Case details

Court: cod
Docket #: 1:17-cv-01937
Case Name: Baca et al v. Colorado Department of State
PACER case #: 173314
Date filed: 2017-08-10
Assigned to: Judge Wiley Y. Daniel
Referred to: Magistrate Judge Nina Y. Wang
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 441 Civil Rights: Voting
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Micheal Baca
Plaintiff
Jason Bryan Wesoky
Darling Milligan Horowitz PC 1331 17th Street Suite 800 Denver, CO 80202 303-623-9133 Fax: 303-623-9129 Email: jwesoky@dmhlaw.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lester Lawrence Lessig , III
Harvard Law School 1563 Massachusetts Avenue Cambridge, MA 02138 617-496-8853 Email: lessig@this.is
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Polly Baca
Plaintiff
Lester Lawrence Lessig , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason Bryan Wesoky
(See above for address)
ATTORNEY TO BE NOTICED

Robert Nemanich
Plaintiff
Lester Lawrence Lessig , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason Bryan Wesoky
(See above for address)
ATTORNEY TO BE NOTICED

Colorado Department of State
Defendant
Grant T. Sullivan
Colorado Attorney General's Office Ralph L. Carr Colorado Judicial Center 1300 Broadway Denver, CO 80203 720-508-6349 Fax: 720-508-6038 Email: grant.sullivan@coag.gov
ATTORNEY TO BE NOTICED

Wayne W. Williams
Defendant
Colorado Secretary of State, in his indiviudal capacity TERMINATED: 10/25/2017
Grant T. Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

LeeAnn Morrill
Colorado Attorney General's Office Ralph L. Carr Colorado Judicial Center 1300 Broadway Denver, CO 80203 720-508-6000 Fax: 720-508-6032 Email: leeann.morrill@coag.gov
ATTORNEY TO BE NOTICED

Matthew David Grove
Colorado Attorney General's Office Ralph L. Carr Colorado Judicial Center 1300 Broadway Denver, CO 80203 720-508-6000 Fax: 720-508-6032 Email: matt.grove@coag.gov
ATTORNEY TO BE NOTICED

William V. Allen
Colorado Attorney General's Office Ralph L. Carr Colorado Judicial Center 1300 Broadway Denver, CO 80203 720-508-6000 Fax: 720-508-6032 Email: Will.allen@coag.gov
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2017-08-10 1 0 COMPLAINT against Wayne W. Williams (Filing fee $ 400,Receipt Number 1082-5657982)Attorney Jason Bryan Wesoky added to party Polly Baca(pty:pla), Attorney Jason Bryan Wesoky added to party Robert Nemanich(pty:pla), filed by Robert Nemanich, Polly Baca. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Notice of a Lawsuit and Request to Waive Service of Summons)(Wesoky, Jason) (Entered: 08/10/2017)
2017-08-10 2 0 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry (dbera, ) (Entered: 08/10/2017)
2017-08-10 3 0 SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (dbera, ) (Entered: 08/10/2017)
2017-08-18 4 0 SUMMONS Returned Executed by All Plaintiffs. All Defendants. (Wesoky, Jason) (Entered: 08/18/2017)
2017-08-21 5 0 ORDER by Magistrate Judge Nina Y. Wang on 8/21/2017. Consent Form due by 9/19/2017. Scheduling Conference set for 10/3/2017 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. (tsher, ) (Entered: 08/21/2017)
2017-09-06 6 0 NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of Wayne W. Williams (Sullivan, Grant) (Entered: 09/06/2017)
2017-09-06 7 0 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Wayne W. Williams. (Sullivan, Grant) (Entered: 09/06/2017)
2017-09-06 8 0 NOTICE OF CASE ASSOCIATION by Grant T. Sullivan on behalf of Wayne W. Williams (Sullivan, Grant) (Entered: 09/06/2017)
2017-09-06 9 0 MINUTE ORDER: Pending before the court is 7 Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond. The Parties indicate that this 21-day extension is sought pursuant to D.C.COLO.LCivR 6.1(a). Accordingly, this court construes the motion as the Parties' one stipulation for an extension of time pursuant to Local Rule 6.1(a). Defendant Wayne W. Williams shall answer or otherwise respond on or before 9/28/2017. By Magistrate Judge Nina Y. Wang on 9/6/2017. Text Only Entry (nywlc2, ) (Entered: 09/06/2017)
2017-09-12 10 0 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c) by Defendant Wayne W. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sullivan, Grant) (Entered: 09/12/2017)
2017-09-14 11 0 NOTICE of Entry of Appearance by LeeAnn Morrill on behalf of Wayne W. WilliamsAttorney LeeAnn Morrill added to party Wayne W. Williams(pty:dft) (Morrill, LeeAnn) (Entered: 09/14/2017)
2017-09-19 12 0 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Polly Baca, Robert Nemanich All parties consent.. (Wesoky, Jason) (Entered: 09/19/2017)
2017-09-20 13 0 NOTICE of Filing Amended Pleading -Amended Complaint by Plaintiffs Polly Baca, Robert Nemanich (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Redline of Amended Complaint)(Wesoky, Jason) (Entered: 09/20/2017)
2017-09-20 14 0 ORDER: Pursuant to 28 U.S.C. 636(c)(4) and Local Rule 40.1(c)(9), the undersigned finds that although the parties have consented to the have the Magistrate Judge preside in full over this action, the subject matter of the action -- a challenge to the constitutionality of a state statute -- has a public consequence that makes the case inappropriate for reference to a Magistrate Judge upon the private parties' consent. Accordingly, the Clerk of the Court shall treat this action as one in which consent has not been achieved under Local Rule 40.1(c)(7), and shall draw this action to an Article III judge. By Chief Judge Marcia S. Krieger on 9/20/17. Text Only Entry (msklc2, ) (Entered: 09/20/2017)
2017-09-21 15 0 CASE REASSIGNED. pursuant to 14 Order. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 17-cv-01937-WYD. (Text Only Entry) (nmarb, ) (Entered: 09/21/2017)
2017-09-21 16 0 NOTICE of Entry of Appearance by Matthew David Grove on behalf of Wayne W. WilliamsAttorney Matthew David Grove added to party Wayne W. Williams(pty:dft) (Grove, Matthew) (Entered: 09/21/2017)
2017-09-21 17 0 ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang for non-dispositive matters. That pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge, or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. By Judge Wiley Y. Daniel on 9/21/17. Text Only Entry (rkeec) (Entered: 09/21/2017)
2017-09-21 18 0 MEMORANDUM regarding 10 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c) filed by Wayne W. Williams. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 9/21/17. Text Only Entry (rkeec) (Entered: 09/21/2017)
2017-09-22 19 0 NOTICE of Entry of Appearance by William V. Allen on behalf of Wayne W. WilliamsAttorney William V. Allen added to party Wayne W. Williams(pty:dft) (Allen, William) (Entered: 09/22/2017)
2017-09-26 20 0 MINUTE ORDER: In light of 10 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c), the Scheduling Conference set for 10/3/2017 10:30 AM is VACATED and RESET as a Motion Hearing/Scheduling Conference for 11/3/2017 09:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The Parties shall submit their Proposed Scheduling Order, including a Microsoft Word copy to Wang_Chambers@cod.uscourts.gov, by 10/27/2017. By Magistrate Judge Nina Y. Wang on 9/26/2017. Text Only Entry (nywlc2, ) (Entered: 09/26/2017)
2017-09-29 21 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c) by Plaintiffs Micheal Baca, Polly Baca, Robert Nemanich. (Attachments: # 1 Proposed Order (PDF Only))(Wesoky, Jason) (Entered: 09/29/2017)
2017-09-29 22 0 MEMORANDUM regarding 21 Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c) filed by Robert Nemanich, Micheal Baca, Polly Baca. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 9/29/17. Text Only Entry (rkeec) (Entered: 09/29/2017)
2017-09-29 23 0 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 21 Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c) filed by attorney Jason B. Wesoky. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (evana, ) (Entered: 09/29/2017)
2017-10-02 24 0 ORDER granting 21 Motion for Extension of Time to File Response/Reply. Plaintiffs shall have up to and including 10/6/2017, to file their Response to the Motion to Stay. Furthermore, all motions for an extension of time shall comply with D.C.COLO.LCivR 6.1(c), as future noncompliance may result in this court striking the motion without substantive consideration. By Magistrate Judge Nina Y. Wang on 10/2/2017. Text Only Entry (nywlc2, ) (Entered: 10/02/2017)
2017-10-03 25 0 MOTION for Extension of Time to File Answer or Otherwise Respond re 13 Notice of Filing Amended Pleading Amended Complaint by Defendant Wayne W. Williams. (Sullivan, Grant) (Entered: 10/03/2017)
2017-10-03 26 0 MEMORANDUM regarding 25 MOTION for Extension of Time to File Answer or Otherwise Respond re 13 Notice of Filing Amended Pleading Amended Complaint filed by Wayne W. Williams. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 10/3/17. Text Only Entry (rkeec) (Entered: 10/03/2017)
2017-10-05 27 0 ORDER granting 25 Motion for Extension of Time to Answer or Otherwise Respond. Defendant shall answer or otherwise respond to the First Amended Complaint 13 on or before 10/25/2017. Defendant also indicates that the Parties are discussing the possibility of Plaintiffs filing a Second Amended Complaint. To the extent Plaintiffs intend to do so, they shall file their Second Amended Complaint, whether by motion or consent, on or before 10/25/2017. No further extensions will be granted absent extraordinary circumstances. By Magistrate Judge Nina Y. Wang on 10/5/2017. Text Only Entry (nywlc2, ) (Entered: 10/05/2017)
2017-10-06 28 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c) by Plaintiffs Micheal Baca, Polly Baca, Robert Nemanich. (Wesoky, Jason) (Entered: 10/06/2017)
2017-10-06 29 0 MEMORANDUM regarding 28 Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Stay Discovery and Disclosures and For Protective Order Under Fed. R. Civ. P. 26(c) filed by Robert Nemanich, Micheal Baca, Polly Baca. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 10/6/17. Text Only Entry (rkeec) (Entered: 10/06/2017)
2017-10-11 30 0 Joint STATUS REPORT and Request for Case Management Conference by Defendant Wayne W. Williams. (Grove, Matthew) (Entered: 10/11/2017)
2017-10-11 31 0 ORDER granting 28 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their Response, if any, on or before 10/20/2017. Counsel are reminded that all motions for an extension of time must comply with the Honorable Wiley Y. Daniel's Civil Practice Standards ยง II.F.2., as future noncompliance may result in this court striking the motion without substantive consideration. Furthermore, a Status Conference is SET for 10/17/2017 09:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang to discuss 30 Joint Status Report. By Magistrate Judge Nina Y. Wang on 10/11/2017. Text Only Entry (nywlc2, ) (Entered: 10/11/2017)
2017-10-12 32 0 Joint MOTION to Vacate and Reset Status Conference Scheduled for October 17, 2017 by Defendant Wayne W. Williams. (Morrill, LeeAnn) (Entered: 10/12/2017)
2017-10-12 33 0 MEMORANDUM regarding 32 Joint MOTION to Vacate and Reset Status Conference Scheduled for October 17, 2017 filed by Wayne W. Williams. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 10/12/17. Text Only Entry (rkeec) (Entered: 10/12/2017)
2017-10-12 34 0 ORDER granting 32 Motion to Vacate. The Status Conference set for 10/17/2017 is VACATED and RESET for 10/19/2017 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 10/12/2017. Text Only Entry (nywlc2, ) (Entered: 10/12/2017)
2017-10-19 35 0 COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 10/19/2017 before Magistrate Judge Nina Y. Wang. Parties discuss the issues outlined in Joint Status Report and Request for Case Management Conference 30 filed 10/11/2017. Defendant shall file a Joint Motion for the Entry of the Stipulation as an Order of the Court, as discussed, no later than 10/19/2017. FTR: Courtroom C-204. (bwilk, ) (Entered: 10/19/2017)
2017-10-19 36 0 Joint MOTION for Order to Approve and Enter the Stipulation of the Parties as an Order of the Court by Defendant Wayne W. Williams. (Attachments: # 1 Exhibit A)(Morrill, LeeAnn) (Entered: 10/19/2017)
2017-10-20 37 0 ORDER re: 36 Joint Stipulation of the parties, by Judge Wiley Y. Daniel on 10/20/2017. (evana, ) (Entered: 10/20/2017)
2017-10-25 38 0 NOTICE of Second Amended Complaint by Plaintiffs Micheal Baca, Polly Baca, Robert Nemanich (Attachments: # 1 Exhibit, # 2 Exhibit)(Wesoky, Jason) (Entered: 10/25/2017) 2017-10-26 11:28:33 b98befc7fde7220598e99b0251e6907d2ae63331
38 1 Exhibit 2017-10-26 11:32:00 1b50f63bf7e1cbd00ac4040b73695d31745b304a
38 2 Exhibit
2017-10-25 39 0 SECOND AMENDED COMPLAINT against Colorado Department of State, filed by Robert Nemanich, Polly Baca, Micheal Baca.(evana, ) (Entered: 10/27/2017)
2017-10-27 40 0 NOTICE of Withdrawal of Objection to Defendant's 10 Motion to Stay Discovery and Disclosure by Plaintiffs Micheal Baca, Polly Baca, Robert Nemanich (Wesoky, Jason) (Modified on 10/27/2017 added link to 10 )(evana, ). (Entered: 10/27/2017)
2017-10-27 41 0 ORDER granting 10 Motion to Stay. In light of Plaintiffs' withdrawal of their opposition to the Motion to Stay, and pursuant to the Honorable Wiley Y. Daniel's 37 Order of the Court Re: Stipulation of the Parties, this matter is STAYED as follows: Discovery and disclosures will be stayed until the Colorado Department of State's forthcoming Motion to Dismiss the Second Amended Complaint is decided; In the event that the Colorado Department of State's forthcoming Motion to Dismiss is denied, the parties will engage in informal written discovery to expedite the case, including the voluntary exchange of documents and reaching stipulations of fact where possible, and to forego formal written discovery; the parties will be permitted to take depositions, including a Rule 30(b)(6) deposition of the Department of State, but the Secretary of State, Wayne W. Williams, will not be deposed. In addition, the Motion Hearing and Scheduling Conference set for 11/3/2017 9:30 AM before Magistrate Judge Nina Y. Wang are hereby VACATED. By Magistrate Judge Nina Y. Wang on 10/27/2017. Text Only Entry (nywlc2, ) (Entered: 10/27/2017)
2017-11-08 42 0 MOTION to Dismiss by Defendant Colorado Department of State. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sullivan, Grant) (Entered: 11/08/2017) 2017-11-09 10:35:35 d3cc43079e4236b10dca59cb96d0637bfd0be2d3
42 1 Exhibit A
42 2 Exhibit B