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10-2862 - Carbajal v. Warner et al


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10-2862 - Carbajal v. Warner et al
November 30, 2010
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ORDER. A Scheduling/Planning Conference is set for 2/22/2011 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. By Magistrate Judge Kristen L. Mix on 11/30/2010. (Attachments: # (1) Appendix F, # (2) Appendix F.1., # (3) Instructions Regarding Notice of Availability of United States Magistrate Judge)(sah, )
January 7, 2011
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MINUTE ORDER. Plaintiffs Motion for Extension of Time and Request for Leave to Amend Complaint 15 is GRANTED IN PART. On or before 2/7/2011 Plaintiffs shall either (1) file a response to Defendants Motions to Dismiss 6 and 11, or(2) file a motion to amend their Complaint 1 that includes a proposed amended complaint as an attachment. By Magistrate Judge Kristen L. Mix on 1/7/2011.(sah, )
February 10, 2011
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ORDER. Plaintiffs Motion for Leave to Amend Complaint 24 is GRANTED. by Magistrate Judge Kristen L. Mix on 2/10/2011. Those Defendants who have already been served and entered their appearances in this case shall answer or otherwise respond to Plaintiffs Amended Complaint [24-1] on or before 3/7/2011.Defendants Motions to Dismiss 6, 11 & 18 are DENIED as moot. By Magistrate Judge Kristen L. Mix on 2/10/2011(sah, )
March 14, 2011
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ORDER. Plaintiffs Motion for Petition to Serv [sic] Defendants by United States Marshals 54 is DENIED. By Magistrate Judge Kristen L. Mix on 3/14/2011.(sah, )
March 14, 2011
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ORDER. The Motion for Extension of Time to Complete Service 43 is GRANTED.Plaintiffs must complete service of all Defendants named in the original Complaint 1 on or before 6/21/2011. The Motion for Extension of Time to Respond to Defendants [sic] Motions to Dismiss and Stay of Proceedings 56 is GRANTED in part and DENIED in part. Plaintiffs request for leave to amend theirAmended Complaint 27 is DENIED without prejudice. Any motion to amend and accompanying proposed Second Amended Complaint must be filed on or before 4/1/2011. By Magistrate Judge Kristen L. Mix on 3/14/2011.(sah, )
March 21, 2011
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MINUTE ORDER. The Scheduling Conference set for 3/24/2011 at 10:00 a.m. is vacated and RESET to 6/23/2011 at 10:00 a.m. in Courtroom C-204. By Magistrate Judge Kristen L. Mix on 3/21/2011. (sah, ) Modified on 3/23/2011 to indicate that the Order is a Minute Order(sah2, ).
March 24, 2011
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ORDER. Plaintiffs motion to dismiss parties, actually entitled Plaintiffs (sic) Voluntary Dismissal of Suit Against Adams County BOCC, Adams County Probation, Montrose County BBOC, Gunnison County BOCC, City of Delta,Unknown Arvada Police Officer 1, Unknown Arvada Police Officer 2, ArvadaPolice Dept., Westminster Police Dept., Denver Police Dept. And Delta Sheriffs Dept., and Claim 16-18 U.S.C. 242 88 filed 3/23/2011, is GRANTED. By Judge Robert E. Blackburn on 3/24/2011.(sah, )
April 4, 2011
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s (See Order for details). Plaintiffs may not file any motion to amend their Second Amended Complaint until after case management deadlines have been set at the Scheduling Conference on 6/23/2011. All Defendants shall answer or otherwise respond to Plaintiffs Second Amended Complaint [107-1, 107-2, 108, 108-1 & 108-2] on or before 4/29/2011. The following Motions to Dismiss are DENIED without prejudice 31;34;38; 39; 40;41;49; 50;51;52;74;76;99; 100; 102;110;112; 113; 114 and 116. Denver Defendants Motion for More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) 47 is DENIED without prejudice because it also relates to the Amended Complaint 33, a non-operative pleading. Defendant Adams County Board of County Commissioners Motion to Dismiss 45 is DENIED as moot. This Defendant has been dismissed from this case. By Magistrate Judge Kristen L. Mix on 4/4/2011.(sah, )ORDER. Plaintiffs Motion for Leave to Amend Complaint 107 is GRANTED in part, the Motion is DENIED without prejudice with respect to Plaintiffs request to add the following entities and individuals named in the Second Amended Complaint as defendant
April 14, 2011
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n 4/14/11.(mnf, )ORDER granting in part 124 Plaintiffs' Motion to Clarify and Joinder [sic] Necessary. "Eddie Gruninger, Detective Investigator for the Second Judicial District" is added as a Defendant. The Court's prior 118 order striking allegations against Defendant Gruninger from the 119 Second Amended Complaint is vacated. Defendant Gruninger shall answer or otherwise respond to Plaintiffs' 119 Second Amended Complaint on or before 4/29/2011. The case caption is amended to reflect the addition of Defendant Gruninger and the removal of "Unknown Denver Police Officers 1-4." The 124 Motion is denied without prejudice to the extent that it requests the addition of defendants. By Magistrate Judge Kristen L. Mix o
April 25, 2011
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MINUTE ORDER. Defendant Gregory Sullivans Motion to Dismiss 126 is DENIED AS MOOT. By Magistrate Judge Kristen L. Mix on 4/25/2011.(sah, )
May 16, 2011
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ORDER. Plaintiffs Combined Motion for Leave to Substitute Service Pursuant to Colo. R. Civ. P. Rule 4(f), Substitution of Parties Pursuant to Fed. R. Civ. P. Rule 25, and Unopposed Motion for Extension of Time to Respond to Rule 12 Motions 144 is DENIED. By Magistrate Judge Kristen L. Mix on 5/16/2011.(sah, )
June 23, 2011
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COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Kristen L. Mix: Telephonic Status Conference held on 6/23/2011, denying without prejudice 140 Defendants' Joint Motion to Stay, setting a Scheduling Conference for 10/20/2011 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Scheduling Order due by 10/13/2011. (FTR: C. Coomes -- Courtroom C-204) (mehcd)
August 8, 2011
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nd Failure to State a Claim filed, 141 Joint MOTION to Dismiss. The Court Recommends that the Motions be Granted in part and Denied in part. Plaintiff Victoria Carbajal should be terminated as a Plaintiff and all of her claims against all DefendanRECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 128 MOTION to Dismiss, 135 First MOTION to Dismiss Plaintiffs' Second Amended Complaint, 142 MOTION to Dismiss Second Amended Complaint, 137 MOTION to Dismiss for Lack of Jurisdiction ats should be DISMISSED with prejudice. Plaintiff Dean Carbajal's state law claim for fraud asserted against all Defendants should be DISMISSED with prejudice. Defendant Gregory Sullivan's Motion to Dismiss 128 should be GRANTED, and Plaintiff Dean Carbajal's claims against Defendant Gregory Sullivan should be DISMISSED with prejudice. Plaintiff Dean Carbajal's claims against Defendants Seventh Judicial District, Colorado Department of Corrections, Myrl Serra, Sherri Price, Patricia Kramer, J. Steven Patrick, Charles R. Greenacre, Sandra K. Miller, James W. Schum, Mandy Allen, Carol Warner, Richard Mahar, David Romero, and Joseph Quintana should be DISMISSED with prejudice. Plaintiff Dean Carbajal's claims against Defendant Jeff Boyd Herron based on his alleged conduct when acting as a judicial officer should be DISMISSED with prejudice. Plaintiff Dean Carbajal's claims against Defendant Jeff Boyd Herron based on his alleged conduct when acting as a defense attorney should be DISMISSED with prejudice. Plaintiff Dean Carbajal's claims against Defendants Denver Chief of Police, Don Wick, Patrick Meester, A.J. DeAndrea, and Jourdan Lopez-Basgall should be DISMISSED with prejudice. Plaintiff Dean Carbajal should be instructed that he must write his Third Amended Complaint on a standard prisoner complaint form to be provided by the Clerk of the Court. The Court FURTHER RECOMMENDS that the caption should be amended. See the Recommendation for detail, by Magistrate Judge Kristen L. Mix on 8/8/11. (lsw, ) Modified on 8/9/2011 to add the text that the the Motions be Granted in part and Denied in part(lsw, ).
August 8, 2011
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MINUTE ORDER denying as moot 195 Plaintiffs' Motion for Leave to File Surreply to Rule 12 Motions to Dismiss. Plaintiffs' 197 proposed Surreply is stricken. By Magistrate Judge Kristen L. Mix on 8/8/11.(mnfsl, )
August 9, 2011
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te Judge Kristen L. Mix on 8/9/2011. (sah, )SUPPLEMENTAL RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 198 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE the Court now supplements its prior Report and Recommendation 198 by providing a corrected proposed amended caption. By Magistra
August 19, 2011
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SECOND SUPPLEMENTAL RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER GRANTING MOTION FOR CLARIFICATION 205. It is recommended that the caption be amended to appear as set forth in the recommendation. re 198, RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE and 202 First Supplemental Recommendation, by Magistrate Judge Kristen L. Mix on 8/19/11. (gmssl, ) Modified on 8/22/2011 to correct a spelling error (gmssl, ).
August 25, 2011
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MINUTE ORDER. Plaintiffs Motion for Sanctions 214 is STRICKEN. By Magistrate Judge Kristen L. Mix on 8/25/2011.(sah, )
September 27, 2011
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at 3. No order has yet been issued. By Magistrate Judge Kristen L. Mix on 9/27/2011.(sah, )MINUTE ORDER. The Petition 220, the Request 221, and the Motion 222 are STRICKEN. Pursuant to my Order dated 6/23/2011, neither Plaintiff shall file anymotions until a written order has been issued on the pending Motions to Dismiss. Order 181
October 5, 2011
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MINUTE ORDER. Defendant City of Westminsters Motion to Vacate Scheduling Conference 225 is GRANTED. The Scheduling Conference currently set for10/20/2011 at 10:00 a.m. is VACATED. The Scheduling Conference will be reset, if necessary, after final resolution of the Motions to Dismiss [Docket Nos. 128, 135, 137, 141 & 142]. By Magistrate Judge Kristen L. Mix on 10/5/2011.(sah2, )
October 19, 2011
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extent the magistrate judge recommends that the plaintiffs claims against Carol Warner, Richard Mahar, David Romero, and Joseph Quintana based on allegations that these defendants intentionally prepared and submitted false affidavits in support of contentions that Dean Carbajal had violated the terms of his parole and/or deferred judgment be dismissed based on quasi-judicial or qualified immunity. The Second Response To Second Amended Complaint and Motion for Relief From Suit 128 filed 4/13/2011, which I read as a motion to dismiss, is GRANTED. All claims asserted against defendant Gregory Sullivan are DISMISSED with prejudice. The Defendants, Seventh Judicial District, Delta County Board of County Commissioners, Myrl Serra, Sherri Price, Patricia Kramer, Unknown Delta Sheriff, Bill Railey, Chris Weldon, Deputy Hatch, B. Wolfe, and Brian Shroeders, Motion To Dismiss Plaintiffs [Second] Amended Complaint 135 filed 4/28/2011, is DENIED as to claims asserted by plaintiff Dean Carbajal against defendants Myrl Serra and Sherri Price based on allegations that these defendants destroyed exculpatory evidence in a criminal prosecution against plaintiff Dean Carbajal. Otherwise, the Defendants, Seventh Judicial District, Delta County Board of County Commissioners, Myrl Serra, Sherri Price, Patricia Kramer, Unknown Delta Sheriff, Bill Railey, Chris Weldon, Deputy Hatch, B. Wolfe, and Brian Shroeders, Motion To Dismiss Plaintiffs [Second] Amended Complaint 135 filed 4/28/2011, iORDER. The Recommendation of United States Magistrate Judge 198 filed 8/8/2011, is rejected respectfully to the extent the magistrate judge recommends that the plaintiffs claims against Myrl Serra and Sherri Price based on allegations that these defendants intentionally destroyed exculpatory evidence in plaintiff Dean Carbajals criminal case be dismissed based on prosecutorial immunity. The Recommendation of United States Magistrate Judge 198 filed 8/8/2011, is rejected respectfully to thes GRANTED. under FED. R. CIV. P. 12(b)(1), all claims asserted by the plaintiffs against defendants Seventh Judicial District, Delta County Board of County Commissioners, Myrl Serra, Sherri Price, Patricia Kramer, Unknown Delta Sheriff, Bill Railey, Chris Weldon, Deputy Hatch, B. Wolfe, Brian Shroeder are DISMISSED with prejudice, except for the claims asserted by plaintiff Dean Carbajal against defendants Myrl Serra and Sherri Price based on allegations that these defendants destroyed exculpatory evidence in a criminal prosecution against Dean Carbajal. The State Defendants Motion To Dismiss the Second Amended Complaint 137 filed 4/29/2011, is DENIED to the extent plaintiff Dean Carbajal asserts claims against defendants Carol Warner, David Romero, and Joseph Quintana based on allegations that these defendants, acting as probation officers, knowingly and intentionally prepared and submitted false affidavits in support of contentions that Dean Carbajal had violated the terms of his parole and/or deferred judgment. Otherwise, the State Defendants Motion To Dismiss the Second Amended Complaint 137 filed 4/29/2011, is GRANTED. under FED. R. CIV. P. 12(b)(1), all claims against defendants Steven Patrick, Charles Greenacre, Sandra Miller, James Schum, Jeff Herron, Mandy Allen, Carrol Warner, David Romero, Joe Quintana, and the Colorado Department of Corrections are DISMISSED with prejudice, except for the claims asserted by plaintiff Dean Carbajal against defendants Carol Warner, David Romero, and Joseph Quintana based on allegations that these defendants, acting as probation officers, knowingly and intentionally prepared and submitted false affidavits in support of contentions that Dean Carbajal had violated the terms of his parole and/or deferred judgment. The claims against defendant Jeff Boyd Herron based on his alleged conduct when acting as a judicial officer are DISMISSED with prejudice under Fed. R. Civ. P. 12(b)(1). The claims against defendant Jeff Boyd Herron based on his alleged conduct when acting as a defense attorney are DISMISSED with prejudice under Fed. R. Civ. P. 12(b)(6). The Defendants Joint Motion To Dismiss 141 is GRANTED on the terms stated in paragraphs fourteen (14) through twenty-one (21),below. The plaintiffs complaint 119 is DISMISSED for failure to comply with the requirements of FED. R. CIV. P. 8. Under FED. R. CIV. P. 12(b)(6), the claims asserted by plaintiff Victoria Carbajal are DISMISSED with prejudice. Under FED. R. CIV. P. 12(b)(6), all claims asserted against individual defendants in their official capacities are DISMISSED with prejudice. Under FED. R. CIV. P. 12(b)(6), all claims asserted against defendants Don Wick, Arvada Chief of Police, and Denver Chief of Police are DISMISSED with prejudice. Under FED. R. CIV. P. 12(b)(6), the claims asserted against defendant government entities Seventh Judicial District, Delta County Board of County Commissioners, City of Denver, Colorado Department of Corrections, City of Westminster, and City of Arvada are DISMISSED with prejudice. Under FED. R. CIV. P. 12(b)(6), all claims against defendants Patrick Meester, A.J. DeAndrea, and Jourdan Lopez-Basgall are DISMISSED with prejudice. Under FED. R. CIV. P. 12(b)(6), plaintiff Dean Carbajals state law claim for fraud asserted against all defendants is DISMISSED with prejudice. Under FED. R. CIV. P. 12(b)(6), all claims based on alleged conduct that occurred before 11/23/2009, excluding any claim directly related to the improper extension or revocation of plaintiff Dean Carbajals deferred judgment, are DISMISSED with prejudice because all such claims are time barred. The Defendants Joint Motion To Dismiss 141 is DENIED without prejudice to the extent the defendants argue for the dismissal of other claims for failure to state a claim on which relief can be granted and based on the assertion of qualified immunity. The Motion by Defendants Laurie Freund, James Dixon, Adam Barrett, Sgt. Speerman, Joel Smith, Abbegayle Dorn, Jesse Rembert, Michael ONeill, Brian ONeill and Unknown Denver Police Officers One Through Four To Dismiss the Second Amended Complaint Pursuant to FED. R. CIV. P. Rule 12(b)(5) 142 is DENIED without prejudice. The following parties are DROPPED from this action: a) plaintiff Victoria Carbajal, b) Seventh Judicial District, c) Delta County Board of County Commissioners, d) Jeff Boyd Herron, e) J. Steven Patrick, f) Charles R. Greenacre, g) Sandra K. Miller, h) James W. Schum, i) Mandy Allen, j) Patricia Kramer; k) Unknown Delta Sheriff, l) Cityof Denver, m) Denver Chief of Police, n) Colorado Department of Corrections, o) City of Westminster, p) City of Arvada, q) Don Wick, r) Patrick Meester, s) A.J. DeAndrea, t) Jourdan Lopez-Basgall; and u) Gregory Sullivan. The Supplemental Recommendation of United States Magistrate Judge 202 filed 8/9/2011, which clarifies the recommendation of the magistrate judge concerning the dismissal with prejudice of claims against the Denver Chief of Police, is APPROVED and ADOPTED. The Supplemental Recommendation of United States Magistrate Judge 207 filed 8/19/2011, which clarifies the recommendation of the magistrate judge concerning the dismissal with prejudice of claims against the City of Arvada, is APPROVED and ADOPTED. Defendants Request for Clarification, or Alternatively, Objection to Courts 8/8/2011 Report and Recommendation 209 filed 8/22/2011, is GRANTED. By Judge Robert E. Blackburn on 10/19/2011.(sah2, )
November 14, 2011
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ORDER. Plaintiffs Motion for Clarification and/or ContemporaneousObjection and Request for Leave To Appeal An Order Pursuant to FED. R. CIV. P.Rule 54(b) 234 filed 11/1/2011, is GRANTED in part and DENIED in part. By Judge Robert E. Blackburn on 11/10/2011.(sah, )
November 22, 2011
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ORDER. The plaintiffs Ex Parte Petition for Temporary Restraining Order Pursuant to FED. R. CIV. P. 65 239 filed 11/18/2011, is DENIED. By Judge Robert E. Blackburn on 11/22/2011.(sah, )
December 21, 2011
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ORDER. The Motion 236 is DENIED WITHOUT PREJUDICE and that the Third Amended Complaint 243 is STRICKEN. Plaintiff may make one final attempt to file anappropriate amended complaint, accompanied by a motion for leave to amend, no later than 1/21/2012. The Scheduling Conference set for 1/5/2012 at 10:30 a.m. is VACATED and, if necessary, will be reset at a later date. By Magistrate Judge Kristen L. Mix on 12/21/2011.(sah, )
January 6, 2012
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ORDER. Plaintiffs Motion for Leave to File Third Amended Complaint 249 is GRANTED. Defendants shall answer or otherwise respond to the Third Amended Complaint on or before 2/6/2012. By Magistrate Judge Kristen L. Mix on 1/6/2011.(sah, )
January 11, 2012
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ORDER Granting Service by the United States Marshal re: 254 Amended Complaint,, filed by Dean Carbajal by Magistrate Judge Kristen L. Mix on 1/11/2012. (Attachments: # (1) Service of Process Form as to Darin Desel) (ervsl, )
January 31, 2012
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MINUTE ORDER. The Request for Clarification of Briefing Requirements for Motion to Dismiss Third Amended Complaint 261 is GRANTED. By Magistrate Judge Kristen L. Mix on 1/31/2012.(sah, )
February 24, 2012
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MINUTE ORDER. Plaintiffs Motion to Strike Delta Defendants Motions to Dismiss [Docket #s 271, 272, 273 and 274] 283 and Plaintiffs Motion to Strike Denver Defendants Motion to Dismiss 284 are DENIED. The Clerk of Court shall mail to Plaintiff one copy each of the Denver Defendants Answer [#270] and the Delta Defendants Motions to Dismiss [#271, #272, #273, #274], including all attachments. By Magistrate Judge Kristen L. Mix on 2/24/2012.(sah, )
March 7, 2012
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ORDER. The Motion for Sanctions 266 is DENIED with respect to all Defendants except for Defendant Serra. The Court defers adjudication of the merit of Plaintiffs Motion for Sanctions against Defendant Serra until the Court holds an evidentiary hearing on this issue. The Motion to Set Hearing 265, which requests a hearing to determine the amount of sanctions to be awarded pursuant to the Motion for Sanctions, is GRANTED in part. An Evidentiary Hearing is SET for 4/16/2012 at 1:30 p.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. Plaintiff and Defendant Serra shall provide to each other and to the Court a list of exhibits each expects to submit and of witnesses each expects to call at the hearing no later than 4/9/2012. By Magistrate Judge Kristen L. Mix on 3/7/2012.(sah, )
April 12, 2012
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ORDER the Habeas Petition 313 is DENIED. The Subpoena Petition 315 is GRANTED. The Motion 317 is GRANTED. The Evidentiary Hearing set for April 16, 2012 at 1:30 p.m. is vacated and reset to June 26, 2012 at 1:30 p.m. in Courtroom C-204 before Magistrate Judge Kristen L. Mix. Plaintiff and Defendant Serra shall provide to each other and to the Court an updated list of exhibits each expects to submit and of witnesses each expects to call by filing such lists on the docket no later than June 19, 2012, by Magistrate Judge Kristen L. Mix on 4/12/12.(mjgsl, )
May 11, 2012
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MINUTE ORDER denying 331 Plaintiff's Motion to Strike Defendants' Replies(DOCs # 327, 328, 329, & 330). The filing of "surreplies" to the pending Motions to Dismiss is not permitted. Any such "surreplies" shall be summarily stricken, by Magistrate Judge Kristen L. Mix on 05/11/2012.(wjcsl, )
May 14, 2012
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ORDER OVERRULING PLAINTIFF'S OBJECTION AND DENYING MOTION TO RECONSIDER. The objections stated in the plaintiff's Contemporaneous Objection To the Court's Order (DOC # 323) and Motion for Reconsideration 334 filed May 11, 2012, read as an objection to the order 323 of the magistrate judge, are OVERRULED, by Judge Robert E. Blackburn on 5/14/12.(mjgsl, )
June 15, 2012
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ORDER granting 340 Defendant Serra's Motion to Quash Subpoena, and granting in part to the extent that the Court will consider Plaintiff's Response, and denying in part in all other respects 345 Plaintiff's Petition to Enforce Subpoena or in Alternative Modify and Response to Serra's Petition to Quash Subpoena. By Magistrate Judge Kristen L. Mix on 6/15/12.(mjgsl, )
August 29, 2012
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court respectfully RECOMMENDS that the Prosecutors' Motion 273 and BOCC's Motion 274 be GRANTED and that the Joint Motion 271 and Sheriff- Deputies' Motion 273 be GRANTED in part and DENIED in part and that Delta Sheriff-Deputies' Motion to Dismiss 272 be DENIED. Parties shall have 14 days after service of this Recommendation to serve and file any written objections. By Magistrate Judge Kristen L. Mix on 8/29/12. (mjgsl, )
August 30, 2012
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MINUTE ORDER granting in part and denying in part 364 Plaintiffs Motion for Leave to Allow a Representative from the Plaintiffs Defense Team to Be Present with Myrl Serra and Gwen Serra for the Scheduled Sanctions Hearing or in [the] Alternative the Plaintiff Contemporaneously Objects to the Denial of Fairness and Order, by Magistrate Judge Kristen L. Mix on 8/30/2012.(ervsl, ) Modified on 9/5/2012 to correct typo (mjgsl, ).
September 11, 2012
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MINUTE ORDER denying as moot 357 Petition for Federal Injunction and denying as moot 359 Motion to Set Hearing. By Magistrate Judge Kristen L. Mix on 9/11/12.(mjgsl, )
September 19, 2012
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ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER. Plaintiff's Motion To the Trial Court and Request for a Temporary Restraining Order is DENIED. By Judge Robert E. Blackburn on 9/19/12.(mjgsl, )
September 24, 2012
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ORDER CONCERNING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Order and Recommendation of United States Magistrate Judge 369 filed 8/29/2012, respectfully is REJECTED to the extent the magistrate judge recommends that the plaintiffs Fourteenth Amendment procedural due process claim be dismissed based on the conclusion that the allegations in the complaint indicate that the plaintiff had an adequate post-deprivation state remedy for the deprivation of liberty he alleges in his complaint. On the issue described in paragraph one (1), above, the objections stated in the plaintiffs Contemporaneous Objection to the Magistrates Order and Recommendation 382 filed 9/17/2012 are SUSTAINED. Otherwise, the objections stated in the plaintiffs ContemporaneousObjection to the Magistrates Order and Recommendation 382 filed 9/17/2012 are OVERRULED. The Delta Defendants Joint Motion To Dismiss Plaintiffs ThirdAmended Complaint 271 filed 2/6/2012, is GRANTED in part and DENIED. The Delta Sheriff-Deputies Motion To Dismiss Plaintiffs Third Amended Complaint 272 filed 2/6/2012, is DENIED. The Delta Prosecutors Motion To Dismiss Motion To Dismiss Plaintiffs Third Amended 273 filed 2/6/2012, is GRANTED. The Board of County Commissioners of Delta Countys Motion To Dismiss Plaintiffs Third Amended Complaint 274 filed 2/6/2012, is GRANTED. The Delta Sheriff-Deputies Motion To Dismiss Plaintiffs Third Amended Complaint 272 filed February 6, 2012, is DENIED as to the plaintiffs conspiracy claim under 42 U.S.C. § 1983. The Delta Sheriff-Deputies Motion To Dismiss Plaintiffs Third Amended Complaint 272 filed February 6, 2012, is DENIED as to the plaintiffs Fourteenth Amendment substantive due process claim. The Delta Sheriff-Deputies Motion To Dismiss Plaintiffs Third Amended Complaint 272 filed 2/6/62012, is DENIED as to the plaintiffs Fourteenth Amendment procedural due process claim. The Delta Defendants Joint Motion To Dismiss Plaintiffs Third Amended Complaint 271 filed 2/6/2012, is DENIED. The Delta Defendants Joint Motion To Dismiss Plaintiffs Third Amended Complaint 271 filed 2/6/2012, is GRANTED. Defendants Myrl Serra, Sherri Price, Unknown Representative (Patricia Kramer Estate), and Board of County Commissioners of Delta County, Colorado are DROPPED as defendants in this case, and the caption shall be AMENDED accordingly. By Judge Robert E. Blackburn on 9/24/2012.(cmacd, )
September 27, 2012
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ORDER denying with respect to Mr. Serra 266 Plaintiffs Motion for Sanctions Pursuant to Fed. R. Civ. P. Rule 11. By Magistrate Judge Kristen L. Mix on 9/27/12.(kfinn, )
November 13, 2012
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that 375 MOTION for Injunction be DENIED and that 388 MOTION for Hearing is a DENIED, by Magistrate Judge Kristen L. Mix on 11/13/2012. (klmcd, )
December 17, 2012
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MINUTE ORDER; Plaintiff's 415 Motion to Compel a Schedule Conference, Reset Timeline, Compel Disclosures, and Set Trial is DENIED in part and DENIED without prejudice in part, by Magistrate Judge Kristen L. Mix on 12/17/2012.(klmcd, )
March 6, 2013
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ORDER. The Recommendation of United States Magistrate Judge 414 is APPROVED and ADOPTED as an order of this court. The objections stated in plaintiff's objection 425 are OVERRULED. The plaintiff's Corrected Petition for Federal Injunction Pursuant to Fed. R. Civ. P. 65 375 is DENIED. By Judge Robert E. Blackburn on 3/6/13. (kfinn, )
March 6, 2013
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ORDER. The objections stated in Defendant Myrl Serra's Objection To Magistrate Mix's Order 301 are OVERRULED and DENIED; The objections stated in plaintiff's Contemporaneous Objection to the Courts Order 302 are OVERRULED and DENIED; The plaintiff's Motion for Reconsideration and Contemporaneous Objection to the Defendants' Responses to Plaintiffs Contemporaneous Objection to the Courts Order Denying Plaintiff's Motion 325 SHALL BE read as a reply to the defendants' responses to the plaintiff's objection 302, and not as a motion; and To the extent the plaintiff's Motion for Reconsideration and Contemporaneous Objection to the Defendants' Responses to Plaintiffs Contemporaneous Objection to the Courts Order Denying Plaintiff's Motion 325 has been treated as a pending motion on the court's docket, the motion is DENIED as moot. By Judge Robert E. Blackburn on 3/6/13. (kfinn, )
March 6, 2013
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ORDER. Defendants Fred McKee's and Bill Railey's Request for Clarification of Order Concerning Recommendation of United States Magistrate Judge 396 is GRANTED; That my order 390 is CLARIFIED to include my analysis, as stated in this order, of the objection 379 of defendants Fred McKee and Bill Railey; That on the basis outlined above, the objections stated in Defendants Fred McKee's and Bill Railey's Objection To Magistrate Judge Mix's Order 379, which actually is an objection to the Recommendation of United States Magistrate Judge 369, are OVERRULED. By Judge Robert E. Blackburn on 3/6/13. (kfinn, )
March 18, 2013
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ORDERED that 428 Motion for a Protection Order Pursuant to Fed. R. Civ. P. 26 and an Order Granting Mr. Carbajal Leave to Meet With His Investigator and Lead Assistant to Prepare Discovery and Conduct Depositions is DENIED in part, DENIED as moot in part, DENIED without prejudice in part, and GRANTED in part. On or before 4/1/2013, Defendants shall file a proposed protective order that addresses the confidentiality of Plaintiff's medical records and tax return information. On or before 4/15/2013, Plaintiff may file objections to the proposed protective order. Plaintiff shall produce the ordered documents and/or execute the required releases for production of ordered documents within fourteen days of the Court issuing a protective order regarding confidentiality of Plaintiff's records. No extension of these deadlines shall be granted absent exceptional circumstances. The Clerk of the Court is directed to maintain the following documents UNDER RESTRICTION at LEVEL 1:5 Docket Nos. 436-3, 436-4, 438-1. By Magistrate Judge Kristen L. Mix on 3/18/13. (kfinn, )
March 22, 2013
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MINUTE ORDER; 453 Motion to Compel is DENIED AS MOOT. 460 Motion for Extension of Time to Respond is a GRANTED, by Magistrate Judge Kristen L. Mix on 3/22/2013.(klmcd, )
April 2, 2013
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ORDER Denying Motion for Reconsideration. Plaintiff's Contemporaneous Objection To the Court's Order Adopting Recommendation of Magistrate Judge's Denial of Injunction [Doc. #414] [#463] read either as a motionunder FED. R. CIV. P. 60(b) or as a motion to reconsider, is DENIED. By Judge Robert E. Blackburn on 4/2/2013. (klyon, )
May 7, 2013
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MINUTE ORDER granting 479 Joint Motion to Exceed Seven (7) Hours for Taking Plaintiff's Deposition. By Magistrate Judge Kristen L. Mix on 5/7/2013.(klyon, )
May 7, 2013
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MINUTE ORDER granting 464 Motion for Protective Order by Magistrate Judge Kristen L. Mix on 05/07/2013. It is further ORDERED: Plaintiff shall produce the documents ordered by Order No. 459 and/or execute the required releases for productionof those documents on or before May 21, 2013. (klmcd)
May 7, 2013
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PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 05/07/2013. (klmcd)
May 14, 2013
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ORDER granting 451 Motion for Protective Order. The Notices [#451-2] issued by Plaintiff on 1/31/2013 are invalidated. The discovery deadline is extended to 7/31/2013. The dispositive motions deadline is extended to 8/30/2013. By Magistrate Judge Kristen L. Mix on 5/14/2013. (klyon, )
May 15, 2013
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ORDER denying 456 Motion for Protective Order. By Magistrate Judge Kristen L. Mix on 5/15/2013.(klyon, )
May 15, 2013
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ORDER granting 487 Joint Motion to Conduct Depositions of Incarcerated Inmate Plaintiff Pursuant to Fed. R. Civ. P. 30(a)(2)(B). By Magistrate Judge Kristen L. Mix on 5/15/2013.(klyon, )
May 15, 2013
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ORDER denying 482 Motion for an Order Directing the US Marshalls to Serve the Attach Subpoena Duces Tecum. By Magistrate Judge Kristen L. Mix on 5/15/2013.(klyon, )
June 4, 2013
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ORDER granting 495 Motion for Order Directing the US Marshals to Serve the Subpoena Duces Tecum. IT IS FURTHER ORDERED that the United States Marshal shall serve the subpoenas filed as part of the Motion, along with a copy of this Order. All costs of service shall be advanced by the United States. By Magistrate Judge Kristen L. Mix on 6/4/13. (mjgsl, )
July 26, 2013
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ORDER re: 502 MOTION for Sanctions for Plaintiff's Failure to Comply With an Order From This Court filed by Ed (I) Gruninger, Jeffrey (I) Watts. On or before 8/23/2013, Plaintiff shall either: (a) provide Defendants with signed and notarized copies of the releases ordered by the Court on 3/18/2013 [#459], or (b) file a Surreply to the Motion [#502] with a personaldeclaration signed under penalty of perjury pursuant to 28 U.S.C. § 1746 that outlines in detail Plaintiff's efforts to obtain notarization of the releases, as delineated by the Court in (1)-(4) of the Order. Failure to follow this Order may result in the imposition of sanctions, including the possibility of the dismissal of Defendants Watts and Gruninger from this action.If Plaintiff provides Defendants Watts and Gruninger with releases as a result of this Order, Defendants Watts and Gruninger shall timely file a Status Report regarding the sufficiency of Plaintiff's releases. By Magistrate Judge Kristen L. Mix on 7/26/2013. (klyon, )
October 11, 2013
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ORDER granting in part and denying in part 526 Joint Motion for Dismissal as Sanction Pursuant to Fed.R.Civ.P 37. Defendants shall file affidavits attesting to their reasonable expenses, including attorney's fees, on or before 10/28/2013. If Plaintiff contests the amount of expenses soughtby Defendants, he shall file a response to the affidavits on or before 11/14/2013. All discovery in this matter is STAYED until further order of the Court. By Magistrate Judge Kristen L. Mix on 10/11/2013.(klyon, )
November 18, 2013
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MINUTE ORDER: The initial Motion for Fees and Costs [#555] is DENIED as moot. Plaintiff's Motion to Extend [#570] is GRANTED. Plaintiff shall file responses to Defendants' Motions/Affidavits [#557, #558, #560, #564] onor before 12/6/2013. By Magistrate Judge Kristen L. Mix on 11/18/2013.(klyon, )
January 9, 2014
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MINUTE ORDER. ORDERED that the discovery Motions [#498, #500, #504, #505, #510, #521] are DENIED without prejudice, based on the stay of discovery entered in this matter on October 11, 2013. See Order [#553]. When and if the stay of discovery is removed, pending discovery motions may be timely refiled, if necessary, within thirty (30) days of the issuance of the order lifting the stay. ORDERED that the deadline Motions [#548, #550, #566] are GRANTED in part. The pending discovery and dispositive motions deadlines are VACATED. ORDERED that the fees Motions [#557, #564] are DENIED as moot based on the Court-ordered filing of amended Motions [#576, #577] by Magistrate Judge Kristen L. Mix on 01/09/14.(jjhsl, )
January 14, 2014
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ORDER. ORDERED that Plaintiffs Motion to Reconsider 562 is DENIED. ORDERED that Defendants Motions for Fees and Costs [558, 575, 576, 577] are GRANTED in part and DENIED without prejudice in part. ORDERED that Plaintiff shall make the payments due to Defendants, as listed above, on or before March 14, 2014. ORDERED that all discovery in this matter shall remain STAYED until further order of the Court by Magistrate Judge Kristen L. Mix on 01/14/14.(jjhsl, )
January 15, 2014
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VACATED - ORDER. ORDERED that the Motion [#502] is GRANTED in part and DENIED without prejudice in part. ORDERED that Defendants Watts and Gruninger shall file affidavits attesting to their reasonable expenses, including attorneys fees, on or before February 6, 2014. ORDERED that, if Plaintiff contests the amount of expenses sought by Defendants, he shall file a response to the affidavits on or before February 27, 2014. No reply will be permitted by Magistrate Judge Kristen L. Mix on 01/15/14.(jjhsl, ) Modified on 1/21/2014 to vacate pursuant to Minute Order dated 1/21/2014 (klyon, ).
February 13, 2014
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ORDER Overruling Plaintiff's Objections and Denying Motion to Reconsider. The objections stated in Plaintiff's Notice To the Court of the Clerk's Refusal To Mail Court Orders To the Plaintiff and Contemporaneous Objection To the Denial of Plaintiff's Motion to Compel Schedule Conference, Reset Timelines, Disclosures and Set Trial [#431] filed January 29, 2013, are OVERRULED. Under 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(a), the objections stated in Plaintiff Dean Carbajal's Contemporaneous Objection To Magistrate JudgeKristen Mix's Order [January 14, 2014] That Will Improperly Compel the Dismissal of an indigent Plaintiff's Case Due To Mr. Carbajal's Poverty and Inability To Pay Sanctions [#591] filed February 3, 2014, are OVERRULED. By Judge Robert E. Blackburn on 2/13/2014.(klyon, )
March 27, 2014
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ORDER Discharging 594 Order to Show Cause, Staying Case, and Closing Case Administratively. On or after May 1, 2014, but before May 15, 2014, the plaintiff, Dean Carbajal, MAY SEEK TO REOPEN this case by complying with the requirements stated in this Order. By Judge Robert E. Blackburn on 3/27/2014. (klyon, )
July 17, 2014
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ORDER Reopening Case and Staying Proceedings. Motion to Reopen Case 604 is Granted. Motion to Reopen Case 605 is Denied as Moot. The clerk is DIRECTED to reopen this civil action by Judge Robert E. Blackburn on 07/17/14.(jhawk, )
August 1, 2014
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MINUTE ORDER denying as moot 608 Motion For a Progression Order Compelling the Reopening of This Action, by Judge Robert E. Blackburn on 8/1/2014.(trlee, )
August 5, 2014
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MINUTE ORDER by Magistrate Judge Kristen L. Mix on 8/5/14. Joint Motion to Exceed Seven (7) Hours for Taking Plaintiff's Deposition 611 is GRANTED.(lgale)
October 22, 2014
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ORDER granting 617 Stipulated Motion for Dismissal with prejudice. Plaintiff's claims against defendant, Edward Gruninger, are DISMISSED WITH PREJUDICE, with each of the affected parties to pay its own attorney fees and costs. By Judge Robert E. Blackburn on 10/22/2014.(alowe)
November 24, 2014
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MINUTE ORDER granting 624 Motion to Strike [First] Motion to Withdraw; granting 620 [Second] Motion to Withdraw as Attorney. Attorney Jessica Runyan Allen terminated. By Magistrate Judge Kristen L. Mix on 11/24/2014.(alowe)
February 20, 2015
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MINUTE ORDER granting 634 Motion for Status Conference. Status Conference set for 3/5/2015 at 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Plaintiff's 630 Motion to Modify Scheduling Order and Deadlines is GRANTED. By Magistrate Judge Kristen L. Mix on 2/20/2015.(alowe)
February 26, 2015
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ORDER by Magistrate Judge Kristen L. Mix on 2/26/15. Motion for Leave to Have a Legal Box for Each of the Plaintiff's Cases That Are Presently being Litigated [#631] is DENIED without prejudice. (lgale, )
April 28, 2015
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ORDER: Denver Defendants' and Defendant Watts' Motions to Reassert [#645, #647] are GRANTED. Defendant Watts' Motion for Protective Order [#498] is DENIED. Denver Defendants' Motions to Quash [#504, #505] are GRANTED in part and DENIED in part. Plaintiff's Motion [#649] is GRANTED in part and DENIED in part. By Magistrate Judge Kristen L. Mix on 4/28/2015.(alowe)
July 2, 2015
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ORDER; 661 Motion to Quash Plaintiffs Subpoena to Produce Documents Directed at Sprint Telecommunications is GRANTED. The subpoena isquashed. Nonparty Sprint Telecommunications shall not produce documents in response to Plaintiffs subpoena served on it on June 11, 2013. See Proof of Service 536, by Magistrate Judge Kristen L. Mix on 7/2/15.(morti, )
July 20, 2015
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MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/20/15. #672 Motion for Protective Order is GRANTED in part and DENIED in part. (lgale, )
July 21, 2015
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ORDER by Magistrate Judge Kristen L. Mix on 7/21/15. Motion for Protective Order #663 is GRANTED in part and DENIED in part. Discovery due by 8/4/2015. (lgale, )
November 24, 2015
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ORDER; 653 Plaintiffs Motion to Compel Production and/or Entry of a Contempt Order is DENIED as moot. 659 Plaintiffs AmendedMotion for Leave to Have a Legal Box For Each of Plaintiffs Cases That He IsPresently Litigating Pro Se is DENIED without prejudice. 731 Plaintiffs Motion to Open Discovery is DENIED in part and DENIED without prejudice in part. 733 Plaintiffs Motion for Sanctions and Emergency Hearing is DENIED. IT IS FURTHER ORDERED that Defendants request to seek an award of attorneysfees and costs is GRANTED. Any such motion and supporting documentation shall be filed on or before December 8, 2015. 740 Plaintiffs Third Motion forExtension of Time is DENIED in part and DENIED as moot in part. 741 Plaintiff's Motion for Stay of Summary Judgment Proceedings Pending [sic] is DENIED as moot, by Magistrate Judge Kristen L. Mix on 11/24/15.(morti, )
December 21, 2015
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MINUTE ORDER granting 759 Motion to Strike Plaintiff's Response to Their Motion for Summary Judgment, by Magistrate Judge Kristen L. Mix on 12/21/2015. ORDERED that 755 Response to Motion and 761 Exhibits are STRICKEN. (slibi, )
February 17, 2016
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; The Court respectfully RECOMMENDS that the 694 MOTION for Summary Judgment filed by Defendants Carrol Warner (Warner), David Romero (Romero), and Joe Quintana(Quintana) (collectively, the State Defendants) be GRANTED, that 697 Defendant Watts' MOTION for Summary Judgment be GRANTED, that the 700 Denver Defendants' MOTION for Summary Judgment be GRANTED in part and DENIED in part and that the 714 Delta Defendants' Motion for Summary Judgment be GRANTED, by Magistrate Judge Kristen L. Mix on 2/17/16. (morti, )
February 29, 2016
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VACATED ORDER by Magistrate Judge Kristen L. Mix on 2/29/16. Motion for Attorney Fees Incurred in Responding to Plaintiff's Motion #756 is GRANTED.(lgale, ) Modified on 12/14/2016 vacated pursuant to the Order of 12/14/16 (jhawk, ).
March 29, 2016
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ORDER. ORDERED that the Recommendation of United States Magistrate Judge 783 is ACCEPTED in part and REJECTED in part as reflected in this Order. ORDERED that defendants Carrol Warner, David Romero, and Joe Quintana's Motion for Summary Judgment 694 is GRANTED. ORDERED that defendant Jeffrey Watts Motion for Summary Judgment 697 is GRANTED in part and DENIED in part as reflected in this Order. ORDERED that defendants Adam Barrett, Darin Desel, James Dixon, Jay Lopez, Gilberto Lucio, Michael O'Neill, Jesse Rembert, Joel Smith, Perry Speelman, and the City and County of Denver's Motion for Summary Judgment 700 is GRANTED in part and DENIED in part as reflected in this Order. ORDERED that defendants Bill Railey, Chris Weldon, Benjamin Schroeder, and Fred McKee's Motion for Summary Judgment 714 is GRANTED. ORDERED that defendants Carrol Warner, David Romero, Joe Quintana, Adam Barrett, Darin Desel, Jay Lopez, Jesse Rembert, Joel Smith, Perry Speelman, the Cityand County of Denver, Bill Railey, Chris Weldon, Benjamin Schroeder, and Fred McKee are dismissed from this lawsuit by Judge Philip A. Brimmer on 03/29/16.(jhawk, )
December 13, 2016
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ORDER. ORDERED that defendant Jeffrey Watts' Motion for Reconsideration of this Court's Order Dated March 29, 2016 from Defendant Watts 809 is granted in part and denied in part. ORDERED that defendant Jeffrey Watts is granted summary judgment on plaintiff's Fourth Amendment claim of excessive force. Signed by Judge Philip A. Brimmer on 12/13/16. (jhawk, )
December 14, 2016
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ORDER. ORDERED that the Delta Defendants and State Defendants' Joint Motion for Entry of Final Judgment 806 is DENIED. Signed by Judge Philip A. Brimmer on 12/14/16. (jhawk, )
December 14, 2016
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ORDER. ORDERED that plaintiff Dean Carbajal's Motion for an Evidentiary Hearing834 is DENIED. Signed by Judge Philip A. Brimmer on 12/14/16. (jhawk, )
December 14, 2016
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ORDER. ORDERED that Plaintiff's Contemporaneous Objection to Magistrate Judge's Order Granting Attorney Fees 800 is SUSTAINED. ORDERED that the attorneys fee award, see Docket No. 786, is VACATED. Signed by Judge Philip A. Brimmer on 12/14/16. (jhawk, )
December 14, 2016
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ORDER. ORDERED that plaintiff Dean Carbajal's Motion to Reconsider the Court's Abusive and Unfair Denial of Extensions of Time and Improper Grant of Summary Based on the Fraudulent Misrepresentation of Facts and Concealment of Material Evidence Supporting Liability 811 is DENIED. Signed by Judge Philip A. Brimmer on 12/14/16. (jhawk, )
December 16, 2016
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ORDER. ORDERED that the Denver defendants' Motion to Strike Untimely Expert Designations 855 is granted. ORDERED that Dan Montgomery, Charlie Garcia, Al LaCabe, and Perry Speelman are struck from plaintiff's list of expert witnesses, see Docket Nos. 853, 873, and plaintiff is precluded from calling them as experts. ORDERED that the Denver defendants Motion in Limine 868 is granted in part. ORDERED that plaintiff is precluded from calling Angela Hunt, David Cooperstein, Darin Desel, Charlie Garcia, Robert White, Gerald Whitman, Dan Montgomery, and Andrew Keefer. Signed by Judge Philip A. Brimmer on 12/16/16. (jhawk, )
December 19, 2016
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ORDER. ORDERED that the Motion for an Order Directing the Clerk of Court to Stamp the Attached Subpoenas and the Marshals to Effectuate Service 869 is denied without prejudice. The Court will reconsider the issue upon Mr. Carbajal's tender of witness fees and mileage. Signed by Judge Philip A. Brimmer on 12/19/16. (jhawk, )
January 4, 2017
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ORDER. Plaintiff's Motion for Reconsideration and Contemporaneous Objection to the Court's Intentional Violation of his First and Fourteenth Amendment Rights 899 is granted. Plaintiff's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 900 is granted. The Clerk of the Court shall issue trial subpoenas for the date the trial is reset. The United States Marshals Service for the District of Colorado shall serve the subpoenas issued herein. The witness fees, mileage and subsistence of said witnesses shall be paid by plaintiff Dean Carbajal. By Judge Philip A. Brimmer on 1/4/17. (pabsec)
February 1, 2017
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ORDER. Plaintiff Dean Carbajal's Motion for Change of Judge Based on the Recent Discovery of Judge Philip Brimmer's Extrajudicial Bias 904 is denied. Signed by Judge Philip A. Brimmer on 02/01/17. (jhawk, )
February 8, 2017
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ORDER. ORDERED that the Denver Defendants' Motion to Exclude Undisclosed Trial Witness Chris Maurez 896 is denied without prejudice. Signed by Judge Philip A. Brimmer on 02/08/17. (jhawk, )
June 19, 2017
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ORDER. ORDERED that Mr. Carbajals Contemporaneous Objection to the Courts Order [# 902] Denying Advancement of Witness Fees Without the Proper Consideration for its Inherent Authority and Rule 614(a) and 706(b) Fed. R. Evid. 920, construed as a motion for reconsideration, is denied. Signed by Judge Philip A. Brimmer on 06/19/17. (jhawk, )
June 28, 2017
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ORDER denying 908 Motion for Leave to Present Telephonic or Video Testimony of Martin Carbajal at Trial by Judge Philip A. Brimmer on 6/28/17. (dkals, )
June 28, 2017
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ORDER denying 905 Notice to Court of Fraud and Motion to Reopen Case Against State Defendants by Judge Philip A. Brimmer on 6/28/17. (dkals, )