Case: Griffith v. El Paso County Colorado

1:21-cv-00387 | U.S. District Court for the District of Colorado

Filed Date: Feb. 8, 2021

Closed Date: March 27, 2023

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) This case concerns the availability of compensatory damages for emotional distress under the Americans with Disabilities Act (ADA). 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59237030/parties/griffith-v-el-paso-county-colorado/


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Documents in the Clearinghouse

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59237030/griffith-v-el-paso-county-colorado/

Last updated April 24, 2025, 10:18 a.m.

ECF Number Description Date Link Date / Link
1

PRISONER COMPLAINT against Pete Carey, Bill Elder, CY Gillespie, Andrew Prehm, filed by Darlene Griffith. (Attachments: # 1 Envelope)(alave, ) (Entered: 02/08/2021)

1 Envelope

View on PACER

Feb. 8, 2021

Feb. 8, 2021

RECAP
1

PRISONER COMPLAINT against Pete Carey, Bill Elder, CY Gillespie, Andrew Prehm, filed by Darlene Griffith. (Attachments: # 1 Envelope)(alave, ) (Entered: 02/08/2021)

1 Envelope

View on PACER

Feb. 8, 2021

Feb. 8, 2021

RECAP
2

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (alave, ) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
2

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (alave, ) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
3

Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Darlene Griffith. (Attachments: # 1 Resident Account Statement)(alave, ) (Entered: 02/08/2021)

1 Resident Account Statement

View on PACER

Feb. 8, 2021

Feb. 8, 2021

PACER
3

Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Darlene Griffith. (Attachments: # 1 Resident Account Statement)(alave, ) (Entered: 02/08/2021)

1 Resident Account Statement

View on PACER

Feb. 8, 2021

Feb. 8, 2021

PACER
4

Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Darlene Griffith. (alave, ) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
4

Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Darlene Griffith. (alave, ) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
5

ORDER Granting 3 Motion for Leave to Proceed Under 28 U.S.C. § 1915. The Clerk of Court send a copy of this order to the Business Office, Attn: Inmate Accounts, El Paso County Criminal Justice Center,Colorado Springs, Colorado. The Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 (ECF No. 4 ) is DENIED as improperly filed. By Magistrate Judge Gordon P. Gallagher on 02/09/2021. (athom, ) (mailed to facility as ordered) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
5

ORDER Granting 3 Motion for Leave to Proceed Under 28 U.S.C. § 1915. The Clerk of Court send a copy of this order to the Business Office, Attn: Inmate Accounts, El Paso County Criminal Justice Center,Colorado Springs, Colorado. The Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 (ECF No. 4 ) is DENIED as improperly filed. By Magistrate Judge Gordon P. Gallagher on 02/09/2021. (athom, ) (mailed to facility as ordered) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
6

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT. If Plaintiff fails to file an amended complaint that complies with this order within the time allowed, some or all of this action may be dismissed without further notice based on the allegations of the original Prisoner Complaint. By Magistrate Judge Gordon P. Gallagher on 02/11/2021. (athom, ) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
6

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT. If Plaintiff fails to file an amended complaint that complies with this order within the time allowed, some or all of this action may be dismissed without further notice based on the allegations of the original Prisoner Complaint. By Magistrate Judge Gordon P. Gallagher on 02/11/2021. (athom, ) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
7

RESPONSE to 5 Order on Motion for Leave to Proceed in Forma Pauperis, by Plaintiff Darlene Griffith. (athom, ) (Entered: 02/19/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
7

RESPONSE to 5 Order on Motion for Leave to Proceed in Forma Pauperis, by Plaintiff Darlene Griffith. (athom, ) (Entered: 02/19/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
8

MOTION for Appointment of Counsel by Plaintiff Darlene Griffith. (athom, ) (Entered: 02/19/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
8

MOTION for Appointment of Counsel by Plaintiff Darlene Griffith. (athom, ) (Entered: 02/19/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
9

AMENDED Prisoner COMPLAINT against Cynthia Ayad, Bradberry, Eric Carnell, Drapper, Aaron Earnheart, K. Forrell, Francs, Cy Gillespie, James, Motta, Liz O'Neal, Sterling, filed by Darlene Griffith. (athom, ) (Entered: 03/05/2021)

March 4, 2021

March 4, 2021

PACER
9

AMENDED Prisoner COMPLAINT against Cynthia Ayad, Bradberry, Eric Carnell, Drapper, Aaron Earnheart, K. Forrell, Francs, Cy Gillespie, James, Motta, Liz O'Neal, Sterling, filed by Darlene Griffith. (athom, ) (Entered: 03/05/2021)

March 4, 2021

March 4, 2021

PACER
10

MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on 03/11/2021. Pursuant to D.C.COLO.LCivR 8.1, the Clerk of Court is directed to assign this matter to Senior Judge Lewis T. Babcock. The undersigned will remain as the assigned magistrate judge. (athom, ) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
10

MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on 03/11/2021. Pursuant to D.C.COLO.LCivR 8.1, the Clerk of Court is directed to assign this matter to Senior Judge Lewis T. Babcock. The undersigned will remain as the assigned magistrate judge. (athom, ) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
11

ORDER of Reference to United States Magistrate Judge Gordon P. Gallagher. By Judge Lewis T. Babcock on 03/12/2021. All future pleadings should be designated as 21-cv-00387-LTB-GPG. (athom, ) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
11

ORDER of Reference to United States Magistrate Judge Gordon P. Gallagher. By Judge Lewis T. Babcock on 03/12/2021. All future pleadings should be designated as 21-cv-00387-LTB-GPG. (athom, ) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
12

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 9 Amended Complaint filed by Darlene Griffith. By Magistrate Judge Gordon P. Gallagher on 03/12/2021. (athom, ) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
12

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 9 Amended Complaint filed by Darlene Griffith. By Magistrate Judge Gordon P. Gallagher on 03/12/2021. (athom, ) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
13

MOTION for Emergency Preliminary Injunction and Permanent Injunction Relief by Plaintiff Darlene Griffith. (athom, ) (Entered: 03/25/2021)

March 24, 2021

March 24, 2021

PACER
13

MOTION for Emergency Preliminary Injunction and Permanent Injunction Relief by Plaintiff Darlene Griffith. (athom, ) (Entered: 03/25/2021)

March 24, 2021

March 24, 2021

PACER
14

MOTION to Make this Action Class Action to Similarly Situated Persons by Plaintiff Darlene Griffith. (athom, ) (Entered: 03/25/2021)

March 24, 2021

March 24, 2021

PACER
14

MOTION to Make this Action Class Action to Similarly Situated Persons by Plaintiff Darlene Griffith. (athom, ) (Entered: 03/25/2021)

March 24, 2021

March 24, 2021

PACER
15

ORDER that Plaintiff's "Motion for Emergency Preliminary Injunction and Permanent Injunctive Relief" (ECF No. 13 ) and "Motion to Make this Action Class Action to Similarly Situated Person(s)"(ECF No. 14 ) are DENIED. That Plaintiff shall have 14 days from the date of this order to file any written objections to the Recommendation of United States Magistrate Judge (ECF No. 12 ), by Judge Lewis T. Babcock on 3/29/2021.(evana, ) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
15

ORDER that Plaintiff's "Motion for Emergency Preliminary Injunction and Permanent Injunctive Relief" (ECF No. 13 ) and "Motion to Make this Action Class Action to Similarly Situated Person(s)"(ECF No. 14 ) are DENIED. That Plaintiff shall have 14 days from the date of this order to file any written objections to the Recommendation of United States Magistrate Judge (ECF No. 12 ), by Judge Lewis T. Babcock on 3/29/2021.(evana, ) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
16

ORDER TO DISMISS IN PART AND TO DRAW CASE. The Recommendation of United States Magistrate Judge (ECF No. 12 ) is accepted and adopted. The Amended Prisoner Complaint (ECF No. 9 ) is dismissed without prejudice in part and drawn in part follows. The claims asserted against Defendants Jane Doe (Deputy), John Doe (Deputy), and Drapper (Deputy) are drawn to a presiding judge. See D.C.COLO.LCivR 8.1(c). The claims asserted Defendants ERIC CARNELL (LIEUTENANT), CYNTHIA AYAD (SGT.), CY GILLESPIE (COMMANDER FOR INMATE CLASS), LIZ O'NEAL (MANAGE FOR INMATE CLASS), AARON EARNHEART (SGT.), JOHN DOE (SGT. FOR INTAKE), MS. K FORRELL (PREA INVESTIGATOR), MR. STERLING (DEPUTY), MR. FRANCS (DEPUTY), MS. MOTTA (DEPUTY), MS. BRADBERRY (DEPUTY), and MS. JAMES (DEPUTY) are dismissed without prejudice for failure to comply with the pleading requirements of Rule 8, and these Defendants are dismissed as parties to this action. By Judge Lewis T. Babcock on 04/19/2021. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 21-cv-00387-NRN. (athom, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
16

ORDER TO DISMISS IN PART AND TO DRAW CASE. The Recommendation of United States Magistrate Judge (ECF No. 12 ) is accepted and adopted. The Amended Prisoner Complaint (ECF No. 9 ) is dismissed without prejudice in part and drawn in part follows. The claims asserted against Defendants Jane Doe (Deputy), John Doe (Deputy), and Drapper (Deputy) are drawn to a presiding judge. See D.C.COLO.LCivR 8.1(c). The claims asserted Defendants ERIC CARNELL (LIEUTENANT), CYNTHIA AYAD (SGT.), CY GILLESPIE (COMMANDER FOR INMATE CLASS), LIZ O'NEAL (MANAGE FOR INMATE CLASS), AARON EARNHEART (SGT.), JOHN DOE (SGT. FOR INTAKE), MS. K FORRELL (PREA INVESTIGATOR), MR. STERLING (DEPUTY), MR. FRANCS (DEPUTY), MS. MOTTA (DEPUTY), MS. BRADBERRY (DEPUTY), and MS. JAMES (DEPUTY) are dismissed without prejudice for failure to comply with the pleading requirements of Rule 8, and these Defendants are dismissed as parties to this action. By Judge Lewis T. Babcock on 04/19/2021. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 21-cv-00387-NRN. (athom, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
17

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
17

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
18

ORDER SETTING STATUS CONFERENCE FOR PRO SE PLAINTIFF by Magistrate Judge N. Reid Neureiter on 19 April 2021. Consent Form due by 5/25/2021. Status Conference set for 6/8/2021 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
18

ORDER SETTING STATUS CONFERENCE FOR PRO SE PLAINTIFF by Magistrate Judge N. Reid Neureiter on 19 April 2021. Consent Form due by 5/25/2021. Status Conference set for 6/8/2021 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
19

CERTIFICATE of Service by mail by Clerk of Court re 18 to CASE MANAGER/ INMATE COORDINATOR OF: Darlene Griffith #0275824 El Paso County Criminal Justice Center 2739 East Las Vegas Street Colorado Springs, CO 80906. Text Only Entry (cmadr, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
19

CERTIFICATE of Service by mail by Clerk of Court re 18 to CASE MANAGER/ INMATE COORDINATOR OF: Darlene Griffith #0275824 El Paso County Criminal Justice Center 2739 East Las Vegas Street Colorado Springs, CO 80906. Text Only Entry (cmadr, ) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
20

CERTIFICATE of Service by Clerk of Court re 16 Order to Dismiss in Part and to Draw Case 9 Amended Prisoner Complaint, 12 Recommendation of United States Magistrate Judge 18 Order Setting Status Conference for Service of Process. (trvo, ) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
20

CERTIFICATE of Service by Clerk of Court re 16 Order to Dismiss in Part and to Draw Case 9 Amended Prisoner Complaint, 12 Recommendation of United States Magistrate Judge 18 Order Setting Status Conference for Service of Process. (trvo, ) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
21

WAIVER OF SERVICE Returned Executed. Drapper waiver sent on 4/21/2021, answer due 6/20/2021. (cmadr, ) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
21

WAIVER OF SERVICE Returned Executed. Drapper waiver sent on 4/21/2021, answer due 6/20/2021. (cmadr, ) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
22

NOTICE of Entry of Appearance by Terry Angela Sample on behalf of DrapperAttorney Terry Angela Sample added to party Drapper(pty:dft) (Sample, Terry) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
22

NOTICE of Entry of Appearance by Terry Angela Sample on behalf of DrapperAttorney Terry Angela Sample added to party Drapper(pty:dft) (Sample, Terry) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
23

NOTICE of Entry of Appearance by Christopher Michael Strider on behalf of DrapperAttorney Christopher Michael Strider added to party Drapper(pty:dft) (Strider, Christopher) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
23

NOTICE of Entry of Appearance by Christopher Michael Strider on behalf of DrapperAttorney Christopher Michael Strider added to party Drapper(pty:dft) (Strider, Christopher) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
24

CONSENT to Jurisdiction of Magistrate Judge by Defendant Drapper All parties do not consent.. (Sample, Terry) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
24

CONSENT to Jurisdiction of Magistrate Judge by Defendant Drapper All parties do not consent.. (Sample, Terry) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
25

CASE REASSIGNED pursuant to 24 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 21-cv-00387-CMA. (Text Only Entry) (cmadr, ) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
25

CASE REASSIGNED pursuant to 24 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 21-cv-00387-CMA. (Text Only Entry) (cmadr, ) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
26

ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter is designated to conduct ALLMTN 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 5/26/2021. Text Only Entry (cmasec) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
26

ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter is designated to conduct ALLMTN 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 5/26/2021. Text Only Entry (cmasec) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
27

MEMORANDUM regarding 8 MOTION to Appoint Counsel filed by Darlene Griffith. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Christine M. Arguello on 5/26/2021. Text Only Entry (cmasec) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
27

MEMORANDUM regarding 8 MOTION to Appoint Counsel filed by Darlene Griffith. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Christine M. Arguello on 5/26/2021. Text Only Entry (cmasec) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER

Order Referring Case to Magistrate Judge

May 26, 2021

May 26, 2021

PACER

Order Referring Case to Magistrate Judge

May 26, 2021

May 26, 2021

PACER

Memorandum

May 26, 2021

May 26, 2021

PACER

Memorandum

May 26, 2021

May 26, 2021

PACER
28

APPOINTMENT ORDER by Magistrate Judge N. Reid Neureiter on 8 June 2021. It is hereby ORDERED that Plaintiff's Motion for Appointment of Counsel (Dkt. # 8 ) is GRANTED. Accordingly, it is further ORDERED that pursuant to D.C.COLO.LAttyR 15(f)(2), the Clerk shall select, notify, and appoint counsel to represent the unrepresented party in this civil matter. The Plaintiff is advised that the Clerk will select counsel from the Panel; however, there is no guarantee that Panel members will undertake representation in every case. The Court cautions Plaintiff that she remains responsible for all scheduled matters, including hearings, depositions, motions, and trial.(cmadr, ) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
28

APPOINTMENT ORDER by Magistrate Judge N. Reid Neureiter on 8 June 2021. It is hereby ORDERED that Plaintiff's Motion for Appointment of Counsel (Dkt. # 8 ) is GRANTED. Accordingly, it is further ORDERED that pursuant to D.C.COLO.LAttyR 15(f)(2), the Clerk shall select, notify, and appoint counsel to represent the unrepresented party in this civil matter. The Plaintiff is advised that the Clerk will select counsel from the Panel; however, there is no guarantee that Panel members will undertake representation in every case. The Court cautions Plaintiff that she remains responsible for all scheduled matters, including hearings, depositions, motions, and trial.(cmadr, ) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
29

COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 6/8/2021. Telephonic Motion Hearing set for 8/24/2021 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. FTR: Courtroom C203. (slibi, ) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
29

COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 6/8/2021. Telephonic Motion Hearing set for 8/24/2021 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. FTR: Courtroom C203. (slibi, ) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
30

CONSENT to Jurisdiction of Magistrate Judge by Defendant Drapper All parties consent.. (Sample, Terry) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
30

CONSENT to Jurisdiction of Magistrate Judge by Defendant Drapper All parties consent.. (Sample, Terry) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
31

ORDER OF REFERENCE TO 28 U.S.C. § 636(c). On May 25, 2021 and June 15, 2021, the parties notified the Court of their unanimous consent to disposition of the instant action by a United States Magistrate Judge (Docs. ## 24, 30 ). The above action is referred for disposition to Magistrate Judge N. Reid Neureiter pursuant to 28 U.S.C. § 636(c), by Judge Christine M. Arguello on 6/15/2021. (evana, ) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
31

ORDER OF REFERENCE TO 28 U.S.C. § 636(c). On May 25, 2021 and June 15, 2021, the parties notified the Court of their unanimous consent to disposition of the instant action by a United States Magistrate Judge (Docs. ## 24, 30 ). The above action is referred for disposition to Magistrate Judge N. Reid Neureiter pursuant to 28 U.S.C. § 636(c), by Judge Christine M. Arguello on 6/15/2021. (evana, ) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
32

MOTION to Dismiss by Defendant Drapper. (Strider, Christopher) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER
32

MOTION to Dismiss by Defendant Drapper. (Strider, Christopher) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER
33

MOTION for Summary Judgment by Plaintiff Darlene Griffith. (evana, ) (Entered: 07/16/2021)

July 15, 2021

July 15, 2021

PACER
33

MOTION for Summary Judgment by Plaintiff Darlene Griffith. (evana, ) (Entered: 07/16/2021)

July 15, 2021

July 15, 2021

PACER
34

CERTIFICATE of Mailing/Service of Defendant's Motion to Dismiss by Defendant Drapper. (Strider, Christopher) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
34

CERTIFICATE of Mailing/Service of Defendant's Motion to Dismiss by Defendant Drapper. (Strider, Christopher) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
35

MOTION for Extension of Time to File Opposition to 32 Motion to Dismiss by Plaintiff Darlene Griffith. (cmadr, ) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
35

MOTION for Extension of Time to File Opposition to 32 Motion to Dismiss by Plaintiff Darlene Griffith. (cmadr, ) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
36

Minute ORDER by Magistrate Judge N. Reid Neureiter on 21 July 2021. It is hereby ORDERED that Plaintiff's Motion for Extension of Time to File Opposition to Defendant's Motion to Dismiss (Dkt. # 35 ) is GRANTED as follows. Plaintiff's response to Defendants Motion to Dismiss Amended Complaint (Dkt. # 32 ) is due on or before August 6, 2021. The Court declines Plaintiff's invitation to order sanctions against Defendant. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
36

Minute ORDER by Magistrate Judge N. Reid Neureiter on 21 July 2021. It is hereby ORDERED that Plaintiff's Motion for Extension of Time to File Opposition to Defendant's Motion to Dismiss (Dkt. # 35 ) is GRANTED as follows. Plaintiff's response to Defendants Motion to Dismiss Amended Complaint (Dkt. # 32 ) is due on or before August 6, 2021. The Court declines Plaintiff's invitation to order sanctions against Defendant. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
37

Opposition (sic) to 32 MOTION to Dismiss filed by Plaintiff Darlene Griffith. (cmadr, ) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
37

Opposition (sic) to 32 MOTION to Dismiss filed by Plaintiff Darlene Griffith. (cmadr, ) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
38

Notice of Pro Bono Appointment. Attorney Andrew McNulty of the law firm of Killmer Lane & Newman LLP has been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of June 8, 2021 and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel has thirty days to either enter an appearance in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (ebutl) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
38

Notice of Pro Bono Appointment. Attorney Andrew McNulty of the law firm of Killmer Lane & Newman LLP has been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of June 8, 2021 and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel has thirty days to either enter an appearance in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (ebutl) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
39

Minute ORDER by Magistrate Judge N. Reid Neureiter on 18 August 2021. In light of the Notice of Pro Bono Appointment (Dkt. # 38 ), it is hereby ORDERED that the Motion Hearing set for August 24, 2021 at 11:00 a.m. is VACATED. A Status Conference is set for September 30, 2021 at 9:30 a.m. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

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39

Minute ORDER by Magistrate Judge N. Reid Neureiter on 18 August 2021. In light of the Notice of Pro Bono Appointment (Dkt. # 38 ), it is hereby ORDERED that the Motion Hearing set for August 24, 2021 at 11:00 a.m. is VACATED. A Status Conference is set for September 30, 2021 at 9:30 a.m. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

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REPLY to Response to 32 MOTION to Dismiss filed by Defendant Drapper. (Strider, Christopher) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

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REPLY to Response to 32 MOTION to Dismiss filed by Defendant Drapper. (Strider, Christopher) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

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41

NOTICE of Entry of Appearance by Andrew Joseph McNulty on behalf of Darlene GriffithAttorney Andrew Joseph McNulty added to party Darlene Griffith(pty:pla) (McNulty, Andrew) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

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NOTICE of Entry of Appearance by Andrew Joseph McNulty on behalf of Darlene GriffithAttorney Andrew Joseph McNulty added to party Darlene Griffith(pty:pla) (McNulty, Andrew) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

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42

MINUTE ORDER. The upcoming Status Conference on September 30, 2021 at 9:30 a.m. in this matter shall be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge N. Reid Neureiter on September 24, 2021. Text Only Entry. (rvill, ) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

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MINUTE ORDER. The upcoming Status Conference on September 30, 2021 at 9:30 a.m. in this matter shall be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge N. Reid Neureiter on September 24, 2021. Text Only Entry. (rvill, ) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

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Minute Order

Sept. 24, 2021

Sept. 24, 2021

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Minute Order

Sept. 24, 2021

Sept. 24, 2021

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43

NOTICE of Entry of Appearance by Nathan James Whitney on behalf of DrapperAttorney Nathan James Whitney added to party Drapper(pty:dft) (Whitney, Nathan) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

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NOTICE of Entry of Appearance by Nathan James Whitney on behalf of DrapperAttorney Nathan James Whitney added to party Drapper(pty:dft) (Whitney, Nathan) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

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44

COURTROOM MINUTES for Telephonic Status Conference held before Magistrate Judge N. Reid Neureiter on 9/30/2021. Plaintiff shall file Amended Complaint by October 4, 2021. Defendants shall be served by October 22, 2021. A Telephonic Status Conference is set for November 10, 2021 at 2:30 p.m. before Magistrate Judge N. Reid Neureiter. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. FTR: Courtroom C203. (rvill, ) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

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COURTROOM MINUTES for Telephonic Status Conference held before Magistrate Judge N. Reid Neureiter on 9/30/2021. Plaintiff shall file Amended Complaint by October 4, 2021. Defendants shall be served by October 22, 2021. A Telephonic Status Conference is set for November 10, 2021 at 2:30 p.m. before Magistrate Judge N. Reid Neureiter. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. FTR: Courtroom C203. (rvill, ) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

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45

Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiff Darlene Griffith. (McNulty, Andrew) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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45

Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiff Darlene Griffith. (McNulty, Andrew) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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46

AMENDED COMPLAINT Second Amended Complaint against Drapper, Bill Elder, Cy Gillespie, El Paso County Colorado, Wellpath LLC, Christine Mohr, Doctor Jane Roe, filed by Darlene Griffith.(McNulty, Andrew) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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AMENDED COMPLAINT Second Amended Complaint against Drapper, Bill Elder, Cy Gillespie, El Paso County Colorado, Wellpath LLC, Christine Mohr, Doctor Jane Roe, filed by Darlene Griffith.(McNulty, Andrew) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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Minute ORDER by Magistrate Judge N. Reid Neureiter on 4 October 2021. is hereby ORDERED that Plaintiff's Motion for Leave to File Second Amended Complaint (Dkt. # 45 ) is GRANTED finding good cause shown. Plaintiff's Second Amended Complaint and Jury Demand (Dkt. # 46 ) is ACCEPTED as the operative pleading in this case. The Clerk shall amend the case caption accordingly. It is further ORDERED that Defendants' Motion to Dismiss (Dkt. # 32 ) is DENIED as moot. It is further ORDERED that Plaintiff's Motion for Summary Judgment (Dkt. # 33 ), which Plaintiff filed before counsel entered his appearance on her behalf, is DENIED WITHOUT PREJUDICE for failing to comply with Rule 56(c). PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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47

Minute ORDER by Magistrate Judge N. Reid Neureiter on 4 October 2021. is hereby ORDERED that Plaintiff's Motion for Leave to File Second Amended Complaint (Dkt. # 45 ) is GRANTED finding good cause shown. Plaintiff's Second Amended Complaint and Jury Demand (Dkt. # 46 ) is ACCEPTED as the operative pleading in this case. The Clerk shall amend the case caption accordingly. It is further ORDERED that Defendants' Motion to Dismiss (Dkt. # 32 ) is DENIED as moot. It is further ORDERED that Plaintiff's Motion for Summary Judgment (Dkt. # 33 ), which Plaintiff filed before counsel entered his appearance on her behalf, is DENIED WITHOUT PREJUDICE for failing to comply with Rule 56(c). PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

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Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Healthcare Access and Reproductive Issues

Prison Conditions

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Feb. 8, 2021

Closing Date: March 27, 2023

Issues

LGBTQ+:

LGBTQ+