Case: Baca v. Parkview Medical Center, Inc.

1:15-cv-00270 | U.S. District Court for the District of Colorado

Filed Date: Feb. 9, 2015

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 9, 2015, a deaf individual filed this lawsuit against Parkview Health Systems Inc. and Parkview Medical Center Inc. in the United States District Court for the District of Colorado. The plaintiff sued under Title III the Americans with Disability Act, Section 504 of the Rehabilitation Act, and the Colorado Anti-Discrimination Act. The plaintiff, represented by attorneys from the Civil Rights Education and Enforcement Center, requested attorney fees and compensatory damages on the b…

On February 9, 2015, a deaf individual filed this lawsuit against Parkview Health Systems Inc. and Parkview Medical Center Inc. in the United States District Court for the District of Colorado. The plaintiff sued under Title III the Americans with Disability Act, Section 504 of the Rehabilitation Act, and the Colorado Anti-Discrimination Act. The plaintiff, represented by attorneys from the Civil Rights Education and Enforcement Center, requested attorney fees and compensatory damages on the basis that the defendants failed to provide the plaintiff with an American Sign Language interpreter when his daughter was hospitalized, severely limiting his ability to understand her condition and the doctors' procedures. Additionally, the plaintiff asked the court for an injunction ordering the defendants to stop discriminating against deaf patients and their relatives.

In October 2015, the matter settled. Prior to the initiation of the lawsuit, Parkview had installed video remote interpreting (VRI) to provide immediate access to sign language interpreters, and instituted policies that pre-scheduled and outpatient services would use in-person ASL interpreters. Under the settlement, these policies remained in place. The settlement also provided that Parkview would continue to train staff that lip-reading and note-writing are often not effective in communicating medical information to individuals who are deaf or hard of hearing and that staff should take care in ascertaining the preferred method of communication of the deaf or hard of hearing patient or companion.

Summary Authors

Allison Hight (9/27/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4196515/parties/baca-v-parkview-medical-center-inc/


Attorneys(s) for Plaintiff

Morris, Sarah (Colorado)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Colaizzi, Brooke A. (Colorado)

Deeny, Raymond Miles (Colorado)

Attorneys(s) for Plaintiff

Morris, Sarah (Colorado)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Colaizzi, Brooke A. (Colorado)

Deeny, Raymond Miles (Colorado)

Documents in the Clearinghouse

Document

1:14-cv-00270

Docket [PACER]

Nov. 4, 2015

Nov. 4, 2015

Docket
1

1:15-cv-00270

Complaint

Feb. 9, 2015

Feb. 9, 2015

Complaint

1:15-cv-00270

Settlement Agreement

Baca v. Parkview

Nov. 15, 2015

Nov. 15, 2015

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4196515/baca-v-parkview-medical-center-inc/

Last updated Aug. 2, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Parkview Health Systems, Inc., Parkview Medical Center, Inc. (Filing fee $ 400,Receipt Number 1082-4261077)Attorney Amy Farr Robertson added to party George Baca(pty:pla), filed by George Baca. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Robertson, Amy) Modified on 2/9/2015 to correct party name.(dbera, ). (Entered: 02/09/2015)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

Feb. 9, 2015

Feb. 9, 2015

RECAP
2

Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (dbera, ) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
3

SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (dbera, ) (Entered: 02/09/2015)

1 Summons

View on PACER

2 Magistrate Judge Consent Form

View on PACER

Feb. 9, 2015

Feb. 9, 2015

PACER
4

MEMORANDUM RETURNING CASE for Reassignment by Judge Richard P. Matsch (evana, ) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
5

CASE REASSIGNED pursuant to 4 Memorandum Returning Case. This case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 15-cv-00270 RBJ. (Text Only Entry) (evana, ) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
6

ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. Please see the order for details. By Judge R. Brooke Jackson on 2/10/2015. (rbjsec. ) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

RECAP
7

SUMMONS Returned Executed by George Baca. Parkview Medical Center, Inc. served on 2/11/2015, answer due 3/4/2015. (Robertson, Amy) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
8

SUMMONS Returned Executed by George Baca. Parkview Health Systems, Inc. served on 2/11/2015, answer due 3/4/2015. (Robertson, Amy) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
9

NOTICE of Entry of Appearance by Sarah Marie Morris on behalf of George BacaAttorney Sarah Marie Morris added to party George Baca(pty:pla) (Morris, Sarah) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
10

ANSWER to 1 Complaint, Attorney Brooke A. Colaizzi added to party Parkview Health Systems, Inc.(pty:dft), Attorney Brooke A. Colaizzi added to party Parkview Medical Center, Inc.(pty:dft) by Parkview Health Systems, Inc., Parkview Medical Center, Inc..(Colaizzi, Brooke) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
11

CORPORATE DISCLOSURE STATEMENT. (Colaizzi, Brooke) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
12

NOTICE of Entry of Appearance by Raymond Myles Deeny on behalf of Parkview Health Systems, Inc., Parkview Medical Center, Inc.Attorney Raymond Myles Deeny added to party Parkview Health Systems, Inc.(pty:dft), Attorney Raymond Myles Deeny added to party Parkview Medical Center, Inc.(pty:dft) (Deeny, Raymond) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
13

MINUTE ORDER: A Scheduling Conference is set for April 21, 2015 at 1:30 p.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 3/5/2015. Text Only Entry (rbjsec. ) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
14

STIPULATION of Dismissal of Party Parkview Health Systems, Inc. by Plaintiff George Baca. (Robertson, Amy) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
15

Stipulated MOTION for Protective Order by Plaintiff George Baca. (Robertson, Amy) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
16

ORDER granting in part and denying in part 15 Stipulated MOTION for Protective Order. Granted as to the medical records of Eva Baca and other patients of Parkview Medical Center. Otherwise denied. By Judge R. Brooke Jackson on 4/2/2015. Text Only Entry(rbjsec. ) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
17

Proposed Scheduling Order by Plaintiff George Baca. (Robertson, Amy) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
18

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Scheduling Conference held on 4/21/2015. Discovery due by 11/2/2015, Dispositive Motions due by 12/2/2015. Three day Bench Trial set to commence 3/14/2016 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 2/25/2016 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Kara Spitler. (jdyne, ) (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

PACER
19

SCHEDULING ORDER: by Judge R. Brooke Jackson on 4/21/15. (jdyne, ) (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

PACER
20

Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines by Plaintiff George Baca. (Robertson, Amy) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
21

ORDER denying 20 Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines. The Court agrees that Magistrate Judge Hegarty is an excellent mediator. However, the policy of the court at this time is that referrals to magistrate judges for settlement conferences are made to the magistrate judge randomly assigned to the case. I will be happy to refer the case to Magistrate Judge Tafoya for a settlement conference at your request. As for the deadlines, I have no objection to any modification of the schedule to which you agree except the dispositive motions deadline. It would be difficult for the Court to consider a dispositive motion with full briefing any later and still maintain the trial date. By Judge R. Brooke Jackson on 6/26/2015. Text Only Entry(rbjsec. ) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
22

Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines by Plaintiff George Baca. (Robertson, Amy) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
23

ORDER granting 22 Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines. By Judge R. Brooke Jackson on 6/29/2015. Text Only Entry(rbjsec. ) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
24

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya, as indicated. by Judge R. Brooke Jackson on 6/29/15. (jdyne, ) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
26

Unopposed MOTION for Leave to Appear by Insurance Representative at Settlement Conference by Telephone by Defendant Parkview Medical Center, Inc.. (Colaizzi, Brooke) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

27

MEMORANDUM regarding 26 Unopposed MOTION for Leave to Appear by Insurance Representative at Settlement Conference by Telephone filed by Parkview Medical Center, Inc. Motion 26 is referred to Magistrate Judge Kathleen M. Tafoya, by Judge R. Brooke Jackson on 7/20/2015. Text Only Entry (rbjsec. ) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

28

MINUTE ORDER denying 26 Motion for Leave for Insurance Representative to Appear at Settlement Conference by Telephone. In order for the defendant to make a good faith effort at settlement, the insurance representative must appear in person. By Magistrate Judge Kathleen M. Tafoya on 7/31/15. Text Only Entry(kmtlc1 ) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

30

ORDER. A continued Settlement Conference is set for 9/29/2015 at 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall appear as previously arranged. Entered by Magistrate Judge Kathleen M. Tafoya on 09/03/2015. Text Only Entry (kmt, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

31

Joint MOTION to Continue Deadlines by Plaintiff George Baca. (Robertson, Amy) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

32

ORDER granting 31 Joint MOTION to Continue Deadlines. The deadlines are extended as follows: Plaintiffs Response to Defendants First Discovery is 10/9/15; Deadline for written discovery is 10/19/15; Deadline for expert disclosure is 10/20/15; Deadline for rebuttal experts is 11/10/15; and Discovery cut−off is 11/18/15. By Judge R. Brooke Jackson on 9/8/15. Text Only Entry(rbjsec.) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

33

MINUTE ORDER: The Settlement Conference set for September 29, 2015, is vacated. The Settlement Conference will not be reset. By Magistrate Judge Kathleen M. Tafoya on 9/29/15. Text Only Entry (kmtlc1 ) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

34

STIPULATION of Dismissal of Case With Prejudice by Defendants Parkview Health Systems, Inc., Parkview Medical Center, Inc.. (Colaizzi, Brooke) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

35

Civil Case Terminated pursuant to 34 stipulation to dismiss filed in this case on 11/4/15. Text Only Entry (jdyne, ) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

25

ORDER Setting Settlement Conference for 8/19/2015 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 7/9/15. (sgrim) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 9, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual with a disability because he is substantially limited in major life activities, including hearing.

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

Parkview Medical Center, Inc. and Parkview Health Systems, Inc., Private Entity/Person

Defendant Type(s):

Hospital/Health Department

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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 65000

Order Duration: 2015 - None

Issues

General:

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Language:

Other

Type of Facility:

Non-government non-profit