Terry v. Fairfield Properties LP et al
| Colorado District Court | |
| Judge: | Regina M Rodriguez |
| Case #: | 1:22-cv-02095 |
| Nature of Suit | 443 Civil Rights - Housing/Accommodations |
| Cause | 42:3601 Fair Housing Act |
| Case Filed: | Aug 15, 2022 |
| Terminated: | Aug 29, 2023 |
| Last checked: Saturday Feb 11, 2023 8:04 AM MST |
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Defendant
Front Range Entities Inc
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Represented By
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Defendant
Tschetter Sulzer, P.C.
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Represented By
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Defendant
2300 Walnut Venture LLC
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Plaintiff
Jo Ann Terry
2300 Walnut Street Apartment 330
Denver, CO 80205 |
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| TERMINATED PARTIES | |
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Defendant
2037 Walnut Community LLC
Terminated: 11/14/2022
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Defendant
Fairfield Properties LP
Terminated: 08/31/2022
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Represented By
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Defendant
FedEx Ground
Terminated: 08/31/2022
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Defendant
Front Range Patrol
Terminated: 08/31/2022
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Defendant
United Parcel Service
Terminated: 08/31/2022
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Defendant
Fedground Package Ground CT Corporation
Terminated: 11/14/2022
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Plaintiff
Curtis Terry
Terminated: 08/31/2022
2300 Walnut Street Apartment 330
Denver, CO 80205 |
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| Docket last updated: 11 hours ago |
| Tuesday, August 29, 2023 | ||
| 41 | 41
2
pgs
order
Judgment
Tue 08/29 1:55 PM
FINAL JUDGMENT re:40 Order on Report and Recommendations entered by clerk on 8/29/2023. (kmyha) |
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| 40 | 40
3
pgs
order
Order on Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim
Tue 08/29 1:49 PM
ORDER accepting and adopting39 Report and Recommendations; granting16 Motion to Dismiss for Failure to State a Claim; granting17 Motion to Dismiss for Failure to State a Claim; granting25 Motion to Dismiss entered by Judge Regina M. Rodriguez on 8/29/2023.(kmyha) |
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| Monday, August 14, 2023 | ||
| 39 | 39
16
pgs
motion
Report and Recommendations
Mon 08/14 4:42 PM
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re16 Defendant Front Range Entities' Motion to Dismiss,17 Defendant Tschetter Sulzer's Motion to Dismiss, and25 Defendant Fairfield Properties' Motion to Dismiss. For the reasons stated in the Recommendation, the Court RECOMMENDS that each of the Motions to Dismiss be GRANTED. Objections to the Recommendation are due on or before 8/28/2023. SO ORDERED by Magistrate Judge S. Kato Crews on 8/14/2023. (skclc3) |
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| Monday, July 03, 2023 | ||
| 38 | 38
order
Order on Motion to Withdraw
Mon 07/03 3:02 PM
ORDER granting37 Motion to Withdraw. Attorney Anthony J. Lally, IV is permitted to withdraw as counsel for Defendant Fairfield Properties, LP. The Court notes that Defendant Fairfield Properties, LP continues to be represented by John C. Matthews and Kathleen J. Mowry. FURTHER ORDERED that the Clerk of the Court is DIRECTED to remove Mr. Lallys email address from future ECF filings and electronic notifications in this matter. SO ORDERED by Judge Regina M. Rodriguez on 7/3/2023. Text Only Entry(angar, ) |
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| Thursday, June 29, 2023 | ||
| 37 | 37
motion
Withdraw
Thu 06/29 3:44 PM
MOTION to Withdraw of Anthony J. Lally IV by Defendant Fairfield Properties LP.(Lally, Anthony) |
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Att: 1
1 pgs
Proposed Order (PDF Only) Order re: Motion to Withdraw
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| Tuesday, March 07, 2023 | ||
| 36 | 36
notice
Notice of Entry of Appearance
Tue 03/07 11:10 AM
NOTICE of Entry of Appearance by Chayla Ann Witherspoon on behalf of Front Range Entities Inc Attorney Chayla Ann Witherspoon added to party Front Range Entities Inc (pty:dft) (Witherspoon, Chayla) |
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| Monday, March 06, 2023 | ||
| 35 | 35
order
Order
Mon 03/06 10:20 AM
ORDER VACATING SCHEDULING CONFERENCE: This matter is before the Court on its own accord. A telephonic Scheduling Conference in this matter is currently set for March 7, 2023, at 10:00am. In reviewing the docket, each defendant has filed its own motion to dismiss. Those motions have been referred to this Court for a recommendation. In light of the issues raised by those motions, this Court finds good cause under Fed. R. Civ. P. 16(b)(2) to forego holding a Scheduling Conference or issuing a Scheduling Order until this Court issues recommendations on these pending motions. The Scheduling Conference is therefore VACATED and will be re-set as necessary after this Court's recommendations on the motions to dismiss. Separately, since Plaintiff is not represented by counsel the Court would like to make her aware of a couple of resources available to people representing themselves in the U.S. District Court for the District of Colorado. The first is the Federal Pro Se Clinic which provides free legal assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic helps to prepare responsive pleadings, provides assistance with other common pleadings, answers procedural questions, and explains legal concepts such as jurisdiction, venue, and service of process. Plaintiff may contact the Clinic by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The second is the Federal Limited Appearance Program (FLAP) . FLAP aims to address the difficulty pro se parties in civil litigation sometimes face when appearing in court for certain non-dispositive hearings or conferences--such as scheduling conferences, status conferences, discovery hearings, and settlement conferences--by providing those litigants with a volunteer attorney who appears with them in court. Information about FLAP may be found online at www.cobar.org/For-Members/Young-Lawyers-Division/YLD-Application. By Magistrate Judge S. Kato Crews on 03/06/2023. Text Only Entry (skc) |
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| Thursday, March 02, 2023 | ||
| 34 | 34
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 03/02 3:16 PM
ORDER denying as moot3 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). Filing fee paid on September 2, 2022 at ECF7 . ORDERED by Judge Regina M. Rodriguez on 3/2/2023. Text Only Entry(angar, ) |
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| 33 | 33
order
Memorandum
Thu 03/02 1:05 PM
MEMORANDUM regarding17 MOTION to Dismiss for Failure to State a Claim filed by Tschetter Sulzer, P.C.,25 MOTION to Dismiss filed by Fairfield Properties LP,16 MOTION to Dismiss for Failure to State a Claim filed by Front Range Entities Inc. Motions referred to Magistrate Judge S. Kato Crews, by Judge Regina M. Rodriguez on 3/2/2023. Text Only Entry (rmrja) |
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| 32 | 32
order
Order Referring Case to Magistrate Judge
Thu 03/02 12:52 PM
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 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) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 3/2/2023. Text Only Entry (rmrja) |
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| 31 | 31
misc
Letter Reassigning Case
Thu 03/02 11:14 AM
CASE REASSIGNED pursuant to30 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-02095-RMR. (Text Only Entry) (csarr, ) |
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| Wednesday, March 01, 2023 | ||
| 30 | 30
misc
Consent to Jurisdiction of Magistrate Judge
Thu 03/02 10:05 AM
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Jo Ann Terry. All parties do not consent. (csarr, ) |
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| 29 | 29
misc
Proposed Scheduling Order
Wed 03/01 3:43 PM
Proposed Scheduling Order (corrected format) by Defendant Front Range Entities Inc. (Johnson, Kathleen) |
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| 28 | 28
misc
Proposed Scheduling Order
Wed 03/01 3:40 PM
Proposed Scheduling Order by Defendant Front Range Entities Inc. (Johnson, Kathleen) |
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| 27 | 27
misc
Consent to Jurisdiction of Magistrate Judge
Wed 03/01 3:34 PM
CONSENT to Jurisdiction of Magistrate Judge by Defendant Front Range Entities Inc All parties do not consent.. (Johnson, Kathleen) |
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| 26 | 26
order
Minute Order
Wed 03/01 12:11 PM
MINUTE ORDER Pursuant to ECF doc. 23, the parties were ordered to file a proposed scheduling order no later than seven day before the scheduling conference, which would have been 2/28/2023. The docket indicates that a proposed scheduling order has not been filed. It is therefore ORDERED that parties file a proposed scheduling order and email a WORD copy to Crews_Chambers@cod.uscourts.gov, no later than close of business on 3/2/2023. IT IS FURTHER ORDERED that parties shall file the Magistrate Judge Consent form8 no later than 3/2/2023. SO ORDERED by Magistrate Judge S. Kato Crews on 3/1/2023. Text Only Entry (amont, ) |
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| Tuesday, February 28, 2023 | ||
| 25 | 25
motion
Dismiss
Tue 02/28 2:43 PM
MOTION to Dismiss by Defendant Fairfield Properties LP.(Matthews, John) |
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Att: 1
Exhibit A - Order re: Plaintiff-Appellees Motion to Dismiss,
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Att: 2
Exhibit B - Denver Property Records,
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Att: 3
Exhibit C - Notice of Appeal and Designation of Record,
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Att: 4
Exhibit D - Motion to Not Dismiss Case and Reopen 22C56231,
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Att: 5
Exhibit E - Motion to Reopen Case 22CV584,
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Att: 6
Exhibit F - Motion to Recall Writ with Attachment,
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Att: 7
Exhibit G - Answer in Federal Case
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| Wednesday, February 08, 2023 | ||
| 24 | 24
1
pgs
misc
Letter
Wed 02/08 4:38 PM
LETTER re: Deficiency by Plaintiff Jo Ann Terry. (csarr, ) |
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| Tuesday, January 17, 2023 | ||
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order
Order on Motion for Order
Tue 01/17 2:52 PM
MINUTE ORDER granting pro se Plaintiff's20 Motion for Extension of Time to Respond to Defendant's, Front Range Entities Inc.,16 Motion to Dismiss. The deadline is now on 1/30/2023 . The Court reminds Plaintiff of the requirement to confer with opposing counsel under D.C.COLO.LCivR 7.1(a). Any future motion for an extension of time/continuance that fails to fully comply with all applicable court rules and practice standards will be denied. SO ORDERED by Magistrate Judge S. Kato Crews on 1/17/2023. Text Only Entry (skclc2) |
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order
Minute Order
Tue 01/17 3:31 PM
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 3/7/2023 at 10:00 a.m. in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word document format to Crews_Chambers@cod.uscourts.gov, 7 days before the scheduled conference (on or before 2/28/2023). The Magistrate Judge8 Consent Form is due 2/28/2023. Counsel and Plaintiff are directed to call in for this Telephonic Scheduling Conference using the dial-in information: CONFERENCE CALL LINE: (888) 251-2909 ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 1/17/2023. Text Only Entry (skclc2) |
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| Friday, January 13, 2023 | ||
| 21 | 21
notice
Notice of Entry of Appearance
Fri 01/13 1:14 PM
NOTICE of Entry of Appearance by Kathleen June Mowry on behalf of Fairfield Properties LPAttorney Kathleen June Mowry added to party Fairfield Properties LP(pty:dft) (Mowry, Kathleen) |
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| Thursday, January 12, 2023 | ||
| 20 | 20
3
pgs
motion
Order
Fri 01/13 11:18 AM
PLAINTIFF'S MOTION for Extension of Time or Continuance by Plaintiff Jo Ann Terry. (csarr, ) |
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| Thursday, January 05, 2023 | ||
| 19 | 19
notice
Notice of Entry of Appearance
Thu 01/05 4:01 PM
NOTICE of Entry of Appearance by Anthony John Lally, IV on behalf of Fairfield Properties LPAttorney Anthony John Lally, IV added to party Fairfield Properties LP(pty:dft) (Lally, Anthony) |
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| 18 | 18
notice
Notice of Entry of Appearance
Thu 01/05 3:59 PM
NOTICE of Entry of Appearance by John Charles Matthews on behalf of Fairfield Properties LPAttorney John Charles Matthews added to party Fairfield Properties LP(pty:dft) (Matthews, John) |
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| 17 | 17
motion
Dismiss for Failure to State a Claim
Thu 01/05 1:40 PM
MOTION to Dismiss for Failure to State a Claim by Defendant Tschetter Sulzer, P.C..(Muccio, Peter) |
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Att: 1
Exhibit Exhibit A -Order22cv584
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| Thursday, December 22, 2022 | ||
| 16 | 16
motion
Dismiss for Failure to State a Claim
Thu 12/22 4:36 PM
MOTION to Dismiss for Failure to State a Claim by Defendant Front Range Entities Inc. (Johnson, Kathleen) |
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| Tuesday, December 13, 2022 | ||
| 15 | 15
service
Affidavit/Return of Service - Executed - Complaint
Tue 12/13 2:24 PM
SUMMONS Returned Executed Front Range Entities Inc served on 12/1/2022, answer due 12/22/2022.(cmadr, ) |
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Att: 1
Continuation of Main Document
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| Wednesday, December 07, 2022 | ||
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order
Order on Motion for Order
Wed 12/07 3:36 PM
MINUTE ORDER granting Plaintiff's13 Motion for Extension Service of Summons for a 45-day extension. The deadline is now on 1/23/2023. SO ORDERED by Magistrate Judge S. Kato Crews on 12/7/2022. Text Only Entry (skclc2) |
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| Wednesday, November 23, 2022 | ||
| 13 | 13
2
pgs
motion
Order
Fri 11/25 11:33 AM
MOTION for Extend Summons Service by Plaintiff Jo Ann Terry. (alave, ) |
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| Monday, November 14, 2022 | ||
| 11 | 11
cmp
Amended Complaint
Mon 11/14 4:10 PM
AMENDED COMPLAINT against 2300 Walnut Venture LLC, Fairfield Properties LP, Front Range Entities Inc, Tschetter Sulzer, P.C., filed by Jo Ann Terry.(csarr, ) |
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misc
Summons Issued
Tue 11/15 11:12 AM
SUMMONS Issued by Clerk Over Counter. Text Only Entry. (jcharl, ) |
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| Tuesday, October 11, 2022 | ||
| 10 | 10
cmp
Amended Complaint
Wed 10/12 4:00 PM
AMENDED COMPLAINT filed by Curtis Terry, Jo Ann Terry.(csarr, ) |
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| Thursday, September 15, 2022 | ||
| 9 | 9
misc
Letter
Thu 09/15 9:46 AM
LETTER from Clerk of Court re: Service of Process of5 Amended Complaint. (csarr, ) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Magistrate Judge Consent Form,
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Att: 6
Rule 4
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| Tuesday, September 13, 2022 | ||
| 8 | 8
misc
Magistrate Judge Consent Form
Wed 09/14 2:30 PM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
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| 7 | 7
1
pgs
order
Order Reassigning Case ~Util - Set/Clear Flags
Wed 09/14 2:29 PM
ORDER Drawing Case, by Magistrate Judge Gordon P. Gallagher on 9/13/2022. This case is randomly reassigned to Magistrate Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 22-cv-2095-SKC (angar, ) |
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| Friday, September 02, 2022 | ||
| 6 | 6
misc
Filing Fee Received
Tue 09/06 8:01 AM
Filing fee: $ 402.00, receipt number cox104398. (sphil, ) |
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| Wednesday, August 31, 2022 | ||
| 5 | 5
cmp
Amended Complaint Add and Terminate Parties - Public
Fri 09/02 11:10 AM
AMENDED COMPLAINT against 2037 Walnut Community LLC, Fedground Package Ground CT Corporation, Front Range Entities Inc, Tschetter Sulzer, P.C., filed by Jo Ann Terry.(angar, ) |
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| Wednesday, August 17, 2022 | ||
| 4 | 4
3
pgs
order
Order
Wed 08/17 4:24 PM
ORDER Directing Plaintiffs to Cure Deficiencies. If Plaintiffs fail to cure all the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice, by Magistrate Judge Gordon P. Gallagher on 8/17/2022. (angar, ) |
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| Monday, August 15, 2022 | ||
| 3 | 3
5
pgs
motion
Proceed In Forma Pauperis
Tue 08/16 4:13 PM
Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) by Plaintiff Jo Ann Terry. (jtorr, ) |
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| 2 | 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) | |
| 1 | 1
5
pgs
cmp
Complaint
Tue 08/16 4:12 PM
COMPLAINT against 2037 Walnut Community LLC, Fairfield Properties LP, FedEx Ground, Front Range Patrol, United Parcel Service, filed by Jo Ann Terry, Curtis Terry.(jtorr, ) |
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misc
Case Assigned to Judge
Tue 08/16 4:13 PM
Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) |
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