Case: Bella Health and Wellness v. Weiser

COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number BCODC-9048309)Attorney Mark Leonard Rienzi added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Mark Leonard Rienzi added to party DENISE "DEDE" CHISM(pty:pla), Attorney Mark Leonard Rienzi added to party KATHLEEN SANDER(pty:pla), Attorney Mark Leonard Rienzi added to party ABBY SINNETT(pty:pla), filed by DENISE "DEDE" CHISM, BELLA HEALTH AND WELLNESS, ABBY SINNETT, KATHLEEN SANDER. (Attachments: # 1 Exhibit A- Provider Ethical Agreement, # 2 Exhibit B - 2022 Practice Agreements & Financial Policies, # 3 Exhibit C - Mission Story, BellaWellness.org, # 4 Exhibit D - FAQs, BellaWellness.org, # 5 Exhibit E - Bella Social Media, # 6 Exhibit F - SB 23-190, # 7 Exhibit G - Excerpts from Press Conference on the Introduction of SB 23-190, # 8 Exhibit H - Excerpts from Senate Judiciary Hearing On SB23-190, # 9 Exhibit I - Excerpts from Senate Second and Third Reading of SB23-190, # 10 Exhibit J - Excerpts from House Judiciary Hearing on SB23-190, # 11 Exhibit K - Excerpts from House Third Reading of SB23-190 Transcript, # 12 Exhibit L - Excerpts from House Third Reading of SB 23-190 (April 1, 2023), # 13 Civil Cover Sheet)(Rienzi, Mark) (Entered: 04/14/2023)

1 Exhibit A- Provider Ethical Agreement

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2 Exhibit B - 2022 Practice Agreements & Financial Policies

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3 Exhibit C - Mission Story, BellaWellness.org

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4 Exhibit D - FAQs, BellaWellness.org

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5 Exhibit E - Bella Social Media

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6 Exhibit F - SB 23-190

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7 Exhibit G - Excerpts from Press Conference on the Introduction of SB 23-190

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8 Exhibit H - Excerpts from Senate Judiciary Hearing On SB23-190

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9 Exhibit I - Excerpts from Senate Second and Third Reading of SB23-190

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10 Exhibit J - Excerpts from House Judiciary Hearing on SB23-190

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11 Exhibit K - Excerpts from House Third Reading of SB23-190 Transcript

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12 Exhibit L - Excerpts from House Third Reading of SB 23-190 (April 1, 2023)

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13 Civil Cover Sheet

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CORPORATE DISCLOSURE STATEMENT. (Rienzi, Mark) (Entered: 04/14/2023)

NOTICE of Entry of Appearance by Daniel Matthew Vitagliano on behalf of All Plaintiffs Attorney Daniel Matthew Vitagliano added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Daniel Matthew Vitagliano added to party DENISE "DEDE" CHISM(pty:pla), Attorney Daniel Matthew Vitagliano added to party KATHLEEN SANDER(pty:pla), Attorney Daniel Matthew Vitagliano added to party ABBY SINNETT(pty:pla) (Vitagliano, Daniel) (Entered: 04/14/2023)

NOTICE of Entry of Appearance by Rebekah Perry Ricketts on behalf of All Plaintiffs Attorney Rebekah Perry Ricketts added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Rebekah Perry Ricketts added to party DENISE "DEDE" CHISM(pty:pla), Attorney Rebekah Perry Ricketts added to party KATHLEEN SANDER(pty:pla), Attorney Rebekah Perry Ricketts added to party ABBY SINNETT(pty:pla) (Ricketts, Rebekah) (Entered: 04/14/2023)

NOTICE of Entry of Appearance by Laura Wolk Slavis on behalf of All Plaintiffs Attorney Laura Wolk Slavis added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Laura Wolk Slavis added to party DENISE "DEDE" CHISM(pty:pla), Attorney Laura Wolk Slavis added to party KATHLEEN SANDER(pty:pla), Attorney Laura Wolk Slavis added to party ABBY SINNETT(pty:pla) (Slavis, Laura) (Entered: 04/14/2023)

Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (blaws) (Entered: 04/14/2023)

Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Attachments: # 1 Proposed Order (PDF Only) Proposed Temporary Restraining Order and Order to Show Cause, # 2 Temporary Restraining Order Information)(Rienzi, Mark) (Entered: 04/14/2023)

1 Proposed Order (PDF Only) Proposed Temporary Restraining Order and Order to Show

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2 Temporary Restraining Order Information

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ORDER GRANTING IN PART 7 Plaintiffs' Motion for Temporary Restraining Order.It is ORDERED that Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, Doc. 7, is GRANTED IN PART as to the request for a temporary restraining order and TAKEN UNDER ADVISEMENT as to the request for a preliminary injunction.It is FURTHER ORDERED that the defendants and their officers, agents, servants, employees, attorneys, and any other persons who are in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are TEMPORARILY RESTRAINED from enforcing Senate Bill 23-190 against the plaintiffs. Pursuant to Federal Rule of Civil Procedure 65(b)(2), this temporary restraining order will expire fourteen days after entry, unless the Court extends it for good cause before that time or the Court grants a motion to dissolve or modify it pursuant to Federal Rule of Civil Procedure 65(b)(4).It is FURTHER ORDERED that a Preliminary Injunction Hearing is SET for 4/24/2023 at 09:30 AM in Courtroom A1002 before Judge Daniel D. Domenico, at which the defendants must SHOW CAUSE why the Court should not enter a preliminary injunction extending the injunctive relief set forth in this Order until final adjudication of this case on the merits. PLEASE SEE ORDER FOR ADDITONAL INFORMATION.By Judge Daniel D. Domenico on 4/15/2023. (dddlc1, ) (Entered: 04/15/2023)

ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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 Daniel D. Domenico on 4/15/2023. Text Only Entry (dddlc1, ) (Entered: 04/15/2023)

Order Referring Case to Magistrate Judge

SUMMONS REQUEST as to John Kellner by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Rienzi, Mark) (Entered: 04/16/2023)

SUMMONS REQUEST as to Michael Dougherty by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Rienzi, Mark) (Entered: 04/16/2023)

SUMMONS REQUEST as to Beth McCann by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Rienzi, Mark) (Entered: 04/16/2023)

SUMMONS issued by Clerk. (trvo, ) (Entered: 04/17/2023)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) (Entered: 04/17/2023)

WAIVER OF SERVICE Returned Executed by Denise DeDe Chism, Bella Health and Wellness, Abby Sinnett, Kathleen Sander. Christopher A. Bates waiver sent on 4/16/2023, answer due 6/15/2023; Jennifer Blair waiver sent on 4/16/2023, answer due 6/15/2023; Amy E. Colen waiver sent on 4/16/2023, answer due 6/15/2023; Beckett Czarnecki waiver sent on 4/16/2023, answer due 6/15/2023; Roland Flores waiver sent on 4/16/2023, answer due 6/15/2023; Julie Ann Harper waiver sent on 4/16/2023, answer due 6/15/2023; Anita Kumar waiver sent on 4/16/2023, answer due 6/15/2023; Donald Lefkowits waiver sent on 4/16/2023, answer due 6/15/2023; Hien H. Ly waiver sent on 4/16/2023, answer due 6/15/2023; Robert M. Maulitz waiver sent on 4/16/2023, answer due 6/15/2023; Maidul Mehmud waiver sent on 4/16/2023, answer due 6/15/2023; Amanda Mixon waiver sent on 4/16/2023, answer due 6/15/2023; Kian Modanlou waiver sent on 4/16/2023, answer due 6/15/2023; Saughar Samali waiver sent on 4/16/2023, answer due 6/15/2023; Kiely M. Schultz waiver sent on 4/16/2023, answer due 6/15/2023; Alan E. Shackelford waiver sent on 4/16/2023, answer due 6/15/2023; Scott C. Strauss waiver sent on 4/16/2023, answer due 6/15/2023; Phil Weiser waiver sent on 4/16/2023, answer due 6/15/2023. (Attachments: # 1 Waiver of the Service of Summons - Amanda Mixon, # 2 Waiver of the Service of Summons - Amy E. Colen, # 3 Waiver of the Service of Summons - Anita Kumar, # 4 Waiver of the Service of Summons - Beckett Czarecki, # 5 Waiver of the Service of Summons - Christopher A. Bates, # 6 Waiver of the Service of Summons - Donald Lefkowits, # 7 Waiver of the Service of Summons - Hien H. Ly, # 8 Waiver of the Service of Summons - Jennifer Blair, # 9 Waiver of the Service of Summons - Julie Ann Harper, # 10 Waiver of the Service of Summons - Kian Modanlou, # 11 Waiver of the Service of Summons - Kiely M. Schultz, # 12 Waiver of the Service of Summons - Maidul Mehmud, # 13 Waiver of the Service of Summons - Robert M. Maulitz, # 14 Waiver of the Service of Summons - Roland Flores, # 15 Waiver of the Service of Summons - Saughar Samali, # 16 Waiver of the Service of Summons - Scott C. Strauss, # 17 Waiver of the Service of Summons - Phil Weiser)(Rienzi, Mark) (Entered: 04/17/2023)

1 Waiver of the Service of Summons - Amanda Mixon

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2 Waiver of the Service of Summons - Amy E. Colen

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3 Waiver of the Service of Summons - Anita Kumar

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4 Waiver of the Service of Summons - Beckett Czarecki

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5 Waiver of the Service of Summons - Christopher A. Bates

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6 Waiver of the Service of Summons - Donald Lefkowits

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7 Waiver of the Service of Summons - Hien H. Ly

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8 Waiver of the Service of Summons - Jennifer Blair

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9 Waiver of the Service of Summons - Julie Ann Harper

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10 Waiver of the Service of Summons - Kian Modanlou

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11 Waiver of the Service of Summons - Kiely M. Schultz

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12 Waiver of the Service of Summons - Maidul Mehmud

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13 Waiver of the Service of Summons - Robert M. Maulitz

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14 Waiver of the Service of Summons - Roland Flores

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15 Waiver of the Service of Summons - Saughar Samali

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16 Waiver of the Service of Summons - Scott C. Strauss

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17 Waiver of the Service of Summons - Phil Weiser

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SUMMONS Returned Executed by Denise DeDe Chism, Bella Health and Wellness, Abby Sinnett, Kathleen Sander. Michael Dougherty served on 4/17/2023, answer due 5/8/2023. (Rienzi, Mark) (Entered: 04/17/2023)

SUMMONS Returned Executed by All Plaintiffs. John Kellner served on 4/17/2023, answer due 5/8/2023. (Rienzi, Mark) (Entered: 04/17/2023)

SUMMONS Returned Executed by All Plaintiffs. Beth McCann served on 4/17/2023, answer due 5/8/2023. (Rienzi, Mark) (Entered: 04/17/2023)

NOTICE of Entry of Appearance by Michael T. Kotlarczyk on behalf of Phil WeiserAttorney Michael T. Kotlarczyk added to party Phil Weiser(pty:dft) (Kotlarczyk, Michael) (Entered: 04/18/2023)

NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of Phil WeiserAttorney Grant T. Sullivan added to party Phil Weiser(pty:dft) (Sullivan, Grant) (Entered: 04/18/2023)

NOTICE of Entry of Appearance by Ann Bronwen Tomsic on behalf of All Defendants Attorney Ann Bronwen Tomsic added to party John Kellner(pty:dft) (Tomsic, Ann) (Entered: 04/18/2023)

WAIVER OF SERVICE Returned Executed by Denise DeDe Chism, Bella Health and Wellness, Abby Sinnett, Kathleen Sander. Nichele Bratton waiver sent on 4/16/2023, answer due 6/15/2023; Bernard Joseph Franta waiver sent on 4/16/2023, answer due 6/15/2023; Phyllis Graham-Dickerson waiver sent on 4/16/2023, answer due 6/15/2023; Lori Rae Hamilton waiver sent on 4/16/2023, answer due 6/15/2023; Hayley Hitchcock waiver sent on 4/16/2023, answer due 6/15/2023; Brandy Valdez Murphy waiver sent on 4/16/2023, answer due 6/15/2023; Aecian Pendleton waiver sent on 4/16/2023, answer due 6/15/2023; Diane Reinhard waiver sent on 4/16/2023, answer due 6/15/2023; Lenny Rothermund waiver sent on 4/16/2023, answer due 6/15/2023; Alissa M. Shelton waiver sent on 4/16/2023, answer due 6/15/2023; Karrie Tomlin waiver sent on 4/16/2023, answer due 6/15/2023. (Attachments: # 1 Waiver of the Service of Summons - Alissa M. Shelton, # 2 Waiver of the Service of Summons - Bernard Joseph Franta, # 3 Waiver of the Service of Summons - Brandy Valdez Murphy, # 4 Waiver of the Service of Summons - Diane Reinhard, # 5 Waiver of the Service of Summons - Hayley Hitchcock, # 6 Waiver of the Service of Summons - Karrie Tomlin, # 7 Waiver of the Service of Summons - Lenny Rothermund, # 8 Waiver of the Service of Summons - Lori Rae Hamilton, # 9 Waiver of the Service of Summons - Nichele Bratton, # 10 Waiver of the Service of Summons - Phyllis Graham-Dickerson)(Rienzi, Mark) (Entered: 04/19/2023)

1 Waiver of the Service of Summons - Alissa M. Shelton

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2 Waiver of the Service of Summons - Bernard Joseph Franta

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3 Waiver of the Service of Summons - Brandy Valdez Murphy

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4 Waiver of the Service of Summons - Diane Reinhard

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5 Waiver of the Service of Summons - Hayley Hitchcock

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6 Waiver of the Service of Summons - Karrie Tomlin

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7 Waiver of the Service of Summons - Lenny Rothermund

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8 Waiver of the Service of Summons - Lori Rae Hamilton

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9 Waiver of the Service of Summons - Nichele Bratton

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10 Waiver of the Service of Summons - Phyllis Graham-Dickerson

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ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 21 Notice of Entry of Appearance filed by attorney Ann Bronwen Tomsic. The format for the attorney's signature block is not correct. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, ) (Entered: 04/19/2023)

NOTICE of Entry of Appearance by David Evan Hughes on behalf of Michael DoughertyAttorney David Evan Hughes added to party Michael Dougherty(pty:dft) (Hughes, David) (Entered: 04/19/2023)

NOTICE of Entry of Appearance by Catherine R. Ruhland on behalf of Michael DoughertyAttorney Catherine R. Ruhland added to party Michael Dougherty(pty:dft) (Ruhland, Catherine) (Entered: 04/19/2023)

NOTICE of Entry of Appearance by Andrew David Ringel on behalf of Beth McCannAttorney Andrew David Ringel added to party Beth McCann(pty:dft) (Ringel, Andrew) (Entered: 04/20/2023)

NOTICE of Non-Participation from Defendant Beth McCann by Defendant Beth McCann (Ringel, Andrew) (Entered: 04/20/2023)

NOTICE of Entry of Appearance by Brian J. Urankar on behalf of Christopher A. Bates, Jennifer Blair, Amy E. Colen, Beckett Czarnecki, Roland Flores, Julie Ann Harper, Anita Kumar, Donald Lefkowits, Hien H. Ly, Robert M. Maulitz, Maidul Mehmud, Amanda Mixon, Kian Modanlou, Saughar Samali, Kiely M. Schultz, Alan E. Shackelford, Scott C. StraussAttorney Brian J. Urankar added to party Christopher A. Bates(pty:dft), Attorney Brian J. Urankar added to party Jennifer Blair(pty:dft), Attorney Brian J. Urankar added to party Amy E. Colen(pty:dft), Attorney Brian J. Urankar added to party Beckett Czarnecki(pty:dft), Attorney Brian J. Urankar added to party Roland Flores(pty:dft), Attorney Brian J. Urankar added to party Julie Ann Harper(pty:dft), Attorney Brian J. Urankar added to party Anita Kumar(pty:dft), Attorney Brian J. Urankar added to party Donald Lefkowits(pty:dft), Attorney Brian J. Urankar added to party Hien H. Ly(pty:dft), Attorney Brian J. Urankar added to party Robert M. Maulitz(pty:dft), Attorney Brian J. Urankar added to party Maidul Mehmud(pty:dft), Attorney Brian J. Urankar added to party Amanda Mixon(pty:dft), Attorney Brian J. Urankar added to party Kian Modanlou(pty:dft), Attorney Brian J. Urankar added to party Saughar Samali(pty:dft), Attorney Brian J. Urankar added to party Kiely M. Schultz(pty:dft), Attorney Brian J. Urankar added to party Alan E. Shackelford(pty:dft), Attorney Brian J. Urankar added to party Scott C. Strauss(pty:dft) (Urankar, Brian) (Entered: 04/20/2023)

NOTICE of Entry of Appearance by Abigail M. Hinchcliff on behalf of Phil WeiserAttorney Abigail M. Hinchcliff added to party Phil Weiser(pty:dft) (Hinchcliff, Abigail) (Entered: 04/20/2023)

RESPONSE to 7 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant John Kellner. (Tomsic, Ann) (Entered: 04/20/2023)

NOTICE of Entry of Appearance by Elizabeth V. Kenny on behalf of Nichele Bratton, Bernard Joseph Franta, Phyllis Graham-Dickerson, Lori Rae Hamilton, Hayley Hitchcock, Brandy Valdez Murphy, Aecian Pendleton, Diane Reinhard, Lenny Rothermund, Alissa M. Shelton, Karrie TomlinAttorney Elizabeth V. Kenny added to party Nichele Bratton(pty:dft), Attorney Elizabeth V. Kenny added to party Bernard Joseph Franta(pty:dft), Attorney Elizabeth V. Kenny added to party Phyllis Graham-Dickerson(pty:dft), Attorney Elizabeth V. Kenny added to party Lori Rae Hamilton(pty:dft), Attorney Elizabeth V. Kenny added to party Hayley Hitchcock(pty:dft), Attorney Elizabeth V. Kenny added to party Brandy Valdez Murphy(pty:dft), Attorney Elizabeth V. Kenny added to party Aecian Pendleton(pty:dft), Attorney Elizabeth V. Kenny added to party Diane Reinhard(pty:dft), Attorney Elizabeth V. Kenny added to party Lenny Rothermund(pty:dft), Attorney Elizabeth V. Kenny added to party Alissa M. Shelton(pty:dft), Attorney Elizabeth V. Kenny added to party Karrie Tomlin(pty:dft) (Kenny, Elizabeth) (Entered: 04/20/2023)

RESPONSE to 7 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction STATE DEFENDANTS RESPONSE TO EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Defendant Phil Weiser. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sullivan, Grant) (Entered: 04/20/2023)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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RESPONSE to 7 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Michael Dougherty. (Ruhland, Catherine) (Entered: 04/20/2023)

DECLARATION of Denise Chism by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Attachments: # 1 Exhibit A - Bella Health FAQ Page, # 2 Exhibit B - Bella Health APR Info Page, # 3 Exhibit C - Bella Health APR Social Media Posts, # 4 Exhibit D - Screenshot of Ultrasound, # 5 Exhibit E - Video of Ultrasound)(Rienzi, Mark) (Entered: 04/21/2023)

1 Exhibit A - Bella Health FAQ Page

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2 Exhibit B - Bella Health APR Info Page

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3 Exhibit C - Bella Health APR Social Media Posts

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4 Exhibit D - Screenshot of Ultrasound

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5 Exhibit E - Video of Ultrasound

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DECLARATION of Robert M. Russel by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)

DECLARATION of Ryan Day by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)

Witness List by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)

Exhibit List by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 04/21/2023)

Exhibit List for State Defendants by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)

Witness List by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 04/21/2023)

STATUS REPORT by Defendant John Kellner. (Tomsic, Ann) (Entered: 04/21/2023)

Witness List by Defendant John Kellner. (Tomsic, Ann) (Entered: 04/21/2023)

Exhibit List by Defendant John Kellner. (Tomsic, Ann) (Entered: 04/21/2023)

MINUTE ORDER re: Preliminary Injunction Hearing set for 4/24/2023. Each side must provide the Court with two hard copies of its exhibits (one set of original exhibits and one copy for the bench) by 09:00 AM on 4/24/2023. All exhibits must be pre-marked with a label identifying the exhibit number and case number. The exhibits must be bound in one or more three-ring binders no larger than three inches in width, and the binders must be labeled on the cover and on the spine with the case caption, hearing date, and "ORIGINAL" or "COPY." SO ORDERED by Judge Daniel D. Domenico on 4/21/2023. Text Only Entry (dddlc5, ) (Entered: 04/21/2023)

REPLY to Response to 7 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 04/21/2023)

Minute Order

MINUTE ENTRY for proceedings held before Judge Daniel D. Domenico: Evidentiary Hearing held on 4/24/2023. Taking under advisement 7 Motion for Preliminary Injunction. Court Reporter: Julie Thomas. (Attachments: # 1 Plaintiffs' witness list, # 2 Defendants' witness list, # 3 Plaintiffs' exhibit list, # 4 Defendants' exhibit list) (rkeec) (Entered: 04/24/2023)

1 Plaintiffs' witness list

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2 Defendants' witness list

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3 Plaintiffs' exhibit list

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4 Defendants' exhibit list

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Conventionally Submitted Material : USB exhibit to 34 -5 Declaration, by Plaintiffs Bella Health and Wellness, Denise DeDe Chism -Material placed in the oversized area A-1-7 of the Clerk's Office. Text Only Entry. (angar, ) (Entered: 04/26/2023)

ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. The Temporary Restraining Order, Doc. 8, is DISSOLVED. Plaintiffs' Emergency Motion for a Preliminary Injunction, Doc. 7, is DENIED. The defendants must file a status report within two business days of any material action that occurs in the rulemaking process contemplated by Senate Bill 23-190, including any issuance of a notice of proposed rulemaking, any public hearing regarding a proposed rule, any adoption of a temporary or emergency rule, and any final adoption of a proposed rule by the Colorado Medical Board, the State Board of Pharmacy, or the State Board of Nursing. By Judge Daniel D. Domenico on 04/28/2023. (athom, ) (Entered: 04/28/2023)

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,,,, by Defendant Beth McCann. (Ringel, Andrew) (Entered: 05/02/2023)

ORDER granting 49 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint. Defendant Beth McCann's answer is due on or before 5/30/2023. SO ORDERED by Judge Daniel D. Domenico on 5/2/2023. Text Only Entry(dddlc5, ) (Entered: 05/02/2023)

TRANSCRIPT of MOTION HEARING held on 4/24/23 before Judge Domenico. Pages: 1-130. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Thomas, Julie) (Entered: 05/02/2023)

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,,,, by Defendant Michael Dougherty. (Hughes, David) (Entered: 05/02/2023)

Order on Motion for Extension of Time to Answer or Otherwise Respond

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond To Plaintiffs' Verified Complaint And Demand For Jury Trial by Defendant John Kellner. (Tomsic, Ann) (Entered: 05/03/2023)

ORDER granting 52 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint . Defendant Michael Dougherty's answer due on or before 5/30/2023. SO ORDERED by Judge Daniel D. Domenico on 5/3/2023. Text Only Entry(dddlc5, ) (Entered: 05/03/2023)

ORDER granting 53 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond To Plaintiffs' Verified Complaint And Demand For Jury Trial. Defendant John Kellner's answer due on or before 5/30/2023. SO ORDERED by Judge Daniel D. Domenico on 5/3/2023. Text Only Entry(dddlc5, ) (Entered: 05/03/2023)

Order on Motion for Extension of Time to Answer or Otherwise Respond

Joint STATUS REPORT for Colorado Medical and Nursing Boards by Defendants Christopher A. Bates, Jennifer Blair, Nichele Bratton, Amy E. Colen, Beckett Czarnecki, Roland Flores, Bernard Joseph Franta, Phyllis Graham-Dickerson, Lori Rae Hamilton, Julie Ann Harper, Hayley Hitchcock, Anita Kumar, Donald Lefkowits, Hien H. Ly, Robert M. Maulitz, Maidul Mehmud, Amanda Mixon, Kian Modanlou, Brandy Valdez Murphy, Aecian Pendleton, Diane Reinhard, Lenny Rothermund, Saughar Samali, Kiely M. Schultz, Alan E. Shackelford, Alissa M. Shelton, Scott C. Strauss, Karrie Tomlin. (Urankar, Brian) (Entered: 05/22/2023)

ANSWER to 1 Complaint,,,,, by Michael Dougherty.(Hughes, David) (Entered: 05/30/2023)

MOTION to Dismiss by Defendant Beth McCann. (Attachments: # 1 Exhibit A Beth McCann Second Declaration)(Ringel, Andrew) (Entered: 05/30/2023)

1 Exhibit A Beth McCann Second Declaration

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Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,,,, (Second) by Defendant John Kellner. (Marks, Josh) (Entered: 05/30/2023)

NOTICE of Entry of Appearance by Geoffrey Charles Klingsporn on behalf of John KellnerAttorney Geoffrey Charles Klingsporn added to party John Kellner(pty:dft) (Klingsporn, Geoffrey) (Entered: 05/30/2023)

ORDER granting 59 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, (Second). John Kellner answer due 6/20/2023. SO ORDERED by Judge Daniel D. Domenico on 5/31/2023. Text Only Entry(dddlc5, ) (Entered: 05/31/2023)

Order on Motion for Extension of Time to Answer or Otherwise Respond

Unopposed MOTION for Extension of Time to Extend Response and Briefing Deadlines by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 06/07/2023)

ORDER granting 62 Motion for Extension of Time to File re 62 Unopposed MOTION for Extension of Time to Extend Response and Briefing Deadlines. The deadline for the State Defendants to answer or respond to the complaint shall be extended to June 20, 2023; Plaintiffs' response to Defendant McCann's motion to dismiss and any other motions to dismiss shall be due July 11, 2023; and any replies shall be due July 25, 2023. SO ORDERED by Judge Daniel D. Domenico on 6/7/2023. Text Only Entry(dddlc5, ) (Entered: 06/07/2023)

Order on Motion for Extension of Time to File

Joint STATUS REPORT COLORADO MEDICAL AND NURSING BOARDS JOINT STATUS REPORT by Defendants Nichele Bratton, Bernard Joseph Franta, Phyllis Graham-Dickerson, Lori Rae Hamilton, Hayley Hitchcock, Brandy Valdez Murphy, Aecian Pendleton, Diane Reinhard, Lenny Rothermund, Alissa M. Shelton, Karrie Tomlin. (Kenny, Elizabeth) (Entered: 06/08/2023)

Joint MOTION to Stay PROCEEDINGS PENDING RULEMAKING by Defendants Nichele Bratton, Bernard Joseph Franta, Phyllis Graham-Dickerson, Lori Rae Hamilton, Hayley Hitchcock, Brandy Valdez Murphy, Aecian Pendleton, Diane Reinhard, Lenny Rothermund, Alissa M. Shelton, Karrie Tomlin. (Kenny, Elizabeth) (Entered: 06/20/2023)

NOTICE of Entry of Appearance by Geoffrey Charles Klingsporn on behalf of John Kellner (Klingsporn, Geoffrey) (Entered: 06/20/2023)

MOTION to Dismiss by Defendant John Kellner. (Attachments: # 1 Exhibit 1 - Declaration of John E. Kellner)(Klingsporn, Geoffrey) (Entered: 06/20/2023)

1 Exhibit 1 - Declaration of John E. Kellner

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MOTION to Dismiss for Lack of Jurisdiction on the Subject-Matter, MOTION to Dismiss for Failure to State a Claim by Defendant Phil Weiser. (Attachments: # 1 Exhibit 1; SB 23-190, # 2 Exhibit 2; Transcript Excerpts - 4/24/23 Preliminary Injunction Hearing)(Sullivan, Grant) (Entered: 06/20/2023)

1 Exhibit 1; SB 23-190

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2 Exhibit 2; Transcript Excerpts - 4/24/23 Preliminary Injunction Hearing

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Unopposed MOTION for Leave to Exceed Word Count by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 06/29/2023)

ORDER granting 69 Motion for Leave to Exceed Word Limitation. Plaintiffs' consolidated response may not exceed 5,000 words. SO ORDERED by Judge Daniel D. Domenico on 6/29/2023. Text Only Entry(dddlc5, ) (Entered: 06/29/2023)

Order on Motion for Leave

RESPONSE to 58 MOTION to Dismiss, 67 MOTION to Dismiss, 68 MOTION to Dismiss for Lack of Jurisdiction on the Subject-Matter MOTION to Dismiss for Failure to State a Claim filed by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 07/11/2023)

RESPONSE to 65 Joint MOTION to Stay PROCEEDINGS PENDING RULEMAKING filed by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 07/11/2023)

STATUS REPORT COLORADO MEDICAL BOARDS STATUS REPORT by Defendants Christopher A. Bates, Jennifer Blair, Amy E. Colen, Beckett Czarnecki, Roland Flores, Julie Ann Harper, Anita Kumar, Donald Lefkowits, Hien H. Ly, Robert M. Maulitz, Maidul Mehmud, Amanda Mixon, Kian Modanlou, Saughar Samali, Kiely M. Schultz, Alan E. Shackelford, Scott C. Strauss. (Urankar, Brian) (Entered: 07/17/2023)

REPLY to Response to 65 Joint MOTION to Stay PROCEEDINGS PENDING RULEMAKING -DEFENDANT BOARD MEMBERS REPLY TO THE PLAINTIFFS RESPONSE [DOC. 72] TO THE MOTION TO STAY PROCEEDINGS filed by Defendants Christopher A. Bates, Jennifer Blair, Amy E. Colen, Beckett Czarnecki, Roland Flores, Julie Ann Harper, Anita Kumar, Donald Lefkowits, Hien H. Ly, Robert M. Maulitz, Maidul Mehmud, Amanda Mixon, Kian Modanlou, Saughar Samali, Kiely M. Schultz, Alan E. Shackelford, Scott C. Strauss. (Attachments: # 1 Exhibit 1)(Urankar, Brian) (Entered: 07/25/2023)

1 Exhibit 1

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REPLY to Response to 58 MOTION to Dismiss, 67 MOTION to Dismiss filed by Defendants John Kellner, Beth McCann. (Klingsporn, Geoffrey) (Entered: 07/25/2023)

REPLY to Response to 68 MOTION to Dismiss for Lack of Jurisdiction on the Subject-Matter MOTION to Dismiss for Failure to State a Claim filed by Defendant Phil Weiser. (Attachments: # 1 Exhibit 3, Transcript)(Sullivan, Grant) (Entered: 07/25/2023)

1 Exhibit 3, Transcript

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STATUS REPORT COLORADO BOARD OF NURSINGS STATUS REPORT by Defendants Nichele Bratton, Bernard Joseph Franta, Phyllis Graham-Dickerson, Lori Rae Hamilton, Hayley Hitchcock, Brandy Valdez Murphy, Aecian Pendleton, Diane Reinhard, Lenny Rothermund, Alissa M. Shelton, Karrie Tomlin. (Kenny, Elizabeth) (Entered: 08/16/2023)

Second STATUS REPORT COLORADO MEDICAL BOARDS SECOND STATUS REPORT by Defendants Christopher A. Bates, Jennifer Blair, Amy E. Colen, Beckett Czarnecki, Roland Flores, Julie Ann Harper, Anita Kumar, Donald Lefkowits, Hien H. Ly, Robert M. Maulitz, Maidul Mehmud, Amanda Mixon, Kian Modanlou, Saughar Samali, Kiely M. Schultz, Alan E. Shackelford, Scott C. Strauss. (Urankar, Brian) (Entered: 08/21/2023)

MOTION to Withdraw as Attorney by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Vitagliano, Daniel) (Entered: 08/24/2023)

ORDER granting 79 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Daniel Matthew Vitagliano as counsel of record, and to remove this name from the electronic certificate of mailing. Plaintiffs will continue to be represented by the remaining attorneys from the Becket Fund for Religious Liberty who have entered appearances on behalf of Plaintiffs. SO ORDERED by Judge Daniel D. Domenico on 8/25/2023. Text Only Entry(dddlc3, ) (Entered: 08/25/2023)

ORDER: Given the filing of Defendants' latest Status Report (Doc. 78 ), the Court orders the parties to submit a joint status report on or before September 1, 2023. That status report should address: (1) how the final rules adopted by the Colorado Medical Board impact the issues raised in the pending motions (Docs. 58, 65, 67, and 68 ), including whether the parties anticipate the need for additional briefing, and, if so, an agreed-upon briefing schedule; (2) whether Plaintiffs intend to file a motion for a preliminary injunction; and (3) any other matters that the parties wish to bring to the Court's attention at this time. SO ORDERED by Judge Daniel D. Domenico on 8/25/2023. Text Only Entry (dddlc3, ) (Entered: 08/25/2023)

Order on Motion to Withdraw as Attorney

Order

NOTICE of Substitution of Parties by Defendants Nichele Bratton, Bernard Joseph Franta, Phyllis Graham-Dickerson, Lori Rae Hamilton, Hayley Hitchcock, Brandy Valdez Murphy, Aecian Pendleton, Diane Reinhard, Lenny Rothermund, Alissa M. Shelton, Karrie Tomlin (Kenny, Elizabeth) (Entered: 08/28/2023)

MOTION to Withdraw as Attorney by Defendant Phil Weiser. (Hinchcliff, Abigail) (Entered: 08/31/2023)

ORDER GRANTING 83 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Abigail M. Hinchcliff as counsel of record, and to remove this name from the electronic certificate of mailing. Defendant Phil Weiser will continue to be represented by attorneys Michael Kotlarczyk and Grant T. Sullivan. SO ORDERED by Judge Daniel D. Domenico on 9/1/2023. Text Only Entry(dddlc3, ) (Entered: 09/01/2023)

Joint STATUS REPORT by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 09/01/2023)

Order on Motion to Withdraw as Attorney

Third STATUS REPORT COLORADO MEDICAL BOARDS THIRD STATUS REPORT by Defendants Christopher A. Bates, Jennifer Blair, Amy E. Colen, Beckett Czarnecki, Roland Flores, Julie Ann Harper, Anita Kumar, Donald Lefkowits, Hien H. Ly, Robert M. Maulitz, Maidul Mehmud, Amanda Mixon, Kian Modanlou, Saughar Samali, Kiely M. Schultz, Alan E. Shackelford, Scott C. Strauss. (Urankar, Brian) (Entered: 09/08/2023)

ORDER re 85 Joint Status Report. Given the parties' representations made in the 85 Status Report, the 65 Joint Motion to Stay is DENIED AS MOOT.It is FURTHER ORDERED that (1) Plaintiffs must seek leave to file an amended complaint and must file any renewed preliminary injunction motion on or before September 22, 2023; and (2) the parties must file a joint status report on or before September 22, 2023 regarding whether all Defendants have agreed to Plaintiffs' requested period of nonenforcement and proposed briefing schedule for their preliminary injunction motion. SO ORDERED by Judge Daniel D. Domenico on 9/14/2023. Text Only Entry(dddlc3, ) (Entered: 09/14/2023)

Order on Motion to Stay

Set/Reset Deadlines

***Set Deadlines pursuant to ECF 87: Status Report due by 9/22/2023. (cmadr, )