Bodek v. Yates et al
| Esther Bodek |
| Jessica Yates, Johana Barbara Jones, Tara Hana, Susan Perry-Slay and Abigail Stolfe |
| 1:2026cv01617 |
| April 15, 2026 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Gordon P Gallagher |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 56 Mail Returned as Undeliverable re: 44 Case Reassigned, 45 Order Referring Case to Magistrate Judge,,,,, Addressed to Esther Bodek. (Attachments: #1 Envelope) (echa, ) |
Filing 55
ORDER DENYING as moot all pending motions, ECF Nos. #16 , #18 , #20 , #39 pursuant to #54 Order and Recommendation Entered by Magistrate Judge Cyrus Y. Chung on 06/04/2026. 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 54
ORDER AND RECOMMENDATION of United States Magistrate Judge: The Court RECOMMENDS that the Order to Show Cause, ECF No. #42 , be made ABSOLUTE and the case be DISMISSED without prejudice pursuant to Fed. R. Civ. P. 16(f) and/or 41(b) and D.C.COLO.LCivR 41.1 based on the plaintiff's failure to prosecute, failure to update her address with the Clerk of the Court, and failure to comply with Court orders. Given that recommendation, it is hereby ORDERED that all pending motions, ECF Nos. #16 , #18 , #20 , and #39 , are DENIED as moot. Entered by Magistrate Judge Cyrus Y. Chung on 06/04/2026. [Copy of order mailed and e-mailed as ordered] 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 53 MINUTE ENTRY for Status Conference held on 6/2/2026 before Magistrate Judge Cyrus Y. Chung. FTR: C201. (spric) |
| Filing 52 NOTICE of Entry of Appearance Amended by Elizabeth K. Salinas-Van Orman on behalf of Tara Hana, Johana Barbara Jones, Susan Perry-Slay, Abigail Stolfe (Salinas-Van Orman, Elizabeth) |
| Filing 51 NOTICE of Entry of Appearance Limited by Thomas Melvin Rogers, III on behalf of Tara Hana, Johana Barbara Jones, Susan Perry-Slay, Abigail StolfeAttorney Thomas Melvin Rogers, III added to party Tara Hana(pty:dft), Attorney Thomas Melvin Rogers, III added to party Johana Barbara Jones(pty:dft), Attorney Thomas Melvin Rogers, III added to party Susan Perry-Slay(pty:dft), Attorney Thomas Melvin Rogers, III added to party Abigail Stolfe(pty:dft) (Rogers, Thomas) |
| Filing 50 NOTICE of Entry of Appearance by Elizabeth K. Salinas-Van Orman on behalf of Tara Hana, Johana Barbara Jones, Susan Perry-Slay, Abigail StolfeAttorney Elizabeth K. Salinas-Van Orman added to party Tara Hana(pty:dft), Attorney Elizabeth K. Salinas-Van Orman added to party Johana Barbara Jones(pty:dft), Attorney Elizabeth K. Salinas-Van Orman added to party Susan Perry-Slay(pty:dft), Attorney Elizabeth K. Salinas-Van Orman added to party Abigail Stolfe(pty:dft) (Salinas-Van Orman, Elizabeth) |
| Filing 49 NOTICE of Entry of Appearance Second Amended Notice of Limited Appearance by Linda Wong on behalf of Tara Hana, Johana Barbara Jones, Susan Perry-Slay, Abigail Stolfe (Wong, Linda) |
| Filing 48 MEMORANDUM regarding #16 MOTION Service of Process by US Marshals filed by Esther Bodek, #18 MOTION to Quash Service of Process filed by Jessica Yates, #20 MOTION to Quash filed by Tara Hana, Johana Barbara Jones, Susan Perry-Slay, and #39 Renewed MOTION to Quash Service of Process or, in the alternative, to Dismiss for Insufficient Service of Process filed by Jessica Yates. Motions referred to Magistrate Judge Cyrus Y. Chung by District Judge Gordon P Gallagher on 05/22/2026. 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 (dclem) |
| Filing 47 Mail Returned as Undeliverable re: 40 Minute Order,,,,,,,,,,, Addressed to Esther Bodek. (echa, ) |
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Filing 46
DISREGARD DUPLICATE ENTRY - FILED IN ERROR. ORDER REFERRING CASE to the assigned United States Magistrate Judge Cyrus Y. Chung. 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 specifically- referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored 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 District Judge Gordon P Gallagher on 5/20/2026. 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. (eluce) Modified on 5/20/2026 to disregard, duplicate entry filed (eluce, ).
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Filing 45
ORDER REFERRING CASE to the assigned United States Magistrate Judge Judge Cyrus Y. Chung. 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored 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 District Judge Gordon P. Gallagher on 5/20/2026. 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. (anewt,)
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| Filing 44 CASE REASSIGNED Pursuant to #42 Order. Deadline for filing the Magistrate Judge Consent Form has passed, so this case is randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-01617-GPG. (Text Only Entry) (echa, ) |
| Filing 43 CERTIFICATE of Service by E-mail and Certified Mail by Clerk of Court re #42 Order to Show Cause. (Attachments: #1 Certified Mail Receipts) (echa, ) |
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Filing 42
ORDER TO SHOW CAUSE: It is hereby ORDERED that, on or before June 1, 2026, the plaintiff shall SHOW CAUSE, in writing, why the Court should not dismiss her claims against the defendants without prejudice pursuant to D.C.COLO.LCivR 41.1 for failure to prosecute and failure to comply with a Court order. Entered by Magistrate Judge Cyrus Y. Chung on 5/20/2026. 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. (echa, )
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| Filing 41 Mail Returned as Undeliverable re: #33 Letter Addressed to Esther Bodek. (agryan) |
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Filing 40
MINUTE ORDER: This matter is before the Court sua sponte. On March 2, 2026 defendants Tara Hana, Johana Barbara Jones, Susan Perry-Slay filed a motion to quash service of process. ECF Nos. #20 , #21 . To date, the plaintiff has not filed a response. As such, the plaintiff must file her response on or before May 18, 2026. While the plaintiff proceeds pro se, she is an attorney, and as such, does not benefit from liberal construction of pro se pleadings. See, e.g., Tatten v. City & Cnty. of Denver, 730 F. App'x 620, 625 (10th Cir. 2018). Still, she is reminded that she comply with Court orders, the Local Rules of this District, and the Federal Rules of Civil Procedure. These rules are in place "to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. Accordingly, both the Local Rules and the Federal Rules of Civil Procedure provide mechanisms for addressing a party's failure to comply with them. Moreover, "[a] district court undoubtedly has discretion to sanction a party for failing to prosecute or defend a case, or for failing to comply with local or federal procedural rules." AdvantEdge Bus. Grp. v. Thomas E. Mestmaker & Assocs., Inc., 552 F.3d 1233, 1236 (10th Cir. 2009) (quotation marks omitted). A plaintiffs failure to diligently prosecute her case by failing to respond to motions, then, may lead to dismissal of the action. See Gripe v. City of Enid, 312 F.3d 1184, 1188 (10th Cir. 2002); Arakji v. Hess, No. 15-cv-00681-CMA-MJW, 2016 WL 759177, at *3 (D. Colo. Feb. 26, 2016) (dismissing case with prejudice for the plaintiff's failure to prosecute). In addition, the Court has received notice regarding mail sent to the plaintiff's address of record being returned. ECF No. #37 . The plaintiff is put on notice that D.C.COLO.LCivR 5.1(c), requires that "[n]otice of change of name, mailing address, or telephone number of an unrepresented prisoner or party shall be filed not later than five days after the change." The plaintiff must update her address on or before May 14, 2026. Accordingly, the plaintiff is put on notice that her failure to respond to defendants Tara Hana, Johana Barbara Jones, and Susan Perry-Slay's motion, and her failure to update her address, may result in the Court issuing an order to show cause as to why the case should not be dismissed for a failure to prosecute. Entered by Magistrate Judge Cyrus Y. Chung on 05/07/2026. 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 39 Renewed MOTION to Quash Service of Process or, in the alternative, to Dismiss for Insufficient Service of Process by Defendant Jessica Yates. (Attachments: #1 Exhibit A. E-mail conferral)(Vilner, Dmitry) |
| Filing 38 CERTIFICATE of Mailing by E-Mail by Clerk of Court re #35 Order,,,, 36 Order, to Esther Bodek at [email protected]. (agryan) |
| Filing 37 Mail Returned as Undeliverable re: #35 Order,,,, Addressed to Esther Bodek. (echa, ) |
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Filing 36
MINUTE ORDER: The Scheduling Conference set for June 2, 2026 at 10:15 is hereby converted to a Status Conference. No change in date and time. Entered by Magistrate Judge Cyrus Y. Chung on 4/28/2026. 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. Text Only Entry. (echa, )
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Filing 35
MINUTE ORDER: The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. #33 -6, on or before May 19, 2026. It is further ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference will be held before this Court on June 2, 2026 at 10:15 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. It is further ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than seven days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at #[email protected]. Entered by Magistrate Judge Cyrus Y. Chung on 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, )
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| Filing 34 NOTICE of Entry of Appearance Amended by Linda Wong on behalf of Tara Hana, Johana Barbara Jones, Susan Perry-Slay, Abigail Stolfe (Wong, Linda) |
| Filing 33 Letter from Clerk of Court re: Service of Process of #12 Amended Complaint. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Magistrate Judge Consent Form, #7 FRCP 4) (echa, ) |
| Filing 32 NOTICE of Entry of Appearance by Linda Wong on behalf of Tara Hana, Johana Barbara Jones, Susan Perry-Slay, Abigail Stolfe, Jessica YatesAttorney Linda Wong added to party Tara Hana(pty:dft), Attorney Linda Wong added to party Johana Barbara Jones(pty:dft), Attorney Linda Wong added to party Susan Perry-Slay(pty:dft), Attorney Linda Wong added to party Abigail Stolfe(pty:dft), Attorney Linda Wong added to party Jessica Yates(pty:dft) (Wong, Linda) |
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Filing 31
ORDER DRAWING CASE by Magistrate Judge Richard T. Gurley on 4/16/2026. After review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that this case does not appear 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 Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings should be designated as 26-cv-01617-CYC). 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 30 Case assigned to Magistrate Judge Richard T. Gurley. Text Only Entry (eguth, ) |
| Filing 29 Case transferred in from District of Texas Northern; Case Number 2:25-cv-00214. File, transfer order and docket sheet received |
| Filing 28 Plaintiff's Response to #18 Defendant's Motion to Quash Service of Process filed by Esther Bodek. ***FILED USING EMERGENCY FILING EMAIL*** (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (cea) [Transferred from Texas Northern on 4/15/2026.] |
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Filing 27
ORDER Transferring to Another District: Case transferred to Division of District of Colorado. This case is stayed for 21 days pursuant to LR 62.2, clerk to calendar a reminder to transfer the case when the 21-day stay has elapsed. (Ordered by Judge Matthew J. Kacsmaryk on 3/23/2026) (awc) [Transferred from Texas Northern on 4/15/2026.]
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| Filing 26 Certificate Regarding Judge-Specific Requirements. (Estes, Madison) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 25 Certificate Regarding Judge-Specific Requirements. (Estes, Madison) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 24 Certificate Regarding Judge-Specific Requirements. (Estes, Madison) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 23 (Document Restricted) Sealed Response to Order re: #22 Order Setting Deadline filed by Esther Bodek.(Notice: Any required service of this document is the responsibility of the filer.) (ars) [Transferred from Texas Northern on 4/15/2026.] |
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Filing 22
ORDER: Plaintiff is ORDERED to respond to the Motion no later than March 23, 2026. Plaintiff is further ORDERED to file proof of current residence within the Amarillo Division of the Northern District of Texas by the same date. (Ordered by Judge Matthew J. Kacsmaryk on 3/4/2026) (ars) [Transferred from Texas Northern on 4/15/2026.]
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| Filing 21 Appendix in Support filed by Tara Hana, Johana Barbara Jones, Susan Perry-Slay re #20 MOTION to Quash (Hoard, Steven) Modified filer on 3/4/2026 (ars). [Transferred from Texas Northern on 4/15/2026.] |
| Filing 20 MOTION to Quash filed by Tara Hana, Johana Barbara Jones, Susan Perry-Slay with Brief/Memorandum in Support. (Hoard, Steven) Modified filer on 3/4/2026 (ars). [Transferred from Texas Northern on 4/15/2026.] |
| Filing 19 Appendix in Support filed by Jessica Yates re #18 MOTION to Quash Service of Process and Brief in Support (Estes, Madison) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 18 MOTION to Quash Service of Process filed by Jessica Yates with Brief/Memorandum in Support. Attorney Madison Paige Estes added to party Jessica Yates(pty:dft) (Estes, Madison) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 17 ADDITIONAL ATTACHMENTS to #16 Motion for Miscellaneous Relief by Plaintiff Esther Bodek. (Attachments: #1 Affidavit(s) Certificate of Conference, #2 Affidavit(s) of Service, #3 Proposed Order Re: Service by US Marshals) (Bodek, Esther)[Transferred from Texas Northern on 4/15/2026.] |
| Filing 16 MOTION Service of Process by US Marshals filed by Esther Bodek with Brief/Memorandum in Support. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 15 Summons Issued as to Abigail Stolfe. (ars) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 14 Request for Clerk to issue Summons Abigail Stolfe (corrected) filed by Esther Bodek. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 13 Request for Clerk to issue Summons for Abigail Stolfe filed by Esther Bodek. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 12 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Esther Bodek. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (nht) [Transferred from Texas Northern on 4/15/2026.] |
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Filing 11
ORDER granting #10 Motion to Amend/Correct. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 2/5/2026) (nht) [Transferred from Texas Northern on 4/15/2026.]
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| Filing 10 MOTION to Amend/Correct #3 Complaint,, and to add Abigail Stolfe as Party Defendant filed by Esther Bodek with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment Complaint, #2 Proposed Order on Amendment, #3 Affidavit(s) of Conference, #4 Affidavit(s) of Service) (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 9 AFFIDAVIT re #3 Complaint,, Certification of Non Use of AI by Esther Bodek. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 8 SUMMONS Returned Executed as to Johana Barbara Jones ; served on 10/20/2025. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 7 SUMMONS Returned Executed as to Susan Perry-Slay ; served on 10/20/2025. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 6 SUMMONS Returned Executed as to Tara Hana ; served on 10/20/2025. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 5 SUMMONS Returned Executed as to Jessica Yates ; served on 10/19/2025. (Bodek, Esther) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 4 Summons Issued as to All Defendants. (Plaintiff received over counter). (ars) (Main Document 4 replaced with corrected name on 9/29/2025) (nht). [Transferred from Texas Northern on 4/15/2026.] |
| Filing 3 COMPLAINT WITH JURY DEMAND against All Defendants filed by Esther Bodek. (Filing fee $405.00; Receipt number 200001353) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (ars) (Additional attachment(s) added on 9/29/2025: #1 Proposed Summons) (ars). Modified party name on 9/29/2025 (nht). [Transferred from Texas Northern on 4/15/2026.] |
| Filing 2 Notice and Instruction to Pro Se Party. (ars) [Transferred from Texas Northern on 4/15/2026.] |
| Filing 1 New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (ars) [Transferred from Texas Northern on 4/15/2026.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. (Copy of first page of file-marked complaint OTC) Mon Sep 29 10:19:23 CDT 2025 (crt) Modified text on 9/30/2025 (ars). [Transferred from Texas Northern on 4/15/2026.] |
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