Kim v. Kelly et al
Plaintiff: Austin Kim
Defendant: Scott Kelly, Anthony Cordova, Benjamin Espinoza and Andrew Sanders
Case Number: 1:2025cv02923
Filed: September 17, 2025
Court: U.S. District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Scott T Varholak
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 24, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2026 Opinion or Order Filing 25 MINUTE ORDER In light of #24 Order, the Court VACATES the Status Conference set for 2/25/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/24/2026. Text Only Entry (stvlc6, )
January 14, 2026 Filing 24 MINUTE ENTRY for Motion Hearing held on 1/14/2026 before Magistrate Judge Scott T. Varholak: ORDERED: Defendants' Motion to Stay Discovery Pending Immunity Determination [ECF 17] is GRANTED pending the resolution of the Defendants' Motion to Dismiss Complaint [ECF 16]. FTR: A402. (msmot, )
January 13, 2026 Filing 23 REPLY to Response to #16 MOTION to Dismiss Complaint filed by Defendants Anthony Cordova, Benjamin Espinoza, Scott Kelly, Andrew Sanders. (Steers, Andrew)
December 30, 2025 Filing 22 RESPONSE to #16 MOTION to Dismiss Complaint filed by Plaintiff Austin Kim. (Kosloski, Jason)
December 30, 2025 Filing 21 REPLY to Response to #17 MOTION to Stay Discovery Pending Immunity Determination filed by Defendants Anthony Cordova, Benjamin Espinoza, Scott Kelly, Andrew Sanders. (Steers, Andrew)
December 22, 2025 Filing 20 RESPONSE to #17 MOTION to Stay Discovery Pending Immunity Determination filed by Plaintiff Austin Kim. (Kosloski, Jason)
December 9, 2025 Opinion or Order Filing 19 MINUTE ORDER This matter is before the Court on #17 Motion to Stay. The Court sets the following expedited briefing schedule: Plaintiff shall respond to the Motion on or before 12/23/2025. Defendants may then reply on or before 12/30/2025. A Motion Hearing is set for 1/14/2026 at 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/9/2025. Text Only Entry (stvlc6, )
December 9, 2025 Filing 18 MEMORANDUM regarding #17 MOTION to Stay Discovery Pending Immunity Determination filed by Benjamin Espinoza, Scott Kelly, Andrew Sanders, Anthony Cordova. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/09/2025. Text Only Entry (pabsec, )
December 9, 2025 Filing 17 MOTION to Stay Discovery Pending Immunity Determination by Defendants Anthony Cordova, Benjamin Espinoza, Scott Kelly, Andrew Sanders. (Steers, Andrew)
December 9, 2025 Filing 16 MOTION to Dismiss Complaint by Defendants Anthony Cordova, Benjamin Espinoza, Scott Kelly, Andrew Sanders. (Attachments: #1 Exhibit A, #2 Exhibit B)(Steers, Andrew)
December 3, 2025 Filing 15 COURTROOM MINUTES for Status Conference held on 12/3/2025 before Magistrate Judge Scott T. Varholak. A further status conference is set on February 25, 2026, at 9:30 a.m. in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: A402. (sjeff)
December 1, 2025 Opinion or Order Filing 14 MINUTE ORDER This matter is before the Court sua sponte. The Scheduling Conference set for 12/3/2025 at 9:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak is CONVERTED to a Status Conference at the same date and time, and the deadline to submit a joint proposed scheduling order is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/1/2025. Text Only Entry (stvlc6, )
October 10, 2025 Filing 13 WAIVER OF SERVICE Returned Executed by Austin Kim. All Defendants. (Attachments: #1 Waiver of Service re: Cordova, #2 Waiver of Service re: Espinoza, #3 Waiver of Service re: Sanders)(Kosloski, Jason)
September 29, 2025 Filing 12 SUMMONS issued by Clerk. (norlin, )
September 25, 2025 Filing 11 SUMMONS REQUEST as to Scott Kelly by Plaintiff Austin Kim. (Kosloski, Jason)
September 19, 2025 Opinion or Order Filing 10 ORDER SETTING SCHEDULING CONFERENCE IT IS ORDERED by Magistrate Judge Scott T. Varholak on 09/19/2025. Pursuant to Fed. R. Civ. P. 16(b) and Local Civil Rule 16.1, the Court shall hold a scheduling conference on:December 3, 2025 at 9:15 AM in Courtroom A-402, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. On or before November 26, 2025, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2. (jrobe, )
September 17, 2025 Filing 9 SUMMONS issued by Clerk. (tlove, )
September 17, 2025 Filing 8 SUMMONS issued by Clerk. (tlove, )
September 17, 2025 Filing 7 SUMMONS issued by Clerk. (tlove, )
September 17, 2025 Opinion or Order Filing 6 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 9/17/2025. Text Only Entry (pabsec, )
September 17, 2025 Filing 5 SUMMONS REQUEST as to Scott Kelly, Anthony Cordova, Benjamin Espinoza, Andrew Sanders by Plaintiff Austin Kim. (Attachments: #1 Proposed Document, #2 Proposed Document, #3 Proposed Document)(Kosloski, Jason)
September 17, 2025 Filing 4 NOTICE of Entry of Appearance by Tillman Patrick Clark on behalf of All Plaintiffs (Clark, Tillman)
September 17, 2025 Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (eguth, )
September 17, 2025 Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, )
September 17, 2025 Filing 1 COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-10560225)Attorney Jason Matthew Kosloski added to party Austin Kim(pty:pla), filed by Austin Kim. (Attachments: #1 Civil Cover Sheet)(Kosloski, Jason)

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Plaintiff: Austin Kim
Represented By: Jason Matthew Kosloski
Represented By: Tillman Patrick Clark
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Defendant: Scott Kelly
Represented By: Andrew Carl Steers
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Defendant: Anthony Cordova
Represented By: Andrew Carl Steers
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Defendant: Benjamin Espinoza
Represented By: Andrew Carl Steers
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Defendant: Andrew Sanders
Represented By: Andrew Carl Steers
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