Sussman v. Miller et al
| Maxfield Alton Sussman |
| Joshua T. Miller, Uriah Cain Speight and Jeremy Miller |
| 1:2026cv02065 |
| May 13, 2026 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2026. A more recent docket listing may be available from PACER.
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Filing 41
MINUTE ORDER: This matter is before the Court on #31 Defendants' Motion to Stay Discovery. The Court has carefully reviewed the Motion, Plaintiff's #37 response, and the #39 reply. As Plaintiff correctly notes in the second page of his response, a stay is not automatic simply because a dispositive motion has been filed. The assertion of qualified immunity also does not automatically trigger a stay. Instead, the Court considers the factors set forth in String Cheese Incident, L.L.C. v. Stylus Shows, Inc., 2006 WL 894955 (D. Colo. March 30, 2006) to determine whether a stay is appropriate. It also considers the well-settled principle that qualified immunity offers more than immunity from liability, it offers immunity from the burden of litigation. Having considered the applicable factors and the case law concerning qualified immunity, the Court finds that in this case a stay of discovery is warranted. The prejudice to Plaintiff is the ordinary prejudice associated with delay. That is, all plaintiffs have a generalized interest in moving their matter forward expeditiously. On the other hand, the burden on Defendants, the Court, and third party witnesses is heavy because discovery in matters like this often involve meaningful production, multiple witnesses, and not infrequently, discovery disputes. Moreover, where a public entity foots the bill for defensive litigation, the public has an interest in conserving resources. In other words, waiting for resolution on the dipositive motion before expending time and resources on discovery is prudent here. The Court hereby grants the Motion to Stay and issues a STAY of discovery pending resolution of the #28 Motion to Dismiss. By Magistrate Judge Maritza Dominguez Braswell on 10/23/2026.(mdblc1)
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| Filing 40 REPLY to Response to #28 MOTION to Dismiss filed by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight. (Attachments: #1 Exhibit C (redacted))(Eddy, Jonathan) |
| Filing 39 REPLY to Response to #31 MOTION to Stay Discovery filed by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight. (Eddy, Jonathan) |
| Filing 38 RESPONSE to #28 MOTION to Dismiss filed by Plaintiff Maxfield Alton Sussman. (Sussman, Maxfield) |
| Filing 37 RESPONSE to #31 MOTION to Stay Discovery filed by Plaintiff Maxfield Alton Sussman. (Sussman, Maxfield) |
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Filing 36
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the Magistrate Judge #35 , this case is referred to Magistrate Judge Dominguez Braswell for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Regina M. Rodriguez. 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 (kmyha)
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| Filing 35 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Maxfield Alton Sussman All parties consent.. (Sussman, Maxfield) |
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Filing 33
MINUTE ORDER granting Plaintiff's #29 Unopposed Motion to Restrict Public Access to ECF No. 28-3 and for Interim Restriction Pending Ruling. The Clerk of Court is directed to maintain Level 1 restriction over ECF 28-3. By Magistrate Judge Maritza Dominguez Braswell on 9/29/2026. 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(mdblc1)
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| Filing 34 Conventionally Submitted Material : 1 Flash Drive to MOTION to Dismiss #28 by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight Text Only Entry. Location of Stored Item: Clerk's Office Oversized Area B-3-2. (jrobe, ) |
| Filing 32 COURTROOM MINUTES for Pre-Scheduling Conference held on 9/21/2026 before Magistrate Judge Maritza Dominguez Braswell. FTR: Colorado Springs Courtroom 101. (evaug) |
| Filing 31 MOTION to Stay Discovery by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight. (Eddy, Jonathan) |
| Filing 30 NOTICE OF REDACTED EXHIBIT by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight (Attachments: #1 Exhibit B to MTD (Redacted))(Kadolph, James) |
| Filing 29 Unopposed MOTION for Leave to Restrict #28 -3 by Plaintiff Maxfield Alton Sussman. (Sussman, Maxfield) Modified on 9/20/2026 to add linkage (ggill, ). |
| Filing 28 MOTION to Dismiss by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight. (Attachments: #1 Conventionally Submitted Notice of Conventionally Submitted Material, #2 Exhibit A - Placeholder, #3 Exhibit B - Report)(Kadolph, James) |
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Filing 27
MINUTE ORDER granting Defendants' #26 Second Unopposed Motion to Extend Responsive Pleading Deadline. Defendants' deadline to answer or otherwise respond to the Complaint is extended to September 16, 2026. By Magistrate Judge Maritza Dominguez Braswell on 9/8/2026. 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(mdblc1)
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| Filing 26 Second MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight. (Eddy, Jonathan) |
| Filing 25 NOTICE of Entry of Appearance by James T. Kadolph on behalf of Jeremy Miller, Joshua T. Miller, Uriah Cain SpeightAttorney James T. Kadolph added to party Jeremy Miller(pty:dft), Attorney James T. Kadolph added to party Joshua T. Miller (pty:dft), Attorney James T. Kadolph added to party Uriah Cain Speight(pty:dft) (Kadolph, James) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Maxfield Alton Sussman. Uriah Cain Speight waiver sent on 7/22/2026, answer due 9/11/2026. (Sussman, Maxfield) |
| Filing 23 SUMMONS Returned Executed by Maxfield Alton Sussman. Jeremy Miller served on 7/16/2026, answer due 9/11/2026. (Sussman, Maxfield) |
| Filing 22 SUMMONS Returned Executed by Maxfield Alton Sussman. Joshua T. Miller served on 7/3/2026, answer due 9/11/2026. (Sussman, Maxfield) |
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Filing 21
MINUTE ORDER granting #20 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Defendants' deadline to answer or otherwise respond to the Complaint is September 11, 2026. A Preliminary Scheduling Conference is set for September 21, 2026, at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The conference will be conducted via video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 7/29/2026. 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 (mdblc6.)
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| Filing 20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond and Unify Responsive Pleading Deadlines by Defendants Jeremy Miller, Joshua T. Miller, Uriah Cain Speight. (Eddy, Jonathan) |
| Filing 19 NOTICE of Entry of Appearance by Jonathan N. Eddy on behalf of Jeremy Miller, Joshua T. Miller, Uriah Cain SpeightAttorney Jonathan N. Eddy added to party Jeremy Miller(pty:dft), Attorney Jonathan N. Eddy added to party Joshua T. Miller (pty:dft), Attorney Jonathan N. Eddy added to party Uriah Cain Speight(pty:dft) (Eddy, Jonathan) |
| Filing 18 NOTICE re #17 Order on Motion for Leave to Restrict,,,, Order on Motion to Expedite, by Plaintiff Maxfield Alton Sussman (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Sussman, Maxfield) |
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Filing 17
ORDER The Residential Address Motion #11 is GRANTED. The Medical Records Motion #13 is GRANTED IN PART and DENIED IN PART. In light of the foregoing rulings, the Emergency Motion #14 is DENIED as moot. By Magistrate Judge Maritza Dominguez Braswell on 06/02/2026. 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.(jrobe, )
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| Filing 16 RESTRICTED DOCUMENT - Level 2: Evidentiary Appendix [13 ] First MOTION for Leave to Restrict by Plaintiff Maxfield Alton Sussman.. (Sussman, Maxfield) Modified on 5/28/2026 to title and linkage. (sphil, ). |
| Filing 15 NOTICE re #11 Renewed MOTION for Leave to Restrict, #13 First MOTION for Leave to Restrict REGARDING SUBMISSION OF EVIDENTIARY APPENDIX by Plaintiff Maxfield Alton Sussman (Sussman, Maxfield) |
| Filing 14 Emergency MOTION to Expedite RULING ON RENEWED MOTION TO RESTRICT AND FOR PROVISIONAL RESTRICTION OF PLAINTIFFS RESIDENTIAL ADDRESS PENDING RULING by Plaintiff Maxfield Alton Sussman. (Sussman, Maxfield) |
| Filing 13 First MOTION for Leave to Restrict by Plaintiff Maxfield Alton Sussman. (Attachments: #1 Exhibit REDACTED SSA Disability Benefit Verification Letter)(Sussman, Maxfield) |
| Filing 12 DECLARATION of Maxfield Alton Sussman regarding Renewed MOTION for Leave to Restrict #11 by Plaintiff Maxfield Alton Sussman. (Sussman, Maxfield) |
| Filing 11 Renewed MOTION for Leave to Restrict by Plaintiff Maxfield Alton Sussman. (Sussman, Maxfield) |
| Filing 10 Letter from Clerk of Court re Service of Process of #1 Complaint. (Attachments: #1 Copy of rule 4, #2 Magistrate Judge Consent Form, #3 Summons, #4 Summons, #5 Summons) (jrobe, ) |
| Filing 9 CASE REASSIGNED. Case was initially assigned in error, therefore this case has been randomly reassigned to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 26-cv-02065-MDB. (Text Only Entry) (jrobe, ) |
| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jrobe, ) |
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Filing 7
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined thatthis 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. By Magistrate Judge Richard T. Gurley on 05/15/2026. Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Timothy P O'Hara for all further proceedings. All future pleadings should be designated as 26-cv-02065-RMR. 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. (jrobe, )
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Filing 6
ORDER it is ORDERED that the Motion to Restrict Public Access to Plaintiff's Residential Address Pursuant to D.C.COLO.LCivR 7.2 (ECF No. #2 ), filed on May 13, 2026, is DENIED WITHOUT PREJUDICE. By Magistrate Judge Richard T. Gurley on 05/15/2026. 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.(jrobe, )
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| Filing 5 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Maxfield Alton Sussman, sought and received e-filing privileges on 5/14/2026. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, ) |
| Filing 4 CERTIFICATE of Service by US Postal Service by Clerk of Court re 3 Case Assigned (pro se) to Judge to Maxfield Alton Sussman at the restricted address provided by the plaintiff. Text Only Entry. (agarc, ) |
| 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. (agarc, ) |
| Filing 2 Plaintiff's MOTION to Restrict Public Access to Plaintiff's Residential Address Pursuant to D.C.Colo.LCivR 7.2, by Plaintiff Maxfield Alton Sussman. (Attachments: #1 Proposed Redactions)(agarc, ) |
| Filing 1 COMPLAINT and Jury Demand against Jeremy Miller, Joshua T. Miller, and Uriah Cain Speight. (Filing Fee: 405.00; Receipt Number: 118032), filed by Maxfield Alton Sussman. (Attachments: #1 Letter, #2 Proposed Summons, #3 Civil Cover Sheet, #4 Receipt, #5 Envelope)(agarc, ) |
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