Hernandez v. Town of Lakeside, Colorado et al
| Marisol Hernandez |
| Walmart Inc., Walmart Stores West LLC, Phillip Jordan, Town of Lakeside, Colorado, Lakeside Police Department, Mark Jones, Stephen Hicks, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212, Cristina Murrieta and Andy Lopez |
| 1:2025cv03398 |
| October 27, 2025 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 24, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 NOTICE of Entry of Appearance by Tetyana V. Beschastna on behalf of Phillip Jordan, Andy Lopez (Beschastna, Tetyana) |
| Filing 54 Unopposed MOTION for Leave to Exceed the Page Limitation by Defendants Phillip Jordan, Andy Lopez. (Beschastna, Tetyana) |
| Filing 53 MOTION to Dismiss by Defendants Stephen Hicks, Lakeside Police Department, Cristina Murrieta, Town of Lakeside, Colorado. (Attachments: #1 Conventionally Submitted Notice of Conventionally Filed Exhibit A, #2 Exhibit B, #3 Exhibit C)(Eddy, Jonathan) |
Filing 52
ORDER granting #50 Joint Motion to Vacate Scheduling Conference. The Scheduling Conference set for 4/30/2026 and all associated deadlines are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/20/2026. Text Only Entry(stvlc7, )
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| Filing 51 MEMORANDUM regarding #50 Joint MOTION to Vacate Scheduling Conference filed by Phillip Jordan, Lakeside Police Department, Andy Lopez, Walmart Inc., Cristina Murrieta, Walmart Stores West LLC, Stephen Hicks, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212, Town of Lakeside, Colorado, Mark Jones. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 4/20/2026. Text Only Entry (skcja, ) |
| Filing 50 Joint MOTION to Vacate Scheduling Conference by Defendants Stephen Hicks, Mark Jones, Phillip Jordan, Lakeside Police Department, Andy Lopez, Cristina Murrieta, Town of Lakeside, Colorado, Walmart Inc., Walmart Stores West LLC, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212. (Eddy, Jonathan) |
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Filing 49
ORDER granting #48 Joint Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Stephen Hicks, Mark Jones, Lakeside Police Department, Cristina Murrieta, and Town of Lakeside, Colorado shall respond to the Complaint on or before April 27, 2026. By Judge S. Kato Crews on 4/16/26. Text Only Entry(skcja, )
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| Filing 48 Joint MOTION for Extension of Time to File Answer or Otherwise Respond (Unopposed) by Defendants Stephen Hicks, Lakeside Police Department, Cristina Murrieta, Town of Lakeside, Colorado. (Eddy, Jonathan) |
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Filing 47
ORDER granting #45 Plaintiff's Motion for Extension of Time to Perfect Service. Plaintiff's deadline to perfect service is EXTENDED to May 4, 2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/14/2026. Text Only Entry(stvlc7, )
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| Filing 46 MEMORANDUM regarding #45 First MOTION for Extension of Time to Perfect Service filed by Marisol Hernandez. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 4/14/2026. Text Only Entry (skcja, ) |
| Filing 45 First MOTION for Extension of Time to Perfect Service by Plaintiff Marisol Hernandez. (Springsteen, Anita) |
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Filing 44
ORDER granting #43 Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Defendants Town of Lakeside, Lakeside Police Department, Sergeant Stephen Hicks, and Cristina Murrieta shall respond to the Complaint on or before April 17, 2026. By Judge S. Kato Crews on 4/8/2026. Text Only Entry(skcja, )
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| Filing 43 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Stephen Hicks, Lakeside Police Department, Cristina Murrieta, Town of Lakeside, Colorado. (Eddy, Jonathan) |
| Filing 42 MOTION to Dismiss by Defendants Walmart Inc., Walmart Stores West LLC, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beschastna, Tetyana) |
| Filing 41 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Cristina MurrietaAttorney Eric Michael Ziporin added to party Cristina Murrieta(pty:dft) (Ziporin, Eric) |
| Filing 40 NOTICE of Entry of Appearance by Jonathan N. Eddy on behalf of Cristina MurrietaAttorney Jonathan N. Eddy added to party Cristina Murrieta(pty:dft) (Eddy, Jonathan) |
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Filing 39
ORDER #37 Unopposed Motion for Extension of Time to Answer or Otherwise Respond and #38 Unopposed Motion to Exceed Page Limitation are granted. For good cause, the Walmart Defendants upcoming motion to dismiss shall be filed or or before April 13, 2026, and shall not exceed 19 pages. By Judge S. Kato Crews on 3/31/2026. Text Only Entry(skcja, )
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| Filing 38 Unopposed MOTION for Leave to Exceed Page Limitation by Defendants Walmart Inc., Walmart Stores West LLC, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212. (Beschastna, Tetyana) |
| Filing 37 Third MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Walmart Inc., Walmart Stores West LLC, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212. (Beschastna, Tetyana) |
| Filing 36 NOTICE re #33 Amended Complaint Notice of Filing of Amended Complaint on March 17, 2026 and of Original and Strike Through Version on March 20, 2026 by Plaintiff Marisol Hernandez (Attachments: #1 Exhibit Exhibit 1 - Original Filed Complaint, #2 Exhibit Exhibit 2 - Amended Complaint Strike Through)(Springsteen, Anita) |
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Filing 35
ORDER This matter is before the Court on the filing of the #33 Amended Complaint. Pursuant to D.C.COLO.LCivP 15.1(a), Plaintiff shall file the required notice and strike-through version comparing the original complaint to the amended complaint. This shall be filed no later than March 20, 2026. By Judge S. Kato Crews on 3/18/2026. Text Only Entry (skcja, )
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| Filing 34 WAIVER OF SERVICE Returned Executed by Marisol Hernandez. Cristina Murrieta waiver sent on 3/10/2026, answer due 5/11/2026. (Springsteen, Anita) |
| Filing 33 AMENDED COMPLAINT against All Defendants, filed by Marisol Hernandez.(Springsteen, Anita) |
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Filing 32
ORDER granting #31 Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond. For good cause, the Walmart Defendants are granted an extension of up to and including March 20, 2026 to respond to the Complaint. By Judge S. Kato Crews on 2/27/2026. Text Only Entry(skcja, )
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| Filing 31 Second MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Walmart Inc., Walmart Stores West LLC, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212. (Beschastna, Tetyana) |
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Filing 30
ORDER granting #29 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. For good cause, Stephen Hicks, Lakeside Police Department, and Town of Lakeside, Colorado are granted an extension of up to and including April 10, 2026 to respond to the operative complaint. By Judge S. Kato Crews on 2/26/2026. Text Only Entry(skcja, )
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| Filing 29 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Stephen Hicks, Lakeside Police Department, Town of Lakeside, Colorado. (Eddy, Jonathan) |
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Filing 28
ORDER granting #25 Unopposed Motion for Order Extending Deadline to Perfect Service, Extending Conferral and Scheduling Order and Continuing Scheduling Conference. The time period for Plaintiff to perfect service is EXTENDED to April 13, 2026. The Scheduling conference set for 3/11/2026 is VACATED and RESET for 4/30/2026 at 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. A proposed scheduling order shall be submitted on or before 4/23/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/25/2026. Text Only Entry(stvlc7, )
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Filing 27
MEMORANDUM regarding #25 Unopposed MOTION for Extension of Time to Extending Deadline to Perfect Service, Extending Conferral and Scheduling Order, and Continuing Scheduling Conference filed by Marisol Hernandez. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 2/25/2026. Text Only Entry (skcja, )
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| Filing 26 WAIVER OF SERVICE Returned Executed by Marisol Hernandez. Mark Jones waiver sent on 2/16/2026, answer due 4/17/2026. (Springsteen, Anita) |
| Filing 25 Unopposed MOTION for Extension of Time to Extending Deadline to Perfect Service, Extending Conferral and Scheduling Order, and Continuing Scheduling Conference by Plaintiff Marisol Hernandez. (Springsteen, Anita) |
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Filing 24
ORDER granting #23 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. For good cause, the Walmart Defendants are granted an extension of up to and including February 27, 2026 to respond to the Complaint. By Judge S. Kato Crews on 2/20/2026. Text Only Entry(skcja, )
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| Filing 23 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Walmart Inc., Walmart Stores West LLC, Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212. (Beschastna, Tetyana) |
| Filing 22 SUMMONS issued by Clerk. (agryan) |
| Filing 21 NOTICE of Entry of Appearance by Peter H. Doherty on behalf of Mark JonesAttorney Peter H. Doherty added to party Mark Jones(pty:dft) (Doherty, Peter) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Marisol Hernandez. Lakeside Police Department waiver sent on 12/29/2025, answer due 2/27/2026. (Springsteen, Anita) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Marisol Hernandez. Stephen Hicks waiver sent on 12/29/2025, answer due 2/27/2026. (Springsteen, Anita) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Marisol Hernandez. Town of Lakeside, Colorado waiver sent on 12/29/2025, answer due 2/27/2026. (Springsteen, Anita) |
| Filing 17 SUMMONS REQUEST as to Defendants by Plaintiff Marisol Hernandez. (Attachments: #1 Summons Summons Request Walmart Inc., #2 Summons Summons Request Walmart Stores West, LLC, #3 Summons Summons Request Walmart Supercenter Store at 5957 W. 44th Ave., Lakeside, CO 80212 (STORE NUMBER 5957), #4 Summons Summons Request Asset Protection/Security Employee Cristina Murrieta, #5 Summons Summons Request Asset Protection/Security Employee Andy Lopez, #6 Summons Summons Request Asset Protection/Security Employee Phillip Jordan)(Springsteen, Anita) |
| Filing 16 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Stephen Hicks, Lakeside Police Department, Town of Lakeside, ColoradoAttorney Eric Michael Ziporin added to party Stephen Hicks(pty:dft), Attorney Eric Michael Ziporin added to party Lakeside Police Department(pty:dft), Attorney Eric Michael Ziporin added to party Town of Lakeside, Colorado(pty:dft) (Ziporin, Eric) |
| Filing 15 NOTICE of Entry of Appearance by Jonathan N. Eddy on behalf of Stephen Hicks, Lakeside Police Department, Town of Lakeside, ColoradoAttorney Jonathan N. Eddy added to party Stephen Hicks(pty:dft), Attorney Jonathan N. Eddy added to party Lakeside Police Department(pty:dft), Attorney Jonathan N. Eddy added to party Town of Lakeside, Colorado(pty:dft) (Eddy, Jonathan) |
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Filing 14
ORDER granting #9 Motion for Extension of Time to File. Consent Form is now due by 2/25/2026. Proposed Scheduling Order is now due by 2/25/2026. A Scheduling Conference is set for 3/11/2026 at 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED by Magistrate Judge Scott T. Varholak on 12/31/2025. Text Only Entry(stv, )
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Filing 13
MEMORANDUM regarding #9 First MOTION for Extension of Time to Period With Regard To Scheduling Order and Scheduling Conference filed by Marisol Hernandez. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 12/31/2025. Text Only Entry (skcja, )
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| Filing 12 CASE REASSIGNED Pursuant to 11 Order of Recusal. Case randomly reassigned to Judge S. Kato Crews. Judge Regina M. Rodriguez no longer assigned to the case. All future pleadings should be designated as 25-cv-03398-SKC. (Text Only Entry) (ccuen, ) |
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Filing 11
ORDER OF RECUSAL pursuant to 28 U.S.C. 455. On review of the pleadings, parties, and entries of appearances in this case, I conclude that I will recuse myself. The Clerk of Court is directed to reassign this case to another District Judge. SO ORDERED by Judge Regina M. Rodriguez on 12/29/2025. Text Only Entry (kmyha)
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| Filing 10 REASSIGNING JUDGE. Pursuant to ECF 8 , this action is randomly reassigned to Judge Regina M. Rodriguez. All future pleadings should be designated as 25-cv-03398-RMR-STV. (Text Only Entry) (cmadr, ) |
| Filing 9 First MOTION for Extension of Time to Period With Regard To Scheduling Order and Scheduling Conference by Plaintiff Marisol Hernandez. (Springsteen, Anita) |
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Filing 8
ORDER OF RECUSAL pursuant to 28 U.S.C. 455. On review of the pleadings, parties, and entries of appearance in this case, I conclude that I must recuse myself. The Clerk of Court is directed to reassign this case to another judge. SO ORDERED by Judge Daniel D. Domenico on 12/29/2025. Text Only Entry (dddlc1, )
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Filing 7
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 Daniel D. Domenico on 12/23/2025. Text Only Entry. (rkeec)
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| Filing 6 CASE REASSIGNED. Pursuant to #5 Consent to Jurisdiction of Magistrate Judge, All parties do not consent. Case randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 25-cv-03398-DDD. (Text Only Entry) (sphil, ) |
| Filing 5 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Marisol Hernandez All parties do not consent.. (Springsteen, Anita) |
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Filing 4
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 10/29/2025. Consent Form due by 12/23/2025. Proposed Scheduling Order due 12/30/2025. Scheduling Conference set for 1/6/2026 09:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, )
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| 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. (eguth, ) |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) |
| Filing 1 COMPLAINT and JURY DEMAND against All Defendants (Filing fee $ 405,Receipt Number ACODC-10631376)Attorney Anita Marcia Springsteen added to party Ramon Isaiah Garechana - Hernandez(pty:pla), Attorney Anita Marcia Springsteen added to party Marisol Eloisa Hernandez(pty:pla), filed by Ramon Isaiah Garechana - Hernandez, Marisol Eloisa Hernandez. (Attachments: #1 Civil Cover Sheet)(Springsteen, Anita) |
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