Case: Barber v. Deptartment of Revenue

1:05-cv-00807 | U.S. District Court for the District of Colorado

Filed Date: May 2, 2005

Closed Date: May 7, 2009

Clearinghouse coding complete

Case Summary

Two minors and their mother and their mother sued the Colorado Department of Motor Vehicles. Colorado law required that a teenager log a certain amount of hours driving under the supervision of a licensed parent or guardian. Because the mother is blind, she was unable to supervise her daughters' driving. The girls' father did not have custody and lived out of state, leaving no qualified adult to supervise them in completeing the requirements for a driver's license. The plaintiffs claimed that…

Two minors and their mother and their mother sued the Colorado Department of Motor Vehicles. Colorado law required that a teenager log a certain amount of hours driving under the supervision of a licensed parent or guardian. Because the mother is blind, she was unable to supervise her daughters' driving. The girls' father did not have custody and lived out of state, leaving no qualified adult to supervise them in completeing the requirements for a driver's license.

The plaintiffs claimed that the defendants failed to make a reasonable modification of Colorado law, which violated Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

The plaintiffs sought a declaration that the defendants had violated the federal statutes, an injunction against the defendants' further discrimination, monetary compensation, attorney's fees and costs, and other equitable relief.

Under Colorado law, individuals who are 16 can apply for a minor's driver's license provided they have logged 50 hours of driving experience with their learner's permit, under the supervision of a qualified adult. C.R.S. §§ 42-2-104(1)(c) & 106(1)(a). Another statute, C.R.S. § 42-2-106(b) (2004), restricts minors with learners' permits to driving under the supervision of "a parent, stepparent, or guardian with a valid driver's license."

On May 27, 2005, the legislature amended § 42-2-106(b) (2004) to include grandparents with powers of attorney as acceptable supervisory drivers, but the mother stated she would not relinquish her parental rights to her daughters' grandfather. Thus again, under the amended statute there was no eligible driver for supervision. On August 10, 2005 the DMV allowed the mother to sign a "designation" giving the grandfather permission to supervise but indicating that she was "in no way relinquishing any parental rights."

On October 17, 2005, in an unpublished order, the District Court dismissed the individual claims of the minor named plaintiffs because they were not themselves disabled. Although they had an association with their mother, who is disabled, there was no employment relationship with the defendant, which is required for "associational disability" claims. The court permitted the organizational plaintiffs and the mother to continue the lawsuit.

On January 04, 2006, the court granted the plaintiffs' motion to reconsider its previous opinion and reinstated the minors as named plaintiffs. The court held that a party, although not herself disabled, may assert claims under Title II of the ADA and under the Rehabilitation Act for discrimination against a disabled person that directly injures that party.

The older daughter obtained her driver's license on November 14, 2005, two months after she turned 16. She claimed compensatory damages because of the two-month delay and because she had not been able to experience driving under different road conditions over the previous year, having compressed her entire learning experience into two months.

On July 1, 2006, the legislature further amended the statute to allow the appointment of an alternate permit supervisor who holds a valid Colorado driver's license and is twenty-one years or older, without any relinquishing of parental rights or power of attorney over the child. Nonetheless, the plaintiffs continued the lawsuit.

On May 14, 2007, the court granted the defendants' motion for summary judgment in an unpublished opinion, 2007 WL 1430103. The court found that after the amended statute mooted the claims for equitable relief, the only remaining claim was for compensatory damages under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. However, because the plaintiffs could not prove that the defendants acted intentionally -- i.e. with "deliberate indifference to the strong likelihood that pursuit of its questioned policies will likely result in a violation of federally protected rights," they could not sustain a claim for damages. The court denied the plaintiffs' motion to reconsider in an unpublished opinion on June 21, 2007.

Appeal

In a published opinion on April 15, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court order granting summary judgment to the defendants. Barber v. Colorado, Dept. of Revenue, 562 F.3d 1222 (9th Cir. 2009). The Ninth Circuit agreed that the plaintiffs failed to prove intent as the Rehabilitation Act required. Especially relevant were the facts that the DMV offered reasonable accommodation by allowing the mother to designate the grandfather as a supervisor and that the DMV was aware the state legislature was progressing towards amendment. The Court of Appeals' mandate on is the final entry on the district court docket, on May 7, 2009.

Summary Authors

Eric Weiler (5/18/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4713252/parties/barber-v-department-of-revenue/


Judge(s)

Blackburn, Robert E. (Colorado)

Ebel, David M. (Colorado)

Gorsuch, Neil M. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Krichiver, Ari Reuben (Colorado)

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Judge(s)

Blackburn, Robert E. (Colorado)

Ebel, David M. (Colorado)

Gorsuch, Neil M. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Krichiver, Ari Reuben (Colorado)

Lucas, Carrie Ann (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

McCann, Elizabeth H. (Colorado)

Quinn, James Xavier (Colorado)

Suthers, John W. (Colorado)

Documents in the Clearinghouse

Document

Docket - Court of Appeals

Barber v. Department of Revenue

U. S. Court of Appeals for the Tenth Circuit

Feb. 6, 2008 Docket

Docket - District Court

Barber v. Department of Revenue

May 7, 2009 Docket
11

Memorandum Brief In Support of Defendants' Motion to Dismiss

Barber v. Department of Revenue

July 11, 2005 Pleading / Motion / Brief
17

Memorandum In Opposition to Defendants' Motion to Dismiss

Barber v. Department of Revenue

2005 WL 2836883

Aug. 31, 2005 Pleading / Motion / Brief
24

Defendants' Reply To Memorandum In Opposition To Defendants' Motion To Dismiss

Barber v. Department of Revenue

2005 WL 2836891

Sept. 22, 2005 Pleading / Motion / Brief
25

Order Granting In Part And Denying In Part Defendants' Motion To Dismiss [The Claims Of Julianna And Madeline Barber]

Barber v. Department of Revenue

2005 WL 2657885

Oct. 17, 2005 Order/Opinion
26

Plaintiffs' Motion To Reconsider The Court's Ruling Dismissing The Claims Of Julianna And Madeline Barber

Barber v. Department of Revenue

2005 WL 3337194

Oct. 25, 2005 Pleading / Motion / Brief
33

[Defendants'] Response To Plaintiffs' Motion To Reconsider [The Court's Ruling Dismissing The Claims Of Julianna And Madeline Barber]

Barber v. Department of Revenue

Nov. 25, 2005 Pleading / Motion / Brief
34

Plaintiffs' Reply Brief In Support Of Motion To Reconsider [Defendants'] Response To Plaintiffs' Motion To Reconsider [The Court's Ruling Dismissing The Claims Of Julianna And Madeline Barber]

Barber v. Department of Revenue

Dec. 9, 2005 Pleading / Motion / Brief
36

Second Amended And Supplemental Complaint

Barber v. Department of Revenue

2006 WL 396563

Jan. 20, 2006 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4713252/barber-v-department-of-revenue/

Last updated May 20, 2022, 2:07 a.m.

ECF Number Description Date Link
25

ORDER granting in part and denying in part 10 First MOTION to Dismiss by Defendant. The motion is granted with respect to the claims brought on behalf of Julianna and Madeline Barker, as well as any claim for punitive damages, those claims are dism issed with prejudice. That Julianna Barber and Madeline Barber are dropped as plaintiffs. The motion is granted insofar as plas will be required to replead; pla file an amended complaint by 11/7/05. The motion is otherwise denied. Signed by Judge Robert E. Blackburn on 10/17/05. (dlb, ) (Modified on 10/18/2005 to correct typo) (dlb, ).

Oct. 17, 2005 RECAP
1

COMPLAINT and jury demand against Department of Revenue (Filing fee $ 250 #259833) , filed by American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition.(bpm, ) (Entered: 05/03/2005)

May 2, 2005

Summons Issued as to Department of Revenue. (bpm, ) (Entered: 05/03/2005)

May 2, 2005
35

ORDER granting 26 MOTION for Reconsideration re 25 Order on Motion to Dismiss,, Claims of Julianna and Madeline Barber by Plaintiffs. Julianna Barber and Madeline Barber are REINSTATED as named parties. Plas shall file amended complaint by 1/20/06 re 7 Amended Complaint. Signed by Judge Robert E. Blackburn on 1/4/06. (dlb, )

Jan. 4, 2006 RECAP
2

MOTION for leave to Amend 1 Complaint by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (dlb, ) (Entered: 05/05/2005)

May 4, 2005
48

Trial Preparation Conference ORDER: Jury Trial set for 3/5/2007 08:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 2/16/2007 at 09:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 4/14/06. (gms, )

April 14, 2006 RECAP

TENDERED Amended Complaint to 2 MOTION for leave to Amend 1 Complaint by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (dlb, ) (Entered: 05/05/2005)

May 4, 2005
51

MINUTE ORDER: VACATING Settlement Conference set for 05/24/2006 by Magistrate Judge Craig B Shaffer on 5/17/06. (dln, )

May 17, 2006 RECAP
55

ORDER OF DISMISSAL: re: 52 STIPULATION of Dismissal Without Prejudice of Certain Claims by Plaintiffs. Dismissing without prejudice all claims under Title II of the Americans with Disabilities Act and all claims of plaintiffs, Madeline Barber, the Colorado Cross-Disability Coalition and the American Council of the Blind of Colorado, Inc. Signed by Judge Robert E. Blackburn on 7/24/06. (dln, )

July 24, 2006 RECAP
3

ORDER REFERRING CASE to Magistrate Judge Craig B Shaffer by Judge Blackburn. (dlb, ) (Entered: 05/05/2005)

May 4, 2005
56

MINUTE ORDER granting 53 Joint MOTION to Amend/Correct/Modify 50 Scheduling Order. Rule 26(a)(2) affirmative disclosures by 8/25/06; Rebuttal expert disclosures by 9/22/06 by Magistrate Judge Craig B Shaffer on 7/25/06. (dln, )

July 25, 2006 RECAP
4

MEMORANDUM referring to Magistrate Judge Shaffer : 2 MOTION for leave to Amend 1 Complaint by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability

May 5, 2005
6

MINUTE ORDER granting 2 MOTION for leave to Amend 1 Complaint by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition by Magistrate Judge Craig B Shaffer on 5/10/05. (dlb, ) (Entered: 05/11/2005)

May 10, 2005
73

SECOND TRIAL PREPARATION CONFERENCE ORDER, Reset Hearings: FOUR DAY Jury Trial set for 6/25/2007 08:30 AM in Courtroom A 701 before Judge Robert E. Blackburn.,Trial Preparation Conference set for 6/8/2007 at 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 2/20/07. (erv, )

Feb. 20, 2007 RECAP
7

AMENDED COMPLAINT against M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Department of Revenue , filed by American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition.(dlb, ) (Entered: 05/11/2005)

May 10, 2005
74

ORDER granting 61 Dfts Motion for Summary Judgment. That plaintiffs' sole remaining claim for compensatory damages under the Rehabilitation Act is DISMISSED WITH PREJUDICE; That judgment SHALL ENTER on behalf of defendants, State of Colorado,. Signed by Judge Robert E. Blackburn on 5/14/07.(erv, )

May 14, 2007 RECAP
79

MINUTE ORDER granting 77 Dfts Motion for Costs and they are awarded $673.30 in costs; finding as moot 78 Motion to Vacate ; finding as moot 78 Motion for Costs, by Judge Robert E. Blackburn on 6/12/07.(erv, )

June 12, 2007 RECAP
8

NOTICE of Appearance by Kevin William Williams on behalf of plaintiffs (dlb, ) (Entered: 05/13/2005)

May 12, 2005
87

ORDER denying 76 Pla's Motion for Reconsideration and Alter Judgment. Signed by Judge Robert E. Blackburn on 1/24/08.(erv, )

Jan. 24, 2008 RECAP
9

Amended CERTIFICATE of Mailing by Clerk of Court re 5 MINUTE ORDER setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning meeting set for 8/16/2005 09:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 5/10/05. (dlb, ) (Entered: 05/18/2005)

May 17, 2005
10

First MOTION to Dismiss by Defendants Department of Revenue, Motor Vehicle Division, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool. (McCann, Elizabeth) (Modified on 7/13/2005 to add filer) (dlb, ). (Entered: 07/11/2005)

July 11, 2005
11

BRIEF in Support re 10 First MOTION to Dismiss filed by Defendants Department of Revenue, Motor Vehicle Division, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool. (Attachments: # 1 Exhibit A# 2 Exhibit B)(McCann, Elizabeth) (Modified on 7/13/2005 to add filer) (dlb, ). (Entered: 07/11/2005)

July 11, 2005
12

Unopposed MOTION for Leave to File Excess Pages by Defendants Department of Revenue, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool. (Attachments: # 1 Proposed Order (PDF Only))(McCann, Elizabeth) (Entered: 07/11/2005)

July 11, 2005
13

ORDER granting 12 Unopposed MOTION for Leave to File Excess Pages by Defendants. Signed by Judge Robert E. Blackburn on 7/12/05. (dlb, ) (Entered: 07/12/2005)

July 12, 2005
14

Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Robertson, Amy) (Entered: 07/13/2005)

July 13, 2005
15

ORDER granting 14 Motion for Extension of Time to File Response to 8/31/05 re: 10 First MOTION to Dismiss by Defendants Department of Revenue, Motor Vehicle Division, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool by Judge Robert E. Blackburn on 7/13/05. (dlb, ) (Entered: 07/13/2005)

July 13, 2005
16

MINUTE ORDER: Scheduling conference set for August 16, 2005, and all related deadlines are VACATED. ORDERED that parties are to submit a status report with the court within seventy−two (72) hours of receiving a decision by District Judge Blackburn on the dispositive motions by Magistrate Judge Craig B Shaffer on 8/9/05. (dlb, ) (Entered: 08/09/2005)

Aug. 9, 2005
17

BRIEF in Opposition re 10 First MOTION to Dismiss filed by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Robertson, Amy) (Entered: 08/31/2005)

Aug. 31, 2005
18

MOTION for Leave to File Excess Pages by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 08/31/2005)

Aug. 31, 2005
19

ORDER granting Plas' Unopposed 18 Motion for Leave to Exceed Page Limitation for Memorandum in Opposition to Defts' Motion to Dismiss, memorandum not to exceed 26 pages . Signed by Judge Robert E. Blackburn on 9/1/05. (gms, ) (Entered: 09/01/2005)

Sept. 1, 2005
20

Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Brief in Opposition to Motion to Dismiss by Defendants Department of Revenue, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Attachments: # 1 Proposed Order (PDF Only))(McCann, Elizabeth) (Entered: 09/12/2005)

Sept. 12, 2005
21

MINUTE ORDER denying 20 Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Brief in Opposition to Motion to Dismiss by Defendants by Judge Robert E. Blackburn on 9/12/05. (dlb, ) (Entered: 09/12/2005)

Sept. 12, 2005
22

Second MOTION for Extension of Time to File Reply to 9/22/05 10 First MOTION to Dismiss by Defendants Department of Revenue, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Attachments: # 1 Proposed Order (PDF Only))(McCann, Elizabeth) (Modified on 9/13/2005 to correct linkage)(dlb, ). (Entered: 09/12/2005)

Sept. 12, 2005
23

MINUTE ORDER granting 22 Second MOTION for Extension of Time to File Reply to 9/22/05 10 First MOTION to Dismiss by Defendant by Judge Robert E. Blackburn on 9/13/05. (dlb, ) (Entered: 09/13/2005)

Sept. 13, 2005
24

REPLY to Response to Motion re 10 First MOTION to Dismiss filed by Defendants Department of Revenue, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Quinn, James) (Entered: 09/22/2005)

Sept. 22, 2005
26

MOTION for Reconsideration re 25 Order on Motion to Dismiss,, Claims of Julianna and Madeline Barber by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Robertson, Amy) (Entered: 10/25/2005)

Oct. 25, 2005
27

NOTICE of Entry of Appearance by Carrie Ann Lucas on behalf of all plaintiffs (Lucas, Carrie) (Entered: 11/01/2005)

Nov. 1, 2005
28

Unopposed MOTION to Continue Deadline to File Amended Complaint re: 7 AMENDED COMPLAINT and 26 MOTION for Reconsideration re 25 Order on Motion to Dismiss,, Claims of Julianna and Madeline Barber by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Modified on 11/3/2005 to add linkage) (dlb, ). (Entered: 11/02/2005)

Nov. 2, 2005
29

MEMORANDUM referring to Magistrate Judge Shaffer : 28 Unopposed MOTION to Continue Deadline to File Amended Complaint filed by American Council of the Blind of Colorado, Inc., Colorado Cross−Disability Coalition, Julianna Barber, Marcia Barber, Madeline Barber, by Judge Robert E. Blackburn on 11/2/05. (Text Only Entry − No Document Attached) (rebsec, ) (Entered: 11/02/2005)

Nov. 2, 2005
30

MINUTE ORDER granting 28 Unopposed MOTION to Continue Deadline to File Amended Complaint re: 7 AMENDED COMPLAINT and 26 MOTION for Reconsideration re 25 Order on Motion to Dismiss re: Claims of Julianna and Madeline Barber by Plaintiffs. Pla's shall file amended complaint within two weeks of ruling by Magistrate Judge Craig B Shaffer on 11/2/05. (dlb, ) (Entered: 11/03/2005)

Nov. 2, 2005
31

Unopposed MOTION For Extension of Time to Respond to Motion to Reconsider by Defendants Department of Revenue, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Attachments: # 1 Proposed Order (PDF Only))(Quinn, James) (Entered: 11/14/2005)

Nov. 14, 2005
32

ORDER granting to 11/24/05 31 Unopposed MOTION For Extension of Time to Respond to Motion to Reconsider by Defendants . Signed by Judge Robert E. Blackburn on 11/15/05. (dlb, ) (Entered: 11/15/2005)

Nov. 15, 2005
33

RESPONSE to Motion re 26 MOTION for Reconsideration re 25 Order on Motion to Dismiss,, Claims of Julianna and Madeline Barber filed by Defendants Department of Revenue, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Quinn, James) (Entered: 11/25/2005)

Nov. 25, 2005
34

REPLY to Response to Motion re 26 MOTION for Reconsideration re 25 Order on Motion to Dismiss,, Claims of Julianna and Madeline Barber filed by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Attachments: # 1 Exhibit Proposed Second Amended and Supplemental Complaint)(Robertson, Amy) (Entered: 12/09/2005)

Dec. 9, 2005
36

SECOND AMENDED AND SUPPLEMENTAL COMPLAINT against all defendants, filed by American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition.(Robertson, Amy) (Modified on 1/23/2006 to correct entry) (dlb, ). (Entered: 01/20/2006)

Jan. 20, 2006
37

Docket Annotation re: Party Julianna Barber rep by Amy Farr Robertson, and Madeline Barber rep by Amy Farr Robertson added. Party Joan (I) Vecchi, and Joan Vecchi added. Party Steve Tool and Steve (I) Tool terminated pursuant to the filing of Second Amended and Supplemental Complaint, #36 on 1/20/06. Text only entry − no document attached. (dlb, ) (Entered: 01/23/2006)

Jan. 23, 2006
38

STIPULATION for Enlargement of Time to Answer Complaint by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Julianna Barber, Madeline Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition, Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Quinn, James) (Entered: 02/03/2006)

Feb. 3, 2006
39

Utility Setting/Resetting Deadlines/Hearings: Defendants' answers due 2/17/2006. Text only entry − no document attached. (dlb, ) (Entered: 02/06/2006)

Feb. 3, 2006
40

ANSWER to Amended Complaint by Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Motor Vehicle Division.(Quinn, James) (Entered: 02/17/2006)

Feb. 17, 2006
41

STATUS REPORT Joint Status Report by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Julianna Barber, Madeline Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Robertson, Amy) (Entered: 02/24/2006)

Feb. 24, 2006
42

Joint MOTION for Hearing/Conference (Scheduling Conference) by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Robertson, Amy) (Entered: 02/24/2006)

Feb. 24, 2006
44

MINUTE ORDER granting 42 Joint MOTION for Hearing/Conference (Scheduling Conference). Scheduling Conference set for 3/15/06 at 4:00 p.m. in Courtroom A−402. Signed by Magistrate Judge Craig B Shaffer on 2/27/06. (dlb, ) (Entered: 02/27/2006)

Feb. 27, 2006
45

Utility Setting/Resetting Deadlines/Hearings: Scheduling Conference set for 3/15/2006 04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Text only entry − no document attached. (dlb, ) (Entered: 02/27/2006)

Feb. 27, 2006
46

MINUTE ORDER resetting Scheduling Conference set for 4/14/2006 03:45 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 3/3/06. (dlb, ) (Entered: 03/03/2006)

March 3, 2006
47

Proposed Scheduling Order by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Julianna Barber, Madeline Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Robertson, Amy) (Entered: 04/12/2006)

April 12, 2006
49

Minute Entry for proceedings held before Judge Craig B Shaffer : Scheduling Conference held on 4/14/2006 Discovery due by 9/25/2006. Dispositive Motions due by 10/25/2006. Settlement Conference set for 5/24/2006 03:30 PM before Magistrate Judge Craig B Shaffer. Final Pretrial Conference set for 1/11/2007 10:00 AM before Magistrate Judge Craig B Shaffer. Trial Preparation Conference set for 2/16/2007 at 09:30 AM before Judge Robert E. Blackburn. Jury Trial set for 3/5/2007 08:30 AM before Judge Robert E. Blackburn. (Court Reporter FTR − Ellen Miller.) (gms, ) (Entered: 04/17/2006)

April 14, 2006
50

SCHEDULING ORDER:Signed by Magistrate Judge Craig B Shaffer on 4/14/06. (gms, ) (Entered: 04/17/2006)

April 14, 2006
52

STIPULATION of Dismissal Without Prejudice of Certain Claims by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Julianna Barber, Madeline Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Robertson, Amy) (Entered: 07/19/2006)

July 19, 2006
53

Joint MOTION to Amend/Correct/Modify 50 Scheduling Order by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 07/19/2006)

July 19, 2006
54

MEMORANDUM referring to Magistrate Judge Shaffer : 53 Joint MOTION to Amend/Correct/Modify 50 Scheduling Order filed by American Council of the Blind of Colorado, Inc., Colorado Cross−Disability Coalition, Julianna Barber, Marcia Barber, Madeline Barber, by Judge Robert E. Blackburn on 7/19/06. (Text Only Entry − No Document Attached) (rebsec, ) (Entered: 07/19/2006)

July 19, 2006
57

NOTICE of Entry of Appearance of Timothy Patrick Fox by Amy Farr Robertson on behalf of all plaintiffs (Robertson, Amy) (Entered: 08/07/2006)

Aug. 7, 2006
58

Joint MOTION For Extension of Time to TO FILE BRIEFS RELATING TO DISPOSITIVE MOTIONS by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 10/19/2006)

Oct. 19, 2006
59

MEMORANDUM regarding 58 Joint MOTION For Extension of Time to TO FILE BRIEFS RELATING TO DISPOSITIVE MOTIONS filed by Julianna Barber, Marcia Barber, Madeline Barber, Colorado Cross−Disability Coalition, American Council of the Blind of Colorado, Inc. by Judge Robert E. Blackburn on 10/20/06. (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer (rebsec, ) (Entered: 10/20/2006)

Oct. 20, 2006
60

MINUTE ORDER granting 58 Joint Motion for Extension of Time to file Briefs Relating to Dispositive Motion to on or before 11/8/06, by Magistrate Judge Craig B Shaffer on 10/26/06.(erv, ) (Entered: 10/27/2006)

Oct. 26, 2006
61

MOTION for Summary Judgment by Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Motor Vehicle Division. (Quinn, James) (Entered: 11/08/2006)

Nov. 8, 2006
62

BRIEF in Support re 61 MOTION for Summary Judgment filed by Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Motor Vehicle Division. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K)(Quinn, James) (Entered: 11/08/2006)

Nov. 8, 2006
63

Unopposed MOTION for Leave to File Excess Pages FOR MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Plaintiffs Julianna Barber, Marcia Barber. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 11/27/2006)

Nov. 27, 2006
64

MINUTE ORDER denying 63 Pla's Unopposed Motion for Leave to File Excess Pages in Opposition to Dfts Motion for Summary Judgment, by Judge Robert E. Blackburn on 11/27/06.(erv, ) (Entered: 11/27/2006)

Nov. 27, 2006
65

BRIEF in Opposition re 61 MOTION for Summary Judgment filed by Plaintiffs Julianna Barber, Madeline Barber, Julianna Barber, Madeline Barber. (Attachments: # 1 Exhibit 1: Stipulations# 2 Exhibit 2: M. Barber Depo. Excerpts# 3 Exhibit 3: Tool Depo Excerpts# 4 Exhibit 4: Tool Letter# 5 Exhibit 5: M. Barber Declaration# 6 Exhibit 6: Suthers Depo Excerpts# 7 Exhibit 7: Dodd Letter# 8 Exhibit 8: J. Barber Declaration)(Robertson, Amy) (Entered: 11/28/2006)

Nov. 28, 2006
66

REPLY to Response to Motion re 61 MOTION for Summary Judgment filed by Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Attachments: # 1 Exhibit L)(Quinn, James) (Entered: 12/18/2006)

Dec. 18, 2006
67

NOTICE of Entry of Appearance by Ari Reuben Krichiver on behalf of all plaintiffs (Krichiver, Ari) (Entered: 01/02/2007)

Jan. 2, 2007
68

Proposed Pretrial Order by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition. (Robertson, Amy) (Entered: 01/05/2007)

Jan. 5, 2007
70

PRETRIAL ORDER: Dfts Motion for Summary Judgment is pending before the Court; Discovery has been completed ; Trial is to a Jury estimated to last three days. Signed by Magistrate Judge Craig B Shaffer on 1/11/07. (erv, ) (Entered: 01/11/2007)

Jan. 11, 2007
71

Joint STATUS REPORT for Trial Preparation Conference by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition, Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (McCann, Elizabeth) (Entered: 02/14/2007)

Feb. 14, 2007
72

COURTROOM Minute Entry for proceedings held before Judge Robert E. Blackburn : Trial Preparation Conference set on 2/16/2007 is VACATED without further date.That counsel shall contact the courts administrative assistant, Ms. Susan Schmitz, on Tuesday, February 20, 2007, at 10:00 a.m., to schedule this matter for trial and trial preparation conference. (Court Reporter Suzanne Claar.) (erv, ) (Entered: 02/16/2007)

Feb. 16, 2007
75

JUDGMENT by Clerk in favor of Department of Revenue, Motor Vehicle Division, Joan Vecchi, Joan (I) Vecchi, M. Michael Cooke, M. Michael (I) Cooke against American Council of the Blind of Colorado, Inc., Colorado Cross−Disability Coalition, Julianna Barber, Madeline Barber, Marcia Barber on Dfts Motion for Summary Judgment. Plas sole remaining claim for compensatory damages under the rehabilitation Act is Dismissed With Prejudice. Signed by Stephen P. Ehrlich, Chief Deputy Clerk, on 5/22/07. (erv, ) (Entered: 05/22/2007)

May 22, 2007
76

MOTION for Reconsideration re 74 Order on Motion for Summary Judgment, 75 Clerk's Judgment,, by Plaintiffs Julianna Barber, Julianna Barber, Marcia Barber. (Robertson, Amy) (Entered: 05/29/2007)

May 29, 2007
77

MOTION for Costs by Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Quinn, James) (Entered: 06/01/2007)

June 1, 2007
78

Unopposed MOTION to Vacate 77 MOTION for Costs Hearing , Unopposed MOTION for Costs by Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Motor Vehicle Division. (Attachments: # 1 Proposed Order (PDF Only))(Quinn, James) (Entered: 06/11/2007)

June 11, 2007
80

RESPONSE to Motion re 76 MOTION for Reconsideration re 74 Order on Motion for Summary Judgment, 75 Clerk's Judgment,, filed by Defendants Department of Revenue, Joan (I) Vecchi, Joan Vecchi, M. Michael Cooke, M. Michael (I) Cooke, Steve Tool, Steve (I) Tool, Motor Vehicle Division. (McCann, Elizabeth) (Entered: 06/21/2007)

June 21, 2007
82

MOTION to Withdraw as Attorney by Plaintiffs Julianna Barber, Julianna Barber, Marcia Barber. (Krichiver, Ari) (Entered: 07/24/2007)

July 24, 2007
83

MEMORANDUM regarding 82 MOTION to Withdraw as Attorney filed by Julianna Barber, Marcia Barber by Judge Robert E. Blackburn on 7/25/07 (Text Only Entry − No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer. (rebsec, ) (Entered: 07/25/2007)

July 25, 2007
84

Proposed MOTION for Order to Withdraw as Counsel of Record by Plaintiffs Julianna Barber, Julianna Barber, Marcia Barber. (Krichiver, Ari) (Entered: 07/25/2007)

July 25, 2007
85

Docket Annotation TERMINATING 84 Proposed MOTION for Order to Withdraw as Counsel of Record, This was filed incorrectly as a Motion and it should have been an attached Proposed Order to the Motion in PDF Format Text only entry − no document attached. (erv, ) (Entered: 07/25/2007)

July 25, 2007
86

MINUTE ORDER granting 82 Motion to Withdraw as Attorney. Attorney Ari Reuben Krichiver terminated, by Magistrate Judge Craig B Shaffer on 7/25/07.(erv, ) (Entered: 07/25/2007)

July 25, 2007
88

NOTICE OF APPEAL as to 74 Order, 75 Judgment and 87 Order denying motion to reconsider by Plaintiffs Julianna Barber, Julianna Barber, Marcia Barber (Robertson, Amy) Modified on 2/6/2008 to create a link to the orders being appealed. (bjr2, ). (Entered: 02/04/2008)

Feb. 4, 2008
89

Docket Annotation re: 88 Notice of Appeal as to 74 Order, 75 Judgment and 87 Order denying motion to reconsider by plaintiffs. The notice of appeal docket entry was modified to create a link to the orders being appealed. Text only entry − no document attached (bjr2, ) (Entered: 02/06/2008)

Feb. 6, 2008
90

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 88 Notice of Appeal filed by Julianna Barber, Marcia Barber to the U.S. Court of Appeals. (Retained counsel; Fees not paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal)(bjr2, ) (Entered: 02/06/2008)

Feb. 6, 2008
91

USCA Case Number 08−1032 for 88 Notice of Appeal filed by Julianna Barber, Marcia Barber. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion in the district court. (bjr2, ) (Entered: 02/07/2008)

Feb. 6, 2008
92

USCA Appeal Fees (USCA Case No. 08−1032); received payment of $ 455, receipt number 7598 re 88 Notice of Appeal filed by Julianna Barber, Marcia Barber (bjr, ) (Entered: 02/08/2008)

Feb. 8, 2008
93

TRANSCRIPT ORDER FORM re 88 Notice of Appeal by Plaintiffs American Council of the Blind of Colorado, Inc., Julianna Barber, Madeline Barber, Julianna Barber, Madeline Barber, Marcia Barber, Colorado Cross−Disability Coalition (Robertson, Amy) (Entered: 02/12/2008)

Feb. 12, 2008
94

LETTER TO USCA and all counsel certifying the record is complete as to 88 Notice of Appeal filed by Julianna Barber, Marcia Barber. ( Appeal No. 08−1032) (bjr, ) (Entered: 02/12/2008)

Feb. 12, 2008
95

NOTICE of Change of Address by Amy Farr Robertson (Robertson, Amy) (Entered: 02/06/2009)

Feb. 6, 2009
96

USCA Opinion and Judgment, affirming the judgment of the district court as to 88 Notice of Appeal filed by Julianna Barber, Marcia Barber : (USCA Case No. 08−1032) (This document is not the Mandate) (Attachments: # 1 Judgment, # 2

April 15, 2009

State / Territory: Colorado

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: May 2, 2005

Closing Date: May 7, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Blind mother and her two sighted daughters, both minors. Disability rights organizations advocating for the blind.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Colorado (Denver), 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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None