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
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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)
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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)
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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)
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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)
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