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Case: Center for Legal Advocacy v. Marshall

1:11-cv-02285 | U.S. District Court for the District of Colorado

Filed Date: Aug. 31, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

The Center for Legal Advocacy brought this lawsuit on behalf of criminal defendants with mental illnesses who had been held for months in Colorado jails awaiting placement in a competency restoration program after having been found incompetent to stand trial. The suit was brought under 42 U.S.C. § 1983 and filed on August 31, 2011 in the U.S. District Court for the District of Colorado. The Center accused the Colorado Department of Human Services (CDHS) and the Colorado Mental Health Institute …

The Center for Legal Advocacy brought this lawsuit on behalf of criminal defendants with mental illnesses who had been held for months in Colorado jails awaiting placement in a competency restoration program after having been found incompetent to stand trial. The suit was brought under 42 U.S.C. § 1983 and filed on August 31, 2011 in the U.S. District Court for the District of Colorado. The Center accused the Colorado Department of Human Services (CDHS) and the Colorado Mental Health Institute at Pueblo (CMHIP) of violating the criminal defendants’ Fourteenth Amendment due process rights. The case was assigned to Judge Marcia S. Krieger.

Under a 2006 settlement agreement (known as the "Zuniga Agreement") arising from Colorado state court cases, the Department of Human Services had committed to providing evaluation and placement for treatment within 30 days after a judge determined that a criminal defendant was incompetent to stand trial. This agreement expired in 2009 when the state opened a new 200-bed forensic mental health facility; however, the new facility did not solve the long-standing delays, and the Center for Legal Advocacy then filed this lawsuit. Represented by staff attorneys and private counsel, the Center sought a preliminary and permanent injunction requiring the state to complete competency evaluations within seven days of a court order and to admit a person for restoration treatment within seven days after evaluation and determination of incompetency. The Center also sought a declaratory judgment and attorneys’ fees.

Colorado criminal defendants found to be mentally incompetent receive restoration treatment at the Colorado Mental Health Institute at Pueblo; CMHIP is the only mental hospital in the state authorized to provide such treatment. Because CMHIP was beyond capacity, criminal defendants found to be mentally incompetent were forced to wait in county jails, sometimes for months, before being admitted to receive treatment. In some cases, their detention in county jail while awaiting treatment was longer than their sentence would have been if they had pled guilty.

The Center argued that once a person accused of a crime has been found mentally incompetent to stand trial, the only lawful purpose for continued detention is to restore that person to competency. If the state is not actively restoring the person to competency, the plaintiff argued, continued detention is a violation of the person’s due process rights.

On November 21, 2011, the parties agreed to settlement negotiations before Magistrate Judge Boyd N. Boland. On April 9, 2012, the court approved a settlement agreement. The agreement established deadlines for providing services to defendants with mental illnesses and required CMHIP to submit monthly reports to the plaintiff, with the first report due September 1, 2012. The Department of Human Services agreed to pay the plaintiff $75,000. The court retained jurisdiction to enforce the agreement until 60 days after the delivery of CMHIP’s final report.

On October 28, 2015, the plaintiff moved to reopen the case in order for the court to enforce the settlement. During the intervening three years, CMHIP had been submitting reports showing compliance with the terms of the settlement agreement, but the plaintiff's investigation into the case of one defendant (who had been held in solitary confinement while awaiting restoration services) revealed that the state was fabricating data. The plaintiff alleged that the state had been in breach of the agreement since at least March 2015, but due to the “false and misleading” information in the monthly reports, the plaintiff had not become aware of the breech until July 2015.

On November 19, 2015, the case was reassigned to Magistrate Judge Nina Y. Wang. The court granted the motion to reopen the case on December 18, 2015.

On July 29, 2016, the court approved a second settlement agreement. The state agreed to pay $196,000 to the plaintiff, and the plaintiff agreed not to seek further attorneys’ fees or costs. The state did not admit liability, but it agreed to provide monthly reports to the plaintiff and to an independent consultant chosen by the parties, and to meet quarterly with the independent consultant and the plaintiff, until July 2021. The agreement provided for extending or shortening the duration of the agreement, depending on the state’s compliance or non-compliance. Significantly, the agreement allowed the state a six-month waiver of deadlines if it informed the plaintiff that “Departmental Special Circumstances,” defined as unexpected events beyond the state’s control, prevented it from meeting the deadlines specified in the agreement. The court retained jurisdiction until 60 days following the delivery of the final monthly report.

Two years later, on June 13, 2018, the plaintiff again filed a motion to reopen the case, for the court to enforce the second settlement agreement. The plaintiff said that the state was continuing to violate the agreement’s deadlines and that people with mental illnesses were still being held in jails for months while awaiting competency restoration services. “Not only do the current delays violate the timeframes Defendants twice agreed to in the settlement agreements, they also are in violation of the United States Constitution.” The continued delays, the plaintiff alleged, were “the result of ineptitude, a tragic pattern of institutional indifference, or both.” The state had invoked the “Departmental Special Circumstances” clause of the agreement in June 2017, suspending the agreement’s deadlines for six months. When that six-month grace period expired in December 2017, the state invoked the clause again. When that grace period expired in June 2018, the state continued to violate the deadlines required by the agreement, but without invoking the clause again. The plaintiff contended that the agreement did not allow the state to invoke the special circumstances clause multiple times consecutively; the state responded that there was nothing in the agreement suggesting that they could not, and that there had been an “unanticipated spike” in referrals for restoration treatment services.

During the course of the litigation, the Colorado General Assembly had worked to pass a bill that would have helped reduce jail wait times for defendants with mental illnesses. The plaintiff supported this bill until late in the process, when the bill was amended to allow the state to keep detainees with mental illnesses in jail for up to five months while receiving jail-based competency restoration services.

On June 14, 2018, the court granted the plaintiff's motion to reopen the case for the limited purpose of considering whether the settlement agreement had been breached and whether to order enforcement, but it reserved judgment on the question of whether the state had, in fact, breached the agreement.

On August 15, both parties moved for summary judgment. The defendants’ motion for summary judgment was denied on November 9, 2018; the plaintiff’s motion was granted in part the same day. The court discussed four issues it considered at the summary judgment phase:

  1. The first was whether the settlement agreed allowed the state to invoke the special circumstances clause repeatedly, without limitations. The court found that there was no numerical limit specified in the agreement; there was, however, a “non-numeric limit”: the agreement explicitly limited invocation of special circumstances to “circumstances beyond the control of the Department which impact the Department’s ability to comply with the timeframes.”
  2. Second, whether the state breached the agreement when it re-invoked special circumstances in December 2017. The court denied summary judgment on this question.
  3. Third, whether the state breached the agreement in June 2018, when it continued in non-compliance without re-invoking special circumstances. The court granted summary judgment on this question, finding that as of June 2018, the state was in breach of the agreement.
  4. Fourth and finally, the question of what remedies the court should impose. The court declined to issue injunctive relief in this order, indicating that it would permit the state “no more than six months (and perhaps far less)…to come back into compliance.” It also indicated that if it later concluded that the state had been acting in bad faith, attorneys’ fees might be awarded to the plaintiff.
On December 18, 2018, the court appointed special masters Groundswell Services, Inc. and its experts Drs. Neil Gowensmith and Daniel Murrie. The court indicated that the special masters would replace the independent consultant, that the state would pay for the services of the special masters, and that the state was required to come into compliance and stay in compliance continuously for 18 months.

In January 2019, after submitting to the court a comprehensive plan for compliance, the state sought referral to a magistrate judge for settlement negotiations. The court referred the case to Magistrate Judge Michael E. Hegarty.

On February 28, 2019, the state submitted an amended comprehensive plan for compliance.

On April 2, 2019, the court issued a consent decree. It established specific timelines and limitations that the state must follow. It also established liquidated damages, and specific fines for non-compliance with deadlines. The state’s fines were capped at $10 million per year; the state was required to issue a weekly report indicating areas of non-compliance and tabulating total fines owed. The fines were to be paid into an independently-administered fund which would be used for providing non-Department services for defendants with mental illnesses. The state was required to create a comprehensive plan for compliance and a community-based outpatient competency restoration system focusing on triage instead of traditional waitlists. The Department agreed not to propose, sponsor, or support any legislative actions that would conflict with the terms of the decree.

The special masters would hold regular meetings between the parties. The consent decree was to remain in force until December 1, 2025, or until the state had been in strict compliance with the decree, as certified by the special masters, for two years (or for one year if the department had also reduced a specified class of detainees’ wait times to 21 days for that year).

The decree also awarded $654,000 in attorneys’ fees and costs to the plaintiff. In the event of violations of the decree, the plaintiff would be awarded attorneys’ fees and costs for pursuing the violation.

If the court found a material violation, it could order immediate enforcement of the agreement or injunctive relief, impose liquidated damages of up to $10,000 for each day of noncompliance, or fashion any other relief it deemed appropriate.

The state submitted its Long-Term Comprehensive and Cohesive Competency Plan, as required by the agreement, on March 2, 2020. The state paid over $1 million in fines as of August 2019, and the parties are engaged in negotiations about how to adjust fines incurred in 2020 (estimated to exceed $2 million) in light of unexpected delays caused by the COVID-19 pandemic. The court’s supervision of the state’s compliance is ongoing.

Summary Authors

Gregory Marsh (8/24/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5228894/parties/center-for-legal-advocacy-v-marshall/


Judge(s)

Boland, Boyd N. (Colorado)

Hegarty, Michael E. (Colorado)

Wang, Nina Y. (Colorado)

Attorneys(s) for Plaintiff

Calderon, Alicia R (Colorado)

Chapman, Chester R (Colorado)

Durling, Caleb (Colorado)

Eytan, Iris (Colorado)

Ivandick, Mark J (Colorado)

Lock, Marcus (Colorado)

Lockwood, Ellie (Colorado)

Judge(s)

Boland, Boyd N. (Colorado)

Hegarty, Michael E. (Colorado)

Wang, Nina Y. (Colorado)

Attorneys(s) for Plaintiff

Calderon, Alicia R (Colorado)

Chapman, Chester R (Colorado)

Durling, Caleb (Colorado)

Eytan, Iris (Colorado)

Ivandick, Mark J (Colorado)

Lock, Marcus (Colorado)

Lockwood, Ellie (Colorado)

Lynch, Jason M. (Colorado)

Purrington, Jennifer LaVonne (Colorado)

Attorneys(s) for Defendant

McCarthy, Elizabeth Joan (Colorado)

Pogue, Ann Houston (Colorado)

Richelson, Sarah (Colorado)

Expert/Monitor/Master

Gowensmith, Neil (Colorado)

Murrie, Daniel (Colorado)

Documents in the Clearinghouse

Document

1:11-cv-02285

Docket [PACER]

Aug. 7, 2020

Aug. 7, 2020

Docket
1

1:11-cv-02285

Complaint

Center for Legal Advocacy v. Bicha

Aug. 31, 2011

Aug. 31, 2011

Complaint
52

1:11-cv-02285

Order of Dismissal Under Fed. R. Civ. P. 41(a)(2)

Center for Legal Advocacy v. Bicha

April 9, 2012

April 9, 2012

Order/Opinion
51-1

1:11-cv-02285

Settlement Agreement

Center for Legal Advocacy v. Bicha

April 9, 2012

April 9, 2012

Settlement Agreement
53

1:11-cv-02285

Motion to Reopen Action for Enforcement of Settlement Agreement

Center for Legal Advocacy v. Bicha

Oct. 28, 2015

Oct. 28, 2015

Pleading / Motion / Brief
62

1:11-cv-02285

Order Granting Motion to Reopen Action for Enforcement of Settlement Agreement

Center for Legal Advocacy v. Bicha

Dec. 18, 2015

Dec. 18, 2015

Order/Opinion
78-1

1:11-cv-02285

Amended and Restated Settlement Agreement

Center for Legal Advocacy v. Bicha

July 28, 2016

July 28, 2016

Settlement Agreement
82

1:11-cv-02285

Unopposed Motion to Reopen Action for Enforcement of Settlement Agreement

Center for Legal Advocacy v. Bicha

June 13, 2018

June 13, 2018

Pleading / Motion / Brief
83

1:11-cv-02285

Minute Order Re-Opening Case

Center for Legal Advocacy v. Bicha

June 14, 2018

June 14, 2018

Order/Opinion
113

1:11-cv-02285

Memorandum Opinion and Order

Center for Legal Advocacy v. Bicha

Nov. 9, 2018

Nov. 9, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5228894/center-for-legal-advocacy-v-marshall/

Last updated Nov. 21, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Teresa A. Bernal, Reggie Bicha ( Filing fee $ 350, Receipt Number 040870) Summons Issued, filed by Center for Legal Advocacy. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(sah, ) (Entered: 09/01/2011)

1 Civil Cover Sheet

View on PACER

2 Receipt

View on PACER

Aug. 31, 2011

Aug. 31, 2011

RECAP
2

SUMMONS Returned Executed by Center for Legal Advocacy. Teresa A. Bernal served on 8/31/2011, answer due 9/21/2011. (Lynch, Jason) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
3

SUMMONS Returned Executed by Center for Legal Advocacy. Reggie Bicha served on 8/31/2011, answer due 9/21/2011. (Lynch, Jason) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
4

MEMORANDUM RETURNING CASE for reassignment by Senior Circuit Judge Ebel. (sah, ) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
5

LETTER REASSIGNING CASE. Case reassigned to Judge Marcia S. Krieger for all further proceedings. Judge David M. Ebel no longer assigned to the case. (sah, ) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
6

NOTICE of Entry of Appearance by Caleb Durling on behalf of Center for Legal Advocacy (Durling, Caleb) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
7

NOTICE of Entry of Appearance by Iris Eytan on behalf of All Plaintiffs (Eytan, Iris) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
8

MOTION for Extension of Time to File Responsive Pleading Re: 1 Complaint by Defendants Teresa A. Bernal, Reggie Bicha. (Attachments: # 1 Proposed Order (PDF Only))(Calderon, Alicia) Modified on 9/21/2011 to add linkage (wjc, ). (Entered: 09/20/2011)

1 Proposed Order (PDF Only)

View on PACER

Sept. 20, 2011

Sept. 20, 2011

PACER
9

ORDER granting 8 Motion for Extension of Time to file Responsive Pleading filed by all Defendants. Extension granted up to and including September 28, 2011. by Judge Marcia S. Krieger on 9/23/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(msksec, ) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
10

ORDER OF REFERENCE TO MAGISTRATE JUDGE: REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 9/28/11. (msksec, ) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
11

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 9/28/11. (mskcd) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

RECAP
12

MOTION to Dismiss for Lack of Jurisdiction by Defendants Teresa A. Bernal, Reggie Bicha. (Attachments: # 1 memorandum in support)(Smith, Tanya) (Entered: 09/28/2011)

1 memorandum in support

View on PACER

Sept. 28, 2011

Sept. 28, 2011

PACER
13

ORDER : Scheduling Conference set for 11/14/2011 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 10/6/11. (bnbcd, ) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

RECAP
14

RESPONSE to 12 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Center for Legal Advocacy. (Lynch, Jason) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
15

REPLY to Response to 12 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Teresa A. Bernal, Reggie Bicha. (Calderon, Alicia) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

PACER
16

NOTICE Of Attorney's Change Of Firm And E-Mail Address by Plaintiff Center for Legal Advocacy (Lock, Marcus) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
17

Proposed Scheduling Order by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Attachment 1 - Stipulated Protective Order)(Lynch, Jason) (Entered: 11/07/2011)

1 Attachment 1 - Stipulated Protective Order

View on PACER

Nov. 7, 2011

Nov. 7, 2011

PACER
18

WITHDRAWN - MOTION to Expedite Motion for Speedy Hearing Under FRCP 57 by Plaintiff Center for Legal Advocacy. (Lynch, Jason) Modified on 2/6/2012 to add text Withdrawn pursuant to Order dated 02/03/2012 (wjc, ). (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
19

PROTECTIVE ORDER: by Magistrate Judge Boyd N. Boland on 11/14/11. (bnbcd, ) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

RECAP
20

First MOTION to Stay by Defendants Teresa A. Bernal, Reggie Bicha. (Calderon, Alicia) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
21

MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Scheduling Conference held on 11/14/2011. Discovery due by 5/14/2012. Dispositive Motions due by 5/14/2012. (FTR: G.Mattei) (bnbcd, ) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
22

SCHEDULING ORDER: by Magistrate Judge Boyd N. Boland on 11/14/11. (bnbcd, ) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
23

TRIAL PREPARATION ORDER - CIVIL by Judge Marcia S. Krieger on 11/15/11. (msksec, ) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

RECAP
24

Unopposed MOTION for Referral to Magistrate Judge for Settlement Conference by Defendants Teresa A. Bernal, Reggie Bicha. (Smith, Tanya) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
25

ORDER granting 24 Unopposed Motion for Referral to Magistrate Judge for Settlement Conference. This matter is referred to Magistrate Judge Boland whose authority is limited to conducting a settlement conference in an expeditious time frame. No authorization is given for multiple conferences or "related procedures" as such are not defined. by Judge Marcia S. Krieger on 11/21/11. Text Only Entry(msksec, ) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
26

ORDER : Settlement Conference set for 12/7/2011 10:00 AM before Magistrate Judge Boyd N. Boland. Joint Status Report due 12/01/2011, by Magistrate Judge Boyd N. Boland on 11/22/11. (bnbcd, ) Modified on 11/23/2011 to add text re: Status Report (wjc, ). (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

RECAP
27

Utility Setting/Resetting Deadlines/Hearings: Joint Status Report due by 12/1/2011 pursuant to 26 Order dated 11/22/2011. Text Only Entry (wjc, ) (Entered: 11/23/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
28

MINUTE ORDER Settlement Conference reset for 1/5/2012 03:00 PM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 11/28/11. (gmssl, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
29

Joint STATUS REPORT by Plaintiff Center for Legal Advocacy. (Lynch, Jason) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
30

RESPONSE to 18 MOTION to Expedite Motion for Speedy Hearing Under FRCP 57 filed by Defendants Teresa A. Bernal, Reggie Bicha. (Smith, Tanya) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
31

RESPONSE to 20 First MOTION to Stay filed by Plaintiff Center for Legal Advocacy. (Lynch, Jason) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
32

NOTICE of Withdrawal of 18 Plaintiff's MOTION for Speedy Hearing by Plaintiff Center for Legal Advocacy (Lynch, Jason) Modified on 12/22/2011 to edit text to clarify title of document (wjc, ). (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
33

REPLY to Response to 20 First MOTION to Stay filed by Defendants Teresa A. Bernal, Reggie Bicha. (Smith, Tanya) (Entered: 12/22/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
34

MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Settlement Conference held on 1/5/2012. No settlement was reached as to any claims. (bnbcd, ) (Entered: 01/06/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
35

ORDER : Supplemental Settlement Conference set for 1/30/2012 10:00 AM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/5/12. (bnbcd, ) (Entered: 01/06/2012)

Jan. 5, 2012

Jan. 5, 2012

RECAP
36

MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Supplemental Settlement negotiations held on 1/30/2012. (bnbcd, ) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
37

ORDER : Second Supplemental Settlement Conference set for 2/27/2012 10:00 AM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/30/12. (bnbcd, ) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

RECAP
38

ORDER WITHDRAWING MOTION: In view of the filing of the 32 Notice (Other) filed by Center for Legal Advocacy, the Court WITHDRAWS the 18 MOTION to Expedite Motion for Speedy Hearing Under FRCP 57 filed by Center for Legal Advocacy. Counsel is advised to file a motion to withdraw when withdrawing any/all motions in the future as the filing of a notice does not alert the Court that a party is requesting action. by Judge Marcia S. Krieger on 2/3/12. Text Only Entry (msksec, ) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

PACER
39

MEMORANDUM regarding 12 MOTION to Dismiss for Lack of Jurisdiction filed by Reggie Bicha, Teresa A. Bernal. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/6/12. Text Only Entry (msksec, ) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
40

MEMORANDUM regarding 20 First MOTION to Stay filed by Reggie Bicha, Teresa A. Bernal. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/6/12. Text Only Entry (msksec, ) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
41

Joint MOTION for Referral TO CONSENT TO THE EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE BOLAND by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 02/17/2012)

1 Proposed Order (PDF Only)

View on PACER

Feb. 17, 2012

Feb. 17, 2012

PACER
42

Stipulated MOTION to Amend/Correct/Modify 22 Scheduling Order by Defendants Teresa A. Bernal, Reggie Bicha. (Attachments: # 1 Proposed Order (PDF Only))(Smith, Tanya) (Entered: 02/17/2012)

1 Proposed Order (PDF Only)

View on PACER

Feb. 17, 2012

Feb. 17, 2012

PACER
43

MEMORANDUM regarding 42 Stipulated MOTION to Amend/Correct/Modify 22 Scheduling Order filed by Reggie Bicha, Teresa A. Bernal. Motions referred to Magistrate Judge Boyd N. Boland by Judge Marcia S. Krieger on 2/21/12. Text Only Entry (msksec, ) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
44

ORDER OF REFERENCE Pursuant to 28 U.S.C. 636(c) Upon Consent to Jurisdiction of Magistrate Judge, by Judge Marcia S. Krieger on 02/21/2012. (wjc, ) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
45

CASE REASSIGNED pursuant to 44 Order on Consent to Jurisdiction of Magistrate Judge. This case is reassigned to Magistrate Judge Boyd N. Boland. All future pleadings should be designated as 11-cv-02285-BNB. Text Only Entry. (wjc, ) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
46

MINUTE ORDER granting 42 Stipulated Motion to Modify Scheduling Order. Discovery due by 7/13/2012. Dispositive Motions due by 8/10/2012, by Magistrate Judge Boyd N. Boland on 02/22/2012.(wjc, ) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

RECAP
47

ORDER : denying without prejudice 20 Motion to Stay, by Magistrate Judge Boyd N. Boland on 2/27/12.(bnbcd, ) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

RECAP
48

MINUTE ORDER : Settlement Conference set for 4/6/2012 12:00 Noon before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 2/27/12. (bnbcd, ) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
49

Joint STATUS REPORT by Plaintiff Center for Legal Advocacy. (Lynch, Jason) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
50

Joint STATUS REPORT by Plaintiff Center for Legal Advocacy. (Lynch, Jason) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

PACER
51

Joint MOTION to Dismiss UNDER FED. R. CIV. P. 41(a)(2) by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit 1, # 2 Proposed Order (PDF Only))(Lynch, Jason) (Entered: 04/09/2012)

1 Exhibit 1

View on PACER

2 Proposed Order (PDF Only)

View on PACER

April 9, 2012

April 9, 2012

PACER
52

ORDER OF DISMISSAL UNDER FED. R. CIV. P 41(a)(2) re: 51 Joint Motion to Dismiss Under Fed. R. Civ. P 41(a)(2). By Magistrate Judge Boyd N. Boland on 4/9/12.(mnfsl, ) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

RECAP
53

MOTION to Reopen Case for Enforcement of Settlement Agreement by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit 1, # 2 Envelope 2, # 3 Exhibit 3, # 4 Exhibit 4 (Part 1), # 5 Exhibit 4 (Part 2), # 6 Exhibit 4 (Part 3), # 7 Exhibit 4 (Part 4), # 8 Exhibit 5)(Lockwood, Ellie) (Entered: 10/28/2015)

1 Exhibit 1

View on PACER

2 Envelope 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4 (Part 1)

View on PACER

5 Exhibit 4 (Part 2)

View on PACER

6 Exhibit 4 (Part 3)

View on PACER

7 Exhibit 4 (Part 4)

View on PACER

8 Exhibit 5

View on PACER

Oct. 28, 2015

Oct. 28, 2015

RECAP
54

NOTICE of Change of Address/Contact Information and Change of Firm for Caleb Durling by Caleb Durling (Durling, Caleb) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
55

NOTICE of Change of Address/Contact Information and Change of Firm by Jason M. Lynch (Lynch, Jason) (Entered: 11/11/2015)

Nov. 11, 2015

Nov. 11, 2015

PACER
56

NOTICE of Entry of Appearance and Notice of Substitution of Counsel by Elizabeth Joan McCarthy on behalf of All Defendants Attorney Elizabeth Joan McCarthy added to party Teresa A. Bernal(pty:dft), Attorney Elizabeth Joan McCarthy added to party Reggie Bicha(pty:dft) (McCarthy, Elizabeth) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
57

RESPONSE to 53 MOTION to Reopen Case for Enforcement of Settlement Agreement filed by Defendants Teresa A. Bernal, Reggie Bicha. (Attachments: # 1 Exhibit CLA v Bicha et al Year One and Two Reports, # 2 Exhibit Affidavit of M. Vargas, # 3 Exhibit Affidavit of D. Foster, # 4 Exhibit Affidavit of R. Hale, # 5 Exhibit Affidavit of S. Schoenmakers, # 6 Exhibit Affidavit of T. Bernal, # 7 Exhibit Affidavit of P. Fox)(Wheeler, Tanya) (Entered: 11/18/2015)

1 Exhibit CLA v Bicha et al Year One and Two Reports

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2 Exhibit Affidavit of M. Vargas

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3 Exhibit Affidavit of D. Foster

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4 Exhibit Affidavit of R. Hale

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5 Exhibit Affidavit of S. Schoenmakers

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6 Exhibit Affidavit of T. Bernal

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7 Exhibit Affidavit of P. Fox

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Nov. 18, 2015

Nov. 18, 2015

PACER
58

CASE REASSIGNED. This case is reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 11-cv-02285-NYW. (Text Only Entry) (agarc, ) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
59

REPLY to Response to 53 MOTION to Reopen Case for Enforcement of Settlement Agreement filed by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Ex A to Declaration, # 3 Exhibit Ex B to Declaration, # 4 Exhibit Ex C to Declaration, # 5 Exhibit Ex D to Declaration, # 6 Exhibit Ex E to Declaration, # 7 Exhibit Ex F to Declaration, # 8 Exhibit Ex G to Declaration)(Durling, Caleb) (Entered: 12/07/2015)

1 Exhibit Declaration

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2 Exhibit Ex A to Declaration

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3 Exhibit Ex B to Declaration

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4 Exhibit Ex C to Declaration

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5 Exhibit Ex D to Declaration

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6 Exhibit Ex E to Declaration

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7 Exhibit Ex F to Declaration

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8 Exhibit Ex G to Declaration

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Dec. 7, 2015

Dec. 7, 2015

PACER
60

NOTICE of Change of Address/Contact Information by Tanya Elisabeth Wheeler (Wheeler, Tanya) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
61

ERRATA re 59 Reply to Response to Motion, to Reopen Action for Enforcement of Settlement Agreement by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit Ex A to Notice of Errata)(Durling, Caleb) (Entered: 12/14/2015)

1 Exhibit Ex A to Notice of Errata

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Dec. 14, 2015

Dec. 14, 2015

PACER
62

ORDER GRANTING MOTION TO REOPEN ACTION FOR ENFORCEMENT OF SETTLEMENT AGREEMENT by Magistrate Judge Nina Y. Wang on 12/18/5. The Motion to Reopen Action for Enforcement of Settlement Agreement 53 is GRANTED, insofar as it seeks to reopen the case to allow the court to consider whether the Settlement Agreement has been breached and whether to order enforcement; and This matter is set for a Status Conference on December 29, 2015 at 10:00 a.m. to discuss Plaintiff's request for discovery and an evidentiary hearing. On or before December 27, 2015, the Parties will file a Joint Status Report addressing Plaintiff's requested discovery and a proposed scope and procedure for hearing.(bsimm, ) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

RECAP
63

Joint STATUS REPORT of the Parties (Including Defendants Bicha and Hale) by Plaintiff Center for Legal Advocacy. (Lynch, Jason) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
64

COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 12/29/2015 before Magistrate Judge Nina Y. Wang. Service of formal discovery due 1/8/2016. Responses to formal discovery due 2/5/2016. Any additional documents not disclosed during formal discovery due 2/22/2016. Stipulated facts due 2/29/2016. Trial briefs, exhibit lists, exhibits, and witness lists due 3/10/2016. A two-day Evidentiary Hearing is set to begin on March 17, 2016, at 11:00 a.m. and will continue, as needed, on March 18, 2016 at 9:00 a.m. in Courtroom C-204 before Magistrate Judge Nina Y. Wang. FTR: Courtroom C-204. (bsimm, ) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
65

Joint MOTION to Continue the March 17-18, 2016 Hearing and Related Deadlines by Plaintiff Center for Legal Advocacy. (Durling, Caleb) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
66

ORDER granting 65 Motion to Continue. The Evidentiary Hearing previously set for 03/17-03/18/2016 is CONTINUED and the associated deadlines are VACATED. The Parties are directed to file a Status Report by 4/18/2016 as to the status of mediation. At that time, if in the status report the Parties report that they have not reached a resolution, the court will reset the Evidentiary Hearing and accompanying pre-hearing deadlines. By Magistrate Judge Nina Y. Wang on 02/17/2016. Text Only Entry (nywlc2) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
67

Joint STATUS REPORT by Plaintiff Center for Legal Advocacy. (Lockwood, Ellie) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
68

MINUTE ORDER re: 67 Status Report filed by Center for Legal Advocacy. All dates remain stayed. Counsel shall file a Joint Status Report on or before 5/24/2016. By Magistrate Judge Nina Y. Wang on 4/18/16. Text Only Entry (nywlc1) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
69

Joint STATUS REPORT by Plaintiff Center for Legal Advocacy. (Lockwood, Ellie) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
70

MINUTE ORDER re: 69 Status Report filed by Center for Legal Advocacy. All dates remain stayed. Counsel shall file a Joint Status Report on or before 06/20/2016. By Magistrate Judge Nina Y. Wang on 05/25/2016. Text Only Entry (nywlc2) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
71

Joint STATUS REPORT by Defendants Teresa A. Bernal, Reggie Bicha. (McCarthy, Elizabeth) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
72

MINUTE ORDER. A Status Conference is set for 6/30/2016 at 02:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 06/21/2016. Text Only Entry (nywlc2) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
73

NOTICE of Entry of Appearance of Counsel by Lauren Kelsey Peach on behalf of Reggie BichaAttorney Lauren Kelsey Peach added to party Reggie Bicha(pty:dft) (Peach, Lauren) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

PACER
74

COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 6/30/2016 before Magistrate Judge Nina Y. Wang. A Status Conference is set for 7/29/2016 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Should the Parties believe that resolution of this matter is not imminent, the Parties should be prepared to discuss the scheduling of this matter at the further Status Conference. FTR: Courtroom C-204. (bsimm, ) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
75

NOTICE of Change of Address/Contact Information Firm Change by Ellie Lockwood (Lockwood, Ellie) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
76

MINUTE ORDER. Due to a conflict on the court's calendar, the Status Conference set for 7/29/2016 will now take place at 09:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 07/19/2016. Text Only Entry (nywlc2) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
77

NOTICE by Magistrate Judge Nina Y. Wang on 7/21/16. The Practice Standards of Magistrate Judge Nina Y. Wang are now located on the internet at: http://www.cod.uscourts.gov/JudicialOfficers/ArticleIMagistrateJudges/HonNinaYWang.aspxText Only Entry (bsimm, ) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
78

Joint MOTION to Dismiss under FED. R. CIV.P.41(a)(2) by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Appendix Appendix 1 to Joint Motion to Dismiss, # 2 Appendix Appendix 2 to Joint Motion to Dismiss, # 3 Proposed Order (PDF Only) Proposed Order re Joint Motion to Dismiss)(Eytan, Iris) (Entered: 07/28/2016)

1 Appendix Appendix 1 to Joint Motion to Dismiss

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2 Appendix Appendix 2 to Joint Motion to Dismiss

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3 Proposed Order (PDF Only) Proposed Order re Joint Motion to Dismiss

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July 28, 2016

July 28, 2016

PACER
79

MINUTE ORDER. In light of 78 Joint Motion to Dismiss, the Status Conference previously set for 7/29/2016 is VACATED. By Magistrate Judge Nina Y. Wang on 07/28/2016. Text Only Entry (nywlc2) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
80

ORDER of Dismissal Under Fed. R. Civ. P. 41(a)(2) by Magistrate Judge Nina Y. Wang on 07/29/16.(nmarb, ) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
81

SUPPLEMENT/AMENDMENT to 78 Joint MOTION to Dismiss under FED. R. CIV.P.41(a)(2) Appendix 2 by Defendants Teresa A. Bernal, Reggie Bicha. (Peach, Lauren) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

PACER
82

Unopposed MOTION to Reopen Case for Enforcement of Settlement Agreement by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit 1)(Lockwood, Ellie) (Entered: 06/13/2018)

1 Exhibit 1

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June 13, 2018

June 13, 2018

RECAP
83

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/14/18 GRANTING IN PART and RESERVING IN PART 82 Plaintiff's Unopposed Motion to Reopen Action for Enforcement of Settlement Agreement. Joint Status Report due by 7/2/2018. Status Conference set for 7/5/2018 10:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. (nmarb, ) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

RECAP
84

NOTICE of Entry of Appearance by Timothy Philip Scalo on behalf of Center for Legal AdvocacyAttorney Timothy Philip Scalo added to party Center for Legal Advocacy(pty:pla) (Scalo, Timothy) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
85

MOTION to Withdraw as Attorney of Record of Jason M. Lynch by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Proposed Order (PDF Only))(Stevenson, Shannon) (Entered: 06/19/2018)

1 Proposed Order (PDF Only)

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June 19, 2018

June 19, 2018

PACER
86

ORDER granting 85 Motion to Withdraw as Attorney. Attorney Jason M. Lynch is granted leave to withdraw as counsel for Plaintiff, and shall be removed from electronic service in this matter. Furthermore, counsel are reminded that all future motions must comply with the requirements of D.C.COLO.LAttyR 5(b), as future noncompliance may result in this court striking the motion without substantive consideration. The Parties are also reminded that future filings must contain the correct caption. By Magistrate Judge Nina Y. Wang on 6/19/2018. Text Only Entry (nywlc2, ) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
87

MINUTE ORDER resetting Status Conference for 7/12/2018 03:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The Parties' Joint Status Report is now due 7/9/2018. By Magistrate Judge Nina Y. Wang on 6/21/2018. Text Only Entry (nywlc2, ) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
88

Joint STATUS REPORT by Plaintiff Center for Legal Advocacy. (Lockwood, Ellie) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
89

NOTICE of Change of Address/Contact Information and Change of Firm by Caleb Durling (Durling, Caleb) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
90

COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 7/12/2018 before Magistrate Judge Nina Y. Wang. Oral Argument is set for 9/28/2018 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang for two-hours. Each party will be granted 30 minutes of argument. No live testimony is anticipated. FTR: Courtroom C-204. (bwilk, ) (Entered: 07/13/2018)

July 12, 2018

July 12, 2018

RECAP
91

Unopposed MOTION to Clarify re 90 Status Conference,, Set/Reset Deadlines/Hearings, by Defendants Teresa A. Bernal, Reggie Bicha. (Wheeler, Tanya) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
92

ORDER granting 91 Motion to Clarify. The deadlines set by the July 12, 2018 Minute Order 90 will govern the pre-hearing deadlines to ensure that the court has sufficient time to prepare for the September 28, 2018 hearing, and to allow for a ruling as expeditiously as possible thereafter. By Magistrate Judge Nina Y. Wang on 7/24/2018. Text Only Entry (nywlc2, ) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
93

NOTICE of Entry of Appearance by Jennifer LaVonne Purrington on behalf of Center for Legal AdvocacyAttorney Jennifer LaVonne Purrington added to party Center for Legal Advocacy(pty:pla) (Purrington, Jennifer) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
94

Joint MOTION for Leave to File Excess Pages in Motion for Summary Judgment by Plaintiff Center for Legal Advocacy. (Scalo, Timothy) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
95

ORDER granting 94 Motion for Leave to File Excess Pages. The Parties are granted leave to file cross-motions for summary judgment not to exceed twenty-five (25) pages. Furthermore, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Clerk of the Court is DIRECTED to REMOVE Defendant Teresa A. Bernal and to SUBSTITUTE Defendant JILL MARSHALL,in her official capacity as Chief Executive Officerof the Colorado Mental Health Institute at Pueblo. By Magistrate Judge Nina Y. Wang on 8/9/2018. Text Only Entry (nywlc2, ) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
96

MOTION for Summary Judgment to Enforce Settlement Agreement by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Lockwood, Ellie) (Entered: 08/15/2018)

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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8 Exhibit 8

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Aug. 15, 2018

Aug. 15, 2018

PACER
97

MOTION for Summary Judgment by Defendants Reggie Bicha, Jill Marshall. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6, # 7 Exhibit A-7, # 8 Exhibit A-8, # 9 Exhibit A-9, # 10 Exhibit A-10, # 11 Exhibit A-11, # 12 Exhibit A-12, # 13 Exhibit A-13, # 14 Exhibit A-14, # 15 Exhibit A-15, # 16 Exhibit A-16, # 17 Exhibit A-17, # 18 Exhibit A-18, # 19 Exhibit A-19, # 20 Exhibit A-20, # 21 Exhibit A-21, # 22 Exhibit A-22, # 23 Exhibit A-23, # 24 Exhibit A-24, # 25 Exhibit A-25, # 26 Exhibit A-26, # 27 Exhibit A-27, # 28 Exhibit A-28, # 29 Exhibit A-29, # 30 Exhibit B)(Wheeler, Tanya) (Entered: 08/15/2018)

1 Exhibit A-1

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2 Exhibit A-2

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3 Exhibit A-3

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4 Exhibit A-4

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5 Exhibit A-5

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6 Exhibit A-6

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7 Exhibit A-7

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8 Exhibit A-8

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9 Exhibit A-9

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10 Exhibit A-10

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11 Exhibit A-11

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12 Exhibit A-12

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13 Exhibit A-13

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14 Exhibit A-14

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15 Exhibit A-15

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16 Exhibit A-16

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17 Exhibit A-17

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20 Exhibit A-20

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21 Exhibit A-21

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22 Exhibit A-22

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23 Exhibit A-23

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24 Exhibit A-24

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25 Exhibit A-25

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26 Exhibit A-26

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27 Exhibit A-27

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28 Exhibit A-28

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29 Exhibit A-29

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30 Exhibit B

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Aug. 15, 2018

Aug. 15, 2018

RECAP
98

MINUTE ORDER denying as moot the remaining portion of 82 Motion to Reopen Case in light of Plaintiff's 96 Motion for Summary Judgment to Enforce Settlement Agreement. By Magistrate Judge Nina Y. Wang on 8/16/2018. Text Only Entry (nywlc2, ) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
99

MOTION to Withdraw by Defendants Reggie Bicha, Jill Marshall. (Wheeler, Tanya) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
100

ORDER granting 99 Motion to Withdraw. Attorney Alicia R. Calderon is granted leave to withdraw as counsel for Defendants, and shall be removed from electronic service in this matter. By Magistrate Judge Nina Y. Wang on 8/17/2018. Text Only Entry (nywlc2, ) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 31, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Center for Legal Advocacy, Colorado's PAIMI-mandated Protection & Advocacy organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Colorado Department of Human Services, State

Colorado Mental Health Institute at Pueblo, State

Defendant Type(s):

Corrections

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

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

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,925,000

Order Duration: 2012 - 2025

Content of Injunction:

Discrimination Prohibition

Reporting

Monitor/Master

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Access to lawyers or judicial system

Classification / placement

Commitment procedure

Conditions of confinement

Confinement/isolation

Deinstitutionalization/decarceration

Disciplinary procedures

Individualized planning

Over/Unlawful Detention

Placement in detention facilities

Placement in mental health facilities

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Medication, administration of

Mental health care, general

Type of Facility:

Government-run