Human Rights Defense Center v. Board of County Commissioners for Jefferson County Colorado et al
| Human Rights Defense Center |
| Board of County Commissioners for Jefferson County, Colorado, Reggie Marinelli, Reggie Marinelli (I) and Gary Gittins |
| 1:2025cv00164 |
| January 16, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Timothy P O'Hara |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2025. A more recent docket listing may be available from PACER.
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Filing 21
ORDER denying #6 Motion for Preliminary Injunction by Plaintiff Human Rights Defense Center.Defendants represent that as of February 4, 2025, the Sheriff has altered practices at the Jefferson County Detention Facility to allow Plaintiff's publications. In its Reply, Plaintiff does not dispute that Defendants have altered its policies or contend that its publications are still being rejected, it instead argues that a voluntary cessation does not moot its claims.Because the extraordinary remedy of a preliminary injunction is no longer necessary to prevent any presently ongoing irreparable harm to Plaintiff, Plaintiffs #6 Motion for Preliminary Injunction must be denied. See Schrier v. University of Co., 427 F.3d 1253, 1267 (10th Cir. 2005) (The purpose of a preliminary injunction is not to remedy past harm but to protect plaintiffs from irreparable injury that will surely result without their issuance.). Should Defendants file a motion to dismiss, the Court will address the question of mootness and any other arguments then. SO ORDERED by Judge Daniel D. Domenico on 3/10/2025. Text Only Entry (dddlc10)
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| Filing 20 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Gary Gittins, Reggie Marinelli (I), Reggie Marinelli, Board of County Commissioners for Jefferson County, Colorado. Gary Gittins answer due 3/31/2025; Reggie Marinelli (I) answer due 3/31/2025; Reggie Marinelli answer due 3/31/2025; Board of County Commissioners for Jefferson County, Colorado answer due 3/31/2025. (Klymkowsky, Rebecca) |
| Filing 19 REPLY to Response to #6 MOTION for Preliminary Injunction filed by Plaintiff Human Rights Defense Center. (Killmer, Darold) |
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Filing 18
ORDER granting #17 Motion for Extension of Time to File Reply In Support of Motion for Preliminary Injunction. Plaintiff must file its Reply on or before February 28, 2025. SO ORDERED by Judge Daniel D. Domenico on 2/25/2025. Text Only Entry (dddlc10)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Preliminary Injunction by Plaintiff Human Rights Defense Center. (Killmer, Darold) |
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Filing 16
Order denying #13 Motion to Stay re #6 Motion for Preliminary Injunction. Despite Defendants' motion, they have already filed their Response #14 to Plaintiff's #6 Motion for Preliminary Injunction. Since Plaintiff opposes the Motion to Stay, it will be allowed to file its Reply, due on 02/25/2025. SO ORDERED by Judge Daniel D. Domenico on 2/18/2025. Text Only Entry (dddlc10)
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| Filing 15 SUPPLEMENT/AMENDMENT to #14 Response to Motion, (Ex. A (w attachment) [ECF 14-1]) by Defendants Reggie Marinelli (I), Board of County Commissioners for Jefferson County, Colorado, Reggie Marinelli, Gary Gittins. (Longnecker, Ben) |
| Filing 14 RESPONSE to #6 MOTION for Preliminary Injunction filed by Defendants Reggie Marinelli (I), Board of County Commissioners for Jefferson County, Colorado, Reggie Marinelli, Gary Gittins. (Attachments: #1 Exhibit A-Declaration of G. Mason)(Longnecker, Ben) |
| Filing 13 MOTION to Stay re #6 MOTION for Preliminary Injunction by Defendants Reggie Marinelli (I), Board of County Commissioners for Jefferson County, Colorado, Reggie Marinelli, Gary Gittins. (Longnecker, Ben) |
| Filing 12 NOTICE of Entry of Appearance by Rebecca Philana Klymkowsky on behalf of All Defendants Attorney Rebecca Philana Klymkowsky added to party Reggie Marinelli (I)(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Board of County Commissioners for Jefferson County, Colorado(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Reggie Marinelli(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Gary Gittins (pty:dft) (Klymkowsky, Rebecca) |
| Filing 11 NOTICE of Entry of Appearance by Ben Longnecker on behalf of All Defendants Attorney Ben Longnecker added to party Reggie Marinelli (I)(pty:dft), Attorney Ben Longnecker added to party Board of County Commissioners for Jefferson County, Colorado(pty:dft), Attorney Ben Longnecker added to party Reggie Marinelli(pty:dft), Attorney Ben Longnecker added to party Gary Gittins (pty:dft) (Longnecker, Ben) |
| Filing 10 NOTICE of Entry of Appearance by Jonathan P. Picard on behalf of Human Rights Defense CenterAttorney Jonathan P. Picard added to party Human Rights Defense Center(pty:pla) (Picard, Jonathan) |
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Filing 9
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 01/29/2025. Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on May 8, 2025 at 9:30 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. This is an in-person proceeding. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. (ggill, )
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| Filing 8 WAIVER OF SERVICE Returned Executed by Human Rights Defense Center. Board of County Commissioners for Jefferson County, Colorado waiver sent on 1/16/2025, answer due 3/17/2025; Gary Gittins waiver sent on 1/16/2025, answer due 3/17/2025; Reggie Marinelli waiver sent on 1/16/2025, answer due 3/17/2025; Reggie Marinelli (I) waiver sent on 1/16/2025, answer due 3/17/2025. (Killmer, Darold) |
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Filing 7
ORDER re: #6 Plaintiff's Motion for Preliminary Injunctive Relief filed by Human Rights Defense Center. The plaintiff must, as soon as possible but no later than 05:00 PM on 1/21/2025, serve each defendant with (1) a summons; (2) a copy of the complaint, Doc. #1 , and all exhibits thereto; (3) a copy of the motion, Doc. #6 , and all exhibits thereto; and (4) a copy of this Order in accordance with the requirements of Federal Rule of Civil Procedure 4, and must promptly file proof of such service in accordance with Federal Rule of Civil Procedure 4(l)(1).The defendants must respond to the motion by 2/11/2025, and the plaintiff may file a reply in support of the motion by 2/25/2025.The parties must submit all pertinent exhibits and direct witness testimony (by affidavit or declaration) as attachments to their briefs. After reviewing the defendants' responses and the plaintiff's reply, if any, the Court will determine whether to (a) set a preliminary-injunction hearing, (b) request supplemental briefing from the parties on specific legal or factual questions, or (c) decide the motion on the papers submitted. Live testimony at the preliminary-injunction hearing, if one is held, will be limited to cross-examination and redirect examination.SO ORDERED by Judge Daniel D. Domenico on 1/16/2025. Text Only Entry (dddlc1, )
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| Filing 6 MOTION for Preliminary Injunction by Plaintiff Human Rights Defense Center. (Attachments: #1 Exhibit 1 - Declaration of Paul Wright)(Killmer, Darold) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara. 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 Daniel D. Domenico on 1/16/2025. Text Only Entry. (rkeec)
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| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (echa, ) |
| Filing 3 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry. (echa, ) |
| Filing 2 NOTICE of Entry of Appearance by Reid Robertson Allison on behalf of Human Rights Defense CenterAttorney Reid Robertson Allison added to party Human Rights Defense Center(pty:pla) (Allison, Reid) |
| Filing 1 COMPLAINT and Jury Demand against Board of County Commissioners for Jefferson County Colorado, Gary Gittins, Reggie Marinelli (Filing fee $ 405,Receipt Number ACODC-10095107)Attorney Darold W. Killmer added to party Human Rights Defense Center(pty:pla), filed by Human Rights Defense Center. (Attachments: #1 Civil Cover Sheet)(Killmer, Darold) |
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