HomeMy WebLinkAbout2018CV217 - MONTGOMERY V. CHERNAK, HOWARD & BROUGH - 040 - JOINT SUPPLEMENT TO SCHEDULING ORDER TO INCLUDE ADDITIONAL UNDISPUTED FACTS3172643.1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-00217-REB-KLM
WILLIAM MONTGOMERY,
Plaintiff,
v.
MATTHEW CHERNAK,
MIKE HOWARD, and
MATTHEW BROUGH,
Defendants.
_____________________________________________________________________
JOINT SUPPLEMENT TO SCHEDULING ORDER
TO INCLUDE ADDITIONAL UNDISPUTED FACTS
______________________________________________________________________
Defendants Matthew Chernak, Mike Howard and Matthew Brough, by and
through their counsel, and Plaintiff William Montgomery, by and through his counsel,
hereby respectfully submit this Joint Supplement to Scheduling Order [Dkt. 37] to
include Additional Undisputed Facts, as follows:
1. During the scheduling conference in this matter on July 19, 2018, this Court
ordered the parties to include additional statements of fact to include identification of the
defendants and the underlying charges.1
[See Dkt. 37, p. 3.]
1 The Court also proposed the parties consider statements of fact regarding the
disposition of the underlying prosecution. However, as counsel for Defendants stated at
the scheduling hearing, the individually-named defendant police officers do not have
sufficient knowledge of the details of the criminal proceedings after the arrest for the
parties to identify meaningful undisputed facts on that subject matter at this time.
Case 1:18-cv-00217-REB-KLM Document 40 Filed 08/20/18 USDC Colorado Page 1 of 4
2
3172643.1
2. The parties have conferred and proffer the following additional undisputed
facts, which include the fact contained in the Scheduling Order:
1. On January 28, 2016, Plaintiff William Montgomery was arrested.
2. Defendants Matthew Chernak, Mike Howard and Matthew Brough were all
police officers employed by Fort Collins Police Services on January 28,
2018.2
3. On January 28, 2016, Plaintiff William Montgomery was charged with:
1) Trespassing, 2nd
Degree (fenced area, hotel, car), a class 3 misdemeanor,
as set out in C.R.S. § 18-4-503
2) Obstructing Police, a class 2 misdemeanor, as set out in C.R.S. § 18-8-104
1(a)
3) Disturbing the Peace, a class 1 petty offense, as set out in C.R.S. § 18-9-
106
4) Resisting Arrest, a class 2 misdemeanor, as set out in C.R.S. § 18-8-103
5) Violation of Bail Bond, a class 6 felony, as set out in C.R.S. § 18-8-212(2).
2 From Plaintiff: Plaintiff advises the Court that Defendants’ refused to
acknowledge that they acted “under color of state law,” despite acknowledgement that
they arrested Plaintiff while working as police officers for the city of Fort Collins,
because, they assert, “it is an element of [Plaintiff’s] claims,” and Defendants “are not
obligated to agree.”
From Defendants: Defendants dispute Plaintiff’s mischaracterization of the
parties’ conferral. Defendants currently have pending a fully briefed Motion to Dismiss
and Motion to Stay Proceedings, and conveyed to Plaintiff that the requested language
that Defendants were “acting under color of law” at the time of arrest constitutes an
element of each of Plaintiff’s claims against Defendants which may be admitted if
Defendants are required to file an Answer to the Amended Complaint, but which they
were not obligated to admit at this juncture and was not within the subject matter of
facts requested by the Court. See Dkt. 37, p. 3. (“Who are Δs? What was charge? What
happened w/ prosecution?”)
Case 1:18-cv-00217-REB-KLM Document 40 Filed 08/20/18 USDC Colorado Page 2 of 4
3
3172643.1
Dated this 20th day of August, 2018.
Respectfully submitted,
s/ Christina S. Gunn _____ s/ Raymond Bryant_________
Thomas J. Lyons, Esq. Raymond K. Bryant
Christina S. Gunn, Esq. Civil Rights Litigation Group, PLLC
Hall & Evans, L.L.C. 1543 Champa St., #400
1001 17th
Street, Suite 300 Denver, CO 80202
Denver, CO 80202 720-515-6165
303-628-3300 Fax: 303-534-1949
Fax: 303-628-3368 Raymond@rightslitigation.com
lyonst@hallevans.com
gunnc@hallevans.com ATTORNEY FOR PLAINTIFF
ATTORNEY FOR DEFENDANTS
CHERNAK, HOWARD, AND BROUGH
Case 1:18-cv-00217-REB-KLM Document 40 Filed 08/20/18 USDC Colorado Page 3 of 4
4
3172643.1
CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 20th day of August, 2018, I electronically filed
the foregoing with the Clerk of Court using the CM/ECF system which will send
notification of such filing to the following e-mail addresses:
Raymond K. Bryant
raymond@rightslitigation.com
s/ Nicole Marion, Legal Assistant to
Christina S. Gunn, Esq. of
Hall & Evans, L.L.C.
Case 1:18-cv-00217-REB-KLM Document 40 Filed 08/20/18 USDC Colorado Page 4 of 4