Tessa Bialek and Margo Schlanger

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

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2 Summons

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

Order Referring Case to Magistrate Judge

Memorandum

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

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)

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

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

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)

Memorandum

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)

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

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)

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

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

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)

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)

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)

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

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)

Memorandum

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)

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)

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)

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)

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)

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)

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)

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)

Memorandum

Order on Motion for Protective Order

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

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

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)

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)

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)

Memorandum

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)

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)

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

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)

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)

Memorandum

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)

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)

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)

Memorandum

Order on Motion to Amend/Correct/Modify

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)

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

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

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)

Memorandum

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

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)

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)

Memorandum

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)

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)

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)

Memorandum

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)

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

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)

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)

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

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)

Order on Motion to Withdraw as Attorney

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

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)

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)

Memorandum

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

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)

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)

Memorandum

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)

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)

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)

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)

Order on Motion to Withdraw as Attorney

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)

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)

Minute Order

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)

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

Withdraw as Attorney

Order on Motion to Withdraw as Attorney