Case: Center for Legal Advocacy v. Colorado Department of Corrections

1:21-cv-00792 | U.S. District Court for the District of Colorado

Filed Date: March 18, 2021

Case Ongoing

Clearinghouse coding in progress

Case Summary

On March 18, 2021, the Center for Legal Advocacy, d/b/a Disability Law Colorado (“DLC”), a federally mandated protection and advocacy (“P&A”) organization for the State of Colorado, filed this lawsuit in the U.S. District Court for the District of Colorado. DLC sued the Colorado Department of Corrections (“CDOC”) under the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act, seeking injunctive relief. DLC brought suit in its representative capacity on behalf of and…

On March 18, 2021, the Center for Legal Advocacy, d/b/a Disability Law Colorado (“DLC”), a federally mandated protection and advocacy (“P&A”) organization for the State of Colorado, filed this lawsuit in the U.S. District Court for the District of Colorado. DLC sued the Colorado Department of Corrections (“CDOC”) under the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act, seeking injunctive relief. DLC brought suit in its representative capacity on behalf of and to vindicate the rights of deaf and hard of hearing (DHOH) people incarcerated in CDOC’s custody. DLC claimed that CDOC violated the ADA and Section 504 by failing to provide equally effective communication and equal access to prison programs, services, and activities at every stage of incarceration.

The case was assigned to Magistrate Judge N. Reid Neureiter and then later reassigned to Judge R. Brooke Jackson.

On May 24, 2021, CDOC filed a letter on a motion to dismiss. On May 25, Judge Jackson addressed this letter in a minute order advising that a motion to dismiss would be a waste of time and resources but that the complaint went beyond what is necessary to make a short and plain statement of the claim under Rule 8(a)(2). The court advised that a Rule 12(b)(6) motion would be unlikely to be granted and recommended that the parties pursue mediation and that DLC revise their complaint.

On August 17, 2021, DLC filed an amended complaint, shortening the pleading while maintaining the core allegations and claims from their original complaint.

As of October 2021, the case is ongoing.

Summary Authors

Hannah Shilling (10/2/2021)

Hannah Shilling (8/31/2022)

Documents in the Clearinghouse

Document

1:21-cv-00792

Docket [PACER]

Sept. 27, 2021

Sept. 27, 2021

Docket
1

1:21-cv-00792

Complaint

March 18, 2021

March 18, 2021

Complaint
27

1:21-cv-00792

First Amended and Supplemental Complaint

Aug. 17, 2021

Aug. 17, 2021

Complaint
32

1:21-cv-00792

Stipulated Protective Order

Sept. 13, 2021

Sept. 13, 2021

Order/Opinion
74

1:21-cv-00792

Order Approving Joint Motion to Dismiss and Request to Retain Jurisdiction to Enforce Settlement Agreement

Aug. 15, 2022

Aug. 15, 2022

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59747510/center-for-legal-advocacy-v-colorado-department-of-corrections/

Last updated Aug. 31, 2022, 3:20 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Colorado Department of Corrections (Filing fee $ 402,Receipt Number 1082-7769744)Attorney Laura Lee Rovner added to party Center for Legal Advocacy(pty:pla), filed by Center for Legal Advocacy.(Rovner, Laura) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

Clearinghouse
2

SUMMONS REQUEST as to Colorado Department of Corrections re 1 Complaint by Plaintiff Center for Legal Advocacy. (Rovner, Laura) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
3

NOTICE re 1 Complaint - Civil Cover Sheet by Plaintiff Center for Legal Advocacy (Rovner, Laura) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
4

NOTICE of Entry of Appearance by Nicole Brianne Godfrey on behalf of Center for Legal AdvocacyAttorney Nicole Brianne Godfrey added to party Center for Legal Advocacy(pty:pla) (Godfrey, Nicole) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
5

Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jtorr, ) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
6

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (jtorr, ) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
7

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Center for Legal Advocacy (Robertson, Amy) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
8

NOTICE of Entry of Appearance by Martha M. Lafferty on behalf of Center for Legal AdvocacyAttorney Martha M. Lafferty added to party Center for Legal Advocacy(pty:pla) (Lafferty, Martha) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
9

WAIVER OF SERVICE Returned Executed by Center for Legal Advocacy. Colorado Department of Corrections waiver sent on 3/18/2021, answer due 5/17/2021. (Robertson, Amy) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
10

ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 19 March 2021. Consent Form due by 5/25/2021. Proposed Scheduling Order due 6/1/2021. Scheduling Conference set for 6/8/2021 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, ) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
11

NOTICE of Entry of Appearance by Scott Robert Bauer on behalf of Colorado Department of CorrectionsAttorney Scott Robert Bauer added to party Colorado Department of Corrections(pty:dft) (Bauer, Scott) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
12

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Proposed Order (PDF Only) 1 - Frisinger Law Student Appearance Form, # 2 Proposed Order (PDF Only) 2 - Roberts Law Student Appearance Form, # 3 Proposed Order (PDF Only) 3 - Ford Law Student Appearance Form)(Rovner, Laura) (Entered: 03/28/2021)

March 28, 2021

March 28, 2021

PACER
13

Minute ORDER by Magistrate Judge N. Reid Neureiter on 29 March 2021. It is HEREBY ORDERED that Plaintiff's Unopposed Motion for Leave to Appear as Student Attorneys, Dkt. # 12, is GRANTED. Stephanie Frisinger, Kassidy Roberts, and Thomas Ford are authorized to appear on behalf of Plaintiff in this matter pursuant to the Student Practice Rule. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 03/30/2021)

March 29, 2021

March 29, 2021

PACER
14

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Center for Legal Advocacy All parties do not consent.. (Rovner, Laura) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
15

CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 21-cv-00792-RBJ. (Text Only Entry) (slibi, ) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
16

MINUTE ORDER: In light of the reassignment of this case to this Court the Scheduling Conference set 6/8/2021 before Magistrate Judge N. Reid Neureiter is vacated. Due to the COVID-19 pandemic, this Court will not hold a scheduling conference. The Court requests that the parties confer and attempt to agree on a schedule and submit a proposed scheduling order by 6/1/2021 pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 4/16/2021. Text Only Entry (rbjsec. ) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER

Minute Order

April 16, 2021

April 16, 2021

PACER
17

NOTICE of Entry of Appearance by Aurora Lynn Randolph on behalf of Center for Legal AdvocacyAttorney Aurora Lynn Randolph added to party Center for Legal Advocacy(pty:pla) (Randolph, Aurora) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
18

CORPORATE DISCLOSURE STATEMENT. (Robertson, Amy) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
19

Unopposed MOTION to Withdraw 13 Order on Motion for Leave, Appearance of Student Attorneys (T. Ford, S. Frisinger, K. Roberts) by Plaintiff Center for Legal Advocacy. (Godfrey, Nicole) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
20

ORDER granting 19 Unopposed MOTION to Withdraw 13 Order on Motion for Leave, Appearance of Student Attorneys T. Ford, S. Frisinger, and K. Roberts. By Judge R. Brooke Jackson on 5/17/2021. Text Only Entry(rbjsec, ) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
21

LETTER re Motion to Dismiss by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER

Order on Motion to Withdraw

May 17, 2021

May 17, 2021

PACER
22

LETTER re: 21 Letter in response to Defendant's Letter re: Motion to Dismiss by Plaintiff Center for Legal Advocacy. (Robertson, Amy) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
23

MINUTE ORDER re: 22 Letter filed by Center for Legal Advocacy, 21 Letter filed by Colorado Department of Corrections. The Court has reviewed the parties' letters, ECF Nos. 21 and 22. A motion to dismiss would be a waste of time and resources that would better be devoted to addressing the issues raised in the Complaint. I agree that the Complaint is long and goes beyond what is necessary to make a short and plain statement of the claim per Rule 8(a)(2). It is obviously the product of a great deal of work, and it is well-written, but it is a more like a legal brief than a complaint in places, particularly in its early parts. The Court suggests and requests that the parties participate in a mediation with a professional mediator now. If the parties cannot afford the cost, the Court is willing to appoint someone from its Pro Bono Mediation Panel, comprised of top litigators and mediators in metro Denver who volunteer their services when needed to serve indigent litigants. Then, after a mediation session during which you will at a minimum get to know the other party's situation better, if you have not agreed on a settlement, then the plaintiffs are requested to amend the Complaint and trim it down quite a bit. The Court understands the reaction of plaintiffs to the proliferation of motions to dismiss for failure to state a claim in the post-Twombly/Iqbal era, but the Court does not find a 100-page complaint to be necessary or compliant with the Rule. The Court likewise does not anticipate that a Rule 12(b)(6) motion would be granted in this case. Construing the allegations in plaintiffs' favor, it does state claims. By Judge R. Brooke Jackson on 5/25/2021. Text Only Entry (rbjsec. ) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER

Minute Order

May 25, 2021

May 25, 2021

PACER
24

Proposed Scheduling Order by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
25

SCHEDULING ORDER: Discovery due by 2/15/2022. Dispositive Motions due by 4/1/2022. by Judge R. Brooke Jackson on 6/3/21. (Attachments: # 1 redlined version) (jdyne, ) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
26

ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter is set for a two-week Bench Trial to commence on October 31, 2022 at 9:00 a.m. on the docket of Judge R. Brooke Jackson U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado. A Trial Preparation Conference is set for October 21, 2022 at 9:00 a.m. By Judge R. Brooke Jackson on 6/15/2021. (rbjsec.) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
27

AMENDED COMPLAINT against Center for Legal Advocacy, filed by Center for Legal Advocacy.(Rovner, Laura) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

Clearinghouse
28

NOTICE of Filing Amended Pleading re 27 Amended Complaint by Plaintiff Center for Legal Advocacy (Rovner, Laura) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
29

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit 1 (Law Student Appearance Form-K. Roberts), # 2 Exhibit 2 (Law Student Appearance Form-H. Williams), # 3 Exhibit 3 (Law Student Appearance Form-A. Goebel), # 4 Exhibit 4 (Law Student Appearance Form-J. Tuttle))(Godfrey, Nicole) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
30

ORDER granting 29 Unopposed MOTION for Leave to Appear as Student Attorneys. By Judge R. Brooke Jackson on 8/24/2021. Text Only Entry(rbjsec. ) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER

Order on Motion for Leave

Aug. 24, 2021

Aug. 24, 2021

PACER
31

Joint MOTION for Protective Order by Defendant Colorado Department of Corrections. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order)(Bauer, Scott) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
32

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 9/13/21. (jdyne, ) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

Clearinghouse
33

NOTICE of Entry of Appearance by Cole Jacob Woodward on behalf of Colorado Department of CorrectionsAttorney Cole Jacob Woodward added to party Colorado Department of Corrections(pty:dft) (Woodward, Cole) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
34

NOTICE of Change of Address/Contact Information by Amy Farr Robertson (Robertson, Amy) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
35

AMENDED COMPLAINT (Second and Supplemental) against All Defendants, filed by Center for Legal Advocacy.(Godfrey, Nicole) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

RECAP
36

NOTICE of Filing Amended Pleading (Second Amended and Supplemental Complaint) by Plaintiff Center for Legal Advocacy (Attachments: # 1 Exhibit 1 (Redlined Second Amended and Supplemental Complaint))(Godfrey, Nicole) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
37

SUMMONS REQUEST as to Defendant Dean Williams by Plaintiff Center for Legal Advocacy. (Randolph, Aurora) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
38

Joint MOTION to Amend/Correct/Modify Scheduling Order by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
39

Joint MOTION to Amend/Correct/Modify Protective Order by Defendants Colorado Department of Corrections, Dean Williams. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Woodward, Cole) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
40

WAIVER OF SERVICE Returned Executed by Center for Legal Advocacy. Dean Williams waiver sent on 10/6/2021, answer due 12/5/2021. (Rovner, Laura) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
41

NOTICE of Entry of Appearance by Philip Timothy Barrett on behalf of Colorado Department of Corrections, Dean WilliamsAttorney Philip Timothy Barrett added to party Colorado Department of Corrections(pty:dft), Attorney Philip Timothy Barrett added to party Dean Williams(pty:dft) (Barrett, Philip) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
42

ANSWER to 35 Amended Complaint by Colorado Department of Corrections, Dean Williams.(Barrett, Philip) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
43

ORDER granting 38 Joint MOTION to Amend/Correct/Modify Scheduling Order. By Judge R. Brooke Jackson on 10/13/2021. Text Only Entry(rbjsec. ) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
44

ORDER granting 39 Joint MOTION to Amend/Correct/Modify Protective Order. By Judge R. Brooke Jackson on 10/13/2021. Text Only Entry(rbjsec.) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER

Order on Motion to Amend/Correct/Modify

Oct. 13, 2021

Oct. 13, 2021

PACER
45

STIPULATED AMENDED PROTECTIVE ORDER by Judge R. Brooke Jackson on 10/13/21. (jdyne, ) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
46

NOTICE of Filing Amended Pleading by Defendants Colorado Department of Corrections, Dean Williams (Attachments: # 1 Exhibit A - Amended Answer to Second Amended Complaint, # 2 Exhibit B - Amended Answer to Second Amended Complaint (REDLINE))(Woodward, Cole) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
47

MINUTE ORDER re: 46 Notice of Filing Amended Pleading, filed by Dean Williams, Colorado Department of Corrections. The Court accepts the Amended Answer at ECF No. 46-1 for filing and requests that the Clerk of Court's office docket the Amended Answer. By Judge R. Brooke Jackson on 11/15/2021. Text Only Entry (rbjsec.) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
48

Defendants' AMENDED ANSWER and Affirmative Defenses to 35 Plaintiff's Second Amended and Supplemental Complaint, by Defendants Colorado Department of Corrections, Dean Williams. (Amended Answer filed in this case pursuant to [#47] Minute Order). (sphil, ) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
51

AMENDED ANSWER to 35 Amended Complaint with Jury Demand by Defendants Colorado Department of Corrections, Dean Williams. (Attachments: # 1 Redline Amended Answer) (Both amended answer filed in this case pursuant to [#50] Order. (sphil, ) (Entered: 12/06/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER

Minute Order

Nov. 15, 2021

Nov. 15, 2021

PACER
49

Joint MOTION to Strike 48 Amended Answer to Complaint, 46 Notice of Filing Amended Pleading, Remove From ECF, And Substitute Documents by Defendants Colorado Department of Corrections, Dean Williams. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Woodward, Cole) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
50

ORDER granting in part and denying in part 49 Joint MOTION to Strike 48 Amended Answer to Complaint, 46 Notice of Filing Amended Pleading, Remove From ECF, And Substitute Documents. We cannot "remove" the documents, but the Court will restrict public access and order a Level 1 restriction of ECF No. 46-1, 46-2, and 48. The Court requests that the Clerk of Court's Office docket the "replacement" Amended Answer and redlined version of the Amended Answer at ECF Nos. 49-1 and 49-2 with a filing date of 11/15/2021. By Judge R. Brooke Jackson on 12/6/2021. Text Only Entry(rbjsec.) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER

Order on Motion to Strike

Dec. 6, 2021

Dec. 6, 2021

PACER
52

Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order by Plaintiff Center for Legal Advocacy. (Godfrey, Nicole) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
53

ORDER granting 52 Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order. Case deadlines are extended as follows: Designation of Affirmative Experts due 1/20/2022; Designation of Rebuttal Experts due 3/10/2022; Discovery due by 3/31/2022; and Dispositive Motions due by 5/16/2022. By Judge R. Brooke Jackson on 12/17/2021. Text Only Entry(rbjsec. ) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER

Order on Motion to Amend/Correct/Modify

Dec. 17, 2021

Dec. 17, 2021

PACER
54

Unopposed MOTION to Withdraw by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
55

ORDER granting 54 Unopposed MOTION to Withdraw. Attorney Scott Robert Bauer is withdrawn. By Judge R. Brooke Jackson on 1/5/2022. Text Only Entry(rbjsec. ) (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER

Order on Motion to Withdraw

Jan. 5, 2022

Jan. 5, 2022

PACER
56

Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order, 43 Order on Motion to Amend/Correct/Modify, 53 Order on Motion to Amend/Correct/Modify, and Extend Deadline to Respond to Discovery by Plaintiff Center for Legal Advocacy. (Robertson, Amy) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
57

ORDER granting 56 Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order, 43 Order on Motion to Amend/Correct/Modify, 53 Order on Motion to Amend/Correct/Modify, and Extend Deadline to Respond to Discovery. The deadline for disclosure of affirmative experts is extended to February 3, 2022. The deadline for plaintiff's to respond to defendants' First Set of Discovery Requests is extended to 2/13/2022. By Judge R. Brooke Jackson on 1/14/2022. Text Only Entry(rbjsec. ) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER

Order on Motion to Amend/Correct/Modify

Jan. 14, 2022

Jan. 14, 2022

PACER
58

NOTICE of Change of Address/Contact Information by Amy Farr Robertson (Robertson, Amy) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
59

Joint MOTION to Stay And Modify Scheduling Order by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
60

ORDER granting 59 Joint MOTION to Stay And Modify Scheduling Order: Case deadlines are extended as follows: Designation of Affirmative Experts due 3/20/2022; Designation of Rebuttal Experts due 4/24/2022; Plaintiffs' Responses to First Set of Discovery Requests due 3/30/2022; Discovery cutoff 5/15/2022; and Dispositive Motions are now due by 6/30/2022. By Judge R. Brooke Jackson on 2/2/2022. Text Only Entry(rbjsec.) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER

Order on Motion to Stay

Feb. 2, 2022

Feb. 2, 2022

PACER
61

Second MOTION to Stay And Modify Scheduling Order by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
62

ORDER granting 61 Second MOTION to Stay And Modify Scheduling Order. Case deadlines are extended as follows: Disclosure of affirmative experts to May 11, 2022; Disclosure of rebuttal experts to June 10, 2022; Plaintiffs' responses to Defendant's First Set of Discovery Requests due May 16, 2022; Close of discovery is June 29, 2022; and Dispositive motions are due August 15, 2022. By Judge R. Brooke Jackson on 3/18/2022. Text Only Entry(rbjsec. ) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER

Order on Motion to Stay

March 18, 2022

March 18, 2022

PACER
63

Joint MOTION to Amend/Correct/Modify 62 Order on Motion to Stay, to Extend Stay, Amend Scheduling Order, and Reset Trial by Plaintiff Center for Legal Advocacy. (Rovner, Laura) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
64

ORDER granting 63 Joint MOTION to Amend/Correct/Modify 62 Order on Motion to Stay, to Extend Stay, Amend Scheduling Order, and Reset Trial. Case deadlines are extended as follows: Designation of Affirmative Experts due 5/11/2022; Plaintiffs responses to Defendants first set for discovery requests 7/14/2022; Designation of Rebuttal Experts due 8/8/2022; Discovery due by 8/29/2022; and Dispositive Motions due by 10/13/2022. The Trial Preparation Conference set 10/21/2022 and the Trial set 10/31/2022 are vacated. The Court requests that counsel jointly contact Chambers at jackson_chambers@cod.uscourts.gov within 14 days after the 5/17/2022 mediation, if it is unsuccessful, to schedule a new TPC and Trial date. By Judge R. Brooke Jackson on 5/2/2022. Text Only Entry(rbjsec. ) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER

Order on Motion to Amend/Correct/Modify

May 2, 2022

May 2, 2022

PACER
65

MINUTE ORDER re: 64 Order on Motion to Amend/Correct/Modify. In the order at ECF No. 64, the Court inadvertently listed the new Designation of Affirmative Experts deadline as 5/11/2022. However, the Court intended and now orders that the new Designation of Affirmative Experts deadline is 7/11/2022. By Judge R. Brooke Jackson on 5/3/2022. Text Only Entry (rbjsec.) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER

Minute Order

May 3, 2022

May 3, 2022

PACER
66

Unopposed MOTION to Withdraw as Attorney - Student Attorneys (A. Goebel, K. Roberts, J. Tuttle, H. Williams) by Plaintiff Center for Legal Advocacy. (Rovner, Laura) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
67

ORDER granting 66 Unopposed MOTION to Withdraw as Attorney - Student Attorneys (A. Goebel, K. Roberts, J. Tuttle, H. Williams). By Judge R. Brooke Jackson on 5/4/2022. Text Only Entry(rbjsec. ) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER

Order on Motion to Withdraw as Attorney

May 4, 2022

May 4, 2022

PACER
68

NOTICE of Entry of Appearance by Maria del Pilar Gonzalez Morales on behalf of Center for Legal AdvocacyAttorney Maria del Pilar Gonzalez Morales added to party Center for Legal Advocacy(pty:pla) (Gonzalez Morales, Maria del Pilar) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
69

MOTION to Withdraw as Attorney by Plaintiff Center for Legal Advocacy. (Lafferty, Martha) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
70

ORDER granting 69 Motion to Withdraw as Attorney. Attorney Martha M. Lafferty is withdrawn. By Judge R. Brooke Jackson on 6/7/2022. Text Only Entry(rbjsec. ) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER

Order on Motion to Withdraw as Attorney

June 7, 2022

June 7, 2022

PACER
71

MOTION to Withdraw as Attorney by Plaintiff Center for Legal Advocacy. (Godfrey, Nicole) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
72

ORDER granting 71 Motion to Withdraw as Attorney. Attorney Nicole Brianne Godfrey is withdrawn. By Judge R. Brooke Jackson on 6/27/2022. Text Only Entry(rbjsec. ) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER

Order on Motion to Withdraw as Attorney

June 27, 2022

June 27, 2022

PACER
73

Dismiss

1 Proposed Order (PDF Only)

View on PACER

Aug. 9, 2022

Aug. 9, 2022

PACER
74

Order Dismissing Case

Aug. 15, 2022

Aug. 15, 2022

Clearinghouse

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: March 18, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Law Colorado (DLC) is a Colorado nonprofit corporation. DLC is the federally mandated protection and advocacy system for the State of Colorado. In this action, DLC, under its official duty, represents deaf and hard of hearing people in state prisons.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Colorado Department of Corrections, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet