Cole v. City of Denver et al
| Ebony Cole |
| City of Denver, Ron Thomas, Steven Watson, Audrey McAndrews, Brian Husum and Brian Holm |
| 1:2025cv02414 |
| August 5, 2025 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Civil Rights: Other |
| 42 U.S.C. § 1983 (d) - Civil Rights (Death) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 43 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kathryn A. Starnella on 1/29/2026. ORDERED: Plaintiffs' Motion for Leave to Amend [#38] is GRANTED. Plaintiff to file the amended complaint no later than close of business 1/29/26. ORDERED: The Court finds that the issues pursuant to F.R.C.P. 12(b)(1) are MOOT in Defendants' Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) #22 . ORDERED: Plaintiff's oral Motion to Stay Pending Adjudication of Defendants' Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) #22 is GRANTED. FTR: Courtroom A501. (lgale) |
| Filing 42 AMENDED COMPLAINT against All Defendants, filed by Ebony Cole.(Frate, Joseph) |
| Filing 41 RESPONSE to #38 MOTION for Leave to Amend Complaint filed by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson. (Oh-Willeke, Andrew) |
| Filing 40 REPLY to Response to #22 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) filed by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson. (Attachments: #1 Exhibit Exhibit C, #2 Exhibit Exhibit D)(Oh-Willeke, Andrew) |
| Filing 39 BRIEF in Opposition to #22 MOTION to Dismiss filed by Plaintiff Ebony Cole. (Frate, Joseph) |
| Filing 38 MOTION for Leave to Amend Complaint by Plaintiff Ebony Cole. (Attachments: #1 Proposed Document Amended Complaint)(Frate, Joseph) |
| Filing 37 Proposed Scheduling Order by Plaintiff Ebony Cole. (Frate, Joseph) |
Filing 36
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 2 January 2026. IT IS HEREBY ORDERED that the Scheduling Conference set for January 5, 2026, at 10:00 a.m. is VACATED and RESET to January 29, 2026, at 9:30 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 Plaintiff shall file the proposed Scheduling Order by no later than January 22, 2026. The parties are strongly admonished to follow court-imposed deadlines in the future. (cmadr, )
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Filing 35
MINUTE ORDER: A Scheduling Conference is set for January 5, 2026, at 10:00 a.m. Pursuant to the October 28, 2025 Order [#11], the proposed Scheduling Order was due by December 29, 2025. No Scheduling Order has been filed. Accordingly, Plaintiff shall file the proposed Scheduling Order by no later than January 2, 2026, at 10:00 a.m. Alternatively, if the parties believe they cannot comply with that deadline, a party may file a motion to continue the scheduling conference by the above-referenced deadline. Entered by Magistrate Judge Kathryn A. Starnella on December 31, 2025. Text Only Entry (kaslc7, )
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Filing 34
ORDER OF REFERENCE. Pursuant to the unanimous consent of the parties to the jurisdiction of a U.S. Magistrate Judge in this matter, this case is referred to U. S. Magistrate Judge Kathryn A. Starnella (or any U.S. Magistrate Judge upon potential reassignment) for all purposes including final disposition pursuant to 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Judge Starnella shall conduct any and all further proceedings in this case, including trial, and order the entry of a final judgment. The parties and the Clerk of Court are DIRECTED to use the following case number for all future filings in this action: 25-cv-02414-KAS. By District Judge Gordon P. Gallagher on 12/24/2025. Text Only Entry. (amona,)
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| Filing 33 CONSENT to Jurisdiction of Magistrate Judge by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson All parties consent.. (Oh-Willeke, Andrew) |
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Filing 32
ORDER granting #31 Unopposed Motion for Extension of Time to File Response. The Court Orders that Plaintiff shall have an extension of time to respond to Defendants Motion to Dismiss [Doc. 22] said extension being from December 26, 2025, until January 2, 2026. By District Judge Gordon P. Gallagher on December 23, 2025. Text Only Entry. (gpglc3)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss by Plaintiff Ebony Cole. (Frate, Joseph) |
| Filing 30 RESTRICTED DOCUMENT - Level 1: Exhibit B (Autopsy Report) to #22 Motion To Dismiss by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson.. (Oh-Willeke, Andrew) Modified on 12/17/2025 to add linkage (amona, ). |
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Filing 29
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 8 December 2025. IT IS HEREBY ORDERED that the Motion #24 is GRANTED. IT IS FURTHER ORDERED that Defendants shall file Exhibit B to their Motion to Dismiss UNDER RESTRICTION at LEVEL 1 no later than December 12, 2025.(cmadr, )
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Filing 28
ORDER granting #27 Unopposed Motion for Extension of Time to File Response. The Court hereby extends Plaintiffs' time to respond to Defendants Motion to Dismiss [Doc. 22] from December 12, 2025, until December 26, 2025.By District Judge Gordon P. Gallagher on December 3, 2025. Text Only Entry. (gpglc3)
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss by Plaintiff Ebony Cole. (Frate, Joseph) |
| Filing 26 MEMORANDUM regarding #24 Unopposed MOTION for Leave to Restrict filed by Audrey McAndrews, Brian Husum, Steven Watson, Ron Thomas, Brian Holm, City of Denver. Motion referred to Magistrate Judge Kathryn A. Starnella.By District Judge Gordon P. Gallagher on November 24, 2025. Text Only Entry. (gpglc3) |
| Filing 25 Conventionally Submitted Material: 1 Purple USB Flash Drive to #22 MOTION to Dismiss , #23 Notice by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson. Location: 1st Floor oversized area, box A-4-1. Text Only Entry. (amona,) Modified on 11/24/2025 to correct filing date (amona, ). |
| Filing 24 Unopposed MOTION for Leave to Restrict by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson. (Attachments: #1 Exhibit Exhibit B (Autopsy Report))(Oh-Willeke, Andrew) |
| Filing 23 NOTICE re #22 MOTION to Dismiss Notice of Conventionally Submitted Exhibit by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson (Oh-Willeke, Andrew) |
| Filing 22 MOTION to Dismiss by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson. (Attachments: #1 Affidavit Declaration of Jessie Foreman Nava Authenticating Exhibits to Motion to Dismiss, #2 Exhibit Unverified Transcript of Exhibit A (911 Call), #3 Exhibit Exhibit B Placeholder)(Oh-Willeke, Andrew) |
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Filing 21
MINUTE ORDER: Defendants' #19 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint is granted. Defendants shall file their Answer or otherwise respond to Plaintiffs' Complaint no later than November 25, 2025. Entered by Magistrate Judge Kathryn A. Starnella on November 10, 2025. Text Only Entry (kaslc7, )
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| Filing 20 MEMORANDUM regarding #19 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by Audrey McAndrews, Brian Husum, Steven Watson, Ron Thomas, Brian Holm, City of Denver. Motion referred to Magistrate Judge Kathryn A. Starnella. By District Judge Gordon P. Gallagher on November 10, 2025. Text Only Entry. (gpglc3) |
| Filing 19 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Defendants City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson. (Oh-Willeke, Andrew) |
| Filing 18 NOTICE of Entry of Appearance by Andrew G. Oh-Willeke on behalf of All Defendants Attorney Andrew G. Oh-Willeke added to party City of Denver(pty:dft), Attorney Andrew G. Oh-Willeke added to party Brian Holm(pty:dft), Attorney Andrew G. Oh-Willeke added to party Brian Husum(pty:dft), Attorney Andrew G. Oh-Willeke added to party Audrey McAndrews(pty:dft), Attorney Andrew G. Oh-Willeke added to party Ron Thomas(pty:dft), Attorney Andrew G. Oh-Willeke added to party Steven Watson(pty:dft) (Oh-Willeke, Andrew) |
| Filing 17 SUMMONS Returned Executed by Ebony Cole. Steven Watson served on 10/29/2025, answer due 11/19/2025. (Frate, Joseph) |
| Filing 16 SUMMONS Returned Executed by Ebony Cole. Brian Holm served on 10/31/2025, answer due 11/21/2025. (Frate, Joseph) |
| Filing 15 SUMMONS Returned Executed by Ebony Cole. Audrey McAndrews served on 10/30/2025, answer due 11/20/2025. (Frate, Joseph) |
| Filing 14 SUMMONS Returned Executed by Ebony Cole. Brian Husum served on 10/27/2025, answer due 11/17/2025. (Frate, Joseph) |
| Filing 13 SUMMONS Returned Executed by Ebony Cole. Ron Thomas served on 10/27/2025, answer due 11/17/2025. (Frate, Joseph) |
| Filing 12 SUMMONS Returned Executed by Ebony Cole. City of Denver served on 10/27/2025, answer due 11/17/2025. (Frate, Joseph) |
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Filing 11
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 28 October 2025. IT IS HEREBY ORDERED that the Motion #9 is GRANTED. The Scheduling Conference set for November 6, 2025, at 9:30 a.m. is VACATED and RESET to January 5, 2026, 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 December 29, 2025, the parties shall submit their proposed scheduling order. IT IS FURTHER ORDERED that the deadline to file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction #4 is extended to December 22, 2025.(cmadr, )
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Filing 10
MEMORANDUM regarding #9 First MOTION to Vacate Dates for Proposed Scheduling Order and Scheduling Conference filed by Ebony Cole. Motion referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 10/28/2025. Text Only Entry (dclem)
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| Filing 9 First MOTION to Vacate Dates for Proposed Scheduling Order and Scheduling Conference by Plaintiff Ebony Cole. (Frate, Joseph) |
| Filing 8 NOTICE of Entry of Appearance by Joseph T. Frate on behalf of All Plaintiffs Attorney Joseph T. Frate added to party Ebony Cole(pty:pla) (Frate, Joseph) |
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Filing 7
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 24 October 2025. (cmadr, )
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Filing 6
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 6 August 2025. Proposed Scheduling Order due 10/30/2025. Scheduling Conference set for 11/6/2025 09:30 AM in Courtroom A 501 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (cmadr, )
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. 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 8/6/2025. Text Only Entry (sphil, )
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| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Magistrate Judge Consent Form) (eguth, ) |
| Filing 3 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint,, filed by attorney Jonathan S Crevier. DO NOT REFILE THE DOCUMENT. Action to take - 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) (eguth, ) |
| Filing 1 COMPLAINT against City of Denver, Brian Holm, Brian Husum, Audrey McAndrews, Ron Thomas, Steven Watson (Filing fee $ 405,Receipt Number ACODC-10478741)Attorney Jonathan S. Crevier added to party Ebony Cole(pty:pla), Attorney Jonathan S. Crevier added to party A. C.(pty:pla), Attorney Jonathan S. Crevier added to party J. C.(pty:pla), Attorney Jonathan S. Crevier added to party M. C.(pty:pla), filed by J. C., A. C., Ebony Cole, M. C.. (Attachments: #1 Civil Cover Sheet, #2 Summons to City of Denver, #3 Summons to Chief Ron Thomas, #4 Summons to Steven Watson, #5 Summons to Audrey McAndrews, #6 Summons to Sgt. Brian Husum, #7 Summons to Cpl. Brian Holm)(Crevier, Jonathan) |
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