Maxwell et al v. Westdale Asset Management, LTD. et al
| Jacqueline Maxwell and Latasha Maxwell |
| Westdale Asset Management, LTD., Natalie Browner and Larry Cunningham |
| 1:2026cv00979 |
| March 6, 2026 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 DECLARATION of Jacqueline Maxwell Regarding Conferral with Defendant's Counsel, by Plaintiffs Jacqueline Maxwell, Latasha Maxwell. (ccuen, ) |
| Filing 29 CERTIFICATE of Service by Plaintiff Jacqueline Maxwell, re: #22 MOTION (ccuen, ) |
| Filing 28 Proposed Second AMENDEDED COMPLAINT and Jury Demand against Natalie Browner, Larry Cunningham, Westdale Asset Management, LTD., filed by Latasha Maxwell, Jacqueline Maxwell. (Attachments: #1 Exhibit A - Redlined Proposed Second Amended Complaint)(ccuen, ) |
Filing 27
ORDER by Magistrate Judge Susan Prose on 08/10/2026. This matter is before the court pursuant to Plaintiffs' #22 Motion to Deny Defendant's Motion to Dismiss and #24 Motion for Leave to File Second Amended Complaint. The court reviews both of these filings with deference to Plaintiffs' pro se status, however notes that the certificate of conferral in each case fails to meet the requirements of D.C.COLO.LCivR 7.1(a). Although Plaintiffs are pro se, they are nonetheless obligated to comply with the court's local rules. See Hendrix v. Employer's Reinsurance Corp., 26 F. App'x 873, 874 (10th Cir. 2002) ("Pro se litigants must follow the rules of procedure, including local rules."). Here, Plaintiffs indicate that conferral was attempted, but neither motion includes the required statement as to whether or not the relief requested is opposed. Notwithstanding the lack of conferral, the court finds it appropriate to address Plaintiffs' pending motions as follows:The court construes Plaintiffs' #22 Motion to Deny Defendants' Motion to Dismiss to be Plaintiffs' response to the motion. Accordingly, Plaintiffs' #22 Motion is DENIED without prejudice as moot. The pleading will be considered as Plaintiff's timely filed response to Defendants' Motion to Dismiss.Finally, Plaintiffs' #24 Motion for Leave to File Second Amended does not include a proposed amended complaint as required by D.C.COLO.LCivR15.1(b). While the motion does indicate such an attachment was intended, the version filed does not contain any attachment or exhibit which is reasonably construed as a Second Amended Complaint or a redlined version of the complaint. Accordingly, Plaintiffs shall submit a proposed amended complaint by no later than August 31, 2026. The court will then proceed to address the Motion for Leave to Amend.Plaintiffs are advised that future motions lacking a certificate of conferral, including a statement whether opposing counsel opposes the motions, may be stricken. 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 26 RESPONSE to #24 MOTION for Leave to File Second Amended Complaint filed by Defendants Natalie Browner, Larry Cunningham, Westdale Asset Management, LTD.. (Scobee, Jacob) |
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Filing 25
ORDER SETTING CONSENT FORM DEADLINE by Magistrate Judge Susan Prose on 08/10/2026. Plaintiff's position on consent was filed on May 26, 2026 (ECF No. #16 ). On or before August 17, 2026, Defendants shall file a Magistrate Judge Consent Form indicating their position as to magistrate judge jurisdiction. 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 24 Plaintiff's MOTION for to File Second Amended Complaint, by Plaintiffs Jacqueline Maxwell, Latasha Maxwell. (Attachments: #1 Exhibit)(ccuen, ) |
| Filing 23 REPLY to Response to #22 MOTION for Order to filed by Defendants Natalie Browner, Larry Cunningham, Westdale Asset Management, LTD.. (Scobee, Jacob) |
| Filing 22 MOTION to Deny Defendant's Motion to Dismiss for Collateral Estoppel by Plaintiff Jacqueline Maxwell. (agryan) |
| Filing 21 MOTION to Dismiss Under FED.R.CIv.P. 12(b)(6) by Defendants Natalie Browner, Larry Cunningham, Westdale Asset Management, LTD.. (Attachments: #1 Exhibit Exhibit A - District Court Complaint, #2 Exhibit Exhibit B - Motion to Dismiss Westdale, #3 Exhibit Exhibit C - Motion to Join Cunningham, #4 Exhibit Exhibit D - Motion to Dismiss Browner, #5 Exhibit Exhibit E - Cunningham Order, #6 Exhibit Exhibit F - Westdale and Cunningham Order Dismissing, #7 Exhibit Exhibit G - Order Dismissing Browner, #8 Exhibit Exhibit H - State Court Docket)(Scobee, Jacob) |
| Filing 20 NOTICE of Entry of Appearance by Wes P. Wollenweber on behalf of All Defendants Attorney Wes P. Wollenweber added to party Natalie Browner(pty:dft), Attorney Wes P. Wollenweber added to party Larry Cunningham(pty:dft), Attorney Wes P. Wollenweber added to party Westdale Asset Management, LTD.(pty:dft) (Wollenweber, Wes) |
| Filing 19 SUMMONS Returned Executed. Westdale Asset Management, LTD. served on 5/20/2026, answer due 6/10/2026. (agryan) |
| Filing 18 SUMMONS Returned Executed. Larry Cunningham served on 5/16/2026, answer due 6/8/2026. (agryan) |
| Filing 17 SUMMONS Returned Executed. Natalie Browner served on 5/16/2026, answer due 6/8/2026. (agryan) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Jacqueline Maxwell. Plaintiff party does consent.. (agryan) |
| Filing 15 Letter from Clerk of Court re: Service of Process #12 Amended Complaint. (Attachments: #1 F.R.Civ. P Rule 4, #2 Summons, #3 Summons, #4 Summons, #5 Copy of Magistrate Judge issued at ECF #14 Consent Form) (ccuen, ) |
| Filing 14 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (pklin, ) |
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Filing 13
Order Drawing Case by Magistrate Judge Richard T. Gurley on 05/08/2026. 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. the Application to Proceed in District Court without Prepaying Fees or Costs (ECF No. #11 ) is denied as moot because Plaintiffs have paid the filing fee. (This case is randomly reassigned to Magistrate Judge Susan B. Prose for all further proceedings. All future pleadings should be designated as 26-cv-00979.) 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. (pklin, )
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| Filing 12 AMENDED COMPLAINT against Natalie Browner, Larry Cunningham, Westdale Asset Management, LTD., filed by Jacqueline Maxwell, Latasha Maxwell. (pklin, ) |
| Filing 11 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Latasha Maxwell. (pklin, ) |
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Filing 10
Minute Order by Magistrate Judge Richard T. Gurley on 04/30/2026. Plaintiffs' "Motion to/for Consideration" (ECF No. #9 ) filed on April 7, 2026, is denied without prejudice. The Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #2 ) is denied as moot because Plaintiffs paid the filing fee (ECF No. #5 ). Plaintiffs were directed to file an amended Complaint on the court-approved general Complaint form within 30 days. Plaintiffs remain obligated to file an amended pleading on the court-approved form as directed in the April 7 Order on or before May 7, 2026. Failure to comply may result in dismissal of this action. 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. (pklin, )
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| Filing 9 MOTION to/for Consideration by Plaintiff Jacqueline Maxwell. (pklin, ) |
| Filing 8 SUMMONSES issued over the counter by Clerk. (pklin, ) |
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Filing 7
Order Directing Plaintiffs To File Amended Complaint by Magistrate Judge Richard T. Gurley on 04/07/2026. ORDERED that Plaintiffs shall file, within thirty (30) days from the date of this Order, an amended Complaint on the court-approved General Complaint form that complies with the directives in this Order. If Plaintiffs fail to file an amended Complaint that complies with this Order within the time allowed, the action will be dismissed without further notice. 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. (pklin, )
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| Filing 6 Summonses issued by Clerk over the counter. (pklin, ) |
| Filing 5 Filing fee: $405.00, receipt number 117431. (pklin, ) |
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Filing 4
Order Directing Plaintiffs To Cure Deficiencies by Magistrate Judge Richard T. Gurley on 03/11/2026. Ordered that Plaintiffs shall cure the designated deficiencies within thirty (30) days from the date of this order. If Plaintiffs fail to cure the designated deficiencies within thirty (30) days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice. 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. (pklin, )
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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. (eguth, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) by Plaintiffs Jacqueline Maxwell, Latasha Maxwell. (eguth, ) |
| Filing 1 COMPLAINT against Natalie Browner, Larry Cunningham, Westdale Asset Management, LTD., filed by Jacqueline Maxwell, Latasha Maxwell. (Attachments: #1 Civil Cover Sheet)(eguth, ) |
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