Kunkelkoppeslawsuit

Case L:17-cv-0314L-KLM Document

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AO

2140

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Filed

L2l27lI7

USDC Colorado Page

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(Rev. 1709) Summons in a Civil Action

UNrrpo Sreres Drsrzucr Counr for the

District of Colorado Elisa Kunkel Plainti/l

Civil Action No. 17-cv-03141-KLM Office of the Clerk for Weld County and Carly Koppes Defendant

SUMMONS IN A CIVIL ACTION To:

lDefendant's name and address) Carly Koppes

Office of the Clerk for Weld County 1402 North 17th Ave. Greeley, CO 80631

A lawsuit has been filed against you.

Within

2l

days after service of this summons on you (not counting the day you received it)

-

or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney,

-

whose name and address

are:

Robert M. Liechty, Esq. ROBERT M LIECHW PC 5105 DTC Parkway, Suite 475 Greenwood Village, Colorado 80111 303-830-0500

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

12t27t2017

s/ R. Sams Signature of Clerk or Deputy Clerk

,

Case 1:17-cv-031-41-KLM Document

AO 440 (Rev.

l2l09)

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Filed 12127117 USDC Colorado Page 2 of 2

Summons in a Civil Action (Page 2)

Civil Action No. 17-cvPROOF OF SERVICE (This section should not be Jiled with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for

@ame of individual and

title, if any)

was received by me on (date)

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I personally served the summons on the individual at

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, a person of suitable age and discretion who resides there,

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I served the summons on

, and mailed a copy to the individual's last known address; or , who is

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I returned the summons unexecuted because

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Other (specifi):

My fees are $

for travel and

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;or

(date)

;or

for services, for

a

total

I declare under penalty of perjury that this information is true.

Date: Sertter's signature

Printed nome ond title

Seryer's address

Additional information regarding attempted service, etc:

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\JSt4

CIVIL COVER SHEET

(Rev. l2l07)

the civil docket sheet. (sEE TNSTRUCTToNS oN THE REVERSE oF THE FoRM.)

I. (a) PLAINTIFFS

DEFENDANTS Office of the Clerk for Weld Coung and Carly Koppes

Elisa Kunkel

(b)

County of Residence of First Listed

Plaintitr W€ld

County of Residence of First l-isted

(EXCEPT IN U.S. PLAINTIFF CASES)

Defendant Weld

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(C) Attomey's lFim Nme,

Attomeys (lf Knom)

Address, and Telephone Nmber)

Robert M. Liechty, Esq., Robert M Liechty PC, 5105 DTC Parkway, Suite

Unknown

4

BASIS O[' JURISDICTION OI

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CitizenofThisState

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120 Mrine 130 Miller Act 140 Negotiable lnstrmont 150 Recovery of Overpalment

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152 Recovery of Defaulted Student Lous

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153 Recovery of Overpaynent

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441 Voting 442 Employment 443 Houing/ Accommodatiom 444 Welfre 445 Amer. w/Disbilities -

230 Rent Lece & Ejectmont 240 Torts to Lild CI 245 Tort Product Liability

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290 All Other Real Property

510 MotioN to Vacate

Sentmce

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422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

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450 Commerce 460 Deportation 470 Racketeer Influenced md

850 710

Far Labor Standads

861 HrA (1395tr)

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862 Black Lmg (923) 863 DIWC/DIWw (40s(g)) 864 SSID TitIC XVI

720 Labor/Mgmt. Relations 730 Labor,Mgnrt.Reporting

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740 Railway Labor Act 790 Other Labor Litigation

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791 Empl. Ret. Inc.

870

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875 Customer Cha.llenge

l2 tjsc 34t0 890 Other Statutory Actions 891 Agriculfiral Acts 892 Economic Stabilization Act

Tues (U.S. Plainti

t93 Enviromental Mattss

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894 Energy Allocation Act 895 Freedom of lnfomation

871 IRS-Third Party 26 USC 7609

Act 9OOAppeal of Fee Detemination

Under Equal Acces 463 Habem Corpus -

to Justice

Alien Detainee

950 Constitutionality Stale Statutes

465 Other Imigration Actions

Remanded liom

5

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Secuity Act

550 Civil Rights 555 Prison Condition

m "X" in One Box Only)

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480 Consmer Credit 490 Cable/Sat TV 810 Selective Service

530 Gmeml 535 Death Penalq, 540 Mmdmu & Other

446 Ams. w/Disabilities Other 440 Other Civil Rights

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630 Liquor Laws 640 R.R. & Truck 650 Airline Regs.

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(For Divemity Cues Only)

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CITIZENSHIP OF PRINCIPAL

(ptace m "X" in one Box only)

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Transferred tiom another district

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Multidistrict Litigation

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theU.S.CivilStatuteunderwhichyouarefiling (Donotcitejurisdictionelstatutesunlessdiversity)

VI.

CAUSE OF ACTION Brief description

VII.

REQUESTED IN

COMPLAINT:

vilr.

RELATED CASE(S) t

F

ANy

DATE

1

of cause

CHECK IF THIS IS A CLASS ACTION UNDER F,R.C,P. 23 (see rnstructrons).

I)EMAND

CHECK YES only if demanded in complaint

S

JURYDf,MAND: dYes

JUDGE

DOCKET NUMBER

SIGNATURE OI.' ATI'ORNEY OF RECORI)

s/

1227t2017

Robert M. Liechty

FOR OFFICE USE ONLY RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

0No

JS

44Reveree (Rev t2/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING

CIVL COVER SHEET FOR]VI JS 44

Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofpleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference ofthe United States in September I 974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attomey filing a case should complete the form as follows:

I.

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiffand defendant. If the plaintiff or defendant is a government agency, use only Ifthe plaintiffor defendant is an official within a govemment agency, identi! first the agency and then the official, giving

the full name or standard abbreviations. both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiffcases, enter the name of the county where the first listed plaintiff resides at the time of filing. ln U.S. plaintiffcases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county ofresidence ofthe "defendant" is the location ofthe tract ofland involved.) (c) Attomeys. Enter the firm name, address, telephone number, and attomey of record. in this section "(see attachment)".

If there

are several attomeys, list them on an attachmenl noting

ll. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X' in one ofthe boxes. Ifthere is more than one basis ofjurisdictiorl precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiffor defendant code takes precedence, and box I or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit. select the most definitive.

V.

Origin.

Place an

Original Proceedings.

(l)

"X'

in one of the seven boxes.

Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date Transferred from Another litigation transfers.

as

the filing date.

District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict

Multidishict Litigation. (6) Check this box when amultidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal fiom a magistrate judge's decision.

VI.

CauseofAction, Reportthecivilstatutedirectlyrelatedtothecauseofactionandgiveabriefdescriptionofthecause.

Example: U.S. Civil Statule: 47 USC 553 '

unless diversitv.

VII.

Donotcitejurisdictionalstatutes

Brief Description: UiE[th6?iZ-ed reception of cable service

Requested in Complaint. Class Action. Place an

"X"

in this box if you are

filing

a class action under

Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not

VIII.

a

jury is being demanded.

Related Cases. This section ofthe JS 44 is used to reference related pending cases ifany. Ifthere are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 17-cv-_ ELISA KUNKEL, Plaintiff, VS.

OFFICE OF THE CLERK FOR WELD COUNTY, and CARLY KOPPES, Defendants.

COMPLAINT AND JURY DEMAND Plaintiff Elisa Kunkel, by her attorney Robert M. Liechty of Roeenr M LlEcHrY PC, brings her complaint as follows:

1.

Plaintiff Elisa Kunkel resides in Weld County. Defendant Office of the

Weld County Clerk is domiciled in Weld County and Carly Koppes, the County's Clerk and Recorder, also resides in Weld County. Venue is proper in this Court.

2.

This Court has jurisdiction over the matter because Mrs. Kunkel has

brought a federal claim under 42 USC S1983.

3.

The Office of the Clerk for Weld County is an elected office pursuant to

Colorado's Constitution, Article XlV, $8, and CRS 530-10-401 ef seg. At all times pertinent, Ms. Koppes was the elected Clerk and Recorder for Weld County.

4.

Mrs. Kunkel began working for Weld County in 2000 and eventually rose

to the level of a manager in the motor vehicle department in Greeley, Colorado.

5.

Ms. Koppes became the county clerk and recorder for Weld County in

January, 2015. She was then the supervisor over approximately 40 employees in three departments, the motor vehicle department, the election department, and the recording

department. As such, she was the final supervisor over Mrs. Kunkel.

6.

From January through November, 2015, there was no incident between

the two. However, on Friday, December 11,2015, there was an incident in which it was

claimed that Mrs. Kunkel had wrongly accused a trainer, Kari Weber, that the trainer had directed her trainee to water plants when there was a backup of customers to

which, in the public's eye, the trainee should have been attending. That evening, Mrs. Kunkel realized her mistake and retracted her comments regarding Ms. Weber. This minor incident expanded over the next few weeks, resulting in Ms. Koppes demoting Mrs. Kunkel on January 14,2016.

7.

Ms. Koppes demoted Mrs. Kunkel from a technician 4 position, a position

in management, to a technician 3 position, a non-management position which received lower pay.

8.

Mrs. Kunkel successfully appealed her demotion to the County

Commissioners and the demotion was reversed on May 4,2016, a reversal that had not occurred in approximately 30 years. She received her back pay and ostensibly was returned to her former position, but, out of spite, Ms. Koppes directed that Mrs. Kunkel

would continue doing the duties of a technician 3 position.

9.

On June 13,2016, Mrs. Kunkel's supervisor, Cindy Loftus, gave Mrs.

Kunkel a failing annual job evaluation. Previously, Ms. Loftus had given Mrs. Kunkel

2

only good annual evaluations. Ms. Loftus did thisatthe direction of Ms. Koppes (or to

please Ms. Koppes) to retaliate against Mrs. Kunkelfor her successful appeal.

10.

Weld County has an entity called the County Council. lt is comprised of

five unpaid council members who do such things as setting the salaries of elected county officials, filling vacancies on the board of county commissioners, and reviewing

conflicts of interests of county officers.

11.

On June 20, 2016, Mrs. Kunkel asked the County Council for an audit of

how Ms. Koppes was running her office because her office was providing poor service to the citizens ofthe county. ln the three years prior to Ms. Koppes becoming the clerk

and recorder, there had been no turnover of county employees in the department.

During the first year and one half of Ms. Koppes' tenure there was a turnover of 1 'l

employees, over 25% of the employees. As a result, service to the public was extremely slow and frustrating for the public and Mrs. Kunkel wanted an audit into Ms Koppes' performance to correct this problem.

12.

Mrs. Kunkel's requesl was on the front page of the local paper on the day

after Mrs. Kunkel made the request, and, on that day, June 21, 2016, Ms. Koppes directed that Mrs. Kunkelwould be moved from the office in Greeley, where she lived, to an office in Del Camino, 30 miles away. This was done to punish Mrs. Kunkel for requesting an audit that received such publicity.

'13.

On July 6, 2O16, the County Commissioners transferred Mrs. Kunkel to an

entry-level position in planning and zoning, to separate Mrs. Kunkelfrom Ms. Koppes, but which would allow Mrs. Kunkel to stay in Greeley. Mrs. Kunkel retained her prior

pay scale, bul, because this was an entry-level position, her ability to advance as she had been advancing before was adversely affected.

14.

The County Council granted Mrs. Kunkel's request to review the

performance of Ms. Koppes' office in January,2017.

15.

The performance review was contracted to Harvey M Rose Associates,

LLC, of San Francisco, California. lt issued its report on August 18,2017.

16.

Section 1 of the report's executive summary stated the following:

Persistent understaffing, the use of overtime, Iow employee morale, and high turnover rates have created a negative feedback loop in the l\rotor Vehicle Department of the Clerk and Recordefs Office. ... Comparisons with other Clerk and Recorder's Offlces in Colorado show that Weld County's Office is persistently understaffed and does not have key managerial positions found in other counties.

17

.

Section 2 of the executive summary slated the following:

Weld County's population has increased by 56 percent since 2000 and is pro.iected to grow even faster through 2030. These new residents have increased the workload of the Clerk and Recorder's Office, particularly in the Motor Vehicle Department, through increases in vehicle registrations, voting, and property transactions.

Wait times for typical motor vehicle transactions in the Greeley office average approximately 23 minules, often fruslrating the public. ... Compared to the nine peer counties in Colorado, all three Clerk and Recorder functions (Motor Vehicle, Recording, and Elections) are understaffed.

18.

This performance review confirmed Mrs. Kunkel's observation and justified

her request for the audit.

FIRST CLAIM FOR RELIEF

'19. concern

-

Mrs. Kunkel's request to the County Councilwas on a matter of public

poor service to the citizens of Weld County. This request for a performance

review was not part of Mrs. Kunkel's normal duties. The First Amendment prolects Mrs.

Kunkel's right to make such a request and Ms. Koppes' punishment of Mrs. Kunkel for making this request violated Mrs. Kunkel's first-amendment rights, for which Ms.

Koppes is liable to l\4rs. Kunkel under 42 USC 51983.

20.

As a result of this retaliation/punishment, Mrs. Kunkel suffers from

depression and anxiety disorder, for which she is entitled to recovery from Ms. Koppes.

Since April 4, 2017, Mrs. Kunkel has been on intermittent FMLA leave for anxiety

disorder and depression. ln addition, she is entitled to recover for her inconvenience and embarrassment of having to begin developing her working skills in the planning and zoning department at an entry-level position.

21.

ln addition, Ms. Koppe's actions were done with a reckless indifference lo

the righls of Mrs. Kunkel, subjecting lvls. Koppes to punitive damages.

22.

Mrs. Kunkel is entitled to her attorney's fees and costs necessary to

prosecute this claim.

SECONO CLAIM FOR RELIEF

23.

Ms. Koppes caused Ms. Loftus to give Ms. Kunkle a failing annualjob

evaluation on June 13,20'16. Ms. Koppes caused this to punish Mrs. Kunkelfor successfully appealing her demotion to the County Commissioners, as stated in fl 6 above.

24.

Such punishment constilutes retalialion against Mrs. Kunkelfor exercising

her constitutional right to due process. This violates 51983 and Mrs. Kunkel suffered

damages as set forth above in iJ20.

5

25.

ln addition, Ms. Koppe's actions were done with a reckless indifference to

the rights of Mrs. Kunkel, subjecting Ms. Koppes to punitive damages.

26.

Mrs. Kunkel is entitled to her attorney's fees and costs necessary to

prosecute this claim.

THIRD CLAIM FOR RELIEF

27.

Ms. Koppes knew of Mrs. Kunkel's contract with the County. She

intentionally caused the county to change her contract as stated in'lllT 7 and 12 above.

This interference with Mrs. Kunkel's contract was improper and has caused her damages.

28.

The intentional interference was improper because it was done in

retaliation for Mrs. Kunkel's efforts to expose the malfeasance in the County Clerk's

office. This interference was done willfully and wantonly.

29.

Mrs. Kunkel has been damaged as set forth in fl 20 above.

FOURTH CLAIM FOR RELIEF

30.

Colorado's Constitution, $24, states that "The people have the right . .. to

apply to those invested with the powers of government for redress of grievances, by

petition or remonstrance." lt is against Colorado's public policy to retaliate against people who exercise this right.

31.

Ms. Koppes retaliated against Mrs. Kunkel for exercising this right, a

wrongful retaliation in violation of Colorado's public policy. Because Ms. Koppe's retaliation was knowing and intentional, her actions were willful and wanton.

32.

Mrs. Kunkel has been damaged as set forth in fl 20 above.

6

WHEREFORE, plaintiff Elisa Kunkel respectfully requests that this Court grant judgment in her favor and for interest, costs, attorney's fees, and such other relief as this Court may deem proper.

Plaintiff requests trial to a jury.

Respectfully submitted this December 27, 2017.

By:

sl

Robert M. Liechtv Robert [4. Liechty RoBERT M LrEcH]-Y PC

5105 DTC Parkway, Suite 475 Greenwood Village, Colorado 80'11 Tel: (303) 830-0s00 Fax: (303) 860-7855 Email: rliechtv@crossliechtv.com ATTORNEY FOR PLAINTIFF Address of plaintiff: 5203 West 2nd St. Greeley. CO 80634

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Case L:17-cv-03141-KLM Document

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USDC Colorado Page l- of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No.

-cv-

Plaintiff(s),

Defendant(s).

CONSENT/NON-CONSENT TO THE EXERGISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE IN DIRECT ASSIGNMENT CASES

Under 28 U.S.C. S 636(c) and D.C.COLO.LCivR 40.1(c) - Assignment of Cases/Direct Assignment to Magistrate Judges, you are notified that this civil action has been randomly assigned to a full time United States magistrate judge of this district to conduct all proceedings in this civil action, including 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 to the reference under 28 U.S.C. g 636(c). 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.

Consent to magistrate judge jurisdiction is voluntary, and no adverse consequence shall result if consent is declined. lf 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.

You are directed to confer with all parties in this action and execute and file with the Court the attached Election Concerning ConsenVNon-Consent to United States Magistrate Judge Jurisdiction, indicating either the unanimous consent of the parties or that at least one party has declined to consent, at the earlier of (1) no later than seven days before the scheduling conference, if any; or (2) 45 days after the filing of the first response, other than an answer, to the operative complaint. All parties must either consent to the exercise of magistrate judge jurisdiction, or any party may decline to

Case 1:17-cv-03141-KLM Document

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Filed 72127117 USDC Colorado

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consent. ln either event, United States Maqistrate Judqe Jurisdiction is mandatorv, indicating either the unanimous consent of the parties or that at least one party has declined to consent. lf all parties consent to magistrate judge jurisdiction, the magistrate judge shall notify the Chief Judge or his/her designee, who shall determine whether to enter an order of reference under 28 U.S.C. S 636(c). lf an order of reference is entered, the magistrate judge shall conduct all proceedings and order the entry ofjudgment. The Chief Judge, or his/her designee, may sua sponte for good cause or on motion ofa party for extraordinary circumstances vacate the order of reference.

Any party added to the civil action after reference to a magistrate judge shall be notified by the clerk of the obligation to complete and file the mandatory Consent/Non-Consent Form. lf any added party does not consent to magistrate judge jurisdiction within 21 days from the date of the notice, the civil action shall be assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case as if consent had been declined initially. lf consent to magistrate judge jurisdiction is declined by any party, no order of reference is entered or the order of reference is vacated, the civil action shall be assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case as if consent had been declined initially.

A case assigned directly to a magistrate judge in which there is consenl may be assigned randomly to another magistrate judge to conduct an early neutral evaluation or other alternative dispute resolution proceeding under D.C.COLO.LCivR '16.6. lf after direct assignment, a magistratejudge recuses and the action is assigned to another magistrate judge, each party shall complete an Election Concerning ConsenVNon-Consent to United States Magistrate Judge Jurisdiction no later than (a) 21 days afrer assignmenl to the successor magistrate judgei or (b) the deadlines imposed in the third paragraph of this form, whichever is later.

Case 1:17-cv-03141-KLM Document

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Filed 12127177 USDC Colorado Page 3 ot 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action

No.

-cv-

Plaintiff(s),

Defendant(s).

ELECTION CONCERNING CONSENT/NON.CONSENT TO UNITED STATES MAGISTRATE JUDGE JURISDICTION

Under 28 U.S.C. S 636(c) and

(1)

D.C.COLO.LCivR 40.1(c) (Assignment of Cases/Direct Assignment to Magistrate Judges);

or

(2)

Fed. R. Civ. P. 73 and D.C.COLO.LCivR 72.2 (Consent Jurisdiction of a Magistrate Judge);

or

(3)

D.C.COLO.LAPR 72.2 (Consent Jurisdiction of a Magistrate Judge).

CHECK ONE

L-l

all parties in this civil action CONSENT to have a United States judge magistrate conduct all proceedings in this civil action, including trial, and to order the entry of a final judgment; OR

Ll

at least one party in this civil action DOES NOT CONSENT to have a Un'ted States rnagistrate judge ionduct all proceedings in this civil action, including trial, and to order the entry of a final judgment.

Case 1:17-cv-03141-KLM Document

Signatures

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Filed 121271t7 USDC Colorado Page 4 of 4

Party Represented

Date

Print name

Print name

NOTE:

You are directed to confer with all parties in this action and execute and file with the Court this Election Concerning ConsenUNon-Consent to United States Magistrate Judge Jurisdiction, indicating either the unanimous consent ofthe parties or that at least one party has declined to consent, at the earlier of (1) no later than seven days before the scheduling conference, if any; or (2) 45 days after the filing of the first response, other than an answer, to the operative complaint. All parties must either consent to the exercise of magistrate judge jurisdiction, or any party may decline to consent. ln either event, filinq of the Election Concerninq ConsenUNon-Consent to United States Maqistrate Judqe Jurisdiction is mandatory, indicating either the unanimous consent of the parties or that at least one party has declined to consent.