Gallegos et al v. GEO Group Inc., et al
| Albert Gallegos and Danessa Garcia-Gallegos |
| GEO Group Inc., Kristin Rutz, Kristin Talmadge, Steven Frank and Raydawn Carter |
| 1:2025cv01816 |
| June 10, 2025 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Nina Y Wang |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 (d) - Civil Rights (Death) |
| Both |
Docket Report
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| Filing 43 Unopposed MOTION to Amend/Correct/Modify Complaint by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Attachments: #1 Exhibit Exhibit 1 - Proposed First Amended Complaint, #2 Exhibit Exhibit 2 - Proposed Second Amended Complaint - redline)(Frisinger, Stephanie) |
Filing 42
SCHEDULING ORDER: by Magistrate Judge Kathryn A. Starnella on 11/2/25. (lgale, )
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| Filing 41 Party Arapahoe County Residential Center and Community Education Centers, Inc terminated pursuant ECF 40 Minute Order on 10/30/2025. Text Only Entry (norlin, ) |
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Filing 40
MINUTE ORDER: This matter is before the Court on the #33 Stipulation for Dismissal Without Prejudice of Defendants Community Education Centers, Inc. ("CEC") and Arapahoe County Residential Center ("ACRC"). Rule 41 of the Federal Rules of Civil Procedure states that a case may be dismissed without a court order by filing "a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, the #33 Stipulation is expressly between Plaintiffs and Defendant GEO Group, Inc. and is not signed by Defendants CEC and ACRC. Accordingly, the Court CONSTRUES the filing as a Motion to Voluntarily Dismiss Defendants CEC and ACRC under Rule 41(a)(2). The Motion is GRANTED, Plaintiffs' claims against Defendants CEC and ACRC are DISMISSED without prejudice, and the Clerk of Court is DIRECTED to terminate CEC and ACRC as Defendants in this action. By Judge Nina Y. Wang on 10/30/2025. Text Only Entry (nywlc8, )
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| Filing 39 Proposed Scheduling Order (Amended) by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Frisinger, Stephanie) |
| Filing 38 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kathryn A. Starnella on 10/28/2025. Discovery due by 8/31/2026. Dispositive Motions due by 10/2/2026. FTR: KAS Courtroom A501. (lgale, ) |
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Filing 37
MINUTE ORDER: Plaintiffs' Unopposed Motion for Second Extension of Time to Respond to Defendant GEO's Motion for Partial Dismissal #35 is GRANTED. Plaintiffs may file a response by November 14, 2025. Plaintiffs are advised that press of business does not ordinarily constitute good cause for an extension. No further extensions of this deadline will be granted absent extraordinary circumstances. By Judge Nina Y. Wang on 10/24/2025. Text Only Entry(nywlc9, )
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Filing 36
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 24 October 2025. (agryan)
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| Filing 35 Second MOTION for Extension of Time to File Response/Reply as to #25 Partial MOTION to Dismiss (Unopposed) by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Frisinger, Stephanie) |
| Filing 34 Proposed Scheduling Order by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Frisinger, Stephanie) |
| Filing 33 STIPULATION of Dismissal of Party Community Education Centers, Inc., & Arapahoe County Residential Center by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Attachments: #1 Exhibit)(Frisinger, Stephanie) |
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Filing 32
ORDER granting Plaintiff's #29 Second Unopposed Motion for Extension of Time to Complete Service. Plaintiff's deadline to effect service of process on Defendants Community Education Centers and Arapahoe County Residential Center is extended to October 20, 2025. Entered by Magistrate Judge Kathryn A. Starnella on October 6, 2025. Text Only Entry (kaslc7, )
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| Filing 31 MEMORANDUM regarding #29 Second MOTION for Extension of Time to Serve Defendants (Unopposed) filed by Albert Gallegos, Danessa Garcia-Gallegos. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge Nina Y. Wang on 10/6/2025. Text Only Entry (nywlc8, ) |
| Filing 30 NOTICE of Change of Address/Contact Information by Ann Baumgartner Smith (Smith, Ann) |
| Filing 29 Second MOTION for Extension of Time to Serve Defendants (Unopposed) by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Frisinger, Stephanie) |
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Filing 28
MINUTE ORDER: Plaintiffs' #27 Unopposed Motion for Extension of Time to Respond to Defendant Geo's Motion for Partial Dismissal is GRANTED. Plaintiffs' deadline to respond to the #25 Motion for Partial Dismissal is extended to October 31, 2025. By Judge Nina Y. Wang on 10/2/2024. Text Only Entry(nywlc8, )
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 Partial MOTION to Dismiss by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Frisinger, Stephanie) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT. (Smith, Ann) |
| Filing 25 Partial MOTION to Dismiss by Defendant GEO Group Inc.. (Morrissey, Michaela) |
| Filing 24 ANSWER to #1 Complaint,, by Kristin Talmadge, Steven Frank, Raydawn Carter, GEO Group Inc..(Morrissey, Michaela) |
| Filing 23 ANSWER to #1 Complaint,, and Jury Demand by Kristin Rutz.(O'Connell, William) |
| Filing 22 JOINDER re #21 Designation of Non-Party by Defendant Kristin Rutz. (O'Connell, William) |
| Filing 21 DESIGNATION OF NON-PARTY by Defendants Arapahoe County Residential Center, Kristin Talmadge, Steven Frank, Raydawn Carter, GEO Group Inc., Community Education Centers, Inc. (Smith, Ann) |
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Filing 20
ORDER granting #18 Plaintiff's Motion for Extension of Time to Complete Service. Plaintiff's deadline to effect service of process on Defendants Community Education Centers and Arapahoe County Residential Center is extended to October 6, 2025. By Magistrate Judge Kathryn A. Starnella on September 8, 2025. Text Only Entry (kaslc7, )
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| Filing 19 MEMORANDUM regarding #18 Unopposed MOTION for Extension of Time to Serve Defendants filed by Albert Gallegos, Danessa Garcia-Gallegos. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge Nina Y. Wang on 9/5/2025. Text Only Entry (nywlc8, ) |
| Filing 18 Unopposed MOTION for Extension of Time to Serve Defendants by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos. (Frisinger, Stephanie) |
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Filing 17
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 08/21/2025. It is hereby ordered that the Unopposed Motion to Reset Scheduling Conference #15 is granted. The Scheduling Conference set for October 2, 2025, at 10:00 a.m. is vacated and reset to October 28, 2025, at 11:00 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. No later than October 21, 2025, the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures.(agryan)
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| Filing 16 MEMORANDUM regarding #15 Unopposed MOTION to Reset Scheduling Conference filed by Kristin Rutz. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge Nina Y. Wang on 8/21/2025. Text Only Entry (nywlc8, ) |
| Filing 15 Unopposed MOTION to Reset Scheduling Conference by Defendant Kristin Rutz. (Attachments: #1 Proposed Order (PDF Only) ORDER GRANTING DEFENDANT KRISTIN RUTZS UNOPPOSED MOTION TO RESET SCHEDULING CONFERENCE)(O'Connell, William) |
| Filing 14 NOTICE of Entry of Appearance by William Thomas O'Connell, III on behalf of Kristin RutzAttorney William Thomas O'Connell, III added to party Kristin Rutz(pty:dft) (O'Connell, William) |
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Filing 13
ORDER REFERRING CASE: This case is referred 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 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at her discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 8/20/2025. Text Only Entry (nywlc8, )
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Filing 12
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 08/19/2025. This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction #11 (the "Consent/Non-Consent Form"). 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 #11 indicates that at least one party has declined to consent. Accordingly, this case has been randomly reassigned to Judge Nina Y. Wang. All future pleadings shall be designated as 25-cv-01816-NYW. (agryan)
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| Filing 11 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Albert Gallegos, Albert Gallegos, Danessa Garcia-Gallegos All parties do not consent.. (Frisinger, Stephanie) |
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Filing 10
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on August 11, 2025. On June 11, 2025, the Court entered an #6 Order Setting Scheduling/Planning Conference for October 2, 2025, at 10:00 a.m. The Court's docket entry erroneously indicated the parties' Proposed Scheduling Order is due on August 26, 2025. The Proposed Scheduling Order due on September 25, 2025. Text Only Entry (kaslc7,)
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| Filing 9 NOTICE of Entry of Appearance by Michaela S. Morrissey on behalf of Kristin Talmadge, Steven Frank, Raydawn Carter, GEO Group Inc.Attorney Michaela S. Morrissey added to party Kristin Talmadge(pty:dft), Attorney Michaela S. Morrissey added to party Steven Frank(pty:dft), Attorney Michaela S. Morrissey added to party Raydawn Carter(pty:dft), Attorney Michaela S. Morrissey added to party GEO Group Inc.(pty:dft) (Morrissey, Michaela) |
| Filing 8 NOTICE of Entry of Appearance by Ann Baumgartner Smith on behalf of Kristin Talmadge, Steven Frank, Raydawn Carter, GEO Group Inc.Attorney Ann Baumgartner Smith added to party Kristin Talmadge(pty:dft), Attorney Ann Baumgartner Smith added to party Steven Frank(pty:dft), Attorney Ann Baumgartner Smith added to party Raydawn Carter(pty:dft), Attorney Ann Baumgartner Smith added to party GEO Group Inc.(pty:dft) (Smith, Ann) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Albert Gallegos(as personal representative of the), Danessa Garcia-Gallegos, Albert Gallegos(a next friend of minor heirs). Raydawn Carter waiver sent on 7/21/2025, answer due 9/19/2025; Steven Frank waiver sent on 7/21/2025, answer due 9/19/2025; GEO Group Inc. waiver sent on 7/21/2025, answer due 9/19/2025; Kristin Rutz waiver sent on 7/21/2025, answer due 9/19/2025; Kristin Talmadge waiver sent on 7/21/2025, answer due 9/19/2025. (Attachments: #1 Continuation of Main Document Waiver of Service - Frank, #2 Continuation of Main Document Waiver of Service - GEO, #3 Continuation of Main Document Waiver of Service - Talmadge, #4 Continuation of Main Document Waiver of Service - Rutz)(Frisinger, Stephanie) |
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Filing 6
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 11 June 2025. Proposed Scheduling Order due 8/26/2025. Scheduling Conference set for 10/2/2025 10:00 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 5
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 September 18, 2025. by Magistrate Judge Kathryn A. Starnella on 6/11/2025. Text Only Entry (kaslc2, )
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| Filing 4 NOTICE of Entry of Appearance by David George Maxted on behalf of Albert Gallegos(as personal representative of the), Albert Gallegos(a next friend of minor heirs), Danessa Garcia-GallegosAttorney David George Maxted added to party Albert Gallegos(pty:pla), Attorney David George Maxted added to party Albert Gallegos(pty:pla), Attorney David George Maxted added to party Danessa Garcia-Gallegos(pty:pla) (Maxted, David) |
| 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 against Arapahoe County Residential Center, Raydawn Carter, Community Education Centers, Inc, Steven Frank, GEO Group Inc.,, Kristin Rutz, Kristin Talmadge (Filing fee $ 405,Receipt Number ACODC-10385156)Attorney Stephanie M. Frisinger added to party Estate of Monique Gallegos(pty:pla), Attorney Stephanie M. Frisinger added to party Danessa Garcia-Gallegos(pty:pla), Attorney Stephanie M. Frisinger added to party A. G.(pty:pla), Attorney Stephanie M. Frisinger added to party Y. G.(pty:pla), filed by Y. G., Danessa Garcia-Gallegos, Estate of Monique Gallegos, A. G.. (Attachments: #1 Civil Cover Sheet)(Frisinger, Stephanie) |
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