Murray v. Wellpath, LLC et al
Plaintiff: David Murray
Defendant: Wellpath, LLC, Board of County Commissioners of the County of El Paso, Colorado, The, Joseph Roybal, Dianne Hawthorne-Cruz and Wendy Morris
Case Number: 1:2023cv01847
Filed: July 20, 2023
Court: U.S. District Court for the District of Colorado
Presiding Judge: Maritza Dominguez Braswell
Referring Judge: Gordon P Gallagher
Nature of Suit: Prisoner - Prison Condition
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 19, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2023 Filing 34 ANSWER to #1 Complaint, Defendant Dianne Hawthorne-Cruz's Answer to Plaintiff's Complaint and Demand for Jury Trial Attorney Emma Marie Feeney added to party Dianne Hawthorne-Cruz(pty:dft) by Dianne Hawthorne-Cruz.(Feeney, Emma)
September 12, 2023 Opinion or Order Filing 33 MINUTE ORDER granting Plaintiff's #31 Unopposed Motion to Extend October 9, 2023, Deadline to Submit Proposed Scheduling Order. The deadline to file a Proposed Scheduling Order is extended to October 23, 2023. By Magistrate Judge Maritza Dominguez Braswell on 9/12/2023. Text Only Entry(mdblc1)
September 12, 2023 Opinion or Order Filing 32 MEMORANDUM regarding #31 Unopposed MOTION for Extension of Time to Submit Proposed Scheduling Order filed by David Murray. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by District Judge Gordon P Gallagher on 9/12/2023. Text Only Entry (schap, )
September 12, 2023 Filing 31 Unopposed MOTION for Extension of Time to Submit Proposed Scheduling Order by Plaintiff David Murray. (Attachments: #1 Proposed Order (PDF Only))(Melin, Scott)
September 12, 2023 Opinion or Order Filing 30 MINUTE ORDER granting #28 Defendant Wendy Morris's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant Morris shall answer or otherwise respond to the #1 Complaint on or before October 5, 2023. By Magistrate Judge Maritza Dominguez Braswell on 9/12/2023. Text Only Entry(mdblc1)
September 12, 2023 Filing 29 MEMORANDUM regarding #28 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Wendy Morris. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by District Judge Gordon P Gallagher on 9/12/2023. Text Only Entry (schap, )
September 12, 2023 Filing 28 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Wendy Morris. (Attachments: #1 Proposed Order (PDF Only))(Warren, Julie)
September 12, 2023 Filing 27 NOTICE of Entry of Appearance by Julie E. Warren on behalf of Wendy MorrisAttorney Julie E. Warren added to party Wendy Morris(pty:dft) (Warren, Julie)
August 28, 2023 Filing 26 SUMMONS Returned Executed by David Murray. Wendy Morris served on 8/24/2023, answer due 9/14/2023. (Melin, Scott)
August 28, 2023 Filing 25 SUMMONS Returned Executed by David Murray. Dianne Hawthorne-Cruz served on 8/23/2023, answer due 9/13/2023. (Melin, Scott)
August 22, 2023 Opinion or Order Filing 24 MINUTE ORDER granting The Board of County Commissioners' #22 Unopposed Motion for Extension of Time. The Defendant Board shall answer or otherwise respond to the #1 Complaint on or before September 25, 2023. By Magistrate Judge Maritza Dominguez Braswell on 8/22/2023. Text Only Entry(mdblc1)
August 22, 2023 Filing 23 MEMORANDUM regarding #22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Board of County Commissioners of the County of El Paso, Colorado, The. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by District Judge Gordon P Gallagher on 8/22/2023. Text Only Entry (schap, )
August 22, 2023 Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Board of County Commissioners of the County of El Paso, Colorado, The. (Geringer, Meri)
August 22, 2023 Filing 21 NOTICE of Entry of Appearance by Nathan James Whitney on behalf of Board of County Commissioners of the County of El Paso, Colorado, The, Joseph RoybalAttorney Nathan James Whitney added to party Board of County Commissioners of the County of El Paso, Colorado, The(pty:dft), Attorney Nathan James Whitney added to party Joseph Roybal(pty:dft) (Whitney, Nathan)
August 22, 2023 Filing 20 NOTICE of Entry of Appearance by Steven Ward Martyn on behalf of Board of County Commissioners of the County of El Paso, Colorado, The, Joseph RoybalAttorney Steven Ward Martyn added to party Board of County Commissioners of the County of El Paso, Colorado, The(pty:dft), Attorney Steven Ward Martyn added to party Joseph Roybal(pty:dft) (Martyn, Steven)
August 22, 2023 Filing 19 NOTICE of Entry of Appearance by Meri V. Geringer on behalf of Board of County Commissioners of the County of El Paso, Colorado, The, Joseph RoybalAttorney Meri V. Geringer added to party Board of County Commissioners of the County of El Paso, Colorado, The(pty:dft), Attorney Meri V. Geringer added to party Joseph Roybal(pty:dft) (Geringer, Meri)
August 21, 2023 Filing 18 WAIVER OF SERVICE Returned Executed by David Murray. Joseph Roybal waiver sent on 8/21/2023, answer due 10/20/2023. (Melin, Scott)
August 18, 2023 Filing 17 SUMMONS Returned Executed by David Murray. Wellpath, LLC served on 8/1/2023, answer due 8/22/2023. (Melin, Scott)
August 18, 2023 Filing 16 ANSWER to #1 Complaint, Defendant Wellpath, LLC's Answer to Plaintiff's Complaint and Demand for Jury Trial Attorney Emma Marie Feeney added to party Wellpath, LLC(pty:dft) by Wellpath, LLC.(Feeney, Emma)
August 18, 2023 Filing 15 SUMMONS issued by Clerk. (Attachments: #1 Summons) (schap, )
August 17, 2023 Filing 14 SUMMONS REQUEST as to Dianne Hawthrone-Cruz re #1 Complaint, by Plaintiff David Murray. (Melin, Scott)
August 17, 2023 Filing 13 SUMMONS REQUEST as to Wendy Morris by Plaintiff David Murray. (Melin, Scott)
August 11, 2023 Filing 12 SUMMONS Returned Executed by David Murray. Board of County Commissioners of the County of El Paso, Colorado, The served on 8/4/2023, answer due 8/25/2023. (Melin, Scott)
August 1, 2023 Filing 11 SUMMONS Returned Executed by David Murray. Wendy Morris served on 7/31/2023, answer due 8/21/2023. (Melin, Scott)
August 1, 2023 Filing 10 SUMMONS Returned Executed by David Murray. Dianne Hawthorne-Cruz served on 7/31/2023, answer due 8/21/2023. (Melin, Scott)
August 1, 2023 Filing 9 SUMMONS Returned Executed by David Murray. Wellpath, LLC served on 7/31/2023, answer due 8/21/2023. (Melin, Scott)
July 24, 2023 Opinion or Order Filing 8 ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 10/9/2023. By Magistrate Judge Maritza Dominguez Braswell on 7/24/2023. (evaug)
July 24, 2023 Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (schap, )
July 21, 2023 Filing 6 SUMMONS REQUEST as to Wellpath, LLC; The Board of Commissioners of the County of El Paso, Colorado; Sheriff Joseph Roybal; Dianne Hawthrone-Cruz; Wendy Morris re #1 Complaint, by Plaintiff David Murray. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Melin, Scott)
July 20, 2023 Opinion or Order Filing 5 ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. 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 specifically-referred motions, and (4) 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 District Judge Gordon P Gallagher on 7/20/2023. Text Only Entry (schap, )
July 20, 2023 Filing 4 The summons submitted has incorrect caption and not issued. Please file completed summons for issuance using the event "Summons Request." (Text Only Entry) (efoga, )
July 20, 2023 Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, )
July 20, 2023 Filing 2 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, )
July 20, 2023 Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402,Receipt Number ACODC-9206914)Attorney Scott T. Melin added to party The Estate of Daniel James Murray(pty:pla), filed by The Estate of Daniel James Murray. (Attachments: #1 Refusal of Treatment Form, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons)(Melin, Scott)

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Plaintiff: David Murray
Represented By: Scott T. Melin
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Defendant: Wellpath, LLC
Represented By: Emma Marie Feeney
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Defendant: Board of County Commissioners of the County of El Paso, Colorado, The
Represented By: Nathan James Whitney
Represented By: Steven Ward Martyn
Represented By: Meri V. Geringer
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Defendant: Joseph Roybal
Represented By: Meri V. Geringer
Represented By: Nathan James Whitney
Represented By: Steven Ward Martyn
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Defendant: Dianne Hawthorne-Cruz
Represented By: Emma Marie Feeney
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Defendant: Wendy Morris
Represented By: Julie E. Warren
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