Case: Williams v. University of Denver

1:96-cv-03012 | U.S. District Court for the District of Colorado

Filed Date: Dec. 31, 1996

Closed Date: July 21, 1998

Clearinghouse coding complete

Case Summary

On December 31, 1996 a law student who used a wheelchair for mobility sued the University of Denver in the U.S. District Court for the District of Colorado, Chief Judge Richard P. Matsch. The Plaintiff claimed that numerous architectural and other barriers to accessibility prevented him from full participation as a student in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. Specifically,…

On December 31, 1996 a law student who used a wheelchair for mobility sued the University of Denver in the U.S. District Court for the District of Colorado, Chief Judge Richard P. Matsch. The Plaintiff claimed that numerous architectural and other barriers to accessibility prevented him from full participation as a student in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.

Specifically, Plaintiff claimed that he encountered automatic doors which did not open, elevators that did not work, transportation available to students but without disabled access, and classroom configurations that segregated him in the back of the room. He sought declaratory, injunctive and monetary relief.

On July 21, 1998, the court granted a stipulated motion to dismiss with prejudice, with each party bearing its own costs and attorneys' fees. There is no settlement agreement or other similar document available in this case.

Summary Authors

Eric Weiler (6/18/2010)

People


Judge(s)

Matsch, Richard Paul (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Hanlon-Leh, Natalie Marie (Colorado)

Sattler, Bruce W. (Colorado)

Judge(s)

Matsch, Richard Paul (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Hanlon-Leh, Natalie Marie (Colorado)

Sattler, Bruce W. (Colorado)

Documents in the Clearinghouse

Document

1:96-cv-03012

Docket

July 21, 1998

July 21, 1998

Docket
13

1:96-cv-03012

Plaintiff's Brief In Opposition To Defendant's Motions To Dimiss, For Summary Judgment, Or To Strike Impertinent Allegations From The Amended Complaint

March 6, 1997

March 6, 1997

Pleading / Motion / Brief
40

1:96-cv-03012

Second Amended Complaint

Oct. 16, 1997

Oct. 16, 1997

Complaint

Resources

Docket

Last updated July 20, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link

FILING FEE PAID: on 12/31/96 in the amount of $ 150.00, receipt # 184351. (former empl) (Entered: 01/02/1997)

Dec. 31, 1996

Dec. 31, 1996

2

RETURN OF SERVICE of Summons and Complaint upon defendant University of Denver on 1/7/97 by leaving with Craig Woody (lam) (Entered: 01/15/1997)

Jan. 13, 1997

Jan. 13, 1997

3

Unopposed MOTION by defendant University of Denver to extend time to answer to 2/14/97 (lam) (Entered: 01/27/1997)

Jan. 24, 1997

Jan. 24, 1997

4

ORDER of recusal by Judge Wiley Y. Daniel: case should be reassigned by random draw ( Case reassigned to Judge Lewis T. Babcock ) (cc: all counsel) ; entry date : 1/31/97 (lam) (Entered: 01/31/1997)

Jan. 29, 1997

Jan. 29, 1997

6

Unopposed MOTION by plaintiff Kevin W. Williams to amend (former empl) (Entered: 02/03/1997)

Jan. 30, 1997

Jan. 30, 1997

5

LETTER to Csl from Clerk of Court advising case has been reassigned to Judge Babcock (lam) (Entered: 01/31/1997)

Jan. 31, 1997

Jan. 31, 1997

Tendered Orig Amended Complaint submitted by plaintiff Kevin W. Williams motion to amend [6−1] (former empl) (Entered: 02/03/1997)

Jan. 31, 1997

Jan. 31, 1997

7

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to amend [6−1], ordering filed [0−0] document tendered (cc: all counsel) ; entry date : 2/4/97 (former empl) (Entered: 02/04/1997)

Jan. 31, 1997

Jan. 31, 1997

8

AMENDED COMPLAINT [1−1] by plaintiff Kevin W. Williams; jury demand (former empl) (Entered: 02/04/1997)

Jan. 31, 1997

Jan. 31, 1997

9

MINUTE ORDER : by Judge Lewis T. Babcock granting motion to extend time to answer to 2/14/97 [3−1] (cc: all counsel) ; entry date : 2/5/97 (former empl) (Entered: 02/05/1997)

Jan. 31, 1997

Jan. 31, 1997

10

MOTION by defendant to dismiss , and for summary judgment , or in the alternative to strike immaterial impertinent allegations from amd cmp (gms) (Entered: 02/21/1997)

Feb. 14, 1997

Feb. 14, 1997

11

BRIEF by defendant in support of motion to dismiss [10−1], motion for summary judgment [10−2], motion to strike immaterial impertinent allegations from amd cmp [10−3] (gms) (Entered: 02/21/1997)

Feb. 14, 1997

Feb. 14, 1997

12

MINUTE ORDER : by Judge Lewis T. Babcock. Pltf has to 3/6/97 to resp to deft's [10−1] motion to dismiss, [10−2] motion for summary judgment &[10−3] motion to strike immaterial impertinent allegations from amd cmp. Deft has 10 days to reply (cc: all counsel) ; entry date : 2/21/97 (gms) (Entered: 02/21/1997)

Feb. 18, 1997

Feb. 18, 1997

13

BRIEF IN OPP (RESPONSE) by plaintiff Kevin W. Williams to motion to dismiss [10−1], motion for summary judgment [10−2], motion to strike immaterial impertinent allegations from amd cmp [10−3] w/afdts &exhs (former empl) (Entered: 03/07/1997)

March 6, 1997

March 6, 1997

14

MOTION by defendant University of Denver to extend timne to file reply brf to 3/24/97 (former empl) (Entered: 03/14/1997)

March 12, 1997

March 12, 1997

15

Unopp MOTION by plaintiff Kevin W. Williams for leave to submit suppl author (former empl) (Entered: 03/19/1997)

March 14, 1997

March 14, 1997

15

SUPPLEMENT IN OPP by plaintiff Kevin W. Williams motion for leave to submit suppl author [15−1], motion to dismiss [10−1], motion for summary judgment [10−2] (former empl) (Entered: 03/19/1997)

March 14, 1997

March 14, 1997

16

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for leave to submit suppl author [15−1], regarding [10−1] motion to dismiss, regarding [10−2] motion for summary judgment (cc: all counsel) ; entry date : 3/19/97 (former empl) (Entered: 03/19/1997)

March 17, 1997

March 17, 1997

18

REPLY BRIEF by defendant University of Denver to response to support its motion to dismiss [10−1], motion for summary judgment [10−2], motion to strike immaterial impertinent allegations from amd cmp [10−3] (former empl) (Entered: 03/27/1997)

March 24, 1997

March 24, 1997

19

ORDER R16 stat stlmt pt pto referred to Magistrate Judge O. E. Schlatter ; by Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 04/29/1997)

April 28, 1997

April 28, 1997

21

NOTICE by plaintiff Kevin W. Williams of attorney change of address (lam) (Entered: 04/30/1997)

April 28, 1997

April 28, 1997

20

AMENDED ORDER R16 stat stlmt pt pto referred to Magistrate Judge O. E. Schlatter ; by Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 04/29/1997)

April 29, 1997

April 29, 1997

22

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge O. E. Schlatter ; Rule 16 conference set for 10:00 5/29/97 (cc: all counsel) (former empl) (Entered: 05/01/1997)

April 30, 1997

April 30, 1997

23

MOTION by defendant University of Denver to stay proceedings pending ruling mtn/dism, etc , and to vacate sched conf (former empl) (Entered: 05/16/1997)

May 15, 1997

May 15, 1997

24

ORDER by Magistrate Judge O. E. Schlatter granting motion to stay discovry pending ruling mtn/dism, etc [23−1], considering granted the motion to vacate sched conf [23−2] ; rule 16 conf vacated on 5/16/97 cnsl to rest R16 conf after mtn/dism ruling (cc: all counsel) ; entry date : 5/19/97 (former empl) (Entered: 05/19/1997)

May 16, 1997

May 16, 1997

25

Unopposed MOTION by plaintiff Kevin W. Williams for oral argu on dft's mtns/dism,sumjgm or str (former empl) (Entered: 06/24/1997)

June 20, 1997

June 20, 1997

26

MINUTE ORDER : by Judge Lewis T. Babcock granting motion for oral argu on dft's mtns/dism,sumjgm or str [25−1], setting hearing on motion to dismiss [10−1] 10:00 8/22/97, setting hearing on motion for summary judgment [10−2] 10:00 8/22/97, setting hearing on motion to strike immaterial impertinent allegations from amd cmp [10−3] 10:00 8/22/97; counsel to use correct case no. 96B3012 (cc: all counsel) ; entry date : 6/24/97 (former empl) (Entered: 06/24/1997)

June 23, 1997

June 23, 1997

27

ORDER OF RECUSAL by Judge Lewis T. Babcock and by permission Case reassigned to Chief Judge Richard P. Matsch (cc: all counsel) ; entry date : 7/21/97 (former empl) (Entered: 07/21/1997)

July 17, 1997

July 17, 1997

28

MINUTE ORDER : by Chief Judge Richard P. Matsch; hearing date of 8/22/97 at 10:00 is reconfirmed re motion to dismiss [10−1], motion for summary judgment [10−2] and motion to strike [10−3] (cc: all counsel) ; entry date : 7/21/97 (lam) (Entered: 07/21/1997)

July 18, 1997

July 18, 1997

29

LETTER from court to parties re reassignment of case (former empl) (Entered: 07/21/1997)

July 21, 1997

July 21, 1997

30

MOTION by plaintiff Kevin W. Williams for leave to submit suppl authority (former empl) (Entered: 08/13/1997)

Aug. 12, 1997

Aug. 12, 1997

31

NOTICE by plaintiff Kevin W. Williams of potential conflict (former empl) (Entered: 08/13/1997)

Aug. 12, 1997

Aug. 12, 1997

32

NOTICE of resolution of conflict w/oral argument by plaintiff Kevin W. Williams (lam) (Entered: 08/15/1997)

Aug. 14, 1997

Aug. 14, 1997

33

MOTION by plaintiff Kevin W. Williams for leave to submit supplemental authority in opposition to motions/dismiss (former empl) (Entered: 08/22/1997)

Aug. 20, 1997

Aug. 20, 1997

34

MOTION by defendant University of Denver for leave to file supplemental afdt re: motion/dismiss (former empl) (Entered: 08/22/1997)

Aug. 20, 1997

Aug. 20, 1997

36

ORDER by Chief Judge Richard P. Matsch regarding [35−1] minutes on dfts mtn to dismiss or for sum jgm [10−1], [10−2]; dft's mtn to dismiss is granted w/out prejudice and pla has to 10/15/97 to file amended cmp; when issues joined scheduling conf will be set (cc: all counsel) ; entry date : 8/26/97 (lam) (Entered: 08/26/1997)

Aug. 25, 1997

Aug. 25, 1997

37

TRANSCRIPT of proceedings before Chief Judge Matsch of 8/22/97 oral argument of dft's mtn for sum jgm ( 1−31 pages) Prepared By: Fed Reporting Service (lam) (Entered: 09/18/1997)

Sept. 16, 1997

Sept. 16, 1997

38

Unopposed MOTION by plaintiff Kevin W. Williams to file 2nd amended cmp (lam) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

Tendered 2nd amd cmp submitted by plaintiff Kevin W. Williams re motion to file 2nd amended cmp [38−1] (lam) (Entered: 10/14/1997)

Oct. 14, 1997

Oct. 14, 1997

39

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to file 2nd amended cmp [38−1] (cc: all counsel) ; entry date : 10/17/97 (lam) (Entered: 10/17/1997)

Oct. 16, 1997

Oct. 16, 1997

40

Second AMENDED COMPLAINT [8−1] by plaintiff Kevin W. Williams; jury demand (lam) (Entered: 10/20/1997)

Oct. 16, 1997

Oct. 16, 1997

41

ANSWER by defendant University of Denver to second amended complaint [40−1] (lam) (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

42

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; rule 16 conference set for 9:45 11/24/97 (cc: all counsel) ; entry date : 10/30/97 (lam) (Entered: 10/30/1997)

Oct. 29, 1997

Oct. 29, 1997

43

COURTROOM MINUTES by Magistrate Judge O. E. Schlatter ; rule 16 conf held on 11/24/97 ; discovery ddl set 6/19/98 ; disp mtn ddl set 6/10/98 ; settlement conf set for 3:00 3/23/98 ; pretrial conf set for 9:00 7/1/98 ; entry date : 11/25/97 Court Reporter: Tape 97−43 (lam) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

44

SCHEDULING ORDER Magistrate Judge O. E. Schlatter (cc: all counsel) (lam) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

46

Unopposed MOTION by defendant University of Denver to extend time to 1/16/98 to respond to first discovery (lam) (Entered: 12/24/1997)

Dec. 22, 1997

Dec. 22, 1997

45

MINUTE ORDER : by Magistrate Judge O. E. Schlatter; dft's unopposed mtn for ext of time filed 12/22/97 is granted, dft has to 1/16/98 to respond to pla's first set of disc reqs (cc: all counsel) ; entry date : 12/24/97 (lam) (Entered: 12/24/1997)

Dec. 23, 1997

Dec. 23, 1997

47

Stipulated MOTION by plaintiff Kevin W. Williams, defendant University of Denver for protective order concerning confidential info (lam) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

48

Stipulated PROTECTIVE ORDER by Magistrate Judge O. E. Schlatter : concerning confidential info [47−1] (cc: all counsel) (lam) (Entered: 01/23/1998)

Jan. 22, 1998

Jan. 22, 1998

49

Unopposed MOTION by plaintiff Kevin W. Williams to extend time to respond to dft's first disc to 2/23/98 (lam) (Entered: 01/30/1998)

Jan. 29, 1998

Jan. 29, 1998

50

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to respond to dft's first disc to 2/23/98 [49−1] (cc: all counsel) ; entry date : 1/30/98 (lam) (Entered: 01/30/1998)

Jan. 30, 1998

Jan. 30, 1998

51

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; further settlement conf set for 1:30 4/15/98 (cc: all counsel) ; entry date : 3/25/98 (lam) (Entered: 03/25/1998)

March 24, 1998

March 24, 1998

52

Jt MOTION by plaintiff Kevin W. Williams, defendant University of Denver to amend scheduling order (lam) (Entered: 04/06/1998)

April 2, 1998

April 2, 1998

54

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf reset for 3:00 6/1/98 (cc: all counsel) ; entry date : 4/13/98 (former empl) (Entered: 04/13/1998)

April 13, 1998

April 13, 1998

55

Unopposed MOTION by defendant University of Denver to extend time to 4/27/98 to respond to pla's second set of reqs for prod of docs (lam) (Entered: 04/15/1998)

April 14, 1998

April 14, 1998

56

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to extend time to 4/27/98 to respond to pla's second set of reqs for prod of docs [55−1] (cc: all counsel) ; entry date : 4/20/98 (lam) (Entered: 04/20/1998)

April 16, 1998

April 16, 1998

57

JT MOTION by plaintiff Kevin W. Williams, defendant University of Denver to amend scheduling order (expert disc ddl 10/5/98, disp mtn ddl 9/24/98, rest ptc in early Oct.) (lam) (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

58

MINUTE ORDER : by Chief Judge Richard P. Matsch granting jt motion to amend scheduling order [57−1] ; discovery ddl set 10/5/98 ; disp mtn ddl set 9/24/98 (cc: all counsel) ; entry date : 5/14/98 (lam) (Entered: 05/14/1998)

May 13, 1998

May 13, 1998

59

MOTION by defendant University of Denver for leave to permit rep of Ins Carrier to participate in 6/1/98 settlement conf by phone (lam) Modified on 05/27/1998 (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

60

MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion for leave to permit rep of Ins Carrier to participate in 6/1/98 settlement conf by phone [59−1] (cc: all counsel) ; entry date : 5/28/98 (lam) (Entered: 05/28/1998)

May 27, 1998

May 27, 1998

61

MEMORANDUM by Magistrate Judge O. E. Schlatter terminating case referral to Magistrate Judge O. E. Schlatter (lam) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

62

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf held 6/1/98 ; dsm papers ddl set for 7/15/98 (cc: all counsel) ; entry date : 6/4/98 (lam) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

63

MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; dsm papers ddl extended to 7/20/98 (cc: all counsel) ; entry date : 7/15/98 (lam) (Entered: 07/15/1998)

July 14, 1998

July 14, 1998

64

Stipulated MOTION by plaintiff Kevin W. Williams, defendant University of Denver to dismiss (lam) (Entered: 07/22/1998)

July 21, 1998

July 21, 1998

65

ORDER by Chief Judge Richard P. Matsch upon stipulated motion to dismiss [64−1] dismissing case w/prejudice, each party to bear own costs &attys' fees (cc: all counsel) ; entry date : 7/22/98 (lam) (Entered: 07/22/1998)

July 21, 1998

July 21, 1998

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 31, 1996

Closing Date: July 21, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled law student who encountered barriers to accessibility at law school.

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

University of Denver (Denver, Denver), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Buildings

Reasonable Modifications

School/University Facilities

Transportation