D. Colo. 1:16-cv-02372 Docket
303 Creative v. Elenis
No. 1:16-cv-02372, Case History
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)
| Date Filed | # | Docket Text |
| 09/20/2016 | 1 | COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400,Receipt Number 1082-5162084)Attorney Jeremy David Tedesco added to party 303 Creative LLC(pty:pla), Attorney Jeremy David Tedesco added to party Lorie Smith(pty:pla), filed by Lorie Smith, 303 Creative LLC. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Summons of Aubrey Elenis, # 4 Summons of Anthony Aragon, # 5 Summons of Ulysses J. Chaney, # 6 Summons of Miguel Rene Elias, # 7 Summons of Carol Fabrizio, # 8Summons of Heidi Hess, # 9 Summons of Rita Lewis, # 10 Summons of Jessica Pocock, # 11 Summons of Cynthia Coffman, # 12 Civil Cover Sheet)(Tedesco, Jeremy) (Entered: 09/20/2016) |
| 09/20/2016 | 2 | Case assigned to Magistrate Judge Craig B. Shaffer. Text Only Entry (dbera, ) (Entered: 09/20/2016) |
| 09/20/2016 | 3 | SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Magistrate Judge Consent Form) (dbera, ) (Entered: 09/20/2016) |
| 09/20/2016 | 4 | CORPORATE DISCLOSURE STATEMENT. (Tedesco, Jeremy) (Entered: 09/20/2016) |
| 09/20/2016 | 5 | NOTICE OF CASE ASSOCIATION by Jeremy David Tedesco on behalf of 303 Creative LLC, Lorie Smith (Tedesco, Jeremy) (Entered: 09/20/2016) |
| 09/20/2016 | 6 | MOTION for Preliminary Injunction by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Lorie Smith in Support of Plaintiffs’ Preliminary Injunctio, # 2 Appendix Part 1, # 3 Appendix Part 2, # 4 Appendix Part 3, # 5 Proposed Order (PDF Only))(Tedesco, Jeremy) (Entered: 09/20/2016) |
| 09/20/2016 | 7 | BRIEF in Support of 6 MOTION for Preliminary Injunction filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 09/20/2016) |
| 09/21/2016 | 8 | NOTICE of Entry of Appearance by Jonathan Andrew Scruggs on behalf of All Plaintiffs Attorney Jonathan Andrew Scruggs added to party 303 Creative LLC(pty:pla), Attorney Jonathan Andrew Scruggs added to party Lorie Smith(pty:pla) (Scruggs, Jonathan) (Entered: 09/21/2016) |
| 09/21/2016 | 9 | NOTICE of Entry of Appearance by Michael L. Francisco on behalf of All Plaintiffs Attorney Michael L. Francisco added to party 303 Creative LLC(pty:pla), Attorney Michael L. Francisco added to party Lorie Smith(pty:pla) (Francisco, Michael) (Entered: 09/21/2016) |
| 09/21/2016 | 10 | NOTICE of Entry of Appearance by Katherine Leone Anderson on behalf of All Plaintiffs Attorney Katherine Leone Anderson added to party 303 Creative LLC(pty:pla), Attorney Katherine Leone Anderson added to party Lorie Smith(pty:pla) (Anderson, Katherine) (Entered: 09/21/2016) |
| 09/22/2016 | 11 | NOTICE of Entry of Appearance by Rory Thomas Gray on behalf of All Plaintiffs Attorney Rory Thomas Gray added to party 303 Creative LLC(pty:pla), Attorney Rory Thomas Gray added to party Lorie Smith(pty:pla) (Gray, Rory) (Entered: 09/22/2016) |
| 09/22/2016 | 12 | NOTICE of Entry of Appearance by David Andrew Cortman on behalf of All Plaintiffs Attorney David Andrew Cortman added to party 303 Creative LLC(pty:pla), Attorney David Andrew Cortman added to party Lorie Smith(pty:pla) (Cortman, David) (Entered: 09/22/2016) |
| 09/26/2016 | 13 | NOTICE of Entry of Appearance by Samuel David Green on behalf of All Plaintiffs Attorney Samuel David Green added to party 303 Creative LLC(pty:pla), Attorney Samuel David Green added to party Lorie Smith(pty:pla) (Green, Samuel) (Entered: 09/26/2016) |
| 09/26/2016 | 14 | NOTICE re 6 MOTION for Preliminary Injunction Notice of Updated Results of Conferral Per Local Rule 7.1(a) by Plaintiffs 303 Creative LLC, Lorie Smith (Tedesco, Jeremy) (Entered: 09/26/2016) |
| 09/29/2016 | 15 | NOTICE of Entry of Appearance by Jack Davy Patten, III on behalf of Cynthia H. Coffman, Aubrey ElenisAttorney Jack Davy Patten, III added to party Cynthia H. Coffman(pty:dft), Attorney Jack Davy Patten, III added to party Aubrey Elenis(pty:dft) (Patten, Jack) (Entered: 09/29/2016) |
| 09/30/2016 | 16 | NOTICE of Entry of Appearance by Vincent Edward Morscher on behalf of Cynthia H. Coffman, Aubrey ElenisAttorney Vincent Edward Morscher added to party Cynthia H. Coffman(pty:dft), Attorney Vincent Edward Morscher added to party Aubrey Elenis(pty:dft) (Morscher, Vincent) (Entered: 09/30/2016) |
| 10/04/2016 | 17 | CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs 303 Creative LLC, Lorie Smith All parties do not consent.. (Tedesco, Jeremy) (Entered: 10/04/2016) |
| 10/05/2016 | 18 | CASE REASSIGNED pursuant to 17 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 16-cv-02372-LTB. (Text Only Entry) (nmarb, ) (Entered: 10/05/2016) |
| 10/05/2016 | 19 | MEMORANDUM RETURNING CASE. (dkals, ) (Entered: 10/05/2016) |
| 10/05/2016 | 20 | CASE REASSIGNED pursuant to 19 Memorandum Returning Case: This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 16-cv-02372-MSK. (Text Only Entry) (dkals, ) (Entered: 10/05/2016) |
| 10/05/2016 | 21 | Unopposed MOTION for Hearing/Conference Regarding Case Status by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Patten, Jack) (Entered: 10/05/2016) |
| 10/06/2016 | 22 | NOTICE of Entry of Appearance by Eric Holden Maxfield on behalf of Anthony Aragon, Ulysses J. Chaney, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica PocockAttorney Eric Holden Maxfield added to party Anthony Aragon(pty:dft), Attorney Eric Holden Maxfield added to party Ulysses J. Chaney(pty:dft), Attorney Eric Holden Maxfield added to party Miguel Rene Elias(pty:dft), Attorney Eric Holden Maxfield added to party Carol Fabrizio(pty:dft), Attorney Eric Holden Maxfield added to party Heidi Hess(pty:dft), Attorney Eric Holden Maxfield added to party Rita Lewis(pty:dft), Attorney Eric Holden Maxfield added to party Jessica Pocock(pty:dft) (Maxfield, Eric) (Entered: 10/06/2016) |
| 10/06/2016 | 23 | ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer: IT IS ORDERED that pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. § 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 10/6/16. Text Only Entry (msksec, ) (Entered: 10/06/2016) |
| 10/06/2016 | 24 | MINUTE ORDER: A Scheduling Conference is set for 11/7/2016 at 11:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that the parties shall adhere to the deadlines and instructions as set forth in Preparation for Rule 16(b) Scheduling Conference, located on the court’s website under “Judicial Officers.” By Magistrate Judge Craig B. Shaffer on 10/6/2016. Text Only Entry (cbslc2) (Entered: 10/06/2016) |
| 10/06/2016 | 25 | ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 10/6/16. Text Only Entry (pglov) (Entered: 10/06/2016) |
| 10/06/2016 | 26 | NOTICE re 21 Unopposed MOTION for Hearing/Conference Regarding Case Status by Plaintiffs 303 Creative LLC, Lorie Smith (Tedesco, Jeremy) (Entered: 10/06/2016) |
| 10/07/2016 | 27 | SUMMONS Returned Executed by All Plaintiffs. Anthony Aragon served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 28 | SUMMONS Returned Executed by All Plaintiffs. Aubrey Elenis served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 29 | SUMMONS Returned Executed by All Plaintiffs. Carol Fabrizio served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 30 | SUMMONS Returned Executed by All Plaintiffs. Cynthia H. Coffman served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 31 | SUMMONS Returned Executed by All Plaintiffs. Heidi Hess served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 32 | SUMMONS Returned Executed by All Plaintiffs. Jessica Pocock served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 33 | SUMMONS Returned Executed by All Plaintiffs. Miguel Rene Elias served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 34 | SUMMONS Returned Executed by All Plaintiffs. Rita Lewis served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/07/2016 | 35 | SUMMONS Returned Executed by All Plaintiffs. Ulysses J. Chaney served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016) |
| 10/14/2016 | 36 | NOTICE of Entry of Appearance Entry of Appearance by Leanne B. De Vos on behalf of Anthony Aragon, Ulysses J. Chaney, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica PocockAttorney Leanne B. De Vos added to party Anthony Aragon(pty:dft), Attorney Leanne B. De Vos added to party Ulysses J. Chaney(pty:dft), Attorney Leanne B. De Vos added to party Aubrey Elenis(pty:dft), Attorney Leanne B. De Vos added to party Miguel Rene Elias(pty:dft), Attorney Leanne B. De Vos added to party Carol Fabrizio(pty:dft), Attorney Leanne B. De Vos added to party Heidi Hess(pty:dft), Attorney Leanne B. De Vos added to party Rita Lewis(pty:dft), Attorney Leanne B. De Vos added to party Jessica Pocock(pty:dft) (De Vos, Leanne) (Entered: 10/14/2016) |
| 10/19/2016 | 37 | MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Morscher, Vincent) (Entered: 10/19/2016) |
| 10/19/2016 | 38 | RESPONSE to 6 MOTION for Preliminary Injunction filed by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Patten, Jack) (Entered: 10/19/2016) |
| 10/31/2016 | 39 | Proposed Scheduling Order by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 10/31/2016) |
| 11/02/2016 | 40 | REPLY to Response to 6 MOTION for Preliminary Injunction filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 11/02/2016) |
| 11/07/2016 | 41 | COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 11/7/2016. Pursuant to the request of counsel, discovery is STAYED pending a ruling on 6 Motion for Preliminary Injunction and 37 Motion to Dismiss. FTR: Courtroom A-402. (amont, ) (Entered: 11/07/2016) |
| 11/08/2016 | 42 | MEMORANDUM regarding 37 MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief filed by Heidi Hess, Ulysses J. Chaney, Jessica Pocock, Carol Fabrizio, Miguel Rene Elias, Cynthia H. Coffman, Rita Lewis, Aubrey Elenis, Anthony Aragon. Motions referred to Magistrate Judge Craig B. Shaffer by Chief Judge Marcia S. Krieger on 11/8/16. Text Only Entry (msksec, ) (Entered: 11/08/2016) |
| 11/09/2016 | 43 | RESPONSE to 37 MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 11/09/2016) |
| 11/21/2016 | 44 | ORDER: The Court will conduct a non-evidentiary hearing on the Plaintiffs’ Motion for Preliminary Injunction 6 on 1/11/2017 at 09:00 AM. The parties shall be prepared to address: (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. By Chief Judge Marcia S. Krieger on 11/21/16. Text Only Entry (msklc2, ) (Entered: 11/21/2016) |
| 11/23/2016 | 45 | REPLY to Response to 37 MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief filed by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Morscher, Vincent) (Entered: 11/23/2016) |
| 01/11/2017 | 46 | MINUTE ENTRY for Law and Motion Hearing held before Chief Judge Marcia S. Krieger on 1/11/2017. Deadlines and other matters addressed are as set forth in the Minutes. Court Reporter: Mary George. (pglov) (Entered: 01/11/2017) |
| 01/30/2017 | 47 | TRANSCRIPT of Law and Motion Hearing held on January 11, 2017 before Judge Krieger. Pages: 1-15. 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. (mgeor, ) (Entered: 01/30/2017) |
| 02/01/2017 | 48 | MOTION for Summary Judgment and Memorandum by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Lorie Smith, # 2 Affidavit of Jeremy Tedesco, # 3 Appendix in Support of Plaintiffs’ Motion for Summary Judgment)(Tedesco, Jeremy) (Entered: 02/01/2017) |
| 02/01/2017 | 49 | STIPULATION re 48 MOTION for Summary Judgment and Memorandum Joint Statement of Stipulated Facts by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Tedesco, Jeremy) (Entered: 02/01/2017) |
| 02/22/2017 | 50 | RESPONSE to 48 MOTION for Summary Judgment and Memorandum filed by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Morscher, Vincent) (Entered: 02/22/2017) |
| 03/08/2017 | 51 | REPLY to Response to 48 MOTION for Summary Judgment and Memorandum filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 03/08/2017) |
| 09/01/2017 | 52 | ORDER granting in part and denying in part 37 Motion to Dismiss, and denying 6 Motion for Preliminary Injunction and 48 Motion for Summary Judgment, by Chief Judge Marcia S. Krieger on 9/1/17. (dkals, ) (Entered: 09/01/2017) |
| 09/28/2017 | 53 | NOTICE OF APPEAL as to 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction by Plaintiffs 303 Creative LLC, Lorie Smith (Filing fee $ 505, Receipt Number 1082-5731693) (Anderson, Katherine) (Entered: 09/28/2017) |
| 09/29/2017 | 54 | LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 53 Notice of Appeal filed by 303 Creative LLC, Lorie Smith to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record)(dkals, ) (Entered: 09/29/2017) |
| 09/29/2017 | 55 | USCA Case Number 17-1344 for 53 Notice of Appeal filed by 303 Creative LLC, Lorie Smith. (dkals, ) (Entered: 09/29/2017) |
| 10/12/2017 | 56 | TRANSCRIPT ORDER FORM re 53 Notice of Appeal, by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 10/12/2017) |
| 10/12/2017 | 57 | LETTER TO USCA and all counsel certifying the record is complete as to 53 Notice of Appeal filed by 303 Creative LLC, Lorie Smith. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 17-1344) Text Only Entry (dkals, ) (Entered: 10/12/2017) |
| 01/18/2018 | 58 | NOTICE of Entry of Appearance of Counsel by Billy Lee Seiber on behalf of Anthony Aragon, Ulysses J. Chaney, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica PocockAttorney Billy Lee Seiber added to party Anthony Aragon(pty:dft), Attorney Billy Lee Seiber added to party Ulysses J. Chaney(pty:dft), Attorney Billy Lee Seiber added to party Miguel Rene Elias(pty:dft), Attorney Billy Lee Seiber added to party Carol Fabrizio(pty:dft), Attorney Billy Lee Seiber added to party Heidi Hess(pty:dft), Attorney Billy Lee Seiber added to party Rita Lewis(pty:dft), Attorney Billy Lee Seiber added to party Jessica Pocock(pty:dft) (Seiber, Billy) (Entered: 01/18/2018) |
| 01/19/2018 | 59 | MOTION to Withdraw as Counsel by Defendants Anthony Aragon, Ulysses J. Chaney, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (De Vos, Leanne) (Entered: 01/19/2018) |
| 01/19/2018 | 60 | ORDER granting 59 Motion to Withdraw: The Clerk of the Court shall terminate Mr. Maxfield and Ms. De Vos as counsel for the Defendants. By Chief Judge Marcia S. Krieger on 1/19/18. Text Only Entry (msklc2, ) (Entered: 01/19/2018) |
| 06/15/2018 | 61 | NOTICE re 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction (Notice After U.S. Supreme Court Ruling on Masterpiece) by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 06/15/2018) |
| 07/03/2018 | 62 | NOTICE re 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction (Notice to the Court Regarding Plaintiffs’ Desire to Proceed) by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 07/03/2018) |
| 07/12/2018 | 63 | ORDER SETTING SUPPLEMENTAL BRIEFING DEADLINE: The Court notes the request made by the Plaintiffs in their 62 Notice and HEREBY ORDERS that all parties shall submit supplemental briefing regarding Masterpiece, NIFLA, and Janus, and their impact on Plaintiffs’ case within 21 days from the date of this Order. by Chief Judge Marcia S. Krieger on 7/12/18. Text Only Entry (msksec, ) (Entered: 07/12/2018) |
| 07/30/2018 | 64 | Unopposed MOTION for Extension of Time to Submit Supplemental Briefing by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Patten, Jack) (Entered: 07/30/2018) |
| 07/31/2018 | 65 | ORDER granting 64 Unopposed Motion for Extension of Time to Submit Supplemental Briefing. Extension granted as to all parties up to and including August 6, 2018. by Chief Judge Marcia S. Krieger on 7/31/18. Text Only Entry (msksec, ) (Entered: 07/31/2018) |
| 08/06/2018 | 66 | NOTICE of Entry of Appearance by Skippere Stewart Spear on behalf of Cynthia H. Coffman, Aubrey ElenisAttorney Skippere Stewart Spear added to party Cynthia H. Coffman(pty:dft), Attorney Skippere Stewart Spear added to party Aubrey Elenis(pty:dft) (Spear, Skippere) (Entered: 08/06/2018) |
| 08/06/2018 | 67 | SUPPLEMENT/AMENDMENT Defendants’ Supplemental Brief by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Spear, Skippere) (Entered: 08/06/2018) |
| 08/06/2018 | 68 | SUPPLEMENT/AMENDMENT Plaintiffs’ Supplemental Brief on Masterpiece, NIFLA, and Janus by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Exhibit 1)(Scruggs, Jonathan) (Entered: 08/06/2018) |
| 08/14/2018 | 69 | USCA Order and Judgment as to 53 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith: this appeal is dismissed. (USCA Case No. 17-1344) (This document is not the Mandate) (dkals, ) (Entered: 08/14/2018) |
| 09/05/2018 | 70 | MANDATE of USCA as to 53 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith (USCA Case No. 17-1344) (dkals, ) (Entered: 09/05/2018) |
| 05/06/2019 | 71 | MOTION to Withdraw as Attorney Michael Francisco by Plaintiffs 303 Creative LLC, Lorie Smith. (Francisco, Michael) (Entered: 05/06/2019) |
| 05/17/2019 | 72 | OPINION AND ORDER denying 6 Motion for Preliminary Injunction and 48 Motion for Summary Judgment by Judge Marcia S. Krieger on 5/17/19. (dkals, ) (Entered: 05/17/2019) |
| 05/17/2019 | 73 | ORDER granting 71 Motion to Withdraw as Attorney. Attorney Michael L. Francisco terminated. By Judge Marcia S. Krieger on 5/17/19. Text Only Entry(msklc2, ) (Entered: 05/17/2019) |
| 06/07/2019 | 74 | RESPONSE to 72 Order by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Jacob P. Warner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Anderson, Katherine) (Entered: 06/07/2019) |
| 06/10/2019 | 75 | Conventionally Submitted Material: Exhibit to 74 Response on 1 CD by Plaintiffs 303 Creative LLC, Lorie Smith. Text Only Entry (dkals, ) (Entered: 06/10/2019) |
| 08/30/2019 | 76 | NOTICE of Supplemental Authorities re: 74 Response by Plaintiffs 303 Creative LLC, Lorie Smith (Attachments: # 1 Exhibit A)(Anderson, Katherine) (Entered: 08/30/2019) |
| 09/23/2019 | 77 | NOTICE of Supplemental Authorities (Second) re: 74 Response by Plaintiffs 303 Creative LLC, Lorie Smith (Attachments: # 1 Exhibit A)(Anderson, Katherine) (Entered: 09/23/2019) |
| 09/26/2019 | 78 | NOTICE of Substitution of Parties by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock (Morscher, Vincent) (Entered: 09/26/2019) |
| 09/26/2019 | 79 | OPINION AND ORDER GRANTING SUMMARY JUDGMENT entered by Judge Marcia S. Krieger on 9/26/19. The Court finds that the Defendants are entitled to summary judgment on all of Ms. Smiths claims in this action. The Clerk of the Court shall enter judgment in favor of the Defendants on all claims and close this case. (rkeec) (Entered: 09/26/2019) |
| 09/26/2019 | 80 | FINAL JUDGMENT by Clerk in favor of Aubrey Elenis, Charles Garcia, Ajay Menon, Miguel Rene Elias, Richard Lewis, Kendra Anderson, Sergio Cordova, Jessica Pocock, and Phil Weiser and against 303 Creative LLC and Lorie Smith re: 79 Opinion and Order Granting Summary Judgment entered by Judge Marcia S. Krieger on 9/26/19. (rkeec) (Entered: 09/26/2019) |
| 10/25/2019 | 81 | NOTICE OF APPEAL as to 79 Order, 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction, 80 Clerk’s Judgment, 72 Order by Plaintiffs 303 Creative LLC, Lorie Smith (Filing fee $ 505, Receipt Number 1082-6964947) (Anderson, Katherine) (Entered: 10/25/2019) |
| 10/28/2019 | 82 | LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record, # 2 Docket Sheet)(sphil, ) (Entered: 10/28/2019) |
| 10/28/2019 | 83 | USCA Case Number 19-1413 for 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith. (sphil, ) (Entered: 10/28/2019) |
| 11/08/2019 | 84 | TRANSCRIPT ORDER FORM re 81 Notice of Appeal, by Plaintiffs 303 Creative LLC, Lorie Smith (Anderson, Katherine) (Entered: 11/08/2019) |
| 11/12/2019 | 85 | LETTER TO USCA and all counsel certifying the record is complete as to 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 19-1413) Text Only Entry. (sphil, ) (Entered: 11/12/2019) |
| 07/26/2021 | 86 | USCA Judgment as to 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith : (USCA Case No. 19-1413) (This document is not the Mandate). The judgment of that court is AFFIRMED. (Attachments: # 1 U.S. Court of Appeals Opinion)(sphil, ) (Entered: 07/27/2021) |
| 08/17/2021 | 87 | MANDATE of USCA as to 86 USCA Order/Opinion/Judgment, 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith : (USCA Case No. 19-1413) (sphil, ) (Entered: 08/17/2021) |
| 09/28/2021 | 88 | Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sphil, ) (Entered: 10/01/2021) |
| 02/22/2022 | 89 | Letter from U.S. Supreme Court regarding Order Granting Certiorari Filed 02/22/2022 re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sdunb, ) (Entered: 02/22/2022) |
| 05/17/2022 | 90 | MOTION to Withdraw Appearance of Counsel by Plaintiffs 303 Creative LLC, Lorie Smith. (Scruggs, Jonathan) (Entered: 05/17/2022) |
| 05/17/2022 | 91 | ORDER granting 90 Motion to Withdraw: The Clerk of the Court shall terminate Rory Gray and Samuel Green as counsel for the Plaintiff in this case. By Judge Marcia S. Krieger on 5/17/22. Text Only Entry(msklc2, ) (Entered: 05/17/2022) |
| 10/28/2022 | 92 | USCA Letter advising Certiorari record transmitted to the Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sdunb, ) (Entered: 10/31/2022) |
| 10/28/2022 | 93 | Letter from The United States District Court of Colorado to the U.S. Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-00476 ( Appeal No. 19-01413) (Attachments: # 1 Docket Sheet)(sdunb, ) (Entered: 12/07/2022) |
| 06/30/2023 | 94 | Opinion Announcement from U.S. Supreme Court regarding 81 Notice of Appeal ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sdunb, ) (Entered: 07/03/2023) |
| 08/09/2023 | 95 | ORDER OF USCA ENTERED: recalling the mandate as to Notice of Appeal, 81 filed by Plaintiff 303 Creative LLC, Plaintiff Lorie Smith ( Appeal No. 19-1413) ( The document attached to the docket entry of the Judgment and Opinion has been blocked from access in CM pursuant to this recall of mandate) (schap, ) (Entered: 08/10/2023) |
| 08/14/2023 | 96 | MOTION for Attorney Fees and Costs and for an Extension of Filing Deadline by Plaintiffs 303 Creative LLC, Lorie Smith. (Scruggs, Jonathan) (Entered: 08/14/2023) |
| 08/18/2023 | 97 | Due to Senior Judge Krieger’s unavailability and with the prior permission of the Chief Judge under D.C.COLO.LCivR 40.1(d)(4)(B), this case is randomly reassigned to Judge Charlotte N. Sweeney. All future pleadings should be designated as 16-cv-02372-CNS. (Text Only Entry) (agarc, ) (Entered: 08/18/2023) |
| 08/25/2023 | 98 | NOTICE of Entry of Appearance of Counsel by Alison Faryl Kyles on behalf of Aubrey Elenis, Miguel Rene Elias, Jessica Pocock, Charles Garcia, Ajay Menon, Richard Lewis, Kendra Anderson, Sergio Cordova, Phil WeiserAttorney Alison Faryl Kyles added to party Aubrey Elenis(pty:dft), Attorney Alison Faryl Kyles added to party Miguel Rene Elias(pty:dft), Attorney Alison Faryl Kyles added to party Jessica Pocock(pty:dft), Attorney Alison Faryl Kyles added to party Charles Garcia(pty:dft), Attorney Alison Faryl Kyles added to party Ajay Menon(pty:dft), Attorney Alison Faryl Kyles added to party Richard Lewis(pty:dft), Attorney Alison Faryl Kyles added to party Kendra Anderson(pty:dft), Attorney Alison Faryl Kyles added to party Sergio Cordova(pty:dft), Attorney Alison Faryl Kyles added to party Phil Weiser(pty:dft) (Kyles, Alison) (Entered: 08/25/2023) |
| 08/28/2023 | 99 | RESPONSE to 96 MOTION for Attorney Fees and Costs and for an Extension of Filing Deadline filed by Defendants Kendra Anderson, Sergio Cordova, Aubrey Elenis, Miguel Rene Elias, Charles Garcia, Richard Lewis, Ajay Menon, Jessica Pocock, Phil Weiser. (Attachments: # 1 Exhibit A – August 9, 2023 Order in 19-1413)(Kyles, Alison) (Entered: 08/28/2023) |
| 08/31/2023 | 100 | USCA ORDER AND JUDGMENT as to 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith : (USCA Case No. 19-1413) (This document is not the Mandate). The case is REMANDED to the district court for further proceedings consistent with the Supreme Court’s decision. Pursuant to Fed. R. App. P. 39(a) (3) and (e)(4), costs are taxed against the defendants in the amount of $1692.45. (cmadr, ) (Entered: 08/31/2023) |
| 09/14/2023 | 101 | NOTICE re 100 USCA Order/Opinion/Judgment, NOTICE OF FILING by Defendants Kendra Anderson, Sergio Cordova, Aubrey Elenis, Miguel Rene Elias, Charles Garcia, Ajay Menon, Jessica Pocock, Phil Weiser (Attachments: # 1 Exhibit A – Defendants-Appellees’ Substantive Response to Plaintiffs-Appellants’ Motion for Attorneys’ Fees)(Kyles, Alison) (Entered: 09/14/2023) |
| 09/21/2023 | 102 | NOTICE of FILING by Plaintiffs 303 Creative LLC, Lorie Smith (Attachments: # 1 Exhibit A – Appellants’ Reply in Support of Motion for Attorneys’ Fees)(Scruggs, Jonathan) (Entered: 09/21/2023) |
| 09/22/2023 | 103 | MANDATE of USCA as to 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith, 100 USCA Order/Opinion/Judgment, : (USCA Case No. 19-1413) (sphil, ) (Entered: 09/22/2023) |
| 10/04/2023 | 104 | MINUTE ORDER: An in-person Status Conference is set for 11/7/2023 at 11:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. By Judge Charlotte N. Sweeney on 10/4/2023. Text Only Entry (cnsja. ) (Entered: 10/04/2023) |
| 10/04/2023 | 105 | NOTICE of Entry of Appearance by Bryan David Neihart on behalf of 303 Creative LLC, Lorie SmithAttorney Bryan David Neihart added to party 303 Creative LLC(pty:pla), Attorney Bryan David Neihart added to party Lorie Smith(pty:pla) (Neihart, Bryan) (Entered: 10/04/2023) |
| 10/04/2023 | 106 | NOTICE of Entry of Appearance by Rachel A. Rouleau on behalf of 303 Creative LLC, Lorie SmithAttorney Rachel A. Rouleau added to party 303 Creative LLC(pty:pla), Attorney Rachel A. Rouleau added to party Lorie Smith(pty:pla) (Rouleau, Rachel) (Entered: 10/04/2023) |
| 10/31/2023 | 107 | ORDER OF RECUSAL by Judge Charlotte N. Sweeney on 10/31/2023. ORDERED the Clerk of the Court shall reassign this case to another District Judge and the Status Conference set November 7, 2023 is VACATED. (sphil, ) (Entered: 10/31/2023) |
| 10/31/2023 | 108 | CASE REASSIGNED. Pursuant to 107 Order of Recusal, this case is randomly reassigned to Judge Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 16-cv-02372-PAB. (Text Only Entry) (sphil, ) (Entered: 10/31/2023) |
| 11/01/2023 | 109 | ORDER by Chief Judge Philip A. Brimmer on 11/1/2023 re 104 Minute Order. It is ORDERED that the status conference set for November 7, 2023 at 11:00 a.m. shall be before Chief Judge Philip A. Brimmer in Courtroom A 701. Text Only Entry. (jtorr, ) (Entered: 11/01/2023) |
| 11/06/2023 | 110 | MOTION to Withdraw as Attorney (J. Tedesco and K. Anderson) by Plaintiffs 303 Creative LLC, Lorie Smith. (Scruggs, Jonathan) (Entered: 11/06/2023) |
| 11/07/2023 | 111 | ORDER by Chief Judge Philip A. Brimmer on 11/07/2023 re: 110 Motion to Withdraw as Attorney is GRANTED. Attorneys Katherine Leone Anderson and Jeremy David Tedesco are terminated from this case. Text Only Entry(pabsec, ) (Entered: 11/07/2023) |
| 11/07/2023 | 112 | COURTROOM MINUTES for Status Conference held on 11/7/2023 before Chief Judge Philip A. Brimmer. ORDERED: The parties shall submit a joint recommendation as to the proposed language for the final judgment on or before December 7, 2023. If the parties are unable to agree on the proposed language, they shall provide notice to the Court. The notice shall contain a suggestion as to the briefing schedule to explain each side’s position, as discussed. Court Reporter: Janet Coppock. (sgrim, ) (Entered: 11/07/2023) |
| 11/07/2023 | 113 | MOTION to Withdraw as Attorney (Skippere S. Spear) by Defendant Aubrey Elenis. (Kyles, Alison) (Entered: 11/07/2023) |
| 11/07/2023 | 114 | ORDER by Chief Judge Philip A. Brimmer on 11/07/2023 re: 113 Motion to Withdraw as Attorney is GRANTED. Attorney Skippere Stewart Spear is terminated from this case. Text Only Entry(pabsec, ) (Entered: 11/07/2023) |
| 12/06/2023 | 115 | NOTICE of Entry of Appearance of Counsel by Andrew Michael Williams on behalf of Sergio Cordova, Aubrey Elenis, Charles Garcia, Phil Weiser, Geta Asfaw, Mayuko Fieweger, Cherylin Peniston, Jeremy Ross, Daniel S. WardAttorney Andrew Michael Williams added to party Sergio Cordova(pty:dft), Attorney Andrew Michael Williams added to party Aubrey Elenis(pty:dft), Attorney Andrew Michael Williams added to party Charles Garcia(pty:dft), Attorney Andrew Michael Williams added to party Phil Weiser(pty:dft), Attorney Andrew Michael Williams added to party Geta Asfaw(pty:dft), Attorney Andrew Michael Williams added to party Mayuko Fieweger(pty:dft), Attorney Andrew Michael Williams added to party Cherylin Peniston(pty:dft), Attorney Andrew Michael Williams added to party Jeremy Ross(pty:dft), Attorney Andrew Michael Williams added to party Daniel S. Ward(pty:dft) (Williams, Andrew) (Entered: 12/06/2023) |
| 12/06/2023 | 116 | NOTICE re 112 Status Conference,, Joint Notice Regarding Proposed Final Judgment Language by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 12/06/2023) |
| 12/08/2023 | 117 | MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/8/2023, re: 116 Joint Notice Regarding Proposed Final Judgment Language. ORDERED that plaintiffs shall file a brief regarding their proposed final judgment language that shall not exceed five pages of substantive text, as defined by the joint notice, on or before January 8, 2024. ORDERED that defendants shall file a combined response that shall not exceed eight pages of substantive text on or before January 29, 2024. ORDERED that plaintiffs may file a reply that shall not exceed three pages of substantive text on or before February 12, 2024. (jtorr, ) (Entered: 12/11/2023) |
| 12/11/2023 | 118 | TRANSCRIPT of Status Conference held on November 7, 2023 before Chief Judge Philip A. Brimmer. Pages: 1-12. 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’s public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (jcopp, ) (Entered: 12/11/2023) |
| 01/08/2024 | 119 | BRIEF re 117 Minute Order,, Plaintiffs’ Brief Supporting Their Proposed Final Judgment by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Proposed Order (PDF Only))(Scruggs, Jonathan) (Entered: 01/08/2024) |
| 01/29/2024 | 120 | BRIEF re 117 Minute Order,, Defendants’ Brief Supporting Their Proposed Final Judgment by Defendants Geta Asfaw, Sergio Cordova, Aubrey Elenis, Mayuko Fieweger, Charles Garcia, Cherylin Peniston, Daniel S. Ward, Phil Weiser. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting in Part and Denying in Part Plaintiffs’ Declaratory and Permanent Injunctive Relief)(Kyles, Alison) (Entered: 01/29/2024) |
| 02/12/2024 | 121 | REPLY to 117 Minute Order,, Plaintiffs’ Reply Brief Supporting Their Proposed Final Judgment by Plaintiffs 303 Creative LLC, Lorie Smith. (Scruggs, Jonathan) (Entered: 02/12/2024) |
| 03/25/2024 | 122 | MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/25/2024. The most recent notice of substitution of parties, filed on September 26, 2019, states that the proper defendants to this case are Aubrey Elenis, Charles Garcia, Ajay Menon, Richard Lewis, Kendra Anderson, Sergio Cordova, Jessica Pocock, and Phil Weiser. Docket No. 78 at 1-2. However, the plaintiffs’ recent briefs on the final judgment language include the following defendants in the caption: Aubrey Elenis, Sergio Raudel Cordova, Charles Garcia, Geta Asfaw, Mayuko Fieweger, Cherylin Peniston, Jeremy Ross, Daniel S. Ward, and Philip J. Weiser. Docket Nos. 119 , 121 . Defendants’ brief concerning final judgment language includes the same defendants except for Jeremy Ross. Docket No. 120 . Given the lack of a recent notice of substitution of parties and given the discrepancies in captions between plaintiffs and defendants, the parties shall file a notice of substitution of parties on or before 12:00 p.m. on March 26, 2024. Text Only Entry (pabsec, ) (Entered: 03/25/2024) |
| 03/25/2024 | 123 | Joint MOTION to Substitute Party (Defendant Parties) by Defendants Geta Asfaw, Sergio Cordova, Aubrey Elenis, Mayuko Fieweger, Charles Garcia, Daniel S. Ward, Phil Weiser. (Kyles, Alison) (Entered: 03/25/2024) |
| 03/26/2024 | 124 | MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/26/2024, re: 123 Joint Motion for Substitution of Parties is GRANTED. ORDERED that Anthony Aragon, Ulysses J. Chaney, Miguel Rene Elias, Carol Fabrizio, Heidi Heiss, Rita Lewis, Jessica Pocock, Ajay Menon, Richard Lewis, Kendra Anderson, Cherylin Peniston, Cynthia H. Coffman, and Jeremy Ross are no longer part of the caption.(dgumb, ) (Entered: 03/26/2024) |
| 03/26/2024 | 125 | ORDER by Chief Judge Philip A. Brimmer on 3/26/24. The Opinion and Order Granting Summary Judgment 79 and the Final Judgment 80 are VACATED as to plaintiffs’ first cause of action. The Clerk of the Court shall amend the judgment entered on September 26, 2019 80 in accordance with this order. Plaintiffs may file a bill of costs and motion for attorney’s fees in compliance with D.C.COLO.LCivR 54.3 within 90 days of the entry of final judgment. The Court will retain jurisdiction over this action for purposes of determining and entering an award for attorney’s fees and costs. Plaintiffs’ Motion for Attorneys’ Fees and Costs and for an Extension of Filing Deadline 96 is DENIED as moot.(sgrim) (Entered: 03/26/2024) |
| 03/26/2024 | 126 | AMENDED FINAL JUDGMENT re: 125 Order, by Clerk on 3/26/24. (sgrim) (Entered: 03/26/2024) |
Last updated 04/14/2024
Reconciled with online docket 04/09/2024