Assure, LLC v. City of Golden, The, et al
| Assure, LLC |
| City of Golden, The, City Council of the City of Golden, Laura(I) Weinberg, Laura Weinberg, Scott(I) Vargo, Scott Vargo, Anne(I) Beierle, Anne Beierle, Rick(I) Muriby and Rick Muriby |
| 1:2025cv00761 |
| March 10, 2025 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Charlotte N Sweeney |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 14, 2025. A more recent docket listing may be available from PACER.
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Filing 36
RULE 502(d) ORDER by Magistrate Judge Kathryn A. Starnella on 14 August 2025. (cmadr, )
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| Filing 35 STIPULATION re [Proposed] Rule 502(D) Order by Plaintiff Assure, LLC. (Kass, Jeffrey) |
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Filing 34
SCHEDULING ORDER: by Magistrate Judge Kathryn A. Starnella on 7/31/25. (lgale, )
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| Filing 33 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kathryn A. Starnella on 7/31/2025. Discovery due by 3/23/2026. FTR: KAS Courtroom A501. (lgale, ) |
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Filing 32
MINUTE ORDER: A Final Pretrial Conference is set for 9/30/2026 at 9:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. The parties' Proposed Final Pretrial Order is due by 9/23/2026. In addition to filing, the parties are directed to email the proposed order in editable format to [email protected]. By Judge Charlotte N. Sweeney on 7/31/2025. Text Only Entry (cnsja, )
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Filing 31
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 28 July 2025. (cmadr, )
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| Filing 30 REPLY to Response to #27 MOTION to Dismiss for Failure to State a Claim filed by Defendants City Council of the City of Golden, Laura(I) Weinberg, Laura Weinberg, Scott(I) Vargo, City of Golden, The, Scott Vargo, Anne(I) Beierle, Anne Beierle, Rick(I) Muriby, Rick Muriby. (Poppe, Nicholas) |
| Filing 29 Proposed Scheduling Order by Plaintiff Assure, LLC. (Kass, Jeffrey) |
| Filing 28 RESPONSE to #27 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Assure, LLC. (Kass, Jeffrey) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim by Defendants City Council of the City of Golden, Laura(I) Weinberg, Laura Weinberg, Scott(I) Vargo, City of Golden, The, Scott Vargo, Anne(I) Beierle, Anne Beierle, Rick(I) Muriby, Rick Muriby. (Poppe, Nicholas) |
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Filing 26
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 6/16/25. PLEASE NOTE LOCATION CHANGE ONLY. IT IS HEREBY ORDERED that the Scheduling Conference set for July 31, 2025, at 9:30 a.m. is RESET from the Byron G. Rogers United States Courthouse to Courtroom A 501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Text Only Entry (lgale)
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Filing 25
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 2 May 2025. IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time to Submit a Responsive Pleading #17 is GRANTED. The deadline for Defendant City of Golden to answer or otherwise respond to the operative complaint is extended to June 27, 2025.(cmadr, )
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| Filing 24 WAIVER OF SERVICE Returned Executed by Assure, LLC. City Council of the City of Golden waiver sent on 4/28/2025, answer due 6/27/2025. (Kass, Jeffrey) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Assure, LLC. Scott(I) Vargo waiver sent on 4/28/2025, answer due 6/27/2025. (Kass, Jeffrey) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Assure, LLC. Rick Muriby waiver sent on 4/28/2025, answer due 6/27/2025. (Kass, Jeffrey) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Assure, LLC. Laura(I) Weinberg waiver sent on 4/28/2025, answer due 6/27/2025. (Kass, Jeffrey) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Assure, LLC. Anne Beierle waiver sent on 4/28/2025, answer due 6/27/2025. (Kass, Jeffrey) |
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Filing 19
MINUTE ORDER: Upon review of the filings in this case, defense counsel are ordered to review this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(a) which can be found #here. All future filings shall be made in Arial 12-point font. The Court may summarily strike future filings that do not comply. By Judge Charlotte N. Sweeney on 5/1/2025. Text Only Entry (cnsja, )
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| Filing 18 MEMORANDUM regarding #17 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint. Motion #17 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 5/1/2025. Text Only Entry (cnsja, ) |
| Filing 17 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint,,,, by Defendant City of Golden, The. (Poppe, Nicholas) |
| Filing 16 NOTICE of Entry of Appearance by Nicholas Christaan Poppe on behalf of All Defendants Attorney Nicholas Christaan Poppe added to party City Council of the City of Golden(pty:dft), Attorney Nicholas Christaan Poppe added to party Laura(I) Weinberg(pty:dft), Attorney Nicholas Christaan Poppe added to party Laura Weinberg(pty:dft), Attorney Nicholas Christaan Poppe added to party Scott(I) Vargo(pty:dft), Attorney Nicholas Christaan Poppe added to party City of Golden, The(pty:dft), Attorney Nicholas Christaan Poppe added to party Scott Vargo(pty:dft), Attorney Nicholas Christaan Poppe added to party Anne(I) Beierle(pty:dft), Attorney Nicholas Christaan Poppe added to party Anne Beierle(pty:dft), Attorney Nicholas Christaan Poppe added to party Rick(I) Muriby(pty:dft), Attorney Nicholas Christaan Poppe added to party Rick Muriby(pty:dft) (Poppe, Nicholas) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Assure, LLC All parties do not consent.. (Kass, Jeffrey) |
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Filing 14
Order Setting Scheduling/Planning Conference. A Scheduling/Planning Conference pursuant to Fed. R. Civ. P. 16(b) shall be held on July 31, 2025, commencing at 9:30 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado 80294. No later than seven (7) calendar days prior to the Scheduling/Planning Conference, counsel and pro se parties shall submit their proposed Scheduling Order in compliance with the Court's Electronic Case Filing Procedures, which are also available on the Court's website. Scheduling Orders prepared by parties not represented by counsel, or without access to electronic case filing, are to be submitted to the Clerk of the Court on paper, by Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Scheduling Order Template, #3 Magistrate Judge Consent Form) (angar, )
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| Filing 13 SUMMONSES issued by Clerk. (sphil, ) |
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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 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) 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. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here. By Judge Charlotte N. Sweeney on 4/24/25. Text Only Entry (jdyne, )
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| Filing 11 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (ggill, ) |
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Filing 10
ORDER DRAWING CASE By Magistrate Judge Richard T. Gurley on 04/24/2025. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). 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 Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings shall be designated to 25-cv-00761-CNS). (ggill, )
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| Filing 9 AMENDED COMPLAINT against City of Golden, The, filed by Assure, LLC. (Attachments: #1 Exhibit Exhibit A - Assure Tract E Treasurer's Deed, #2 Exhibit Exhibit B - Subdivision Plat w Easement Language, #3 Exhibit Exhibit C Assure email 8-31-21 to Planning Department, #4 Exhibit Exhibit D Planning Department email 8-31-221 to Assure, #5 Exhibit Exhibit E - Assure email 8-31-21 to Planning Department, #6 Exhibit Exhibit F - City of Golden Attorney 8-31-22 final decision letter to Assure, #7 Exhibit Exhibit G - Council Memorandum 9-14-23, #8 Exhibit Exhibit H- Assure 9-3-24 email to Mayor Laura Weinberg, #9 Exhibit Exhibit I - Mayor Laura Weinberg 9-3-24 email to Assure re Scott Vargo, #10 Exhibit Exhibit J Assure 9-23-24 email to Vargo, #11 Exhibit Exhibit K Scott Vargo 9-23-24 email to Assure, #12 Exhibit Exhibit L Assure 9-23-24 email to Mayor Laura Weinberg re Scott Vargo, #13 Summons Summons City of Golden, #14 Summons Summons City Council City of Golden, #15 Summons Summons Laura Weinberg, #16 Summons Summons Scott Vargo, #17 Summons Summons Annie Beierle, #18 Summons Summons Rick Muriby)(Kass, Jeffrey) |
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Filing 8
MINUTE ORDER. In response to the Court's Order to Cure Deficiency (ECF No. #4 ) counsel for Plaintiff has filed a Notice of Entry of Appearance (ECF No. #6 ). However, Plaintiff has not filed an amended complaint signed by counsel. Plaintiff is directed to cure this deficiency on or before April 30, 2025, if he wishes to pursue any claims in this action. By Magistrate Judge Richard T. Gurley on 4/11/2025. (amona,)
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| Filing 7 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #6 Notice of Entry of Appearance filed by attorney Jeffrey H. Kass. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (sphil, ) |
| Filing 6 NOTICE of Entry of Appearance by Jeffrey H. Kass on behalf of Assure, LLCAttorney Jeffrey H. Kass added to party Assure, LLC(pty:pla) (Kass, Jeffrey) |
| Filing 5 NOTICE of Affidavit of Service Business or Agent filed in Jefferson County by Plaintiff Assure, LLC (amona,) |
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Filing 4
ORDERED that Plaintiff cure the deficiency designated above within thirty (30)days from the date of this order. FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiency within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice. By Magistrate Judge Richard T. Gurley on 3/10/2025. (sadhi, )
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| Filing 3 SUMMONS issued over the counter by Clerk. (efoga, ) |
| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley. Text Only Entry (efoga, ) |
| Filing 1 COMPLAINT against City of Golden, The Filing Fee: $405.00Receipt Number:113537, filed by Assure, LLC.(efoga, ) |
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