United Spinal Association et al v. State of Colorado et al
| United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT and Mary Gossman |
| State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan, Colorado Medical Board and Roland Flores |
| Charlie Baratta, M.D. Kerry Broderick, M.A., L.P.C. Kelly Kee and Compassion & Choices Action Network |
| 1:2025cv02014 |
| June 30, 2025 |
| U.S. District Court for the District of Colorado |
| Regina M Rodriguez |
| Scott T Varholak |
| Constitutionality of State Statutes |
| 42 U.S.C. § 1983 (v)(p) - Violation of Due Process & Equal Protection |
| None |
Docket Report
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| Filing 56 STIPULATION for Dismissal of Section 1983 Claims Against Defendant State of Colorado by Defendants Colorado Department of Public Health & Environment, Colorado Medical Board, Roland Flores, Jared Polis, Jill Ryan, State of Colorado. (Nierenberg, Lily) |
| Filing 55 TRANSCRIPT of Motion Hearing held on November 6, 2025 before Magistrate Judge Varholak. Pages: 1-16. 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. (Patterson Transcription Company, ) |
| Filing 54 TRANSCRIPT of Motion Hearing held on October 8, 2025 before Magistrate Judge Varholak. Pages: 1-21. 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. (Patterson Transcription Company, ) |
| Filing 53 MINUTE ENTRY for Motion Hearing held on 11/6/2025 before Magistrate Judge Scott T. Varholak: taking under advisement #37 Motion to Intervene; FTR: A402. (msmot, ) |
| Filing 52 REPLY to Response to #37 MOTION to Intervene filed by Intervenor Defendants Charlie Baratta, Kerry Broderick, Compassion & Choices Action Network, Kelly Kee. (Kappos, John) |
| Filing 51 RESPONSE to #37 MOTION to Intervene filed by Plaintiffs Atlantis ADAPT, Mary Gossman, Institute for Patients' Rights, Not Dead Yet, United Spinal Association. (Speir, Ian) |
| Filing 50 REPLY to Response to #20 Joint MOTION to Dismiss Attorney Jason Peter Marquez added to party Colorado Department of Public Health & Environment(pty:dft) filed by Defendants Colorado Department of Public Health & Environment, Colorado Medical Board, Roland Flores, Jared Polis, Jill Ryan, State of Colorado. (Marquez, Jason) |
Filing 49
ORDER granting Defendants' #47 Unopposed Motion for Leave to File a Fifteen-Page Reply in Support of Their Joint Motion to Dismiss. Defendants are granted leave to file a reply in support of their Joint Motion to Dismiss up to 15 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/10/2025. Text Only Entry(stvlc7, )
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Filing 48
ORDER REFERRING MOTION: #47 Unopposed MOTION for Leave to File Excess Pages in Reply as to #20 Joint MOTION to Dismiss filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/10/2025. Text Only Entry (kmyha)
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| Filing 47 Unopposed MOTION for Leave to File Excess Pages in Reply as to #20 Joint MOTION to Dismiss by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: #1 Proposed Order (PDF Only))(Keener, Brian) |
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Filing 46
ORDER granting Defendants' #44 Unopposed Motion for Extension of Time to File Reply in Support of Joint Motion to Dismiss [Dkt. 20]. For good cause shown, the deadline for Defendants to file a reply in Support of #20 Joint Motion to Dismiss is EXTENDED to October 20, 2025. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/10/2025. Text Only Entry(stvlc7, )
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Filing 45
ORDER REFERRING MOTION: #44 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Joint MOTION to Dismiss filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/10/2025. Text Only Entry (kmyha)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Joint MOTION to Dismiss by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: #1 Proposed Order (PDF Only))(Keener, Brian) |
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Filing 43
MINUTE ORDER Pursuant to communication with parties, the Motion Hearing set for 11/5/2025 is VACATED and RESET for November 6, 2025 at 2:45 PM. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/9/2025. Text Only Entry (stvlc7, )
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| Filing 42 MINUTE ENTRY for Motion Hearing held on 10/8/2025 Magistrate Judge Scott T. Varholak. Defendant's Motion for Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 #21 is GRANTED. FTR: A402. (spric) |
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Filing 41
MINUTE ORDER This matter is before the Court on #37 Motion to Intervene (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiffs shall file a Response to the Motion on or before 10/22/25, and Proposed Intervenors (Charlie Baratta, Kerry Broderick, Kelly Kee, and Compassion & Choices Action Network) may then file a reply on or before 10/29/25. This Motion will be taken up at a Hearing set for 11/5/25 at 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/8/2025. Text Only Entry (stvlc7, )
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Filing 40
ORDER REFERRING MOTION: #37 MOTION to Intervene filed by Compassion & Choices Action Network, Kerry Broderick, Charlie Baratta, Kelly Kee. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/8/2025. Text Only Entry (kmyha)
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| Filing 39 NOTICE of Entry of Appearance Jessica Pezley by Jessica Pezley on behalf of Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action NetworkAttorney Jessica Pezley added to party Charlie Baratta(pty:intvd), Attorney Jessica Pezley added to party Kerry Broderick(pty:intvd), Attorney Jessica Pezley added to party Kelly Kee(pty:intvd), Attorney Jessica Pezley added to party Compassion & Choices Action Network(pty:intvd) (Pezley, Jessica) |
| Filing 38 NOTICE of Entry of Appearance of Veronica S. Darling by Veronica S. Darling on behalf of Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action NetworkAttorney Veronica S. Darling added to party Charlie Baratta(pty:intvd), Attorney Veronica S. Darling added to party Kerry Broderick(pty:intvd), Attorney Veronica S. Darling added to party Kelly Kee(pty:intvd), Attorney Veronica S. Darling added to party Compassion & Choices Action Network(pty:intvd) (Darling, Veronica) |
| Filing 37 MOTION to Intervene by Intervenor Defendants Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action Network. (Attachments: #1 Declaration of John Kappos, #2 Exhibit 1, #3 Declaration of Charlie Baratta, #4 Declaration of Kelly Kee, #5 Declaration of Kerry Broderick, #6 Answer in Intervention)(Kappos, John) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT. (Kappos, John) |
| Filing 35 NOTICE of Entry of Appearance by John Kappos on behalf of Charlie Baratta, Kerry Broderick, Kelly Kee, Compassion & Choices Action NetworkAttorney John Kappos added to party Charlie Baratta(pty:intvd), Attorney John Kappos added to party Kerry Broderick(pty:intvd), Attorney John Kappos added to party Kelly Kee(pty:intvd), Attorney John Kappos added to party Compassion & Choices Action Network(pty:intvd) (Kappos, John) |
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Filing 34
ORDER granting Defendants' #32 Unopposed Motion for Extension to Respond to Requests for Production. For good cause shown, the deadline for Defendants to respond to Plaintiffs' discovery requests is EXTENDED to November 19, 2025. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/6/2025. Text Only Entry(stvlc7, )
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Filing 33
ORDER REFERRING MOTION: #32 Unopposed MOTION for Extension of Time to Respond to Requests for Production filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/6/2025. Text Only Entry (kmyha)
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| Filing 32 Unopposed MOTION for Extension of Time to Respond to Requests for Production by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Nierenberg, Lily) |
| Filing 31 REPLY to Response to #21 MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 filed by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Nierenberg, Lily) |
| Filing 30 RESPONSE to #20 Joint MOTION to Dismiss filed by Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman. (Galvan, Ernest) |
| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan, Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman All parties do not consent.. (Nierenberg, Lily) |
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Filing 28
ORDER granting #26 Plaintiffs' Unopposed Motion for Leave to File Ten Excess Pages in Response to Defendants' Joint Motion to Dismiss. Plaintiffs are granted leave to file a Response to Defendants' Joint Motion to Dismiss up to 25 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/26/2025. Text Only Entry(stvlc7, )
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Filing 27
ORDER REFERRING MOTION: #26 Unopposed MOTION for Leave to File Excess Pages in Response to Defendants' Joint Motion to Dismiss filed by Institute for Patients' Rights, Mary Gossman, Atlantis ADAPT, Not Dead Yet, United Spinal Association. Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 9/26/2025. Text Only Entry (rmrja)
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| Filing 26 Unopposed MOTION for Leave to File Excess Pages in Response to Defendants' Joint Motion to Dismiss by Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman. (Attachments: #1 Proposed Order (PDF Only))(Janssen, Kara) |
| Filing 25 RESPONSE to #21 MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 filed by Plaintiffs United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary Gossman. (Janssen, Kara) |
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Filing 24
ORDER granting Defendant's #19 Unopposed Motion for Leave to File One Twenty-Five Page Motion to Dismiss for all Defendants. Defendants are granted leave to file a motion to dismiss up to 25 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/10/2025. Text Only Entry (stvlc7, )
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Filing 23
MINUTE ORDER This matter is before the Court on Defendant's #21 Motion for Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiff shall file a Response to the Motion on or before 9/23/25, and Defendant may then file a reply on or before 9/30/25. This Motion will be taken up at a Hearing set for 10/8/25 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Scheduling Conference set for 9/17/25 and associated deadlines are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/9/2025. Text Only Entry (stvlc7, )
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Filing 22
ORDER REFERRING MOTIONS: #20 Joint MOTION to Dismiss filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board, #19 Unopposed MOTION for Leave to File Excess Pages to File One Twenty-Five Page Motion to Dismiss for All Defendants filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board, #21 MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 filed by Roland Flores, Colorado Department of Public Health & Environment, State of Colorado, Jill Ryan, Jared Polis, Colorado Medical Board. Motions referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 9/9/2025. Text Only Entry (rmrja)
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| Filing 21 MOTION to Stay of Discovery and to Vacate Scheduling Conference Set for September 17, 2025 by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: #1 Appendix Defs' Exhibits A-G)(Nierenberg, Lily) |
| Filing 20 Joint MOTION to Dismiss by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Nierenberg, Lily) |
| Filing 19 Unopposed MOTION for Leave to File Excess Pages to File One Twenty-Five Page Motion to Dismiss for All Defendants by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan. (Attachments: #1 Proposed Order (PDF Only))(Nierenberg, Lily) |
| Filing 18 NOTICE of Entry of Appearance by Luma Khabbaz on behalf of United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary GossmanAttorney Luma Khabbaz added to party United Spinal Association(pty:pla), Attorney Luma Khabbaz added to party Not Dead Yet(pty:pla), Attorney Luma Khabbaz added to party Institute for Patients' Rights(pty:pla), Attorney Luma Khabbaz added to party Atlantis ADAPT(pty:pla), Attorney Luma Khabbaz added to party Mary Gossman(pty:pla) (Khabbaz, Luma) |
| Filing 17 NOTICE of Entry of Appearance by Kara Jane Janssen on behalf of United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary GossmanAttorney Kara Jane Janssen added to party United Spinal Association(pty:pla), Attorney Kara Jane Janssen added to party Not Dead Yet(pty:pla), Attorney Kara Jane Janssen added to party Institute for Patients' Rights(pty:pla), Attorney Kara Jane Janssen added to party Atlantis ADAPT(pty:pla), Attorney Kara Jane Janssen added to party Mary Gossman(pty:pla) (Janssen, Kara) |
| Filing 16 NOTICE of Entry of Appearance by Ernest Galvan on behalf of United Spinal Association, Not Dead Yet, Institute for Patients' Rights, Atlantis ADAPT, Mary GossmanAttorney Ernest Galvan added to party United Spinal Association(pty:pla), Attorney Ernest Galvan added to party Not Dead Yet(pty:pla), Attorney Ernest Galvan added to party Institute for Patients' Rights(pty:pla), Attorney Ernest Galvan added to party Atlantis ADAPT(pty:pla), Attorney Ernest Galvan added to party Mary Gossman(pty:pla) (Galvan, Ernest) |
| Filing 15 NOTICE of Related Cases by Defendants Colorado Medical Board, Roland Flores, State of Colorado, Jared Polis, Colorado Department of Public Health & Environment, Jill Ryan (Nierenberg, Lily) |
| Filing 14 NOTICE of Entry of Appearance by Lily E. Nierenberg on behalf of State of Colorado, Jared PolisAttorney Lily E. Nierenberg added to party State of Colorado(pty:dft), Attorney Lily E. Nierenberg added to party Jared Polis(pty:dft) (Nierenberg, Lily) |
| Filing 13 NOTICE of Entry of Appearance by Ian Seth Speir on behalf of All Plaintiffs Attorney Ian Seth Speir added to party United Spinal Association(pty:pla), Attorney Ian Seth Speir added to party Not Dead Yet(pty:pla), Attorney Ian Seth Speir added to party Institute for Patients' Rights(pty:pla), Attorney Ian Seth Speir added to party Atlantis ADAPT(pty:pla), Attorney Ian Seth Speir added to party Mary Gossman(pty:pla) (Speir, Ian) |
| Filing 12 NOTICE of Entry of Appearance by Joshua Robert Woolf on behalf of Jill RyanAttorney Joshua Robert Woolf added to party Jill Ryan(pty:dft) (Woolf, Joshua) |
| Filing 11 NOTICE of Entry of Appearance by Jason Peter Marquez on behalf of Jill RyanAttorney Jason Peter Marquez added to party Jill Ryan(pty:dft) (Marquez, Jason) |
| Filing 10 NOTICE of Entry of Appearance by Zachary W. Fitzgerald on behalf of Colorado Medical Board, Roland FloresAttorney Zachary W. Fitzgerald added to party Colorado Medical Board(pty:dft), Attorney Zachary W. Fitzgerald added to party Roland Flores(pty:dft) (Fitzgerald, Zachary) |
| Filing 9 NOTICE of Entry of Appearance by Brian A. Keener on behalf of Colorado Medical Board, Roland FloresAttorney Brian A. Keener added to party Colorado Medical Board(pty:dft), Attorney Brian A. Keener added to party Roland Flores(pty:dft) (Keener, Brian) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. Colorado Department of Public Health & Environment waiver sent on 7/9/2025, answer due 9/8/2025; Jill Ryan waiver sent on 7/9/2025, answer due 9/8/2025. (Attachments: #1 Continuation of Main Document)(Galvan, Ernest) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. Colorado Medical Board waiver sent on 7/8/2025, answer due 9/8/2025; Roland Flores waiver sent on 7/8/2025, answer due 9/8/2025. (Attachments: #1 Continuation of Main Document)(Galvan, Ernest) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. Jared Polis waiver sent on 7/8/2025, answer due 9/8/2025; State of Colorado waiver sent on 7/8/2025, answer due 9/8/2025. (Attachments: #1 Continuation of Main Document)(Galvan, Ernest) |
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Filing 5
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 07/01/2025. IT IS ORDERED:Pursuant to Fed. R. Civ. P. 16(b) and Local Civil Rule 16.1, the Court shall hold a scheduling conference on: September 17, 2025 at 2:30 PM in Courtroom A-402, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. On or before September 10, 2025, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2. (jrobe, )
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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. SO ORDERED by Judge Regina M. Rodriguez on 6/30/2025. Text Only Entry (rmrja)
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Magistrate Judge Consent Form) (sadhi, ) |
| Filing 2 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (sadhi, ) |
| Filing 1 COMPLAINT against Colorado Department of Public Health & Environment, Colorado Medical Board, Roland Flores, Jared Polis, Jill Ryan, State of Colorado (Filing fee $ 405,Receipt Number ACODC-10416388)Attorney Michael William Bien added to party United Spinal Association(pty:pla), Attorney Michael William Bien added to party Not Dead Yet(pty:pla), Attorney Michael William Bien added to party Institute for Patients' Rights(pty:pla), Attorney Michael William Bien added to party Atlantis ADAPT(pty:pla), Attorney Michael William Bien added to party Mary Gossman(pty:pla), filed by Institute for Patients' Rights, Not Dead Yet, United Spinal Association, Atlantis ADAPT, Mary Gossman. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Bien, Michael) |
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