ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on Plaintiff's Forthwith Motion in re ex Parte Young Motion for Temporary Restraining Order and Preliminary Injunction [Docket No. 61]. In light of plaintiff's pro se status, the Court will construe plaintiff's motion liberally, but will not advocate for him. See Hall v. Bellmon, 935 F.2d 1106 , 1110 (10th Cir. 1991). The Court has already denied that portion of plaintiff's motion seeking a temporary...
ORDER AFFIRMING DENIAL OF BENEFITS WILLIAM J. MART NEZ , District Judge . In this case brought pursuant to 29 U.S.C. 1132 of the Employee Retirement Income Security Act of 1974 ("ERISA"), Plaintiff Justina Hand ("Hand") challenges the decision of Defendant CenturyLink to deny her request for short-term disability ("STD") insurance benefits. (ECF No. 1.) The matter is fully briefed and ripe for decision. ( See ECF Nos. 34-36.) For the reasons explained below, CenturyLink's denial of...
ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION PHILIP A. BRIMMER , District Judge . This matter is before the Court on the Recommendation of United States Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. 636(b)(1)(C). The Recommendation was served on December 8, 2016. No party has objected to the Recommendation. In the absence of an objection, the district court may review a magistrate...
ORDER REGARDING DEFENDANT'S MOTION TO DISMISS ALL CHARGES OR APPOINT COMPETENT COUNSEL GORDON P. GALLAGHER , Magistrate Judge . This matter comes before the Court on Defendant's motion to dismiss all charges or appoint competent counsel (ECF #130) 1 and the Government's response (ECF # 135). The Court has reviewed each of the aforementioned documents and any attachments. The Court has also considered the entire case file, the applicable law, and is sufficiently advised in the premises....
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on Defendant Ensign United States Drilling, Inc.'s (Ensign) Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56, in which Ensign contends that Plaintiff Pete Garcia presents no genuine dispute as to any material fact related to his age discrimination claim under the Age Discrimination in Employment Act (ADEA). (Doc. # 31.) For the following reasons, the...
RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE NINA Y. WANG , Magistrate Judge . This civil action is before the court on the following motions: 1. Defendant Sefton Resources, Inc.'s ("Sefton") Motion for Sanctions ("First Motion for Sanctions") [#75, filed May 12, 2016]; 2. Plaintiff John J. Ellerton's Motion to Dismiss Without Prejudice [#84, filed June 3, 2016]; 3. Sefton's Motion for Monetary Sanctions Under Federal Rule of Civil Procedure 37(d) ("Second Motion for...
ORDER DENYING SANCTIONS CHRISTINE M. ARGUELLO , District Judge . This matter comes before the Court on Defendant's Motion for Determination of Attorney Fee Award Pursuant to 28 U.S.C. 1927. (Doc. # 68.) On May 11, 2015, Plaintiff filed a response, and on May 20, 2015, Defendant submitted a reply. (Doc. ## 77, 78.) On May 20, 2015, Defendant filed a motion to strike its reply brief and filed an amended reply. (Doc. ## 79, 80.) Plaintiff filed a response, opposing Defendant's motion to...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO APPROVE CLASS NOTICE WILLIAM J. MARTINEZ , District Judge . Plaintiff John Teets ("Plaintiff") brings this lawsuit against Defendant Great-West Life & Annuity Insurance Company ("Defendant") for Defendant's alleged breaches of its fiduciary duties under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq. Currently before the Court is Plaintiff's "Motion for an Order Approving the Form and Manner...
ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on the Renewed Motion for Entry of Default and Default Judgment Against Head & Associates, P.C. [Docket No. 69] filed by plaintiff SecurityNational Mortgage Company ("SecurityNational"). This case arises out of plaintiff's claim for legal malpractice. The Court has jurisdiction pursuant to 28 U.S.C. 1332. I. BACKGROUND Plaintiff filed this action on November 5, 2013, asserting claims for professional negligence,...
MEMORANDUM OPINION AND ORDER Babcock , J. This case is before me on Plaintiffs DISH Network, L.L.C. and Echosphere, L.L.C.'s (collectively "DISH") Petition to Vacate Clause Construction Arbitration Award [Doc # 1]. After consideration of the Petition and all related pleadings, I deny the Petition. I. Background Defendant Matthew Ray ("Ray") worked as an inside sales associate for DISH until his employment was terminated in 2015. Following his termination, Ray sued DISH in this Court and...
ORDER REGARDING DEFENDANT'S MOTION TO RE-EXAMINE THE PROSECTION'S EXPERT WITNESSES GORDON P. GALLAGHER , Magistrate Judge . This matter comes before the Court on Defendant's motion to re-examine the Prosecution's expert witnesses (ECF #133) 1 and the Government's response (ECF # 135). The Court has reviewed each of the aforementioned documents and any attachments. The Court has also considered the entire case file, the applicable law, and is sufficiently advised in the premises. Oral...
ORDER ON PENDING SUMMARY JUDGMENT MOTIONS William J. Mart nez , United States District Judge . Plaintiff Jimmy Joseph Vasquez is an inmate in the custody of the Colorado Department of Corrections ("CDOC") and housed at the Sterling Correctional Facility ("Sterling"). (ECF No. 113 1.) He is infected with the hepatitis C virus ("HCV"). ( Id. 42.) Vasquez brings this lawsuit under the Eighth Amendment to the U.S. Constitution, alleging that various CDOC employees or former employees (...
ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on plaintiff's Motion for Relief Rule 60(d) for Fraud/Assault to the Court, and an Independent Action [Docket No. 76]. Plaintif f has filed five other motions and an objection requesting similar relief. See Docket No. 77 (objecting to the Court's order denying post-judgment motions); Docket No. 78 (requesting leave to address the Chief Judge of the United States Court of Federal Claims); Docket No. 79 (requesting...
ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on the plaintiff's Motion for Relief from Judgment Pursuant to Fed. R. Civ. P. Rule 60 [Docket No. 384], Motion for Leave to Supplement Complaint After Summary Judgment [Docket No. 387], and Motion for Leave to Exceed Page Limits and to Attach Exhibits to Plaintiff's Supplemental Prisoner Complaint [Docket No. 386]. The Court entered summary judgment in favor of the last remaining defendant, Dr. Thomas Fisher, on...
ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on the Motion for New Trial [Docket No. 323] filed by plaintiff Eric A. Heinrich. Plaintiff's sole basis for the motion is that defendant's closing argument was improper. I. BACKGROUND Plaintiff brought this products liability case against defendant Master Craft Engineering, Inc. ("Master Craft") and former defendants Auto Center Manufacturing Co. ("Auto Center"), Autocraft Manufacturing Co., Inc. ("Autocraft"),...
ORDER OVERRULING OBJECTION TO AND ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN , District Judge . The matters before me are (1) the Recommendation of United States Magistrate Judge [#38], 1 filed December 8, 2016; and (2) plaintiff's Objection thereto [#39], filed December 12, 2016. I overrule plaintiff's objection, adopt the recommendation, grant defendant's motion to for summary judgment, and dismiss this case. As required by 28 U.S.C. 636(b), I...
OPINION AND ORDER DENYING MOTION FOR RECONSIDERATION AND MOTION TO RESTRICT ACCESS MARCIA S. KRIEGER , Chief District Judge . THIS MATTER comes before the Court pursuant to Ms. Dorough's Motion for Reconsideration (# 83) of an oral ruling made by the Court at a December 6, 2016 Motion Hearing (# 82). At the time of this drafting, the Defendant's ("GEICO") time for responding under D.C. Colo. L. Civ. R. 7.1(d) had not yet run. Nevertheless, the Court is sufficiently advised as to the...
ORDER REGARDING THE CFTC'S MOTION TO EXTEND THE DEADLINE FOR SERVING REQUEST FOR ADMISSION PURSUANT TO FED. R. CIV. P. 6(b)(1)(B) GORDON P. GALLAGHER , Magistrate Judge . This matter comes before the Court on the CFTC's motion (ECF #116) 1 (which was referred to this Magistrate Judge (ECF #117)) and Defendant's response (ECF #118). The Court has reviewed each of the aforementioned documents and any attachments. The Court has also considered the entire case file, the applicable law, and is...
ORDER R. BROOKE JACKSON , District Judge . This order addresses defendants' motions for summary judgment regarding plaintiff's two claims, the first for breach of contract [ECF No. 46], and the second for unjust enrichment [ECF No. 47], in addition to plaintiff's cross motion for summary judgment on its claim for unjust enrichment [ECF No. 58]. Defendants' motion for summary judgment on the contract claim is denied. Because unjust enrichment is pled as an alternative to the contract claim,...
ORDER R. BROOKE JACKSON , District Judge . Defendants JW Ventures, LLC, John Provine and Charles Cunniffe move to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim on which relief could be granted. The motion is granted as to JW Ventures, LLC and granted in part but denied in part as to Mr. Provine and Mr. Cunniffe. BACKGROUND Michael Sedoy and Natalia Shvachko are a married couple whose primary residence allegedly is New York City. JW Ventures, LLC is a Colorado...
