ORDER RE MOTION TO STAY DISCOVERY MARK L. CARMAN , Magistrate Judge . This matter comes before the court on Monica Connell, the Board of County Commissioners for Jefferson County, and Jefferson County Human Services' (the "County Defendants") "Motion to Stay all Proceedings and Discovery Pending Determination of Entitlement to Qualified Immunity" (Doc. 76). This Motion was referred to the Magistrate Judge by memorandum (Doc. 77), dated November 14, 2017. The court has reviewed the Motion,...
OPINION AND ORDER NINA Y. WANG , Magistrate Judge . This matter comes before the court on the United States of America's ("United States" or "Defendant") Motion for Summary Judgment. [#57, filed May 10, 2017]. The Motion is before the court pursuant to the Order of Reference dated March 8, 2016 [#24], 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and D.C.COLO.LCivR 72.2. This court has carefully considered the Motion, the entire case file, and the applicable case law and, for the following...
ORDER TO DENYING DEFENDANT'S MOTION TO EXCLUDE LATENT FINGERPRINT IDENTIFICATION EVIDENCE CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on Defendant Casaus's Motion to Exclude Latent Fingerprint Identification Evidence (Doc. # 517). 1 Essentially, Defendant Casaus asks this Court to find that the fingerprint methodology used by the FBI, commonly known as the ACE-V method, is per se unreliable and therefore inadmissible. Keeping in line with the majority of...
ORDER DENYING PLAINTIFF'S AND COUNTERCLAIM DEFENDANTS' MOTION FOR NEW TRIAL WILLIAM J. MART NEZ , District Judge . This business dispute brought under 28 U.S.C. 1332 proceeded to a jury trial March 13-24, 2017, and a jury verdict entered on the parties' legal claims. (ECF No. 355.) Following post-trial briefing, the Court entered its own rulings on the parties' equitable claims, and Final Judgment entered November 20, 2017. ( See ECF Nos. 392 & 393.) Now before the Court is the Motion...
ORDER RAYMOND P. MOORE , District Judge . Plaintiffs' Application (ECF No. 22) seeks a charging order, asserting it may be had ex parte but cites to no legal authority and provides no analysis in support. Upon the Court's review of First Nat'l Bank of Denver v. District Court, 652 P.2d 613 (Colo. 1982) and Phillips v. Phillips, 400 P.2d 450 (Colo. 1964), it finds an ex parte order may not be had. Instead, "notice to the persons whose rights might be adversely affected by the...
ORDER TO DISMISS IN PART AND FOR ANSWER WILLIAM J. MARTINEZ , District Judge . Mr. Straub initiated this habeas corpus action, pro se, on January 9, 2014, challenging the validity of his convictions in the District Court of Denver County, Colorado. (Docket No. 1). He submitted an Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254, on January 30, 2014. (Docket No. 4). Mr. Straub has paid the $5.00 filing fee. At the time of filing, the ineffective assistance of...
ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT R. BROOKE JACKSON , District Judge . THE COURT, having reviewed Plaintiff's Motion for Default Judgment, ("Motion") [ECF No. 39], and following the status conference held on December 20, 2017, and the Court being fully advised of the premises, and finding that good cause exists: DOES HEREBY GRANT Plaintiff's Motion. The Court DECLARES that DISH Network L.L.C. ("DISH") timely renewed the parties' International Affiliation Agreement (...
ORDER ADOPTING NOVEMBER 17, 2017 RECOMMENDATION OF MAGISTRATE JUDGE AND GRANTING SUMMARY JUDGMENT WILLIAM J. MART NEZ , District Judge . This matter is before the Court on the November 17, 2017 Recommendation of United States Magistrate Judge Kathleen M. Tafoya ("Recommendation," ECF No. 73) that the Motion for Summary Judgment filed by Defendant, Kaiser Foundation Hospitals Technology Risk Office (Defendant, or "Kaiser") (ECF No. 40) should be granted. The Recommendation is incorporated...
ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on Defendants' Motion in Limine to Preclude New, Undisclosed, and Unsupported Theory on Informed Consent Raised During the Final Trial Preparation Conference [Docket No. 115]. Defendants request that the Court bar plaintiffs from presenting evidence and arguing that defendant Warren M. Hern should have informed plaintiff Jennifer DeBuhr that she could have stopped the procedure and returned to Nebraska to com...
ORDER DENYING MOTION TO STRIKE AND DENYING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE WILLIAM J. MARTINEZ , District Judge . This is a securities fraud case that Plaintiff Securities and Exchange Commission ("SEC") has brought against Taj "Jerry" Mahabub ("Mahabub") and the company he founded, GenAudio, Inc. ("GenAudio") (together, "Defendants"). This case is deceptively complicated because, although it is beyond dispute that Mahabub sometimes lied about certain of GenAudio's business...
ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the Motion for the Appointment [of] Appellate Counsel [Docket No. 212], wherein the defendant, through his stand-by counsel, asks this Court to appoint appellate counsel. Mr. Banta's appointm ent as stand-by counsel continues during appeal unless he seeks leave to withdraw. See 10th Cir. R. 46.3(A). If the defendant is seeking the appointment of an appellate attorney to represent him, he must file a motion...
ORDER REVERSING ADMINISTRATIVE LAW JUDGE'S DECISION AND REMANDING TO THE COMMISSIONER WILLIAM J. MART NEZ , District Judge . This is a social security benefits appeal brought under 42 U.S.C. 405(g). Plaintiff Richard Chavez ("Plaintiff") challenges the final decision of Defendant, the Acting Commissioner of Social Security ("Commissioner") denying her application for supplemental social security income benefits. The denial was affirmed by an Administrative Law Judge ("ALJ"), who found...
ORDER ON PENDING MOTIONS R. BROOKE JACKSON , District Judge . This matter is before the Court on four motions: iCarpets' motions for partial summary judgment on Vehicle Projects' breach of contract claim and on the measure of damages [ECF Nos. 26, 27]; and Vehicle Projects' motions for summary judgment and for sanctions [ECF Nos. 28, 29]. For the reasons stated herein, the Court GRANTS iCarpets' first motion for partial summary judgment on Vehicle Projects' breach of contract claim; GRANTS...
MEMORANDUM OPINION AND ORDER Babcock , District Judge . Plaintiff James Nguyen brought this case against the City and County of Denver, Colorado ("Denver"), alleging employment discrimination under the Americans with Disabilities Act, 42 U.S.C.A. 12101 et. seq. (the "ADA") and the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq. Denver moved for summary judgment, arguing that Officer Nguyen cannot not demonstrate he was qualified to be a Denver Police Department ("DPD") officer, even...
ORDER NINA Y. WANG , Magistrate Judge . This matter is before the court on Defendants Von Honnecke, Chase Honnecke, and S&H Sheet Metal, Inc.'s (collectively, "Defendants") Motion for Two-Day Extension of Time (the "Motion"), filed December 4, 2017 [#129], which is before the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b), the Order of Referring Case dated March 28, 2016 [#21], and the memorandum dated December 11, 2017 [#132]. This court has reviewed the Motion and related...
ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on defendant's Motion to Complete the Record Part Two of Two [Docket No. 208]. In light of defendant's pro se status, the Court construes his motion liberally. See Haines v. Kerner, 404 U.S. 519 , 520 (1972); Hall v. Bellmon, 935 F.2d 1106 , 1110 (10th Cir. 1991). Defendant requests that the Court accept as filed certain materials that he claims support a finding of prejudice in relation to his argument...
ORDER GRANTING PLAINTIFF'S RENEWED MOTION TO REMAND CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on Plaintiff Martines Palmeiro Construction, LLC's ("MPC") Renewed Emergency Motion to Remand. (Doc. # 32.) Because MPC's Amended Complaint raises only a state law trespass claim, this Court no longer has jurisdiction and accordingly grants the motion and remands the case to state court. I. BACKGROUND On October 30, 2017, Defendants Southwest Regional Council...
ORDER TO SHOW CAUSE PHILIP A. BRIMMER , District Judge . The Court takes up this matter sua sponte on plaintiff's complaint [Docket No. 1]. Plaintiff states that the Court has subject matter jurisdiction over this lawsuit pursuant to 28 U.S.C. 1332(a)(1). Docket No. 1 at 1, 3. In every case and at every stage of the proceeding, a federal court must satisfy itself as to its own jurisdiction, even if doing so requires sua sponte action. Citizens Concerned for Separation of Church &...
ORDER TO SHOW CAUSE PHILIP A. BRIMMER , District Judge . This matter is before the Court on the Response to Order to Show Cause [Docket No. 37] filed by plaintiff David H. Hanson. Plaintiff states that the Court has subject matter jurisdiction over this lawsuit pursuant to 28 U.S.C. 1332(a). Docket No. 37-1 at 1-2, 1. 1 Plaintiff attaches a draft second amended complaint to his response. Docket No. 37-1. Plaintiff has made no motion to amend his complaint and, regardless, plaintiff's...
ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on Mountain Coal Company's Unopposed Motion to Intervene as a Defendant [Docket No. 6]. This case challenges regulatory decisions, an exploration plan, and lease modifications that would allow expanded coal exploration in the Sunset Roadless Area on national forest lands in western Colorado. See Docket No. 1. Mountain Coal Company LLC ("Mountain Coal") states that it is a leaseholder of one of the modified leases....
