ORDER denying as moot 68 Motion for Attorney Fees. That the parties' Stipulation for Dismissal 74 is GRANTED. The above-captioned matter is DISMISSED WITH PREJUDICE. By Judge Raymond P. Moore on 1/28/2015.(tscha, ) (Entered: 01/28/2015)
MINUTE ORDER: Upon consideration of the parties' Notice of Settlement (ECF No. 72), the parties are directed to file their documents resolving their fee dispute on or before January 30, 2015. SO ORDERED by Judge Raymond P. Moore on 12/2/2014. (Text Only Entry) (rmsec ) (Entered: 12/02/2014)
ORDER granting 70 Motion to Withdraw as Attorney. Attorney Jack D. Finlaw, Jr terminated. SO ORDERED by Judge Raymond P. Moore on 11/14/2014. (Text Only Entry)(rmsec ) (Entered: 11/14/2014)
ORDER granting 66 Motion for Extension of Time to File. SO ORDERED by Judge Raymond P. Moore on 11/3/2014. (Text Only Entry)(rmsec ) (Entered: 11/03/2014)
Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees and Bill of Costs by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 11/03/2014)
NOTICE of Entry of Appearance by Kathleen L. Spalding on behalf of John W. Hickenlooper, Jr, John SuthersAttorney Kathleen L. Spalding added to party John W. Hickenlooper, Jr(pty:dft), Attorney Kathleen L. Spalding added to party John Suthers(pty:dft) (Spalding, Kathleen) (Entered: 10/28/2014)
JUDGMENT in favor of Angela Cranmore, Breanna Alexander, Cassie Rubald, Catherine Burns, Denise Lord, Geoffrey Bateman, Julianne Deloy, Karen Collier, Mark Thrun, Rachel Catt, Sheila Schroeder, Stacy Parrish and against John Suthers, John W. Hickenlooper, Jr, and Pam Anderson. By Judge Raymond P. Moore on 10/20/2014. (cpear) (Entered: 10/20/2014)
ORDER granting 62 Defendants Joint, Unopposed Motion to Make Preliminary Injunction Permanent; and it is FURTHER ORDERED that the Clerk of Court shall enter judgment in favor of Plaintiffs and against Defendant John W. Hickenlooper, Jr., in his official capacity as Governor of Colorado; John Suthers, in his official capacity as Attorney General of Colorado; and Pam Anderson, in her official capacity as Clerk and Recorder for Jefferson County; and it is FURTHER ORDERED that Plaintiffs are awarded costs and shall within 14 days of the date of this Order file a bill of costs, in accordance with the procedures under Fed.R.Civ.P.54(d)(1) and D.C.COLO.LCivR 54.1, which shall be taxed by the Clerk of Court. By Judge Raymond P. Moore on 10/17/2014.(evana, ) (Entered: 10/17/2014)
MINUTE ORDER. THIS MATTER is before the Court sua sponte. Upon consideration of the issuance of the mandate in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014), and the voluntary dismissal of the appeal of this Court's Order (ECF Nos. 45, 59), the parties shall file a status report by Tuesday, October 14, 2014, addressing the anticipated future course of proceedings in this matter. SO ORDERED by Judge Raymond P. Moore on 10/8/2014. (Text Only Entry) (rmsec ) (Entered: 10/08/2014)
ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. (USCA Case No. 14-1283). This matter comes on for consideration of the appellant's Unopposed Motion to Dismiss Appeal. Upon consideration thereof, the motion is granted and this appeal is dismissed. See Fed. R. App. P. 42(b). The mandate shall issue forthwith. (trlee, ) (Entered: 10/07/2014)
LETTER re 46 Notice of Appeal filed by John Suthers. (USCA Case No. 14-1283). Please be advised that the court issued an order today dismissing this case. In addition, please be advised that the mandate for this case has issued today. The clerk of the originating court shall file accordingly. (trlee, ) (Entered: 10/07/2014)
ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. (USCA Case No. 14-1283). The parties have filed a joint motion to dissolve the stay entered in this case. We grant the motion and dissolve the stay. (trlee, ) (Entered: 10/07/2014)
ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. This appeal is abated pending further order of this court. The deadline for the appellants opening brief will be established when the abatement of this appeal is lifted. The parties shall notify this court within 10 days of a decision on the petitions for writ of certiorari pending before the Supreme Court of the United States in Kitchen v. Herbert, Supreme Court No. 14-124, and Bishop v. Smith, Supreme Court No. 14-136. It is further ordered that the parties shall file status reports 30 days from the date of this order if no decision on the pending writs has been issued by that time. (USCA Case No. 14-1283) (agarc, ) (Entered: 09/18/2014)
ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. We grant Mr. Suthers motion for a stay pending appeal.(USCA Case No. 14-1283) (trlee, ) (Entered: 08/21/2014)
LETTER TO USCA and all counsel certifying the record is complete as to 46 Notice of Appeal filed by John Suthers. All transcripts ordered are now on file as of 8/12/2014. (Appeal No. 14-1283) Text Only Entry (dbrow, ) (Entered: 08/13/2014)
TRANSCRIPT of hearing held on July 22, 2014 before Judge Moore. Pages: 1-64. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/13/2014. (thoff, ) (Entered: 08/12/2014)
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 46 Notice of Appeal filed by John Suthers to the U.S. Court of Appeals. ( Retained Counsel, Fee not paid,) (Attachments: # 1 docket sheet, # 2 preliminary record)(trlee, ) (Entered: 07/24/2014)
NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Ellen G. Wakeman has failed to register for electronic case filing (CM/ECF) in violation of local rules and procedures of the court. Counsel is advised that the failure to register for CM/ECF within 10 days of the date of this docket entry may lead to action by the court. (mfred) (Entered: 07/24/2014)
NOTICE OF APPEAL as to 45 Order on Motion to Stay,,,,, Order on Motion for Preliminary Injunction,,,, by Defendant John Suthers (Francisco, Michael) (Entered: 07/23/2014)
ORDER that Plaintiffs Motion for Preliminary Injunction ECF No. 8 is GRANTED and Defendants are hereby ENJOINED from enforcing or applying Article II, Section 31 of the Colorado Constitution and C.R.S. §§ 14-2-104(1)(b) and 14-2-104(2) as a basis to deny marriage to same-sex couples or to deny recognition of otherwise valid same-sex marriages entered in other states; and FURTHER ORDERED that Defendants Motion to Stay Proceedings and Non- Opposition to Proposed Preliminary Injunction ECF No. 16 is DENIED as to their request to stay the preliminary injunction but GRANTED as to a stay of all other proceedings in this case until three (3) days after the final mandate is issued in Kitchen v. Herbert, No. 13-4178, __ F.3d __, 2014 WL 2868044 (10th Cir. June 25, 2014), or further order of this Court; and FURTHER ORDERED that the preliminary injunction is TEMPORARILY STAYED until 8:00 a.m. on Monday, August 25, 2014, to allow Defendants time to seek relief from the United States Court of Appeals for the Tenth Circuit or the Supreme Court. by Judge Raymond P. Moore on 7/23/2014.(evana, ) (Entered: 07/23/2014)
COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Motion Hearing held on 7/22/2014, taking under advisement 16 Defendants' Motion to Stay and Non-Opposition to Proposed Preliminary Injunction. Court Reporter: Tammy Hoffschildt. (cpear) (Entered: 07/22/2014)
NOTICE re 16 MOTION to Stay re 8 MOTION for Preliminary Injunction Supplemental Authority by Defendant John Suthers (Francisco, Michael) (Entered: 07/21/2014)
REPLY to Response to 16 MOTION to Stay re 8 MOTION for Preliminary Injunction filed by Defendant John Suthers. (Attachments: # 1 Exhibit Ex. F - Colo. Sup. Ct. Order staying Adams and Denver County Clerks' issuance of licenses, # 2 Exhibit Ex G - Adams County Dist Ct Order Grant MSJ to Ps, # 3 Exhibit Ex. H - Notice of Appeal to Colo. Sup. Ct., # 4 Exhibit Ex I - ACA-related stays and Preliminary Injunctions)(Starnella, Kathryn) (Entered: 07/18/2014)
BRIEF in Support of 16 MOTION to Stay re 8 MOTION for Preliminary Injunction filed by Defendant John W. Hickenlooper, Jr. (Attachments: # 1 Exhibit Bishop v. Smith Slip Opinion)(Figa, Benjamin) (Entered: 07/18/2014)
COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Status Conference held on 7/15/2014, granting 20 Unopposed Motion for Expedited Status Conference, and granting 33 Plaintiffs' Partially Unopposed Motion to Dismiss. Defendant Debra Johnson (in her official capacity as Clerk and Recorder for the City and County of Denver) is terminated. 19 Defendant Debra Johnson's Joinder in Motion to Stay Proceedings and Non-opposition to Stipulated Preliminary Injunction is deemed moot. Motion Hearing set for 7/22/2014 at 1:30 PM in Courtroom A 601 before Judge Raymond P. Moore on 16 Defendants' Motion to Stay Proceedings. Court Reporter: Tammy Hofffschildt. (cpear) (Entered: 07/15/2014)
MINUTE ORDER Status Conference set for 7/15/2014 at 02:00 PM in Courtroom A 601 before Judge Raymond P. Moore. SO ORDERED by Judge Raymond P. Moore on July 11, 2014. Text Only Entry (rmlc1). (Entered: 07/11/2014)
CASE REASSIGNED pursuant to 31 Order of Recusal.This case is reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 14-cv-01817-RM-KLM. (Text Only Entry) (kweck) (Entered: 07/11/2014)
NOTICE of Entry of Appearance by David Ryan Wunderlich on behalf of Pam AndersonAttorney David Ryan Wunderlich added to party Pam Anderson(pty:dft) (Wunderlich, David) (Entered: 07/10/2014)
WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. Debra Johnson waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/09/2014)
NOTICE of Entry of Appearance of Jack Finlaw by Benjamin Todd Figa on behalf of John W. Hickenlooper, JrAttorney Benjamin Todd Figa added to party John W. Hickenlooper, Jr(pty:dft) (Figa, Benjamin) (Entered: 07/08/2014)
MEMORANDUM regarding 20 Unopposed MOTION for Order to Set Expedited Status Conference filed by Sheila Schroeder, Denise Lord, Angela Cranmore, Catherine Burns, Cassie Rubald, Julianne Deloy, Breanna Alexander, Mark Thrun, Geoffrey Bateman, Stacy Parrish, Karen Collier, Rachel Catt. Motions referred to Magistrate Judge Kristen L. Mix, by Judge Robert E. Blackburn on 7/7/14. Text Only Entry (rebsec) (Entered: 07/07/2014)
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix, for non-dispositive motions.That pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. § 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. § 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 7/7/14. Text Only Entry (rebsec) (Entered: 07/07/2014)
NOTICE of Entry of Appearance by Kathryn Anne Teresa Starnella on behalf of John SuthersAttorney Kathryn Anne Teresa Starnella added to party John Suthers(pty:dft) (Starnella, Kathryn) (Entered: 07/03/2014)
WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. John W. Hickenlooper, Jr waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/03/2014)
NOTICE of Entry of Appearance by Writer Mott on behalf of Pam AndersonAttorney Writer Mott added to party Pam Anderson(pty:dft) (Mott, Writer) (Entered: 07/03/2014)
NOTICE of Entry of Appearance by Evan P. Lee on behalf of Debra JohnsonAttorney Evan P. Lee added to party Debra Johnson(pty:dft) (Lee, Evan) (Entered: 07/02/2014)
NOTICE of Entry of Appearance by Wendy J. Shea on behalf of Debra JohnsonAttorney Wendy J. Shea added to party Debra Johnson(pty:dft) (Shea, Wendy) (Entered: 07/02/2014)
MOTION to Stay re 8 MOTION for Preliminary Injunction by Defendant John Suthers. (Attachments: # 1 Proposed Order (PDF Only) Proposed Stay and Preliminary Injunction, # 2 Exhibit Latta v. Otter, # 3 Exhibit DeBoer v. Snyder, # 4 Exhibit Tanco v. Haslam, # 5 Exhibit Baskin v. Bogan)(Francisco, Michael) (Entered: 07/02/2014)
WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. Pam Anderson waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/02/2014)
NOTICE of Entry of Appearance by Michael L. Francisco on behalf of John SuthersAttorney Michael L. Francisco added to party John Suthers(pty:dft) (Francisco, Michael) (Entered: 07/02/2014)
WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. John Suthers waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/02/2014)
CASE REASSIGNED. Pursuant to the Pilot Program to Implement Direct Assignment of Civil Cases to Full Time Magistrate Judges, the case is reassigned due to the 8 MOTION for Preliminary Injunction. This case is assigned to Judge Robert E. Blackburn. All future pleadings should be designated as 14-cv-01817-REB-KLM. (Text Only Entry) (agarc, ) (Entered: 07/02/2014)
Magistrate Judge Consent Form issued pursuant to Magistrate Judge Pilot Project to Assign Civil Cases to Full Time Magistrate Judges. The summons submitted has incorrect caption and not issued. Please file completed summons for issuance using the event Summons Request. (jofox, ) (Entered: 07/01/2014)
NOTICE of Entry of Appearance by Danielle C. Jefferis on behalf of All Plaintiffs Attorney Danielle C. Jefferis added to party Breanna Alexander(pty:pla), Attorney Danielle C. Jefferis added to party Geoffrey Bateman(pty:pla), Attorney Danielle C. Jefferis added to party Catherine Burns(pty:pla), Attorney Danielle C. Jefferis added to party Rachel Catt(pty:pla), Attorney Danielle C. Jefferis added to party Karen Collier(pty:pla), Attorney Danielle C. Jefferis added to party Angela Cranmore(pty:pla), Attorney Danielle C. Jefferis added to party Julianne Deloy(pty:pla), Attorney Danielle C. Jefferis added to party Denise Lord(pty:pla), Attorney Danielle C. Jefferis added to party Stacy Parrish(pty:pla), Attorney Danielle C. Jefferis added to party Cassie Rubald(pty:pla), Attorney Danielle C. Jefferis added to party Sheila Schroeder(pty:pla), Attorney Danielle C. Jefferis added to party Mark Thrun(pty:pla) (Jefferis, Danielle) (Entered: 07/01/2014)
NOTICE of Entry of Appearance by Darren M. Jankord on behalf of All Plaintiffs Attorney Darren M. Jankord added to party Breanna Alexander(pty:pla), Attorney Darren M. Jankord added to party Geoffrey Bateman(pty:pla), Attorney Darren M. Jankord added to party Catherine Burns(pty:pla), Attorney Darren M. Jankord added to party Rachel Catt(pty:pla), Attorney Darren M. Jankord added to party Karen Collier(pty:pla), Attorney Darren M. Jankord added to party Angela Cranmore(pty:pla), Attorney Darren M. Jankord added to party Julianne Deloy(pty:pla), Attorney Darren M. Jankord added to party Denise Lord(pty:pla), Attorney Darren M. Jankord added to party Stacy Parrish(pty:pla), Attorney Darren M. Jankord added to party Cassie Rubald(pty:pla), Attorney Darren M. Jankord added to party Sheila Schroeder(pty:pla), Attorney Darren M. Jankord added to party Mark Thrun(pty:pla) (Jankord, Darren) (Entered: 07/01/2014)
NOTICE of Entry of Appearance by David Arthur Lane on behalf of All Plaintiffs Attorney David Arthur Lane added to party Breanna Alexander(pty:pla), Attorney David Arthur Lane added to party Geoffrey Bateman(pty:pla), Attorney David Arthur Lane added to party Catherine Burns(pty:pla), Attorney David Arthur Lane added to party Rachel Catt(pty:pla), Attorney David Arthur Lane added to party Karen Collier(pty:pla), Attorney David Arthur Lane added to party Angela Cranmore(pty:pla), Attorney David Arthur Lane added to party Julianne Deloy(pty:pla), Attorney David Arthur Lane added to party Denise Lord(pty:pla), Attorney David Arthur Lane added to party Stacy Parrish(pty:pla), Attorney David Arthur Lane added to party Cassie Rubald(pty:pla), Attorney David Arthur Lane added to party Sheila Schroeder(pty:pla), Attorney David Arthur Lane added to party Mark Thrun(pty:pla) (Lane, David) (Entered: 07/01/2014)
COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400,Receipt Number 1082-3937535)Attorney Mari Anne Newman added to party Breanna Alexander(pty:pla), Attorney Mari Anne Newman added to party Geoffrey Bateman(pty:pla), Attorney Mari Anne Newman added to party Catherine Burns(pty:pla), Attorney Mari Anne Newman added to party Rachel Catt(pty:pla), Attorney Mari Anne Newman added to party Karen Collier(pty:pla), Attorney Mari Anne Newman added to party Angela Cranmore(pty:pla), Attorney Mari Anne Newman added to party Julianne Deloy(pty:pla), Attorney Mari Anne Newman added to party Denise Lord(pty:pla), Attorney Mari Anne Newman added to party Stacy Parrish(pty:pla), Attorney Mari Anne Newman added to party Cassie Rubald(pty:pla), Attorney Mari Anne Newman added to party Sheila Schroeder(pty:pla), Attorney Mari Anne Newman added to party Mark Thrun(pty:pla), filed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt.(Newman, Mari) (Entered: 07/01/2014)