Carbajal et al v. Morrissey et al
Filing
65
MINUTE ORDER; 57 Motion to Amend Complaint is DENIED without prejudice. 63 Motion to Vacate Scheduling Conference and Stay All Proceedings is GRANTED in part and DENIED without prejudice in part. The Scheduling Conference set for 4/11/13 at 11:00 AM is VACATED and shall be reset if necessary after resolution of the pending dispositive motions, by Magistrate Judge Kristen L. Mix on 3/21/2013.(klmcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03231-REB-KLM
VICTORIA CARBAJAL,
DEAN CARBAJAL, and
LUIS LEAL,
Plaintiffs,
v.
MITCHELL R. MORISSEY, District Attorney for the Second Judicial District, in his official
and individual capacities,
JEFFREY WATTS, Investigator for the Second Judicial District, in his official and individual
capacities,
ROBERT FULLER, Investigator for the Second Judicial District, in his official and individual
capacities,
REBEKAH MELNICK, Deputy District Attorney for the Second Judicial District, in her official
and individual capacities,
LARA MULLIN, Deputy District Attorney for the Second Judicial District, in her official and
individual capacities,
MILES FLESCHE, District Administrator and Clerk for the Second Judicial District, in his
official and individual capacities,
KEITH CRISWELL, Deputy Court Clerk for the Second Judicial District, in his official and
individual capacities,
ANNE MANSFIELD, District Court Judge for the Second Judicial District, in her official and
individual capacities,
KEEFER, Deputy Sheriff for the Denver Detention Center, in his official and individual
capacities,
MICHAEL SIMPSON, Detective for the Denver Police Department, in his official and
individual capacities,
JAY LOPEZ, Detective for the Denver Police Department, in his official and individual
capacities,
RICHARD HAGAN, Detective for the Denver Police Department, in his official and
individual capacities,
CAROL DWYER, a co-conspirator with the Second Judicial District Attorney’s Office, in her
official and individual capacities,
WELLS FARGO, a corporation,
BRIAN BERARDINI, a co-conspirator with the Second Judicial District Attorney’s Office,
in his individual capacity, and
JOHN SUTHERS, Attorney General for the State of Colorado, in his official and individual
capacities,
Defendants.
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_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Amend the Complaint to
Add Mathew Holman and Unknown Supreme Court of Colorado Personnel, and
Christopher T. Ryan Given the Onset of Abuses Related to This Action and Acts of
Retaliation and Motion for a Stay Pending the Filing of the Supplemental Complaint
[Docket No. 57; Filed March 19, 2013] (the “Motion to Amend”) and on Defendants Mitchell
R. Morrissey, Jeffrey Watts, Robert Fuller, Rebekah Melnick, and Lara Mullin’s (collectively,
the “Denver DA Defendants”) Motion to Vacate Scheduling Conference and Stay All
Proceedings Pending Immunity Determination [Docket No. 63; Filed March 21, 2013]
(the “Motion to Vacate”).
IT IS HEREBY ORDERED that the Motion to Amend [#57] is DENIED without
prejudice. If Plaintiff is seeking leave to file an Amended Complaint, he must file a motion
which complies with the federal and local rules, namely, Fed. R. Civ. P. 15(a) and 20(a),
and which includes the proposed Amended Complaint as a document separate from the
Motion. The Court will not permit piecemeal adjudication of Plaintiff’s case, thus Plaintiff
must include all claims he seeks to bring and defendants he intends to name in the
proposed Amended Complaint. However,
IT IS FURTHER ORDERED, sua sponte, that Plaintiff may file a compliant Motion
to Amend which includes the proposed Amended Complaint on or before April 12, 2013.
IT IS FURTHER ORDERED, sua sponte, that if Plaintiff does not timely file a motion
to amend, then Plaintiff shall file Responses to the following Motions on or before April
19, 2013: #34, #40, #41, #43, #50, and #60.
IT IS FURTHER ORDERED, sua sponte, that if Plaintiff timely files a motion to
amend, the Court will address his need to respond and any deadline to respond to #34,
#40, #41, #43, #50, and #60 in a separate order.
IT IS FURTHER ORDERED that the Motion to Vacate [#63] is GRANTED in part
and DENIED without prejudice in part.
The Motion is granted as follows: the Scheduling Conference set for April 11, 2013
at 11:00 a.m. is VACATED and shall be reset if necessary after resolution of the pending
dispositive motions.
The Motion is denied without prejudice as follows: given the current posture of this
case, a stay is unwarranted. The Court has not yet held a scheduling conference.
Accordingly, discovery may not begin, no discovery parameters or case management
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deadlines have been set, and there are no deadlines or other issues that would be subject
to a stay.
Dated: March 21, 2013
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