Shell v. Henderson et al

Filing 159

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 5/21/2009. No discovery and no further motions allowed pending ruling on motions to dismiss. Filings are limited as set forth in the minutes . 71 Clerk's Entry of Default, 90 Clerk's Entry of Default and 107 Clerk's Entry of Default are stricken and the defaults set aside. Granting 148 Defendants' Motion to Vacate Default Judgment and granting 144 Motion to Set Aside Clerk's Entry of Default. Denying without prejudice 103 Plaintiff's Motion for Default Judgment as to American Family Rights Association, etc. and 109 Motion for Default Judgment as to Sarah Tompson pending ruling on the mot ions to dismiss. Granting in part Dee Contreras' 134 and 135 Motions for Orders Restraining Plaintiff and for Sanctions. Motion for Sanctions is denied. Denying 146 Plaintiff's Motion to Strike Answer to Complaint. Granting in par t 152 Defendant's Motion for Additional Time. All defendants who have been served as of 5/21/09 have to and including 7/7/09 to file response to complaint, but only to the extent no response has been previously filed. Plaintiff has 30 days t o respond. Clerk to mail a current docket sheet to all pro se parties. Denying 106 Plaintiff's Motion for Protective Order. Denying 44 Plantiff's Motion for Costs of Personal Service without prejuidice. Granting 88 Wiseman's Motion to Seal Motion for Appointment of Counsel.(Court Reporter FTR - Debra Brown.) (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya

Civil Action No.

09-cv-00309-MSK-KMT

FT R Debra Brown, Deputy Clerk Pro se

Date: May 21, 2009 SUZANNE SHELL Plaintiff. v. American Family Rights Association Cletus Kiefer Families at Risk Defense Alliance Francine Renee Cygan Mark Cygan Illinois Family Advocacy Coalition Dennis Hinger Aimee Dutkiewicz W iseman Studios Ann Durand Brenda Swallow Kathy Tilley Randall Blair Lloyd Phillips Desere' Clabo Georgia Family Rights, Inc. Connecticut DCF Watch National Association of Family Advocates W illiam Wiseman Leonard Henderson Susan Adams Jackson Dorothy Kernaghan-Baez Thomas Dutkiewicz Dee Contreras W illiam O. Tower Ann Tower Ringo Kamens

Pro se Pro se Pro se Pro se Pro se Pro se (Appeared, not served) Jennifer E. Schlatter Patrick D. Vellone Daniel Bernard Slater

Cheryl Barnes CPSW atch, Inc. Sarah Thompson Defendants.

COURTROOM MINUTES / MINUTE ORDER

SCHEDULING CONFERENCE Court in Session: 10:23 a.m.
C o u r t calls the case. Appearance by plaintiff, pro se and of Counsel as referenced. Also present is d e f e n d a n t , Dee Contreras, pro se. Appearing by telephone are W illia m O. Tower, Ann E. Tower, Leonard H e n d e r s o n Susan Adam s Jackson, Dorothy Kernaghan-Baez and Thom a s Dutkiewicz, pro se. A d v is e m e n t by the Court that any com p a n y who has been served, m u s t be represented by Counsel. S t a te m e n ts by the Court regarding the various m o tio n s pending. O R D E R ED : N o discovery and no further m o t io n s will be allowed pending ruling on all m o t io n s to d is m is s . T h e Court will lim it filings from this date forward to Returns of Service or m o tio n s having to do with service, Answers, Counterclaim s , Motions to Dism is s and responses and r e p lie s to the m o tio n s to dism is s . Any additional filings will be STRICKEN except for an E n tr y of Appearance by Counsel. A f te r the District Court rules on the pending Motions to Dism is s , this Court will set an a d d itio n a l Scheduling Conference, if necessary. T h e Court will not entertain any Motions for Entry of Default; therefore, Docum e n t [#71], D o c u m e n t [#90] and Docum e n t [#107] are STRICKEN and the defaults set aside. D e f e n d a n ts ' "Motion to Vacate Default Judgm e n t" [Docum e n t #148, filed May 20, 2009] a n d "Motion to Set Aside [107] Clerk's Entry of Default" [docum e n t #144, filed May 20, 2 0 0 9 ] are GRANTED. P la in tif f 's "Motion for Default Judgm e n t as to Am e r ic a n Fam ily Rights Association, Ann T o w e r , W illia m Tower, Francine Renee Cygan, Mark Cygan" [Docum e n t #103, filed May 0 6 , 2009] and "Motion for Default Judgm e n t as to Sarah Thom p s o n " [Docum e n t #109, f ile d May 10, 2009] are DENIED without prejudice pending ruling on the Motions to D is m is s . D e f e n d a n ts Dee Contreras' "Motion for Orders Restraining Plaintiff from Intentional In f lic tio n of Em o tio n a l Distress and for Sanctions Against Plaintiff on Behalf" (filed in d u p lic a t e ) [Docum e n t #134 and #135, filed May 13, 2009 and May 14, 2009] are G R A N T E D in part. The Plaintiff is Ordered to cease com m u n ic a t io n with the Defendant. T h e Court advised Plaintiff her previous com m e n ta r y to Defendant is inappropriate. P la in tif f shall refrain from com m u n ic a tin g with any Defendant through e:m a il, telephone, o r any other m e th o d other than U.S. Postal Mail. During the period from now until the M o tio n s to Dism is s are ruled on there will be no need for the parties to com m u n ic a te or c o n f e r pursuant to D.C.Colo.L.Civ.R. 7.1(A). Any necessary com m u n ic a tio n s between the p a r tie s will be by U.S. Postal Mail at the official addresses listed with the Court. The p a r tie s are not relieved of their duty to serve court filings on all other parties in the case p u r s u a n t to D.C.Colo.L.Civ.R. 5.1(F). The Motion for Sanctions is DENIED..

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P la in tif f 's "MOTION to Strike [95] Answer to Com p la in t" [Docum e n t #146, filed May 20, 2 0 0 9 ] is DENIED. D e f e n d a n t's "MOTION For Additional Tim e " [Docum e n t #152, filed May 20, 2009] is G R A N T E D in part as stated on the record. All Defendants who have been served as of M a y 21, 2009, shall have up to and including July 07, 2009 to file a response to the c o m p la in t , but only to the extent no response has been previously filed. Plaintiff shall have th ir ty (30) days to respond. T h e Clerk of the Court is directed to m a il a current docket sheet to all pro se parties. The p a r tie s are advised that they m u s t provide current address inform a t io n to the Court p u r s u a n t to D.C.Colo.L.Civ.R. 10.1(M). P la in tif f 's "Motion for Protective Order Preventing Plaintiff's Known Com p e tito r s from R e p r e s e n tin g Defendants" [Docum e n t #106, filed May 07, 2009] is DENIED for the r e a s o n s stated on the record. P la in tif f 's "Motion for Costs of Personal Service" [Docum e n t #44, filed April 16, 2009] is D E N IE D without prejudice. D e f e n d a n t W is e m a n 's "Motion Requesting That This Court Seal W illia m W is e m a n Motion f o r Appointm e n t of Counsel" [Docum e n t #88, filed April 29, 2009] is GRANTED.

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P a r tie s are directed to www.cod.uscourts.gov and shall fully com p ly with the procedures of the judicial o f f ic e r assigned to try this case on the m e r its . A b s e n t exceptional circum s ta n c e s , no request for rescheduling any appearance in this court will be e n te r ta in e d unless a written request is m a d e FIVE (5) business days in advance of the date of a p p e ara n c e .

Court in Recess: 11:36 a.m. Total In-Court Time 1:14, hearing concluded
*To obtain a transcript of this proceeding, please contact Avery W o o d s Reporting at [phone].

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