Pinales-Garcia v. United States
| Luis Alonso Pinales-Garcia |
| Timothy W. McDonald and United States |
| 1:2023cv02005 |
| August 8, 2023 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Regina M Rodriguez |
| Assault Libel & Slander |
| 28 U.S.C. § 1331 as - Fed. Question - Assault, Libel, Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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Filing 28
MINUTE ORDER granting #25 Plaintiff's Motion for Leave to File Amended Complaint. Plaintiff shall file his Second Amended Complaint on or before October 17, 2023. The Clerk of Court is directed to mail a copy of this Minute Order to Plaintiff: Luis Alonso Pinales-Garcia, 6959 Peachleaf Dr, Colorado Springs, CO 80925-9649. By Magistrate Judge Maritza Dominguez Braswell on 10/3/2023. Text Only Entry(mdblc1)
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Filing 27
ORDER REFERRING MOTION: #25 Proposed MOTION for Leave to Amend Motion Summary filed by Luis Alonso Pinales-Garcia.Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 10/3/2023. Text Only Entry (rmrja)
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| Filing 26 RESPONSE to #25 Proposed MOTION for Leave to Amend Motion Summary filed by Defendant United States. (Leneis, Brad) |
| Filing 25 Proposed MOTION for Leave to Amend Motion Summary by Plaintiff Luis Alonso Pinales-Garcia. (Attachments: #1 Envelope Proof of Service Mail, #2 Receipt Certified Mail Receipt, #3 Proposed Order (PDF Only) Proposed Order)(Pinales-Garcia, Luis) |
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Filing 24
MINUTE ORDER granting #22 The United States' Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Complaint. Defendant shall answer or otherwise respond to the #8 Amended Complaint on or before November 1, 2023. By Magistrate Judge Maritza Dominguez Braswell on 10/2/2023. Text Only Entry(mdblc1)
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Filing 23
ORDER REFERRING MOTION: #22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #8 Amended Complaint filed by United States. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 10/2/2023. Text Only Entry (rmrja)
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| Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #8 Amended Complaint by Defendant United States. (Leneis, Brad) |
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Filing 21
ORDER. The Motion to Substitute, ECF No. #17 , is GRANTED; the Motion to Set Aside Default, ECF No. #20 , is GRANTED. The Clerk of the Court shall VACATE its entry of default, ECF No. 11 . Additionally, Plaintiff's Motion for Default Judgment, ECF No. #13 , is DENIED AS MOOT. ORDERED by Judge Regina M. Rodriguez on 9/28/2023.(angar, )
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| Filing 20 MOTION to Set Aside 11 Clerk's Entry of Default by Defendant United States. (Leneis, Brad) |
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Filing 19
DISREGARD - FILED IN ERROR ORDER granting #17 Motion to Substitute Party. The Court grants #17 the United States of America's Motion to Substitute the United States as Sole Defendant. Pursuant to 28 U.S.C. 2679, the United States is substituted as the Sole Defendant. The Court finds that Plaintiff has failed to rebut the scope-of-employment certification with specific facts. See Hockenberry v. United States, 42 F.4th 1164, 1174 (10th Cir. 2022) (The plaintiff's burden when challenging certification is to rebut the scope-of-employment certification with specific facts.). The caption on all subsequent filings shall reflect the removal of Timothy W. McDonald as a Defendant in this case. SO ORDERED by Judge Regina M. Rodriguez on 9/25/2023. Text Only Entry(rmrja) Modified on 9/27/2023 to show as filed in error per chambers (angar, ).
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| Filing 18 BRIEF in Opposition to #17 MOTION to Substitute Party CASE NO.: 1:23-CV-2005-RMR-MDB filed by Plaintiff Luis Alonso Pinales-Garcia. (Attachments: #1 Receipt Proof of Service Mail, #2 Envelope Certified Mail Receipt, #3 Proposed Order (PDF Only) Proposed Order)(Pinales-Garcia, Luis) |
| Filing 17 MOTION to Substitute Party by Defendant United States. (Attachments: #1 Exhibit McDonald Declaration, #2 Exhibit U.S. Attorney Certification)(Leneis, Brad) |
| Filing 16 NOTICE of Entry of Appearance by Brad E. Leneis on behalf of United StatesAttorney Brad E. Leneis added to party United States(pty:dft) (Leneis, Brad) |
| Filing 15 SUPPLEMENT/AMENDMENT to 14 Order Referring Motion, CASE NO.: 1:23-CV-2005-RMR-MDB by Plaintiff Luis Alonso Pinales-Garcia. (Attachments: #1 Receipt Proof of Service Mail, #2 Envelope Certified Mail Receipt, #3 Proposed Order (PDF Only) Amended Proposed Order, #4 Appendix Exhibit Cover Page, #5 Exhibit Exhibit "A", #6 Exhibit Exhibit "B")(Pinales-Garcia, Luis) |
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Filing 14
ORDER REFERRING MOTION: #13 Proposed MOTION for Default Judgment as to CASE NO.: 1:23-CV-2005-RMR-MDB filed by Luis Alonso Pinales-Garcia. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge Regina M. Rodriguez on 9/18/2023. Text Only Entry (rmrja)
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| Filing 13 Proposed MOTION for Default Judgment as to CASE NO.: 1:23-CV-2005-RMR-MDB by Plaintiff Luis Alonso Pinales-Garcia. (Attachments: #1 Receipt, #2 Envelope, #3 Proposed Order (PDF Only), #4 Appendix, #5 Exhibit, #6 Exhibit)(Pinales-Garcia, Luis) |
| Filing 12 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re : #8 Amended Complaint, #9 NOTICE of Proof of Service Mail, #10 MOTION for Entry of Default as to filed by Pro Se E-Filer Luis Alonso Pinales-Garcia. The document was not filed electronically. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.1(a) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (angar, ) |
| Filing 11 VACATED Clerk's ENTRY OF DEFAULT as to Timothy W. McDonald re #10 MOTION for Entry of Default as to, by Clerk. Text Only Entry (angar, ) Modified on 9/28/2023 to show as vacated pursuant to #21 Order (angar, ). |
| Filing 10 MOTION for Entry of Default, by Plaintiff Luis Alonso Pinales-Garcia. (angar, ) |
| Filing 9 NOTICE of Proof of Service Mail, by Plaintiff Luis Alonso Pinales-Garcia (angar, ) |
| Filing 8 AMENDED COMPLAINT against Timothy W. McDonald, filed by Luis Alonso Pinales-Garcia.(angar, ) |
| Filing 7 SUMMONS Returned Executed by Luis Alonso Pinales-Garcia. Timothy W. McDonald served on 8/11/2023, answer due 9/1/2023. (angar, ) |
| Filing 6 CERTIFICATE of Service by Mail by Clerk of Court re #5 Order Directing Plaintiff to File an Amended Complaint mailed to: Luis Alonso Pinales-Garcia, 6959 Peachleaf Drive, Colorado Springs, CO 80925-9649. Text Only Entry (athom, ) |
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Filing 5
ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT. If Mr. Pinales-Garcia wishes to pursue any claims in this action, he shall file an amended complaint on or before September 11, 2023. If Mr. Pinales-Garcia fails to file an amended complaint within the time allowed, or if Mr. Pinales-Garcia's amended complaint does not comply with Federal Rule of Civil Procedure 8, the Court will recommend the dismissal of this action without further notice. By Magistrate Judge Maritza Dominguez Braswell on 08/10/2023. (athom, )
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Filing 4
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 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 8/8/2023. Text Only Entry (rmrja, )
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| Filing 3 SUMMONS and Magistrate Consent Form Issued Over the Counter by clerk. (Attachments: #1 Magistrate Judge Consent Form) (norlin, ) |
| Filing 2 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT against Timothy W. McDonald Filing Fee: $402.00Receipt Number:107836, filed by Luis Alonso Pinales-Garcia. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(norlin, ) |
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