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HomeMy WebLinkAbout2016CV1308 - FTN - FORT COLLINS V. CITY OF FORT COLLINS - 055A - DOCKETAPPEAL,JD1 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:16−cv−01308−RBJ Internal Use Only Free The Nipple − Fort Collins et al v. City of Fort Collins, Colorado Assigned to: Judge R. Brooke Jackson Demand: $0 Cause: 42:1983 Civil Rights Act Date Filed: 05/31/2016 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question Plaintiff Free The Nipple − Fort Collins an unincorporated association represented by 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 Jessica Katherine Peck Peck Law Firm, LLC 2040 eWall Street Suite G Mount Pleasant, SC 29464 720−628−5756 Email: jessica@jpdenver.com ATTORNEY TO BE NOTICED David Arthur 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 Plaintiff Brittiany Hoagland represented by Andrew Joseph McNulty (See above for address) ATTORNEY TO BE NOTICED Jessica Katherine Peck (See above for address) ATTORNEY TO BE NOTICED David Arthur Lane (See above for address) ATTORNEY TO BE NOTICED Plaintiff Samantha Six represented by Andrew Joseph McNulty (See above for address) ATTORNEY TO BE NOTICED Jessica Katherine Peck (See above for address) ATTORNEY TO BE NOTICED Case: 1:16-cv-1308 As of: 03/21/2017 10:26 AM MDT 1 of 6 David Arthur Lane (See above for address) ATTORNEY TO BE NOTICED V. Defendant City of Fort Collins, Colorado represented by Andrew David Ringel Hall &Evans, LLC−Denver 1001 Seventeenth Street Suite 300 Denver, CO 80202 303−628−3300 Fax: 303−293−3238 Email: ringela@hallevans.com ATTORNEY TO BE NOTICED Carrie Mineart Daggett Fort Collins City Attorney's Office P.O. Box 580 300 Laporte Avenue Fort Collins, CO 80522−0580 970−416−2463 Fax: 970−221−6327 Email: cdaggett@fcgov.com ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED 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 ATTORNEY TO BE NOTICED John R. Duval City Attorney's Office−Fort Collins 300 Laporte Avenue Building A, Garden Level Fort Collins, CO 80521 970−221−6520 Email: jduval@fcgov.com ATTORNEY TO BE NOTICED Date Filed # Docket Text 05/31/2016 1 COMPLAINT and Jury Demand against City of Fort Collins, Colorado (Filing fee $ 400,Receipt Number 1082−4998403)Attorney David Arthur Lane added to party Free The Nipple − Fort Collins(pty:pla), Attorney David Arthur Lane added to party Brittiany Hoagland(pty:pla), Attorney David Arthur Lane added to party Case: 1:16-cv-1308 As of: 03/21/2017 10:26 AM MDT 2 of 6 Case 1:16-cv-01308-RBJ Document 55-1 Filed 03/21/17 USDC Colorado Page 2 of 6 Samantha Six(pty:pla), filed by Free The Nipple − Fort Collins, Samantha Six, Brittiany Hoagland. (Attachments: # 1 Civil Cover Sheet)(Lane, David) (Entered: 05/31/2016) 05/31/2016 2 MOTION for Preliminary Injunction by Plaintiffs Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha Six. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lane, David) (Entered: 05/31/2016) 05/31/2016 3 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (sphil, ) (Entered: 05/31/2016) 05/31/2016 4 No Summons Issued. Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sphil, ) (Entered: 05/31/2016) 05/31/2016 5 ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. The parties are directed to jointly contact Chambers by telephone at (303) 844−4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date. Please see the order for additional details. By Judge R. Brooke Jackson on 5/31/16. (rbjsec. ) (Entered: 05/31/2016) 05/31/2016 6 NOTICE of Entry of Appearance by Jessica Katherine Peck on behalf of Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha SixAttorney Jessica Katherine Peck added to party Free The Nipple − Fort Collins(pty:pla), Attorney Jessica Katherine Peck added to party Brittiany Hoagland(pty:pla), Attorney Jessica Katherine Peck added to party Samantha Six(pty:pla) (Peck, Jessica) (Entered: 05/31/2016) 05/31/2016 7 NOTICE of Entry of Appearance by Andrew Joseph McNulty on behalf of Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha SixAttorney Andrew Joseph McNulty added to party Free The Nipple − Fort Collins(pty:pla), Attorney Andrew Joseph McNulty added to party Brittiany Hoagland(pty:pla), Attorney Andrew Joseph McNulty added to party Samantha Six(pty:pla) (McNulty, Andrew) (Entered: 05/31/2016) 06/01/2016 8 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 6 Notice of Entry of Appearance, : 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) (athom, ) (Entered: 06/01/2016) 06/08/2016 9 SUMMONS REQUEST as to City of Fort Collins, Colorado re 1 Complaint, by Plaintiffs Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha Six. (Lane, David) (Entered: 06/08/2016) 06/09/2016 10 SUMMONS issued by Clerk. (athom, ) (Entered: 06/09/2016) 06/30/2016 11 SUMMONS Returned Executed by Free The Nipple − Fort Collins, Samantha Six, Brittiany Hoagland. City of Fort Collins, Colorado served on 6/21/2016, answer due 7/12/2016. (Lane, David) (Entered: 06/30/2016) 07/08/2016 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, 2 MOTION for Preliminary Injunction by Defendant City of Fort Collins, Colorado. (Ringel, Andrew) (Entered: 07/08/2016) 07/08/2016 13 NOTICE of Entry of Appearance by Gillian Dale on behalf of City of Fort Collins, ColoradoAttorney Gillian Dale added to party City of Fort Collins, Colorado(pty:dft) (Dale, Gillian) (Entered: 07/08/2016) 07/11/2016 14 ORDER granting 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, 2 MOTION for Preliminary Injunction. The Defendant's answer is now due 8/2/16. By Judge R. Brooke Jackson on 7/11/16. Text Only Entry(rbjsec. ) (Entered: 07/11/2016) Case: 1:16-cv-1308 As of: 03/21/2017 10:26 AM MDT 3 of 6 Case 1:16-cv-01308-RBJ Document 55-1 Filed 03/21/17 USDC Colorado Page 3 of 6 08/02/2016 15 NOTICE of Entry of Appearance by Carrie Mineart Daggett on behalf of All Defendants Attorney Carrie Mineart Daggett added to party City of Fort Collins, Colorado(pty:dft) (Daggett, Carrie) (Entered: 08/02/2016) 08/02/2016 16 NOTICE of Entry of Appearance by Christina Shavon Gunn on behalf of City of Fort Collins, ColoradoAttorney Christina Shavon Gunn added to party City of Fort Collins, Colorado(pty:dft) (Gunn, Christina) (Entered: 08/02/2016) 08/02/2016 17 Unopposed MOTION for Leave to File Excess Pages to Motion to Dismiss and Response to Motion for Preliminary Injunction in Excess of the Court's Page Limitation by Defendant City of Fort Collins, Colorado. (Gunn, Christina) (Entered: 08/02/2016) 08/02/2016 18 MOTION to Dismiss by Defendant City of Fort Collins, Colorado. (Dale, Gillian) (Entered: 08/02/2016) 08/02/2016 19 RESPONSE to 2 MOTION for Preliminary Injunction filed by Defendant City of Fort Collins, Colorado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gunn, Christina) (Entered: 08/02/2016) 08/03/2016 20 NOTICE of Entry of Appearance for City of Fort Collins by John R. Duval on behalf of All Defendants Attorney John R. Duval added to party City of Fort Collins, Colorado(pty:dft) (Duval, John) (Entered: 08/03/2016) 08/04/2016 21 ORDER granting 17 Unopposed MOTION for Leave to File Excess Pages to Motion to Dismiss and Response to Motion for Preliminary Injunction in Excess of the Court's Page Limitation. However, in the future, in this case and others, please ask permission before you file an excessively long brief. And, please know that a shorter brief will be more persuasive to this Court and will get more attention from this Court. By Judge R. Brooke Jackson on 8/4/16. Text Only Entry(rbjsec. ) (Entered: 08/04/2016) 08/11/2016 22 Joint MOTION for Hearing/Conference /Status Conference Regarding Preliminary Injunction Hearing by Defendant City of Fort Collins, Colorado. (Gunn, Christina) (Entered: 08/11/2016) 08/11/2016 23 ORDER granting 22 Joint MOTION for Hearing/Conference /Status Conference Regarding Preliminary Injunction Hearing. The Court requests that counsel jointly contact Chambers at (303) 844−4694 or Jackson_chambers@cod.uscourts.gov to schedule a status conference. By Judge R. Brooke Jackson on 8/11/16. Text Only Entry(rbjsec. ) (Entered: 08/11/2016) 08/16/2016 24 MINUTE ORDER re: 2 MOTION for Preliminary Injunction. Telephonic Status Conference is scheduled for August 22, 2016 at 8:30 a.m. The Court requests that counsel coordinate a conference call and then contact the Court at (303) 844−4694 in Courtroom A 902 before Judge R. Brooke Jackson. A Hearing on the Motion for Preliminary Injunction is set for December 19, 2016 at 1:30 p.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 8/16/16. Text Only Entry (rbjsec. ) (Entered: 08/16/2016) 08/17/2016 25 MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss , 2 MOTION for Preliminary Injunction by Plaintiff Free The Nipple − Fort Collins. (McNulty, Andrew) (Entered: 08/17/2016) 08/18/2016 26 ORDER granting 25 MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss, 2 MOTION for Preliminary Injunction. By Judge R. Brooke Jackson on 8/18/16. Text Only Entry(rbjsec. ) (Entered: 08/18/2016) 08/22/2016 27 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Status Conference held on 8/22/2016. Court Reporter: Kara Spitler. (jdyne, ) (Entered: 08/22/2016) 08/29/2016 28 MOTION for Leave to Exceed Page Limitation Regarding Plaintiffs' Reply to Defendant's Response to Plaintiffs' Motion for Preliminary Injunction by Plaintiffs Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha Six. (McNulty, Andrew) (Entered: 08/29/2016) Case: 1:16-cv-1308 As of: 03/21/2017 10:26 AM MDT 4 of 6 Case 1:16-cv-01308-RBJ Document 55-1 Filed 03/21/17 USDC Colorado Page 4 of 6 08/30/2016 29 ORDER granting 28 MOTION for Leave to Exceed Page Limitation Regarding Plaintiffs' Reply to Defendant's Response to Plaintiffs' Motion for Preliminary Injunction. By Judge R. Brooke Jackson on 8/30/16. Text Only Entry(rbjsec. ) (Entered: 08/30/2016) 09/01/2016 30 REPLY to Response to 2 MOTION for Preliminary Injunction filed by Plaintiff Free The Nipple − Fort Collins. (McNulty, Andrew) (Entered: 09/01/2016) 09/01/2016 31 RESPONSE to 18 MOTION to Dismiss filed by Plaintiff Free The Nipple − Fort Collins. (McNulty, Andrew) (Entered: 09/01/2016) 09/15/2016 32 Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss by Defendant City of Fort Collins, Colorado. (Attachments: # 1 Proposed Order (PDF Only))(Dale, Gillian) (Entered: 09/15/2016) 09/15/2016 33 ORDER granting 32 Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss. The reply is now due October 3, 2016. By Judge R. Brooke Jackson on 9/15/16. Text Only Entry(rbjsec. ) (Entered: 09/15/2016) 10/03/2016 34 Unopposed MOTION for Leave to File Excess Pages on Reply in Support of Motion to Dismiss by Defendant City of Fort Collins, Colorado. (Attachments: # 1 Proposed Order (PDF Only))(Dale, Gillian) (Entered: 10/03/2016) 10/03/2016 35 REPLY to Response to 18 MOTION to Dismiss filed by Defendant City of Fort Collins, Colorado. (Dale, Gillian) (Entered: 10/03/2016) 10/04/2016 36 ORDER granting 34 Unopposed MOTION for Leave to File Excess Pages on Reply in Support of Motion to Dismiss. By Judge R. Brooke Jackson on 10/4/16. Text Only Entry(rbjsec. ) (Entered: 10/04/2016) 10/20/2016 37 ORDER granting in part and denying in part 18 Motion to Dismiss by Judge R. Brooke Jackson on 10/20/16.(jdyne, ) (Entered: 10/20/2016) 11/04/2016 38 Defendant's ANSWER to 1 Complaint, and Jury Demand by City of Fort Collins, Colorado.(Dale, Gillian) (Entered: 11/04/2016) 12/15/2016 39 MOTION to Quash Subpoena to City Council Member Ray Martinez by Defendant City of Fort Collins, Colorado. (Attachments: # 1 Exhibit 1)(Dale, Gillian) (Entered: 12/15/2016) 12/15/2016 40 MOTION to Quash Subpoena to City Council Member Ray Martinez by Defendant City of Fort Collins, Colorado. (Attachments: # 1 Exhibit 1)(Dale, Gillian) (Entered: 12/15/2016) 12/16/2016 41 ORDER finding as moot 39 Motion to Quash. A duplicate and finalized version of this motion was filed at ECF No. 40. By Judge R. Brooke Jackson on 12/16/16. Text Only Entry (rbjsec. ) (Entered: 12/16/2016) 12/16/2016 42 Exhibit List by Defendant City of Fort Collins, Colorado. (Ringel, Andrew) (Entered: 12/16/2016) 12/16/2016 43 Witness List by Defendant City of Fort Collins, Colorado. (Ringel, Andrew) (Entered: 12/16/2016) 12/16/2016 44 Exhibit List by Plaintiffs Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha Six. (McNulty, Andrew) (Entered: 12/16/2016) 12/16/2016 45 Witness List by Plaintiffs Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha Six. (McNulty, Andrew) (Entered: 12/16/2016) 12/16/2016 46 MINUTE ORDER : The Hearing on the Motion for Preliminary Injunction set December 19, 2016 will be heard at 9:00 a.m. rather than 1:30 p.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 12/16/16. Text Only Entry (rbjsec. ) (Entered: 12/16/2016) 12/16/2016 47 BRIEF (Hearing Brief) by Defendant City of Fort Collins, Colorado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Dale, Gillian) (Entered: 12/16/2016) Case: 1:16-cv-1308 As of: 03/21/2017 10:26 AM MDT 5 of 6 Case 1:16-cv-01308-RBJ Document 55-1 Filed 03/21/17 USDC Colorado Page 5 of 6 12/19/2016 48 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Motion Hearing held on 12/19/2016. 2 Motion for Preliminary Injunction is TAKEN UNDER ADVISEMENT. Court Reporter: Kara Spitler. (jdyne, ) (Entered: 12/19/2016) 12/21/2016 49 ORDER finding as moot 40 MOTION to Quash Subpoena to City Council Member Ray Martinez. By Judge R. Brooke Jackson on 12/21/16. Text Only Entry (rbjsec. ) (Entered: 12/21/2016) 12/26/2016 50 TRIAL BRIEF Response to Defendant's Hearing Brief by Plaintiffs Free The Nipple − Fort Collins, Brittiany Hoagland, Samantha Six. (McNulty, Andrew) (Entered: 12/26/2016) 01/06/2017 51 REPLY to 50 Trial Brief by Defendant City of Fort Collins, Colorado. (Ringel, Andrew) (Entered: 01/06/2017) 02/21/2017 52 DISREGARD FILED IN ERROR − AMENDED ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a six day Jury Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on April 2, 2018 at 9:00 a.m. A Trial Preparation Conference is set for March 9, 2018 at 9:00 a.m. Please refer to the order for additional details. By Judge R. Brooke Jackson on 2/21/17. (rbjsec. ) Modified on 2/21/2017 to note filed in error (agarc, ). (Entered: 02/21/2017) 02/22/2017 53 ORDER granting 2 Motion for Preliminary Injunction by Judge R. Brooke Jackson on 2/22/17. (jdyne, ) (Entered: 02/22/2017) 03/21/2017 54 NOTICE OF APPEAL as to 53 Order on Motion for Preliminary Injunction by Defendant City of Fort Collins, Colorado (Filing fee $ 505, Receipt Number 1082−5432615) (Ringel, Andrew) (Entered: 03/21/2017) Case: 1:16-cv-1308 As of: 03/21/2017 10:26 AM MDT 6 of 6 Case 1:16-cv-01308-RBJ Document 55-1 Filed 03/21/17 USDC Colorado Page 6 of 6 Case 1:16-cv-01308-RBJ Document 55-1 Filed 03/21/17 USDC Colorado Page 1 of 6