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Case TitleJackson v. United States Department of Veterans' Affairs
DistrictDistrict of Colorado
CityDenver
Case Number1:2010cv02596
Date Filed2010-10-25
Date Closed2012-09-02
JudgeJudge Marcia S. Krieger
PlaintiffDavid Jackson
DefendantUnited States Department of Veterans Affairs
DefendantLynette A. Roff Director, VA Eastern Colorado HCS
DefendantEric Ken Shinseki United States, Secretary, Department of Veterans Affairs
TERMINATED: 08/09/2011
DefendantLynette A. Roff Director, VA Eastern Colorado HCS
TERMINATED: 08/09/2011
DefendantUSA actually named United States of America
TERMINATED: 08/09/2011
DefendantEric Ken Shinseik United States Secretary of Veterans Affairs
TERMINATED: 01/26/2011
AppealTenth Circuit 12-1385
Appeal
AppealFederal Circuit 12-1680
Documents
Docket
Complaint
Opinion/Order [5]
Opinion/Order [8]
Opinion/Order [11]
Opinion/Order [36]
Opinion/Order [50]
Opinion/Order [63]
Opinion/Order [66]
Opinion/Order [73]
Opinion/Order [99]
Opinion/Order [103]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-10-151MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915, by Plaintiff David Jackson. (lyg, ) (Entered: 10/25/2010)
2010-10-192MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915, by Plaintiff David Jackson. (lyg, ) (Entered: 10/25/2010)
2010-10-253ORDER Directing Clerk to Commence Civil Action and granting 1 and 2 Motions for Leave to Proceed in Forma Pauperis, by Magistrate Judge Boyd N. Boland on 10/22/10.(lyg, ) (Entered: 10/25/2010)
2010-10-254COMPLAINT against Lynette A. Roff and Eric Ken Shinseik, filed by David Jackson.(lyg, ) (Entered: 10/25/2010)
2010-11-025ORDER DRAWING CASE. This case shall be drawn to a district judge and to a magistrate judge. By Magistrate Judge Boyd N. Boland on 11/02/2010. (sah, ) (Entered: 11/02/2010)
2010-11-036Letter from Deputy Clerk to David Jackson Re: Case Assignment to Judge Marcia S. Krieger. (wjc, ) (Entered: 11/03/2010)
2010-11-047ORDER OF REFERENCE TO MAGISTRATE JUDGE: REFERRING CASE to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 11/4/10. (msksec, ) (Entered: 11/04/2010)
2010-11-058ORDER GRANTING SERVICE BY UNITED STATES MARSHAL by Judge Marcia S. Krieger on 11/04/2010. (wjc, ) (Additional attachment(s) added on 11/8/2010: # 1 Certified Mail Receipts) (gmssl, ). Modified on 11/8/2010 to add the attachment (gmssl, ). (Entered: 11/05/2010)
2010-11-089Docket Annotation re: 8 Order. This docket entry was modified to add the attachment. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (gmssl, ) (Entered: 11/08/2010)
2010-11-1010SUMMONS Returned Executed upon defendant(s) Lynette A. Roff served on 11/9/2010, answer due 1/10/2011. (wjc, ) (Entered: 11/10/2010)
2010-11-1211ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 11/12/10. (mskcd) (Entered: 11/12/2010)
2010-11-1512Acknowledgment (AFFIDAVIT/RETURN) of Service by U.S. Attorney on 11/08/2010. (wjc, ) (Entered: 11/15/2010)
2010-11-1613NOTICE of Entry of Appearance by Jamie L. Mendelson on behalf of Lynette A. Roff, Eric Ken Shinseik (Mendelson, Jamie) (Entered: 11/16/2010)
2010-11-2314MOTION for Disclosure Pursuant to Federal Rules of Civil Procedure 26(a), by Plaintiff David Jackson. (wjc, ) (Entered: 11/24/2010)
2010-11-2415MEMORANDUM regarding 14 MOTION to Compel filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 11/24/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 11/24/2010)
2010-11-2616SUMMONS Returned Executed upon defendant(s) Eric Ken Shinseik served on 11/17/2010, answer due 1/18/2011. U.S. Attorney General served on 11/17/2010. (Attachments: # 1 Green Receipt Card for Shinsiek)(wjc, ) (Entered: 11/26/2010)
2010-12-0317MOTION to Have the United States Marshal Office Serve Summons and Complaint on Named Defendant Eric Ken Shinseki, Secretary, United States Department of Veterans Affairs Pursuant to Title 28 U.S.C. 1915 and Fed. R. Civ. P. 1, 4(c)(1)(m) and Within the Time Required by Law, by Plaintiff David Jackson. (wjc, ) (Entered: 12/03/2010)
2010-12-0318ERRATA SHEET by Plaintiff David Jackson. (wjc, ) (Entered: 12/03/2010)
2010-12-0619MEMORANDUM regarding 17 MOTION for Order to filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 12/6/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 12/06/2010)
2010-12-0620ORDER finding as moot 17 Plaintiff's "Motion to Have the United States Marshal Office Serve Summons and Complaint on Named Defendant Eric Ken Shinseki, Secretary, United States, Department of Veterans Affairs Pursuant to Title 28 U.S.C. § 1915 and Fed. R. Civ. P. 1, 4(c)(1)(m) and within the Time Required by Law." In light of the November 5, 2010 "Order Granting Service by United States Marshal" (doc. # 8) and the subsequent returns of service, Plaintiff's Motion is unnecessary. Despite the misspelling of Defendant's name by Plaintiff, the court and the parties understand that ERIC K. SHINSEKI, Secretary, United States Department of Veterans Affairs is the intended named Defendant. By Magistrate Judge Craig B. Shaffer on 12/06/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 12/06/2010)
2010-12-0821MOTION to Compel Joinder of Additional Party General Form Pursuant to Fed.R.Civ.P.19(a), 21, by Plaintiff David Jackson. (wjc, ) (Entered: 12/08/2010)
2010-12-0822MOTION for Permission to Amend 4 Complaint to Drop Party Defendant Pursuant to Fed.R.Civ.P.15(a), 20(b), 21, 41(a), 42(b), by Plaintiff David Jackson. (wjc, ) (Entered: 12/08/2010)
2010-12-0825STRICKEN - MOTION to Compel Joinder of Additional Party General Form Pursuant to Fed.R.Civ.P. 19(a), 21, by Plaintiff David Jackson. (wjc, ) Modified on 12/10/2010 to add text Stricken pursuant to Order dated 12/09/2010 (wjc, ). (Entered: 12/09/2010)
2010-12-0826STRICKEN - MOTION for Permission to Amend 4 Complaint to Drop Party Defendant Pursuant to Fed.R.Civ.P.15(a), 20(b), 21, 41(a), 42(b), by Plaintiff David Jackson. (wjc, ) Modified on 12/10/2010 to add text Stricken pursuant to Order dated 12/09/2010 (wjc, ). (Entered: 12/09/2010)
2010-12-0923MEMORANDUM regarding 21 MOTION to Compel filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 12/9/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 12/09/2010)
2010-12-0924MEMORANDUM regarding 22 MOTION to Amend/Correct/Modify 4 Complaint filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 12/9/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 12/09/2010)
2010-12-0927ORDER finding as moot 21 Plaintiff's "Motion to Compel Joinder of Additional Party...;" finding as moot 22 Plaintiff's Motion for Permission to Amend Complaint to Drop Party Defendant;" striking 25 Plaintiff's "Motion to Compel Joinder of Additional Party...;" striking 26 Plaintiff's Motion for Permission Amend Complaint to Drop Party Defendant." As to Docs. # 21 and # 22, despite the initial misspelling of Defendant's name by Plaintiff, the court and the parties understand that ERIC K. SHINSEKI, Secretary, United States Department of Veterans Affairs is the intended named Defendant. As to Docs. # 25 and # 26, they are duplicates of Docs. # 21 and # 22. By Magistrate Judge Craig B. Shaffer on 12/09/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 12/09/2010)
2010-12-1328Amended MOTION to Compel Joinder of Additional Parties General Form Pursuant to Fed.R.Civ.P. 15(a), 20(b), 21, 41(a), 42(b) and Within the Time Allowed by Law Fed.R.Civ.P 4(m), by Plaintiff David Jackson. (wjc, ) (Entered: 12/13/2010)
2010-12-1329STRICKEN - Amended MOTION to Compel Joinder of Additional Parties General Form Pursuant to Fed.R.Civ.P. 15(a), 20(b), 21, 41(a), 42(b) and Within the Time Allowed by Law Fed.R.Civ.P 4(m), by Plaintiff David Jackson. (wjc, ) Modified on 12/15/2010 to add text Stricken pursuant to Order dated 12/15/2010 (wjc, ). (Entered: 12/13/2010)
2010-12-1330MOTION and Notice for Leave to File Amended 4 Pleading Pursuant to Fed.R.Civ.P. 4(m) and 15(a)(2), by Plaintiff David Jackson. (wjc, ) (Entered: 12/13/2010)
2010-12-1431MEMORANDUM regarding 28 MOTION to Compel filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 12/14/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 12/14/2010)
2010-12-1432MEMORANDUM regarding 29 MOTION to Compel filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 12/14/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 12/14/2010)
2010-12-1433MEMORANDUM regarding 30 MOTION to Amend/Correct/Modify 4 Complaint filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 12/14/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 12/14/2010)
2010-12-1434RESPONSE to 14 MOTION to Compel filed by Defendants Lynette A. Roff, Eric Ken Shinseik. (Attachments: # 1 Attachment A: Defendants' Letter to Plaintiff dated 11/22/2010, # 2 Attachment B: Defendants' Letter to Plaintiff dated 11/24/2010)(Mendelson, Jamie) (Entered: 12/14/2010)
2010-12-1535ORDER striking 29 Motion to Compel as a duplicate of Doc. # 28. By Magistrate Judge Craig B. Shaffer on 12/15/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 12/15/2010)
2010-12-1636ORDER denying 28 Amended Motion to Compel; denying 30 Motion and Notice for Leave to File Amended Pleading by Magistrate Judge Craig B. Shaffer on 12/16/2010.(cbscd) (Entered: 12/16/2010)
2010-12-1737MOTION to Reconsider Serving Summons on United States of America, Eric Ken Shinseki Secretary United States Department of Veterans Affairs, and Lynette A. Roff Director Pursuant to Title 28 U.S.C. 1915 and Fed. R. Civ. P. 1, 4(c)(1)(2)(3)(i)(l)(1)(i)(ii)(B)(C)(m), Within the Time Required by Law, by Plaintiff David Jackson. (wjc, ) (Entered: 12/17/2010)
2010-12-1738Plaintiff's REPLY to 34 Defendants Response to 14 Disclosure Federal Rules of Civil Procedure 26(a) filed by Plaintiff David Jackson. (wjc, ) (Entered: 12/17/2010)
2010-12-2039MEMORANDUM regarding 37 MOTION for Reconsideration filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 12/20/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msklc2, ) (Entered: 12/20/2010)
2010-12-2740Notice of Appeal to District Court Judge for De Novo Review of Magistrates' 12/16/2010 36 Order, by Plaintiff David Jackson. (mnf, ) (Entered: 12/28/2010)
2011-01-0341MINUTE ORDER setting a Preliminary Scheduling Conference on 2/7/2011 at 10:00 a.m., by Magistrate Judge Craig B. Shaffer on 1/3/11. (cbssec) (Entered: 01/03/2011)
2011-01-0742MOTION to Dismiss for Failure to State a Claim by Defendants Lynette A. Roff, Eric Ken Shinseik. (Mendelson, Jamie) (Entered: 01/07/2011)
2011-01-1343RESPONSE to 40 Objection/Appeal of Magistrate Judge Decision filed by Defendants Lynette A. Roff, Eric Ken Shinseik. (Mendelson, Jamie) (Entered: 01/13/2011)
2011-01-1744ORDER denying 37 Plaintiff's "Motion to Reconsider Serving Summons on United States of America, Eric Ken Shinseki Secretary United States Department of Veterans Affairs, and Lynette A. Roff Director Pursuant to Title 28 U.S.C. § 1915 and Fed. R. Civ. P. 1, 4(c)(1)(2)(3)(i)(1)(A)(i)(ii)(B)(C)(m), within the Time Required by Law." By Magistrate Judge Craig B. Shaffer on 01/17/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 01/17/2011)
2011-01-2645Plaintiff's Reply to 42 Defendant's [sic] MOTION to Dismiss filed by Plaintiff David Jackson. (wjc, ) (Entered: 01/26/2011)
2011-01-2646CERTIFICATE of Service by Plaintiff David Jackson. (wjc, ) (Entered: 01/26/2011)
2011-01-2647AMENDED COMPLAINT against Lynette A. Roff, Eric Ken Shinseki, USA, United States Department of Veterans Affairs, filed by David Jackson.(wjc, ) (Entered: 01/26/2011)
2011-01-2648CERTIFICATE of Service by Plaintiff David Jackson. (wjc, ) (Entered: 01/26/2011)
2011-02-0349NOTICE - Pro Se by Plaintiff David Jackson. (wjc, ) (Entered: 02/04/2011)
2011-02-0750COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Preliminary Scheduling Conference was held on 2/7/2011. ORDERED: The Motion for Disclosure, doc # 14 is DENIED. Discovery is STAYED pending a ruling on the Motion to Dismiss, doc # 42 . Plaintiff may file written objections to these rulings within 14 days. (FTR: Linda Kahoe) (cbscd) (Entered: 02/07/2011)
2011-02-1451MOTION to Dismiss Amended Complaint by Defendants Lynette A. Roff, Eric Ken Shinseki, USA, United States Department of Veterans Affairs. (Mendelson, Jamie) (Entered: 02/14/2011)
2011-02-1852Plaintiff's OBJECTION to 50 Magistrate's 02/07/2011 Order in Accordance with Rule 72(b)(2)(3) Concerning Earlier Discovery and Motion for Free Transcript do to Indigence Pursuant to Title 28 U.S.C. 1915(c)(2), by Plaintiff David Jackson. (wjc, ) (Entered: 02/22/2011)
2011-03-0453Reply to 51 Defendant's MOTION to Dismiss Plaintiff's Amended Complaint and Motion for Hearing on Dismissal of Amended Complaint Pursuant to Fed. R. Civ. 56(i), filed by Plaintiff David Jackson. (wjc, ) (Entered: 03/04/2011)
2011-03-0854RESPONSE to 52 OBJECTION/Appeal of Magistrate Judge Decision to District Court re 50 Order on Motion to Compel, Scheduling Conference, Set/Clear Flags, by Plaintiff David Jackson, by Defendants Lynette A. Roff, Eric Ken Shinseki, USA, United States Department of Veterans Affairs. (Mendelson, Jamie) Modified on 3/9/2011 to delete duplicate generated text (wjc, ). (Entered: 03/08/2011)
2011-03-1455NOTICE of Correction of Certification of Mailing by Plaintiff David Jackson. (wjc, ) (Entered: 03/14/2011)
2011-03-1756REPLY to Response to 51 MOTION to Dismiss Amended Complaint filed by Defendants Lynette A. Roff, Eric Ken Shinseki, USA, United States Department of Veterans Affairs. (Mendelson, Jamie) (Entered: 03/17/2011)
2011-04-1957Emergency MOTION to Effectuate Service of Summons and Complaint on Defendants as Required by Law by Serving the United States Attorney General Eric H. Holder Jr. and Assistance [sic] United States Attorney Jamie L. Mendelson and United States Officers and Employees in Accordance with Rule 4(i)(m) and a Within the Time Allowed by Law, by Plaintiff David Jackson. (Attachments: # 1 Continuation of Main Document)(wjc, ) (Entered: 04/20/2011)
2011-04-2058USCA LETTER informing district court that a petition for extraordinary writ of mandamus was filed re: 4 Complaint, 44 Order on Motion for Reconsideration, 57 MOTION for Order to effectuate service of summons and complaint on defendants filed by David Jackson. USCA case no. 11-1167. (bjrsl, ) (Entered: 04/20/2011)
2011-04-2059MEMORANDUM regarding 57 MOTION for Order to filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 4/20/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 04/20/2011)
2011-04-2060Transcript Order Form (NOTICE) re 58 USCA Letter as to Writ for mandamus filed by Plaintiff David Jackson. (bjrsl, ) (Entered: 04/21/2011)
2011-04-2161MINUTE ORDER Setting Hearing on Motion re: Plaintiff's Emergency 57 MOTION to Effectuate Service of Summons and Complaint on Defendants. Motion Hearing set for 5/11/2011 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 4/21/11. (lsw, ) (Entered: 04/21/2011)
2011-04-2562NOTICE - Pro Se by Plaintiff David Jackson. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(wjc, ) (Entered: 04/26/2011)
2011-05-0463USCA ORDER re: 58 Letter as to petition for writ of mandamus filed in the 10th Circuit Court of Appeals. The petition is denied and the motion for in forma pauperis is also denied. USCA case no. 11-1167. (bjrsl, ) (Entered: 05/04/2011)
2011-05-0964RESPONSE to 57 MOTION for Order to Effectuate Service filed by Defendants Lynette A. Roff, Eric Ken Shinseki, USA, United States Department of Veterans Affairs. (Mendelson, Jamie) (Entered: 05/09/2011)
2011-05-1165Memoranda of Authority by Plaintiff David Jackson. (wjc, ) (Entered: 05/11/2011)
2011-05-1166COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Motion Hearing was held on 5/11/2011. ORDERED: The Emergency Motion to Effectuate Service, doc # 57 is DENIED AS MOOT. Discovery will remain STAYED pending a ruling on the Motion to Dismiss, doc # 51 . By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd) (Entered: 05/11/2011)
2011-05-2367OBJECTION to Magistrate's 66 Oral Order Entered May 11, 2011 Pursuant to Fed. R. Civ. P. 72 and 28 U.S.C. 636, by Plaintiff David Jackson. (wjc, ) (Entered: 05/24/2011)
2011-06-1368RESPONSE to 67 Objection/Appeal of Magistrate Judge Decision filed by Defendants Lynette A. Roff, Eric Ken Shinseki, USA, United States Department of Veterans Affairs. (Mendelson, Jamie) (Entered: 06/13/2011)
2011-06-1569Plaintiff's REPLY to Defendant's Response (Doc 68 ) and Motion and Affiadivt [sic] to Supplemental Pleading in Defense of Defendant's Motion to Dismiss pursuant to Fed. R. Civ. P. 8(d)(2) and 15, filed by Plaintiff David Jackson. (wjc, ) Modified on 6/16/2011 to correct filed date (wjc, ). (Entered: 06/16/2011)
2011-06-1570Advisory Copy - Petition for Panel Rehearing in re [David Jackson] on Writ of Mandamus from the United States District Court for the District of Colorado Case Number 10-cv-02596-MSK-CBS -- pursuant to Federal Rule of Appellate Procedure 40(a)(1), by Plaintiff David Jackson (wjc, ) (Entered: 06/16/2011)
2011-06-1671Docket Annotation re: 69 Reply to Response to Objection of Magistrate Judge Decision. Modified on 6/16/2011 to correct filed date. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 06/16/2011)
2011-07-0872NOTICE of Pendent Jurisdiction Claim Filed by Plaintiff with the Merit Systems Protection Board Action Denver Field Office Case Number DE0752-11-0417-1-1, by Plaintiff David Jackson. (wjc, ) (Entered: 07/11/2011)
2011-08-0973OPINION AND ORDER GRANTING, IN PART, MOTION TO DISMISS. The 42 Defendants' initial Motion to Dismiss is DENIED AS MOOT. The 51 Defendants' Motion to Dismiss the Amended Complaint is GRANTED IN PART, insofar as Mr. Jackson's Claim 3, challenging his termination from his job at the VA, is DISMISSED as untimely; his Claims 1 and 2, which seek disclosure of certain information from the VA pursuant to the Privacy Act, are DISMISSED WITHOUT PREJUDICE for failure to state a cognizable claim under Fed. R. Civ. P. 12(b)(6). The dismissal of Claims 1 and 2 is STAYED for 60 days, during which the parties shall participate in a settlement conference before the Magistrate Judge as set forth. The caption of the case is AMENDED to substitute the United States Department of Veterans' Affairs as the sole Defendant in this action. Mr. Jackson's Objections (# 40 , 52 , 67 ) to rulings by the Magistrate Judge are OVERRULED, by Judge Marcia S. Krieger on 08/09/2011.(wjc, ) (Entered: 08/15/2011)
2011-08-1774MINUTE ORDER setting a Settlement Conference on 10/04/2011 at 10:00 a.m., before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 8/17/11. (cbssec) Modified on 8/17/2011 to correct text date of Settlement Conference (wjc, ). Modified on 8/18/2011 to correct the time of the hearing stated in the text (gmssl, ). (Entered: 08/17/2011)
2011-08-1775Utility Setting/Resetting Deadlines/Hearings: Settlement Conference set for 10/4/2011 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer pursuant to 74 Minute Order dated 08/17/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 08/17/2011)
2011-08-1776Docket Annotation re: 74 Minute Order. Modified on 8/17/2011 to correct text date of Settlement Conference. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 08/17/2011)
2011-08-1877Docket Annotation re: 74 Minute Order. This docket entry was modified to correct the time of the hearing stated in the text. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (gmssl, ) (Entered: 08/18/2011)
2011-08-2478MOTION and Affidavit in the Alternative for New Trial [Additur/Remittitur], Judgment Notwithstanding the Verdict or Amending the Judgment Entered Herein, Pursuant to Fed. R. Civ. P. 59, 52 and 26(b)(1), as Follows, by Plaintiff David Jackson. (wjc, ) (Entered: 08/25/2011)
2011-08-2579ORDER denying 78 Motion for New Trial, without prejudice, for failure to complay with D.C.Colo.LCivR 7.1.A. by Judge Marcia S. Krieger on 8/25/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 08/25/2011)
2011-08-3080NOTICE - Pro Se by Plaintiff David Jackson. (wjc, ) (Entered: 08/31/2011)
2011-09-0181Amended MOTION and Affidavit in the Alternative for New Trial, [Additur/Remittitur], Judgment Notwithstanding the Verdict or Amending the Judgment Entered Herein, Pursuant to Fed. R. Civ. P. 59, 52 and 26(b)(1), and D.C.Colo.LCivR 7.1 as Follows, by Plaintiff David Jackson. (wjc, ) (Entered: 09/02/2011)
2011-09-0882NOTICE of Entry of Appearance by Mark S. Pestal on behalf of Lynette A. Roff, Eric Ken Shinseik, Eric Ken Shinseki, USA, United States Department of Veterans Affairs (Pestal, Mark) (Entered: 09/08/2011)
2011-09-0883MOTION to Withdraw as Attorney by Defendants Lynette A. Roff, Eric Ken Shinseik, Eric Ken Shinseki, USA, United States Department of Veterans Affairs. (Attachments: # 1 Proposed Order (PDF Only))(Mendelson, Jamie) (Entered: 09/08/2011)
2011-09-0984MEMORANDUM regarding 83 MOTION to Withdraw as Attorney filed by Eric Ken Shinseki, Eric Ken Shinseik, United States Department of Veterans Affairs, Lynette A. Roff, USA. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 9/9/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 09/09/2011)
2011-09-0985ORDER granting 83 Motion to Withdraw as Attorney of Record. Attorney Jamie L. Mendelson terminated, by Magistrate Judge Craig B. Shaffer on 09/09/2011.(wjc, ) (Entered: 09/09/2011)
2011-09-2686RESPONSE to 81 MOTION for New Trial filed by Defendants Lynette A. Roff, Eric Ken Shinseki. (Pestal, Mark) (Entered: 09/26/2011)
2011-10-0487MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Evidentiary Hearing held on 10/4/2011. Status Report due by 11/4/2011. Plaintiff's response to Status Report due by 11/10/2011. Status Conference set for 11/16/2011 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (FTR: Robin Mason and Emily Seamon) (cbscd) (Entered: 10/05/2011)
2011-10-0588Ex Parte Emergency MOTION Pursuant to 42 U.S.C. 1983 and a Federal Freedom of Information Requesting Pending Hearing, by Plaintiff David Jackson. (wjc, ) (Entered: 10/06/2011)
2011-10-2889TRANSCRIPT of Evidentiary Hearing held on 10/04/2011 before Magistrate Judge Shaffer. Pages: 1-87. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 1/30/2012. (Avery Woods Reporting, ) (Entered: 10/28/2011)
2011-11-0490STATUS REPORT by Defendant United States Department of Veterans Affairs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pestal, Mark) (Entered: 11/04/2011)
2011-11-0491MOTION to Redact and Amend 89 Transcript of the October 4, 2011 Settlement Hearing, by Plaintiff David Jackson. (wjc, ) (Entered: 11/04/2011)
2011-11-0792MEMORANDUM regarding 91 MOTION to Redact 89 Transcript,,, filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 11/7/11. Text Only Entry (msksec, ) (Entered: 11/07/2011)
2011-11-0993MINUTE ORDER re: 90 Status Report filed by United States Department of Veterans Affairs. The Status Conference set Wednesday November 16, 2011 at 1:30 p.m. will proceeed as scheduled. By Magistrate Judge Craig B. Shaffer on 11/09/2011. Text Only Entry (cbslc1) (Entered: 11/09/2011)
2011-11-1094Emergency MOTION to Judge Marcia S. Krieger for a Court Order Pursuant to Fed. R. Civ. 12(b)(56) and 60(b) Clarifying the August 9, 2011 Order, by Plaintiff David Jackson. (wjc, ) (Entered: 11/14/2011)
2011-11-1095Attachment 1 and 2 94 Emergency MOTION to Judge Marcia S. Krieger for a Court Order Pursuant to Fed. R. Civ. 12(b)(56) and 60(b) Clarifying the August 9, 2011 Order, by Plaintiff David Jackson. (wjc, ) (Entered: 11/14/2011)
2011-11-1596MINUTE ORDER sua sponte resetting hearing due to a conflict on the court's calendar. ORDERED that the Status Conference has been reset to 11/29/2011 at 10:45 a.m. in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 11/15/11. Text Only Entry (cbssec) (Entered: 11/15/2011)
2011-11-2297MOTION for Court Order Approving Enclosed Subpoena's [sic] and a Court Order Directed to the United States Marshal to Served [sic] the Subpoena's [sic] Pursuant to 28 U.S.C. 1915 and a Court Order Setting a Date for a Hearing on the Subpoena Based on Plaintiff Being Homeless, Indigent Poor Person and Unable to Effectuate the Needed Processes, by Plaintiff David Jackson. (Attachments: # 1 Subpoena to Produce Documents)(wjc, ) (Entered: 11/23/2011)
2011-11-2898MEMORANDUM regarding 97 MOTION for Order to filed by David Jackson. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Marcia S. Krieger on 11/28/11. Text Only Entry (msksec, ) (Entered: 11/28/2011)
2011-11-2999MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 11/29/2011. Denying 91 Motion to Redact 89 Transcript. Denying without prejudice 97 Motion for Order. (FTR: Emily Seamon) (eseam) (Entered: 11/29/2011)
2011-11-29100MOTION to Dismiss by Defendant United States Department of Veterans Affairs. (Pestal, Mark) (Entered: 11/29/2011)
2011-12-09101Plaintiff's MOTION Pursuant to Fed. R. Civ. P. 60(b) Relief from Judge Krieger's August 9, 2010 Order, and Plaintiff's Objection to 99 Magistrate Shaffer's Order Denying Plaintiff Right to Amendment the Transcript and Denying His Subpoenas pursuant to Fed. R. Civ. P. 72 and 28 U.S.C. 636(B)(1)(A), by Plaintiff David Jackson. (wjc, ) (Entered: 12/12/2011)
2011-12-12102Plaintiff's MOTION Pursuant to Fed. R. Civ. P. 60(b) Relief from Judge Krieger's August 9, 2010 Order, and Plaintiff's Objection to 99 Magistrate Shaffer's Order Denying Plaintiff Right to Amendment the Transcript and Denying H is Subpoenas pursuant to Fed. R. Civ. P. 72 and 28 U.S.C. 636(B)(1)(A), by Plaintiff David Jackson. (wjc, ) (Entered: 12/12/2011)
2012-09-02103OPINION AND ORDER GRANTING MOTION TO DISMISS. Mr. Jackson's Motion for New Trial (# 81 ), his "Emergency Motion Pursuant to 42 U.S.C. § 1983" (# 88 ); his Mr. Jackson's Emergency Motion for Clarification (# 94 ); and his Motion Pursuant to Fed. R. Civ. P. 60(b)((# 101 , 102 ) are DENIED. The Defendants' Motion to Dismiss (# 100 ) is GRANTED. Mr. Jackson's Amended Complaint (# 47 ) is DISMISSED in is entirety, and the Court DENIES him leave to replead, finding that the claims he appears to intend to assert are moot. The Clerk of the Court is directed to close this case, by Judge Marcia S. Krieger on 09/02/2012.(wjcsl, ) (Entered: 09/05/2012)
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