Martinez v. City and County of Denver et al
| Everett Ben Martinez |
| Michiko Brown, City and County of Denver, Miko Brown, Michiko (I) Brown, Nicole Doheny, Nicole (I) Doheny, Jeff Dolan and Jeff (I) Dolan |
| 1:2026cv01100 |
| March 18, 2026 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Kathryn A Starnella |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
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| Filing 85 REPLY to Response to #50 MOTION for Protective Order and To Seal Certain Previously-Filed Documents [Filing Redacted Version of Dkt. No. 44, Pursuant to Dkt. No. 43] filed by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Scott, Jessica) |
Filing 84
ORDER granting in part #82 Motion for Extension of Time. Having reviewed the motion and the response, the Court orders as follows:1. Plaintiff may have to and including May 22, 2026, to file his Reply. No additional extensions of time will be granted. Presumably Plaintiff's current counsel has made some progress on the Reply at this point, and Plaintiff is himself an attorney. Thus, even if Plaintiff has not yet hired replacement counsel, he is quite capable of completing his Reply in a pro se capacity. 2. The briefing on Defendants' attorney fees award is STAYED pending the resolution of Plaintiff's forthcoming objection. The deadline for this objection is extended to May 29, 2026. 3. Plaintiff may have to and including May 22, 2026, to file the redacted versions of Dkts. #1 , #8 , #10 , #11 , #22 , and #25 . SO ORDERED by Judge S. Kato Crews on 5/11/2026. Text Only Entry (skclc1)
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| Filing 83 RESPONSE to #82 Second MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Preliminary Injunction and Stay or Extend other Deadlines filed by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Scott, Jessica) |
| Filing 82 Second MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Preliminary Injunction and Stay or Extend other Deadlines by Plaintiff Everett Ben Martinez. (Attachments: #1 Proposed Order (PDF Only) Granting Second Emergency Motion for Extension)(Sobel, Andrea) |
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Filing 81
ORDER This matter is before the Court on #77 Verified Emergency Motion for Extension of Time for Certain Deadlines and Stay of Proceedings for Certain Deadlines. The Motion is STRICKEN for failure to appropriately confer. By Judge S. Kato Crews on 5/11/2026.(skcja, )
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| Filing 80 RESTRICTED TRANSCRIPT of SEALED Motion Hearing Vol. Ia proceedings held on 05/04/2026 before Magistrate Judge Starnella. Pages: 1-25. (mstra, ) |
| Filing 79 TRANSCRIPT of Motion Hearing Vol. I held on 05/04/2026 before Magistrate Judge Starnella. Pages: 1-72. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mstra, ) |
| Filing 78 RESPONSE to #77 MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Preliminary Injunction and Other Deadlines filed by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Scott, Jessica) |
| Filing 77 STRICKEN- MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Preliminary Injunction and Other Deadlines by Plaintiff Everett Ben Martinez. (Attachments: #1 Proposed Order (PDF Only) Granting Verified Emergency Motion for Extension)(Sobel, Andrea) Modified on 5/11/2026 per 81 (skcja, ). |
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Filing 75
PROTECTIVE ORDER Regarding Attorney-Client Protected Information. The Court, having reviewed Defendants' Motion for Protective Order and to Seal (Dkt. No. #44 , filed Apr. 10, 2026) and the associated briefing, having held a hearing on the Motion on May 4, 2026, and being fully advised herein, GRANTS said motion for reasons stated on the record. Entered by Magistrate Judge Kathryn A. Starnella on 5/5/2026.(anewt,) Modified on 5/5/2026 to correct text (anewt,).
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| Filing 76 COURTROOM MINUTES for Motion Hearing held before Magistrate Judge Kathryn A. Starnella on 5/4/2026. Granting #44 Defendants' Motion for Entry of Protective Order and to Seal Certain Previously-Filed Documents. The Court grants Defendants' request for attorneys' fees and imposes them jointly and severally on Plaintiff and Plaintiff's counsel. FTR: Courtroom A501. (ebuch) (Main Document 76 replaced on 5/6/2026) (lgale, ). |
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Filing 74
ORDER. Accordingly, the Court grants the Motion [#51 ] to the extent it seeks leave to provisionally file Motion for Protective Order briefing and supporting materials under Level 1 restriction. The Court will reassess the restriction's propriety when it adjudicates Defendants' Motion for Protective Order [#44 ]. Accordingly, the Court denies the Motion [#51 ] to the extent it seeks to completely and preemptively close the courtroom and to restrict public access to the May 4, 2026 hearing on Defendants' Motion for Entry of Protective Order and to Seal Certain Previously-Filed Documents [#44 ]. Based on the foregoing, IT IS HEREBY ORDERED that the Motion [#51 ] is granted in part and denied in part. Entered by Magistrate Judge Kathryn A. Starnella on 4/30/2026. (anewt,)
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| Filing 73 REPLY to Response to #51 Unopposed MOTION for Leave to Restrict Defendants' Reply in Support of Motion to Provisionally Close Hearing on Their Motion for Protective Order filed by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Exhibit A-Conferral w Proposed Motion and Order, #2 Exhibit B-Additional Conferral)(Scott, Jessica) |
| Filing 72 RESTRICTED DOCUMENT - Level 1: Response to Defts Motion to Close Hearing by Plaintiff Everett Ben Martinez.. (Attachments: #1 Exhibit EXHIBIT 1 - FRE 1006 Summary of Email Correspondence, #2 Exhibit EXHIBIT 2 - Attorney Email Correspondence)(Sobel, Andrea) |
| Filing 71 MINUTE ENTRY for Status Conference held before Magistrate Judge Kathryn A. Starnella on 4/28/2026. FTR: KAS Courtroom A501. (lgale, ) |
| Filing 70 Defendants' Opposition to 31 MOTION for Preliminary Injunction filed by Defendants Michiko Brown, Michiko (I) Brown, City and County of Denver, Nicole Doheny, Nicole (I) Doheny, Jeff Dolan, Jeff (I) Dolan. (Public entry for restricted document #69 Filed on 4/27/26) Text Only Entry (ggill, ) |
| Filing 69 RESTRICTED DOCUMENT - Level 1: Defendants Opposition To Plaintiffs Motion For Preliminary Injunction (Dkt. 25) by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan.. (Attachments: #1 Exhibit A - Brown Decl. III, #2 Exhibit B - McLoughlin Decl., #3 Exhibit C - Suppl. Smith Decl., #4 Exhibit D - Steinberger Decl. III)(Scott, Jessica) |
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Filing 68
ORDER by Magistrate Judge Kathryn A. Starnella on 4/27/26. This matter is before the Court on Plaintiff's Motion for Leave to File Amended Response to Defendants' Motion for Protective Order and Motion to Seal [#58] Public Entry [#61]. Plaintiff filed this Motion on April 22, 2026, four days after he filed his original response brief, see [#53], and about four hours before Defendants filed their Reply [#59]. The Certificate of Conferral in Plaintiff's Motion reveals a breakdown in conferral efforts due to Plaintiff's counsel's unwillingness to share redlined and clean versions of the motion prior to filing. The explanation provided is a non-explanation. It suggests gamesmanship, which the Court will neither condone nor tolerate. The failure to adequately confer is a sufficient basis to deny the Motion. But the Motion is also denied because it will unduly prejudice Defendants who will need to file a new reply brief to respond to what is essentially a rewrite. Allowing a new reply will delay proceedings. The articulated need for Plaintiff's rewriteto provide the Court and Defendants with an accurate briefis an inadequate reason for delay when Plaintiff fails to explain why his first filing did not contain correct factual contentions or record citations. Because Plaintiff fails to satisfy the factors articulated in Livingston v. University of Kansas Hospital Authority, 844 F. Appx 82, 84 (10th Cir. 2021), the Motion [#58] Public Entry [#61] is DENIED. The proposed Amended Response [#58-1, #58-2] is STRICKEN. Text Only Entry(lgale, ) Modified on 4/28/2026 to correct typo (lgale, ).
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Filing 67
ORDER granting #66 Unopposed Motion for Leave to File Excess Pages. Regarding the pending Motion for Preliminary Injunction, Defendants' response shall not exceed 18 pages and Plaintiff's reply shall not exceed 13 pages. By Judge S. Kato Crews on 4/27/2026. Text Only Entry(skcja, )
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| Filing 66 Unopposed MOTION for Leave to File Excess Pages by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Proposed Order (PDF Only) Granting Defendants' Motion Requesting Page-Limit Extensions for Their Opposition and for Plaintiff's Reply to Plaintiff's Motion for Preliminary Injunction)(Chapple, Hannah) |
| Filing 65 MEMORANDUM regarding #64 Unopposed MOTION for Leave to Restrict filed by City and County of Denver, Michiko Brown, Nicole Doheny, Jeff Dolan. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/27/2026. Text Only Entry (skcja, ) |
| Filing 64 Unopposed MOTION for Leave to Restrict re: #59 & #60 by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Proposed Order (PDF Only) Granting Unopposed Motion to File Under Seal)(Chapple, Hannah) Modified on 4/27/2026 to add linkage (ggill, ). |
| Filing 63 NOTICE of Entry of Appearance of Macy J. Mize-Martinez by Macy J. Mize-Martinez on behalf of Michiko Brown, City and County of Denver, Nicole Doheny, Jeff DolanAttorney Macy J. Mize-Martinez added to party Michiko Brown(pty:dft), Attorney Macy J. Mize-Martinez added to party City and County of Denver(pty:dft), Attorney Macy J. Mize-Martinez added to party Nicole Doheny(pty:dft), Attorney Macy J. Mize-Martinez added to party Jeff Dolan(pty:dft) (Mize-Martinez, Macy) |
| Filing 62 MEMORANDUM regarding 61 MOTION for Leave to filed by Everett Ben Martinez. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/25/2026. Text Only Entry (skcja, ) |
| Filing 60 RESPONSE to #58 Restricted Document - Level 1, Defendants Response In Opposition To Plaintiffs Motion For Leave To File Amended Response To Defendants Motion For Protective Order And Motion To Seal by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Exhibit A - Extension of Time for Response and Reply - updated, #2 Exhibit B - Monday Conferral Letters - updated, #3 Exhibit C - First Wednesday Conferral Letters, #4 Exhibit D - Wednesday Final Conferral - updated)(Chapple, Hannah) |
| Filing 61 MOTION for Leave to Amend Response to Deft Motion for Protective Order and Sealing, by Plaintiff Everett Ben Martinez. (Public entry for #58 Restricted Document ). Text Only Entry. (sphil, ) |
| Filing 59 RESTRICTED DOCUMENT - Level 1: Defendants Reply In Support Of Motion For Entry Of Protective Order And To Seal Previously-Filed Documents by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan.. (Attachments: #1 Exhibit Q - Declaration of David Mackey, #2 Exhibit R - 04-03-26 Email from Scott to Murray, #3 Exhibit S - Steinberger Supplemental Declaration - April 22 2026, #4 Exhibit T - Suppl Declaration for M. Brown (04-22-26), #5 Exhibit U - Declaration of TJ Roskelley (Signed w_Exs. 04-21-26), #6 Exhibit V - Supp. Declaration of J. Gleason (Final 04-22-26), #7 Exhibit W - Letter from Scott to Murray re Communicating with Outside Counsel for the City (04-18-26))(Scott, Jessica) |
| Filing 58 RESTRICTED DOCUMENT - Level 1: Motion for Leave to Amend Response to Deft Motion for Protective Order and Sealing by Plaintiff Everett Ben Martinez.. (Attachments: #1STRICKEN- Exhibit EX 1 Unmarked Amended Response, #2 STRICKEN- Exhibit EX 2 Marked Amended Response, #3 Exhibit EX. 2A to Response Everett Supplemental Declaration Signed, #4 Exhibit EX. 6A to Response Kwali M Farbes Declaration)(Sobel, Andrea) Modified on 4/27/2026 to note #58-1 and #58-2 are STRICKEN (lgale, ). |
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Filing 57
MINUTE ORDER. IT IS HEREBY ORDERED that a Status Conference is SET for April 28, 2026, at 9:00 a.m. by VTC. The parties shall utilize the following meeting instructions. Entered by Magistrate Judge Kathryn A. Starnella on 4/22/2026. (anewt,)
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Filing 56
MINUTE ORDER re: #55 Notice (Other) filed by Everett Ben Martinez. Pursuant to the Uniform Practice Standards, to which this Court is a signatory, a Notice of Supplemental Authorities may only be used to notify the Court of NEW legal authorities. To be sure, it specifically states, "A Notice of Supplemental Authority may not be used to identify legal authority available at the time of the original filings of the papers." Plaintiff's notice admits that his supplement will not include new cases and will only include those he believes are useful to the Court. This directly violates the Uniform Practice Standards. Plaintiff SHALL NOT file any notice of supplemental authorities if it does not contain only new cases. Furthermore, it is not necessary to file a notice of one's intent to file a motion. This unnecessarily muddies the docket, and the parties should refrain from doing so in the future. SO ORDERED by Judge S. Kato Crews on 4/21/2026. Text Only Entry (skclc1)
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| Filing 55 NOTICE of Intent to File Two Motions by Plaintiff Everett Ben Martinez (Murray, Steven) |
| Filing 54 RESTRICTED DOCUMENT - Level 1: Exhibits to Plaintiff's Response to Motion for Protective Order and Sealing by Plaintiff Everett Ben Martinez.. (Attachments: #1 Exhibit Exhibit 1 April 4 Martinez Declaration, #2 Exhibit Exhibit 2 Martinez Supplemental Declaration, #3 Exhibit Exhibit 3 Feb 20 Attorney Letter, #4 Exhibit Exhibit 4 March 9 Attorney Letter, #5 Exhibit Exhibit 5 March 9 Attorney Position Statement, #6 Exhibit Exhibit 6 Kwali M Farbes Declaration, #7 Exhibit Exhibit 7A Privilege Chart, #8 Affidavit Attachment A Plaintiff's Counsel AI Certification)(Sobel, Andrea) |
| Filing 53 RESTRICTED DOCUMENT - Level 1: Response to Defts Motion Protective Order and Sealing by Plaintiff Everett Ben Martinez.. (Sobel, Andrea) |
| Filing 52 MEMORANDUM regarding #51 Unopposed MOTION for Leave to Restrict filed by City and County of Denver, Michiko Brown, Nicole Doheny, Jeff Dolan. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/17/2026. Text Only Entry (skcja, ) |
| Filing 51 Unopposed MOTION for Leave to Restrict by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Proposed Order (PDF Only) Granting Defendants' Unopposed Motion to File Further Briefing on Defendants' Motion for Protective Order)(Scott, Jessica) |
| Filing 50 MOTION for Protective Order and To Seal Certain Previously-Filed Documents [Filing Redacted Version of Dkt. No. 44, Pursuant to Dkt. No. 43] by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Chart of Key Players (04-10-26), #2 Exhibit A - ECF 001 - Complaint Highlighted for Conferral (04-02-26)_Redacted, #3 Exhibit B - ECF 008 - Notice of Amended Complaint Highlighted for Conferral (04-02-26)_Redacted, #4 Exhibit C - ECF 010 - Amended Complaint Highlighted for Conferral (04-03-26)_Redacted, #5 Exhibit D - ECF 11 - Plaintiff's Motion for TRO Highlighted for Conferral (04-07-26)_Redacted, #6 Exhibit E - Declaration of C. Torres (Signed 04-10-26), #7 Exhibit F - Declaration of K. Bronson (Signed 04-08-26)_Redacted, #8 Exhibit G - Declaration of K. Smith (w-Exs.)(Signed 04-09-26)_Redacted, #9 Exhibit H - Declaration of P. Washington (Signed 04-07-26), #10 Exhibit I - Declaration of M. Brown (w-Exs.) (Signed 04-09-26)_Redacted, #11 Exhibit J - Declaration of J. Gleason (w-Exs.) (Signed 04-09-26), #12 Exhibit K - Declaration of D. Steinberger (w-Exs.) (Signed 04-08-26)_Redacted, #13 Exhibit L - Declaration of K. Cain (w-Exs.) (Signed 04-08-26)_Redacted, #14 Exhibit M - Declaration of M. Meleandez (Signed 04-07-26), #15 Exhibit N - Declaration of M. Biel (w-Exs.) (Signed 04-08-26)_Redacted, #16 Exhibit O - Declaration of J. Dolan (w-Exs.) (Signed 04-08-26)_Redacted, #17 Exhibit P - Declaration of E. Garnett (Signed 04-09-26)_Redacted)(Scott, Jessica) Modified on 4/15/2026 to remove gavel, public entry for 44 (skcja, ). |
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Filing 49
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 14 April 2026. IT IS HEREBY ORDERED that the Motion [#47 ] is GRANTED. Plaintiff shall file his Response to Defendants' Motion for Protective Order and to Seal Certain Previously-Filed Documents [#44 ] no later than April 17, 2026. Defendants shall file their Reply no later than April 22, 2026. IT IS FURTHER ORDERED that Defendants' Motion for Protective Order and to Seal Certain Previously-Filed Documents [#44 ] is accepted at twenty pages in length. IT IS FURTHER ORDERED that Plaintiff may file a Response to Defendants Motion for Protective Order and to Seal Certain Previously-Filed Documents [#44 ] that does not exceed twenty pages excluding the signature block and certificate of service. (anewt,)
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Filing 48
MEMORANDUM regarding #47 Joint MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Protective Order and Leave for Excess Pages filed by Everett Ben Martinez. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/14/2026. Text Only Entry (skcja, )
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| Filing 47 Joint MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Protective Order and Leave for Excess Pages by Plaintiff Everett Ben Martinez. (Sobel, Andrea) |
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Filing 46
MEMORANDUM regarding 45 MOTION for Protective Order filed by City and County of Denver, Michiko Brown, Nicole (I) Doheny, Jeff (I) Dolan, Michiko (I) Brown, Nicole Doheny, Jeff Dolan. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/13/2026. Text Only Entry (skcja, )
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| Filing 45 DEFENDANTS' MOTION for Entry of Protective Order and to Seal Certain Previously-Filed Documents by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. [Public entry for restricted motion #44 ]. Text Only Entry. (agryan) |
| Filing 44 RESTRICTED DOCUMENT - Level 1: Defendants Motion For Entry Of Protective Order And To Seal Certain Previously-Filed Documents by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan.. (Attachments: #1 Chart of Key Players (04-10-26), #2 Exhibit A - ECF 001 - Complaint Highlighted for Conferral (04-02-26), #3 Exhibit B - ECF 008 - Notice of Amended Complaint Highlighted for Conferral (04-02-26), #4 Exhibit C - ECF 010 - Amended Complaint Highlighted for Conferral (04-03-26), #5 Exhibit D - ECF 11 - Plaintiff's Motion for TRO Highlighted for Conferral (04-07-26) reduced, #6 Exhibit E - Declaration of C. Torres (Signed 04-10-26), #7 Exhibit F - Declaration of K. Bronson (Signed 04-08-26), #8 Exhibit G - Declaration of K. Smith (w-Exs.)(Signed 04-09-26), #9 Exhibit H - Declaration of P. Washington (Signed 04-07-26), #10 Exhibit I - Declaration of M. Brown (w-Exs.) (Signed 04-09-26), #11 Exhibit J - Declaration of J. Gleason (w-Exs.) (Signed 04-09-26), #12 Exhibit K - Declaration of D. Steinberger (w-Exs.) (Signed 04-08-26) reduced, #13 Exhibit L - Declaration of K. Cain (w-Exs.) (Signed 04-08-26), #14 Exhibit M - Declaration of M. Meleandez (Signed 04-07-26), #15 Exhibit N - Declaration of M. Biel (w-Exs.) (Signed 04-08-26), #16 Exhibit O - Declaration of J. Dolan (w-Exs.) (Signed 04-08-26), #17 Exhibit P - Declaration of E. Garnett (Signed 04-09-26))(Scott, Jessica) |
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Filing 43
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 10 April 2026. This matter is before the Court on Defendants' Motion to File Their Unopposed Motion for Protective Order and Attached Exhibits Under Seal (the "Motion") [#41 ]. For good cause shown, IT IS HEREBY ORDERED that the Motion [#41 ] is GRANTED in part. Defendants may file their Motion for Protective Order and attached exhibits under Level 1 restriction, but they remain obligated to comply with D.C.COLO.LCivR 7.2 procedures regarding filing documents under restriction.(echa, )
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Filing 42
MEMORANDUM regarding #41 MOTION for Leave to File their Unopposed Motion for Protective Order and Attached Exhibits Under Seal filed by City and County of Denver, Michiko Brown, Nicole Doheny, Jeff Dolan. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/10/2026. Text Only Entry (skcja, )
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| Filing 41 MOTION for Leave to File their Unopposed Motion for Protective Order and Attached Exhibits Under Seal by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Proposed Order (PDF Only) Proposed Order to File Under Seal Defendants' Motion for Protective Order)(Scott, Jessica) |
| Filing 40 WAIVER OF SERVICE Returned Executed by Everett Ben Martinez. Nicole Doheny waiver sent on 4/8/2026, answer due 6/8/2026; Nicole (I) Doheny waiver sent on 4/8/2026, answer due 6/8/2026. (Armitage, Brandon) |
| Filing 39 WAIVER OF SERVICE Returned Executed by Everett Ben Martinez. Michiko Brown waiver sent on 4/8/2026, answer due 6/8/2026; Michiko (I) Brown waiver sent on 4/8/2026, answer due 6/8/2026. (Armitage, Brandon) |
| Filing 38 WAIVER OF SERVICE Returned Executed by Everett Ben Martinez. Jeff Dolan waiver sent on 4/8/2026, answer due 6/8/2026; Jeff (I) Dolan waiver sent on 4/8/2026, answer due 6/8/2026. (Armitage, Brandon) |
| Filing 37 WAIVER OF SERVICE Returned Executed by Everett Ben Martinez. City and County of Denver waiver sent on 4/8/2026, answer due 6/8/2026. (Armitage, Brandon) |
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Filing 36
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 9 April 2026. IT IS HEREBY ORDERED that the Motion [#34 ] is GRANTED. The Motion Hearing on Defendant's Motion for Protective Order, filed no later than April 10, 2026, is reset to Monday, May 4, 2026, at 1:30 p.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Parties and/or attorneys located outside the Denver metropolitan area or who cannot reasonably make a personal appearance at a court hearing may request to appear by telephone or by videoconference by emailing [email protected]. (anewt, )
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Filing 35
MEMORANDUM regarding #34 MOTION to Reset The Motion Hearing Date On Defendants Motion For Protective Order filed by City and County of Denver, Michiko Brown, Nicole Doheny, Jeff Dolan. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/9/2026. Text Only Entry (skcja, )
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| Filing 34 MOTION to Reset The Motion Hearing Date On Defendants Motion For Protective Order by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Proposed Order (PDF Only))(Scott, Jessica) |
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Filing 33
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 8 April 2026. IT IS HEREBY ORDERED that a briefing schedule applies in this case as follows: Defendants' Motion for Protective Order/Seal: April 10, 2026 Plaintiff's Response: April 15, 2026 Defendant's Reply: April 20, 2026 IT IS FURTHER ORDERED that a Motion Hearing is scheduled for April 24, 2026, at 10:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Parties and/or attorneys located outside the Denver metropolitan area or who cannot reasonably make a personal appearance at a court hearing may request to appear by telephone or by videoconference. (anewt,)
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Filing 29
ORDER: In their #27 MOTION for Extension of Time to File Answer, Defendants' Counsel states Defendants have not yet been served properly despite Counsel's offer to accept and waive service. The Court understands Plaintiff's sense of urgency in this case, but that urgency cannot come at the expense of complying with the Federal Rules of Civil Procedure, the Local Rules, or this Court's Practice Standards. All parties must take care that in their efforts toward zealous advocacy, they do not inappropriately cut corners or skirt the rules. IT IS ORDERED on or before the close of business on April 9, 2026, Plaintiff shall send to Defendants the appropriate waivers of service or shall complete service as is required under the Federal Rules of Civil Procedure. SO ORDERED by Judge S. Kato Crews on 4/7/2026. Text Only Entry (skclc1)
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Filing 28
ORDER: Pursuant to Federal Rule of Civil Procedure 1, both the Court and the Parties have an obligation to ensure the just, speedy, and inexpensive determination of every action and proceeding. In this case, the Court has before it both a Motion for Temporary Restraining Order and a Motion for Preliminary Injunction seeking the exact same relief. Such a posture will result in largely duplicative briefing from the parties and may require multiple hearing and orders on the part of the Court. This is the antithesis of inexpensive or speedy. To be sure, in their Motion requesting additional time to respond to the pending Motion for Temporary Restraining Order, Defendants' state that they offered to keep Plaintiff on paid investigatory leave pending the resolution of Plaintiff's request for a preliminary injunction. Defendants contend this offer could largely obviate the need for a temporary restraining order. In light of this offer, and despite Plaintiff's desire to be placed on paid administrative leave as opposed to investigatory leave, the Court agrees that addressing both Motions would needlessly multiply these proceedings. Consequently, in keeping with its obligations under Fed. R. Civ. P. 1, IT IS ORDERED that Plaintiff's Motion for Temporary Restraining Order #22 is DENIED WITHOUT PREJUDICE and his companion Motion for a Hearing #26 is DENIED AS MOOT. On or before the close of business on April 27, 2026, Defendants shall file their Response to the Motion for Preliminary Injunction. Plaintiff may have to and including May 11, 2026, to file his Reply. After the Court reviews the briefing on this matter is will either set a hearing or issue a ruling on the papers. IT IS FURTHER ORDERED Defendants SHALL maintain Plaintiff's paid leave status pending a ruling on the Motion for Preliminary Injunction. SO ORDERED by Judge S. Kato Crews on 4/7/2026. Text Only Entry (skclc1)
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| Filing 32 Plaintiff's Motion for Hearing on Plaintiff's Motion for Temporary Restraining Order, by Plaintiff Everett Ben Martinez. (Public Entry to #26 Restricted Document Level 1) Text Only Entry. (angar, ) |
| Filing 31 Plaintiff's Motion for Preliminary Injunction, by Plaintiff Everett Ben Martinez. (Public version to #25 Restricted Level 1) Text Only Entry. (angar, ) |
| Filing 27 MOTION for Extension of Time to File Answer or Otherwise Respond re #22 Restricted Document - Level 1,,, Defendants Motion Requesting Time To Respond To Plaintiffs Motion For Temporary Restraining Order by Defendants Michiko Brown, City and County of Denver, Nicole Doheny, Jeff Dolan. (Attachments: #1 Exhibit A - Emails with Scott and Murray (04-02-26), #2 Exhibit B - Emails with Scott and Murray (04-03-26))(Scott, Jessica) |
| Filing 26 RESTRICTED DOCUMENT - Level 1: Plaintiff's Motion for Hearing on Plaintiff's Motion for Temporary Restraining Order by Plaintiff Everett Ben Martinez.. (Murray, Steven) |
| Filing 25 RESTRICTED DOCUMENT - Level 1: Plaintiff's Motion for Preliminary Injunction by Plaintiff Everett Ben Martinez.. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit Ex. 1 - Martinez Declaration, #3 Exhibit Ex. 2 - OHR Complaint, #4 Exhibit Ex. 3 - Feb. 20 Attorney Letter, #5 Exhibit Ex. 4 - March 9 Attorney Letter, #6 Exhibit Ex. 5 - March 9 Attorney Position Statement, #7 Exhibit Ex. 6 - March 19 Investigative Leave Letter, #8 Exhibit Ex. 7 - March 23 Investigative Leave Letter r, #9 Exhibit Ex. 8 - City's Damaging Statements, #10 Exhibit Ex. 9 - Pay Raise Recommendation, #11 Exhibit Ex. 10 - Emails re: Pay Raise, #12 Exhibit Ex. 11 - Performance Evaluation, #13 Exhibit Ex. 12 - General Counsel Job Announcement)(Murray, Steven) |
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Filing 24
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 6 April 2026. IT IS HEREBY ORDERED that the Motion [#20 ] is DENIED as moot. (anewt,)
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| Filing 23 MEMORANDUM regarding #21 Amended MOTION for Leave to Restrict filed by Everett Ben Martinez and #20 Joint MOTION for Leave to Restrict filed by Everett Ben Martinez. Motions referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 4/6/2026. Text Only Entry (skcja, ) |
| Filing 30 Plaintiff's Motion for Temporary Restraining Order, by Plaintiff Everett Ben Martinez. (Public version to #22 Restricted Level 1) Text Only Entry. (angar, ) |
| Filing 22 RESTRICTED DOCUMENT - Level 1: Plaintiff's Motion for Temporary Restraining Order by Plaintiff Everett Ben Martinez.. (Attachments: #1 Proposed Order (PDF Only) Granting TRO Motion, #2 Exhibit EX 1 - Martinez Declaration, #3 Exhibit EX 2 - OHR Complaint, #4 Exhibit EX 3 - Feb 20 Attorney Letter, #5 Exhibit EX 4 - March 9 Attorney Letter, #6 Exhibit EX 5 - March 9 Attorney Position Statement, #7 Exhibit EX 6 - March 19 Investigative Leave Notice, #8 Exhibit EX 7 - March 23 Investigative Leave Notice, #9 Exhibit EX 8 - City's Damaging Statements, #10 Exhibit EX 9 - Pay Raise Recommendation, #11 Exhibit EX 10 - Emails Re Pay Raise, #12 Exhibit EX 11 - Performance Evaluation, #13 Exhibit EX 12 - General Counsel Job Announcement)(Sobel, Andrea) |
| Filing 21 Amended MOTION for Leave to Restrict by Plaintiff Everett Ben Martinez. (Attachments: #1 Proposed Order (PDF Only) Amended Proposed Order)(Murray, Steven) |
| Filing 20 Joint MOTION for Leave to Restrict by Plaintiff Everett Ben Martinez. (Attachments: #1 Proposed Order (PDF Only))(Murray, Steven) |
| Filing 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #14 Notice of Entry of Appearance,, filed by attorney Hannah P. Chapple. The s/signature did not match the filer name on the account for which the login and password are registered. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) |
| Filing 18 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
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Filing 17
Under this Court's Standing Order regarding Civil Cases, all parties are required to confer prior to the filing of any motion. Specifically, "[t]he duty to meet and confer requires the parties to discuss the specific dispute at issue and the requested relief, preferably by telephone or an in-person or virtual 'face-to-face,' and not solely through email or written correspondence, and provide opposing counsel a reasonable amount of time to respond prior to filing a motion." SKC Standing Order Civ C.1. And the moving party must certify that he has done so. Id. Although Plaintiff's counsel appears to have previously communicated with counsel for Defendants, the present motion contains no such certification. In addition, this Court also requires parties to submit a certification regarding any use of artificial intelligence in the drafting of the motion. Id. C.2. Again, the present motion is lacking. The Court further requires all filings to be in Century Schoolbook 12-point font, including footnotes. Id. C.3. It would appear Plaintiff has also erred in this regard.Finally, with respect to notice, Federal Rule of Civil Procedure 65(b)(1)(B) requires, when a party seeks a temporary restraining order without notice to the other party, the moving party must certify in writing any efforts made to give notice and the reasons why it should not be required. Although the present motion states it will provide notice to the defendants, it does not explain what steps Plaintiff took, if any, to give notice to Defendants prior to filing this motion, nor does it contain any discussion of why notice should not be required. Because of the foregoing deficiencies, the Motion for Temporary Restraining Order #11 is STRICKEN. SO ORDERED by Judge S. Kato Crews on 3/31/2026. Text Only Entry (skclc1)
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| Filing 16 NOTICE of Entry of Appearance by Brandon Armitage on behalf of Everett Ben MartinezAttorney Brandon Armitage added to party Everett Ben Martinez(pty:pla) (Armitage, Brandon) |
| Filing 15 NOTICE of Entry of Appearance by Andrea F. Sobel on behalf of Everett Ben MartinezAttorney Andrea F. Sobel added to party Everett Ben Martinez(pty:pla) (Sobel, Andrea) |
| Filing 14 NOTICE of Entry of Appearance by Hannah P. Chapple on behalf of All Defendants Attorney Hannah P. Chapple added to party Michiko Brown(pty:dft), Attorney Hannah P. Chapple added to party Michiko (I) Brown(pty:dft), Attorney Hannah P. Chapple added to party City and County of Denver(pty:dft), Attorney Hannah P. Chapple added to party Nicole Doheny(pty:dft), Attorney Hannah P. Chapple added to party Nicole (I) Doheny(pty:dft), Attorney Hannah P. Chapple added to party Jeff Dolan(pty:dft), Attorney Hannah P. Chapple added to party Jeff (I) Dolan(pty:dft) (Chapple, Hannah) |
| Filing 13 NOTICE of Entry of Appearance by Jessica Goneau Scott on behalf of All Defendants Attorney Jessica Goneau Scott added to party Michiko Brown(pty:dft), Attorney Jessica Goneau Scott added to party Michiko (I) Brown(pty:dft), Attorney Jessica Goneau Scott added to party City and County of Denver(pty:dft), Attorney Jessica Goneau Scott added to party Nicole Doheny(pty:dft), Attorney Jessica Goneau Scott added to party Nicole (I) Doheny(pty:dft), Attorney Jessica Goneau Scott added to party Jeff Dolan(pty:dft), Attorney Jessica Goneau Scott added to party Jeff (I) Dolan(pty:dft) (Scott, Jessica) |
| Filing 12 SUMMONS REQUEST as to City and County of Denver; Jeff Dolan; Miko Brown; Nicole Doheny by Plaintiff Everett Ben Martinez. (Attachments: #1 Summons Re: Jeff Dolan, #2 Summons Re: Miko Brown, #3 Summons Re: Nicole Doheny)(Murray, Steven) |
| Filing 11 STRICKEN- MOTION for Temporary Restraining Order by Plaintiff Everett Ben Martinez. (Attachments: #1 Exhibit Declaration Everett Martinez, #2 Exhibit OHR Complaint, #3 Exhibit Feb. 20 Attorney Letter, #4 Exhibit March 9 Attorney Letter, #5 Exhibit March 9 Attorney Position Statement, #6 Exhibit March 19 Investigative Leave, #7 Exhibit March 23 Investigative Leave, #8 Exhibit City's Damaging Media Statements about Martinez, #9 Exhibit Pay Raise Recommendations, #10 Exhibit Emails re Pay Raise, #11 Exhibit Martinez Performance Evaluation ution, #12 Proposed Order (PDF Only) Order On Motion For Temporary Injunction)(Murray, Steven) Modified on 4/1/2026 to strike per 17 (skcja, ). Modified on 5/5/2026 to restrict pursuant to ECF #75 (anewt,). |
| Filing 10 AMENDED COMPLAINT Verified First Amended Complaint against Michiko Brown, Michiko (I) Brown, City and County of Denver, Nicole Doheny, Nicole (I) Doheny, Jeff Dolan, Jeff (I) Dolan, filed by Everett Ben Martinez.(Murray, Steven) Modified on 5/5/2026 to restrict pursuant to ECF #75 (anewt, ). |
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Filing 9
ORDER Plaintiff shall separately file a clean version of the Amended Complaint. By Judge S. Kato Crews on 3/24/2026. Text Only Entry (skcja, )
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| Filing 8 NOTICE of Filing Amended Pleading Verified First Amended Complaint by Plaintiff Everett Ben Martinez (Attachments: #1 Exhibit Ex. 1 Clean Verified Amended Complaint, #2 Exhibit Ex. 2 Marked Copy of Verified Amended)(Murray, Steven) Modified on 5/5/2026 to restrict pursuant to ECF #75 (anewt,). |
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Filing 7
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 20 March 2026. (agryan)
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Filing 6
ORDER Setting Scheduling/Planning Conference by Magistrate Judge Kathryn A. Starnella on 20 March 2026. A Scheduling/Planning Conference pursuant to Federal Rule of Civil Procedure 16(b) shall be held on June 17, 2026, commencing at 10:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. No later than seven (7) calendar days prior to the Scheduling/Planning Conference, counsel and pro se parties shall submit their proposed Scheduling Order in compliance with the Court's Electronic Case Filing Procedures, which are also available on the Court's website. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Scheduling Order, #3 Magistrate Judge Consent Form) (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 3/19/2026. Text Only Entry (skcja, ) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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 3/19/2026. Text Only Entry (skcja, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, ) |
| Filing 2 Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agarc, ) |
| Filing 1 COMPLAINT and Request for Jury Trial against Michiko Ando Brown, City and County of Denver, Nicole Doheny, Jeff Dolan (Filing fee $ 405,Receipt Number ACODC-10888394)Attorney Steven Lee Murray added to party Everett Martinez(pty:pla), filed by Everett Martinez. (Attachments: #1 Civil Cover Sheet)(Murray, Steven) Modified on 5/5/2026 to restrict pursuant to ECF #75 (anewt,). |
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