Bellinsky v. Galan et al
| Jacob Bellinsky |
| Rachel Zinna Galan, Steven James Lazar, Andrew Newton Hart, John Evan Kellner, Eva Elaine Wilson, Raif Edwin Taylor, Gina Parker, Gary Michael Kramer, Palmer L. Boyette, Theresa Michelle Slade, Michelle Ann Amico, Brian Dale Boatright and State of Colorado |
| 1:2023cv03461 |
| December 29, 2023 |
| US 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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| Document Text |
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| Filing 44 RESPONSE to #20 MOTION to Dismiss by GINA PARKER filed by Plaintiff Jacob Bellinsky. (Bellinsky, Jacob) |
| Filing 43 MEMORANDUM regarding #42 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 2/20/2024. Text Only Entry |
| Filing 42 MOTION to Dismiss for Failure to State a Claim by Defendant Andrew Newton Hart. (Champagne, Martin) |
| Filing 41 MEMORANDUM regarding #40 First MOTION to Dismiss Complaint filed by Eva Elaine Wilson, Raif Edwin Taylor, John Evan Kellner. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Philip A. Brimmer on 2/16/2024. Text Only Entry |
| Filing 40 First MOTION to Dismiss Complaint by Defendants John Evan Kellner, Raif Edwin Taylor, Eva Elaine Wilson. (Attachments: #1 Exhibit Exhibit A - 2022M143 Elbert County Record, #2 Exhibit Exhibit B - 2022M152 - Elbert County Records)(Peters, John) |
| Filing 39 SUMMONS Returned Executed by Jacob Bellinsky. Steven James Lazar served on 2/13/2024, answer due 3/5/2024. (Bellinsky, Jacob) |
| Filing 38 SUMMONS Returned Executed by Jacob Bellinsky. Rachel Zinna Galan served on 2/13/2024, answer due 3/5/2024. (Bellinsky, Jacob) |
| Filing 37 SUMMONS Returned Executed by Jacob Bellinsky. State of Colorado served on 2/9/2024, answer due 3/1/2024. (Bellinsky, Jacob) |
| Filing 36 SUMMONS Returned Executed by Jacob Bellinsky. Brian Dale Boatright served on 2/9/2024, answer due 3/1/2024. (Bellinsky, Jacob) |
| Filing 35 SUMMONS Returned Executed by Jacob Bellinsky. Gary Michael Kramer served on 2/8/2024, answer due 2/29/2024. (Bellinsky, Jacob) |
| Filing 34 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) |
| Filing 33 SUMMONS Returned Executed by Jacob Bellinsky. Theresa Michelle Slade served on 2/9/2024, answer due 3/1/2024. (Bellinsky, Jacob) |
| Filing 32 SUMMONS Returned Executed by Jacob Bellinsky. Palmer L. Boyette served on 2/9/2024, answer due 3/1/2024. (Bellinsky, Jacob) |
| Filing 31 SUMMONS Returned Executed by Jacob Bellinsky. Michelle Ann Amico served on 2/8/2024, answer due 2/29/2024. (Bellinsky, Jacob) |
| Filing 30 SUMMONS Returned Executed by Jacob Bellinsky. Raif Edwin Taylor served on 2/8/2024, answer due 2/29/2024. (Bellinsky, Jacob) |
| Filing 29 Summons Returned Unexecuted by Jacob Bellinsky as to State of Colorado. (Bellinsky, Jacob) |
| Filing 28 Summons Returned Unexecuted by Jacob Bellinsky as to Brian Dale Boatright. (Bellinsky, Jacob) |
| Filing 27 Summons Returned Unexecuted by Jacob Bellinsky as to Michelle Ann Amico. (Bellinsky, Jacob) |
| Filing 26 Summons Returned Unexecuted by Jacob Bellinsky as to Palmer L. Boyette. (Bellinsky, Jacob) |
| Filing 25 Summons Returned Unexecuted by Jacob Bellinsky as to Theresa Michelle Slade. (Bellinsky, Jacob) |
| Filing 24 Summons Returned Unexecuted by Jacob Bellinsky as to Gary Michael Kramer. (Bellinsky, Jacob) |
| Filing 23 Summons Returned Unexecuted by Jacob Bellinsky as to Raif Edwin Taylor. (Bellinsky, Jacob) |
| Filing 22 SUMMONS Returned Executed by Jacob Bellinsky. Andrew Newton Hart served on 1/29/2024, answer due 2/20/2024. (Bellinsky, Jacob) |
| Filing 21 MEMORANDUM regarding #20 MOTION to Dismiss filed by Gina Parker. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 2/02/2024. Text Only Entry (pabsec, ) |
| Filing 20 MOTION to Dismiss by Defendant Gina Parker. (Ailer, Allison) |
Filing 19
ORDER This matter is before the Court on #13 MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS VERIFIED COMPLAINT FROM DEFENDANTS EVA WILSON AND JOHN KELLNER (the "Motion"). The Motion requests that the deadline for Defendants Wilson and Kellner be extended to February 23, 2024. Plaintiff opposes the Motion, and represents that, in conferral, Defendants only sought a smaller extension or no extension at all. The Court finds good cause to GRANT the Motion IN PART. At the time the Motion was filed, Defendants expressed uncertainty regarding Mr. Kellner's answer deadline, as no affidavit of service had yet been filed. Such affidavit has since been filed, establishing Mr. Kellner's answer deadline of 2/19/2024. [#15 ] Defendants Wilson and Kellner are represented by the same counsel, who represent that they intend to file a single answer or other response to Plaintiff's complaint. [#13 ] In light of the recent service upon Mr. Kellner, there is good cause to briefly extend Ms. Wilson's deadline in order to accommodate the joint filing. However, now that Mr. Kellner's deadline is clear, the Court finds no good cause at this point to extend that deadline beyond 2/19/2024. Thus, Defendants' request to extend Mr. Kellner's deadline to answer is DENIED without prejudice. Accordingly, the Court EXTENDS Defendant Wilson's deadline to answer or otherwise respond to Plaintiff's Complaint until 2/19/2024. To the extent that Defendants Wilson or Kellner believe that further extension is required, they may so move after conferral with Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/2/2024. Text Only Entry(stvlc4, )
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| Filing 18 RESPONSE to #13 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Verified Complaint from Defendants Eva Wilson and John Kellner AND OBJECTION TO MOTION filed by Plaintiff Jacob Bellinsky. (Attachments: #1 Exhibit EXHIBIT 1 - Email Conferral with Ringel and Stevens)(Bellinsky, Jacob) |
| Filing 17 Summons Returned Unexecuted by Jacob Bellinsky as to Steven James Lazar. (Bellinsky, Jacob) |
| Filing 16 Summons Returned Unexecuted by Jacob Bellinsky as to Rachel Zinna Galan. (Bellinsky, Jacob) |
| Filing 15 SUMMONS Returned Executed by Jacob Bellinsky. John Evan Kellner served on 1/29/2023, answer due 2/19/2023. (Bellinsky, Jacob) |
| Filing 14 MEMORANDUM regarding #13 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Verified Complaint from Defendants Eva Wilson and John Kellner filed by Eva Elaine Wilson, John Evan Kellner. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 2/01/2024. Text Only Entry (pabsec, ) |
| Filing 13 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Verified Complaint from Defendants Eva Wilson and John Kellner by Defendants John Evan Kellner, Eva Elaine Wilson. (Peters, John) |
| Filing 12 NOTICE of Entry of Appearance by John Felix Peters on behalf of John Evan Kellner, Raif Edwin Taylor, Eva Elaine WilsonAttorney John Felix Peters added to party John Evan Kellner(pty:dft), Attorney John Felix Peters added to party Raif Edwin Taylor(pty:dft), Attorney John Felix Peters added to party Eva Elaine Wilson(pty:dft) (Peters, John) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 01/29/2024. 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 10:00 AM. 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 10 NOTICE of Entry of Appearance by Andrew David Ringel on behalf of John Evan Kellner, Raif Edwin Taylor, Eva Elaine WilsonAttorney Andrew David Ringel added to party John Evan Kellner(pty:dft), Attorney Andrew David Ringel added to party Raif Edwin Taylor(pty:dft), Attorney Andrew David Ringel added to party Eva Elaine Wilson(pty:dft) (Ringel, Andrew) |
| Filing 9 SUMMONS Returned Executed by Jacob Bellinsky. Gina Parker served on 1/12/2024, answer due 2/2/2024. (Bellinsky, Jacob) |
| Filing 8 SUMMONS Returned Executed by Jacob Bellinsky. Eva Elaine Wilson served on 1/12/2024, answer due 2/2/2024. (Bellinsky, Jacob) |
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Filing 7
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 1/05/2024. Text Only Entry (pabsec, )
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| Filing 6 SUMMONS issued via USPS to Plaintiff by Clerk. (blaws) |
| Filing 5 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (blaws) |
| Filing 4 LETTER re: judge assignment by Plaintiff Jacob Bellinsky. (blaws) |
| Filing 3 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Jacob Bellinsky: Plaintiff does not consent. (blaws) |
| Filing 2 NOTICE of Related Cases by Jacob Bellinsky. (blaws) |
| Filing 1 VERIFIED COMPLAINT against Michelle Ann Amico, Brian Dale Boatright, Palmer L. Boyette, Rachel Zinna Galan, Andrew Newton Hart, John Evan Kellner, Gary Michael Kramer, Steven James Lazar, Gina Parker, Theresa Michelle Slade, State of Colorado, Raif Edwin Taylor, Eva Elaine Wilson (Filing Fee: $405.00 Receipt Number: 109321), filed by Jacob Bellinsky. (Attachments: #1 Civil Cover Sheet, #2 Summons) (blaws) |
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