Bay v. Marinelli et al
| Jacob Bay |
| Regina Marinelli, Allen (I) Holden, Christina (I) Lorch, Anthony (I) Hamilton, FNU Palmer, William (I) George, Walter (I) Iron-Cloud Gresko, FNU (I) Libby and Lavina (I) Busby |
| 1:2026cv00156 |
| January 14, 2026 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| S Kato Crews |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
This docket was last retrieved on June 18, 2026. A more recent docket listing may be available from PACER.
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| Filing 44 NOTICE of Entry of Appearance by Amber J. Munck on behalf of Anthony Hamilton, Andrea Liby, Danielle PalmerAttorney Amber J. Munck added to party Anthony Hamilton(pty:dft), Attorney Amber J. Munck added to party Andrea Liby(pty:dft), Attorney Amber J. Munck added to party Danielle Palmer(pty:dft) (Munck, Amber) |
| Filing 43 NOTICE of Entry of Appearance by Ben Longnecker on behalf of Anthony Hamilton, Andrea Liby, Danielle PalmerAttorney Ben Longnecker added to party Anthony Hamilton(pty:dft), Attorney Ben Longnecker added to party Andrea Liby(pty:dft), Attorney Ben Longnecker added to party Danielle Palmer(pty:dft) (Longnecker, Ben) |
| Filing 42 NOTICE of Entry of Appearance by Rebecca Philana Klymkowsky on behalf of Anthony Hamilton, Andrea Liby, Danielle PalmerAttorney Rebecca Philana Klymkowsky added to party Anthony Hamilton(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Andrea Liby(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Danielle Palmer(pty:dft) (Klymkowsky, Rebecca) |
Filing 41
ORDER granting #40 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. For good cause, the deadline for Defendants Allen Holden, Christina Lorch, and Regina Marinelli to respond to the Complaint is extended to August 17, 2026. By Judge S. Kato Crews on 6/17/2026. Text Only Entry(skcja, )
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| Filing 40 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #36 Amended Complaint by Defendants Allen Holden, Christina Lorch, Regina Marinelli. (Klymkowsky, Rebecca) |
| Filing 39 WAIVER OF SERVICE Returned Executed by Jacob Bay. Anthony Hamilton waiver sent on 6/16/2026, answer due 8/17/2026. (Crass, Rachel) |
| Filing 38 WAIVER OF SERVICE Returned Executed by Jacob Bay. Andrea Liby waiver sent on 6/16/2026, answer due 8/17/2026. (Crass, Rachel) |
| Filing 37 WAIVER OF SERVICE Returned Executed by Jacob Bay. Danielle Palmer waiver sent on 6/16/2026, answer due 8/17/2026. (Crass, Rachel) |
| Filing 36 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Jacob Bay.(Crass, Rachel) |
Filing 35
ORDER For good cause and the motion being unopposed, #34 Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint is granted. No later than close of business today, Plaintiff shall separately file a clean copy of the Second Amended Complaint.In light of the Motion at Dkt. 34 being granted, #33 Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint and #25 Motion to Dismiss are now moot. By Judge S. Kato Crews on 6/2/2026. Text Only Entry(skcja, )
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| Filing 34 Unopposed MOTION to Amend/Correct/Modify #22 Amended Complaint by Plaintiff Jacob Bay. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order (PDF Only))(Crass, Rachel) |
| Filing 33 Unopposed MOTION to Amend/Correct/Modify #22 Amended Complaint by Plaintiff Jacob Bay. (Crass, Rachel) |
| Filing 32 REPLY to Response to #25 MOTION to Dismiss filed by Defendants Allen Holden, Christina Lorch, Regina Marinelli. (Klymkowsky, Rebecca) |
Filing 31
MINUTE ORDER: This matter is before the Court on the defendants' Unopposed Motion to Stay Discovery, ECF No. #29 . For good cause shown, and after consideration of the factors enunciated in String Cheese Incident, LLC v. Stylus Shows, Inc., No. 02-cv-01934-LTB-PAC, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006), it is hereby ORDERED that the motion, ECF No. #29 , is GRANTED. A stay will not prejudice the plaintiff nor burden the defendant, will avoid burdening the parties with the costs of litigating while the court considers the defendants' motion to dismiss, promotes judicial economy and efficiency, has no impact on nonparties, and is in the public interest. Accordingly, it is hereby ORDERED that discovery is STAYED. Accordingly, it is further ORDERED that the April 23, 2026 Scheduling Conference is VACATED. It is further ORDERED that, in the event the some or all of the plaintiff's claims survive the motion to dismiss, ECF No. #25 , the parties shall file a motion asking the Court to set a Scheduling Conference within seven days of that ruling. Entered by Magistrate Judge Cyrus Y. Chung on 4/22/2026. Text Only Entry.(echa, )
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| Filing 30 MEMORANDUM regarding #29 Unopposed MOTION to Stay Discovery filed by Regina Marinelli, Christina Lorch, Allen Holden. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 4/22/2026. Text Only Entry (skcja, ) |
| Filing 29 Unopposed MOTION to Stay Discovery by Defendants Allen Holden, Christina Lorch, Regina Marinelli. (Longnecker, Ben) |
| Filing 28 BRIEF in Opposition to #25 MOTION to Dismiss Sheriff Defendants' Motion to Dismiss Corrected First Amended Complaint filed by Plaintiff Jacob Bay. (Crass, Rachel) |
| Filing 27 Conventionally Submitted Material : 1 Flash Drive to #26 Notice of Conventionally Submitted Material for ECF #25 by Defendants Allen Holden, Christina Lorch, Regina Marinelli. Location of stored Item: Clerk's Office Oversized Area B-3-4. Text Only Entry. (jrobe, ) |
| Filing 26 NOTICE of Conventionally Submitted Material for ECF 25 by Defendants Allen Holden, Christina Lorch, Regina Marinelli (Longnecker, Ben) |
| Filing 25 MOTION to Dismiss by Defendants Allen Holden, Christina Lorch, Regina Marinelli. (Attachments: #1 Exhibit A Warrantless Arrest Affidavit, #2 Conventionally Submitted B-1 BWC Video Footage (Holden), #3 Conventionally Submitted B-2 BWC Video Footage (Lorch))(Klymkowsky, Rebecca) |
Filing 24
ORDER granting #23 Unopposed Motion for Leave to File Excess Pages. For good cause, the Sheriff Defendants are granted an additional seven (7) pages, for a total of twenty-two (22) pages for their upcoming motion to dismiss. By Judge S. Kato Crews on 3/20/2026. Text Only Entry(skcja, )
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| Filing 23 MOTION for Leave to File Excess Pages in Response to Amended Complaint [EC 11, 22] by Defendants Allen Holden, Christina Lorch, Regina Marinelli. (Klymkowsky, Rebecca) |
| ***Party Jefferson County and Reggie (I) Marinelli (Jefferson County Sheriff in her individual capacity) terminated per #22 Amended Complaint.(eluce, ) |
| Filing 22 AMENDED COMPLAINT Corrected Amended Complaint against Jacob Bay, filed by Jacob Bay.(Crass, Rachel) |
| Filing 21 NOTICE of Filing Amended Pleading Corrected Amended Complaint by Plaintiff Jacob Bay (Attachments: #1 Exhibit Redlined Corrected Amended Complaint)(Crass, Rachel) |
Filing 20
MINUTE ORDER: This matter is before the Court on the Joint Motion to Vacate Scheduling Conference, ECF No. #18 , which asks the Court to vacate the March 12, 2026 Scheduling Conference and reset it "for a date to be determined following resolution of the anticipated motion to dismiss, or at such other time as the Court deems appropriate." Id. at 3. The motion also notes that the defendants "anticipate filing a motion to stay discovery concurrently with their motion to dismiss." Id. But neither of those motions have been filed and this motion essentially requests a stay without providing legal support for a stay. Accordingly, it is hereby ORDERED that the Joint Motion to Vacate Scheduling Conference, ECF No. #18 , is GRANTED in part to the extent it asks the Court to reset the March 12, 2026 Scheduling Conference to a later day. The motion, ECF No. #18 , is DENIED in part to the extent it requests any other relief. It is further ORDERED that the March 12, 2026 Scheduling Conference is RESET on April 23, 2026 at 10:30 a.m. The Court will consider the previously filed proposed Scheduling Order, ECF No. #15 , at the April 23, 2026 Scheduling Conference. If the parties file a joint motion to stay discovery pending resolution of the motion to dismiss with appropriate legal support ahead of the Scheduling Conference, the Court may vacate the Scheduling Conference. Entered by Magistrate Judge Cyrus Y. Chung on 03/11/2026. Text Only Entry.(agryan)
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Filing 19
MEMORANDUM regarding #18 Joint MOTION to Vacate #6 Minute Order,,, Scheduling Conference filed by Jefferson County, Christina Lorch, Reggie Marinelli, Reggie (I) Marinelli, Allen Holden. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 3/10/2026. Text Only Entry (skcja, )
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| Filing 18 Joint MOTION to Vacate #6 Minute Order,,, Scheduling Conference by Defendants Allen Holden, Jefferson County, Christina Lorch, Reggie Marinelli, Reggie (I) Marinelli. (Attachments: #1 Proposed Order (PDF Only))(Klymkowsky, Rebecca) |
| Filing 17 NOTICE of Entry of Appearance by Amber J. Munck on behalf of Allen Holden, Jefferson County, Christina Lorch, Reggie Marinelli, Reggie (I) MarinelliAttorney Amber J. Munck added to party Allen Holden(pty:dft), Attorney Amber J. Munck added to party Jefferson County(pty:dft), Attorney Amber J. Munck added to party Christina Lorch(pty:dft), Attorney Amber J. Munck added to party Reggie Marinelli(pty:dft), Attorney Amber J. Munck added to party Reggie (I) Marinelli(pty:dft) (Munck, Amber) |
Filing 16
MINUTE ORDER: The Parties are advised that the courtroom and chambers of Magistrate Judge Cyrus Y. Chung will be relocated to Courtroom C-201 on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado effective March 9, 2026. Any parties appearing in-person after this date should make note of the Court's new location. Remote appearance information, including teleconference lines or videoconference links, remain unchanged. The dates and times of all settings remain unchanged, unless otherwise ordered. Entered by Magistrate Judge Cyrus Y. Chung on 3/6/2026. Text Only Entry (spric)
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| Filing 15 Proposed Scheduling Order by Plaintiff Jacob Bay. (Crass, Rachel) |
Filing 14
MINUTE ORDER: Sheriff Defendants' Unopposed Motion For Extension of Time to Respond to Plaintiff's Complaint and Jury Demand [ECF #1 ], ECF No. #12 , is GRANTED for good cause shown. All Defendants shall answer or otherwise respond to the operative complaint on or before March 24, 2026. To the extent that the defendants believe that the First Amended Complaint, ECF No. #11 , should be stricken, that assertion should be made by separate motion after fulfilling the requirements of D.C.COLO.LCivR 7.1(a) rather than as part of this motion. Entered by Magistrate Judge Cyrus Y. Chung on 03/03/2026. Text Only Entry.(agryan)
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| Filing 13 MEMORANDUM regarding #12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, filed by Jefferson County, Christina Lorch, Reggie Marinelli, Reggie (I) Marinelli, Allen Holden. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 3/2/2026. Text Only Entry (skcja, ) |
| Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendants Allen Holden, Jefferson County, Christina Lorch, Reggie Marinelli, Reggie (I) Marinelli. (Attachments: #1 Proposed Order (PDF Only))(Klymkowsky, Rebecca) |
| Filing 11 SUPPLEMENT/AMENDMENT First Amended Complaint and Jury Demand by Plaintiff Jacob Bay. (Crass, Rachel) |
| Filing 10 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Allen Holden, Reggie Marinelli, Reggie (I) Marinelli, Jefferson County, Christina Lorch. Allen Holden answer due 3/3/2026; Reggie Marinelli answer due 3/3/2026; Reggie (I) Marinelli answer due 3/3/2026; Jefferson County answer due 3/3/2026; Christina Lorch answer due 3/3/2026. (Klymkowsky, Rebecca) |
| Filing 9 NOTICE of Entry of Appearance by Ben Longnecker on behalf of Allen Holden, Jefferson County, Christina Lorch, Reggie Marinelli, Reggie (I) MarinelliAttorney Ben Longnecker added to party Allen Holden(pty:dft), Attorney Ben Longnecker added to party Jefferson County(pty:dft), Attorney Ben Longnecker added to party Christina Lorch(pty:dft), Attorney Ben Longnecker added to party Reggie Marinelli(pty:dft), Attorney Ben Longnecker added to party Reggie (I) Marinelli(pty:dft) (Longnecker, Ben) |
| Filing 8 NOTICE of Entry of Appearance by Rebecca Philana Klymkowsky on behalf of Allen Holden, Jefferson County, Christina Lorch, Reggie Marinelli, Reggie (I) MarinelliAttorney Rebecca Philana Klymkowsky added to party Allen Holden(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Jefferson County(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Christina Lorch(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Reggie Marinelli(pty:dft), Attorney Rebecca Philana Klymkowsky added to party Reggie (I) Marinelli(pty:dft) (Klymkowsky, Rebecca) |
| Filing 7 SUMMONS Returned Executed by Jacob Bay. Allen Holden served on 1/16/2026, answer due 2/6/2026; Jefferson County served on 1/16/2026, answer due 2/6/2026; Christina Lorch served on 1/16/2026, answer due 2/6/2026; Reggie Marinelli served on 1/16/2026, answer due 2/6/2026; Reggie (I) Marinelli served on 1/16/2026, answer due 2/6/2026. (Attachments: #1 Affidavit Affidavit of Service for Deputy Lorch, #2 Affidavit Affidavit of Service for John Does, #3 Affidavit Affidavit of Service for Jefferson County, #4 Affidavit Affidavit of Service for Reggie Marinelli, #5 Affidavit Affidavit of Service for Reggie Marinelli)(Whitcomb, Joseph) |
Filing 6
MINUTE ORDER: Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on March 12, 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 01/15/2026. (agryan)
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| Filing 5 NOTICE ENCOURAGING CONSIDERATION OF CONSENT TO MAGISTRATE JUDGE JURISDICTION: This district's magistrate judges play a crucial role in the work and structure of the district court and the administration of justice. Under Local Rule 72.2, the parties have the option to consent to their case being presided over by a magistrate judge instead of a district judge. This court encourages parties to meaningfully confer and consider consenting to magistrate judge jurisdiction. There are many benefits to consenting. One such benefit is having a single judicial officer preside over every aspect of your case rather than two. A second benefit is the certainty of not having your trial date vacated when set before a magistrate judge. District judges preside over felony criminal cases and those cases receive priority over civil cases because of a criminal defendant's speedy trial rights. Magistrate judges do not preside over felony criminal cases, and therefore, they do not have to vacate civil trials because of criminal cases. If the parties do not choose to consent to magistrate judge jurisdiction, they should keep in mind Local Rule 72.3. Under this rule, the parties may consent to the final determination of a dispositive motion (motion for summary judgment or motion to dismiss) by the assigned magistrate judge by filing a notice of consent for that motion. Please refer to Local Rule 72.3 for more information on that option. Consent to magistrate judge jurisdiction is voluntary, and no adverse consequence will result if one or more parties decline to consent. By Judge S. Kato Crews on 1/14/2026. Text Only Entry (skcja, ) |
Filing 4
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung for non-dispositive matters. 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 1/14/2026. Text Only Entry (skcja, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Magistrate Judge Consent Form) (eguth, ) |
| Filing 2 Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) |
| Filing 1 COMPLAINT against Allen Holden, Jefferson County, Christina Lorch, Reggie Marinelli (Filing fee $ 405,Receipt Number BCODC-10763237)Attorney Joseph A. Whitcomb added to party Jacob Bay(pty:pla), filed by Jacob Bay. (Attachments: #1 Civil Cover Sheet, #2 Summons Summons - Deputy Holden, #3 Summons Summons - Deputy Lorch, #4 Summons Summons - Jefferson County, #5 Summons Summons - John Does, #6 Summons Summons - Sheriff Marinelli Official Capacity, #7 Summons Summons - Sheriff Marinelli Personal Capacity)(Whitcomb, Joseph) |
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