Carbajal v. Warner et al

Filing 216

MINUTE ORDER. Plaintiffs Motion for Sanctions 214 is STRICKEN. By Magistrate Judge Kristen L. Mix on 8/25/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02862-REB-KLM
VICTORIA CARBAJAL, and
DEAN CARBAJAL,
Plaintiffs,
v.
SEVENTH JUDICIAL DISTRICT, a political subdivision of the State of Colorado,
DELTA COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of
the State of Colorado,
MYRL SERRA, former District Attorney of the Seventh Judicial District, in his individual
capacity,
SHERRI PRICE, Deputy District Attorney of the Seventh Judicial District, in her
individual and official capacities,
PATRICIA KRAMER, former Deputy District Attorney of the Seventh Judicial District, in
her individual capacity,
JEFF BOYD HERRON, private counsel, in his individual capacity,
J. STEVEN PATRICK, District Court Judge of the Seventh Judicial District, in his
individual and official capacities,
CHARLES R. GREENACRE, District Court Judge of the Seventh Judicial District, in his
individual and official capacities,
SANDRA K. MILLER, Magistrate/County Court Judge of the Seventh Judicial District, in
her individual capacity,
JAMES W. SCHUM, District Court Judge of the Seventh Judicial District, in his
individual and official capacities,
MANDY ALLEN, Court Clerk of the Seventh Judicial District, in her individual and official
capacities,
CAROL WARNER, Chief Probation Officer of the Seventh Judicial District, in her
individual and official capacities,
RICHARD MAHAR, Probation Officer of the Seventh Judicial District, in his individual
and official capacities,
DAVID ROMERO, Probation Officer of the Seventh Judicial District, in his individual and
official capacities,
JOSEPH QUINTANA, Probation Officer of the Seventh Judicial District, in his individual
and official capacities,
UNKNOWN DELTA SHERIFF, in his individual and official capacities,
BILL RAILEY, Captain in the Delta Sheriff’s Department, in his individual and official
capacities,
CHRIS WELDON, Sergeant in the Delta Sheriff’s Department, in his individual and
official capacities,
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TIMOTHY HATCH, Deputy Sheriff in the Delta Sheriff’s Department, in his individual
and official capacities,
BEA WOLFE, Deputy Sheriff in the Delta Sheriff’s Department, in his individual and
official capacities,
BENJAMIN SCHROEDER, Deputy Sheriff in the Delta Sheriff’s Department, in his
individual and official capacities,
CITY OF DENVER, a municipality of the State of Colorado,
DENVER CHIEF OF POLICE, in his individual and official capacities,
GILBERTO LUCIO, Detective in the Denver Police Department, in his individual and
official capacities,
LAURIE FREUND, Detective in the Denver Police Department, in her individual and
official capacities,
JAMES DIXON, Police Officer in the Denver Police Department, in his individual and
official capacities,
ADAM BARRETT, Police Officer in the Denver Police Department, in his individual and
official capacities,
PERRY SPEERMAN, Sergeant in the Denver Police Department, in his individual and
official capacities,
JOEL SMITH, Police Officer in the Denver Police Department, in his individual and
official capacities,
ABBEGAYLE DORN, Police Officer in the Denver Police Department, in her individual
and official capacities,
JESSE REMBERT, Police Officer in the Denver Police Department, in his individual and
official capacities,
JAY LOPEZ, Police Officer in the Denver Police Department, in his individual and official
capacities,
MICHAEL O’NEILL, Police Officer in the Denver Police Department, in his individual and
official capacities,
BRYAN O’NEILL, Police Officer in the Denver Police Department, in his individual and
official capacities,
JEFFREY WATTS, Senior Detective Investigator for the Second Judicial District, in his
individual and official capacities,
ED GRUNINGER, Detective Investigator for the Second Judicial District, in his individual
and official capacities,
COLORADO DEPARTMENT OF CORRECTIONS, a political subdivision of the State of
Colorado,
UNKNOWN CORRECTIONAL OFFICER 1, Correctional/Parole Officer in the Colorado
Department of Corrections, in his individual and official capacities,
UNKNOWN CORRECTIONAL OFFICER 2, Correctional/Parole Officer in the Colorado
Department of Corrections, in his individual and official capacities,
CITY OF WESTMINSTER, a municipality of the State of Colorado,
UNKNOWN WESTMINSTER POLICE OFFICER 1, in his individual and official
capacities,
UNKNOWN WESTMINSTER POLICE OFFICER 2, in his individual and official
capacities,
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CITY OF ARVADA, a municipality of the State of Colorado,
DON WICK, Arvada Chief of Police, in his individual and official capacities,
PATRICK MEESTER, Police Officer in the Arvada Police Department, in his individual
and official capacities,
A.J. DEANDREA, Sergeant in the Arvada Police Department, in his individual and
official capacities,
JOURDAN LOPEZ-BASGALL, Police Officer in the Arvada Police Department, in his
individual and official capacities, and
GREGORY SULLIVAN, in his individual capacity, jointly and severally,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Motion for Sanctions [Docket No. 214;
Filed August 24, 2011] (the “Motion”).
IT IS HEREBY ORDERED that the Motion is STRICKEN. Pursuant to my Order
dated June 23, 2011, Plaintiffs shall not file any motions “until a written order has been
issued on the pending Motions to Dismiss.” Order [#181] at 3. No order has yet been
issued. In addition, Plaintiffs have been warned that they may not sign pleadings for each
other. Id. at 2. This pleading appears to have been signed for Plaintiff Victoria Carbajal
by Plaintiff Dean Carbajal. Plaintiffs’ failure to comply with my prior Order is not well taken.
Moreover, although the Court does not substantively rule on the Motion, the Court
notes that the basis provided for Plaintiffs’ request for sanctions appears to be
inappropriate. Defendants have a right to assert defenses listed in Fed. R. Civ. P. 12(b)
in response to Plaintiffs’ Complaint. Regardless that Plaintiffs disagree with the applicability
of certain defenses, Fed. R. Civ. P. 11 does not appear to justify sanctions in these
circumstances. Although Plaintiffs are proceeding pro se, they are nevertheless bound by
Rule 11's requirements that they not file frivolous or unnecessary pleadings. See White v.
GMC, 908 F.2d 675, 683 (10th Cir. 1990). Future motions which run afoul of Rule 11 or
which violate my prior Order may subject Plaintiffs to sanctions, including monetary
penalties and/or dismissal of their case.
Dated: August 25, 2011

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