Bellinsky v. Galan et al
| Jacob Bellinsky |
| Rachel Zinna Galan, Steven James Lazar, Andrew Newton Hart, Terri Meredith, Ryan Paul Loewer, Bryce David Allen, Jeffrey Ralph Pilkington, Brian Dale Boatright and State of Colorado |
| 1:2023cv03163 |
| November 30, 2023 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 53
ORDER This matter is before the Court upon #51 Amended Motion to Stay (the "Amended Motion"). The previously filed #48 Motion to Stay is DENIED as MOOT. The Court adopts the briefing schedule set forth in 50 Minute Order for the Amended Motion. Accordingly, Plaintiff shall respond to the Amended Motion on or before 2/7/2024. Defendants may reply on or before 2/13/2024. The Court will take up the Amended Motion at the Motion Hearing set for 2/15/2024 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Telephonic appearances will be permitted, and may be made by calling 571-353-2301 at the scheduled time and utilizing Meeting ID: 252821415#. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/25/2024. Text Only Entry(stvlc4, )
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| Filing 52 MEMORANDUM regarding #51 Amended MOTION to Stay filed by Ryan Paul Loewer, Bryce David Allen, Terri Meredith, Brian Dale Boatright, Jeffrey Ralph Pilkington, State of Colorado. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 1/25/2024. Text Only Entry (pabsec, ) |
| Filing 51 Amended MOTION to Stay by Defendants Bryce David Allen, Brian Dale Boatright, Ryan Paul Loewer, Terri Meredith, Jeffrey Ralph Pilkington, State of Colorado. (Ailer, Allison) |
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Filing 50
MINUTE ORDER This matter is before the Court on #48 Defendants' Motion to Stay (the "Motion"). Plaintiff shall respond on or before 2/7/2024. Defendants may reply on or before 2/13/2024. The Scheduling Conference set for 2/15/2024 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak is CONVERTED to a Motion Hearing, set for the same time. Telephonic appearances will be permitted, and may be made by calling 571-353-2301 at the scheduled time and utilizing Meeting ID: 252821415#. All deadlines set forth in #40 Order Setting Scheduling Conference are VACATED, to be reset if needed following a ruling on the Motion. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/25/2024. Text Only Entry (stvlc4, )
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| Filing 49 MEMORANDUM regarding #48 Joint MOTION to Stay filed by Ryan Paul Loewer, Bryce David Allen, Terri Meredith, Brian Dale Boatright, Jeffrey Ralph Pilkington, State of Colorado. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 1/24/2024. Text Only Entry (pabsec, ) |
| Filing 48 Joint MOTION to Stay by Defendants Bryce David Allen, Brian Dale Boatright, Ryan Paul Loewer, Terri Meredith, Jeffrey Ralph Pilkington, State of Colorado. (Ailer, Allison) |
| Filing 47 REPLY to Response to #27 MOTION to Dismiss filed by Defendants Bryce David Allen, Brian Dale Boatright, Ryan Paul Loewer, Terri Meredith, Jeffrey Ralph Pilkington, State of Colorado. (Ailer, Allison) |
| Filing 46 RESPONSE to #44 MOTION to Dismiss by STEVEN JAMES LAZAR filed by Plaintiff Jacob Bellinsky. (Attachments: #1 Exhibit EXHIBIT 1 - RELEVANT FACTS & BACKGROUND, #2 Exhibit EXHIBIT 2 - LAZAR PROTECTION ORDER)(Bellinsky, Jacob) |
| Filing 45 MEMORANDUM regarding #44 MOTION to Dismiss filed by Steven James Lazar. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 1/18/2024. Text Only Entry (pabsec, ) |
| Filing 43 RESPONSE to #38 MOTION to Dismiss by RACHEL ZINNA GALAN filed by Plaintiff Jacob Bellinsky. (Attachments: #1 Exhibit EXHIBIT 1 - EMERGENCY MOTION per RULE 60, #2 Exhibit EXHIBIT 2 - ON VOID ORDERS)(Bellinsky, Jacob) |
| Filing 44 MOTION to Dismiss, by Defendant Steven James Lazar. (dgumb, ) |
| Filing 42 RESPONSE to #27 MOTION to Dismiss by STATE DEFENDANTS filed by Plaintiff Jacob Bellinsky. (Attachments: #1 Exhibit EXHIBIT 1 - CC2-Supp3 to Response to THE STATE DEFENDANTS' MOTION TO DISMISS)(Bellinsky, Jacob) |
| Filing 41 RESPONSE to #30 MOTION to Dismiss for Failure to State a Claim by ANDREW NEWTON HART filed by Plaintiff Jacob Bellinsky. (Attachments: #1 Exhibit EXHIBIT 1 - CC1-Supp2 to Response to HART's Motion to Dismiss)(Bellinsky, Jacob) |
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Filing 40
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 1/16/2024. Joint Proposed Scheduling Order due 2/8/2024. Scheduling Conference set for 2/15/2024 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, )
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| Filing 39 MEMORANDUM regarding #38 MOTION to Dismiss filed by Rachel Zinna Galan. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 1/16/2024. Text Only Entry (pabsec, ) |
| Filing 38 MOTION to Dismiss by Defendant Rachel Zinna Galan. (jtorr, ) |
| Filing 37 SUMMONS Returned Executed by Jacob Bellinsky. Steven James Lazar served on 12/28/2023, answer due 1/18/2024. (Bellinsky, Jacob) |
| Filing 36 SUMMONS Returned Executed by Jacob Bellinsky. Rachel Zinna Galan served on 12/28/2023, answer due 1/18/2024. (Bellinsky, Jacob) |
| Filing 35 Summons Returned Unexecuted by Jacob Bellinsky as to Steven James Lazar. (Bellinsky, Jacob) |
| Filing 34 Summons Returned Unexecuted by Jacob Bellinsky as to Rachel Zinna Galan. (Bellinsky, Jacob) |
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Filing 33
ORDER granting #22 Motion for Extension of Time to Answer or Otherwise Respond re #22 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, Andrew Newton Hart answer due 1/9/2024. The Court finds that Defendant Hart has provided good cause for a brief extension of his answer deadline. Specifically, the Complaint is long and complex, justifying additional response time. Moreover, the Court finds that Plaintiff will not be prejudiced by the extension given that not all defendants have been served and some of those that have responded have done so through motions to dismiss. So Ordered by Magistrate Judge Scott T. Varholak on 12/28/2023. Text Only Entry(stv, )
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| Filing 32 NOTICE of Change of Address/Contact Information by Plaintiff Jacob Bellinsky (Bellinsky, Jacob) |
| Filing 31 MEMORANDUM regarding #30 MOTION to Dismiss for Failure to State a Claim filed by Andrew Newton Hart. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Philip A. Brimmer on 12/27/2023. Text Only Entry |
| Filing 30 MOTION to Dismiss for Failure to State a Claim by Defendant Andrew Newton Hart. (Champagne, Martin) |
| Filing 29 NOTICE re #22 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Andrew Newton Hart (Champagne, Martin) |
| Filing 28 MEMORANDUM regarding #27 MOTION to Dismiss filed by Ryan Paul Loewer, Bryce David Allen, Terri Meredith, Brian Dale Boatright, Jeffrey Ralph Pilkington, State of Colorado. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/26/2023. Text Only Entry (pabsec, ) |
| Filing 27 MOTION to Dismiss by Defendants Bryce David Allen, Brian Dale Boatright, Ryan Paul Loewer, Terri Meredith, Jeffrey Ralph Pilkington, State of Colorado. (Attachments: #1 Exhibit)(Ailer, Allison) |
| Filing 26 NOTICE of Entry of Appearance by Allison R. Ailer on behalf of Bryce David Allen, Brian Dale Boatright, Ryan Paul Loewer, Terri Meredith, Jeffrey Ralph Pilkington, State of ColoradoAttorney Allison R. Ailer added to party Bryce David Allen(pty:dft), Attorney Allison R. Ailer added to party Brian Dale Boatright(pty:dft), Attorney Allison R. Ailer added to party Ryan Paul Loewer(pty:dft), Attorney Allison R. Ailer added to party Terri Meredith(pty:dft), Attorney Allison R. Ailer added to party Jeffrey Ralph Pilkington(pty:dft), Attorney Allison R. Ailer added to party State of Colorado(pty:dft) (Ailer, Allison) |
| Filing 25 REPLY to Response to #22 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Defendant Andrew Newton Hart. (Champagne, Martin) |
| Filing 24 MEMORANDUM regarding #22 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Andrew Newton Hart. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/22/2023. Text Only Entry (pabsec, ) |
| Filing 23 RESPONSE to #22 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, & OBJECTION filed by Plaintiff Jacob Bellinsky. (Attachments: #1 Exhibit 12-21-23 Email from MARTIN J. CHAMPAGNE, JR., #2 Exhibit 12-21-23 Cell Phone Call Log)(Bellinsky, Jacob) |
| Filing 22 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Andrew Newton Hart. (Champagne, Martin) |
| Filing 21 NOTICE of Entry of Appearance by Martin J. Champagne, Jr on behalf of Andrew Newton HartAttorney Martin J. Champagne, Jr added to party Andrew Newton Hart(pty:dft) (Champagne, Martin) |
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Filing 20
ORDER denying #18 Motion. By Magistrate Judge Scott T. Varholak on 12/20/2023.(schap, )
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Filing 19
MEMORANDUM regarding #18 MOTION for Order to Serve Process by a Marshal or Other Means filed by Jacob Bellinsky. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/20/2023. Text Only Entry (pabsec, )
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| Filing 18 MOTION for Order to Serve Process by a Marshal or Other Means by Plaintiff Jacob Bellinsky. (Bellinsky, Jacob) |
| Filing 17 Summons Returned Unexecuted by Jacob Bellinsky as to Steven James Lazar. (Attachments: #1 Affidavit Non-Service)(Bellinsky, Jacob) |
| Filing 16 Summons Returned Unexecuted by Jacob Bellinsky as to Rachel Zinna Galan. (Attachments: #1 Affidavit Non-Service)(Bellinsky, Jacob) |
| Filing 15 Summons Returned Unexecuted by Jacob Bellinsky as to Steven James Lazar. (Bellinsky, Jacob) |
| Filing 14 Summons Returned Unexecuted by Jacob Bellinsky as to Rachel Zinna Galan. (Bellinsky, Jacob) |
| Filing 13 SUMMONS Returned Executed by Jacob Bellinsky. State of Colorado served on 12/6/2023, answer due 12/27/2023. (Bellinsky, Jacob) |
| Filing 12 SUMMONS Returned Executed by Jacob Bellinsky. Jeffrey Ralph Pilkington served on 12/5/2023, answer due 12/26/2023. (Bellinsky, Jacob) |
| Filing 11 SUMMONS Returned Executed by Jacob Bellinsky. Terri Meredith served on 12/5/2023, answer due 12/26/2023. (Bellinsky, Jacob) |
| Filing 10 SUMMONS Returned Executed by Jacob Bellinsky. Ryan Paul Loewer served on 12/5/2023, answer due 12/26/2023. (Bellinsky, Jacob) |
| Filing 9 SUMMONS Returned Executed by Jacob Bellinsky. Andrew Newton Hart served on 12/5/2023, answer due 12/26/2023. (Bellinsky, Jacob) |
| Filing 8 SUMMONS Returned Executed by Jacob Bellinsky. Brian Dale Boatright served on 12/6/2023, answer due 12/27/2023. (Bellinsky, Jacob) |
| Filing 7 SUMMONS Returned Executed by Jacob Bellinsky. Bryce David Allen served on 12/5/2023, answer due 12/26/2023. (Bellinsky, Jacob) |
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for 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 11/30/2023. Text Only Entry (pabsec, )
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| Filing 5 SUMMONS issued over-the-counter by Clerk. (blaws) |
| Filing 4 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (blaws) Modified on 11/30/2023 to correct referral magistrate judge. (blaws) |
| Filing 3 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Jacob Bellinsky: Plaintiff does not consent. (blaws) |
| Filing 2 LETTER re: #1 Verified Complaint, by Plaintiff Jacob Bellinsky. (blaws) |
| Filing 1 VERIFIED COMPLAINT against Bryce David Allen, Brian Dale Boatright, Rachel Zinna Galan, Andrew Newton Hart, Steven James Lazar, Ryan Paul Loewer, Terri Meredith, Jeffrey Ralph Pilkington, State of Colorado (Filing Fee: $402.00, Receipt Number: 109016), filed by Jacob Bellinsky. (Attachments: #1 Civil Cover Sheet, #2 Summons) (blaws) |
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