Case: Prison Legal News v. Federal Bureau of Prisons

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT against The Federal Bureau of Prisons (Filing fee $ 400,Receipt Number 1082-4631030)Attorney Steven David Zansberg added to party Prison Legal News(pty:pla), filed by Prison Legal News. (Attachments: # 1 Exhibit A (Prison Legal News, July 2013), # 2 Exhibit B (Prison Legal News, Feb. 2013), # 3 Exhibit C (9-11-13 Ltr from L. Weber), # 4 Exhibit D (9-30-13 Ltr from P. Laird), # 5 Exhibit E (10-9-13 Ltr from L. Weber), # 6 Exhibit F (10-24-13 Ltr from P. Laird), # 7 Summons, # 8 Civil Cover Sheet)(Zansberg, Steven) Modified to show correct party on 10/2/2015 (sphil, ). (Entered: 10/01/2015)

1 Exhibit A (Prison Legal News, July 2013)

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2 Exhibit B (Prison Legal News, Feb. 2013)

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3 Exhibit C (9-11-13 Ltr from L. Weber)

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4 Exhibit D (9-30-13 Ltr from P. Laird)

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5 Exhibit E (10-9-13 Ltr from L. Weber)

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6 Exhibit F (10-24-13 Ltr from P. Laird)

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7 Summons

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8 Civil Cover Sheet

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CORPORATE DISCLOSURE STATEMENT. (Zansberg, Steven) (Entered: 10/01/2015)

Case assigned to Judge Robert E. Blackburn Text Only Entry (dbera, ) (Entered: 10/02/2015)

SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule (Attachments: # 1 Magistrate Judge Consent Form) (dbera, ) (Entered: 10/02/2015)

1 Magistrate Judge Consent Form

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ORDER DIRECTING PREPARATION OF JOINT CASE MANAGEMENT PLAN. By Judge Robert E. Blackburn on 10/5/2015. (mlace, ) (Entered: 10/05/2015)

SUMMONS Returned Executed upon U.S. Attorney, on behalf of Federal Bureau of Prisons defendant(s) Prison Legal News served on 10/5/2015, answer due 12/4/2015. (Zansberg, Steven) (Entered: 10/06/2015)

NOTICE of Entry of Appearance by Matthew S. Shapanka on behalf of Prison Legal NewsAttorney Matthew S. Shapanka added to party Prison Legal News(pty:pla) (Shapanka, Matthew) (Entered: 10/07/2015)

NOTICE of Entry of Appearance by Addar Weintraub on behalf of Prison Legal NewsAttorney Addar Weintraub added to party Prison Legal News(pty:pla) (Weintraub, Addar) (Entered: 10/07/2015)

NOTICE of Entry of Appearance by Peter Andrew Swanson on behalf of Prison Legal NewsAttorney Peter Andrew Swanson added to party Prison Legal News(pty:pla) (Swanson, Peter) (Entered: 10/07/2015)

SUMMONS Returned Executed by Prison Legal News. Federal Bureau of Prisons, The served on 10/7/2015, answer due 10/28/2015., SUMMONS Returned Executed upon defendant(s) Federal Bureau of Prisons, The served on 10/7/2015, answer due 10/28/2015. (Shapanka, Matthew) (Entered: 10/08/2015)

SUMMONS Returned Executed by Prison Legal News., SUMMONS Returned Executed upon The Honorable Loretta E. Lynch (Shapanka, Matthew) (Entered: 10/08/2015)

NOTICE of Entry of Appearance by David M. Shapiro on behalf of Prison Legal NewsAttorney David M. Shapiro added to party Prison Legal News(pty:pla) (Shapiro, David) (Entered: 10/09/2015)

NOTICE of Entry of Appearance by Susan Begesse Prose on behalf of Federal Bureau of Prisons, TheAttorney Susan Begesse Prose added to party Federal Bureau of Prisons, The(pty:dft) (Prose, Susan) (Entered: 10/15/2015)

NOTICE of Entry of Appearance by Sabarish P. Neelakanta on behalf of Prison Legal NewsAttorney Sabarish P. Neelakanta added to party Prison Legal News(pty:pla) (Neelakanta, Sabarish) (Entered: 10/15/2015)

NOTICE of Entry of Appearance of Counsel by Lance T. Weber on behalf of Prison Legal NewsAttorney Lance T. Weber added to party Prison Legal News(pty:pla) (Weber, Lance) (Entered: 10/15/2015)

MOTION to Reassign Case to Civil Docket by Plaintiff Prison Legal News. (Zansberg, Steven) (Entered: 11/20/2015)

Joint MOTION for Extension of Time to File a Joint Case Management Plan and for Defendant to Respond to the Complaint by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 11/30/2015)

1 Proposed Order (PDF Only)

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RESPONSE to 16 MOTION to Reassign Case to Civil Docket filed by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 12/11/2015)

NOTICE of Entry of Appearance and Substitution of Counsel by Stephen William Kiehl on behalf of Prison Legal NewsAttorney Stephen William Kiehl added to party Prison Legal News(pty:pla) (Kiehl, Stephen) (Entered: 04/22/2016)

ORDER Granting 16 Motion to Re-assign Case. Signed by Judge Robert E. Blackburn on 6/9/2016.(cmira) (Entered: 06/09/2016)

CASE RE-ASSIGNED. Pursuant to 20 Order on Motion to Reassign Case. This case is re-assigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 15-CV-2184-NYW. (Text Only Entry). (cmira) (Entered: 06/09/2016)

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmira) (Entered: 06/09/2016)

ORDER granting in part and denying in part 17 Motion for Extension of Time to File. Defendant shall file an Answer or otherwise respond to the Complaint on or before 6/27/2016. Consent Form due by 6/27/2016. By Magistrate Judge Nina Y. Wang on 6/13/16.(nywlc1) (Entered: 06/13/2016)

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,, by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 06/22/2016)

1 Proposed Order (PDF Only)

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CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Prison Legal News All parties do not consent.. (Shapanka, Matthew) (Entered: 06/22/2016)

CASE REASSIGNED pursuant to 25 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 15-cv-02184-RM. (Text Only Entry) (nmarb, ) (Entered: 06/22/2016)

ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. ยง 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 D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 6/24/2016. (Text Only Entry) (rmsec ) (Entered: 06/24/2016)

MEMORANDUM regarding 24 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 6/24/2016. (Text Only Entry) (rmsec ) (Entered: 06/24/2016)

ORDER granting 24 Motion for Extension of Time. Defendant Federal Bureau of Prisons shall answer the Complaint or otherwise respond on or before 7/27/2016. By Magistrate Judge Nina Y. Wang on 6/24/16. Text Only Entry(nywlc1) (Entered: 06/24/2016)

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE for 8/17/2016 at 11:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 6/24/16. (nywlc1) (Entered: 06/24/2016)

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1, Attachment 1, # 3 Exhibit 1, Attachment 2, # 4 Exhibit 1, Attachment 3, # 5 Exhibit 1, Attachment 4, # 6 Exhibit 1, Attachment 5, # 7 Exhibit 1, Attachment 6, # 8 Exhibit 2)(Prose, Susan) (Entered: 07/27/2016)

1 Exhibit 1

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2 Exhibit 1, Attachment 1

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3 Exhibit 1, Attachment 2

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4 Exhibit 1, Attachment 3

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5 Exhibit 1, Attachment 4

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6 Exhibit 1, Attachment 5

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7 Exhibit 1, Attachment 6

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8 Exhibit 2

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MEMORANDUM regarding 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 7/27/2016. (Text Only Entry) (rmsec ) (Entered: 07/27/2016)

MINUTE ORDER setting Oral Argument re: 31 MOTION to Dismiss filed by Federal Bureau of Prisons. The Oral Argument is set for 9/29/2016 at 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 7/28/16. Text Only Entry (nywlc1) (Entered: 07/28/2016)

MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 08/05/2016)

MEMORANDUM regarding 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 8/5/2016. (Text Only Entry) (rmsec ) (Entered: 08/05/2016)

MINUTE ORDER: The Scheduling Conference set for 8/17/2016 is VACATED and RESET to 10/13/2016 at 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Counsel shall submit their proposed scheduling order, including a copy of the proposed scheduling order in a Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before seven days prior to the Scheduling Conference. By Magistrate Judge Nina Y. Wang on 8/5/2016. Text Only Entry (nywlc1) (Entered: 08/05/2016)

Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 08/16/2016)

MEMORANDUM regarding 37 Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Confe filed by Prison Legal News. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 8/17/2016. (Text Only Entry) (rmsec ) (Entered: 08/17/2016)

MINUTE ORDER re: 37 Joint Motion for Extension of Time to File Response/Reply. A Telephonic Motion Hearing is set for 8/19/2016 at 09:30 AM before Magistrate Judge Nina Y. Wang. The parties are directed to initiate a call between themselves prior to contacting Magistrate Judge Wang's Chambers at 303-335-2600 at the designated time. By Magistrate Judge Nina Y. Wang on 08/17/2016. Text Only Entry (nywlc2) (Entered: 08/17/2016)

MINUTE ENTRY for proceedings held before Magistrate Judge Nina Y. Wang: Telephonic Motion Hearing held on 8/19/16. Order GRANTING 37 Motion for Extension of Time to File Response/Reply. Plaintiff shall respond to the Motion to Dismiss 31 on or before November 15, 2016. Plaintiff shall respond to the Motion to Stay Discovery 34 on or before November 25, 2016. Scheduling Conference set for 10/13/16 is VACATED. Motion Hearing set for 9/29/16 is VACATED and RESET to 12/15/2016 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. FTR: NYW C-204. (nmarb, ) Modified on 8/22/2016 show scheduling conference is vacated. (nmarb, ). (Entered: 08/22/2016)

Unopposed MOTION for Protective Order by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, Proposed Stipulated Protective Order)(Prose, Susan) (Entered: 09/21/2016)

1 Exhibit 1, Proposed Stipulated Protective Order

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MEMORANDUM regarding 41 Unopposed MOTION for Protective Order filed by The Federal Bureau of Prisons. Motion referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 9/21/2016. Text Only Entry (cpear) (Entered: 09/21/2016)

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 9/27/16. (bwilk, ) (Entered: 09/27/2016)

CASE REASSIGNED. This action is reassigned to Magistrate Judge Scott T. Varholak, upon his appointment. All future pleadings should reference Magistrate Judge Varholak at the beginning of the civil action number (such as 15-cv-00001-RM-STV). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Varholak in Courtroom C-205. His chambers are located in Room C-254 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2365. (Text only entry)Motions referred to Magistrate JudgeScott T Varholak. (tscha, ) (Entered: 10/03/2016)

Joint MOTION for Extension of Time to Respond to Pending Motions, Joint MOTION to Vacate the Oral Argument on the Motion to Dismiss by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 10/24/2016)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 45 Joint MOTION for Extension of Time to Respond to Pending MotionsJoint MOTION to Vacate the Oral Argument on the Motion to Dismiss filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T Varholak. Entered by Judge Raymond P. Moore on 10/24/2016. (Text Only Entry) (rmsec ) (Entered: 10/24/2016)

ORDER granting 45 Motion for Extension of Time. Plaintiff shall respond to 31 Motion to Dismiss on or before December 15, 2016. Plaintiff shall respond to 34 Motion to Stay Discovery on or before December 27, 2016. Motion Hearing set for 12/15/2016 is VACATED and RESET for 1/19/2017 09:30 AM in Courtroom C205 before Magistrate Judge Scott T Varholak, by Magistrate Judge Scott T Varholak on 10/24/2016. Text Only Entry(stvlc1, ) (Entered: 10/24/2016)

MINUTE ORDER. Due to a conflict on the Court's calendar, the Motion Hearing re: 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines set for 1/19/2017 9:30 AM is VACATED and RESET for 1/24/2017 09:00 AM in Courtroom C205 before Magistrate Judge Scott T Varholak, by Magistrate Judge Scott T Varholak on 10/26/2016. Text Only Entry (stvlc1, ) (Entered: 10/26/2016)

Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 12/02/2016)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 49 Joint MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 34 MOTION to Stay Discovery and to Vacate the Scheduling Confe filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 12/2/2016. (Text Only Entry) (rmsec ) (Entered: 12/02/2016)

ORDER granting in part and denying in part 49 Motion for Extension of Time to File Response/Reply. The deadline for Plaintiff to respond to 31 Motion to Dismiss is extended to 1/30/2017. The deadline for Plaintiff to respond to 34 Motion to Stay Discovery is also extended to 1/30/2017. The Motion Hearing set for 1/24/2017 09:00 AM is VACATED and RESET for 2/17/2017 10:30 AM in Courtroom C205 before Magistrate Judge Scott T Varholak. The Parties are cautioned that the Court is unlikely to grant any further extensions. By Magistrate Judge Scott T Varholak on 12/02/2016. Text Only Entry (stvlc1, ) (Entered: 12/02/2016)

MOTION to Withdraw as Attorney by Plaintiff Prison Legal News. (Weber, Lance) (Entered: 12/29/2016)

MEMORANDUM regarding 52 MOTION to Withdraw as Attorney filed by Prison Legal News. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 12/29/2016. (Text Only Entry) (rmsec ) (Entered: 12/29/2016)

ORDER granting 52 Motion to Withdraw as Attorney. Attorney Lance T. Weber terminated, by Magistrate Judge Scott T Varholak on 12/29/2016. Text Only Entry (stvlc1, ) (Entered: 12/29/2016)

BRIEF in Opposition to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Prison Legal News. (Attachments: # 1 Declaration of Matthew S. Shapanka, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Shapanka, Matthew) (Entered: 01/30/2017)

1 Declaration of Matthew S. Shapanka

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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BRIEF in Opposition to 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 01/30/2017)

NOTICE of Change of Address/Contact Information by Susan Begesse Prose (Prose, Susan) (Entered: 02/01/2017)

Exhibits in Support of 55 Brief in Opposition to Motion, corrected version of Doc. 55-2 (Ex. A) by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 02/10/2017)

REPLY to Response to 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Prose, Susan) (Entered: 02/13/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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REPLY to Response to 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 02/13/2017)

MINUTE ENTRY for Motions Hearing held before Magistrate Judge Scott T. Varholak on 2/17/2017. This matter is before the Court regarding Defendants Motion to Dismiss [Doc. No. 31, filed 7/27/2016] and Defendants Motion to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines [Doc. No. 34, filed 8/5/2016]. The Court will be issuing its recommendation to Judge Moore on the Motion to Dismiss. Hearing concluded. FTR: STV - C205. (morti, ) (Entered: 02/17/2017)

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re denying 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Federal Bureau of Prisons, The; denying 34 MOTION to Stay Discovery and to Vacate the Scheduling Conference and Related Deadlines filed by Federal Bureau of Prisons, The, by Magistrate Judge Scott T. Varholak on 2/23/2017. (slibi, ) (Entered: 02/23/2017)

Utility Setting/Resetting Deadlines/Hearings: Scheduling Conference set for 4/10/2017 09:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak pursuant to 62 . Text Only Entry (slibi, ) (Entered: 02/24/2017)

Unopposed MOTION for Extension of Time to File Objections to and an Appeal of the Recommendation and Order Issued by the United States Magistrate Judge [Doc. 62] by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 03/06/2017)

1 Proposed Order (PDF Only)

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ORDER: Defendant's motion for extension of time (ECF No. 64) is GRANTED. Defendant shall have until March 16, 2017 to file any objection/appeal. No further extension will be granted under ANY circumstances. SO ORDERED by Judge Raymond P. Moore on 3/6/2017. (Text Only Entry ) (rmsec ) (Entered: 03/06/2017)

OBJECTION to 62 Report and Recommendations filed by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Prose, Susan) (Entered: 03/16/2017)

1 Exhibit 1

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2 Exhibit 2

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OBJECTION/Appeal of Magistrate Judge Decision to District Court re 62 Report and Recommendations, [Appeal of Order Denying Motion to Stay Discovery] by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 03/16/2017)

MOTION for Protective Order Pursuant to Fed. R. Civ. P. 26(c) and to Vacate the Scheduling Conference by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1)(Prose, Susan) (Entered: 03/20/2017)

1 Exhibit 1

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MEMORANDUM regarding 68 MOTION for Protective Order Pursuant to Fed. R. Civ. P. 26(c) and to Vacate the Scheduling Conference filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 3/20/2017. (Text Only Entry) (rmsec ) (Entered: 03/20/2017)

ORDER. This matter is before the Court on 68 Defendant's Motion for Entry of a Protective Order Pursuant to Fed. R. Civ. P. 26(c) and to Vacate the Scheduling Conference (the "Motion"). Defendant requests that the Court issue a protective order prohibiting Plaintiff from pursuing merits-related discovery "until the Court issues a final order on [Defendant's] motion to dismiss this case for lack of subject-matter jurisdiction." [#68 at 1] Similarly, Defendant requests that no scheduling conference be conducted until the Court issues its final order on the motion to dismiss. [Id.] Defendant's Motion thus seeks the same relief sought in its previously denied Motion to Stay Discovery and to Vacate the Scheduling Conference (the "Motion to Stay"). [#34] Accordingly, the Court DENIES the Motion for the same reasons articulated in the Court's Order denying Defendant's Motion to Stay. [#62] To the extent Defendant contends that Plaintiff's discovery requests are overly broad or unduly burdensome, Defendant may challenge those requests by complying with this Court's discovery dispute procedures set forth in this Court's Civil Practice Standards, available on the Court's website. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/20/2017. Text Only Entry (stvlc1, ) (Entered: 03/20/2017)

VACATED and STRICKEN ORDER rejecting 62 Recommendation of the Magistrate Judge, denying as moot 67 Defendant's Appeal of Order Denying Motion to Stay, granting 31 Defendant's Motion to Dismiss for Failure to State a Claim, denying as moot 34 Defendant's Motion to Stay. Entered by Judge Raymond P. Moore on 3/28/2017. (cpear) Modified to show vacated and stricken pursuant to 81 order on 8/14/2017 (cthom, ). (Entered: 03/28/2017)

VACATED FINAL JUDGMENT pursuant to 71 Order. Entered by the Clerk of the Court on 3/28/2017. (cpear) Modified to vacate pursuant to Order 74 to on 3/30/2017 (cthom, ). (Entered: 03/28/2017)

MOTION to Vacate Judgment by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 03/29/2017)

ORDER granting 73 Motion to Vacate 73 MOTION to Vacate Judgment, 72 Judgment. This matter comes before the Court with the filing of the motion to vacate. Although plaintiff states that the motion to vacate is opposed, the Court agrees with the dates set forth in the motion, and thus, GRANTS the requested relief. The Court also will allow plaintiff until April 4, 2017 to file a response in order to address the Court's March 28, 2017 Order. Defendant may then have until April 11, 2017 to file any reply. No further briefing will be allowed. Nor will any extension to these deadlines be allowed. The Judgment 72 is VACATED and the case is re-opened until plaintiff's response is resolved. So Ordered by Judge Raymond P. Moore on 3/29/2017. Text Only Entry (rmlc2) (Entered: 03/29/2017)

Case Reopened

Case reopened pursuant to Order 74 by Judge Raymond P. Moore on 3/29/2017. Text Only Entry (cthom, )

MINUTE ORDER. Pursuant to the parties' agreement, the Scheduling Conference set for 4/10/2017 09:00 AM is VACATED. A Status Conference is set for 6/5/2017 10:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 4/03/2017. Text Only Entry (stvlc1, ) (Entered: 04/03/2017)

RESPONSE to Objection to 62 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Federal Bureau of Prisons, The, 34 MOTION to Stay Discovery and t filed by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 04/04/2017)

RESPONSE to 67 Objection/Appeal of Magistrate Judge Decision Denying Motion to Stay Discovery filed by Plaintiff Prison Legal News. (Shapanka, Matthew) (Entered: 04/04/2017)

REPLY to 71 Order on Report and Recommendations,, Order on Appeal of Magistrate Judge Decision to District Court,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Stay, by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 04/11/2017)

REPLY to 71 Order on Report and Recommendations,, Order on Appeal of Magistrate Judge Decision to District Court,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Stay, (Reply in Support of Discovery Order) by Defendant Federal Bureau of Prisons, The. (Prose, Susan) (Entered: 04/11/2017)

MINUTE ORDER. The Status Conference set for 6/5/2017 10:00 AM is VACATED to be reset, if necessary, after resolution of Plaintiff's response to the Court's March 28, 2017 Order, by Magistrate Judge Scott T. Varholak on 5/25/2017. Text Only Entry (stvlc1, ) (Entered: 05/25/2017)

ORDER DENIES 31 Motion to Dismiss and 34 Motion to Stay and ADOPTS 62 the R&R to the extent consistent with this Order and REJECTS defendant's 66 objections to the R&R. 71 Order is VACATED and the Clerk is instructed to STRIKE the same from the record. ORDERED by Judge Raymond P. Moore on 8/14/2017. (cthom, ) (Entered: 08/14/2017)

NOTICE of Entry of Appearance by Marcy Elizabeth Cook on behalf of Federal Bureau of Prisons, TheAttorney Marcy Elizabeth Cook added to party Federal Bureau of Prisons, The(pty:dft) (Cook, Marcy) (Entered: 08/18/2017)

MINUTE ORDER. Per the request of the parties, this matter is set for a Scheduling Conference on 9/08/2017 11:00 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties shall submit their joint proposed scheduling order on or before 9/06/2017. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/18/2017. Text Only Entry (stvlc1, ) (Entered: 08/18/2017)

Proposed Scheduling Order (Filed Jointly by Plaintiff and Defendant) by Plaintiff Prison Legal News. (Kiehl, Stephen) (Entered: 09/06/2017)

Unopposed MOTION for Leave to File an Answer to the Complaint Out of Time by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Prose, Susan) (Entered: 09/06/2017)

1 Exhibit 1

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2 Proposed Order (PDF Only)

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MEMORANDUM regarding 85 Unopposed MOTION for Leave to File an Answer to the Complaint Out of Time filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 9/6/2017. (Text Only Entry) (rmsec ) (Entered: 09/06/2017)

ORDER granting 85 Defendant's Motion Requesting Permission to File an Answer to the Complaint Out of Time. The Clerk of Court is directed to file Defendant's Answer to Complaint [#85-1]. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/06/2017. Text Only Entry (stvlc1, ) (Entered: 09/06/2017)

ANSWER to 1 Complaint, by Federal Bureau of Prisons, The.(jgonz, ) (Entered: 09/07/2017)

MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 9/8/2017. Discovery due by 4/9/2018. Dispositive Motions due by 5/14/2018. Final Pretrial Conference set for 7/9/2018 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. FTR: STV - C203. (morti, ) (Entered: 09/08/2017)

SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 9/8/17. (morti, ) (Entered: 09/08/2017)

NOTICE of Entry of Appearance by Masimba Maxwell Mutamba on behalf of Prison Legal NewsAttorney Masimba Maxwell Mutamba added to party Prison Legal News(pty:pla) (Mutamba, Masimba) (Entered: 09/22/2017)

NOTICE of Entry of Appearance by Terra White Fulham on behalf of Prison Legal NewsAttorney Terra White Fulham added to party Prison Legal News(pty:pla) (Fulham, Terra) (Entered: 12/13/2017)

NOTICE of Entry of Appearance by Alyson Rose Sandler on behalf of Prison Legal NewsAttorney Alyson Rose Sandler added to party Prison Legal News(pty:pla) (Sandler, Alyson) (Entered: 01/23/2018)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 93 Notice of Entry of Appearance filed by attorney Alyson Sandler. The document is incorrectly formatted, still having fillable form fields not converted to PDF. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (cthom, ) (Entered: 01/23/2018)

Joint MOTION to Amend/Correct/Modify 90 Scheduling Order by Defendant Federal Bureau of Prisons, The. (Attachments: # 1 Proposed Order (PDF Only))(Prose, Susan) (Entered: 02/02/2018)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 95 Joint MOTION to Amend/Correct/Modify 90 Scheduling Order filed by Federal Bureau of Prisons, The. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 2/2/2018. (Text Only Entry) (rmsec ) (Entered: 02/02/2018)

ORDER granting 95 Joint Motion to Amend the Scheduling Order to Extend Four Remaining Discovery Deadlines. The fact discovery deadline is extended until 3/09/2018. The deadline for the disclosure of affirmative experts is extended until 3/23/2018 and the deadline for the disclosure of rebuttal experts is extended until 4/06/2018. The discovery deadline is extended until 4/18/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/02/2018. Text Only Entry (stvlc1, ) (Entered: 02/02/2018)

NOTICE of Entry of Appearance by Clay C. Cook on behalf of Federal Bureau of Prisons, TheAttorney Clay C. Cook added to party Federal Bureau of Prisons, The(pty:dft) (Cook, Clay) (Entered: 02/26/2018)