Case: Scott v. City and County of Denver

1:12-cv-00053 | U.S. District Court for the District of Colorado

Filed Date: Jan. 10, 2012

Closed Date: Jan. 27, 2014

Clearinghouse coding complete

Case Summary

On January 10, 2012, a deaf individual who had been arrested and detained on a number of occasions since 2007 for violating his probation in Denver, CO, filed this complaint in the U.S. District Court for the District of Colorado against the City and County of Denver. He proceeded under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act; represented by attorneys from the Civil Rights Education and Enforcement Center and the Center for Rights of Pare…

On January 10, 2012, a deaf individual who had been arrested and detained on a number of occasions since 2007 for violating his probation in Denver, CO, filed this complaint in the U.S. District Court for the District of Colorado against the City and County of Denver. He proceeded under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act; represented by attorneys from the Civil Rights Education and Enforcement Center and the Center for Rights of Parents with Disabilities, he asked the court for declaratory and injunctive relief, money damages, and attorney's fees and costs.

In his complaint, the plaintiff alleged that during his detentions in 2010 and 2011, he was denied access to a sign language interpreter, and had requests for a TTY or video phone rejected or delayed. During these detentions, the plaintiff also alleged he was also not provided with required auxiliary aids and services necessary to ensure effective communication. The plaintiff further alleged that Denver systematically, knowingly, and intentionally discriminated against him and other deaf and hard of hearing individuals, that it was likely that he would suffer discrimination in the future, and that the City had been on notice since at least 2007 its deficiencies in providing effective communication for deaf and hard of hearing detainees.

On April 26, 2013, the defendants, the City and County of Denver, offered judgment pursuant to Fed. R. Civ. P. 68. in favor of the plaintiff in the amount of $15,000. The judgment would be exclusive of any accrued reasonable costs and attorney fees, and would include any and all liability of the defendants in regards to the transactions or occurrences referenced in the plaintiff's complaint. On May 9, 2013, the plaintiff's acceptance of the offer of judgment was filed with the court; judgment was entered in favor of the plaintiff on May 22, 2013, by the clerk.

On January 24, 2014, Chief Judge Marcia S. Kreiger determined the reasonable attorney fees and issued an order granting attorney fees and costs to the plaintiff.

Summary Authors

John He (9/21/2015)

Related Cases

Ulibarri v. City and County of Denver, District of Colorado (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5265862/parties/scott-v-city-and-county-of-denver-the/


Judge(s)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorney for Plaintiff

Lucas, Carrie Ann (Colorado)

Attorney for Defendant

Rivera, Joseph Michael (Colorado)

Expert/Monitor/Master/Other

Liang, Carol (Colorado)

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Documents in the Clearinghouse

Document

1:12-cv-00053

Docket [PACER]

Jan. 27, 2014

Jan. 27, 2014

Docket
1

1:12-cv-00053

Complaint

Jan. 10, 2012

Jan. 10, 2012

Complaint
130

1:12-cv-00053

Acceptance of Offer of Judgment

May 9, 2013

May 9, 2013

Pleading / Motion / Brief
131

1:12-cv-00053

Judgment Pursuant to Fed. R. Civ. P. 68

May 22, 2013

May 22, 2013

Order/Opinion
154

1:12-cv-00053

Opinion and Order Granting in Part and Denying in Part Motion for Attorney Fees

Jan. 24, 2014

Jan. 24, 2014

Order/Opinion

2014 WL 287558

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5265862/scott-v-city-and-county-of-denver-the/

Last updated April 14, 2026, 11:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City and County of Denver, The ( Filing fee $ 350, Receipt Number 44594) Summons Issued, filed by Jon Michael Scott. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(johar, ) (Entered: 01/11/2012)

1 Civil Cover Sheet

View on PACER

2 Receipt

View on PACER

Jan. 10, 2012

Jan. 10, 2012

Clearinghouse
2

NOTICE of Entry of Appearance by Carrie Ann Lucas on behalf of All Plaintiffs (Lucas, Carrie) (Entered: 01/12/2012)

Jan. 12, 2012

Jan. 12, 2012

3

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland: IT IS ORDERED that pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters. At the scheduling conference, the Magistrate Judge shall advise the parties of Judge Kriegers practice standards found at www.cod.uscourts.gov;(2)Upon agreement of the parties, provide an Early Neutral Evaluation in accordance with D.C.COLO.LCivR 16.6. The Magistrate Judge shall also advise the parties that after such evaluation, if they mutually desire to settle the case, upon a showing that they need assistance and have been unable to obtain it privately, they may file a motion requesting a settlement conference;(3)Hear and finally determine referred non-dispositive matters subject to the exceptions found in 28 U.S.C. § 636(b)(1)(A);(4)Hear and make recommendations on referred dispositive matters as defined in 28 U.S.C. § 636(b)(1)(A). by Judge Marcia S. Krieger on 1/25/12. Text Only Entry (msksec, ) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

4

ORDER : Scheduling Conference set for 4/9/2012 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/31/12. (bnbcd, ) (Entered: 02/01/2012)

Jan. 31, 2012

Jan. 31, 2012

RECAP
5

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 2/2/12. (mskcd) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

RECAP
6

MINUTE ORDER : Scheduling Conference reset for 4/17/2012 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 2/14/12. (bnbcd, ) (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

7

Unopposed Motion for Extension of Time to Answer 1 Complaint by Defendant City and County of Denver, The. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Rivera, Joseph) Modified on 2/15/2012 to edit text to clarify title of document (lygsl, ). Modified on 2/16/2012 to change event into a motion (wjc, ). (Entered: 02/14/2012)

1 Proposed Order (PDF Only) Proposed Order

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Feb. 14, 2012

Feb. 14, 2012

8

MEMORANDUM regarding 7 MOTION for Extension of Time to File Answer or Otherwise Respond filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 02/16/2012. Text Only Entry (wjc, ) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

9

MINUTE ORDER granting 7 Unopposed Motion for Extension of Time to Answer Complaint. City and County of Denver, The answer due 3/2/2012, by Magistrate Judge Boyd N. Boland on 02/16/2012.(wjc, ) (Entered: 02/16/2012)

Feb. 16, 2012

Feb. 16, 2012

10

ANSWER to 1 Complaint by City and County of Denver, The.(Rivera, Joseph) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

11

SUMMONS Returned Executed by Jon Michael Scott. City and County of Denver, The served on 1/30/2012, answer due 3/2/2012. (Robertson, Amy) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

12

Proposed Scheduling Order by Plaintiff Jon Michael Scott. (Robertson, Amy) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

13

MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Scheduling Conference held on 4/17/2012. Discovery due by 11/9/2012. Dispositive Motions due by 12/14/2012. (FTR: G.Mattei) (bnbcd, ) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

14

SCHEDULING ORDER: by Magistrate Judge Boyd N. Boland on 4/17/12. (bnbcd, ) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

15

TRIAL PREPARATION ORDER - CIVIL by Judge Marcia S. Krieger on 4/17/2012. (msksec, ) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

RECAP
16

Joint MOTION for Protective Order by Plaintiff Jon Michael Scott. (Robertson, Amy) Modified on 6/27/2012. Counsel informed to re-file Stipulation and Protective Order attached to Motion. (wjcsl, ). (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

17

MEMORANDUM regarding 16 Joint MOTION for Protective Order filed by Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 6/26/12. Text Only Entry (msksec, ) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

18

Stipulated MOTION for Protective Order by Plaintiff Jon Michael Scott. (Attachments: # 1 Proposed Document - Stipulated Protective Order)(Robertson, Amy) (Entered: 06/28/2012)

1 Proposed Document - Stipulated Protective Order

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June 28, 2012

June 28, 2012

19

MEMORANDUM regarding 18 Stipulated MOTION for Protective Order filed by Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 6/28/12. Text Only Entry (msksec, ) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

20

PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 6/29/12. (dbrow, ) (Entered: 07/02/2012)

June 29, 2012

June 29, 2012

RECAP
21

MOTION to Compel by Plaintiff Jon Michael Scott. (Attachments: # 1 Declaration of Amy F. Robertson, # 2 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 07/27/2012)

1 Declaration of Amy F. Robertson

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2 Proposed Order (PDF Only)

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July 27, 2012

July 27, 2012

22

MEMORANDUM regarding 21 MOTION to Compel filed by Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 7/27/12. Text Only Entry (msksec, ) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

23

MINUTE ORDER Setting Hearing on Motion: 21 Plaintiff's Motion to Compel set for 8/28/2012 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Response due on or before 8/17/12. by Magistrate Judge Boyd N. Boland on 7/30/12. (bnbcd, ) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

24

AMENDED MINUTE ORDER Setting Hearing on Motion: 21 Plaintiff's Motion to Compel reset to 8/28/2012 at 03:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Response due on or before 8/17/12. by Magistrate Judge Boyd N. Boland on 7/30/12. (bnbcd, ) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

25

Joint MOTION to Amend/Correct/Modify 14 Scheduling Order by Plaintiff Jon Michael Scott. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 07/31/2012)

1 Proposed Order (PDF Only)

View on PACER

July 31, 2012

July 31, 2012

26

MEMORANDUM regarding 25 Joint MOTION to Amend/Correct/Modify 14 Scheduling Order filed by Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 8/1/12. Text Only Entry (msksec, ) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

27

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Compel by Defendant City and County of Denver, The. (Rivera, Joseph) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

28

ORDER: 25 Joint Motion to Amend Scheduling Order is GRANTED IN PART. Discovery due by 1/14/2012. Dispositive Motions due by 1/14/2013. by Magistrate Judge Boyd N. Boland on 8/2/12.(bnbcd, ) Modified on 8/4/2012 to edit due date text (wjcsl, ). (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

RECAP
29

MEMORANDUM regarding 27 Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Compel filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 8/2/12. Text Only Entry (msksec, ) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

30

MINUTE ORDER: 27 Defendant's Unopposed Motion For Extension of Time to Respond to Plaintiff's Motion to Compel is GRANTED. by Magistrate Judge Boyd N. Boland on 8/2/12.(bnbcd, ) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

31

RESPONSE to 21 MOTION to Compel filed by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rivera, Joseph) Modified on 8/27/2012 to remove duplicate text (wjcsl, ). (Entered: 08/24/2012)

1 Exhibit 1 to Defendant's Response to Plaintiff's Motion to Compel

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2 Exhibit 2 to Defendant's Response to Plaintiff's Motion to Compel

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3 Exhibit 3 to Defendant's Response to Plaintiff's Motion to Compel

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Aug. 24, 2012

Aug. 24, 2012

32

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 8/28/2012. As specified on the record, Plaintiffs Motion to Compel 21 is GRANTED. FTR: Courtroom 401A. (bnbcd, ) (Additional attachment(s) added on 8/29/2012: # 1 Exhibit) (bnbcd, ). (Entered: 08/28/2012)

1 Exhibit

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Aug. 28, 2012

Aug. 28, 2012

RECAP
33

ORDER re: 21 Motion to Compel filed by Major Jon Michael Scott. Motion is GRANTED IN PART and DENIED IN PART. by Magistrate Judge Boyd N. Boland on 8/29/12. (bnbcd, ) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

RECAP
34

MINUTE ORDER: error on ORDER 28, discovery cut-off is January 14, 2013. by Magistrate Judge Boyd N. Boland on 9/4/12. (bnbcd, ) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

35

MOTION for Discovery to Compel Independent Audiological Examination by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1)(Rivera, Joseph) (Entered: 10/04/2012)

1 Exhibit 1

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Oct. 4, 2012

Oct. 4, 2012

36

MEMORANDUM regarding 35 MOTION for Discovery to Compel Independent Audiological Examination filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/5/12. Text Only Entry (msksec, ) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

37

MINUTE ORDER : 35 Motion to Compel Independent Audiological Examination Pursuant to Fed.R.Civ.P. 35 set for hearing on 10/29/2012 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Plaintiff shall respond to the motion on or before 10/24/12. by Magistrate Judge Boyd N. Boland on 10/5/12. (bnbcd, ) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

38

STATEMENT re 35 MOTION for Discovery to Compel Independent Audiological Examination Plaintiff's Statement of Non-Opposition by Plaintiff Major Jon Michael Scott. (Robertson, Amy) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

39

MINUTE ORDER: 35 Motion to Compel Independent Audiological Examination Pursuant to Fed.R.Civ.P. 35 is GRANTED. Motion Hearing currently set for 10/29/12 is VACATED. by Magistrate Judge Boyd N. Boland on 10/12/12.(bnbcd, ) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

RECAP
40

Joint MOTION to Amend/Correct/Modify 28 Order on Motion to Amend/Correct/Modify, 14 Scheduling Order by Defendant City and County of Denver, The. (Attachments: # 1 Proposed Order (PDF Only))(Rivera, Joseph) (Entered: 10/19/2012)

1 Proposed Order (PDF Only)

View on PACER

Oct. 19, 2012

Oct. 19, 2012

41

MEMORANDUM regarding 40 Joint MOTION to Amend/Correct/Modify 28 Order on Motion to Amend/Correct/Modify, 14 Scheduling Order filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 10/19/12. Text Only Entry (msksec, ) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

42

MINUTE ORDER: 40 Joint Motion to Amend Scheduling Order is GRANTED. by Magistrate Judge Boyd N. Boland on 10/19/12.(bnbcd, ) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

RECAP
43

AMENDED MINUTE ORDER re: 42 Minute Order: 40 Joint Motion to Amend Scheduling Order is GRANTED. by Magistrate Judge Boyd N. Boland on 10/19/12. (bnbcd, ) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

44

Joint MOTION to Amend/Correct/Modify 43 Minute Order Regarding Scheduling Order by Defendant City and County of Denver, The, Plaintiff Major Jon Michael Scott. (Attachments: # 1 Proposed Order (PDF Only))(Rivera, Joseph) (Entered: 11/06/2012)

1 Proposed Order (PDF Only)

View on PACER

Nov. 6, 2012

Nov. 6, 2012

45

MEMORANDUM regarding 44 Joint MOTION to Amend/Correct/Modify 43 Minute Order Regarding Scheduling Order filed by Major Jon Michael Scott, City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 11/9/12. Text Only Entry (msksec, ) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

46

MINUTE ORDER granting 44 Joint Motion to Amend Scheduling Order. by Magistrate Judge Boyd N. Boland on 11/9/12.(bnbcd, ) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

RECAP
47

MOTION to Amend/Correct/Modify 14 Scheduling Order Motion to Amend Scheduling Order to Permit Additional Depositions by Plaintiff Major Jon Michael Scott. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 11/19/2012)

1 Proposed Order (PDF Only)

View on PACER

Nov. 19, 2012

Nov. 19, 2012

48

MINUTE ORDER Setting Hearing: 47 Plaintiff's Motion to Amend Scheduling Order to Permit Additional Depositions set for 11/30/2012 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendant shall respond on or before 11/28/12, no reply without leave of the Court. by Magistrate Judge Boyd N. Boland on 11/20/2012. (bnbcd, ) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

49

MOTION to Compel Independent Examination of Plaintiff Pursuant to Fed.R.Civ.P. 35 by Defendant City and County of Denver, The. (Rivera, Joseph) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

50

MEMORANDUM regarding 47 MOTION to Amend/Correct/Modify 14 Scheduling Order Motion to Amend Scheduling Order to Permit Additional Depositions filed by Major Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 11/26/12. Text Only Entry (msksec, ) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

51

MINUTE ORDER Setting Hearing on 49 MOTION to Compel Independent Examination of Plaintiff Pursuant to Fed.R.Civ.P. 35. Motion Hearing set for 11/30/2012 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Plaintiff shall respond to the Motion on or before 11/29/2012 by 12:00 noon. No reply will be accepted without leave of court. By Magistrate Judge Boyd N. Boland on 11/26/2012. (klyon, ) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

52

MEMORANDUM regarding 49 MOTION to Compel Independent Examination of Plaintiff Pursuant to Fed.R.Civ.P. 35 filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 11/27/12. Text Only Entry (msksec, ) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

53

MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Amend/Correct/Modify 14 Scheduling Order Motion to Amend Scheduling Order to Permit Additional Depositions by Defendant City and County of Denver, The. (Rivera, Joseph) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

54

MINUTE ORDER granting 53 Motion for Extension of Time to File Response/Reply and parties have to and including November 29, 2012, at 12:00 noon, to file responses to the pending motions, by Magistrate Judge Boyd N. Boland on 11/29/12. Text Only Entry(bnbsec, ) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

55

RESPONSE to 49 MOTION to Compel Independent Examination of Plaintiff Pursuant to Fed.R.Civ.P. 35 filed by Plaintiff Major Jon Michael Scott. (Robertson, Amy) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

56

RESPONSE to 47 MOTION to Amend/Correct/Modify 14 Scheduling Order Motion to Amend Scheduling Order to Permit Additional Depositions filed by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rivera, Joseph) (Entered: 11/29/2012)

1 Exhibit 1

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2 Exhibit 2

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Nov. 29, 2012

Nov. 29, 2012

57

COURTROOM/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 11/30/2012. 47 Plaintiff's Motion to Amend Scheduling Order to Permit Additional Depositions is GRANTED IN PART. 49 Motion to Compel Independent Examination of Plaintiff Pursuant to Fed. R. Civ.P. 35 is GRANTED with conditions. FTR: BNB Courtroom A401. (bnbcd, ) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

RECAP
58

ORDER granting in part 47 MOTION for Depositions and granting 49 Rule 35 Motion. By Magistrate Judge Boyd N. Boland on 11/30/2012. (klyon, ) (Entered: 12/03/2012)

Nov. 30, 2012

Nov. 30, 2012

RECAP
59

MOTION to Compel Responses to Defendant's First Set of Discovery Requests to Plaintiff by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rivera, Joseph) (Entered: 12/07/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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Dec. 7, 2012

Dec. 7, 2012

60

MOTION to Compel Plaintiff's Motion to Deem Requests for Admissions Admitted Or, in the Alternative, to Compel Responses by Plaintiff Major Jon Michael Scott. (Attachments: # 1 Declaration of Amy F. Robertson)(Robertson, Amy) (Entered: 12/07/2012)

1 Declaration of Amy F. Robertson

View on PACER

Dec. 7, 2012

Dec. 7, 2012

61

MEMORANDUM regarding 59 MOTION to Compel Responses to Defendant's First Set of Discovery Requests to Plaintiff filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/10/12. Text Only Entry (msksec, ) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

62

MEMORANDUM regarding 60 MOTION to Compel Plaintiff's Motion to Deem Requests for Admissions Admitted Or, in the Alternative, to Compel Responses filed by Major Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/10/12. Text Only Entry (msksec, ) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

63

NOTICE of Entry of Appearance by Carol Liang on behalf of City and County of Denver, The (Liang, Carol) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

64

MINUTE ORDER Setting Hearing on Motion 59 Motion to Compel Responses to Defendant's First Set of Discovery Requests to Plaintiff and 60 Plaintiff's Motion to Deem Requests for Admissions Admitted or, in the Alternative toCompel Responses. Parties shall respond to their respective Motions on or before 1/4/2013. No reply will be accepted without leave of court. Motion Hearing set for 1/28/2013 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland on 12/10/2012. (klyon, ) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

65

Joint MOTION to Reset Deadline for Rebuttal Experts by Plaintiff Major Jon Michael Scott. (Robertson, Amy) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

66

MEMORANDUM regarding 65 Joint MOTION to Reset Deadline for Rebuttal Experts filed by Major Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/10/12. Text Only Entry (msksec, ) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

67

MINUTE ORDER granting 65 Joint Motion to Reset Deadline for Rebuttal Experts. Parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before 12/28/2012. By Magistrate Judge Boyd N. Boland on 12/10/2012. (klyon, ) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

68

SUPPLEMENTAL ORDER: the Department of Corrections shall transport the plaintiff, MajorJon Michael Scott (DOC # 158887), to the Denver Police Department Headquarters, 1331 Cherokee Street, Denver, Colorado, 2nd floor holding cell, on December 14, 2012, at 9:00 a.m., for the purpose of allowing the Rule 35 examination to occur. by Magistrate Judge Boyd N. Boland on 12/12/12. (bnbcd, ) (Entered: 12/13/2012)

Dec. 12, 2012

Dec. 12, 2012

RECAP
69

Unopposed MOTION for Order to Transport Plaintiff to a Rule 35 Examination by Defendant City and County of Denver, The. (Attachments: # 1 Proposed Order (PDF Only))(Rivera, Joseph) (Entered: 12/14/2012)

1 Proposed Order (PDF Only)

View on PACER

Dec. 14, 2012

Dec. 14, 2012

70

MEMORANDUM regarding 69 Unopposed MOTION for Order to Transport Plaintiff to a Rule 35 Examination filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/17/12. Text Only Entry (msksec, ) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

71

ORDER denying 69 Defendant's Unopposed Motion for an Order to Transport Plaintiff by Magistrate Judge Boyd N. Boland on 12/17/12.(bnbcd, ) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

RECAP
72

MOTION to Amend/Correct/Modify 58 Order Plaintiff's Motion Re: the Thirty-two Additional Witnesses Disclosed by Defendant on December 14, 2012 by Plaintiff Major Jon Michael Scott. (Robertson, Amy) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

73

Unopposed MOTION for Hearing/Conference re 72 MOTION to Amend/Correct/Modify 58 Order Plaintiff's Motion Re: the Thirty-two Additional Witnesses Disclosed by Defendant on December 14, 2012 by Plaintiff Major Jon Michael Scott. (Robertson, Amy) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

74

DECLARATION of Amy F. Robertson regarding MOTION to Amend/Correct/Modify 58 Order Plaintiff's Motion Re: the Thirty-two Additional Witnesses Disclosed by Defendant on December 14, 2012 72, Unopposed MOTION for Hearing/Conference re 72 MOTION to Amend/Correct/Modify 58 Order Plaintiff's Motion Re: the Thirty-two Additional Witnesses Disclosed by Defendant on December 14, 2012 73 by Plaintiff Major Jon Michael Scott. (Robertson, Amy) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

75

MEMORANDUM regarding 73 Unopposed MOTION for Hearing/Conference re 72 MOTION to Amend/Correct/Modify 58 Order Plaintiff's Motion Re: the Thirty-two Additional Witnesses Disclosed by Defendant on December 14, 2012 filed by Major Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/18/12. Text Only Entry (msksec, ) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

76

MEMORANDUM regarding 72 MOTION to Amend/Correct/Modify 58 Order Plaintiff's Motion Re: the Thirty-two Additional Witnesses Disclosed by Defendant on December 14, 2012 filed by Major Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 12/18/12. Text Only Entry (msksec, ) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

77

MINUTE ORDER granting 73 Motion for Hearing/Conference. Motion Hearing is set for 12/19/2012 10:00 AM on Plaintiff's Motion re: The Thirty-Two Additional Witnesses Disclosed by Defendant on December 14, 2012 72, in Courtroom A 401, by Magistrate Judge Boyd N. Boland on 12/18/12. Text Only Entry (bnbsec, ) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

78

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 12/19/2012. Defense is required to identify every witness, limited to a reasonable number, it may or will call at trial on issue of effective communication on or before January 18, 2013. If the number is above five (5), those depositions will be at the city's expense. Defendant is to disclose the persons it may use to support its defenses on or before January 11, 2013. Defendant is to provide an answer to interrogatory number twelve (12), on or before January 11, 2013. Discovery cut-off is extended to March 1, 2013. FTR: BNB Courtroom A401. (bnbcd, ) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

79

ORDER re: 72 Plaintiffs Motion Re: the Thirty-Two Additional Witnesses Disclosed By Defendant on December 14, 2012. On or before 1/18/13, the defendant shall identify all witnesses it will or may call to testify at trial on the issue of the plaintiff's effective communication skills. If more than five witnesses are identified, the depositions of witnesses beyond the initial five shall be at the defendant's expense. Discovery is extended to 3/1/13. Rule 26(a)(1) disclosures, as indicated, and supplemental response to Interrogatory 12, due by 1/11/13. by Magistrate Judge Boyd N. Boland on 12/19/12. (bnbcd, ) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

RECAP
80

MINUTE ORDER granting 72 Plaintiff's Motion Re: the Thirty-Two Additional Witnesses Disclosed By Defendant on December 14, 2012, by Magistrate Judge Boyd N. Boland on 12/19/12. No document attached,Text Only Entry.(bnbcd, pursuant to chambers. ) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

81

Joint MOTION to Amend/Correct/Modify Scheduling Order by Defendant City and County of Denver, The, Plaintiff Major Jon Michael Scott. (Liang, Carol) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

82

MEMORANDUM regarding 81 Joint MOTION to Amend/Correct/Modify Scheduling Order filed by Major Jon Michael Scott, City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 1/2/13. Text Only Entry (msksec, ) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

83

OBJECTION/Appeal of Magistrate Judge Decision to District Court re 79 Order,, Granting Plaintiff's Motion for Additional Depositions by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rivera, Joseph) (Entered: 01/02/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Jan. 2, 2013

Jan. 2, 2013

84

RESPONSE to 59 MOTION to Compel Responses to Defendant's First Set of Discovery Requests to Plaintiff filed by Plaintiff Major Jon Michael Scott. (Attachments: # 1 Declaration of Amy F. Robertson, # 2 Declaration of Carrie Lucas)(Robertson, Amy) (Entered: 01/04/2013)

1 Declaration of Amy F. Robertson

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2 Declaration of Carrie Lucas

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Jan. 4, 2013

Jan. 4, 2013

85

MINUTE ORDER granting 81 Joint Motion to Amend Scheduling Order. Discovery due by 3/1/2013, Dispositive Motions due by 3/15/2013, rebuttal expert disclosures due by 1/28/2013. by Magistrate Judge Boyd N. Boland on 1/4/13.(bnbcd, ) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

RECAP
86

Unopposed MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Compel Plaintiff's Motion to Deem Requests for Admissions Admitted Or, in the Alternative, to Compel Responses by Defendant City and County of Denver, The. (Rivera, Joseph) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

87

RESPONSE to 60 MOTION to Compel Plaintiff's Motion to Deem Requests for Admissions Admitted Or, in the Alternative, to Compel Responses filed by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rivera, Joseph) (Entered: 01/07/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Jan. 7, 2013

Jan. 7, 2013

88

MEMORANDUM regarding 86 Unopposed MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Compel Plaintiff's Motion to Deem Requests for Admissions Admitted Or, in the Alternative, to Compel Responses filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 1/8/13. Text Only Entry (msksec, ) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

89

MINUTE ORDER granting 86 Motion for Extension of Time to File Response by Magistrate Judge Boyd N. Boland on 1/8/13. Text Only Entry (bnbsec, ) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

90

TRANSCRIPT of Motions Hearing held on 12-19-12 before Magistrate Judge Boland. Pages: 1-27. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 4/12/2013. (Avery Woods Reporting, ) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

91

Unopposed MOTION for Leave to File Reply Brief re: 87 Response to Motion, 60 MOTION to Compel Plaintiff's Motion to Deem Requests for Admissions Admitted Or, in the Alternative, to Compel Responses by Plaintiff Major Jon Michael Scott. (Attachments: # 1 Proposed Document - Plaintiff's Reply Brief)(Robertson, Amy) (Entered: 01/09/2013)

1 Proposed Document - Plaintiff's Reply Brief

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Jan. 9, 2013

Jan. 9, 2013

92

MEMORANDUM regarding 91 Unopposed MOTION for Leave to File Reply Brief re: 87 Response to Motion, 60 MOTION to Compel Plaintiff's Motion to Deem Requests for Admissions Admitted Or, in the Alternative, to Compel Responses filed by Major Jon Michael Scott. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 1/9/13. Text Only Entry (msksec, ) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

93

MINUTE ORDER granting 91 Plaintiff's Unopposed Motion for Leave to File Reply Brief in Support of Motion to Deem Requests for Admission Admitted or, in the Alternative, to Compel Responses Motion for Leave. By Magistrate Judge Boyd N. Boland on 1/9/12. (Attachments: # 1 Reply Brief)(mjgsl, ) (Entered: 01/10/2013)

1 Reply Brief

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Jan. 9, 2013

Jan. 9, 2013

RECAP
94

PLAINTIFF'S REPLY BRIEF IN SUPPORT OF 60 MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED OR, IN THE ALTERNATIVE, TO COMPEL RESPONSES filed by Plaintiff Major Jon Michael Scott. (mjgsl, ) (Entered: 01/10/2013)

Jan. 9, 2013

Jan. 9, 2013

95

Unopposed MOTION to Amend/Correct/Modify 57 Order on Motion to Amend/Correct/Modify,, Order on Motion to Compel,, Motion Hearing, 58 Order Forthwith Amend the Court Orders Regarding Plaintiff's Rule 35 Examination by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Rivera, Joseph) (Entered: 01/10/2013)

1 Exhibit 1

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2 Proposed Order (PDF Only)

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Jan. 10, 2013

Jan. 10, 2013

96

MEMORANDUM regarding 95 Unopposed MOTION to Amend/Correct/Modify 57 Order on Motion to Amend/Correct/Modify,, Order on Motion to Compel,, Motion Hearing, 58 Order Forthwith Amend the Court Orders Regarding Plaintiff's Rule 35 Examination filed by City and County of Denver, The. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 1/11/13. Text Only Entry (msksec, ) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

97

AMENDED ORDER Regarding Plaintiff's Rule 35 Examination. 95 Defendant's Unopposed Motion to Forthwith Amend the Court's Orders (ECF Nos. 57 and 58 ) Regarding Plaintiff's Rule 35 Examination is GRANTED. by Magistrate Judge Boyd N. Boland on 1/11/13.(bnbcd, ) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

RECAP
98

RESPONSE to 83 OBJECTION/Appeal of Magistrate Judge Decision to District Court re 79 Order,, Granting Plaintiff's Motion for Additional Depositions by Defendant City and County of Denver, The. by Plaintiff Major Jon Michael Scott. (Attachments: # 1 Declaration of Amy F. Robertson)(Robertson, Amy) (Entered: 01/16/2013)

1 Declaration of Amy F. Robertson

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Jan. 16, 2013

Jan. 16, 2013

99

MOTION for Leave to Depose Plaintiff Pursuant to Fed.R.Civ.P. 30(a)(2)(B) by Defendant City and County of Denver, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rivera, Joseph) (Entered: 01/23/2013)

1 Exhibit 1

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2 Exhibit 2

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Jan. 23, 2013

Jan. 23, 2013

100

Unopposed MOTION for Leave to for Forthwith Ruling on 99 MOTION for Leave to Depose Plaintiff Pursuant to Fed.R.Civ.P. 30(a)(2)(B) by Defendant City and County of Denver, The. (Rivera, Joseph) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

Case Details

State / Territory:

Colorado

Case Type(s):

Jail Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 10, 2012

Closing Date: Jan. 27, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf individual

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

City

City and County of Denver

Defendant Type(s):

Corrections

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

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

Other Dockets:

District of Colorado 1:12-cv-00053

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15,000

Issues

General/Misc.:

Access to public accommodations - governmental

Communication skills

Disability and Disability Rights:

Hearing impairment

TTY/Close Captioning/Videophone/etc.

Discrimination Basis:

Disability (inc. reasonable accommodations)

Policing:

Phone (policing)

Recommended Citation