Antoine v. Colorado, State of, et al

Federal Civil Lawsuit Colorado District Court, Case No. 1:03-cv-02449-WYD-PAC
District Judge Wiley Y. Daniel, presiding
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Summary

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Parties
No Logo Edward Lawrence Antoine, Plaintiff
v.
No Logo Barkman Propert Management Reality Limited, Defendant

Represented by Tschetter Hamrick Sulzer, PC

Name Phone Fax E-Mail
Space Peter Edward Muccio +1 303 699 3484 +4490 449 449 0160 pm@htspc.com
No Logo Colorado Department of Human Services, Defendant

Represented by hanniganlawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Danielle Leah Moore +1 303 952 8800 +1 303 952 8808 dlm@hanniganlawfirm.com
No Logo Colorado, State of, Defendant

Represented by hanniganlawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Danielle Leah Moore +1 303 952 8800 +1 303 952 8808 dlm@hanniganlawfirm.com
No Logo Mental Health Corporation of Denver (MHCD), Defendant

Represented by Holme Roberts & Owen LLP

Name Phone Fax E-Mail
Space Donald Iain Junor Kelso +1 303 861 7000 +1 303 866 0200 donald.kelso@hro.com
Attributes
Office Denver
Filed 12/3/2003
Jury Demand None
Demand $750000
Nature of Suit 443 - Civil Rights: Housing/Accommodations
Cause Section 28 U.S.C. § 1331 Federal Question
Jurisdiction Federal Question
Disposition Dismissed - Lack of Jurisdiction
County Jefferson
Terminated 9/15/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 04-1393[]
Def Custody Status
Flag TERMED
Timeline
  Entries (63) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 6/17/2005, Entered: 6/17/2005 Appeal Record Returned
Appeal Record Returned: original file returned re: [48] Notice of Appeal. (djs, )
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Blank 56 Filed: 3/21/2005, Entered: 3/22/2005 USCA Mandate
MANDATE of USCA issued on 3/21/05 as to [48] Notice of Appeal filed by Edward Lawrence Antoine. USCA order on 3/18/05 dismissing the appeal for lack of prosecution. Appeal Record Return due by 7/21/2005. (djs, )
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Blank 55 Filed: 12/8/2004, Entered: 12/10/2004 Notice of Attorney Substitution
NOTICE OF ATTORNEY SUBSTITUTION : terminating Joseph Quintus Lynch and substituting Danielle Leah Moore for Colorado Department of Human Services and Colorado, State of. (erv, )
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Blank 54 Filed: 10/29/2004, Entered: 11/2/2004 Letter re Appeal
LETTER re Appeal from USCA to appellant advising him he has 40 days to either pay $255 filing fee in USDC or file 1915 motion in USCA as to [48] Notice of Appeal; (djs, )
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Blank 53 Filed: 10/27/2004, Entered: 10/27/2004 Appeal Record Sent to USCA
Original file transmitted to the Court of Appeals for their use in determining fee status (appeal [48-1] ) (djs) (Text Modified on 11/4/2004 to indicate original file transmitted) (gms, ).
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Blank 52 Filed: 10/26/2004, Entered: 10/27/2004 OrderCourt Filing
ORDER by Judge Wiley Y. Daniel denying motion for leave to appeal Under 28 U.S.C. 1915 [51-1] regarding [48-1] appeal (cc: all counsel) ; entry date : 10/27/04 (djs)
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Blank 51 Filed: 10/21/2004, Entered: 10/22/2004, Terminated: 10/26/2004 Motion for Leave to Appeal In Forma Pauperis
MOTION by plaintiff for leave to appeal Under 28 U.S.C. 1915 (djs)
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Blank -- Filed: 10/5/2004, Entered: 10/7/2004 Mail Returned
MAIL Returned appeal [48-1] addressed to plaintiff Edward Lawrence Antoine. (djs)
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Blank 50 Filed: 9/30/2004, Entered: 9/30/2004 OrderCourt Filing
ORDER by Judge Wiley Y. Daniel. Plaintiff to either pay filing fee or file 1915 motion on proper form withing 30 days. regarding [48-1] appeal (cc: all counsel) ; entry date : 9/30/04 (djs)
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Blank 49 Filed: 9/29/2004, Entered: 9/29/2004 USCA Case Number
NOTIFICATION by Circuit Court of assignment of Case No. [48-1] 04-1393 filing fee or proper 1915 motion must be filed w/in 30 days. (djs)
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Blank 48 Filed: 9/27/2004, Entered: 9/28/2004 Notice of Appeal
NOTICE OF APPEAL by plaintiff, he does not state what document he is appealing from (judgment [47-2]) ; Notice of transcript order form due 10/7/04 ; Notice mailed to all counsel on 9/28/04 (djs)
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Blank 47 Filed: 9/15/2004, Entered: 9/15/2004 Judgment*Court Filing
JUDGMENT: by Clerk Gregory C. Langham Pursuant to and in accordance with the [45-1] Order Affirming and Adopting United States Magistrate Judge's Recommendation, filed 9/14/04 by the Honorable Wiley Y. Daniel, United States District Court Judge, and incorporated herein by reference as if fully set forth, it is ORDERED that jgm is hereby entered in favor of Dfts State of Colorado: Housing Authority; Colorado Dept of Human Services; Mental Health Corporation of Denver (MHCD); and Barkman Property Management Reality Limited, and against Pla, Edward Lawrence Antoine. on Dfts Motions to Dismiss insofar as they seek dismissal of Pla's Federal-law claims. It is Further ORDERED that Pla's state-law claims are dismissed without prejudice since the Court declines to exercise supplemental jurisdiction over them. It is Further ORDERED that Pla's complaint and action are Dismissed dismissing case (cc: all counsel) ; entry date : 9/15/04 (erv)
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Blank 46 Filed: 9/14/2004, Entered: 9/15/2004 OrderCourt Filing
MINUTE ORDER : by Judge Wiley Y. Daniel ; five jury trial set for 9:00 11/28/05 ; Trial prep conference set for 10:00 11/10/05 regarding Dft Traveler's [41-2] motion for summary judgment and restatement of request for relief, refer to D.C.COLO.LCivR 56.1 for deadlines relating to the filing of the response and reply brief (cc: all counsel) ; date : 9/15/04 (erv)
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Blank 45 Filed: 9/14/2004, Entered: 9/15/2004 OrderCourt Filing
ORDER by Judge Wiley Y. Daniel ADOPT [43-1] Magistrate's Recommendation in full, for the reasons stated in the recommendation. GRANTING Dft MHCD, Barkman Property Management, and State Dfts motions to dismiss for failure to state a claim and plead fraud [15-1], motion to dismiss [17-1], and motion to dismiss for lack of jurisdiction insofar as they seek dismissa; of Pla's federal-law claims. It is Further ORDERED that Pla's state law claims are DISMISSED WITHOUT PREJUDICE since I decline to exercise supplemental jurisdiction over them. [20-1], It is Further ORDERED that Pla's motion to continue judicial consideration response to combine Dfts Motion to Dismiss is DENIED to the extent that it requests ithat the Court not to grant Dfts Motion to Dismiss. [23-1], It is Further ORDERED that Pla's motion for summary judgment restatement of request for relief, is DENIED [29-1], It is Further ORDERED that MHCD's Motion to Strike Pla's Restatement of request for relief is DENIED [29-1] [32-1], DENYING WITHOUT PREJUDICE Dft Barkman's Cross motion for summary judgment [34-1] (cc: all counsel) ; entry date : 9/15/04 (erv)
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Blank 44 Filed: 9/8/2004, Entered: 9/10/2004 Objection to Report and Recommendations
OBJECTIONS by plaintiff Edward Lawrence Antoine to Magistrate's Recommendation [43-1] (erv)
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Blank 43 Filed: 8/25/2004, Entered: 8/27/2004, Terminated: 9/14/2004 Report and RecommendationsCourt Filing
MAGISTRATE'S RECOMMENDATION Dft MHCD, Barkman, State Dfts M/Dism be Granted; Pla's clm under Fed law be Dism, state law clm be Dism Without Prej, Pla M/Cont be Denied, Pla M/Sum Jgm be Denied, MHCD M/Str be Denied, Barkman's Cross M/Sum Jgm be Denied Without Prej by Magistrate Judge Patricia A. Coan concerning motion to dismiss for to state a claim and plead fraud [15-1], motion to dismiss [17-1], motion to dismiss for lack of jurisdiction [20-1], motion to continue judicial consideration response to combine Dfts Motion to Dismiss [23-1], motion for summary judgment [29-1], motion to strike Pla's restatement of request for relief [29-1] [32-1], motion for summary judgment [34-1] ; (cc: all counsel) ; entry date : 8/27/04 (erv)
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Blank 42 Filed: 8/23/2004, Entered: 8/24/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan DISCHARGING order to show cause [40-1], granting Pla's motion for order to rest Pla case of submitted documents of evidence submitted to the court 4/26/04 [41-1], regarding Pla's [41-2] motion for summary judgment and restatement of request for relief as Pla's response to Dfts Barkman's Cross Motion for Sum Jgm (cc: all counsel) ; entry date : 8/24/04 (erv)
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Blank 41 Filed: 8/16/2004, Entered: 8/18/2004 Motion for Order
MOTION by plaintiff Edward Lawrence Antoine for order to rest Pla case of submitted documents of evidence submitted to the court 4/26/04 , and for summary judgment and restatement of request for relief (erv)
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Blank 41 Filed: 8/16/2004, Entered: 8/18/2004 Response to Order to Show Cause
Response to ORDER to show cause by plaintiff Edward Lawrence Antoine [40-1] (erv)
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Blank 40 Filed: 8/2/2004, Entered: 8/3/2004, Terminated: 8/23/2004 Order to Show Cause Court Filing
ORDER TO SHOW CAUSE: by Magistrate Judge Patricia A. Coan returnable 8/18/04 by Pla shall show cause in writing why the court should not recommend that this case be dismissed for failure to prosecute (cc: all counsel) (erv)
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Blank 39 Filed: 6/29/2004, Entered: 7/1/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding Dft Barkman's [34-1] motion for summary judgment Pla's response is due 7/22/04 (cc: all counsel) ; entry date : 7/1/04 (erv)
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Blank 38 Filed: 6/9/2004, Entered: 6/10/2004 Notice of Change of Address
NOTICE of Change of Address of Edward Antoine by plaintiff Edward Lawrence Antoine (erv)
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Blank 37 Filed: 5/21/2004, Entered: 5/24/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding Dft Barkman's Cross [34-1] motion for summary judgment; Pla's response is due 6/10/04 (cc: all counsel) ; entry date : 5/24/04 (erv)
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Blank 36 Filed: 5/18/2004, Entered: 5/19/2004 Brief
BRIEF FILED by defendant Barkman Prop Mgmt motion response to Pla's Motion for Sum Jgm and request for relief[34-1], and in support of cross-motion for summary judgment [34-1] (erv)
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Blank 35 Filed: 5/18/2004, Entered: 5/19/2004 Response to Motion
RESPONSE by defendant Colorado, State of, defendant CO Dept Human Svcs, defendant Mental Hlth Corp Dnv to motion for summary judgment [29-1] (erv)
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Blank 34 Filed: 5/18/2004, Entered: 5/19/2004 Motion for Summary Judgment
Cross-MOTION by defendant Barkman Prop Mgmt for summary judgment (erv)
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Blank 34 Filed: 5/18/2004, Entered: 5/19/2004 Response to Motion
RESPONSE by defendant Barkman Prop Mgmt to motion for summary judgment [29-1] and request for relief (erv)
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Blank 33 Filed: 5/14/2004, Entered: 5/14/2004 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Patricia A. Coan the motion to strike Pla's restatement of request for relief [29-1] [32-1] (erv)
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Blank 32 Filed: 5/13/2004, Entered: 5/14/2004 Motion to Strike
MOTION by defendant Mental Hlth Corp Dnv to strike Pla's restatement of request for relief [29-1] (erv)
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Blank 32 Filed: 5/13/2004, Entered: 5/14/2004 Response to Motion
RESPONSE by defendant Mental Hlth Corp Dnv to motion for summary judgment [29-1] (erv)
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Blank 31 Filed: 4/29/2004, Entered: 4/29/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding [29-1] motion for summary judgment; Dfts' responses are due on or before 5/18/04 (cc: all counsel) ; entry date : 4/29/04 (erv)
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Blank 30 Filed: 4/26/2004, Entered: 4/28/2004 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Patricia A. Coan the motion for summary judgment and request for relief [29-1] (erv)
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Blank 29 Filed: 4/26/2004, Entered: 4/26/2004, Terminated: 9/14/2004 Motion for Summary Judgment
MOTION by plaintiff Edward Lawrence Antoine for summary judgment and to reinstate request for relief (erv)
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Blank 28 Filed: 3/17/2004, Entered: 3/18/2004 Certificate of Mailing
CERTIFICATE MAILING BY CLERK OF minutes order 3/12/04 [27-2] (erv)
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Blank 27 Filed: 3/12/2004, Entered: 3/15/2004 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES AND MINUTE ORDER by Magistrate Judge Patricia A. Coan ; rule 16 conf held on 3/12/04 regarding [20-1] motion to dismiss for lack of jurisdiction; Pla's further response is due on or before 3/31/04 ; entry date : 3/15/04 Court Reporter: FTR (cc: all counsel) (erv)
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Blank 26 Filed: 3/10/2004, Entered: 3/11/2004 Notice of Entry of Appearance
ATTORNEY APPEARANCE for defendant Mental Hlth Corp Dnv by Donald Iain Junor Kelso (erv) Modified on 03/12/2004
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Blank 25 Filed: 3/8/2004, Entered: 3/9/2004 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Patricia A. Coan the motion to continue judicial consideration response to combine Dfts Motion to Dismiss [23-1] (erv) Modified on 03/12/2004
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Blank 24 Filed: 3/8/2004, Entered: 3/9/2004 Certificate
CERTIFICATE of mailing by plaintiff Edward Lawrence Antoine re: response to Motion to Dismiss (erv)
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Blank 23 Filed: 3/8/2004, Entered: 3/9/2004 Response to Motion
RESPONSE by plaintiff Edward Lawrence Antoine to motion to dismiss for lack of jurisdiction [20-1] (erv)
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Blank 23 Filed: 3/8/2004, Entered: 3/9/2004 Motion to Continue
MOTION by plaintiff Edward Lawrence Antoine to continue judicial consideration response to combine Dfts Motion to Dismiss (erv)
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Blank 22 Filed: 2/27/2004, Entered: 3/1/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding State Dfts' [20-1] motion to dismiss for lack of jurisdiction; Pla shall respond on or before 3/24/04 (cc: all counsel) ; entry date : 3/1/04 (erv)
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Blank 21 Filed: 2/26/2004, Entered: 2/27/2004 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Patricia A. Coan the State Dfts' motion to dismiss lack of jurisdiction [20-1] (erv)
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Blank 20 Filed: 2/25/2004, Entered: 2/26/2004 Motion to Dismiss
MOTION by defendant Colorado, State of, defendant CO Dept Human Svcs to dismiss for lack of jurisdiction (erv)
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Blank 19 Filed: 2/24/2004, Entered: 2/25/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding Dft Barkman's [17-1] motion to dismiss; Pla's response is due on or before 3/16/04 (cc: all counsel) ; entry date : 2/25/04 (erv)
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Blank 18 Filed: 2/23/2004, Entered: 2/24/2004 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Patricia A. Coan the Dft Barkman's motion to dismiss [17-1] (erv)
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Blank 17 Filed: 2/20/2004, Entered: 2/23/2004 Motion to Dismiss
MOTION by defendant Barkman Prop Mgmt to dismiss (erv)
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Blank 16 Filed: 2/12/2004, Entered: 2/13/2004 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Patricia A. Coan the motion to dismiss failure to state a claim and plead fraud [15-1] (erv)
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Blank 15 Filed: 2/12/2004, Entered: 2/13/2004 Motion to Dismiss
MOTION by defendant Mental Hlth Corp Dnv to dismiss for failure to state a claim and plead fraud (erv)
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Blank 14 Filed: 2/12/2004, Entered: 2/13/2004 OrderCourt Filing
ORDER by Judge Wiley Y. Daniel striking answer filed by Kurt Barkman with leave to refile [13-1] (cc: all counsel) ; entry date : 2/13/04 (erv)
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Blank 13 Filed: 2/10/2004, Entered: 2/11/2004 Answer
ANSWER by defendant Barkman Prop Mgmt to complaint [1-1] (erv)
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Blank 12 Filed: 2/3/2004, Entered: 2/4/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion for extension of time to answer or respond to complaint to: 2/25/04 [9-1] (cc: all counsel) ; entry date : 2/4/04 (gms)
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Blank 11 Filed: 2/3/2004, Entered: 2/4/2004 Rule 16 ConferenceCourt Filing
ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Patricia A. Coan ; Rule 16 conference set for 11:00 3/11/04 (cc: all counsel) (gms)
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Blank 10 Filed: 2/2/2004, Entered: 2/2/2004 MemorandumCourt Filing
MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge Patricia A. Coan the motion for extension of time to answer or respond to complaint to: 2/25/04 [9-1] (gms)
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Blank 9 Filed: 1/30/2004, Entered: 2/2/2004, Terminated: 2/3/2004 Motion for Extension of Time to File Answer
Unopposed MOTION by dfts Colorado, State of, CO Dept Human Svcs for extension of time to answer or respond to complaint to: 2/25/04 (gms)
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Blank 8 Filed: 1/28/2004, Entered: 1/29/2004 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Barkman Prop Mgmt on 1/23/04 by leaving with: Kristi Creason, Admin Asst (gms)
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Blank 7 Filed: 1/28/2004, Entered: 1/29/2004 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Mental Hlth Corp Dnv on 1/23/04 by leaving with: Kelly Lieber, Receptionist (gms)
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Blank 6 Filed: 1/28/2004, Entered: 1/29/2004 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant CO Dept Human Svcs on 1/23/04 by leaving with: Cynthia Ross, Admin Asst. (gms)
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Blank 5 Filed: 1/28/2004, Entered: 1/29/2004 Summons Returned Executed
RETURN OF SERVICE of Summons and Complaint upon defendant Colorado, State of on 1/16/04 by leaving with: Lisa Toney, Receptionist at Colorado Atty General (gms)
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Blank 4 Filed: 1/9/2004, Entered: 1/13/2004 OrderCourt Filing
ORDER by Judge Wiley Y. Daniel granting motion for order to have the US Marshal's Serve Complaint [2-1] (cc: all counsel) ; entry date : 1/13/04 (bpm)
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Blank 3 Filed: 12/18/2003, Entered: 12/19/2003 Order Referring Case to Magistrate JudgeCourt Filing
ORDER R16,stat,stlmt,pt,mtnrec,pto Case referred to Magistrate Judge Patricia A. Coan by Judge Wiley Y. (cc: to counsel) (erv)
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Blank 2 Filed: 12/3/2003, Entered: 12/11/2003, Terminated: 1/9/2004 Motion for Order
MOTION by plaintiff Edward Lawrence Antoine for order to have the US Marshal's Serve Complaint (erv) Modified on 01/06/2004
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Blank 1 Filed: 12/3/2003, Entered: 12/4/2003 Complaint
COMPLAINT (Summons(es) issued) (bpm)
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Blank -- Filed: 12/3/2003, Entered: 12/4/2003 Filing Fee Received
FILING FEE PAID: on 12/3/03 in the amount of $ 150, receipt # 248166. (bpm)
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