Case: Montoya v. Colorado Department of Corrections

1:20-cv-03345 | U.S. District Court for the District of Colorado

Filed Date: Nov. 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 9, 2020, a blind woman incarcerated in the custody of the Colorado Department of Corrections (CDOC) filed this pro se lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued CDOC, its Executive Director, and thirteen other staff members. She alleged that defendants violated the ADA, the Rehabilitation Act, CRIPA, CDOC Administrative Regulations as well as her constitutional rights to due process under the Fourteenth Amendment and against cruel and unusual…

On November 9, 2020, a blind woman incarcerated in the custody of the Colorado Department of Corrections (CDOC) filed this pro se lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued CDOC, its Executive Director, and thirteen other staff members. She alleged that defendants violated the ADA, the Rehabilitation Act, CRIPA, CDOC Administrative Regulations as well as her constitutional rights to due process under the Fourteenth Amendment and against cruel and unusual punishment under the Eighth Amendment.

Specifically, the plaintiff alleged she was denied access to reasonable accommodations for her visual disability. She claimed that while CDOC offered some assistive equipment she could not access accommodations because CDOC required inmates to pay for them. Instead, she alleged that she had to rely on an (OCA), another incarcerated person, to navigate the prison and engage in activities and programming that were available to sighted prisoners.

The case was initially assigned to Magistrate Judge Gordon P. Gallagher. Magistrate Judge Gallagher ordered an amended complaint on December 8, 2020 because of deficiencies in the original complain. Although the plaintiff originally struggled to meet the court’s pleading standards, once she obtained counsel from the Noble Law Firm and the Civil Rights Education and Enforcement Center on June 17, 2021, she filed an amended complaint on June 21, 2021.

After reviewing the amended complaint, Magistrate Judge Gallagher determined that the case was not appropriate for summary dismissal and reassigned the case to Magistrate Judge Nina Y. Wang for all further proceedings on June 23, 2021. The case was later assigned to Judge Regina M. Rodriguez on August 9, 2021. (Non-dispositive pretrial matters and settlement conferences remained assigned to Magistrate Judge Wang.)

On August 27, 2021, defendants filed a partial motion to dismiss. Plaintiff then filed her third amended complaint on September 20, 2021. In this complaint, plaintiff named the CDOC and its Executive Director as the sole defendants and stated causes of action under the ADA and the Rehabilitation Act. The Could ruled on March 22, 2022 that defendants’ partial motion to dismiss was mooted by plaintiff’s third amended complaint.

As of June 16, 2022, the parties are engaged in discovery and the case is ongoing.

Summary Authors

Hannah Shilling (6/13/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18626776/parties/montoya-v-colorado-department-of-corrections/


Attorneys(s) for Plaintiff

Robertson, Amy (Colorado)

Attorneys(s) for Defendant

Barrett, Philip (Colorado)

Attorneys(s) for Plaintiff

Robertson, Amy (Colorado)

Attorneys(s) for Defendant

Barrett, Philip (Colorado)

Documents in the Clearinghouse

Document
1

1:20-cv-03345

Prisoner Complaint

Montoya v. Colorado Department of Corrections Director Dean Williams

Nov. 9, 2020

Nov. 9, 2020

Complaint
23

1:20-cv-03345

Amended Complaint

June 21, 2021

June 21, 2021

Complaint
52

1:20-cv-03345

Third Amended Complaint

Sept. 20, 2021

Sept. 20, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18626776/montoya-v-colorado-department-of-corrections/

Last updated June 13, 2022, 12:03 p.m.

ECF Number Description Date Link Date / Link
1

PRISONER COMPLAINT against Dean Williams, filed by Maria Montoya.(jtorr, ) (Entered: 11/10/2020)

Nov. 9, 2020

Nov. 9, 2020

Clearinghouse
2

Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 by Plaintiff Maria Montoya. (jtorr, ) (Entered: 11/10/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
3

MOTION for Appointment of Counsel by Plaintiff Maria Montoya. (jtorr, ) (Entered: 11/10/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
4

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (jtorr, ) (Entered: 11/10/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
5

ORDER Granting 2 Leave to Proceed under 28 U.S.C. § 1915. It is FURTHER ORDERED that the Motion for Appointment of Counsel (ECF No. 3 ) is denied as premature because this case is pending initial review. By Magistrate Judge Gordon P. Gallagher on November 12, 2020. (rvill, ) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
6

PAYMENT RECEIVED from Maria Montoya in the amount of $ 9.02; Receipt Number COX097186; PLRA Filing Fee. (athom, ) (Entered: 11/23/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
7

ORDER to File Amended Prisoner Complaint. If Plaintiff fails to file an amended prisoner complaint that complies with this order within the time allowed, the action may be dismissed without further notice. By Magistrate Judge Gordon P. Gallagher on December 8, 2020. (rvill, ) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
8

MOTION to File for an Extension of Time to Respond to this Court's Order to File Amended Prisoner Complaint by Plaintiff Maria Montoya. (rvill, ) (Entered: 01/12/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
9

MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on January 14, 2021. Plaintiff's motion (ECF No. 8 ) requesting a 60-day extension of time to file an amended prisoner complaint is granted. Plaintiff establishes the required good cause for an extension of time: Plaintiff is blind, which requires additional time to read the Court's order to amend and prepare an amended pleading. Also, her library access has been, and is, generally limited due to the COVID-19 pandemic. As such, Plaintiff has until March 8, 2021 to file an amended prisoner complaint as directed in the Court's order to amend (ECF No. 7 ). (Complaint form mailed as Ordered) (rvill, ) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
10

MOTION for Extension of Time by Plaintiff Maria Montoya. (rvill, ) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
11

MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on March 10, 2021. Plaintiff has filed a second motion (ECF No. 10 ) requesting an additional 90-day extension of time to file an amended prisoner complaint. The motion is granted in part and denied in part. The Court will grant Plaintiff an extension until April 7, 2021 to file an amended prisoner complaint asdirected in the Court's order to amend (ECF No. 7 ). Plaintiff is again warned that this action may be dismissed without further notice if she fails to file an amended prisoner complaint as directed within the time allowed. (rvill, ) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
12

LETTER by Plaintiff Maria Montoya. (rvill, ) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
13

AFFIDAVIT of Jill Coit Typist of Motion to Amend for Offender Maria Montoya by Plaintiff Maria Montoya. (rvill, ) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
14

ORDER. The Motion for Appointment of Counsel (ECF No. 3 ) is granted as provided herein. The Clerk shall select, notify, and appoint counsel to represent the unrepresented party in this civil matter with the scope of such representation limited to assisting Plaintiff in preparing an amended complaint under D.C.COLO.LAttyR 5(a)(2). By Magistrate Judge Gordon P. Gallagher on April 7, 2021. (rvill, ) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
15

MOTION for Extension of Time due to COVID 19 by Plaintiff Maria Montoya. (rvill, ) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
16

Notice of Pro Bono Appointment. Attorney Taylor Ivy of The Noble Law Firm, LLC has been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of April 7, 2021 and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel has thirty days to either enter an appearance in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (ebutl) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
17

MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on May 21, 2021. Plaintiff's Motion for Extention of time due to COVID 19 (ECF No. 15 ), requesting a 30-day extension of time to file an amended prisoner complaint, is granted. Plaintiff is again warned that this action may be dismissed without further notice if she fails to file an amended prisoner complaint as directed within the time allowed. (rvill, ) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
18

MOTION to Appoint Limited Representation Counsel Amy Farr Robertson and Samantha Taylor Ivy by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
19

ORDER Granting 18 Motion to Appoint Limited Representation Counsel by Magistrate Judge Gordon P. Gallagher on June 18, 2021.(rvill, ) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER
20

NOTICE of Entry of Appearance by Samantha Taylor Ivy on behalf of Maria Montoya (rvill, ) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER
21

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Maria Montoya (rvill, ) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER
22

NOTICE of Filing Amended Pleading Amended Complaint by Plaintiff Maria Montoya (Robertson, Amy) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
23

AMENDED COMPLAINT against Colorado Department of Corrections, filed by Maria Montoya.(Robertson, Amy) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

Clearinghouse
24

ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear appropriate for summary dismissal. This case is randomly reassigned to Magistrate Judge Nina Y. Wang for all further proceedings. All future pleadings should be designated as 20-cv-03345-NYW. By Magistrate Judge Gordon P. Gallagher on June 23, 2021. (rvill, ) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
25

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, ) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
26

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 06/28/2021. Consent Form due by 8/12/2021. Status Conference set for 8/19/2021 09:30 AM before Magistrate Judge Nina Y. Wang. (alave, ) (Entered: 06/29/2021)

June 28, 2021

June 28, 2021

PACER
27

CERTIFICATE of Service by Mail by Clerk of Court to Maria Montoya, #128065, and Case Manager for Maria Montoya, #128065, Denver Women's Correctional Facility (DWCF), P.O. Box 392005, Denver, CO 80239. Text Only Entry. (alave, ) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
28

CERTIFICATE of Service by Clerk of Court re 23 Amended Complaint for Service of Process. (alave, ) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
29

WAIVER OF SERVICE Returned Executed by Maria Montoya. Colorado Department of Corrections waiver sent on 6/30/2021, answer due 8/29/2021. (Robertson, Amy) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
30

MOTION to Withdraw 19 Order Appointing Limited Representation Counsel by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
31

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Maria Montoya (Robertson, Amy) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
32

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 07/20/2021, granting 30 Motion for Leave to Withdraw Limited Scope Representation. The Consent/Non-Consent Form deadline of 08/12/2021 and the Telephonic Status Conference set for 08/19/2021 at 9:30 a.m., as set by this court in its Minute Order dated June 28, 2021 # 26 REMAIN SET. (alave, ) (Entered: 07/21/2021)

July 20, 2021

July 20, 2021

PACER
33

CERTIFICATE of Service by Mail by Clerk of Court re 32 Order on Motion to Withdraw and Consent/Non- Consent form, to Maria Montoya, #128065 and Case Manager for Maria Montoya, #128065, Denver Women's Correctional Facility (DWCF), P.O. Box 392005, Denver, CO 80239. Text Only Entry. (alave, ) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
34

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Maria Montoya (Robertson, Amy) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
35

CONSENT to Jurisdiction of Magistrate Judge by Defendant Colorado Department of Corrections All parties do not consent.. (Bauer, Scott) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
36

CASE REASSIGNED pursuant to 35 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Regina M Rodriguez. All future pleadings should be designated as 20-cv-3345-RMR (Text Only Entry) (angar, ) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
37

Unopposed MOTION for Hearing/Conference to be converted to Scheduling Conference by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
38

ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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 Regina M Rodriguez on 8/10/2021. Text Only Entry (rmrja) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
39

MEMORANDUM regarding 37 Unopposed MOTION for Hearing/Conference to be converted to Scheduling Conference filed by Maria Montoya. Motion referred to Magistrate Judge Nina Y. Wang. By Judge Regina M Rodriguez on 8/10/2021. Text Only Entry (rmrja) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER

Order Referring Case to Magistrate Judge

Aug. 10, 2021

Aug. 10, 2021

PACER

Memorandum

Aug. 10, 2021

Aug. 10, 2021

PACER
40

NOTICE of Entry of Appearance by Philip Timothy Barrett on behalf of Colorado Department of CorrectionsAttorney Philip Timothy Barrett added to party Colorado Department of Corrections(pty:dft) (Barrett, Philip) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
41

MINUTE ORDER granting the 37 Unopposed Motion to Convert Status Conference to Scheduling Conference. The Status Conference set for August 19, 2021 is hereby CONVERTED to a Scheduling Conference and RE-SET for 9/20/21 at 10:30 AM before Magistrate Judge Nina Y. Wang. The Parties' Proposed Scheduling Order is due 9/13/2021. By Magistrate Judge Nina Y. Wang on 08/12/2021. Text Only Entry(nywlc2, ) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER

Order on Motion for Hearing/Conference

Aug. 12, 2021

Aug. 12, 2021

PACER
42

STANDING ORDER: As of August 16, 2021, the public health risks caused by the coronavirus, and in particular, the Delta variant of the coronavirus, continue to be present. In order to support public health efforts to cabin the spread of the coronavirus, to protect the health of the Parties and counsel by minimizing their need to travel, and to protect the health of the general public, the following measures are adopted in an abundance of caution. Accordingly, IT IS ORDERED THAT: (1) All proceedings set before Magistrate Judge Wang, notwithstanding any evidentiary proceedings, including but not limited to trials, which are scheduled to occur through January 1, 2022, shall be held via telephone conference, unless otherwise ordered by the court. Participants may access this court's conference line by using the following dial-in information: 1-888-363-4749, Access Code 5738976. This Amended Standing Order does not apply to any criminal matters; evidentiary civil matters; or other matters specifically set after the effective date to be in-person, scheduled through January 1, 2022; (2) All jury trials scheduled to occur before Magistrate Judge Wang through January 1, 2022, shall proceed as scheduled, pursuant to the District of Colorado's Jury Trial Protocols and its effective General Order(s), available at http://www.cod.uscourts.gov/CourtOperations/COVID-19Guidance.aspx; and(3) Parties and/or counsel are advised to check information on the website of the United States District Court for the District of Colorado (http://www.cod.uscourts.gov/) and specifically, for Magistrate Judge Wang, for continuing information. By Magistrate Judge Nina Y. Wang on 08/17/2021. Text Only Entry (nywlc2, ) Modified on 8/18/2021 to correct text. (alave, ). (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER

Minute Order

Aug. 17, 2021

Aug. 17, 2021

PACER
43

MOTION to Consolidate Cases by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
44

Partial MOTION to Dismiss Pursuant To Federal Rules of Civil Procedure 12(b)(1) & 12(b)(6) by Defendant Colorado Department of Corrections. (Barrett, Philip) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
45

NOTICE of Entry of Appearance by Eve L. Hill on behalf of Maria MontoyaAttorney Eve L. Hill added to party Maria Montoya(pty:pla) (Hill, Eve) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
46

NOTICE of Entry of Appearance by Martha M. Lafferty on behalf of Maria MontoyaAttorney Martha M. Lafferty added to party Maria Montoya(pty:pla) (Lafferty, Martha) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
47

NOTICE of Filing Amended Pleading by Plaintiff Maria Montoya (Robertson, Amy) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
48

AMENDED COMPLAINT Second Amended Complaint against Colorado Department of Corrections, filed by Maria Montoya.(Robertson, Amy) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
49

Proposed Scheduling Order by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
50

RESPONSE to 43 MOTION to Consolidate Cases Defendant's Response In Opposition to Plaintiff's Motion to Consolidate filed by Defendant Colorado Department of Corrections. (Barrett, Philip) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER
51

NOTICE of Filing Amended Pleading Third Amended Complaint by Plaintiff Maria Montoya (Robertson, Amy) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
52

AMENDED COMPLAINT Third Amended Complaint against Colorado Department of Corrections, Dean Williams, filed by Maria Montoya.(Robertson, Amy) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

Clearinghouse
53

STIPULATION Protective Order by Defendant Colorado Department of Corrections. (Bauer, Scott) Modified on 9/20/2021 to correct event type. (alave, ). (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
54

COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 9/20/2021 before Magistrate Judge Nina Y. Wang. Discovery due by 5/12/2022. Dispositive Motions due by 7/1/2022. FTR: NYW-FTR. (bwilk, ) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
56

SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 9/20/2021. (bwilk, ) (Entered: 09/21/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
55

MEMORANDUM regarding 53 MOTION for Stipulated Protective Order filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Nina Y. Wang. By Judge Regina M Rodriguez on 9/21/2021. Text Only Entry (rmrja) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
56

SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 9/20/2021. (bwilk, ) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
57

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 9/21/2021.(bwilk, ) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
58

WAIVER OF SERVICE Returned Executed by Maria Montoya. 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
59

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

Sept. 28, 2021

Sept. 28, 2021

PACER
60

REPLY to Response to 43 MOTION to Consolidate Cases filed by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER
61

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

Oct. 1, 2021

Oct. 1, 2021

PACER
62

ORDER granting Defendant Colorado Department of Corrections' 61 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Third Amended Complaint. For good cause shown, Colorado Department of Corrections is GRANTED an extension of time to and including 10/15/2021 to respond to Plaintiff's 52 Third Amended Complaint. SO ORDERED by Judge Regina M Rodriguez on 10/4/2021. Text Only Entry(rmrja) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER

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

Oct. 4, 2021

Oct. 4, 2021

PACER
63

Defendants' ANSWER to 52 Amended Complaint Plaintiff's Third Amended Complaint by Colorado Department of Corrections.(Bauer, Scott) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
64

STIPULATION for Extension of Time to Respond to Discovery by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
65

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
66

MEMORANDUM regarding 65 JOINT MOTION TO AMEND PROTECTIVE ORDER filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Nina Y. Wang. By Judge Regina M Rodriguez on 10/25/2021. Text Only Entry (rmrja) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER

Memorandum

Oct. 25, 2021

Oct. 25, 2021

PACER
67

STIPULATED AMENDED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 10/26/2021.(alave, ) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
68

CERTIFICATE of Service by Mail by Clerk of Court re 67 Stipulated Amended Protective Order to Case Manager for Maria Montoya #128065, Denver Women's Correctional Facility (DWCF), P.O. Box 392005 Denver, CO 80239. (alave, ) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
69

MOTION to Withdraw as Attorney by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
70

MOTION to Withdraw as Attorney [PROPOSED ORDER] by Plaintiff Maria Montoya. (Robertson, Amy) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
71

RESPONSE to Motion to Withdraw as Counsel For Plaintiff (ECF No. 69) by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
72

Unopposed MOTION to Withdraw by Defendant Colorado Department of Corrections. (Barrett, Philip) Modified on 1/12/2022 to correct event (athom, ). (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
73

ORDER granting 69 Motion to Withdraw as Attorneys. Attorneys Amy F. Robertson, Eve L. Hill and Martha M. Lafferty are permitted to withdraw as attorneys for Plaintiff. The Court notes that Plaintiff has been notified by counsel of her obligation to comply with court orders and deadlines established by applicable statutes and rules. FURTHER, Ms. Robertson, Hill and Lafferty are DIRECTED to provide Plaintiff with a copy of this Order forthwith. FURTHER ORDERED that the Clerk of the Court is directed to deletes Ms. Robertson, Hill and Lafferty's email addresses from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Regina M. Rodriguez on 1/24/2022. Text Only Entry(rmrja) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
74

ORDER granting 72 Motion to Withdraw as Attorney. Attorney Scott Robert Bauer is permitted to withdraw as counsel for Defendant Colorado Department of Corrections. The Court will note that this Defendant continues to be represented by Philip Barrett. 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 Regina M. Rodriguez on 1/24/2022. Text Only Entry(rmrja) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
75

ORDER. The Court DENIES Plaintiff's Motion to Consolidate, ECF No. 43, by Judge Regina M. Rodriguez on 1/24/2022.(angar, ) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER

Order on Motion to Withdraw as Attorney

Jan. 24, 2022

Jan. 24, 2022

PACER
76

CERTIFICATE of Service by Mail by Clerk of Court re 73 OORDER granting 69 Motion to Withdraw as Attorneys and 74 ORDER granting 72 Motion to Withdraw as Attorney - Mailed to Maria Montoya #128065, Denver Women' Correctional Facility (DWCF), P.O. Box 392005 Denver, CO 80239 - Text Only Entry. (angar, ) (Entered: 01/25/2022)

Jan. 25, 2022

Jan. 25, 2022

PACER
77

ORDER finding as moot 44 CDOC's Partial Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) & 12(b)(6). Since the filing of Defendant's 44 Partial Motion to Dismiss, Plaintiff has filed a 48 Second Amended Complaint, along with a 47 Notice of Filing Second Amended Complaint, in which Plaintiff stated that Defendant did not oppose the amendment and that "the parties agree that the filing of this Second Amended Complaint moots CDOC's Partial Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) & 12(b)(6)." ECF No. 47 at 2. Since then, Plaintiff has also filed a 52 Third Amended Complaint, along with a 51 Notice of Filing Third Amended Complaint, which indicated that "Defendant consented to the filing of this Third Amended Complaint." ECF No. 51 at 1. Therefore, the Court finds as moot Defendant's 44 Partial Motion to Dismiss. SO ORDERED by Judge Regina M. Rodriguez on 3/22/2022. Text Only Entry(rmrja) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER

Order on Motion to Dismiss

March 22, 2022

March 22, 2022

PACER
78

MOTION to Amend/Correct/Modify Scheduling Order by Defendant Colorado Department of Corrections. (Barrett, Philip) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
79

MEMORANDUM regarding 78 MOTION to Amend/Correct/Modify Scheduling Order filed by Colorado Department of Corrections. Motion referred to Magistrate Judge Nina Y. Wang. By Judge Regina M. Rodriguez on 3/23/2022. Text Only Entry (rmrja) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER

Memorandum

March 23, 2022

March 23, 2022

PACER
80

Minute ORDER by Magistrate Judge Nina Y. Wang on 23 March 2022. It is ORDERED that: Defendants' Motion to Modify Scheduling Order 78 is GRANTED inpart and DENIED in part; The discovery deadline is RE-SET to June 26, 2022; The dispositive-motions deadline is RE-SET to August 15, 2022.(cmadr, ) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
81

CERTIFICATE of Service by mail by Clerk of Court re 80 Order, to Maria Montoya, #128065 Denver Womens Correctional Facility P.O. Box 392005 Denver, CO 80239 and Case Manager for Maria Montoya, #128065 Denver Womens Correctional Facility P.O. Box 392005 Denver, CO 80239. Text Only Entry (cmadr, ) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
82

Second MOTION to Amend/Correct/Modify 56 Scheduling Order, 80 Order on Motion to Amend/Correct/Modify, by Defendants Colorado Department of Corrections, Dean Williams. (Barrett, Philip) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
83

MEMORANDUM regarding 82 Second MOTION to Amend/Correct/Modify 56 Scheduling Order, 80 Order on Motion to Amend/Correct/Modify, filed by Dean Williams, Colorado Department of Corrections. Motion referred to Magistrate Judge Nina Y. Wang, by Judge Regina M. Rodriguez on 6/10/2022. Text Only Entry (rmrja) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER

Memorandum

June 10, 2022

June 10, 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: Nov. 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a blind woman incarcerated in the custody of the Colorado Department of Corrections

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 (Colorado), State

Defendant Type(s):

Corrections

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: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Effective Communication (ADA)

Grievance Procedures

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Disability:

Visual impairment

Type of Facility:

Government-run