Foote v. Hamilton
| Colorado District Court | |
| Judge: | Daniel D Domenico |
| Case #: | 1:24-cv-00804 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Mar 22, 2024 |
| Case in other court: | Gunnison County District Court, 2023CV30039 |
| Last checked: Wednesday Sep 18, 2024 4:08 AM MDT |
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Defendant
William Hamilton
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Represented By
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Plaintiff
Patrick Foote
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Represented By
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| Docket last updated: 2 hours ago |
| Thursday, April 17, 2025 | ||
| 33 | 33
order
Order Referring Motion
Thu 04/17 5:02 PM
ORDER REFERRING MOTION:32 MOTION to Dismiss for Plaintiff's Failure to Appear at a Deposition and Failure to Appear at a Fed.R.Civ.P. 35 Examination filed by William Hamilton. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 4/17/2025. Text Only Entry (dddlc10) |
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| 32 | 32
motion
Dismiss
Thu 04/17 4:58 PM
MOTION to Dismiss for Plaintiff's Failure to Appear at a Deposition and Failure to Appear at a Fed.R.Civ.P. 35 Examination by Defendant William Hamilton.(Kleger, Elizabeth) |
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Att: 1
Exhibit Exhibit 1 - Second Notice of Deposition of Plaintiff Patrick Foote,
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Att: 2
Exhibit Exhibit 2 - Certificate of Nonappearance for the Videoconference Deposition of Patrick Foote,
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Att: 3
Exhibit Exhibit 3 - Notice of Independent Medical Evaluation with Phillip A. Stull, M.D.,
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Att: 4
Exhibit Exhibit 4 - Letter of Nonappearance for the IME-Rule 35 with Philip A. Stull,
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Att: 5
Exhibit Exhibit 5 - Email from Elizabeth Kleger, Esq. to Patrick Foote dated April 1, 2025
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| Monday, February 24, 2025 | ||
| 31 | 31
order
Order on Motion for Extension of Time to File
Mon 02/24 11:35 AM
MINUTE ORDER: This matter is before the Court on29 Letter, which requests a 90-day continuance of the discovery and dispositive motions deadlines. For good cause shown, the Motion is GRANTED, and the Discovery Cut Off deadline is EXTENDED to 5/29/25, and the Dispositive Motion deadline is EXTENDED to 6/26/25. Plaintiff is REMINDED of its D.C.COLO.LCivR 7.1 duty to confer with opposing counsel before filing a motion and to describe in the motion the specific efforts to fulfill this duty. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/24/25. Text Only Entry(stvlc5, ) |
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| 30 | 30
order
Order Referring Motion
Mon 02/24 9:20 AM
ORDER REFERRING MOTION:29 MOTION for Extension of Time filed by Patrick Foote. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 2/24/2025. Text Only Entry (dddlc10) |
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| Friday, February 21, 2025 | ||
| 29 | 29
motion
Extension of Time
Mon 02/24 8:15 AM
Letter re: MOTION for Extension of Time by Plaintiff Patrick Foote. (cmadr, ) |
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| Monday, February 10, 2025 | ||
| 28 | 28
misc
Letter
Tue 02/11 10:17 AM
LETTER re: Attorney Withdrawal by Plaintiff Patrick Foote. (cmadr, ) |
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| Tuesday, January 07, 2025 | ||
| 27 | 27
minutes
Motion Hearing ~Util - Terminate Motions Order on Motion to Withdraw as Attorney
Tue 01/07 4:05 PM
MINUTE ENTRY for Telephonic Motion Hearing held before Magistrate Judge Scott T. Varholak on 1/7/2025. The24 Motion to Withdraw as Counsel for Plaintiff is GRANTED . Attorney Jeffrey A. Massey is terminated. FTR: A402. (schap, ) |
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| Friday, December 06, 2024 | ||
| 26 | 26
order
Minute Order
Fri 12/06 12:58 PM
MINUTE ORDER Motion Hearing re:24 Motion to Withdraw as Counsel for Plaintiff is set for 1/7/2025 at 3:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Plaintiff shall attend the Motion Hearing. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/6/2024. Text Only Entry (stvlc5, ) |
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| 25 | 25
order
Order Referring Motion
Fri 12/06 10:37 AM
ORDER REFERRING MOTION:24 MOTION to Withdraw as Attorney filed by Patrick Foote. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 12/6/2024. Text Only Entry (dddlc10) |
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| Thursday, December 05, 2024 | ||
| 24 | 24
motion
Withdraw as Attorney
Thu 12/05 5:00 PM
MOTION to Withdraw as Attorney by Plaintiff Patrick Foote. (Massey, Jeffrey) |
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| Wednesday, September 04, 2024 | ||
| 23 | 23
order
Minute Order
Wed 09/04 11:22 AM
MINUTE ORDER This matter is before the Court upon Defendant's21 Discovery Requests and22 Discovery Responses. Pursuant to Fed. R. Civ. P. 5(d)(1)(A), "discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing." Accordingly, the21 Discovery Requests and22 Discovery Responses are hereby STRICKEN from the record. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/4/2024. Text Only Entry (stvlc5, ) |
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| Tuesday, September 03, 2024 | ||
| 22 | 22
respm
Response to Motion
Tue 09/03 4:08 PM
RESPONSE to21 First MOTION to Produce DOCUMENTS and INTERROGATORIES DEFENDANTS RESPONSES TO FIRST SET OF INTERROGATORIES filed by Defendant William Hamilton. (Kleger, Elizabeth) |
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| Tuesday, August 27, 2024 | ||
| 21 | 21
motion
Produce
Tue 08/27 2:29 PM
DEFENDANT'S FIRST SET OF WRITTEN DISCOVERY REQUESTS TO PLAINTIFF by Defendant William Hamilton. (Kleger, Elizabeth) Modified to correct document title and to reflect this is NOT a motion on 8/27/2024 (cmadr, ) |
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| Thursday, July 18, 2024 | ||
| 20 | 20
order
Scheduling Order
Thu 07/18 12:07 PM
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 7/18/2024. (morti, ) |
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| 19 | 19
minutes
Scheduling Conference ~Util - Set Scheduling Order Deadlines
Thu 07/18 11:55 AM
MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 7/18/2024. Discovery due by 2/28/2025. Dispositive Motions due by 3/28/2025. FTR: A402. (morti, ) |
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| Friday, July 12, 2024 | ||
| 18 | 18
misc
Proposed Scheduling Order
Fri 07/12 12:26 PM
Proposed Scheduling Order by Plaintiff Patrick Foote. (Massey, Jeffrey) |
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| Friday, June 21, 2024 | ||
| 17 | 17
order
Minute Order
Fri 06/21 8:51 AM
MINUTE ORDER: This matter is before the Court on [#13] Minute Order, which states the Proposed Scheduling Order was due 6/19/24. To date, the Court has not received the required filing. Accordingly, the Scheduling Conference set for 6/26/2024 is VACATED and RESET for 7/18/24 at 11:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties' joint Proposed Scheduling Order is now due 7/11/2024. If the parties are not available at this new time, they are directed to jointly contact chambers at 303-335-2365 to identify an appropriate time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/21/2024. Text Only Entry (stvlc5, ) |
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| Friday, June 07, 2024 | ||
| 16 | 16
order
Order Referring Case to Magistrate Judge
Fri 06/07 11:40 AM
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 Daniel D. Domenico on 6/7/2024. Text Only Entry. (rkeec) |
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| 15 | 15
misc
Letter Reassigning Case
Fri 06/07 11:35 AM
CASE REASSIGNED Pursuant to14 Notice. Case randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. All parties do not consent. All future pleadings should be designated as 24-cv-00804-DDD . (Text Only Entry) (schap, ) |
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| Thursday, June 06, 2024 | ||
| 14 | 14
notice
Notice (Other)
Thu 06/06 12:32 PM
NOTICE of Non-Consent to United States Magistrate Judge Jurisdiction by Plaintiff Patrick Foote (Massey, Jeffrey) |
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| Wednesday, May 22, 2024 | ||
| 13 | 13
minutes
Status Conference ~Util - Set/Reset Deadlines/Hearings
Wed 05/22 2:42 PM
MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 5/22/2024. Scheduling Conference set for 6/26/2024 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties may participate by telephone by calling the court at (571-353-2301) Access Code:252821415#. FTR: A402. (morti,) |
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| 12 | 12
notice
Notice of Entry of Appearance
Wed 05/22 9:36 AM
NOTICE of Entry of Appearance by Jeffrey A. Massey on behalf of Patrick FooteAttorney Jeffrey A. Massey added to party Patrick Foote(pty:pla) (Massey, Jeffrey) |
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| Friday, May 10, 2024 | ||
| 11 | 11
order
Minute Order
Fri 05/10 12:52 PM
MINUTE ORDER: This matter is before the Court sua sponte. The Scheduling Conference set for 5/22/2024 at 2:30 PM Courtroom A 402 before Magistrate Judge Scott T. Varholak is CONVERTED to a Status Conference at the same date and time, and the deadline to submit a joint proposed scheduling order is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/10/2024. Text Only Entry (stvlc5, ) |
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| Thursday, April 04, 2024 | ||
| 10 | 10
misc
Statement
Thu 04/04 12:18 PM
STATEMENT re2 Notice (Other) Defendant's F.R.C.P. 7.1 Disclosure Statement of Party in Diversity Case by Defendant William Hamilton. (Kleger, Elizabeth) |
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| 9 | 9
notice
Notice (Other)
Thu 04/04 12:06 PM
NOTICE re2 Notice (Other) Defendant Hamilton's D.C.Colo.LCovR 81.1 Notice of Submission of State Court Documents by Defendant William Hamilton(Kleger, Elizabeth) |
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Att: 1
State court Register of Actions,
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Att: 2
Civil Case Cover Sheet,
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Att: 3
Complaint,
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Att: 4
Case Status Notice,
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Att: 5
Status Update and Motion for Extension of time to Serve Complaint,
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Att: 6
Proposed Order for Motion for Extension,
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Att: 7
Order re: Motion for Extension of time to Serve Complaint,
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Att: 8
Motion to Withdraw as Counsel for Plaintiff,
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Att: 9
Proposed Order re Motion to Withdraw as Counsel for Plaintiff,
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Att: 10
Order re Motion to Withdraw,
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Att: 11
Plaintiff's Motion Opposing Counsel's Withdrawal Request,
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Att: 12
Plaintiff's Motion for 60 Day Continuance to Serve Lawsuit,
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Att: 13
Order re: Plaintiff's Motion for 60 day Continuance,
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Att: 14
Order re: Plaintiff's Objection to Withdrawal of Counsel,
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Att: 15
Certificate of Service from Plaintiff of Motion for 60 day Continuace,
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Att: 16
Case Status Notice,
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Att: 17
Motion for Extension of Time to serve Defendant,
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Att: 18
Order re: Motion for Extension of Time to serve Defendant,
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Att: 19
Second Motion for 30 day Continuance to Serve Defendant,
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Att: 20
Order re: Second Motion for 30 day Continuance to Serve Defendant,
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Att: 21
Third Motion for 30 day Continuance to Serve Defendant,
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Att: 22
Order re: Third Motion for 30 day Continuance to Serve Defendant,
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Att: 23
Return of Service,
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Att: 24
Entry of Appearance,
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Att: 25
Notice of Removal,
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Att: 26
Notice of Removal Exhibit,
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Att: 27
Answer and Jury Demand
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| Monday, March 25, 2024 | ||
| 8 | 8
notice
Notice of Entry of Appearance
Mon 03/25 4:04 PM
NOTICE of Entry of Appearance by Elizabeth A. Kleger on behalf of William Hamilton (Kleger, Elizabeth) |
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| 7 | 7
2
pgs
order
Order
Mon 03/25 12:06 PM
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 3/25/2024. Consent Form due by 5/8/2024 . Joint Proposed Scheduling Order due 5/15/2024 . Scheduling Conference set for 5/22/2024 02:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Text Only Entry (schap, ) |
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| Friday, March 22, 2024 | ||
| 6 | 6
misc
Magistrate Judge Consent Form
Fri 03/22 2:51 PM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws) |
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| 5 | 5
misc
Case Assigned to Judge
Fri 03/22 2:50 PM
Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (blaws) |
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| 4 | 4
misc
Notice to Attorney(s) in Removed, Transferred or Other Cases
Fri 03/22 2:49 PM
FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (blaws) |
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| 3 | 3
misc
Advisory Attorney Noncompliance 2
Fri 03/22 2:48 PM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re:2 Notice,1 Notice of Removal filed by attorney Elizabeth A. Kleger . Attorney or pro se 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. In the future, the filer must affix a complete signature block and an electronic /s/ signature to all future documents. Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. § 1446(a). State court record not complete and each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (blaws) |
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| 2 | 2
notice
Notice (Other)
Fri 03/22 12:43 PM
NOTICE re1 Notice of Removal by Defendant William Hamilton(Kleger, Elizabeth) |
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Att: 1
Exhibit
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| 1 | 1
notice
Notice of Removal
Fri 03/22 12:29 PM
NOTICE OF REMOVAL by William Hamilton from Gunnison County District Court, Case Number 2023CV30039. (Filing fee $ 405, Receipt Number ACODC-9601683), filed by William Hamilton.(Kleger, Elizabeth) |
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