Carbajal et al v. Morrissey et al

Filing 80

MINUTE ORDER granting 75 Motion to Extend. Gilbert Hagan, Gilbert (I) Hagan, Keefer,(I) Keefer, Jay (I) Lopez, Jay Lopez, Michael Simpson and Michael (I) Simpson answer due 5/13/2013. Also granting 78 Motion to Clarify. Defendant City and County of Denver need not file a Reply to Plaintiff's Response untilafter resolution of the underlying Motion for Leave [# 40 ]. By Magistrate Judge Kristen L. Mix on 4/12/2013. (klyon, )

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 Defendants Deputy Sheriff Keefer, Michael
Simpson, Jay Lopez, and Richard Hagan’s Motion to Extend Time to Answer or
Otherwise Plead [Docket No. 75; Filed April 9, 2013] (the “Motion to Extend”) and on
Defendant City and County of Denver’s Motion to Clarify [Docket No. 78; Filed April 9,
2013].
IT IS HEREBY ORDERED that the Motion to Extend [#75] is GRANTED.
Defendants Deputy Sheriff Keefer, Michael Simpson, Jay Lopez, and Richard Hagan shall
file an answer or otherwise respond to Plaintiff’s Amended Complaint on or before May
13, 2013.
IT IS FURTHER ORDERED that the Motion to Clarify [#78] is GRANTED as follows:
Defendant City and County of Denver’s proposed Motion to Dismiss [#40-1] has not yet
been docketed as a motion in this matter, because Defendant City and County of Denver’s
underlying Motion for Leave to File Appearance and Motion to Dismiss, Instanter, is not yet
ripe for a ruling by the Court. Although Plaintiffs have filed a Response [#68] to the
proposed Motion to Dismiss [#40-1], this Response was premature. Accordingly,
Defendant City and County of Denver need not file a Reply to Plaintiff’s Response until
after resolution of the underlying Motion for Leave [#40].
Dated: April 12, 2013

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