The URL can be used to link to this page

Browse Search

Home My WebLink About20052459.tiff ,u FILED ti eftSTATESDISTIRICTCOURT DENVER,COLORADO p1U 19 2005 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO GREGORY C. LANGHA K CLERK Civil Action No. DS-C✓— 0 /5-511.- PA-C•PSF- CLINT SCOTT JEWETT, • Plaintiff, v. WELD COUNTY SHERIFF'S DEPARTMENT, JOHN COOKE,the Sheriff of Weld County,Colorado;and JOHN DOES NUMBERS 1-10, individually and in their official capacities, Defendants. COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Clint Scott Jewett("Jewett") submits the following complaint against defendants. PARTIES 1. Clint Scott Jewett is an individual with an address of 2842 16th Avenue in Greeley, Colorado. 2. At all relevant times Defendant John Cooke("Cooke")was the duly elected and acting Sheriff of Weld County,Colorado and the head of all aspects of Defendant Weld County Sheriffs Department and its operations. 3. Defendant Weld County Sheriff's Department("Sheriff's Department") is a government agency created under the laws of the State of Colorado. The Sheriff s Department is charged by statute with preservation of the peace and the maintenance of . law and order in Weld County,Colorado. 4. Defendants John Does Numbers 1-10 were at all pertinent times herein employees of the Sheriff's Department. • • COTICCIAI PleSCItt G C - C4 2005-2459 JURISDICTION AND VENUE 5. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1343(a)(3) and 1343(a)(4). 6. Venue is proper in the District of Colorado pursuant to 28 U.S.C. § 1391 in that all defendants are residents of this judicial district. GENERAL ALLEGATIONS 7. On July 8, 2004 Jewett was admitted to the Sheriff's Department's work release program at the Centennial Residential Facility("Centennial"). 8. One day in the latter part of September 2004 Jewett was sitting in the day room at Centennial. Another inmate,Frank Zamora("Zamora"), came into the day room with meat and cheese he had purchased at a nearby Safeway. Bringing outside food into the facility is a violation of Centennial's regulations. Zamora told Jewett that he was going to put the meat and cheese in the refrigerator and put Jewett's name on it. Jewett told Zamora not to do this, because bringing in outside food was against the rules. 9. In late September or early October of 2004, Jewett was instructed to clean certain bathrooms at the Centennial facility. Zamora told Jewett to "slip a couple of bucks"to the trustee in exchange for cleaning the bathrooms. Jewett refused and cleaned the bathrooms himself. 10. Apparently,the other inmates believed Jewett had informed on them about these rules infractions, and after this time they treated Jewett with contempt. Jewett often overheard the other inmates, especially Ramon Eusebio Gurule ("Gurule") saying words to the effect of"We're going to get him" or"We're going to take him out one of these days." When he was in the day room he overheard other inmates saying, "There's the snitch; there's the snitch!" 11. The other inmates also began throwing pennies at Jewett while he was lying in his bunk at night. 12. On or about October 3, 2004 Jewett told John Doe No. 1 (hereinafter 2 referred to as "Nagler") that the other inmates were harassing him and that he wanted a change in bunk assignment. Nagler declined Jewett's request. 13. One evening Jewett told John Doe No. 2 (hereinafter referred to as "Bill") and John Doe No. 3 (hereinafter referred to as "O'Neal")that the other inmates were throwing pennies at him. Neither Bill nor O'Neal took any action other than telling Jewett to tell the next shift supervisor. 14. That same evening Jewett told John Doe No. 4 (hereinafter referred to as "Soto") that the other inmates were throwing objects at him. She told Jewett not to worry about it. 15. At least a dozen times Jewett told staff members at Centennial that the other inmates were harassing him and that he was in fear for his safety and believed the other inmates intended to assault him, and pleaded with them to help him. No Centennial staff member ever took any action whatsoever in response to Jewett's pleas. Jewett was told that there was "nothing we can do"until after "something happens." 16. In the early morning hours of October 16, 2004 Jewett was sleeping in his bunk. He awoke to find Gurule and the inmate from Bunk W-12 (hereinafter referred to as "David") standing over him. Gurule said, "Hey, you're the rat." Gurule and David told Jewett they were going to "take him out." Bill came in and saw Gurule and David standing over Jewett's bunk and told them to get back into their bunks. 17. At this time Jewett asked Bill if he could go to the restroom. Bill said yes and Jewett went to the restroom. David came into the restroom with Jewett and began threatening him again, saying"we're going to get you." Bill came in and told David to get back to his bunk. 18. After using the restroom Jewett went back to his bunk. A short time later Gurule and David approached Jewett's bunk again. Bill came in and told David to pack his belongings. David then left the room and Bill followed him, leaving Jewett alone with Gurule. 3 19. Gurule then came up to Jewett; Jewett attempted to get up and put his shoes on so he could run away. Before he could do so Gurule struck him in the jaw with such force that his head snapped back and struck the next bunk over. 20. As a result of this assault Jewett suffered severe injuries, including, but not limited to, injury to his brain. Jewett's injuries resulted in an extensive stay in the Northern Colorado Medical Center. 21. But for the policies and procedures of defendant Cooke and/or the Sheriffs Department and the conduct of the other defendants, Jewett would not have been injured. 22. All of the acts and omissions complained of herein were undertaken by the defendants under color of state law and the regulations, policies, customs, and procedures of Cooke and/or the Sheriff's Department. FIRST CLAIM FOR RELIEF (42 U.S.C. Section 1983 —Eighth Amendment Violation) 23. Plaintiff restates the allegations contained in paragraphs 1 - 22, above, as if fully set forth herein. 24. The defendants had an obligation to take reasonable measures to ensure Jewett's safety. 25. Pursuant to the policies and procedures of Defendant Cooke and/or the Sheriffs Department, the defendants failed and refused to take such measures. Specifically, Jewett warned the Centennial staff numerous times that he was in fear for his safety. These warnings were not the result of undifferentiated and ungrounded fears. Instead, the warnings were based upon specific facts and circumstances that caused Jewett reasonably to fear for his safety, and Jewett told the Centennial staff about these specific facts and circumstances. After receiving these very specific warnings, the Centennial staff took absolutely no action to protect Jewett. Furthermore, instead of sending David and Gurule back to jail for threatening and harassing Jewett, the 4 Centennial staff took no action. As a direct result of the Centennial staffs failure to heed warnings and their failure to send David and Gurule back to jail, Jewett was severely injured. 26. Jewett was thus incarcerated under conditions posing a substantial risk of serious harm. Defendants acted with deliberate indifference to Jewett's plight. Specifically, they had actual knowledge of the threats to Jewett's safety and Jewett pleaded with them to take measures to protect him. Instead, defendants disregarded this excessive risk to Jewett's health and safety. 27. Defendants' actions and failure to act resulted in injury to Jewett, and as a result defendants are liable to plaintiff for damages in an amount to be proved at trial. 28. Pursuant to the provisions of 42 U.S.C. Section 1988 plaintiff is entitled to judgment against the defendants for his costs and attorneys fees incurred in bringing this action. SECOND CLAIM FOR RELIEF (42 U.S.C. Section 1983 - Failure Properly to Train) 29. Plaintiffs restate the allegations contained in paragraphs 1 - 28, above, as if fully set forth herein. 30. Defendants Cooke and the Sheriffs Department had a policy of training the staff at the Centennial facility. 31. Defendants Cooke and the Sheriffs Department failed properly to train the staff who handled the situation. The staff should have been trained to send back to jail inmates who were harassing and threatening other inmates. Also, the staff members at Centennial told Jewett that Centennial's policy was that they could take no action to protect him until after"something happens." In other words, the staff members believed that they could take no action to prevent future violence against an inmate until after that inmate had been assaulted at least once. Finally, the staff should have been trained not to leave an inmate alone in a room with another inmate who had just attempted to assault 5 , him, as Bill did when he left Jewett along with Gurule. 32. The Centennial staff's failure to send Gurule back to jail when he was harassing and threatening Jewett occurred as a result of the failure of defendants Cooke and the Sheriff's Department properly to train the Centennial staff and resulted in injury to Jewett in violation of his rights protected by the Eighth Amendment to the United States Constitution. 33. The Centennial staff's belief that they could take no action to protect Jewett until after he had already been assaulted was a direct result of the failure of defendants Cooke and the.Sheriff's Department properly to train the Centennial staff and resulted in injury to Jewett in violation of his rights protected by the Eighth Amendment to the United States Constitution. 34. Bill's action in leaving Jewett alone with Gurule when it was apparant that Gurule intended to do violence to Jewett occurred as a result of the failure of defendants Cooke and the Sheriff's Department properly to train Bill and resulted in injury to Jewett in violation of his rights protected by the Eighth Amendment to the United States Constitution. 35, Defendants Cooke and the Sheriff's Department are liable to Jewett for damages in an amount to be proved at trial for failure properly to train the Centennial staff, which failure to train was done with deliberate indifference to Jewett's rights. 36. Pursuant to the provisions of 42 U.S.C. Section 1988 plaintiff is entitled to judgment against the Defendants Cooke and Sheriff's Department for its costs and attorneys fees incurred in bringing this action. WHEREFORE, plaintiff respectfully requests this court to award him compensatory damages in an amount to be proved at trial plus an award of costs and attorneys fees incurred in bringing this action. PLAINTIFF DEMANDS A TRIAL TO A JURY OF ALL CLAIMS SO TRIABLE. 6 Dated this 11th day of August, 2005 /s/Barry K. Arrington Barry K. Arrington Arrington & Associates, P.C. 5310 Ward Road, Suite G-07 Arvada, Colorado 80002 Voice: (303) 205-7870 Fax: (303) 463-0410 Email: barrv.arrington(a�comcast.net Plaintiff s Address: 2842 16th Avenue Greeley, Colorado 80631 '5, i . il r:.is'<i; (Rev. ..ki) CIVIL COVER SHEET l T1icJ,44 civil cover sheet and the information c•ont•ained herein neither replace s plemcnt the•nlimg and service of_pleidinaf or of er aper•sas. u"mxl liy law'-exoept?a'ptovideal • by!neat rules ofcourt:This forth,approved by the Judicial Conference of Ihe UnitedSUiesiDSeptember1974,is required f'rthcuseofthe Clerk.of 'flintiortheputpose.of)nitlathi I the civil docket sheet. IN.STRIJCT10 NS 0N':TH E a EVFRSE OF THI!rO RM.1•• - '...m^I'a,LL "` • I. (a) PLAINTIFFS - _ DEFENDANTS !:_-g _ .-• ` • ,. L fir ,! _�, _ .. .r � :y;4^..y �!,,,,,:.,;5,..4...i14,-,;,;.:t. ,..S rLy'.i�. `,. 4,!!itia - ,.:r u". Clfnf Stott Jewett Weld�Corm Sh..,,,,:,,„-,?:, ,-...J.,,-_,..4„..,,,,;,-.,6:- riM Deparimeni.John`.Gdok;the Sheriff of Weld Countjl: :,. - y' ?Flan' - 6.?l,tA. - tS��:(_: y�� rw. '!�!. i, ,,�, '°J . ;_`. . t - '��~ _ cam F�: .�_ 9 r Weld Count bfRaldeucc'oC'Frst Listed Defewdeiiit FW d ; ;F.,-:.. (b) Count of Residence of FInt�Lutod'iPlauttilL"' --=- y. Weld 1 U S TLAI:_ 6,0i.yr_d,a:,. .._:.b„ _.._ ...:�;.r.:-A% !P U'S:,PLAIJC TIFF CASES!ONL1• - - - , �; ; r..- 161tC'6P.TSIN U.SrPL41 't'y 'CASES) s:. ,-t._._ • - _ _ - ,E/ - -liar:;- - - _',,,,��s•?: _ Arw5_--''� "2.4"r:*IS!'��'j�- -wla 5u:•'Ll`.'a;,R':�(I'f=�.�-�- _ _ • - � r._:.:�:,n .. _ _ 2,�xa__�,� _-;tie�;a,��!�rl_:+�.-L�NOTL•j+°ud�ISANOCOHD8_YINATJONCA5ESU$tiTHE�G00A71q,(sO1j4'FRG;�'�`„-� ..jai.. :,� .�:,...�.�, t6!n: 'd'r.._r... _.:e=.._ 5.:I2,::•:0;•;:-:,2;--. _q!"ICAND UiVOf:V.PD:'=- , C AnOtnC)tS(r Inn Name.Adsrest.ssd.Tilaplaone Namltcr) :; •.�_._ ,,.trrAnistiseys -'.. - .. i._ 7 Arvada,CO 80002 Road.Suite G-0 .;7;_i.,,.4.,_.,....,,,,,..,::, Barry Amngton,53 _ • _, , - • ,' : II. BASIS:OF JURISDICTION": O (Ptaccan.](-iaOwHoaonly) III..CITIZENSHIP F PRINCIPALPARTI Ioce . ki!ESiP .' '••in'UMoa I) rorPi olii' -- t fi•n r 12ivcr+iey Lis,. 'nIy1 4. U• � •404;OarBaz'lit►Defeedtatl i .._ � °Pe❑I U.S.Gorenntem.. - Fedc al Qucatios• : DEF f:'' "-_ , -`y__ P"r71--k.DF.FTo,,,.. : l'l inift E-•1 -- IU,5SGorena tot Glcrrn of Rat Srn+c ps(1 PY1 t acoiparateior Pnuaryil Ybes_ :D`!J,''❑•i itj_ b. C ` i. nf8uslrwta to file$utc l'c ❑2 US OaVuwgetat ; D4 .:Dwer.uy coots of AaOlhe r 5late Q J dPrlseipYPliee ❑5'•Defiapt.m FF 1 mr ::, .._. .._. .r_. . . I'M orpadtN Aa O a3 ° r. , ;:d8tlataea IaAtlMherSlate _� i`,,:•.!!!.k!�) .:...._.. .,.-1- .,._. (l ndicale C it.aeaehip of Panics in Lem Ili( .�._'_._ - CritaccSubiacrofa ❑ l :' 0•••1- F ercrn Ntttoa>': .'.133..W.”1316:-IV ,!!I',' Fornau Coual:y : _,,.. '.� ,'.L•IV. NATUR.E.OF SUIT IPiace a In One BarMilyl I CONTRACT TORTS FORFEITURE:PENALTY BANKRUPTCI T UHh R STATur1Is i t QII(tlinunacc •" . .p E RSONA/:INJURY PERSONAL!KJURY '❑Ole Agriculture ❑422 Sfpe+l 29(ISC•151 ,IV..`S%iRippdnioou'atF. 0`1201.4 ,,o. O'?I9 A!tplane '-' t7 lo.'Prnonai_lnjrry ! 6...............i9:Drug'. []123 Wai.drwwd ❑110,Asldrust 4.` . - , i 'P " Mrd.Mu ,ca.ke •0021 t)rof Rit tad Sei4nre ! X26 USC JS? Ci A'0.8anll i•d�H tLlatu+ D- l4O 1.rii.:'Act: - :❑i13.uPlsnc;,rdtlus.��_ ,,, _ ._ n ... _ _ , c r r . a '•-' � :��O763 Perteulltl ';�� el Prcpo!y 21 VSG etI• ..:.!__�.._' ,'ars Q-YtO Negouafile'LsccrrttlsavK•, 1-':2• •Lnl!iluys _ ;, )o!P : .. - , Q 1I}Oaeeevc7 nfOyitpaPnurt_ '(�'1:oAas+(ukl.ibst&;''gr =-PF.�P�nnL(4biflty ❑63pLfpusiWwr ,;:.PRO RCtt'liY=$IGIITS:�_�.x.4Q�160Drpnrtation r +�. _' •� 4 ': ::C•Ei(orce...70 orludgmoel, Cltader,., 'f 036t`Asbcs.o ..,-,,nAl ❑6SO R R k`Teuot 0:H2U C'opyri W_ :F.,al-`4)la14+rkarier iiii,i4ced/11dr' i ._P i Q=ISIModkarl4:04,t;Ptit2F 'Q 3011Fidar,lF.mp(oyen'3„ .Tapp odool.9*.: ❑650AirhoeRoga ❑aiiiPatrot ,i7"-,,,[ !''''.1 .3-•,......,...i.iC,9rnipl:Or .initb, � , . c I O;f 32 Rccooury of Uelioaod '.' _: Lubifayi f=' ..,_ . Liab"I+tr 0660 Deiopitiond Q 640 Traders.rk y O ad?C tsa er eirdil it .r`_4,. p 'r- -'��. " P•ERSONAL PROPERTY StrerylHahl. xr '490 Ctbk/O aiTVr;rin::.4'•.ir i' •,-:. CtcrahL6ana� r , r Q24oMiiiiiii • -•.t {OccC;Ysiertrrt) vF�.,,. O74S fi1srttle Pmdret QJ7ll Ulfiu FritW -❑640 Oaher- _... ._...._. 114 Saleedve Sen ier, 131S)E.tuiery01.0; l.rmtis, Emja e�:t:i.buili-a. . !i r•i0371',TrylhhLeedlrlr .. .•..:LABOR. ... .SOLIALSECURITY 01511,Srcueales:comwudtaesl(;ii• • ' 'D ,I•-_.,,. •'y�;N_'OD3S0J,idarVobrek.�_;,=c:".'0304Other.irinnLi rJ :0150FairLuberStaidatdr :❑F6I/11A•(IJ950) • !L• '1.ante 'gf!. ,;� t•,9't•ael.lienofitsl_,, +•a _•,;v.'-_,. uY2_ P...�ACI r. . 0S02I 51.ung(922) -_ •Ci 75:CutomoriChtlIego.i„;L,,, ,�,_.,-.. ,is L.,.+��.roF.rwP/ Dap' 7 Ci:lou nib. CldinLSaltss.`:6� 313 Alater Vaiiele.i- .-fin .pourer. _!� f`- - - is 1'1190.61-h-- Cnstiu; ,_.�.�,; r,� '-,°_.,! +1dcILiiiilily a.: 7-!RDiii*iipeatFD±iiise .'O?201.0;:ii04 nl Reiat5ena' 0661 D1W cif>ovw (4nSlg 1)x : ,fit 72 liSC 3119- �. 0li0S'G:iwlr.c�ProifucrIcattitlly,i,_03500tAit Peoonit.'wL;.;i "yy':•r:Produca 1.obllil)+ '.0710 Laborl15 tmt.Reri.rrlh 6•".O ItO SSID TIrk1\YI, 3 O600.Uth!:51amtars Ace 115= ' Qi19A Fran••-- ,.... rofory ° a, .. %` ::' T!. .. R bit,leoun Act :' ❑161 RsJ(40516)1 !.. ❑,t91'.vl ulrmf Adur , ', . a II.,'i:`,'REAl,PROPERTY,- CIVIL MOOTS.] PRISONER PETITIONS ❑780RaHdayLaborA.C' '',',FEDERAL:TAXSUIl85....Ci 93I i n.+. tihi5xa6onAci,:� -r sioMalonsteVacile :{]190O(Aer tabor Lnataboe , ❑S;0"ra-,tciitU.S Plauwsr..0iM3;En•uini'i 0inlfittiurs, ` 0;2101:an d Cnndemuabon" 0441:V(4n ::: ❑ - • t3 29 f re:.dosua - O+sI Fn;pio)moat :. .SCRItiC 0741 6mpI RtL 1ne_, Of AekadsntT i'D RS+:Energy Albat&miAet,t 0210 R ant Le.ac''4e t:lecrinent O-44)Ilnaalir/ r _ (labia.Caa�utn Eettlrgy_Aol -_ ❑8'itii fhrodPatty,•. •!-OR9f Frredaro.cicfermael.e •.F 02411?arts ioL d Acc nemd4liwiar.-• OSJo:Geoetal • • � •1-_ 6 Di900Apnasl of Fee'Betormina.ion' I]_2A!TortPiodu t Lubilits. 0411 W e fare; ',., QS31 Doa11►es!lry -a _ — - : ,;2 C 740. T O990:All Other Cool Pn?peny - 1044)Amor..wn)rsandtiir° .0340'Mandsnu&&Oldert - z r t Lmpivynt- . '- .Cm.Rights Orr. `I:' - _ _ - - .-.` tA0 eta ,.. a -a`',=. I .r. 0.930 Coni}uoii.oab •6?•..-. ._.. 446Atars.wJDuabds.es•: OSSSPruon Coniltone .._-.. - - _ - - - '� .i...41. F 1r1 ..: '',F.,' .. Other.::• - '•-:.. ,;..:__.•:•:;;•-•:,.:',.':••!:!!!;' _ _.•_ a.a5 '• • -•...-• - _ jl1 440 00,er Civil Ritbu pp - • V.-O RIG r� tpa.ce a.-x"to Oar Box Only; �fiRnsfefTCd • • . . App froJT1 I dge,frLO Diaf t Cr:, 2 3 Remanded from, 4-Reinsured or 5 another disirict O 6'hlullidistnU 7:"hisgiaimir 1.rigout Removed frn01 II r1c Proceeding . State Code Ajpeliare Court':'' Reopened (specify): . .. ` : Labgation Jut gm ost. . " . .'...P.-•'',....,:,.,::' Cite the U.S.Civil statute undeclvhich you arc'filing'.(Do oat cite jurisdictional statutes unless diversity): d - 42 USC 1983 and 1988 • V .'CAUSE OF'ACTION `'• IlriefdeseriptioDoleaagc: `. : - Violation of prisoners eighth amendment rights due to injury while incarcerated'. : :,VIT _RI QU ESTED:IN ID CHECK IF THIS 1S A CLASS'ACTION DEMAND S CHECK YES only ifdcmanded in complaint: ?1 COMPLAINT: LINDER F.R-C P.23 JURY DEMAND: r,g6'e-.. ❑Ho • D A�I/fi ( • IONATUAGOFA ORNEY OF RECORD' ,. • FUII1b0friFP1 RONLY l _. IU00E MA(::.fU11(i[(IDOL RECEIPT.. - AMOONT • :APPLY INO UP` ' ii 1-;:j .. - • - -.a....gz.,Ed;,.'9""u...—. .,S.""2L .:. ,•g ��"..9L1e...3f.,,'7.L^-"8Hs5.^.Jr�la.,.3 rfi:31.n^ °S:0•;:.a.9k:."�.'-�T ., ,..L-v,RX..''.'.:; MWJLL�6fIR116.Y.rt.cn-•CM4.iniiGfs'..A�Dr�:InA'.•f.'n+'�F�-+at�rn":litf$''.4t't= •� SUMMONS IN A CIVIL ACTION United States District Court for the District of Colorado Civil Action Number. 05:-C V; D/5 V— PST- 9arc, CLINT SCOTT JEWETT PLAINTIFF, v. SUMMONS WELD COUNTY SHERIFF'S DEPARTMENT, JOHN COOKE,the Sheriff of Weld County,Colorado;and JOHN DOES NUMBERS 1- 10, individually and in their DEFENDANTS. official capacities To the above named Defendant(s): You are hereby summoned and required to serve upon Barry K.Arrington plaintiffs attorney,whose address is: 5310 Ward Road,Suite G-07,Arvada,Colorado 80002 AND FILE WITH THE CLERK OF THE COURT an answer to the complaint which is herewith served upon you,within 20 days of service of this summons upon you, exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint. Grego ngham,Clerk By: Deputy Clerk (S I of the Court) Date: '- IS—d 5- Clerk, U.S. District Court, Room A-105 Alfred A.Arraj U.S.Courthouse,901 19th Street, Denver,Colorado 80294-3589 NOTE:This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Instructions Regarding • Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction Pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and D.C.COLO.LCivR 72.2 Attached please find a copy of the United States District Court for the District of Colorado Local Rules of Practice 72.2 (D.C.COLO.LCivR 72.2), a Notice of Availability of a Magistrate Judge to Exercise Jurisdiction and Consent to the Exercise of Jurisdiction by a United States Magistrate Judge, and a proposed Order of Reference. Pursuant to D.C.COLO.LCivR 72.2, it is the responsibility of the filing party to serve a copy of these instructions, D.C.COLO.LCivR 72.2, and the attached forms on the opposing party or parties and to file proof of such service with the court. The filing party is the plaintiff when an action is commenced by the filing of a complaint, the defendant when an action is commenced by the filing of a notice of removal, the third-party plaintiff when a third-party complaint is filed, or any party that adds an additional party to the civil action. If ALL parties have consented to this exercise of jurisdiction please file an original and two copies of the Notice and Consent and proposed Order of Reference. In accordance with D.C.COLO.LCivR 72.2D, the Notice and Consent must be filed no later than ten days after the discovery cut-off. In cases not requiring discovery, the parties shall have 40 days from the filing of the last responsive pleading to file their unanimous consent. If any additional parties are added after the entry of an Order of Reference to the magistrate judge under 28 U.S.C. § 636(c), the party adding an additional party or parties MUST file with the clerk a document titled "Notice," which informs the clerk that an additional party has or parties have been added. The notice MUST provide the added party's address, or parties' addresses, so that the clerk can serve a copy of these instructions, D.C.COLO.LCivR 72.2, and attached forms upon the newly added party or parties in accordance with D.C.COLO.LCivR 72.2F. This mailing will be completed promptly. You are encouraged to serve the summons and complaint promptly so that.the added party or parties will understand the reason for being sent the attached forms from the Clerk's Office. (06/21/02) • D.C.COLO.LCivR 72.2 CONSENT JURISDICTION OF MAGISTRATE JUDGES A. Designation. Pursuant to 28 U.S.C. § 636(c)(1) and subject to the provisions of this rule, all full-time magistrate judges in the District of Colorado are specially designated to conduct any or all proceedings in any jury or nonjury civil matter and order the entry of judgment in the case. This rule, implementing 28 U.S.C. § 636(c) consent jurisdiction in the District of Colorado, does not affect assignments to magistrate judges under other court rules and orders of reference. B. Prohibition. No judicial officer,court official, or court employee may attempt to influence the granting or withholding of consent to the reference of any civil matter to a magistrate judge under this rule. The form of notice of right to consent to disposition by a magistrate judge shall make reference to the prohibition and shall identify the rights being waived. C. Notice. Upon the filing of any civil case, the clerk shall deliver to the plaintiff(s) written notice of the right of the parties to consent to disposition of the case by a magistrate judge pursuant to 28 U.S.C. § 636(c) and the provisions of this rule. The written notice shall be in such form as the district judges shall direct. The clerk shall also provide copies of such notice to be attached to the summons and thereafter served upon the defendant(s) in the manner provided by Fed. R. Civ. P. 4. A failure to serve a copy of such notice upon any defendant shall not affect the validity of the service of process or personal jurisdiction over the defendant(s). D. Unanimous Consent; Determination. Written consent to proceed before a magistrate judge must be filed no later than ten days after the discovery cut-off date. In cases not requiring discovery, the parties shall have 40 days from the filing of the last responsive pleading to file their unanimous consent. When there is such consent, the magistrate judge shall forthwith notify the assigned district judge, who will then determine whether to enter an order of reference pursuant to 28 U.S.C. § 636(c). E. Reassignment. Upon entry of an order of reference pursuant to 28 U.S.C. § 636(c), the civil action will be reassigned to a magistrate judge by random draw, excluding the magistrate judge previously assigned. (06/21/02) • F. Additional Parties. Any party added to the action or served after reference to a magistrate judge under this rule shall be notified by the clerk of the right to consent to the exercise of jurisdiction by the magistrate judge pursuant to 28 U.S.C. § 636(c). If any added party does not file a consent to proceed before a magistrate judge within 20 days from the date of mailing of the notice, the action shall be returned to the assigned district judge for further proceedings. G. Vacating Reference. The district judge, for good cause shown on the district judge's own initiative or under extraordinary circumstances shown by a party, may vacate a reference of a civil matter to a magistrate judge under this rule. H. Appeal. Upon entry of a judgment in any civil action on consent of the parties under 28 U.S.C. § 636(c) authority, an appeal shall be directly to the United States Court of Appeals for the Tenth Circuit in the same manner as an appeal from any other judgment of this court. (06/21/02) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. • Plaintiff(s), v. • Defendant(s). NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION • In accordance with the provisions of 28 U.S.C. § 636(c),Fed. R. Civ.P. 73,and D.C.COLO.LCivR 72.2,you are hereby notified that a United States magistrate judge of this district court is available to handle all dispositive matters in this civil action,including a jury or nonjury trial,and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge,however,is permitted only if all parties voluntarily consent and the district judge orders the reference to a magistrate judge under 28 U.S.C. § 636(c). • You may,without adverse substantive consequences,withhold your consent,but this will prevent the court's jurisdiction from being exercised by a magistrate judge. If any party withholds consent,the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. ' Pursuant to D.C.COLO.LCivR 72.2,no district judge or magistrate judge, court official, or court employee may attempt to influence the granting or withholding of consent to the reference of any civil matter to a magistrate judge under this rule. • An appeal from a judgment entered by a magistrate judge shall be taken directly to the appropriate United States Court of Appeals in the same manner as an appeal from any other judgment of a district court. if this civil action has been referred to a magistrate judge to handle certain nondispositive matters,that reference shall remain in effect. Upon entry of an order of reference pursuant to 28 U.S.C. § 636(c), the civil action will be drawn randomly to a magistrate judge, excluding the magistrate judge previously assigned. CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. § 636(c),Fed.R. Civ.P. 73, and D.C.COLO.LCivR 72.2,the parties in this civil action hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case,including the trial,and order the entry of a final judgment. • Signatures Party Represented Date Print Print Print Print • NOTE: Return the original and a copy of this form to the clerk of the court ONLY IF all parties have consented ON THIS FORM to the exercise of jurisdiction by a United States magistrate judge.Also attach a captioned proposed order. (See attached). (06/21/02) • • UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. Plaintiff(s), v. Defendant(s). ORDER OF REFERENCE PURSUANT TO 28 U.S.C. § 636(c) Pursuant to D.C.COLO.LCivR 72.2 on the day of , ,Magistrate Judge notified the court of the parties'unanimous consent to disposition of the above action by a United States Magistrate Judge.Now,therefore,being sufficiently advised, IT IS ORDERED as follows: 1. The above action is referred for disposition to a magistrate judge pursuant to 28 U.S.C. § 636(c); 2. The above action will be randomly assigned to a magistrate judge selected by random draw, excluding Magistrate Judge ; and 3. Upon such reassignment, the above case number will be amended to reflect the magistrate judge to whom the case is reassigned. BY THE COURT: DATED: Judge,United States District Court NOTICE OF REASSIGNMENT Pursuant to the above order,this civil action is reassigned to United States Magistrate Judge Gregory C.Langham,Clerk By ,Deputy Clerk (06/21/02) Hello