Case: Epps v. City and County of Denver

1:20-cv-01878 | U.S. District Court for the District of Colorado

Filed Date: June 25, 2020

Case Ongoing

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Case Summary

This lawsuit was filed on June 25, 2020, in the U.S. District Court for the District of Colorado. The suit responded to police tactics used on protesters in May and June of 2020, after police killed George Floyd. Represented by private counsel (Arnold & Porter Kaye Scholer, LLP) and ACLU attorneys, plaintiffs in this case were Black Lives Matter 5280, a Denver-based chapter of Black Lives Matter, and nine individual plaintiffs. They brought this suit against the city and county of Denver, offic…

The plaintiffs alleged that the city and state police used a number of less-lethal weapons on them as they were peacefully protesting, including but not limited to tear gas, smoke canisters, rubber bullets, foam bullets, pepper balls, flash bang and rubber-pellet grenades, and pepper spray. According to the plaintiffs, these actions constituted various constitutional violations. They alleged that the defendants violated the plaintiffs' rights to free speech, free assembly, and freedom to petition under the First Amendment. The plaintiffs also alleged that defendants' actions violated the Fourth and Fourteenth Amendments' prohibitions on unreasonable seizures and excessive use of force. The plaintiffs sought declaratory relief stating that defendants' actions were illegal, injunctive relief to prohibit defendants from engaging in the same behavior, and compensatory and punitive money damages. They also sought costs and attorney's fees.

The case was assigned to Magistrate Judge Michael E. Hegarty. However, on July 31 the case was reassigned to Judge R. Brooke Jackson.

Several days later, the Court ordered that this case and a related case, Cruz v. County of Denver, be consolidated. The actions were consolidated under this docket.

On October 28, 2020, the Court consolidated another recently filed case—Acker v. City and County of Denver—with this case. In Acker, filed on October 22, 2020, another individual who participated in protests in Denver following the death of George Floyd sued the City and County of Denver, the Denver Chief of Police, and five Denver police officers under 42 U.S.C. § 1983. He alleged that while assisting other protesters who had just been pepper-sprayed and hit with projectiles, he was hit with a 40mm round in the eye. Similar to the complaint in this case, the individual alleged that the defendants violated his rights to free speech and free assembly under the First Amendment, unlawfully retaliated against him for exercising his First Amendment rights, and used excessive force in violation of the Fourth and Fourteenth Amendment.

On June 28, 2021, the court granted in part plaintiffs' motion for class certification. 338 F.R.D. 506. Although the court denied certification for the "direct force" class (which hoped to consist of people subjected to excessive force, but now plaintiffs must proceed individually), the court did certify the Arrest Class. The Arrest Class consisted of "[p]rotesters who, between May 30 and June 5, 2020, were arrested for violation of D.R.M.C. 1-13 (emergency curfew) or D.R.M.C. 38-31(c) (failure to obey lawful order) and were not charged with any other violations, and whose charges were dismissed."

On the same day the court granted class certification in part, it severed plaintiff Acker from the action. The court also granted plaintiffs Black Lives Matter 5280's and Apryl Alexander's motion to withdraw from the action. The case caption was updated to Epps v. City and County of Denver. The new mix of plaintiffs filed a second amended class action complaint September 15, 2021, removing allegations regarding Acker and Black Lives Matter 5280. Loevy & Loevy joined this litigation in representing the plaintiffs when the second amended complaint was filed.

A few months later, on November 23, 2021, plaintiffs filed a third amended class action complaint that added two deputies from Jeffco and the City of Aurora as defendants. But the Jeffco defendants were granted summary judgment on February, 22, 2022. 2022 WL 523431.

On March 1, 2022, the court ruled on another motion for summary judgment filed by the defendants. 588 F.Supp.3d 1164. Although it granted summary judgment on two counts, the court found that the majority of plaintiffs claims presented a genuine dispute of material fact. Nonetheless, the court granted defendants' motion for summary judgment as to a single deputy and the class action fourth amendment claim.

After a three-week trial the non-class claims, a jury found for the plaintiffs on all counts and awarded $14 million in damages on March 25, 2022. The verdict found the city of Denver responsible for DPD's First and Fourth Amendment violations against protestors. The court entered this judgement on April 15.

This case is on-going pending a trial for the Arrest Class. A five-day trial was set to commence on April 24, 2023.

On May 13, 2022, the defendants filed motions for judgment as a matter of law, or a new trial, or remittitur. On September 19, 2022, the court denied the motion as to defendant Denver and granted in part as to defendant Jonathan Christian, an individual defendant. The court did not find merit in any of the arguments that the defendant Denver put forth. The court did find that remittitur was appropriate as to the punitive damages awarded against defendant Christian. The court found the punitive damages excessive because defendant Christian had caused minimal damage to plaintiff Epps in light of the other injuries she suffered and so $250,000 in punitive damages was deemed excessive. The court remitted the award to $50,000.

On September 23, 2022, the court granted in part and denied in part the motion for summary judgment brought by the Aurora defendants. The motion was only granted as to the claims against Sergeant Brukbacher, Mr. Packard and Mr. Duran’s First Amendment claims, and the plaintiffs’ failure to intervene claims. The claims against Sergeant Brukbacher were dismissed because there was no dispute of material fact that this defendant had been involved in the shooting of one of the plaintiffs. The First Amendment claims were dismissed because the plaintiffs’ argument that the kicking of the tear gas canister away was a form of protest protected under the First Amendment was not valid. Lastly the failure to intervene claims were dismissed because the plaintiffs had failed to specify which individual defendants were at fault for failing to intervene. 2022 WL 21727363.

On October 13, 2022, the plaintiffs filed notice that they accepted the remittance of damages.

On October 24, 2022, the defendants who weren’t granted summary judgment appealed the court’s September 23 order.

On December 30, 2022, the court awarded the Fitouri plaintiffs $1,193,071 in attorney’s fees, $22,713.16 in costs, and no prejudgment interest. The Court awarded the Epps plaintiffs $1,663,232 in attorney’s fees, $72,345.90 in costs, and no prejudgment interest with the exception that it awarded prejudgment interest to plaintiff Zachary Packard on the $181,000 economic damage component of his damages at the applicable federal post-judgment rate from May 31, 2020 to the date when the Court entered its final judgment.

On August 29, 2023, the Curfew Arrest Class plaintiffs filed a motion for preliminary approval of their settlement agreement with the city of Denver. In the agreement the city agreed to pay a total of $4,720,000.00. The court granted the motion the next day. On October 10, 2023, the same plaintiffs filed a motion for attorneys fees.

On November 14, 2023, the Tenth Circuit Court of Appeals affirmed the district court’s order on the motion for summary judgment. 86 F.4th 859.

On November 20, 2023, the court granted final approval of the settlement agreement.

As of December 15, 2023, this case was ongoing.

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Summary Authors

Jack Hibbard (9/29/2020)

Emily Kempa (1/2/2021)

Jordan Katz (3/28/2022)

Jordan Katz (4/28/2022)

Rhea Sharma (1/11/2024)

Cruz v. Denver, District of Colorado (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17303158/parties/epps-v-city-and-county-of-denver/

Judge(s)

Attorney for Plaintiff

Allison, Reid (Colorado)

Anderson, Robert Reeves (Colorado)

Aro, Edwin P. (Colorado)

Bailey, Leslie C. (District of Columbia)

Attorney for Defendant

Expert/Monitor/Master/Other

Baumgartner, Stephen B. (Colorado)

Judge(s)

Jackson, Richard Brooke (Colorado)

Attorney for Plaintiff

Allison, Reid (Colorado)

Anderson, Robert Reeves (Colorado)

Aro, Edwin P. (Colorado)

Bailey, Leslie C. (District of Columbia)

Custer, Kathleen K. (Colorado)

DiBrell, Mollie (District of Columbia)

Douglas, Matthew (Colorado)

Gorin, Mindy Amanda (New York)

Havriliak, Anya Amalia (Colorado)

Herzberg, Arielle Kay (Colorado)

Hilke, Wallace B. (Colorado)

Macdonald, Timothy R. (Colorado)

McNulty, Andrew (Colorado)

Mijares-Shafai, Gerardo (District of Columbia)

Moffett, Andreas E. (Virginia)

Neel, Sara R. (Colorado)

O'Brien, Colin Michael (Colorado)

Owens, David B. (Colorado)

Poole, Jordan Cosby (Colorado)

Reidy, Patrick Conor (Illinois)

Rutahindurwa, Makeba (Colorado)

Sebba, Michael J. (New York)

Silverstein, Mark (Colorado)

Sterk, Diana K. (Colorado)

Thompson, Tara Elizabeth (Illinois)

Twetten, Daniel Moore (Colorado)

Wang, Elizabeth C. (Colorado)

Williams, Brian Mark (Colorado)

Attorney for Defendant

Beasley, Kevin (Colorado)

Bender, Rachel (Colorado)

Birkholz, Hollie Renee (Colorado)

Butler, Eric Thomas (Colorado)

Cochran, Christopher (Colorado)

Colorado, City and (Colorado)

Cooper, Jonathan K. (Colorado)

Cooperstein, David Charles (Colorado)

Davis, M. (Colorado)

Esq., Andrew David

Esq., Heidi J.

Evans, Isabelle Sabra (Colorado)

Fahlsing, Gillian Marie (Colorado)

Goddard, David M. (Colorado)

Hoffman, Katherine (Colorado)

Hogan, Paul (Colorado)

Hugdahl, Heidi J. (Colorado)

Huss, Robert Charles (Colorado)

Jordan, Lindsay Michelle (Colorado)

Jossi, Heather R. (Colorado)

Kelliher, Ashley McCall (Colorado)

Klymkowsky, Rebecca Philana (Colorado)

Kuhlman, Heather Dawn (Colorado)

Lowe, Michael Turner (Colorado)

Moldenhauer, Zachary (Colorado)

Morales, Peter Ruben (Colorado)

Nielsen, Andrew (Colorado)

Novotny, Chelsea (Colorado)

Ringel, Andrew David (Colorado)

Vaporis, Jacob (Colorado)

Velasquez, Jacqueline A. (Colorado)

Weiner, Robert Alan (Colorado)

Expert/Monitor/Master/Other

Baumgartner, Stephen B. (Colorado)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-01878	Docket [PACER] Black Lives Matter 5280 v. Denver	Oct. 15, 2021	Oct. 15, 2021 Docket
1 1:20-cv-01878	Complaint Black Lives Matter 5280 v. City and County of Denver	June 25, 2020	June 25, 2020 Complaint
127 1:20-cv-01878	Order on Fitouri Plaintiffs' Motion for Class Certification Black Lives Matter 5280 v. City and County of Denver	June 28, 2021	June 28, 2021 Order/Opinion 338 F.R.D. 506
1:20-cv-01878	Expert Report of Norman Stamper	July 29, 2021	July 29, 2021 Monitor/Expert/Receiver Report
1:20-cv-01878	Expert Report of Dr. Edward R. Maguire	Aug. 2, 2021	Aug. 2, 2021 Monitor/Expert/Receiver Report
153 1:20-cv-01878	Second Amended Class Action Complaint and Jury Demand Fitouri v. City and County of Denver	Sept. 15, 2021	Sept. 15, 2021 Pleading / Motion / Brief
178 1:20-cv-01878	First Amended Complaint	Oct. 19, 2021	Oct. 19, 2021 Complaint
219 1:20-cv-01878	Third Amended Class Action Complaint and Jury Demand Fitouri v. City and County of Denver	Nov. 23, 2021	Nov. 23, 2021 Complaint
1:20-cv-01878	Rebuttal Expert Report of Dr. Edwards R. Maguire	Dec. 21, 2021	Dec. 21, 2021 Monitor/Expert/Receiver Report
1:20-cv-01878	Rebuttal Expert Report of Norman Stamper	Dec. 22, 2021	Dec. 22, 2021 Monitor/Expert/Receiver Report

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Resources

Title	Description		External URL Date / External URL
Denver protest class action lawsuit	A class action lawsuit has been filed in federal court in Denver alleging that, during the protests in Denver in May and June 2020, the Denver police wrongfully arrested protestors for violation of t…		https://web.archive.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17303158/epps-v-city-and-county-of-denver/

Last updated Dec. 16, 2024, 11:48 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-7357861)Attorney Timothy R. Macdonald added to party Apryl Alexander(pty:pla), Attorney Timothy R. Macdonald added to party Black Lives Matter 5280(pty:pla), Attorney Timothy R. Macdonald added to party Amanda Blasingame(pty:pla), Attorney Timothy R. Macdonald added to party Elisabeth Epps(pty:pla), Attorney Timothy R. Macdonald added to party Cidney Fisk(pty:pla), Attorney Timothy R. Macdonald added to party Hollis Lyman(pty:pla), Attorney Timothy R. Macdonald added to party Zach Packard(pty:pla), Attorney Timothy R. Macdonald added to party Phillip Rothlein(pty:pla), Attorney Timothy R. Macdonald added to party Stanford Smith(pty:pla), Attorney Timothy R. Macdonald added to party Ashlee Wedgeworth(pty:pla), filed by Phillip Rothlein, Elisabeth Epps, Zach Packard, Cidney Fisk, Apryl Alexander, Hollis Lyman, Ashlee Wedgeworth, Black Lives Matter 5280, Stanford Smith, Amanda Blasingame. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Macdonald, Timothy) (Entered: 06/25/2020) 1 Summons View on RECAP 2 Civil Cover Sheet View on RECAP	June 25, 2020	June 25, 2020 RECAP
2	CORPORATE DISCLOSURE STATEMENT. (Macdonald, Timothy) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 RECAP
3	NOTICE OF CASE ASSOCIATION by Timothy R. Macdonald on behalf of All Plaintiffs (Macdonald, Timothy) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 RECAP
4	NOTICE of Entry of Appearance of Mark Silverstein by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Apryl Alexander(pty:pla), Attorney Mark Silverstein added to party Black Lives Matter 5280(pty:pla), Attorney Mark Silverstein added to party Amanda Blasingame(pty:pla), Attorney Mark Silverstein added to party Elisabeth Epps(pty:pla), Attorney Mark Silverstein added to party Cidney Fisk(pty:pla), Attorney Mark Silverstein added to party Hollis Lyman(pty:pla), Attorney Mark Silverstein added to party Zach Packard(pty:pla), Attorney Mark Silverstein added to party Phillip Rothlein(pty:pla), Attorney Mark Silverstein added to party Stanford Smith(pty:pla), Attorney Mark Silverstein added to party Ashlee Wedgeworth(pty:pla) (Silverstein, Mark) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 RECAP
5	NOTICE of Entry of Appearance Sara R. Neel by Sara R. Neel on behalf of All Plaintiffs Attorney Sara R. Neel added to party Apryl Alexander(pty:pla), Attorney Sara R. Neel added to party Black Lives Matter 5280(pty:pla), Attorney Sara R. Neel added to party Amanda Blasingame(pty:pla), Attorney Sara R. Neel added to party Elisabeth Epps(pty:pla), Attorney Sara R. Neel added to party Cidney Fisk(pty:pla), Attorney Sara R. Neel added to party Hollis Lyman(pty:pla), Attorney Sara R. Neel added to party Zach Packard(pty:pla), Attorney Sara R. Neel added to party Phillip Rothlein(pty:pla), Attorney Sara R. Neel added to party Stanford Smith(pty:pla), Attorney Sara R. Neel added to party Ashlee Wedgeworth(pty:pla) (Neel, Sara) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 RECAP
6	NOTICE of Entry of Appearance of Arielle K. Herzberg by Arielle Kay Herzberg on behalf of All Plaintiffs Attorney Arielle Kay Herzberg added to party Apryl Alexander(pty:pla), Attorney Arielle Kay Herzberg added to party Black Lives Matter 5280(pty:pla), Attorney Arielle Kay Herzberg added to party Amanda Blasingame(pty:pla), Attorney Arielle Kay Herzberg added to party Elisabeth Epps(pty:pla), Attorney Arielle Kay Herzberg added to party Cidney Fisk(pty:pla), Attorney Arielle Kay Herzberg added to party Hollis Lyman(pty:pla), Attorney Arielle Kay Herzberg added to party Zach Packard(pty:pla), Attorney Arielle Kay Herzberg added to party Phillip Rothlein(pty:pla), Attorney Arielle Kay Herzberg added to party Stanford Smith(pty:pla), Attorney Arielle Kay Herzberg added to party Ashlee Wedgeworth(pty:pla) (Herzberg, Arielle) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 RECAP
7	Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (agarc, ) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 PACER
8	SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (agarc, ) (Entered: 06/25/2020) 1 Magistrate Judge Consent Form View on RECAP	June 25, 2020	June 25, 2020 RECAP
9	NOTICE of Entry of Appearance by Matthew J. Douglas on behalf of All Plaintiffs Attorney Matthew J. Douglas added to party Apryl Alexander(pty:pla), Attorney Matthew J. Douglas added to party Black Lives Matter 5280(pty:pla), Attorney Matthew J. Douglas added to party Amanda Blasingame(pty:pla), Attorney Matthew J. Douglas added to party Elisabeth Epps(pty:pla), Attorney Matthew J. Douglas added to party Cidney Fisk(pty:pla), Attorney Matthew J. Douglas added to party Hollis Lyman(pty:pla), Attorney Matthew J. Douglas added to party Zach Packard(pty:pla), Attorney Matthew J. Douglas added to party Phillip Rothlein(pty:pla), Attorney Matthew J. Douglas added to party Stanford Smith(pty:pla), Attorney Matthew J. Douglas added to party Ashlee Wedgeworth(pty:pla) (Douglas, Matthew) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
10	NOTICE of Entry of Appearance by Robert Reeves Anderson on behalf of All Plaintiffs Attorney Robert Reeves Anderson added to party Apryl Alexander(pty:pla), Attorney Robert Reeves Anderson added to party Black Lives Matter 5280(pty:pla), Attorney Robert Reeves Anderson added to party Amanda Blasingame(pty:pla), Attorney Robert Reeves Anderson added to party Elisabeth Epps(pty:pla), Attorney Robert Reeves Anderson added to party Cidney Fisk(pty:pla), Attorney Robert Reeves Anderson added to party Hollis Lyman(pty:pla), Attorney Robert Reeves Anderson added to party Zach Packard(pty:pla), Attorney Robert Reeves Anderson added to party Phillip Rothlein(pty:pla), Attorney Robert Reeves Anderson added to party Stanford Smith(pty:pla), Attorney Robert Reeves Anderson added to party Ashlee Wedgeworth(pty:pla) (Anderson, Robert) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
11	NOTICE of Entry of Appearance by Edwin Packard Aro on behalf of All Plaintiffs Attorney Edwin Packard Aro added to party Apryl Alexander(pty:pla), Attorney Edwin Packard Aro added to party Black Lives Matter 5280(pty:pla), Attorney Edwin Packard Aro added to party Amanda Blasingame(pty:pla), Attorney Edwin Packard Aro added to party Elisabeth Epps(pty:pla), Attorney Edwin Packard Aro added to party Cidney Fisk(pty:pla), Attorney Edwin Packard Aro added to party Hollis Lyman(pty:pla), Attorney Edwin Packard Aro added to party Zach Packard(pty:pla), Attorney Edwin Packard Aro added to party Phillip Rothlein(pty:pla), Attorney Edwin Packard Aro added to party Stanford Smith(pty:pla), Attorney Edwin Packard Aro added to party Ashlee Wedgeworth(pty:pla) (Aro, Edwin) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
12	NOTICE of Entry of Appearance by Anya Amalia Havriliak on behalf of All Plaintiffs Attorney Anya Amalia Havriliak added to party Apryl Alexander(pty:pla), Attorney Anya Amalia Havriliak added to party Black Lives Matter 5280(pty:pla), Attorney Anya Amalia Havriliak added to party Amanda Blasingame(pty:pla), Attorney Anya Amalia Havriliak added to party Elisabeth Epps(pty:pla), Attorney Anya Amalia Havriliak added to party Cidney Fisk(pty:pla), Attorney Anya Amalia Havriliak added to party Hollis Lyman(pty:pla), Attorney Anya Amalia Havriliak added to party Zach Packard(pty:pla), Attorney Anya Amalia Havriliak added to party Phillip Rothlein(pty:pla), Attorney Anya Amalia Havriliak added to party Stanford Smith(pty:pla), Attorney Anya Amalia Havriliak added to party Ashlee Wedgeworth(pty:pla) (Havriliak, Anya) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
13	NOTICE of Entry of Appearance by Colin Michael O'Brien on behalf of All Plaintiffs Attorney Colin Michael O'Brien added to party Apryl Alexander(pty:pla), Attorney Colin Michael O'Brien added to party Black Lives Matter 5280(pty:pla), Attorney Colin Michael O'Brien added to party Amanda Blasingame(pty:pla), Attorney Colin Michael O'Brien added to party Elisabeth Epps(pty:pla), Attorney Colin Michael O'Brien added to party Cidney Fisk(pty:pla), Attorney Colin Michael O'Brien added to party Hollis Lyman(pty:pla), Attorney Colin Michael O'Brien added to party Zach Packard(pty:pla), Attorney Colin Michael O'Brien added to party Phillip Rothlein(pty:pla), Attorney Colin Michael O'Brien added to party Stanford Smith(pty:pla), Attorney Colin Michael O'Brien added to party Ashlee Wedgeworth(pty:pla) (O'Brien, Colin) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
14	MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 29 June 2020. Consent Form due by 8/14/2020. Proposed Scheduling Order due8/7/2020 Scheduling Conference set for 9/3/2020 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) (Entered: 06/29/2020)	June 29, 2020	June 29, 2020 RECAP
15	WAIVER OF SERVICE Returned Executed by Phillip Rothlein, Elisabeth Epps, Zach Packard, Cidney Fisk, Apryl Alexander, Hollis Lyman, Ashlee Wedgeworth, Black Lives Matter 5280, Stanford Smith, Amanda Blasingame. City and County of Denver waiver sent on 6/26/2020, answer due 8/25/2020. (Macdonald, Timothy) Modified to correct answer deadline on 6/30/2020 (cmadr, ). (Entered: 06/29/2020)	June 29, 2020	June 29, 2020 RECAP
16	NOTICE of Entry of Appearance by David Charles Cooperstein on behalf of City and County of DenverAttorney David Charles Cooperstein added to party City and County of Denver(pty:dft) (Cooperstein, David) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020 RECAP
17	ORDER REASSIGNING CASE. After conferral pursuant to Local Civil Rule 3.2(d), and pursuant to Local Civil Rule 40.1(d)(4)(B) and the approval of the Chief Judge, this case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 1:20-cv-01878-RBJ. SO ORDERED by Magistrate Judge Michael E. Hegarty on 7/31/2020. Text Only Entry. (cthom, ) (Entered: 08/02/2020)	July 31, 2020	July 31, 2020 PACER
18	CASE REASSIGNED pursuant to 17 Order this case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-1878-RBJ. (Text Only Entry) (cthom, ) (Entered: 08/02/2020)	July 31, 2020	July 31, 2020 PACER
	Minute Order	Aug. 2, 2020	Aug. 2, 2020 PACER
19	ORDER TO CONSOLIDATE RELATED ACTIONS. The Court sua sponte orders that related action Cruz et al v. City and County of Denver et al, 1:20-cv-01922-RBJ be consolidated with the above captioned matter and that all future filings shall be made on the consolidated docket under case Black Lives Matter 5280 et al v. City and County of Denver et al, 1:20-cv-01878-RBJ. By Judge R. Brooke Jackson on 8/4/2020. (apesa, ) (Entered: 08/05/2020)	Aug. 4, 2020	Aug. 4, 2020 RECAP
20	MINUTE ORDER: The consolidated matter is set for a Scheduling Conference on 9/3/2020 at 10:00 AM. Due to the COVID-19 pandemic, the hearing will be held by video teleconference. The Court's staff will provide connection instructions to the parties by email prior to the hearing. In an attempt to avoid bandwidth issues, the Court requests that each plaintiff group (one for each case) and the defendant limit themselves to two connections per group. However, multiple attorneys may appear together through one connection. Counsel, parties, and the general public whom will not participate, but want to hear the proceedings may utilize the Court's telephonic conferencing system by dialing Toll Free: 888-204-5984 using Access Code: 7557338#. The Court requests that the parties submit a proposed joint Scheduling Order (or if they cannot agree, then two proposed Scheduling Orders), by 8/27/2020. Please file the proposed order(s) into ECF as well as email a Word version to jackson_chambers@cod.uscourts.gov. The Scheduling Order should address two scenarios: one if the Court determines to proceed with class action briefing, which should include a short section of no more than two of the pages per side indicating why a class action is or is not appropriate; the other on the basis that the two cases will proceed on normal course without class action status. Indicate that injunctive relief beyond what was already stipulated and approved by the Court in Abay et al v. City and County of Denver, 1:20-cv-01616-RBJ, would be ordered only for exceptional reasons. By Judge R. Brooke Jackson on 8/5/2020. Text Only Entry (rbjsec. ) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 PACER
	Minute Order	Aug. 5, 2020	Aug. 5, 2020 PACER
21	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
22	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
23	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
24	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
25	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
26	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
27	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
28	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
29	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
30	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
31	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
32	WAIVER OF SERVICE Returned Executed by Francesca Lawrence, Kelsey Taylor, Andy Sannier, Joe Deras, Jacquelyn Parkins, Youssef Amghar, Ambrose Cruz, Johnathen Duran, Sara Fitouri. All Defendants. (Wang, Elizabeth) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 RECAP
33	NOTICE of Voluntary Dismissal of Party without prejudice by Consol Plaintiff Ambrose Cruz (Wang, Elizabeth) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 RECAP
34	ANSWER to 1 Complaint,,,, by City and County of Denver.(Cooperstein, David) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 RECAP
35	Proposed Scheduling Order by Consol Defendants Kevin Beasley, Christopher Cochran, M. Davis, Paul Hogan, Heather R. Jossi, Zachary Moldenhauer, Andrew Nielsen, Chelsea Novotny, Anthony E. Tak, Jacob Vaporis, Jacqueline A. Velasquez, Defendant City and County of Denver. (Cooperstein, David) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 RECAP
36	Proposed Scheduling Order by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth, Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Francesca Lawrence, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 RECAP
37	ANSWER to Complaint by Kevin Beasley, City and County of Denver, Christopher Cochran, M. Davis, Paul Hogan, Heather R. Jossi, Zachary Moldenhauer, Andrew Nielsen, Chelsea Novotny, Anthony E. Tak.(Cooperstein, David) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 RECAP
38	NOTICE of Working Draft of Proposed Scheduling Order by Judge R. Brooke Jackson on 9/2/2020. The Court has inserted multiple comments on the defendants' proposed scheduling order in Track Changes. The Word version will be emailed to counsel. Please see the attached pdf redlined version. The Court requests that the parties review this draft prior to tomorrow's scheduling conference. (rbjsec. ) (Entered: 09/02/2020)	Sept. 2, 2020	Sept. 2, 2020 RECAP
39	Joint MOTION for Protective Order and Rule 502(d) Order by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth, Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Francesca Lawrence, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Attachments: # 1 Exhibit A (Proposed Protective Order), # 2 Exhibit B (Proposed Rule 502(d) Order))(Wang, Elizabeth) (Entered: 09/02/2020) 1 Exhibit A (Proposed Protective Order) View on RECAP 2 Exhibit B (Proposed Rule 502(d) Order) View on RECAP	Sept. 2, 2020	Sept. 2, 2020 RECAP
40	ORDER granting 39 Joint MOTION for Protective Order and Rule 502(d) Order. By Judge R. Brooke Jackson on 9/3/2020. Text Only Entry(rbjsec.) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
41	STIPULATION AND PROTECTIVE ORDER. By Judge R. Brooke Jackson on 9/3/2020 (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 RECAP
42	STIPULATED ORDER. By Judge R. Brooke Jackson on 9/3/2020. (apesa, ) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 RECAP
43	COURTROOM MINUTES for Scheduling Conference via Video Teleconference held before Judge R. Brooke Jackson on 9/3/2020. Motion for Class Certification shall be filed on or before March 26, 2021. A response shall be filed on or before April 26, 2021. A reply may be filed on or before May 10, 2021. Motion Hearing regarding Class Certification set for 5/26/2021 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Fifteen day Jury Trial set for 3/7/2022 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Trial Preparation Conference set for 2/4/2022 at 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Discovery due by 9/3/2021. Dispositive Motions due by 10/15/2021. Court Reporter: Sarah Mitchell. (ebuch) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 RECAP
	Order on Motion for Protective Order	Sept. 3, 2020	Sept. 3, 2020 PACER
44	ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter is set for a 12-15 day Jury Trial to commence on March 7, 2022 at 9:00 a.m. on the docket of Judge R. Brooke Jackson U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado. A Trial Preparation Conference is set for February 4, 2022 at 9:00 a.m. By Judge R. Brooke Jackson on 9/4/2020. (rbjsec. ) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 RECAP
45	Proposed Scheduling Order Joint by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth. (Macdonald, Timothy) (Entered: 09/08/2020)	Sept. 8, 2020	Sept. 8, 2020 RECAP
46	SCHEDULING ORDER: by Judge R. Brooke Jackson on 9/21/20. (jdyne, ) (Entered: 09/21/2020)	Sept. 21, 2020	Sept. 21, 2020 RECAP
47	STIPULATION of Dismissal of Party Francesca Lawrence by Consol Defendants Kevin Beasley, Christopher Cochran, M. Davis, Zachary Moldenhauer, Andrew Nielsen, Chelsea Novotny, Jacob Vaporis, Defendant City and County of Denver, Consol Plaintiff Francesca Lawrence. (Wang, Elizabeth) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 RECAP
48	STIPULATION for Extension of Time to Respond to Plaintiffs' First Set of Discovery by Defendant City and County of Denver. (Cooperstein, David) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 RECAP
49	ORDER to Consolidate Related Actions. The Court sua sponte orders that related action Michael Acker v. City and County of Denver et al, 1:20-cv-03155-KLM be consolidated with the above captioned matter and that all future filings shall be made on the consolidated docket under the lead case Black Lives Matter 5280 et al v. City and County of Denver et al, 1:20-cv-01878-RBJ. By Judge R. Brooke Jackson on October 28, 2020. (rvill, ) (Entered: 10/28/2020)	Oct. 28, 2020	Oct. 28, 2020 RECAP
50	NOTICE of Entry of Appearance by David Charles Cooperstein on behalf of Paul PazenAttorney David Charles Cooperstein added to party Paul Pazen(pty:condft) (Cooperstein, David) (Entered: 11/10/2020)	Nov. 10, 2020	Nov. 10, 2020 RECAP
51	NOTICE of Entry of Appearance by Hollie Renee Birkholz on behalf of City and County of Denver, Paul Pazen, Anthony E. TakAttorney Hollie Renee Birkholz added to party City and County of Denver(pty:dft), Attorney Hollie Renee Birkholz added to party Paul Pazen(pty:condft), Attorney Hollie Renee Birkholz added to party Anthony E. Tak(pty:condft) (Birkholz, Hollie) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 RECAP
52	NOTICE of Entry of Appearance by Robert Charles Huss on behalf of City and County of Denver, Paul Pazen, Anthony E. TakAttorney Robert Charles Huss added to party City and County of Denver(pty:dft), Attorney Robert Charles Huss added to party Paul Pazen(pty:condft), Attorney Robert Charles Huss added to party Anthony E. Tak(pty:condft) (Huss, Robert) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 RECAP
53	MOTION to Withdraw by Defendant City and County of Denver, Consol Defendants Paul Pazen, Anthony E. Tak. (Cooperstein, David) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 RECAP
54	ORDER granting 53 by Defendant City and County of Denver, Consol Defendants Paul Pazen, Anthony E. Tak. Attorney David Cooperstein is withdrawn. By Judge R. Brooke Jackson on 12/14/2020. Text Only Entry(rbjsec. ) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 PACER
55	NOTICE of Entry of Appearance by Patrick Conor Reidy on behalf of Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee WedgeworthAttorney Patrick Conor Reidy added to party Apryl Alexander(pty:pla), Attorney Patrick Conor Reidy added to party Black Lives Matter 5280(pty:pla), Attorney Patrick Conor Reidy added to party Amanda Blasingame(pty:pla), Attorney Patrick Conor Reidy added to party Elisabeth Epps(pty:pla), Attorney Patrick Conor Reidy added to party Cidney Fisk(pty:pla), Attorney Patrick Conor Reidy added to party Hollis Lyman(pty:pla), Attorney Patrick Conor Reidy added to party Zach Packard(pty:pla), Attorney Patrick Conor Reidy added to party Phillip Rothlein(pty:pla), Attorney Patrick Conor Reidy added to party Stanford Smith(pty:pla), Attorney Patrick Conor Reidy added to party Ashlee Wedgeworth(pty:pla) (Reidy, Patrick) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 RECAP
	Order on Motion to Withdraw	Dec. 14, 2020	Dec. 14, 2020 PACER
56	ANSWER to Complaint by City and County of Denver.(Birkholz, Hollie) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 RECAP
57	ANSWER to Complaint by Paul Pazen.(Birkholz, Hollie) (Entered: 12/21/2020)	Dec. 21, 2020	Dec. 21, 2020 RECAP
58	Joint MOTION to Amend/Correct/Modify 46 Scheduling Order by Consol Plaintiff Michael Acker. (McNulty, Andrew) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 RECAP
59	MOTION to Withdraw as Attorney for Anya Havriliak by Plaintiffs Apryl Alexander, Black Lives Matter 5280, Amanda Blasingame, Elisabeth Epps, Cidney Fisk, Hollis Lyman, Zach Packard, Phillip Rothlein, Stanford Smith, Ashlee Wedgeworth. (Havriliak, Anya) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020 RECAP
60	ORDER granting 59 Motion to Withdraw as Attorney. Attorney Anya Amalia Havriliak terminated. by Judge R. Brooke Jackson on 12/28/20. Text Only Entry(jdyne, ) (Entered: 12/28/2020)	Dec. 28, 2020	Dec. 28, 2020 PACER
	Order on Motion to Withdraw as Attorney	Dec. 28, 2020	Dec. 28, 2020 PACER
61	ORDER granting 58 Joint MOTION to Amend/Correct/Modify 46 Scheduling Order. By Judge R. Brooke Jackson on 12/30/2020. Text Only Entry(rbjsec.) (Entered: 12/30/2020)	Dec. 30, 2020	Dec. 30, 2020 PACER
62	Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Discovery Requests by Defendant City and County of Denver. (Birkholz, Hollie) (Entered: 12/30/2020)	Dec. 30, 2020	Dec. 30, 2020 RECAP
	Order on Motion to Amend/Correct/Modify	Dec. 30, 2020	Dec. 30, 2020 PACER
63	ORDER granting 62 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Discovery Requests. By Judge R. Brooke Jackson on 1/4/2021. Text Only Entry(rbjsec.) (Entered: 01/04/2021)	Jan. 4, 2021	Jan. 4, 2021 PACER
	Order on Motion for Extension of Time to File	Jan. 4, 2021	Jan. 4, 2021 PACER
64	Unopposed MOTION for Extension of Time to file motion for class certification by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 02/01/2021)	Feb. 1, 2021	Feb. 1, 2021 RECAP
65	NOTICE of Entry of Appearance by Makeba Rutahindurwa on behalf of Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey TaylorAttorney Makeba Rutahindurwa added to party Youssef Amghar(pty:conpla), Attorney Makeba Rutahindurwa added to party Joe Deras(pty:conpla), Attorney Makeba Rutahindurwa added to party Johnathen Duran(pty:conpla), Attorney Makeba Rutahindurwa added to party Sara Fitouri(pty:conpla), Attorney Makeba Rutahindurwa added to party Jacquelyn Parkins(pty:conpla), Attorney Makeba Rutahindurwa added to party Andy Sannier(pty:conpla), Attorney Makeba Rutahindurwa added to party Kelsey Taylor(pty:conpla) (Rutahindurwa, Makeba) (Entered: 02/01/2021)	Feb. 1, 2021	Feb. 1, 2021 RECAP
66	ORDER granting 64 Unopposed MOTION for Extension of Time to file motion for class certification. The Court requests that plaintiffs give considerable attention to whether class treatment is either necessary or feasible in this case. The deadline to file a motion for class certification is now 4/26/2021. By Judge R. Brooke Jackson on 2/1/2021. Text Only Entry(rbjsec. ) (Entered: 02/01/2021)	Feb. 1, 2021	Feb. 1, 2021 PACER
	Order on Motion for Extension of Time to File	Feb. 1, 2021	Feb. 1, 2021 PACER
67	Unopposed MOTION for Leave to Amend Complaint by Consol Plaintiff Michael Acker. (Attachments: # 1 Exhibit 1 - Amended Complaint (Clean), # 2 Exhibit 2 - Amended Complaint (Redline))(McNulty, Andrew) (Entered: 02/12/2021) 1 Exhibit 1 - Amended Complaint (Clean) View on RECAP 2 Exhibit 2 - Amended Complaint (Redline) View on RECAP	Feb. 12, 2021	Feb. 12, 2021 RECAP
68	ORDER granting 67 Unopposed MOTION for Leave to Amend Complaint by Consol Plaintiff Michael Acker. The Court requests that the Clerk of Court's Office docket the Amended Complaint at 67-1. By Judge R. Brooke Jackson on 2/16/2021. Text Only Entry(rbjsec.) (Entered: 02/16/2021)	Feb. 16, 2021	Feb. 16, 2021 PACER
69	AMENDED COMPLAINT against David Abeyta, City and County of Denver, Daniel Felkins, Paul Pazen, filed by Michael Acker.(rvill, ) (Entered: 02/16/2021)	Feb. 16, 2021	Feb. 16, 2021 RECAP
	Order on Motion for Leave	Feb. 16, 2021	Feb. 16, 2021 PACER
70	MINUTE ORDER: A Telephonic Discovery Hearing is set for 3/8/2021 at 10:00 AM before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 2/23/2021. Text Only Entry (rbjsec, ) (Entered: 02/23/2021)	Feb. 23, 2021	Feb. 23, 2021 PACER
	Minute Order	Feb. 23, 2021	Feb. 23, 2021 PACER
71	LETTER listing issues for March 8, 2021 telephonic discovery hearing by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 03/05/2021)	March 5, 2021	March 5, 2021 RECAP
72	MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Discovery Hearing held on 3/8/2021. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 03/08/2021)	March 8, 2021	March 8, 2021 RECAP
73	MOTION to Withdraw as Attorney for Plaintiff Cindy Fisk Pursuant to D.C.Colo.AttyR 5(b) by Plaintiff Cidney Fisk. (Attachments: # 1 Proposed Order (PDF Only))(Reidy, Patrick) (Entered: 03/09/2021) 1 Proposed Order (PDF Only) View on RECAP	March 9, 2021	March 9, 2021 RECAP
74	WAIVER OF SERVICE Returned Executed by Michael Acker. David Abeyta waiver sent on 3/5/2021, answer due 5/4/2021; Daniel Felkins waiver sent on 3/5/2021, answer due 5/4/2021. (Attachments: # 1 Exhibit Waiver of Service - Abeyta)(McNulty, Andrew) (Entered: 03/11/2021) 1 Exhibit Waiver of Service - Abeyta View on RECAP	March 11, 2021	March 11, 2021 RECAP
75	NOTICE of Entry of Appearance by Robert Charles Huss on behalf of David Abeyta, Daniel FelkinsAttorney Robert Charles Huss added to party David Abeyta(pty:dft), Attorney Robert Charles Huss added to party Daniel Felkins(pty:dft) (Huss, Robert) (Entered: 03/18/2021)	March 18, 2021	March 18, 2021 RECAP
76	NOTICE of Entry of Appearance by Hollie Renee Birkholz on behalf of David Abeyta, Daniel FelkinsAttorney Hollie Renee Birkholz added to party David Abeyta(pty:dft), Attorney Hollie Renee Birkholz added to party Daniel Felkins(pty:dft) (Birkholz, Hollie) (Entered: 03/18/2021)	March 18, 2021	March 18, 2021 RECAP
77	NOTICE of Entry of Appearance by Andrew David Ringel on behalf of David Abeyta, City and County of Denver, Daniel Felkins, J. LNU, Paul Pazen, Anthony E. TakAttorney Andrew David Ringel added to party David Abeyta(pty:dft), Attorney Andrew David Ringel added to party City and County of Denver(pty:dft), Attorney Andrew David Ringel added to party Daniel Felkins(pty:dft), Attorney Andrew David Ringel added to party J. LNU(pty:condft), Attorney Andrew David Ringel added to party Paul Pazen(pty:condft), Attorney Andrew David Ringel added to party Anthony E. Tak(pty:condft) (Ringel, Andrew) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 RECAP
78	MOTION for Extension of Time to File Motion for Class Certification by Consol Plaintiffs Youssef Amghar, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 04/06/2021)	April 6, 2021	April 6, 2021 RECAP
79	ORDER denying 78 MOTION for Extension of Time to File Motion for Class Certification. By Judge R. Brooke Jackson on 4/7/2021. Text Only Entry(rbjsec.) (Entered: 04/07/2021)	April 7, 2021	April 7, 2021 PACER
	Order on Motion for Extension of Time to File	April 7, 2021	April 7, 2021 PACER
80	MOTION to Withdraw as Attorney by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 04/09/2021)	April 9, 2021	April 9, 2021 RECAP
81	ORDER granting 80 Motion to Withdraw as Attorney. Attorney Tara Elizabeth Thompson is withdrawn. By Judge R. Brooke Jackson on 4/9/2021. Text Only Entry(rbjsec.) (Entered: 04/09/2021)	April 9, 2021	April 9, 2021 PACER
	Order on Motion to Withdraw as Attorney	April 9, 2021	April 9, 2021 PACER
82	ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Daniel Moore Twetten was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (ebutl) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
83	ANSWER to 69 Amended Complaint by David Abeyta.(Birkholz, Hollie) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 RECAP
84	ANSWER to 69 Amended Complaint by City and County of Denver.(Birkholz, Hollie) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 RECAP
85	ANSWER to 69 Amended Complaint by Daniel Felkins.(Birkholz, Hollie) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 RECAP
86	ANSWER to 69 Amended Complaint by Paul Pazen.(Birkholz, Hollie) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 RECAP
87	ORDER Granting 73 Motion to Withdraw as Attorney. Attorney Robert Reeves Anderson terminated by Judge R. Brooke Jackson on April 16, 2021.(rvill, ) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 RECAP
88	Unopposed MOTION for Leave to File Excess Pages by Consol Plaintiffs Youssef Amghar, Joe Deras, Johnathen Duran, Sara Fitouri, Jacquelyn Parkins, Andy Sannier, Kelsey Taylor. (Wang, Elizabeth) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 RECAP

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Case Details

State / Territory: Colorado

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 25, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Protesters who, between May 30 and June 5, 2020, were arrested for violation of D.R.M.C. 1-13 (emergency curfew) or D.R.M.C. 38-31(c) (failure to obey lawful order) and were not charged with any other violations, and whose charges were dismissed.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Denver (Denver), City

Denver Police Department (Denver), City

Colorado State Patrol, State