Stuart v. City of Westminster, Colorado et al
| Kyle Stuart |
| City of Westminster, Colorado, Mathew Neighart, James Wright, Chase Swearengen, Town of Erie, Colorado and Haili Shimko |
| 1:2026cv01457 |
| April 3, 2026 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 WAIVER OF SERVICE Returned Executed by Kyle Stuart. City of Westminster, Colorado waiver sent on 5/21/2026, answer due 7/20/2026. (Stuart, Kyle ) |
Filing 32
ORDER This matter is before the Court on Plaintiff's #30 Motion for Sanctions and Special Master. At this stage of the proceedings, Defendants have not yet been served, no responsive pleadings have been filed, and discovery has not commenced. The Court thus lacks an adequate factual record upon which to determine whether sanctions, spoliation findings, forensic examination, appointment of a Special Master, or adverse evidentiary inferences are warranted. Accordingly, the Court DENIES the Motion WITHOUT PREJUDICE as premature. Plaintiff may renew the request, if appropriate, after service has been completed and the parties have had an opportunity to conduct discovery in accordance with the Federal Rules of Civil Procedure. The parties are reminded of their obligation to preserve potentially relevant evidence pending resolution of this matter. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/27/2026. 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(stvlc6, )
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| Filing 31 MEMORANDUM regarding #30 Emergency MOTION for Sanctions and Special Master filed by Kyle Stuart. Motion referred to Magistrate Judge Scott T. Varholak, by Judge Philip A. Brimmer on 5/26/2026. Text Only Entry (pabsec, ) |
| Filing 30 Emergency MOTION for Sanctions and Special Master by Plaintiff Kyle Stuart. (Attachments: #1 Exhibit 1a. VM Transcript, #2 Exhibit Exbt 2. WPD Report naming Pererz, #3 Exhibit Exbt 3. WPD naming Hinrichs and Perez, #4 Exhibit Exhibit 4 Screenshot Westminster Records Portal)(Stuart, Kyle ) |
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Filing 29
ORDER denying Plaintiff's #20 Emergency Motion for Evidence Preservation. The parties are already subject to their obligations under applicable law and the Federal Rules of Civil Procedure to preserve relevant evidence. At this stage, Plaintiff has not demonstrated a sufficient basis for the extraordinary relief requested, including entry of preservation orders directed to nonparties or compelled testing of evidence outside the ordinary discovery process. Further, the statute cited with respect to third parties, 18 U.S.C. 2703, permits the Government to command the production of documents. Plaintiff is not the Government and he cites no basis that permits the application of that statute to the relief requested here. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/14/2026. 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. Text Only Entry(stvlc6, )
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Filing 28
ORDER Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 5/14/2026. Scheduling Conference set for 7/14/2026 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. 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 27 MEMORANDUM regarding #20 Emergency MOTION to Expedite Preservation of Evidence Motion filed by Kyle Stuart. Motion referred to Magistrate Judge Scott T. Varholak, by Judge Philip A. Brimmer on 5/13/2026. Text Only Entry (pabsec, ) |
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) 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 recommendation or informal request of the magistrate judge or 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, by Judge Philip A. Brimmer on 5/13/2026. Text Only Entry (pabsec, )
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| Filing 25 Letter from Clerk of Court re: Service of Process of #19 Amended Complaint. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Magistrate Judge Consent Form, #8 FRCP Rule 4) (echa, ) |
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Filing 24
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 5/13/2026. Plaintiff has filed pro se an Amended Complaint (ECF No. #19 ) and has paid the filing fee (ECF No. #21 ). 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 shall be drawn to a presiding judge and, if applicable, to a magistrate judge. (Case randomly reassigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-01457-PAB). 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 23
ORDER by Judge Lewis T. Babcock on 5/13/2026. It is ORDERED that Plaintiff's Objection (ECF Nos. #17 , #18 ) are denied. 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 22 SUMMONS issued by Clerk over the counter. (echa, ) |
| Filing 21 Filing Fee RECEIVED: $ 405.00, receipt number 117967. (echa, ) |
| Filing 20 Emergency MOTION to Expedite Preservation of Evidence Motion by Plaintiff Kyle Stuart. (Attachments: #1 Proposed Order (PDF Only))(Stuart, Kyle ) |
| Filing 19 AMENDED COMPLAINT (Comply w/ length limit) against City of Westminster, Colorado, Mathew Neighart, Haili Shimko, Chase Swearengen, Town of Erie, Colorado, James Wright, filed by Kyle Stuart.(Stuart, Kyle ) |
| Filing 18 MOTION to Clarify re #17 Objection Retraction of LEIA claims in appeal by Plaintiff Kyle Stuart. (Stuart, Kyle ) Modified on 4/22/2026 to correct title linkage(echa, ). |
| Filing 17 OBJECTION as to #14 Order,,, Objection to Amend Order by Plaintiff Kyle Stuart (Stuart, Kyle ) Modified on 4/22/2026 to correct event type and title (echa, ). |
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Filing 16
ORDER denying Motion, denying Motion, granting #5 Motion, granting #6 Motion, and denying #12 Motion by Judge Lewis T. Babcock on 4/20/2026. 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 for #15 Order]. (echa, ) Modified on 4/28/2026 to regenerate public entry. (echa, ).
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Filing 15
RESTRICTED DOCUMENT - Level 1: Order by Judge Lewis T. Babcock on 4/20/2026. (echa, ) Modified on 4/28/2026 to edit restriction level notation on document (echa, ).
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Filing 14
ORDER Directing Plaintiff to File Amended Complaint. It is ORDERED that Plaintiff file, within thirty (30) days from the date of this order, an Amended Complaint that complies with all directives contained in this order and does not exceed 30 pages. The only appropriate filing by Plaintiff at this time is an Amended Complaint. If Plaintiff fails to file an Amended Complaint that complies with this order within the time allowed, the action may be dismissed without further notice, by Magistrate Judge Richard T. Gurley on 4/17/2026. 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, ) Modified on 4/20/2026 to restrict per #15 Order (echa, ).
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Filing 13
ORDER Granting Plaintiff Leave to Proceed Under 28 U.S.C. 1915. It is ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #10 ) is GRANTED. It is FURTHER ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) (ECF No. #2 ) is DENIED as improperly filed, by Magistrate Judge Richard T. Gurley on 4/16/2026. 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 12 Emergency MOTION for Preliminary Injunction Proceed with cures submitted by Plaintiff Kyle Stuart. (Stuart, Kyle ) Modified on 4/20/2026 to restrict per #15 Order (echa, ). |
| Filing 11 AMENDED COMPLAINT (Address deficiency cured) against Kyle Stuart, filed by Kyle Stuart.(Stuart, Kyle ) Modified on 4/20/2026 to restrict per #15 Order(echa, ). |
| Filing 10 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Kyle Stuart. (Stuart, Kyle ) |
| Filing 9 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Kyle Stuart, sought and received e-filing privileges on 4/7/2026. 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 8
ORDER Directing Plaintiff to Cure Deficiencies. It is ORDERED that Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. If Plaintiff fails 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, by Magistrate Judge Richard T. Gurley 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. (echa, )
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| Filing 7 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (angar, ) |
| Filing 6 MOTION for Leave to Restrict Public Access to Court Records (Level 1), by Plaintiff Kyle Stuart. (angar, ) Modified on 4/20/2026 to restrict per #15 Order(echa, ). |
| Filing 5 MOTION to Restrict Public Access to Court Records, by Plaintiff Kyle Stuart. (angar, ) Modified on 4/20/2026 to restrict per #15 Order (echa, ). |
| Filing 4 RESTRICTED DOCUMENT - Level 2: by Plaintiff Kyle Stuart. (angar, ) |
| Filing 3 RESTRICTED DOCUMENT - Level 2: by Plaintiff Kyle Stuart. (angar, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form), by Plaintiff Kyle Stuart. (angar, ) |
| Filing 1 Civil COMPLAINT and Demand for Jury Trial against City of Westminster, Colorado, Mathew Neighart, Haili Shimko, Chase Swearengen, Town of Erie, Colorado, James Wright, filed by Kyle Stuart. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(angar, ) Modified on 4/20/2026 to restrict per #15 Order (echa, ). |
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