Frey v. Wellpath, LLC et al
| Rachel Frey |
| Wellpath, LLC, Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Catholic Health Initiatives Colorado doing business as Penrose Hospital, Commonspirit Health, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie Bond, Shani Webb, George Santini, Eliana Coral, Kiairla Beltz and Wellpath Liquidating Trust |
| 1:2025cv01599 |
| May 21, 2025 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Gordon P Gallagher |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Filing 69 CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Kiairla Beltz as: a statement or declaration that the party is not an infant, is not incompetent, and that he or she is not in the military service (If the party is, or may be, in the military service, he or she is afforded certain protections which must be addressed prior to the entry of a default) as required by Service Members Civil Relief Act was not filed per Federal Rule 28 U.S.C. 1746, by Clerk. Text Only Entry (sphil, ) |
| Filing 68 Renewed MOTION for Entry of Default as to Kiairla Beltz by Plaintiff Rachel Frey. (Attachments: #1 Affidavit Declaration of Ben Van Horn)(Van Horn, Benjamin) |
| Filing 67 CLERK'S NOTE REGARDING DEFAULT. Default will not be entered as to Kiairla Beltz re: #66 MOTION for Entry of Default as to Kiairla Beltz as no supporting affidavit or declaration under D.C.COLO.LCivR 55.1 was filed with the motion as required. Text Only Entry. (agryan) |
| Filing 66 MOTION for Entry of Default as to Kiairla Beltz by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 65 REPLY to Response to #51 Partial MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Qualified Immunity filed by Defendants Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie Bond. (Geringer, Meri) |
| Filing 64 REPLY to Response to #50 MOTION to Dismiss for Failure to State a Claim in Plaintiff's Amended Complaint filed by Defendants Shani Webb, George Santini, Eliana Coral. (Jones, Christopher) |
Filing 63
Order that #62 Unopposed Motion for Leave to file excess pages is GRANTED. The Court grants a page extension to the El Paso County Defendants for their Reply that does not exceed 20 pages in length by District Judge Gordon P Gallagher on 09/25/2025. Text Only Entry(dclem)
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| Filing 62 Unopposed MOTION for Leave to File Excess Pages by Defendants Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie Bond. (Geringer, Meri) |
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Filing 61
ORDER granting the #57 El Paso County Defendants' Unopposed Motion to Stay Discovery. For good cause shown, and noting Plaintiff's lack of opposition, this matter is stayed pending the resolution of the County's #51 Motions to Dismiss. The Motion Hearing set for September 30, 2025, is vacated. By Magistrate Judge Maritza Dominguez Braswell on 9/16/2025. Text Only Entry(mdblc1)
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| Filing 60 RESPONSE to #50 MOTION to Dismiss for Failure to State a Claim in Plaintiff's Amended Complaint filed by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 59 RESPONSE to #51 Partial MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Qualified Immunity filed by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 58 MEMORANDUM regarding #57 Unopposed MOTION to Stay Discovery filed by James Dodge, Amber Mai, Colby Aussieker, Traudy Delacretaz, Nick Marostica, Trisha Mathill, Joseph Royal, O'Neil Bogues, Christopher Brown, Board of County Commissioners of the County of El Paso County, Colorado, The, Willie Bond, Heather Ditmore, Jacob Delong. Motion referred to Magistrate Judge Maritza Dominguez Braswell by District Judge Gordon P Gallagher on 09/10/2025. Text Only Entry (dclem) |
| Filing 57 Unopposed MOTION to Stay Discovery by Defendants Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie Bond. (Geringer, Meri) |
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Filing 56
ORDER granting #37 Unopposed Motion for Leave to File Excess Pages. The Court grants a page extension to the El Paso County Defendants for their Motion to Dismiss that does not exceed 25 pages in length, and also Orders that Plaintiff shall likewise have an extension to 25 pages for the Response to the Motion to Dismiss.By District Judge Gordon P. Gallagher on September 9, 2025. Text Only Entry. (gpglc3)
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| Filing 55 COURTROOM MINUTES for Pre-Scheduling Conference held on 8/25/2025 before Magistrate Judge Maritza Dominguez Braswell: Motion to Stay due by 9/10/2025. Motion Hearing set for 9/30/2025 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The hearing will be conducted by video using the attached instructions. FTR: Colorado Springs Courtroom 101. (Attachments: #1 VTC instructions) (evaug) |
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Filing 54
ORDER Granting Motion for Extension of Time and Additional Pages. The motion at D. #53 is therefore GRANTED. It is ORDERED that: Plaintiff may file her responses to Defendants' pending motions to dismiss (Dkts. #50 , #51 ) on or before September 12, 2025. Plaintiff's response to County Defendants' motion to dismiss (Dkt. 51) may be up to 25 pages. Defendants may file replies to Plaintiff's responses to their pending motions to dismisson or before September 26, 2025. By District Judge Gordon P. Gallagher on 8/22/2025. (amona,)
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| Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply as to #50 MOTION to Dismiss for Failure to State a Claim in Plaintiff's Amended Complaint, #51 Partial MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Qualified Immunity , Unopposed MOTION for Leave to File Excess Pages by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 52 NOTICE of Entry of Appearance Kelley Simoneaux by Kelley Brooks Simoneaux on behalf of All Plaintiffs Attorney Kelley Brooks Simoneaux added to party Rachel Frey(pty:pla) (Simoneaux, Kelley) |
| Filing 51 Partial MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and Qualified Immunity by Defendants Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie Bond. (Geringer, Meri) |
| Filing 50 MOTION to Dismiss for Failure to State a Claim in Plaintiff's Amended Complaint by Defendants Shani Webb, George Santini, Eliana Coral. (Jones, Christopher) |
| Filing 49 SUMMONS Returned Executed by Rachel Frey. Kiairla Beltz served on 8/6/2025, answer due 8/27/2025. (Van Horn, Benjamin) |
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Filing 48
ORDER REFERRING CASE to the assigned United States Magistrate Judge Maritza Dominguez Braswell. 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 D.C.COLO.LCivR 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By District Judge Gordon P Gallagher on 8/6/02025. Text Only Entry. (amona,)
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| Filing 47 CASE REASSIGNED Pursuant to #46 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to District Judge Gordon P Gallagher. All future pleadings should be designated as 25-cv-01599-GPG. (Text Only Entry) (jrobe, ) |
| Filing 46 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Rachel Frey All parties do not consent.. (Jacobsmeyer, Brian) |
| Filing 45 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants George Santini, Eliana Coral, Shani Webb. George Santini answer due 8/8/2025; Eliana Coral answer due 8/8/2025; Shani Webb answer due 8/8/2025. (Jones, Christopher) |
| Filing 44 First Amended ANSWER to #33 Amended Complaint by Catholic Health Initiatives Colorado, Commonspirit Health.(Stinnett, Mark) |
| Filing 43 SUMMONS issued by Clerk. (agarc, ) |
| Filing 42 SUMMONS REQUEST as to Kiairla Beltz by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 41 NOTICE of Entry of Appearance by Elizabeth Bryan McGowan on behalf of Shani Webb, George Santini, Eliana CoralAttorney Elizabeth Bryan McGowan added to party Shani Webb(pty:dft), Attorney Elizabeth Bryan McGowan added to party George Santini(pty:dft), Attorney Elizabeth Bryan McGowan added to party Eliana Coral(pty:dft) (McGowan, Elizabeth) |
| Filing 40 NOTICE of Entry of Appearance by Christopher Ryan Jones on behalf of Shani Webb, George Santini, Eliana CoralAttorney Christopher Ryan Jones added to party Shani Webb(pty:dft), Attorney Christopher Ryan Jones added to party George Santini(pty:dft), Attorney Christopher Ryan Jones added to party Eliana Coral(pty:dft) (Jones, Christopher) |
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Filing 39
MINUTE ORDER: The deadline to file a consent form is reset to August 7, 2025. A Pre-Scheduling Conference is set for August 25, 2025, at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 7/31/2025. Text Only Entry (mdblc1)
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Filing 38
MINUTE ORDER: The Court has reviewed #36 Plaintiff Rachel Frey's Response to the Court's Order to Show Cause and based on the representations therein the Court DISCHARGES the #32 Order to Show Cause. By Magistrate Judge Maritza Dominguez Braswell on 7/31/2025. Text Only Entry (mdblc1)
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| Filing 37 MOTION for Leave to File Excess Pages by Defendants Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie Bond. (Geringer, Meri) |
| Filing 36 RESPONSE TO ORDER TO SHOW CAUSE re #32 by Plaintiff Rachel Frey. (Attachments: #1 Exhibit A: Plaintiff's Opt-Out of Third Party Release, #2 Exhibit B: Electronic Confirmation of Opt Out, #3 Exhibit C: Plaintiff's Proof of Bankruptcy Claim, #4 Exhibit D: List of Wellpath Debtors)(Jacobsmeyer, Brian) |
| Filing 35 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Colby Aussieker, Christopher Brown, Amber Mai, Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, O'Neil Bogues, James Dodge, Jacob Delong, Willie Bond, Heather Ditmore, Traudy Delacretaz, Trisha Mathill, Nick Marostica. Colby Aussieker answer due 8/8/2025; Christopher Brown answer due 8/8/2025; Amber Mai answer due 8/8/2025; Board of County Commissioners of the County of El Paso County, Colorado, The answer due 8/8/2025; Joseph Royal answer due 8/8/2025; O'Neil Bogues answer due 8/8/2025; James Dodge answer due 8/8/2025; Jacob Delong answer due 8/8/2025; Willie Bond answer due 8/8/2025; Heather Ditmore answer due 8/8/2025; Traudy Delacretaz answer due 8/8/2025; Trisha Mathill answer due 8/8/2025; Nick Marostica answer due 8/8/2025. (Geringer, Meri) |
| Filing 34 NOTICE of Filing Amended Pleading re #33 Amended Complaint by Plaintiff Rachel Frey (Attachments: #1 Redline Amended Complaint)(Van Horn, Benjamin) |
| Filing 33 AMENDED COMPLAINT against All Defendants, filed by Rachel Frey.(Van Horn, Benjamin) |
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Filing 32
ORDER TO SHOW CAUSE by Magistrate Judge Maritza Dominguez Braswell on 07/10/2025. Plaintiff must SHOW CAUSE on or before July 31, 2025, why her claims against Ms. Beltz, Ms. Webb, Ms. Coral, and Dr. Santini should not be dismissed with prejudice due to the third-party release in the plan. It is further ORDERED that the deadline to file a proposed scheduling order and consent form (Doc. No. #9 ) is vacated at this time and will be reset as necessary. The Joint Motion to Extend Initial Case Deadlines (Doc. No. #31 .) is moot. (jrobe, )
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| Filing 31 Joint MOTION for Extension of Time to file materials set out in Order Setting Initial Case Deadlines (Dkt. 9) by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 30 SUMMONS Returned Executed by Rachel Frey. Kiairla Beltz served on 7/2/2025, answer due 7/23/2025. (Van Horn, Benjamin) |
| Filing 29 NOTICE of Entry of Appearance by Steven Ward Martyn on behalf of Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie BondAttorney Steven Ward Martyn added to party Board of County Commissioners of the County of El Paso County, Colorado, The(pty:dft), Attorney Steven Ward Martyn added to party Joseph Royal(pty:dft), Attorney Steven Ward Martyn added to party Nick Marostica(pty:dft), Attorney Steven Ward Martyn added to party Amber Mai(pty:dft), Attorney Steven Ward Martyn added to party Christopher Brown(pty:dft), Attorney Steven Ward Martyn added to party Traudy Delacretaz(pty:dft), Attorney Steven Ward Martyn added to party Colby Aussieker(pty:dft), Attorney Steven Ward Martyn added to party James Dodge(pty:dft), Attorney Steven Ward Martyn added to party Trisha Mathill(pty:dft), Attorney Steven Ward Martyn added to party Heather Ditmore(pty:dft), Attorney Steven Ward Martyn added to party O'Neil Bogues(pty:dft), Attorney Steven Ward Martyn added to party Jacob Delong(pty:dft), Attorney Steven Ward Martyn added to party Willie Bond(pty:dft) (Martyn, Steven) |
| Filing 28 NOTICE of Entry of Appearance by Meri V. Geringer on behalf of Board of County Commissioners of the County of El Paso County, Colorado, The, Joseph Royal, Nick Marostica, Amber Mai, Christopher Brown, Traudy Delacretaz, Colby Aussieker, James Dodge, Trisha Mathill, Heather Ditmore, O'Neil Bogues, Jacob Delong, Willie BondAttorney Meri V. Geringer added to party Board of County Commissioners of the County of El Paso County, Colorado, The(pty:dft), Attorney Meri V. Geringer added to party Joseph Royal(pty:dft), Attorney Meri V. Geringer added to party Nick Marostica(pty:dft), Attorney Meri V. Geringer added to party Amber Mai(pty:dft), Attorney Meri V. Geringer added to party Christopher Brown(pty:dft), Attorney Meri V. Geringer added to party Traudy Delacretaz(pty:dft), Attorney Meri V. Geringer added to party Colby Aussieker(pty:dft), Attorney Meri V. Geringer added to party James Dodge(pty:dft), Attorney Meri V. Geringer added to party Trisha Mathill(pty:dft), Attorney Meri V. Geringer added to party Heather Ditmore(pty:dft), Attorney Meri V. Geringer added to party O'Neil Bogues(pty:dft), Attorney Meri V. Geringer added to party Jacob Delong(pty:dft), Attorney Meri V. Geringer added to party Willie Bond(pty:dft) (Geringer, Meri) |
| Filing 27 SUMMONS issued by Clerk. (tlove, ) |
| Filing 26 SUMMONS REQUEST as to Kiairla Beltz by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Rachel Frey. Eliana Coral waiver sent on 6/2/2025, answer due 8/1/2025; George Santini waiver sent on 6/2/2025, answer due 8/1/2025; Wellpath, LLC waiver sent on 6/2/2025, answer due 8/1/2025. (Van Horn, Benjamin) |
| Filing 24 SUMMONS Returned Executed by Rachel Frey. Shani Webb served on 6/25/2025, answer due 7/16/2025. (Van Horn, Benjamin) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT. (Stinnett, Mark) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Commonspirit Health for Catholic Health Initiatives Colorado. (Stinnett, Mark) |
| Filing 21 ANSWER to #1 Complaint Attorney Mark A. Stinnett added to party Catholic Health Initiatives Colorado(pty:dft), Attorney Mark A. Stinnett added to party Commonspirit Health(pty:dft) by Catholic Health Initiatives Colorado, Commonspirit Health.(Stinnett, Mark) |
| Filing 20 NOTICE of Discharge and Injunction as to Defendant Wellpath by Defendant Wellpath, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Jones, Christopher) |
| Filing 19 SUMMONS issued by Clerk re: #17 & #18 Summons Request. (ggill, ) |
| Filing 18 SUMMONS REQUEST as to Shani Webb by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 17 SUMMONS REQUEST as to Kiairla Beltz by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 16 SUMMONS Returned Executed by Rachel Frey. Catholic Health Initiatives Colorado served on 6/5/2025, answer due 6/26/2025. (Van Horn, Benjamin) |
| Filing 15 SUMMONS Returned Executed by Rachel Frey. Commonspirit Health served on 6/5/2025, answer due 6/26/2025. (Van Horn, Benjamin) |
| Filing 14 SUMMONSES issued by Clerk re: #11 and #12 Summons Request. (ggill, ) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Rachel Frey. Colby Aussieker waiver sent on 5/30/2025, answer due 7/29/2025; Board of County Commissioners of the County of El Paso County, Colorado, The waiver sent on 5/30/2025, answer due 7/29/2025; O'Neil Bogues waiver sent on 5/30/2025, answer due 7/29/2025; Willie Bond waiver sent on 5/30/2025, answer due 7/29/2025; Christopher Brown waiver sent on 5/30/2025, answer due 7/29/2025; Traudy Delacretaz waiver sent on 5/30/2025, answer due 7/29/2025; Jacob Delong waiver sent on 5/30/2025, answer due 7/29/2025; Heather Ditmore waiver sent on 5/30/2025, answer due 7/29/2025; James Dodge waiver sent on 5/30/2025, answer due 7/29/2025; Amber Mai waiver sent on 5/30/2025, answer due 7/29/2025; Nick Marostica waiver sent on 5/30/2025, answer due 7/29/2025; Trisha Mathill waiver sent on 5/30/2025, answer due 7/29/2025; Joseph Royal waiver sent on 5/30/2025, answer due 7/29/2025. (Van Horn, Benjamin) |
| Filing 12 SUMMONS REQUEST as to CommonSpirit Health by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 11 SUMMONS REQUEST as to Catholic Health Initiatives Colorado by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
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Filing 9
ORDER SETTING INITIAL CASE DEADLINES. Consent due 7/16/2025. Proposed Scheduling Order due 7/16/2025. By Magistrate Judge Maritza Dominguez Braswell on 5/29/2025. (evaug) Modified on 5/29/2025 to add consent deadline (evaug).
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| Filing 10 Administrative Notice: The summonses #7 & #8 Summons Request submitted has incorrect caption and will not be issued. Please file completed summons for issuance using the event Summons Request. All parties must be listed in the caption. @ Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (ggill, ) |
| Filing 8 SUMMONS REQUEST as to CommonSpirit Health by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 7 SUMMONS REQUEST as to Catholic Health Initiatives Colorado by Plaintiff Rachel Frey. (Van Horn, Benjamin) |
| Filing 6 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #5 Notice of Entry of Appearance filed by attorney Emily M. Adams. DO NOT REFILE THE DOCUMENT. Action to take - All contact information/signature block must match/be displayed on the docket sheet. 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) (ggill, ) |
| Filing 5 NOTICE of Entry of Appearance by Emily Marie Adams on behalf of Rachel FreyAttorney Emily Marie Adams added to party Rachel Frey(pty:pla) (Adams, Emily) |
| Filing 4 NOTICE of Entry of Appearance by Brian Jacobsmeyer on behalf of Rachel FreyAttorney Brian Jacobsmeyer added to party Rachel Frey(pty:pla) (Jacobsmeyer, Brian) |
| 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 submitted; no summons issued. Summons requests may be filed for issuance using the event "Summons Request". (agryan) |
| Filing 2 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (agryan) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-10348502)Attorney Benjamin D. Van Horn added to party Rachel Frey(pty:pla), filed by Rachel Frey. (Attachments: #1 Civil Cover Sheet)(Van Horn, Benjamin) |
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