Huffacker v. Naphcare, Inc. et al
| Derrick Huffacker |
| Naphcare, Inc. and James Rice |
| 1:2024cv02881 |
| October 17, 2024 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Regina M Rodriguez |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 CERTIFICATE of Mailing by USPS by Clerk of Court re 36 Order on Motion to Dismiss to Derrick Huffacker at 486 Sun Dr. Grand Junction, CO 81504. Text Only Entry. (echa, ) |
Filing 36
ORDER denying as moot #13 Motion to Dismiss. In light of the parties' settlement #34 , the Motion to Dismiss is denied as moot. SO ORDERED by Judge Regina M. Rodriguez on 12/13/2024. Text Only Entry(rmrja)
|
|
Motion(s) No Longer Referred: #13 MOTION to Dismiss . SO ORDERED by Judge Regina M. Rodriguez on 12/13/2024. Text Only Entry. (ccuen, )
|
| Filing 35 MINUTE ORDER: In light of the Parties settlement at ECF #34 , the Parties shall file dismissal papers on or before January 13, 2025. Further, the Court vacates the Scheduling Conference set for December 16, 2024 and all related deadlines. Entered by Chief Magistrate Judge Michael E. Hegarty on 12/12/24. Text Only Entry (mehlc8) |
| Filing 34 MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 12/12/2024. (cthom, ) |
| Filing 33 Proposed Scheduling Order by Defendants Naphcare, Inc., James Rice. (Williams, Zachary) |
| Filing 32 MINUTE ORDER: This matter is before the Court on ECF #22 the Court's Minute Order resetting the Scheduling Conference. Pursuant to that Order, the Parties' joint proposed Scheduling Order was due yesterday. ECF #22 at 2. No such document has been filed on the Docket nor sent to Chambers. See Docket. The Parties shall file their joint proposed Scheduling Order on the Docket and email a Word copy of the same to Chambers on or before Thursday, December 12, 2024. Upon receipt, Defendants shall forward a copy of this Minute Order to pro se Plaintiff via email. Entered by Chief Magistrate Judge Michael E. Hegarty on 12/10/2024. Text Only Entry (mehlc8) |
| Filing 31 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Oral Argument Hearing held on 12/2/2024. The #28 Unopposed Motion to Withdraw as Attorney is GRANTED. FTR: A501. (cthom, ) Modified to correct text on 12/2/2024 (cthom, ). |
|
Filing 30
MINUTE ORDER: The Court will hear oral argument on Plaintiff's Unopposed Motion to Withdraw as Attorneys of Record on December 2, 2024 at 11:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. In addition to Plaintiff's and Defendants' counsel, Plaintiff Derrick Huffacker himself is ordered to personally attend the oral argument. Entered by Magistrate Judge Michael E. Hegarty on 11/25/2024. (dgumb, )
|
|
Filing 29
ORDER REFERRING MOTION: #28 Unopposed MOTION to Withdraw as Attorney filed by Derrick Huffacker.Motion referred to Magistrate Judge Michael E. Hegarty by Judge Regina M. Rodriguez on 11/22/2024. Text Only Entry (rmrja)
|
| Filing 28 Unopposed MOTION to Withdraw as Attorney by Plaintiff Derrick Huffacker. (Attachments: #1 Proposed Order (PDF Only))(Roberts, James) |
|
Filing 27
ORDER REFERRING MOTION: #13 MOTION to Dismiss filed by James Rice, Naphcare, Inc. Motion referred to Chief Magistrate Judge Michael E. Hegarty by Judge Regina M. Rodriguez on 11/19/2024. Text Only Entry (rmrja)
|
|
Filing 26
ORDER REFERRING CASE to Chief Magistrate Judge Michael E. Hegarty. 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 11/19/2024. Text Only Entry (rmrja)
|
| Filing 25 CASE REASSIGNED. Pursuant to #23 Consent to Jurisdiction of Magistrate Judge. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Chief Magistrate Judge Michael E. Hegarty. All parties do not consent. All future pleadings should be designated as 24-cv-2881-RMR. (Text Only Entry) (dgumb, ) |
|
Filing 24
MINUTE ORDER: Pursuant to the consent form filed by the Parties declining consent under D.C.COLO.LCivR 40.1(c) [ECF #23 ], the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). Entered by Magistrate Judge Michael E. Hegarty on 11/19/2024. (dgumb, )
|
| Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Defendants Naphcare, Inc., James Rice All parties do not consent.. (Williams, Zachary) |
|
Filing 22
MINUTE ORDER: Magistrate Consent Form due 12/9/2024. Proposed Scheduling Order due 12/9/2024. Scheduling Conference reset for 12/16/2024 11:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Entered by Magistrate Judge Michael E. Hegarty on 11/19/2024. (dgumb, )
|
|
Filing 21
ORDER granting in part and denying in part ECF #18 Plaintiff's Motion for Extension of Time to respond to Defendants' Motion to Dismiss. It seems to the Court that there are some factual disputes between the Parties about exactly when Plaintiff was put on notice of this lawsuit, and neither Parties' hands are clean in the matter. Thus, for some good cause shown, and in the interest of fairness and judicial efficiency, the Court extends Plaintiff's deadline to respond to #13 Defendants' Motion to Dismiss to December 4, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 11/15/2024. Text Only Entry (mehlc8)
|
| Filing 20 BRIEF in Opposition to #18 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss filed by Defendants Naphcare, Inc., James Rice. (Williams, Zachary) |
| Filing 19 MINUTE ORDER: Before the Court is #18 Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. Plaintiff indicates that Defendants oppose the Motion. Id. at 2, 5. Defendants shall file a brief Response on the Docket explaining their opposition by close of business tomorrow, November 15, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 11/14/2024. Text Only Entry (mehlc8) |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss by Plaintiff Derrick Huffacker. (Attachments: #1 Proposed Order (PDF Only))(Roberts, James) |
| Filing 17 NOTICE of Entry of Appearance by Scott Howard Palmer on behalf of Derrick HuffackerAttorney Scott Howard Palmer added to party Derrick Huffacker(pty:pla) (Palmer, Scott) |
| Filing 16 NOTICE of Entry of Appearance by James Painter Roberts on behalf of Derrick HuffackerAttorney James Painter Roberts added to party Derrick Huffacker(pty:pla) (Roberts, James) |
|
Filing 15
MINUTE ORDER: For good cause shown, the Court hereby grants Defendants' unopposed "Motion to Restrict ECF Dox. #13 -1 Through #13 -2 and Brief in Support." ECF #14 . Pursuant to D.C.COLO.LCivR 7.2, the Clerk of Court is directed to place and maintain ECFs #13 -1 and #13 -2 under Level One Restricted Access until further order of the Court. As a reminder for the future, "[a] document subject to a motion to restrict shall be filed as a restricted document and shall be subject to restriction until the motion is determined by the court." D.C.COLO.LCivR 7.2(e). The documents subject to restriction here were originally filed on the public docket, not under any restriction. Entered by Magistrate Judge Michael E. Hegarty on 10/25/2024.(dgumb, )
|
| Filing 14 MOTION to Suppress Restrict Medical Records by Defendants Naphcare, Inc., James Rice. (Williams, Zachary) |
| Filing 13 MOTION to Dismiss by Defendants Naphcare, Inc., James Rice. (Attachments: #1 Exhibit 1 - NaphCare records, #2 Exhibit 2 - WoundDoctor records)(Williams, Zachary) Modified on 10/25/2024 to place ECF #13 -1 and #13 -2 under level 1 restriction per #15 Minute Order (dgumb, ). |
|
Filing 12
MINUTE ORDER: The above captioned case has been directly assigned to Chief Magistrate Judge Michael E. Hegarty pursuant to D.C.COLO.LCivR 40.1. Magistrate Consent Form due 11/18/2024. Proposed Scheduling Order due 11/18/2024. Scheduling Conference set for 11/25/2024 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. It is ORDERED that Defendants shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. Entered by Magistrate Judge Michael E. Hegarty on 10/22/2024. (dgumb, )
|
| Filing 11 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, ) |
|
Filing 10
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 22 October 2024. Accordingly, it is ordered that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. Case randomly reassigned to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings shall be designated: 24-cv-02881-MEH. (cmadr, )
|
| Filing 9 NOTICE of Entry of Appearance by Zachary Eaton Williams on behalf of Naphcare, Inc., James RiceAttorney Zachary Eaton Williams added to party Naphcare, Inc.(pty:dft) (Williams, Zachary) |
| Filing 8 NOTICE of Entry of Appearance by Brenda S. McClearn on behalf of Naphcare, Inc., James Rice (McClearn, Brenda) |
| Filing 7 Case assigned to Magistrate Judge Richard T. Gurley. Text Only Entry (efoga, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of District Court Civil Summons upon James Rice on 10/1/2024 (efoga, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of District Court Civil Summons, and Original Complaint and Jury Demand upon Naphcare, Inc. on 9/30/2024 (efoga, ) |
| Filing 4 ORIGINAL COMPLAINT AND JURY DEMAND against Naphcare, Inc., James Rice, filed by Derrick Huffacker.(efoga, ) |
| Filing 3 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (efoga, ) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by James Rice, Naphcare, Inc. from District Court, Mesa County Colorado, Case Number 24CV30331. (Filing fee $ 405, Receipt Number ACODC-9937021), filed by James Rice, Naphcare, Inc.. (Attachments: #1 Exhibit Original Complaint and Jury Demand, #2 Exhibit Return of Service of Defendant NaphCare, Inc., #3 Exhibit Return of Service of Defendant James Rice, #4 Exhibit Notice of Removal of Case No. 2024CV030331 to Federal Court)(McClearn, Brenda) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
