Case: Colorado Cross-Disability Coalition v. Fey Concert Company

1:97-cv-01586 | U.S. District Court for the District of Colorado

Filed Date: July 23, 1997

Closed Date: 1998

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Case Summary

On July 23, 1997, patrons of a concert venue who use wheelchairs for mobility, their relatives, and an advocacy group filed a class action in the United States District Court for the District of Colorado against the owners and operators for obstructing wheelchair seating areas. Specifically, Plaintiffs claimed that though the state-of-the-art concert venue had a capacity of 18,000, the wheelchair seating area accommodated only about 20 wheelchairs. The plaintiffs complained that this area …

Specifically, Plaintiffs claimed that though the state-of-the-art concert venue had a capacity of 18,000, the wheelchair seating area accommodated only about 20 wheelchairs. The plaintiffs complained that this area was often blocked with equipment or additional staging, obstructing the view and restricting the movement of the plaintiffs when they attended concerts. The staff were either unhelpful or offered the plaintiffs seating on a steep slope or in an aisle way where people were constantly moving. They claim these conditions violate the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq; the Colorado Revised Statute § 24-34-601, the Public Accommodations Law; the Colorado Consumer Protection Act, C.R.S. § 6-1-112(1); negligent misrepresentation; and constituted fraud and fraudulent concealment.

Plaintiffs sought injunctive and monetary relief and certification of two classes: 1) all persons with permanent disabilities who use wheelchairs or electric carts for mobility who have been denied full and equal enjoyment of the services, facilities, privileges, advantages, and accommodations at Fiddler's Green on the basis of disability, and 2) all persons with a relationship or association with members of the first subclass who, as a result of the relationship or association, have been denied full and equal enjoyment of the services, facilities, privileges, advantages, and accommodations of Fiddler's Green."

On September 28, 1998, the District Court certified a settlement class.

On December 23, 1998, the District Court approved a class action settlement agreement. The agreement required the defendants to pay $1750 to each of the named plaintiffs and $25,000 in attorneys' fees for work before February 17, 1998 and reasonable fees for work thereafter. To the class members, the Defendants agreed to pay each class member a maximum of $175.00. The defendants also agreed to make "capital improvements" to the facility, set forth in a separate exhibit, and not to obstruct or place equipment in wheelchair seating areas.

On December 30, 1998, the District Court dismissed all claims and entered a notice regarding attorneys' fees and costs.

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Summary Authors

Eric Weiler (6/8/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10868988/parties/co-cross-disability-v-fey-concert-company/

Judge(s)

Attorney for Plaintiff

Fox, Timothy Patrick (Colorado)

Attorney for Defendant

Blumenthal, Barbara Z. (Colorado)

Crotty, Rebecca L. (Colorado)

Dale, Kristin W. (Colorado)

Hoffman, Daniel S. (Colorado)

Judge(s)

Weinshienk, Zita Leeson (Colorado)

Attorney for Plaintiff

Fox, Timothy Patrick (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorney for Defendant

Blumenthal, Barbara Z. (Colorado)

Crotty, Rebecca L. (Colorado)

Dale, Kristin W. (Colorado)

Hoffman, Daniel S. (Colorado)

Smith, Sheldon Harold (Colorado)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:97-cv-01586	Docket	Jan. 28, 1999	Jan. 28, 1999 Docket
33 1:97-cv-01586	First Amended Class Action Complaint	Feb. 6, 1998	Feb. 6, 1998 Complaint
1:97-cv-01586	Class Settlement Agreement	Dec. 23, 1998	Dec. 23, 1998 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10868988/co-cross-disability-v-fey-concert-company/

Last updated April 7, 2025, 10:47 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 07/24/1997)	July 23, 1997	July 23, 1997 PACER
	FILING FEE PAID: on 7/23/97 in the amount of $ 150.00, receipt # 188891. (former empl) (Entered: 07/24/1997)	July 23, 1997	July 23, 1997
	FILING FEE PAID: on 7/23/97 in the amount of $ 150.00, receipt # 188891. (former empl)	July 23, 1997	July 23, 1997 PACER
2	RETURN OF SERVICE of Summons and Complaint upon Cynthia M. Leitner, registered agent for defendant Museum Outdoor Arts on 7/24/97 (former empl) (Entered: 08/01/1997)	July 30, 1997	July 30, 1997 PACER
3	RETURN OF SERVICE of Summons and Complaint upon T. Michael Carrington, registered agent for defendant Fey Concert Company on 7/24/97 (former empl) (Entered: 08/01/1997)	July 30, 1997	July 30, 1997 PACER
4	Uncontested MOTION by defendant Fey Concert Company, defendant Universal Concerts, defendant Every Dog Has It Day to extend time to answer to/including 9/30/97 (former empl) (Entered: 08/06/1997)	Aug. 6, 1997	Aug. 6, 1997 PACER
5	Certificate of Compliance by defendant motion to extend time to answer to/including 9/30/97 [4-1] (former empl) (Entered: 08/06/1997)	Aug. 6, 1997	Aug. 6, 1997 PACER
6	ORDER of recusal by Judge Lewis T. Babcock; redrawn by clerk 8/7/97 & Case reassigned to Judge Zita L. Weinshienk (cc: all counsel) ; entry date : 8/7/97 (former empl) (Entered: 08/07/1997)	Aug. 6, 1997	Aug. 6, 1997 PACER
7	LETTER from clerk to counsel re reassignment to Judge Weinshienk (former empl) (Entered: 08/07/1997)	Aug. 7, 1997	Aug. 7, 1997 PACER
8	ATTORNEY APPEARANCE for defendant Museum Outdoor Arts by Sheldon H. Smith, Kristin W. Dale (former empl) (Entered: 08/11/1997)	Aug. 8, 1997	Aug. 8, 1997 PACER
9	MOTION by defendant Museum Outdoor Arts to extend time to answer (former empl) (Entered: 08/11/1997)	Aug. 8, 1997	Aug. 8, 1997 PACER
10	MINUTE ORDER : by Judge Zita L. Weinshienk granting motion to extend time to answer [9-1] to 10/8/97, granting motion to extend time to answer to/including 9/30/97 [4-1] (cc: all counsel) ; entry date : 8/14/97 (former empl) (Entered: 08/14/1997)	Aug. 12, 1997	Aug. 12, 1997 PACER
11	ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge Donald E. Abram ; by Judge Zita L. Weinshienk (cc: to counsel) (former empl) (Entered: 08/14/1997)	Aug. 13, 1997	Aug. 13, 1997 PACER
12	ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Donald E. Abram ; Rule 16 conference set for 8:45 11/6/97 (cc: all counsel) (former empl) (Entered: 08/20/1997)	Aug. 18, 1997	Aug. 18, 1997 PACER
13	Joint MOTION by plaintiffs, defendants to extend time to answer to 12/1/97 (former empl) (Entered: 09/30/1997)	Sept. 29, 1997	Sept. 29, 1997 PACER
14	Joint MOTION by plaintiffs, defendants to vacate dates set forth in mag order (former empl) (Entered: 09/30/1997)	Sept. 29, 1997	Sept. 29, 1997 PACER
15	MINUTE ORDER : by Magistrate Judge Donald E. Abram denying motion to vacate dates set forth in mag order [14-1]; discovery stayed to l0/30/97; confidential status rept due ll/3/97 (cc: all counsel) ; entry date : 10/1/97 (former empl) (Entered: 10/01/1997)	Sept. 30, 1997	Sept. 30, 1997 PACER
16	MINUTE ORDER : by Judge Zita L. Weinshienk granting motion to extend time to answer to 12/1/97 [13-1] (cc: all counsel) ; entry date : 10/2/97 (former empl) (Entered: 10/02/1997)	Oct. 1, 1997	Oct. 1, 1997 PACER
17	ORDER of Recusal by Magistrate Judge Donald E. Abram terminating case referral to Magistrate Judge Donald E. Abram, and recusing Magistrate Judge Abram (cc: all counsel) ; entry date : 10/14/97 (former empl) (Entered: 10/14/1997)	Oct. 9, 1997	Oct. 9, 1997 PACER
18	MEMORANDUM from Clerk Office pursuant to order of recusal, case reassigned Case referred to Magistrate Judge Patricia A. Coan (former empl) (Entered: 10/14/1997)	Oct. 10, 1997	Oct. 10, 1997 PACER
19	ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Patricia A. Coan ; Rule 16 conference set for 8:45 11/6/97 (cc: all counsel) (former empl) (Entered: 10/20/1997)	Oct. 17, 1997	Oct. 17, 1997 PACER
20	MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; settlement conf set for 9:30 11/14/97 (cc: all counsel) ; entry date : 10/23/97 (former empl) (Entered: 10/23/1997)	Oct. 21, 1997	Oct. 21, 1997 PACER
21	SCHEDULING ORDER Magistrate Judge Patricia A. Coan ; Discovery cutoff 5/15/98 ;dispositive motions due 6/15/98 ; settlement conference 10:30 12/10/97 ;pretrial conference set 8:15 7/30/98 (cc: all counsel) (former empl) (Entered: 11/18/1997)	Nov. 17, 1997	Nov. 17, 1997 PACER
22	ANSWER by defendant Museum Outdoor Arts complaint [1-1]; jury demand (former empl) (Entered: 12/02/1997)	Dec. 1, 1997	Dec. 1, 1997 PACER
23	ANSWER by defendants to class action complaint [1-1] (former empl) (Entered: 12/02/1997)	Dec. 1, 1997	Dec. 1, 1997 PACER
24	MEMORANDUM by Magistrate Judge Patricia A. Coan ; settlement conf set for 5/13/98 (former empl) (Entered: 12/12/1997)	Dec. 11, 1997	Dec. 11, 1997 PACER
25	MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; settlement conf set for 1:00 5/13/98 updated conf stlmt stmts due 5/8/98 (cc: all counsel) ; entry date : 12/12/97 (former empl) (Entered: 12/12/1997)	Dec. 11, 1997	Dec. 11, 1997 PACER
26	Joint MOTION by defendants, plaintiffs to extend time for plas to submit mtn for class cert to 2/20/98 and dfts to sumbit brf in opp to 3/12/98 and pla reply to 3/20/98 (former empl) (Entered: 01/12/1998)	Jan. 9, 1998	Jan. 9, 1998 PACER
27	MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion to extend time for plas to submit mtn for class cert to 2/20/98 and dfts to sumbit brf in opp to 3/12/98 and pla reply to 3/20/98 [26-1] (cc: all counsel) ; entry date : 1/15/98 (former empl) (Entered: 01/15/1998)	Jan. 14, 1998	Jan. 14, 1998 PACER
28	MOTION by defendant Museum Outdoor Arts to withdraw attorney, and to substitute attorney Daniel S. Hoffman and Rebecca L. Crotty (former empl) (Entered: 01/30/1998)	Jan. 29, 1998	Jan. 29, 1998 PACER
	Tendered First Amd Class Action Cmp submitted by plaintiff motion for leave to amend class action cmp to add plas [29−1] (former empl) (Entered: 01/30/1998)	Jan. 29, 1998	Jan. 29, 1998
29	MOTION by plaintiff for leave to amend class action cmp to add plas (former empl) (Entered: 01/30/1998)	Jan. 29, 1998	Jan. 29, 1998 PACER
	Tendered First Amd Class Action Cmp submitted by plaintiff motion for leave to amend class action cmp to add plas [29-1] (former empl)	Jan. 29, 1998	Jan. 29, 1998 PACER
30	MOTION by dfts Fey Concert Company, Universal Concerts, Every Dog Has It Day to extend (to respond to Ps' First Set of Interrogs, etc.) (former empl) (Entered: 02/04/1998)	Feb. 3, 1998	Feb. 3, 1998 PACER
31	MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion to extend (to respond to Ps' First Set of Interrogs, etc.) [30-1] to 2/13/98 and plas deadline to move for class certification extended to 2/27/98 (cc: all counsel) ; entry date : 2/9/98 (former empl) (Entered: 02/09/1998)	Feb. 6, 1998	Feb. 6, 1998 PACER
32	MINUTE ORDER : by Judge Zita L. Weinshienk granting motion for leave to amend class action cmp to add plas [29-1] clk of ct to file stamp tendered first amd class action cmp, granting motion to withdraw attorney [28-1] attorney Kristin W. Dale for Museum Outdoor Arts, attorney Sheldon H. Smith for Museum Outdoor Arts, granting motion to substitute attorney Daniel S. Hoffman and Rebecca L. Crotty [28-2] and substituting attorney (cc: all counsel) ; entry date : 2/9/98 (former empl) (Entered: 02/09/1998)	Feb. 6, 1998	Feb. 6, 1998 PACER
33	First AMENDED Class Action COMPLAINT [1-1] by plaintiff; jury demand; adding Kevin Smith, Lauren Winter, Kim Keller (former empl) (Entered: 02/09/1998)	Feb. 6, 1998	Feb. 6, 1998 PACER
34	MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; pretrial conf set for 10:30 8/4/98 (cc: all counsel) ; entry date : 2/18/98 (former empl) (Entered: 02/18/1998)	Feb. 17, 1998	Feb. 17, 1998 PACER
35	MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; discovery ddl stayed 2/23/98 ; disp mtn ddl stayed 2/23/98 ; settlement conf vacated 2/23/98 ; pretrial conf vacated 2/23/98 ; dsm papers ddl set for 3/23/98 (cc: all counsel) ; entry date : 2/25/98 (former empl) (Entered: 02/25/1998)	Feb. 23, 1998	Feb. 23, 1998 PACER
36	ORDER by Judge Zita L. Weinshienk ; dsm papers ddl set for 3/23/98 case held in abeyance pending filing of stlmt papers (cc: all counsel) ; entry date : 2/26/98 (former empl) (Entered: 02/26/1998)	Feb. 25, 1998	Feb. 25, 1998 PACER
37	Unopposed MOTION by plaintiffs to extend time to submit stlmt and dism papers (former empl) (Entered: 03/12/1998)	March 11, 1998	March 11, 1998 PACER
38	MINUTE ORDER : by Judge Zita L. Weinshienk granting motion to extend time to submit stlmt and dism papers [37-1] ; dsm papers ddl set for 4/7/98 (cc: all counsel) ; entry date : 3/13/98 (former empl) (Entered: 03/13/1998)	March 12, 1998	March 12, 1998 PACER
39	Amd MINUTE ORDER : by Judge Zita L. Weinshienk regarding [38-2] minute order, granting motion to extend time to submit stlmt and dism papers [37-1] ; dsm papers ddl set for 4/7/98 if stlmt papers not recd by 4/14/98 case will be dismissed w/o prej (cc: all counsel) ; entry date : 3/16/98 (former empl) (Entered: 03/16/1998)	March 13, 1998	March 13, 1998 PACER
40	Joint Request (MOTION) by plaintiffs, defendants for status conference hearing (former empl) (Entered: 04/02/1998)	April 1, 1998	April 1, 1998 PACER
41	ORDER by Judge Zita L. Weinshienk stlmt in this case no longer appears possible and granting motion for status conference hearing [40-1] and case will no longer held in abeyance and parties to contact magistrate judge to schedule status conf, revise deadlines and prepare case for trial ; dsm papers ddl vacated 4/8/98 (cc: all counsel) ; entry date : 4/10/98 (former empl) (Entered: 04/10/1998)	April 8, 1998	April 8, 1998 PACER
42	MINUTE ORDER by Magistrate Judge Patricia A. Coan status conf set for 9:00 4/21/98 (cc: all counsel); entry date: 4/13/98 (former empl) (Entered: 04/13/1998)	April 10, 1998	April 10, 1998 PACER
43	MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; status conf set for 9:30 5/7/98 (cc: all counsel) ; entry date : 4/14/98 (former empl) (Entered: 04/14/1998)	April 14, 1998	April 14, 1998 PACER
44	COURTROOM MINUTES by Magistrate Judge Patricia A. Coan ; discovery ddl set 10/15/98 ; disp mtn ddl set 11/16/98 ; status conf held 5/7/98 ; settlement conf set for 10:30 6/9/98 ; pretrial conf set for 11:30 12/17/98 ; entry date : 5/11/98 Court Reporter: Tape 98-37/38 (former empl) (Entered: 05/11/1998)	May 7, 1998	May 7, 1998 PACER
45	MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; discovery ddl set 10/15/98 ; disp mtn ddl set 11/16/98 ; pretrial conf set for 11:30 12/17/98 ; settlement conf set for 10:30 6/9/98 (cc: all counsel) ; entry date : 5/12/98 (former empl) (Entered: 05/12/1998)	May 11, 1998	May 11, 1998 PACER
46	MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; settlement conf vacated 5/19/98 ; dsm papers ddl set for 6/9/98 (cc: all counsel) ; entry date : 5/20/98 (former empl) (Entered: 05/20/1998)	May 19, 1998	May 19, 1998 PACER
47	ORDER by Judge Zita L. Weinshienk ; dsm papers ddl set for 6/9/98 (cc: all counsel) ; entry date : 5/22/98 (former empl) (Entered: 05/22/1998)	May 20, 1998	May 20, 1998 PACER
48	Stipulated MOTION by defendant to extend time to file stlmt papers to 6/17/98 (former empl) (Entered: 06/05/1998)	June 4, 1998	June 4, 1998 PACER
49	MINUTE ORDER by Judge Zita L. Weinshienk granting motion to extend time to file stlmt papers to 6/17/98 [48-1] dism papers ddl set for 6/17/98 (cc: all counsel) ; entry date : 6/9/98 (former empl) (Entered: 06/09/1998)	June 5, 1998	June 5, 1998 PACER
50	Unopposed MOTION by plaintiffs for provisional class certification for stlmt purposes (former empl) (Entered: 06/17/1998)	June 17, 1998	June 17, 1998 PACER
51	STATEMENT of Position by defendants Fey Concert Company, Universal Concerts, Every Dog Has It Day, Museum Outdoor Arts re (motion for) provisional class certification for stlmt purposes [50-1] (former empl) (Entered: 06/18/1998)	June 17, 1998	June 17, 1998 PACER
52	Joint MOTION by plaintiffs & defendants for prelim approval of settlement and for fairness hearing (former empl) (Entered: 06/18/1998)	June 17, 1998	June 17, 1998 PACER
53	NOTICE re: proposed stlmt agreement by plaintiff (former empl) (Entered: 08/25/1998)	Aug. 24, 1998	Aug. 24, 1998 PACER
54	MINUTE ORDER : by Judge Zita L. Weinshienk setting hearing on motion for provisional class certification for stlmt purposes [50-1] 8:30 9/16/98, setting hearing on motion for prelim approval of settlement [52-1] 8:30 9/16/98, setting hearing on motion for fairness hearing [52-2] 8:30 9/16/98 (cc: all counsel) ; entry date : 8/26/98 (former empl) (Entered: 08/26/1998)	Aug. 25, 1998	Aug. 25, 1998 PACER
55	Joint Request (MOTION) by plaintiff, defendant to clarification of order setting hrg (former empl) (Entered: 09/03/1998)	Sept. 2, 1998	Sept. 2, 1998 PACER
56	MINUTE ORDER : by Judge Zita L. Weinshienk regarding [52-1] motion for prelim approval of settlement, regarding [52-2] motion for fairness hearing, if jt mtn for fairness hrg is granted, ct will conduct prelim fairness hrg on 9/16/98 after putative class members have been notified of proposed stlmt, finding the motion to clarification of order setting hrg [55-1] moot (cc: all counsel) ; entry date : 9/11/98 (former empl) (Entered: 09/11/1998)	Sept. 10, 1998	Sept. 10, 1998 PACER
60	COURTROOM MINUTES by Judge Zita L. Weinshienk granting motion for provisional class certification for stlmt purposes [50-1], setting hearing on motion for prelim approval of settlement [52-1] 8:30 11/18/98, granting motion for fairness hearing [52-2] ; entry date : 10/1/98 Court Reporter: Zuckerman (former empl) (Entered: 10/01/1998)	Sept. 16, 1998	Sept. 16, 1998 PACER
57	NOTICE by Clerk, U.S. Dist Ct, of Class Action & Proposed Settlement (copy) (former empl) (Entered: 09/21/1998)	Sept. 18, 1998	Sept. 18, 1998 PACER
58	Certified Copy of TRANSCRIPT of proceedings of 9/16/98 at 8:45 am before Judge Weinshienk of Hrg on Jt Mtn for Fairness Hrg ( 33 pages) Prepared By: Zuckerman (former empl) (Entered: 09/22/1998)	Sept. 21, 1998	Sept. 21, 1998 PACER
59	ORDER by Judge Zita L. Weinshienk granting motion for provisional class certification for stlmt purposes [50-1] and dft is advised if stlmt should fall through ct will consider withdrawal of class cert only on limited grounds, setting hearing on motion for prelim approval of settlement [52-1] 8:30 11/18/98, granting motion for fairness hearing [52-2] (cc: all counsel) ; entry date : 9/29/98 (former empl) (Entered: 09/29/1998)	Sept. 28, 1998	Sept. 28, 1998 PACER
61	MINUTE ORDER : by Judge Zita L. Weinshienk ; in court hrg set for 9:15 11/18/98 on fairness hrg (cc: all counsel) ; entry date : 11/19/98 (former empl) (Entered: 11/19/1998)	Nov. 17, 1998	Nov. 17, 1998 PACER
62	COURTROOM MINUTES by Judge Zita L. Weinshienk ; status report ddl set for 1/29/99 ; in court hrg held 11/18/98 ; expiration date of time to file claims is 12/18/98, cnsl to file agreement on atty fees by 1/8/99 or file status rpt by 1/29/99 and cnsl to file proposed order re: approval of stlmt agreement by 12/7/98; entry date : 11/19/98 Court Reporter: Zuckerman (former empl) (Entered: 11/19/1998)	Nov. 18, 1998	Nov. 18, 1998 PACER
63	Certified Copy of TRANSCRIPT of proceedings before Judge Weinshienk of 11/18/98 at 9:30 of Hrg on Joint Motion for Fairness Hrg and Class Action Settlment ( 14 pages) Prepared By: Zuckerman (former empl) (Entered: 11/27/1998)	Nov. 25, 1998	Nov. 25, 1998 PACER
64	Submission of Proposed ORder Approving Class Action Stlmt (STATEMENT) by plaintiff minutes [62-2] (former empl) (Entered: 12/11/1998)	Dec. 10, 1998	Dec. 10, 1998 PACER
65	ORDER by Judge Zita L. Weinshienk approving class action stlmt and directs clk to enter jgm approving stlmt, ct retains jurisdiction over interpretation, enforcement and implementation of stlmt agreement and this order (cc: all counsel) ; entry date : 12/24/98 (former empl) (Entered: 12/24/1998)	Dec. 23, 1998	Dec. 23, 1998 PACER
66	JUDGMENT: by Zita L. Weinsheink jgm dismissing claims of plas and the class against dfts and released parties w/prej and w/o cost, except as specified in stlmt agreement and ct retains jurisdiction over interpretation, enforcement and implementation of stlmt agreement and order approving class action stlmt dismissing case (cc: all counsel) ; entry date : 12/30/98 (former empl) (Entered: 12/30/1998)	Dec. 30, 1998	Dec. 30, 1998 PACER
67	Notice concerning attys fees and costs (STATUS REPORT) by plaintiff (former empl) (Entered: 01/29/1999)	Jan. 28, 1999	Jan. 28, 1999 PACER