A Brighter Day, et al v. Barnes, et al
| DENNIS DESPARROIS, individually and in his official capacity as Placement Services Manager for the Colorado Department of Human Services |
| SUSAN TUCKER, in her official capacity as a 24-HR Monitoring Specialist for the Colorado Department of Human Services, LAURIE BURNEY, indivdually and in her official capacity as Licensing Monitoring Supervisor and Residential and CPA Services Program Supervisor for the Colorado Department of Human Services, REGGIE BICHA, in his official capacity as Executive Director of the Colorado Department of Human Services and MICHELLE BARNES, in her official capacity as Executive Director of the Colorado Department of Human Services |
| KIA SMITH, A BRIGHT DAY, INC., ALONZO SMITH and A BRIGHTER DAY, INC. |
| 20-1054 |
| February 21, 2020 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Docket Report
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This docket was last retrieved on July 6, 2021. A more recent docket listing may be available from PACER.
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[10841343] Mandate issued. [20-1054] [Entered: 07/06/2021 07:15 AM]
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[10836595] Order filed by Judges Lucero, Matheson and Phillips - granting Attorney motion to take judicial notice, granting Attorney motion to take judicial notice, granting Attorney motion to take judicial notice. As contained in the court's final order. Text only entry - no attachment. [20-1054] [Entered: 06/14/2021 10:06 AM]
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[10836597] Affirmed; Terminated on the merits after oral hearing; Written, signed, unpublished. Judges Lucero, Matheson and Phillips (author). Mandate to issue. [20-1054] [Entered: 06/14/2021 10:11 AM]
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[10836787] URL link(s) from court decision attached. [20-1054] [Entered: 06/14/2021 04:05 PM]
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[10785498] Case argued and submitted to Judges Lucero, Matheson and Phillips. Amy Colony argued for the Appellants. Matthew Swindle argued for the Appellees. [20-1054] [Entered: 11/12/2020 01:39 PM]
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[10784113] Response filed by A Brighter Day, Inc., Alonzo Smith and Kia Smith to Defendants-Appellants' Motion for Request to Take Judicial Notice of State Court Pleadings. Served on 11/06/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] MS [Entered: 11/06/2020 07:30 AM]
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[10783181] Motion filed by Appellants Reggie Bicha, Laurie Burney and Susan Tucker to take judicial notice. Served on: 11/02/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 11/02/2020 05:38 PM]
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[10780062] Calendar Acknowledgment Form filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on 10/20/2020. Manner of Service: email. [20-1054] ACC [Entered: 10/20/2020 06:17 PM]
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[10779687] Calendar Acknowledgment Form filed by A Brighter Day, Inc., Alonzo Smith and Kia Smith. Served on 10/20/2020. Manner of Service: email. [20-1054] MS [Entered: 10/20/2020 08:38 AM]
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[10778821] Notice of date and time change for oral argument - Please be advised that this matter has been rescheduled to Thursday, November 12, 2020 at 9:00 A.M. Mountain Time in Courtroom IV. Oral arguments will be heard REMOTELY via video conference using Zoom for Government. COUNSEL WILL NOT REPORT TO THE COURTHOUSE. Arguing counsel must download, complete, and e-file a new oral argument calendar acknowledgment form by Wednesday, October 21, 2020 to confirm the change. [20-1054] [Entered: 10/15/2020 03:10 PM]
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[10775528] Calendar Acknowledgment Form filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on 10/02/2020. Manner of Service: email. [20-1054] ACC [Entered: 10/02/2020 08:41 AM]
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[10772408] Calendar Acknowledgment Form filed by A Brighter Day, Inc., Alonzo Smith and Kia Smith. Served on 09/22/2020. Manner of Service: email. [20-1054] MS [Entered: 09/22/2020 12:50 PM]
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[10771617] Oral argument notice filed. This matter is set for oral argument on 11/18/2020 at 9:00 A.M. Mountain Time in Courtroom IV. Oral arguments in November 2020 will be heard REMOTELY via video conference using Zoom for Government. COUNSEL WILL NOT REPORT TO THE COURTHOUSE. Arguing counsel must carefully review the attached notice. Within 10 days of today's date, arguing counsel must download, complete, and e-file the required oral argument form(s). Counsel for amici parties may not participate in argument without written permission from the court. [20-1054] [Entered: 09/18/2020 01:58 PM]
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[10767231] Paper copies of appellants' reply brief received from Reggie Bicha, Laurie Burney and Susan Tucker. --[Edited 09/02/2020 by SDS to correct party filer] [20-1054] [Entered: 09/02/2020 08:10 AM]
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[10767239] Paper copies of appellants' brief and appendix received from Reggie Bicha, Laurie Burney and Susan Tucker. [20-1054] [Entered: 09/02/2020 08:21 AM]
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[10767248] Paper copies of appellees brief received from A Brighter Day, Inc., Alonzo Smith and Kia Smith. [20-1054] [Entered: 09/02/2020 08:32 AM]
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[10765639] Minute order filed by Clerk of the Court - notwithstanding any prior order indicating that paper copes are not required, the parties shall provide the court with paper copies of any brief or appendix that was electronically filed between March 16, 2020 and June 30, 2020. The court requires seven paper copies of briefs and one paper copy of appendices. All paper copies must be an exact replica of the electronic filing. Paper copies due 09/01/2020 by A Brighter Day, Inc., Reggie Bicha, Laurie Burney, Alonzo Smith, Kia Smith and Susan Tucker. Served on 08/26/2020. Text only entry - no attachment. [20-1054] [Entered: 08/26/2020 11:09 AM]
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[10762283] Paper copies of appellants' reply brief received from Reggie Bicha, Laurie Burney and Susan Tucker. [20-1054] [Entered: 08/12/2020 09:12 AM]
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[10761532] Order filed by Clerk of the Court referring appellees' response to second motion for request to take judicial notice of state court pleadings [ # 10761463-2 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 08/10/2020. Text only entry - no attachment. [20-1054] [Entered: 08/10/2020 08:43 AM]
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[10761463] Response filed by A Brighter Day, Inc., Alonzo Smith and Kia Smith to Defendants-Appellants' Second Motion for Request to Take Judicial Notice of State Court Pleadings. Served on 08/07/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] MS [Entered: 08/07/2020 08:23 PM]
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[10760079] Order filed by Clerk of the Court referring Defendants-Appellants' Second Motion for Request to Take Judicial Notice of State Court Pleadings to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time) [ # 10759599-2 ] . Served on 08/04/2020. [20-1054] [Entered: 08/04/2020 07:21 AM]
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[10759636] Minute order filed - the reply brief submitted by appellant is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies of appellants reply brief due 08/10/2020 by Reggie Bicha, Laurie Burney and Susan Tucker. (Text Only - No Attachment) [20-1054] [Entered: 08/03/2020 07:57 AM]
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[10759597] Appellant/Petitioner's reply brief filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on 07/31/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 07/31/2020 06:33 PM]
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[10759599] Motion filed by Appellants Reggie Bicha, Laurie Burney and Susan Tucker to take judicial notice. Served on: 07/31/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 07/31/2020 10:04 PM]
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[10757331] Motion filed by Appellants Reggie Bicha, Laurie Burney and Susan Tucker to extend time to file a reply brief until 07/31/2020. Served on: 07/22/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 07/22/2020 03:16 PM]
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[10757363] Order filed at the direction of the Court granting appellants' second motion to extend time to file appellants reply brief. ( 7 days) Appellants optional reply brief now due 07/31/2020 for Laurie Burney, Susan Tucker and Reggie Bicha. Served on 07/22/2020. [20-1054] [Entered: 07/22/2020 03:58 PM]
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[10753851] Order filed by Clerk of the Court granting appellants' motion to extend time to file reply brief (9 days). Appellant's reply brief is now due 07/24/2020 for Laurie Burney, Susan Tucker, and Reggie Bicha. Served on 07/10/2020. Text only entry - no attachment. [20-1054] [Entered: 07/10/2020 07:02 AM]
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[10753844] Motion filed by Appellants Reggie Bicha, Laurie Burney and Susan Tucker to extend time to file a reply brief until 07/24/2020. Served on: 07/09/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 07/09/2020 07:17 PM]
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[10749916] Minute order filed - the brief submitted by appellee is accepted for filing. Per the Court's General Order of March 16, 2020, paper copies are not required at this time. Parties may be directed to file paper copies at a later date. Appellant's optional reply brief now due 07/15/2020 for Laurie Burney, Susan Tucker and Reggie Bicha. (Text Only - No Attachment) [20-1054] [Entered: 06/25/2020 09:27 AM]
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[10749799] Appellee/Respondent's brief filed by A Brighter Day, Inc., Alonzo Smith and Kia Smith. Served on: 06/24/2020. Manner of service: email. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] MS [Entered: 06/24/2020 04:31 PM]
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[10743636] Minute order filed - the brief and appendix submitted by appellants is accepted for filing. Per the Court's General Order of March 16, 2020, paper copies are not required at this time. Parties may be directed to file paper copies at a later date. Appellee/Respondent brief now due 06/29/2020 for Alonzo Smith, Kia Smith and A Brighter Day, Inc. (Text Only - No Attachment) [20-1054] [Entered: 05/29/2020 09:28 AM]
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[10743586] Appellant/Petitioner's brief filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on 05/28/2020 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 05/28/2020 05:50 PM]
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[10743587] Appellant's appendix filed by Reggie Bicha, Laurie Burney and Susan Tucker. Total number of volumes filed: 1. Served on 05/28/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. --[Edited 05/29/2020 by SDS to remove duplicate pdf from entry] [20-1054] ACC [Entered: 05/28/2020 05:53 PM]
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[10742132] Notice of appellant's deficient brief and appendix received from Reggie Bicha, Laurie Burney and Susan Tucker. Type of deficiencies for brief: Missing oral argument statement on front cover of brief. Type of deficiencies for appendix: Missing a certificate of service. See attached letter for specifics. Appellants' brief and appendix due on 05/29/2020 for Reggie Bicha, Laurie Burney and Susan Tucker. [20-1054] [Entered: 05/22/2020 09:53 AM]
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This entry has been removed from the docket. Corrected brief filed 05/28/2020. [sds] [10741945] Appellant/Petitioner's brief filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on 05/21/2020 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 05/21/2020 02:37 PM]
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[10741292] Motion filed by Appellants Reggie Bicha, Laurie Burney and Susan Tucker to file corrected/substitute brief. Served on: 05/19/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 05/19/2020 12:54 PM]
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[10741345] Order filed by Clerk of the Court granting appellants' motion to file corrected/substitute brief. Appellants' brief (and corrected appendix, if necessary) due on 05/21/2020 for Reggie Bicha, Laurie Burney, and Susan Tucker. The deadline for Appellee's brief is stricken, and will be reset once the appellants' corrected brief is filed. See attached order for further information. Served on 05/19/2020.--[Edited 05/19/2020 by LAB to correct parenthetical with the word appendix.] [20-1054] [Entered: 05/19/2020 02:41 PM]
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[10740658] Order filed by Clerk of the Court referring Appellants' Motion for Request to Take Judicial Notice of State Court Proceedings and any response filed to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time) [ # 10740539-2 ]. Served on 05/15/2020. [20-1054] [Entered: 05/15/2020 11:13 AM]
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[10740546] Minute order filed - the brief and appendix submitted by appellant is accepted for filing. Per the Court's General Order of March 16, 2020, paper copies are not required at this time. Parties may be directed to file paper copies at a later date. Appellees' brief now due 06/15/2020 for Alonzo Smith, Kia Smith and A Brighter Day, Inc.. (Text Only - No Attachment) [20-1054] [Entered: 05/15/2020 07:10 AM]
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This entry has been removed from the docket. Corrected brief filed 05/28/2020. [sds] [10740536] Appellant/Petitioner's brief filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on 05/14/2020 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 05/14/2020 07:22 PM]
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This entry has been removed from the docket. Corrected appendix filed 05/28/2020. [sds] [10740537] Appellant's appendix filed by Reggie Bicha, Laurie Burney and Susan Tucker. Total number of volumes filed: 1. Served on 05/14/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 05/14/2020 07:26 PM]
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[10740539] Motion filed by Appellants Reggie Bicha, Laurie Burney and Susan Tucker to take judicial notice. Served on: 05/14/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 05/14/2020 07:41 PM]
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[10732008] Motion filed by Appellants Reggie Bicha, Laurie Burney and Susan Tucker to extend time to file appellant/petitioner's brief until 05/14/2020. Served on: 04/09/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1054] ACC [Entered: 04/09/2020 04:23 PM]
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[10732022] Order filed by Clerk of the Court granting appellant's motion to extend time to file apet brief. Appellant's brief and appendix due on 05/14/2020 for Reggie Bicha, Laurie Burney and Susan Tucker. No further extensions of time will be granted on the clerk's authority. Served on 04/09/2020. Text only entry - no attachment. [20-1054] [Entered: 04/09/2020 04:42 PM]
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[10724177] Entry of appearance filed by Matthew Swindle and Ms. Heather G. Zachary for Kia Smith, Alonzo Smith and A Brighter Day, Inc.. CERT. OF INTERESTED PARTIES: n. Served on 03/10/2020. Manner of Service: email [20-1054] [Entered: 03/10/2020 12:24 PM]
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[10724174] Entry of appearance submitted by Heather G. Zachary and Matthew D. Swindle for Appellees A Brighter Day, Inc., Alonzo Smith and Kia Smith for court review. Certificate of Interested Parties: No. Served on 03/06/2020. Manner of Service: email. [20-1054]--[Edited 03/10/2020 by LG to remove PDF from entry, as pleading was filed on 3/10/2020] RF [Entered: 03/10/2020 12:20 PM]
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[10723321] Entry of appearance submitted by Brent L. Moss, Robert W. Francis, John V. O'Grady for Appellee A Brighter Day, Inc. for court review. Certificate of Interested Parties: No. Served on 03/06/2020. Manner of Service: email. --[Edited 03/06/2020 by SDS to remove pdf from entry as the pleading has been filed] [20-1054] BLM [Entered: 03/06/2020 11:32 AM]
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[10723376] Entry of appearance filed by Robert Francis, Mr. Brent Lee Moss and Mr. John Vanker O'Grady for A Brighter Day, Inc., Alonzo Smith and Kia Smith. CERT. OF INTERESTED PARTIES: n. Served on 03/06/2020. Manner of Service: email. [20-1054] [Entered: 03/06/2020 12:34 PM]
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[10722996] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 03/18/2020 at 2:00 pm (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [20-1054] [Entered: 03/05/2020 02:51 PM]
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[10722906] Filed notice record is complete. Served on 03/05/2020. Appellants' brief and appendix due on 04/14/2020 for Reggie Bicha, Laurie Burney and Susan Tucker. Text only-no attachment. [20-1054] [Entered: 03/05/2020 01:30 PM]
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[10722585] Docketing statement filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on 03/04/2020. Manner of Service: email. [20-1054] ACC [Entered: 03/04/2020 02:07 PM]
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[10722583] Entry of appearance submitted by Amy C. Colony for Appellants Reggie Bicha, Laurie Burney and Susan Tucker for court review. Certificate of Interested Parties: No. Served on 03/04/2020. Manner of Service: email.--[Edited 03/04/2020 by LAB to remove PDF from entry as pleading was filed 3/4/2020.] [20-1054] ACC [Entered: 03/04/2020 02:05 PM]
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[10722579] Entry of appearance submitted by Kathleen L. Spalding for Appellants Reggie Bicha, Laurie Burney and Susan Tucker for court review. Certificate of Interested Parties: Yes. Served on 03/04/2020. Manner of Service: email.--[Edited 03/04/2020 by LAB to remove PDF from entry as pleading was filed 3/4/2020.] [20-1054] KS [Entered: 03/04/2020 02:02 PM]
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[10722587] Entry of appearance filed by Ms. Kathleen Spalding for Reggie Bicha, Susan Tucker, and Laurie Burney. CERT. OF INTERESTED PARTIES: n. Served on 03/04/2020. Manner of Service: email. [20-1054] [Entered: 03/04/2020 02:11 PM]
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[10722591] Entry of appearance filed by Ms. Amy Christine Colony for Reggie Bicha, Susan Tucker, and Laurie Burney. CERT. OF INTERESTED PARTIES: n. Served on 03/04/2020. Manner of Service: email. [20-1054] [Entered: 03/04/2020 02:14 PM]
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[10722598] Minute order filed - Notice due that record is complete by 03/11/2020 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [20-1054] [Entered: 03/04/2020 02:27 PM]
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[10722593] Notice that a transcript is not necessary filed by Reggie Bicha, Laurie Burney and Susan Tucker. Served on: 03/04/2020. Manner of Service: email. [20-1054]--[Edited 03/04/2020 by LG to correct event code] ACC [Entered: 03/04/2020 02:21 PM]
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[10719419] Civil case docketed. Preliminary record filed. DATE RECEIVED: 02/21/2020 Docketing statement due 03/06/2020 for Reggie Bicha, Laurie Burney, and Susan Tucker. Transcript order form due 03/06/2020 for Reggie Bicha, Laurie Burney, and Susan Tucker. Notice of appearance due on 03/06/2020 for A Bright Day, Inc., Reggie Bicha, Laurie Burney, Alonzo Smith, Kia Smith, and Susan Tucker. [20-1054] [Entered: 02/21/2020 10:31 AM]
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| Search for this case: A Brighter Day, et al v. Barnes, et al | |
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| Defendant / appellant: SUSAN TUCKER, in her official capacity as a 24-HR Monitoring Specialist for the Colorado Department of Human Services | |
| Represented By: | Amy Christine Colony |
| Represented By: | Kathleen Spalding |
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| Defendant / appellant: LAURIE BURNEY, indivdually and in her official capacity as Licensing Monitoring Supervisor and Residential and CPA Services Program Supervisor for the Colorado Department of Human Services | |
| Represented By: | Amy Christine Colony |
| Represented By: | Kathleen Spalding |
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| Defendant / appellant: REGGIE BICHA, in his official capacity as Executive Director of the Colorado Department of Human Services | |
| Represented By: | Amy Christine Colony |
| Represented By: | Kathleen Spalding |
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| Defendant / appellant: MICHELLE BARNES, in her official capacity as Executive Director of the Colorado Department of Human Services | |
| Represented By: | Amy Christine Colony |
| Represented By: | Kathleen Spalding |
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| Plaintiff / appellee: KIA SMITH | |
| Represented By: | John Vanker O'Grady |
| Represented By: | Brent Lee Moss |
| Represented By: | Matthew Swindle |
| Represented By: | Heather G. Zachary |
| Represented By: | Robert Francis |
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| Plaintiff / appellee: A BRIGHT DAY, INC. | |
| Represented By: | John Vanker O'Grady |
| Represented By: | Brent Lee Moss |
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| Plaintiff / appellee: ALONZO SMITH | |
| Represented By: | John Vanker O'Grady |
| Represented By: | Brent Lee Moss |
| Represented By: | Matthew Swindle |
| Represented By: | Heather G. Zachary |
| Represented By: | Robert Francis |
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| Plaintiff / appellee: A BRIGHTER DAY, INC. | |
| Represented By: | John Vanker O'Grady |
| Represented By: | Brent Lee Moss |
| Represented By: | Matthew Swindle |
| Represented By: | Heather G. Zachary |
| Represented By: | Robert Francis |
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| Defendant: DENNIS DESPARROIS, individually and in his official capacity as Placement Services Manager for the Colorado Department of Human Services | |
| Represented By: | Amy Christine Colony |
| Represented By: | Kathleen Spalding |
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