Case: Mackes v. Colorado Department of Corrections

1:21-cv-01100 | U.S. District Court for the District of Colorado

Filed Date: April 21, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was filed on April 21, 2021 in the U.S. District Court for the District of Colorado by two blind men in the custody of the Colorado Department of Corrections (CDOC) as well as the National Federation of the Blind of Colorado (“NFB-CO”), on behalf of the two men as well as other members who are or may be in the custody of CDOC. They alleged that CDOC violated their rights under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by excluding the…

This lawsuit was filed on April 21, 2021 in the U.S. District Court for the District of Colorado by two blind men in the custody of the Colorado Department of Corrections (CDOC) as well as the National Federation of the Blind of Colorado (“NFB-CO”), on behalf of the two men as well as other members who are or may be in the custody of CDOC. They alleged that CDOC violated their rights under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by excluding them from benefits, services, programs, and activities, subjecting them to discrimination, and failing to make required reasonable modifications to policies, practices, and procedures to avoid such discrimination on the basis of disability. They sought declaratory and injunctive relief as well as compensatory damages and attorneys' fees. The case was initially assigned to Judge Christine M. Arguello.

A legally blind woman incarcerated in the Denver Women’s Correctional Facility sought to join the suit. On August 20, 2021, the court denied her request to join the suit, holding that she had failed to show how her interests would be inadequately represented by plaintiffs, or any other legal or practical reason to warrant her joining the suit. 

The parties entered into discussions on a protective order, which was granted on September 22, 2021. The parties subsequently began discovery and concurrently held settlement discussions. On August 1, 2022, the case was reassigned to Judge Charlotte N. Sweeney. The parties negotiated a settlement agreement, filing the settlement agreement and a motion to dismiss the case (while allowing the court to retain jurisdiction to enforce the settlement agreement) on August 3, 2022. 

CDOC did not admit to any liability under the settlement agreement, however, the CDOC agreed to several modifications to give blind individuals incarcerated in CDOC facilities equal access to information, processes, programs, and facilities. Terms of the settlement agreement included access to a laptop with screen reader software and other assistive technology. The CDOC also agreed to make work assignments and educational opportunities more accessible. The settlement agreement also provides for frequent meetings between representatives of the CDOC and the NFB-CO during the first two years the agreement is effective and annually thereafter. 

The court officially dismissed the case on August 3, 2022 but retains jurisdiction to enforce the settlement agreement.

Summary Authors

Tessa Bialek (9/24/2021)

Hannah Juge (8/7/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59846831/parties/mackes-v-colorado-department-of-corrections/


Judge(s)

Arguello, Christine M. (Colorado)

Hegarty, Michael E. (Colorado)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Bauer, Scott Robert (Colorado)

Spalding, Kathleen L. (Colorado)

Judge(s)

Arguello, Christine M. (Colorado)

Hegarty, Michael E. (Colorado)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Lafferty, Martha M. (Tennessee)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Bauer, Scott Robert (Colorado)

Spalding, Kathleen L. (Colorado)

Documents in the Clearinghouse

Document

1:21-cv-01100

Docket [PACER]

Sept. 17, 2021

Sept. 17, 2021

Docket
1

1:21-cv-01100

Complaint

April 21, 2021

April 21, 2021

Complaint
77-1

1:21-cv-01100

Settlement Agreement

Aug. 3, 2022

Aug. 3, 2022

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59846831/mackes-v-colorado-department-of-corrections/

Last updated Aug. 29, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Colorado Department of Corrections ("CDOC") (Filing fee $ 402,Receipt Number 1082-7828257)Attorney Amy Farr Robertson added to party Adrian Chavez(pty:pla), Attorney Amy Farr Robertson added to party Brian C. Mackes(pty:pla), Attorney Amy Farr Robertson added to party National Federation of the Blind of Colorado, Inc.(pty:pla), filed by Brian C. Mackes, National Federation of the Blind of Colorado, Inc., Adrian Chavez. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Robertson, Amy) (Entered: 04/21/2021)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

April 21, 2021

April 21, 2021

Clearinghouse
2

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (alave, ) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
3

Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (cpomm, ) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
4

ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 4/22/2021. This case is randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should be designated as 21-cv-01100-CMA-MEH . (sphil, ) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
5

NOTICE of Entry of Appearance by Eve L. Hill on behalf of All Plaintiffs Attorney Eve L. Hill added to party Adrian Chavez(pty:pla), Attorney Eve L. Hill added to party Brian Christopher Mackes(pty:pla), Attorney Eve L. Hill added to party National Federation of the Blind of Colorado, The(pty:pla) (Hill, Eve) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
6

NOTICE of Entry of Appearance by Scott Robert Bauer on behalf of Colorado Department of CorrectionsAttorney Scott Robert Bauer added to party Colorado Department of Corrections(pty:dft) (Bauer, Scott) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
7

WAIVER OF SERVICE Returned Executed by Colorado Department of Corrections. Colorado Department of Corrections waiver sent on 4/26/2021, answer due 6/25/2021. (Bauer, Scott) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
8

NOTICE of Entry of Appearance by Martha M. Lafferty on behalf of Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, TheAttorney Martha M. Lafferty added to party Adrian Chavez(pty:pla), Attorney Martha M. Lafferty added to party Brian Christopher Mackes(pty:pla), Attorney Martha M. Lafferty added to party National Federation of the Blind of Colorado, The(pty:pla) (Lafferty, Martha) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
9

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Defendant Colorado Department of Corrections. (Spalding, Kathleen) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
10

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 6/24/2021. Text Only Entry (cmasec) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
11

MEMORANDUM regarding 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 6/24/2021. Text Only Entry (cmasec) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
12

ORDER granting 9 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. For good cause shown, Defendant Colorado Department of Corrections shall file its answer or other response on or before 7/2/2021. by Magistrate Judge Michael E. Hegarty on 06/24/2021. Text Only Entry(mehlc1, ) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER

Order Referring Case to Magistrate Judge

June 24, 2021

June 24, 2021

PACER

Memorandum

June 24, 2021

June 24, 2021

PACER

Order on Motion for Extension of Time to Answer or Otherwise Respond

June 24, 2021

June 24, 2021

PACER
13

Minute ORDER by Magistrate Judge Michael E. Hegarty on 28 June 2021. Proposed Scheduling Order due 8/9/2021. Scheduling Conference set for 8/16/2021 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Litigants and counsel whose offices are located outside the Denver metropolitan area or who cannot reasonably make a personal appearance may appear remotely. Contact Chambers at (303) 844-4507 two business days beforehand if there is need to request a remote appearance. (cmadr, ) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
14

ANSWER to 1 Complaint, by Colorado Department of Corrections.(Spalding, Kathleen) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
15

MOTION for Order to Join and Appointment of Counsel by Movant Jill Coit. (evana, ) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
16

MEMORANDUM regarding 15 MOTION for Order to filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 7/27/2021. Text Only Entry (cmasec) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER

Memorandum

July 27, 2021

July 27, 2021

PACER
17

RESPONSE to 15 MOTION for Order to Join and Appointment of Counsel filed by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Robertson, Amy) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
18

Proposed Scheduling Order by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Robertson, Amy) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
19

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 8/16/2021. FTR: A501. (cthom, ) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
20

OBJECTIONS to 17 Response to Motion to join by Movant Jill Coit. (evana, ) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
21

SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 8/16/2021. (cthom, ) (Entered: 08/17/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
22

ORDER by Magistrate Judge Michael E. Hegarty on 20 August 2021. the Motion to Join 15 is denied. Because the Court declines to permit her to intervene in Plaintiffs' lawsuit, her request for appointment of counsel which she includes in that Motion is denied as moot.(cmadr, ) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

RECAP
23

CERTIFICATE of Service by mail by Clerk of Court re 22 to Jill Coit #86530Denver Women's Correctional Facility P.O. Box 392005 Denver, CO 80239. Text Only Entry (cmadr, ) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
24

NOTICE of Filing Motion to Consolidate by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The (Robertson, Amy) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

RECAP
25

MOTION for Extension of Time to Respond to 22 Order by Movant Jill Coit. (evana, ) (Entered: 09/17/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
26

MEMORANDUM regarding 25 MOTION for Extension of Time to filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 9/17/2021. Text Only Entry (cmasec) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER

Memorandum

Sept. 17, 2021

Sept. 17, 2021

PACER
27

NOTICE of Filing Amended Pleading Amended Complaint by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The (Robertson, Amy) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
28

AMENDED COMPLAINT against Colorado Department of Corrections, Dean Williams, filed by Brian Christopher Mackes, National Federation of the Blind of Colorado, The, Adrian Chavez.(Robertson, Amy) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
29

ORDER by Magistrate Judge Michael E. Hegarty on 21 September 2021. For good cause shown, Jill Coit's Motion for Extension of Time 25 is granted. Whatever form her response takes or what procedural rule she bases it on, she has until October 20, 2021 to file it with the Clerk of Court.(cmadr, ) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
30

CERTIFICATE of Service by mail by Clerk of Court re 29, to Jill Coit DOC# 86530 Denver Women's Correctional Facility PO Box 392005 Denver, CO 80239. Text Only Entry. (cmadr, ) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
31

Joint MOTION for Protective Order by Defendant Colorado Department of Corrections. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order)(Spalding, Kathleen) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
32

MEMORANDUM regarding 31 Joint MOTION for Protective Order filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 9/21/2021. Text Only Entry (cmasec) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
33

ORDER granting 31 Joint Motion for Stipulated Protective Order for good cause shown. For entry into the record, the parties shall email their proposed order in editable Word format to hegarty_chambers@cod.uscourts.gov. by Magistrate Judge Michael E. Hegarty on 09/21/2021. Text Only Entry(mehlc1, ) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
34

WAIVER OF SERVICE Returned Executed by Brian Christopher Mackes, National Federation of the Blind of Colorado, The, Adrian Chavez. Dean Williams waiver sent on 9/21/2021, answer due 11/20/2021. (Robertson, Amy) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER

Memorandum

Sept. 21, 2021

Sept. 21, 2021

PACER

Order on Motion for Protective Order

Sept. 21, 2021

Sept. 21, 2021

PACER
35

STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 22 September 2021. (cmadr, ) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
36

NOTICE of Change of Address/Contact Information by Amy Farr Robertson (Robertson, Amy) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
37

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
38

SUPPLEMENT/AMENDMENT to 37 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint Proposed Order by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 10/02/2021)

Oct. 2, 2021

Oct. 2, 2021

PACER
39

MEMORANDUM regarding 37 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/3/2021. Text Only Entry (cmasec) (Entered: 10/03/2021)

Oct. 3, 2021

Oct. 3, 2021

PACER

Memorandum

Oct. 3, 2021

Oct. 3, 2021

PACER
40

Minute ORDER by Magistrate Judge Michael E. Hegarty on 4 October 2021. For good cause shown, Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Amended Complaint 37 is granted. Defendant shall file its answer or other response to the operative pleading on or before October 15, 2021.(cmadr, ) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
41

ANSWER to 28 Amended Complaint Attorney Kathleen L. Spalding added to party Dean Williams(pty:dft) by Colorado Department of Corrections, Dean Williams.(Spalding, Kathleen) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
42

MOTION for Appointment of Counsel by Movant Jill Coit. (athom, ) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
43

MEMORANDUM regarding 42 MOTION to Appoint Counsel filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/20/2021. Text Only Entry (cmasec) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
44

STIPULATION for Extension of Time For Defendants to Respond to Plaintiff's Second Set of Discovery by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER

Memorandum

Oct. 20, 2021

Oct. 20, 2021

PACER
45

Joint MOTION to Amend/Correct/Modify JOINT MOTION TO AMEND PROTECTIVE ORDER by Defendant Colorado Department of Corrections. (Attachments: # 1 Exhibit A - Stipulated Amended Protective Order, # 2 Exhibit B - Stipulated Amended Protective Order (Redlined Version))(Bauer, Scott) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
46

MEMORANDUM regarding 45 Joint MOTION to Amend/Correct/Modify JOINT MOTION TO AMEND PROTECTIVE ORDER filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/26/2021. Text Only Entry (cmasec) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
47

ORDER granting 45 Joint Motion to Amend Protective Order for good cause shown. For entry into the record, the parties shall email their proposed amended protective order in editable Word format to hegarty_chambers@cod.uscourts.gov. by Magistrate Judge Michael E. Hegarty on 10/26/2021. Text Only Entry(mehlc1, ) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER

Memorandum

Oct. 26, 2021

Oct. 26, 2021

PACER

Order on Motion to Amend/Correct/Modify

Oct. 26, 2021

Oct. 26, 2021

PACER
48

Minute ORDER by Magistrate Judge Michael E. Hegarty on 27 October 2021. Before the Court is the Motion for Appointment of Counsel filed by Jill Coit. She renews her earlier request for court-appointed counsel to assist her with her effort to intervene in this lawsuit. The Court denied her request to intervene, and because she is not a party to this case, the Court also denied as moot her first request for appointment of counsel. ECF 22 . Although the Court thereafter gave her time to respond to it (ECF 29 ), the denial order remains in place, and she is not a litigant in this lawsuit. Therefore, Jill Coit's Motion for Appointment of Counsel 42 is denied as moot.(cmadr, ) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
50

MOTION for Order to Inquire if the Court Received Legal Documents by Movant Jill Coit. (evana, ) (Entered: 11/01/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
49

STIPULATED AMENDED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 10/30/2021. (mehlc1, ) (Entered: 10/30/2021)

Oct. 30, 2021

Oct. 30, 2021

PACER
51

MEMORANDUM regarding 50 MOTION for Order to filed by Jill Coit. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 11/1/2021. Text Only Entry (cmasec) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER

Memorandum

Nov. 1, 2021

Nov. 1, 2021

PACER
53

MOTION for Order to be included by Interested Party Philip Cowand. (evana, ) (Entered: 11/15/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
52

Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 November 2021. Jill Coit's Motion to Inquire if Court Received Legal Documents 50 is granted. Attached to this Minute Order for her review is the docket sheet that lists the filings in this lawsuit to-date. It shows that the Court did receive her Motion for Appointment of Counsel (docketed at ECF 42 ) but apparently not the above-described "response" to order/motion for reconsideration. Implicit in her current Motion to Inquire is her unsuccessful prior attempt to file herresponse to order/motion for reconsideration. Because it appears that she did attempt to file it but the Court did not receive it, the Court sua sponte extends the deadline that ECF 29 created. Ms. Coit now has until December 3, 2021 to file it.(cmadr, ) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
54

MEMORANDUM regarding 53 MOTION for Order to filed by Philip Cowand. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 11/16/2021. Text Only Entry (cmasec) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER

Memorandum

Nov. 16, 2021

Nov. 16, 2021

PACER
55

RESPONSE to 53 MOTION for Order to Join filed by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Robertson, Amy) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
56

Joint MOTION to Amend/Correct/Modify 21 Scheduling Order by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
57

MEMORANDUM regarding 56 Joint MOTION to Amend/Correct/Modify 21 Scheduling Order filed by National Federation of the Blind of Colorado, The, Adrian Chavez, Brian Christopher Mackes. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 12/6/2021. Text Only Entry (cmasec) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER

Memorandum

Dec. 6, 2021

Dec. 6, 2021

PACER
58

Minute ORDER by Magistrate Judge Michael E. Hegarty on 7 December 2021. For good cause shown, the parties' Joint Motion to Amend Scheduling Order 56 is granted. Section 9 of the Scheduling Order is modified as follows: Discovery due by 6/10/2022. Dispositive Motions due by 7/27/2022. Proposed Pretrial Order due by 10/4/2022. Additionally, the Final Pretrial Conference currently set for August 17, 2022 is rescheduled to October 11, 2022 at 10:15 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
59

RESPONSE to 52 Order on Motion for Order, by Movant Jill Coit. (evana, ) (Entered: 12/09/2021)

Dec. 8, 2021

Dec. 8, 2021

PACER
60

ORDER by Magistrate Judge Michael E. Hegarty on 15 December 2021. Accordingly, the Response to the Order at ECF 52 which the Court construes as her Motion for Reconsideration 59 is denied. After docketing this Order and mailing her a copy, the Clerk of Court shall remove Jill Coit as a Movant party from the case caption. (cmadr, ) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
61

ORDER denying 53 Motion for Order by Magistrate Judge Michael E. Hegarty on 15 December 2021. Because the Court declines to permit her to intervene in this civil action, the Clerk of Court shall remove Ms. Cowand from the case caption.(cmadr, ) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
62

Unopposed MOTION to Withdraw as Attorney Scott Bauer by Defendant Colorado Department of Corrections. (Spalding, Kathleen) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
63

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Scott Bauer is permitted to withdraw as counsel for Defendant Colorado Department of Corrections. The Court notes that Defendant continues to be represented by Ms. Spalding. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Mr. Bauer's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 12/29/2021. Text Only Entry(cmasec) (Entered: 12/29/2021)

Dec. 29, 2021

Dec. 29, 2021

PACER

Order on Motion to Withdraw as Attorney

Dec. 30, 2021

Dec. 30, 2021

PACER
64

Joint MOTION to Amend/Correct/Modify Scheduling Order by Defendant Colorado Department of Corrections. (Spalding, Kathleen) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
65

MEMORANDUM regarding 64 Joint MOTION to Amend/Correct/Modify Scheduling Order filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 1/21/2022. Text Only Entry (cmasec) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
66

Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2022. For good cause shown, the parties' Joint Motion to Amend Scheduling Order 64 is granted. The Court modifies Section 9 of the Scheduling Order as follows: Discovery due by 8/9/2022. Dispositive Motions due by 9/26/2022. Additionally, in the interest of judicial efficiency, the Final Pretrial Conference set for October 11, 2022 is vacated and rescheduled for November 28, 2022 at 10:15 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER

Memorandum

Jan. 21, 2022

Jan. 21, 2022

PACER
67

NOTICE of Change of Address/Contact Information by Amy Farr Robertson (Robertson, Amy) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
68

Joint MOTION to Amend/Correct/Modify 66 Order on Motion to Amend/Correct/Modify,, 58 Order on Motion to Amend/Correct/Modify,, 21 Scheduling Order by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Robertson, Amy) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
69

MEMORANDUM regarding 68 Joint MOTION to Amend/Correct/Modify 66 Order on Motion to Amend/Correct/Modify,, 58 Order on Motion to Amend/Correct/Modify,, 21 Scheduling Order filed by National Federation of the Blind of Colorado, The, Adrian Chavez, Brian Christopher Mackes. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 5/10/2022. Text Only Entry (cmasec) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER

Memorandum

May 10, 2022

May 10, 2022

PACER
70

Minute ORDER by Magistrate Judge Michael E. Hegarty on 11 May 2022. For good cause shown, the parties' Joint Motion to Amend Scheduling Order 68 is granted. The Court modifies Section 9 of the Scheduling Order as follows: Discovery due by 10/8/2022. Dispositive Motions due by 11/25/2022. Additionally, in order to accommodate the above extensions, the Final Pretrial Conference currently set for November 28, 2022 is rescheduled to December 15, 2022 at 10:15 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
71

NOTICE of Entry of Appearance by Maria del Pilar Gonzalez Morales on behalf of All Plaintiffs Attorney Maria del Pilar Gonzalez Morales added to party Adrian Chavez(pty:pla), Attorney Maria del Pilar Gonzalez Morales added to party Brian Christopher Mackes(pty:pla), Attorney Maria del Pilar Gonzalez Morales added to party National Federation of the Blind of Colorado, The(pty:pla) (Gonzalez Morales, Maria del Pilar) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
72

MOTION to Withdraw as Attorney by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Lafferty, Martha) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
73

ORDER: Granting 72 Motion to Withdraw as Attorney. Attorney Martha M. Lafferty is permitted to withdraw as counsel for Plaintiffs. The Court notes that Plaintiffs continue to be represented by Mss. Robertson, del Pilar Gonzalex Morales, and Hill. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Lafferty's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 6/8/2022. Text Only Entry(cmasec) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER

Order on Motion to Withdraw as Attorney

June 8, 2022

June 8, 2022

PACER
74

REASSIGNMENT OF JUDGE. This action is reassigned to Judge Charlotte N. Sweeney upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Sweeney in Courtroom 204 in the Byron Rogers Courthouse. Her chambers are located in C-253 and her telephone number is (303) 335-2610. All future pleadings should be designated as 21-cv-01100-CNA-MEH. (Text only entry) (norlin, ) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER
75

MINUTE ORDER: The Final Pretrial Conference set for 12/15/2022 will be heard at 10:00 AM and in Courtroom C204 before District Judge Charlotte N Sweeney. By Judge Charlotte N. Sweeney on 8/2/2022. Text Only Entry (cnssec. ) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

PACER

Minute Order

Aug. 2, 2022

Aug. 2, 2022

PACER
76

Joint MOTION to Dismiss and Request to Retain Jurisdiction to Enforce Settlement Agreement by Plaintiffs Adrian Chavez, Brian Christopher Mackes, National Federation of the Blind of Colorado, The. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
77

ORDER granting 76 Motion to Dismiss by District Judge Charlotte N Sweeney on 8/3/22.(jdyne, ) (Additional attachment(s) added on 8/3/2022: # 1 Release and Settlement Agreement) (jdyne, ). (Entered: 08/03/2022)

1 Release and Settlement Agreement

View on Clearinghouse

Aug. 3, 2022

Aug. 3, 2022

PACER
78

Withdraw as Attorney

Aug. 26, 2022

Aug. 26, 2022

PACER

Order on Motion to Withdraw as Attorney

Aug. 26, 2022

Aug. 26, 2022

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: April 21, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two blind men incarcerated in the custody of the Colorado Department of Corrections and The National Federation of the Blind of Colorado, in its representative capacity on behalf of the two other plaintiffs and other members who are, or may be, incarcerated in the custody of CDOC.

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

Colorado Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2022 - None

Issues

General:

Bathing and hygiene

Conditions of confinement

Confidentiality

Effective Communication (ADA)

Law library access

Mail

Phone

Reasonable Accommodations

Reasonable Modifications

Screen readers and similar accessibility devices

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Type of Facility:

Government-run