U.S. District Courts - Colorado ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFamily LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawPension & Retirement BenefitsTaxationTransportation Peter GEORGACARAKOS, Plaintiff, v. Harrell WATTS, Doctor Baxter, and Harley Lappin, Defendants. , D.Colo., November 18, 2009 Peter Georgacarakos, Florence, CO, pro se. ORDER DENYING MOTION FOR RECONSIDERATION ZITA L. WEINSHIENK, Senior District Judge. Plaintiff has filed pro se on October 30, 2009, a "Motion for Reconsideration" in which he asks the Court to reconsider and vacate the Court's Order of Dismissal and the Judgment filed in this action on October 22, 2009. The Court must construe the motion liberally because Plaintiff is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1... David James HANSON, Applicant, v. Aristedes W. ZAVARAS, Executive Director CDOC, and The Attorney General of the State of Colorado, Respondents. , D.Colo., November 18, 2009 ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior Judge. Applicant David James Hanson is a prisoner in the custody of the Colorado Department of Corrections at the Fremont Correctional Facility in Canon City, Colorado. Mr. Hanson, acting pro se, initiated this action by filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. In an order filed on September 18, 2009, Magistrate Judge Boyd N. Boland directed Respondents to file a Pre-Answer Response limited to addressing ... Carey A. GRIFFIN, Applicant, v. Aristedes ZAVARAS, and The Attorney General of the State of Colorado, Respondents. , D.Colo., November 18, 2009 Carey A. Griffin, Las Animas, CO, pro se. John D. Seidel, Colorado Attorney General's Office, Denver, CO, for Respondents. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Applicant Carey A. Griffin is a prisoner in the custody of the Colorado Department of Corrections at the Bent County Correctional Facility in Las Animas, Colorado. Mr. Griffin, acting pro se, initiated this action by filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. In an ... Dana COOPER, Plaintiff, v. Sgt. BINDER, Warden Jones, c/o Vialaprando, c/o Simmons, and Lt. Chavez, Defendants. , D.Colo., November 18, 2009 Dana Cooper, Canon City, CO, pro se. ORDER DENYING MOTION TO RECONSIDER ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Dana Cooper, a State of Colorado prisoner acting pro se, filed a pleading titled, "Motion to Withdraw Plaintiffs [sic] Motion to Withdraw Complaint," on October 21, 2009. In the pleading, Mr. Cooper asks that the Court reinstate the instant action. The Court must construe the pleading liberally because Mr. Cooper is a pro se litigant. See Haines v. Kerner, 404 U.S... Shaun SANCHEZ, Plaintiff, v. B. CURTIS, and Div. of Adult Parole, Denver CO, Defendants. , D.Colo., November 18, 2009 ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior Judge. Plaintiff, Shaun Sanchez, is in the custody of the Colorado Department of Corrections and is currently incarcerated at the Kit Carson Correctional Facility. Mr. Sanchez initiated this action by filing a pro se Prisoner Complaint pursuant to 42 U.S.C. § 1983 alleging that his constitutional rights were violated. The Court must construe the Complaint liberally because... Ronald Ezell HOOD, Plaintiff, v. Attorney General, Eric HOLDER, The United States of America, Department of Veterans Affairs, Denver Regional Office, and The Director of the Denver Regional Office, Veterans Service Center Manager, Denver VA Regiona, D.Colo., November 18, 2009 Ronald Ezell Hood, Centennial, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Ronald Ezell Hood, has filed pro se a civil rights complaint pursuant to 42 U.S.C. § 1983. He asks for money damages and injunctive relief. Mr. Hood has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court must construe the complaint liberally because Mr. Hood is not represented by an attorney. See Ha... Gregory A. BLUE, Plaintiff, v. Federal Postal Inspector SKAFETTIE, Federal Postal Inspector John Doe 2, Colorado Springs Police Officer John Doe 1, Colorado Springs Police Officer John Doe 2, Colorado Springs Police Officer John Doe 3, Colorado Spr, D.Colo., November 18, 2009 Gregory Blue, Colorado Springs, CO, pro se. Amy L. Padden, U.S. Attorney's Office, Denver, CO, Shane Matthew White, Colorado Springs City Attorney's Office, Colorado Springs, CO, for Defendants. ORDER AFFIRMING AND ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE WILEY Y. DANIEL, Chief Judge. THIS MATTER is before the Court on Defendant Police Officer D. Mork's Motion for Summary Judgment (docket # 73), which was filed on June 23, 2009 ("Motion"). The matter was referred to Magi... Kenneth L. SMITH, Plaintiff, v. Stephen H. ANDERSON, et al., Defendants. , D.Colo., November 18, 2009 ORDER PHILIP A. BRIMMER, District Judge. This matter is before me on plaintiff Kenneth L. Smith's motion for relief pursuant to 28 U.S.C. § 292 [Docket No. 5] and motion for recusal [Docket No. 28]. Plaintiff's complaint [Docket No. 1] names as defendants a number of judges of the Tenth Circuit Court of Appeals and this District. Plaintiff's complaint also names as a defendant "Judge Doe 21," whom he describes as "the judge expected to preside over any proceedings ordered by this Court in the... Mario Rivera MUNOZ, Plaintiff, v. Aristedes ZAVARA[S], Executive Director of the Colorado Department of Corrections, Defendant. , D.Colo., November 17, 2009 Mario Rivera Munoz, Olney Springs, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Mario Rivera Munoz, currently is in the custody of the Colorado Department of Corrections and is incarcerated at Crowley County Correctional Facility. Mr. Munoz has filed a pro se Prisoner Complaint pursuant to 42 U.S.C. § 1983. The Court must construe the Complaint liberally because Mr. Munoz is a pro se litigant. See Haines v. Ke... Robert DARROW, individually and on behalf of other similarly situated persons, and Richard McVey, Plaintiffs, v. WKRP MANAGEMENT, LLC, WKRP Colorado PP, LLC, WKRP Colorado, LLC, and WKRP Holdings, LLC, Defendants. , D.Colo., November 17, 2009 Richard M. Paul, III, Stueve Siegel Hanson, LLP, Kansas City, MO, Mark A. Potashnick, Weinhaus & Potashnick, St. Louis, MO, for Plaintiffs. Brian K. Lafratta, Craig R. Annunziata, Fisher & Phillips, LLP, Chicago, IL, Darin L. MacKender, Todd Arthur Fredrickson, Fisher & Phillips, LLP, Denver, CO, for Defendants. ORDER BOYD N. BOLAND, United States Magistrate Judge. This matter arises on Defendants' Motion to Alter Case Scheduling Order [Doc. # 35, filed 10/15/2009] (the "Motion"). The M... Mark SMITH, individually and on behalf of other similarly situated persons, Plaintiff, v. PIZZA HUT, INC., Defendant. , D.Colo., November 16, 2009 Richard M. Paul, III, Stueve Siegel Hanson, LLP, Kansas City, MO, Mark A. Potashnick, Weinhaus & Potashnick, St. Louis, MO, for Plaintiff. Andra B. Greene, Irell & Manella, LLP, Newport Beach, CA, James Michael Lyons, Rothgerber Johnson & Lyons, LLP, Denver, CO, S. Kato Crews, Rothgerber Johnson & Lyons, LLP, Colorado Springs, CO, for Defendant. ORDER BOYD N. BOLAND, United States Magistrate Judge. This matter arises on Pizza Hut's Partially Unopposed Motion to Modify and Clarigy the Sch... Rikki LAMBERT, Plaintiff, v. TRAVEL CENTERS OF AMERICA, Defendant. , D.Colo., November 16, 2009 Robert Mark Liechty, Sean James Lane, Cross & Liechty, P.C., Denver, CO, for Plaintiff. Katherine S. Dix, Margaret Parnell Hogan, Littler Mendelson, PC, Denver, CO, for Defendant. ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MICHAEL E. HEGARTY, United States Magistrate Judge. Pending before the Court is Defendant's Motion for Summary Judgment [filed September 15, 2009; docket # 47]. By Order of Reference to United States Magistrate Judge, the case has been referred to me for disposi... Larry Roger OLSON and Sharon Renae Olson, Debtors-Appellants, v. Simon RODRIGUEZ, Chapter 7 Trustee, Trustee-Appellee. , D.Colo., November 16, 2009 ORDER LEWIS T. BABCOCK, District Judge. Debtors-Appellants Larry Roger Olson and Sharon Renae Olson appeal the United States Bankruptcy Court for the District of Colorado's Order dated April 10, 2009 granting the TrusteeAppellee's Motion to Compel Turnover [Doc # 40] and Order dated May 12, 2009 denying Appellants' Motion for Amended or Additional Findings [Doc # 46]. Oral argument would not materially assist in determination of this appeal. After full consideration of the record and the ... Barbara Lohman JOHNSON, Personal Representative of the Estate of Richard Verne Lohman, Deceased; Kristin E. Lohman, Brett E. Lohman, Bryan R. Lohman, Natural Children and Heirs of Richard Verne Lohman, Deceased; Jerry D. Biggs, Personal Representativ, D.Colo., November 13, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW RICHARD P. MATSCH, Senior District Judge. Late in the afternoon of July 3, 2003, a twin-engine propeller-driven Cessna 421 C aircraft, registration number N777DX flew directly into a hillside near Sitka, Alaska, killing all five occupants. In this civil action, the heirs and personal representatives of the decedents seek damages for their wrongful deaths allegedly caused by the negligence of an air traffic controller employed by the Federal Aviatio... Michelle GIELAS, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant. , D.Colo., November 13, 2009 Ellen M. Kelman, Buescher, Goldhammer, Kelman & Dodge, P.C., Denver, CO, for Plaintiff. Jack M. Englert, Jr., Holland & Hart, LLP, Greenwood Village, CO, for Defendant. ORDER CONCERNING MOTION TO ALTER OR AMEND MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court on Defendant Life Insurance Company of North America's ("LINA") motion for the Court to alter or amend its prior order remanding Plaintiff's ("Ms.Gielas") case to LINA for further fact-finding and analysis in ma... Derrick L. ARANDA, Plaintiff, v. L.T. McCORMAC, L.T. Strode, Sgt. P. Aderson, and Lenord Vigil, Defendants. , D.Colo., November 13, 2009 ORDER ADOPTING AND AFFIRMING MAGISTRATE JUDGE'S ORDER WILEY Y. DANIEL, Chief District Judge. I. INTRODUCTION This matter is before the Court on the Recommendation of United States Magistrate Judge Kathleen M. Tafoya entered October 1, 2009[# 90], in which she recommends that Plaintiff's pro se "Cause for Preliminary Injunction" and his "Declaration" in support, [# 's 57 & 58] filed June 25, 2009, be denied. The Recommendation is incorporated herein by reference. See28 U.S.C. § 636(b)(1)(A)... Michelle FELIX, Plaintiff, v. CITY AND COUNTY OF DENVER, Defendant. , D.Colo., November 13, 2009 Michelle Felix, Denver, CO, pro se. Robert A. Wolf, Denver City Attorney's Office, Denver, CO, for Defendant. ORDER KATHLEEN M. TAFOYA, United States Magistrate Judge. This matter is before the court on "Opposed: Plaintiff's Motion to Compel" ("Mot.") [Doc. No. 78, filed September 18, 2009]. Defendant filed a Response ("Resp.") [Doc. No. 84] on September 30, 2009 and Plaintiff filed her Reply [Doc. No. 94] on October 13, 2009. The matter came on for hearing on November 5, 2009 and was ta... Suzanne SHELL, Plaintiff, v. AMERICAN FAMILY RIGHTS ASSOCIATION, William O. Tower, Ann Tower, Leonard Henderson, Susan Adams Jackson a/k/a Susan Wolverton, Cletus Kiefer, Families at Risk Defnese Alliance, Mark Cygan, Illinois Family Advocacy Coali, D.Colo., November 13, 2009 ORDER KATHLEEN M. TAFOYA, United States Magistrate Judge. This matter is before the court on "Plaintiff's Verified Motion for Imposition of Costs of Personal Service Upon Defendant Aimee Dutkiewicz Pursuant to Fed.R.Civ.P. [sic] 4(d)(2) and for Sanctions" (Doc No. 335, filed October 15, 2009) and Plaintiff's "Verified Motion for Costs of Personal Service Upon Defendant Randall Blair" (Doc. No. 347, filed October 22, 2009). Defendant Aimee Dutkiewicz filed a response to the motion for costs on... Joel LEDBETTER; Heath Powell; and Disa Powell, as spouse to Heath Powell, Plaintiffs, v. WAL-MART STORES, INC., General Electric Company, Eaton Corporation, Eaton Corporation d/b/a Cutler-Hammer, Eaton Corporation d/b/a Eaton Electrical Services & , D.Colo., November 13, 2009 David P. Hersh, Sarah Van Arsdale Berry, Holly Baer Kammerer, Michael S. Burg, Peter W. Burg, Steven Gregory Greenlee, Burg, Simpson, Eldredge, Hersh & Jardine, P.C., Englewood, CO, for Plaintiffs. Brad Alan Ramming, Jon F. Sands, Sean Michael Wells, Fisher, Sweetbaum, Levin & Sands, P.C., Kenneth R. Fish, Law Offices of Kenneth R. Fish, LLC, Dennis W. Brown, Holland & Hart, LLP, Denver, CO, Jose Antonio Ramirez, Holland & Hart, LLP, Franklin D. Patterson, Patterson, Nuss & Seymour, P.C., Gr... Lloyd Victor HAYNES, Plaintiff, v. Ryan MEMMEN, Steve Bush, and United States of America, Defendants. , D.Colo., November 13, 2009 Lloyd Victor Haynes, Colorado Springs, CO, pro se. Randy David Kotel, Kotel and Unkeless, Englewood, CO, for Defendants. ORDER WILEY Y. DANIEL, Chief Judge. THIS MATTER is before the Court on Plaintiff's Motion for Relief From Final Judgment, filed September 9, 2009[# 86]. The United States filed a response on September 29, 2009[# 87]. No reply was filed. For the reasons set forth herein, the motion shall be denied. I. Background: Plaintiff filed his initial Complaint on April 4, 2003... William A. RALSTON, Richard L. Ralston, and Salba Smart Natural Products, LLC, Plaintiffs, v. SALBA CORP N.A., Defendant. , D.Colo., November 13, 2009 Stephen D. Gurr, Kamlet Reichert, LLP, Denver, CO, for Plaintiffs. Tobin Duff Kern, Sherman & Howard, L.L.C., Denver, CO, for Defendant. ORDER DENYING DEFENDANT'S MOTION TO SET ASIDE OR AMEND JUDGMENT BASED UPON SCRIVENER'S ERROR IN COURTROOM MINUTES CHRISTINE M. ARGUELLO, District Judge. This matter comes before the Court on Defendant Salba Corp N.A.'s Motion to Set Aside or Amend Judgment Based Upon Scrivener's Error in Courtroom Minutes (Doc. # 45). On October 29, 2009, the Court h... Anthony Ray MARTINEZ, Plaintiff, v. Denver Deputy Sheriff, David O. MARTINEZ, Defendant. , D.Colo., November 12, 2009 Anthony Ray Martinez, Denver, CO, pro se. Thomas G. Bigler, Denver City Attorney's Office, Denver, CO, for Defendant. ORDER BOYD N. BOLAND, United States Magistrate Judge. This matter arises on the Plaintiff's Motion to Request Dismissal of Motion for Protective Order [Doc. # 174, filed 11/5/2009] (the "Motion "). The Motion is confusing and states in its entirety: [FN1] FN1. In this order, I quote the plaintiff's filings verbatim, without any attempt to identify or correct errors. COME... BELLCO CREDIT UNION, Plaintiff, v. The UNITED STATES of America, Defendant. , D.Colo., November 12, 2009 Michael M. Conway, Anna R. Downs-Temple, Foley & Lardner, LLP, Chicago, IL, Richard F. Riley, Jr., Foley & Lardner, LLP, Washington, DC, for Plaintiff. Michael G. Pitman, Shayla Laura McCormally, Washington, DC, for Defendant. ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on Plaintiff Bellco Credit Union's Motion for Summary Judgment (Doc. # 62) and the United States' Motion for Summary Judgment (Doc. # 69). For the fo... UNITED STATES of America, Plaintiff, v. 1. Michael Arthur GRIGGS, 2. Charles Homer "Chip" Sharp, 3. Justin Shane Blackburn, 4. Mark R. Troudt, 5. Jason Alan Cain, 6. Brett David Harding, 7. Peter T. Jennings, 8. Matthew Kaskel, 9. Garland Scott Ris, D.Colo., November 12, 2009 Michael S. Axt, Michael S. Axt, Law Office of, Stephen C. Peters, Peters Law Firm, L.L.C., Denver, CO, for Defendants. ORDER DENYING MOTION TO QUASH MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court on the Government's Motion to Quash Rule 17 Subpoena (# 546). Although no Defendant filed a response to this motion, the motion was addressed by each side at a Motion Hearing on August 14, 2009 (# 547). The Government argues that Defendants' Rule 17 subpoena duces tecum shoul... DISH NETWORK CORPORATION, and Dish Network LLC, Plaintiffs, v. ARCH SPECIALTY INSURANCE COMPANY, Arrowood Indemnity Company, Travelers Indemnity Company of Illinois, and XL Insurance America, Inc., and National Union Fire Insurance Company of Pitts, D.Colo., November 12, 2009 Todd Estes Mackintosh, Mackintosh Law Office, LLC, Denver, CO, Lee M. Epstein , Fried & Epstein LLP, Philadelphia, PA, for Plaintiffs. Robert James Zavaglia, Jr., Thomas Neville Alfrey, Treece, Alfrey, Musat & Bosworth, P.C., Kevin F. Amatuzio, Montgomery, Kolodny, Amatuzio & Dusbabek, LLP, Lisa F. Mickley, Hall & Evans, LLC, Della S. Nelson, John W. Grund, Grund, Dagner & Nelson, P.C., Denver, CO, Roger K. Heidenreich, Deborah C. Druley, Sonnenschein Nath & Rosenthal, LLP, St. Louis, MO, L... Hal AUSTIN, Plaintiff, v. LOVINGER, Denver Sheriff Chief, Denver County Jail Supervisor or Designated Employee, Defendant. , D.Colo., November 12, 2009 Hal Austin, Denver, CO, pro se. Janice Lynn Tonz, City Attorney's Office-Civil Litigation Practice Denver Civil Litigation Practice Group, John Jacob Fuerst, III, Colorado Attorney General's Office-Appellate Section, Denver, CO, for Defendant. MINUTE ORDER KRISTEN L. MIX, United States Magistrate Judge. This matter is before the Court on Applicant's Motion to Facilitate Ignorance Moderation and the Implementation of the Relief Promised Within the Habeas Corpus Act [Docket No. 24; Filed N... Rita RAEL, Plaintiff, v. COSTILLA COUNTY BOARD OF COUNTY COMMISSIONERS, Ramona Archuleta, and Edward Vigil, Defendants. , D.Colo., November 12, 2009 ORDER RE: MOTIONS FOR SUMMARY JUDGMENT BLACKBURN, District Judge. The matters before me are (1) Defendants' Motion for Summary Judgment and Brief in Support [# 66] [FN1] filed July 29, 2009; and (2) Plaintiff's Cross-Motion for Summary Judgment [# 75] filed September 14, 2009. I deny defendants' motion in part as moot and deny it in part, and I deny plaintiff's cross-motion. [FN2] FN1. "[# 66]" is an example of the convention I use to identify the docket number assigned to a specific paper b... Michael A. COLLINS, individually Plaintiff, v. MIDLAND FUNDING LLC, Midland Credit Management, Inc. and Farrell & Seldin, Defendants. , D.Colo., November 10, 2009 Michael A. Collins, Aurora, CO, pro se. Charles B. Hecht, Hamil/Hecht, LLC, Denver, CO, Thomas F. Farrell, Farrell & Seldin, Centennial, CO, for Defendants. ORDER BOYD N. BOLAND, United States Magistrate Judge. This matter arises on the following motions: 1. The plaintiff's Motion for Leave to Amend His Verified Complaint [Doc. # 17, filed 11/06/2009] (the "Motion to Amend"); 2. The Motion to Dismiss or, Alternatively, to Stay Pending Arbitration [Doc. # 5, filed 10/09/2009] ("Mi... PRESSTECK, INC., and Kevin Ray, Ph.D, Plaintiffs-Counterclaim Defendants, v. EASTMAN KODAK CORPORATION, Defendant-Counterclaim Plaintiff. , D.Colo., November 9, 2009 James Michael Lyons, Jessica L. Grether, Joy T. Allen Woller, Rothgerber Johnson & Lyons, LLP, Denver, CO, for Plaintiffs-Counterclaim Defendants. Andrew Wayne Volin, Theodore Alan Olsen, Sherman & Howard, L.L.C., Denver, CO, for Defendant-Counterclaim Plaintiff. ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL DISCOVERY AND FOR ATTORNEYS' FEES AND COSTS (DOCKET NOS. 28 and 30) AND DEFENDANT KODAK'S MOTION TO COMPEL (DOCKET NO. 21) MICHAEL J. WATANABE, United States Magistrate Judge. This m... Dieu T. HUA, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Colo., November 9, 2009 Thomas Andrew Feldman, Thomas A. Feldman, Attorney at Law, Denver, CO, for Plaintiff. Debra J. Meachum, Social Security Administration, Kevin Thomas Traskos, U.S. Attorney's Office, Denver, CO, for Defendant. ORDER WILEY Y. DANIEL, Chief District Judge. THIS MATTER is before the Court on Plaintiff's Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U .S.C. § 2412 filed May 29, 2009. The motion seeks an award of attorney's fees to Plaintiff as a result... Ferdinand DE LEON, on behalf of himself and a Class of Judgment Creditors of the Estate of Ferdinand E. Marcos, Plaintiff, v. Imelda R. MARCOS and Ferdinand R. Marcos, as executors of the Estate of Ferdinand E. Marcos, Denman Investment Corporation, D.Colo., November 9, 2009 Richard G. Sander, Sander Ingebretsen & Wake, P.C., Denver, CO, for Plaintiff. ORDER ON DEFENDANT'S MOTION TO STAY MICHAEL E. HEGARTY, United States Magistrate Judge. Pending before the Court is Defendant Denman Investment Corporation, Inc.'s Motion to Stay Discovery and Vacate Scheduling Conference Pending Disposition of its Motion to Dismiss [filed November 6, 2009; docket # 17 ]. The matter has been referred to this Court for disposition [docket # 19]. For the reasons stated below, Defen... TRANS-EXCHANGE CORPORATION and M & M Investors, Plaintiffs, v. The WORLD'S LARGEST PEARL COMPANY and Victor Barbish, Defendants. Joseph Bonicelli, Peter D. Hoffman, Parvenah Hargrove, John Levy, Thomas Phillips, Jerry Haag, and Mrs. Dell Graves, I, D.Colo., November 6, 2009 ORDER GRANTING MOTION TO REVIVE JUDGMENT CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on Plaintiffs' Motion to Revive a November 9, 1989 Judgment (Doc. # 1) issued against Defendants. Interested parties, Michael Bonicelli, Gwendolyn Garris, Donna Fuller (all successors of deceased Intervenor, Joseph Bonicelli and hereinafter, the "Intervening Successors") and the Largest Pearl, LLC (to which the Intervening Successors have transferred their interest) have joined the ... Celia A. DANIELS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Colo., November 6, 2009 Celia A. Daniels, Denver, CO, pro se. ORDER GRANTING MOTION TO DISMISS KANE, District Judge. I have reviewed Plaintiff's Response (Doc. 21) to Defendant's Motion to Dismiss her Complaint, which seeks a return of social security disability benefit payments that were terminated in 2003. Unfortunately, there is nothing in Plaintiff's Response that would preclude the dismissal of her claims, which were adjudicated both administratively and then through appeal here in the federal district court ... Peter ARNOLD, Plaintiff, v. WELLS FARGO BANK, N.A., Defendant. , D.Colo., November 6, 2009 Adrienne C. Rowberry, Whitsitt & Gross, P.C., Carbondale, CO, for Plaintiff. Dan C. Jordan, Bloom, Murr & Accomazzo, P.C., Denver, CO, for Defendant. ORDER BOYD N. BOLAND, United States Magistrate Judge. This matter arises on the following: (1) Plaintiff Peter Arnold's Combined Motion to Compel Discovery Pursuant to Fed.R.Civ.P. 37 and Modify Discovery Cut-Off Deadline [Doc. # 49, filed 10/26/2009] (the "Motion to Compel"); and (2) Wells Fargo Bank, N.A.'s Motion for Extension of ... Michele WHITMORE, WKF Enterprises, LLC, Wanda K. Ford, Dylan Mumm, Carlyn Mumm, and Kathryn Ford, Plaintiffs, v. STATGUARD, LLC, David Kim Stanley, Michael J. Leary, Charles S. Bradford, Bruce Hoover, and Linda Mitchell, Defendants. , D.Colo., November 6, 2009 Matthew David Spohn, Reilly Pozner, L.L.P., Denver, CO, for Plaintiffs. Lisa Welch Stevens, Lisa Welch Stevens, Attorney at Law, P.C., Colorado Springs, CO, David Lichtenstein, David Lichtenstein, Attorney at Law, Denver, CO, for Defendants. ORDER ON PLAINTIFFS' MOTION TO COMPEL AND DEFENDANTS' MOTION FOR PROTECTIVE ORDER MICHAEL E. HEGARTY, United States Magistrate Judge. Before the Court are Plaintiffs' Motion to Compel Discovery from Defendants and for Award of Fees and Costs [filed S... Leslie McWETHY, individually and as parent and next friend of minor Jordan Thomas McWethy, Plaintiff, v. The CITY OF COLORADO SPRINGS, d/b/a Memorial Hospital, George L. Hertner, M.D., Gregory P. Collins, D.O., and James K. Warren, M.D., Defendants, D.Colo., November 6, 2009 ORDER ON MOTION TO AMEND MICHAEL E. HEGARTY, United States Magistrate Judge. Before the Court is Plaintiff's Motion for Leave to Amend Complaint [docket # 62]. The matter is briefed and has been referred to this Court for disposition. Oral argument will not materially assist the Court in adjudicating the motion. For the following reasons, this Court grants the Plaintiff's motion. A. Background Plaintiff initiated this action on March 16, 2009. The Scheduling Order, issued July 22, 2009, s... Hal AUSTIN, Applicant, v. Chief LOVINGER, Denver Sheriff, and The Attorney General of the State of Colorado, Respondents. , D.Colo., November 6, 2009 ORDER DANIEL, District Judge. Applicant Hal Austin currently resides in Denver, Colorado. Mr. Austin, acting pro se, initiated this action by submitting to the Court a pro se Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. In an order filed on August 19, 2009, Magistrate Judge Boyd N. Boland directed Respondents to file a Pre-Answer Response to address the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and exhaustion of state court remedies if Respon... EDISYNC SYSTEMS, INC., Plaintiff, v. CENTRA SOFTWARE, INC., Defendant. , D.Colo., November 6, 2009 Gregory Scot Tamkin, Evan Michael Rothstein, Tucker K. Trautman, Dorsey & Whitney, LLP, Denver, CO, for Plaintiff. James J. Foster, Michael A. Albert, Robert M. Abrahamsen, Wolf, Greenfield & Sacks, P.C., Boston, MA, for Defendant. ORDER STAYING CASE WILEY Y. DANIEL, Chief Judge. THIS MATTER comes before the Court on Defendant Centra Software, Inc.'s ("Centra") Motion to Stay This Action Pending Reexamination of the Patent-in- Suit or, in the Alternative, Pending the Outcome of an Early... UNITED STATES of America, Plaintiff, v. Brett Floyd YEOMANS, Defendant. , D.Colo., November 5, 2009 ORDER DENYING MOTION TO REDUCE SENTENCE AND TO APPOINT COUNSEL BLACKBURN, District Judge. The matter before me is defendant's Motion To Reduce Sentence--U.S. vs. Chambers [# 138] [FN1] filed April 27, 2009. I deny the motion. [FN2] FN1. "[# 138]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case management and filing system (CM/ECF). I use this convention throughout this order. FN2. The issues raised by and... John NASIOUS, Plaintiff, v. State of COLORADO--Office of the Governor Bill Ritter, Carol Soares, Colorado Dept. of Corrections, Nurse Martha Mueller, Physician Health Partners, Dr. Barry Goldsmith, Physician Health Partners, Paula Frantz, M.D., C.M, D.Colo., November 5, 2009 John Nasious, Sterling, CO, pro se. ORDER TO DISMISS IN PART AND TO ASSIGN CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior District Judge. Plaintiff John Nasious is a prisoner in the custody of the Colorado Department of Corrections at the Sterling Correctional Facility in Sterling, Colorado. Mr. Nasious initiated this action by filing pro se a Prisoner Complaint. On October 23, 2009, he filed an amended Prisoner Complaint. Mr. Nasious asserts three claims ... Zachary KRISTON, et al., Plaintiffs, v. Tony PEROULIS, et al., Defendants. , D.Colo., November 5, 2009 ORDER ON MOTION TO STRIKE MICHAEL E. HEGARTY, United States Magistrate Judge. Pending before the Court is Plaintiff Kriston's "Motion to Strike Answer of Defendants, Tony Peroulis, Harry Peroulis, and Daryll Rosenblatt" [filed September 10, 2009; docket # 51 ]. The Motion is referred to this Court for resolution. (Docket # 52.) The matter is fully briefed, and oral argument would not assist the Court in its adjudication. For the reasons stated below, the Court GRANTS IN PART and DENIES IN PAR... Steven Michael TULLER, Plaintiff, v. Bill RITTER Jr., John Suthers, Aristedes Zavaras, Dr. Miller, Dr. # 1, is Head Psychologist of DOC, David L. Michaud, # 2, is a Member of the Colorad[o] Stat [e] Parole Board, John Doe # 3, is a Member of the C, D.Colo., November 5, 2009 Steven Michael Tuller, Pueblo, CO, pro se. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Plaintiff, Steven Michael Tuller, submitted pro se a letter to the Court requesting forms, a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, and a Prisoner Complaint. The Court reviewed the documents pursuant to D.C.COLO.LCivR 8.2, and on September 16, 2009, directed the clerk of the Court to commence a civil action, and directed Mr. Tuller to show ... Alison MAYNARD, and Gerald Lewis, Plaintiffs, v. The COLORADO SUPREME COURT OFFICE OF ATTORNEY REGULATION COUNSEL, April McMurrey, John Gleason, James Coyle, Colorado Supreme Court, Mary Mullarkey, Gregory J. Hobbs, Jr., Nancy Rice, Michael Bender,, D.Colo., November 5, 2009 Alison Maynard, Denver, CO, pro se. Gerald Lewis, Kremmling, CO, pro se. Maurice G. Knaizer, Colorado Attorney General's Office, Denver, CO, for Defendants. ORDER KATHLEEN M. TAFOYA, United States Magistrate Judge. This matter is before the court on Plaintiffs' "Verified Forthwith Request to Reconsider Denial of Preliminary Injunction" ( [Doc. No. 25] [hereinafter "Mot."] ) filed September 21, 2009. Defendants filed their Response on October 8, 2009. (Doc. No. 27.) Plaintiffs' filed t... Deborah L. HENLEY, Plaintiff, v. VERIZON, Defendant. , D.Colo., November 5, 2009 Deborah L. Henley, Colorado Springs, CO, pro se. Bronwyn H. Pepple, Elizabeth Suzanne McKelvey, Jackson Lewis, LLP, Denver, CO, for Defendant. ORDER ADOPTING AND AFFIRMING OCTOBER 19, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on the sua sponte Recommendation of the Magistrate Judge that this case be dismissed for Plaintiff's failure to prosecute, i.e., her failure to respond to the Court's Order to Show Ca... Ernest BRIM, aka Bernard Horne, Applicant, v. Aristedes W. ZAVARAS, Colorado "DOC" Executive Director, and The Attorney General of the State of Colorado John Suthers, Esq., Respondents. , D.Colo., November 5, 2009 Ernest Brim, Limon, CO, pro se. John Jacob Fuerst, III, Colorado Attorney General's Office, Denver, CO, for Respondents. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Applicant, Ernest Brim, also known as Bernard Home, is a prisoner in the custody of the Colorado Department of Corrections (DOC) who currently is incarcerated at the Limon, Colorado, correctional facility. Mr. Brim initiated this action by filing pro se an application for a writ of habeas corpus pursuant... Evelyn GORDON, individually, and as Personal Representative of the Estate of Carrie Q. Griffin, deceased, Plaintiff, v. SUNRISE SENIOR LIVING SERVICES, INC., d/b/a Sunrise Senior Living at Cherry Creek, a Delaware corporation, and Does 1-5, Defenda, D.Colo., November 5, 2009 Jennifer Lee Keel, Scott J. Eldredge, Burg, Simpson, Eldredge, Hersh & Jardine, PC, Englewood, CO, for Plaintiff. Jennifer Caroline Forsyth, Gordon & Rees, LLP, Denver, CO, for Defendants. ORDER RE: DEFENDANT'S RULE 702 MOTION BLACKBURN, District Judge. The matter before me is Defendant's Motion Pursuant to Fed.R.Evid. 702 To Exclude Anne Ellett, N.P., M.S.N.s Opinion in Rebuttal to Opinion of Fred M. Feinsod, M.D., M.P.H., D.Sc., C.M.D. [# 46] filed August 21, 2009. I grant the motion i... FIRST FRANKLIN FINANCIAL CORPORATION, a Delaware corporation, Plaintiff, v. UNITED TITLE COMPANY, INC., a Colorado corporation, Defendant. , D.Colo., November 5, 2009 Gregory Scot Tamkin, V. Aaron Hughes, Dorsey & Whitney, LLP, Denver, CO, for Plaintiff. Craig D. Joyce, Fairfield & Woods, P.C., Denver, CO, for Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT PHILIP A. BRIMMER, District Judge. This matter comes before the Court on the motion for partial summary judgment ("Def.'s Mot.") [Docket No. 36] of defendant United Title Company, Inc. ("United Title"), which was filed on July 17, 2009. On August 6, 2009, plaintiff First F... Jerry L. MASKE, Plaintiff, v. IBM CORPORATION, Defendant. , D.Colo., November 5, 2009 Jerry L. Maske, Aurora, CO, pro se. ORDER OF DISMISSAL AND IMPOSITION OF SANCTIONS ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Jerry L. Maske, acting pro se, initiated this action on July 27, 2009, by filing a Complaint and submitting a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. On September 3, 2009, the Court entered an order finding that Mr. Maske failed to assert his claims in keeping with Fed.R.Civ.P. 8 in this action and that this Complaint is ... Randal ANKENEY, Plaintiff, v. Aristedes ZAVARAS, E.D. of C.D.O.C, Steve Hartley, Warden of Fremont, Tim Creany, Fremont Doctor, Nurse Practitioner Klenke, N.P., Nurse Practitioner Hibbs, N.P., Anthony A. Decesaro, Grievance Officer, and John Doe, G, D.Colo., November 5, 2009 Randal Ankeney, Canon City, CO, pro se. ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior District Judge. Plaintiff, Randal Ankeney, is in the custody of the Colorado Department of Corrections and is currently incarcerated at the Fremont Correctional Facility. He initiated this action by submitting a pro se Prisoner Complaint pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343, which was filed on September 1, 2009. Magistrat... Jose RODRIGUEZ, Applicant, v. Warden Richard SMELSER, Respondent. , D.Colo., November 5, 2009 Jose Rodriguez, Olney Springs, CO, pro se. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Applicant, Jose Rodriguez, is a prisoner in the custody of the Colorado Department of Corrections (DOC) and currently is incarcerated at the Crowley County correctional facility. Mr. Rodriguez has filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging an immigration detainer filed against him by the Department of Homeland Security, Immigration... Patrick Duray PORTLEY-EL, Applicant, v. Warden Hoyt BRILL (KCCC), and Correction Corporation of America, Respondents. , D.Colo., November 5, 2009 Patrick Duray Portley-El, Burlington, CO, pro se. Christopher Yannis Bosch, Colorado Attorney General's Office, Denver, CO, for Respondents. ORDER DENYING MOTION TO RECONSIDER ZITA L. WEINSHIENK, Senior District Judge. Applicant, Patrick Duray Portley-El, filed pro se on October 9, 2009, a "Motion to Alter or Amend Judgment" in which he asks the Court to reconsider and vacate the Order of Dismissal and the Judgment filed in this action on September 24, 2009. The Court must construe ... Jerry L. MASKE, Applicant, v. Valerie ESTRADA, and The Attorney General of the State of Colorado, Respondents. , D.Colo., November 5, 2009 Jerry L. Maske, Aurora, CO, pro se. ORDER ZITA L. WEINSHIENK, Senior District Judge. Applicant Jerry L. Maske, acting pro se, filed a Letter with the Court on October 5, 2009, (Doc. No. 24) raising the same objections and seeking the same relief that he sought in the previous twelve letters he filed with the Court. He also filed a Letter on October 5, 2009, (Doc. No. 23), in which he states that he will "get the affidavits requested." The Court must construe the Letters liberally becaus... Gilarime Michael MUELLER, Plaintiff, v. J.M. WILNER, Warden, Jerrey Jones, Interim Warden, Scott Vineyard, Assistant Warden, P. Klein, Captain, Mr. Derr, Unit Manager, A. Baker, Case Manager, and Mr. Worsham, Counselor, Defendants. , D.Colo., November 5, 2009 Gilarime Michael Mueller, Florence, CO, pro se. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Plaintiff, Gilarime Michael Mueller, is a prisoner in the custody of the United States Bureau of Prisons who currently is incarcerated at the Federal Correctional Institution in Florence, Colorado. He submitted to the Court pro se a document titled "Action to Compel Officer of the United States to Perform His Duty in the Nature of Mandamus Pursuant to 28 U.S.C. § 1361." The Cour... Osiel RODRIGUEZ, Plaintiff, v. GENERAL COUNSEL FOR the FEDERAL BUREAU OF PRISONS, Michael K. Nally, Regional Director for the Federal Bureau of Prisons, Central Regional Office, and One Unknown Named Employee of the Federal Bureau of Prisons, USP, , D.Colo., November 4, 2009 Osiel Rodriguez, Florence, CO, pro se. ORDER DENYING MOTION FOR RECONSIDERATION ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Osiel Rodriguez is in the custody of the United States Bureau of Prisons and currently is incarcerated at ADX Florence. Mr. Rodriguez, acting pro se, filed a pleading titled, "Motion Seeking Relief From Judgement [sic] or Order Pursuant to Fed. R. of Civ. P. Rule 60(b)." The Court must construe the Motion liberally because Mr. Rodriguez is a pro se litigan... Joseph A. ELLSWORTH, Plaintiff, v. Diane BALKIN, Adrienne Greene, James Wunderlick, Kathy Wilson, Don Holloway, Jennifer Nuanes, Jeff Carson, R. Bacon, W. Holencik, Pat Montez, Charles Olin, A. Zavaras, Harvey Lappin, Cathie Hoist, Marshall Griffit, D.Colo., November 4, 2009 Joseph A. Ellsworth, Canon City, CO, pro se. ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Joseph A. Ellsworth is in the custody of the Colorado Department of Corrections (DOC) and currently is incarcerated at the Colorado Territorial Correctional Facility in Canon City, Colorado. Mr. Ellsworth, acting pro se, initiated this action by submitting to the Court a Prisoner Complaint pursuant to 42... Michael DOYLE, Plaintiff, v. Martin F. EGELHOFF, Judge, Denver Dist. Ct., Robert L. McGahey, Jr ., Judge, Denver Dist. Ct., Barrett Weisz, Reg. No. 27601, Head Chair, Public Defender, T. Marshal Seufert, Reg. No. 29850, Second Chair, Public Defende, D.Colo., November 4, 2009 Michael Doyle, Sterling, CO, pro se. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Michael Doyle is a prisoner in the custody of the Colorado Department of Corrections (DOC) at the Sterling Correctional Facility in Sterling, Colorado. Mr. Doyle has filed pro se a Prisoner Complaint pursuant to 42 U.S.C. § 1983 alleging that his rights under the United States Constitution were violated during the course of the state court criminal proceedings against him. Mr. Do... UNITED STATES of America, Plaintiff, v. 7. Troy SAGO, Defendant. , D.Colo., November 4, 2009 ORDER ON MOTION TO RECONSIDER PRE-TRIAL DETENTION MICHAEL E. HEGARTY, United States Magistrate Judge. Defendant requests release on bond. The Court initially held a hearing concerning detention in this matter on August 11, 2009. At that time the Court determined that, by a preponderance of the evidence, Defendant presented a risk of nonappearance, and by clear and convincing evidence, that Defendant presented a risk to the community. The Court ordered detention. See docket # 15. On October 21... Walter J. JENKINS, Applicant, v. J.M. WILNER, Warden, U.S.P. Florence, Respondent. , D.Colo., November 4, 2009 Walter J. Jenkins, Florence, CO, pro se. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Applicant Walter J. Jenkins is a prisoner in the custody of the United States Bureau of Prisons at the United States Penitentiary in Florence, Colorado. Mr. Jenkins, acting pro se, has filed an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 challenging the validity of his conviction and sentence and claiming that he is actually innocent. The Court must construe th... PRECISION FITNESS EQUIPMENT, INC., Plaintiff, v. NAUTILUS, INC., Defendant. , D.Colo., November 4, 2009 Samantha Tesser Haimo, Adorno & Yoss, Fort Lauderdale, FL, for Plaintiff. Gregory Andrew Anderson, Andersonglenn, LLC, Ponte Vedra Beach, FL, Mary Hurley Stuart, Matthew J. Smith, Husch Blackwell Sanders, LLP, Denver, CO, for Defendant. ORDER DENYING DEFENDANT'S MOTION TO DISMISS CHRISTINE M. ARGUELLO, District Judge. This is a breach of contract action. This matter is before the Court on Defendant's Motion to Dismiss and Award Costs and Attorney Fees pursuant to Fed.R.Civ.P. 37 (Doc. # ... Giovanni LARATTA, Plaintiff, v. George W. DUNBAR, and Mick McCormac, Defendants. , D.Colo., November 4, 2009 Giovanni Laratta, Canon City, CO, pro se. ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior District Judge. Plaintiff, Giovanni Laratta, initiated this action by filing a pro se Prisoner Complaint pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343 on August 3, 2009. On August 5, 2009, Plaintiff filed an Amended Prisoner Complaint. On August 18, 2009, Magistrate Judge Boyd N. Boland determined that the Amended Complaint was ... Patrick B. FARRAND, Plaintiff, v. DOUGLAS COUNTY SHERIFF DEPT., Deputy Sheriff "Trap," Lt. Anderson, and Teidric Leroyn Howard, Defendants. , D.Colo., November 4, 2009 ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior Judge. At the time of filing, Plaintiff, Patrick B. Farrand, was an inmate at the Denver County Jail in Denver, Colorado. On June 1, 2009, Mr. Farrand submitted to the Court a Prisoner Complaint alleging a violation of his constitutional rights. On July 14, 2009, Magistrate Judge Craig B. Shaffer determined that the Complaint was deficient because Mr. Farrand failed to set fo... Sammie Lee DENSON, Jr., Plaintiff, v. Major L. MAUFELD, Warden James E. Abbott, Aristedes W. Zavaras, Executive Director of Colorado's D.O.C., and The Colorado Department of Corrections, Defendants. , D.Colo., November 4, 2009 Sammie Lee Denson, Jr., Canon City, CO, pro se. ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Sammie Lee Denson, Jr., is a prisoner in the custody of the Colorado Department of Corrections (DOC) at the Centennial Correctional Facility in Canon City, Colorado. Mr. Denson initiated this action by filing pro se a Prisoner Complaint pursuant to 42 U.S.C. § 1983 alleging that his rights under the U... Donald Ray NICHOLS, Applicant, v. Warden WILEY, Respondent. , D.Colo., November 4, 2009 Donald Ray Nichols, Florence, CO, pro se. William George Pharo, U.S. Attorney's Office, Denver, CO, for Respondent. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Applicant, Donald Ray Nichols, is a prisoner in the custody of the United States Bureau of Prisons (BOP) who currently is incarcerated at the Administrative Maximum Federal Prison (ADX) in Florence, Colorado. Mr. Nichols initiated this action by filing a pro se Application for a Writ of Habeas Corpus Pursuant... Rosendo HERRERA, Plaintiff, v. COLORADO DEPARTMENT OF CORRECTIONS, Aristedes Zavares, Executive Director, Theodore Lawrence, Physician's Assistant, Patty L. Beecroft, Physician, Brian Webster, Physician's Assistant, (Unknown First Name) Fortunato, , D.Colo., November 4, 2009 Rosendo Herrera, Sterling, CO, pro se. ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Rosendo Herrera is a prisoner in the custody of the Colorado Department of Corrections (DOC) at the Sterling Correctional Facility in Sterling, Colorado. Mr. Herrera initiated this action by filing pro se a Prisoner Complaint. On June 3, 2009, he filed an amended Prisoner Complaint. On July 2, 2009, Magistrate... Aaron COLEMAN, Applicant, v. Brigham SLOAN, Warden/Trustee, Bent County Correctional Facility, and John Suthers, Attorney General of the State of Colorado, Respondents. , D.Colo., November 4, 2009 ORDER TO DISMISS IN PART ZITA L. WEINSHIENK, Senior Judge. Applicant Aaron Coleman is a prisoner in the custody of the Colorado Department of Corrections at the Bent County Correctional Facility in Las Animas, Colorado. Mr. Coleman has filed pro se on October 22, 2009, a second amended application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the validity of his state court criminal conviction in Denver District Court case number 92CR1745 and the validity of his sta... Mohammed SALEH, Plaintiff, v. UNITED STATES of America, and Ron Wiley, Warden, Defendants. , D.Colo., November 4, 2009 Mohammed Saleh, Florence, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Mohammed Saleh, is a prisoner in the custody of the United States Bureau of Prisons who currently is incarcerated at the United States Penitentiary, Administrative Maximum (ADX), in Florence, Colorado. He has filed pro se a Prisoner Complaint pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), an... Carol ADAMS, Plaintiff, v. LIBERTY ACQUISITIONS, and (Does 1-10), Defendants. , D.Colo., November 4, 2009 Carol Adams, Denver, CO, pro se. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Plaintiff Carol Adams initiated this action by submitting to the Court a pro se Complaint, on September 16, 2009. Magistrate Judge Boyd N. Boland reviewed the Complaint and, on September 21, 2009, entered an order instructing Ms. Adams to amend the Complaint in keeping with Fed.R.Civ.P. 8. On October 16, 2009, Ms. Adams filed an Amended Complaint. The Court has reviewed the Amended Complaint a... George Allenkalini DUTRO, Plaintiff, v. Governor William RITTER, Colorado Department of Corrections, CCA-Crowley County Correctional Facility Contractor for CDOC Aristedes Zavaras, individually and as agent for CDOC, Dick Smelser, Warden of CCCF, i, D.Colo., November 4, 2009 George Allenkalani Dutro, Olney Springs, CO, pro se. ORDER TO DISMISS IN PART AND TO DRAW CASE TO A DISTRICT JUDGE AND TO A MAGISTRATE JUDGE ZITA L. WEINSHIENK, Senior District Judge. Plaintiff, George Allenkalini Dutro, is a prisoner in the custody of the Colorado Department of Corrections (DOC) at the Crowley County Correctional Facility in Olney Springs, Colorado. Mr. Dutro filed a pro se Prisoner Complaint pursuant to 42 U.S.C. § 1983 asserting that his rights under the United State... William ZIMMERLING, Plaintiff, v. WATERFIELD BANK, Defendant. , D.Colo., November 3, 2009 Jay J. Schnell, Donald Francis D'Antuono, Schnell & D'Antuono, Denver, CO, for Plaintiff. Daniel Ernest Friesen, Hale Friesen, LLP, Denver, CO, for Defendant. ORDER KATHLEEN M. TAFOYA, United States Magistrate Judge. This matter is before the court on "Plaintiff's Unopposed Motion to Amend Complaint" (Doc. No. 23, filed October 28, 2009). Pursuant to Fed. R. Civ. P 15(a), the court is to freely allow amendment of the pleadings "when justice so requires." The grant or denial of an oppo... Mark DUHALL, Plaintiff, v. LENNAR FAMILY OF BUILDERS, Defendant. , D.Colo., November 3, 2009 Mark Duhall, Aurora, CO, pro se. Scott L. Levin, Tammy M. Alcock, Fisher, Sweetbaum, Levin & Sands, P.C., Denver, CO, for Defendant. ORDER DENYING MOTIONS FOR POST-JUDGMENT RELIEF BLACKBURN, District Judge. This matter is before me on two motions filed by the plaintiff, which are captioned as follows: (1) To the Chief Judge, Wiley Daniel: Plaintiff's Unacceptable Motion of Judge Blackburn's Adoptation (sic) of the United States Magistrate Judge's Recommendation and Plaintiff States that ... UNITED STATES of America, Plaintiff-Respondent, v. Frederick Oluwole SOLARIN, Jr., Defendant-Movant. , D.Colo., November 3, 2009 Greg Holloway, United States Attorney's Office, Denver, CO, for Plaintiff- Respondent. Matthew C. Golla, Federal Public Defender's Office, Denver, CO, for Defendant-Movant. ORDER ADOPTING AND AFFIRMING AUGUST 31, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHRISTINE M. ARGUELLO, District Judge. Petitioner, a pro se federal inmate, is challenging his conviction. The matter is before the Court on the Magistrate Judge's August 31, 2009 Recommendation (Doc. # 161) regarding Petitio... Dawn DILLON, Plaintiff, v. TWIN PEAKS CHARTER ACADEMY, and St. Vrain Valley School District No. RE-1J, Defendants. , D.Colo., November 3, 2009 John R. Olsen, Olsen & Brown, P.C., Niwot, CO, for Plaintiff. Julie C. Tolleson, King & Greisen, LLP, Patrick B. Mooney, Semple, Miller, Mooney & Farrington, P.C., Denver, CO, for Defendants. ORDER GRANTING DEFENDANTS' MOTION FOR COSTS CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on Defendants' Motion for Costs (Doc. # 149) under Fed.R.Civ.P. 54(d)(1), which states that "costs--other than attorneys fees--should be allowed to the prevailing party." Denying costs... Susie MALBACIAS, Plaintiff, v. GROUP VOYAGERS, INC., d.b.a. Globus Family of Brands, Ann M. Flanigan, Psy.D., and Ing, Employee Benefits Disability Management Services, Defendants. , D.Colo., November 3, 2009 Susie Malbacias, Wheat Ridge, CO, pro se. Jessica L. Grether, Susan Strebel Sperber, Rothgerber Johnson & Lyons, LLP, Gillian Dale, Kevin Emmett O'Brien, Hall & Evans, LLC, Denver, CO, Bradley J. Betlach, Halleland, Lewis, Nilan & Johnson, P .A., Minneapolis, MN, for Defendants. ORDER ADOPTING RECOMMENDATION IN PART AND DISMISSING ACTION MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court pursuant to the September 28, 2009 Recommendation (# 30) of the Magistrate Judge t... UNITED STATES of America, Plaintiff, v. Matthew Preston CAULK, Defendant. , D.Colo., November 3, 2009 Philip A. Brimmer, U.S. Attorney's Office, Denver, CO, for Plaintiff. Matthew C. Golla, Office of the Federal Public Defender, Denver, CO, for Defendant. ORDER DENYING DEFENDANT'S MOTIONS TO DISMISS INDICTMENT MILLER, District Judge. This case is before me after an October 22, 2009 motions hearing and my oral ruling during that hearing on Defendant's motions to dismiss the indictment. During that hearing, I stated that I would issue a written order in addition to my oral rulings, which I... David H. ISBERG, Plaintiff, v. COLORADO DEPT. OF CORRECTIONS, name unknown, Denver State Parole, P.O. Steve Ruiz, Colorado State Parole Board, (board's name unknown), Denver Health, Merrill Carter, Fernando Kim, M.D., Boulder Sheriff's Dep't, medic, D.Colo., November 3, 2009 David H. Isberg, Boulder, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE SECOND AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, David H. Isberg, is in the custody of the Boulder County Sheriff and is currently incarcerated at the Boulder County Jail. Mr. Isberg has filed an Amended Prisoner Complaint pursuant to 42 U.S.C. § 1983. The Court must construe the Complaint liberally because Mr. Isberg is a pro se litigant. See Haines v. Kerner, 404 U.S. 519, 520-21... UNITED STATES of America, Plaintiff, v. 7. Ana Nemecia OROZCO; 8. Beatriz Munoz-Carrillo; 15. Evaristo Orosco; 16. Martha Orosco; 23. Cynthia Orosco, Defendants. , D.Colo., November 3, 2009 James R. Boma, Tonya Shotwell Andrews, U.S. Attorney's Office, Denver, CO, for Plaintiff. Donald R. Knight, Lisa Fine Moses, Knight & Moses, Littleton, CO, Peter R. Bornstein, Law Offices of Peter R. Bornstein, Richard N. Stuckey, Richard N. Stuckey, Attorney at Law, P.C., Dana M. Casper, Casper and Rodarte, LLC, Denver, CO, for Defendants. ORDER WILEY Y. DANIEL, Chief District Judge. THIS MATTER came before the Court during hearings on March 16, 2009, May 7, 2009, August 14, 2009, and ... Malachi YORK, also known as Malachi Kobina York, also known as Issa Al Haadi Al Mahdi, also known as Dwight D. York, also known as Dwight York, Applicant, v. FEDERAL BUREAU OF PRISONS, et al., Respondents. , D.Colo., November 3, 2009 Malachi York, Florence, CO, pro se. ORDER TO FILE THIRD AND FINAL AMENDED APPLICATION BOYD N. BOLAND, United States Magistrate Judge. Applicant, Malachi York, also known as Malachi Kobina York, Issa Al Haadi Al Mahdi, Dwight D. York, and Dwight York, is a prisoner in the custody of the United States Bureau of Prisons who currently is incarcerated at the United States Penitentiary, Administrative Maximum (ADX), in Florence, Colorado. On October 28 and 29, 2009, Mr. York filed pro se two ... QCE HOLDING, LLC, a Delaware limited liability company, Plaintiff, v. ACE AMERICAN INSURANCE COMPANY, a Pennsylvania corporation; Illinois Union Insurance Company, an Illinois corporation; Ace USA, Inc., a Delaware corporation, and Ace U.S. Holding, D.Colo., November 2, 2009 Alexa Roberts Salg, Bradley Aaron Levin, Thomas Leroy Roberts, Roberts Levin Rosenberg, PC, Denver, CO, for Plaintiff. Christopher S. Clemenson, Cozen & O'Connor, Denver, CO, for Defendants. ORDER OF REMAND PHILIP A. BRIMMER, District Judge. The Court takes up this matter on defendants' response ("Def.'s Resp.") [Docket No. 19] to the Court's order to show cause that the case should not be remanded due to this Court's lack of subject matter jurisdiction. [Docket No. 10] I. BACKGROUND Th... B & R PLASTICS, INC., a Colorado corporation, Plaintiff, v. KIKKERLAND DESIGN, INC., a New York domestic business corporation, Defendant. , D.Colo., November 2, 2009 Erik G. Fischer, Erik G. Fischer, LLP, William W. Cochran, Cochran, Freund & Young, LLC, Fort Collins, CO, for Plaintiff. Glenn H. Lenzen, Jr., Michael D. Murphy, Polsinelli Shughart PC, Denver, CO, for Defendant. ORDER ON MOTION TO AMEND MICHAEL E. HEGARTY, United States Magistrate Judge. Before the Court is Plaintiff's Renewed [unopposed] Motion to Amend Complaint [docket # 77]. The matter is briefed and has been referred to this Court for disposition. Oral argument will not materially... Michael L. MacGOWAN, Jr., Plaintiff, v. Peter STRAPP, individually and in his official capacity as Magistrate of the Combined Court of District 17, Adams County Colorado, Thomas Ensor, individually and in his official capacity as Reviewing Judge of, D.Colo., October 30, 2009 Michael L. MacGowan, Jr., Horseshoe Bay, TX, pro se. ORDER ADOPTING AND AFFIRMING OCTOBER 13, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on the October 13, 2009 recommendation by the Magistrate Judge that Plaintiff's Motion For Preliminary Injuncition [sic]/Petition for Temporary Protection Order/Sworn Affidavit be denied without prejudice, Plaintiff's Petition for Emergency Hearing Regarding TRO Motion be den... UNITED STATES of America, Plaintiff, v. $216,853.32 Seized From Bank One Acct. # 1200396842, and $35,063.00 Seized From Key Bank Acct. # 760160002167, Defendants. , D.Colo., October 30, 2009 Tonya Shotwell Andrews, U.S. Attorney's Office, Denver, CO, for Plaintiff. ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION PHILIP A. BRIMMER, District Judge. This matter is before the Court on the Recommendation of United States Magistrate Judge Craig B. Shaffer filed on October 2, 2009 [Docket No. 19]. The Recommendation states that objections to the Recommendation must be filed within ten days after its service on the parties. See also28 U.S.C. § 636(b)(1)(C). The Recommendation was ser... Stephen W. LENIOR, and Heather Elizabeth Lenior, husband and wife, Plaintiffs, v. UNITED STATES of America, d/b/a Evans Army Community Hospital, Ft. Carson, Colorado, American Hospital Services Group, Inc., Gayle Humm, M.D., Robert Schiermeyer, M.D, D.Colo., October 30, 2009 ORDER AFFIRMING IN PART AND REJECTING IN PART JUNE 12, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE OF UNITED STATES MAGISTRATE JUDGE CHRISTINE M. ARGUELLO, District Judge. This is a medical malpractice suit against the United States and other defendants. The matter is before the Court on the June 12, 2009 Recommendation of the Magistrate Judge that the case be dismissed for lack of subject matter jurisdiction (Doc. # 3). On June 26, 2009, Plaintiffs filed an objection to this recomm... Nicholas SYTSEMA, a minor, by and through his parents, Jack and Rebecca SYTSEMA, Plaintiff, v. ACADEMY SCHOOL DISTRICT NO. 20, Defendant. , D.Colo., October 30, 2009 Michael C. Cook, Michael C. Cook, P.C., Colorado Springs, CO, for Plaintiff. Brent Phillip Benrud, Bruce Charles Anderson, Robert I. Cohn, Stettner, Miller and Cohn, P.C., Denver, CO, for Defendant. ORDER FOR ENTRY OF JUDGMENT FOR PLAINTIFFS RICHARD P. MATSCH, Senior District Judge. Plaintiffs Jack and Rebecca Systema brought this suit on behalf of their minor son Nicholas Sytsema, claiming that the Individualized Education Plans ("IEP") developed for Nicholas by Academy School Distr... James WRIGHT, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Defendant. , D.Colo., October 30, 2009 ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff filed a motion seeking permission to supplement the final pretrial order submitted by both parties on October 23, 2009. Due to some discrepancies in what the parties believe to be the instances giving rise to Plaintiff's bad faith claim, Plaintiff wishes to supplement his statement of claims to specifically include allegations that Defendant committed bad faith when it underpaid wage benefits from January 2004 to January 2007 and when it unre... James WRIGHT, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Defendant. , D.Colo., October 30, 2009 Jennifer E. Bisset, Bisset Law Firm, Englewood, CO, Robert Joseph Hommel, Robert J. Hommel, P.C., Scottsdale, AZ, for Plaintiff. Brian John Spano, Hilary Dawn Wells, Rothgerber Johnson & Lyons, LLP, Denver, CO, for Defendant. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Defendant filed the present motion seeking to preclude any testimony or evidence during trial concerning Plaintiff's post-surgery medical condition or any damages that he attributes to his post-surgery ... James WRIGHT, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Defendant. , D.Colo., October 30, 2009 Jennifer E. Bisset, Bisset Law Firm, Englewood, CO, Robert Joseph Hommel, Robert J. Hommel, P.C., Scottsdale, AZ, for Plaintiff. Brian John Spano, Hilary Dawn Wells, Rothgerber Johnson & Lyons, LLP, Denver, CO, for Defendant. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff filed the present motion requesting that the Court prohibit Defendant from re-litigating matters that were either determined by Administrative Law Judges (ALJ) in the context of Plaintiff's un... James WRIGHT, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Defendant. , D.Colo., October 30, 2009 Jennifer E. Bisset, Bisset Law Firm, Englewood, CO, Robert Joseph Hommel, Robert J. Hommel, P.C., Scottsdale, AZ, William C. Marlin, Coppola & Marlin, P.C., Denver, CO, for Plaintiff. Brian John Spano, Hilary Dawn Wells, Rothgerber Johnson & Lyons, LLP, Denver, CO, for Defendant. MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Defendant filed the present motion requesting that the Court preclude the admission of Dr. Craig Fredericks' deposition testimony which was taken i... James WRIGHT, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Defendant. , D.Colo., October 29, 2009 MEMORANDUM OPINION AND ORDER ROBIN J. CAUTHRON, District Judge. Defendant filed the present motion requesting that the Court exclude the deposition testimony of Charles Wahl, which was taken in connection with an Arizona case involving a different plaintiff. (See Houle v. Liberty Mutual Insurance Co., Superior Court, State of Arizona, Maricopa County, No. CV 2004-003452.) During his deposition, Mr. Wahl testified at length about a number of documents collectively referred to as the "McKinsey ... James WRIGHT, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Defendant. , D.Colo., October 29, 2009 Jennifer E. Bisset, Bisset Law Firm, Englewood, CO, Robert Joseph Hommel, Robert J. Hommel, P.C., Scottsdale, AZ, for Plaintiff. Brian John Spano, Hilary Dawn Wells, Rothgerber Johnson & Lyons, LLP, Denver, CO, for Defendant. ORDER ROBIN J. CAUTHRON, District Judge. Plaintiff filed the present motion requesting that the Court prohibit Defendant from introducing at trial any evidence of Plaintiff's 2006 claim for a low back injury sustained on the job. According to Plaintiff, such evidenc... James WRIGHT, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE CO., Defendant. , D.Colo., October 29, 2009 Frank W. Coppola, William C. Marlin, Coppola & Marlin, P.C., Denver, CO, Jennifer E. Bisset, Bisset Law Firm, Englewood, CO, Robert Joseph Hommel, Robert J. Hommel, P.C., Scottsdale, AZ, for Plaintiff. Brian John Spano, Hilary Dawn Wells, Rothgerber Johnson & Lyons, LLP, Denver, CO, for Defendant. ORDER ROBIN J. CAUTHRON, District Judge. Defendant filed a motion to exclude certain portions of the deposition testimony endorsed by Plaintiff. The Court finds as follows: (A) Deposition T... JORDAN-ARAPAHOE, LLP, a Colorado limited liability partnership, Jacob Mazin Company, Inc., a Colorado Corporation, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, Colorado, Defendant. , D.Colo., October 29, 2009 John William Madden, III, The Madden Law Firm, Wayne B. Schroeder, Jamie N. Cotter, Grimshaw & Harring, P.C, Denver, CO, for Plaintiffs. Thomas W. McNish, Ronald Alan Carl, Littleton, CO, for Defendant. ORDER PHILIP A. BRIMMER, District Judge. This matter comes before me on plaintiffs' motion to alter judgment ("Mot. to Alter J.") [Docket No. 34] and motion for leave to file an amended complaint ("Mot. to Am.") [Docket No. 33]. Plaintiffs failed to comply with Local Rule of Practice 7.... Michael WHITINGTON, Plaintiff, v. Don LAWSON; Al Estep; Sgt. Harding; Sgt. Olsen; C/O Barns; Lt. John Cordova; Lt. Adelman; Sgt. Kauffman; Lt. Lucero-Cannon; Sgt. Huff; and Aristedes Zavaras; Defendants. , D.Colo., October 29, 2009 Michael Whitington, Sterling, CO, pro se. James Xavier Quinn, Colorado Attorney General's Office, Denver, CO, for Defendants. ORDER LEWIS T. BABCOCK, Judge. This prisoner mistreatment case is before me on Defendants' Objections to Magistrate's Recommendation [Docket # 221]. Pursuant to 28 U.S.C. § 636(b)(1), I conducted de novo review of the facts, law, and objections to the recommendation. The underlying motion and objections to the Magistrate's recommendation are adequately briefed and... Edward C. REN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Colo., October 29, 2009 ORDER LEWIS T. BABCOCK, District Judge. Plaintiff, Edward C. Ren, appeals the final decision of Michael J. Astrue, Commissioner of Social Security, denying his application for Social Security Disability benefits and Supplemental Security Income benefits. Following a May 9, 2007, hearing, the Administrative Law Judge ("ALJ") issued an unfavorable decision on May 29, 2007. The Appeals Council denied Plaintiff's request for review of the ALJ's decision, thus making it the Commissioner's final de... Carol J. TENNISON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Colo., October 29, 2009 Charles Edward Binder, Harry J. Binder & Charles E. Binder, P.C., New York, NY, for Plaintiff. Debra J. Meachum, Social Security Administration, Denver, CO, for Defendant. ORDER AFFIRMING ADMINISTRATIVE LAW JUDGE'S DECISION CHRISTINE M. ARGUELLO, District Judge. I. OVERVIEW This is a social security benefits appeal brought under 42 U.S.C. § 405(g). Plaintiff Carol J. Tennison ("Plaintiff") challenges the final decision of Defendant, the Commissioner of Social Security ("Commissioner"), de... Rebecca HAMMETT, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. , D.Colo., October 29, 2009 Todd A. Travis, Todd A. Travis, P.C., Englewood, CO, for Plaintiff. Franklin D. Patterson, Patterson, Nuss & Seymour, P.C., Greenwood Village, CO, for Defendant. ORDER REMANDING CASE TO STATE COURT PHILIP A. BRIMMER, District Judge. This removed insurance case is before the Court on defendant State Farm Mutual Automobile Insurance Company's notice of removal [Docket No. 1] and plaintiff Rebecca Hammett's motion to remand [Docket No. 3]. Because plaintiff has failed to comply with Local R... Karen S. DEGENHART, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , D.Colo., October 28, 2009 Karen S. Degenhart, Idaho Springs, CO, pro se. Kevin Thomas Traskos, U.S. Attorney's Office, Thomas Henry Kraus, Social Security Administration-OGC, Denver, CO, for Defendant. ORDER PHILIP A. BRIMMER, District Judge. This matter comes before the Court on plaintiff Karen S. Degenhart's Complaint [Docket No. 5] filed February 4, 2008. Plaintiff, who represents herself in this appeal, seeks review of the final decision of defendant Michael J. Astrue (the "Commissioner") denying plaintiff's ... Theresa L. KOSAK, Plaintiff, v. CATHOLIC HEALTH INITIATIVES OF COLORADO, Defendant. , D.Colo., October 28, 2009 James A. Carleo, James A. Carleo, Attorney at Law, Pueblo, CO, for Plaintiff. Mark L. Sabey, Neil L. Arney, Peter Andrew Sabey, Kutak Rock, LLP, Denver, CO, for Defendants. OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT CHRISTINE M. ARGUELLO, District Judge. This is an employment discrimination lawsuit brought pursuant to the Age Discrimination in Employment Act, 29 U.S.C. § 621 ("ADEA"), and the Family and Medical Leave Act, 29 U.S.C.A. § 2615(a)(1) ("FMLA"). Plainti... Wellman GIBSON, Plaintiff, v. Aristedes W. ZAVARAS, et al., Sgt. Verena Pacheco, and Warden Hartley, Defendant(s). , D.Colo., October 28, 2009 ORDER KRISTEN L. MIX, United States Magistrate Judge. This matter is before the Court on Plaintiff's Request for Appointment of Counsel [Docket No. 5; Filed September 30, 2009] ("Motion for Counsel"); and Motion to Add Defendants [Docket No. 14; Filed October 19, 2009] ("Motion to Amend"). IT IS HEREBY ORDERED that the Motion for Counsel [# 5] is DENIED as set forth below. The Court does not have the power to appoint an attorney without the attorneys' consent, Mallard v. United States D... Anthony Ray MARTINEZ, Plaintiff, v. Denver Deputy Sheriff, David O. MARTINEZ (in his official and individual capacity), Defendant. , D.Colo., October 27, 2009 Anthony Ray Martinez, Denver, CO, pro se. Thomas G. Bigler, Denver City Attorney's Office, Denver, CO, for Defendant. RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE BOYD N. BOLAND, United States Magistrate Judge. This matter arises on the plaintiff's Motion to Request Order for Protection [Doc. # 148, filed 06/10/2009] (the "Motion"). I construe the Motion as seeking an injunction, and I respectfully RECOMMEND that it be DENIED. The plaintiff is currently incarcerated in the medical... CBS Quinn McKenzie JEBE, Applicant, v. TRAVIS Trani, Warden, Limon Correctional Facility, Respondent. , D.Colo., October 27, 2009 Quinn Mckenzie Jebe, Limon, CO, pro se. ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION PHILIP A. BRIMMER, District Judge. This matter is before the Court on the Recommendation of United States Magistrate Judge Craig B. Shaffer filed on September 29, 2009 [Docket No. 18]. The Recommendation states that objections to the Recommendation must be filed within ten days after its service on the parties. See also28 U.S.C. § 636(b)(1)(C). The Recommendation was served on September 29, 2009. No pa... Randy E. KEYES, Plaintiff, v. J.M. WILNER, Warden, FCI-Florence, et al., Dr. Krick, Staff Psychiatrist, DAP Coordinator, and J. Stucks, Drug Treatment Specialist (DTS), Defendants. , D.Colo., October 27, 2009 Randy E. Keyes, Florence, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Randy E. Keyes, is a prisoner in the custody of the United States Bureau of Prisons at the Federal Correctional Institution in Florence, Colorado. Mr. Keyes has filed pro se a Prisoner Complaint asserting statutory and constitutional claims pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The ... Virginia C. JAMES-SCOTT, Plaintiff, v. Jimmy Snoddy MARTIN, and Timia Jacobs Snoddy Martin, Spouse, Defendants. , D.Colo., October 27, 2009 Virginia C. James-Scott, Denver, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Virginia C. James-Scott, has filed pro se a Complaint. The court must construe the Complaint liberally because Ms. James-Scott is not represented by an attorney. SeeHaines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.1991). However, the court should not be an advocate for a pro se litigant. S... Ernest BREWER, Plaintiff, v. Robert CANTWELL, Defendant. , D.Colo., October 27, 2009 Ernest Brewer, Sterling, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Ernest Brewer, is in the custody of the Colorado Department of Corrections and currently is incarcerated at the Sterling, Colorado, Correctional Facility. Mr. Brewer, acting pro se, filed a Prisoner Complaint pursuant to 42 U.S.C. § 1983 alleging that his rights under the United States Constitution have been violated. The Court must construe... Eric Christopher PROVENCIO, Plaintiff, v. Y. FETTERHOFF, Defendant. , D.Colo., October 27, 2009 Eric Christopher Provencio, Florence, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Eric Christopher Provencio, is a prisoner in the custody of the United States Bureau of Prisons who currently is incarcerated at the United States Penitentiary, Administrative Maximum, in Florence, Colorado. On October 5, 2009, Mr. Provencio filed a pro se Complaint pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau o... MEDCORP, INC., an Ohio corporation, Plaintiff, v. PINPOINT TECHNOLOGIES, INC., a Delaware corporation, and Zoll Data Systems, Inc., a Delaware corporation, Defendants. , D.Colo., October 26, 2009 Douglas B. Burda, John Scott Burris, Gibson Lowry Burris, LLP, Steven A. Gibson, Clary Gibson Lowry, LLP, Las Vegas, NV, for Plaintiff. Jacqueline T. Harlow, James Gordon Sawtelle, Katie R. Schwalb, Faegre & Benson, LLP, Denver, CO, Mary Virginia Sooter, Faegre & Benson, LLP, Boulder, CO, for Defendants. ORDER BY SPECIAL MASTER DENYING MEDCORP'S MOTION AND MEMORANDUM FOR SANCTIONS AGAINST ZOLL KEVIN D. ALLEN, Special Master. This matter comes before the Special Master on Medcorp's Combin... Steven Mark ST. JAMES, Applicant, v. Aristedes W. ZAVARAS, and John W. Suthers, The Attorney General of the State of Colorado, Respondents. , D.Colo., October 26, 2009 Steven Mark St. James, Fort Lyon, CO, pro se. Christopher Yannis Bosch, Colorado Attorney General's Office, Denver, CO, for Respondents. ORDER TO AMEND BOYD N. BOLAND, United States Magistrate Judge. Applicant, Steven Mark St. James, is a prisoner in the custody of the Colorado Department of Corrections and currently is incarcerated at the Fort Lyon, Colorado, Correctional Facility. Mr. St. James, acting pro se, initiated this action by filing an Application for a Writ of Habeas Corp... Ida May LAMBIASE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Colo., October 26, 2009 Patrick C.H. Spencer, II, Spencer & Spencer P.C., Colorado Springs, CO, for Plaintiff. Kevin Thomas Traskos, U.S. Attorney's Office, Debra J. Meachum, Stephanie Lynn Fishkin Kiley, Social Security Administration, Denver, CO, for Defendant. ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT PHILIP A. BRIMMER, District Judge. This matter comes before the Court on defendant Commissioner of Social Security's ("Commissioner") motion to alter or amend the judgment in this case pursuant to Federa... UNITED STATES of America, v. Eladio BELTRAN-LOPEZ, also known as Eladio Lopez Beltran, Movant. , D.Colo., October 26, 2009 Eladio Beltran-Lopez, pro se. ORDER WILEY Y. DANIEL, Chief Judge. This Matter is before the Court on the pro se Petition for Reconsideration filed by Movant Eladio Beltran-Lopez, also known as Eladio Lopez Beltran, filed on April 24, 2009[# 82], and Movant's Amended Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255, filed on April 10, 2009[# 81]. In the Petition for Reconsideration, Movant seeks reconsideration of my April 8, 2009, order denying his first mot... BENEFICIAL LIVING SYSTEMS, INC., a Colorado non-profit corporation, Plaintiff, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation, Defendant. , D.Colo., October 26, 2009 James A. Cederberg, Cederberg Law Firm, P.C., Boulder, CO, for Plaintiff. Robert W. Nelms, Cannon & Nelms, P.C., Santa Ana, CA, Andrew Alan Scott, Walberg Tucker & Holmes, P.C., Centennial, CO, for Defendant. ORDER LEWIS T. BABCOCK, Judge. This matter is before me on a Motion to Preclude Plaintiff's Claim for Business Interruption Loss [Doc # 41] filed by Defendant, American Casualty Company of Reading, Pennsylvania ("American Casualty"), in which it seeks an order barring the Plaint... MEDCORP, INC., an Ohio corporation, Plaintiff, v. PINPOINT TECHNOLOGIES, INC., a Delaware corporation, and Zoll Data Systems, Inc., a Delaware corporation, Defendants. , D.Colo., October 23, 2009 ORDER DENYING MEDCORP'S MOTION AND MEMORANDUM TO DE-DESIGNATE DEFENDANTS' DOCUMENTS IMPROPERLY DESIGNATED AS CONFIDENTIAL KEVIN D. ALLEN, Special Master. This matter comes before the Special Master on Plaintiff Medcorp's Motion and Memorandum to De-Designate Defendants' Documents Improperly Designated as Confidential (Docket No. 116) ("Motion to De-Designate") filed by Medcorp on July 15, 2009. Pursuant to the Minute Order of Magistrate Judge Kristen L. Mix entered on July 16, 2009 (Docket No... Russell J. JOHNSON and Jennifer Johnson, Plaintiffs, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Wisconsin corporation, Defendant. , D.Colo., October 23, 2009 Ross B.H. Buchanan, Buchanan Law Firm, LLC, Denver, CO, for Plaintiffs. Hilary Dawn Wells, Brian John Spano, Rothgerber Johnson & Lyons, LLP, Denver, CO, for Defendant. ORDER REGARDING PLAINTIFF'S MOTION TO COMPEL (DOCKET NO. 75) MICHAEL J. WATANABE, United States Magistrate Judge. This matter is before the court on Defendant's Motion to Compel Plaintiff's Production of Documents (docket no. 75). The court has reviewed the subject motion (docket no. 75), the Defendant's Supplement to the... H & H TRANSFORMER, INC., a Colorado corporation, Plaintiff, v. BATTELLE ENERGY ALLIANCE, L.L.C., a Delaware limited liability company doing business in Colorado, Defendant. , D.Colo., October 23, 2009 Michael H. Wussow, Stigler Wussow Braverman, Ltd., Boulder, CO, for Plaintiff. Timothy Ryan Odil, McKenna Long & Aldridge, LLP, Denver, CO. ORDER ON MOTION TO DISMISS WILEY Y. DANIEL, Chief District Judge. THIS MATTER is before the Court on Defendant Battelle Energy Alliance, LLC's ["BEA"] Motion to Dismiss or to Transfer Venue, filed on March 20, 2009. This motion seeks dismissal of the case pursuant to Fed.R.Civ.P. 12(b)(3) based on a subcontract at issue in the case which contains an... Jacob Daniel OAKLEY, Plaintiff, v. Susan JONES, Warden CSP, Aristredez Zavaras, Exec. Dir., D.O.C., Step One Hearing Officer, Grievance Board, CSP, Officer John or Jane Doe # 1, Grievance Board, CSP, Officer John or Jane Doe # 2, Grievance Board, C, D.Colo., October 23, 2009 Jacob Daniel Oakley, Canon City, CO, pro se. ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT BOYD N. BOLAND, United States Magistrate Judge. Plaintiff, Jacob Daniel Oakley, is in the custody of the Colorado Department of Corrections (DOC) and currently is incarcerated at the Colorado State Penitentiary in Canon City, Colorado. Mr. Oakley has filed a Prisoner Complaint pursuant to 42 U.S.C. § 1983. The Court must construe the Complaint liberally because Mr. Oakley is a pro se litigant. S... Ricky MERTES, Plaintiff, v. Maria BERKENKOTTER, Roxanne Balin, Colorado 20th Judicial District, State of Colorado, Colorado Court of Appeals, Colorado Judicial Performance, Colorado Bar Association, Dr. Edith Isreal, Ira Greschler, and Brian Durnwi, D.Colo., October 23, 2009 Ricky Mertes, Windsor, CO, pro se. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Plaintiff, Ricky Mertes, currently resides in Windsor, Colorado. Mr. Mertes initiated this action by filing a pro se Complaint. On August 27, 2009, Magistrate Judge Boyd N. Boland ordered Mr. Mertes to file an Amended Complaint on the proper form. Mr. Mertes filed an Amended Complaint on September 17, 2009, and a Second Amended Complaint on September 28, 2009. The Court must construe the Sec... Ingmar GILLON, Plaintiff, v. BUREAU OF PRISONS, and Federal Correctional Institution-Florence, Defendants. , D.Colo., October 23, 2009 Ingmar Gillon, Florence, CO, pro se. Timothy Bart Jafek, U.S. Attorney's Office, Denver, CO, for Defendants. ORDER ON MOTION TO ALTER OR AMEND JUDGMENT MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court on Plaintiff Ingmar Gillon's (Third) Motion to Alter or Amend Judgment with Exhibit A (# 106), to which Defendants responded (# 107), and Mr. Gillon replied (# 108). Having considered the same, the Court FINDS and CONCLUDES that On February 7, 2008, the Court issu... Manuel S. TOVAR, Plaintiff, v. Weld County Sheriff John COOKE, John Doe, County Commissioners, and Jane Doe, County Commissioners, Defendants. , D.Colo., October 23, 2009 Manuel S. Tovar, Greeley, CO, pro se. ORDER DENYING MOTION TO RECONSIDER ZITA L. WEINSHIENK, Senior District Judge. Plaintiff, Manuel S. Tovar, is in the custody of Weld County Sheriff and is currently incarcerated in the Weld County Jail. Mr. Tovar filed a letter to the Court on October 9, 2009. The Court must construe the pleading liberally because Mr, Tovar is a pro se litigant. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.1991). T... Stanley HELKEY, Applicant, v. Hoyt BRILL, K.C.C.C., and The Attorney General of the State of Colorado, Respondents. , D.Colo., October 23, 2009 Stanley Helkey, Burlington, CO, pro se. Matthew S. Holman, Colorado Attorney General's Office, Denver, CO, for Respondents. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. Applicant Stanley Helkey is a prisoner in the custody of the Colorado Department of Corrections at the Kit Carson Correctional Center in Burlington, Colorado. Mr. Helkey initiated this action by filing pro se an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the valid... David DURAN, Applicant, v. Kevin MILYARD, and The Attorney General of the State of Colorado, Respondents. , D.Colo., October 23, 2009 David Duran, Sterling, CO, pro se. John D. Seidel, Colorado Attorney General's Office, Denver, CO, for Respondents. ORDER OF DISMISSAL ZITA L. WEINSHIENK, Senior District Judge. I. Background Applicant David Duran is a prisoner in the custody of the Colorado Department of Corrections at the Sterling, Colorado, Correctional Facility. Mr. Duran, acting pro se, initiated this action by filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 challenging the validit... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com