Case: Hollonbeck v. U.S. Olympic Committee

1:03-cv-01364 | U.S. District Court for the District of Colorado

Filed Date: July 28, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On July 28, 2003, disabled athletes of the Paralympic Games and a marketing company sued the U.S. Olympic Committee in the U.S. District Court for the District of Colorado, Judge John L. Kane, claiming that the USOC had a policy of giving grants, tuition assistance, and health insurance benefits only to Olympic and Pan American Games athletes but not to paralympic athletes. The USOC also allegedly denied paralympic athletes access to training facilities and did not give them cash rewards for wi…

On July 28, 2003, disabled athletes of the Paralympic Games and a marketing company sued the U.S. Olympic Committee in the U.S. District Court for the District of Colorado, Judge John L. Kane, claiming that the USOC had a policy of giving grants, tuition assistance, and health insurance benefits only to Olympic and Pan American Games athletes but not to paralympic athletes. The USOC also allegedly denied paralympic athletes access to training facilities and did not give them cash rewards for winning medals, like olympic athletes. The plaintiffs claimed these practices violate Title III of the Americans With Disabilities Act, 42 U.S.C. § 12181; and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794.

Although the Court never specifically ordered consolidation, on June 14, 2006, an order regarding motions for summary judgment consolidated the Hollonbeck Case with Shepherd v. U.S. Olympic Committee, also filed in the District of Colorado under Judge Kane. The complaint was filed on October 26, 1999.

The individual plaintiffs were all athletes with disabilities who competed in the Paralympic Games, an international competition similar to the Olympic Games. The marketing company was a Georgia Corporation owned and managed by one of the plaintiffs. It was founded for the purpose of obtaining sponsors for the Paralympics.

The plaintiffs filed an amended complaint on October 22, 2003 adding claims for breach of contract and promissory estoppel regarding a contract between the marketing company and USOC.

The plaintiffs sought: a declaratory judgment that the defendants' actions violated the ADA, the Rehabilitation Act, and constituted a breach of contract; an injunction requiring the defendants to provide equal access to services and benefits to paralympic athletes; compensatory and other damages under state law and the Rehabilitation Act; and attorneys' fees and costs.

On November 16, 2006, the District Court granted the defendants' motion to dismiss Counts I and II. Hollonbeck v. U.S. Olympic Committee, 464 F. Supp. 2d 1072 (D. Colo. 2006). The Court found many parts of the claims problematic; that the training facilities were not really "public accommodations" because they were limited to athletes preselected by the USOC; that the ASA separated the Olympics and Paralympics programs with their own governing bodies, thus plaintiffs had not been "excluded;" and that the plaintiffs' complaint asked for equal rather than equivalent accommodations, which is not required by the ADA. The docket indicates that on January 10, 2007, the clerk entered final judgment on Counts I and II against the plaintiffs.

On July 12, 2007, the District Court dismissed the plaintiffs' remaining claims regarding the marketing contract and entered final judgment for the defendants.

The United States Court of Appeals, Tenth Circuit, consolidated the Shepherd and Hollonbeck cases for appeal. All plaintiffs appealed the District Court's grant of the defendants' motion to dismiss the plaintiffs' claims. The Court of Appeals 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 Holloway dissented and would have reversed the District Court. Hollonbeck v. U.S. Olympic Committee, 513 F.3d 1191 (10th Cir. 2008).

On October 6, 2008, the Supreme Court denied the plaintiffs' petition for a writ of certiorari. Hollonbeck v. U.S. Olympic Committee, 129 S. Ct. 114 (2008). The last entry on the docket, on October 14, 2008, notes the Supreme Court's order.

Summary Authors

Eric Weiler (7/3/2010)

Related Cases

Shepherd v. U.S. Olympic Committee, District of Colorado (1999)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4703150/parties/hollonbeck-v-us-olympic-committee/


Judge(s)

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)

Fox, Timothy Patrick (Colorado)

Killmer, Darold W. (Colorado)

Krichiver, Ari Reuben (Colorado)

Robertson, Amy Farr (Colorado)

Schnapper, Eric (New York)

Judge(s)

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)

Fox, Timothy Patrick (Colorado)

Killmer, Darold W. (Colorado)

Krichiver, Ari Reuben (Colorado)

Robertson, Amy Farr (Colorado)

Schnapper, Eric (New York)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Butler, Edward John (Colorado)

Cook, John William (Colorado)

Deeny, Raymond Miles (Colorado)

George, Jeffrey S. (Colorado)

Handman, Christopher Todd (District of Columbia)

Morgan, Virginia Starr (Colorado)

Turner, Anne Hall (Colorado)

Webber, Nancy Dawn (Colorado)

Other Attorney(s)

Bagenstos, Samuel R. (Missouri)

Documents in the Clearinghouse

Document

1:03-cv-01364

Docket

Oct. 14, 2008

Oct. 14, 2008

Docket

1:03-cv-01364

Amended Complaint

Oct. 21, 2003

Oct. 21, 2003

Complaint
11

1:03-cv-01364

Plaintiffs' Brief In Opposition To Defendants' Motion To Dismiss Plaintiffs' Claims ADA And Rehab Act Claims Pursuant To Fed. R. Civ. P. 12(B)(6)

Nov. 14, 2003

Nov. 14, 2003

Pleading / Motion / Brief
32

1:03-cv-01364

Plaintiffs' Second Submission Of Supplemental Authority

Aug. 1, 2005

Aug. 1, 2005

Pleading / Motion / Brief
46

1:03-cv-01364

1:99-cv-02077

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

2006 U.S.Dist.LEXIS 39295

June 14, 2006

June 14, 2006

Order/Opinion
54

1:03-cv-01364

1:99-cv-02077

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

464 F.Supp.2d 1072

Nov. 16, 2006

Nov. 16, 2006

Order/Opinion
66

1:03-cv-01364

Defendants' Answer And Affirmative Defenses To Plaintiffs' Amended Complaint And U.S. Paralympics Inc.'s Counterclaim

Feb. 2, 2007

Feb. 2, 2007

Pleading / Motion / Brief
78

1:03-cv-01364

Plaintiff / Counterclaim Defendant Vie Sports Marketing, Inc.'s Reply And Defenses To The Counterclaim Of Defendant U.S. Paralympics, Inc.

Feb. 28, 2007

Feb. 28, 2007

Pleading / Motion / Brief

07-01053

07-01056

Appellants' Consolidated Opening Brief

U. S. Court of Appeals for the Tenth Circuit

May 2, 2007

May 2, 2007

Pleading / Motion / Brief
87

1:03-cv-01364

Order Dismissing With Prejudice Vie Sports Marketing, Inc.'s Claims And U.S. Paralympics, Inc.'s Counterclaim

July 12, 2007

July 12, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4703150/hollonbeck-v-us-olympic-committee/

Last updated Aug. 2, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
33

MINUTE ORDER granting in part 29 MOTION for Ruling or Combined Oral Argument by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. Oral argument is set for 9/21/05 at 1:30 p.m., Ctrm A802. Argument w/be limited to the athlete issues common to this case and 99-cv-2077-JLK by Judge John L. Kane on 8/17/05. (dlb, ) (Modified on 8/17/2005 to add Minute)(dlb, ).

Aug. 17, 2005

Aug. 17, 2005

RECAP
1

COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 07/29/2003)

July 28, 2003

July 28, 2003

40

STIPULATION AND PROTECTIVE ORDER pursuant to 39 Joint MOTION for Protective Order . Signed by Judge John L. Kane on 4/25/06. (dln, )

April 25, 2006

April 25, 2006

RECAP

FILING FEE PAID: on 7/28/03 in the amount of $ 150, receipt # 245055. (bpm) (Entered: 07/29/2003)

July 28, 2003

July 28, 2003

46

ORDER granting as specified 43 MOTION for Ruling on 3 Motion to Dismiss by Plaintiffs . Signed by Judge John L. Kane on 6/14/06. (dln, )

June 14, 2006

June 14, 2006

RECAP
2

MOTION by defendants to dismiss Vie Sports claims for lack of subject matter jurisdiction purs to Fed.R.civ.P. 12(B)(1) (dlb) Modified on 01/21/2004 (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

3

MOTION by defendants to dismiss pla's ADA and Rehab Act Claims purs to Fed.R.Civ.P. 12(B)(6) (dlb) (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

54

MEMORANDUM OPINION AND ORDER: 3 MOTION by defendants to dismiss pla's ADA and Rehab Act Claims purs to Fed.R.Civ.P. 12(B)(6) is granted. Signed by Judge John L. Kane on 11/16/06. (dln, )

Nov. 16, 2006

Nov. 16, 2006

RECAP
4

Unopposed MOTION by plaintiffs to extend time to resp to dft's mtn to dismiss (dlb) (Entered: 10/08/2003)

Oct. 7, 2003

Oct. 7, 2003

65

Minute ORDER denying without Prejudice Defendant's 12 Motion to Dismiss for Lack of Jurisdiction; denying as Moot Plaintiffs' 44 Motion for Scheduling Conference and Commencement of Discovery by Judge John L. Kane on 02/01/07.(jjh, )

Feb. 1, 2007

Feb. 1, 2007

RECAP
5

MINUTE ORDER : by Judge John L. Kane granting motion to extend time to resp to dft's mtn to dismiss [4−1], regarding [3−1] dft's motion to dismiss pla's ADA and Rehab Act Claims, and [2−1] motion to dismiss for lack of jurisdiction; pla's resp due by 11/14/03; dft reply by 12/2/03; (cc: all counsel) ; entry date : 10/9/03 (dlb) (Entered: 10/09/2003)

Oct. 8, 2003

Oct. 8, 2003

6

MOTION by plaintiffs for leave to amend complaint [1−1] (dlb) (Entered: 10/22/2003)

Oct. 21, 2003

Oct. 21, 2003

Tendered Amended Complaint submitted by plaintiff re: motion for leave to amend complaint [1−1] [6−1] (dlb) (Entered: 10/22/2003)

Oct. 21, 2003

Oct. 21, 2003

7

ORDER by Judge John L. Kane granting motion for leave to amend complaint [1−1] [6−1] (cc: all counsel) ; entry date : 10/23/03 (dlb) (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

8

AMENDED COMPLAINT [1−1] by plaintiff; jury demand (dlb) (Entered: 10/23/2003)

Oct. 22, 2003

Oct. 22, 2003

10

ORDER by Judge John L. Kane granting stipulated motion for order re: briefing schedule [9−1] regarding [8−1] pla's amended complaint; USOC's ext of ddl to respond is 11/24/03; if USOC files an add'l mtn to dismiss; Vie Sports' shall respond by 12/17/03; USOC shall reply by 1/5/04; regarding [2−1] motion to dismiss for lack of jurisdiction, briefing is STAYED until the court has ruled on the NEW 12(b)(6) mtn; if the court grants the new 12(b)(6) mtn; Vie Sports shall respond to the USOC's mtn to dismiss within 15 days of that decision; Vie Sports shall reply no later 18 days; (cc: all counsel) ; entry date : 11/4/03 (dlb) (Entered: 11/04/2003)

Nov. 4, 2003

Nov. 4, 2003

11

BRIEF by plaintiffs in opposition to dft's motion to dismiss pla's ADA and Rehab Act Claims [3−1] (dlb) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

12

MOTION by defendants to dismiss Vie Sports federal discrimination claims for lack of subject matter jurisdiction purs to Fed.R.Civ.P. 12(B)(1) (dlb) Modified on 01/21/2004 (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

13

REPLY by defendants to pla's response to dft's motion to dismiss pla's ADA and Rehab Act Claims [3−1] (dlb) (Entered: 12/03/2003)

Dec. 2, 2003

Dec. 2, 2003

14

MINUTE ORDER : by Judge John L. Kane regarding [12−1] dft's motion to dismiss for lack of jurisdiction, plas shall resp by 12/17/03; dfts shall reply by 1/5/04 (cc: all counsel) ; entry date : 12/3/03 (dlb) (Entered: 12/03/2003)

Dec. 2, 2003

Dec. 2, 2003

15

Unopposed MOTION by plaintiffs to extend time to 12/31/03 to respond to dft's mtn to dismiss (dlb) (Entered: 12/11/2003)

Dec. 10, 2003

Dec. 10, 2003

16

MINUTE ORDER : by Judge John L. Kane granting pla's motion to extend time to 12/31/03 to respond to dft's mtn to dismiss [15−1], regarding [12−1] dft's motion to dismiss for lack of jurisdiction (cc: all counsel) ; entry date : 1/12/04 (dlb) (Entered: 01/12/2004)

Dec. 11, 2003

Dec. 11, 2003

17

Opposition (RESPONSE) by plaintiffs to dft's motion to dismiss for lack of jurisdiction [12−1] (dlb) (Entered: 01/12/2004)

Dec. 31, 2003

Dec. 31, 2003

18

REPLY by dfts US Olympic Committee, U.S. Paralympics Inc to response to motion to dismiss Vie Sports federal discrimination claims for lack of subject matter jurisdiction [12−1] (gms) (Entered: 01/21/2004)

Jan. 20, 2004

Jan. 20, 2004

19

MOTION by plaintiffs for leave to submit recently−decided authority in opp to dft's mtn to dismiss pla's ADA and Rehab Act Claims purs to Fed.R.Civ.P. 12(b)(6) *attached to motion (dlb) (Entered: 02/10/2004)

Feb. 10, 2004

Feb. 10, 2004

20

MINUTE ORDER : by Judge John L. Kane granting motion for leave to submit recently−decided authority in opp to dft's mtn to dismiss pla's ADA and Rehab Act Claims [19−1], regarding [3−1] motion to dismiss pla's ADA and Rehab Act Claims, dfts may file a short response by 2/20/04 (cc: all counsel) ; entry date : 2/13/04 (dlb) (Entered: 02/13/2004)

Feb. 12, 2004

Feb. 12, 2004

21

RESPONSE by US Olympic Committee, U.S. Paralympics Inc to pla's supplemental authority [19−1] *included in motion (dlb) (Entered: 02/23/2004)

Feb. 20, 2004

Feb. 20, 2004

22

MOTION by plaintiffs for scheduling conference (hearing) and to commence discovery (dlb) (Entered: 04/12/2004)

April 9, 2004

April 9, 2004

23

MINUTE ORDER : by Judge John L. Kane granting in part pla's motion for scheduling conference (hearing) and to commence discovery [22−1]; the mtn is granted to the extent it req a sched conf; pla's mtn is denied to the extent it req discovery to commence immediately ; rule 16 conference set for 10:00 7/28/04 (cc: all counsel) ; entry date : 4/19/04 (dlb) (Entered: 04/19/2004)

April 16, 2004

April 16, 2004

24

Unopposed MOTION by plaintiffs for relief from 21 day ddl for Rule 26(f) meeting (dlb) (Entered: 06/21/2004)

June 18, 2004

June 18, 2004

25

MINUTE ORDER : by Judge John L. Kane granting motion for relief from 21 day ddl for Rule 26(f) meeting [24−1] (cc: all counsel) ; entry date : 6/22/04 (dlb)

June 22, 2004

June 22, 2004

27

Submission of SUPPLEMENTAL Authority by plaintiff (dlb) (Entered: 09/03/2004)

Sept. 2, 2004

Sept. 2, 2004

28

RESPONSE by defendants to pla's supplemental authority [27−1] (dlb) (Entered: 09/23/2004)

Sept. 22, 2004

Sept. 22, 2004

29

MOTION for Ruling or Combined Oral Argument by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/27/2005)

June 27, 2005

June 27, 2005

30

MOTION for Leave to Appear by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Williams, Kevin) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

31

NOTICE of Entry of Appearance by Kevin William Williams on behalf of all plaintiffs (Williams, Kevin) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

32

Second Supplement to 17 Opposition (RESPONSE) by plaintiffs to dft's motion to dismiss for lack of jurisdiction [12−1] by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Attachments: # 1 Appendix Supplemental Authority)(Robertson, Amy) (Modified on 8/2/2005 to correct linkage and verbiage) (dlb, ). (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

34

NOTICE of Entry of Appearance of Christopher T. Handman by John William Cook on behalf of United States Olympic Committee, U.S. Paralympics, Inc. (Cook, John) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

35

NOTICE of Entry of Appearance (Amended) for Christopher T. Handman as Co−Counsel by John William Cook on behalf of United States Olympic Committee, U.S. Paralympics, Inc. (Cook, John) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

36

Minute Entry for proceedings held before Judge John L. Kane : Motion Hearing held on 9/21/2005. Denying 2 Motion to Dismiss/Lack of Jurisdiction filed by United States Olympic Committee, U.S. Paralympics, Inc. and taking under advisement 3 Motion to Dismiss filed by United States Olympic Committee, U.S. Paralympics, Inc. (Court Reporter Adrienne Whitlow.) (gms, ) (Entered: 09/23/2005)

Sept. 21, 2005

Sept. 21, 2005

37

ORDER denying 2 Motion to Dismiss for Lack of Jurisdiction, taking under advisement 3 Motion to Dismiss pursuant to the minutes by Judge John L. Kane on 9/21/05. (Text only entry − no document attached) (gms, ) (Entered: 09/23/2005)

Sept. 21, 2005

Sept. 21, 2005

TRANSCRIPT of Motions Hearing held on September 21, 2005 for Case No. 99−cv−02077−JLK and 03−cv−01364−JLK before Judge John L. Kane, Jr. Prepared by: Adrienne Whitlow, CSR. Pages: 1 − 61. (certified copy) Text Only Entry − Available in paper format at the Clerk's Office. [The paper formate copy is filed in case no. 99−cv−02077−JLK, Document #180]. (dlb, ) (Entered: 10/06/2005)

Oct. 4, 2005

Oct. 4, 2005

38

STIPULATION and Protective Order by Defendants United States Olympic Committee, U.S. Paralympics, Inc., U.S. Paralympics, Inc.. (Attachments: # 1 Exhibit A)(Morgan, Virginia) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

39

Joint MOTION for Protective Order by Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Stipulation and Protective Order# 2 Exhibit A)(Morgan, Virginia) (Entered:

April 20, 2006

April 20, 2006

41

MOTION to Withdraw as Attorney by Virginia S. Morgan by Defendant United States Olympic Committee. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion)(Morgan, Virginia) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

42

ORDER granting 41 Motion to Withdraw Attorney Virginia Starr Morgan as counsel for Defendant United States Olympic Committee. Signed by Judge John L. Kane on 6/5/06. (dln, ) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

43

MOTION for Ruling on 3 Motion to Dismiss by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

44

MOTION for Hearing/Conference : Scheduling Conference and Commencement of Discovery by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Robertson, Amy) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

45

MINUTE ORDER re: 44 MOTION for Hearing/Conference : Scheduling Conference and Commencement of Discovery by Plaintiffs. Defendants shall respond by 6/15/06. No reply is necessary unless requested by Judge John L. Kane on 6/7/06. (dln, ) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

47

NOTICE of Entry of Appearance by John William Cook on behalf of all defendants (Cook, John) (Entered: 06/16/2006)

June 16, 2006

June 16, 2006

48

MOTION For Extension of Time to Submit Proposed Orders by Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Order)(Cook, John) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

49

RESPONSE to Motion re 44 MOTION for Hearing/Conference : Scheduling Conference and Commencement of Discovery filed by Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Cook, John) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

50

ORDER granting to 7/12/06 48 MOTION For Extension of Time to Submit Proposed Orders by Defendants . Signed by Judge John L. Kane on 6/21/06. (dln, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

51

NOTICE of Entry of Appearance by Anne Hall Turner on behalf of all defendants (Turner, Anne) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

52

NOTICE re 3 Motion to Dismiss, 43 MOTION for Ruling on 3 Motion to Dismiss, 46 Order on Motion for Ruling, 11 Brief in Opposition to Motion, 13 Reply to Response to Motion Submission of Proposed Order by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

53

NOTICE by Defendants United States Olympic Committee, U.S. Paralympics, Inc., U.S. Paralympics, Inc. (Attachments: # 1 Proposed Order (PDF Only) Defendants' Proposed Order)(Cook, John) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

55

MINUTE ORDER : Status Conference set for 12/7/2006 10:00 AM in Courtroom A 802 before Judge John L. Kane. Parties to file Joint Status Report by 12/5/06 by Judge John L. Kane on 11/21/06.. Signed by Judge John L. Kane on 11/21/06. (dln, ) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

57

MINUTE ORDER : RESETTING Status Conference for 1/4/2007 10:30 AM in Courtroom A 802 before Judge John L. Kane by Judge John L. Kane on 11/30/06. (dln, ) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

58

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

Jan. 2, 2007

Jan. 2, 2007

59

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc., Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Attachments: # 1 Exhibit Stipulation Concerning Vie Sports Marketing, Inc.'s ADA and Rehabilitation Act Claims)(George, Jeffrey) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

60

Minute Entry for proceedings held before Judge John L. Kane: Status Conference held on 1/4/2007. Status Report due by 4/15/2007, Status Conference set for 6/25/2007 09:30 AM before Judge John L. Kane. (Court Reporter Adrienne Whitlow.) (jjh, ) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

61

NOTICE of Filing Proposed Direction of Final Judgment Pursuant to F.R.C.P. Rule 54(b) by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Attachments: # 1 Proposed Document Judgment)(Robertson, Amy) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

62

Direction of Final Judgment Pursuant to FRCP Rule 54(b) (ORDER): Judgment be entered on Claim I and Claim II of the Amended Complaint against all Plaintiffs. Signed by Judge John L. Kane on 01/10/07. (jjh, ) (Modified on 1/10/2007 to clarify entry is an Order not Judgment)(lamsl, ). (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

63

Docket Annotation re: 62 Direction of Final Judgment. This entry was modified to clarify it is not the Final Judgment. Text only entry − no document attached. (lamsl, ) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

64

JUDGMENT by Clerk is entered against all Plaintiffs on Claim I and Claim II of the Amended Complaint. Signed on 01/10/07. (jjh, ) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

66

ANSWER to Amended Complaint and Affirmative Defenses , COUNTERCLAIM against Vie Sports Marketing, Inc. by United States Olympic Committee, U.S. Paralympics, Inc..(George, Jeffrey) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

67

NOTICE OF APPEAL as to 64 Clerk's Judgment, 54 Memorandum &Opinion Joint Notice of Appeal by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Robertson, Amy) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

68

LETTER re Appeal to all counsel advising of the transmittal of the 67 Joint Notice of Appeal filed by Plaintiffs to the U.S. Court of Appeals. (Retained counsel; Fees not paid) (Attachments: # 1 Joint Notice of Appeal# 2 Docket Sheet)(bjr, ) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

70

TRANSCRIPT of Status Conference filed for dates of 01/04/07 before Judge John L. Kane, re 67 Notice of Appeal Prepared by: Adrienne Whitlow. Pages: 1−12. (certified copy) Text Only Entry − Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Transcript filed in appeal for 99−cv−02077−JLK)(bjr, ) (Entered: 02/12/2007)

Feb. 7, 2007

Feb. 7, 2007

69

USCA Case Number 07−1053 for 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. Appellant has 30 days to either pay the $455.00 filing fee or file an application for leave to proceed without prepayment of fees to the district court. (bjr, ) (Entered:

Feb. 9, 2007

Feb. 9, 2007

72

TRANSCRIPT ORDER FORM re 67 Notice of Appeal by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Robertson, Amy) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

73

LETTER TO USCA and all counsel certifying the record is complete as to 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. ( Appeal No. 07−1053) (bjr, ) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

74

Unopposed MOTION for Extension of Time to File Response/Reply to 66 Counterclaim by Counter Defendant Vie Sports Marketing, Inc.. (Krichiver, Ari) Modified on 2/22/2007 to add linkage (jjh, ). (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

75

Docket Annotation re: 74 Unopposed MOTION for Extension of Time to File Response/Reply to 66 Counterclaim . Modified to add linkage. Text only entry − no document attached. (jjh, ) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

76

Minute ORDER granting Plaintiff Vie Sports Marketing Inc.'s Unopposed 74 Motion for Extension of Time to File Reply to Counterclaim by 03/01/07 by Judge John L. Kane on 02/22/07.(jjh, ) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

77

Utility Setting/Resetting Deadlines/Hearings: Pursuant to Minute Order of 02/22/07. Vie Sports Marketing, Inc. answer due 3/1/2007. Text only entry − no document attached. (jjh, ) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

78

ANSWER to Counterclaim by Vie Sports Marketing, Inc..(Krichiver, Ari) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

79

NOTICE of Entry of Appearance by Timothy Patrick Fox on behalf of all plaintiffs (Fox, Timothy) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

80

MINUTE ORDER Setting Status Conference for 7/2/2007 09:30 AM in Courtroom A 802 before Judge John L. Kane. Status Conference set for 06/25/07 is vacatedby Judge John L. Kane on 03/13/07. (jjh, ) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

81

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Krichiver, Ari) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

82

MINUTE ORDER : Matter stayed pending continued settlement discussions. An additional Status Report due by 4/27/2007, by Judge John L. Kane on 4/13/07. (gms, ) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

83

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Krichiver, Ari) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

84

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc., Counter Defendant Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

85

STIPULATION of Dismissal of Party by Counter Defendant Vie Sports Marketing, Inc., Plaintiff Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

86

Minute Entry for proceedings held before Judge John L. Kane: Status Conference held on 7/2/2007. (Civil Action Nos. 99−cv−02077−JLKand 03−cv−01364−JLK are called together for discovery purposes only. The following Deadlines are set for 99−cv−02077 ONLY. ORDERED: A 2week Jury Trial is set for February 19−29, 2008 at 8:30am. ORDERED: The Final Trial Preparation Conference is set for 02/08/08 at 10:00 a.m. ORDERED: The Pretrial Conference is set for 12/12/07 at 10:00 a.m. Counsel are allowed to submit the Stipulated Pretrial Order on 12/12/07. If not stipulated, counsel shall submit the Pretrial Order by 12/07/07. ORDERED: Any designation of experts must be submitted on or before 09/01/07. ORDERED: Any Daubert objections must be submitted on or before 10/02/07.. (Court Reporter Darlene Martinez.) (jjh, ) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

88

USCA Opinion and Judgment as to 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. : The judgment of the district court is affirmed. (USCA Case No. 07−1053) (This document is not the Mandate) (Attachments: # 1 USCA Judgment, # 2 Letter)(bjr2, ) (Entered: 01/17/2008)

Jan. 16, 2008

Jan. 16, 2008

89

MANDATE of USCA as to 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc., and 88 USCA Opinion and Judgment: The judgment of the district court is affirmed. (USCA Case No. 07−1053) (bjr2, ) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

90

Letter from 10CCA regarding writ of certiorari which was filed on 05/27/08 re 67 Notice of Appeal by Hoolenbeck et al ; assigned Supreme Court No. 07−1504 ( Appeal No. 07−1053 &07−1056) (Attachments: # 1 Supreme Court Letter)(bjr2, ) (Entered: 06/06/2008)

June 6, 2008

June 6, 2008

91

Letter from 10CCA regarding writ of certiorari which was denied on 10/06/08 re 67 Notice of Appeal by Scot Hollonbeck et al; assigned Supreme Court No. 07−1504 ( Appeal No. 07−1053 &07−1056) (Attachments: # 1 Supreme Court Letter)(bjr2, ) (Entered: 10/15/2008)

Oct. 14, 2008

Oct. 14, 2008

87

ORDER DISMISSING WITH PREJUDICE VIE SPORTS MARKETING, INC.S CLAIMS ANDU.S. PARALYMPICS, INC.S COUNTERCLAIM. The Final Judgment has already entered on all other claims in this action. Signed by Judge John L. Kane on 07/12/07. (jjh, )

July 12, 2007

July 12, 2007

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 28, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Paralympic athletes and a Paralympic marketing corporation

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

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)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Issues

General:

Access to public accommodations - privately owned