Del Toro et al v. Polis et al
| Israel Del Toro, Kathleen Clayton, Luke Sorensen, Nathanael Skiver, Garrett Flicker, Colorado State Shooting Association and Jason Reeves |
| Jared Schutz Polis, Philip Jacob Weiser, Michael J. Allen and Laura Clellan |
| 1:2025cv02725 |
| September 2, 2025 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| William J Martinez |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 48 Unopposed MOTION for Leave to File Excess Pages for Their Motion to Dismiss by Defendants Laura Clellan, Jared Schutz Polis, Philip Jacob Weiser. (Holter, Kyle) |
| Filing 47 NOTICE of Entry of Appearance by Lane Towery on behalf of Laura ClellanAttorney Lane Towery added to party Laura Clellan(pty:dft) (Towery, Lane) |
| Filing 46 NOTICE of Entry of Appearance by Kyle M. Holter on behalf of Laura ClellanAttorney Kyle M. Holter added to party Laura Clellan(pty:dft) (Holter, Kyle) |
| Filing 45 NOTICE of Entry of Appearance by Emily B. Buckley on behalf of Laura ClellanAttorney Emily B. Buckley added to party Laura Clellan(pty:dft) (Buckley, Emily) |
| Filing 44 Proposed Scheduling Order by Plaintiffs Colorado State Shooting Association, Israel Del Toro, Garrett Flicker, Jason Reeves, Nathanael Skiver, Luke Sorensen. (McCoy, Michael) |
Filing 43
ORDER granting Defendant Michael J. Allen's Unopposed Motion for Leave to File Excess Pages ("Motion") #42 . The Motion is GRANTED for good cause shown. Defendant Allen is granted leave to file his Motion to Dismiss Plaintiffs' First Amended Complaint not to exceed 25 pages, exclusive of attorney signature blocks and certificate of service. It is FURTHER ORDERED that Plaintiffs are granted leave to file their response to the Motion to Dismiss not to exceed 25 pages, and Defendant Allen is granted leave to file his reply in support of his motion not to exceed 13 pages, each document exclusive of attorney signature block and certificate of service. SO ORDERED by Judge William J. Martinez on 2/26/2026. Text Only Entry(wjmja, )
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| Filing 42 Unopposed MOTION for Leave to File Excess Pages by Defendant Michael J. Allen. (Schmid, Bryan) |
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Filing 41
MINUTE ORDER granting the #39 Third Joint Motion to Continue Deadline for Filing Proposed Scheduling Order. The deadline to file a proposed scheduling order is extended to February 27, 2026. By Magistrate Judge Maritza Dominguez Braswell on 1/20/2026. Text Only Entry(mdblc1)
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Filing 40
MEMORANDUM regarding #39 Third MOTION to Continue Deadline for Filing Proposed Scheduling Order filed by Nathanael Skiver, Garrett Flicker, Luke Sorensen, Jason Reeves, Israel Del Toro, Colorado State Shooting Association. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 1/20/2026. Text Only Entry (wjmja, )
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| Filing 39 Third MOTION to Continue Deadline for Filing Proposed Scheduling Order by Plaintiffs Colorado State Shooting Association, Israel Del Toro, Garrett Flicker, Jason Reeves, Nathanael Skiver, Luke Sorensen. (McCoy, Michael) |
| Filing 38 NOTICE of Entry of Appearance by David Charles Cooperstein on behalf of Laura ClellanAttorney David Charles Cooperstein added to party Laura Clellan(pty:dft) (Cooperstein, David) |
| Filing 37 WAIVER OF SERVICE Returned Executed by Luke Sorensen, Jason Reeves, Nathanael Skiver, Colorado State Shooting Association, Garrett Flicker, Israel Del Toro. Laura Clellan waiver sent on 1/8/2026, answer due 3/9/2026. (McCoy, Michael) |
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Filing 36
ORDER: This matter is before the Court on the State Defendants' Motion to Dismiss Under F.R.C.P. 12(b)(1) and 12(b)(6) #25 . Because Plaintiffs have now filed a #33 First Amended Complaint, the Motion to Dismiss Plaintiffs' original complaint is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) ("Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is moot."). Accordingly, State Defendants' Motion to Dismiss Under F.R.C.P. 12(b)(1) and 12(b)(6) #25 is DENIED as MOOT. SO ORDERED by Judge William J. Martinez on 1/5/2026. Text Only Entry(wjmja, )
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Filing 35
ORDER granting #34 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint. Defendants Michael J. Allen, Jared Schutz Polis, Philip Jacob Weiser are granted leave, for good cause shown, to file said Response on or before March 3, 2026. SO ORDERED by Judge William J. Martinez on 1/5/2026. Text Only Entry(wjmja, )
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| Filing 34 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #33 Amended Complaint by Defendants Michael J. Allen, Jared Schutz Polis, Philip Jacob Weiser. (Holter, Kyle) |
| Filing 33 AMENDED COMPLAINT against All Defendants, filed by Luke Sorensen, Jason Reeves, Nathanael Skiver, Colorado State Shooting Association, Garrett Flicker, Israel Del Toro, Kathleen Clayton.(McCoy, Michael) |
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Filing 32
ORDER: The Court is in receipt of Plaintiffs' Notice of Filing First Amended Complaint Pursuant to FRCP 15(A)(1) & D.C.ColoLCivR 15.1(A) #31 . The Court accepts the Amended Complaint as filed. Plaintiffs are DIRECTED to file a separate notice of filing the Amended Complaint no later than December 23, 2025. SO ORDERED by Judge William J. Martinez on 12/22/2025. Text Only Entry (wjmja, )
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| Filing 31 NOTICE of Filing Amended Pleading First Amended Complaint by Plaintiffs Kathleen Clayton, Colorado State Shooting Association, Israel Del Toro, Garrett Flicker, Jason Reeves, Nathanael Skiver, Luke Sorensen (Attachments: #1 Exhibit A First Amended Complaint, #2 Exhibit B Copy of First Amended Complaint with Strike Throughs and Underlines, #3 Exhibit C Colorado Senate Bill 25-003)(McCoy, Michael) |
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Filing 30
ORDER granting #26 Defendant Michael J. Allen's Second Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint. Defendant Allen is granted leave, for good cause shown, to file said Response no later than fourteen days after Plaintiffs' First Amended Complaint is filed with the Court. SO ORDERED by Judge William J. Martinez on 12/12/2025. Text Only Entry(wjmja, )
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Filing 29
MINUTE ORDER granting the #27 Second Joint Motion to Continue Deadline for Filing Proposed Scheduling Order. The proposed scheduling order deadline extended to January 20, 2026. By Magistrate Judge Maritza Dominguez Braswell on 12/12/2025. Text Only Entry(mdblc1)
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Filing 28
MEMORANDUM regarding #27 Second MOTION to Continue Deadline for Filing Proposed Scheduling Order filed by Nathanael Skiver, Garrett Flicker, Luke Sorensen, Kathleen Clayton, Jason Reeves, Israel Del Toro, Colorado State Shooting Association. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 12/12/2025. Text Only Entry (wjmja, )
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| Filing 27 Second MOTION to Continue Deadline for Filing Proposed Scheduling Order by Plaintiffs Kathleen Clayton, Colorado State Shooting Association, Israel Del Toro, Garrett Flicker, Jason Reeves, Nathanael Skiver, Luke Sorensen. (McCoy, Michael) |
| Filing 26 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, by Defendant Michael J. Allen. (Schmid, Bryan) |
| Filing 25 MOTION to Dismiss Under F.R.C.P. 12(b)(1) and 12(b)(6) by Defendants Jared Schutz Polis, Philip Jacob Weiser. (Holter, Kyle) |
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Filing 24
ORDER granting #23 Defendant Michael Allen's Amended Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint ("Motion"). Defendant Michael Allen is granted leave, for good cause shown, to file said Response on or before December 11, 2025. SO ORDERED by Judge William J. Martinez on 12/1/2025. Text Only Entry(wjmja, )
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| Filing 23 Amended MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, by Defendant Michael J. Allen. (Schmid, Bryan) |
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Filing 22
ORDER denying Defendant Michael Allen's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint ("Motion") #20 . Defendant's Motion is DENIED without prejudice to refiling given Defendant's counsel's failure to serve a copy of the Motion on their clients, as required by D.C.COLO.LCivR 6.1(c) and WJM Revised Practice Standard II.D.2. The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 12/1/2025. Text Only Entry(wjmja, )
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Filing 21
ORDER granting State Defendants' Unopposed Motion for Extension of Page Limit for Their Motion to Dismiss ("Motion") #19 . Defendants' Motion is GRANTED for good cause shown. State Defendants are granted leave to file their Motion to Dismiss not to exceed 25 pages, exclusive of attorney signature blocks and certificate of service. Plaintiffs are GRANTED leave to file a Response of the same length. SO ORDERED by Judge William J. Martinez on 12/1/2025. Text Only Entry(wjmja, )
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| Filing 20 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Michael J. Allen. (Schmid, Bryan) |
| Filing 19 Unopposed MOTION for Leave to File Excess Pages by Defendants Jared Schutz Polis, Philip Jacob Weiser. (Towery, Lane) |
| Filing 18 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Michael J. Allen, Jared Schutz Polis, Philip Jacob Weiser. Michael J. Allen answer due 12/1/2025; Jared Schutz Polis answer due 12/1/2025; Philip Jacob Weiser answer due 12/1/2025. (Schmid, Bryan) |
| Filing 17 NOTICE of Entry of Appearance by Lane Towery on behalf of Jared Schutz Polis, Philip Jacob WeiserAttorney Lane Towery added to party Jared Schutz Polis(pty:dft), Attorney Lane Towery added to party Philip Jacob Weiser(pty:dft) (Towery, Lane) |
| Filing 16 NOTICE of Entry of Appearance by Kyle M. Holter on behalf of Jared Schutz Polis, Philip Jacob WeiserAttorney Kyle M. Holter added to party Jared Schutz Polis(pty:dft), Attorney Kyle M. Holter added to party Philip Jacob Weiser(pty:dft) (Holter, Kyle) |
| Filing 15 NOTICE of Entry of Appearance by Emily B. Buckley on behalf of Jared Schutz Polis, Philip Jacob WeiserAttorney Emily B. Buckley added to party Jared Schutz Polis(pty:dft), Attorney Emily B. Buckley added to party Philip Jacob Weiser(pty:dft) (Buckley, Emily) |
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Filing 14
MINUTE ORDER granting the #12 Joint Motion to Continue Deadline for Filing Proposed Scheduling Order. The deadline to file a proposed scheduling order is extended to December 15, 2025. By Magistrate Judge Maritza Dominguez Braswell on 10/6/2025. Text Only Entry(mdblc1)
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Filing 13
MEMORANDUM regarding #12 Joint MOTION to Continue Deadline for Filing Proposed Scheduling Order filed by Nathanael Skiver, Garrett Flicker, Luke Sorensen, Kathleen Clayton, Jason Reeves, Israel Del Toro, Colorado State Shooting Association. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 10/6/2025. Text Only Entry (wjmja, )
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| Filing 12 Joint MOTION to Continue Deadline for Filing Proposed Scheduling Order by Plaintiffs Jason Reeves, Israel Del Toro, Kathleen Clayton, Luke Sorensen, Nathanael Skiver, Garrett Flicker, Colorado State Shooting Association. (McCoy, Michael) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Luke Sorensen, Jason Reeves, Nathanael Skiver, Colorado State Shooting Association, Garrett Flicker, Israel Del Toro, Kathleen Clayton. Philip Jacob Weiser waiver sent on 9/11/2025, answer due 11/10/2025. (McCoy, Michael) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Luke Sorensen, Jason Reeves, Nathanael Skiver, Colorado State Shooting Association, Garrett Flicker, Israel Del Toro, Kathleen Clayton. Jared Schutz Polis waiver sent on 9/11/2025, answer due 11/10/2025. (McCoy, Michael) |
| Filing 9 NOTICE of Entry of Appearance by Nathan James Whitney on behalf of Michael J. AllenAttorney Nathan James Whitney added to party Michael J. Allen(pty:dft) (Whitney, Nathan) |
| Filing 8 NOTICE of Entry of Appearance by Bryan E. Schmid on behalf of Michael J. AllenAttorney Bryan E. Schmid added to party Michael J. Allen(pty:dft) (Schmid, Bryan) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Luke Sorensen, Jason Reeves, Nathanael Skiver, Colorado State Shooting Association, Garrett Flicker, Israel Del Toro, Kathleen Clayton. Michael J. Allen waiver sent on 9/9/2025, answer due 11/10/2025. (McCoy, Michael) |
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Filing 6
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 10/29/2025. By Magistrate Judge Maritza Dominguez Braswell on 9/4/2025. (evaug)
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Filing 5
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2022 and as they may be amended from time to time), which may be downloaded #here. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 9/3/2025. Text Only Entry (wjmja, )
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 9/3/2025. Text Only Entry (wjmja, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (echa, ) |
| Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (echa, ) |
| Filing 1 COMPLAINT against MICHAEL J ALLEN, Jared Polis, Philip Jacob Weiser (Filing fee $ 405,Receipt Number BCODC-10527874)Attorney Michael D. McCoy added to party Israel Del Toro(pty:pla), Attorney Michael D. McCoy added to party Kathleen Clayton(pty:pla), Attorney Michael D. McCoy added to party Luke Sorensen(pty:pla), Attorney Michael D. McCoy added to party Nathanael Skiver(pty:pla), Attorney Michael D. McCoy added to party Garrett Flicker(pty:pla), Attorney Michael D. McCoy added to party Colorado State Shooting Association(pty:pla), filed by Luke Sorensen, Nathanael Skiver, Colorado State Shooting Association, Garrett Flicker, Israel Del Toro, Kathleen Clayton. (Attachments: #1 Exhibit A - Colorado-2025-SB003-Act, #2 Civil Cover Sheet, #3 Summons Jared Polis, #4 Summons Philip Weiser, #5 Summons Michael Allen)(McCoy, Michael) |
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