Price v. United Airlines, Inc., et al
| Michael David Price |
| United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack, International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm and William Stef |
| 1:2025cv00813 |
| March 12, 2025 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Charlotte N Sweeney |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 69 REPLY to Response to #49 MOTION for Sanctions filed by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. (Himmel, Janet) |
| Filing 68 REPLY to Response to #43 MOTION to Dismiss filed by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. (Himmel, Janet) |
| Filing 67 REPLY to Response to #41 MOTION to Dismiss for Failure to State a Claim filed by Defendants International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm, William Stef. (Rice, Derrick) |
| Filing 66 TRANSCRIPT of STATUS AND SCHEDULING CONFERENCE held on 06/18/2025 before Magistrate Judge O'Hara. Pages: 1-50. Prepared by: AB LITIGATION SERVICES ([email protected] or [email protected]). NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., ) |
| Filing 65 CERTIFICATE of Service re #64 Response to Motion by Plaintiff Michael David Price. (sphil, ) |
| Filing 64 Memorandum of Points in Opposition to #49 MOTION for Sanctions filed by Plaintiff Michael David Price. (sphil, ) |
| Filing 63 Memorandum of Points in Opposition/RESPONSE to #43 United Airlines, Inc, et al MOTION to Dismiss , filed by Plaintiff Michael David Price. (Attachments: #1 Certificate of Service)(sphil, ) |
| Filing 62 Memorandum of Points in Opposition/RESPONSE to #41 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Michael David Price. (Attachments: #1 Certificate of Service)(sphil, ) |
| Filing 61 NOTICE of Change of Address/Contact Information by Plaintiff Michael David Price. (echa, ) |
| Filing 60 CERTIFICATE of Service via USPS by Clerk of Court re #59 Minute Entry to Michael David Price, 6233 North Panasonic Way, #2-301, Denver, CO 80249. Text Only Entry. (jtorr, ) |
| Filing 59 MINUTE ENTRY for Status/Scheduling Conference held on 6/18/2025 before Magistrate Judge Timothy P O'Hara. ORDERED: Noting that it is unopposed, Plaintiff's oral Motion to withdraw ECF #28 is GRANTED. Accordingly, Plaintiff's "Motion for Leave to File an Emergency Second Amemded [sic] Complaint and Temporary Restraining Order" [ECF #28 ] is hereby WITHDRAWN. Plaintiff shall re-file any motion for leave to file an amended Complaint on or before July 9, 2025. The Court reminds Plaintiff that any motion for leave to file an amended Complaint shall include, attached as an exhibit, a copy of the proposed amended or supplemental pleading which strikes through the text to be deleted and underlines the text to be added pursuant to D.C.COLO.LCivR 15.1(b).Plaintiff shall file any written response to Defendants' Motions to Dismiss [ECF #41 and #43 ] on or before July 2, 2025.Plaintiff shall file any written response to United Defendants' Motion for Sanctions [ECF #49 ] on or before July 9, 2025.For good cause shown, United Defendants' Motion to Stay Discovery [ECF #52 ] and Union Defendants' Joinder in United Defendants' Motion to Stay Discovery [ECF #53 ] are GRANTED. Accordingly, discovery is hereby stayed in this case until further order of the Court. For good cause shown, Defendants' Joint Motion for Extension of Deadline to Comply with Initial Discovery Protocols [ECF #57 ] is GRANTED. All Parties shall exchange their Fed. R. Civ. P. 26(a)(1) disclosures on or before July 9, 2025.A Status Conference is set for September 30, 2025, 11:00 a.m. before U.S. Magistrate Judge Timothy P. O'Hara in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse at 1929 Stout Street, Denver, Colorado. This will be an in-person proceeding. FTR: C402. (jtorr, ) |
| Filing 58 MEMORANDUM Referring Motion: #57 Defendants' Joint MOTION for Extension of Time to Comply with Initial Discovery Protocols referred to Magistrate Judge Timothy P O'Hara. By Judge Charlotte N. Sweeney on 6/12/25. Text Only Entry (jdyne, ) |
| Filing 57 Joint MOTION for Extension of Time to Comply with Initial Discovery Protocols by Defendants International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm, William Stef. (Rice, Derrick) |
Filing 56
MINUTE ORDER. The Scheduling Conference set for June 18, 2025, at 2:30 p.m. MST is converted to a Status/Scheduling Conference in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. At the Status/Scheduling Conference, the Court will address the filings and pending motions in this matter. The Court will determine whether a Scheduling Order will be entered or whether setting case management deadlines is premature at this juncture. By Magistrate Judge Timothy P O'Hara on 6/12/2025. (amona,)
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| Filing 55 Proposed Scheduling Order by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. (Attachments: #1 Exhibit A - Damages)(Himmel, Janet) |
| Filing 54 MEMORANDUM REFERRING MOTIONS: #52 Motion to Stay Discovery and #53 Union Defendants' Joinder in United Defendants' Motion to Stay Discovery (ECF No. 52) referred to Magistrate Judge Timothy P O'Hara By Judge Charlotte N. Sweeney on 6/11/25. Text Only Entry (jdyne, ) |
| Filing 53 MOTION for Joinder re #52 MOTION to Stay Discovery by Defendants International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm, William Stef. (Rice, Derrick) |
| Filing 52 MOTION to Stay Discovery by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. (Himmel, Janet) |
| Filing 51 CERTIFICATE of Mailing by USPS by Clerk of Court re 50 Memorandum to Michael David Price, 6233 North Panasonic Way, #2-301, Denver, CO 80249. Text Only Entry. (eluce, ) |
| Filing 50 MEMORANDUM regarding #49 Motion for Sanctions. Motion #49 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 6/5/2025. Text Only Entry (cnsja, ) |
| Filing 49 MOTION for Sanctions by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. (Attachments: #1 Exhibit Exhibit A - CBA, #2 Exhibit Exhibit B - Employee Separation Letter, #3 Exhibit Exhibit C - Notice Letter to Plaintiff, #4 Exhibit Exhibit D - Apr. 7, 2025 Email from Plaintiff with Settlement Offer, #5 Exhibit Exhibit E - Apr. 3, 2025 Email from Plaintiff, #6 Exhibit Exhibit F - Select Voicemail Transcriptions, #7 Exhibit Exhibit G - Select Audio File Transcriptions)(Himmel, Janet) |
| Filing 48 ERRATA to United Defendants' Motion to Dismiss by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. (Himmel, Janet) |
| Filing 47 CERTIFICATE of Mailing by USPS by Clerk re: #46 Minute Order. Mailed to Michael David Price at 6233 North Panasonic Way #2-301 Denver, CO 80249 (amona,) |
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Filing 46
MINUTE ORDER. This matter comes before the Court upon Counsel's- for Defendants International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm, and William Stef- email to Chambers requesting to appear remotely for the Scheduling Conference set for June 18, 2025, at 2:30 p.m. MST. For good cause shown, the request is granted. The Court strongly prefers in-person attendance, particularly for Parties and Counsel local to the Denver metropolitan area. However, non-local Counsel may appear by video conference by referring to the instructions attached to this minute order. By Magistrate Judge Timothy P O'Hara on 6/4/2025. (amona,)
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| Filing 45 CERTIFICATE of Mailing by USPS by Clerk of Court re 44 Memorandum, to Michael David Price at 6233 North Panasonic Way #2-301 Denver, CO 80249. Text Only Entry. (echa, ) |
| Filing 44 MEMORANDUM regarding #43 Motion to Dismiss by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. Motion #43 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 5/27/2025. Text Only Entry (cnsja, ) |
| Filing 43 MOTION to Dismiss by Defendants United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia Hosack. (Himmel, Janet) |
| Filing 42 MEMORANDUM regarding #41 Motion to Dismiss for Failure to State a Claim. Motion #41 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 5/19/2025. Text Only Entry (cnsja, ) |
| Filing 41 MOTION to Dismiss for Failure to State a Claim by Defendants International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm, William Stef. (Rice, Derrick) |
| Filing 40 NOTICE of Entry of Appearance by Jacob Michael Bass on behalf of United Airlines, Inc, Lyssa Latu, Paula Reppas, David Baudier, Anastasia HosackAttorney Jacob Michael Bass added to party, Attorney Jacob Michael Bass added to party, Attorney Jacob Michael Bass added to party, Attorney Jacob Michael Bass added to party, Attorney Jacob Michael Bass added to party (Bass, Jacob) |
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Filing 39
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 04/14/2025. The Motion [ECF #36 ] is granted. Defendant Hosack shall respond to the Amended Complaint on or before May 26, 2025.(ggill, )
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| Filing 38 CERTIFICATE of Mailing by USPS by Clerk of Court re 37 Memorandum, to Michael David Price 6233 North Panasonic Way #2-301 Denver, CO 80249. Text Only Entry (efoga, ) |
| Filing 37 MEMORANDUM regarding #36 Motion for Extension of Time to File Answer or Otherwise Respond re #3 Amended Complaint, filed by Anastasia Hosack. Motion #36 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 4/14/2025. Text Only Entry (cnsja, ) |
| Filing 36 MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Amended Complaint, by Defendant Anastasia Hosack. (Himmel, Janet) |
| Filing 35 NOTICE of Entry of Appearance by Janet M. Himmel on behalf of David Baudier, Anastasia HosackAttorney Janet M. Himmel added to party, Attorney Janet M. Himmel added to party (Himmel, Janet) |
| Filing 34 NOTICE of Entry of Appearance by Micah David Dawson on behalf of David Baudier, Anastasia HosackAttorney Micah David Dawson added to party, Attorney Micah David Dawson added to party (Dawson, Micah) |
| Filing 33 Information Sheet for #30 MOTION for Temporary Restraining Order by Plaintiff Michael David Price (sphil, ) |
| Filing 32 CERTIFICATE of Mailing by USPS by Clerk of Court re 31 Order on Motion for TRO,,,, to Michael David Price 6233 North Panasonic Way #2-301 Denver, CO 80249. Text Only Entry (efoga, ) |
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Filing 31
ORDER denying #30 Motion for Temporary Restraining Order. Before the Court is Plaintiff's Motion for a Temporary Restraining Order (TRO). ECF No. #30 . It is denied. To secure a temporary restraining order, Plaintiff must satisfy four factors. See, e.g., Witt v. Colorado, No. 1:22-cv-02242-CNS-NRN, 2023 WL 2375092, at *1 (D. Colo. Mar. 6, 2023). In his motion Plaintiff offers no discussion or analysis of these factors and on this basis alone it may be denied. See, e.g., Springer v. Seventh Jud. Dist. Ct., No. 1:23-cv-00499-MIS-JMR, 2023 WL 7130541, at *3 (D.N.M. Oct. 30, 2023) ("Plaintiff's Motion wholly fails to identify these factors, much less apply them to the facts of this case (or otherwise address, analyze, or prove them).... As such, it is subject to summary denial."). However, even considering them, relief in the form of a TRO is improper because Plaintiff's claimed injury could be compensated after the fact by money damages. See, e.g., Bath v. Equifax Info. Servs. LLC, No. 18-cv-00572-PAB-NYW, 2018 WL 7141324, at *1 (D. Colo. June 6, 2018). Accordingly, Plaintiff's motion, ECF No. #30 , is DENIED. By Judge Charlotte N. Sweeney on 4/7/2025. Text Only Entry(cnsja, )
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| Filing 30 MOTION for Temporary Restraining Order by Plaintiff Michael David Price. (Attachments: #1 Certificate of Service)(sphil, ) |
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Filing 29
MEMORANDUM regarding #28 Motion for Leave to File An Emergency Second Amended Complaint and Temporary Restraining Order. Motion #28 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 4/7/2025. Text Only Entry (cnsja, )
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| Filing 28 MOTION for Leave to Fie An Emergency Second Amended Complaint and Temporary Restraining Order by Plaintiff Michael David Price. (Attachments: #1 Certificate of Service)(sphil, ) |
| Filing 27 CERTIFICATE of Service by Mail by Clerk of Court re #26 Minute Order to Michael David Price 6233 North Panasonic Way #2-301 Denver, CO 80249. (Text Only Entry) (ggill, ) |
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Filing 26
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 04/04/2025. Pursuant to the Order of Reference, the Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on June 18, 2025, at 2:30 p.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 will be 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) jointly email a Word copy of the proposed Scheduling Order, copying all Parties, to Chambers at #o'[email protected]. (ggill, )
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| Filing 25 CERTIFICATE of Service by Mail by Clerk of Court re #24 Minute Order to Michael David Price 6233 North Panasonic Way #2-301 Denver, CO 80249. (Text Only Entry) (ggill, ) |
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Filing 24
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 04/04/2025. Before the Court is "Defendants' Motion for Extension of Time to Respond to Complaint" [ECF #22 ] filed by Defendants United Airlines, Inc. and Paula Reppas. The Court grants the Motion [ECF #22 ] without awaiting Plaintiff's response. The deadline for Defendants United Airlines and Paula Reppas to respond to Plaintiff's Emergency Amended Complaint [ECF #3 ] is extended through and until May 26, 2025.(ggill, )
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| Filing 23 MEMORANDUM regarding #22 Motion for Extension of Time to File Answer or Otherwise Respond re #3 Amended Complaint. Motion #22 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 4/3/2025. Text Only Entry (cnsja, ) |
| Filing 22 MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Amended Complaint, by Defendants United Airlines, Inc, Paula Reppas. (Himmel, Janet) |
| Filing 21 NOTICE of Entry of Appearance by Micah David Dawson on behalf of United Airlines, Inc, Lyssa Latu, Paula ReppasAttorney Micah David Dawson added to party, Attorney Micah David Dawson added to party, Attorney Micah David Dawson added to party (Dawson, Micah) |
| Filing 20 NOTICE of Entry of Appearance by Janet M. Himmel on behalf of United Airlines, Inc, Lyssa Latu, Paula ReppasAttorney Janet M. Himmel added to party, Attorney Janet M. Himmel added to party, Attorney Janet M. Himmel added to party (Himmel, Janet) |
| Filing 19 CERTIFICATE of Service by Mail by Clerk of Court re #18 Minute Order, to Michael David Price 6233 North Panasonic Way #2-301 Denver, CO 80249. (Text Only Entry) (ggill, ) |
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Filing 18
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 03/31/2025. Before the Court is Defendant William Stef's Motion for Extension of Time to Respond to Complaint [ECF #15 ]. Without awaiting Plaintiff's response and upon a showing of good cause, the Court extends Defendant Stef's deadline to respond to Plaintiff's Complaint through and until May 19, 2025. (ggill, )
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| Filing 17 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Anastasia Hosack and Anastasia Hosack on 3/28/2025 and 3/30/205, filed by Plaintiff Michael David Price (Attachments: #1 Return Proof of Service - Reppas)(sphil, ) |
| Filing 16 MEMORANDUM regarding #15 Motion for Extension of Time to File Answer or Otherwise Respond re #3 Amended Complaint. Motion #15 is referred to Magistrate Judge Timothy P O'Hara, by Judge Charlotte N. Sweeney on 3/31/2025. Text Only Entry (cnsja, ) |
| Filing 15 MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Amended Complaint, by Defendant William Stef. (Attachments: #1 Proposed Order (PDF Only))(Rice, Derrick) |
| Filing 14 NOTICE of Entry of Appearance by Derrick C. Rice on behalf of International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm, William StefAttorney Derrick C. Rice added to party, Attorney Derrick C. Rice added to party, Attorney Derrick C. Rice added to party, Attorney Derrick C. Rice added to party (Rice, Derrick) |
| Filing 13 NOTICE of Entry of Appearance by John M. West on behalf of International Association of Machinists and Aerospace Workers, Brian Bryant, Mike Klemm, William StefAttorney John M. West added to party, Attorney John M. West added to party, Attorney John M. West added to party, Attorney John M. West added to party (West, John) |
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Filing 12
Minute Order re: #3 Emergency Amended Complaint. To the extent that the Plaintiff is requesting a temporary restraining order within an attachment to the Complaint at ECF No. [3-3], the request is denied without prejudice, with leave to refile within ten (10) days. The document at ECF No. [3-3] does not comply with this Court's Local Rule D.C.COLO.LCivR 65.1. A motion for temporary restraining order must be filed separately from the complaint and Plaintiff must serve the motion on the Defendants and certify that he has done so. The Court encourages Plaintiff to review both this district's Local Rules and this Court's Uniform Civil Practice Standards. Both of which can be found #here. By Judge Charlotte N. Sweeney on 3/26/2025. Text Only Entry (cnsja, )
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| Filing 11 CERTIFICATE of Mailing/Service re #3 Emergency Amended Complaint, by Plaintiff Michael David Price. (sphil, ) |
| Filing 10 CERTIFICATE of Mailing/Service re #3 Amended Complaint, by Plaintiff Michael David Price. (sphil, ) |
| Filing 9 CERTIFICATE of Mailing/Service re #3 Amended Complaint, by Plaintiff Michael David Price. (sphil, ) |
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 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. 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 (www.cod.uscourts.gov/JudicialOfficers). By Judge Charlotte N. Sweeney on 3/14/25. Text Only Entry (jdyne, )
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| Filing 7 Letter from Clerk of Court re: Service of Process of #3 Emergency Amended Complaint. (Attachments: #1 Summons Issued, #2 FRCP Rule 4, #3 Magistrate Judge Consent Form) (sphil, ) (Main Document 7 corrected on 3/14/2025) (sphil, ). Modified on 3/14/2025 (sphil, ). |
| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (tlove, ) |
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Filing 5
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 3/13/2025. This case is randomly reassigned to Judge Charlotte N. Sweeney for all further proceedings. All future pleadings should be designated as 25-cv-813-CNS. (tlove, )
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| Filing 4 CERTIFICATE of Mailing/Service re #3 Amended Emergency Complaint, by Plaintiff Michael David Price. (tlove, ) |
| Filing 3 EMERGENCY AMENDED COMPLAINT against No Named Defendant, filed by Michael David Price. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document, #4 Continuation of Main Document, #5 Exhibit) (tlove, ) |
| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, ) |
| Filing 1 EMERGENCY COMPLAINT against No Named Defendant (Filing Fee: $405.00, Receipt Number:113593), filed by Michael David Price. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document, #4 Civil Cover Sheet, #5 Exhibit, #6 Receipt)(echa, ) |
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