Case: DOJ ADA Investigation of Colorado's Long-Term Care System

No Court

U.S. v. Colorado

ADA

COMPLAINT against State of Colorado Attorney Julia M. Graff added to party United States of America(pty:pla), filed by United States of America. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Graff, Julia) (Entered: 09/29/2023)

1 Summons

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2 Civil Cover Sheet

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Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) (Entered: 09/29/2023)

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (efoga, ) (Entered: 09/29/2023)

1 Magistrate Judge Consent Form

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ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 29 September 2023. Consent Form due by 11/21/2023. Proposed Scheduling Order due 11/28/2023. Scheduling Conference set for 12/5/2023 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, ) (Entered: 09/29/2023)

SUMMONS Returned Executed by USA. State of Colorado served on 9/29/2023, answer due 10/20/2023. (Graff, Julia) (Entered: 09/30/2023)

NOTICE of Entry of Appearance by Jennifer Lee Weaver on behalf of State of ColoradoAttorney Jennifer Lee Weaver added to party State of Colorado(pty:dft) (Weaver, Jennifer) (Entered: 10/13/2023)

NOTICE of Entry of Appearance by Corelle M. Spettigue on behalf of State of ColoradoAttorney Corelle M. Spettigue added to party State of Colorado(pty:dft) (Spettigue, Corelle) (Entered: 10/13/2023)

NOTICE of Entry of Appearance by Ryan K. Lorch on behalf of State of ColoradoAttorney Ryan K. Lorch added to party State of Colorado(pty:dft) (Lorch, Ryan) (Entered: 10/13/2023)

NOTICE of Entry of Appearance by Justine Marie Pierce on behalf of State of ColoradoAttorney Justine Marie Pierce added to party State of Colorado(pty:dft) (Pierce, Justine) (Entered: 10/13/2023)

NOTICE of Entry of Appearance by Anne M. Mangiardi on behalf of State of ColoradoAttorney Anne M. Mangiardi added to party State of Colorado(pty:dft) (Mangiardi, Anne) (Entered: 10/13/2023)

CONSENT to Jurisdiction of Magistrate Judge by Defendant State of Colorado All parties do not consent.. (Lorch, Ryan) (Entered: 10/17/2023)

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint by Defendant State of Colorado. (Lorch, Ryan) (Entered: 10/18/2023)

Memorandum

Order Referring Case to Magistrate Judge

CASE REASSIGNED pursuant to 11 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-02538-PAB. (Text Only Entry) (schap, ) (Entered: 10/18/2023)

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 10/18/2023. Text Only Entry (pabsec, ) (Entered: 10/18/2023)

MEMORANDUM regarding 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint filed by State of Colorado. Motion referred to Magistrate Judge Michael E. Hegarty, by Chief Judge Philip A. Brimmer on 10/18/2023. Text Only Entry (pabsec, ) (Entered: 10/18/2023)

ORDER granting 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to 1 Complaint, for good cause shown. Defendant State of Colorado's answer is now due 12/1/2023. IT IS FURTHER ORDERED THAT the Scheduling Conference set for 12/5/2023 at 10:15 AM is vacated and rescheduled for 12/5/2023 at 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, TIME AND LOCATION CHANGE. Entered by Magistrate Judge Michael E. Hegarty on 10/19/23. Text Only Entry(mehlc4, ) (Entered: 10/19/2023)

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

MINUTE ORDER The Scheduling Conference is reset for 12/6/2023 at 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 11/20/2023. Text Only Entry. (cthom, ) (Entered: 11/20/2023)

Minute Order

MINUTE ORDER The Scheduling Conference is reset, TIME CHANGE ONLY, to 12/6/2023 at 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 11/28/2023. Text Only Entry. (cthom, ) (Entered: 11/28/2023)

Minute Order

Proposed Scheduling Order by Plaintiff USA. (Park, H.) (Entered: 11/28/2023)

MINUTE ORDER Due to a conflict on the Court's calendar, the Scheduling Conference is reset for 12/14/2023 at 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 12/14/2023. Text Only Entry. (cthom, ) (Entered: 11/30/2023)

Minute Order

ANSWER to 1 Complaint by State of Colorado.(Pierce, Justine) (Entered: 12/01/2023)

COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 12/14/2023.FTR: A501. (cthom, ) (Entered: 12/14/2023)

SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 12/14/2023. (cthom, ) (Entered: 12/14/2023)

MINUTE ORDER The Court will hold a Settlement Conference on February 20, 2024 at 10:00 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The Court has also set aside February 21, 2024 and February 22, 2024 if needed. ORDERED by Magistrate Judge Michael E. Hegarty on 12/14/2023. (cthom, ) (Entered: 12/14/2023)

Joint MOTION for Protective Order for Protected Health Information and Other Confidential Information by Defendant State of Colorado. (Attachments: # 1 Proposed Order (PDF Only) Protective Order)(Lorch, Ryan) (Entered: 01/25/2024)

1 Proposed Order (PDF Only) Protective Order

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Memorandum

Order on Motion for Protective Order

MEMORANDUM regarding 25 Joint MOTION for Protective Order for Protected Health Information and Other Confidential Information filed by State of Colorado. Motion referred to Magistrate Judge Michael E. Hegarty, by Chief Judge Philip A. Brimmer on 1/25/2024. Text Only Entry (pabsec, ) (Entered: 01/25/2024)

ORDER granting 25 the parties' "Joint Motion for Entry of Stipulated Qualified Protective Order for Protected Health Information and Other Confidential Information" for good cause shown and as modified herein. The parties shall revise Paragraph 6 of the proposed protective order as follows: (1) revise the second to last sentence to comply with Section III(A)(3) of Magistrate Judge Hegarty's Practice Standards for Civil Actions and (2) replace the last sentence with: "The Producing Party, as the party designating the Discovery Material confidential, shall bear the burden of establishing that good cause exists for the disputed material to be treated as such." The parties shall also replace Paragraph 20 with the following: "The Court will not retain jurisdiction over a matter once the case is closed." For issuance of the proposed protective order, the parties shall submit an updated, clean copy (i.e., no track changes) in an editable format (.i.e., Word) to hegarty_chambers@cod.uscourts.gov on or before January 30, 2024. Entered by Magistrate Judge Michael E. Hegarty on 1/25/24. Text Only Entry (mehlc5) (Entered: 01/25/2024)

STIPULATED QUALIFIED PROTECTIVE ORDER for Protected Health Information and Other Confidential Information by Magistrate Judge Michael E. Hegarty on 1/30/2024. (jtorr, ) (Entered: 01/30/2024)

TRANSCRIPT of Scheduling Conference held on December 14, 2023 before Magistrate Judge Hegarty. Pages: 1-36. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 02/18/2024)

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 2/20/2024, 2/21/2024, and 2/22/2024. (cthom, ) (Entered: 02/26/2024)

MINUTE ORDER: As discussed with the Parties, the Court will hold a Settlement Conference on February 28, 2024 at 10:00 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The Court has also set aside February 29, 2024 and March 1, 2024 if needed. Entered by Chief Magistrate Judge Michael E. Hegarty on 2/26/24. Text Only Entry (mehlc5) (Entered: 02/26/2024)

Minute Order

MINUTE ORDER: As discussed with the Parties, the Court will hold a Settlement Conference on March 4, 2024 at 10:00 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The Court has also set aside time on March 5, 6, and 7, 2024 if needed. Deadlines for discovery obligations will be addressed by further order of the Court. Entered by Chief Magistrate Judge Michael E. Hegarty on 3/1/24. Text Only Entry (mehlc5) (Entered: 03/01/2024)

Minute Order

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 2/28/2024, 2/29/2024, and 3/1/2024. (cthom, ) (Entered: 03/04/2024)

MINUTE ORDER: As discussed with the Parties, the Court will hold a Settlement Conference on April 2, 2024 through April 5, 2024 at 10:00 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. Entered by Chief Magistrate Judge Michael E. Hegarty on 3/7/24. Text Only Entry (mehlc5) (Entered: 03/07/2024)

Minute Order

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on March 4-7, 2024. (cthom, ) (Entered: 03/07/2024)

Utility Setting Hearings: Settlement Conference set for 4/2/2024 through 4/5/2024 at 10:00 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty pursuant to 34 Minute Order. Text Only Entry. (jtorr, ) (Entered: 03/08/2024)

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on April 2-5, 2024. FTR: A501. (cthom, ) (Entered: 04/05/2024)

ORDER STAYING CASE: In light of the ongoing settlement discussions, the Court hereby STAYS this case until May 24, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 4/11/24. Text Only Entry (mehlc5) (Entered: 04/11/2024)

Order Staying Case

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 5/17/2024. (cthom, ) (Entered: 05/17/2024)

ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though June 28, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 5/24/24. Text Only Entry (mehlc5) (Entered: 05/24/2024)

Order Staying Case

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 5/23/2024 & 5/24/2024. (cthom, ) (Entered: 05/24/2024)

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 6/7/2024. (cthom, ) (Entered: 06/07/2024)

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 6/14/2024. (cthom, ) (Entered: 06/17/2024)

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 6/21/2024. (cthom, ) (Entered: 06/21/2024)

ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though August 1, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 07/12/2024. (mehlc7) (Entered: 07/12/2024)

Minute Order

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 7/12/2024. (cthom, ) (Entered: 07/12/2024)

MOTION to Withdraw as Attorney by Defendant State of Colorado. (Mangiardi, Anne) (Entered: 07/15/2024)

Order on Motion to Withdraw as Attorney

ORDER by Chief Judge Philip A. Brimmer on 7/15/2024 re: 47 Motion to Withdraw is GRANTED. Attorney Anne M. Mangiardi is terminated from this case. Text Only Entry(pabsec, ) (Entered: 07/15/2024)

ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though August 23, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 07/31/2024. (Entered: 07/31/2024)

Minute Order

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 8/19/2024. (cthom, ) (Entered: 08/20/2024)

Minute Order

ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though September 13, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 08/20/2024. Text Only Entry (mehlc7) (Entered: 08/20/2024)

ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though September 20, 2024. The Court shall meet with the Parties by videoconference to continue settlement discussions on September 20, 2024 at 11:00 AM. Entered by Chief Magistrate Judge Michael E. Hegarty on 09/13/2024. Text Only Entry (mehlc7) (Entered: 09/13/2024)

Minute Order

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 9/13/2024. (cthom, ) (Entered: 09/13/2024)

MINUTE ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though October 7, 2024. The Court shall meet with the Parties by videoconference to continue settlement discussions on September 26, 2024 at 10:15 AM. Entered by Chief Magistrate Judge Michael E. Hegarty on 09/20/2024. Text Only Entry (mehlc7) (Entered: 09/20/2024)

Minute Order

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 9/20/2024. (cthom, ) (Entered: 09/20/2024)

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 9/26/2024. FTR: A501. (cthom, ) (Entered: 09/27/2024)

MINUTE ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though October 15, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 10/04/2024. Text Only Entry (mehlc7) (Entered: 10/04/2024)

Minute Order

MINUTE ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though October 21, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 10/10/2024. Text Only Entry (mehlc7) (Entered: 10/10/2024)

Minute Order

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Settlement Conference held on 10/10/2024. (cthom, ) (Entered: 10/11/2024)

MINUTE ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though October 29, 2024. The Court shall meet with the Parties by videoconference to continue settlement discussions on October 29, 2024, at 1:00 PM. Entered by Chief Magistrate Judge Michael E. Hegarty on 10/21/2024. Text Only Entry (mehlc7) (Entered: 10/21/2024)

Minute Order

MINUTE ORDER: In light of the ongoing settlement discussions, the Court hereby extends the stay of this case though October 31, 2024. Entered by Chief Magistrate Judge Michael E. Hegarty on 10/29/2024. Text Only Entry (mehlc7) (Entered: 10/29/2024)

Minute Order

Joint MOTION to Dismiss to Administratively Close This Case, Thus Retaining Jurisdiction to Enforce Settlement Agreement by Plaintiff USA, Defendant State of Colorado. (Attachments: # 1 Exhibit A Settlement Agreement, # 2 Proposed Order (PDF Only))(Graff, Julia) (Entered: 10/31/2024)

1 Exhibit A Settlement Agreement

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2 Proposed Order (PDF Only)

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MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/5/2024, re: 62 parties' Joint Motion to Administratively Close This Case is GRANTED. ORDERED that this case is administratively closed pursuant to D.C.COLO.LCivR 41.2. ORDERED that this Court will retain jurisdiction to enforce the settlement agreement between the parties. ORDERED that all deadlines are vacated, including the deadline for designation of affirmative experts, designation of rebuttal experts, discovery, dispositive motions, and the final pretrial conference. Docket No. 22 . ORDERED that the parties shall attend a status conference on November 6, 2026 at 10:00 a.m. in Courtroom A701 before Chief Judge Philip A. Brimmer.(dgumb, ) (Entered: 11/05/2024)