Case: Shepherd v. U.S. Olympic Committee

1:99-cv-02077 | U.S. District Court for the District of Colorado

Filed Date: Oct. 26, 1999

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On October 26, 1999, a disabled athlete and employee of the Paralympic Games sued the U.S. Olympic Committee (USOC) in the U.S. District Court for the District of Colorado, claiming the USOC gave better training, benefits, and rewards to non-disabled olympic athletes, in violation of Title III of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12181 et seq.; and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. As an employee of the USOC, he also sued under Title I of the ADA for…

On October 26, 1999, a disabled athlete and employee of the Paralympic Games sued the U.S. Olympic Committee (USOC) in the U.S. District Court for the District of Colorado, claiming the USOC gave better training, benefits, and rewards to non-disabled olympic athletes, in violation of Title III of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12181 et seq.; and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. As an employee of the USOC, he also sued under Title I of the ADA for employment discrimination, and state law for breach of contract .

Although the Court never specifically ordered consolidation, a June 14, 2006 an order consolidated the Shepherd Case with Hollonbeck v. U.S. Olympic Committee, also filed in the District of Colorado before Judge Kane. This case appears in the Civil Rights Litigation Clearinghouse Database as DR-CO-0016. The facts are largely analogous - paralympic athlete sued the USOC for discrimination in training, accommodations, funding, and so forth. Many other motions and appeals were consolidated in the two cases after the June 14, 2006 order.

Specifically, Plaintiff claimed the USOC provided benefits to non-disabled olympic athletes, including tuition assistance, health insurance, financial support, access to training facilities, and rewards for medals achieved in the Olympic Games. The USOC provided either inferior benefits to paralympic athletes or no benefits at all. Count II of the complaint alleged violation of

Additionally, the plaintiff's position at the USOC required that he promote awareness of disabled sports and promote them, among other functions. The complaint alleged that the USOC failed to provide him with pay, advancements, bonuses, budgeting, support staff, and promotions that it provided to similarly situated non-disabled employees of the USOC. The plaintiff also alleged retaliatory termination.

The plaintiff sought declaratory, injunctive and monetary relief.

On April 20, 2000, the District Court addressed the USOC's motions for summary judgment and to strike, with varied results. A summary of this order appears on the docket. The parties then engaged in a lengthy discovery battle, in which several third parties sought protective orders. On September 21, 2005, the District Court denied the defendant's motion to dismiss and on June 14, 2006, the District Court ordered the parties to submit proposed orders regarding the viability of Counts I and II of the complaint, the "athlete" claims under the ADA and Rehabilitation Act. Shepherd v. U.S. Olympic Committee, No. 99-2077, 2006 U.S. Dist. LEXIS 39295 (D. Colo. Jun. 14, 2006). This order also consolidated similar motions for summary judgment by the defendants in Hollonbeck v. U.S. Olympic Committee, mentioned above.

On November 16, 2006, in a published order, the District Court granted the defendants' motion to dismiss Counts II and III, the "athlete" counts, leaving only the "employment" counts, I and IV. Shepherd v. U.S. Olympic Committee, 464 F. Supp. 2d 1072 (D. Colo. 2006). The Court found many parts of the claims problematic: the training facilities were not really "public accommodations" because they were limited to athletes preselected by the USOC; and the ASA separated the Olympics and Paralympics programs and created separate governing bodies, thus plaintiffs had not been "excluded." On January 10, 2007, final judgment was entered against the plaintiff as to Counts II and III. In this order, the court also granted the plaintiff's motion for partial summary adjudication regarding the employment claims.

On July 2, 2007, the docket indicates that a 2 week jury trial was scheduled for February 18 to 29, 2008. It appears the parties settled the employment-related claims. The case was dismissed with prejudice by stipulation on January 10, 2008. No settlement agreement is publicly available at this time.

The Tenth Circuit Court of Appeals consolidated the Shepherd and Hollonbeck cases on Plaintiff's appeal of the District Court's grant of the defendant's motion to dismiss the "athlete" claims. Judge Paul J. Kelly, Jr., writing for himself and Judge Jerome A. Holmes upheld the District Court's dismissal, finding that although the USOC's policy resulted in disparate impact on disabled athletes, this did not state a claim under the ADA and the Rehabilitation Act. Judge William J. Holloway, Jr. dissented and would have reversed the District Court. Hollonbeck v. U.S. Olympic Committee, 513 F.3d 1191 (10th Cir. 2008). There has been no further development in this case.

Summary Authors

Eric Weiler (7/1/2010)

Related Cases

Hollonbeck v. U.S. Olympic Committee, District of Colorado (2003)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4703140/parties/shepherd-v-us-olympic-committee/


Judge(s)

Hegarty, Michael E. (Colorado)

Holloway, William Judson Jr. (Oklahoma)

Holmes, Jerome A. (Oklahoma)

Kane, John L. Jr. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Breeskin, Michael Wayne (Colorado)

Faley, Andrea E. (Colorado)

Fox, Timothy Patrick (Colorado)

Greisen, Paula Dee (Colorado)

Jeffries, Countess Pease (California)

Judge(s)

Hegarty, Michael E. (Colorado)

Holloway, William Judson Jr. (Oklahoma)

Holmes, Jerome A. (Oklahoma)

Kane, John L. Jr. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Attorneys(s) for Plaintiff

Breeskin, Michael Wayne (Colorado)

Faley, Andrea E. (Colorado)

Fox, Timothy Patrick (Colorado)

Greisen, Paula Dee (Colorado)

Jeffries, Countess Pease (California)

Killmer, Darold W. (Colorado)

Krichiver, Ari Reuben (Colorado)

Newman, Mari Anne (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Asperger, James R. (California)

Bernhardt, Susan (Colorado)

Butler, Edward John (Colorado)

Cook, John William (Colorado)

Deeny, Raymond Miles (Colorado)

George, Jeffrey S. (Colorado)

Handman, Christopher Todd (District of Columbia)

Mackender, Darin L (Colorado)

Morgan, Virginia Starr (Colorado)

Turner, Anne Hall (Colorado)

Webber, Nancy Dawn (Colorado)

Other Attorney(s)

Bagenstos, Samuel R. (Missouri)

Documents in the Clearinghouse

Document

Docket

Shepherd v. United States Olympic Committee

April 29, 2008 Docket

Plaintiff's Supplemental Brief In Support Of His Motion For Partial Summary Judgment Pursuant To Fed. R. Civ. P. 56(a)

Shepherd v. United States Olympic Committee

Sept. 21, 2001 Pleading / Motion / Brief

Second Amended Complaint

Shepherd v. United States Olympic Committee

Oct. 9, 2001 Complaint
141

Plaintiff's Memorandum In Support Of His Motion For Partial Summary Adjudication

Shepherd v. United States Olympic Committee

Sept. 18, 2002 Pleading / Motion / Brief
145

Plaintiffs' Memorandum In Opposition To The USOC's Motion For Summary Judgment On Plaintiff's Second And Third Claims For Relief

Shepherd v. United States Olympic Committee

Oct. 9, 2002 Pleading / Motion / Brief
148

Plaintiff's Reply Memorandum In Support Of His Motion For Partial Summary Adjudication

Shepherd v. United States Olympic Committee

Oct. 16, 2002 Pleading / Motion / Brief
177

Defendant's Submission Of Recently-Decided Authority In Support Of Its Response In Opposition To Plaintiff's Motion For Summary judgment

Shepherd v. United States Olympic Committee

Sept. 19, 2005 Pleading / Motion / Brief
189

Opinion [Directing Parties To File Authorities Re Parties' Motions For Summary Judgment And Defendant's Motion To Dismiss]

Shepherd v. United States Olympic Committee

2006 U.S.Dist.LEXIS 39295

June 14, 2006 Order/Opinion
196

Memorandum Opinion And Order Granting Defendants' Dispositive Motions Re Athlete Claims

Shepherd v. United States Olympic Committee

464 F.Supp.2d 1072

Nov. 16, 2006 Order/Opinion
205

Direction Of Final Judgment Pursuant To F.R.C.P. Rule 54(b)

Shepherd v. United States Olympic Committee

Jan. 10, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4703140/shepherd-v-us-olympic-committee/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 10/26/1999)

Oct. 26, 1999 PACER

FILING FEE PAID: on 10/26/99 in the amount of $ 150, receipt # 210585. (former empl)

Oct. 26, 1999 PACER
2

MOTION by defendant US Olympic Committee to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), and to strike pursuant to Rule 12(f) (former empl) Modified on 11/29/1999 (Entered: 11/29/1999)

Nov. 24, 1999 PACER
3

BRIEF by defendant US Olympic Committee in support of motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (former empl) (Entered: 11/29/1999)

Nov. 24, 1999 PACER
4

MINUTE ORDER by Judge John L. Kane regarding [2-1] motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), regarding [2-2] motion to strike pursuant to Rule 12(f), response due 12/14/99, reply due 12/24/99 (cc: all counsel) ; entry date : 12/1/99 (former empl) (Entered: 12/01/1999)

Nov. 30, 1999 PACER
5

Ex Parte MOTION by defendant Intl Olympic Comm to extend time to 12/28/99 to answer (former empl) (Entered: 12/14/1999)

Dec. 13, 1999 PACER
6

BRIEF by plaintiff in opposition to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2]; evidentiary objection to afdt of John Samuelson (former empl) Modified on 12/14/1999 (Entered: 12/14/1999)

Dec. 14, 1999 PACER
7

MINUTE ORDER by Judge John L. Kane granting motion to extend time to 12/28/99 to answer [5-1] (cc: all counsel) entry date : 12/15/99 (former empl) (Entered: 12/15/1999)

Dec. 14, 1999 PACER
8

REPLY by defendant US Olympic Committee to response to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (gms) (Entered: 12/28/1999)

Dec. 27, 1999 PACER
9

MOTION by defendant Intl Olympic Comm to dismiss for lack of personal jurisdiction (lam) (Entered: 12/29/1999)

Dec. 28, 1999 PACER
10

MINUTE ORDER by Judge John L. Kane regarding [9-1] motion to dismiss for lack of personal jurisdiction, response due 1/20/00, reply due 1/30/00 (cc: all counsel) ; entry date : 1/3/00 (former empl) (Entered: 01/03/2000)

Dec. 30, 1999 PACER
11

LETTER to court from counsel for defendant US Olympic Committee requesting addition to mailing list (note: no entry of appearance filed; counsel has not signed any pleadings) (former empl) (Entered: 01/12/2000)

Jan. 5, 2000 PACER
12

ATTORNEY APPEARANCE for defendant US Olympic Committee by John William Cook, Virginia S. Morgan (former empl) (Entered: 01/18/2000)

Jan. 14, 2000 PACER
13

BRIEF by plaintiff in opposition to motion to dismiss for lack of personal jurisdiction [9-1]; afdt of Peter L. Warren (former empl) (Entered: 01/19/2000)

Jan. 19, 2000 PACER
14

MOTION by defendant Intl Olympic Comm to extend time to 2/4/00 to respond to brief in opp to motion to dismiss (former empl) (Entered: 01/28/2000)

Jan. 27, 2000 PACER
15

ORDER by Judge John L. Kane granting motion to extend time to 2/4/00 to respond to brief in opp [14-1], regarding [9-1] motion to dismiss for lack of personal jurisdiction (cc: all counsel) ; entry date : 1/28/00 (former empl) (Entered: 01/28/2000)

Jan. 27, 2000 PACER
16

REPLY by defendant Intl Olympic Comm to brief in opp to motion to dismiss for lack of personal jurisdiction [9-1] (former empl) (Entered: 02/07/2000)

Feb. 4, 2000 PACER
17

MEMORANDUM, OPINION, AND ORDER by Judge John L. Kane: granting dft IOC's motion to dismiss for lack of personal jurisdiction [9-1] and dismissing case against dft Intl Olympic Comm with each party to pay own costs; dft USOC's motion to dismiss purs to FRCP 12(b)(6) or in the alternative for summary jgm purs to FRCP 56(c) [2-1], and motion to strike purs to FRCP 56(c) [2-2] is granted insofar as it seeks to dismiss the claims 1, 2 and 3 w/out prejudice for failure to exhaust administrative remedies; denied insofar as it seeks dismissal of claims 4-17; granted insofar as it seeks to dismiss the 18th and 19th claims w/out prejudice; denied insofar as it seeks dismissal of the 20 claim; granted insofar as it seeks to strike as immaterial the claim for punitive damages for alleged breach of contract; granted insofar as it seeks dismissal of the 21st claim w/prejudice; denied insofar as it seeks dismissal of the 22nd claim; granted insofar as it seeks dismissal of the 23rd claim w/out prejudice; denied insofar as it seeks to dismiss the reqs for damages for emotional pain & suffering (cc: all counsel) ; entry date : 4/21/00 (lam) (Entered: 04/21/2000)

April 20, 2000 PACER
18

ANSWER by defendant to complaint [1-1] (former empl) (Entered: 05/04/2000)

May 3, 2000 PACER
19

Minute ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 9:30 6/5/00 (cc: all counsel) (gms) (Entered: 05/08/2000)

May 5, 2000 PACER
20

COURTROOM MINUTES OF SCHED CONF by Judge John L. Kane rule 16 conf held on 6/5/00 ; entry date : 6/6/00 Court Reporter: Paul Zuckerman (former empl) (Entered: 06/06/2000)

June 5, 2000 PACER
21

Stipulated SCHEDULING & Discovery ORDER Judge John L. Kane discovery cutoff 3/30/01; dispositive motions due 4/30/01 (cc: all counsel) (former empl) (Entered: 06/06/2000)

June 5, 2000 PACER
22

MOTION by Natl Archery Assoc, USA Shooting, USA Cycling, Inc., USA Swimming, United States Water Polo, United States Amateur Boxing, The United States Figure Skating Association and U.S. Modern Pentathlon Association for protective orders and to quash subpoenas (former empl) (Entered: 08/22/2000)

Aug. 18, 2000 PACER
23

Third-Party Witnesses SUPPLEMENT to motion for protective orders and to quash subpoenas [22-1] Adds USA Track & Field association as a movant (former empl) (Entered: 08/22/2000)

Aug. 21, 2000 PACER
24

MINUTE ORDER : by Judge John L. Kane setting hearing on motion for protective orders and to quash subpoenas [22-1] 9:30 9/5/00 (cc: all counsel) ; entry date : 8/23/00 (former empl) (Entered: 08/23/2000)

Aug. 22, 2000 PACER
25

Second SUPPLEMENT adding USA Hockey, Inc. to motion of third party witnesses for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/24/2000)

Aug. 23, 2000 PACER
26

Third Party SUPPLEMENT by to third party motion for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
27

AFFIDAVIT of Countess Pease Jeffries in opposition to motion for protective orders and to quash subpoenas [22-1] Request for Attorneys Fees/Sanctions (former empl) (Entered: 08/30/2000)

Aug. 30, 2000 PACER
28

Addenda (APPENDIX) filed to affidavit [27-1] (former empl) (Entered: 08/30/2000)

Aug. 30, 2000 PACER
29

COURTROOM MINUTES by Judge John L. Kane denying third-party witnesses motion for protective orders and granting motion to quash subpoenas [22-1]; request for attorney's fees is denied. ORDERED: By 9/20/00 pla shall serve requests for production and request for admissiions on dft. Answers are due 10/20/00. No extensions. Except for production and admissions no and other discovery proceedings are stayed ; entry date : 9/5/00 Court Reporter: Geneva Mattei (former empl) (Entered: 09/05/2000)

Sept. 5, 2000 PACER
30

TRANSCRIPT of Motion for Protective Orders on 9/5/00 before Judge Kane ( pages: 14) Prepared By: Federal Reporting Service (certified copy) (former empl) (Entered: 01/23/2001)

Jan. 22, 2001 PACER
31

STATUS REPORT re discovery by plaintiff (former empl) (Entered: 01/23/2001)

Jan. 22, 2001 PACER
32

MOTION by plaintiff for partial summary judgment (former empl) (Entered: 01/23/2001)

Jan. 22, 2001 PACER
33

EXHIBITS (8 Volumes) by plaintiff Mark E. Shepherd to motion for partial summary judgment [32-1] (former empl) (Entered: 01/23/2001)

Jan. 22, 2001 PACER
34

MINUTE ORDER : by Judge John L. Kane regarding [31-1] status report dft shall respond by 2/5/01. (cc: all counsel) ; entry date : 1/24/01 (former empl) (Entered: 01/24/2001)

Jan. 23, 2001 PACER
35

NOTICE by plaintiff's counsel of unavailability (former empl) (Entered: 01/24/2001)

Jan. 23, 2001 PACER
36

Request (MOTION) by defendant for scheduling conf (former empl) (Entered: 01/26/2001)

Jan. 25, 2001 PACER
37

MOTION by plaintiff for leave to file first amendment to the complaint [1-1] (former empl) (Entered: 01/29/2001)

Jan. 26, 2001 PACER
38

Amendment by dft to response to pla's status report and (AMENDED MOTION) request for scheduling conf regarding motion for scheduling conf [36-1] (former empl) (Entered: 01/29/2001)

Jan. 26, 2001 PACER
39

REPLY by plaintiff to response [36-1] to pla's status report, affidavit of Countess Pease Jeffries (former empl) (Entered: 02/02/2001)

Feb. 1, 2001 PACER
40

MOTION by defendant for an extension of time to fiel opp brief (former empl) (Entered: 02/02/2001)

Feb. 1, 2001 PACER
41

MINUTE ORDER : by Judge John L. Kane granting motion for an extension of time to 3/19/01 to file opp brief [40-1] Pla may reply by 3/30/01 (cc: all counsel) ; entry date : 2/2/01 (former empl) (Entered: 02/02/2001)

Feb. 1, 2001 PACER
42

MINUTE ORDER : by Judge John L. Kane granting pla's motion for leave to file first amendment to the complaint [1-1] [37-1] (cc: all counsel) ; entry date : 2/5/01 (former empl) (Entered: 02/05/2001)

Feb. 2, 2001 PACER
43

First AMENDment to the COMPLAINT [1-1] by plaintiff (former empl) (Entered: 02/05/2001)

Feb. 2, 2001 PACER
46

2nd MOTION by defendant for extension of time to file opposition brief to 3/26/01 (former empl) (Entered: 03/08/2001)

Feb. 6, 2001 PACER
44

ANSWER by defendant to first amendment to complaint [43-1] (former empl) (Entered: 02/12/2001)

Feb. 9, 2001 PACER
45

MINUTE ORDER : by Judge John L. Kane granting dft's request for scheduling conf [38-1] ; rule 16 conference set for 2:00 5/1/01 (cc: all counsel) ; entry date : 2/26/01 (former empl) (Entered: 02/26/2001)

Feb. 22, 2001 PACER
47

MINUTE ORDER : by Judge John L. Kane granting dft's motion for extension of time to file opposition brief to 3/30/01 [46-1] Pla shall have to 4/10/01 to reply (cc: all counsel) ; entry date : 3/8/01 (former empl) (Entered: 03/08/2001)

March 7, 2001 PACER
48

Opposition (RESPONSE) by plaintiff to dft's 2nd motion for extension of time to file opposition brief to 3/26/01 [46-1] (former empl) (Entered: 03/12/2001)

March 8, 2001 PACER
49

Unopposed MOTION by defendant for leave to file oversized brief in opp to pla's mtn for partial sum jgm (former empl) (Entered: 03/22/2001)

March 21, 2001 PACER
50

MOTION by plaintiff for sanctions and afdt of Countes Pease Jeffries (former empl) (Entered: 03/29/2001)

March 28, 2001 PACER
51

RESPONSE by defendant to in opp to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/02/2001)

March 30, 2001 PACER
53

Separate RESPONSE by defendant to pla's separate stmt of uncontroverted facts (former empl) (Entered: 04/04/2001)

March 30, 2001 PACER
52

MINUTE ORDER : by Judge John L. Kane granting dft's unopposed motion for leave to file oversized brief in opp to pla's mtn for partial sum jgm [49-1] (cc: all counsel) ; entry date : 4/3/01 (former empl) (Entered: 04/03/2001)

April 2, 2001 PACER
54

MINUTE ORDER : by Judge John L. Kane denying as premature pla's motion for sanctions [50-1] with leave to re-file if appropriate following court's decision on mtn for sum jgm. (cc: all counsel) ; entry date : 4/6/01 (former empl) (Entered: 04/06/2001)

April 5, 2001 PACER
55

Evidentiary objs and MOTION by plaintiff to strike (certain exhibits to motion response [51-1]) (former empl) (Entered: 04/12/2001)

April 10, 2001 PACER
56

REPLY by plaintiff to dft's opposition to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/12/2001)

April 10, 2001 PACER
57

MINUTE ORDER : by Judge John L. Kane regarding [55-1] motion to strike (certain exhibits to motion response [51-1]) Dft shall respond on or before 5/1/01. Pla shall reply on or before 5/11/01 (cc: all counsel) ; entry date : 4/17/01 (erv) (Entered: 04/17/2001)

April 13, 2001 PACER
58

Application (MOTION) by plaintiff for continuance of scheduling conference set 5/1/01 (gms) (Entered: 04/23/2001)

April 18, 2001 PACER
59

RESPONSE by defendant US Olympic Committee in opposition to motion for continuance of scheduling conference set 5/1/01 [58-1] (gms) (Entered: 04/23/2001)

April 19, 2001 PACER
60

MINUTE ORDER : by Judge John L. Kane denying pla's application (motion) for continuance of scheduling conference set 5/1/01 [58-1] (cc: all counsel) ; entry date : 4/25/01 (former empl) (Entered: 04/25/2001)

April 24, 2001 PACER
61

MINUTE ORDER : by Judge John L. Kane ; rule 16 conference time changed to 3:00 on 5/1/01 (cc: all counsel) ; entry date : 4/27/01 (former empl) (Entered: 04/27/2001)

April 26, 2001 PACER
62

Supplement to Stipulated Scheduling and Discovery Order: AFFIDAVIT of Countess Pease Jeffries, Esq. (former empl) (Entered: 05/01/2001)

April 30, 2001 PACER
63

MINUTE ORDER : by Judge John L. Kane Vacating rule 16 conf scheduled for 5/1/01 (cc: all counsel) ; entry date : 5/1/01 (former empl) (Entered: 05/01/2001)

May 1, 2001 PACER
64

RESPONSE in Opposition by defendant US Olympic Committee to Pltf's Evidentiary Objections and motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/02/2001)

May 1, 2001 PACER
65

ORDER on Scheduling and Case Management Issues Judge John L. Kane ; Discovery cutoff 11/30/01 ;dispositive motions due 12/28/01 (cc: all counsel) (former empl) (Entered: 05/08/2001)

May 7, 2001 PACER
66

REPLY by plaintiff to response to motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/10/2001)

May 10, 2001 PACER
67

ADDENDA TO STIPULATED SCHEDULING AND DISCOVERY ORDER by plaintiff (former empl) (Entered: 05/15/2001)

May 14, 2001 PACER
68

MOTION by defendant US Olympic Committee to File Amended Answer and Amended Answer to First Amendment to Complaint (former empl) (Entered: 08/10/2001)

Aug. 10, 2001 PACER

Tendered Amended Answer and Amended Answer to First Amendment to Complaint submitted by defendant US Olympic Committee re: motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (former empl)

Aug. 10, 2001 PACER
69

MINUTE ORDER : by Judge John L. Kane granting motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (cc: all counsel) ; entry date : 8/14/01 (former empl) (Entered: 08/14/2001)

Aug. 13, 2001 PACER
70

AMENDED ANSWER and Amended Answer to First Amendment to Complaint [44-1], [18-1] by defendant US Olympic Committee (former empl) (Entered: 08/14/2001)

Aug. 13, 2001 PACER
71

MOTION by plaintiff for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley (former empl) (Entered: 09/17/2001)

Sept. 14, 2001 PACER
72

MINUTE ORDER : by Judge John L. Kane granting motion for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley [71-1] attorney Countess Pease Jeffries for Mark E. Shepherd (cc: all counsel) ; entry date : 9/19/01 (former empl) (Entered: 09/19/2001)

Sept. 18, 2001 PACER
73

MOTION by plaintiff for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) (former empl) (Entered: 09/21/2001)

Sept. 21, 2001 PACER

Tendered Pltf's Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) submitted by plaintiff re: motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] (former empl)

Sept. 21, 2001 PACER
74

MOTION by plaintiff to amend schedule order [65-1] (former empl) (Entered: 09/21/2001)

Sept. 21, 2001 PACER
75

MOTION by plaintiff for Protective Order Regarding the Deposition of Plaintiff Shepherd (former empl) (Entered: 09/24/2001)

Sept. 24, 2001 PACER
76

MINUTE ORDER : by Judge John L. Kane granting motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] and Dfts may file a suppl response by 10/5/01 (cc: all counsel) ; entry date : 9/25/01 (former empl) (Entered: 09/25/2001)

Sept. 24, 2001 PACER
77

Supplemental BRIEF by plaintiff in support of motion for partial summary judgment [32-1] pursuant to Fed.R.Civ.P. 56(a) (former empl) (Entered: 09/25/2001)

Sept. 24, 2001 PACER
78

MINUTE ORDER : by Judge John L. Kane granting motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1]; hearing on sanctions previously set 10/9/01 10:00 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)

Sept. 27, 2001 PACER
79

MINUTE ORDER : by Judge John L. Kane setting hearing on pla's motion to amend schedule order [65-1] [74-1] 10:00 10/9/01 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)

Sept. 27, 2001 PACER
80

RESPONSE by defendant US Olympic Committee to pla's motion to amend schedule order [65-1] [74-1] and pla's motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1] (gms) (Entered: 10/01/2001)

Sept. 28, 2001 PACER
81

STIPULATION re: 1) Pltf's Motion to Modify Case Management Order; 2) Dft's Withdrawal of Affirmative Defense; 3) Pltf's Motion for Leave to File Amended Complaint by plaintiff Mark E. Shepherd, defendant US Olympic Committee (former empl) (Entered: 10/09/2001)

Oct. 5, 2001 PACER
82

Unopposed MOTION by plaintiff for leave to File a Second Amended Complaint (former empl) (Entered: 10/09/2001)

Oct. 9, 2001 PACER

Tendered Second Amended Complaint submitted by plaintiff re: motion for leave to File a Second Amended Complaint [82-1] (former empl)

Oct. 9, 2001 PACER
83

MINUTE ORDER : by Judge John L. Kane denying as moot motion to amend schedule order [65-1] [74-1] and motion to strike (certain exhibits to motion response [51-1]) [55-1] (cc: all counsel) ; entry date : 10/10/01 (former empl) (Entered: 10/10/2001)

Oct. 9, 2001 PACER
84

COURTROOM MINUTES by Judge John L. Kane denying w/o prej as being moot motion for partial summary judgment [32-1], granting motion for leave to File a Second Amended Complaint [82-1] ; Pltf's Oral Motion to Include the Work Willful in Describing Dft's Conduct in Count Four of the Second Amended Complaint is granted; Court will not consider sanctions on Pltf's former cnsl unless a motion is filed and served on former cnsl. Sanctions will also not be imposed on present cnsl because of their current efforts. Atty fees shall not be assessed entry date : 10/10/01 Court Reporter: ECR (former empl) (Entered: 10/10/2001)

Oct. 9, 2001 PACER
85

SECOND AMENDED COMPLAINT [43-1] by plaintiff; jury demand (former empl) (Entered: 10/10/2001)

Oct. 10, 2001 PACER
86

TRANSCRIPT of Hearing on 10/9/01 before Judge Kane, Jr. ( pages: 20) Prepared By: Fed Rpting Svc (certified copy) (former empl) (Entered: 10/24/2001)

Oct. 23, 2001 PACER
87

ANSWER by defendant to second amended complaint [85-1] (former empl) (Entered: 10/25/2001)

Oct. 24, 2001 PACER
88

Unopposed MOTION by plaintiff to file third amended complaint [85-1] (pap) (Entered: 12/31/2001)

Dec. 28, 2001 PACER

Tendered Third Amended Complaint submitted by plaintiff re: motion to file third amended complaint [85-1] [88-1] (pap)

Dec. 28, 2001 PACER
89

MINUTE ORDER : by Judge John L. Kane granting motion to file third amended complaint [85-1] [88-1] (cc: all counsel) ; entry date : 1/3/02 (former empl) (Entered: 01/03/2002)

Jan. 3, 2002 PACER
90

THIRD AMENDED COMPLAINT [85-1] by plaintiff; jury demand (former empl) (Entered: 01/03/2002)

Jan. 3, 2002 PACER
91

ANSWER by defendant US Olympic Committee to third amended complaint [90-1] (former empl) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
92

MOTION by defendant US Olympic Committee to dismiss Claim for Wrongful Discharge in Violation of Public Policy (former empl) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
93

BRIEF in Support by defendant in support of motion to dismiss Claim for Wrongful Discharge in Violation of Public Policy [92-1] (former empl) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
94

MINUTE ORDER : by Judge John L. Kane regarding [92-1] motion to dismiss Claim for Wrongful Discharge in Violation of Public Policy; reponse due 2/4/02 and reply due 2/14/02 (cc: all counsel) ; entry date : 1/15/02 (former empl) (Entered: 01/15/2002)

Jan. 14, 2002 PACER
95

Unopposed MOTION by plaintiff for Extension of Time to Respond to Motion to Dismiss Claim for Wrongful Discharge in Violation of Public Policy to 2/18/02 (former empl) (Entered: 02/04/2002)

Feb. 1, 2002 PACER

State / Territory: Colorado

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Oct. 26, 1999

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Paralympic athlete and employee of U.S. Olympic Committee

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Olympic Committee (Colorado Springs), Federal

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)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Private Settlement Agreement