USCA ORDER of U.S. Court of Appeals - IFP as to 91 Notice of Appeal, filed by Douglas A. Glaser. Appellant to pay filing fee to clerk of U.S. District Court. Custodian, within 30 days, to pay clerk of U.S. District Court an amount equal to 20% of greater of average monthly deposits or average monthly balance. Monthly payments due thereafter. (dbrow, ) (Entered: 06/14/2013)
TRANSMITTAL OF RECORD ON APPEAL to the U.S. Court of Appeals for the Tenth Circuit as to 91 Notice of Appeal, filed by Douglas A. Glaser. Volume I - Electronic Documents. (USCA Case No. 13-1165). Text Only Entry (lswsl ) (Entered: 05/16/2013)
USCA LETTER re 91 Notice of Appeal, filed by Douglas A. Glaser. Briefing schedule has been set. (USCA Case No. 13-1165) (lswsl ) Modified on 5/9/2013 to add description(lswsl ). (Entered: 05/08/2013)
ORDER denying 95 Motion for Leave to Appeal in Forma Pauperis re 91 Notice of Appeal, by Judge R. Brooke Jackson on 5/8/13.(lswsl ) (Entered: 05/08/2013)
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 91 Notice of Appeal, filed by Douglas A. Glaser to the U.S. Court of Appeals. (Pro Se, Fee not paid and 1915 motion not filed) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(lswsl ) (Entered: 04/23/2013)
ORDER denying 88 Motion to Appoint Counsel. On April 8, 2013, Final Judgment was entered in favor of Defendants (# 87 ). As a result, all claims were dismissed and the case was terminated. Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED. By Magistrate Judge Kristen L. Mix on 04/23/13. (alvsl, ) (Entered: 04/23/2013)
NOTICE OF APPEAL as to 86 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss Party, Order on Report and Recommendations, Order on Appeal of Magistrate Judge Decision to District Court, by Plaintiff Douglas A. Glaser. (lswsl ) (Entered: 04/23/2013)
MEMORANDUM regarding 88 MOTION to Appoint Counsel filed by Douglas A. Glaser. Motion 88 is referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 04/23/2013. Text Only Entry (rbjsec. ) (Entered: 04/23/2013)
FINAL JUDGMENT in favor of Defendants and against Plaintiff, re: 86 Order. This case and all claims therein are dismissed, either with or without prejudice as specified in this Order. As the prevailing parties, defendants are awarded their reasonable costs pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. The Court declines to award attorney's fees. By Edward P. Butler, Deputy Clerk on 04/08/13. (alvsl) (Entered: 04/08/2013)
ORDER. Motion # 19 is GRANTED to the extent that all claims against the Denver Defendants are dismissed. Claims 1-5, 10, 12-13, 16, and 17 are dismissed with prejudice. Claims 6-9, 11, 14 and 15 are dismissed without prejudice, except that to th e extent those claims were asserted against individuals in their official capacities, they are dismissed with prejudice. Motion # 36 is GRANTED to the extent that all claims against the Denver DA Defendants are dismissed. With the exception of cla im 15, all claims against the Denver DA Defendants in both their individual and official capacities are dismissed with prejudice. Claim 15 is dismissed with prejudice as to these defendants' official capacities but without prejudice in their individual capacities. Motion # 43 is GRANTED to the extent that all claims against defendants Anne Mansfield and Rhea Babcock are dismissed. All claims against Judge Mansfield are dismissed with prejudice. Claims 1-5, 10, 16 and 18 asserted aga inst Ms. Babcock are dismissed with prejudice. Claims 6-9 and 11 asserted against Ms. Babcock are dismissed with prejudice in her official capacity and without prejudice in her individual capacity. Motion # 47 is GRANTED to the extent that the cla im against Rick Flores (included in claim 6) is dismissed. It is dismissed with prejudice in his official capacity and without prejudice in his individual capacity. Motion # 51 is GRANTED to the extent that all claims against Joe Joyce are dismis sed. Claims 1-5 and 16 against defendant Joe Joyce are dismissed with prejudice in both his individual and official capacities. Claims 6-8 and 15 are dismissed with prejudice in his official capacity but without prejudice in his individual capaci ty. Claim 19 is dismissed with prejudice as against all served defendants in all capacities. To any extent not otherwise specified, all claims asserted against individual defendants in their "official capacity" are dismissed with preju dice. The claims against defendants Matt McQueen, Ray Willis Mannon and Douglas Pritchard, who were never served with the summons and complaint, are dismissed without prejudice for failure to prosecute. Recommendation # 74 is ACCEPTED in part, su bject to the comments in this order. Objections ## 76 , 77 , 78 , and 79 are GRANTED IN PART and DENIED IN PART. Objection # 80 is DENIED. In summary, the Court directs that final judgment be entered dismissing this case and all claims there in, either with or without prejudice as specified in this Order. As the prevailing parties defendants are awarded their reasonable costs pursuant to Fed. R. Civ. P. 54(d) (1) and D.C.COLO.LCivR 54.1. The Court finds that because many of the claims asserted have been asserted in previous lawsuits filed by Mr. Glaser, and to some extend dismissed with prejudice by other judges in this court, the filing and maintenance of this case have in large part been substantially groundless, frivolous and vexatious. In recognition of Mr. Glaser's pro se and incarcerated status, the Court declines to award attorney's fees. If he files the same claims against the same defendants in a new lawsuit in the future, he should not expect that result again. By Judge R. Brooke Jackson on 04/05/13. (alvsl)
86
Filed: 4/5/2013, Entered: None
ORDER. Motion # 19 is GRANTED to the extent that all claims against the Denver Defendants are dismissed. Claims 1-5, 10, 12-13, 16, and 17 are dismissed with prejudice. Claims 6-9, 11, 14 and 15 are dismissed without prejudice, except that to the extent those claims were asserted against individuals in their official capacities, they are dismissed with prejudice. Motion # 36 is GRANTED to the extent that all claims against the Denver DA Defendants are dismissed. With the exception of claim 15, all claims against the Denver DA Defendants in both their individual and official capacities are dismissed with prejudice. Claim 15 is dismissed with prejudice as to these defendants' official capacities but without prejudice in their individual capacities. Motion # 43 is GRANTED to the extent that all claims against defendants Anne Mansfield and Rhea Babcock are dismissed. All claims against Judge Mansfield are dismissed with prejudice. Claims 1-5, 10, 16 and 18 asserted against Ms. Babcock are dismissed with prejudice. Claims 6-9 and 11 asserted against Ms. Babcock are dismissed with prejudice in her official capacity and without prejudice in her individual capacity. Motion # 47 is GRANTED to the extent that the claim against Rick Flores (included in claim 6) is dismissed. It is dismissed with prejudice in his official capacity and without prejudice in his individual capacity. Motion # 51 is GRANTED to the extent that all claims against Joe Joyce are dismissed. Claims 1-5 and 16 against defendant Joe Joyce are dismissed with prejudice in both his individual and official capacities. Claims 6-8 and 15 are dismissed with prejudice in his official capacity but without prejudice in his individual capacity. Claim 19 is dismissed with prejudice as against all served defendants in all capacities. To any extent not otherwise specified, all claims asserted against individual defendants in their "official capacity" are dismissed with prejudice. The claims against defendants Matt McQueen, Ray Willis Mannon and Douglas Pritchard, who were never served with the summons and complaint, are dismissed without prejudice for failure to prosecute. Recommendation # 74 is ACCEPTED in part, subject to the comments in this order. Objections ## 76 , 77 , 78 , and 79 are GRANTED IN PART and DENIED IN PART. Objection # 80 is DENIED. In summary, the Court directs that final judgment be entered dismissing this case and all claims therein, either with or without prejudice as specified in this Order. As the prevailing parties defendants are awarded their reasonable costs pursuant to Fed. R. Civ. P. 54(d) (1) and D.C.COLO.LCivR 54.1. The Court finds that because many of the claims asserted have been asserted in previous lawsuits filed by Mr. Glaser, and to some extend dismissed with prejudice by other judges in this court, the filing and maintenance of this case have in large part been substantially groundless, frivolous and vexatious. In recognition of Mr. Glaser's pro se and incarcerated status, the Court declines to award attorney's fees. If he files the same claims against the same defendants in a new lawsuit in the future, he should not expect that result again. By Judge R. Brooke Jackson on 04/05/13. (alvsl) (Entered: 04/05/2013)
RESPONSE to Plaintiff's 80 Objection to 74 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE filed by Defendants Rhea Babcock, Rhea (I) Babcock, Anne Mansfield, Anne (I) Mansfield. (Spalding, Kathleen) (Modified on 4/2/2013 corrected the linkage to 80 , and the filers)(ervsl, ). (Entered: 04/01/2013)
RESPONSE to Plaintiff's 80 Objection to 74 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Joyce, Joe (I) Joyce. (Padden, Amy) (Modified on 4/2/2013 corrected the link to 80 and filer)(ervsl, ). (Entered: 04/01/2013)
RESPONSE to Plaintiff's 80 Objection to 74 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE filed by Defendants Rick Flores, Rick (I) Flores. (Padden, Amy) (Modified on 4/2/2013 corrected the linkage to 80 and filer)(ervsl, ). (Entered: 04/01/2013)
RESPONSE to Plaintiff's Objection re 80 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE filed by Defendants Mark Beveridge, Mark (I) Beveridge, Matthew Church, Matthew (I) Church, City and County of Denver Colorado, The, Brian Crame, Brian (I) Crame, Mark Dalvit, Mark (I) Dalvit, Troy Edwards, Troy (I) Edwards, Kevin Frazer, Kevin (I) Frazer, Robert Freund, Robert (I) Freund, Brian Gordon, Brian (I) Gordon, Matthew Grimsley, Matthew (I) Grimsley, Sharon Hughes, Sharon (I) Hughes, David Iverson, David (I) Iverson, Carrie Maestas, Carrie (I) Maestas, Kelly Ohu, Kelly (I) Ohu, Erik Reidmuller, Erik (I) Reidmuller, Robert Rock, Robert (I) Rock, Ruben Rojas, Ruben (I) Rojas, Mark Schonk, Mark (I) Schonk, Mike Schwartz, Mike (I) Schwartz, David Smith, David (I) Smith, Joshua Valerio, Joshua (I) Valerio, Alfredo Ybarra, Alfredo (I) Ybarra. (Fasing, Suzanne) (Modified on 4/2/2013 corrected the linkage to the Plaintiff's 80 Objection)(ervsl, ). (Entered: 04/01/2013)
RESPONSE to 80 Plaintiff's Objection to 74 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, filed by Denver DA Defendants Phillip Geigle, Phillip (I) Geigle, David Karpel, David (I) Karpel, Kenneth Laff, Kenneth (I) Laff, Joe Morales, Joe (I) Morales, Mitch Morrissey, Mitch (I) Morrissey, Andy Shopneck, Andy (I) Shopneck. (Ringel, Andrew) (Modified on 4/2/2013 Corrected the linkage to the Plaintiff's Objection)(ervsl, ). (Entered: 04/01/2013)
OBJECTION to 74 Report and Recommendations (Titled: Motion for Reconsideration of Court's Recommendation), filed by Plaintiff Douglas A. Glaser. (alvsl) (Entered: 03/18/2013)
OBJECTION to 74 Report and Recommendations of the U.S. Magistrate Judge dated February 28, 2013 filed by Defendants Mark Beveridge, Mark (I) Beveridge, Matthew Church, Matthew (I) Church, City and County of Denver Colorado, The, Brian Crame, Brian (I) Crame, Mark Dalvit, Mark (I) Dalvit, Troy Edwards, Troy (I) Edwards, Kevin Frazer, Kevin (I) Frazer, Robert Freund, Robert (I) Freund, Brian Gordon, Brian (I) Gordon, Matthew Grimsley, Matthew (I) Grimsley, Sharon Hughes, Sharon (I) Hughes, David Iverson, David (I) Iverson, Carrie Maestas, Carrie (I) Maestas, Kelly Ohu, Kelly (I) Ohu, Erik Reidmuller, Erik (I) Reidmuller, Robert Rock, Robert (I) Rock, Ruben Rojas, Ruben (I) Rojas, Mark Schonk, Mark (I) Schonk, Mike Schwartz, Mike (I) Schwartz, David Smith, David (I) Smith, Joshua Valerio, Joshua (I) Valerio, Alfredo Ybarra, Alfredo (I) Ybarra. (Fasing, Suzanne) (Entered: 03/14/2013)
OBJECTION to 74 Report and Recommendations filed by Defendants Rhea Babcock, Rhea (I) Babcock, Anne Mansfield, Anne (I) Mansfield. (Spalding, Kathleen) (Entered: 03/12/2013)
OBJECTION to 74 Report and Recommendations of Magistrate Judge filed by Defendants Phillip Geigle, Phillip (I) Geigle, David Karpel, David (I) Karpel, Kenneth Laff, Kenneth (I) Laff, Joe Morales, Joe (I) Morales, Mitch Morrissey, Mitch (I) Morrissey, Andy Shopneck, Andy (I) Shopneck. (Kennedy, Edmund) (Entered: 03/11/2013)
OBJECTION to 74 Report and Recommendation of Magistrate Judge by Defendants Rick Flores, Rick (I) Flores, Joe Joyce, Joe (I) Joyce. (Padden, Amy) (Modified on 4/2/2013 Edited title to reflect the title of the document filed)(ervsl, ). (Entered: 03/07/2013)
MINUTE ORDER This matter is before the Court on Plaintiffs Request for Court Ordered Legal Access Docket No. 60 ; Filed October 15, 2012, Motion to Appoint Counsel # 66 ; Filed December 26, 2012 and Motion for Assistance with Service # 67 ; Filed December 26, 2012 (collectively, the Motions). Defendants have not filed a response to any of the Motions. The Court recently issued a Recommendation 74 that this action be dismissed. Accordingly, IT IS HEREBY ORDERED that in light of the Courts Recommendation 74 that this action be dismissed, Plaintiffs Motions ## 60 , 66 and 67 are DENIED AS MOOT, by Magistrate Judge Kristen L. Mix on 3/1/2013.(ervsl, ) (Entered: 03/01/2013)
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE IT IS RESPECTFULLY RECOMMENDED that the Denver Defendants Motion 19 , the Denver DA Defendants Motion 36 , the Mansfield and Babcock Motion 43 , the Flores Motion 47 and the Joyce Motion 51 be GRANTED. IT IS FURTHER RECOMMENDED that claims one through three, five through fifteen, seventeen and eighteen be DISMISSED WITHOUT PREJUDICE. See Fotler v. United States, 73 F.3d 1064, 1065 (10th Cir. 1996) (holding that dismissals pursuant to Heck should be without prejudice) IT IS FURTHER RECOMMENDED that the remaining claims, four, sixteen and nineteen, be DISMISSED WITH PREJUDICE. by Magistrate Judge Kristen L. Mix on 2/28/2013. (ervsl, ) (Entered: 02/28/2013)
MEMORANDUM regarding 66 MOTION to Appoint Counsel filed by Douglas A. Glaser and 67 MOTION for Order to filed by Douglas A. Glaser, 66 MOTION to Appoint Counsel filed by Douglas A. Glaser. Motions 66 and 67 are referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 12/27/12. (rbjsec ) (Entered: 12/27/2012)
CERTIFICATE of Mailing. Pursuant to the 64 Minute Order, a courtesy copy of the 47 Motion to Dismiss by Defendant Flores and the 51 , [51-1], [51-2] Motion to Dismiss by Defendant Joyce have been sent via U.S. Mail to Plaintiffs current address. Text Only Entry. (alvsl) (Entered: 10/16/2012)
MINUTE ORDER. IT IS HEREBY ORDERED that the Motion for Extension 61 is GRANTED. Accordingly, IT IS FURTHER ORDERED that Plaintiff shall file Responses to the Motions to Dismiss 47 , 51 on or before December 17, 2012. No further extension of time to file these Responses will be granted absent exceptional cause. IT IS FURTHER ORDERED that the Clerk of the Court shall mail to Plaintiff a courtesy copy of the Motion to Dismiss by Defendant Flores 47 and the Motion to Dismiss by Defendant Joyce 51 , [51-1], [51-2] at Plaintiffs current address. IT IS FURTHER ORDERED that, if they so desire, Defendants shall file a Response to Plaintiffs Motion for Access 60 on or before October 24, 2012. No Reply from Plaintiff will be permitted. By Magistrate Judge Kristen L. Mix on 10/16/12. (alvsl) (Entered: 10/16/2012)
MEMORANDUM regarding 60 MOTION for Order to filed by Douglas A. Glaser and 61 MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Dismiss Party , 19 MOTION to Dismiss , 36 MOTION to Dismiss Plaintiff's Complaint, 51 MOTION to Dismiss Party , 43 MOTION filed by Douglas A. Glaser. Motions 60 and 61 are referred to Magistrate Judge Kristen L. Mix, by Judge R. Brooke Jackson on 10/16/2012. Text Only Entry (rbjsec. ) (Entered: 10/16/2012)
CERTIFICATE of Mailing/Service re 60 MOTION for Order to, 61 MOTION for Extension of Time to File Response as to 47 MOTION to Dismiss Party 19 MOTION to Dismiss 36 MOTION to Dismiss Plaintiff's Complaint, 51 MOTION to Dismiss Party 43 MOTION, 59 Notice of Change of Address/Contact Information by Plaintiff Douglas A. Glaser. (ervsl, ) (Entered: 10/15/2012)
MOTION for Extension of Time to File Responses as to 47 MOTION to Dismiss Party 19 MOTION to Dismiss 36 MOTION to Dismiss Plaintiff's Complaint 51 MOTION to Dismiss Party 43 MOTION to Dismiss for Lack of Jurisdiction, by Plaintiff Douglas A. Glaser. (ervsl, ) (Entered: 10/15/2012)
REPLY to Response to 36 MOTION to Dismiss Plaintiff's Complaint filed by Defendants Phillip Geigle, Phillip (I) Geigle, David Karpel, David (I) Karpel, Kenneth Laff, Kenneth (I) Laff, Joe Morales, Joe (I) Morales, Mitch Morrissey, Mitch (I) Morrissey, Andy Shopneck, Andy (I) Shopneck. (Kennedy, Edmund) (Entered: 09/10/2012)
Mail Returned as Undeliverable re: 54 Order on Motion for Extension of Time to File Response/Reply, Addressed to Douglas A. Glaser (marked as Released from DCJ). (alvsl, ) (Entered: 09/10/2012)
REPLY to Response to 43 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Rhea Babcock, Rhea (I) Babcock, Anne Mansfield, Anne (I) Mansfield. (Spalding, Kathleen) (Entered: 09/07/2012)
MINUTE ORDER granting 52 Plaintiffs Motion for Extension of Time Due to No Access to the Court; Plaintiff shall file Responses to the Motions to Dismiss 47 , 51 on or before October 15, 2012, by Magistrate Judge Kristen L. Mix on 9/4/2012.(ervsl, ) (Entered: 09/04/2012)
MEMORANDUM regarding 51 MOTION to Dismiss Party filed by Joe (I) Joyce, Joe Joyce and 52 MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Dismiss Party , 19 MOTION to Dismiss , 36 MOTION to Dismiss Plaintiff's Complaint, 51 MOTION to Dismiss Party , 43 MOTION filed by Douglas A. Glaser. Motions 51 and 52 are referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 08/31/2012. Text Only Entry (rbjsec, ) (Entered: 08/31/2012)
MOTION for Extension of Time to File Response as to 47 MOTION to Dismiss Party 19 MOTION to Dismiss 36 MOTION to Dismiss Plaintiff's Complaint, 51 MOTION to Dismiss Party, 43 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Douglas A. Glaser. (ervsl, ) (Entered: 08/30/2012)
MOTION to Dismiss Party by Defendants Joe Joyce, Joe (I) Joyce. (Attachments: # 1 Exhibit A - Order in 08cv2269, # 2 Exhibit B - Order in Lopez v. Prince)(Padden, Amy) (Entered: 08/30/2012)
RESPONSE to 43 MOTION to Dismiss for Lack of Jurisdiction of Defendants Mansfield and Babcock filed by Plaintiff Douglas A. Glaser. (ervsl, ) (Entered: 08/28/2012)
MEMORANDUM regarding 47 MOTION to Dismiss Party filed by Rick Flores, Rick (I) Flores. Motion 47 is referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 08/28/2012. Text Only Entry (rbjsec. ) (Entered: 08/28/2012)
RESPONSE to CLERK'S 33 Motion To Quash Subpoena Duces Tecum And Request For Court Order To Produce Documents Pursuant to Subpoena, filed by Plaintiff Douglas A. Glaser. (wjmcd, ) (Entered: 08/21/2012)
MEMORANDUM regarding 43 MOTION to Dismiss for Lack of Jurisdiction filed by Anne Mansfield, Rhea (I) Babcock, Anne (I) Mansfield, Rhea Babcock. Motion 43 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 08/20/2012. Text Only Entry (rbjsec. ) (Entered: 08/20/2012)
Minute ORDER denying as moot 38 Emergency Motion to Stay Return Date for Subpoena Duces Tecum, by Magistrate Judge Kristen L. Mix on 8/16/12.(lygsl, )
41
Filed: 8/16/2012, Entered: None
Minute ORDER denying as moot 38 Emergency Motion to Stay Return Date for Subpoena Duces Tecum, by Magistrate Judge Kristen L. Mix on 8/16/12.(lygsl, ) (Entered: 08/16/2012)
40
Filed: 8/16/2012, Entered: None
MINUTE ORDER granting 33 non-party Clerk of the Denver District Courts (theClerk) Motion to Quash Subpoena Duces Tecum Issued to Clerk of the Denver District Court. The subpoena served on the Clerk on August 1, 2012 is QUASHED, by Magistrate Judge Kristen L. Mix on 8/15/2012.(ervsl, )
40
Filed: 8/15/2012, Entered: None
MINUTE ORDER granting 33 non-party Clerk of the Denver District Courts (theClerk) Motion to Quash Subpoena Duces Tecum Issued to Clerk of the Denver District Court. The subpoena served on the Clerk on August 1, 2012 is QUASHED, by Magistrate Judge Kristen L. Mix on 8/15/2012.(ervsl, ) (Entered: 08/15/2012)
MEMORANDUM regarding 38 Emergency MOTION to Stay re 33 MOTION to Quash SUBPOENA DUCES TECUM ISSUED TO CLERK OF THE DENVER DISTRICT COURT filed by Denver District Court Clerk. Motion 38 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 08/15/2012. Text Only Entry (rbjsec. ) (Entered: 08/15/2012)
Emergency MOTION to Stay re 33 MOTION to Quash SUBPOENA DUCES TECUM ISSUED TO CLERK OF THE DENVER DISTRICT COURT by Movant Denver District Court Clerk. (Attachments: # 1 Proposed Order (PDF Only) Proposed order granting stay)(Grove, Matthew) (Entered: 08/15/2012)
MEMORANDUM regarding 36 MOTION to Dismiss Plaintiff's Complaint filed by David Karpel, Phillip Geigle, David (I) Karpel, Kenneth Laff, Kenneth (I) Laff, Mitch (I) Morrissey, Andy Shopneck, Joe (I) Morales, Andy (I) Shopneck, Joe Morales, Mitch Morrissey, Phillip (I) Geigle. Motion 36 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 08/15/2012. Text Only Entry (rbjsec, ) (Entered: 08/15/2012)
MINUTE ORDER IT IS HEREBY ORDERED that the Motion to Assist 28 is GRANTED. Plaintiff need not mail hard copies of his Response 27 and attached exhibits to Defendants, who were electronically served on July 27, 2012; IT IS FURTHER ORDERED that the Motion to Extend 30 is GRANTED; Defendant Joyce shall answer or otherwise respond to the Complaint in both his official and individual capacities on or before August 31, 2012, by Magistrate Judge Kristen L. Mix on 8/13/2012.(ervsl, ) (Entered: 08/14/2012)
MEMORANDUM regarding 33 MOTION to Quash SUBPOENA DUCES TECUM ISSUED TO CLERK OF THE DENVER DISTRICT COURT filed by Denver District Court Clerk. Motion 33 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 08/09/2012. Text Only Entry (rbjsec. ) (Entered: 08/09/2012)
MOTION to Quash SUBPOENA DUCES TECUM ISSUED TO CLERK OF THE DENVER DISTRICT COURT by Movant Denver District Court Clerk. (Attachments: # 1 Exhibit)(Grove, Matthew) (Entered: 08/09/2012)
REPLY to Response to 19 MOTION to Dismiss filed by Defendants Mark Beveridge, Mark (I) Beveridge, Matthew Church, Matthew (I) Church, City and County of Denver Colorado, The, Brian Crame, Brian (I) Crame, Mark Dalvit, Mark (I) Dalvit, Troy Edwards, Troy (I) Edwards, Kevin Frazer, Kevin (I) Frazer, Robert Freund, Robert (I) Freund, Brian Gordon, Brian (I) Gordon, Matthew Grimsley, Matthew (I) Grimsley, Sharon Hughes, Sharon (I) Hughes, David Iverson, David (I) Iverson, Carrie Maestas, Carrie (I) Maestas, Kelly Ohu, Kelly (I) Ohu, Erik Reidmuller, Erik (I) Reidmuller, Robert Rock, Robert (I) Rock, Ruben Rojas, Ruben (I) Rojas, Mark Schonk, Mark (I) Schonk, Mike Schwartz, Mike (I) Schwartz, David Smith, David (I) Smith, Joshua Valerio, Joshua (I) Valerio, Alfredo Ybarra, Alfredo (I) Ybarra. (Attachments: # 1 Exhibit unpublished case - DeHerrera v. Costilla, # 2 Exhibit unpublished case - Burkley v. Corr. Healthcare Mgt of Okla)(Fasing, Suzanne) (Entered: 08/06/2012)
MEMORANDUM regarding 28 MOTION for Order to filed by Douglas A. Glaser and 30 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, and to Set Consolidated Response Date filed by Joe Joyce.Motions 28 and 30 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 08/06/2012. Text Only Entry (rbjsec. ) (Entered: 08/06/2012)
MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,,, and to Set Consolidated Response Date by Defendant Joe Joyce. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 08/03/2012)
WAIVER OF SERVICE Returned Executed by Douglas A. Glaser by Kenneth Laff, Kenneth (I) Laff. Kenneth Laff waiver sent on 6/15/2012, answer due 8/14/2012; Kenneth Laff waiver sent on 6/15/2012, answer due 8/14/2012. (Ringel, Andrew) (Modified on 7/25/2012 corrected answer dates)(ervsl, ). (Entered: 07/23/2012)
SUMMONS Returned Executed by United States Marshals Service. Rhea Babcock served on 6/27/2012, answer due 8/17/2012; Rhea (I) Babcock served on 6/27/2012, answer due 8/17/2012; Rick Flores served on 6/27/2012, answer due 8/17/2012; Rick (I) Flores served on 6/27/2012, answer due 8/17/2012; Joe Joyce served on 6/21/2012, answer due 8/17/2012; Joe (I) Joyce served on 6/21/2012, answer due 8/17/2012. (sahsl, ) (Entered: 07/11/2012)
Summons Returned Unexecuted by United States Marshals Service as to Matt McQueen, Matt (I) McQueen, Douglas Pritchard, Douglas (I) Pritchard. (sahsl, ) (Entered: 07/11/2012)
NOTICE of Entry of Appearance by Andrew David Ringel on behalf of Phillip Geigle, Phillip (I) Geigle, David Karpel, David (I) Karpel, Joe Morales, Joe (I) Morales, Mitch Morrissey, Mitch (I) Morrissey, Andy Shopneck, Andy (I) Shopneck (Ringel, Andrew) (Entered: 07/11/2012)
MEMORANDUM regarding 19 MOTION to Dismiss filed by Troy Edwards, Sharon (I) Hughes, Joshua (I) Valerio, Mark Dalvit, David Iverson, Matthew Grimsley, Mark (I) Dalvit, Robert (I) Rock, David (I) Iverson, Kevin Frazer, Joshua Valerio, Matthew Church, Kelly Ohu, Brian Gordon, Ruben Rojas, Mike (I) Schwartz, Ruben (I) Rojas, Mark (I) Beveridge, Sharon Hughes, David Smith, David (I) Smith, Troy (I) Edwards, Brian Crame, Mark Beveridge, Mike Schwartz, Robert Rock, Robert (I) Freund, Kevin (I) Frazer, Robert Freund, Brian (I) Crame, Mark (I) Schonk, Kelly (I) Ohu, Matthew (I) Church, Mark Schonk, Alfredo Ybarra, Brian (I) Gordon, Matthew (I) Grimsley, Erik Reidmuller, Carrie Maestas, City and County of Denver Colorado, The, Alfredo (I) Ybarra, Erik (I) Reidmuller, Carrie (I) Maestas. Motion 19 referred to Magistrate Judge Kristen L. Mix. By Judge R. Brooke Jackson on 07/10/2012. Text Only Entry (rbjsec. ) (Entered: 07/10/2012)
ORDER denying 20 Motion for Leave to File Excess Pages. Denied as moot. This Court has no page limits. It does greatly prefer short pleadings and briefs. By Judge R. Brooke Jackson on 07/10/2012. Text Only Entry(rbjsec. ) (Entered: 07/10/2012)
ORDER granting 18 Motion for Extension of Time to Answer or Otherwise Respond Rhea Babcock answer due 8/17/2012; Rhea (I) Babcock answer due 8/17/2012; Anne Mansfield answer due 8/17/2012; Anne (I) Mansfield answer due 8/17/2012. By Judge R. Brooke Jackson on 07/10/2012. Text Only Entry(rbjsec. ) (Entered: 07/10/2012)
MOTION for Leave to File Excess Pages by Defendants Mark Beveridge, Mark (I) Beveridge, Matthew Church, Matthew (I) Church, City and County of Denver Colorado, The, Brian Crame, Brian (I) Crame, Mark Dalvit, Mark (I) Dalvit, Troy Edwards, Troy (I) Edwards, Kevin Frazer, Kevin (I) Frazer, Robert Freund, Robert (I) Freund, Brian Gordon, Brian (I) Gordon, Matthew Grimsley, Matthew (I) Grimsley, Sharon Hughes, Sharon (I) Hughes, David Iverson, David (I) Iverson, Carrie Maestas, Carrie (I) Maestas, Kelly Ohu, Kelly (I) Ohu, Erik Reidmuller, Erik (I) Reidmuller, Robert Rock, Robert (I) Rock, Ruben Rojas, Ruben (I) Rojas, Mark Schonk, Mark (I) Schonk, Mike Schwartz, Mike (I) Schwartz, David Smith, David (I) Smith, Joshua Valerio, Joshua (I) Valerio, Alfredo Ybarra, Alfredo (I) Ybarra. (Fasing, Suzanne) (Entered: 07/09/2012)
MOTION to Dismiss by Defendants Mark Beveridge, Mark (I) Beveridge, Matthew Church, Matthew (I) Church, City and County of Denver Colorado, The, Brian Crame, Brian (I) Crame, Mark Dalvit, Mark (I) Dalvit, Troy Edwards, Troy (I) Edwards, Kevin Frazer, Kevin (I) Frazer, Robert Freund, Robert (I) Freund, Brian Gordon, Brian (I) Gordon, Matthew Grimsley, Matthew (I) Grimsley, Sharon Hughes, Sharon (I) Hughes, David Iverson, David (I) Iverson, Carrie Maestas, Carrie (I) Maestas, Kelly Ohu, Kelly (I) Ohu, Erik Reidmuller, Erik (I) Reidmuller, Robert Rock, Robert (I) Rock, Ruben Rojas, Ruben (I) Rojas, Mark Schonk, Mark (I) Schonk, Mike Schwartz, Mike (I) Schwartz, David Smith, David (I) Smith, Joshua Valerio, Joshua (I) Valerio, Alfredo Ybarra, Alfredo (I) Ybarra. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Fasing, Suzanne) (Entered: 07/06/2012)
MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,,, by Defendants Rhea Babcock, Rhea (I) Babcock, Anne Mansfield, Anne (I) Mansfield. (Attachments: # 1 Proposed Order (PDF Only))(Spalding, Kathleen) (Entered: 07/06/2012)
WAIVER OF SERVICE Returned Executed by Andy Shopneck, Andy (I) Shopneck, David (I) Karpel, Phillip Geigle, Phillip (I) Geigle, Joe (I) Morales, Mitch Morrissey, David Karpel, Mitch (I) Morrissey, Joe Morales. Andy Shopneck waiver sent on 6/15/2012, answer due 8/14/2012; Andy (I) Shopneck waiver sent on 6/15/2012, answer due 8/14/2012; David (I) Karpel waiver sent on 6/15/2012, answer due 8/14/2012; Phillip Geigle waiver sent on 6/15/2012, answer due 8/14/2012; Phillip (I) Geigle waiver sent on 6/15/2012, answer due 8/14/2012; Joe (I) Morales waiver sent on 6/15/2012, answer due 8/14/2012; Mitch Morrissey waiver sent on 6/15/2012, answer due 8/14/2012; David Karpel waiver sent on 6/15/2012, answer due 8/14/2012; Mitch (I) Morrissey waiver sent on 6/15/2012, answer due 8/14/2012; Joe Morales waiver sent on 6/15/2012, answer due 8/14/2012. (Kennedy, Edmund) (Entered: 07/05/2012)
SUMMONS Returned Executed by United States Marshals Service. Mark Beveridge served on 6/15/2012, answer due 7/6/2012; Mark (I) Beveridge served on 6/15/2012, answer due 7/6/2012; Matthew Church served on 6/15/2012, answer due 7/6/2012; Matthew (I) Church served on 6/15/2012, answer due 7/6/2012; City and County of Denver Colorado, The served on 6/15/2012, answer due 7/6/2012; Brian Crame served on 6/15/2012, answer due 7/6/2012; Brian (I) Crame served on 6/15/2012, answer due 7/6/2012; Mark Dalvit served on 6/15/2012, answer due 7/6/2012; Mark (I) Dalvit served on 6/15/2012, answer due 7/6/2012; Troy Edwards served on 6/15/2012, answer due 7/6/2012; Troy (I) Edwards served on 6/15/2012, answer due 7/6/2012; Kevin Frazer served on 6/15/2012, answer due 7/6/2012; Kevin (I) Frazer served on 6/15/2012, answer due 7/6/2012; Robert Freund served on 6/15/2012, answer due 7/6/2012; Robert (I) Freund served on 6/15/2012, answer due 7/6/2012; Phillip Geigle served on 6/15/2012, answer due 7/6/2012; Phillip (I) Geigle served on 6/15/2012, answer due 7/6/2012; Brian Gordon served on 6/15/2012, answer due 7/6/2012; Brian (I) Gordon served on 6/15/2012, answer due 7/6/2012; Matthew Grimsley served on 6/15/2012, answer due 7/6/2012; Matthew (I) Grimsley served on 6/15/2012, answer due 7/6/2012; Sharon Hughes served on 6/15/2012, answer due 7/6/2012; Sharon (I) Hughes served on 6/15/2012, answer due 7/6/2012; David Iverson served on 6/15/2012, answer due 7/6/2012; David (I) Iverson served on 6/15/2012, answer due 7/6/2012; David Karpel served on 6/15/2012, answer due 7/6/2012; David (I) Karpel served on 6/15/2012, answer due 7/6/2012; Kenneth Laff served on 6/15/2012, answer due 7/6/2012; Kenneth (I) Laff served on 6/15/2012, answer due 7/6/2012; Carrie Maestas served on 6/15/2012, answer due 7/6/2012; Carrie (I) Maestas served on 6/15/2012, answer due 7/6/2012; Anne Mansfield served on 6/15/2012, answer due 7/6/2012; Anne (I) Mansfield served on 6/15/2012, answer due 7/6/2012; Joe Morales served on 6/15/2012, answer due 7/6/2012; Joe (I) Morales served on 6/15/2012, answer due 7/6/2012; Mitch Morrissey served on 6/15/2012, answer due 7/6/2012; Mitch (I) Morrissey served on 6/15/2012, answer due 7/6/2012; Kelly Ohu served on 6/15/2012, answer due 7/6/2012; Kelly (I) Ohu served on 6/15/2012, answer due 7/6/2012; Erik Reidmuller served on 6/15/2012, answer due 7/6/2012; Erik (I) Reidmuller served on 6/15/2012, answer due 7/6/2012; Robert Rock served on 6/15/2012, answer due 7/6/2012; Robert (I) Rock served on 6/15/2012, answer due 7/6/2012; Ruben Rojas served on 6/15/2012, answer due 7/6/2012; Ruben (I) Rojas served on 6/15/2012, answer due 7/6/2012; Mark Schonk served on 6/15/2012, answer due 7/6/2012; Mark (I) Schonk served on 6/15/2012, answer due 7/6/2012; Mike Schwartz served on 6/15/2012, answer due 7/6/2012; Mike (I) Schwartz served on 6/15/2012, answer due 7/6/2012; Andy Shopneck served on 6/15/2012, answer due 7/6/2012; Andy (I) Shopneck served on 6/15/2012, answer due 7/6/2012; David Smith served on 6/15/2012, answer due 7/6/2012; David (I) Smith served on 6/15/2012, answer due 7/6/2012; Joshua Valerio served on 6/15/2012, answer due 7/6/2012; Joshua (I) Valerio served on 6/15/2012, answer due 7/6/2012; Alfredo Ybarra served on 6/15/2012, answer due 7/6/2012; Alfredo (I) Ybarra served on 6/15/2012, answer due 7/6/2012. (wjmcd, ) (Entered: 06/18/2012)
CERTIFICATE of Service by Clerk of Court re 1 Complaint for Service of Process. (Attachments: # 1 US Marshal Service Forms, # 2 US Postal Service Certified Mail Receipt) (agarc, ) (Entered: 06/07/2012)
CASE DRAWN: This case is drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 12-cv-00828-RBJ-KLM. Text Only Entry. (nmmsl, ) Modified on 6/11/2012 to show case was drawn not reassigned. (nmmsl, ). (Entered: 06/06/2012)
ORDER ASSIGNING CASE by Magistrate Judge Boyd N. Boland on 06/04/12. Case reassigned to Judge R. Brooke Jackson for all further proceedings. (nmmsl, ) Modified on 6/11/2012 to take out reference to Magistrate Judge Boland. (nmmsl, ). (Entered: 06/06/2012)
MINUTE ORDER denying 4 Motion for Leave to Proceed in Forma Pauperis as moot because Plaintiff has paid the filing fee, by Magistrate Judge Boyd N. Boland on 04/25/12.(nmmsl, ) (Entered: 04/25/2012)
CERTIFICATE of Mailing re 3 Order remailed to Douglas A. Glaser #0475322, Denver County Jail, PO Box 1108 Denver, CO 80201-1108. (skssl, ) (Entered: 04/11/2012)
COMPLAINT against Rhea Babcock, Rhea (I) Babcock, Mark Beveridge, Mark (I) Beveridge, Matthew Church, Matthew (I) Church, City and County of Denver Colorado, The, Brian Crame, Brian (I) Crame, Mark Dalvit, Mark (I) Dalvit, Troy Edwards, Troy (I) Edwards, Rick Flores, Rick (I) Flores, Kevin Frazer, Kevin (I) Frazer, Robert Freund, Robert (I) Freund, Phillip Geigle, Phillip (I) Geigle, Brian Gordon, Brian (I) Gordon, Matthew Grimsley, Matthew (I) Grimsley, Sharon Hughes, Sharon (I) Hughes, David Iverson, David (I) Iverson, Joe Joyce, Joe (I) Joyce, David Karpel, David (I) Karpel, Kenneth Laff, Kenneth (I) Laff, Carrie Maestas, Carrie (I) Maestas, Ray Willis Mannon, Ray (I) Willis Mannon, Anne Mansfield, Anne (I) Mansfield, Matt McQueen, Matt (I) McQueen, Joe Morales, Joe (I) Morales, Mitch Morrissey, Mitch (I) Morrissey, Kelly Ohu, Kelly (I) Ohu, Douglas Pritchard, Douglas (I) Pritchard, Erik Reidmuller, Erik (I) Reidmuller, Robert Rock, Robert (I) Rock, Ruben Rojas, Ruben (I) Rojas, Mark Schonk, Mark (I) Schonk, Mike Schwartz, Mike (I) Schwartz, Andy Shopneck, Andy (I) Shopneck, David Smith, David (I) Smith, Joshua Valerio, Joshua (I) Valerio, Alfredo Ybarra, Alfredo (I) Ybarra, filed by Douglas A. Glaser.(dkals, ) (Entered: 04/02/2012)
Update
Alerts
Jump