Birch v. Miller et al
| Kiana Birch |
| Daniel Miller and Gene Claps |
| 1:2026cv00077 |
| January 7, 2026 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| N Reid Neureiter |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on May 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 30 MINUTE ENTRY for Scheduling Conference held on 5/29/2026 before Magistrate Judge N. Reid Neureiter: The parties inform the Court that a resolution has been reached in this matter. Dismissal papers or a joint status report explaining the delay shall be filed by July 3, 2026. FTR: A401. (msmot, ) |
Filing 29
ORDER DISCHARGING #28 Order to Show Cause and VACATING response deadline by Magistrate Judge N. Reid Neureiter on 5/22/2026. Text Only Entry (nrnlc2, )
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Filing 28
ORDER TO SHOW CAUSE: It is HEREBY ORDERED that on or before May 22, 2026, Mr. Bryant shall show cause in writing why he should not be sanctioned by having to pay for one-half hour of each defense counsel's time pursuant to Fed. R. Civ. P. 16(f). Mr. Bryant is warned that a failure to appear at the re-scheduled hearing may result in additional sanctions including dismissal of the case for failure to prosecute. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 05/20/2026. (jrobe, )
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Filing 27
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 5/20/2026. Scheduling Conference RESET for 5/29/2026 at 02:00 PM before Magistrate Judge N. Reid Neureiter. Text Only Entry (nrnlc2, )
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Filing 26
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 5/20/20. Scheduling Conference RESET for 5/28/2026 at 04:00 PM before Magistrate Judge N. Reid Neureiter. Five minutes prior to the start of the hearing, the parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937#. Text Only Entry (nrnlc2, )
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| Filing 25 MINUTE ENTRY for Telephonic Scheduling Conference held on 5/20/2026 before Magistrate Judge N. Reid Neureiter: An appropriate order will be issued. Mr. Bryant will be asked to show cause why he should not be sanctioned for not appearing by telephone at a scheduled court hearing. Scheduling Order was NOT entered. FTR: A401. (msmot, ) |
| Filing 24 Proposed Scheduling Order by Plaintiff Kiana Birch. (Bryant, Raymond) |
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Filing 23
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 Chief Judge Daniel D. Domenico on 5/4/2026. Text Only Entry. (rkeec)
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| Filing 22 CASE REASSIGNED Pursuant to #21 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Chief Judge Daniel D. Domenico. All future pleadings should be designated as 26-cv-00077-DDD. (Text Only Entry) (jrobe, ) |
| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Kiana Birch All parties do not consent.. (Bryant, Raymond) |
| Filing 20 ANSWER to #1 Complaint, by Daniel Miller.(Eddy, Jonathan) |
| Filing 19 ANSWER to #1 Complaint, by Gene Claps.(Booth, Kerri) |
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Filing 18
ORDER Re: Motion for Leave to Withdraw From Limited Scope Representation Pursuant to D.C.Colo.LAttyR 5(b). THIS MATTER, having come before the Court, the Court having received and reviewed this Motion for Leave To Withdraw From Limited Scope Representation Pursuant To D.C. Colo.Lattyr 5(B) and the file, having considered said Motion and being fully advised in the premises, the Court hereby GRANTS this Motion for Leave To Withdraw From Limited Scope Representation Pursuant To D.C. Colo.Lattyr 5(B). Kodie N. Clinton and Kevin Duarte are given leave to withdraw from limited scope representation of Defendant Daniel Miller. PLEASE READ ATTACHED ORDER. Entered by Magistrate Judge N. Reid Neureiter on 03/23/2026. (agryan)
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| Filing 17 MOTION for Leave to Withdraw from Limited Scope of Representation Pursuant to D.C. COLO.LAttyR 5(b) by Defendant Daniel Miller. (Attachments: #1 Proposed Order (PDF Only) Proposed Order RE Motion for Leave to Withdraw from Limited Scope of Representation Pursuant to D.C. COLO.LAttyR 5(b))(Clinton, Kodie) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to Answer or Otherwise Respond re #1 Complaint. Defendant Daniel Miller shall answer or otherwise respond on or before 4/22/2026. By Magistrate Judge N. Reid Neureiter on 3/19/2026. Text Only Entry(nrnlc2, )
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Daniel Miller. (Kramer, Courtney) |
| Filing 14 NOTICE of Entry of Appearance by Courtney B. Kramer on behalf of Daniel MillerAttorney Courtney B. Kramer added to party Daniel Miller(pty:dft) (Kramer, Courtney) |
| Filing 13 NOTICE of Entry of Appearance by Jonathan N. Eddy on behalf of Daniel MillerAttorney Jonathan N. Eddy added to party Daniel Miller(pty:dft) (Eddy, Jonathan) |
| Filing 12 NOTICE of Change of Address/Contact Information by Kodie N. Clinton (Clinton, Kodie) |
| Filing 11 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #9 Notice of Entry of Appearance filed by attorney Kodie N. Clinton. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) |
| Filing 10 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Daniel Miller.. (Clinton, Kodie) |
| Filing 9 NOTICE of Entry of Appearance of Kodie N. Clinton and Kevin Duarte by Kodie N. Clinton on behalf of Daniel MillerAttorney Kodie N. Clinton added to party Daniel Miller(pty:dft) (Clinton, Kodie) |
| Filing 8 SUMMONS Returned Executed by Kiana Birch. Daniel Miller served on 2/9/2026, answer due 3/2/2026. (Bryant, Raymond) |
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Filing 7
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM IT IS HEREBY ORDERED that Plaintiff shall promptly serve Defendants. IT IS FURTHER ORDERED that on or before May 6, 2026, the parties shall complete and file the Consent/Non-Consent Form (see ECF No. [3-2]), indicating either unanimous consent of the parties or that consent has been declined. Please note that this date may be earlier than the default deadlines contemplated by D.C.COLO.LCivR 40.1(c)(4). IT IS FURTHER ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: May 20, 2026 at 9:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The Scheduling Conference will be conducted via telephone. Five minutes prior to the start of the hearing, the parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937#. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 02/02/2026. (jrobe, )
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| Filing 6 MEMORANDUM RETURNING CASE. Case randomly reassigned to Magistrate Judge N. Reid Neureiter for all further proceedings. Judge R. Brooke Jackson is no longer assigned to case. All future pleadings should be designated as 26-cv-00077-NRN. (ccuen, ) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Gene Claps. Gene Claps waiver sent on 1/29/2026, answer due 3/30/2026. (Booth, Kerri) |
| Filing 4 NOTICE of Entry of Appearance by Kerri Ann Booth on behalf of Gene ClapsAttorney Kerri Ann Booth added to party Gene Claps(pty:dft) (Booth, Kerri) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (echa, ) |
| Filing 2 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT and Jury Demand against Daniel Miller and Gene Claps (Filing fee $ 405,Receipt Number ACODC-10751004)Attorney Raymond K. Bryant added to party Kiana Birch(pty:pla), filed by Kiana Birch. (Attachments: #1 Civil Cover Sheet, #2 Summons Summons Request, #3 Summons Summons Request)(Bryant, Raymond) Modified on 1/8/2026 to correct text (amona, ). |
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