Case: Weikert v. Elder

COMPLAINT against Bill Elder as Sheriff of El Paso County Sheriff's Office (Filing fee $ 402,Receipt Number 1082-7628482)Attorney Daniel David Williams added to party Jennifer Hermanns(pty:pla), Attorney Daniel David Williams added to party Terrence Lacey(pty:pla), Attorney Daniel David Williams added to party Jean-Joseph Le Chifre(pty:pla), Attorney Daniel David Williams added to party Sean Nelson(pty:pla), Attorney Daniel David Williams added to party Gilbert Trujillo(pty:pla), Attorney Daniel David Williams added to party Hannah Weikert(pty:pla), filed by Gilbert Trujillo, Hannah Weikert, Sean Nelson, Terrence Lacey, Jennifer Hermanns, Jean-Joseph Le Chifre. (Attachments: # 1 Civil Cover Sheet)(Williams, Daniel) (Entered: 12/13/2020)

1 Civil Cover Sheet

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MOTION for Temporary Restraining Order by Plaintiffs Jennifer Hermanns, Terrence Lacey, Jean-Joseph Le Chifre, Sean Nelson, Gilbert Trujillo, Hannah Weikert. (Attachments: # 1 Motion for Temporary Restraining Order and Preliminary Injunction Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Proposed Order (PDF Only) )(Williams, Daniel) (Entered: 12/13/2020)

1 Motion for Temporary Restraining Order and Preliminary Injunction Exhibit List

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Proposed Order (PDF Only)

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MOTION to Certify Class by Plaintiffs Jennifer Hermanns, Terrence Lacey, Jean-Joseph Le Chifre, Sean Nelson, Gilbert Trujillo, Hannah Weikert. (Williams, Daniel) (Entered: 12/13/2020)

Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (trvo, ) (Entered: 12/14/2020)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (trvo, ) (Entered: 12/14/2020)

NOTICE of Entry of Appearance by Jamie Hughes Hubbard on behalf of All Plaintiffs Attorney Jamie Hughes Hubbard added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Jamie Hughes Hubbard added to party Jennifer Hermanns(pty:pla), Attorney Jamie Hughes Hubbard added to party Terrence Lacey(pty:pla), Attorney Jamie Hughes Hubbard added to party Sean Nelson(pty:pla), Attorney Jamie Hughes Hubbard added to party Gilbert Trujillo(pty:pla), Attorney Jamie Hughes Hubbard added to party Hannah Weikert(pty:pla) (Hubbard, Jamie) (Entered: 12/14/2020)

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 12/14/2020. Text Only Entry (cmasec) (Entered: 12/14/2020)

ORDER OF RECUSAL. Upon review of the file of this case, I conclude that I must recuse myself from further service in this case because one of my law clerks is married to one of the attorneys in this case. It is, therefore, ORDERED that the judges file be returned to the clerk and that the case be reassigned by random draw, by Judge Christine M. Arguello on 12/14/2020. (evana, ) (Entered: 12/14/2020)

CASE REASSIGNED Pursuant to 8 Order of Recusal, this case is randomly reassigned Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-03646 RBJ. (Text Only Entry) (evana, ) (Entered: 12/14/2020)

NOTICE of Entry of Appearance by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Mark Silverstein added to party Jennifer Hermanns(pty:pla), Attorney Mark Silverstein added to party Terrence Lacey(pty:pla), Attorney Mark Silverstein added to party Sean Nelson(pty:pla), Attorney Mark Silverstein added to party Gilbert Trujillo(pty:pla), Attorney Mark Silverstein added to party Hannah Weikert(pty:pla) (Silverstein, Mark) (Entered: 12/14/2020)

NOTICE of Entry of Appearance by Arielle Kay Herzberg on behalf of All Plaintiffs Attorney Arielle Kay Herzberg added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Arielle Kay Herzberg added to party Jennifer Hermanns(pty:pla), Attorney Arielle Kay Herzberg added to party Terrence Lacey(pty:pla), Attorney Arielle Kay Herzberg added to party Sean Nelson(pty:pla), Attorney Arielle Kay Herzberg added to party Gilbert Trujillo(pty:pla), Attorney Arielle Kay Herzberg added to party Hannah Weikert(pty:pla) (Herzberg, Arielle) (Entered: 12/14/2020)

NOTICE of Entry of Appearance by Sara R. Neel on behalf of All Plaintiffs Attorney Sara R. Neel added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Sara R. Neel added to party Jennifer Hermanns(pty:pla), Attorney Sara R. Neel added to party Terrence Lacey(pty:pla), Attorney Sara R. Neel added to party Sean Nelson(pty:pla), Attorney Sara R. Neel added to party Gilbert Trujillo(pty:pla), Attorney Sara R. Neel added to party Hannah Weikert(pty:pla) (Neel, Sara) (Entered: 12/14/2020)

NOTICE of Entry of Appearance by Asma Kadri Keeler on behalf of All Plaintiffs Attorney Asma Kadri Keeler added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Asma Kadri Keeler added to party Jennifer Hermanns(pty:pla), Attorney Asma Kadri Keeler added to party Terrence Lacey(pty:pla), Attorney Asma Kadri Keeler added to party Sean Nelson(pty:pla), Attorney Asma Kadri Keeler added to party Gilbert Trujillo(pty:pla), Attorney Asma Kadri Keeler added to party Hannah Weikert(pty:pla) (Keeler, Asma) (Entered: 12/14/2020)

NOTICE of Entry of Appearance by David George Maxted on behalf of All Plaintiffs Attorney David George Maxted added to party Jean-Joseph Le Chiffre(pty:pla), Attorney David George Maxted added to party Jennifer Hermanns(pty:pla), Attorney David George Maxted added to party Terrence Lacey(pty:pla), Attorney David George Maxted added to party Sean Nelson(pty:pla), Attorney David George Maxted added to party Gilbert Trujillo(pty:pla), Attorney David George Maxted added to party Hannah Weikert(pty:pla) (Maxted, David) (Entered: 12/14/2020)

Order Referring Case to Magistrate Judge

NOTICE of Entry of Appearance by Rachel Z. Geiman on behalf of All Plaintiffs Attorney Rachel Z. Geiman added to party Jean-Joseph Le Chiffre(pty:pla), Attorney Rachel Z. Geiman added to party Jennifer Hermanns(pty:pla), Attorney Rachel Z. Geiman added to party Terrence Lacey(pty:pla), Attorney Rachel Z. Geiman added to party Sean Nelson(pty:pla), Attorney Rachel Z. Geiman added to party Gilbert Trujillo(pty:pla), Attorney Rachel Z. Geiman added to party Hannah Weikert(pty:pla) (Geiman, Rachel) (Entered: 12/15/2020)

MINUTE ORDER: The Order of Reference entered at ECF No. 7 is vacated. Due to the COVID-19 pandemic the Court will not hold a Scheduling Conference. The Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate. The proposed scheduling order should be prepared as described in the local rules. A copy of instructions for the preparation of a scheduling order and a form scheduling order can be downloaded from the Courts website www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx. By Judge R. Brooke Jackson on 12/15/2020. Text Only Entry (rbjsec.) (Entered: 12/15/2020)

Minute Order

MINUTE ORDER re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction. The Court is aware that there is no return of service on file but notes at ECF No. 2 at 1, n.1, that service was being attempted on December 11, 2020. The Court requests that the parties do the following within five days after the return of service is filed. First, if you have not already done so, read at least these pleadings from Carranza v. Reams, No. 20-CV-00977-PAB: (1) Chief Judge Brimmer's preliminary injunction order of May 15, 2020 in ECF No. 55 (also found at 2020 WL 2320174); (2) the transcript of the preliminary injunction hearing in that case, ECF No. 61, and (3) the parties' joint motion for preliminary approval of class action settlement, ECF No. 96, with the proposed consent decree attached as ECF No. 96-1. These and other pleadings in that case are publicly accessible documents. This Court recognizes that there might be different circumstances as between the Weld County and El Paso County jails that are relevant, but the work that was done in the Weld case is certainly of interest to this Court and should be of interest to the parties. Second, meet and confer (remotely) and make an immediate, good faith effort (or, as the case might be, another effort) to resolve the issues presented and to draft a proposed settlement agreement for filing with this Court. Third, if steps one and two have taken place but a resolution is not forthcoming, the Court will hold a preliminary injunction hearing for one day on your choice of the following dates: 12/29/2020 at 9:00 or 12/30/2020 at 9:00. The Court believes that an agreed resolution would be preferable to a resolution dictated by the Court. Please notify Chambers at jackson_chambers@cod.uscourts.gov by 12/23/2020 if you plan to set a hearing on one of the two available dates. By Judge R. Brooke Jackson on 12/16/2020. Text Only Entry (rbjsec.) (Entered: 12/16/2020)

Minute Order

WAIVER OF SERVICE Returned Executed by Gilbert Trujillo, Hannah Weikert, Sean Nelson, Terrence Lacey, Jennifer Hermanns, Jean-Joseph Le Chiffre. Bill Elder waiver sent on 12/16/2020, answer due 2/14/2021. (Williams, Daniel) (Entered: 12/18/2020)

NOTICE of Entry of Appearance by Nathan James Whitney on behalf of Bill ElderAttorney Nathan James Whitney added to party Bill Elder(pty:dft) (Whitney, Nathan) (Entered: 12/22/2020)

NOTICE of Entry of Appearance by Diana Kay May on behalf of Bill ElderAttorney Diana Kay May added to party Bill Elder(pty:dft) (May, Diana) (Entered: 12/22/2020)

MINUTE ORDER re: 2 MOTION for Temporary Restraining Order filed by Hannah Weikert, Jennifer Hermanns, Sean Nelson, Jean-Joseph Le Chiffre, Terrence Lacey, Gilbert Trujillo. A full-day Hearing is set for 12/30/2020 at 9:00 AM before Judge R. Brooke Jackson.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. By Judge R. Brooke Jackson on 12/26/2020. Text Only Entry (rbjsec.) (Entered: 12/26/2020)

Minute Order

MINUTE ORDER re: 21 Minute Order. The parties have informed the Court by email to Chambers that they have reached an agreement in principle regarding the plaintiffs' motion for a preliminary injunction. The Evidentiary Hearing set tomorrow, 12/30/2020 is VACATED. The Court requests that the parties file their proposed stipulated preliminary injunction by end of business on 12/31/2020. By Judge R. Brooke Jackson on 12/29/2020. Text Only Entry (rbjsec. ) (Entered: 12/29/2020)

Minute Order

Stipulated MOTION for Preliminary Injunction by Plaintiffs Jean-Joseph Le Chiffre, Jennifer Hermanns, Terrence Lacey, Sean Nelson, Gilbert Trujillo, Hannah Weikert. (Attachments: # 1 Proposed Order (PDF Only) Proposed Stipulated Preliminary Injunction)(Williams, Daniel) (Entered: 12/31/2020)

1 Proposed Order (PDF Only) Proposed Stipulated Preliminary Injunction

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ORDER granting 23 Stipulated Motion for Entry of Preliminary Injunction. By Judge R. Brooke Jackson on 1/4/2021. Text Only Entry(rbjsec. ) (Entered: 01/04/2021)

STIPULATED PRELIMINARY INJUNCTION by Judge R. Brooke Jackson on January 4, 2021. (rvill, ) (Entered: 01/04/2021)

Order on Motion for Preliminary Injunction

MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class by Defendant Bill Elder. (Whitney, Nathan) (Entered: 01/05/2021)

ORDER granting 26 MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class. By Judge R. Brooke Jackson on 1/5/2021. Text Only Entry(rbjsec. ) (Entered: 01/05/2021)

Order on Motion for Extension of Time to File Response/Reply

NOTICE of Entry of Appearance by Terry Angela Sample on behalf of Bill ElderAttorney Terry Angela Sample added to party Bill Elder(pty:dft) (Sample, Terry) (Entered: 01/12/2021)

MOTION to Dismiss Hannah Weikert by Plaintiff Hannah Weikert. (Williams, Daniel) (Entered: 01/12/2021)

ORDER denying 29 MOTION to Dismiss Hannah Weikert. Please comply with local rule 7.1(a). By Judge R. Brooke Jackson on 1/14/2021. Text Only Entry(rbjsec.) (Entered: 01/14/2021)

NOTICE of Voluntary Dismissal of Party Hannah Weikert by Plaintiff Hannah Weikert (Williams, Daniel) (Entered: 01/14/2021)

Order on Motion to Dismiss

MINUTE ORDER: A Telephonic Status Conference is set for 1/22/2021 at 9:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and then enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 1/20/2021. Text Only Entry (rbjsec. ) (Entered: 01/20/2021)

Minute Order

MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Status Conference held on 1/22/2021. Court Reporter: Sarah Mitchell. (jdyne, ) (Entered: 01/22/2021)

LETTER from Plaintiff Terrence Lacey. (rvill, ) (Entered: 02/19/2021)

ORDER finding as moot 2 Motion for Temporary Restraining Order and Preliminary Injunction. See the ECF No. 25. By Judge R. Brooke Jackson on 2/24/2021. Text Only Entry(rbjsec. ) (Entered: 02/24/2021)

Order on Motion for TRO

LETTER by Plaintiff Terrence Lacey. (Attachments: # 1 Envelope)(rvill, ) (Entered: 03/11/2021)

1 Envelope

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Letter re: MOTION to Intervene by Interested Party Lawrence Galbearth. (rvill, ) (Entered: 03/19/2021)

LETTER by Plaintiff Terrence Lacey. (Attachments: # 1 Continuation of Main Document)(rvill, ) (Entered: 03/29/2021)

1 Continuation of Main Document

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Letter from Interested Party Lawrence Galbearth (evana, ) (Entered: 04/05/2021)

ORDER denying 37 Letter re: MOTION to Intervene by Interested Party Lawrence Galbearth. This action was filed by experienced and able counsel as a purported class action on behalf of inmates that the El Paso County Jail. Although formal certification of a class has not occurred, plaintiffs negotiated and the Court entered a stipulated preliminary injunction on an interim basis on behalf of all inmates, and the parties are continuing the negotiations with respect to a potential permanent injunction. See ECF No. 25. This benefits Mr. Galbeath as well as other inmates. The Court expects the defendant to abide by the agreement that it made, and if Mr. Galbearth has information indicating that the County is not complying, he may provide that information to plaintiffs' counsel. If he is not satisfied that the plaintiffs are adequately representing his interest he may file his own case. However, he has not provided good cause to intervene in the present case. By Judge R. Brooke Jackson on 4/13/2021. Text Only Entry(rbjsec. ) (Entered: 04/13/2021)

Order on Motion to Intervene

NOTICE of Voluntary Dismissal of Party Terrence Lacey as to His Claims Only by Plaintiff Terrence Lacey (Williams, Daniel) (Entered: 05/14/2021)

MINUTE ORDER: The Court requests a status update from the parties. Media reports suggest that the case had resolved, but nothing has been filed with the Court. Please file a joint status report by 6/14/2021. By Judge R. Brooke Jackson on 6/7/2021. Text Only Entry (rbjsec.) (Entered: 06/07/2021)

Minute Order

Joint STATUS REPORT by Plaintiffs Jean-Joseph Le Chiffre, Jennifer Hermanns, Terrence Lacey, Sean Nelson, Gilbert Trujillo, Hannah Weikert. (Keeler, Asma) (Entered: 06/14/2021)

MINUTE ORDER re: 43 Joint Status Report. The Court requests that the Clerk of Court's office administratively close this case. The Court requests a Dismissal Paper be filed by 10/5/2021. Motion terminated: 3 MOTION to Certify Class. By Judge R. Brooke Jackson on 6/15/2021. Text Only Entry (rbjsec. ) (Entered: 06/15/2021)

Civil Case Terminated pursuant to 44 Minute Order. Text Only Entry. (rvill, ) (Entered: 06/15/2021)

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STIPULATION of Dismissal of Case With Prejudice by Plaintiff Hannah Weikert. (Williams, Daniel) (Entered: 10/05/2021)

ORDER Dismissing case with prejudice re: 46 Stipulation of Dismissal of Case by Judge R. Brooke Jackson on 10/5/21. Text Only Entry (jdyne, ) (Entered: 10/05/2021)

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