Case: Colorado Cross Disability Coalition v. Denver

1:06-cv-00865 | U.S. District Court for the District of Colorado

Filed Date: May 8, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 8, 2006, disabled patrons of Denver's Center For The Performing Arts filed a lawsuit against the City and County of Denver and others in the U.S. District Court for the District of Colorado for violations of the Americans With Disabilities Act, the Rehabilitation Act, and state law, alleging discrimination in seating and other facilities. Specifically, Plaintiffs claimed that disabled patrons of the Performing Arts Center faced many obstacles, including: "a. being told wheelchair seats a…

On May 8, 2006, disabled patrons of Denver's Center For The Performing Arts filed a lawsuit against the City and County of Denver and others in the U.S. District Court for the District of Colorado for violations of the Americans With Disabilities Act, the Rehabilitation Act, and state law, alleging discrimination in seating and other facilities.

Specifically, Plaintiffs claimed that disabled patrons of the Performing Arts Center faced many obstacles, including: "a. being told wheelchair seats are unavailable, when, in fact, they are; b. being sold tickets for seats that don't exist or are blocked by equipment; c. being sold wheelchair seats that are inaccessible; d. being subjected to lengthy delays getting to their seats or not being able to get there at all due to malfunctioning wheelchair lifts" and that individuals with hearing and visual impairments faced discrimination when the defendants failed "to provide interpreters for certain performances [and] make their web sites accessible" all in violation of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12132; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794; the Colorado Anti-Discrimination Act (CADC), Colo. Rev. Stat. § 24-34-601 et seq; the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-112(1). The plaintiffs sought injunctive and monetary relief.

On October 3, 2008, Plaintiffs moved the court to certify a class of "all persons with disabilities who are currently or have been in the past four years residents of the State of Colorado who use wheelchairs or scooters for mobility who, within four years prior to the filing of the complaint in this lawsuit, were denied or are being denied, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the Ellie Caulkins Opera House."

On March 13, 2008, the defendant City and County of Denver filed a cross complaint against the design company hired to renovate the complex, seeking indemnification. The parties appear to have settled.

On October 22, 2008, the District Court: certified a class of: "[a]ll persons with disabilities who are currently or have been in the past four years residents of the State of Colorado who use wheelchairs or scooters for mobility who, within four years prior to the filing of the complaint in this Lawsuit, were denied or are being denied, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the Ellie Caulkins Opera House;" and preliminarily approved a settlement agreement between the plaintiffs and the City.

The settlement agreement required the City to install wheelchair lifts, accessible seating, modify restrooms, and assign staff to operate the lifts. The plaintiffs' counsel would inspect the changes after 30 days. The City agreed to pay $10,500.00 in damages.

On February 23, 2009, the District Court granted the joint motion for final approval of the class action settlement agreement.

Summary Authors

Eric Weiler (6/8/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4762312/parties/colorado-cross-disability-coalition-v-denver-city-and-county-of/


Judge(s)

Babcock, Lewis Thornton (Colorado)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Krichiver, Ari Reuben (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Arroyo, Elizabeth Ashley (Colorado)

Case, Michael Brent (Colorado)

Fine, David R. (Colorado)

Judge(s)

Babcock, Lewis Thornton (Colorado)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Krichiver, Ari Reuben (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Arroyo, Elizabeth Ashley (Colorado)

Case, Michael Brent (Colorado)

Fine, David R. (Colorado)

Hyatt, Elizabeth Jeanelia (Colorado)

Johnson, Scott Christopher (Colorado)

Knapp, Debra Renee (Colorado)

Lowrie, John C. (Colorado)

Mooney, Patrick B. (Colorado)

Rea, Colleen Myers (Colorado)

Ruh, James Cotter (Colorado)

Semple, Martin (Colorado)

Smith, Elizabeth L. (Colorado)

Starrs, Elizabeth A. (Colorado)

Toornman, Mary E. (Colorado)

Walters, Michelle Kim (Colorado)

Weston, Kathrin Helene (Colorado)

Wheeler, Robert Griffin (Colorado)

Other Attorney(s)

Ford, Andrew Scott (Colorado)

Kapushion, Meredith A. (Colorado)

Schulte, Timothy Michael (Colorado)

Documents in the Clearinghouse

Document

1:06-cv-00865

Docket

Colorado Cross-Disability Coalition v. Denver

Feb. 23, 2009

Feb. 23, 2009

Docket
1

1:06-cv-00865

Complaint

Colorado Cross-Disability Coalition v. Denver

May 8, 2006

May 8, 2006

Complaint
2

1:06-cv-00865

[Amended] Complaint

Colorado Cross-Disability Coalition v. Denver

May 9, 2006

May 9, 2006

Complaint
25-2

1:06-cv-00865

Second Amended Complaint

Colorado Cross-Disability Coalition v. Denver

July 12, 2006

July 12, 2006

Complaint
32

1:06-cv-00865

Defendant Denver Center For The Performing Arts' Answer To Second Amended Complaint

Colorado Cross-Disability Coalition v. Denver

Sept. 8, 2006

Sept. 8, 2006

Pleading / Motion / Brief
33

1:06-cv-00865

Defendant Colorado Ballet Company's Answer To Second Amended Complaint

Colorado Cross-Disability Coalition v. Denver

Sept. 8, 2006

Sept. 8, 2006

Pleading / Motion / Brief
36

1:06-cv-00865

Answer And Defenses Of Defendant Colorado Symphony Association To Plaintiffs' Second Amended Complaint

Colorado Cross-Disability Coalition v. Denver

Sept. 8, 2006

Sept. 8, 2006

Pleading / Motion / Brief
35

1:06-cv-00865

Answer And Defenses Of Defendant Opera Colorado To Plaintiffs' Second Amended Complaint

Colorado Cross-Disability Coalition v. Denver

Sept. 8, 2006

Sept. 8, 2006

Pleading / Motion / Brief
34

1:06-cv-00865

Answer Of City And County Of Denver To Plaintiffs' Second Amended Complaint

Colorado Cross-Disability Coalition v. The City and County of Denver, Colorado

Sept. 8, 2006

Sept. 8, 2006

Complaint
77

1:06-cv-00865

Order [Dismissing, By Stipulation, Defendant Denver Center for the Performing Arts]

Colorado Cross-Disability Coalition v. Denver

July 16, 2007

July 16, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4762312/colorado-cross-disability-coalition-v-denver-city-and-county-of/

Last updated Aug. 25, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and jury demand against all defendants ( Filing fee $ 350, Receipt Number 268191) Summons Issued, filed by Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(bpm, ) (Entered: 05/09/2006)

May 8, 2006

May 8, 2006

Clearinghouse
26

Minute ORDER granting 25 Plaintiffs' Unopposed Motion for Leave to File Second Amended Complaint, the tendered Second Amended Complaint is accepted forfiling, by Judge Lewis T. Babcock on 07/13/06. (rlp, )

July 13, 2006

July 13, 2006

RECAP
46

ORDER setting Scheduling Conference for 11/30/2006 09:00 AM before Magistrate Judge Boyd N. Boland, signed by Magistrate Judge Boyd N. Boland on 10/26/06. (rlp2, )

Oct. 26, 2006

Oct. 26, 2006

RECAP
2

AMENDED COMPLAINT against all defendants, filed by Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Exhibit Seating Change Map)(Williams, Kevin) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

Clearinghouse
63

ORDER granting in part and denying in part 58 Unopposed Motion for Leave of Court to File an Amended Scheduling Order: Discovery Cut-Off November 29, 2007, Dispositive Motions Deadline November 29, 2007, The final pretrial conference set for Decemb er 3, 2007, at 8:30 a.m., is VACATED and RESET to January 29, 2008, at 8:30 a.m., in Courtroom 401, A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than January 22, 2008. Signed by Magistrate Judge Boyd N. Boland on 01/18/07.(rlp, )

Jan. 18, 2007

Jan. 18, 2007

RECAP
3

WAIVER OF SERVICE Returned Executed by all plaintiffs. Denver, City and County of waiver sent on 5/10/2006, answer due 7/10/2006. (Attachments: # 1 Continuation of Main Document Executed Waiver)(Williams, Kevin) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

66

Consent PROTECTIVE ORDER re: discovery. Signed by Magistrate Judge Boyd N. Boland on 3/8/07. (gms, )

March 8, 2007

March 8, 2007

RECAP
4

Unopposed MOTION for Extension of Time to File Answer re 2 Amended Complaint,, 1 Complaint, by Defendant Denver Center For Performing Arts. (Attachments: # 1 Proposed Order (PDF Only))(Semple, Martin) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

5

NOTICE of Entry of Appearance by Timothy Patrick Fox on behalf of all plaintiffs (Fox, Timothy) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

77

ORDER pursuant to the 76 Stipulated Motion to Dismiss, this matter shall be DISMISSED WITH PREJUDICE between all Plaintiffs and Defendant Denver Center for the Performing Arts, each party to pay their own fees and costs. Signed by Judge Lewis T. Babcock on 7/16/07.(mrs, )

July 16, 2007

July 16, 2007

Clearinghouse
7

NOTICE OF SERVICE OF SUMMONS AND COMPLAINT by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas (Attachments: # 1 Affidavit Attachment A# 2 Affidavit Attachment B# 3 Affidavit Attachment C# 4 Affidavit Attachment D)(Williams, Kevin) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

84

ORDER GRANTING Plaintiffs' Unopposed 82 Motion to Amend Scheduling Order and for Extension of Time to Respond to Discovery Requests. Discovery deadline is extended to 12/6/07, Dispositive Motions deadline is extended to 1/15/08. Signed by Magistrate Judge Boyd N. Boland on 8/9/07.(mrs, )

Aug. 9, 2007

Aug. 9, 2007

RECAP
8

STIPULATION for Extension of Time to Answer by Defendant Opera Colorado. (Lowrie, John) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

90

ORDER of Dismissal with Prejudice of All Claims of all Plaintiffs against Colorado Ballet re Stipulated 89 Motion to Dismiss. Claims of all plaintiffs against Defendant Colorado Vallet in this lawsuit are hereby DISMISSED, with prejudice. Each party to pay their own attorneys' fees and costs. Signed by Judge Lewis T. Babcock on 9/11/07.(mrs, )

Sept. 11, 2007

Sept. 11, 2007

Clearinghouse
91

ORDER of Dismissal with Prejudice re: Stipulated 88 Motion to Dismiss with Prejudice. All claims of all Plaintiffs against Defendant Colorado Symphony Association in this lawsuit are hereby DISMISSED, with prejudice. Each party to pay their own attorneys' fees and costs. Signed by Judge Lewis T. Babcock on 9/11/07.(mrs, )

Sept. 11, 2007

Sept. 11, 2007

Clearinghouse
9

Docket Annotation re: 7 Notice (Other), Notice (Other): Filer will need to refile affidavits, each as SUMMONS RETURNED EXECUTED. Text only entry − no document attached. (rlp, ) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

92

ORDER of Dismissal with Prejudice of Claims of all Plaintiffs against Opera Colorado re: Stipulated 87 Motion to Dismiss. All claims of all Plaintiffs against Defendant Opera Colorado in this lawsuit are hereby DISMISSED, with prejudice. Each party to pay their own attorneys' fees and costs. Signed by Judge Lewis T. Babcock on 9/11/07.(mrs, )

Sept. 11, 2007

Sept. 11, 2007

Clearinghouse
10

SUMMONS Returned Executed by all plaintiffs. Colorado Ballet Company served on 5/10/2006, answer due 5/30/2006. (Williams, Kevin) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

11

SUMMONS Returned Executed by all plaintiffs. Colorado Symphony Association served on 5/10/2006, answer due 5/30/2006. (Williams, Kevin) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

97

ORDER The following claims are dismissed with prejudice, each party to bear its own fees and costs. Plaintiffs claims under the Colorado Consumer Protection Act (CCPA), id., §§ 6-1-101 et seq.; Plaintiffs claims relating venues other than the Ellie Caulkins Opera House; and Plaintiffs claims relating to the Ellie Caulkins Opera House resolved by the Parties in the parties Release and Partial Settlement Agreement (Agreement). Signed by Judge Lewis T. Babcock on 10/17/07.(mrs)

Oct. 17, 2007

Oct. 17, 2007

Clearinghouse
98

MINUTE ORDER GRANTING Plaintiffs' Unopposed 95 Motion for Leave to File Their Third Amended and Supplemental Complaint and the same is accepted for filing, by Judge Lewis T. Babcock on 10/17/07.(mrs)

Oct. 17, 2007

Oct. 17, 2007

RECAP
12

SUMMONS Returned Executed by all plaintiffs. Denver Center For Performing Arts served on 5/10/2006, answer due 7/10/2006. (Williams, Kevin) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

13

SUMMONS Returned Executed by all plaintiffs. Opera Colorado served on 5/12/2006, answer due 6/1/2006. (Williams, Kevin) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

105

MINUTE ORDER granting 104 Defendant City and County of Denvers Unopposed Motion for Leave to File a Third Party Complaint. Third Party Complaint is accepted for filing by Judge Lewis T. Babcock on 03/14/2008.(sah, )

March 14, 2008

March 14, 2008

RECAP
14

MINUTE ORDER re: 8 Stipulation for Extension of Time filed by Opera Colorado, Reset Deadlines: Opera Colorado answer due 6/21/2006. Signed by Judge Lewis T. Babcock on 05/26/06. (rlp, ) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

111

MINUTE ORDER granting 109 Stipulated Motion to Amend Scheduling Order Regarding Expert Witness Deadlines. The parties shall designate all experts on or before 5/26/2008. The parties shall designate all rebuttal experts on or before 6/9/2008 by Magistrate Judge Boyd N. Boland on 04/08/2008.(sah2, )

April 8, 2008

April 8, 2008

RECAP
15

STIPULATION for Extension of Time to Answer by Defendant Colorado Symphony Association. (Lowrie, John) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

120

MINUTE ORDER granting 112 Joint Motion to Amend Scheduling Order. The Scheduling Order is amended as follows: Expert Witness Disclosures due on or before 7/25/2008; Rebuttal experts due on or before 8/8/2008; Discovery Cut-off is 8/22/2008; Dispositive Motion Deadline is 9/11/2008; Pretrial Conference set for 8/15/2008 is VACATED and RESET to 1/20/2009 at 9:30 AM, Courtroom

June 6, 2008

June 6, 2008

RECAP
127

MINUTE ORDER granting 124 Semple Brown Design, P.C.s Motion to AmendScheduling Order. Discovery Cut-off: 11/20/2008, Dispositive Motion Deadline: 12/10/2008 by Magistrate Judge Boyd N. Boland on 07/03/2008.(sah, )

July 3, 2008

July 3, 2008

RECAP
16

MINUTE ORDER re: 15 Stipulation for Extension of Time filed by Colorado Symphony Association, Reset Deadlines: Colorado Cross−Disability Coalition answer due 6/19/2006.. Signed by Judge Lewis T. Babcock on 05/30/06. (rlp, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

17

MOTION for Extension of Time to File Answer by Defendant Colorado Ballet Company. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Ruh, James) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

142

ORDER of Recusal directing reassignment to another judge. Signed by Judge Lewis T. Babcock on 8/29/08. (pap, )

Aug. 29, 2008

Aug. 29, 2008

RECAP
145

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and deposition s from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. Signed by Judge Marcia S. Krieger on 9/5/08. (mskcd)

Sept. 5, 2008

Sept. 5, 2008

RECAP
18

MINUTE ORDER granting 17 Motion for Extension of Time to Answer. Colorado Ballet Company answer due 6/19/2006 . Signed by Judge Lewis T. Babcock on 05/31/06. (rlp, ) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

156

ORDER: All existing pretrial deadlines are VACATED. The parties shall file a motion to amend the complaint, for class certification, and for preliminary approval of the class settlement by 10/3/08. Signed by Magistrate Judge Boyd N. Boland on 10/3/08. (jmp, )

Oct. 3, 2008

Oct. 3, 2008

RECAP
19

Unopposed MOTION for Extension of Time to File Answer re 2 Amended Complaint, by Defendants Opera Colorado, Colorado Symphony Association. (Attachments: # 1 Proposed Order (PDF Only))(Lowrie, John) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

20

MINUTE ORDER granting 19 Motion for Extension of Time to Answer Opera Colorado answer due 7/10/2006; Colorado Symphony Association answer due 7/10/2006 by Judge Lewis T. Babcock on 06/13/06. (rlp, ) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

161

ORDER finding as moot 131 Motion for Partial Summary Judgment; finding as moot 133 Motion for Summary Judgment; finding as moot 147 Motion for Reconsideration ; granting 157 Motion to Amend/Correct/Modify; granting 158 Motion to Certify Class; granting 159 Motion for Order. Fairness hearing is set for February 23, 2009, at 4:00 p.m. Signed by Judge Marcia S. Krieger on 10/22/08.(msksec, )

Oct. 22, 2008

Oct. 22, 2008

Clearinghouse
21

Unopposed MOTION for Extension of Time to File Answer re 2 Amended Complaint, by Defendant Colorado Ballet Company. (Attachments: # 1 Proposed Order (PDF Only))(Ruh, James) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

22

MINUTE ORDER granting 21 Defendant Colorado Ballet Company's Unopposed Motion for Extension of Time to File Answer or Responsive Pleading. Colorado Ballet Company answer due 7/10/2006, by Judge Lewis T. Babcock on 06/15/06. (rlp, ) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

24

ORDER granting 23 Motion for Extension of Time to Answer Denver, City and County of answer due 9/8/2006; Denver Center For Performing Arts answer due 9/8/2006; Opera Colorado answer due 9/8/2006; Colorado Ballet Company answer due 9/8/2006; Colorado Symphony Association answer due 9/8/2006, Signed by Judge Lewis T. Babcock on 07/10/06. (rlp, ) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

25

Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Proposed Document Second Amended Complaint# 2 Exhibit Attachment to Second Amended Complaint# 3 Proposed Order (PDF Only) Proposed Order)(Williams, Kevin) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

27

CORPORATE DISCLOSURE STATEMENT by Defendant Colorado Symphony Association. (Lowrie, John) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

28

CORPORATE DISCLOSURE STATEMENT by Defendant Opera Colorado. (Lowrie, John) (Entered: 07/26/2006)

July 26, 2006

July 26, 2006

29

CORPORATE DISCLOSURE STATEMENT by Plaintiff Colorado Cross−Disability Coalition. (Williams, Kevin) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

30

CORPORATE DISCLOSURE STATEMENT by Defendant Colorado Ballet Company. (Ruh, James) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

31

CORPORATE DISCLOSURE STATEMENT by Defendant Denver Center For Performing Arts. (Walters, Michelle) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

32

Defendant Denver Center for the Performing Arts ANSWER to Amended Complaint by Denver Center For Performing Arts.(Semple, Martin) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Clearinghouse
33

ANSWER to Amended Complaint by Colorado Ballet Company.(Ruh, James) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Clearinghouse
34

ANSWER to Amended Complaint by Denver, City and County of. (Attachments: # 1 Continuation of Main Document)(Arroyo, Ashley) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Clearinghouse
35

ANSWER to Amended Complaint by Opera Colorado.(Lowrie, John) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Clearinghouse
36

ANSWER to Amended Complaint by Colorado Symphony Association.(Lowrie, John) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Clearinghouse
37

ORDER REFERRING CASE to Magistrate Judge Lewis T. Babcock by Judge Babcock. (rlp2, ) Modified Entry on 10/20/2006 to notate that this docket entry fails to refer case, error corrected in entry 42 as a text only entry(rlp2, ). (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

38

MOTION to Withdraw as Attorney by Defendant Denver Center For Performing Arts. (Attachments: # 1 Proposed Order (PDF Only))(Walters, Michelle) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

39

MINUTE ORDER granting 38 Motion to Withdraw as Attorney. Added attorney Patrick B. Mooney for Denver Center For Performing Arts, Michael Brent Case for Denver Center For Performing Arts. Attorney Michelle Kim Walters terminated, by Judge Lewis T. Babcock on 09/22/06.(rlp2, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

40

Unopposed MOTION for Hearing/Conference Regarding Scheduling by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Williams, Kevin) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

42

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Babcock. Text Only Entry, no document attached. Entry made to correct coding error in docket entry 37 which failed to refer the case. (rlp2, ) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

43

MEMORANDUM regarding 40 Unopposed MOTION for Hearing/Conference Regarding Scheduling . Motions referred to Magistrate Judge Boyd N. Boland by Judge Lewis T. Babcock on 10/20/06. (Text Only Entry − No Document Attached)(rlp2, ) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

44

NOTICE of Entry of Appearance by Michael Brent Case on behalf of Denver Center For Performing Arts (Case, Michael) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

45

MINUTE ORDER granting 40 Plaintiffs Unopposed Motion to Convene Scheduling Conference Pursuant to D.C.COLO.LCivR 16.1, by Magistrate Judge Boyd N. Boland on 10/26/06.(rlp2, ) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

47

NOTICE of Entry of Appearance of Elizabeth A. Starrs, Richard B. Caschette, and Elizabeth L. Smith as Special Counsel for Defendant City and County of Denver by Elizabeth A. Starrs on behalf of Denver, City and County of (Starrs, Elizabeth) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

48

NOTICE of Entry of Appearance by Ari Reuben Krichiver on behalf of all plaintiffs (Krichiver, Ari) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

49

Proposed Scheduling Order by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Krichiver, Ari) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

50

NOTICE OF CONSENT OF ELECTRONIC SERVICE by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas (Williams, Kevin) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

51

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 11/30/2006. Discovery due by 8/31/2007. Dispositive Motions due by 10/1/2007. Settlement Conference set for 1/4/2007 01:30 PM in Conference Room before Magistrate Judge Boyd N. Boland. Proposed Pretrial Order due by 11/26/2007. Final Pretrial Conference set for 12/3/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (Court Reporter FTR−G. MATTEI.) (bnbcd, ) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

52

SCHEDULING ORDER: Discovery due by 8/31/2007.,Dispositive Motions due by 10/1/2007., Settlement Conference set for 1/4/2007 01:30 PM before Magistrate Judge Boyd N. Boland.,Proposed Pretrial Order due by 11/26/2007., Final Pretrial Conference set for 12/3/2007 08:30 AM before Magistrate Judge Boyd N. Boland.. Signed by Magistrate Judge Boyd N. Boland on 11/30/06. (rlp, ) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

53

MINUTE ORDER,setting Final Pretrial Conference for 12/3/2007 08:30 AM before Magistrate Judge Boyd N. Boland., Settlement Conference set for 1/4/2007 01:30 AM before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 11/30/06. (rlp, ) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

54

MINUTE ORDER confirming the setting of a fourteen day Jury Trial for 6/2/2008 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Final Trial Preparation Conference set for 5/8/2008 at 08:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 12/08/06. (rlp2, ) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

55

MOTION to Reset Scheduling Conference by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Proposed Order (PDF Only) Motion to Reset Scheduling Conference)(Williams, Kevin) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

56

MEMORANDUM regarding 55 MOTION to Reset Scheduling Conference filed by Daniel Wilson, Adrianne Emily Monique Lucas, Heather Rebekah Renee Lucas, Carrie Ann Lucas, Laura Hershey, Colorado Cross−Disability Coalition, Robin Stephens. Motions referred to Magistrate Judge Boyd N. Boland by Judge Lewis T. Babcock on 01/02/07. (Text Only Entry − No Document Attached)(rlp, ) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

57

MINUTE ORDER granting 55 Plaintiffs' Motion to Reset SettlementConference, Settlement Conference reset for 3/15/2007 01:30 PM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 01/02/07.(rlp, ) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

58

Unopposed MOTION for Leave to of Court to File an Amended Scheduling Order by Defendant Denver, City and County of. (Attachments: # 1 Exhibit A, Part 1# 2 Exhibit A, Part 2# 3 Exhibit B, C &D)(Smith, Elizabeth) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

59

NOTICE of Change of Address Effective January 22, 2007 by Elizabeth A. Starrs (Starrs, Elizabeth) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

60

NOTICE of Change of Address Effective January 22, 2007 by Richard B. Caschette (Caschette, Richard) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

61

MEMORANDUM regarding 58 Unopposed MOTION for Leave to of Court to File an Amended Scheduling Order filed by Denver, City and County of. Motions referred to Magistrate Judge Boyd N. Boland by Judge Lewis T. Babcock on 01/12/07. (Text Only Entry − No Document Attached)(rlp, ) (Entered: 01/16/2007)

Jan. 12, 2007

Jan. 12, 2007

62

NOTICE of Change of Address by Elizabeth L. Smith (Smith, Elizabeth) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

64

Stipulated MOTION for Protective Order by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas, Defendants Denver, City and County of, Denver Center For Performing Arts, Opera Colorado, Colorado Ballet Company, Colorado Symphony Association. (Attachments: # 1 Proposed Order (PDF Only) Proposed Protective Order)(Williams, Kevin) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

65

MEMORANDUM regarding 64 Stipulated MOTION for Protective Order. Motions referred to Magistrate Judge Boyd N. Boland, by Judge Lewis T. Babcock on 3/8/07. (Text Only Entry − No Document Attached)(gms, ) (Entered: 03/08/2007)

March 8, 2007

March 8, 2007

67

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland : Settlement Conference held on 3/15/2007. No Settlement Reached (erv, ) (Entered:

March 15, 2007

March 15, 2007

69

Unopposed MOTION For Extension of Time to File Status Report by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

70

MEMORANDUM regarding 69 Unopposed MOTION For Extension of Time to File Status Report filed by Daniel Wilson, Adrianne Emily Monique Lucas, Heather Rebekah Renee Lucas, Carrie Ann Lucas, Laura Hershey, Colorado Cross−Disability Coalition, Robin Stephens. Motion referred to Magistrate Judge Boyd N. Boland by Judge Lewis T. Babcock on 3/27/07. (Text Only Entry − No Document Attached)(pap2, ) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

71

MINUTE ORDER Granting 69 Plaintiffs' Unopposed Motion for Extension of Time to File Status Report. Status Report is due on or before 4/5/07. Entered by Magistrate Judge Boyd N. Boland on 3/27/07.(pap, ) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

72

Utility Setting Deadlines: Pursuant to 71 Minute Order, Status Report due by 4/5/2007. Text only entry − no document attached. (pap, ) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

73

STATUS REPORT by Defendant Colorado Ballet Company. (Weston, Kathrin) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

74

STATUS REPORT by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Williams, Kevin) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

75

NOTICE of Entry of Appearance by Scott Christopher Johnson on behalf of Denver, City and County of (Johnson, Scott) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

76

Stipulated MOTION to Dismiss with Prejudice All Claims of All Plaintiffs Against the Denver Center for the Performing Arts by Defendant Denver Center For Performing Arts. (Attachments: # 1 Proposed Order (PDF Only))(Semple, Martin) (Entered: 07/11/2007)

July 11, 2007

July 11, 2007

78

MOTION to Withdraw as Attorney by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Krichiver, Ari) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

79

Proposed MOTION for Order to Withdraw as Counsel of Record by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Krichiver, Ari) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

80

MINUTE ORDER GRANTING 78 Motion to Withdraw as Attorney. Attorney Ari Reuben Krichiver terminated as counsel for Plaintiffs, by Judge Lewis T. Babcock on 7/30/07.(mrs, ) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

81

MINUTE ORDER Settlement Conference set for 8/20/2007 01:30 PM, with plaintiffs and defendant City and County of Denver, Colorado ONLY in Chambers A−442 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 7/31/07. (mrs, ) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

82

Unopposed MOTION to Amend/Correct/Modify Scheduling Order and Extension to Respond to Discovery Requests by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Proposed Order (PDF Only) Minute Order)(Williams, Kevin) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

85

Utility Setting/Resetting Deadlines/Hearings: Discovery due by 12/6/2007, Dispositive Motions due by 1/15/2008 pursuant to Order dated 8/9/07. Text only entry − no document attached. (mrs, ) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

86

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of all plaintiffs (Robertson, Amy) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

87

Stipulated MOTION to Dismiss Defendant Opera Colorado by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas, Defendant Opera Colorado. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

88

Stipulated MOTION to Dismiss Defendant Colorado Symphony by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas, Defendant Colorado Symphony Association. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

89

Stipulated MOTION to Dismiss Defendant Colorado Ballet by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1)(Williams, Kevin) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

93

Unopposed MOTION to Withdraw as Attorney by Defendant Denver, City and County of. (Arroyo, Ashley) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

94

Joint MOTION to Dismiss with Prejudice Released Claims by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

95

Unopposed MOTION for Leave to File Third Amended and Supplemental Complaint by Plaintiffs Heather Rebekah Renee Lucas, Adrianne Emily Monique Lucas, Daniel Wilson, Colorado Cross−Disability Coalition, Laura Hershey, Robin Stephens, Carrie Ann Lucas. (Attachments: # 1 Proposed Document Third Amended and Supplemental Complaint# 2 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled patrons of Denver's Center For The Performing Arts (Ballet, Opera, Symphony)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City And County Of Denver (Denver, Denver), City

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

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $305,500