Montoya v. Kellertwigg et al
| Brenden Montoya |
| Samuel Kellertwigg and Zach Ratner |
| 1:2026cv00071 |
| January 7, 2026 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 MOTION to Dismiss Amended Complaint by Defendants Samuel Kellertwigg, Zach Ratner. (Axelrad, Michael) |
| Filing 14 AMENDED COMPLAINT against Samuel Kellertwigg, and Zach Ratner, filed by Brenden Montoya.(agarc, ) |
| Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Defendants Kellertwigg, Ratner All parties consent.. (Axelrad, Michael) |
Filing 12
ORDER by Magistrate Judge Susan Prose on 05/26/2026. This court notes sua sponte that the Defendants have filed a motion to dismiss asserting qualified immunity as a defense. Pursuant to Fed. R. Civ. P. 16(b)(2), this court finds good cause to delay issuing the scheduling order until after the motion is resolved. See Lucero v. City of Aurora, No. 23-cv-00851-GPG-SBP, 2023 WL 5957126, at *3 (D. Colo. Sept. 13, 2023) ("[T]o free officials from the concerns of litigation, including 'avoidance of disruptive discovery,' discovery must be stayed upon [an] assertion of qualified immunity, even if there are claims (or defendants) that are not subject to a qualified immunity defense 'to ensure the case does not develop in a misleading or slanted way that causes prejudice to'" the defendant(s) who assert qualified immunity.") (cleaned up, quoting Ashcroft v. Iqbal, 556 U.S. 662, 685-86 (2009)). The court also notes that Defendants' Motion to Dismiss (ECF No. #11 ) was filed on April 27, 2027 and Plaintiff's deadline to respond to that Motion has expired. In light of Plaintiff's pro se status, and as a one-time courtesy, the court sets a new deadline for Plaintiff's response. On or before June 16, 2026, Plaintiff SHALL file a response to Defendants' Motion to Dismiss or seek an extension of time to do so. Absent any response from Plaintiff by June 16, 2026, the Motion to Dismiss will be evaluated as unopposed.Further, it is ORDERED that the parties SHALL file a completed Magistrate Judge Consent Form (See ECF #4 ) on or before June 9, 2026.Objections to this order are due within fourteen days. Fed. R. Civ. P. 72(a). 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 (sjeff)
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| Filing 11 MOTION to Dismiss Complaint by Defendants Kellertwigg, Ratner. (Axelrad, Michael) |
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Filing 10
ORDER GRANTING #9 Stipulated Motion for Extension of Time to Respond to Complaint by Magistrate Judge Susan Prose on 02/06/2026. Per the agreement of the parties, the deadline for Defendants to respond to the complaint is April 27, 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(sjeff)
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| Filing 9 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Kellertwigg, Ratner. (Axelrad, Michael) |
| Filing 8 NOTICE of Entry of Appearance by Michael Jack Axelrad on behalf of Kellertwigg, RatnerAttorney Michael Jack Axelrad added to party Kellertwigg(pty:dft), Attorney Michael Jack Axelrad added to party Ratner(pty:dft) (Axelrad, Michael) |
| Filing 7 SUMMONS Returned Executed. Kellertwigg served on 1/26/2026, answer due 2/17/2026. (ccuen, ) |
| Filing 6 SUMMONS Returned Executed. Ratner served on 1/26/2026, answer due 2/17/2026. (ccuen, ) |
| Filing 5 Letter from Clerk of Court re: Service of Process #1 Complaint. (Attachments: #1 Summons, #2 Summons, #3 F.R.Civ. P Rule 4, #4 Copy of Magistrate Judge consent form issued at ECF #4 ) (ccuen, ) |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ggill, ) |
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Filing 3
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). Accordingly, it is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Magistrate Judge Susan Prose for all further proceedings. All future pleadings shall be designated to 26-cv-00071-SBP). By Magistrate Judge Richard T. Gurley on 1/8/2026. 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. (ggill, )
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| Filing 2 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 1 COMPLAINT against Kellertwigg, Ratner (Filing Fee: $405.00, Receipt Number:116612), filed by Brendon Montoya. (Attachments: #1 Receipt)(echa, ) |
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