Rivers v. Erickson et al
| Bernard Kenneth Rivers, Jr. |
| Rachael Erickson, Rachael (I) Erickson, Polly Brock, Polly (I) Brock, Steven Bernard, Steven (I) Bernard and State of Colorado |
| 1:2023cv03233 |
| December 7, 2023 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 CERTIFICATE of Mailing/Service re 18 Order sent to Bernard Kenneth Rivers, Jr.at 4355 24th Street #2903 Greeley, CO 80634. (jrobe, ) |
Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 01/29/24. IT IS ORDERED:1. Pursuant to Fed. R. Civ. P. 16(b) and Local Civil Rule 16.1, the Court shall hold a scheduling conference on: March 20, 2024 at 11:30 AM in Courtroom A-402, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. Please remember that anyone seeking entry into the courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2(b). 2. At least 21 days in advance of the scheduling conference, the parties shall meet and attempt to agree upon a scheduling order pursuant to Fed. R. Civ. P. 26(f). 3. On or before March 13, 2024, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2. (jrobe, )
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| Filing 20 CERTIFICATE of Service by USPS by Clerk of Court re 19 Order, to Bernard Kenneth Rivers, Jr 4355 24th Street #2903 Greeley, CO 80634. Text Only Entry (norlin, ) |
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Filing 19
ORDER The Court construes the #10 Objection to be a motion to reconsider (Motion) the Court's 9 Order granting the State Defendants' Motion for an Extension of Time. The Court DENIES the Motion. SO ORDERED by U.S. District Judge S. Kato Crews on 1/29/2024. Text Only Entry (skcja, )
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Filing 18
ORDER denying #11 Opposed Motion for Default Judgment (the "Motion"). Pursuant to Rule 55, "[e]ntry of a default judgment involves a two-step process." Meyers v. Pfizer, Inc., 581 F. App'x 708, 710 (10th Cir. 2014) (citing Fed. R. Civ. P. 55(a)&(b)). If the defendant fails to timely respond to the complaint, the plaintiff can request entry of a default by the court clerk pursuant to Rule 55(a). Id. If the clerk enters a default, the plaintiff can then ask the court to grant a default judgment. Id. Here, Plaintiff has not yet completed step one of this process, i.e., Plaintiff has not obtained an entry of default from the Clerk of Court pursuant to Rule 55(a). While Plaintiff makes reference to Rule 55(a) in the Motion, his requested relief is a default judgment. [See #11 at 3] Accordingly, the Court DENIES #11 Motion for Default Judgment. The Clerk of Court is instructed to mail a copy of this Order to pro se Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/29/2024. Text Only Entry(stvlc4, ) Modified to correct text on 1/29/2024 (jrobe, ).
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| Filing 17 Objection to #13 MOTION to Dismiss filed by Plaintiff Bernard Kenneth Rivers, Jr. (norlin, ) |
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Filing 16
ORDER REFERRING MOTION: #13 MOTION to Dismiss filed by Steven Bernard, Polly (I) Brock, Rachael (I) Erickson, Polly Brock, Rachael Erickson, Steven (I) Bernard, State of Colorado referred to Magistrate Judge Scott T. Varholak. By U.S. District Judge S. Kato Crews on 1/19/2024. Text Only Entry (skcja, )
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Filing 15
ORDER REFERRING MOTION: #11 MOTION for Default Judgment filed by Bernard Kenneth Rivers, Jr. referred to Magistrate Judge Scott T. Varholak. By U.S. District Judge S. Kato Crews on 1/18/2024. Text Only Entry (skcja, )
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By U.S. District Judge S. Kato Crews on 1/18/2024. Text Only Entry (skcja, )
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| Filing 13 MOTION to Dismiss by Defendants Steven Bernard, Steven (I) Bernard, Polly Brock, Polly (I) Brock, Rachael Erickson, Rachael (I) Erickson, State of Colorado. (Katarikawe, Andrew) |
| Filing 12 CHANGE IN JUDICIAL OFFICER DESIGNATION. Due to the recent appointment of Magistrate Judge S. Kato Crews as a United States District Judge, this action will now be updated to reflect his new designation as District Judge S. Kato Crews. District Judge Crews shall retain assignment to this action as presiding judge and Magistrate Judge Scott T. Varholak is drawn as referral judge. All future pleadings should be designated as 23-cv-03233-SKC. (Text only entry) (agarc, ) |
| Filing 11 Opposed Motion for Default Judgment by Plaintiff Bernard Kenneth Rivers, Jr. (sphil, ) |
| Filing 10 OBJECTIONS to [#9] Order on Motion for Extension of Time to Answer or Otherwise Respond, by Plaintiff Bernard Kenneth Rivers, Jr. (sphil, ) |
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Filing 9
ORDER granting #8 State Defendants' Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. The Court rules prior to receiving a response from Plaintiff. See D.C.COLO.LCivR 7.1(d). The Court ORDERS Defendants to file their responsive pleading on or before 1/18/2024. SO ORDERED by Magistrate Judge S. Kato Crews on 12/22/2023. Text Only Entry(skclc3)
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| Filing 8 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Steven Bernard, Steven (I) Bernard, Polly Brock, Polly (I) Brock, Rachael Erickson, Rachael (I) Erickson, State of Colorado. (Attachments: #1 Exhibit Email conferral)(Katarikawe, Andrew) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jrobe, ) |
| Filing 6 SUMMONS Returned Executed by Bernard Kenneth Rivers, Jr. Rachael Erickson served on 12/7/2023, answer due 12/28/2023. (sphil, ) |
| Filing 5 MEMORANDUM RETURNING CASE by Senior Judge William J. Martinez. This case is randomly reassigned to Magistrate Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 23-cv-03233-SKC (jrobe, ) |
| Filing 4 SUMMONS issued over-the-counter by Clerk. (blaws) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) |
| Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (blaws) |
| Filing 1 COMPLAINT against Steven Bernard, Steven (I) Bernard, Polly Brock, Polly (I) Brock, Rachael Erickson, Rachael (I) Erickson, State of Colorado (Filing Fee: $405.00, Receipt Number: 109084), filed by Bernard Kenneth Rivers, Jr. (Attachments: #1 Exhibits) (blaws) |
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