Cleveland v. Van Beek et al
| Albert E. Cleveland, III and Albert (I) E. Cleveland, III |
| James Van Beek, James (I) Van Beek, Gregory Van Wyk, Gregory (I) Van Wyk, Dan Loya, Dan (I) Loya, Anthony Valdez, Anthony (I) Valdez, Andrew Vigil, Andrew (I) Vigil, O'Neill, FNU (I) O'Neill, Eagle County Sheriff's Office, Eagle County Board of Commissioners, WellPath, LLC and Colorado West Regional Mental Health doing business as Mind Springs Health Inc |
| 1:2023cv03180 |
| December 1, 2023 |
| US District Court for the District of Colorado |
| N Reid Neureiter |
| Regina M Rodriguez |
| Prisoner - Prison Condition |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
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Filing 38
MINUTE ORDER Wellpath, LLC's Motion to Exceed Page Limit for Its Motion to Dismiss Plaintiffs Complaint (Dkt. #35 ) is GRANTED. The Court accepts Wellpath, LLC's Motion to Dismiss (Dkt. #36 ) as filed. Plaintiffs shall file their opposition to the motion within 21 days of today's date, in accordance with D.C.COLO.LCivR7.1(d). PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 1/29/2024.(norlin, )
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Filing 37
ORDER REFERRING MOTIONS: #35 MOTION for Leave to File Excess Pages for its Motion to Dismiss Plaintiffs' Complaint filed by WellPath, LLC, #36 MOTION to Dismiss for Failure to State a Claim filed by WellPath, LLC. Motions referred to Magistrate Judge N. Reid Neureiter by Judge Regina M. Rodriguez on 1/26/2024. Text Only Entry (rmrja)
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| Filing 36 MOTION to Dismiss for Failure to State a Claim by Defendant WellPath, LLC. (Rood, Kristina) |
| Filing 35 MOTION for Leave to File Excess Pages for its Motion to Dismiss Plaintiffs' Complaint by Defendant WellPath, LLC. (Rood, Kristina) |
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Filing 34
MINUTE ORDER Wellpath's Unopposed Motion to Extend Deadline to Respond to Plaintiffs' Complaint (Dkt. #32 ) is GRANTED. Defendant Wellpath, LLC shall answer or otherwise respond to Plaintiffs' Complaint on or before January 26, 2024. PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 1/19/2023.(norlin, )
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Filing 33
ORDER REFERRING MOTION: #32 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, filed by WellPath, LLC. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Regina M. Rodriguez on 1/19/2024. Text Only Entry (rmrja)
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| Filing 32 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant WellPath, LLC. (Rood, Kristina) |
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Filing 31
MINUTE ORDER The Unopposed Motion for Extension of Time to Respond to Pleadings (Dkt. #29 ) is GRANTED. Defendant Colorado West Regional Mental Health d/b/a Mind Springs Health, Inc. shall answer or otherwise respond to Plaintiffs' Complaint on or before February 16, 2024. PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 1/11/2024.(norlin, )
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Filing 30
ORDER REFERRING MOTION: #29 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, filed by Colorado West Regional Mental Health. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Regina M. Rodriguez on 1/10/2024. Text Only Entry (rmrja)
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| Filing 29 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant Colorado West Regional Mental Health. (Clark, Stephanie) |
| Filing 28 NOTICE of Entry of Appearance by Stephanie Lynn Clark on behalf of Colorado West Regional Mental HealthAttorney Stephanie Lynn Clark added to party Colorado West Regional Mental Health(pty:dft) (Clark, Stephanie) |
| Filing 27 NOTICE of Entry of Appearance by Theodore Charles Hosna on behalf of Colorado West Regional Mental HealthAttorney Theodore Charles Hosna added to party Colorado West Regional Mental Health(pty:dft) (Hosna, Theodore) |
| Filing 26 SUMMONS Returned Executed by Albert E. Cleveland, III, Albert (I) E. Cleveland, III. Colorado West Regional Mental Health served on 12/22/2023, answer due 1/12/2024. (Walsh, Sean) |
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Filing 25
MINUTE ORDER The Unopposed Motion to Extend Deadline to Respond to Plaintiffs' Complaint (Dkt. #23 ) is GRANTED. Defendant Wellpath, LLC shall answer or otherwise respond to Plaintiffs' Complaint on or before January 19, 2024. PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 12/29/2023.(norlin, )
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Filing 24
ORDER REFERRING MOTION: #23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, filed by WellPath, LLC. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Regina M. Rodriguez on 12/28/2023. (kmyha)
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| Filing 23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant WellPath, LLC. (Rood, Kristina) |
| Filing 22 NOTICE of Entry of Appearance by Kristina R. Rood on behalf of WellPath, LLCAttorney Kristina R. Rood added to party WellPath, LLC(pty:dft) (Rood, Kristina) |
| Filing 21 NOTICE of Entry of Appearance by Ashlee B. Hesman on behalf of WellPath, LLCAttorney Ashlee B. Hesman added to party WellPath, LLC(pty:dft) (Hesman, Ashlee) |
| Filing 20 NOTICE of Entry of Appearance by Daniel Patrick Struck on behalf of WellPath, LLCAttorney Daniel Patrick Struck added to party WellPath, LLC(pty:dft) (Struck, Daniel) |
| Filing 19 SUMMONS issued by Clerk on 12/20/2023. (angar, ) |
| Filing 18 SUMMONS REQUEST as to Colorado West Regional Mental Health dba Mind Springs re #1 Complaint,, by Plaintiffs Albert E. Cleveland, III, Albert (I) E. Cleveland, III. (Walsh, Sean) |
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Filing 17
MINUTE ORDER The Unopposed Motion for Unified Responsive Pleading Deadline to Plaintiffs' Complaint (Dkt. #15 ) is GRANTED. Defendants James Van Beek, Gregory Van Wyk, Dan Loya, Anthony Valdez, Andrew Vigil, Deputy O'Neill, the Eagle County Sheriff's Office, and the Eagle County Board of Commissioners shall answer or otherwise respond to Plaintiffs' Complaint on or before February 9, 2024. PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 12/19/2023.(norlin, )
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Filing 16
ORDER REFERRING MOTION: #15 Unopposed MOTION for Extension of Time to for Unified Responsive Pleading Deadline to Plaintiffs' Complaint filed by Anthony (I) Valdez, Dan (I) Loya, Dan Loya, Eagle County Sheriff's Office, Andrew Vigil, Gregory Van Wyk, FNU (I) O'Neill, James (I) Van Beek, Eagle County Board of Commissioners, Anthony Valdez, Andrew (I) Vigil, O'Neill, James Van Beek, Gregory (I) Van Wyk. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Regina M. Rodriguez on 12/19/2023. Text Only Entry (rmrja)
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| Filing 15 Unopposed MOTION for Extension of Time to for Unified Responsive Pleading Deadline to Plaintiffs' Complaint by Defendants Eagle County Board of Commissioners, Eagle County Sheriff's Office, Dan Loya, Dan (I) Loya, O'Neill, FNU (I) O'Neill, Anthony Valdez, Anthony (I) Valdez, James Van Beek, James (I) Van Beek, Gregory Van Wyk, Gregory (I) Van Wyk, Andrew Vigil, Andrew (I) Vigil. (Goldfarb, David) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Albert E. Cleveland, III, Albert (I) E. Cleveland, III. Gregory Van Wyk waiver sent on 12/11/2023, answer due 2/9/2024. (Walsh, Sean) |
| Filing 13 SUMMONS Returned Executed by All Plaintiffs. Eagle County Sheriff's Office served on 12/5/2023, answer due 12/26/2023. (Walsh, Sean) |
| Filing 12 SUMMONS Returned Executed by All Plaintiffs. Andrew Vigil served on 12/5/2023, answer due 12/26/2023. (Walsh, Sean) |
| Filing 11 SUMMONS Returned Executed by All Plaintiffs. O'Neill served on 12/5/2023, answer due 12/26/2023. (Walsh, Sean) |
| Filing 10 SUMMONS Returned Executed by All Plaintiffs. Dan Loya served on 12/5/2023, answer due 12/26/2023. (Walsh, Sean) |
| Filing 9 SUMMONS Returned Executed by All Plaintiffs. Anthony Valdez served on 12/5/2023, answer due 12/26/2023. (Walsh, Sean) |
| Filing 8 SUMMONS Returned Executed by All Plaintiffs. Eagle County Board of Commissioners served on 12/5/2023, answer due 12/26/2023. (Walsh, Sean) |
| Filing 7 SUMMONS Returned Executed by All Plaintiffs. James Van Beek served on 12/5/2023, answer due 12/26/2023. (Walsh, Sean) |
| Filing 6 SUMMONS Returned Executed by All Plaintiffs. WellPath, LLC served on 12/6/2023, answer due 12/27/2023. (Walsh, Sean) |
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Filing 5
ORDER SETTING SCHEDULING/PLANNING CONFERENCE IT IS HEREBY ORDERED that Plaintiffs shall promptly serve Defendants. A Scheduling/Planning Conference pursuant to Fed. R. Civ. P. 16(b) shall be held on: February 29, 2024 at 11:30 a.m. in Courtroom C-203, Second Floor, Byron G. Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado 80294. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a motion is filed no less than FIVE (5) business days in advance of the date of appearance. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 12/4/2023. (norlin, )
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Filing 4
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 12/4/2023. Text Only Entry (rmrja)
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (blaws) |
| Filing 2 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (blaws) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 405,Receipt Number ACODC-9421554)Attorney Sean Bradley Walsh added to party Albert E. Cleveland III(pty:pla), Attorney Sean Bradley Walsh added to party Nancy Cleveland, Estate of(pty:pla), filed by Albert E. Cleveland III, Nancy Cleveland, Estate of. (Attachments: #1 Summons Van Beek, #2 Summons Van Wyk, #3 Summons Loya, #4 Summons Valdez, #5 Summons Vigil, #6 Summons O'Neill, #7 Summons ECSO, #8 Summons EC Bd of Commissioners, #9 Summons Wellpath, #10 Summons Mind Springs, #11 Civil Cover Sheet)(Walsh, Sean) |
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