Case: Atwell v. Denver Health and Hospital Authority

1:06-cv-02262 | U.S. District Court for the District of Colorado

Filed Date: Nov. 13, 2006

Clearinghouse coding complete

Case Summary

On February 13, 2007, six former and two current employees brought this case in the U.S. District Court for the District of Colorado, asserting federal and state employment discrimination and related civil rights claims against Denver Health and Hospital Authority and various Denver Healthy officials and management level employees. Each claim alleged one or more adverse employment actions, including being passed over for rehiring, being supervised by less qualified individuals, being moved to l…

On February 13, 2007, six former and two current employees brought this case in the U.S. District Court for the District of Colorado, asserting federal and state employment discrimination and related civil rights claims against Denver Health and Hospital Authority and various Denver Healthy officials and management level employees. Each claim alleged one or more adverse employment actions, including being passed over for rehiring, being supervised by less qualified individuals, being moved to less desirable office space or positions, or being disciplined unfairly, based on either race or ethnicity or in retaliation for complaining about discriminatory practices.

Plaintiffs in this case brought their claims in two separate class actions. The first was an individualized action by Renee Atwell, filed in November 2006 but amended in February 2007 to add three plaintiffs. The second claim (Gomez et al v. Gabow et al) was filed in state court during the pendency of defendants' Motions to Dismiss the Atwell case (the first claim) by four members of Atwell's class. This case was reassigned and consolidated with Atwell.

The plaintiffs' claims fell into two general categories - (1) individual employment discrimination claims for disparate treatment and retaliation against Denver Health under Title VII and Colorado State law analogs (asserted by Atwell plaintiffs only); and (2) sweeping civil rights claims against Denver Health and various Denver Health officials in their official and individual capacity for violating their rights to equal benefit of the laws secured by § 1981 and for depriving them of their rights secured by §§ 1981, 1983, and 1988, in violation of § 1983.

The district court denied the plaintiffs' motion to certify a class action for failure to meet Rule 23(a)'s requirements - numerosity, commonality, typicality, and adequacy of representation. Shortly after, the district court dismissed the majority of plaintiffs' claims under FRCP 12(b)(6). Plaintiffs appealed to the Tenth Circuit, but solely on the district court's dismissal of their § 1981 claims. The Tenth Circuit found that the majority of the § 1981 claims failed to meet the pleading standards set forth in Iqbal v. Twombly. Further, the Court dismissed an individualized plaintiff's § 1981 retaliation claim, concluding that under this court's precedent, the claim was actionable only under Title VII. A few weeks after this decision, the Supreme Court held that § 1981 does encompass retaliation claims (128 S.Ct. 1951, 1954-55 (2008)), but the Tenth Circuit did not need to consider the applicability of this holding because the dismissal was found to be nonetheless proper with no abuse of discretion in the district court. The judgment of the district court was affirmed.

On February 7, 2009, the Plaintiff filed a Stipulation of Dismissal with Prejudice, which disposed of any remaining claims.

Summary Authors

Christina Bonanni (6/8/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4803470/parties/atwell-v-denver-health-and-hospital-authority/


Judge(s)

Arguello, Christine M. (Colorado)

Briscoe, Mary Beck (Kansas)

Ebel, David M. (Colorado)

Kane, John L. Jr. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

O'Brien, Terrence L. (Wyoming)

Porfilio, John Carbone (Colorado)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Hall, Gregory A. (Colorado)

Judge(s)

Arguello, Christine M. (Colorado)

Briscoe, Mary Beck (Kansas)

Ebel, David M. (Colorado)

Kane, John L. Jr. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

O'Brien, Terrence L. (Wyoming)

Porfilio, John Carbone (Colorado)

Watanabe, Michael J. (Colorado)

Attorneys(s) for Plaintiff

Hall, Gregory A. (Colorado)

Sulton, Anne T. (Washington)

Attorneys(s) for Defendant

Johnson, Brent T. (Colorado)

Olsen, Theodore Alan (Colorado)

Volin, Andrew W. (Colorado)

Documents in the Clearinghouse

Document

1:06-cv-02262

Docket [PACER]

March 3, 2009

March 3, 2009

Docket
13

1:06-cv-02262

FIRST AMENDED COMPLAINT [CLASS ACTION]

Feb. 13, 2007

Feb. 13, 2007

Complaint
43

1:06-cv-02262

ORDER GRANTING MOTION TO CONSOLIDATE CIVIL ACTION NO. 07-cv-2063-MSK INTO CIVIL ACTION NO. 06-cv-2262

2007 WL 2993854, 2007 U.S.Dist.LEXIS 79215

Oct. 10, 2007

Oct. 10, 2007

Order/Opinion
46

1:06-cv-02262

07-01312

ORDER

U. S. Court of Appeals for the Tenth Circuit

Nov. 13, 2007

Nov. 13, 2007

Order/Opinion
74

1:06-cv-02262

ORDER DENYING MOTION FOR CLASS CERTIFICATION

248 F.R.D. 588

Feb. 28, 2008

Feb. 28, 2008

Order/Opinion
76

1:06-cv-02262

ORDER ON MOTIONS TO DISMISS AND ORDER TO SHOW CAUSE

2008 WL 906105, 2008 U.S.Dist.LEXIS 31861

March 31, 2008

March 31, 2008

Order/Opinion
86

1:06-cv-02262

ANSWER TO FIRST AMENDED COMPLAINT

April 14, 2008

April 14, 2008

Pleading / Motion / Brief
92

1:06-cv-02262

JUDGMENT PURSUANT TO F.R.C.P. 54(b)

April 21, 2008

April 21, 2008

Order/Opinion
140

1:06-cv-02262

ORDER DIRECTING ENTRY OF FINAL JUDGMENT PURSUANT TO F.R.CIV.P. 54(b)

2009 WL 112492, 2009 U.S.Dist.LEXIS 5322

Jan. 15, 2009

Jan. 15, 2009

Order/Opinion
142

1:06-cv-02262

08-01107

1:07-cv-02063

ORDER AND JUDGMENT

U. S. Court of Appeals for the Tenth Circuit

311 Fed.Appx. 122

Feb. 9, 2009

Feb. 9, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4803470/atwell-v-denver-health-and-hospital-authority/

Last updated May 20, 2022, 1:37 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Patricia Gabow, Denver Health, Patricia (I) Gabow ( Filing fee $ 350, Receipt Number E117530) Summons issued, filed by Renee Atwell. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(llr, ) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

12

MINUTE ORDER granting 10 Motion to Amend Complaint; Denying as moot 5 Dfts Motion to Dismiss; by Judge John L. Kane on 2/16/07.(erv, )

Feb. 16, 2007

Feb. 16, 2007

RECAP
2

CERTIFICATE of Mailing/Service proof of service of instructions re D.C.COLO.LCivR 72.2 by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

22

ORDER Granting Motion to Supplement 21 and setting Oral Argument on Motion to Dismiss for 5/31/2007 10:00 AM in Courtroom A 802 before Judge John L. Kane. Signed by Judge John L. Kane on 05/09/07. (jjh, )

May 9, 2007

May 9, 2007

RECAP
3

MEMORANDUM RETURNING CASE by Judge Matsch advising case to be reassigned to another judge. (llr, ) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

38

ORDER DENYING Attorney Anne T. Sulton's 32 Motion for Recusal. Defendants' request for attorney fees incurred in responding to this Motion is DENIED WITHOUT PREJUDICE. Signed by Judge John L. Kane on 7/27/07.(mrs, )

July 27, 2007

July 27, 2007

RECAP
40

ORDER from USCA re: 39 Notice of a mandamus filed by Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Renee Atwell: Upon consideration of petitioners' filing the panel has determined that a response would aid its decision. The district court is invited to respond, if it wishes to do so. Responses should be filed within 30 days of this order. USCA case no. 07-1312. (bjr, )

Aug. 9, 2007

Aug. 9, 2007

RECAP
4

LETTER REASSIGNING CASE. Case reassigned to Judge John L. Kane for all further proceedings. Judge Richard P. Matsch is no longer assigned to case. (llr, ) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

43

ORDER granting 41 Motion to Consolidate Civil Action No. 07-cv-02063-MSK into civil action No. 06-cv-02262. Signed by Judge John L. Kane on 10/10/07.(jjh, )

Oct. 10, 2007

Oct. 10, 2007

RECAP
5

MOTION to Dismiss by Defendants Patricia Gabow, Patricia Gabow in her individual capacity and Denver Health. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Johnson, Brent) Modified on 1/22/2007 to add 3rd filer. (gms, ). (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

6

MINUTE ORDER re: 5 MOTION to Dismiss filed by Defendant, Plaintiff shall respond by 02/08/07; defendants shall reply by 02/23/07 by Judge John L. Kane on 01/19/07. (jjh, ) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

46

USCA ORDER re original proceeding in the nature of mandamus. The mandamus petition is denied insofar as it rquests that this court prohibit production of the original Gregory Hall interview notes re interviews with Kathryn Davies, Karen Talley, Terry Herbert and Hossein Daneshpour. The mandamus petition is granted inso far as it requests that this court prohibit productionof the original Gregory Hall interview notes for all other non-party interviewees. USCA case no. 07-1312. (Attachments: # 1 Letter)(bjr2, )

1 Letter

View on PACER

Nov. 13, 2007

Nov. 13, 2007

RECAP
56

ORDER: Oral Argument set for 1/10/2008 10:00 AM in Courtroom A 802 before Judge John L. Kane. Signed by Judge John L. Kane on 12/5/07. (sss, )

Dec. 5, 2007

Dec. 5, 2007

RECAP
7

Docket Annotation re: 5 MOTION to Dismiss. This docket entry was modified to add the 3rd filer. Text only entry − no document attached. (gms, ) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

74

ORDER denying Plaintiffs' 58 Motion for Class Certification. Signed by Judge John L. Kane on 2/28/08.(sss, )

Feb. 28, 2008

Feb. 28, 2008

RECAP
8

NOTICE of Entry of Appearance by Gregory Alan Hall on behalf of Renee Atwell (Hall, Gregory) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

76

ORDER ON MOTIONS TO DISMISS AND ORDER TO SHOW CAUSE: On or before 4/16/2008, Counsel Anne Sulton and Greg Hall are ORDERED TO SHOW CAUSE in writing why they should not be sanctioned for violating Rule 11(b) in the preparation and filing of the Amende d Complaint in 06-cv-2262-JLK. Defendants' 17 Motion to Dismiss First Amended Complaint in 06-cv-2262-JLK is DENIED as to Plaintiff Atwell's Title VII and CADA claims against Defendant Denver Health only and is GRANTED in all other respects. Defendants' 45 Motion to Dismiss Amended Complaint in 07-cv-2063-JLK is GRANTED in its entirety. Signed by Judge John L. Kane on 3/31/08.(sss, )

March 31, 2008

March 31, 2008

RECAP
9

RESPONSE to Motion re 5 MOTION to Dismiss filed by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit correspondence)(Sulton, Anne) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

87

ORDER granting 84 Motion for Entry of Judgment under Rule 54(b) as discussed in attached order. Signed by Judge John L. Kane on 4/16/2008.(sss, )

April 16, 2008

April 16, 2008

RECAP
10

First MOTION to Amend/Correct/Modify complaint 1 by Plaintiff Renee Atwell. (Attachments: # 1 Proposed Document first amended complaint (class action))(Sulton, Anne) Modified on 2/14/2007 to create linkage (gms, ). (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

116

MINUTE ORDER denying 104 Plaintiffs for Protective Order and Motion to Stay of All Proceedings and Certificate of Compliance with Local Rule D.C.COLO.LCivR 7.1 (A); granting 106 Defendant's Motion to Compel, by Magistrate Judge Michael J. Watanabe on 11/18/08.(erv, )

Nov. 18, 2008

Nov. 18, 2008

RECAP
11

Docket Annotation re: 10 First MOTION to Amend/Correct/Modify complaint. This docket entry was modified to create a linkage to Doc #1. Text only entry − no document attached. (gms, ) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

119

MINUTE ORDER denying without prejudice 117 Motion for Reconsideration of Her Motion for a Protective Order and for Stay of All Proceedings, by Magistrate Judge Michael J. Watanabe on 11/20/08.(erv, )

Nov. 20, 2008

Nov. 20, 2008

RECAP
13

FIRST AMENDED COMPLAINT against Patricia Gabow, Denver Health, Patricia (I) Gabow, filed by Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Renee Atwell.(erv, ) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

129

Minute Entry for proceedings held before Magistrate Judge Michael J. Watanabe: granting 111 Motion for Protective Order; Status Conference held on 12/1/2008; Final Pretrial Conference set for 6/19/2009 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (Court Reporter FTR Ellen Miller.) (erv, )

Dec. 1, 2008

Dec. 1, 2008

RECAP
130

PROTECTIVE ORDER Signed by Magistrate Judge Michael J. Watanabe on 12/01/08. (erv, )

Dec. 1, 2008

Dec. 1, 2008

RECAP
14

STIPULATION for Extension of Time for Defendants to Respond to First Amended Complaint by Defendants Patricia Gabow, Patricia (I) Gabow, Denver Health. (Johnson, Brent) Modified on 2/27/2007 to add Ms. Gabow in individual capacity as filer. (gmssl, ). (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

134

MINUTE ORDER denying 120 Plaintiff's Motion for Reconsideration for Protective Order and to Stay All Proceedings and Certification of Compliance with D.C.COLO.LCivR 7.1(A) by Magistrate Judge Michael J. Watanabe on 12/18/08.(erv, )

Dec. 18, 2008

Dec. 18, 2008

RECAP
15

Utility Setting/Resetting Deadlines/Hearings: Patricia Gabow answer due 3/26/2007; Denver Health answer due 3/26/2007; Patricia (I) Gabow answer due 3/26/2007, pursuant to the stipulation filed this date. Text only entry − no document attached. (gms, ) (Entered: 02/27/2007)

Feb. 26, 2007

Feb. 26, 2007

17

MOTION to Dismiss First Amended Complaint by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Johnson, Brent) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

140

ORDER granting 135 Unopposed Joint Motion for Order To Re-Enter Final Judgment Pursuant To F.R.C.P. 54(b), As Required By The Tenth Circuit, And Proposed Order. Final judgment shall enter in these consolidated cases as follows: DISMISSING WITH PREJU DICE all claims of Plaintiffs Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Odin Gomez, Mekela Ridgeway, Cathie Gordon, and Katie Moore, as provided by the Courts Order dated March 31, 2008; DISMISSING WITH PREJUDICE the claims of Plaintiff Re nee Atwell that were alleged under 42 U.S.C. §§ 1981 and 1983 and under C.R.S. §25-29-107, as provided by the Courts Order dated March 31, 2008; DISMISSING WITH PREJUDICE all claims against Defendants Patricia Gabow, Greg Rossman, and Wendy Alexander, in both their individual and official capacities, as provided by the Courts Order dated March 31, 2008; and DENYING Plaintiffs motion for class certification, as provided in the Courts Order dated February 28, 2008.. Signed by Judge Christine M. Arguello on 1/15/09.(erv, )

Jan. 15, 2009

Jan. 15, 2009

RECAP
18

MINUTE ORDER Plaintiffs shall respond to Defendants Motion to Dismiss First Amended Complaint (doc. #17), filed March 26, 2007, on or before April 16, 2007; defendants shall reply on or before April 30, 2007 by Judge John L. Kane on 03/26/07. (jjh, ) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

19

BRIEF in Opposition re 17 MOTION to Dismiss First Amended Complaint filed by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

20

BRIEF in Support re 17 MOTION to Dismiss First Amended Complaint filed by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A)(Johnson, Brent) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

21

SURREPLY re 17 MOTION to Dismiss First Amended Complaint plaintiffs' request to file this very short supplement to their response in opposition to defendants' motion to dismiss filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit atwell ccrd complaint)(Sulton, Anne) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

23

BRIEF re 22 Order, Set/Reset Hearings request to file this brief in addition to appearing at oral argument given issues raised by court in its order by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit ridgeway eeoc complaint# 2 Exhibit gomez eeoc complaint# 3 Exhibit unpublished decision in villalpando v. denver health)(Sulton, Anne) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

24

Minute Entry − Courtroom Minutes for Hearing on Motion to Dismiss held before Judge John L. Kane on 5/31/2007. ORDERED: Plaintiffs Attorneys Request Permission to File This Brief (Doc. 23) is granted. Plaintiffs may file certain documents within ten days, as set forth on the record. Thereafter, defendants may file a reply to the brief and documents within ten days. Matter is submitted. (Court Reporter Darlene Martinez) (lbush) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

25

TRANSCRIPT of Motions Hearing held on 05/31/07 before Judge Kane. Pages: 1−16. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Martinez, Darlene) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

26

Exhibits in Support of 24 Oral Argument Hearing, 23 Brief, supplement thereto by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit info dh sent to ccrd re atwell's ccrd/eeoc complaint# 2 Exhibit sulton interview notes# 3 Exhibit emails re dh employee complaints# 4 Exhibit memo re gabow policy directive# 5 Exhibit dh doc showing atwell top $ producer# 6 Exhibit atwell 2003 job evaluation# 7 Exhibit atwell job evaluation 2005# 8 Exhibit non−white denist wrong person on bus# 9 Exhibit genesis of right person on bus# 10 Exhibit formal job evaluation penalizes complaining employees# 11 Exhibit no affirmative action plan# 12 Exhibit dh executive staff involved in all terminations# 13 Exhibit gabow interview re dna remark# 14 Exhibit dh info sent to ccrd# 15 Exhibit court cases naming gabow# 16 Exhibit sulton letter to gabow 8/3/05# 17 Exhibit sulton letter to gabow 8/4/05# 18 Exhibit dh eeo finding re atwell office# 19 Exhibit atwell complaint about nurse as her supervisor# 20 Exhibit dh doc prohibiting employee complaints before board# 21 Exhibit typical dh board agenda# 22 Exhibit atwell ccrd right to sue letter# 23 Exhibit atwell eeoc right to sue letter# 24 Exhibit june 1 2007 eeoc letter re hochberg)(Sulton, Anne) (Entered: 06/10/2007)

June 10, 2007

June 10, 2007

28

MINUTE ORDER With regard to Doc. #27, Plaintiff shall submit the original Greg Hall interview notes together with an affidavit at to their authenticity, veracity and when they were made no later than 06/22/07 by Judge John L. Kane on 06/18/07. (jjh, ) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

29

RESPONSE to 28 Order, PLAINTIFFS RESPONSE TO COURTS JUNE 18, 2007 ORDER AND REQUEST TO FILE UNDER SEAL FOR IN CAMERA REVIEW OF CONFIDENTIAL OR PRIVILEGED INFORMATION by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Affidavit Affidavit of Attorney Gregory A. Hall)(Hall, Gregory) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

30

Unopposed MOTION For Extension of Time to Respond to Documents Submitted by Plaintiffs by Defendants Patricia Gabow, Patricia (I) Gabow. (Johnson, Brent) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

31

Minute ORDER Denying Plaintiff's Request to File Under Seal for In Camera Review (doc. 29). Order granting Defendant's Unopposed 30 Motion for Extension of Time to Respond to Documents Submitted by Plaintiffs by 07/02/07 by Judge John L. Kane on 06/25/07.(jjh, ) (Entered: 06/26/2007)

June 25, 2007

June 25, 2007

32

MOTION for Recusal by Plaintiff Renee Atwell. (Attachments: # 1 Affidavit attorney anne t. sulton affidavit# 2 Exhibit email to sulton from plaintiff hochberg)(Sulton, Anne) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

33

BRIEF in Support re 32 MOTION for Recusal filed by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 07/01/2007)

July 1, 2007

July 1, 2007

34

BRIEF in Support re 32 MOTION for Recusal affidavit of art atwell re his observation of may 31, 2007 hearing filed by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

35

MINUTE ORDER Defendants shall respond to Plaintiff's Motion for Recusal (doc. 32) by 07/13/07 by Judge John L. Kane on 07/02/07. (jjh, ) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

36

RESPONSE to 26 Exhibits 29 Response, 23 Brief, 27 Exhibits by Defendant Patricia Gabow. (Attachments: # 1 Continuation of Main Document Britton v Car Toys class action decision)(Johnson, Brent) Modified on 7/3/2007 to clean up docket entry(jjh, ). (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

37

RESPONSE to Motion re 32 MOTION for Recusal filed by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A)(Johnson, Brent) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

39

NOTICE from USCA re: A petition for extraordinary writ (mandamus) was docketed today, filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg (bjrsl, ) (Entered: 08/06/2007)

Aug. 3, 2007

Aug. 3, 2007

41

MOTION to Consolidate Cases 07−cv−02063 into Civil Action No. 06−cv−02262 by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Johnson, Brent) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

42

RESPONSE to Motion re 41 MOTION to Consolidate Cases 07−cv−02063 into Civil Action No. 06−cv−02262 filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit email communication between counsel for the parties)(Sulton, Anne) (Entered:

Oct. 9, 2007

Oct. 9, 2007

44

AMENDED 28 Order, AMENDED RESPONSE TO JUNE 18, 2007 ORDER by Plaintiff Renee Atwell. (Attachments: # 1 Affidavit Hall's Affidavit, # 2 Exhibit Exhibit 1 − Phone Log, # 3 Exhibit Exhibit 2 − Outlook Profiles, # 4 Exhibit Exhibit 3 − Timeslip Entries)(Hall, Gregory) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

45

MOTION to Dismiss Amended Complaint Filed by Plaintiffs Gomez, Ridgeway, Gordon and Moore in Consolidated Case 07−CV−2063 by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendant Wendy Alexander, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Johnson, Brent) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

47

BRIEF in Opposition re 45 MOTION to Dismiss Amended Complaint Filed by Plaintiffs Gomez, Ridgeway, Gordon and Moore in Consolidated Case 07−CV−2063 filed by Consol Plaintiff Odin Gomez, Cathie Gordon, Katie Moore, and Mekela Ridgeway. (Sulton, Anne) Modified on 11/19/2007 to add filers (sss, ). (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

48

Docket Annotation re: 47 Brief in Opposition to Motion. Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

49

RESPONSE to 28 Order, SECOND AMENDED RESPONSE by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Affidavit Gregory A. Hall's Affidavit, # 2 Exhibit Ex 1 − Hall's Phone Notes, # 3 Exhibit Ex 2 − Hall's Outlook Profiles, # 4 Exhibit Ex 3 − Hall's Timeslips)(Hall, Gregory) (Entered: 11/23/2007)

Nov. 23, 2007

Nov. 23, 2007

50

MINUTE ORDER: In accordance with the Tenth Circuit Court of Appeals 46 Order, Plaintiffs in 06−cv−2262 shall submit the original Gregory Hall interview notes on or before 12/6/07, by Judge John L. Kane on 11/29/07. (sss, ) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

51

MOTION for Extension of Time to File Response/Reply Brief in Consolidated Case 07−CV−2063 to Motion 45 to Dismiss by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendants Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Johnson, Brent) Modified on 12/4/2007 to create linkage (sss, ). (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

52

Docket Annotation re: 51 MOTION for Extension of Time to File Response/Reply Brief in Consolidated Case 07−CV−2063. Docket entry modified to create linkage. Text only entry − no document attached (sss, ) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

53

MINUTE ORDER: Plaintiff shall file response to Defendants' 51 MOTION for Four−Day Extension of Time to File Reply Brief in Consolidated Case 07−cv−2063 by 12/6/07, by Judge John L. Kane on 12/4/07. (sss, ) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

54

RESPONSE to Motion re 51 MOTION for Extension of Time to File Response/Reply Brief in Consolidated Case 07−CV−2063 Gomez et al v. Gabow et al and filed on behalf of all Plaintiffs filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit E−mails re previous extension requests, # 2 Exhibit website pages from fwlaw.com)(Sulton, Anne) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

57

REPLY to Response to Motion re 45 MOTION to Dismiss Amended Complaint Filed by Plaintiffs Gomez, Ridgeway, Gordon and Moore in Consolidated Case 07−CV−2063 filed by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendants Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Johnson, Brent) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

58

MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Attachments: # 1 Affidavit Anne Sulton, # 2 Affidavit Odin Gomez Affidavit 1/6/08, # 3 Affidavit Odin Gomez EEOC, # 4 Affidavit Mekela Ridgeway EEOC, # 5 Exhibit DH Board Agenda, # 6 Exhibit DH Organizational Chart, # 7 Exhibit Gabow Policies, # 8 Exhibit Commonwealth Fund Report excerpt, # 9 Exhibit DH nurse evaluation form, # 10 Exhibit DH evaluation form for psychologists, # 11 Exhibit DH job application form from website, # 12 Exhibit Atwell right to sue letter, # 13 Exhibit DH attorney Green letter to CCRD)(Sulton, Anne) Modified on 1/8/2008 to add filers (sss, ). (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

59

MINUTE ORDER: Oral argument set for 1/10/2008 is vacated. Defendant shall respond to 58 MOTION to Certify Class on or before 1/28/2008. Plaintiff shall reply on or before 2/8/2008, by Judge John L. Kane on 1/7/08. (sss, ) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

60

Docket Annotation re: 58 MOTION to Certify Class. Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

61

NOTICE of Entry of Appearance by Andrew Wayne Volin on behalf of all defendants (Volin, Andrew) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

62

NOTICE of Entry of Appearance by Theodore Alan Olsen on behalf of all defendants (Olsen, Theodore) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

63

BRIEF in Opposition re 58 MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs filed by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendants Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit E−1, # 7 Exhibit E−2, # 8 Exhibit E−3, # 9 Exhibit E−4, # 10 Exhibit E−5, # 11 Exhibit E−6, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N)(Johnson, Brent) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

64

ERRATA re 63 Brief in Opposition to Motion,,, for Class Certification by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Exhibit P−1)(Johnson, Brent) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

65

REPLY to Response to Motion re 58 MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Attachments: # 1 Exhibit Gomez talent plus scores, # 2 Affidavit Terry Lee, # 3 Exhibit Attachment to Terry Lee Affidavit)(Sulton, Anne) Modified on 2/12/2008 to add filers (sss, ). (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

66

Affidavit of Katie Moore (REPLY) in support of 65 Reply filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Sulton, Anne) Modified on 2/12/2008 to clarify docket entry as attached pdf is only an affidavit, to delete linkage to Motion to Certify Class, add linkage to Reply to Motion to Certify Class, and to add filers (sss, ). (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

67

Affidavits bearing original signatures and clearer copy of the exbihit attached to Terry Lee's affidavit (REPLY) in support of 65 Reply filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Attachments: # 1 Exhibit attachment to Terry Lee's affidavit 2 8 2008, # 2 Affidavit Katie Moore with signature page)(Sulton, Anne) Modified on 2/12/2008 to clarify docket entry as attached PDFs are not the reply brief, to add linkage to Reply, to remove linkage to Motion to Certify Class, and to add filers (sss, ). (Entered: 02/10/2008)

Feb. 10, 2008

Feb. 10, 2008

68

Docket Annotation re: 65 Reply to Response to Motion. Docket entry modified to add filers. 66 Reply to Response to Motion and 67 Reply to Response to Motion. Docket entries modified clarify docket titles as attached PDFs are not the reply brief, to add linkage to Reply, to remove linkage to Motion to Certify Class, and to add filers. Text only entry − no document attached (sss, ) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

69

Unopposed MOTION to Supplement 63 Brief in Opposition to Motion by Consol Defendant Denver Health and Hospital Authority, Patricia Gabow, Denver Health, Greg Rossman, Wendy Alexander. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2 Attachment to Supplement, # 3 Proposed Order (PDF Only) Proposed Order)(Olsen, Theodore) Modified on 2/19/2008 to add filers (sss, ). (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

70

REPLY to Response to Motion re 58 MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs Plaintiffs' Reply to Defendants' Supplemental Response to Plaintiffs' Motion for Class Certification filed by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit Talent Plus questions)(Sulton, Anne) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

71

Docket Annotation re: 69 Unopposed MOTION to Supplement 63 Brief in Opposition to Motion. Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

72

MINUTE ORDER granting Defendants' 69 Unopposed Motion for Leave to File Supplement to Response in Opposition to Plaintiffs' Motion for Class Certification. The Supplemental Response is accepted for filing, by Judge John L. Kane on 2/28/08.(sss, ) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

73

Supplement (SURREPLY) to Defendants' Response in Opposition to Plaintiffs' 58 MOTION for Class Certification filed by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit Case Law)(sss, ) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

75

NOTICE of Rule 23(f) petition for permission to file appeal by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg (Sulton, Anne) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

78

NOTICE OF APPEAL as to 76 Order granting motions to dismiss and 74 Order denying motion for class certification, by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg (Sulton, Anne) Modified on 4/2/2008 to create links to orders being appealed. (bjr2, ). (Entered: 04/01/2008)

April 1, 2008

April 1, 2008

79

MINUTE ORDER: Scheduling Conference set for 5/28/2008 02:00 PM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 4/1/08. (Attachments: # 1 Pretrial and Trial Procedures)(sss, ) (Entered: 04/01/2008)

April 1, 2008

April 1, 2008

80

Docket Annotation re: 78 Notice of Appeal as to 76 Order granting motions to dismiss and 74 Order denying motion for class certification by Odin Gonez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Renee Atwell Vivian Bradley, Terry Lee, Yvette Martinez Hochberg : The Notice of Appeal docket entry was modified to create links to the orders being appealed. Text only entry − no document attached (bjr2, ) Modified on 4/2/2008 to add correct appellants.(bjr2, ). (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

81

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon to the U.S. Court of Appeals. (Retained counsel; Fees not paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal, # 3 Consolidated case Docket Sheet − 07−cv−02063)(bjr2, ) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

82

USCA Appeal Fees (USCA Case No. Unknown); received $ 455 receipt number 8875 re 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon (bjr2, ) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

83

USCA Case Number 08−1107 for 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon. Appeal fees paid 04/03/08. (bjr2, ) (Entered: 04/04/2008)

April 3, 2008

April 3, 2008

84

Joint MOTION for Entry of Judgment under Rule 54(b) by Defendant Patricia Gabow, Patricia (I) Gabow, Denver Health, Denver Health and Hospital Authority, Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander . (Johnson, Brent) Modified on 4/14/2008 to add filers(sss, ). (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

85

Docket Annotation re: 84 Joint MOTION for Entry of Judgment under Rule 54(b). Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

86

ANSWER to 13 Amended Complaint by Denver Health and Hospital Authority.(Johnson, Brent) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

88

RESPONSE TO 76 ORDER TO SHOW CAUSE by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit verifications)(Sulton, Anne) Modified on 4/17/2008 to add linkage to Doc. 76 order (sss, ). (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

89

Docket Annotation re: 88 Response to Order to Show Cause. Docket entry modified to add linkage to Doc. 76 order. Text only entry − no document attached (sss, ) (Entered: 04/17/2008)

April 17, 2008

April 17, 2008

90

TRANSCRIPT ORDER FORM re 78 Notice of Appeal, no transcript needed by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg

April 21, 2008

April 21, 2008

91

LETTER TO USCA and all counsel certifying the record is complete as to 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon. ( Appeal No. 08−1107) (bjr2, ) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

93

LETTER Transmitting to US Court of Appeals Supplemental Preliminary Record : Judgment dated 04/21/08 as to 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon. (Attachments: # 1 Docket Sheet, # 2 Supplemental Preliminary Record − Judgment)(bjr2, ) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

94

Unopposed MOTION to Withdraw as Attorney by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander, Defendants Denver Health and Hospital Authority, Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion for Leave to Withdraw)(Olsen, Theodore) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

95

ORDER granting 94 Unopposed Motion for Leave to Withdraw. Attorney Theodore Alan Olsen and Andrew Wayne Volin terminated. Signed by Judge John L. Kane on 5/14/08.(sss, ) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

96

Proposed Scheduling Order and Discovery Order by Defendants Denver Health and Hospital Authority, Denver Health, Plaintiff Renee Atwell. (Johnson, Brent) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

97

Unopposed MOTION to Reset may 28, 2008 scheduling conference by Plaintiff Renee Atwell. (Attachments: # 1 Proposed Order (PDF Only))(Sulton, Anne) (Entered: 05/26/2008)

May 26, 2008

May 26, 2008

98

MINUTE ORDER granting 97 Unopposed Motion to Re−Set Scheduling Conference. The Scheduling Conference set for 5/28/2008 is vacated, by Judge John L. Kane on 5/27/2008.(sss, ) (Entered: 05/27/2008)

May 27, 2008

May 27, 2008

99

MINUTE ORDER: Scheduling Conference reset for 7/1/2008 02:00 PM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 6/25/2008. (sss, ) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Key Dates

Filing Date: Nov. 13, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individualized plaintiffs, both current and former working at the Denver Health and Hospital Authority.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Denver Health and Hospital Authority (Denver, Denver), State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Supremacy Clause

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

None yet

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Accommodation / Leave

Discipline

Harassment / Hostile Work Environment

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Seniority

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

Affected Gender:

Female

Male