Case: Center for Legal Advocacy v. Colorado Department of Corrections

Center for Legal Advocacy v. Colorado Department

Tessa Bialek and Margo Schlanger

COMPLAINT against Colorado Department of Corrections (Filing fee $ 402,Receipt Number 1082-7769744)Attorney Laura Lee Rovner added to party Center for Legal Advocacy(pty:pla), filed by Center for Legal Advocacy.(Rovner, Laura) (Entered: 03/18/2021)

SUMMONS REQUEST as to Colorado Department of Corrections re 1 Complaint by Plaintiff Center for Legal Advocacy. (Rovner, Laura) (Entered: 03/18/2021)

NOTICE re 1 Complaint - Civil Cover Sheet by Plaintiff Center for Legal Advocacy (Rovner, Laura) (Entered: 03/18/2021)

NOTICE of Entry of Appearance by Nicole Brianne Godfrey on behalf of Center for Legal AdvocacyAttorney Nicole Brianne Godfrey added to party Center for Legal Advocacy(pty:pla) (Godfrey, Nicole) (Entered: 03/18/2021)

Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jtorr, ) (Entered: 03/18/2021)

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (jtorr, ) (Entered: 03/18/2021)

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Center for Legal Advocacy (Robertson, Amy) (Entered: 03/18/2021)

NOTICE of Entry of Appearance by Martha M. Lafferty on behalf of Center for Legal AdvocacyAttorney Martha M. Lafferty added to party Center for Legal Advocacy(pty:pla) (Lafferty, Martha) (Entered: 03/18/2021)

WAIVER OF SERVICE Returned Executed by Center for Legal Advocacy. Colorado Department of Corrections waiver sent on 3/18/2021, answer due 5/17/2021. (Robertson, Amy) (Entered: 03/19/2021)

ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 19 March 2021. Consent Form due by 5/25/2021. Proposed Scheduling Order due 6/1/2021. Scheduling Conference set for 6/8/2021 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, ) (Entered: 03/19/2021)

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: 03/24/2021)

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Proposed Order (PDF Only) 1 - Frisinger Law Student Appearance Form, # 2 Proposed Order (PDF Only) 2 - Roberts Law Student Appearance Form, # 3 Proposed Order (PDF Only) 3 - Ford Law Student Appearance Form)(Rovner, Laura) (Entered: 03/28/2021)

Minute ORDER by Magistrate Judge N. Reid Neureiter on 29 March 2021. It is HEREBY ORDERED that Plaintiff's Unopposed Motion for Leave to Appear as Student Attorneys, Dkt. # 12, is GRANTED. Stephanie Frisinger, Kassidy Roberts, and Thomas Ford are authorized to appear on behalf of Plaintiff in this matter pursuant to the Student Practice Rule. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) (Entered: 03/30/2021)

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Center for Legal Advocacy All parties do not consent.. (Rovner, Laura) (Entered: 04/15/2021)

CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 21-cv-00792-RBJ. (Text Only Entry) (slibi, ) (Entered: 04/16/2021)

MINUTE ORDER: In light of the reassignment of this case to this Court the Scheduling Conference set 6/8/2021 before Magistrate Judge N. Reid Neureiter is vacated. Due to the COVID-19 pandemic, this Court will not hold a scheduling conference. The Court requests that the parties confer and attempt to agree on a schedule and submit a proposed scheduling order by 6/1/2021 pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 4/16/2021. Text Only Entry (rbjsec. ) (Entered: 04/16/2021)

Minute Order

NOTICE of Entry of Appearance by Aurora Lynn Randolph on behalf of Center for Legal AdvocacyAttorney Aurora Lynn Randolph added to party Center for Legal Advocacy(pty:pla) (Randolph, Aurora) (Entered: 04/26/2021)

CORPORATE DISCLOSURE STATEMENT. (Robertson, Amy) (Entered: 05/04/2021)

Unopposed MOTION to Withdraw 13 Order on Motion for Leave, Appearance of Student Attorneys (T. Ford, S. Frisinger, K. Roberts) by Plaintiff Center for Legal Advocacy. (Godfrey, Nicole) (Entered: 05/17/2021)

ORDER granting 19 Unopposed MOTION to Withdraw 13 Order on Motion for Leave, Appearance of Student Attorneys T. Ford, S. Frisinger, and K. Roberts. By Judge R. Brooke Jackson on 5/17/2021. Text Only Entry(rbjsec, ) (Entered: 05/17/2021)

LETTER re Motion to Dismiss by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 05/17/2021)

Order on Motion to Withdraw

LETTER re: 21 Letter in response to Defendant's Letter re: Motion to Dismiss by Plaintiff Center for Legal Advocacy. (Robertson, Amy) (Entered: 05/24/2021)

MINUTE ORDER re: 22 Letter filed by Center for Legal Advocacy, 21 Letter filed by Colorado Department of Corrections. The Court has reviewed the parties' letters, ECF Nos. 21 and 22. A motion to dismiss would be a waste of time and resources that would better be devoted to addressing the issues raised in the Complaint. I agree that the Complaint is long and goes beyond what is necessary to make a short and plain statement of the claim per Rule 8(a)(2). It is obviously the product of a great deal of work, and it is well-written, but it is a more like a legal brief than a complaint in places, particularly in its early parts. The Court suggests and requests that the parties participate in a mediation with a professional mediator now. If the parties cannot afford the cost, the Court is willing to appoint someone from its Pro Bono Mediation Panel, comprised of top litigators and mediators in metro Denver who volunteer their services when needed to serve indigent litigants. Then, after a mediation session during which you will at a minimum get to know the other party's situation better, if you have not agreed on a settlement, then the plaintiffs are requested to amend the Complaint and trim it down quite a bit. The Court understands the reaction of plaintiffs to the proliferation of motions to dismiss for failure to state a claim in the post-Twombly/Iqbal era, but the Court does not find a 100-page complaint to be necessary or compliant with the Rule. The Court likewise does not anticipate that a Rule 12(b)(6) motion would be granted in this case. Construing the allegations in plaintiffs' favor, it does state claims. By Judge R. Brooke Jackson on 5/25/2021. Text Only Entry (rbjsec. ) (Entered: 05/25/2021)

Minute Order

Proposed Scheduling Order by Defendant Colorado Department of Corrections. (Bauer, Scott) (Entered: 06/01/2021)

SCHEDULING ORDER: Discovery due by 2/15/2022. Dispositive Motions due by 4/1/2022. by Judge R. Brooke Jackson on 6/3/21. (Attachments: # 1 redlined version) (jdyne, ) (Entered: 06/03/2021)

ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter is set for a two-week Bench Trial to commence on October 31, 2022 at 9:00 a.m. on the docket of Judge R. Brooke Jackson U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado. A Trial Preparation Conference is set for October 21, 2022 at 9:00 a.m. By Judge R. Brooke Jackson on 6/15/2021. (rbjsec.) (Entered: 06/15/2021)

AMENDED COMPLAINT against Center for Legal Advocacy, filed by Center for Legal Advocacy.(Rovner, Laura) (Entered: 08/17/2021)

NOTICE of Filing Amended Pleading re 27 Amended Complaint by Plaintiff Center for Legal Advocacy (Rovner, Laura) (Entered: 08/17/2021)

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Exhibit 1 (Law Student Appearance Form-K. Roberts), # 2 Exhibit 2 (Law Student Appearance Form-H. Williams), # 3 Exhibit 3 (Law Student Appearance Form-A. Goebel), # 4 Exhibit 4 (Law Student Appearance Form-J. Tuttle))(Godfrey, Nicole) (Entered: 08/23/2021)

ORDER granting 29 Unopposed MOTION for Leave to Appear as Student Attorneys. By Judge R. Brooke Jackson on 8/24/2021. Text Only Entry(rbjsec. ) (Entered: 08/24/2021)

Order on Motion for Leave

Joint MOTION for Protective Order by Defendant Colorado Department of Corrections. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order)(Bauer, Scott) (Entered: 09/13/2021)

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 9/13/21. (jdyne, ) (Entered: 09/13/2021)

NOTICE of Entry of Appearance by Cole Jacob Woodward on behalf of Colorado Department of CorrectionsAttorney Cole Jacob Woodward added to party Colorado Department of Corrections(pty:dft) (Woodward, Cole) (Entered: 09/16/2021)

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

AMENDED COMPLAINT (Second and Supplemental) against All Defendants, filed by Center for Legal Advocacy.(Godfrey, Nicole) (Entered: 10/05/2021)

NOTICE of Filing Amended Pleading (Second Amended and Supplemental Complaint) by Plaintiff Center for Legal Advocacy (Attachments: # 1 Exhibit 1 (Redlined Second Amended and Supplemental Complaint))(Godfrey, Nicole) (Entered: 10/05/2021)

SUMMONS REQUEST as to Defendant Dean Williams by Plaintiff Center for Legal Advocacy. (Randolph, Aurora) (Entered: 10/05/2021)

Joint MOTION to Amend/Correct/Modify Scheduling Order by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 10/06/2021)

Joint MOTION to Amend/Correct/Modify Protective Order by Defendants Colorado Department of Corrections, Dean Williams. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Woodward, Cole) (Entered: 10/06/2021)

WAIVER OF SERVICE Returned Executed by Center for Legal Advocacy. Dean Williams waiver sent on 10/6/2021, answer due 12/5/2021. (Rovner, Laura) (Entered: 10/07/2021)

NOTICE of Entry of Appearance by Philip Timothy Barrett on behalf of Colorado Department of Corrections, Dean WilliamsAttorney Philip Timothy Barrett added to party Colorado Department of Corrections(pty:dft), Attorney Philip Timothy Barrett added to party Dean Williams(pty:dft) (Barrett, Philip) (Entered: 10/07/2021)

ANSWER to 35 Amended Complaint by Colorado Department of Corrections, Dean Williams.(Barrett, Philip) (Entered: 10/07/2021)

ORDER granting 38 Joint MOTION to Amend/Correct/Modify Scheduling Order. By Judge R. Brooke Jackson on 10/13/2021. Text Only Entry(rbjsec. ) (Entered: 10/13/2021)

ORDER granting 39 Joint MOTION to Amend/Correct/Modify Protective Order. By Judge R. Brooke Jackson on 10/13/2021. Text Only Entry(rbjsec.) (Entered: 10/13/2021)

Order on Motion to Amend/Correct/Modify

STIPULATED AMENDED PROTECTIVE ORDER by Judge R. Brooke Jackson on 10/13/21. (jdyne, ) (Entered: 10/14/2021)

NOTICE of Filing Amended Pleading by Defendants Colorado Department of Corrections, Dean Williams (Attachments: # 1 Exhibit A - Amended Answer to Second Amended Complaint, # 2 Exhibit B - Amended Answer to Second Amended Complaint (REDLINE))(Woodward, Cole) (Entered: 11/12/2021)

MINUTE ORDER re: 46 Notice of Filing Amended Pleading, filed by Dean Williams, Colorado Department of Corrections. The Court accepts the Amended Answer at ECF No. 46-1 for filing and requests that the Clerk of Court's office docket the Amended Answer. By Judge R. Brooke Jackson on 11/15/2021. Text Only Entry (rbjsec.) (Entered: 11/15/2021)

Defendants' AMENDED ANSWER and Affirmative Defenses to 35 Plaintiff's Second Amended and Supplemental Complaint, by Defendants Colorado Department of Corrections, Dean Williams. (Amended Answer filed in this case pursuant to [#47] Minute Order). (sphil, ) (Entered: 11/15/2021)

AMENDED ANSWER to 35 Amended Complaint with Jury Demand by Defendants Colorado Department of Corrections, Dean Williams. (Attachments: # 1 Redline Amended Answer) (Both amended answer filed in this case pursuant to [#50] Order. (sphil, ) (Entered: 12/06/2021)

Minute Order

Joint MOTION to Strike 48 Amended Answer to Complaint, 46 Notice of Filing Amended Pleading, Remove From ECF, And Substitute Documents by Defendants Colorado Department of Corrections, Dean Williams. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Woodward, Cole) (Entered: 11/30/2021)

ORDER granting in part and denying in part 49 Joint MOTION to Strike 48 Amended Answer to Complaint, 46 Notice of Filing Amended Pleading, Remove From ECF, And Substitute Documents. We cannot "remove" the documents, but the Court will restrict public access and order a Level 1 restriction of ECF No. 46-1, 46-2, and 48. The Court requests that the Clerk of Court's Office docket the "replacement" Amended Answer and redlined version of the Amended Answer at ECF Nos. 49-1 and 49-2 with a filing date of 11/15/2021. By Judge R. Brooke Jackson on 12/6/2021. Text Only Entry(rbjsec.) (Entered: 12/06/2021)

Order on Motion to Strike

Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order by Plaintiff Center for Legal Advocacy. (Godfrey, Nicole) (Entered: 12/15/2021)

ORDER granting 52 Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order. Case deadlines are extended as follows: Designation of Affirmative Experts due 1/20/2022; Designation of Rebuttal Experts due 3/10/2022; Discovery due by 3/31/2022; and Dispositive Motions due by 5/16/2022. By Judge R. Brooke Jackson on 12/17/2021. Text Only Entry(rbjsec. ) (Entered: 12/17/2021)

Order on Motion to Amend/Correct/Modify

Unopposed MOTION to Withdraw by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 12/20/2021)

ORDER granting 54 Unopposed MOTION to Withdraw. Attorney Scott Robert Bauer is withdrawn. By Judge R. Brooke Jackson on 1/5/2022. Text Only Entry(rbjsec. ) (Entered: 01/05/2022)

Order on Motion to Withdraw

Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order, 43 Order on Motion to Amend/Correct/Modify, 53 Order on Motion to Amend/Correct/Modify, and Extend Deadline to Respond to Discovery by Plaintiff Center for Legal Advocacy. (Robertson, Amy) (Entered: 01/12/2022)

ORDER granting 56 Unopposed MOTION to Amend/Correct/Modify 25 Scheduling Order, 43 Order on Motion to Amend/Correct/Modify, 53 Order on Motion to Amend/Correct/Modify, and Extend Deadline to Respond to Discovery. The deadline for disclosure of affirmative experts is extended to February 3, 2022. The deadline for plaintiff's to respond to defendants' First Set of Discovery Requests is extended to 2/13/2022. By Judge R. Brooke Jackson on 1/14/2022. Text Only Entry(rbjsec. ) (Entered: 01/14/2022)

Order on Motion to Amend/Correct/Modify

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

Joint MOTION to Stay And Modify Scheduling Order by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 02/01/2022)

ORDER granting 59 Joint MOTION to Stay And Modify Scheduling Order: Case deadlines are extended as follows: Designation of Affirmative Experts due 3/20/2022; Designation of Rebuttal Experts due 4/24/2022; Plaintiffs' Responses to First Set of Discovery Requests due 3/30/2022; Discovery cutoff 5/15/2022; and Dispositive Motions are now due by 6/30/2022. By Judge R. Brooke Jackson on 2/2/2022. Text Only Entry(rbjsec.) (Entered: 02/02/2022)

Order on Motion to Stay

Second MOTION to Stay And Modify Scheduling Order by Defendants Colorado Department of Corrections, Dean Williams. (Woodward, Cole) (Entered: 03/16/2022)

ORDER granting 61 Second MOTION to Stay And Modify Scheduling Order. Case deadlines are extended as follows: Disclosure of affirmative experts to May 11, 2022; Disclosure of rebuttal experts to June 10, 2022; Plaintiffs' responses to Defendant's First Set of Discovery Requests due May 16, 2022; Close of discovery is June 29, 2022; and Dispositive motions are due August 15, 2022. By Judge R. Brooke Jackson on 3/18/2022. Text Only Entry(rbjsec. ) (Entered: 03/18/2022)

Order on Motion to Stay

Joint MOTION to Amend/Correct/Modify 62 Order on Motion to Stay, to Extend Stay, Amend Scheduling Order, and Reset Trial by Plaintiff Center for Legal Advocacy. (Rovner, Laura) (Entered: 04/29/2022)

ORDER granting 63 Joint MOTION to Amend/Correct/Modify 62 Order on Motion to Stay, to Extend Stay, Amend Scheduling Order, and Reset Trial. Case deadlines are extended as follows: Designation of Affirmative Experts due 5/11/2022; Plaintiffs responses to Defendants first set for discovery requests 7/14/2022; Designation of Rebuttal Experts due 8/8/2022; Discovery due by 8/29/2022; and Dispositive Motions due by 10/13/2022. The Trial Preparation Conference set 10/21/2022 and the Trial set 10/31/2022 are vacated. The Court requests that counsel jointly contact Chambers at jackson_chambers@cod.uscourts.gov within 14 days after the 5/17/2022 mediation, if it is unsuccessful, to schedule a new TPC and Trial date. By Judge R. Brooke Jackson on 5/2/2022. Text Only Entry(rbjsec. ) (Entered: 05/02/2022)

Order on Motion to Amend/Correct/Modify

MINUTE ORDER re: 64 Order on Motion to Amend/Correct/Modify. In the order at ECF No. 64, the Court inadvertently listed the new Designation of Affirmative Experts deadline as 5/11/2022. However, the Court intended and now orders that the new Designation of Affirmative Experts deadline is 7/11/2022. By Judge R. Brooke Jackson on 5/3/2022. Text Only Entry (rbjsec.) (Entered: 05/03/2022)

Minute Order

Unopposed MOTION to Withdraw as Attorney - Student Attorneys (A. Goebel, K. Roberts, J. Tuttle, H. Williams) by Plaintiff Center for Legal Advocacy. (Rovner, Laura) (Entered: 05/04/2022)

ORDER granting 66 Unopposed MOTION to Withdraw as Attorney - Student Attorneys (A. Goebel, K. Roberts, J. Tuttle, H. Williams). By Judge R. Brooke Jackson on 5/4/2022. Text Only Entry(rbjsec. ) (Entered: 05/04/2022)

Order on Motion to Withdraw as Attorney

NOTICE of Entry of Appearance by Maria del Pilar Gonzalez Morales on behalf of Center for Legal AdvocacyAttorney Maria del Pilar Gonzalez Morales added to party Center for Legal Advocacy(pty:pla) (Gonzalez Morales, Maria del Pilar) (Entered: 05/19/2022)

MOTION to Withdraw as Attorney by Plaintiff Center for Legal Advocacy. (Lafferty, Martha) (Entered: 06/07/2022)

ORDER granting 69 Motion to Withdraw as Attorney. Attorney Martha M. Lafferty is withdrawn. By Judge R. Brooke Jackson on 6/7/2022. Text Only Entry(rbjsec. ) (Entered: 06/07/2022)

Order on Motion to Withdraw as Attorney

MOTION to Withdraw as Attorney by Plaintiff Center for Legal Advocacy. (Godfrey, Nicole) (Entered: 06/27/2022)

ORDER granting 71 Motion to Withdraw as Attorney. Attorney Nicole Brianne Godfrey is withdrawn. By Judge R. Brooke Jackson on 6/27/2022. Text Only Entry(rbjsec. ) (Entered: 06/27/2022)

Order on Motion to Withdraw as Attorney

Joint MOTION to Dismiss and Request to Retain Jurisdiction to Enforce Settlement Agreement by Plaintiff Center for Legal Advocacy. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 08/09/2022)

1 Proposed Order (PDF Only)

View on PACER

ORDER by Judge R. Brooke Jackson on 8/15/2022, re: 73 Joint MOTION to Dismiss and Request to Retain Jurisdiction to Enforce Settlement Agreement is GRANTED and this action is DISMISSED with prejudice. (sphil, ) (Entered: 08/15/2022)

PETITION to Be Added to This Action as an Exemplar Constituent and/or Similarly Situated Party, filed by Interested Party Howell F. Roberts, III. (jtorr, ) (Entered: 11/09/2022)

ORDER denying 75 Petition. The case was dismissed with prejudice on August 15, 2022. ECF No. 74 . The Court suggests that you contact Amy Robertson, lead counsel for the plaintiff, to see whether there is anything that she or her client might be able to recommend for you. Text Only Entry(rbjlc6, ) (Entered: 11/10/2022)

CERTIFICATE of Service by Mail by Clerk of Court re 76 Order, to Howell F. Roberts, III #90353 at Limon Correctional Facility (LCF) 49030 State Highway 71 P.O. Box 1000 Limon, CO 80826. Text Only Entry (sdunb, ) (Entered: 11/10/2022)

Order on Motion for Order

MOTION to Withdraw as Attorney by Plaintiff Center for Legal Advocacy. (Gonzalez Morales, Maria del Pilar) (Entered: 12/19/2022)

ORDER granting 78 Motion to Withdraw as Attorney. Attorney Maria del Pilar Gonzalez Morales terminated. Text Only Entry(rbjlc6, ) (Entered: 12/20/2022)

Order on Motion to Withdraw as Attorney

MOTION to Withdraw as Attorney by Plaintiff Center for Legal Advocacy. (Randolph, Aurora) (Entered: 07/29/2023)

ORDER granting 80 Motion to Withdraw as Attorney re: Aurora Randolph. By Judge R. Brooke Jackson on 7/31/2023. Text Only Entry(rbjlc6, ) (Entered: 07/31/2023)