Case: Mandy R. v. Owens

R. v. Owens

R. v. Owens

U.S. Court of Appeals for the Tenth Circuit

R. v. Owens

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT FOR DECLARATORY, INJUNCTIVE AND CLASS RELIEF (Summons(es) issued) (former empl) (Entered: 08/15/2000)

FILING FEE PAID: on 8/14/00 in the amount of $ 150.00, receipt # 218675. (former empl)

Agreed to MOTION by plaintiffs to proceed by pseudonyms with supporting authorities (former empl) (Entered: 08/15/2000)

MOTION by plaintiffs for class certification (former empl) (Entered: 08/15/2000)

Memorandum (BRIEF) by plaintiffs in support of motion for class certification [3-1] (former empl) (Entered: 08/15/2000)

MOTION by plaintiffs for preliminary injunction (former empl) (Entered: 08/15/2000)

Memorandum of Law (BRIEF) by plaintiffs in support of pltfs' motion for preliminary injunction [5-1] (former empl) (Entered: 08/15/2000)

RETURN OF SERVICE of Summons and Complaint upon defendant Bill Owens, defendant Bill (I) Owens on 8/14/00 by leaving with Mara Warren, agent (lam) Modified on 08/29/2000 (Entered: 08/29/2000)

RETURN OF SERVICE of Summons and Complaint upon defendant Bill (I) Owens, defendant Marva Hammons on 8/14/00 by leaving with Nancy Fritchell, agent (lam) (Entered: 08/29/2000)

RETURN OF SERVICE of Summons and Complaint upon defendant CO Dept Human Svcs on 8/14/00 by leaving with Nancy Fritchell, agent (lam) (Entered: 08/29/2000)

RETURN OF SERVICE of Summons and Complaint upon defendant James T. Rizzuto, defendant James (I) T. Rizzuto on 8/14/00 by leaving with Diane Rodriquez, agent (lam) (Entered: 08/29/2000)

RETURN OF SERVICE of Summons and Complaint upon defendant CO Dept Health Fin on 8/14/00 by leaving with Diane Rodriquez, agent (lam) (Entered: 08/29/2000)

RETURN OF SERVICE by plaintiffs of summons and complaint upon Ken Salazar, Attorney General Denver, CO on 8/14/00 by leaving with Debbie Falkner, agent (lam) (Entered: 08/29/2000)

MOTION by defendants to extend time through 9/25/00 to file a response to cmp (lam) (Entered: 09/01/2000)

MINUTE ORDER : by Judge Richard P. Matsch granting motion to extend time through 9/25/00 to file a response to cmp [13-1] (cc: all counsel) ; entry date : 9/6/00 (lam) (Entered: 09/06/2000)

ERRATA by representative plaintiffs re: motion for preliminary injunction [5-1], [6-1], re: complaint [1-1] and re: memorandum in support of class certification [3-1] (lam) (Entered: 09/06/2000)

MOTION by defendants to extend time to respond to complaint to 9/29/00 (former empl) (Entered: 09/25/2000)

MINUTE ORDER : by Judge Richard P. Matsch granting dfts' motion to extend time to respond to complaint to 9/29/00 [16-1] (cc: all counsel) ; entry date : 9/26/00 (lam) (Entered: 09/26/2000)

ANSWER by dfts Bill (I) Owens, Marva Hammons, Marva (I) Hammons, James T. Rizzuto, James (I) T. Rizzuto, CO Dept Human Svcs, CO Dept Health Fin to complaint for declaratory, injunctive and class relief [1-1] (lam) (Entered: 10/02/2000)

MOTION by defendants to dismiss first claim for relief (lam) (Entered: 10/02/2000)

BRIEF by defendants in support of motion to dismiss first claim for relief [19-1] (lam) (Entered: 10/02/2000)

ORDER by Judge Richard P. Matsch regarding [19-1] motion to dismiss first claim for relief, response ddl 10/25/00 (cc: all counsel) ; entry date : 10/3/00 (lam) (Entered: 10/03/2000)

MOTION by Colorado Association of Community Centered Boards to intervene as a party plaintiff (lam) (Entered: 10/16/2000)

Certificate of Compliance by applicant CO Assn Com Cen Brd re: motion to intervene as a party plaintiff [22-1] (lam) (Entered: 10/16/2000)

BRIEF by CO Association of Community Centered Boards in support of motion to intervene as a party plaintiff [22-1] (lam) (Entered: 10/16/2000)

ORDER by Judge Richard P. Matsch regarding [22-1] motion to intervene as a party plaintiff, response ddl 11/3/00 (cc: all counsel) ; entry date : 10/17/00 (lam) Modified on 01/24/2002 (Entered: 10/17/2000)

MOTION by plaintiffs to extend time to 11/1/00 to respond to dfts' mtn to dismiss (lam) (Entered: 10/26/2000)

MINUTE ORDER : by Judge Richard P. Matsch granting motion to extend time to 11/1/00 to respond to dfts' mtn to dismiss [26-1] regarding [19-1] (cc: all counsel) ; entry date : 10/27/00 (lam) (Entered: 10/27/2000)

BRIEF by plaintiffs in opposition to motion to dismiss first claim for relief [19-1] (lam) (Entered: 10/30/2000)

MOTION by defendants to extend time to 11/17/00 to respond to the motion to intervene by the Colo Assn of Community Certered Boards (lam) Modified on 06/04/2001 (Entered: 11/02/2000)

MOTION by proposed intervenor CO Assn Com Cen Brd to file amicus brief pending ruling on motion to intervene (lam) (Entered: 11/02/2000)

Certificate of Compliance by proposed intervenor CO Assn Com Cen Brd re: motion to file amicus brief pending ruling on motion to intervene [30-1] (lam) (Entered: 11/02/2000)

Tendered Brief Amicus Curiae in opp to dfts' mtn to dismiss 1st claim submitted by amicus CO Assn Com Cen Brd re: motion to file amicus brief pending ruling on motion to intervene [30-1] (lam)

BRIEF by plaintiffs in opposition to motion to intervene as party plaintiff [22-1] by CACCB (lam) (Entered: 11/06/2000)

ATTORNEY APPEARANCE for plaintiffs by William P. Bethke (lam) (Entered: 11/06/2000)

BRIEF by defendants in opposition to motion to intervene as party plaintiff [22-1] (lam) (Entered: 11/20/2000)

MOTION by applicant for intervention CO Assn Com Cen Brd for leave to file reply in support of their motion to intervene (gms) (Entered: 11/22/2000)

Tendered Reply to Pla & Dft's Opposition to Motion to Intervene submitted by applicant for intervention CO Assn Com Cen Brd re: motion for leave to file reply in support of their motion to intervene [35-1] (gms)

Certificate of Compliance by applicant for intervention CO Assn Com Cen Brd re: motion for leave to file reply in support of their motion to intervene [35-1] (gms) (Entered: 11/22/2000)

MOTION by proposed intervenor-plaintiff CO Assn Com Cen Brd to amend complaint in intervention [22-1] pending resolution of CACCD's mtn to intervene (lam) (Entered: 12/06/2000)

Tendered amended cmp in intervention submitted by propopsed intervenor-plaintiff CO Assn Com Cen Brd re: motion to amend complaint in intervention [22-1] [37-1] (lam)

Certificate of Compliance by proposed intervenor-plaintiff CO Assn Com Cen Brd re: motion to amend complaint in intervention [22-1] [37-1] (lam) (Entered: 12/06/2000)

MOTION by representative plaintiffs for court to consider suppl exhibit and related authorities in support of plas' brief in opp to mtn to dismiss first claim (lam) (Entered: 01/25/2001)

Opposition (RESPONSE) by defendants to motion for court to consider suppl exhibit and related authorities in support of plas' brief in opp to mtn to dismiss first claim [39-1] (lam) (Entered: 01/26/2001)

Stipulated Rule 26 (f) Report and MOTION by plaintiffs, defendants for scheduling conf and order (lam) (Entered: 01/26/2001)

MOTION by plaintiffs to compel & for sanctions (lam) (Entered: 02/06/2001)

Second MOTION by plaintiffs for Court to consider suppl exhibits in support of brf in opp to mtn to dismiss first claim (suppl exhibits attached ) (lam) Modified on 02/14/2001 (Entered: 02/14/2001)

Opposition (RESPONSE) by defendant to motion to compel & for sanctions [42-1] (lam) (Entered: 02/14/2001)

Opposition (RESPONSE) by defendants to motion for Court to consider suppl exhibits in support of brf in opp to mtn to dismiss first claim [43-1] (lam) (Entered: 02/15/2001)

MOTION by plaintiffs for appointment of a magistrate judge (lam) (Entered: 06/04/2001)

Suggestion (MOTION) by plaintiffs that successor in office, Karen Reinertson be substituted for Jim Rizzuto, former executive director of the Colorado Department of Health Care Policy and Financing (lam) (Entered: 06/04/2001)

Renewed MOTION by plaintiffs for class certification and redefined class (lam) (Entered: 06/04/2001)

Renewed MOTION by plaintiffs for preliminary injunction, req that dfts be required to immediately file a response to this motion and req for a forthwith hearing (lam) (Entered: 06/04/2001)

EXHIBITS by plaintiffs to renewed motions for class certification [48-1] and preliminary injunction [49-1] (lam) (Entered: 06/04/2001)

ORDER stlmt referred to Magistrate Judge Boyd N. Boland by Judge Richard P. Matsch (cc: to counsel) (modified 1/23/02 per order [88-1]) (lam) Modified on 01/24/2002 (Entered: 08/08/2001)

Renewed MOTION by plaintiffs for scheduling conf & other relief (lam) (Entered: 08/08/2001)

MEMORANDUM by Chambers referring to Magistrate Judge Boyd N. Boland the motion for scheduling conf & other relief [51-1] (lam) (Entered: 08/08/2001)

MOTION by intervener applicant CO Assn Com Cen Brd for leave to file response to plas' renewed motion for scheduling conference and for other relief (pap) (Entered: 08/20/2001)

Certificate of Compliance by Applicant for Intervention CO Assn Com Cen Brd re: motion for leave to file response to plas' renewed motion for scheduling conference and for other relief [54-1] (pap) (Entered: 08/20/2001)

Tendered CACCB's response to plas' renewed motion for scheduling conference and for other relief submitted by CO Assn Com Cen Brd re: motion for leave to file response to plas' renewed motion for scheduling conference and for other relief [54-1] (pap)

MEMORANDUM by Chambers referring to Magistrate Judge Boyd N. Boland the motion for leave to file response to plas' renewed motion for scheduling conference and for other relief [54-1] (lam) (Entered: 08/21/2001)

ORDER FOR RULE 16/STATUS CONFERENCE by Magistrate Judge Boyd N. Boland ; Rule 16 and status conference set for 2:00 9/27/01 (cc: all counsel) (lam) (Entered: 09/19/2001)

MINUTE ORDER : by Magistrate Judge Boyd N. Boland regarding [57-1] order ; rule 16 conference set 9/27/01 is vacated and reset for 7:45 10/18/01 (cc: all counsel) ; entry date : 9/21/01 (former empl) (Entered: 09/21/2001)

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting renewed motion for scheduling conf & other relief [51-1], matter has been set for a scheduling conf on 10/18/01 at 7:45; granting motion of the Colorado Assn of Comm Centered Boards to file response to plas' renewed motion for scheduling conf and other relief [54-1] (cc: all counsel) ; entry date : 10/2/01 (lam) (Entered: 10/02/2001)

RESPONSE by proposed intervenor-plaintiff CO Assn Com Cen Brd to plaintiffs' renewed motion for scheduling conf & other relief [51-1] (lam) (Entered: 10/02/2001)

MOTION by defendants for protective order prohibiting certain depos (lam) (Entered: 10/09/2001)

ATTORNEY SUBSTITUTION: terminating attorney Vivianne C. Chaumont for defendants and substituting attorney Ann Hause (lam) (Entered: 10/09/2001)

Second MOTION by plaintiffs to compel disclosures and for sanctions for noncompliance w/this court's order of 9/18/01 (lam) (Entered: 10/12/2001)

MEMORANDUM by Chambers referring to Magistrate Judge Boyd N. Boland the motion to compel disclosures and for sanctions [63-1] (lam) (Entered: 10/16/2001)

MINUTE ORDER : by Magistrate Judge Boyd N. Boland setting a hearing on motion to compel disclosures and for sanctions [63-1] and motion for protective order prohibiting certain depos [61-1] 2:00 11/19/01; the parties have to and including 10/26/01 to respond to respective motions (cc: all counsel) ; entry date : 10/16/01 (lam) (Entered: 10/16/2001)

COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; rule 16 conf held on 10/18/01 ; discovery ddl set 4/19/02 ; disp mtn ddl set 5/17/02 ; settlement conf set for 1:30 1/24/02 ; pretrial conf set for 10:00 7/18/02 ; finding dfts' motion to extend time to respond to the motion to intervene [29-1] moot; finding dfts' motion for scheduling conf and order [41-1] moot; finding plas' the motion for appointment of a magistrate judge [46-1] moot; granting motion that successor in office be substituted for Jim Rizzuto [47-1], terminating party (I) T. Rizzuto, party James T. Rizzuto, substituting defendant Karen (I) Reinertson, Karen Reinertson ; dft shall provide class certification and preliminary injunction brfs re:[49-1], [48-1] by 11/19/01 ; entry date : 10/19/01 Court Reporter: Tape 01-136 (lam) (Entered: 10/19/2001)

Amended COURTROOM MINUTES by Magistrate Judge Boyd N. Boland regarding [66-4] minutes ; discovery ddl set 4/19/02 ; mtn ddl set 5/17/02 ; settlement conf set for 1:30 1/24/02 ; pretrial conf set for 10:00 7/18/02 ; finding dfts' motion to extend time to respond to the motion to intervene [29-1] moot; finding dfts' motion for scheduling conf and order [41-1] moot; finding plas' motion for appointment of a magistrate judge [46-1] moot; granting plas' motion that successor in office, Karen Reinertson be substituted for Jim Rizzuto [47-1]; dft shall provide class certification and preliminary injunction briefs by 11/19/01 ; entry date : 10/23/01 Court Reporter: Tape 01/136 (lam) Modified on 10/23/2001 (Entered: 10/23/2001)

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 1:30 1/24/02 ; pretrial conf set 10:00 7/18/02 (cc: all counsel) ; entry date : 10/23/01 (lam) (Entered: 10/23/2001)

ORDER by Magistrate Judge Boyd N. Boland regarding scheduling conf [67-2]; the parties shall submit a revised scheduling order on 10/26/01; that the [29-1] motion to extend time to to respond to the motion to intervene is deemed moot; that the stipulated Rule 26(f) report and motion for scheduling conf and order is deemed moot [41-1]; that the [46-1] motion for appointment of a magistrate judge is deemed moot; that the [47-1] suggestion that successor in office be substituted is granted, Karen Reinertson is substituted for Jim Rizzuto as the Executive Director of the Colorado Dep of Health Care Policy & Financing, a party dft, the caption shall be amended to reflect this substitution; regarding [3-1] motion for class certification, and renewed [48-1] motion for class certification and redefined class, dfts combined response ddl is 11/19/01; regarding [5-1] motion for preliminary injunction, and renewed [49-1] motion for preliminary injunction, dfts response ddl 11/19/01 (cc: all counsel) ; entry date : 10/23/01 (lam) Modified on 01/24/2002 (Entered: 10/23/2001)

RESPONSE by plaintiffs to motion for protective order prohibiting certain depos [61-1] (lam) (Entered: 10/29/2001)

RESPONSE by proposed intervenor-plaintiff CO Assn Com Cen Brd to plas' second motion to compel disclosures and for sanctions [63-1] (lam) (Entered: 10/29/2001)

RESPONSE by defendants to plas' second motion to compel disclosures and for sanctions [63-1] (lam) (Entered: 10/29/2001)

Partial TRANSCRIPT of scheduling conf on 10/18/01 before Mag Judge Boland ( pages: 1-12) Prepared By: Avery/Woods Reporting Service (certified copy) (lam) (Entered: 11/01/2001)

NOTICE of Supplemental Authority by plaintiffs re: Colo Assn Community Centered Board's motion to intervene as a party plaintiff [22-1] (lam) (Entered: 11/05/2001)

MOTION by plaintiffs to withdraw second motion to compel disclosures and for sanctions [63-1] (lam) (Entered: 11/14/2001)

MEMORANDUM by Chambers referring to Magistrate Judge Boyd N. Boland the motion to withdraw second motion to compel disclosures and for sanctions [75-1] (lam) (Entered: 11/14/2001)

MINUTE ORDER : by Magistrate Judge Boyd N. Boland that issues concerning the proposed scheduling order will be addressed at the hrging set 11/19/01 at 2:00 (cc: all counsel) ; entry date : 11/14/01 (lam) (Entered: 11/14/2001)

MOTION by applicant for intervention, CO Assn Com Cen Brd for leave to file statement position re: mtns for class certification and for preliminary injunction (lam) (Entered: 11/20/2001)

Certificate of Compliance by applicant intervenor CO Assn Com Cen Brd re: motion for leave to file statement position re: mtns for class certification and for preliminary injunction [78-1] (lam) (Entered: 11/20/2001)

Tendered statement submitted by applicant intervenor CO Assn Com Cen Brd re: motion for leave to file statement position re: for class certification and for preliminary injunction [78-1] (lam)

RESPONSE by defendants to plaintiffs' renewed motion for preliminary injunction [49-1] and motion for preliminary injunction [5-1] (lam) (Entered: 11/20/2001)

Opposition (RESPONSE) by defendants to renewed motion for class certification [48-1] (lam) (Entered: 11/20/2001)

COURTROOM MINUTES (Motions Hearing) by Magistrate Judge Boyd N. Boland: pla's motion to compel disclosures and for sanctions is withdrawn and is deemed moot [63-1]: granting pla's motion to withdraw second motion to compel disclosures and for sanctions [63-1], [75-1], [42-1]; granting in part and denied in part dfts' motion for protective order prohibiting certain depos [61-1] ; entry date : 11/20/01 Court Reporter: Tape 01-145 (lam) (Entered: 11/20/2001)

SCHEDULING ORDER by Magistrate Judge Boyd N. Boland (cc: all counsel) (lam) (Entered: 11/21/2001)

MINUTE ORDER : by Magistrate Judge Boyd N. Boland regarding [83-1] schedule order, ptc date is incorrect, the ptc is set for 7/18/02 at 10:00 (cc: all counsel) ; entry date : 11/21/01 (lam) (Entered: 11/21/2001)

ORDER by Magistrate Judge Boyd N. Boland: plas' second motion to compel disclosures and for sanctions [63-1] is withdrawn; granting plas' motion to withdraw second motion to compel disclosures and for sanctions [75-1] is granted; granting in part and denied in part as specified on the record the motion for protective order [61-1] (cc: all counsel) ; entry date : 11/21/01 (lam) (Entered: 11/21/2001)

SUPPLEMENT by defendants to opposition [81-1] to renewed motion for class certification [48-1] (lam) (Entered: 12/12/2001)

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 1:30 8/12/02 (cc: all counsel) ; entry date : 1/17/02 (lam) (Entered: 01/17/2002)

ORDER by Judge Richard P. Matsch withdrawing order of reference to Magistrate Judge Boland excepting for settlement procedures [52-1] (cc: all counsel) ; entry date : 1/24/02 (lam) (Entered: 01/24/2002)

MOTION by plaintiffs for court to consider suppl legal authority in opp to CACC motions to intervene and to amend cmp in intervention ; certificate of consultation (lam) (Entered: 02/14/2002)

MOTION by plaintiffs to amend complaint [1-1] and certif of compliance (former empl) (Entered: 02/15/2002)

MOTION to intervene Marian L. and Jodi F. and certif of compliance (former empl) (Entered: 02/15/2002)

BRIEF in support of motion to intervene Marian L. and Jodi F. [91-1] (former empl) (Entered: 02/15/2002)

MOTION of Proposed Intervenors to Proceed by Pseudonyms with Supporting Authorities (former empl) (Entered: 02/15/2002)

NOTICE of Change of Address of Hale Hackstaff Tymkovich, LLP csl of record for applicant for intervention, the Colorado Assn of Community Centered Boards (lam) (Entered: 03/13/2002)