Order | Filed: October 05, 2026
| Entered: October 05, 2026
Nakagaki v. Valley View Hospital
Civil Rights: Jobs | Colorado
Order
ORDER REQUESTING ADDITIONAL INFORMATION by Magistrate Judge Susan Prose on October 5, 2026. Before the court is Plaintiff Brittany Nakagaki's 56 Objection to Order Denying Motion for Extension of Time to File Sur-reply, Motion for Reconsideration, and Notice to Preserve the Record (the "Motion").
Plaintiff first attempted to file an 81-page sur-reply (ECF No. 37 ) to Defendant's pending 22 Motion to Dismiss on February 17, 2026, more than four months after Defendant filed its 24 Reply. In a subsequent Motion for Leave to File Sur-reply (ECF No. 41 ), Plaintiff attributed her late filing of the sur-reply to excusable neglect stemming from "Medical reasons" and a "car accident." ECF No. 41 at 2. On July 1, 2026, the court denied Plaintiff's 41 Motion for Leave, noting that Plaintiff still had not filed a sur-reply that complied with the court's 15-page limit, and it gave Plaintiff a hard deadline to file a compliant sur-reply. ECF No. 52 . Plaintiff missed this deadline and sought another extension, ECF No. 54 , which the court denied, ECF No. 55 . In her present Motion, Plaintiff claims that an extension was warranted because she "was involved in a motor vehicle accident requiring medical treatment." ECF No. 56 at 2. Accordingly, she seeks reconsideration of this court's previous Order (ECF No. 55 ), dated July 24, 2026, in which it denied Plaintiff an extension of time to file her sur-reply.
To date, Plaintiff has not provided the court with any details of this vehicle accident. Without any such documentation, the court is unable to determine whether reconsideration of its previous Order is warranted. Accordingly, Plaintiff is hereby ORDERED to provide the court with the following information on or before October 19, 2026: (1) the date of the vehicle accident and (2) a copy of the police report from the vehicle accident. Failure to provide this information may result in the court denying reconsideration of its previous Order.
For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. In light of the deadline set forth in this order, as a one-time courtesy, the Clerk's Office is requested to provide a copy of this order to Plaintiff at each of the email addresses noted in her 56 Motion and 57 Notice of Change of Address. Plaintiff is advised that a new court offering provides that a pro se party to a civil case may now elect to receive Notices of Electronic Filing ("NEFs") by email instead of by U.S. Mail, regardless of whether the party has a PACER account, by filling out the Pro Se Consent to Receive Notices of Electronic Filing form, located on the courts website. Text Only Entry. (spblc11)