Reffel et al v. Hernandez et al
| Shaina Reffel and Tracy Reffel |
| Erik Hernandez and Sam Johnson |
| 1:2025cv01348 |
| April 29, 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 |
| Both |
Docket Report
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This docket was last retrieved on October 3, 2025. A more recent docket listing may be available from PACER.
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Filing 47
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 03 October 2025. Defendant Sam Johnson's Motion to Vacate Scheduling Conference and Stay Discovery #41 is granted. All discovery is stayed pending resolution of the Motion to Dismiss #40 . The Scheduling Conference set for October 6, 2025, at 11:30 a.m. is vacated. (agryan)
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| Filing 46 NOTICE of Entry of Appearance by Danielle Conway Beem on behalf of Tracy ReffelAttorney Danielle Conway Beem added to party Tracy Reffel(pty:pla) (Beem, Danielle) |
| Filing 45 NOTICE of Entry of Appearance by A. Mark Isley on behalf of Tracy ReffelAttorney A. Mark Isley added to party Tracy Reffel(pty:pla) (Isley, A.) |
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Filing 44
ORDER granting #43 Unopposed Motion for Extension of Time to File Response as to #40 Motion to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint. Plaintiffs' response is now due on or before November 7, 2025. By Judge Charlotte N. Sweeney on 10/1/2025. Text Only Entry(cnsja, )
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| Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint by Plaintiff Tracy Reffel. (Baumgartner, Stephen) |
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Filing 42
MEMORANDUM regarding #41 Unopposed Motion to Vacate #28 Order on Motion to Continue, Scheduling Conference and Stay Discovery. Motion #41 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 9/30/2025. Text Only Entry (cnsja, )
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| Filing 41 Unopposed MOTION to Vacate #28 Order on Motion to Continue, Scheduling Conference and Stay Discovery by Defendant Sam Johnson. (Chaney, Lelia) Modified on 10/3/2025 to amend event type (agryan). |
| Filing 40 MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint by Defendant Sam Johnson. (Attachments: #1 Exhibit A)(Chaney, Lelia) |
| Filing 39 Conventionally Submitted Material : One Flash Drive to Amended Complaint #34 by Plaintiffs Shaina Reffel, Tracy Reffel. Location of Stored items: Box A-4-2. Text Only Entry (cmadr, ) |
| Filing 38 NOTICE of Conventionally Submitted Material by Plaintiff Tracy Reffel (Baumgartner, Stephen) |
| Filing 37 ANSWER to #34 Amended Complaint by Erik Hernandez.(Poppe, Nicholas) |
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Filing 36
ORDER: The Plaintiffs' Amended Complaint (ECF No. #34 ) is accepted as filed. Defendant Sam Johnson's Amended Motion to Dismiss for Failure to State a Claim (ECF No. #21 ) is DENIED AS MOOT. By Judge Charlotte N. Sweeney on 9/3/2025. Text Only Entry(cnsja, )
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| Filing 35 AMENDED COMPLAINT Red Lined Version First Amended Complaint and Jury Demand against All Defendants, filed by Tracy Reffel.(Baumgartner, Stephen) |
| Filing 34 AMENDED COMPLAINT First Amended Complaint and Jury Demand against All Defendants, filed by Tracy Reffel.(Baumgartner, Stephen) |
| Filing 33 NOTICE of Filing Amended Pleading Notice of Filing of First Amended Complaint by Plaintiff Tracy Reffel (Baumgartner, Stephen) |
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Filing 32
ORDER granting #31 Second Motion for Extension of Time to File Response as to #21 Amended Motion to Dismiss for Failure to State a Claim. Plaintiff's response is now due on or before August 29, 2025. By Judge Charlotte N. Sweeney on 8/22/2025. Text Only Entry(cnsja, )
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| Filing 31 Second MOTION for Extension of Time to File Response/Reply as to #21 Amended MOTION to Dismiss for Failure to State a Claim by Plaintiff Tracy Reffel. (Baumgartner, Stephen) |
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Filing 30
MINUTE ORDER: PLEASE NOTE TIME CHANGE ONLY. This matter is before the Court sua sponte. IT IS HEREBY ORDERED that the Scheduling Conference set for October 6, 2025, at 10:00 a.m. is VACATED and RESET to October 6, 2025, at 11:30 a.m. in Courtroom A 501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. By Magistrate Judge Kathryn A. Starnella on August 13, 2025. Text Only Entry (kaslc7,)
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| Scheduling Conference set for 10/6/2025 11:30 AM in Courtroom A501 before Magistrate Judge Kathryn A. Starnella pursuant to 30 . (lgale, ) |
| Filing 29 ANSWER to #1 Complaint, by Erik Hernandez.(Poppe, Nicholas) |
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Filing 28
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 31 July 2025. IT IS HEREBY ORDERED that the Motion #26 is GRANTED. The Scheduling Conference set for August 6, 2025, at 11:00 a.m. is VACATED and RESET to October 6, 2025, at 10:00 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that, no later than September 29, 2025, the parties shall submit their proposed scheduling order.(cmadr, )
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| Filing 27 MEMORANDUM regarding #26 Motion to Continue Scheduling Conference. Motion #26 referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 7/31/2025. Text Only Entry (cnsja, ) |
| Filing 26 MOTION to Continue Scheduling Conference by Plaintiff Tracy Reffel. (Baumgartner, Stephen) |
| Filing 25 NOTICE of Entry of Appearance by Nicholas Christaan Poppe on behalf of Erik HernandezAttorney Nicholas Christaan Poppe added to party Erik Hernandez(pty:dft) (Poppe, Nicholas) |
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Filing 24
ORDER granting #23 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Officer Johnson's Amended Motion to Dismiss. The Plaintiffs' response is now due by August 22, 2025. The Court notes that the motion does not comply with CNS Civ. Practice Standard 10.1(a) which can be found #here. All future filings shall be made in Arial 12-point font. By Judge Charlotte N. Sweeney on 7/28/2025. Text Only Entry(cnsja, )
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| Filing 23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond TO OFFICER JOHNSONS AMENDED MOTION TO DISMISS by Plaintiffs Shaina Reffel, Tracy Reffel. (Baumgartner, Stephen) |
| Filing 22 SUMMONS Returned Executed by All Plaintiffs. Erik Hernandez served on 7/17/2025, answer due 8/7/2025. (Baumgartner, Stephen) |
| Filing 21 Amended MOTION to Dismiss for Failure to State a Claim by Defendant Sam Johnson. (Chaney, Lelia) |
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Filing 20
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 10 July 2025. (cmadr, )
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Filing 19
ORDER striking #18 Motion to Dismiss for Failure to State a Claim by Defendant Sam Johnson. The Motion #18 is STRICKEN for failure to comply with this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(c) which can be found #here. The Court grants the Defendant Johnson to and including 7/14/2025 to refile a compliant motion. By Judge Charlotte N. Sweeney on 7/8/2025. Text Only Entry(cnsja, )
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| Filing 18 MOTION to Dismiss for Failure to State a Claim by Defendant Sam Johnson. (Chaney, Lelia) |
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Filing 17
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 August 6, 2025, at 11:00 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 (sgrim)
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Filing 16
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 6/3/25. Text Only Entry (jdyne, )
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Filing 15
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 2 June 2025. This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form #14 indicates that at least o ne party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Judge Charlotte N. Sweeney for all further proceedings. All future pleadings shall be designated: 25-cv-01348-CNS.) (cmadr, )
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| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Shaina Reffel, Tracy Reffel All parties do not consent.. (Baumgartner, Stephen) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Shaina Reffel, Tracy Reffel. All Plaintiffs. (Baumgartner, Stephen) |
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Filing 12
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 6 May 2025. Proposed Scheduling Order due 7/30/2025. Scheduling Conference set for 8/6/2025 11:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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Filing 11
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#3] is July 23, 2025. by Magistrate Judge Kathryn A. Starnella on 5/6/2025. Text Only Entry (kaslc2, )
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| Filing 10 NOTICE of Entry of Appearance by Lelia Kathleen Chaney on behalf of Sam JohnsonAttorney Lelia Kathleen Chaney added to party Sam Johnson(pty:dft) (Chaney, Lelia) |
| Filing 9 DISREGARD. FILED IN ERROR. SUMMONS issued re 124 by Clerk. (tlove, ) Modified on 5/1/2025 (tlove, ). |
| Filing 8 SUMMONS issued re #6 by Clerk. (tlove, ) |
| Filing 7 SUMMONS issued re #5 by Clerk. (tlove, ) |
| Filing 6 SUMMONS REQUEST as to Officer Sam Johnson by Plaintiff Shaina Reffel. (Baumgartner, Stephen) |
| Filing 5 SUMMONS REQUEST as to Officer Eric Hernandez by Plaintiff Shaina Reffel. (Baumgartner, Stephen) |
| Filing 4 Conventionally Submitted Material : One Flash Drive to Complaint, #1 by Plaintiffs Shaina Reffel, Tracy Reffel. Location of Stored Items: Box A-2-6. Text Only Entry (cmadr, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (efoga, ) |
| Filing 2 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry (efoga, ) |
| Filing 1 COMPLAINT And Jury Demand against Erik Hernandez, Sam Johnson (Filing fee $ 405,Receipt Number ACODC-10308525)Attorney Stephen B. Baumgartner added to party Shaina Reffel(pty:pla), Attorney Stephen B. Baumgartner added to party Tracy Reffel(pty:pla), filed by Shaina Reffel, Tracy Reffel. (Attachments: #1 Conventionally Submitted Notice of Conventionally Submitted Exhibits, #2 Civil Cover Sheet Civil Cover Sheet)(Baumgartner, Stephen) |
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