Duarte et al v. Alamosa County, Colorado et al
| Laurie Duarte, Delilah Gallegos, Joaquin Gallegos and Summiyah Shabazz |
| Alamosa County, Colorado, Laura Lewis, Brenda Gazcon, Michael Pino, Chris Valesey, Benji Lira, Robert Gallegos, Devon Torres, Zach Corder, Michael Decker, Kevin Forrester, Dylan Dunn, Robert Martin, Jerome Boss and Zach Ayers |
| 1:2025cv04228 |
| December 31, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Gordon P Gallagher |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on June 24, 2026. A more recent docket listing may be available from PACER.
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| Filing 41 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Zach Ayers, Jerome Boss, Zach Corder, Michael Decker, Dylan Dunn, Kevin Forrester, Robert Gallegos, Brenda Gazcon, Laura Lewis, Benji Lira, Dominic Lopez, Robert Martin, Michael Pino, Devon Torres, Chris ValeseyAttorney Eric Michael Ziporin added to party Zach Ayers(pty:dft), Attorney Eric Michael Ziporin added to party Jerome Boss(pty:dft), Attorney Eric Michael Ziporin added to party Zach Corder(pty:dft), Attorney Eric Michael Ziporin added to party Michael Decker(pty:dft), Attorney Eric Michael Ziporin added to party Dylan Dunn(pty:dft), Attorney Eric Michael Ziporin added to party Kevin Forrester(pty:dft), Attorney Eric Michael Ziporin added to party Robert Gallegos(pty:dft), Attorney Eric Michael Ziporin added to party Brenda Gazcon(pty:dft), Attorney Eric Michael Ziporin added to party Laura Lewis(pty:dft), Attorney Eric Michael Ziporin added to party Benji Lira(pty:dft), Attorney Eric Michael Ziporin added to party Dominic Lopez(pty:dft), Attorney Eric Michael Ziporin added to party Robert Martin(pty:dft), Attorney Eric Michael Ziporin added to party Michael Pino(pty:dft), Attorney Eric Michael Ziporin added to party Devon Torres(pty:dft), Attorney Eric Michael Ziporin added to party Chris Valesey(pty:dft) (Ziporin, Eric) |
Filing 40
ORDER. The Court Orders the dismissal, with prejudice, of all claims against Defendant Corporal Dominic Lopez, with each party to pay their own attorneys' fees and costs. By District Judge Gordon P Gallagher on 6/16/2026. Text Only Entry. (eluce)
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| Filing 39 Stipulated MOTION to Dismiss Party Defendant Corporal Dominic Lopez by Plaintiffs Laurie Duarte, Delilah Gallegos, Joaquin Gallegos, Summiyah Shabazz. (Lane, David) |
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Filing 38
SCHEDULING ORDER by Magistrate Judge Cyrus Y. Chung on 5/5/2026. Discovery is due by 2/10/2027. Dispositive Motions are due by 3/17/2027. Designation of Affirmative Experts is due 9/30/2026. Designation of Rebuttal Experts is due 11/12/2026. (spric)
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| Filing 37 MINUTE ENTRY for Scheduling Conference held on 5/5/2026 before Magistrate Judge Cyrus Y. Chung. FTR: C201. (spric) |
| Filing 36 ANSWER to #1 Complaint,,, by Alamosa County, Colorado, Zach Ayers, Jerome Boss, Zach Corder, Michael Decker, Dylan Dunn, Kevin Forrester, Robert Gallegos, Brenda Gazcon, Laura Lewis, Benji Lira, Dominic Lopez, Robert Martin, Michael Pino, Devon Torres, Chris Valesey.(Harrell, Bennett) |
| Filing 35 Proposed Scheduling Order by Plaintiffs Laurie Duarte, Delilah Gallegos, Joaquin Gallegos, Summiyah Shabazz. (Lane, David) |
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Filing 34
ORDER REFERRING CASE to the assigned United States Magistrate Judge Cyrus Y. Chung. 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 4/23/2026. Text Only Entry. (eluce)
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| Filing 33 CASE REASSIGNED Pursuant to #32 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore this case is randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 25-cv-04228-GPG. (Text Only Entry) (echa, ) |
| Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Laurie Duarte, Delilah Gallegos, Joaquin Gallegos, Summiyah Shabazz All parties do not consent.. (Orshan, Liana) |
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Filing 31
PROTECTIVE ORDER. Entered by Magistrate Judge Cyrus Y. Chung on 4/21/2026. (echa, )
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Filing 30
MINUTE ORDER: Before the Court is the parties' Joint Motion for Entry of Stipulated Protective Order, ECF No. #29 , and the proposed protective order, ECF No. #29 -1. For good cause, the Court GRANTS the motion, ECF No. #29 . The Court will separately issue the protective order. The Court has made modifications as indicated in the attached redlined version. Entered by Magistrate Judge Cyrus Y. Chung on 4/21/2026. (Attachments: #1 Redlined Version)(echa, )
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| Filing 29 Joint MOTION for Protective Order (on behalf of all parties) by Defendant Alamosa County, Colorado. (Attachments: #1 Proposed Order (PDF Only))(Ziporin, Eric) |
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Filing 28
MINUTE ORDER: The Defendants' Unopposed Motion to Extend Responsive Pleading Deadline, ECF No. #27 , is GRANTED. Accordingly, it is hereby ORDERED that the defendants shall respond to the complaint on or before May 5, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 04/02/2026. Text Only Entry.(agryan)
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| Filing 27 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Alamosa County, Colorado, Zach Ayers, Jerome Boss, Zach Corder, Michael Decker, Dylan Dunn, Kevin Forrester, Robert Gallegos, Brenda Gazcon, Laura Lewis, Benji Lira, Dominic Lopez, Robert Martin, Michael Pino, Devon Torres, Chris Valesey. (Harrell, Bennett) |
| Filing 26 NOTICE of Entry of Appearance (of Eric M. Ziporin and Bennett M. Harrell) by Bennett McInnis Harrell on behalf of Alamosa County, Colorado, Zach Ayers, Jerome Boss, Zach Corder, Michael Decker, Dylan Dunn, Kevin Forrester, Robert Gallegos, Brenda Gazcon, Laura Lewis, Benji Lira, Dominic Lopez, Robert Martin, Michael Pino, Devon Torres, Chris ValeseyAttorney Bennett McInnis Harrell added to party Alamosa County, Colorado(pty:dft), Attorney Bennett McInnis Harrell added to party Zach Ayers(pty:dft), Attorney Bennett McInnis Harrell added to party Jerome Boss(pty:dft), Attorney Bennett McInnis Harrell added to party Zach Corder(pty:dft), Attorney Bennett McInnis Harrell added to party Michael Decker(pty:dft), Attorney Bennett McInnis Harrell added to party Dylan Dunn(pty:dft), Attorney Bennett McInnis Harrell added to party Kevin Forrester(pty:dft), Attorney Bennett McInnis Harrell added to party Robert Gallegos(pty:dft), Attorney Bennett McInnis Harrell added to party Brenda Gazcon(pty:dft), Attorney Bennett McInnis Harrell added to party Laura Lewis(pty:dft), Attorney Bennett McInnis Harrell added to party Benji Lira(pty:dft), Attorney Bennett McInnis Harrell added to party Dominic Lopez(pty:dft), Attorney Bennett McInnis Harrell added to party Robert Martin(pty:dft), Attorney Bennett McInnis Harrell added to party Michael Pino(pty:dft), Attorney Bennett McInnis Harrell added to party Devon Torres(pty:dft), Attorney Bennett McInnis Harrell added to party Chris Valesey(pty:dft) (Harrell, Bennett) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Joaquin Gallegos, Summiyah Shabazz. Michael Pino waiver sent on 3/20/2026, answer due 5/19/2026. (Lane, David) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Robert Martin waiver sent on 3/17/2026, answer due 5/18/2026. (Lane, David) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Zach Ayers waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Jerome Boss waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Dylan Dunn waiver sent on 2/20/2026, answer due 4/21/2026. (Lane, David) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Kevin Forrester waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Michael Decker waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Zach Corder waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Devon Torres waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Robert Gallegos waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Benji Lira waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Chris Valesey waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Dominic Lopez waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Brenda Gazcon waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Laura Lewis waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Delilah Gallegos, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. Alamosa County, Colorado waiver sent on 2/19/2026, answer due 4/20/2026. (Lane, David) |
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Filing 9
Minute Order: The Plaintiff's Motion to Vacate and Reset Scheduling Conference, ECF No. 8, is GRANTED for good cause shown. It is further ORDERED that the Scheduling Conference set for 3/3/2026 at 11:45 AM is RESET to 5/5/2026 at 10:30 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. 3, on or before April 21, 2026. 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 14, 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 28, 2026. The Parties shall file the proposed Scheduling Order with the Clerks 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 2/12/2026. Text Only Entry (spric)
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| Filing 8 Unopposed MOTION to Vacate and Reset Scheduling Conference by Plaintiffs Laurie Duarte, Delilah Gallegos, Joaquin Gallegos, Summiyah Shabazz. (Lane, David) |
| Filing 7 NOTICE of Entry of Appearance by Liana Gerstle Orshan on behalf of Laurie Duarte, Delilah Gallegos, Joaquin Gallegos, Summiyah ShabazzAttorney Liana Gerstle Orshan added to party Laurie Duarte(pty:pla), Attorney Liana Gerstle Orshan added to party Delilah Gallegos(pty:pla), Attorney Liana Gerstle Orshan added to party Joaquin Gallegos(pty:pla), Attorney Liana Gerstle Orshan added to party Summiyah Shabazz(pty:pla) (Orshan, Liana) |
| Filing 6 NOTICE of Entry of Appearance by Reid Robertson Allison on behalf of Laurie Duarte, Delilah Gallegos, Joaquin Gallegos, Summiyah ShabazzAttorney Reid Robertson Allison added to party Laurie Duarte(pty:pla), Attorney Reid Robertson Allison added to party Delilah Gallegos(pty:pla), Attorney Reid Robertson Allison added to party Joaquin Gallegos(pty:pla), Attorney Reid Robertson Allison added to party Summiyah Shabazz(pty:pla) (Allison, Reid) |
| Filing 5 CERTIFICATE OF REVIEW by Plaintiffs Laurie Duarte, Delilah Gallegos, Joaquin Gallegos, Summiyah Shabazz. (Lane, David) |
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Filing 4
MINUTE ORDER: The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. #3 , on or before February 17, 2026. It is further ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference will be held before this Court on March 3, 2026 at 11:45 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 further 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 01/06/2026. (agryan)
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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 Cyrus Y. Chung. Text Only Entry (eguth, ) |
| Filing 1 COMPLAINT and Jury Demand against Alamosa County, Colorado, Zach Ayers, Jerome Boss, Zach Corder, Michael Decker, Dylan Dunn, Kevin Forrester, Robert Gallegos, Sergeant Brenda Gazzcon, Nurse Laura Lewis, Benji Lira, Corporal Dominic Lopez, Robert Martin, Sergeant Micahel Pino, Devon Torres, Corporal Chris Valesey (Filing fee $ 405,Receipt Number ACODC-10740175)Attorney David A. Lane added to party Estate of Erica Martinez, by and through it's personal representative, Laurie Duarte(pty:pla), Attorney David A. Lane added to party Delilah Gallegos(pty:pla), Attorney David A. Lane added to party Joaquin Gallegos(pty:pla), Attorney David A. Lane added to party Summiyah Shabazz(pty:pla), filed by Delilah Gallegos, Estate of Erica Martinez, by and through it's personal representative, Laurie Duarte, Joaquin Gallegos, Summiyah Shabazz. (Attachments: #1 Civil Cover Sheet)(Lane, David) |
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