Hutchins. (Attachments: #1 Exhibit Index of Exhibits to Amended Comlaint, A through R, bates numbered)(Hutchins, Wesley) |
Filing 21
ORDER GRANTING #19 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion to Dismiss. The Court ORDERS Plaintiffs to file their response to the Motion to Dismiss on or before 10/13/2023.The Court notes that Plaintiffs argue, in part, that the Court should grant the Motion because they are pro se. While a court should construe pro se pleadings liberally, doing so means construing a pleading "despite the plaintiff's failure to cite proper legal authority, his confusion of various legal theories, his poor syntax and sentence construction, or his unfamiliarity with pleading requirements." See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Nevertheless, pro se parties must "follow the same rules of procedure that govern other litigants." Nielsen v. Price, 17 F.3d 1276, 1277 (10th Cir. 1994) (citation omitted).Given that Defendant previously sought an unopposed extension of time that the Court granted and the case is at an early stage of litigation, the Court grants the requested extension. The Court notes, however, that the extension request is not granted based upon Plaintiffs pro se status. At this stage of the litigation, the Plaintiffs appear to be relatively sophisticated and eloquent in comparison to other pro se litigants. Plaintiffs are cautioned that future motions that rely solely upon their pro se status may be denied.In addition, since Plaintiffs are not represented by counsel, the Court would like to make Plaintiffs aware of a couple of resources available to people representing themselves in the U.S. District Court for the District of Colorado. The first is the Federal Pro Se Clinic which provides free legal assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic helps to prepare responsive pleadings, provides assistance with other common pleadings, answers procedural questions, and explains legal concepts such as jurisdiction, venue, and service of process. Plaintiff may contact the Clinic by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The second is the Federal Limited Appearance Program (FLAP). FLAP aims to address the difficulty pro se parties in civil litigation sometimes face when appearing in court for certain non-dispositive hearings or conferences--such as scheduling conferences, status conferences, discovery hearings, and settlement conferences--by providing those litigants with a volunteer attorney who appears with them in court. Information about FLAP may be found online at www.cobar.org/For-Members/Young-Lawyers-Division/YLD-Application. SO ORDERED by Magistrate Judge S. Kato Crews on 9/12/2023. Text Only Entry (skclc3)
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| Filing 20 MEMORANDUM regarding #16 MOTION to Dismiss Plaintiffs' Complaint [ECF 4] filed by Board of County Commissioners of Larimer County, Colorado, #19 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Plaintiffs' Complaint [ECF 4] filed by Linda L. Jones, Kurt T. Squires, Bruce B. Hutchins, Carol A. Squires, Wesley D. Hutchins. Motions referred to Magistrate Judge S. Kato Crews, by Chief Judge Philip A. Brimmer on 9/11/2023. Text Only Entry (pabsec, ) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss Plaintiffs' Complaint [ECF 4] by Plaintiffs Bruce B. Hutchins, Wesley D. Hutchins, Linda L. Jones, Kurt T. Squires, Carol A. Squires. (Hutchins, Wesley) |
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Filing 18
ORDER REFERRING CASE to Magistrate Judge S. Kato Crewsfor 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 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 8/24/2023. Text Only Entry (pabsec, ) Modified on 8/28/2023 to reflect all motions (pabsec, ).
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| Filing 17 CASE REASSIGNED. Pursuant to #15 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 23-cv-01819-PAB. (Text Only Entry) (sphil, ) |
| Filing 16 MOTION to Dismiss Plaintiffs' Complaint [ECF 4] by Defendant Board of County Commissioners of Larimer County, Colorado. (Attachments: #1 Exhibit A)(Lowe, Michael) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendant Board of County Commissioners of Larimer County, Colorado All parties do not consent.. (Lowe, Michael) |
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Filing 14
MINUTE ORDER re: The parties are ORDERED to submit the #5 Magistrate Judge Consent/Non-Consent Form on or before 8/28/2023. SO ORDERED by Magistrate Judge S. Kato Crews on 8/16/2023. Text Only Entry (skclc3)
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| Filing 13 NOTICE OF CASE ASSOCIATION by Michael Turner Lowe on behalf of Board of County Commissioners of Larimer County, Colorado (Lowe, Michael) |
| Filing 12 NOTICE of Entry of Appearance as Co-Counsel by William Glenn Ressue on behalf of Board of County Commissioners of Larimer County, ColoradoAttorney William Glenn Ressue added to party Board of County Commissioners of Larimer County, Colorado(pty:dft) (Ressue, William) |
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Filing 11
ORDER granting #9 Defendant's Unopposed Motion for Enlargement of Time to Answer or Otherwise Respond to Plaintiffs' Complaint. The Court ORDERS Defendant to file its answer or other responsive pleading on or before 8/24/2023. SO ORDERED by Magistrate Judge S. Kato Crews on 7/21/2023. Text Only Entry (skclc3)
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| Filing 10 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: attorney Michael T. Lowe, re #9 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond. 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) (jtorr, ) |
| Filing 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #4 Complaint by Defendant Board of County Commissioners of Larimer County, Colorado. (Lowe, Michael) |
| Filing 8 NOTICE of Entry of Appearance by Heather Dawn Kuhlman on behalf of Board of County Commissioners of Larimer County, ColoradoAttorney Heather Dawn Kuhlman added to party Board of County Commissioners of Larimer County, Colorado(pty:dft) (Kuhlman, Heather) |
| Filing 7 NOTICE of Entry of Appearance as Co-Counsel by Frank Norman Haug on behalf of Board of County Commissioners of Larimer County, ColoradoAttorney Frank Norman Haug added to party Board of County Commissioners of Larimer County, Colorado(pty:dft) (Haug, Frank) |
| Filing 6 NOTICE of Entry of Appearance as Co-Counsel by David Patrick Ayraud on behalf of Board of County Commissioners of Larimer County, ColoradoAttorney David Patrick Ayraud added to party Board of County Commissioners of Larimer County, Colorado(pty:dft) (Ayraud, David) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jcharl, ) |
| Filing 4 COMPLAINT against Board of County Commissioners of Larimer County, Colorado, filed by Kurt T. Squires, Wesley D. Hutchins, Linda L. Jones, Carol A. Squires, Bruce B. Hutchins.(jcharl, ) |
| Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jcharl, ) |
| Filing 2 NOTICE of Compliance with D.C.COLO.LCivR 81.1 by Defendant BOCC of Larimer County (Attachments: #1 Exhibit District Court Docket Sheet, #2 Exhibit District Court Complaint, #3 Exhibit District Court Cover Sheet, #4 Exhibit District Court Summons, #5 Exhibit District Court Notice Judicial Civil Case Management)(Lowe, Michael) |
| Filing 1 NOTICE OF REMOVAL by BOCC of Larimer County from District Court, Larimer County, Colorado, Case Number 2023cv173. (Filing fee $ 402, Receipt Number ACODC-9202498), filed by BOCC of Larimer County. (Attachments: #1 Exhibit A - Complaint)(Lowe, Michael) |
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