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Home My WebLink About2017CV884 - Chayce Anderson V. Fcps Officer Jason Shutters - 176 - Designation Of Record FormUNITED STATES DISTRICT COURT CHAYCE AARON ANDERSON Plaintiff-Appellant, v. JASON SHUTTERS Defendant-Appellee. District Court No. 17-cv-00884-CMA- STV Court of Appeals No. 20-1165 NOTE: THIS DESIGNATION FORM MUST BE COMPLETED AND FILED IN ACCORDANCE WITH THE INSTRUCTIONS ON THE REVERSE SIDE OF THE FORM. Those original papers which have been designated by circling their respective docket numbers (or dates of entry) on the attached copy of the district court’s docket sheets should be included in the record on appeal prepared by the clerk of the district court and transmitted to the clerk of the court of appeals. (If the district court clerk so elects, original papers may be retained in the district court and copies thereof may be included in the record on appeal.) The following items should also be included in the record on appeal. (Portions of transcripts should be designated by hearing dates and page numbers.) 1.____________________________________________________________________ 2.____________________________________________________________________ 3.____________________________________________________________________ 4.____________________________________________________________________ 5.____________________________________________________________________ (Attach additional sheets if necessary) Signature: _s/Christopher J. Casolaro Counsel for: Chayce Aaron Anderson I hereby certify that a copy of this designation, with docket sheets attached, was served on opposing counsel and filed with the clerk of the court of appeals on May 12, 2020. Signature: ____________________________________ /s/ Colleen H. Russell _ Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 1 of 26 A-9 Designation of Record Form 12/09 INSTRUCTIONS If appellant is represented by court-appointed counsel, or is represented by retained counsel, but a co-defendant who appeals is represented by court-appointed counsel, appellant’s counsel must designate the record on appeal by completing and filing this form with the clerk of the district court within 14 days after filing the notice of appeal. Copies must be served on all parties to the appeal and a copy must be filed with the clerk of the court of appeals. Within 14 days after service of appellant’s designation, appellee may file and serve an additional designation. Copies of the district court docket sheets must be attached to every copy of the designation filed or served. Although nonessential parts of the district court record should not be designated for inclusion in the record on appeal, it is counsel’s responsibility to see that the record on appeal is sufficient for consideration and determination of the issues on appeal, and the court is under no obligation to remedy any failure of counsel to fulfill that responsibility. Every record on appeal must contain: 1) the last amended complaint and answer, or the indictment or information and any superseding indictment or information; 2) the final pretrial order (if any); 3) the district court’s (and bankruptcy court’s or magistrate’s) pertinent findings and conclusions, opinions, or orders, and, if the findings and conclusions were stated orally, a copy of the transcript pages where they appear; 4) the final judgment or order from which the appeal is taken; 5) all jury instructions when an instruction is an issue on appeal, along with proposed instructions which were refused; 6) the notice of appeal; and 7) the district court docket sheets. The following additional items should be included in the record on appeal under the circumstances indicated: 1) when an appeal is based upon a challenge to the admission or exclusion of evidence, the giving or failure to give a jury instruction, or any other ruling or order, a copy of the pages of reporter’s transcript at which the evidence, offer of proof, instruction, ruling, or order and any necessary objection are reproduced; 2) copies of key trial exhibits if the appeal requires an analysis of those exhibits (exhibits withdrawn from the district court should not be designated, but may be included in an addendum to the party’s appellate brief); 3) relevant portions of briefs, memoranda, affidavits and depositions filed in support of, or in opposition to, a substantive motion--such as a motion for summary judgment, motion to dismiss, or jurisdictional motion, when the appeal is from an order granting or denying the motion; 4) other items, including excerpts of transcripts, if expressly referred to in the brief and relevant to an issue raised on appeal. Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 2 of 26 ALLMTN,APPEAL,JD1,MJ CIV PP,TERMED U.S. District Court - District of Colorado District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:17-cv-00884-CMA-STV Anderson v. Boxberger et al Assigned to: Judge Christine M. Arguello Referred to: Magistrate Judge Scott T. Varholak Demand: $225,000 Case in other court: USCA, 20-01165 Cause: 42:1983 Prisoner Civil Rights Date Filed: 04/11/2017 Date Terminated: 02/25/2020 Jury Demand: Both Nature of Suit: 550 Prisoner - Civil Rights (U.S. not a defendant) Jurisdiction: Federal Question Plaintiff Chayce Aaron Anderson represented by Alexandra Lynn Lakshmanan Faegre Drinker Biddle & Reath LLP- Denver 1144 Fifteenth Street Suite 3400 Denver, CO 80202 303-607-3678 Email: allie.lakshmanan@faegredrinker.com ATTORNEY TO BE NOTICED Christopher J. Casolaro Faegre Drinker Biddle & Reath LLP- Denver 1144 Fifteenth Street Suite 3400 Denver, CO 80202 303-607-3500 Fax: 303-607-3600 Email: christopher.casolaro@faegredrinker.com ATTORNEY TO BE NOTICED Heather Campbell Burgess Faegre Drinker Biddle & Reath LLP- Chicago-S. Wacker Dr. Page 1 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 3 of 26 311 South Wacker Drive Suite 4400 Chicago, IL 60606-6622 312-356-5012 Email: heather.burgess@faegredrinker.com ATTORNEY TO BE NOTICED L Rhyddid Watkins Martin & Hild P.A. 14231 East 4th Avenue Suite 380 Aurora, CO 80011 720-242-8548 Email: lrw@martinhild.com TERMINATED: 06/17/2019 Travis Steven Jordan Faegre Drinker Biddle & Reath LLP- Denver 1144 Fifteenth Street Suite 3400 Denver, CO 80202 303-607-3651 Email: travis.jordan@faegredrinker.com ATTORNEY TO BE NOTICED V. Defendant Jason Shutters in their Individual Capacity only represented by 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 Page 2 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 4 of 26 Mark Delano in their Individual Capacity only TERMINATED: 07/06/2017 Defendant Cara Boxberger in their Individual Capacity only TERMINATED: 01/03/2018 Date Filed # Docket Text 04/11/2017 1 Prisoner COMPLAINT against Cara Boxberger, Cara (I) Boxberger, Mark (I) Delano, Jason Shutters, Jason (I) Shutters, filed by Chayce Aaron Anderson. (Attachments: # 1 Envelope) (dbera, ) (Entered: 04/11/2017) 04/11/2017 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (dbera, ) (Entered: 04/11/2017) 04/11/2017 3 Prisoner's MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Chayce Aaron Anderson. (dbera, ) (Entered: 04/11/2017) 04/11/2017 4 MOTION For Appointment of (Pro Bono) Counsel by Plaintiff Chayce Aaron Anderson. (dbera, ) (Entered: 04/11/2017) 04/12/2017 5 ORDER granting 3 Motion for Leave to Proceed in Forma Pauperis, and denying 4 Motion for Appointment of Counsel, by Magistrate Judge Gordon P. Gallagher on 4/12/17. The Clerk shall send this Order to the Larimer County Jail Business Office (mailed as ordered). (dkals, ) (Entered: 04/12/2017) 04/13/2017 6 ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT by Magistrate Judge Gordon P. Gallagher on 4/13/17. (dkals, ) (Entered: 04/13/2017) 04/28/2017 7 LETTER by Plaintiff Chayce Aaron Anderson. (dkals, ) (Entered: 04/28/2017) 05/01/2017 8 MINUTE ORDER directing the clerk to mail Plaintiff a Prisoner Complaint form by Judge Lewis T. Babcock on 5/1/17 (mailed as ordered). (dkals, ) (Entered: 05/01/2017) 05/10/2017 9 Page 3 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 5 of 26 AMENDED COMPLAINT against Cara Boxberger, Mark Delano, Jason Shutters, filed by Chayce Aaron Anderson.(dkals, ) (Entered: 05/11/2017) 05/11/2017 10 LETTER by Plaintiff Chayce Aaron Anderson. (dkals, ) (Entered: 05/11/2017) 05/15/2017 11 Mail Returned as Undeliverable: 8 Minute Order addressed to Chayce Aaron Anderson. (dkals, ) (Entered: 05/15/2017) 05/30/2017 12 LETTER by Plaintiff Chayce Aaron Anderson. (dkals, ) (Entered: 05/30/2017) 06/06/2017 13 LETTER by Plaintiff Chayce Aaron Anderson. (angar, ) (Entered: 06/06/2017) 06/06/2017 14 MOTION for Appointment of Counsel #2 by Plaintiff Chayce Aaron Anderson. (angar, ) (Entered: 06/06/2017) 06/09/2017 15 LETTER by Plaintiff Chayce Aaron Anderson. (dkals, ) (Entered: 06/09/2017) 07/03/2017 16 MINUTE ORDER denying 14 Motion for Appointment of Counsel #2 by Judge Lewis T. Babcock on 7/3/17. (dkals, ) (Entered: 07/03/2017) 07/06/2017 17 ORDER to Dismiss in part and to Draw Case. Case randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. Magistrate Judge Gordon P. Gallagher no longer assigned to case, Cara Boxberger and Mark Delano are dismissed, by Judge Lewis T. Babcock on 07/06/2017. (angar, ) (Entered: 07/06/2017) 07/07/2017 18 CERTIFICATE of Service by Clerk of Court re 9 Amended Complaint, 17 Order to Dismiss in Part and to Draw Case (Attachments: # 1 USMS Form) (amenz, ) (Entered: 07/07/2017) 07/11/2017 19 Mail Returned as Undeliverable re: 16 MINUTE ORDER Addressed to Chayce Aaron Anderson. (angar, ) (Entered: 07/12/2017) 07/12/2017 20 CERTIFICATE of Service by Mail by Clerk of Court re 16 Order on Motion for Order and 17 Order Reassigning Case, to Chayce Aaron Anderson, #175290, Bent County Correctional Facility (BCCF), 11560 Road FF75, Las Animas, CO 81054-9573. Text Only Entry (morti, ) (Entered: 07/12/2017) 07/13/2017 21 Page 4 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 6 of 26 ORDER setting Scheduling Conference for 9/15/2017 10:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Consent Form due by 9/1/2017. (jgonz, ) (Entered: 07/13/2017) 07/18/2017 22 Mail Returned as Undeliverable re: 17 Order Reassigning Case Addressed to Chayce Aaron Anderson. (jgonz, ) (Entered: 07/19/2017) 07/18/2017 23 Mail Returned as Undeliverable re: 18 Certificate of Service Addressed to Chayce Aaron Anderson. (jgonz, ) (Entered: 07/19/2017) 07/18/2017 24 LETTER by Plaintiff Chayce Aaron Anderson. (angar, ) (Entered: 07/19/2017) 07/26/2017 25 LETTER from Chayce Aaron Anderson (Attachments: # 1 Envelope) (tsher, ) (Entered: 07/27/2017) 07/28/2017 26 MINUTE ORDER re: 25 Letter by Magistrate Judge Scott T. Varholak on 7/28/2017. IT IS ORDERED that the Clerk of Court shall mail a copy of the following documents to Plaintiff: 1. The docket sheet; 2. Minute Order, dated July 3, 2017 16 ; 3. Order to Dismiss in Part and to Draw Case, dated July 6, 2017 17 ; 4. the template joint proposed scheduling order and instructions, available from the Courts website; 5. the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website; and 6. a copy of this Order. (jgonz, ) Modified on 7/31/2017 to correct file date (jgonz, ). (Entered: 07/31/2017) 07/31/2017 27 CERTIFICATE of Service by Mail by Clerk of Court re 26 Minute Order,to Chayce Aaron Anderson (jgonz, ) (Entered: 07/31/2017) 08/03/2017 28 Mail Returned as Undeliverable re: 20 Certificate of Service, Addressed to Chayce Aaron Anderson. (jgonz, ) (Entered: 08/03/2017) 08/16/2017 29 NOTICE of Change of Address/Contact Information and letter re status by Plaintiff Chayce Aaron Anderson (Attachments: # 1 Envelope)(jgonz, ) (Entered: 08/16/2017) 08/18/2017 30 SUMMONS Returned Executed Jason Shutters served on 8/9/2017, answer due 8/30/2017. (jgonz, ) (Entered: 08/22/2017) 08/28/2017 31 MOTION for Extension of Time to File Answer or Otherwise Respond re 9 Amended Complaint by Defendant Jason Shutters. (Ratner, Mark) (Entered: 08/28/2017) Page 5 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 7 of 26 08/28/2017 32 ORDER granting 31 Motion for Extension of Time to File a Response to Plaintiff's Amended Complaint. Defendant Jason Shutters shall respond to the Amended Complaint on or before 9/13/2017. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/28/2017. Text Only Entry (stvlc1, ) (Entered: 08/28/2017) 08/29/2017 33 CERTIFICATE of Service by Mail by Clerk of Court re 32 Order on Motion for Extension of Time to Answer or Otherwise Respond, to Chayce Aaron Anderson, # 175290, Arkansas Valley Correctional Facility (AVCF), 12750 Highway 96 at Lane 13, Ordway, CO 81034. Text Only Entry (jgonz, ) (Entered: 08/29/2017) 08/30/2017 34 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Chayce Aaron Anderson All parties do not consent.. (jgonz, ) (Entered: 08/31/2017) 08/30/2017 35 NOTICE re Status by Plaintiff Chayce Aaron Anderson (jgonz, ) (Entered: 08/31/2017) 08/31/2017 36 CASE REASSIGNED pursuant to 34 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 17-cv-00884-CMA. (Text Only Entry) (jgonz, ) (Entered: 08/31/2017) 08/31/2017 37 CERTIFICATE of Service by Mail by Clerk of Court re 36 Case Reassigned, to Chayce A. Anderson, WCA#8, LARIMER COUNTY JAIL, 2405 MIDPOINT DRIVE, FORT COLLINS, COLORADO 80525, pursuant to 35 Notice by Plaintiff. Text Only Entry (jgonz, ) (Entered: 08/31/2017) 09/11/2017 38 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, 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 Page 6 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 8 of 26 conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 9/11/2017. Text Only Entry (cmasec) (Entered: 09/11/2017) 09/11/2017 39 MOTION for Extension of Time to File Proposed Scheduling Order and Continue Schedulinhg Conference by Defendant Jason Shutters. (Attachments: # 1 Proposed Order (PDF Only))(Ratner, Mark) (Entered: 09/11/2017) 09/12/2017 40 MEMORANDUM regarding 39 MOTION for Extension of Time to File Proposed Scheduling Order and Continue Schedulinhg Conference filed by Jason Shutters. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 9/12/2017. Text Only Entry (cmasec) (Entered: 09/12/2017) 09/12/2017 41 ORDER; 39 Defendant's Motion for Extension of Time to File Proposed Scheduling Order and Continue Scheduling Conference is GRANTED IN PART AND DENIED IN PART. A Telephonic Status Conference set for 10/25/2017 10:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties may participate in the conference by calling the Court at 303.335.2365 at thescheduled time, by Magistrate Judge Scott T. Varholak on 9/12/17. (morti, ) (Entered: 09/12/2017) 09/12/2017 42 Mail Returned as Undeliverable re: 37 Certificate of Service, 36 Case Reassigned, Addressed to Chayce A. Anderson. (athom, ) (Entered: 09/13/2017) 09/13/2017 43 MOTION to Dismiss Plaintiff's Amended Complaint (ECF No. 9) Pursuant to Fed.RCiv.P. 12(b)(6) by Defendant Jason Shutters. (Attachments: # 1 Exhibit)(Ratner, Mark) (Entered: 09/13/2017) 09/18/2017 44 MOTION to Stay Discoverey opu7rsuant to Fed.R.Civ.P 26(c)(1) Pending Determination of Qualified Immunity by Defendant Jason Shutters. (Ratner, Mark) (Entered: 09/18/2017) 09/20/2017 45 ORDER granting 44 Motion to Stay Pending Ruling on 43 Motion to Dismiss. SO ORDERED by Judge Christine M. Arguello on 9/20/2017. Text Only Entry (cmasec) (Entered: 09/20/2017) 10/16/2017 46 LETTER by Plaintiff Chayce Aaron Anderson. (cthom, ) (Entered: 10/17/2017) 10/17/2017 47 ORDER by Magistrate Judge Scott T. Varholak on 10/17/2017. Pending Determination of Qualified Immunity 45 , the Court VACATES the Telephonic Status Conference set for October 25, 2017 at 10:00 AM. The Court will set a Scheduling Conference, if Page 7 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 9 of 26 necessary, after resolution of Defendants Motion to Dismiss 43 . The Clerk of Court is directed to mail a copy of this Order to Plaintiff at both the Arkansas Valley Correctional Facility and the Larimer County Correctional Facility. [See # 46 ] (jgonz, ) (Entered: 10/17/2017) 10/17/2017 48 CERTIFICATE of Service by Mail by Clerk of Court re 47 Order, to Chayce Aaron Anderson, Larimer County Jail, 2405 Midpoint Drive, Fort Collins Colorado 80252 and Chayce Aaron Anderson, # 175290, Arkansas Valley Correctional Facility (AVCF), 12750 Highway 96 at Lane 13, Ordway, CO 81034. Text Only Entry (jgonz, ) (Entered: 10/17/2017) 11/06/2017 49 MOTION to Continuance, or Request Rescheduling of Scheduling Conference Due to Jury Trial Conflict by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Envelope) (athom, ) (Entered: 11/07/2017) 11/06/2017 50 MOTION to Amend 9 "Amended Prisoner Complaint" in Compliance with Federal Rule of Civil Procedure #15 by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Proposed Document Second Amended Prisoner Complaint, # 2 Envelope) (athom, ) (Entered: 11/07/2017) 11/13/2017 51 MEMORANDUM regarding 49 MOTION to Continue filed by Chayce Aaron Anderson, 50 MOTION to Amend/Correct/Modify 9 Amended Complaint filed by Chayce Aaron Anderson. Motions referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 11/13/2017. Text Only Entry (cmasec) (Entered: 11/13/2017) 11/13/2017 52 ORDER finding as moot 49 Motion to Continue or Request to Reschedule the Scheduling Conference Due to Jury Trial Conflict in light of 47 Order Vacating Telephonic Status Conference. The Clerk of Court is directed to send a copy of this Order to Plaintiff at both the Arkansas Valley Correctional Facility and the Larimer County Correctional Facility. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/13/2017. Text Only Entry (stvlc1, ) (Entered: 11/13/2017) 11/13/2017 53 MINUTE ORDER re: 50 MOTION to 9 Amend Complaint 9 filed by Chayce Aaron Anderson. The Court sets the following expedited briefing schedule for the Motion: Defendant shall file his response to the Motion on or before 11/27/2017 and Plaintiff may then file a reply in support of the Motion on or before 12/4/2017. Page 8 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 10 of 26 The Clerk of Court is directed to send a copy of this Minute Order to Plaintiff at both the Arkansas Valley Correctional Facility and the Larimer County Correctional Facility. SO ORDERED by Magistrate Judge Scott T. Varholak on 11/13/2017. (jgonz, ) (Entered: 11/13/2017) 11/13/2017 54 CERTIFICATE of Service by Mail by Clerk of Court re 53 Minute Order, to Chayce Aaron Anderson, Larimer County Jail, 2405 Midpoint Drive, Fort Collins Colorado 80252 and Chayce Aaron Anderson, # 175290, Arkansas Valley Correctional Facility (AVCF), 12750 Highway 96 at Lane 13, Ordway, CO 81034. Text Only Entry. (jgonz, ) (Entered: 11/13/2017) 11/14/2017 55 CERTIFICATE of Service by Mail by Clerk of Court re 52 Order on Motion to Continue, to Chayce Aaron Anderson, Larimer County Jail, 2405 Midpoint Drive, Fort Collins Colorado 80252 and Chayce Aaron Anderson, # 175290, Arkansas Valley Correctional Facility (AVCF), 12750 Highway 96 at Lane 13, Ordway, CO 81034. Text Only Entry (jgonz, ) (Entered: 11/14/2017) 11/20/2017 56 RESPONSE to 50 MOTION to Amend/Correct/Modify 9 Amended Complaint filed by Defendant Jason Shutters. (Ratner, Mark) (Entered: 11/20/2017) 11/30/2017 57 REPLY in Support to Response to 50 MOTION to Amend/Correct/Modify 9 Amended Complaint filed by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Envelope) (athom, ) (Entered: 12/01/2017) 12/11/2017 58 MEMORANDUM regarding 43 MOTION to Dismiss Plaintiff's Amended Complaint (ECF No. 9) Pursuant to Fed.RCiv.P. 12(b) (6) filed by Jason Shutters. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 12/11/2017. Text Only Entry (cmasec) (Entered: 12/11/2017) 12/12/2017 59 Mail Returned as Undeliverable re: 57 Reply in Support to Response to 50 MOTION to Amend/Correct/Modify 9 Amended Complaint Addressed to Chayce Aaron Anderson. (athom, ) (Entered: 12/14/2017) 12/13/2017 60 RECOMMENDATION and ORDER denying as moot 43 Motion to Dismiss and granting 50 Motion to Amend, by Magistrate Judge Scott T. Varholak on 12/13/2017. The Clerk of Court is directed to enter Docket No. 50-1 as Plaintiff's Second Amended Complaint. (tsher, ) (Entered: 12/14/2017) Page 9 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 11 of 26 12/13/2017 61 Plaintiff's SECOND AMENDED COMPLAINT against Cara Boxberger and Jason Shutters, filed by Chayce Aaron Anderson. (tsher, ) (Entered: 12/14/2017) 12/13/2017 62 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 61 Second Amended Complaint filed by Chayce Aaron Anderson. This Court respectfully RECOMMENDS that Claims Three, Four, and Six in the Second Amended Complaint be DISMISSED; Claim Five, as asserted against Defendant Boxberger be DISMISSED; and that Defendant Boxberger be dismissed as a party to this lawsuit, by Magistrate Judge Scott T. Varholak on 12/13/2017. Text Only Entry. See Document # 60 . (jgonz, ) (Entered: 12/19/2017) 12/28/2017 63 MOTION to Dismiss Plaintiff's Second Amended Complaint by Defendant Jason Shutters. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Ratner, Mark) (Entered: 12/28/2017) 12/29/2017 64 MEMORANDUM regarding 63 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Jason Shutters. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 12/29/2017. Text Only Entry (cmasec) (Entered: 12/29/2017) 12/29/2017 65 Mail Returned as Undeliverable re: 60 Order on Motion to Dismiss, Order on Motion to Amend/Correct/Modify, Addressed to Chayce Aaron Anderson. (cthom, ) (Entered: 12/29/2017) 01/03/2018 66 ORDER Affirming and Adopting the Recommendation of United States Magistrate Judge Scott T. Varholak. The Report and Recommendation of United States Magistrate Judge Varholak (Doc. ## 60 , 62 ) is AFFIRMED and ADOPTED. Claims Three, Four, and Six in the Second Amended Complaint are DISMISSED WITH PREJUDICE. Claim Five, as asserted against Defendant Boxberger is DISMISSED WITH PREJUDICE. Defendant Boxberger is DISMISSED as a party to this lawsuit. By Judge Christine M. Arguello on 01/03/2018. (athom, ) (Entered: 01/03/2018) 01/16/2018 68 Mail Returned as Undeliverable re: 66 Order on Report and Recommendations, Addressed to Chayce Aaron Anderson. (athom, ) (Entered: 01/19/2018) 01/18/2018 67 NOTICE by Plaintiff Chayce Aaron Anderson (Attachments: # 1 Envelope) (athom, ) (Entered: 01/19/2018) Page 10 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 12 of 26 01/22/2018 69 MINUTE ORDER by Magistrate Judge Scott T. Varholak on 1/22/2018. The Clerk of Court is directed to send a copy of this Minute Order, along with copies of the docket sheet and Docket Nos. 60 , 61 , 63 (with accompanying exhibits) and 66, to Plaintiff at both the Arkansas Valley Correctional Facility and the Larimer County Jail; and The deadline for Plaintiff to respond to Defendant Shutters Motion to Dismiss 63 is extended until 2/15/2018. (jgonz, ) (Entered: 01/22/2018) 01/22/2018 70 CERTIFICATE of Service by Mail by Clerk of Court re 60 RECOMMENDATION and ORDER, 66 ORDER Affirming and Adopting the Recommendation of United States Magistrate Judge Scott T. Varholak, 63 MOTION to Dismiss Plaintiff's Second Amended Complaint, 61 Plaintiff's SECOND AMENDED COMPLAINT, 69 Minute Order, to Chayce Aaron Anderson, Larimer County Jail, 2405 Midpoint Drive, Fort Collins Colorado 80252 and Chayce Aaron Anderson, # 175290, Arkansas Valley Correctional Facility (AVCF), 12750 Highway 96 at Lane 13, Ordway, CO 81034. Text Only Entry (jgonz, ) (Entered: 01/22/2018) 02/05/2018 71 LETTER by Plaintiff Chayce Aaron Anderson. (cthom, ) (Entered: 02/05/2018) 02/05/2018 72 Mail Returned as Undeliverable re: 69 Minute Order, Addressed to Chayce Aaron Anderson. (cthom, ) (Entered: 02/05/2018) 02/07/2018 73 MINUTE ORDER directing the Clerk of Court to mail Plaintiff a copy of (1) the template joint proposed scheduling order and instructions, available from the Courts website; (2) a copy of Section I Civil Rules and Section V Attorney Rules of the Local Rules of Practice for the District of Colorado; (3) a copy of Judge Arguellos Civil Practice Standards; and (4) the Guide to Civil Lawsuits in the United States District Court for the District of Colorado, by Magistrate Judge Scott T. Varholak on 2/7/2018. (jgonz, ) (Entered: 02/08/2018) 02/08/2018 74 CERTIFICATE of Service by Mail by Clerk of Court re 73 Minute Order, a copy of (1) the template joint proposed scheduling order and instructions, available from the Courts website; (2) a copy of Section I Civil Rules and Section V Attorney Rules of the Local Rules of Practice for the District of Colorado; (3) a copy of Judge Arguellos Civil Practice Standards; and (4) the Guide to Civil Lawsuits in the United States District Court for the District of Colorado, to Chayce Aaron Anderson, # 175290, Larimer County Page 11 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 13 of 26 Detention Facility, 2405 Midpoint Drive, Fort Collins, CO 80525. Text Only Entry (jgonz, ) (Entered: 02/08/2018) 02/09/2018 75 Formal OBJECTION to 62 Report and Recommendations filed by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Envelope) (athom, ) (Entered: 02/12/2018) 02/14/2018 76 ORDER re: Pro Se Letter (Doc. 71 ). Plaintiff's request for an extension is DENIED. By Judge Christine M. Arguello on 02/14/2018. (athom, ) (Entered: 02/14/2018) 02/22/2018 77 Formal Opposition to 63 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Envelope)(athom, ) (Entered: 02/26/2018) 03/08/2018 78 MOTION to Contest Time of Service of Recommendation and Order, Contest Denial of Extension, & Contest Time U.S.D.C.'s Filing of Mr. Anderson's Formal Opposition by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Envelope) (athom, ) (Entered: 03/09/2018) 03/12/2018 79 MEMORANDUM regarding 78 MOTION for Order to filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 3/12/2018. Text Only Entry (cmasec) (Entered: 03/12/2018) 03/12/2018 80 REPLY to Response to 63 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Jason Shutters. (Ratner, Mark) (Entered: 03/12/2018) 03/13/2018 81 ORDER re: 78 MOTION for Order to filed by Chayce Aaron Anderson. Motion No Longer Referred to Magistrate Judge Scott T. Varholak. By Judge Christine M. Arguello on 03/13/2018. Text Only Entry (athom, ) (Entered: 03/13/2018) 03/21/2018 82 RESPONSE to 78 MOTION for Order to Contest Time of Service of Recommendation filed by Defendant Jason Shutters. (Ratner, Mark) (Entered: 03/21/2018) 04/02/2018 83 ORDER Granting Plaintiff's 78 Motion to Reconsider and AMENDED ORDER re 66 Order Affirming and Adopting the Recommendation of United States Magistrate Judge. The Court accepts Plaintiff's Objection (Doc. # 75 ) as timely filed. The Court OVERRULES Plaintiff's Objection to the Recommendation (Doc. # 75 ) and AFFIRMS and ADOPTS Magistrate Judge Varholak's Recommendation (Doc. ## 60 , 62 ). By Judge Christine M. Arguello on 04/02/2018. (athom, ) (Entered: 04/02/2018) Page 12 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 14 of 26 04/02/2018 84 CERTIFICATE of Service by Mail by Clerk of Court re 83 ORDER on Motion to Reconsider and AMENDED ORDER re 66 Order Affirming and Adopting the Recommendation of United States Magistrate Judge mailed to: Chayce Aaron Anderson, # 175290, Larimer County Jail, 2405 Midpoint Drive, Fort Collins Colorado 80252 and Chayce Aaron Anderson, # 175290, Arkansas Valley Correctional Facility (AVCF), 12750 Highway 96 at Lane 13, Ordway, CO 81034. Text Only Entry (athom, ) (Entered: 04/02/2018) 04/02/2018 85 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 63 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Jason Shutters. This Court respectfully RECOMMENDS that Motion be GRANTED IN PART AND DENIED IN PART, by Magistrate Judge Scott T. Varholak on 4/2/2018. (jgonz, ) (Entered: 04/02/2018) 04/17/2018 86 Formal OBJECTION #2 to 85 Report and Recommendations filed by Plaintiff Chayce Aaron Anderson. (athom, ) (Entered: 04/19/2018) 04/17/2018 87 MOTION for Appointment of "Pro Bono" Counsel #3 by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Envelope) (athom, ) (Entered: 04/19/2018) 04/19/2018 88 MEMORANDUM regarding 87 MOTION to Appoint Pro Bono Counsel filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 4/19/2018. Text Only Entry (cmasec) (Entered: 04/19/2018) 04/20/2018 89 ORDER granting 87 Motion to Appoint Pro Bono Counsel by Magistrate Judge Scott T. Varholak on 4/20/18. (nmarb, ) (Entered: 04/20/2018) 04/20/2018 90 ORDER APPOINTING PRO BONO COUNSEL pursuant to D.C.COLO.LAttyR 15(e)(1)as to Chayce Aaron Anderson, by Magistrate Judge Scott T. Varholak on 4/20/18. Text Only Entry (nmarb, ) (Entered: 04/20/2018) 05/01/2018 91 RESPONSE to Objection to 85 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 63 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Jason Shutters filed by Defendant Jason Shutters. (Ratner, Mark) (Entered: 05/01/2018) Page 13 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 15 of 26 05/16/2018 92 Notice of Pro Bono Appointment. Attorneys Rhyddid Watkins, Christopher Casolaro, Heather Campbell Burgess, and Travis Jordan of the law firm of Faegre Baker Daniels LLP have been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of April 20, 2018 and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel has thirty days to either enter an appearance in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (adodd) (Entered: 05/16/2018) 06/13/2018 93 ORDER Affirming and Adopting the 85 Recommendation of United States Magistrate Judge Scott T. Varholak. Plaintiff Chayce Aaron Anderson's Objection to the Recommendation is OVERRULED. (Doc. # 86 .) Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint is GRANTED IN PART and DENIED IN PART. (Doc. # 63 .) Plaintiff's Fourth Amendment Claim against Defendant Shutters (Claim One) is DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 12(b) (6). Plaintiff's intentional infliction of emotional distress claim (Claim Five) is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(1). Plaintiff's excessive force claim (Claim Two) shall proceed as the only remaining claim in this case. By Judge Christine M. Arguello on 06/13/2018. (athom, ) (Entered: 06/13/2018) 06/13/2018 94 NOTICE of Entry of Appearance by Llonyddwch R. Watkins on behalf of Chayce Aaron AndersonAttorney Llonyddwch R. Watkins added to party Chayce Aaron Anderson(pty:pla) (Watkins, Llonyddwch) (Entered: 06/13/2018) 06/13/2018 95 NOTICE of Entry of Appearance by Christopher J. Casolaro on behalf of Chayce Aaron AndersonAttorney Christopher J. Casolaro added to party Chayce Aaron Anderson(pty:pla) (Casolaro, Christopher) (Entered: 06/13/2018) 06/13/2018 96 NOTICE of Entry of Appearance by Heather Campbell Burgess on behalf of Chayce Aaron AndersonAttorney Heather Campbell Burgess added to party Chayce Aaron Anderson(pty:pla) (Burgess, Heather) (Entered: 06/13/2018) 06/14/2018 97 NOTICE of Entry of Appearance by Travis Steven Jordan on behalf of Chayce Aaron AndersonAttorney Travis Steven Jordan added to party Chayce Aaron Anderson(pty:pla) (Jordan, Travis) (Entered: 06/14/2018) Page 14 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 16 of 26 06/15/2018 98 MINUTE ORDER. This matter is set for a Scheduling Conference on 8/10/2018 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties shall submit a joint proposed scheduling order on or before 8/03/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/15/2018. Text Only Entry (stvlc1, ) (Entered: 06/15/2018) 06/27/2018 99 ANSWER to 61 Amended Complaint by Jason Shutters.(Ratner, Mark) (Entered: 06/27/2018) 07/09/2018 100 NOTICE entitled Motion to Notify Court of Change of Address by Plaintiff Chayce Aaron Anderson (Attachments: # 1 Envelope) (athom, ) (Entered: 07/09/2018) 08/06/2018 101 Proposed Scheduling Order by Plaintiff Chayce Aaron Anderson. (Casolaro, Christopher) (Entered: 08/06/2018) 08/10/2018 102 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 8/10/2018. Discovery due by 2/18/2019. Dispositive Motions due by 3/18/2019. Final Pretrial Conference set for 5/13/2019 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: STV - C203. (morti, ) (Entered: 08/10/2018) 08/10/2018 103 SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 8/10/18. (morti, ) (Entered: 08/10/2018) 08/13/2018 104 Notice of Change of Address and LETTER requesting that the Marshalls [sic] conduct service by Plaintiff Chayce Aaron Anderson. (athom, ) (Entered: 08/15/2018) 08/15/2018 105 MEMORANDUM regarding 104 MOTION for Order to filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 8/15/2018. Text Only Entry (cmasec) (Entered: 08/15/2018) 08/15/2018 106 ORDER This matter is before the Court on 104 Plaintiff's Letter notifying the Court of his new address and requesting service. Plaintiff filed an identical letter in another pending civil case, No. 18-cv-01338-CMA-STV. Plaintiff's request for service in the Letter appears to relate only to Case No. 18-cv-01338. The Court thus DENIES AS MOOT the request for service in to the extent it is made in this case. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/15/2018. Text Only Entry (stvlc1, ) (Entered: 08/15/2018) Page 15 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 17 of 26 09/24/2018 107 NOTICE of Change of Address/Contact Information by Heather Campbell Burgess (Burgess, Heather) (Entered: 09/24/2018) 10/05/2018 108 NOTICE of Change of Address/Contact Information by Plaintiff Chayce Aaron Anderson (evana, ) (Entered: 10/05/2018) 12/12/2018 109 Joint MOTION to Amend/Correct/Modify 103 Scheduling Order by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Proposed Order (PDF Only))(Casolaro, Christopher) (Entered: 12/12/2018) 12/13/2018 110 MEMORANDUM regarding 109 Joint MOTION to Amend/Correct/Modify 103 Scheduling Order filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 12/13/2018. Text Only Entry (cmasec) (Entered: 12/13/2018) 12/13/2018 111 ORDER By Magistrate Judge Scott T. Varholak on 12/13/18 GRANTING 109 Motion to Amend 103 Scheduling Order. Discovery due by 4/4/2019. Dispositive Motions due by 5/2/2019. Final Pretrial Conference set for 7/8/2019 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (nmarb, ) (Entered: 12/13/2018) 12/21/2018 112 Unopposed MOTION for Leave to Conduct a Deposition of an Incarcerated Inmate Plaintiff Pursuant to Fed. R. Civ.P.30(a)(2) (B) by Defendant Jason Shutters. (Ratner, Mark) (Entered: 12/21/2018) 12/26/2018 113 MEMORANDUM regarding 112 Unopposed MOTION for Leave to Conduct a Deposition of an Incarcerated Inmate Plaintiff Pursuant to Fed. R. Civ.P.30(a)(2)(B) filed by Jason Shutters. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 12/26/2018. Text Only Entry (cmasec) (Entered: 12/26/2018) 12/26/2018 114 ORDER granting 112 Defendant's Motion to Conduct a Deposition of an Incarcerated Inmate Plaintiff Pursuant to Fed. R. Civ. P. 30(a) (2)(B), By Magistrate Judge Scott T. Varholak on 12/26/2018. Text Only Entry (stvlc1, ) (Entered: 12/26/2018) 02/26/2019 115 Unopposed MOTION for Extension of Time to Discovery Deadlines by Defendant Jason Shutters. (Ratner, Mark) (Entered: 02/26/2019) 02/26/2019 116 MEMORANDUM regarding 115 Unopposed MOTION for Extension of Time to Discovery Deadlines filed by Jason Shutters. Motion referred to Magistrate Judge Scott T. Varholak by Judge Page 16 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 18 of 26 Christine M. Arguello on 2/26/2019. Text Only Entry (cmasec) (Entered: 02/26/2019) 02/27/2019 117 ORDER granting 115 Motion for Extension of Discovery Deadlines. The deadline for Defendant to designate experts is extended until 4/18/2019, and the deadline for the parties to serve rebuttal expert disclosures is extended until 5/02/2019. The deadline for the parties to serve written discovery is extended until 4/18/2019, and the discovery deadline is extended until 5/20/2019. The deadline to file Dispositive Motions is extended until 6/17/2019. The Final Pretrial Conference set for 7/8/2019 11:00 AM is VACATED and RESET for 7/22/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall submit a joint proposed pretrial order on or before 7/15/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/27/2019. Text Only Entry (stvlc1, ) (Entered: 02/27/2019) 03/14/2019 118 NOTICE of Entry of Appearance by Alexandra Lynn Lakshmanan on behalf of Chayce Aaron AndersonAttorney Alexandra Lynn Lakshmanan added to party Chayce Aaron Anderson(pty:pla) (Lakshmanan, Alexandra) (Entered: 03/14/2019) 05/14/2019 119 Unopposed MOTION for Extension of Time to Discovery Deadlines by Defendant Jason Shutters. (Ratner, Mark) (Entered: 05/14/2019) 05/15/2019 120 MEMORANDUM regarding 119 Unopposed MOTION for Extension of Discovery Deadlines filed by Jason Shutters. Motions referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 5/15/2019. Text Only Entry (cmalc2) (Entered: 05/15/2019) 05/15/2019 121 ORDER granting 119 Defendant's Motion for Extension of Discovery Deadlines. The deadline to complete discovery is extended until 6/3/2019, and the deadline to file Dispositive Motions is extended until 7/5/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/15/2019. Text Only Entry(stvlc1, ) (Entered: 05/15/2019) 06/06/2019 122 MOTION to Withdraw as Attorney by Plaintiff Chayce Aaron Anderson. (Casolaro, Christopher) (Entered: 06/06/2019) 06/17/2019 123 ORDER Granting 122 Motion to Withdraw as Attorney. Attorney L Rhyddid Watkins is permitted to withdraw and electronic noticing will be termed, by Judge Christine M. Arguello on 6/17/2019.(evana, ) (Entered: 06/17/2019) Page 17 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 19 of 26 06/25/2019 124 NOTICE of Change of Address/Contact Information by Christopher J. Casolaro (Casolaro, Christopher) (Entered: 06/25/2019) 07/03/2019 125 Unopposed MOTION for Extension of Time to Pre-Trial Order deadline and Pre-Trial conference by Plaintiff Chayce Aaron Anderson. (Casolaro, Christopher) (Entered: 07/03/2019) 07/04/2019 126 MEMORANDUM regarding 125 Plaintiff's Unopposed MOTION for Extension of Pre-Trial Order deadline and Pre-Trial Conference filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 7/4/2019. Text Only Entry (cmalc2) (Entered: 07/04/2019) 07/05/2019 127 ORDER granting 125 Plaintiff's Motion for Extension of Pre-Trial Order Deadline and Pre-Trial Conference. The Final Pretrial Conference set for 7/22/2019 09:30 AM is VACATED and RESET for 9/19/2019 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. On or before 9/12/2019, the parties shall submit a joint proposed pretrial order. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/05/2019. Text Only Entry (stvlc1, ) (Entered: 07/05/2019) 07/05/2019 128 MOTION for Summary Judgment by Defendant Jason Shutters. (Attachments: # 1 Appendix of Exhibits )(Ratner, Mark) (Entered: 07/05/2019) 07/08/2019 129 NOTICE of Conventionally filed Exhibits in Support of 128 MOTION for Summary Judgment by Defendant Jason Shutters. (Ratner, Mark) (Modified on 7/8/2019 edited the text to reflect a Notice of filing)(evana, ). (Entered: 07/08/2019) 07/08/2019 130 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 129 NOTICE of Conventionally filed Exhibits filed by attorney Mark S. Ratner. 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. Phone and Fax numbers are missing. (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (evana, ) (Entered: 07/08/2019) 07/08/2019 131 Conventionally Submitted Material to 128 MOTION for Summary Judgment, 1 CD Disc, Exhibit A, by Defendant Jason Shutters. Text Only Entry (Stored in the Clerk's Office) (evana, ) (Entered: 07/08/2019) 07/12/2019 132 Page 18 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 20 of 26 NOTICE of Errata re 128 MOTION for Summary Judgment by Defendant Jason Shutters (Ratner, Mark) (Entered: 07/12/2019) 07/26/2019 133 RESPONSE to 128 MOTION for Summary Judgment filed by Plaintiff Chayce Aaron Anderson. (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)(Casolaro, Christopher) (Entered: 07/26/2019) 07/29/2019 134 MEMORANDUM regarding 128 Defendant Jason Shutters' MOTION for Summary Judgment filed by Jason Shutters. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 7/29/2019. Text Only Entry (cmalc2) (Entered: 07/29/2019) 08/02/2019 135 MINUTE ORDER In light of 128 Defendant's Motion for Summary Judgment, the Final Pretrial Conference set for 9/19/2019 10:30 AM is VACATED and RESET for 11/21/2019 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. On or before 11/14/2019, the parties shall submit a joint proposed pretrial order. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/02/2019. Text Only Entry (stvlc1, ) (Entered: 08/02/2019) 08/07/2019 136 REPLY to Response to 128 MOTION for Summary Judgment filed by Defendant Jason Shutters. (Attachments: # 1 Appendix Supplemental Appendix Index, # 2 Appendix Movant's Appx.) (Ratner, Mark) (Entered: 08/07/2019) 08/19/2019 137 MOTION for Leave to File Surreply in Opposition to Defendant's 128 MOTION for Summary Judgment by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Proposed Document , # 2 Exhibit 1 - Supplemental, # 3 Exhibit 2 - Supplemental)(Casolaro, Christopher) (Entered: 08/19/2019) 08/19/2019 138 MEMORANDUM regarding 137 MOTION for Leave to File Surreply in Opposition to Defendant's MOTION for Summary Judgment filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 8/19/2019. Text Only Entry (cmalc2) (Entered: 08/19/2019) 08/19/2019 139 MINUTE ORDER This matter is before the Court on 137 Plaintiff's Motion for Leave to File Surreply in Opposition to 128 Defendant's Motion for Summary Judgment (the "Motion for Page 19 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 21 of 26 Leave"). The Court sets the following expedited briefing schedule: Defendant shall file his response to the Motion for Leave on or before 8/26/2019 and Plaintiff may then file a reply in support of the Motion for Leave on or before 8/29/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/19/2019. Text Only Entry (stvlc1, ) (Entered: 08/19/2019) 08/26/2019 140 RESPONSE to 137 MOTION for Leave to File Surreply in Opposition to Defendant's 128 MOTION for Summary Judgment filed by Defendant Jason Shutters. (Ratner, Mark) (Entered: 08/26/2019) 08/29/2019 141 REPLY to Response to 137 MOTION for Leave to File Surreply in Opposition to Defendant's 128 MOTION for Summary Judgment filed by Plaintiff Chayce Aaron Anderson. (Casolaro, Christopher) (Entered: 08/29/2019) 08/30/2019 142 ERRATA re 141 Reply to Response to Motion for Leave to File Surreply by Plaintiff Chayce Aaron Anderson. (Casolaro, Christopher) (Entered: 08/30/2019) 09/06/2019 143 OBJECTIONS to 140 Response to Motion for Leave to File Sur- Reply by Defendant Jason Shutters. (Ratner, Mark) (Entered: 09/06/2019) 09/10/2019 144 MINUTE ORDER Motion Hearing re: 137 Motion for Leave to File Surreply in Opposition to 128 Defendant's Motion for Summary Judgment set for 9/19/2019 02:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/10/2019. Text Only Entry (stvlc1, ) (Entered: 09/10/2019) 09/11/2019 145 MINUTE ORDER Per the request of the parties, the Motion Hearing re: 137 Motion for Leave to File Surreply in Opposition to 128 Defendant's Motion for Summary Judgment set for 9/19/2019 02:30 PM is VACATED and RESET for 10/4/2019 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/04/2019. Text Only Entry (stvlc1, ) (Entered: 09/11/2019) 10/04/2019 146 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak on 10/4/2019. 137 Plaintiffs Motion for Leave to File Surreply in Opposition To Defendants Motion for Summary Judgment is GRANTED. The Court will accept the Plaintiffs Surreply to Defendants Motion for Summary Judgment [Doc. No. 137-1]. Defendant shall have until October 21, 2019 to Page 20 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 22 of 26 file a Response to the Surreply. The Court will issue a recommendation on Defendants Motion for Summary Judgment [Doc. No. 128]. FTR: 402. (morti, ) (Entered: 10/04/2019) 10/21/2019 147 RESPONSE Sur-Response in Opposition to Plaintiff's Sur-Reply (ECF No. 137 -1) by Defendant Jason Shutters. (Ratner, Mark) (Entered: 10/21/2019) 11/05/2019 148 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 128 MOTION for Summary Judgment filed by Jason Shutters. The Court respectfully RECOMMENDS that Defendants Motion for Summary Judgment 128 be GRANTED and that Plaintiffs excessive force claim be DISMISSED, by Magistrate Judge Scott T. Varholak on 11/5/2019. (jgonz, ) (Entered: 11/05/2019) 11/07/2019 149 Unopposed MOTION for Extension of Time to File Pretrial Order and to Postpone Pretrial Conference Date by Plaintiff Chayce Aaron Anderson. (Casolaro, Christopher) (Entered: 11/07/2019) 11/08/2019 150 MEMORANDUM regarding 149 Unopposed MOTION to Postpone Pretrial Order Deadline and Pretrial Conference Date filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 11/8/2019. Text Only Entry (cmalc2) (Entered: 11/08/2019) 11/08/2019 151 ORDER granting 149 Motion for Extension of Time to File. The Final Pretrial Conference set for 11/21/2019 10:00 AM is VACATED and RESET for 2/11/2020 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a Proposed Pretrial Order on or before 2/4/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/8/2019. Text Only Entry(stvlc2, ) (Entered: 11/08/2019) 11/19/2019 152 AMENDED RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 128 MOTION for Summary Judgment filed by Jason Shutters. The Court respectfully RECOMMENDS that Defendants Motion for Summary Judgment # 128 be GRANTED and that Plaintiffs excessive force claim be DISMISSED, by Magistrate Judge Scott T. Varholak on 11/19/2019. (jgonz, ) (Entered: 11/19/2019) 11/19/2019 153 Unopposed MOTION to Clarify re 152 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 128 MOTION for Summary Judgment filed by Jason Shutters by Plaintiff Chayce Aaron Anderson. (Lakshmanan, Alexandra) (Entered: 11/19/2019) Page 21 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 23 of 26 11/20/2019 154 MEMORANDUM regarding 153 Unopposed MOTION for Clarification filed by Chayce Aaron Anderson. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 11/20/2019. Text Only Entry (cmalc2) (Entered: 11/20/2019) 11/20/2019 155 ORDER granting 153 Motion to Clarify. The deadline to file written objections to the 152 Amended Recommendation is 12/3/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/20/2019. Text Only Entry(stvlc2, ) (Entered: 11/20/2019) 12/03/2019 156 OBJECTION to 152 Report and Recommendations of United States Magistrate Judge filed by Plaintiff Chayce Aaron Anderson. (Lakshmanan, Alexandra) (Entered: 12/03/2019) 12/17/2019 157 RESPONSE to Objection to 152 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 128 MOTION for Summary Judgment filed by Jason Shutters filed by Defendant Jason Shutters. (Ratner, Mark) (Entered: 12/17/2019) 12/31/2019 158 REPLY to Response to Objection to 152 Report and Recommendations, filed by Plaintiff Chayce Aaron Anderson. (Lakshmanan, Alexandra) (Entered: 12/31/2019) 02/03/2020 159 NOTICE of Change of Address/Contact Information by Christopher J. Casolaro (Casolaro, Christopher) (Entered: 02/03/2020) 02/04/2020 160 Proposed Pretrial Order by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Exhibit A - Plaintiff's Witness List, # 2 Exhibit B - Defendant's Witness List, # 3 Exhibit C - Joint Exhibit List) (Lakshmanan, Alexandra) (Entered: 02/04/2020) 02/11/2020 161 MINUTE ENTRY for Final Pretrial Conference held before Magistrate Judge Scott T. Varholak on 2/11/2020. ORDERED: The proposed Final Pretrial Order which was submitted to the court is approved and made an order of court. Parties shall confer regarding proposed trial dates and then contact Judge Arguellos Chambers via email to obtain trial dates. FTR: 402. (morti, ) (Entered: 02/11/2020) 02/11/2020 162 FINAL PRETRIAL ORDER, by Magistrate Judge Scott T. Varholak on 2/11/2020. (morti, ) (Entered: 02/11/2020) 02/25/2020 163 ORDER Affirming and Adopting 163 the November 19, 2019 Recommendation of United States Magistrate Judge and Granting Page 22 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 24 of 26 128 Defendant's Motion for Summary Judgment. SO ORDERED by Judge Christine M. Arguello on 2/25/2020.(swest) (Entered: 02/25/2020) 02/25/2020 164 FINAL JUDGMENT in favor of Defendant Jason Shutters and against Plaintiff Chayce Aaron Anderson re: 163 Order Affirming and Adopting the November 19, 2019 Recommendation of United States Magistrate Judge and Granting Defendant's Motion for Summary Judgment. Entered by the Clerk on 2/25/2020. (swest) (Entered: 02/25/2020) 03/10/2020 165 Proposed Bill of Costs by Defendant Jason Shutters. (Attachments: # 1 Exhibit Exhibit A)(Ratner, Mark) (Entered: 03/10/2020) 03/10/2020 166 CERTIFICATE OF COMPLIANCE re 165 Proposed Bill of Costs by Defendant Jason Shutters. (Ratner, Mark) (Entered: 03/10/2020) 03/27/2020 167 MOTION for Extension of Time to File Notice of Appeal by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Proposed Order (PDF Only) re Motion)(Lakshmanan, Alexandra) (Entered: 03/27/2020) 03/30/2020 168 ORDER granting 167 Motion for Extension of Time. Plaintiff may file a notice of appeal on or before April 27, 2020. SO ORDERED by Judge Christine M. Arguello on 3/30/2020. Text Only Entry (cmalc2) (Entered: 03/30/2020) 04/22/2020 169 Costs Taxed by Clerk in the amount of $1,704.88 against Plaintiff Chayce Aaron Anderson and in favor of Defendant Jason Shutters. Hearing held before the Clerk by teleconference, April 22, 2020. (ebutl) (Entered: 04/22/2020) 04/27/2020 170 Second MOTION for Extension of Time to File Notice of Appeal by Plaintiff Chayce Aaron Anderson. (Attachments: # 1 Proposed Order (PDF Only))(Lakshmanan, Alexandra) (Entered: 04/27/2020) 04/27/2020 171 NOTICE OF APPEAL as to 164 Judgment, 163 Order on Motion for Summary Judgment, Order on Report and Recommendations, by Plaintiff Chayce Aaron Anderson (Filing fee $ 505, Receipt Number 1082-7269758) (Lakshmanan, Alexandra) (Entered: 04/27/2020) 04/28/2020 172 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 171 Notice of Appeal filed by Chayce Aaron Anderson to the U.S. Court of Appeals. ( Retained Counsel, Fee Page 23 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 25 of 26 paid,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record) (evana, ) (Entered: 04/28/2020) 04/28/2020 173 USCA Case Number 20-1165 for 171 Notice of Appeal filed by Chayce Aaron Anderson. (evana, ) (Entered: 04/28/2020) 04/28/2020 174 ORDER: Plaintiff's 170 Second Unopposed Motion for Extension of Time to File Notice of Appeal is DENIED AS MOOT in light of 171 Plaintiff's timely notice of appeal. SO ORDERED by Judge Christine M. Arguello on 4/28/2020. Text Only Entry (cmalc2) (Entered: 04/28/2020) 04/29/2020 175 MOTION for Review re 169 Costs Taxed by Plaintiff Chayce Aaron Anderson. (Lakshmanan, Alexandra) (Entered: 04/29/2020) PACER Service Center Transaction Receipt 05/08/2020 16:54:27 PACER Login: susanhaag:4791262:3996667 Client Code: 515132.000001 02858 Description: Docket Report Search Criteria: 1:17-cv-00884- CMA-STV Billable Pages: 14 Cost: 1.40 Page 24 of 24 https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?224063286512972-L_1_0-1 5/8/2020 Case 1:17-cv-00884-CMA-STV Document 176 Filed 05/12/20 USDC Colorado Page 26 of 26