D. Colo. 1:16-cv-02372 Case History

303 Creative v. Elenis 
No. 1:16-cv-02372, Docket 
Court: District of Colorado (Denver)

Assigned to: Judge Philip A. Brimmer
     (previously Judge Charlotte N. Sweeney, recused 10/31/23)
(previously Judge Marcia S. Krieger, reassigned 08/18/23)
(previously Judge Lewis T. Babcock, reassigned 10/5/16: senior judge requests reassignment)
(previously Magistrate Judge Shaffer, reassigned 10/5/16: non-consent to magistrate)
Referred to: Magistrate Judge Susan Prose (as of 10/31/23)
     (previously Magistrate Judge Craig B. Shaffer, no longer referred as of 11/12/17)

Associated Case:
303 Creative v. Elenis, No. 17-1344, Docket (10th Cir.) 

COMPLAINT and ANSWERS

• Complaint (09/20/2016)

PRELIMINARY INJUNCTION (denied, with leave to renew)

• Plaintiffs’ Motion and Brief in Support (09/20/2016)
• Defendants’ Response in Opposition (10/19/2016)
• Plaintiffs’ Reply  (11/02/2016)

• Hearing held January 11, 2017; Minutes; TRANSCRIPT
  • The parties addressed: (i) each Plaintiff’s standing to request the various items of relief they seek;  (ii) whether the facts pertinent to the Motion for Preliminary Injunction are disputed, such that an evidentiary hearing is necessary; (iii) if there are factual disputes, what facts are disputed; and (iv) how long of an evidentiary hearing is necessary and when that hearing should be scheduled
  • Deadlines set for Plaintiffs’ Motion for Summary Judgment
  • Court will rule on the motions for preliminary injunction, dismissal, and summary judgment simultaneously

• ORDER (09/01/2017)
  • Denied, with leave to renew following Supreme Court ruling in Masterpiece Cakeshop

MOTION TO DISMISS (granted in part; denied in part)

• Defendants’ Motion to Dismiss (10/19/2016)
  • If Court denies motion to dismiss, then it should stay proceedings in light of pending cert petition Masterpiece case.
• Plaintiffs’ Response (11/09/2016)
• Defendants’ Reply (11/23/2016)
• ORDER (09/01/2017)
  • Granted, for lack of standing, as to claims against the”Accommodation Clause”
  • Denied as to claims against the “Communication Clause”

SUMMARY JUDGMENT (denied, with leave to renew)

• Plaintiffs’ Motion and Memo in Support (02/01/2017)
• Parties’ Joint Stipulation of Facts (02/01/2017)
• Defendants’ Response (02/22/2017)
• Plaintiffs’ Reply (03/08/2017)
• ORDER (09/01/2017)
  • Denied, with leave to renew following Supreme Court ruling in Masterpiece Cakeshop

CASE MANAGEMENT PROCEEDINGS

• Plaintiffs’ Notice of Related Case (09/20/2016)
  • Craig v. Masterpiece Cakeshop, Inc., 370 P.3d 272 (Colo. Ct. App. 2015), cert pending, U.S. Supreme Court, No. 16-111 (filed July 22, 2016)

• Judicial Assignments
  • Initial Assignment to Magistrate Judge Craig B. Shaffer
    • Non-consent to case being conducted by magistrate judge (10/04/2016)
  • Case reassigned to Judge Lewis T. Babcock (10/05/2016)
    • Senior Judge Babcock requests that case be reassigned (10/05/2016)
  • Case reassigned to Chief Judge Marcia S. Krieger (10/05/2016)

• Scheduling Conference held November 7, 2016
  • Parties’ Pre-conference statement and proposed scheduling order (10/31/2016)
• MINUTE ORDER (11/07/2016)
  • Discovery stayed pending rulings on Preliminary Injunction and Motion to Dismiss, per parties’ request

Current through Docket # 52, 09/01/2017