Gipson v. Smith et al
| Darren Gipson |
| Matt Smith and Daniel Rubinstein |
| 1:2025cv04072 |
| December 18, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Cyrus Y Chung |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 26, 2026. A more recent docket listing may be available from PACER.
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Filing 64
Minute Order: This matter is before the Court sua sponte. The Motion Hearing set for July 1, 2026 at 2:00 p.m. is RESET to July 1, 2026 at 11:30 a.m. This is a change in time only. Mr. Rhoads may join the hearing via telephone by dialing 571-353-2301 and then entering 198033559#. Please remember that, when you call in, you may be entering a proceeding already in progress for a different case; therefore, as you would if you were present in the courtroom, please ensure silence. Entered by Magistrate Judge Cyrus Y. Chung on 5/26/2026. Text Only Entry (spric)
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| Filing 63 REPLY to Response to #55 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendant Daniel Rubinstein. (Rhoads, John) |
| Filing 62 MINUTE ENTRY for Status Conference held on 5/6/2026 before Magistrate Judge Cyrus Y. Chung. The Court sets a Motion Hearing on Defendant Matt Smiths Motion to Stay, ECF No. 49, for 7/1/2026 at 02:00 PM in Courtroom C201 before Magistrate Judge Cyrus Y. Chung. FTR: C201. (Attachments: #1 Pro Se Letter) (spric) |
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Filing 61
MINUTE ORDER: This matter is before the court sua sponte. Due to the inclement weather on Wednesday, May 6, 2026, the Court is allowing all counsel and parties to appear by phone. For counsel and parties who wish to attend their hearing by phone, you may join the hearing by dialing 571-353-2301 and then entering 198033559#. Please remember that, when you call in, you may be entering a proceeding already in progress for a different case; therefore, as you would if you were present in the courtroom, please ensure silence. Entered by Magistrate Judge Cyrus Y. Chung on 5/5/2026. Text Only Entry (spric)
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| Filing 60 REPLY to Response to #49 MOTION to Stay Discovery filed by Defendant Matt Smith. (Kadolph, James) |
| Filing 59 NOTICE of Entry of Appearance Todd M. Starr by Todd M. Starr on behalf of Daniel RubinsteinAttorney Todd M. Starr added to party Daniel Rubinstein(pty:dft) (Starr, Todd) |
| Filing 58 REPLY to Response to #55 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Plaintiff Darren Gipson. (Gipson, Darren) |
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Filing 57
MINUTE ORDER: This matter comes before the Court on email correspondence from the defendant Daniel Rubinstein. A Status Conference is set for May 6, 2026 at 11:15 a.m. Mr. Gipson and Mr. Rhoads may join the conference via telephone by dialing 571-353-2301 and then entering 198033559#. Please remember that, when you call in, you may be entering a proceeding already in progress for a different case; therefore, as you would if you were present in the courtroom, please ensure silence. Entered by Magistrate Judge Cyrus Y. Chung on 4/27/2026. Text Only Entry (spric)
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| Filing 56 MEMORANDUM regarding #55 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Daniel Rubinstein. Motion referred to Magistrate Judge Cyrus Y. Chung, by Judge Philip A. Brimmer on 4/24/2026. Text Only Entry (pabsec, ) |
| Filing 55 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendant Daniel Rubinstein. (Rhoads, John) |
| Filing 54 NOTICE of Entry of Appearance by John R. Rhoads on behalf of Daniel RubinsteinAttorney John R. Rhoads added to party Daniel Rubinstein(pty:dft) (Rhoads, John) |
| Filing 53 SUPPLEMENT/AMENDMENT to #52 Response to Motion Notice of Filing Certificate of Service by Plaintiff Darren Gipson. (Gipson, Darren) |
| Filing 52 RESPONSE to #49 MOTION to Stay Discovery filed by Plaintiff Darren Gipson. (Gipson, Darren) |
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Filing 51
MINUTE ORDER: This matter is before the Court sua sponte. Given the procedural posture of this case, it is hereby ORDERED that the May 6, 2026 Scheduling Conference is CONVERTED to a Status Conference. As a result, the parties need not file a proposed Scheduling Order in advance of the conference. Entered by Magistrate Judge Cyrus Y. Chung on 04/17/2026. Text Only Entry. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan)
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| Filing 50 MEMORANDUM regarding #49 MOTION to Stay Discovery filed by Matt Smith. Motion referred to Magistrate Judge Cyrus Y. Chung, by Judge Philip A. Brimmer on 4/17/2026. Text Only Entry (pabsec, ) |
| Filing 49 MOTION to Stay Discovery by Defendant Matt Smith. (Kadolph, James) |
| Filing 48 REPLY to Response to #38 MOTION to Dismiss filed by Defendant Matt Smith. (Kadolph, James) |
| Filing 47 SUMMONS Returned Executed Daniel Rubinstein served on 4/3/2026, answer due 4/24/2026. (anewt,) |
| Filing 46 CERTIFICATE of Service by Clerk of Court of #13 Complaint re #45 Minute Order. (Attachments: #1 U.S. Marshal Service Form) (agryan) |
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Filing 45
MINUTE ORDER: Given that the plaintiff proceeds under 28 U.S.C. 1915, it is hereby ORDERED that the motion, ECF No. #42 , is GRANTED. It is further ORDERED that the United States Marshal shall attempt service on defendant Daniel Rubinstein at the address provided by the plaintiff in the summons he filed at ECF No. #28 . Entered by Magistrate Judge Cyrus Y. Chung on 04/01/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(agryan)
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Filing 44
MINUTE ORDER: This matter is before the Court on correspondence from the parties. The Scheduling Conference set for April 8, 2026 at 10:15 a.m. is RESET to May 6, 2026 at 11:15 a.m. in Courtroom C201 before Magistrate Judge Cyrus Y. Chung. It is further ORDERED that counsel for the Parties and any unrepresented non-prisoner Parties in this case are to hold a meeting in accordance with Fed. R. Civ. P. 26(f) on or before April 15, 2026 and jointly prepare a proposed Scheduling Order. Pursuant to Fed. R. Civ. P. 26(d), only requests pursuant to Fed. R. Civ. P. 34 may be submitted before the Rule 26(f) meeting, unless otherwise ordered or directed by the Court. Pursuant to Fed. R. Civ. P. 34(b)(2)(A), responses to such discovery requests must be submitted no later than thirty days after the Rule 26(f) meeting, unless the Parties stipulate or the Court orders otherwise. The Proposed Scheduling Order is due April 29, 2026. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at # [email protected].# Entered by Magistrate Judge Cyrus Y. Chung on 04/01/2026. Text Only Entry. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan)
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Filing 43
MEMORANDUM regarding #42 MOTION for Order to effect re-service and authorize alternative service filed by Darren Gipson. Motion referred to Magistrate Judge Cyrus Y. Chung, by Judge Philip A. Brimmer on 3/31/2026. Text Only Entry (pabsec, )
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| Filing 42 MOTION for Order to effect re-service and authorize alternative service by Plaintiff Darren Gipson. (Attachments: #1 Exhibit Unexecuted Summons Requesting Email Service for Dan Rubinstein)(Gipson, Darren) |
| Filing 41 BRIEF in Opposition to #38 MOTION to Dismiss filed by Plaintiff Darren Gipson. (Attachments: #1 Exhibit Master Exhibit List, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit H, #9 Exhibit Exhibit G)(Gipson, Darren) |
| Filing 39 MEMORANDUM regarding #38 MOTION to Dismiss filed by Daniel Rubinstein, Matt Smith. Motion referred to Magistrate Judge Cyrus Y. Chung, by Judge Philip A. Brimmer on 3/23/2026. Text Only Entry (pabsec, ) |
| Filing 38 MOTION to Dismiss by Defendant Matt Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kadolph, James) Modified on 3/23/2026 to correct parties (agryan). |
| Filing 40 Summons Returned Unexecuted by Darren Gipson as to Daniel Rubinstein. (sphil, ) Modified on 3/24/2026 to edit file date. (sphil, ). |
| Filing 37 CERTIFICATE of Service by Clerk of Court re: Service of Process of #13 Complaint re: #36 Minute Order (Attachments: #1 U.S. Marshal Service Form) (agryan) |
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Filing 36
MINUTE ORDER: Given that the plaintiff proceeds under 28 U.S.C. 1915, it is hereby ORDERED that the motion, ECF No. #34 , is GRANTED. It is further ORDERED that the United States Marshal shall attempt service on defendant Daniel Rubinstein at the address provided by the plaintiff in the summons he filed at ECF No. #28 . Entered by Magistrate Judge Cyrus Y. Chung on 03/10/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(agryan)
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Filing 35
MEMORANDUM regarding #34 MOTION for Order to Direct the United States Marshals Service to Serve Summons filed by Darren Gipson. Motion referred to Magistrate Judge Cyrus Y. Chung, by Judge Philip A. Brimmer on 3/09/2026. Text Only Entry (pabsec, )
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| Filing 34 MOTION for Order to Direct the United States Marshals Service to Serve Summons by Plaintiff Darren Gipson. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Gipson, Darren) |
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Filing 33
Minute Order: Defendant Smith's Unopposed Motion for Extension of Responsive Pleading Deadline, ECF No. 31, is GRANTED for good cause shown. Defendant Matt Smith shall respond or otherwise answer Plaintiff's Complaint, ECF No. #13 , on or before March 23, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 3/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (spric)
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| Filing 32 MEMORANDUM regarding #31 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #13 Complaint filed by Matt Smith. Motion referred to Magistrate Judge Cyrus Y. Chung, by Chief Judge Philip A. Brimmer on 3/02/2026. Text Only Entry (pabsec, ) |
| Filing 31 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #13 Complaint by Defendant Matt Smith. (Kadolph, James) |
| Filing 30 NOTICE of Entry of Appearance by James T. Kadolph on behalf of Matt SmithAttorney James T. Kadolph added to party Matt Smith(pty:dft) (Kadolph, James) |
| Filing 29 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Matt SmithAttorney Eric Michael Ziporin added to party Matt Smith(pty:dft) (Ziporin, Eric) |
| Filing 28 SUMMONS REQUEST as to Daniel Rubinstein by Plaintiff Darren Gipson. (Gipson, Darren) |
| Filing 27 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #26 Summons Request filed by Pro Se Plaintiff Darren Gipson will not be issued. The document is incorrectly formatted. The document is missing on the top of the page what district it is for. (Text Only Entry) (ggill, ) Modified on 2/18/2026 to correct language (ggill, ). |
| Filing 26 SUMMONS REQUEST as to Daniel Rubinstein, District Attorney, Mesa County Colorado by Plaintiff Darren Gipson. (Gipson, Darren) |
| Filing 25 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #24 Summons Request filed by attorney Darren Gipson. The document is incorrectly formatted. Please re-file using the event "Summons Request". (Text Only Entry) (ggill, ) |
| Filing 24 SUMMONS REQUEST as to Daniel Rubinstein by Plaintiff Darren Gipson. (Gipson, Darren) |
| Filing 23 SUMMONS Returned Executed. Matt Smith served on 2/10/2026, answer due 3/3/2026. (agryan) |
| Filing 22 Summons Returned Unexecuted as to Daniel Rubinstein. (agryan) |
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Filing 21
MINUTE ORDER: Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on April 8, 2026 at 10:15 a.m., in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. It is ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the scheduling conference. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than seven days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at [email protected]. Entered by Magistrate Judge Cyrus Y. Chung on 02/13/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (agryan)
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung for all motions. 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 2/05/2026. Text Only Entry (pabsec, )
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| Filing 19 CASE REASSIGNED Pursuant to #18 Affidavit. All parties do not consent, therefore, this case is randomly reassigned to Chief Judge Philip A. Brimmer, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 25-cv-04072-PAB. (Text Only Entry) (agryan) |
| Filing 18 AFFIDAVIT Consent/Non-Consent to Magistrate Judge by Plaintiff Darren Gipson. (Gipson, Darren) |
| Filing 17 CERTIFICATE of Service by Clerk of Court re: Service of Process of #13 Complaint. (Attachments: #1 U.S. Marshal Service Form, #2 U.S. Marshal Service Form) (agryan) |
| Filing 16 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (amona,) |
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Filing 15
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Scott T. Varholak on 2/3/2026. (Case randomly reassigned to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 25-cv-4072-CYC). (amona,)
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Filing 14
ORDER Denying Motion. ORDERED that Plaintiff's Motion for Preliminary Injunction (ECF No. #3 ) is DENIED WITHOUT PREJUDICE. By Judge Lewis T. Babcock on 1/20/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona, )
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| Filing 13 COMPLAINT against Daniel Rubinstein, Matt Smith, filed by Darren Gipson. (Attachments: #1 Continuation of Main Document Continuation of main document)(Gipson, Darren) |
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Filing 12
ORDER Directing Plaintiff to File Amended Complaint. ORDERED that Plaintiff shall file, within 30 days from the date of this Order, an amended complaint on the court-approved Complaint form. If Plaintiff fails to file an amended complaint within the time allowed, the action may be dismissed without further notice. By Magistrate Judge Scott T. Varholak on 1/6/2026. (amona,)
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Filing 11
ORDER Granting Leave to Proceed Under 28 U.S.C. 1915. ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #8 ) is granted. the Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) (ECF No. #2 ) is denied.ORDERED that the United States Marshals Service shall serve process on any remaining defendant(s) for whom personal service is required if the case is later drawn to a district judge or a magistrate judge under D.C.COLO.LCivR 8.1(c). Thus, Plaintiff's Motion for Service by United States Marshal (ECF No. #4 ) is denied. By Magistrate Judge Scott T. Varholak on 1/6/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(amona, )
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Filing 10
ORDER OF RECUSAL. IT IS ORDERED that I recuse myself from further service in this matter and The Clerk of the Court shall cause this case to be reassigned. By Magistrate Judge Richard T. Gurley on 1/5/2026. [This case has been reassigned Scott T. Varholak. All future pleadings should be designated as 25- cv-4072-STV]. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona, )
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| Filing 9 AFFIDAVIT Court Required Pro Se Complaint From and Continuation Pages by Plaintiff Darren Gipson. (Attachments: #1 Continuation of Main Document Section B continuation Defendants information, #2 Continuation of Main Document Section D continuation)(Gipson, Darren) |
| Filing 8 AFFIDAVIT AO239 and addendum explanation by Plaintiff Darren Gipson. (Attachments: #1 Continuation of Main Document Continuation for Question 11 financial explanation)(Gipson, Darren) |
| Filing 7 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Darren Gipson, sought and received e-filing privileges on 12/22/2025. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, ) |
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Filing 6
ORDER Directing Plaintiff to Cure Deficiencies. ORDERED that Plaintiff cure the deficiencies designated above within thirty(30) days from the date of this order. if Plaintiff fails to cure all the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissedwithout further notice. The dismissal shall be without prejudice. By Magistrate Judge Richard T. Gurley on 12/19/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona, )
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| Filing 5 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, ) |
| Filing 4 MOTION for Service by United States Marshal by Plaintiff Darren Gipson. (echa, ) |
| Filing 3 MOTION for Preliminary Injunction by Plaintiff Darren Gipson. (Attachments: #1 Proposed Order (PDF Only))(echa, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) by Plaintiff Darren Gipson. (echa, ) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Daniel Rubinstein, Matt Smith, filed by Darren Gipson. (Attachments: #1 Declaration)(echa, ) |
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