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U.S. District Court for the District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 01-CV-441
Filed: 03/12/01
Assigned to: Magistrate Judge Craig B Shaffe jury demand: Both
Referred to: Magistrate Judge Gudrun J Rice
Demand: $0,000
Nature of Suit: 442
Lead Docket: None
Jurisdiction: Federal Question
Dkt # in Montrose Cty Dist Ct : is 01cv8
Cause: 42:12101 Americans With Disabilities Act (ADA)
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JERRY R. BUNIGER James Peter Guthro
plaintiff
[term 11/07/01]
Killian and Guthro, PC
225 North 5th Street #1010
P.O. Box 4859
Grand Junction, CO 81502
USA
970-241-0707
v.
WARREN WATERMAN, Earl G. Rhodes
Montrose County Sheriff,
in his official capacity
defendant
[term 01/10/02]
Michael Joseph Grattan, III
Younge & Hockensmith, P.C.
743 Horizon Court #200
Grand Junction, CO 81502-1768
USA
970-242-2645
FTS 241-5719
Michael Paul Forrest
Michael P. Forrest, Atty at Law
P.O. Box 60037
Grand Junction, CO 81506
USA
970-241-3980
WARREN (I) WATERMAN, in his
individual capacity
defendant
[term 10/09/01]
DOUGLAS LARSON, Trustee of the
Bankruptcy Estate of Jerry
Buniger as the sole Plaintiff
plaintiff
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DATE # DOCKET ENTRY
3/12/01 1 NOTICE OF REMOVAL from Montrose Cty Dist Ct Case Number:
01cv8 (bm) [Entry date 03/14/01]
3/12/01 -- FILING FEE PAID: on 3/12/01 in the amount of $ 150,
receipt # 224238. (bm) [Entry date 03/14/01]
3/13/01 -- First AMENDED COMPLAINT by plaintiff; jury demand (bm)
[Entry date 03/14/01]
3/15/01 2 LETTER to attorneys for plaintiff, defendant re:
reassignment of judge (bm)
3/19/01 3 MOTION by defendant to dismiss (pr) [Entry date 03/23/01]
3/28/01 4 ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate
Judge Gudrun J. Rice and General Case Management Order by
Judge Edward Nottingham, dispositive motions ddl set for
11/13/01 (cc: counsel) (pr) [Entry date 03/29/01]
4/6/01 5 RESPONSE by plaintiff Jerry R. Buniger to Dft Waterman's
motion to dismiss [3-1] (pr) [Entry date 04/10/01]
4/9/01 6 MINUTE ORDER : by Judge Edward W. Nottingham regarding
[3-1] dft's motion to dismiss, pla's response to be filed
by 4/23/01, dft may reply within 11 days of service of the
response (cc: all counsel) ; entry date : 4/10/01 (pr)
[Entry date 04/10/01]
4/9/01 7 Second AMENDED COMPLAINT [0-1] by plaintiff Jerry R.
Buniger; jury demand (pr) [Entry date 04/12/01]
4/11/01 8 MOTION by defendant for leave to file reply brief to mtn
to dismiss (brief is incorporated into the motion) (gc)
[Entry date 04/16/01]
4/11/01 8 REPLY by defendant to response to motion to dismiss [3-1]
(incorporated into motion to file reply brief) (gc)
[Entry date 04/16/01]
4/25/01 9 MINUTE ORDER : by Judge Edward W. Nottingham granting
dft's motion for leave to file reply brief to mtn to
dismiss [8-1] (cc: all counsel) ; entry date : 4/26/01 (pr)
[Entry date 04/26/01]
4/27/01 10 ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Gudrun J.
Rice ; Rule 16 conference set for 11:00 5/31/01 (cc: all
counsel) (pr) [Entry date 05/01/01]
5/18/01 11 Notice by plaintiff, and defendant of Availability of a
United States Magistrate Judge to Exercise Jurisdiction
Consent to the Exercise of Jurisdiction by U.S. Magistrate
Judge (pap) [Entry date 05/25/01]
5/31/01 17 COURTROOM MINUTES by Magistrate Judge Gudrun J. Rice ;
scheduling order/rule 16 conf held on 5/31/01 ; entry date
: 7/13/01 Court Reporter: 01-GR-28 (pap)
[Entry date 07/13/01]
6/7/01 14 SCHEDULING ORDER Magistrate Judge Gudrun J. Rice ;
Discovery cutoff 10/12/01 ;status conference 2:00 8/1/01 ;
settlement conference 1:00 9/26/01, confidential settlement
statements due 9/20/01, 2 week trial to Jury anticipated
(cc: all counsel) (pap) [Entry date 06/12/01]
6/11/01 12 ORDER of Reference upon consent of parties this case
transferred to Magistrate Judge Craig B. Shaffer for final
disposition (cc: all counsel) (gc) [Entry date 06/12/01]
6/11/01 13 LETTER from clerk to counsel re: order of reference to Mag
Judge Shaffer [12-1] (gc) [Entry date 06/12/01]
7/6/01 15 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ;
status conf reset for 2:00 7/10/01 (cc: all counsel) ;
entry date : 7/6/01 (db)
7/10/01 16 COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ;
status conf held 7/10/01 ; pretrial conf set for 11:00
1/29/02 ; Trial prep conference set for 11:00 2/18/02 ;Two
week jury trial in Grand Junction set for 9:00 3/11/02 ;
entry date : 7/12/01 Court Reporter: CBS C.V. 2001-108 (db)
[Entry date 07/12/01]
7/18/01 18 MOTION by plaintiff Jerry R. Buniger to Reschedule (reset)
Trial Date from 03/11/02 thru 03/22/02 (db)
[Entry date 07/20/01]
8/1/01 19 COURTROOM MINUTES by Magistrate Judge Gudrun J. Rice ;
Trial will be in Grand Junction. Settlement conf reset for
2:00 9/26/01 before Magistrate Judge Rice in Grand Junction
; entry date : 8/7/01 Court Reporter: Tapoe No. 01-GR-39
(db) [Entry date 08/07/01]
8/2/01 20 ORDER by Magistrate Judge Gudrun J. Rice ; settlement
conf reset for 1:00 9/26/01 (cc: all counsel) ; entry
date : 8/7/01 (db) [Entry date 08/07/01]
8/8/01 21 NOTICE of Trial by plaintiff for 4/1/02 - 4/12/01 (pap)
[Entry date 08/13/01]
8/27/01 22 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
regarding [21-1] notice of trial ; pretrial conf set for
11:00 1/29/02 ; two weeks jury trial set for 9:00 4/1/02 in
Grand Junction, CO; pto ddl set for 1/22/02 (cc: all
counsel) ; entry date : 8/28/01 (db) [Entry date 08/28/01]
9/11/01 23 MINUTE ORDER : by Magistrate Judge Gudrun J. Rice ; re:
settlement conf set for 1:00 9/26/01 (cc: all counsel) ;
entry date : 9/14/01 (db) [Entry date 09/14/01]
9/27/01 24 MOTION by plaintiff to extend discovery cutoff to 11/12/01
(gc) [Entry date 10/01/01]
10/9/01 25 MEMORANDUM, OPINION, AND ORDER: by Magistrate Judge Craig
B. Shaffer granting dft's motion to dismiss [3-1] pla's 5th
clm, granting dft's motion to extend discovery cutoff to
11/12/01 [24-1] dismissing party Warren (I) Waterman,
indiv, ; discovery ddl set 11/12/01 (cc: all counsel) ;
entry date : 10/10/01 (db) [Entry date 10/10/01]
10/19/01 26 MOTION by defendant Warren Waterman to dismiss Buniger as
a party pla in this action (db) [Entry date 10/22/01]
10/24/01 27 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
regarding dft's [26-1] motion to dismiss Buniger as a party
pla in this action, pla has to 11/2/01 to file a resp (cc:
all counsel) ; entry date : 10/24/01 (db)
11/2/01 28
Unopposed MOTION by plaintiff Jerry R. Buniger for
substitute party the
Bankruptcy Estate of Jerry Buniger for
pla (db) [Entry date 11/05/01]
11/2/01 29 RESPONSE by plaintiff Jerry R. Buniger to dft's motion to
dismiss Buniger as a party pla in this action [26-1] (db)
[Entry date 11/05/01]
11/7/01 30
ORDER by Magistrate Judge Craig
B. Shaffer granting
motion for substitute party
the Bankruptcy Estate of Jerry
Buniger for pla [28-1],
denying as moot motion to dismiss
Buniger as a party pla in
this action [26-1] substituting
plaintiff Douglas Larson (cc: all counsel) ; entry date :
11/8/01 (db) [Entry date 11/08/01]
11/13/01
31 MOTION by defendant Warren
Waterman for summary judgment
on all pla's claims (db) [Entry date 11/19/01]
11/13/01 32 MOTION by plaintiff Jerry R. Buniger to extend discovery
cut off to 12/28/01 (db) [Entry date 11/19/01]
11/20/01 33 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ;
Trial prep conference reset for 1:30 2/19/02 (cc: all
counsel) ; entry date : 11/21/01 (gc) [Entry date 11/21/01]
11/27/01 34 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
granting motion to extend discovery cut off to 12/28/01
[32-1] ; discovery ddl reset 12/28/01 (cc: all counsel) ;
entry date : 11/28/01 (pap) [Entry date 11/28/01]
11/27/01 35 NOTICE to Correct Caption by defendant Warren Waterman re:
order [25-3] (db) [Entry date 12/03/01]
12/3/01 36 ANSWER by defendant(s) to second amended complaint [7-1];
jury demand (db) [Entry date 12/06/01]
12/3/01 37 Uncontested MOTION by plaintiff Douglas Larson to extend
time to 1/4/02 to resp to dft's mtn for sum jgm (db)
[Entry date 12/07/01]
12/11/01 38 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
granting motion to extend time to 1/4/02 to resp to dft's
mtn for sum jgm [37-1], regarding [31-1] motion for summary
judgment on all pla's claims (cc: all counsel) ; entry
date : 12/12/01 (db) [Entry date 12/12/01]
1/4/02 39 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer ;
discovery ddl satisfied 12/28/01 ; disp mtn ddl satisfied
11/13/01 ; settlement conf held 9/26/01 ; pretrial conf set
for 8:00 2/11/02 (cc: all counsel) ; entry date : 1/4/02
(db)
1/4/02 40 RESPONSE by plaintiff Douglas Larson to dft's motion for
summary judgment on all pla's claims [31-1] (db)
[Entry date 01/07/02]
1/10/02 41 ATTORNEY SUBSTITUTION: terminating attorney Michael Paul
Forrest for Warren Waterman, attorney Michael Joseph
Grattan III for Warren Waterman and substituting attorney
Earl G. Rhodes (db)
1/11/02 42 MOTION by defendant Warren Waterman for leave to file
reply brief in support of mtn for sum jgm (db)
[Entry date 01/15/02]
1/22/02 43 ORDER by Magistrate Judge Craig B. Shaffer ; pto ddl set
for 2/20/02 ; pretrial conf set for 8:00 2/27/02 ; Trial
prep conference vacated on 1/22/02 setting hearing on
motion for summary judgment on all pla's claims [31-1] 8:00
2/27/02 (cc: all counsel) ; entry date : 1/23/02 (db)
[Entry date 01/23/02]
1/24/02 44 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
granting motion for leave to file reply brief in support
of mtn for sum jgm [42-1], regarding [31-1] motion for
summary judgment on all pla's claims, rply due by 1/25/02
(cc: all counsel) ; entry date : 1/24/02 (db)
1/30/02 45 REPLY brief in support by defendant Warren Waterman to
motion for summary judgment on all pla's claims [31-1] (pap)
[Entry date 02/01/02]
2/1/02 46 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
regarding dft's [45-1] motion reply, regarding [31-1] dft's
motion for summary judgment on all pla's claims, pla is
granted leave to resp by 2/12/02 (cc: all counsel) ; entry
date : 2/4/02 (db) [Entry date 02/04/02]
2/12/02 48 ORDER by Magistrate Judge Gudrun J. Rice confidential
settlement statement by 2/20/02 (cc: all counsel) ; entry
date : 2/13/02 (db) [Entry date 02/13/02]
2/13/02 47 Uncontested MOTION by plaintiff Douglas Larson to extend
time to 2/19/02 to resp to dft's mtn for sum jgm (db)
2/15/02 49 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
granting motion to extend time to 2/19/02 to resp to dft's
mtn for sum jgm [47-1], regarding [31-1] motion for summary
judgment on all pla's claims (cc: all counsel) ; entry
date : 2/15/02 (db)
2/19/02 50 Second (AMENDED) MOTION by plaintiff Douglas Larson to
extend time to 2/22/02 to resp to dft's mtn for sum jgm
regarding motion to extend time to 2/19/02 to resp to dft's
mtn for sum jgm [47-1] (db) [Entry date 02/20/02]
2/20/02 51 Uncontested MOTION by plaintiff Douglas Larson to extend
time to 2/22/02 to file schedo (db) [Entry date 02/22/02]
2/22/02 52 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
granting motion to extend time to 2/22/02 to resp to dft's
mtn for sum jgm [50-1], regarding [31-1] motion for summary
judgment on all pla's claims, granting motion to extend
time to 2/22/02 to file schedo [51-1] (cc: all counsel) ;
entry date : 2/25/02 (db) [Entry date 02/25/02]
2/22/02 53 RESPONSE by plaintiff Douglas Larson to dft's reply to
pla's resp to dft's motion for summary judgment on all
pla's claims [31-1] *asserting pla is not disabled (db)
[Entry date 02/25/02]
2/26/02 54 ORDER by Magistrate Judge Gudrun J. Rice second
settlement conf set for 8:00 3/4/02 (cc: all counsel) ;
entry date : 2/27/02 (db) [Entry date 02/27/02]
2/27/02 55 COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer
taking under advisement on 2/27/02 the motion for summary
judgment on all pla's claims [31-1] pretrial con hedl, ;
pretrial conf held 2/27/02 ; entry date : 2/28/02 Court
Reporter: CBS C.V. 2002-49 & 50 (db) [Entry date 02/28/02]
2/27/02 56 PRE-TRIAL ORDER by Magistrate Judge Craig B. Shaffer (cc:
all counsel) (db) [Entry date 02/28/02]
3/6/02 57 CERTIFICATE of Service of Dft's Offer of Judgment by
defendant Warren Waterman (db) [Entry date 03/07/02]
3/15/02 58 COURTROOM MINUTES by Magistrate Judge Craig B. Shaffer ;
settlement conf held 3/4/02 ; tentative two week jury trial
set for 8/19/02 ; tele Trial prep conference set for 9:30
8/1/02 ; status report ddl set for 4/30/02 ; entry date :
3/18/02 Court Reporter: CBS Civil Tape No. 2002-60 (db)
[Entry date 03/18/02]
3/18/02 59 MOTION by defendant Warren Waterman for entry of judgment
purs to Fed.R.Civ.P. 68 (db) [Entry date 03/19/02]
3/19/02 60
AMENDED MOTION by defendant Warren Waterman for judgment
purs to Fed.R.Civ.P. 68
regarding motion for entry of
judgment purs to Fed.R.Civ.P.
68 [59-1] (db)
[Entry date 03/20/02]
3/21/02 61 MINUTE ORDER : by Magistrate Judge Craig B. Shaffer
regarding dft's amended [60-1] motion for judgment purs to
Fed.R.Civ.P. 68, pla has to 4/4/02 to file resp (cc: all
counsel) ; entry date : 3/21/02 (db)
3/22/02 62 ORDER by Magistrate Judge Craig B. Shaffer ; jury trial
set for 8/19/02 ; Trial prep conference set for 9:30 8/1/02
; status report ddl set for 4/30/02 (cc: all counsel) ;
entry date : 3/22/02 (db)
3/22/02 64 Objection (RESPONSE) by plaintiff Douglas Larson to dft's
motion for judgment purs to Fed.R.Civ.P. 68 [60-1] (db)
[Entry date 03/25/02]
3/25/02 63
MEMORANDUM, OPINION, AND ORDER:
by Magistrate Judge Craig
B. Shaffer denying dft's
motion for summary judgment on all
pla's claims [31-1] jury
trial set for 9:00 8/19/02 at
Grand Junction, CO (cc: all
counsel) ; entry date :
3/25/02 (db)
4/5/02 65 AMENDMENT by plaintiff Douglas Larson to pla's response to
def's amended [64-1], motion for judgment purs to
Fed.R.Civ.P. 68 [60-1] (db)
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Case Flags:
NDISPO
CONMAG
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END OF DOCKET: 1:01cv441 of April 5, 2002
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