Case: McGinn v. El Paso County Colorado

COMPLAINT and Jury Demand against El Paso County Colorado, Bill Elder (Filing fee $ 402,Receipt Number ACODC-8485282)Attorney Andrew Joseph McNulty added to party Juniper McGinn(pty:pla), filed by Juniper McGinn. (Attachments: # 1 Civil Cover Sheet)(McNulty, Andrew) (Entered: 06/01/2022)

1 Civil Cover Sheet

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Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (sapod, ) (Entered: 06/02/2022)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sapod, ) (Entered: 06/02/2022)

MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-01387-NYW. (athom, ) (Entered: 06/02/2022)

CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 22-cv-01387-WJM. (Text Only Entry) (athom, ) (Entered: 06/02/2022)

ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned to this case, 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). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 6/3/2022. Text Only Entry (wjmsec, ) (Entered: 06/03/2022)

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 6/3 /2022. Text Only Entry (wjmsec, ) (Entered: 06/03/2022)

Order Referring Case to Magistrate Judge

Order

NOTICE of Entry of Appearance by Mari Anne Newman on behalf of Juniper McGinnAttorney Mari Anne Newman added to party Juniper McGinn(pty:pla) (Newman, Mari) (Entered: 06/09/2022)

WAIVER OF SERVICE Returned Executed by Juniper McGinn. El Paso County Colorado waiver sent on 6/2/2022, answer due 8/1/2022. (McNulty, Andrew) (Entered: 06/09/2022)

WAIVER OF SERVICE Returned Executed by Juniper McGinn. Bill Elder waiver sent on 6/2/2022, answer due 8/1/2022. (McNulty, Andrew) (Entered: 06/09/2022)

ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on June 14, 2022. Proposed Scheduling Order due 9/1/2022 Scheduling Conference set for 9/8/2022 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Instructions for Preparation of Scheduling Order, # 2 Proposed Order (PDF Only), # 3 Magistrate Judge Consent Form) (csarr, ) (Entered: 06/15/2022)

1 Instructions for Preparation of Scheduling Order

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2 Proposed Order (PDF Only)

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3 Magistrate Judge Consent Form

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REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Maritza Dominguez Braswell, upon her appointment. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (such as 22-cv-01387-WJM-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell in Suite 100. Her chambers are located at 212 North Wasatch Avenue, Suite 100, Colorado Springs, CO 80903. Her telephone number is 719-575-0328.(Text Only Entry) (cmadr, ) (Entered: 07/07/2022)

NOTICE of Entry of Appearance by Steven Ward Martyn on behalf of El Paso County Colorado, Bill Elder, Bill (I) ElderAttorney Steven Ward Martyn added to party El Paso County Colorado(pty:dft), Attorney Steven Ward Martyn added to party Bill Elder(pty:dft), Attorney Steven Ward Martyn added to party Bill (I) Elder(pty:dft) (Martyn, Steven) (Entered: 07/28/2022)

NOTICE of Entry of Appearance by Nathan James Whitney on behalf of El Paso County Colorado, Bill Elder, Bill (I) ElderAttorney Nathan James Whitney added to party El Paso County Colorado(pty:dft), Attorney Nathan James Whitney added to party Bill Elder(pty:dft), Attorney Nathan James Whitney added to party Bill (I) Elder(pty:dft) (Whitney, Nathan) (Entered: 07/28/2022)

STRICKEN MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) by Defendants El Paso County Colorado, Bill Elder, Bill (I) Elder. (Martyn, Steven) Modified on 8/10/2022 to strike pursuant to 17 Order (angar, ). (Entered: 08/01/2022)

MINUTE ORDER: The Scheduling Conference and associated initial case deadlines are VACATED. The initial case deadlines will be reset by separate order. By Magistrate Judge Maritza Dominguez Braswell on 08/09/22. Text Only Entry (mdblc2) (Entered: 08/09/2022)

ORDER striking Defendants' Motion to Dismiss under Fed. R. Civ. P. 12(b)(1) and (6) 15 for failure to comply with WJM Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12, in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Defendants' Motion to Dismiss is STRICKEN without prejudice to refiling because it contains no statement with respect to whether such a conferral occurred in this case. SO ORDERED by Judge William J. Martinez on 8/9/2022. Text Only Entry(wjmsec, ) (Entered: 08/09/2022)

ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 9/1/2022. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/9/2022. (evaug) (Entered: 08/09/2022)

Order

Order on Motion to Dismiss

AMENDED COMPLAINT against El Paso County Colorado, Bill Elder, filed by Juniper McGinn.(McNulty, Andrew) (Entered: 08/12/2022)

NOTICE of Filing Amended Pleading First Amended Complaint by Plaintiff Juniper McGinn (Attachments: # 1 Exhibit 1 - Amended Complaint and Jury Demand - Redline)(McNulty, Andrew) (Entered: 08/12/2022)

1 Exhibit 1 - Amended Complaint and Jury Demand - Redline

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Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 19 Amended Complaint, MOTION for Leave to File Excess Pages by Defendants El Paso County Colorado, Bill Elder, Bill (I) Elder. (Martyn, Steven) (Entered: 08/23/2022)

MEMORANDUM regarding 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 19 Amended Complaint MOTION for Leave to File Excess Pages filed by Bill (I) Elder, El Paso County Colorado, Bill Elder. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 8/23/2022. Text Only Entry (wjmsec, ) (Entered: 08/23/2022)

MINUTE ORDER granting 21 Defendants' Motion for an Extension of Time to File their Motion to Dismiss Plaintiff's First Amended Complaint and Motion for an Extension of Page Limitations. Defendants shall have until September 9, 2022 within which to file a motion to dismiss the 19 Amended Complaint. The motion to dismiss shall not exceed twenty pages in length. By Magistrate Judge Maritza Dominguez Braswell on 08/23/22. Text Only Entry(mdblc2) (Entered: 08/23/2022)

Memorandum

Order on Motion for Leave to File Excess Pages AND Order on Motion for Extension of Time to Answer or Otherwise Respond

Proposed Scheduling Order by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 08/31/2022)

SCHEDULING ORDER: Discovery due by 4/15/2023. Dispositive Motions due by 5/15/2023. Telephonic Final Pretrial Conference set for 7/10/2023 09:30 AM before Magistrate Judge Maritza Dominguez Braswell. (See attached document for participant instructions). Proposed Final Pretrial Order due by 7/3/2023. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 9/1/2022. (evaug ) (Entered: 09/02/2022)

STRICKEN MOTION to Dismiss First Amended Complaint under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendants El Paso County Colorado, Bill Elder, Bill (I) Elder. (Attachments: # 1 Exhibit A)(Martyn, Steven) Modified on 9/14/2022 to reinstate Motion pursuant to 32 Order (trvo, ). Modified on 10/25/2022 to strike pursuant to 46 Order (trvo, ). (Entered: 09/09/2022)

1 Exhibit A

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Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiff Juniper McGinn. (Attachments: # 1 Exhibit Second Amended Complaint - Redlined, # 2 Exhibit Second Amended Complaint - Clean)(McNulty, Andrew) (Entered: 09/12/2022)

1 Exhibit Second Amended Complaint - Redlined

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2 Exhibit Second Amended Complaint - Clean

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MEMORANDUM regarding 27 Unopposed MOTION for Leave to File Second Amended Complaint filed by Juniper McGinn. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 9/12/2022. Text Only Entry (wjmsec, ) (Entered: 09/12/2022)

Memorandum

MINUTE ORDER granting 27 Unopposed Motion for Leave to File a Second Amended Complaint. The Clerk is directed to file the [27-2] Second Amended Complaint and Jury Demand as a separate document. By Magistrate Judge Maritza Dominguez Braswell on 09/13/22. Text Only Entry(mdblc2) (Entered: 09/13/2022)

SECOND AMENDED COMPLAINT AND JURY DEMAND against Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman, filed by Juniper McGinn.(csarr, ) (Entered: 09/13/2022)

ORDER. This matter is before the Court on 26 Defendants’ Motion to Dismiss First Amended Complaint Under to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) ("Motion"). Because Plaintiff has now filed 30 the Second Amended Complaint, the Motion is now moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("[I]t is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants' dispositive motions are "technically moot because they are directed at a pleading that is no longer operative"). Accordingly, the Motion is DENIED WITHOUT PREJUDICE to refiling a motion directed at the operative pleading, if such a motion is warranted under the facts and applicable law. SO ORDERED by Judge William J. Martinez on 9/13/2022. Text Only Entry(wjmlc1, ) (Entered: 09/13/2022)

ORDER. It has come to the Court's attention that the parties agreed that the 30 Second Amended Complaint does not moot 26 Defendants' Motion to Dismiss. (ECF No. 27 at 1.) Therefore, the Court VACATES 31 its Order denying without prejudice Defendants' Motion to Dismiss. The Clerk is DIRECTED to reinstate ECF No. 26 on the CM/ECF docket. SO ORDERED by Judge William J. Martinez on 9/13/2022. Text Only Entry (wjmlc1, ) (Entered: 09/13/2022)

Order on Motion for Leave

Order on Motion to Dismiss

Order

Joint MOTION for Leave to Set Briefing Schedule Regarding Motion to Dismiss by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 09/26/2022)

MEMORANDUM regarding 33 Joint MOTION for Leave to Set Briefing Schedule Regarding Motion to Dismiss filed by Juniper McGinn. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 9/26/2022. Text Only Entry (wjmsec, ) (Entered: 09/26/2022)

MINUTE ORDER granting 33 Joint Motion for Leave to Set Briefing Schedule Regarding Motion to Dismiss. Defendants shall file their supplemental motion to dismiss on or before 10/14/2022. Plaintiff shall file her consolidated response on or before 11/4/2022. Defendants shall file a reply on or before 11/18/2022. By Magistrate Judge Maritza Dominguez Braswell on 9/26/22. Text Only Entry(mdblc1) (Entered: 09/26/2022)

Memorandum

Order on Motion for Leave

MOTION to Stay Discovery by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Martyn, Steven) (Entered: 09/27/2022)

MEMORANDUM regarding 36 MOTION to Stay Discovery filed by Vita (I) Barnes, Larry (I) Thurman, Bill (I) Elder, El Paso County Colorado, Bill Elder, Loralee (I) Salazar, Christopher (I) Cable, Brittany (I) Stubbs. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 10/3/2022. Text Only Entry (wjmsec, ) (Entered: 10/03/2022)

RESPONSE to 36 MOTION to Stay Discovery filed by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 10/03/2022)

Memorandum

NOTICE of Entry of Appearance by Bryan E. Schmid on behalf of Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) ThurmanAttorney Bryan E. Schmid added to party Vita (I) Barnes(pty:dft), Attorney Bryan E. Schmid added to party Christopher (I) Cable(pty:dft), Attorney Bryan E. Schmid added to party El Paso County Colorado(pty:dft), Attorney Bryan E. Schmid added to party Bill Elder(pty:dft), Attorney Bryan E. Schmid added to party Bill (I) Elder(pty:dft), Attorney Bryan E. Schmid added to party Loralee (I) Salazar(pty:dft), Attorney Bryan E. Schmid added to party Brittany (I) Stubbs(pty:dft), Attorney Bryan E. Schmid added to party Larry (I) Thurman(pty:dft) (Schmid, Bryan) (Entered: 10/04/2022)

DISREGARD - Duplicate Entry. See ECF No 38 . RESPONSE to 36 MOTION to Stay Discovery filed by Plaintiff Juniper McGinn. (McNulty, Andrew) Modified on 10/12/2022 to note duplicate entry (trvo, ). (Entered: 10/12/2022)

STRICKEN MOTION to Supplement 26 MOTION to Dismiss First Amended Complaint under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Martyn, Steven) Modified on 10/25/2022 to strike pursuant to 46 Order (trvo, ). (Entered: 10/14/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Stay Discovery by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Martyn, Steven) (Entered: 10/17/2022)

REPLY to Response to 36 MOTION to Stay Discovery filed by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Martyn, Steven) (Entered: 10/21/2022)

MEMORANDUM regarding 42 Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Stay Discovery filed by Vita (I) Barnes, Larry (I) Thurman, Bill (I) Elder, El Paso County Colorado, Bill Elder, Loralee (I) Salazar, Christopher (I) Cable, Brittany (I) Stubbs. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 10/24/2022. Text Only Entry (wjmsec, ) (Entered: 10/24/2022)

MINUTE ORDER granting 42 Defendants' Unopposed Motion for an Extension of Time to File Their Reply to Response on Defendants' Motion to Stay Discovery. The 43 Reply is accepted as filed. By Magistrate Judge Maritza Dominguez Braswell on 10/24/2022. Text Only Entry(mdblc1) (Entered: 10/24/2022)

Memorandum

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

ORDER. The Court has under advisement 26 Defendants’ Motion to Dismiss First Amended Complaint Under Fed. R. Civ. P. 12(b)(1) and (6) and 41 Defendants’ Supplemental Motion to Dismiss Second Amended Complaint Under Fed. R. Civ. P. 12(b)(1) and (6). Although Judge Dominguez Braswell permitted the filing of the Supplemental Motion to Dismiss, the Court prefers one motion to dismiss which includes all Rule 12 arguments, as provided in WJM Revised Practice Standard III.D.2 (“All requests for relief under any part of Rule 12 must be brought in a single motion.”) Therefore, the Court STRIKES the motion to dismiss briefing filed thusfar, 26, 41 . Defendants may file a single motion to dismiss of no more than 25 pages directed at the operative 30 Second Amended Complaint by November 11, 2022. Plaintiff may file a response of no more than 25 pages by November 30, 2022. Defendants may file a reply of no more than 15 pages by December 12, 2022. The parties are DIRECTED to carefully review and comply with the undersigned’s Revised Practice Standards. SO ORDERED by Judge William J. Martinez on 10/25/2022. Text Only Entry(wjmlc1, ) (Entered: 10/25/2022)

Order on Motion to Dismiss AND Order on Motion to Supplement

Stipulated MOTION to Dismiss Plaintiff's Sixth And Seventh Claims With Prejudice by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 11/01/2022)

ORDER. To the extent the Parties' Stipulation to Dismiss Plaintiff's Sixth and Seventh Claims with Prejudice 47 was filed as a motion, it is GRANTED for good cause shown. Plaintiff's Sixth and Seventh Claims are hereby dismissed from this action with prejudice, each party to bear their own fees and costs. SO ORDERED by Judge William J. Martinez on 11/7/2022. Text Only Entry(wjmsec, ) (Entered: 11/07/2022)

Order on Motion to Dismiss

MOTION to Dismiss for Failure to State a Claim by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Martyn, Steven) (Entered: 11/11/2022)

ORDER by Magistrate Judge Maritza Dominguez Braswell on November 14, 2022. In sum, the Court finds that neither Defendants' qualified immunity argument nor the String Cheese factors demonstrate that a stay of discovery is warranted. Accordingly, Defendants' Motion to Stay Discovery (Doc. No. 36 .) is DENIED.(csarr, ) (Entered: 11/14/2022)

Stipulated MOTION for Protective Order Concerning Confidential Information by Plaintiff Juniper McGinn. (Attachments: # 1 Exhibit 1 - Proposed Protective Order)(McNulty, Andrew) (Entered: 11/14/2022)

1 Exhibit 1 - Proposed Protective Order

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MEMORANDUM regarding 51 Stipulated MOTION for Protective Order Concerning Confidential Information filed by Juniper McGinn. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 11/15/2022. Text Only Entry (wjmsec, ) (Entered: 11/15/2022)

ORDER granting 51 Motion for Protective Order by Magistrate Judge Maritza Dominguez Braswell on 11/15/2022. Text Only Entry(evaug) (Entered: 11/15/2022)

PROTECTIVE ORDER by Magistrate Judge Maritza Dominguez Braswell on 11/15/2022. (evaug ) (Entered: 11/15/2022)

Memorandum

Order on Motion for Protective Order

Unopposed MOTION for Leave to Exceed Page Limitation 46 Order on Motion to Supplement,,,,,, Order on Motion to Dismiss,,,,, by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 11/22/2022)

ORDER. Before the Court is 55 Plaintiff’s Unopposed Motion for Leave to Exceed Page Limitation (“Motion”). Upon due consideration, the Court GRANTS IN PART and DENIES IN PART the Motion. The Court has already extended the page limits for the briefs on the Motion to Dismiss for both parties and finds Plaintiff’s request for 10 additional pages to be grossly excessive. The Court will grant Plaintiff an additional three pages for the response. Therefore, the Court will permit Plaintiff to file a response brief of no more than 28 pages, excluding attorney signature blocks and certificates of service. SO ORDERED by Judge William J. Martinez on 11/28/2022. Text Only Entry(wjmlc1, ) (Entered: 11/28/2022)

OBJECTION/Appeal of 50 Magistrate Judge Decision Denying Motion to Stay to District Court by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Attachments: # 1 Exhibit A)(Whitney, Nathan) Modified on 11/29/2022 to add text (trvo, ). (Entered: 11/28/2022)

1 Exhibit A

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Order on Motion for Leave

RESPONSE to 49 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 11/30/2022)

Joint MOTION for Referral of Case for Settlement Conference and to Stay Case Pending Settlement Conference by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 12/06/2022)

ORDER granting in part the Parties' Joint Motion to Refer Case for Settlement Conference and to Stay Case Pending Settlement Conference 59 . That portion of the Joint Motion requesting a referral to a Magistrate Judge for a settlement conference is GRANTED for good cause shown. This matter is hereby referred to Magistrate Judge Maritza Dominguez Braswell to hold a prompt settlement conference pursuant to D.C.COLO.LCivR 16.6(A). The Parties are DIRECTED to jointly contact the Chambers of Judge Dominguez Braswell on or before December 9, 2022 to schedule the Settlement Conference That portion of the Joint Motion which seeks to stay the case pending the settlement conference is hereby referred to Magistrate Judge Dominguez Braswell. SO ORDERED by Judge William J. Martinez on 12/7/2022. Text Only Entry (wjmsec, ) (Entered: 12/07/2022)

MINUTE ORDER: In light of Judge Martinez's 12/7/2022 Order, on December 8, 2022, at 10:00 a.m., the parties shall jointly contact Judge Dominguez Braswell's chambers, 719-575-0328, to arrange a settlement conference in this matter. By Magistrate Judge Maritza Dominguez Braswell on 12/7/2022. Text Only Entry (mdblc1) (Entered: 12/07/2022)

Order

Unopposed MOTION for Extension of Time to File Response to Defendants' Objection by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 12/09/2022)

ORDER denying Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendants' Objection 62 . Plaintiff's Motion is DENIED without prejudice to refiling given Plaintiff's counsel's failure to serve a copy of the Motion on their client, as required by D.C.COLO.LCivR 6.1(c) and WJM Revised Practice Standard II.D.2. The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 12/9/2022. Text Only Entry(wjmsec, ) (Entered: 12/09/2022)

Unopposed MOTION for Extension of Time to File Response to Defendants' Objection - REFILED by Plaintiff Juniper McGinn. (McNulty, Andrew) (Entered: 12/09/2022)

Order on Motion for Extension of Time to File

ORDER granting Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendants' Objection 64 . Plaintiff is granted leave, for good cause shown, to file her Response to Defendant's Objection/Appeal of Magistrate Judge (ECF No. 57) no later than 21 days after the Magistrate Judge's ruling on the motion to stay. SO ORDERED by Judge William J. Martinez on 12/12/2022. Text Only Entry(wjmsec, ) (Entered: 12/12/2022)

MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss for Failure to State a Claim by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Martyn, Steven) (Entered: 12/12/2022)

Order on Motion for Extension of Time to File

ORDER Setting Settlement Conference set for 3/14/2023 09:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Maritza Dominguez Braswell. By Magistrate Judge Maritza Dominguez Braswell on 12/13/2022. (evaug ) (Entered: 12/13/2022)

ORDER granting Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss 66 . Defendants are granted leave, for good cause shown, to file their Reply in support of their Motion to Dismiss Second Amended Complaint no later than 14 days after the Magistrate Judge's ruling on the motion to stay. SO ORDERED by Judge William J. Martinez on 12/13/2022. Text Only Entry(wjmsec, ) (Entered: 12/13/2022)

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

MOTION for Leave to Appear (County Defendants' Unopposed Motion Regarding Appearance of Defendants at Mediation and Notice Regarding Settlement Authority) by Defendants Vita (I) Barnes, Christopher (I) Cable, El Paso County Colorado, Bill Elder, Bill (I) Elder, Loralee (I) Salazar, Brittany (I) Stubbs, Larry (I) Thurman. (Attachments: # 1 Exhibit A. Resolution 20-19)(Martyn, Steven) (Entered: 03/01/2023)

1 Exhibit A. Resolution 20-19

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Memorandum

MEMORANDUM regarding 69 MOTION for Leave to Appear (County Defendants' Unopposed Motion Regarding Appearance of Defendants at Mediation and Notice Regarding Settlement Authority) filed by Vita (I) Barnes, Larry (I) Thurman, Bill (I) Elder, Bill Elder, El Paso County Colorado, Loralee (I) Salazar, Christopher (I) Cable, Brittany (I) Stubbs. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 3/1/2023. Text Only Entry (wjmsec, ) (Entered: 03/01/2023)

MINUTE ORDER granting the 69 County Defendants' Unopposed Motion Regarding Appearance of Defendants and Mediation and Notice Regarding Settlement Authority. Defendants may appear by telephone while being represented in person by a member of the El Paso County Sheriff's command staff and a member of the El Paso County Risk Department. Defendants are directed that the individual attending from the El Paso County Sheriff's command staff must be knowledgeable about jail operations, policies, and procedures relevant to the claims at issue. By Magistrate Judge Maritza Dominguez Braswell on 3/2/2023. Text Only Entry(mdblc1) (Entered: 03/02/2023)

Order on Motion for Leave to Appear

NOTICE of Settlement by Plaintiff Juniper McGinn (McNulty, Andrew) (Entered: 03/06/2023)

Order

MINUTE ORDER: In light of the 72 Joint Notice of Settlement, the Settlement Conference set for March 14, 2023 is VACATED. The parties shall file appropriate dismissal documents on or before April 6, 2023. By Magistrate Judge Maritza Dominguez Braswell on 03/06/23. Text Only Entry (mdblc2) (Entered: 03/06/2023)