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Home My WebLink About2019-cv-901 - Surat v. City of Fort Collins, et al. - 159-1 - Docket SheetAPPEAL,JD1,MJ CIV PP,NDISPO U.S. District Court - District of Colorado District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:19-cv-00901-WJM-NRN Surat v. Klamser et al Assigned to: Judge William J. Martinez Referred to: Magistrate Judge N. Reid Neureiter Cause: 28:1983 Date Filed: 03/26/2019 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question Plaintiff Michaella Lynn Surat represented by Tania Nickens Valdez University of Denver-Sturm College of Law 2255 East Evans Avenue Suite 335 Denver, CO 80208-0632 303-871-6140 Email: tvaldez@law.du.edu TERMINATED: 07/26/2019 LEAD ATTORNEY Andrew Joseph McNulty Killmer Lane & Newman, LLP 1543 Champa Street Suite 400 Denver, CO 80202 303-571-1000 Email: amcnulty@kln-law.com ATTORNEY TO BE NOTICED David A. Lane Killmer Lane & Newman LLP 1543 Champa Street Suite 400 Denver, CO 80202 303-571-1000 Fax: 303-571-1001 Email: dlane@kln-law.com ATTORNEY TO BE NOTICED Helen S. Oh Killmer Lane & Newman, LLP 1543 Champa Street Suite 400 Denver, CO 80202 303-571-1000 Email: hoh@kln-law.com ATTORNEY TO BE NOTICED V. Defendant Randall Klamser in his individual capacity represented by Brenden W. Desmond Hall & Evans LLC-Denver 1001 Seventeenth Street Suite 300 Denver, CO 80202 303-628-3461 Email: desmondb@hallevans.com TERMINATED: 12/07/2020 Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 1 of 14 Christina Shavon Gunn Hall & Evans LLC-Denver 1001 Seventeenth Street Suite 300 Denver, CO 80202 303-628-3300 Fax: 303-629-3368 Email: gunnc@hallevans.com TERMINATED: 01/23/2020 Gillian Dale Hall & Evans LLC-Denver 1001 Seventeenth Street Suite 300 Denver, CO 80202 303-628-3328 Fax: 303-628-3368 Email: daleg@hallevans.com TERMINATED: 10/07/2020 John R. Duval City Attorney's Office-Fort Collins P.O. Box 580 Fort Collins, CO 80522 970-221-6520 Email: jduval@fcgov.com ATTORNEY TO BE NOTICED John Felix Peters Caplan & Earnest LLC 3107 Iris Avenue Suite 100 Boulder, CO 80301 303-443-8010 Fax: 303-440-3967 Email: jpeters@celaw.com TERMINATED: 04/21/2021 Mark Scott Ratner Hall & Evans LLC-Denver 1001 Seventeenth Street Suite 300 Denver, CO 80202 303-628-3300 Fax: 303-628-3368 Email: ratnerm@hallevans.com ATTORNEY TO BE NOTICED Defendant City of Fort Collins a municipality represented by Brenden W. Desmond (See above for address) TERMINATED: 12/07/2020 Christina Shavon Gunn (See above for address) TERMINATED: 01/23/2020 Gillian Dale (See above for address) TERMINATED: 10/07/2020 John R. Duval (See above for address) ATTORNEY TO BE NOTICED Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 2 of 14 John Felix Peters (See above for address) TERMINATED: 04/21/2021 Mark Scott Ratner (See above for address) ATTORNEY TO BE NOTICED Date Filed #Docket Text 08/10/2021 158 NOTICE OF APPEAL as to 154 Order on Motion for Summary Judgment by Defendant Randall Klamser (Ratner, Mark) (Entered: 08/10/2021) 07/19/2021 157 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 7/19/2021. Telephonic Final Pretrial Conference set for 8/20/2021 09:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. FTR: Courtroom C203. (slibi, ) (Entered: 07/19/2021) 07/16/2021 156 Minute ORDER by Magistrate Judge N. Reid Neureiter on 16 July 2021. This matter is before the Court on review of the docket. It is hereby ORDERED that the Status Conference set for July 29, 2021 at 10:00 a.m. is VACATED and RESET to July 19, 2021 at 10:00 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 07/16/2021) 07/15/2021 155 Minute ORDER by Magistrate Judge N. Reid Neureiter on 15 July 2021. It is hereby ORDERED that a Status Conference is set for July 29, 2021 at 10:00 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 07/15/2021) 07/13/2021 154 ORDER denying 118 Defendants' Motion for Summary Judgment by Judge William J. Martinez on 07/13/2021.(trvo, ) (Entered: 07/13/2021) 04/21/2021 153 Minute ORDER by Magistrate Judge N. Reid Neureiter on 21 April 2021. It is hereby ORDERED that the Motion to Withdraw (Dkt. # 151 ) is GRANTED. John F. Peters shall be permitted to withdraw as counsel for Defendants Randall Klamser and The City of Fort Collins. The Clerk is respectfully directed to remove John F. Peters from electronic notification in this matter. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 04/21/2021) 04/21/2021 152 MEMORANDUM regarding 151 MOTION to Withdraw as Attorney John F. Peters, Esq. filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 4/21/2021. Text Only Entry (wjmsec, ) (Entered: 04/21/2021) 04/19/2021 151 MOTION to Withdraw as Attorney John F. Peters, Esq. by Defendants City of Fort Collins, Randall Klamser. (Peters, John) (Entered: 04/19/2021) 04/12/2021 150 ORDER. This case is before the Court sua sponte. Defendants Randall Klamser and City of Fort Collins (jointly, "Defendants") have filed Defendants' Motion to Dismiss Plaintiff's First Amended Complaint [ECF 107] Pursuant to Fed. R. Civ. P. 12(b)6), seeking dismissal of all claims in the First Amended Complaint 108 . Klamser also seeks application of qualified immunity. (ECF No. 108 at 4.) In addition, Defendants filed a Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56, seeking summary judgment in their favor on all claims set forth in the First Amended Complaint 118 . The Court acknowledges that in the Motion for Summary Judgment, Defendants state that "Given the timing of the applicable Case Management Order [sic], Defendants filed this Motion for Summary Judgment even though the 2020 Motion to Dismiss is still pending before the Court. This Motion for Summary Judgment, however, is not intended to supersede any request for relief set forth in the 2020 Motion to Dismiss. The arguments set forth in the 2020 Motion to Dismiss are, therefore, incorporated herein." (ECF No. 118 at 3.) However, the Motion for Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 3 of 14 Summary Judgment raises the same arguments made in the Motion to Dismiss but tailors these arguments to the current phase of the litigation by including references to the record developed during discovery, rather than simply relying on the allegations in the First Amended Complaint. Because the Motion for Summary Judgment incorporates the same arguments raised in the Motion to Dismiss, the Court finds that the Motion to Dismiss is indeed superseded and is therefore DENIED WITHOUT PREJUDICE AS MOOT. See Drake v. City and Cnty. of Denver, 953 F. Supp. 1150, 1152 n.1 (D. Colo. 1997) (holding that motions to dismiss were "subsumed by the Motions for Summary Judgment and are denied as moot.") The Court will resolve the substantive issues raised in the Motion to Dismiss when it rules on Defendants' Motion for Summary Judgment. SO ORDERED by Judge William J. Martinez on 4/12/2021. Text Only Entry(wjmlc1, ) (Entered: 04/12/2021) 02/08/2021 149 Minute ORDER by Magistrate Judge N. Reid Neureiter on 8 February 2021. It is hereby ORDERED that Defendants' Unopposed Motion for Leave to Restrict Access to Exhibits 16 &18 to Plaintiff's Consolidated Response to Defendants' Motion to Dismiss and Motion for Summary Judgment (Dkt. # 147 ) is GRANTED finding the subject motion meets the requirements as outlined in D.C.COLO.LCivR 7.2(c). The Clerk is directed to place Dkt. ##129-3 through 129-6 under Level 1 Restriction. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 02/08/2021) 01/31/2021 148 MEMORANDUM regarding 147 Unopposed MOTION for Leave to Restrict filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 1/31/2021. Text Only Entry (wjmsec, ) (Entered: 01/31/2021) 01/26/2021 147 Unopposed MOTION for Leave to Restrict by Defendants City of Fort Collins, Randall Klamser. (Peters, John) (Entered: 01/26/2021) 01/25/2021 146 ORDER. Before the Court is Defendants' Motion for Leave to File Motion to Strike Plaintiff's Expert Pursuant to F.R.C.P. 702 ("Motion") 143 . Plaintiff responded in opposition 145 . Upon due consideration, the Motion is DENIED for lack of good cause shown. SO ORDERED by Judge William J. Martinez on 1/25/2021. Text Only Entry(wjmlc1, ) (Entered: 01/25/2021) 01/25/2021 145 RESPONSE to 143 First MOTION for Leave to File Motion to Strike Plaintiff's Expert Pursuant to F.R.C.P. 702 filed by Plaintiff Michaella Lynn Surat. (Attachments: # 1 Exhibit, # 2 Exhibit)(Oh, Helen) (Entered: 01/25/2021) 01/20/2021 144 ORDER: This matter is before the Court on Defendant's Motion for Leave to File Motion to Strike Plaintiff's Expert Pursuant to F.R.C.P. 702 143 . Plaintiff is DIRECTED to file a Response to the Motion on or before January 25, 2021. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 1/20/2021. Text Only Entry (wjmsec, ) (Entered: 01/20/2021) 01/19/2021 143 First MOTION for Leave to File Motion to Strike Plaintiff's Expert Pursuant to F.R.C.P. 702 by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 01/19/2021) 01/04/2021 142 REPLY to Response to 118 MOTION for Summary Judgment , 108 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N)(Ratner, Mark) (Entered: 01/04/2021) 12/17/2020 141 Minute ORDER by Magistrate Judge N. Reid Neureiter on 17 December 2020. It is hereby ORDERED that Plaintiff's Unopposed Motion to Restrict Public Access to Exhibits 12 and 13 to Plaintiff's Consolidated Response to Defendants' Motion to Dismiss and Motion for Summary Judgment (Dkt. # 138 ) is GRANTED finding the subject motion meets the requirements as outlined in D.C.COLO.LCivR 7.2(c). The Clerk is respectfully directed to place Dkt. ##129-1 & 129-2 under Level 1 Restriction. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 12/17/2020) 12/14/2020 140 MEMORANDUM regarding 138 MOTION for Leave to Restrict filed by Michaella Lynn Surat. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 12/14/2020. Text Only Entry (wjmsec, ) (Entered: 12/14/2020) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 4 of 14 12/10/2020 139 NOTICE of Entry of Appearance by John Felix Peters on behalf of All Defendants Attorney John Felix Peters added to party City of Fort Collins(pty:dft), Attorney John Felix Peters added to party Randall Klamser(pty:dft) (Peters, John) (Entered: 12/10/2020) 12/09/2020 138 MOTION for Leave to Restrict by Plaintiff Michaella Lynn Surat. (Oh, Helen) (Entered: 12/09/2020) 12/08/2020 137 ORDER granting Defendants' Unopposed Motion for Extension of Time to File a Reply, Motion to File a Consolidated Reply, and Motion to Exceed the Court's Page Limitation 136 . Defendants are granted leave, for good cause shown, to file a consolidated Reply in support of their Motion to Dismiss and Motion for Summary Judgment on or before January 4, 2021, not to exceed 30 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 12/8/2020. Text Only Entry(wjmsec, ) (Entered: 12/08/2020) 12/07/2020 136 Unopposed MOTION for Extension of Time to File Response/Reply as to 118 MOTION for Summary Judgment by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 12/07/2020) 12/07/2020 135 Minute ORDER by Magistrate Judge N. Reid Neureiter on 7 December 2020. It is hereby ORDERED that the Motion to Withdraw (Dkt. # 133 ) is GRANTED. Brenden Desmond shall be permitted to withdraw as counsel for Defendant. The Clerk of Court is directed to remove Brenden Desmond from electronic notification in this case. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 12/07/2020) 12/07/2020 134 MEMORANDUM regarding 133 MOTION to Withdraw as Attorney filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 12/7/2020. Text Only Entry (wjmsec, ) (Entered: 12/07/2020) 12/07/2020 133 MOTION to Withdraw as Attorney by Defendants City of Fort Collins, Randall Klamser. (Desmond, Brenden) (Entered: 12/07/2020) 12/02/2020 132 Conventionally Submitted Material : CD - Exhibit 4 to Response to Motion,, 128 by Plaintiff Michaella Lynn Surat. Material stored in the Clerk's Office: oversized area A-3-3. Text Only Entry (angar, ) Modified to specify storage location on 12/9/2020 (jtorr, ). (Entered: 12/03/2020) 12/02/2020 131 Conventionally Submitted Material : CD - Restricted Level 1 Exhibit to Response to Motion, 128 re: Notice of convectional filed material 130], by Plaintiff Michaella Lynn Surat. Material stored in the Clerk's Office: oversized area A-3-3. Text Only Entry. (angar, ) Modified to specify storage location on 12/9/2020 (jtorr, ). (Entered: 12/03/2020) 12/01/2020 130 NOTICE of Conventionally Filed Material by Plaintiff Michaella Lynn Surat (Oh, Helen) (Entered: 12/01/2020) 11/30/2020 129 RESTRICTED DOCUMENT - Level 1 - Exhibits to 128 : by Plaintiff Michaella Lynn Surat.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Oh, Helen) Modified on 12/2/2020 to add title (angar, ). (Entered: 11/30/2020) 11/30/2020 128 RESPONSE to 118 MOTION for Summary Judgment , 108 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff Michaella Lynn Surat. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Oh, Helen) (Entered: 11/30/2020) 11/24/2020 127 ORDER granting Plaintiff's Unopposed Motion for Extension of Time to File Consolidated Response to Defendants' Motion to Dismiss and Motion for Summary Judgment 126 . Plaintiff is granted leave, for good cause shown, to file said Response on or before November 30, 2020. SO ORDERED by Judge William J. Martinez on 11/24/2020. Text Only Entry(wjmsec, ) (Entered: 11/24/2020) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 5 of 14 11/24/2020 126 Unopposed MOTION for Extension of Time to File Response/Reply as to 118 MOTION for Summary Judgment , 108 MOTION to Dismiss Plaintiff's First Amended Complaint by Plaintiff Michaella Lynn Surat. (Oh, Helen) (Entered: 11/24/2020) 10/22/2020 125 Minute ORDER by Magistrate Judge N. Reid Neureiter on 22 October 2020. It is hereby ORDERED that the parties' Joint Motion to Stay Pretrial Order Deadline Until After a Ruling on the Pending Motions (Dkt. # 122 ) is GRANTED finding good cause shown. The Final Pretrial Conference set for November 18, 2020 at 10:00 a.m., and all associated deadlines, are VACATED. Within three (3) days of a ruling by Judge Martinez on the pending motion to dismiss (Dkt. # 108 ) and motion for summary judgment (Dkt. # 118 ), the parties shall, if necessary, jointly contact Chambers (303-335-2403) to reset the Final Pretrial Conference. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 10/22/2020) 10/21/2020 124 ORDER granting Plaintiff's Unopposed Motion for Leave to File Consolidated Response to Motion to Dismiss and Motion for Summary Judgment [Docs. 108 & 118] and Motion for Extension 120 . Plaintiff is granted leave, for good cause shown, to file a consolidated Response to Defendants' Motion to Dismiss and Motion for Summary Judgment on or before November 24, 2020, not to exceed 50 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 10/21/2020. Text Only Entry(wjmsec, ) (Entered: 10/21/2020) 10/21/2020 123 MEMORANDUM regarding 122 Joint MOTION to Stay Pretrial Order Deadlines Until After Ruling on the Pending Motions filed by Michaella Lynn Surat. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 10/21/2020. Text Only Entry (wjmsec, ) (Entered: 10/21/2020) 10/20/2020 122 Joint MOTION to Stay Pretrial Order Deadlines Until After Ruling on the Pending Motions by Plaintiff Michaella Lynn Surat. (Oh, Helen) (Entered: 10/20/2020) 10/19/2020 121 Conventionally Submitted Material : Flash Drive to Notice 119 by Defendants City of Fort Collins, Randall Klamser Text Only Entry (angar, ) Location of stored items, oversized area A-3-4. (Text Only Entry) (jsalz, ). (Entered: 10/20/2020) 10/19/2020 120 Unopposed MOTION for Leave to File Consolidated Response to MTD and MSJ and Motion for Extension by Plaintiff Michaella Lynn Surat. (Oh, Helen) (Entered: 10/19/2020) 10/13/2020 119 NOTICE re 118 MOTION for Summary Judgment by Defendants City of Fort Collins, Randall Klamser (Ratner, Mark) (Entered: 10/13/2020) 10/13/2020 118 MOTION for Summary Judgment by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit Ex. A-Klamser Report-Main, # 2 Exhibit Ex. C-Pastor Report-Supp. 5, # 3 Exhibit Ex. D-Michael Findlay Depo Transcript, # 4 Exhibit Ex. E-Mast Report-Supp. 4, # 5 Exhibit Ex. F-Cory Esslinger Depo Transcript, # 6 Exhibit Ex. G-Trial Transcript-8.21.18)(Ratner, Mark) (Entered: 10/13/2020) 10/07/2020 117 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 10/7/2020. ORDERED that the Motion to Withdraw (Dkt. # 114 ) is GRANTED. Gillian Dale shall be permitted to withdraw as counsel for Defendants Randall Klamser and City of Fort Collins. The Clerk of Court is respectfully directed to remove Gillian Dale from electronic notification in this matter. PLEASE READ THE ATTACHED MINUTE ORDER. (agarc, ) (Entered: 10/07/2020) 10/07/2020 116 ORDER granting Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss First Amended Complaint 113 . Plaintiff is granted leave, for good cause shown, to file said Response on or before October 26, 2020. SO ORDERED by Judge William J. Martinez on 10/7/2020. Text Only Entry(wjmsec, ) (Entered: 10/07/2020) 10/07/2020 115 MEMORANDUM regarding 114 MOTION to Withdraw as Attorney filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 10/7/2020. Text Only Entry (wjmsec, ) (Entered: 10/07/2020) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 6 of 14 10/06/2020 114 MOTION to Withdraw as Attorney by Defendants City of Fort Collins, Randall Klamser. (Dale, Gillian) (Entered: 10/06/2020) 10/06/2020 113 Unopposed MOTION for Extension of Time to File Response/Reply as to 108 MOTION to Dismiss Plaintiff's First Amended Complaint by Plaintiff Michaella Lynn Surat. (Oh, Helen) (Entered: 10/06/2020) 10/06/2020 112 ORDER denying Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss First Amended Complaint [Doc. #108] 111 . Plaintiff's Motion is once again DENIED without prejudice to refiling given Plaintiff's counsel's continuing inability to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 10/6/2020. Text Only Entry(wjmsec, ) (Entered: 10/06/2020) 10/05/2020 111 Unopposed MOTION for Extension of Time to File Response/Reply as to 108 MOTION to Dismiss Plaintiff's First Amended Complaint by Plaintiff Michaella Lynn Surat. (Oh, Helen) (Entered: 10/05/2020) 10/05/2020 110 ORDER denying Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss First Amended Complaint [Doc. #108] 109 . Defendant's Motion is DENIED without prejudice to refiling given Plaintiff's counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 10/5/2020. Text Only Entry(wjmsec, ) (Entered: 10/05/2020) 10/02/2020 109 Unopposed MOTION for Extension of Time to File Response/Reply as to 108 MOTION to Dismiss Plaintiff's First Amended Complaint by Plaintiff Michaella Lynn Surat. (McNulty, Andrew) (Entered: 10/02/2020) 09/14/2020 108 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 09/14/2020) 08/24/2020 107 AMENDED COMPLAINT against Michaella Lynn Surat, filed by Michaella Lynn Surat.(McNulty, Andrew) (Entered: 08/24/2020) 08/11/2020 106 ORDER granting Plaintiff's Motion for Leave to File First Amended Complaint 96 . Plaintiff's Motion is GRANTED for good cause shown. Plaintiff shall file a clean copy of the Amended Complaint as a separate docket entry no later than August 25, 2020, consistent with D.C.COLO.LCivR 15.1(b). Defendants shall answer or otherwise respond to Plaintiff's Amended Complaint no later than on or before 21 days after the First Amended Complaint is filed. The parties shall continue to comply with the deadlines set in the Scheduling Order, as amended 41 . SO ORDERED by Judge William J. Martinez on 8/11/2020. Text Only Entry(wjmlc1) (Entered: 08/11/2020) 07/28/2020 105 Minute ORDER by Magistrate Judge N. Reid Neureiter on 28 July 2020. It is hereby ORDERED that Defendant's Unopposed Motion to Amend Scheduling Order 102 is GRANTED. The Scheduling Order 41 is further AMENDED to extend the Discovery Cut-Off up to and including September 17, 2020, and the Dispositive Motion Deadline up to and including October 13, 2020. It is further ORDERED that the Final Pretrial Conference set for September 29, 2020 at 11:00 a.m. is VACATED and RESET to November 18, 2020 at 10:00 a.m. The proposed Final Pretrial Order shall be filed on or before November 11, 2020. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 07/28/2020) 07/27/2020 104 MEMORANDUM regarding 102 Unopposed MOTION to Amend/Correct/Modify Scheduling Order filed by Randall Klamser. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 7/27/2020. Text Only Entry (wjmsec, ) (Entered: 07/27/2020) 07/27/2020 103 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Discovery Hearing held on 7/27/2020. FTR: Courtroom C203. (Attachments: # 1 Discovery Dispute Statement) (slibi, ) (Entered: 07/27/2020) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 7 of 14 07/27/2020 102 Unopposed MOTION to Amend/Correct/Modify Scheduling Order by Defendant Randall Klamser. (Ratner, Mark) (Entered: 07/27/2020) 07/14/2020 101 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 14 July 2020. Per the request of the parties, it is hereby ORDERED that a Telephonic Discovery Hearing is set on July 27, 2020 at 10:30 a.m. The parties are directed to prepare and email to Chambers, Neureiter_Chambers@cod.uscourts.gov, no later than July 23, 2020 a short (no longer than ten pages) joint statement setting forth each side's respective position concerning the dispute. The parties are advised that the joint statement will be attached to the courtroom minutes and made a part of the record. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 07/14/2020) 05/12/2020 100 MINUTE ORDER granting 98 Motion to Amend Scheduling Order by Magistrate Judge N. Reid Neureiter on 5/12/2020. Discovery due by 8/3/2020. Dispositive Motions due by 8/29/2020. Proposed Pretrial Order due by 9/22/2020. Final Pretrial Conference set for 9/29/2020 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 05/12/2020) 05/12/2020 99 MEMORANDUM regarding 98 Unopposed MOTION to Amend/Correct/Modify Scheduling Order filed by Randall Klamser. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 5/12/2020. Text Only Entry (wjmsec, ) (Entered: 05/12/2020) 05/12/2020 98 Unopposed MOTION to Amend/Correct/Modify Scheduling Order by Defendant Randall Klamser. (Desmond, Brenden) (Entered: 05/12/2020) 04/02/2020 97 NOTICE re 96 MOTION to Amend/Correct/Modify 1 Complaint, by Defendants City of Fort Collins, Randall Klamser (Ratner, Mark) (Entered: 04/02/2020) 03/12/2020 96 MOTION to Amend/Correct/Modify 1 Complaint, by Plaintiff Michaella Lynn Surat. (Attachments: # 1 Proposed Document Redlined Amended Complaint, # 2 Proposed Document Clean Amended Complaint)(McNulty, Andrew) (Entered: 03/12/2020) 03/10/2020 95 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Motion Hearing held on 3/10/2020. ORDER granting in part and denying in part 87 Defendants Opposed Motion for Protective Order Regarding Deposition of Plaintiff and Request for Expedited Determination. FTR: Courtroom C203. (slibi, ) (Entered: 03/10/2020) 03/09/2020 94 RESPONSE to 87 MOTION for Protective Order Regarding Deposition of Plaintiff and Request for Expedited Determination filed by Plaintiff Michaella Lynn Surat. (Attachments: # 1 Exhibit Declaration of Michaella Surat)(Oh, Helen) (Entered: 03/09/2020) 03/09/2020 93 ANSWER to 1 Complaint, by Randall Klamser.(Ratner, Mark) (Entered: 03/09/2020) 03/06/2020 92 MINUTE ORDER granting 90 Motion for Extension of Time by Magistrate Judge N. Reid Neureiter on 3/6/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 03/06/2020) 03/06/2020 91 MEMORANDUM regarding 90 Unopposed MOTION for Extension of Time to disclose experts filed by Randall Klamser. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 3/6/2020. Text Only Entry (wjmsec, ) (Entered: 03/06/2020) 03/06/2020 90 Unopposed MOTION for Extension of Time to disclose experts by Defendant Randall Klamser. (Ratner, Mark) (Entered: 03/06/2020) 03/06/2020 89 MINUTE ORDER re: 87 MOTION for Protective Order Regarding Deposition of Plaintiff and Request for Expedited Determination filed by Randall Klamser, by Magistrate Judge N. Reid Neureiter on 3/06/2020. Motion Hearing set for 3/10/2020 01:30 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. Text Only Entry (slibi, ) (Entered: 03/06/2020) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 8 of 14 03/06/2020 88 MEMORANDUM regarding 87 MOTION for Protective Order Regarding Deposition of Plaintiff and Request for Expedited Determination filed by Randall Klamser. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 3/6/2020. Text Only Entry (wjmsec, ) (Entered: 03/06/2020) 03/06/2020 87 MOTION for Protective Order Regarding Deposition of Plaintiff and Request for Expedited Determination by Defendant Randall Klamser. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Ratner, Mark) (Entered: 03/06/2020) 03/04/2020 86 NOTICE of Entry of Appearance by John R. Duval on behalf of Randall KlamserAttorney John R. Duval added to party Randall Klamser(pty:dft) (Duval, John) (Entered: 03/04/2020) 02/27/2020 85 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 80 Notice of Entry of Appearance, 83 Notice of Entry of Appearance, 76 Notice of Entry of Appearance, filed by attorneyJohn R. Duval, Brenden W. Desmond and Gillian Dale. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (angar, ) (Entered: 02/27/2020) 02/24/2020 84 ORDER granting in part and denying in part Defendants' Motion to Dismiss 23 ; and denying Defendants' Motion to Supplement Their Motion to Dismiss Plaintiff's Complaint 55 , by Judge William J. Martinez on 02/24/2020. (wjmlc1) (Entered: 02/24/2020) 02/21/2020 83 NOTICE of Entry of Appearance by John R. Duval on behalf of City of Fort CollinsAttorney John R. Duval added to party City of Fort Collins(pty:dft) (Duval, John) (Entered: 02/21/2020) 02/20/2020 82 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Motion Hearing held on 2/20/2020. Granting 77 Motion for Protective Order. FTR: Courtroom C203. (swest) (Entered: 02/20/2020) 02/19/2020 81 RESPONSE to 77 MOTION for Protective Order Regarding Deposition of Officer Klamser filed by Plaintiff Michaella Lynn Surat. (Oh, Helen) (Entered: 02/19/2020) 02/19/2020 80 NOTICE of Entry of Appearance by Gillian Dale on behalf of City of Fort Collins, Randall KlamserAttorney Gillian Dale added to party City of Fort Collins(pty:dft), Attorney Gillian Dale added to party Randall Klamser(pty:dft) (Dale, Gillian) (Entered: 02/19/2020) 02/19/2020 79 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 2/19/2020 re: 77 MOTION for Protective Order filed by Randall Klamser, City of Fort Collins. Telephonic Motion Hearing set for 2/20/2020 11:00 AM before Magistrate Judge N. Reid Neureiter. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 02/19/2020) 02/19/2020 78 MEMORANDUM regarding 77 MOTION for Protective Order filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 2/19/2020. Text Only Entry (wjmsec, ) (Entered: 02/19/2020) 02/19/2020 77 MOTION for Protective Order by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order (PDF Only) Proposed Protective Order)(Ratner, Mark) (Entered: 02/19/2020) 02/19/2020 76 NOTICE of Entry of Appearance by Brenden W. Desmond on behalf of All Defendants Attorney Brenden W. Desmond added to party City of Fort Collins(pty:dft), Attorney Brenden W. Desmond added to party Randall Klamser(pty:dft) (Desmond, Brenden) (Entered: 02/19/2020) 01/24/2020 75 PROTECTIVE ORDER by Magistrate Judge N. Reid Neureiter on 1/24/2020. (tsher, ) (Entered: 01/27/2020) 01/24/2020 74 MINUTE ORDER granting 72 Motion for Protective Order by Magistrate Judge N. Reid Neureiter on 1/24/2020. The proposed Protective Order (Dkt. #72-1) is APPROVED and made an Order of Court. (tsher, ) (Entered: 01/27/2020) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 9 of 14 01/24/2020 73 MEMORANDUM regarding 72 Unopposed MOTION for Protective Order filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 1/24/2020. Text Only Entry (wjmsec, ) (Entered: 01/24/2020) 01/24/2020 72 Unopposed MOTION for Protective Order by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Proposed Order (PDF Only))(Ratner, Mark) (Entered: 01/24/2020) 01/23/2020 71 MINUTE ORDER granting 69 Motion to Withdraw as Attorney by Magistrate Judge N. Reid Neureiter on 1/24/2020. Attorney Christina Shavon Gunn terminated from this case. (tsher, ) (Entered: 01/24/2020) 01/23/2020 70 MEMORANDUM regarding 69 MOTION to Withdraw as Attorney Christina S Gunn filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 1/23/2020. Text Only Entry (wjmsec, ) (Entered: 01/23/2020) 01/23/2020 69 MOTION to Withdraw as Attorney Christina S Gunn by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 01/23/2020) 01/17/2020 68 NOTICE of Entry of Appearance by Helen S. Oh on behalf of Michaella Lynn SuratAttorney Helen S. Oh added to party Michaella Lynn Surat(pty:pla) (Oh, Helen) (Entered: 01/17/2020) 01/02/2020 67 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 1/2/20 GRANTING 65 Defendants' Third Motion for Extension of Time to Serve Responses to Discovery. Defendants shall respond to Plaintiffs First Set of Discovery Requests on or before January 6, 2020. (nmarb, ) (Entered: 01/03/2020) 12/31/2019 66 MEMORANDUM regarding 65 Third MOTION for Extension of Time to Serve Responses to Discovery filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 12/31/2019. Text Only Entry (wjmlc1) (Entered: 12/31/2019) 12/30/2019 65 Third MOTION for Extension of Time to Serve Responses to Discovery by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 12/30/2019) 12/18/2019 64 MINUTE ORDER granting 62 Motion for Extension of Time by Magistrate Judge N. Reid Neureiter on 12/18/2019. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 12/18/2019) 12/18/2019 63 MEMORANDUM regarding 62 Unopposed MOTION for Extension of Time to Serve Responses to Discvorery filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 12/18/2019. Text Only Entry (wjmsec, ) (Entered: 12/18/2019) 12/16/2019 62 Unopposed MOTION for Extension of Time to Serve Responses to Discvorery by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 12/16/2019) 11/25/2019 61 ORDER granting 59 Motion to Modify Scheduling Order by Magistrate Judge N. Reid Neureiter on 11/25/2019. Discovery due by 6/3/2020. Dispositive Motions due by 6/29/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 11/25/2019) 11/25/2019 60 MEMORANDUM regarding 59 Unopposed MOTION to Amend/Correct/Modify 41 Scheduling Order filed by Michaella Lynn Surat. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 11/25/2019. Text Only Entry (wjmsec, ) (Entered: 11/25/2019) 11/22/2019 59 Unopposed MOTION to Amend/Correct/Modify 41 Scheduling Order by Plaintiff Michaella Lynn Surat. (McNulty, Andrew) (Entered: 11/22/2019) 11/20/2019 58 ORDER: This matter is before the Court on Defendants' Motion to Supplement their Motion to Dismiss Plaintiff's Complaint (ECF Nos. 23 and 34) 55 . The Court needs no further briefing on this motion, nor will it accept any. The Court will take up the motion alongside Defendants' Motion to Dismiss 23 , in due course. SO ORDERED by Judge William J. Martinez on 11/20/2019. Text Only Entry (wjmlc1) (Entered: Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 10 of 14 11/20/2019) 11/19/2019 57 RESPONSE to 55 MOTION to Supplement 23 MOTION to Dismiss , 34 Reply to Response to Motion filed by Plaintiff Michaella Lynn Surat. (McNulty, Andrew) (Entered: 11/19/2019) 11/19/2019 56 ORDER: This matter is before the Court on Defendants' Motion to Supplement their Motion to Dismiss Plaintiff's Complaint (ECF Nos. 23 and 34) 55 . The Plaintiff is DIRECTED to file a Response to the Motion on or before tomorrow, November 20, 2019. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 11/19/2019. Text Only Entry (wjmsec, ) (Entered: 11/19/2019) 11/18/2019 55 MOTION to Supplement 23 MOTION to Dismiss , 34 Reply to Response to Motion by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit Exhibit A - Order Affirming County Court Convictions)(Gunn, Christina) (Entered: 11/18/2019) 11/08/2019 54 MINUTE ORDER granting 52 Motion for Extension of Time to Serve Responses to Discovery, by Magistrate Judge N. Reid Neureiter on 11/8/2019. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 11/08/2019) 11/08/2019 53 MEMORANDUM regarding 52 Unopposed MOTION for Extension of Time to Serve Responses to Discovery filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 11/8/2019. Text Only Entry (wjmsec, ) (Entered: 11/08/2019) 11/07/2019 52 Unopposed MOTION for Extension of Time to Serve Responses to Discovery by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 11/07/2019) 09/16/2019 51 TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 09/03/2019 before Magistrate Judge Neureiter. Pages: 1-23. Prepared by: AB Court Reporting & Video, Inc.. 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. (AB Court Reporting & Video, Inc., ) (Entered: 09/16/2019) 09/13/2019 50 ORDER denying 35 Motion to Stay Proceedings, by Magistrate Judge N. Reid Neureiter on 9/13/2019.(tsher, ) (Entered: 09/13/2019) 09/10/2019 49 NOTICE re 48 Order on Motion to Stay, Motion Hearing by Plaintiff Michaella Lynn Surat (McNulty, Andrew) (Entered: 09/10/2019) 09/03/2019 48 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Motion Hearing held on 9/3/2019. ORDER taking under advisement 35 Defendants Motion to Stay Proceedings. FTR: Courtroom C205. (slibi, ) (Entered: 09/05/2019) 08/20/2019 47 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 8/20/2019 re: 35 MOTION to Stay Proceedings filed by Randall Klamser, City of Fort Collins. Motion Hearing set for 9/3/2019 09:30 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter. (tsher, ) (Entered: 08/20/2019) 08/19/2019 46 REPLY to Response to 35 MOTION to Stay Proceedings filed by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 08/19/2019) 08/08/2019 45 MINUTE ORDER granting 43 Motion for Extension of Time to File Reply, by Magistrate Judge N. Reid Neureiter on 8/8/2019. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 08/08/2019) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 11 of 14 08/08/2019 44 MEMORANDUM regarding 43 Unopposed MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Stay Proceedings filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 8/8/2019. Text Only Entry (wjmsec, ) (Entered: 08/08/2019) 08/07/2019 43 Unopposed MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Stay Proceedings by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 08/07/2019) 07/30/2019 42 NOTICE of Entry of Appearance by David Arthur Lane on behalf of Michaella Lynn SuratAttorney David Arthur Lane added to party Michaella Lynn Surat(pty:pla) (Lane, David) (Entered: 07/30/2019) 07/29/2019 39 RESPONSE to 35 MOTION to Stay Proceedings filed by Plaintiff Michaella Lynn Surat. (Attachments: # 1 Exhibit)(McNulty, Andrew) (Entered: 07/29/2019) 07/26/2019 41 SCHEDULING ORDER by Magistrate Judge N. Reid Neureiter on 7/26/2019. (slibi, ) (Entered: 07/30/2019) 07/26/2019 40 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Scheduling Conference held on 7/26/2019. Discovery due by 4/3/2020. Dispositive Motions due by 4/24/2020. Joint Status Report due by 2/21/2020. Final Pretrial Conference set for 7/7/2020 09:30 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C205. (slibi, ) (Entered: 07/30/2019) 07/26/2019 38 MINUTE ORDER granting 33 Motion to Withdraw as Counsel of Record, by Magistrate Judge N. Reid Neureiter on 7/26/2019. Attorney Tania N. Valdez terminated.(slibi, ) (Entered: 07/26/2019) 07/26/2019 37 MEMORANDUM regarding 35 MOTION to Stay Proceedings filed by Randall Klamser, City of Fort Collins. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 7/26/2019. (wjmsec, ) (Entered: 07/26/2019) 07/25/2019 36 MEMORANDUM regarding 33 MOTION to Withdraw as Attorney filed by Michaella Lynn Surat. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 7/25/2019. Text Only Entry (wjmsec, ) (Entered: 07/25/2019) 07/24/2019 35 MOTION to Stay Proceedings by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit A - Updated Notice of Appeal, # 2 Exhibit B - Criminal Jury Instructions)(Gunn, Christina) (Entered: 07/24/2019) 07/24/2019 34 REPLY to Response to 23 MOTION to Dismiss filed by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit A - FTR Transcriber's Transcript)(Gunn, Christina) (Entered: 07/24/2019) 07/24/2019 33 MOTION to Withdraw as Attorney by Plaintiff Michaella Lynn Surat. (Valdez, Tania) (Entered: 07/24/2019) 07/19/2019 32 NOTICE of Entry of Appearance by Andrew Joseph McNulty on behalf of Michaella Lynn SuratAttorney Andrew Joseph McNulty added to party Michaella Lynn Surat(pty:pla) (McNulty, Andrew) (Entered: 07/19/2019) 07/08/2019 31 ORDER granting Defendants' Amended Unopposed Motion for Extension of Time to File a Reply in Support of Motion to Dismiss 30 . Defendants are granted leave, for good cause shown, to file said Reply on or before July 24, 2019. It is FURTHER ORDERED that Defendants' Unopposed Motion for Extension of Time to File a Reply in Support of Motion to Dismiss 29 is DENIED as MOOT. SO ORDERED by Judge William J. Martinez on 7/8/2019. Text Only Entry(wjmsec, ) (Entered: 07/08/2019) 07/08/2019 30 MOTION to Amend/Correct/Modify 29 Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 07/08/2019) 07/08/2019 29 Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss by Defendants City of Fort Collins, Randall Klamser. (Ratner, Mark) (Entered: 07/08/2019) 07/03/2019 28 RESPONSE to 23 MOTION to Dismiss filed by Plaintiff Michaella Lynn Surat. (Valdez, Tania) (Entered: 07/03/2019) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 12 of 14 06/28/2019 27 ORDER granting Plaintiff's Unopposed Motion for Extension of Time to Respond to Motion to Dismiss 26 . Plaintiff is granted leave, for good cause shown, to file said Response on or before July 3, 2019. SO ORDERED by Judge William J. Martinez on 6/28/2019. Text Only Entry(wjmsec, ) (Entered: 06/28/2019) 06/28/2019 26 Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss by Plaintiff Michaella Lynn Surat. (Valdez, Tania) (Entered: 06/28/2019) 06/27/2019 25 ORDER denying Plaintiff's Unopposed Motion for Extension of Time to Respond to Motion to Dismiss 24 . Plaintiff's Motion is DENIED without prejudice to refiling given Plaintiff's counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 6/27/2019. Text Only Entry(wjmsec, ) (Entered: 06/27/2019) 06/27/2019 24 Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss by Plaintiff Michaella Lynn Surat. (Valdez, Tania) (Entered: 06/27/2019) 06/07/2019 23 MOTION to Dismiss by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit A - Criminal Jury Instructions)(Gunn, Christina) (Entered: 06/07/2019) 06/07/2019 22 STRICKEN MOTION to Dismiss by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit A - Criminal Jury Instructions)(Gunn, Christina) Modified on 6/7/2019 pursuant to filing error. (tsher, ). Modified on 6/7/2019 (tsher, ). (Entered: 06/07/2019) 06/07/2019 21 MINUTE ORDER Scheduling/Planning Conference set for 7/26/2019 10:00 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter, by Magistrate Judge N. Reid Neureiter on 6/07/2019. (slibi, ) (Entered: 06/07/2019) 06/03/2019 20 MINUTE ORDER due to personal circumstances, it is hereby ORDERED that the Scheduling Conference set for June 5, 2019 is VACATED, by Magistrate Judge N. Reid Neureiter on 6/03/2019. It is further ORDERED that on or before June 14, 2019, the parties shall jointly contact Chambers (303-335-2403) to reschedule the Scheduling Conference. Text Only Entry (slibi, ) Modified on 6/3/2019 to edit reschedule date (slibi, ). (Entered: 06/03/2019) 05/28/2019 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 18 Proposed Scheduling Order filed by attorney Tania Valdez. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (angar, ) (Entered: 05/29/2019) 05/28/2019 18 Proposed Scheduling Order by Plaintiff Michaella Lynn Surat. (Valdez, Tania) (Entered: 05/28/2019) 05/24/2019 17 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 5/ 24/2019. Text Only Entry (wjmsec, ) (Entered: 05/24/2019) 05/24/2019 16 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 13 of 14 Judge William J. Martinez on 5/24/2019. Text Only Entry (wjmsec, ) (Entered: 05/24/2019) 05/23/2019 15 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 19-cv-00901-WJM. (athom, ) (Entered: 05/23/2019) 05/23/2019 14 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 19-cv-00901-REB. (Text Only Entry) (slibi, ) (Entered: 05/23/2019) 05/22/2019 13 CONSENT to Jurisdiction of Magistrate Judge by Defendants City of Fort Collins, Randall Klamser All parties do not consent.. (Ratner, Mark) (Entered: 05/22/2019) 05/14/2019 12 MINUTE ORDER denying 11 Unopposed Motion to Reset Scheduling Conference, by Magistrate Judge N. Reid Neureiter on 5/14/2019.(slibi, ) (Entered: 05/14/2019) 05/14/2019 11 Unopposed MOTION to Reset Scheduling Conference by Defendants City of Fort Collins, Randall Klamser. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ratner, Mark) (Entered: 05/14/2019) 05/14/2019 10 NOTICE of Entry of Appearance by Mark Scott Ratner on behalf of City of Fort Collins, Randall KlamserAttorney Mark Scott Ratner added to party City of Fort Collins(pty:dft), Attorney Mark Scott Ratner added to party Randall Klamser(pty:dft) (Ratner, Mark) (Entered: 05/14/2019) 05/14/2019 9 NOTICE of Entry of Appearance by Christina Shavon Gunn on behalf of City of Fort Collins, Randall KlamserAttorney Christina Shavon Gunn added to party City of Fort Collins(pty:dft), Attorney Christina Shavon Gunn added to party Randall Klamser(pty:dft) (Gunn, Christina) (Entered: 05/14/2019) 05/10/2019 8 WAIVER OF SERVICE Returned Executed by Michaella Lynn Surat. City of Fort Collins waiver sent on 4/8/2019, answer due 6/7/2019; Randall Klamser waiver sent on 4/8/2019, answer due 6/7/2019. (Attachments: # 1 Continuation of Main Document)(Lane, David) (Entered: 05/10/2019) 03/29/2019 7 NOTICE of Entry of Appearance by Tania N. Valdez on behalf of Michaella Lynn Surat (Valdez, Tania) (Entered: 03/29/2019) 03/27/2019 5 ORDER Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Non-Consent Form, by Magistrate Judge N. Reid Neureiter on 3/27/2019. Consent/Non-Consent Form due on or before 5/22/2019. Scheduling/Planning Conference set for 6/5/2019 01:30 PM in Courtroom C205 before Magistrate Judge N. Reid Neureiter. (slibi, ) (Entered: 03/27/2019) 03/26/2019 6 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 1 Complaint, filed by attorneyTania Valdez and David Lane.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (rroge, ) (Entered: 03/28/2019) 03/26/2019 4 SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (rroge, ) Modified on 3/28/2019 to correct Summons date (rroge, ). (Entered: 03/26/2019) 03/26/2019 3 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (rroge, ) (Entered: 03/26/2019) 03/26/2019 2 SUMMONS REQUEST as to Randall Klamser and City of Fort Collins re 1 Complaint, by Plaintiff Michaella Surat. (Attachments: # 1 Summons)(Lane, David) (Entered: 03/26/2019) 03/26/2019 1 COMPLAINT and Jury Demand against City of Fort Collins, Randall Klamser (Filing fee $ 400,Receipt Number 1082-6602943)Attorney David Arthur Lane added to party Michaella Surat(pty:pla), filed by Michaella Surat. (Attachments: # 1 Civil Cover Sheet)(Lane, David) (Entered: 03/26/2019) Case 1:19-cv-00901-WJM-NRN Document 159-1 Filed 08/11/21 USDC Colorado Page 14 of 14