Case: Williams v. Denver

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 06/25/1999)

FILING FEE PAID on 6/24/99 in the amount of $ 150.00, receipt # 206864. (former empl) (Entered: 06/25/1999)

RETURN OF SERVICE of Summons and Complaint upon / by Wellington Webb for defendant Denver, Cty &Cty of on 6/25/99 by leaving with Jeanette Arkadie, personally (former empl) (Entered: 07/02/1999)

RETURN OF SERVICE of Summons and Complaint upon / by defendant Denver, Cty &Cty of on 6/25/99 leaving with Dian Osness, personally as Receptionist for Dan Muse, City Atty (former empl) (Entered: 07/02/1999)

Ex Parte MOTION by defendant Denver, Cty &Cty of to extend time to answer to 8/4/99 and certificate of compliance (lam) (Entered: 07/15/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to extend time to answer to 8/4/99 [4−1] (cc: all counsel) ; entry date : 7/16/99 (lam) (Entered: 07/16/1999)

AMENDED MOTION by defendant Denver, Cty &Cty of to extend time to answer to 8/4/99 regarding motion to extend time to answer to 8/4/99 [4−1] (lam) (Entered: 07/16/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting City &Cnty of Denver amended motion to extend time to answer to 8/4/99 [6−1] (cc: all counsel) ; entry date : 7/19/99 (lam) (Entered: 07/19/1999)

Certificate of Service (Compliance) by plaintiff Kevin Williams re: ntc of availability of US Mag Judge to exercise jurisdiction (lam) (Entered: 07/20/1999)

MOTION by defendant Denver, Cty &Cty of to dismiss or in the alternative for sum jgm and to strike portions of pla's claim for relief (lam) (Entered: 08/06/1999)

MOTION by plaintiff Kevin Williams to file amended complaint (lam) (Entered: 08/06/1999)

Tendered amended complaint submitted by plaintiff Kevin Williams re: motion to file amended complaint [10−1] (lam) (Entered: 08/06/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to file amended complaint [10−1] (cc: all counsel) ; entry date : 8/11/99 (lam) (Entered: 08/11/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel regarding [9−1] motion to dismiss or in the alternative for sum jgm and to strike portions of pla's claim for relief, response ddl within 20 days of this order, reply ddl with 11 days of the response is served (cc: all counsel) ; entry date : 8/16/99 (lam) (Entered: 08/16/1999)

AMENDED MOTION by defendant Denver, Cty &Cty of to dismiss amended cmp or for sum jgm &to strike portions of pla's amd claim for relief regarding motion to dismiss or in the alternative for sum jgm and to strike portions of pla's claim for relief [9−1] (lam) (Entered: 08/20/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel setting hearing on motion to dismiss amended cmp or for sum jgm &to strike portions of pla's amd claim for relief [14−1] 4:30 11/12/99 response due within l5 days (cc: all counsel) ; entry date : 8/25/99 (former empl) (Entered: 08/25/1999)

MOTION by plaintiff Kevin Williams to extend time to respnd to mtns to 9/l6/99 (former empl) (Entered: 09/08/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to extend time to respnd to mtns to 9/l6/99 [16−1] (cc: all counsel) ; entry date : 9/8/99 (former empl) (Entered: 09/08/1999)

MOTION by plaintiff Kevin Williams to file second amended complaint (former empl) (Entered: 09/17/1999)

Tendered second amended complaint submitted by plaintiff Kevin Williams motion to file second amended complaint [18−1] (former empl) (Entered: 09/17/1999)

MOTION by plaintiff Kevin Williams to exceed page limitation (former empl) (Entered: 09/17/1999)

Tendered memo in opposition to amended mtn to dismiss etc submitted by plaintiff Kevin Williams motion to exceed page limitation [19−1] (former empl) (Entered: 09/17/1999)

Tendered bound appendix submitted by plaintiff Kevin Williams document tendered [0−0], motion to exceed page limitation [19−1] (former empl) (Entered: 09/17/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to file second amended complaint [18−1] (cc: all counsel) ; entry date : 9/24/99 (former empl) (Entered: 09/24/1999)

SECOND AMENDED COMPLAINT [13−1] by plaintiff Kevin Williams; jury demand; adding Michael Reichert (former empl) (Entered: 09/24/1999)

AMENDED Unopposed MOTION by plaintiff Kevin Williams to exceed page limitation on length of briefs in pla's memo in opp to dft's amended mtn to dismiss, for sum jgm &to strike portions of pla's amd cmp or in the alternative for lv to resubmi a revised responsive brief re [19−1] (lam) (Entered: 09/28/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to exceed page limitation on length of briefs [22−1] (cc: all counsel) ; entry date : 9/30/99 (former empl) (Entered: 09/30/1999)

MOTION by defendant Denver, Cty &Cty of to exceed page limitation on mtns to dismiss or sum jgm in 2nd amd mtn to dismiss or sum jgm (lam) (Entered: 10/08/1999)

Tendered second amended mtn to dismiss submitted by defendant Denver, Cty &Cty of re motion to exceed page limitation on mtns to dismiss or sum jgm in 2nd amd mtn to dismiss or sum jgm [24−1] (lam) (Entered: 10/08/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting motion to exceed page limitation on mtns to dismiss or sum jgm in 2nd amd mtn to dismiss or sum jgm [24−1] (cc: all counsel) ; entry date : 10/8/99 (lam) (Entered: 10/08/1999)

RETURN OF SERVICE of Summons and Complaint upon / by defendant Michael Reichert on 10/6/99 (lam) (Entered: 10/19/1999)

Unopposed MOTION by plaintiff Kevin Williams to exceed page limitation on lenght of briefs in pla's memo in opp to dft City &Cnty of Denver's 2nd amd mtn to dismiss, for sum jgm &to strike portions of pla's 2nd amd cmp (lam) (Entered: 10/27/1999)

Tendered memo in opp to dft City &Cnty of Denver's 2nd amd mtn to dism, for sum jgm &to portions of pla's second amd cmp submitted by plaintiff Kevin Williams re: motion to exceed page limitation [28−1] (lam) (Entered: 10/27/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting pltf's unopposed motion to exceed page limitation [28−1] (cc: all counsel) ; entry date : 10/29/99 (gms) (Entered: 10/29/1999)

Memorandum (BRIEF) by plaintiff in opposition to 2nd amd motion to dismiss pla's 2nd amd cmp or for sum jgm &to strike [26−1] (gms) (Entered: 10/29/1999)

REPLY by defendant Denver, Cty &Cty of to response to second amended motion to dismiss pla's 2nd amd cmp or for sum jgm &to strike [26−1] (lam) (Entered: 11/09/1999)

MOTION by plaintiff Kevin Williams for leave to file declaration of Reichert in opp to dft City &Cnty of Denver's second amended mtn to dismiss or for sum jgm (lam) (Entered: 11/10/1999)

Tendered declaration of Reichert submitted by defendant Denver, Cty &Cty of re: motion for leave to file declaration of Reichert [32−1] (lam) (Entered: 11/10/1999)

Second DECLARATION of Amy F. Robertson (lam) (Entered: 11/15/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel regarding [32−1] motion for leave to file declaration of Reichert, response ddl w/in 10 days of this order (cc: all counsel) ; entry date : 11/16/99 (lam) (Entered: 11/16/1999)

Request MOTION by defendant Denver, Cty &Cty of for leave to respond to mtn for lv to file declaration fo Reichert, by filing attached 3rd affidavit of Luetzen &an affidavit of Searles (lam) (Entered: 11/16/1999)

COURTROOM MINUTES (Hearing on Pending Motion) by Judge Wiley Y. Daniel: denying in part and denied as moot in part dfts' motion to dismiss pla's 2nd amd cmp or for sum jgm &to strike , the motion to strike is denied as moot and the motion to dismiss or for summary judgment is denied [26−1]; dfts shall file an answer to pla's second amd cmp w/in 10 days ; rule 16 conference set for 8:30 12/15/99 ; for ddl 11/19/99 ; entry date : 11/16/99 Court Reporter: Paul Zuckerman (lam) (Entered: 11/16/1999)

ORDER FOR RULE 16 CONFERENCE by Judge Wiley Y. Daniel ; Rule 16 conference set for 8:30 12/15/99 (cc: all counsel) (lam) (Entered: 11/18/1999)

TRANSCRIPT of Hearing on Motions on 11/12/99 before Judge Daniel ( pages: 1−18) Prepared By: Paul Zuckerman (certified copy) (gms) (Entered: 11/19/1999)

Submission of Draft Order (NOTICE) by plaintiff Kevin Williams (former empl) (Entered: 11/19/1999)

ANSWER to 2nd amd complaint [21−1] AND THIRD PARTY COMPLAINT by defendant Denver, Cty &Cty of; adding third−party defendant Staffpro Security (gms) (Entered: 11/23/1999)

ORDER by Judge Wiley Y. Daniel Refusing deft's motion for leave to respond to mtn for lv to file declaration fo Reichert, by filing attached 3rd affidavit of Luetzen &an affidavit of Searles [35−1], denying deft's motion to dismiss amended cmp or for sum jgm &to strike portions of pla's amd claim for relief [14−1]. Answer is due w/in 10 days from 11/12/99 hrg. (cc: all counsel) ; entry date : 11/23/99 (gms) (Entered: 11/23/1999)

AMENDED THIRD−PARTY COMPLAINT [40−2] by third−party plaintiff Denver, Cty &Cty of; terminating third−party defendant Staffpro Security; adding third−party defendant Staff Pro, Inc. (gms) (Entered: 11/24/1999)

CERTIFICATE by defendant Denver, Cty &Cty of mailing of answer to 2nd amd cmp &3rd party cmp on 11/22/99 (gms) (Entered: 11/24/1999)

Joint NOTICE by plaintiff Kevin Williams, defendant Denver, Cty &Cty of re: scheduling issues re: deft's assertion of 3rd party claims against Staffpro, Inc. (gms) (Entered: 12/06/1999)

ATTORNEY APPEARANCE for third−party defendant Staff Pro, Inc. by Edwin R. Smalley (gms) (Entered: 12/14/1999)

Combined MOTION by third−party defendant Staff Pro, Inc. to vacate sched conf of 12/15/99 and to extend time within which to file responsive pleading to 12/23/99 (gms) (Entered: 12/14/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting in part and denying in part 3rd pty deft's motion to vacate sched conf of 12/15/99 and to extend time within which to file responsive pleading to 12/23/99 [46−1]. 3rd pty deft has to 12/23/99 to file responsive pleadings, but request to vacate 12/15/99 sched conf is denied. (cc: all counsel) ; entry date : 12/14/99 (gms) (Entered: 12/14/1999)

COURTROOM MINUTES by Judge Wiley Y. Daniel ; rule 16 conf held on 12/15/99 . Sched order due 1/14/00 ; entry date : 12/15/99 Court Reporter: Kara Spitler (gms) (Entered: 12/15/1999)

MOTION by plaintiff Kevin Williams to file third amended complaint and certificate of compliance (lam) (Entered: 12/21/1999)

Tendered third amended cmp submitted by plaintiff Kevin Williams re: motion to file third amended complaint [49−1] (lam) (Entered: 12/21/1999)

ANSWER by third−party defendant Staff Pro, Inc. to amended third−party complaint [42−1]; jury demand (former empl) (Entered: 12/23/1999)

Request MOTION by defendant Denver, Cty &Cty of for leave to file response to pla's mtn for lv to file 3rd amd cmp (lam) (Entered: 12/27/1999)

RESPONSE by defendant Denver, Cty &Cty of to motion to file third amended complaint [49−1] (lam) (Entered: 12/29/1999)

MINUTE ORDER : by Judge Wiley Y. Daniel granting motion for leave to file response to pla's mtn for lv to file 3rd amd cmp [51−1] (cc: all counsel) ; entry date : 12/30/99 (lam) (Entered: 12/30/1999)

MOTION by plaintiff Kevin Williams for leave to file reply brief in support of mtn for lv to file 3rd amd cmp and certificate of compliance (lam) (Entered: 01/07/2000)

Tendered reply brief submitted by plaintiff Kevin Williams re: motion for leave to file reply brief in support of mtn for lv to file 3rd amd cmp [54−1] (lam) (Entered: 01/07/2000)

STATEMENT for docketing purposes: document 55 an order setting scheduling conf with Magis Judge OES was deleted; the order actually belongs in 99−D−1482 issued 1/5/00−a scheduling conference was held 12/15/99 by Judge Daniel in this case and as of 1/5/00 was not referred to a magis judge (former empl) (Entered: 01/19/2000)

MINUTE ORDER : by Judge Wiley Y. Daniel. Deft to respond w/in 10 days to pltf's [49−1] motion to file third amended complaint (cc: all counsel) ; entry date : 1/10/00 (gms) (Entered: 01/10/2000)

REPLY Brief by plaintiff to response to motion to file third amended complaint [49−1] (gms) (Entered: 01/10/2000)

SCHEDULING ORDER Judge Wiley Y. Daniel ; Discovery cutoff 9/1/00 ;dispositive motions due 11/1/00 (cc: all counsel) (lam) (Entered: 02/02/2000)

ORDER stat stlmt pt pto Case referred to Magistrate Judge O. E. Schlatter by Judge Wiley Y. Daniel (cc: to counsel) (lam) (Entered: 02/04/2000)

TRANSCRIPT of Scheduling Conf on 12/15/99 before Judge Daniel ( pages: 1−16) Prepared By: Kara Spitler (certified copy) (lam) (Entered: 02/07/2000)

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 10:30 6/6/00 ; pretrial conf set for 9:30 10/23/00 (cc: all counsel) ; entry date : 2/11/00 (lam) (Entered: 02/11/2000)

NOTICE of Change of Address of Fox &Robertson, P.C. by plaintiff Kevin Williams (lam) (Entered: 02/11/2000)

NOTICE OF DISMISSAL purs to FRCP 41(a) as to party Michael Reichert with prejudice ; entry date : 3/3/00 (lam) (Entered: 03/03/2000)

Stipulated MOTION by plaintiff Kevin Williams, defendant Denver, Cty &Cty of for protective order (lam) (Entered: 03/10/2000)

MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge O. E. Schlatter the motion for protective order [65−1] (lam) (Entered: 03/13/2000)

Stipulated PROTECTIVE ORDER by Magistrate Judge O. E. Schlatter : re: [65−1] (cc: all counsel) (lam) (Entered: 03/13/2000)

NOTICE of Change of Telephone Numbers of Norman R. Bangeman, Assistant City Attoreny by defendant Denver, Cty &Cty of (lam) (Entered: 04/18/2000)

ATTORNEY APPEARANCE for plaintiff Kevin Williams by Michael Wayne Breeskin (lam) (Entered: 04/20/2000)

Stipulated MOTION by plaintiff, defendant for order for suspension of scheduling order (gms) (Entered: 06/22/2000)

MEMORANDUM by Judge Wiley Y. Daniel referring to Magistrate Judge O. E. Schlatter the motion for order for suspension of scheduling order [70−1] (gms) (Entered: 06/23/2000)

ORDER signed 6/27/00 by Magistrate Judge O. E. Schlatter granting motion for order for suspension of scheduling order [70−1], suspending (terminating) schedule order [59−1] (cc: all counsel) ; entry date : 6/28/00 (former empl) (Entered: 06/28/2000)

Stipulated MOTION by defendant Denver, Cty &Cty of, third−party defendant Staff Pro, Inc. to dismiss 3rdptycmp against Staff Pro, Inc. (lam) (Entered: 07/11/2000)

ORDER by Judge Wiley Y. Daniel regarding [73−1]; that third party complaint is dismissed with prejudice, each party to bear own costs, dismissing party Staff Pro, Inc., party Denver, Cty &Cty of (cc: all counsel) ; entry date : 7/17/00 (lam) (Entered: 07/17/2000)

ORDER by Judge Wiley Y. Daniel granting motion to file third amended complaint [49−1] (cc: all counsel) ; entry date : 8/25/00 (lam) (Entered: 08/25/2000)

Third AMENDED COMPLAINT [21−1] by plaintiff Kevin Williams; adding plaintiff Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler (lam) (Entered: 08/25/2000)

MINUTE ORDER : by Judge Wiley Y. Daniel granting stipulated motion to extend time to answer or respond to plas' 3rd amd cmp to 11/22/00 [77−1] (cc: all counsel) ; entry date : 9/6/00 (lam) (Entered: 09/06/2000)

Joint REQUEST by Kevin Williams, Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler, Denver, Cty &Cty of for Approval of Consent Decree (gms) (Entered: 10/19/2000)

CONSENT DECREE by Judge Wiley Y. Daniel: that this Consent Decree is entered into by and between the dft City and County of Denver and plas Kevin Williams, Carie Ann Lucas, Kyle Stubbs and Roanne Kuenzlerk; this Decree and all exhibits are binding on all successors and assigns of the City as to Red Rocks Amphitheatre; that except as otherwise set forth in this Consent Decree, the term of this Consent Decree shall be until 12/31/04; Please see Consent Decree regarding further information as to the wheelchair−accessible shuttle buses at Red Rocks...the accessible and van accessible parking spaces...drop−off system..policies, procedures &training...information &advertising...confidentiality &publicity...verification and monitoring...data gathering...review...liquidated damages..dispute resolution....w/in 60 days of approval of this Consent Decree, the City agrees to pay to plas' reasonable atty fees in the amount of $50,000...attorneys' fees and costs after the final approval..releases...terms of exhibits...entire agreement...communications to plas and the City...modification...serverability..execution in counterparts... and duty to support and defend decree ( dismissing case ) (cc: all counsel) ; entry date : 10/6/00 (lam) (Entered: 10/06/2000)

MINUTE ORDER : by Judge Wiley Y. Daniel that the jt req for approval of consent decree is granted (cc: all counsel) entry date : 10/10/00 (lam) (Entered: 10/10/2000)

NOTICE by defendant Denver, Cty &Cty of re: notice of submission of Amended Consent Decree [102−1] (erv) (Entered: 03/03/2004)

Unopposed MOTION by Plas' to dismiss all claims of Pla Kevin C. Williams (erv) (Entered: 05/20/2003)

ATTORNEY APPEARANCE for Dfts Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler by Kevin W. Williams (erv) (Entered: 05/20/2003)

ORDER by Judge Wiley Y. Daniel granting motion to dismiss all claims of Pla Kevin C. Williams without prejudice [82−1] dismissing party Kevin Williams each party to pay their own costs and atty fees (cc: all counsel) ; entry date : 5/22/03 (erv) (Entered: 05/22/2003)

MOTION by Pla's Kevin Williams, Carrie Ann Lucas, Kyle Stubbs, Roanne Kuenzler for order for Resolution of Dispute (ATTACHMENTS Placed in OVERSIZED Exh) (erv) (Entered: 08/29/2003)

MOTION by defendant Denver, Cty &Cty of requesting the court to clarify basis for calculation of liquidated damages in Consent Decree, to resolve ongoing disputes between the parties purs to Section 16.3 of the Consent Decree and to approve a proposed Amd Consent Decree [79−2] (lam) (Entered: 09/02/2003)

MINUTE ORDER : by Judge Wiley Y. Daniel regarding Pla's [85−1] motion for order for Resolution of Dispute; Dft shall respond by 9/22/03 [86−1] regarding Dfts motion requesting the court to clarify basis for calculation of liquidated damages in Consent Decree, to resolve ongoing disputes between the parties purs to Section 16.3 of the Consent Decree and to approve a proposed Amd Consent Decree [79−2]; Plas shall respond by 9/22/03 (cc: all counsel) ; entry date : 9/8/03 (erv) (Entered: 09/08/2003)

NOTICE of Proposed Amended Consent Decree by defendant Denver, Cty &Cty of pursuant to 8/29/03 motion the court to clarify basis for calculation of liquidated damages in Consent Decree, to resolve ongoing disputes between the parties purs to Section 16.3 of the Consent Decree and to approve a proposed Amd Consent

EXHIBITS by defendant Denver, Cty &Cty of to motion response [89−1] (VIDEO TAPE placed in a manila envelope and put with the exhibit) (erv) (Entered: 09/24/2003)

Amended RESPONSE by defendant Denver, Cty &Cty of to motion for order for Resolution of Dispute [85−1] (erv) (Entered: 09/26/2003)

EXHIBITS Video Tape by defendant Denver, Cty &Cty of to Amended motion response [91−1] (Placed in Oversized Exhibit (erv) (Entered: 09/26/2003)

MOTION by Plas' to extend time to Reply to Dft City and County of Denver's Amended Response to Plas' Motion for Resolution of Dispute to and incl 10/13/03 (erv) (Entered: 10/10/2003)

MINUTE ORDER : by Judge Wiley Y. Daniel granting Pla's motion to extend time to Reply to Dft City and County of Denver's Amended Response to Plas' Motion for Resolution of Dispute to and incl 10/13/03 [93−1] (cc: all counsel) ; entry date : 10/14/03 (erv) (Entered: 10/14/2003)