HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 172A - PRELIMINARY DOCKET FOR APPEALALLMTN,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
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.
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
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
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 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)
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 2 of
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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 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)
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
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 3 of
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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 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 necessary, after resolution of Defendants Motion to Dismiss 43 . The
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 4 of
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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. 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)
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 5 of
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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)
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)
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
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 6 of
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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 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)
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)
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 7 of
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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)
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)
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)
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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)
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 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
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 9 of
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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)
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)
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07/12/2019 132 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 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)
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 11 of
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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 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)
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)
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 12 of
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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 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)
Case 1:17-cv-00884-CMA-STV Document 172-1 Filed 04/28/20 USDC Colorado Page 13 of
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ATTORNEY TO BE NOTICED
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