Hershfeldt v. Johnston et al
| Gerald Paul Hershfeldt |
| Carleen Johnston, Carleen (I) Johnston, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Cindy Lucero, Cindy (I) Lucero, Wendy Batts, Wendy (I) Batts, Arthur J. Spicciati, Arthur (I) J. Spicciati, Larry Boyd, Larry (I) Boyd, Jane Rodig, Jane (I) Rodig, Heather O'Hayre, Michelle Barnes, Laurie Gill and Larimer County, Colorado |
| 1:2026cv00342 |
| January 27, 2026 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 85 MOTION for Leave to Amend by Plaintiff Gerald Paul Hershfeldt. (Attachments: #1 Proposed Document, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit)(Hershfeldt, Gerald) |
Filing 84
MINUTE ORDER: This matter is on before the Court sua sponte. At the May 27, 2026 Status Conference, the Court set a Motion Hearing for July 29, 2026 based on the plaintiff's representation that he intended to file a motion to amend the complaint. ECF No. #72 . The plaintiff filed a motion to amend on June 18, 2026, ECF No. #77 , but it was denied without prejudice for failure to comply with D.C.COLO.LCivR 7.1(a), and the plaintiff was given leave to "refile upon completion of the Local Rule 7.1(a) conferral requirement." ECF No. 80 . The plaintiff has not refiled the motion to date. Accordingly, it is ORDERED that the Motion Hearing set for July 29, 2026 at 2:00 p.m. is VACATED. Entered by Magistrate Judge Cyrus Y. Chung on 07/20/2026. 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 83
MINUTE ORDER: #82 Larimer County Defendants' Motion to Withdraw Response to Plaintiff's Motion to Amend Complaint is GRANTED. #81 Larimer County Defendants' Response to Plaintiff's Motion to Amend Complaint is deemed WITHDRAWN. By Judge Nina Y. Wang on 7/10/2026. 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. Text Only Entry(nywlc10, )
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| Filing 82 MOTION to Withdraw Document re #81 Reply to Response to Motion, by Defendants Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. Spicciati. (Lowe, Michael) |
| Filing 81 REPLY to Response to #77 Second MOTION to Amend/Correct/Modify #9 Amended Complaint, filed by Defendants Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. Spicciati. (Lowe, Michael) |
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Filing 80
MINUTE ORDER: Plaintiff's Motion for Leave to File Response to Defendant Gill's Motion to Dismiss One Day Out of Time, ECF No. #73 , is GRANTED for good cause shown. Plaintiff's Motion for Leave to File Second Amended Complaint, ECF No. #77 , is DENIED without prejudice. The Local Rule 7.1(a) conferral certification appears incomplete, as it includes a note saying "STATE RESULT OF CONFERRAL HERE BEFORE FILING." ECF No. #77 at 2. The plaintiff may refile the motion upon completion of the Local Rule 7.1(a) conferral requirement. Entered by Magistrate Judge Cyrus Y. Chung on 06/26/2026. 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 79 ERRATA re #77 Second MOTION to Amend/Correct/Modify #9 Amended Complaint, by Plaintiff Gerald Paul Hershfeldt. (Attachments: #1 Notice of Errata)(Hershfeldt, Gerald) |
| Filing 78 MEMORANDUM regarding #77 Second MOTION to Amend/Correct/Modify #9 Amended Complaint, filed by Gerald Paul Hershfeldt. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 6/18/2026. Text Only Entry (nywlc10, ) |
| Filing 77 Second MOTION to Amend/Correct/Modify #9 Amended Complaint, by Plaintiff Gerald Paul Hershfeldt. (Attachments: #1 SECOND AMENDED COMPLAINT, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Pages)(Hershfeldt, Gerald) |
| Filing 76 REPLY to Response to #33 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2) and 12(b)(6) filed by Defendant Laurie Gill. (Poppe, Nicholas) |
| Filing 75 MEMORANDUM regarding #73 MOTION for Extension of Time to filed by Gerald Paul Hershfeldt. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 6/9/2026. Text Only Entry (nywlc10, ) |
| Filing 74 RESPONSE to #33 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2) and 12(b)(6) filed by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
| Filing 73 RESPONSE to #33 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2) and 12(b)(6) filed by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) Modified on 6/9/2026 to add gavel (agryan). |
| Filing 72 MINUTE ENTRY for Status Conference held on 5/27/2026 before Magistrate Judge Cyrus Y. Chung. A Motion Hearing is set for July 29, 2026 at 2:00 p.m. in Courtroom C-201, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado on the plaintiff's forthcoming Motion to Amend Complaint. The oral motion to extend the answer or otherwise respond to the plaintiff's First Amended Complaint and Jury Demand, ECF No. #9 , is GRANTED. All represented defendants (including Ms. Rodig) shall answer or otherwise respond to the plaintiff's First Amended Complaint and Jury Demand, ECF No. #9 , on or before August 19, 2026. FTR: C201. (Attachments: #1 Pro Se Letter) (spric) |
| Filing 71 NOTICE of Entry of Appearance by Nicholas Christaan Poppe on behalf of Jane (I) RodigAttorney Nicholas Christaan Poppe added to party Jane (I) Rodig(pty:dft) (Poppe, Nicholas) |
| Filing 70 NOTICE of Entry of Appearance by Heather Dawn Kuhlman on behalf of Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. SpicciatiAttorney Heather Dawn Kuhlman added to party Wendy Batts(pty:dft), Attorney Heather Dawn Kuhlman added to party Wendy (I) Batts(pty:dft), Attorney Heather Dawn Kuhlman added to party Jennifer Brant(pty:dft), Attorney Heather Dawn Kuhlman added to party Jennifer (I) Brant(pty:dft), Attorney Heather Dawn Kuhlman added to party Timothy J. Jashinsky(pty:dft), Attorney Heather Dawn Kuhlman added to party Timothy (I) J. Jashinsky(pty:dft), Attorney Heather Dawn Kuhlman added to party Carleen Johnston(pty:dft), Attorney Heather Dawn Kuhlman added to party Carleen (I) Johnston(pty:dft), Attorney Heather Dawn Kuhlman added to party Larimer County, Colorado(pty:dft), Attorney Heather Dawn Kuhlman added to party Cindy Lucero(pty:dft), Attorney Heather Dawn Kuhlman added to party Cindy (I) Lucero(pty:dft), Attorney Heather Dawn Kuhlman added to party Heather O'Hayre(pty:dft), Attorney Heather Dawn Kuhlman added to party Arthur J. Spicciati(pty:dft), Attorney Heather Dawn Kuhlman added to party Arthur (I) J. Spicciati(pty:dft) (Kuhlman, Heather) |
| Filing 69 SUMMONS Returned Executed. Jane Rodig served on 5/20/2026, answer due 6/10/2026; Jane (I) Rodig served on 5/20/2026, answer due 6/10/2026. (ggill, ) |
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Filing 68
MINUTE ORDER: This matter is before the court on email correspondence from the defendant Laurie Gill. A Status Conference is set for May 27, 2026 at 10:45 a.m. Mr. Poppe 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 5/22/2026. Text Only Entry (spric)
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Filing 67
ORDER Adopting Magistrate Judge's Recommendation. IT IS ORDERED that: (1) Plaintiff's Objections to Recommendation of United States Magistrate Judge Denying Motion for Temporary Restraining Order [Doc. #30 ] are OVERRULED; (2) The Recommendation of United States Magistrate Judge [Doc. #19 ] is ADOPTED; and (3) Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction Pursuant to Fed. R. Civ. P. 65 [Doc. #11 ] is DENIED. By Judge Nina Y. Wang on 5/8/2026. 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 66
MINUTE ORDER: The Larimer County Defendants['] Motion to Stay Deadline to Respond to First Amended Complaint Pending Resolution of Plaintiff's Motion for Leave to Amend First Amended Complaint, ECF No. #64 , is GRANTED for good cause shown and without awaiting a response from the plaintiff. See D.C.COLO.LCivR 7.1(d). It is hereby ORDERED that defendants Carleen Johnston, Jennifer Brant, Timothy J. Jashinsky, Cindy Lucero, Wendy Batts, Arthur J. Spicciati, Heather O'Hayre, and Larimer County, Colorado shall respond to the First Amended Complaint on or before June 26, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 05/08/2026. 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 65 MEMORANDUM regarding #64 MOTION to Stay re #9 Amended Complaint, (Response to First Amended Complaint Pending Resolution of Plaintiff's Motion for Leave to Amend First Amended Complaint filed by Arthur J. Spicciati, Wendy (I) Batts, Jennifer (I) Brant, Timothy J. Jashinsky, Jennifer Brant, Carleen (I) Johnston, Heather O'Hayre, Arthur (I) J. Spicciati, Carleen Johnston, Cindy Lucero, Timothy (I) J. Jashinsky, Wendy Batts, Cindy (I) Lucero, Larimer County, Colorado. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 5/8/2026. 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. Text Only Entry (nywlc10, ) |
| Filing 64 MOTION to Stay re #9 Amended Complaint, (Response to First Amended Complaint Pending Resolution of Plaintiff's Motion for Leave to Amend First Amended Complaint by Defendants Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. Spicciati. (Lowe, Michael) Modified on 5/8/2026 to amend event type (agryan). |
| Filing 63 CERTIFICATE of Service by Clerk of Court re Service of Process of #9 Amended Complaint re: #62 Minute Order (Attachments: #1 U.S. Marshal Service Form) (agryan) |
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Filing 62
MINUTE ORDER: For good cause shown and because the plaintiff proceeds pursuant to 28 U.S.C. 1915, ECF No. #12 , the motion, ECF No. #55 , is GRANTED. The Plaintiff's Motion for Leave to File Response to Defendant Gill's Motion to Dismiss Out of Time Pursuant to Federal Rule of Civil Procedure 6(b) (1)(B), ECF No. #57 , is DENIED. However, given that this is his first such request and it appears to be made in good faith, the Court will sua sponte extend the plaintiff's deadline to file a response to defendant Laurie Gills motion to dismiss, ECF No. #33 , through June 5, 2026. Failure to file a response to the motion will result in the Court considering the defendant's arguments without the benefit of the plaintiff's point-of-view. Defendant Michelle Barnes' Unopposed Motion to Stay Deadline to Respond to First Amended Complaint Pending Resolution of Plaintiff's Motion for Leave to Amend the First Amended Complaint, ECF No. #60 , is GRANTED in part. Because the motion the defendant anticipates the plaintiff will file has not yet been filed, the Court will extend her deadline to respond to the First Amended Complaint but will not indefinitely extend that deadline. Accordingly, it is hereby ORDERED that defendant Barnes shall respond to the First Amended Complaint on or before June 26, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 05/06/2026. 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 61 MEMORANDUM regarding #60 Unopposed MOTION to Stay UNOPPOSED MOTION TO STAY DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT PENDING RESOLUTION OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THE FIRST AMENDED COMPLAINT filed by Michelle Barnes. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 05/01/2026. Text Only Entry (nywlc2, ) |
| Filing 60 Unopposed MOTION to Stay UNOPPOSED MOTION TO STAY DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT PENDING RESOLUTION OF PLAINTIFFS MOTION FOR LEAVE TO AMEND THE FIRST AMENDED COMPLAINT. by Defendant Michelle Barnes. (Ollis, Rachel) |
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Filing 59
MINUTE ORDER: It is hereby ORDERED that a Status Conference will be held before this Court on May 27, 2026 at 10:45 a.m. in Courtroom C-201, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. If this date is not convenient for any Party, the Parties shall confer regarding potential alternate dates. If the Parties agree upon a date or dates, they must jointly email my chambers to obtain an alternate date. If the Parties cannot agree, any Party seeking to change the conference date must file a motion. Absent exceptional circumstances, no request for rescheduling will be entertained unless made at least seven days prior to the date of the conference. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at the Status Conference by telephone. Please email Chambers, copying all Parties, at least five days prior to the Status Conference to arrange appearance by telephone. Entered by Magistrate Judge Cyrus Y. Chung on 4/30/2026. 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. (echa, )
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| Filing 58 MEMORANDUM regarding #57 MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2) and 12(b)(6) filed by Gerald Paul Hershfeldt. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 4/27/2026. 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 (nywlc10, ) |
| Filing 57 MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2) and 12(b)(6) by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
| Filing 56 MEMORANDUM regarding #55 MOTION for Extension of Time to serve filed by Gerald Paul Hershfeldt. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 4/27/2026. Text Only Entry (nywlc10, ) |
| Filing 55 MOTION for Extension of Time to serve by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
| Filing 54 SUMMONS issued by Clerk. (sphil, ) |
| Filing 53 SUMMONS REQUEST as to Larry Boyd and Jane Rodig by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
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Filing 52
ORDER Adopting Magistrate Judge's Order. IT IS ORDERED that: (1) Plaintiff's Emergency Objection to Magistrate Judge Order (ECF No. 39 ) Pursuant to Fed. R. Civ. P. 72(a) is OVERRULED; and (2) The Order of United States Magistrate Judge [Doc. 39 ] is ADOPTED. By Judge Nina Y. Wang on 4/14/2026. 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 51 RESPONSE to Objection to #19 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #11 MOTION for Temporary Restraining Order filed by Gerald Paul Hershfeldt filed by Defendants Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. Spicciati. (Lowe, Michael) |
| Filing 50 RESPONSE to #30 Objection to Report and Recommendations, DEFENDANT MICHELLE BARNES, IN HER OFFICAL CAPACITY AS DIRECTOR OF THE COLORADO DEPARTMENT OF HUMAN SERVICES, RESPONSE TO PLAINTIFFS OBJECTIONS TO RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE DENYING MOTION FOR TEMPORARY RESTRAINING ORDER [ECF 30] by Defendant Michelle Barnes. (Ollis, Rachel) |
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Filing 49
MINUTE ORDER: Defendant Michelle Barnes['], in her Official Capacity as Executive Director of the Colorado Department of Human Services, Unopposed Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint and Jury Demand, ECF No. #47 , is GRANTED for good cause shown. It is hereby ORDERED that defendant Michelle Barnes shall respond to the First Amended Complaint on or before May 6, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 04/09/2026. 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 48 MEMORANDUM regarding #47 First MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint, DEFENDANT MICHELLE BARNES, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE COLORADO DEPARTMENT OF HUMAN SERVICES, UNOPPOSED MOTION FOR EXTENSI filed by Michelle Barnes. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 4/9/2026. 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 (nywlc10, ) |
| Filing 47 First MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint, DEFENDANT MICHELLE BARNES, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE COLORADO DEPARTMENT OF HUMAN SERVICES, UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT AND JURY DEMAND by Defendant Michelle Barnes. (Ollis, Rachel) |
| Filing 46 Administrative Notice: #43 Summons Request. The summons submitted has incorrect caption and will not be issued. Please include all party names in the caption. Please file the completed summons for issuance using the event "Summons Request". (Text Only Entry) (ggill, ) |
| Filing 45 Summons Returned Unexecuted as to Larry Boyd, Larry (I) Boyd. (ggill, ) |
| Filing 44 Summons Returned Unexecuted as to Jane Rodig, Jane (I) Rodig. (ggill, ) |
| Filing 43 SUMMONS REQUEST as to Larry Boyd; Jane Rodig by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
| Filing 42 RESPONSE to #37 MOTION for Extension of Time to File Response/Reply as to #19 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #11 MOTION for Temporary Restraining Order filed by Gerald Paul Hershfeldt filed by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
| Filing 41 OBJECTION/Appeal of Magistrate Judge Decision to District Court re 39 Order on Motion for Extension of Time to Answer or Otherwise Respond,, by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
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Filing 40
MINUTE ORDER: The #37 Motion for Enlargement of Time to Respond to Plaintiff's Objection to Recommendation of United States Magistrate Judge is GRANTED in part. Defendants may have until April 14, 2026 to file their Response to Plaintiff's Objections. By Judge Nina Y. Wang on 4/7/2026. 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(nywlc10, )
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Filing 39
MINUTE ORDER: The Motion for Enlargement of Time to Respond to Plaintiff's Amended Complaint, ECF No. #36 , is GRANTED for good cause shown and without awaiting a response from the plaintiff. See D.C.COLO.LCivR 7.1(d). It is hereby ORDERED that defendants Carleen Johnston, Jennifer Brant, Timothy J. Jashinsky, Cindy Lucero, Wendy Batts, Arthur J. Spicciati, Heather O'Hayre, and Larimer County, Colorado shall respond to the amended complaint on or before May 7, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 04/07/2026. 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 38 MEMORANDUM regarding #36 MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint, filed by Arthur J. Spicciati, Wendy (I) Batts, Jennifer (I) Brant, Timothy J. Jashinsky, Jennifer Brant, Carleen (I) Johnston, Heather O'Hayre, Arthur (I) J. Spicciati, Carleen Johnston, Cindy Lucero, Timothy (I) J. Jashinsky, Wendy Batts, Cindy (I) Lucero, Larimer County, Colorado. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 4/7/2026. 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 (nywlc10, ) |
| Filing 37 MOTION for Extension of Time to File Response/Reply as to #19 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #11 MOTION for Temporary Restraining Order filed by Gerald Paul Hershfeldt by Defendants Michelle Barnes, Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. Spicciati. (Lowe, Michael) |
| Filing 36 MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint, by Defendants Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. Spicciati. (Lowe, Michael) |
| Filing 35 NOTICE of Entry of Appearance ENTRY OF APPEARANCE by Rachel Eileen Ollis on behalf of Michelle BarnesAttorney Rachel Eileen Ollis added to party Michelle Barnes(pty:dft) (Ollis, Rachel) |
| Filing 34 MEMORANDUM regarding #33 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2) and 12(b)(6) filed by Laurie Gill. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 4/3/2026. 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 (nywlc10, ) |
| Filing 33 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(2) and 12(b)(6) by Defendant Laurie Gill. (Poppe, Nicholas) |
| Filing 32 NOTICE of Entry of Appearance by Nicholas Christaan Poppe on behalf of Laurie GillAttorney Nicholas Christaan Poppe added to party Laurie Gill(pty:dft) (Poppe, Nicholas) |
| Filing 31 SUMMONS Returned Executed. Michelle Barnes served on 3/25/2026, answer due 4/15/2026. (ggill, ) |
| Filing 30 OBJECTION to #19 Report and Recommendations filed by Plaintiff Gerald Paul Hershfeldt. (Attachments: #1 Exhibit Larimer County Records Correspondence Dec 2025Jan 2026, #2 Exhibit Seperation Agreement, #3 Exhibit DASHR Correspondence Dec 2025 Mar 2026, #4 Exhibit Notice of Driver's License Suspension Nov 2022, #5 Exhibit Brant Email Feb 5 2025, #6 Exhibit Lucero Email Mar 20 2026)(Hershfeldt, Gerald) |
| Filing 29 SUMMONS Returned Executed. Timothy J. Jashinsky served on 3/17/2026, answer due 4/7/2026; Timothy (I) J. Jashinsky served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 28 NOTICE of Entry of Appearance by Michael Turner Lowe on behalf of Wendy Batts, Wendy (I) Batts, Jennifer Brant, Jennifer (I) Brant, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Arthur J. Spicciati, Arthur (I) J. SpicciatiAttorney Michael Turner Lowe added to party Wendy Batts(pty:dft), Attorney Michael Turner Lowe added to party Wendy (I) Batts(pty:dft), Attorney Michael Turner Lowe added to party Jennifer Brant(pty:dft), Attorney Michael Turner Lowe added to party Jennifer (I) Brant(pty:dft), Attorney Michael Turner Lowe added to party Timothy J. Jashinsky(pty:dft), Attorney Michael Turner Lowe added to party Timothy (I) J. Jashinsky(pty:dft), Attorney Michael Turner Lowe added to party Carleen Johnston(pty:dft), Attorney Michael Turner Lowe added to party Carleen (I) Johnston(pty:dft), Attorney Michael Turner Lowe added to party Larimer County, Colorado(pty:dft), Attorney Michael Turner Lowe added to party Cindy Lucero(pty:dft), Attorney Michael Turner Lowe added to party Cindy (I) Lucero(pty:dft), Attorney Michael Turner Lowe added to party Heather O'Hayre(pty:dft), Attorney Michael Turner Lowe added to party Arthur J. Spicciati(pty:dft), Attorney Michael Turner Lowe added to party Arthur (I) J. Spicciati(pty:dft) (Lowe, Michael) |
| Filing 27 SUMMONS Returned Executed. Arthur J. Spicciati served on 3/17/2026, answer due 4/7/2026; Arthur (I) J. Spicciati served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 26 SUMMONS Returned Executed. Heather O'Hayre served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 25 SUMMONS Returned Executed. Carleen Johnston served on 3/17/2026, answer due 4/7/2026; Carleen (I) Johnston served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 24 SUMMONS Returned Executed. Laurie Gill served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 23 SUMMONS Returned Executed. Jennifer Brant served on 3/17/2026, answer due 4/7/2026; Jennifer (I) Brant served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 22 SUMMONS Returned Executed. Wendy Batts served on 3/17/2026, answer due 4/7/2026; Wendy (I) Batts served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 21 SUMMONS Returned Executed. Cindy Lucero served on 3/17/2026, answer due 4/7/2026; Cindy (I) Lucero served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
| Filing 20 SUMMONS Returned Executed. Larimer County, Colorado served on 3/17/2026, answer due 4/7/2026. (ggill, ) |
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Filing 19
RECOMMENDATION of United States Magistrate Judge: The Court RECOMMENDS that the Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction Pursuant to Fed. R. Civ. P. 65, ECF No. #11 , be DENIED. 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 18 CERTIFICATE of Service by Clerk of Court re #9 Amended Complaint, for Service of Process. (Attachments: #1 Summons Carleen Johnston, #2 USMS Carleen Johnston, #3 Summons Jennifer Brant, #4 USMS Jennifer Brant, #5 Summons Timothy J. Jashinsky, #6 USMS Timothy J. Jashinsky, #7 Summons Cindy Lucero, #8 USMS Cindy Lucero, #9 Summons Wendy Batts, #10 USMS Wendy Batts, #11 Summons Arthur J. Spicciati, #12 USMS Arthur J. Spicciati, #13 Summons Larry Boyd, #14 USMS Larry Boyd, #15 Summons Jane Rodig, #16 USMS Jane Rodig, #17 Summons Heather O'Hayre, #18 USMS Heather O'Hayre, #19 Summons Michelle Barnes, #20 USMS Michelle Barnes, #21 Summons Laurie Gill, #22 USMS Laurie Gill, #23 Summons Larimer County, Colorado, #24 USMS Larimer County, Colorado) (ggill, ) |
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Filing 17
MEMORANDUM regarding #11 MOTION for Temporary Restraining Order filed by Gerald Paul Hershfeldt. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge Nina Y. Wang on 3/5/2026. 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 (nywlc10, )
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Filing 16
ORDER REFERRING CASE: This case is referred 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, and (4) 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 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 his 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 Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 3/5/2026. 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 (nywlc10, )
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| Filing 15 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (amona,) |
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Filing 14
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 be DRAWN to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-00342-NYW). By Magistrate Judge Richard T. Gurley on 3/5/2026. 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
ORDER Denying #10 Motion for Leave to Restrict. It is ordered that Plaintiffs Plaintiffs Motion to Seal Original Filings andSubstitute Rule 5.2-Complaint Versions Pursuant to Fed. R. Civ. P. 5.2 andD.C.COLO.LCivR 7.2 (ECF No. #10 ), filed on February 26, 2026, is DENIED, by Magistrate Judge Richard T. Gurley on 3/4/2026. 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.(eluce, )
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Filing 12
ORDER Granting Leave to Proceed In Forma Pauperis. It is ordered the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #8 ) is GRANTED. It is further ordered that the Application for Leave to Proceed in District Court Without Prepaying Fees or Costs (Short Form) (ECF No #2 ) is DENIED WITHOUT PREJUDICE as filed on the incorrect form. It is further ordered that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #6 ) is DENIED AS MOOT, by Magistrate Judge Richard T. Gurley 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.(echa, )
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| Filing 11 MOTION for Temporary Restraining Order by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
| Filing 10 MOTION for Leave to Restrict by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Gerald Paul Hershfeldt. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Hershfeldt, Gerald) |
| Filing 8 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) |
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Filing 7
MINUTE ORDER. Plaintiff has filed an Application for Leave to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #6 ). Plaintiff shall file an amended Application for Leave to Proceed in District Court Without Prepaying Fees or Costs (Long Form) clarifying his current monthly income within 30 days from the date of this minute order. By Magistrate Judge Richard T. Gurley on 2/10/2026. 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. (ggill, )
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| Filing 6 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) filed by Plaintiff Gerald Paul Hershfeldt. (Hershfeldt, Gerald) Modified to correct title on 2/10/2026 (jrobe, ). |
| Filing 5 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Gerald Paul Hershfeldt, sought and received e-filing privileges on 2/2/2026. 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 4
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY. ORDERED that Plaintiff cure the deficiencies designated above within thirty days from the date of this order. If Plaintiff fails to cure the designated deficiency by the deadline this action may be dismissed without further notice. By Magistrate Judge Richard T. Gurley on 1/28/2026. 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 3 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (eluce, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Gerald Paul Hershfeldt. (eluce, ) |
| Filing 1 COMPLAINT FOR VIOLATION OF CIVIL RIGHTS (42 U.S.C. 1983) against Michelle Barnes, Wendy Batts, Wendy (I) Batts, Larry Boyd, Larry (I) Boyd, Jennifer Brant, Jennifer (I) Brant, Laurie Gill, Timothy J. Jashinsky, Timothy (I) J. Jashinsky, Carleen Johnston, Carleen (I) Johnston, Larimer County, Colorado, Cindy Lucero, Cindy (I) Lucero, Heather O'Hayre, Jane Rodig, Jane (I) Rodig, Arthur J. Spicciati, Arthur (I) J. Spicciati, filed by Gerald Paul Hershfeldt. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(eluce, ) Modified to correct file date on 1/28/2026 (eluce, ). |
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