Montez, et al v. Romer, et al
Case Number: 1:1992cv00870
Filed: May 5, 1992
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Edward W. Nottingham
Presiding Judge: O. Edward Schlatter
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant
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Date Filed Document Text
July 19, 2018 Opinion or Order Filing 5619 ORDER Denying 5612 Motion to Reconsider. By Judge Christine M. Arguello on 07/19/2018. (athom, )
May 15, 2018 Opinion or Order Filing 5604 ORDER Denying the Parties' Motion for Fairness Hearing, Approving the Parties' Agreement, and Resolving All Remaining Issues in this Case. The Parties' Motion for a Fairness Hearing (Doc. # 5602 ) is DENIED. In accordance with Sec tion XXXI of the Plan, the Court hereby APPROVES the Parties' proposed agreement, attached as Exhibit A, (Doc. # 5602-1) and ORDERS as follows: The agreement serves as the final resolution to all pending matters in thiscase; The Compliance and Monitoring Periods have hereby expired, the Remedial Plan is no longer in effect, no proceedings or further monitoring of the DOC's compliance will occur, and no further compliance objections may be lodged; In accordance with § XXXVI.B of the Plan, the Court HEREBY DISMISSES this case WITH PREJUDICE. By Judge Christine M. Arguello on 05/15/2018. (athom, )
May 5, 2015 Opinion or Order Filing 5523 ORDER denying 5522 Motion for Temporary Preliminary Injunction/Restraining Order Immediate Help Requested. The Court will summarily strike any future filings by Ms. Freeman in this action. By Judge Christine M. Arguello on 05/05/2015. (athom, )
April 21, 2015 Opinion or Order Filing 5518 ORDER. Mr. Hackborn's Motion to Force Action on Montez Ruling of Montez Claim X-285 (Doc. # 5510 ) is DENIED. The Court will summarily strike any future filings by Mr. Hackborn in this action. By Judge Christine M. Arguello on 04/21/2015. (athom, ) Modified on 4/22/2015 to correct text (athom, ).
October 30, 2014 Opinion or Order Filing 5492 ORDER granting 5491 Motion for Order. The Clerk of the Court is authorized and directed to release to Edward T. Ramey, Jill Coits counsel in Civil Action No. 12-cv-00609-WYD-MJW, copies of all requested exhibits submitted by Ms. Coit in connection with Special Master proceedings (Claim No. 03-129) in this case. By Judge Christine M. Arguello on 10/30/2014. (athom, )
September 8, 2014 Opinion or Order Filing 5484 ORDER granting in part and denying in part 5407 Motion to Compel; granting in part and denying in part 5462 Motion to Compel; denying as moot 5466 Motion for Extension of Time to File Response/Reply; denying as moot 5483 Motion for Extension of Time to File Response/Reply. Defendants shall produce, if they have not already, discovery consistent with this Order on or before 10/8/2014. By Judge Christine M. Arguello on 09/08/2014. (athom, )
December 18, 2013 Opinion or Order Filing 5456 ORDER accepting the resignation of Special Master Richard M. Borchers by Judge Christine M. Arguello on 12/18/13. (dkals, )
December 13, 2013 Opinion or Order Filing 5455 ORDER denying 5383 Letter, as to Keith A. Schwinaman, by Judge Christine M. Arguello on 12/13/13.(dkals, )
September 26, 2013 Opinion or Order Filing 5431 ORDER Rejects 5132 the Special Masters August 5, 2011 Report and Recommendations. The Court FURTHER ORDERS that Claimants claims are dismissed in their entirety. Any future filings by Claimant in this action will be stricken, by Judge Christine M. Arguello on 9/16/2013.(ervsl, )
September 24, 2013 Opinion or Order Filing 5423 ORDER denying 5394 Objection Motion for the Montez, as to Robert Blanchard, #X-563, by Judge Christine M. Arguello on 9/24/13.(dkals, )
September 19, 2013 Opinion or Order Filing 5414 ORDER on Continuing Jurisdiction by Judge Christine M. Arguello on 9/19/13. (dkals, )
September 11, 2013 Opinion or Order Filing 5410 ORDER Compelling Response as to Keith A. Schwinaman by Judge Christine M. Arguello on 9/11/13. (dkals, )
August 19, 2013 Opinion or Order Filing 5406 Final Report of Special Master by Special Master Richard M. Borchers on 8/19/13. (dkals, )
July 3, 2013 Opinion or Order Filing 5388 ORDER Adopting and Affirming 5100 Report and Recommendations as to Raymond Goodloe, #03-445, by Judge Christine M. Arguello on 7/3/13.(dkals, )
July 1, 2013 Opinion or Order Filing 5387 ORDER of Special Master as to Miguel A. Rodriguez Cruz, #X-449, by Special Master Richard M. Borchers on 7/1/13. (dkals, )
February 28, 2013 Opinion or Order Filing 5365 ORDER of Special Master as to Matthew Mounts, #03-211, by Special Master Richard M. Borchers on 2/28/13. (dkals, )
February 20, 2013 Opinion or Order Filing 5363 ORDER of Special Master as to Ben Padilla, #03-038 by Special Master Richard M. Borchers on 2/20/13. (dkals, )
February 11, 2013 Opinion or Order Filing 5362 ORDER of Special Master as to Paul Inman, #01-003, James Rudnick, #01-092, Robert Jones, #02-204, Fernando Ramirez, #02-266, Ben Padilla, #03-038, Steven Walker, #03-051, Verlyn Bald Eagle, #03-097, Byron Cortez, #03-114, Kevin Mark Bretz, #03-138, Gerald Sensabaugh, #03-146, Marty Bueno, #03-334, Keith Schwinaman, #03-335, Lee Filipiak, #03-357, Donald Revere, #03-412, James Wylie, #03-430, and Raymond Goodloe, #03-445 by Special Master Richard M. Borchers on 2/11/13. (dkals, )
February 4, 2013 Opinion or Order Filing 5361 ORDER of Special Master referring 5360 OBJECTION by Interested Party Lawrence William Fitzgerald, #01-076, to Judge Arguello, by Special Master Richard M. Borchers on 2/4/13. (dkals, )
January 28, 2013 Opinion or Order Filing 5351 ORDER of Special Master re: 5346 Judicial Notice filed by Ronald L. Cordova, #03-377, by Special Master Richard M. Borchers on 1/28/13. (dkals, )
January 23, 2013 Opinion or Order Filing 5344 ORDER granting 5342 Forty-Sixth Application for Payment of Fees and Costs by Judge Christine M. Arguello on 1/23/13.(dkals, )
January 16, 2013 Opinion or Order Filing 5343 ORDER of Special Master re: letter by Lester Nortonsen, #03-180, by Special Master Richard M. Borchers on 1/16/13. (dkals, )
December 10, 2012 Opinion or Order Filing 5338 ORDER of Special Master denying motion for writ of habeas corpus by Jose Perez Soto #X-343, by Special Master Richard M. Borchers on 12/10/12. (dkals, )
November 14, 2012 Opinion or Order Filing 5335 ORDER of Special Master denying 5334 Motion for the Court's Latest Orders & Deadlines as to Julius Caesar Herrera, Jr., #X-228, by Special Master Richard M. Borchers on 11/14/12.(dkals, )
October 24, 2012 Opinion or Order Filing 5326 ORDER of Special Master referring 5323 Letter, from Keith Schwinaman, #03-335, to Judge Arguello by Special Master Richard M. Borchers on 10/24/12. (dkals, )
September 11, 2012 Opinion or Order Filing 5314 Findings of Fact and Conclusions of Law re Phase I Of Class Action Settlement 441 - Whether Defendants Have Substantially Complied with Montez Remedial Plan. I direct the Clerk of the Court to return this case for all purposes to the judge to whom it was originally assigned, by Judge John L. Kane on 9/11/12. (sgrim)
September 5, 2012 Opinion or Order Filing 5313 ORDER of Special Master re: Claimant Albert Joel Abeyta (Claim No. 03-438). ORDERED that the letter of Albert Joel Abeyta, being treated as new claim and motion, is dismissed; and IT IS FURTHER ORDERED that Claimant, Defendants and class counsel a re advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2), but said objection must be filed with the Clerk of the United States District Court, 901 19th Street, Denver, CO 80294 on or before October 29, 2012, by Special Master Richard M. Borchers on 9/5/12. (sgrim)
August 6, 2012 Opinion or Order Filing 5299 AMENDED ORDER of Special Master re: Claimant Eldrige Griffith (Claim No. 03-479). Claimant's Objection to the Final Order of the Special Master 5298 will be forwarded to the clerk's office by Special Master Richard M. Borchers on 8/6/12. (sgrim)
July 30, 2012 Opinion or Order Filing 5296 ORDER of Special Master re: Claimant Lawrence Fitzgerald (Claim No. 01-076). Claimant shall advise the Special Master exactly what he is requesting, by Special Master Richard M. Borchers on 7/30/12. (sgrim)
July 2, 2012 Opinion or Order Filing 5290 ORDER OF SPECIAL MASTER Re: Claimant Eldridge Griffin (Claim No. 03-479). Claimant's Motion for Extension of Time in which to file an objection to the Special Master's order is granted up to and including September 17, 2012. By Richard M. Borchers Special Master on 7/2/12. (mjgsl, )
June 4, 2012 Opinion or Order Filing 5284 ORDER OF SPECIAL MASTER Re: Claimant James Rudnick (Claim No. 01-092). Claimant's motion for appointment of counsel is denied, by Special Master Richard M. Borchers on 06/04/2012. (wjcsl, )
May 21, 2012 Opinion or Order Filing 5281 ORDER OF DISMISSAL OF SPECIAL MASTER Re: James M. Bertolo (Claim No. X-370). The letter of 05/05/2012 of James M. Bertolo, being treated as a pro se motion, is dismissed. A copy of Claimant's letter will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 07/16/2012, by Special Master Richard M. Borchers on 05/21/2012. (wjcsl, )
May 7, 2012 Opinion or Order Filing 5279 FINAL ORDER OF SPECIAL MASTER Re: Claimant Eldridge Griffin (Claim No. 03-479). The claim of Eldridge Griffin is dismissed, as he has failed to establish each of the criteria set forth in Judge Kane's order of 03/23/2010. Claimant and Defendants are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 08/06/2012, by Special Master Richard M. Borchers on 05/07/2012. (wjcsl, )
April 30, 2012 Opinion or Order Filing 5277 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Maitise Crews (Claim No. X-560). The letter of Maitise Crews, being treated as new claim, is dismissed, as the claim was not filed on or before 04/30/2010 and Claimant has not alleged that he was dis abled on or before 08/27/2003. A copy of Claimant's letter will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 07/16/2012, by Special Master Richard M. Borchers on 04/30/2012. (wjcsl, )
April 24, 2012 Opinion or Order Filing 5272 ORDER OF SPECIAL MASTER Re: Claimant John Garcia (Claim No. X-326). The letter of John Garcia, being treated as new claim or pro se motion, is dismissed, as the Claimant came into DOC custody after 08/27/2003. A copy of Claimant's letter will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53 g)(2), but said objection must be filed with the Clerk of the United States District Court on or before 06/11/2012, by Special Master Richard M. Borchers on 04/23/2012. (wjcsl, )
April 23, 2012 Opinion or Order Filing 5273 ORDER OF SPECIAL MASTER Re: Claimant Kevin Mark Bretz (Claim No. 03-138). Claimant's 5271 Motion for Objection and Set Hearing is denied and no further action will be taken on it. Claimant and Defendants are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53 (g)(2), but said objection must be filed with the Clerk of the United States District Court, on or before 06/04/2012, by Special Master Richard M. Borchers on 04/23/2012. (wjcsl, )
April 9, 2012 Opinion or Order Filing 5268 ORDER OF SPECIAL MASTER re: Claimant James Rudnick (Claim No. 01-092) Re: 5264 Motion for Enlargement of Time, Claimant and Defendants are granted up to and including 05/29/2012 in which to file objections to the 5245 Report and Recommendation of the Special Master. Claimant's 5263 request for hearing transcripts will be held in abeyance, by Special Master Richard M. Borchers on 04/09/2012. (wjcsl, )
April 2, 2012 Opinion or Order Filing 5260 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Arnold A. Cary (Claim No. X-558). The letter of Arnold Cary, being treated as a pro se motion, is dismissed, for lack of jurisdiction. A copy of Claimant's letter will be provided to class cou nsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 06/11/2012, by Special Master Richard M. Borchers on 04/02/2012. (wjcsl, )
March 26, 2012 Opinion or Order Filing 5255 ORDER of Special Master re: Claim No. 03-183. Claimant Kevin Mark Bretz's letter received 3/20/12 is treated as a motion and is denied for lack of jurisdiction. Objections may be filed to this order on or before 4/26/12, by Special Master Richard M. Borchers on 3/26/12. (gmssl, )
March 12, 2012 Opinion or Order Filing 5253 ORDER OF SPECIAL MASTER Re: Claimant Barbara Freeman (Claim No. 03-105). The motion of Claimant is dismissed for lack of jurisdiction. A copy of Claimant's motion will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 05/29/2012, by Special Master Richard M. Borchers on 03/12/2012. (wjc, )
March 5, 2012 Opinion or Order Filing 5250 ORDER OF SPECIAL MASTER Re: Claimant Eldridge Griffin (Claim No. 03-479). The case shall remain open until 04/30/2012 and both sides may submit additional documents for consideration. Defendants are granted up to and including 03/19/2012 in which to respond to Claimant's motion, by Special Master Richard M. Borchers on 03/05/2012. (wjc, )
February 13, 2012 Opinion or Order Filing 5247 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Jose S. Giron (Claim No. X-557). The letter of Jose S. Giron, being treated as new claim or pro se motion, is dismissed, as the claim was not filed on or before 04/30/2010 and Claimant was not in DOC custody on or before 08/27/2003. A copy of Claimant's letter will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53 (g)(2) on or before 04/23/2012, by Special Master Richard M. Borchers on 02/13/2012. (wjc, )
February 7, 2012 Opinion or Order Filing 5243 ORDER OF SPECIAL MASTER Re: Claimant Robert Griego (Claim No. 01-103). No further action can be taken by the Special Master on Claimant's letter, by Special Master Richard M. Borchers on 02/07/2012. (wjc, )
January 18, 2012 Opinion or Order Filing 5241 ORDER of Special Master. Claimant Lawrence Fitzgerald's (Claim No. 01-076) motion for a copy of the original settlement agreement is granted and he will be provided a copy of the Remedial Plan, by Special Master Richard M. Borchers on 1/18/12. (gmssl, ) Modified on 1/18/2012 to add the claim no. (gmssl, ).
January 16, 2012 Opinion or Order Filing 5242 ORDER Claimant Richard Trujillo's (Claim No. 03-504) motion for extension of time to object to the final order of 10/13/11 is granted up to and including 3/5/12, by Special Master Richard M. Borchers on 1/16/12. (gmssl, )
January 4, 2012 Opinion or Order Filing 5239 ORDER OF SPECIAL MASTER Re: Claimant Rodney Zimmerman (Claim No. 03-457). The letter of Claimant will be forwarded to class counsel for such as is deemed appropriate, by Special Master Richard M. Borchers on 01/04/2012. (wjc, )
December 28, 2011 Opinion or Order Filing 5236 ORDER OF SPECIAL MASTER Re: Claimant Shawn M. Winkler (Claim No. 03-140). Defendants are granted up to and including 02/07/2012 in which to respond to the 5229 objection of Claimant and anticipated objection of class counsel, by Special Master Richard M. Borchers on 12/28/2011. (wjc, )
December 14, 2011 Opinion or Order Filing 5225 ORDER OF SPECIAL MASTER Re: Claimant Richard Chavez (Claim No. X-552). Defendants are granted up to and including 01/09/2012 in which to file a response to the 5192 objection of Claimant, by Special Master Richard M. Borchers on 12/14/2011. (wjc, )
December 7, 2011 Opinion or Order Filing 5219 ORDER OF SPECIAL MASTER Re: Claimant Jose Perez Soto (Claim No. X-343). The letter of Jose Perez Soto, being treated as new claim or pro se motion, is dismissed, as the claim was not filed on or before 04/30/2010. A copy of Claimant's letter w ill be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2), but said objection must be filed with the Clerk of the United States District Court on or before 01/30/2012, by Special Master Richard M. Borchers on 12/07/2011. (wjc, )
November 16, 2011 Opinion or Order Filing 5212 ORDER OF SPECIAL MASTER Re: Claimant Michael K. Tivis (Claim No. 03-276). Claimant's letter, being treated as a motion for accommodations, is denied for lack of jurisdiction. A copy of Claimant's letter will be provided to class counsel fo r such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 01/23/2012, by Special Master Richard M. Borchers on 11/16/2011. (wjc, )
November 9, 2011 Opinion or Order Filing 5208 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant David A. McNeill (Claim No. X-556). The letter of David A. McNeill, being treated as new claim or pro se motion, is dismissed, as the claim was not filed on or before 04/30/2010 and Claimant was not in DOC custody on or before 08/27/2003. A copy of Claimant's letter will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53 (g)(2) on or before 01/30/2012, by Special Master Richard M. Borchers on 11/09/2011. (wjc, )
October 31, 2011 Opinion or Order Filing 5198 ORDER OF SPECIAL MASTER Re: Claimant Richard Chavez (Claim No. X-552). Before the Special Master on 5195 Defendants motion for extension of time. The motion will be granted. Defendants are granted up to and including twenty days after class counsel files any objection to the final order of the Special Master, by Special Master Richard M. Borchers on 10/31/2011. (wjc, )
October 21, 2011 Opinion or Order Filing 5191 ORDER OF SPECIAL MASTER Re: Claimant Richard Chavez (Claim No. X-552). The objection of Claimant is accepted for filing and will be forwarded to Judge Kane, by Special Master Richard M. Borchers on 10/19/2011. (wjc, )
October 4, 2011 Opinion or Order Filing 5182 ORDER. The 5159 Special Master's Forty Second Application for Payment of Fees and Costs us approved in the amount of $26, 937.27. The State of Colorado shall pay the amount ordered to Legal Resolution Center, employer of Richard M. Borchers, by Judge John L. Kane on 10/04/2011.(wjc, )
September 15, 2011 Opinion or Order Filing 5163 ORDER OF SPECIAL MASTER Re: Claimant Keith A. Morris (Claim No. 03-485). The motion of class counsel requesting additional time in which to file an objection will be granted. Claimant and class counsel are granted up to and including 10/17/2011 to file an objection to the 5141 Final Order, by Special Master Richard M. Borchers on 09/15/2011. (wjc, )
September 9, 2011 Opinion or Order Filing 5153 ORDER denying 4973 Motion for Reconsideration of Order Denying Objection/Appeal of Final Order of Special Master Re: Claimant Shawn M. Winkler (Claim No. 03-143), by Judge John L. Kane on 09/09/2011.(wjc, )
April 22, 2011 Opinion or Order Filing 5038 FINAL ORDER OF SPECIAL MASTER Re: Claimant Wayne Brunsilius (Claim No. 03-491).The claim of Wayne Brunsilius is dismissed, as he has failed to establish each of the criteria set forth in Judge Kane's order of 03/23/2010. Claimant and Defendants are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 07/18/2011, by Special Master Richard M. Borchers on 04/22/2011. (wjc, )
March 16, 2011 Opinion or Order Filing 5003 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Rodney Harless (Claim No. X-455). The claim of Rodney Harless is dismissed, as Claimant has not established that he was the victim of discrimination on or before 08/27/2003 and has not established th at he was disabled, as defined by the Remedial Plan, on or before that date. A copy of Claimant's claim will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendant and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 03/07/2011, by Special Master Richard M. Borchers on 12/17/2010. (wjc, )
February 3, 2011 Opinion or Order Filing 4968 MINUTE ORDER denying 4709 Motion to the Court to Let Me Know the Numbers of the Filings I Submitted to the Court During the Last Months, by Judge John L. Kane on 02/03/2011.(wjc, )
January 19, 2011 Opinion or Order Filing 4960 ORDER Re: 4893 Report and Recommendation of Special Master. See Order for details. Class members alleging new instances of disability discrimination or deliberate indifference to serious medical needs must proceed, as any other inmate whose disabi lity-related claims arose after August 2003, in a separate and independent pro se action. The Special Master retains jurisdiction to receive and consider motions by individual Montez Class members, but only to the extent necessary to make the described recommendation(s), by Judge John L. Kane on 01/19/2011.(wjc, )
January 14, 2011 Opinion or Order Filing 4958 ORDER OF SPECIAL MASTER re: Claimant Lawrence Fitzgerald (Claim No. 01-076) and 4954 Motion for Extension of Time. Claimant is granted up to and including 03/14/2011 to file a motion for reconsideration, by Special Master Richard M. Borchers on 01/14/2011. (wjc, )
January 7, 2011 Opinion or Order Filing 4959 AMENDED 4949 ORDER OF SPECIAL MASTER Re: Claimant Sean Pearce (Claim No. 03-264). The motion to re-open the claim of Sean Pearce is denied. A copy of Claimants claim will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 03/28/2011, by Special Master Richard M. Borchers on 01/07/2011. (wjc, )
January 5, 2011 Opinion or Order Filing 4944 MINUTE ORDER granting in all respects 4919 Defendant's Motion to Correct Courtroom Minutes to Reflect the Transcript and to Renew Their Offer to Admit Exhibits M-12 and N-12 Into Evidence, by Judge John L. Kane on 01/05/2011.(wjc, )
December 23, 2010 Opinion or Order Filing 4943 Final ORDER of Special Master. Letter of Reynaldo Villa (Claim #X-264) is treated as a motion and is denied for lack of jurisdiction. Parties may file an objection on or before 3/28/11, by Special Master Richard M. Borchers on 12/23/10. (gmssl, )
December 17, 2010 Opinion or Order Filing 4941 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Celestino Quintana (Claim No. X-480). The claim of Celestino Quintana is dismissed, as Claimant has not established that he was the victim of discrimination on or before 08/27/2003 and has not establ ished that he was disabled, as defined by the Remedial Plan, on or before that date. A copy of Claimant's claim will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 03/07/2011, by Special Master Richard M. Borchers on 12/17/2010. (wjc, )
December 10, 2010 Opinion or Order Filing 4938 ORDER OF SPECIAL MASTER Re: Raymond Goodloe (Claim No. 03-445). The 4934 Motion for Status Review Hearing and Order of the Court of Raymond Goodloe is denied, by Special Master Richard M. Borchers on 12/10/2010. (wjc, )
December 3, 2010 Opinion or Order Filing 4931 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Albert S. Fisher (Claim No. X-537). The letter of Albert S. Fisher, being treated as a new claim, is dismissed, as the claim was not filed on or before 04/30/2010. A copy of Claimant's claim wil l be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) or before 02/22/2011, by Special Master Richard M. Borchers on 12/03/2010. (wjc, )
November 19, 2010 Opinion or Order Filing 4918 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Joe Landers (Claim No. X-501). The claim of Joe Landers is dismissed, as Claimant has not established that he was disabled on or before 08/27/2003. A copy of Claimant's claim will be provided t o class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 03/07/2011, by Special Master Richard M. Borchers on 11/19/2010. (wjc, )
November 10, 2010 Opinion or Order Filing 4915 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Gustavo Osuna (Claim No. 03-481). This claim is dismissed with prejudice, as Claimant has settled his claim with Defendants, by Special Master Richard M. Borchers on 11/10/2010. (wjc, )
October 29, 2010 Opinion or Order Filing 4900 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Albino Montoya (Claim No. X-429). The claim of Albino Montoya is dismissed, as Claimant has failed to provide sufficient information concerning date of disability and date of alleged discrimination. A copy of Claimant's claim and letter will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 02/15/2011, by Special Master Richard M. Borchers on 10/29/2010. (wjc, )
October 22, 2010 Opinion or Order Filing 4893 REPORT AND RECOMMENDATION OF SPECIAL MASTER. The Special Master submits this Report and Recommendation in order that the Court may review the issues presented and issue an order resolving those issues, by Special Master Richard M. Borchers on 10/22/2010. (wjc, )
October 20, 2010 Opinion or Order Filing 4888 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Paul Crespin (Claim No. X-535). The letter of Paul Crespin, being treated as a new claim, is dismissed, as the claim was not filed on or before 04/30/2010. A copy of Claimant's claim will be pro vided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised thatthey may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 12/20/2010, by Special Master Richard M. Borchers on 10/20/2010. (wjc, )
October 14, 2010 Opinion or Order Filing 4879 ORDER Accepting 4875 Resignation of Special Master Richard C. Davidson. He is relieved of any further duties in this case, by Judge John L. Kane on 10/14/2010.(wjc, )
October 12, 2010 Opinion or Order Filing 4873 ORDER Accepting 4872 Resignation of Special Master Bruce D. Pringle. He is relieved of any further duties in this case, by Judge John L. Kane on 10/12/2010.(wjc, )
October 8, 2010 Opinion or Order Filing 4878 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Donald Mares (Claim No. X-508). The claim of Donald Mares, now deceased, is dismissed, by Special Master Richard M. Borchers on 10/08/2010. (wjc, )
October 1, 2010 Opinion or Order Filing 4868 ORDER OF SPECIAL MASTER Re: Claimant Charles Trujillo (Claim No. X-527). The letter of Charles Trujillo, being treated as a new claim, is dismissed, as the claim was not filed on or before 04/30/2010. A copy of Claimants letter will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 11/29/2010, by Special Master Richard M. Borchers on 10/01/2010. (wjc, )
September 21, 2010 Opinion or Order Filing 4838 AMENDED 4835 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Dennis Harpin (Claim No. X-428). The claim of Dennis Harpin is dismissed, as Claimant has failed to allege that he was the victim of discrimination on or before 08/27/2003 and has fail ed to show good cause for the late filing of his claim. A copy of Claimant's claim will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 11/22/2010, by Special Master Richard M. Borchers on 09/21/2010. (wjc, )
September 16, 2010 Opinion or Order Filing 4826 Minute Entry for Pretrial Conference proceedings held before Judge John L. Kane on 9/16/2010. Denying 4728 Motion for Judgment on Partial Findings. Further Final Pretrial Conference set for 9/24/2010 02:00 PM in Courtroom A 802 before Judge John L. Kane. ORDERED: Counsel shall file a joint submission, as specified, and discuss modification of the Montez Remedial Plan, in accordance with the Court's comments.(Court Reporter Tracy Weir) (babia)
September 7, 2010 Opinion or Order Filing 4820 ORDER to Cure Deficiency re 4814 Notice of Appeal by L. R. Moore, by Judge John L. Kane on 09/07/10. Appellant has 30 days to either pay the filing fee or file a 1915 motion with district court.(bjrsl, )
August 19, 2010 Opinion or Order Filing 4804 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant John Schwegel (Claim No. X-530). The letter of John C. Scwegel, being treated as a new claim, is dismissed, as the claim was not filed on or before 04/30/2010. A copy of Claimant's letter will b e provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 10/18/2010, by Special Master Richard M. Borchers on 08/19/2010. (wjc, )
July 30, 2010 Opinion or Order Filing 4775 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Charles J. Stout (Claim No. X-470). The claim of Charles J. Stout is dismissed, as Claimant was not diagnosed as having diabetes until 2005. A copy of Claimants claim will be provided to class couns el for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 10/25/2010, by Special Master Richard M. Borchers on 07/30/2010. (wjc, )
July 26, 2010 Opinion or Order Filing 4766 AMENDED 4756 REPORT OF SPECIAL MASTERS. ORDERED that this Report be filed with the Court reflecting the status of open claims that are pending before the Special Masters as of 07/28/2010, by Special Master Richard M. Borchers on 07/26/2010. (wjc, )
July 23, 2010 Opinion or Order Filing 4765 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Steven A. Valles (Claim No. X-526). The letter of Steven A. Valles, being treated as a new claim, is dismissed, as the claim was not filed on or before 04/30/2010. A copy of Claimant's letter wi ll be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 09/28/2010, by Special Master Richard M. Borchers on 07/23/2010. (wjc, )
June 25, 2010 Opinion or Order Filing 4710 REPORT OF SPECIAL MASTERS. ORDER that this Report be filed with the Court reflecting the status of open claims that are pending before the Special Masters as of 06/25/2010, by Special Master Richard M. Borchers on 06/25/2010. (Re: 3741 RECOMMENDATION). (wjc, )
May 26, 2010 Opinion or Order Filing 4620 Minute Entry for proceedings held before Judge John L. Kane: Trial Preparation Conference held on 5/26/2010. Denying 4106 Motion for Order; denying 4107 Motion for Order; denying 4111 Motion for Order; denying 4164 Motion to Amend/Correct/Mod ify; denying 4167 Motion for Order; denying 4316 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; overruling 4509 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; overruling 4560 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; overuling 4561 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; granting 4618 Motion to Supplement. Pretrial Order 4654 is accepted by the Court as stated on the record. (Court Reporter Tracy Weir) (cmacd)
May 21, 2010 Opinion or Order Filing 4614 FINAL ORDER OF SPECIAL MASTER Re: Claimant David Watts (Claim No. X-311). The letter of David Watts, being treated as a new claim, is dismissed. A copy of the file maintained by the Special Masters will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 08/16/2010, by Special Master Richard M. Borchers on 05/21/2010. (wjc, )
May 7, 2010 Opinion or Order Filing 4558 FINAL ORDER OF SPECIAL MASTER Re: Claimant Jefferson Wade Owings (Claim No. X-413). The motion of Claimant, being treated as a claim under Article XXXII of the Remedial Plan, is dismissed, as Claimant was not in DOC custody on or before 08/27/2003. A copy of Claimants motion will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 09/07/2010, by Special Master Richard M. Borchers on 05/07/2010. (wjc, )
April 23, 2010 Opinion or Order Filing 4478 FINAL ORDER OF SPECIAL MASTER Re: Claimant Michael Collins (Claim No. 03-391). The claim is dismissed in its entirety. A copy of the file maintained by the Special Masters will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 08/16/2010, by Special Master Richard M. Borchers on 04/23/2010. (wjc, )
April 9, 2010 Opinion or Order Filing 4429 FINAL ORDER OF SPECIAL MASTER Re: Claimant Mark Zamora (Claim No. X-382). The claim of Mark Zamora is dismissed in its entirety. A copy of the file maintained by the Special Masters will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order on or before 08/16/2010, by Special Master Richard M. Borchers on 04/09/2010. (wjc, )
April 2, 2010 Opinion or Order Filing 4395 FINAL ORDER OF SPECIAL MASTER Re: Claimant Dean Hackborn (Claim No. X-285). The letter of Dean Hackborn, being treated as a claim, is dismissed in its entirety. A copy of the file maintained by the Special Masters will be provided to class counsel f or such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 08/16/2010, by Special Master Richard M. Borchers on 04/02/2010. (wjc, )
March 24, 2010 Opinion or Order Filing 4389 ORDER of Special Master. Class Counsel is granted up to and including 4/7/10 to file any pleading in response to the 3/5/10 4370 Order re: Allen Fistell (Claim No. 03-465), by Special Master Richard M. Borchers on 3/24/10. (gmssl, )
March 23, 2010 Opinion or Order Filing 4383 MINUTE ORDER Re: Pending Motions Mooted by 03/23/2010 4381 Order Re: 12/15/2010 Report and Recommendation. Denying as moot 3995 Brenda Mumford's Objection/APPEAL of Special Master Decision; denying as moot 4039 Class Counsel's Object ion to the Orders of the Special Masters re: Mumford, Montoya, Weigand and Other Similarly-Situated Claimants; denying as moot 4317 Defendants' Motion to Stay Individual Damages Claim Hearings; denying as moot 4380 Raymond Goodloe's Obj ection (Motion for Reconsideration) re Court's 02/17/2010 Order. The following pending Motions/Objections are REFERRED to the Special Masters for review and action: Debbie Gillon's Motions to Request 4106 Return of Personal Glasses and [ 4107] Reinstatement of Medical Restrictions; 4111 MOTION to Request Consideration Under Montez Class Action Regarding Vision Impairment and Hearing Impairment by Jill Coit; 4164 MOTION for Leave to file an Amended Complaint filed by Lawrence William Fitzgerald; 4167 MOTION for Enforcement of Existing Remedial Plan and for Recognition of Disability filed by Eldridge Griffin, by Judge John L. Kane on 03/23/2010.(wjc, )
March 19, 2010 Opinion or Order Filing 4388 ORDER of Dismissal of Special Master. Claim of Robert Riplie (Claim No. X-389)is denied. Parties may file objections to this order on or before 5/24/10, by Special Master Richard M. Borchers on 3/19/10. (gmssl, )
March 12, 2010 Opinion or Order Filing 4384 FINAL ORDER of Special Master. Claim of James F. Sorensen (Claim Number 03-473) is dismissed. Claim shall be held in abeyance pending resolution of jurisdictional issue by Judge Kane. Objections may be filed on or before 5/17/10, by Special Master Richard M. Borchers on 3/12/10. (gmssl, ) Modified on 3/29/2010 to correct spelling error (gmssl, ).
March 5, 2010 Opinion or Order Filing 4370 ORDER OF SPECIAL MASTER Re: Allen Fistell (Claim No. 03-465). Claimant's motion for order of compliance, return of property and further damages is denied for lack of jurisdiction under Article XXXII. The motion will be treated as a new claim and will be held in abeyance pending a ruling from Judge Kane. Claimant and Defendants are advised that they may filean objection to this Order on or before 05/17/2010, by Special Master Richard M. Borchers on 03/05/2010. (wjc, )
February 26, 2010 Opinion or Order Filing 4349 ORDER of Dismissal of Special Master. Claim No. X-386. Claim of James M. Spencer is dismissed to the extent that it requests relief under Article XXXII of the Remedial Plan, as Claimant was not in DOC custody on or before August 27, 2003. Claimant s claim as to what has occurred while in custody of the Colorado Department of Corrections since August 27, 2003 will be held in abeyance pending a determination of the jurisdictional issue. Objections to this order must be filed on or before 4/19/10, by Special Master Richard M. Borchers on 2/26/10. (gmssl, )
February 25, 2010 Opinion or Order Filing 4342 MINUTE ORDER denying 4341 Allen Fistell's Motion to Find Defendants Objections as Filed Late and Disregard Said Objections, by Judge John L. Kane on 2/25/10.(gms, )
February 23, 2010 Opinion or Order Filing 4336 MINUTE ORDER denying 4328 Defendants' Emergency Motion to Stay Damages Claim Hearings, by Judge John L. Kane on 02/23/2010.(wjc, )
February 19, 2010 Opinion or Order Filing 4323 ORDER granting in part and denying in part 4227 Defendants' Motion in Limine to Exclude Evidence Relating to Medical Treatment. See Order for details, by Judge John L. Kane on 02/19/2010.(wjc, )
February 12, 2010 Opinion or Order Filing 4313 ORDER OF SPECIAL MASTER re: Claimant Mario Primaveri (Claim No. X-388). The 4304 additional documents filed by Claimant will be held in abeyance pending the filing of a claim, by Special Master Richard M. Borchers on 02/12/2010. (wjc, )
February 11, 2010 Opinion or Order Filing 4296 ORDER re 4102 RESPONSE/SUPPLEMENTAL/AMENDED MOTION (Re: Claimant Julius Caesar Herrera, Jr., Claim No. X-228). To the extent the Motion demands compliance with the Montez Remedial Plan, it is DEEMED Declaration re Compliance/Noncompliance with Remedial Plan and LINKED, for docketing purposes, to the 4283 06/07/2010 Compliance hearing. All other requests for relief are DENIED, by Judge John L. Kane on 02/11/2010.(wjc, ) Modified on 2/11/2010 to add claimant name and claim no. text (wjc, ).
February 10, 2010 Opinion or Order Filing 4290 MINUTE ORDER 4288 Motion for Relief and to Enforcement of Montez Remedial Plan filed by Ronald Cordova is deemed a "Declaration" re: Compliance/Noncompliance rather than an independent motion and is referred to counsel, by Judge John L. Kane on 2/10/10.(gmssl, )
February 8, 2010 Opinion or Order Filing 4282 ORDER Re: Pending Motions for Enforcement/Compliance with Montez Remedial Plan. Document 3858 Affidavit of Ronald Cordova SHALL BE DEEMED an Affidavit in support of Mr. Cordovas 3846 Motion for Relief and SHALL BE LINKED to Doc. 3846 ; Document 3846 relates to general compliance issues and DEEMED a Declaration re Compliance/Noncompliance with Remedial Plan and SHALL BE LINKED, for docketing purposes, to the compliance hearing set to commence 06/07/2010. Document 3901 Motion for Order to Comply with Remedial Plan filed by DOC inmate Allen I. Fistell, relates to classwide compliance and SHALL BE DEEMED a Declaration re Compliance/Noncompliance with Remedial Plan and LINKED to 06/07/2010 compliance hearing. Document 3905 Motion fo r Leave to Proceed Pro Se by Raymond Price is DENIED for the reasons set forth in the Order. Document 3930 Motion to Amend or Supplement Prior Motion for Enforcement by Matthew Tazio Redmon this document relates to Mr. Redmons previously filed [37 84] Motion for Enforcement of Existing Remedial Plan, etc. and both relate solely to general compliance issues. Both documents SHALL BE DEEMED Declarations re Compliance/Noncompliance with Remedial Plan and LINKED, for docketing purposes, to the June 7, 2010 compliance hearing. To the extent Mr. Redmon seeks to file new or to supplement previously denied individual claims based on Defendants continued noncompliance with the Montez Remedial Plan, that request is DENIED without prejudice to its b eing asserted, if appropriate, after ruling on the Special Masters 3741 Report and Recommendation. Document 3978 Motion for Enforcement of Existing Remedial Plan by Daniel Martinez this document relates to classwide compliance (the shackling and handcuffing of disabled inmates) and SHALL BE DEEMED a Declaration re Compliance/Noncompliance with Remedial Plan and LINKED to the June 2010 compliance hearing. Document 3999 Motion for Enforcement of Existing Remedial Plan and for Sanctions for Noncompliance with Plan by James Garnes the Court finds the filing relates primarily to classwide compliance and SHALL BE DEEMED a Declaration re Compliance/Noncompliance with Remedial Plan and LINKED to the June 2010 compliance hearing. To the exte nt Mr. Garnes seeks to join the class in order to pursue individual damage claims, that request is DENIED without prejudice to its being asserted, if appropriate, after ruling on the Special Masters 3741 Report and Recommendation. Counsel for the class and for the state shall consider the representations and documentation included in the above referenced filings in their preparation for the compliance hearing, scheduled to commence on 06/07/2010. Motions filed by individual class members or o ther DOC inmates for enforcement of the Montez Remedial Plan or similar compliance related relief are IMPROPER and will either be STRICKEN or deemed Declarations re Compliance/Noncompliance and referred to class counsel. Inmates are being represented by counsel on the overarching issue of compliance and adequately so. Filings related to compliance issues may only be made through that counsel, by Judge John L. Kane on 02/08/2010.(wjc, )
February 5, 2010 Opinion or Order Filing 4324 ORDER OF SPECIAL MASTER Re: Claimant Lawrence r. Warfield (Claim No. 03-058, 4208 Motion). This claim is closed, as there has been compliance with the final order, by Special Master Richard M. Borchers on 02/05/2010. (wjc, )
January 29, 2010 Opinion or Order Filing 4278 ORDER OF SPECIAL MASTER Re: Claimant William Gilmore (Claim No. 03-034). Claimants motion to reinstate as member of the class as to what has occurred while in custody of the Colorado Department of Corrections since 08/27/2003 will be held in abeyance pending a determination of the jurisdictional issue, by Special Master Richard M. Borchers on 01/29/2010. (wjc, )
January 20, 2010 Opinion or Order Filing 4266 ORDER OF SPECIAL MASTER re: (Claimant Robert Riplie (Claim No. X-389) ( 4246 Letter filed on behalf of Claimant). Claimant is granted up to and including 03/15/2010 in which to file a claim, by Special Master Richard M. Borchers on 01/20/2010. (wjc, )
January 15, 2010 Opinion or Order Filing 4264 ORDER OF SPECIAL MASTER re: Claimant Mario Primaveri (Claim No. X-388) ( 4238 Letter and documents filed on behalf of Claimant.) Claimant is granted up to and including 03/01/2010 in which to file a claim, by Special Master Richard M. Borchers on 01/15/2010. (wjc, )
January 8, 2010 Opinion or Order Filing 4243 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Mark Zamora (Claim No. X-382). The claim is dismissed pursuant to Article XXXII of the Remedial Plan, as there is no jurisdiction as Claimant came into DOC custody after 08/27/2003. The claim will b e held in abeyance pending resolution of the jurisdictional issue of whether the Special Masters have jurisdiction over pro se motions arising from alleged DOC conduct after 08/27/2003. Claimant and Defendants are advised that they may file an objection to this Order on or before 02/16/2010, by Special Master Richard M. Borchers on 01/08/2010. (wjc, )
December 21, 2009 Opinion or Order Filing 4232 Minute Entry for Oral Argument proceedings held before Judge John L. Kane held on 12/21/2009. Granting in part and denying in part 4207 Motion to Compel. Plaintiffs have to and including 1/15/10 to respond to specified pending motions; reply due 1/20/10. Counsel will meet and confer regarding 4229 Motion to Compel; Defendants' counsel will notify the Court if the motion will be withdrawn or limited.(Court Reporter Kara Spitler)(babia)
December 18, 2009 Opinion or Order Filing 4234 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Alan Mitchel Maxfield (Claim No. X-380). The claim of Alan Mitchel Maxfield is dismissed to the extent that it requests relief under Article XXXII of the Remedial Plan, as Claimant was not in DOC cus tody on or before 08/27/2003. Claimant's claim as to what has occurred while in custody of the Colorado Department of Corrections since 08/27/2003 will be held in abeyance pending a determination of the jurisdictional issue. Claimant and Defendants are advised that they may file an objection to this Order on or before 03/01/2010, by Special Master Richard M. Borchers on 12/18/2009. (wjc, )
December 17, 2009 Opinion or Order Filing 4226 REPORT OF SPECIAL MASTERS. ORDER that this Report be filed with the Court reflecting the status of open claims that are pending before the Special Masters, by Special Master Richard M. Borchers on 12/17/2009. (Re: 3741 Recommendation and 4283 Compliance Hearing) (wjc, ) Modified on 2/9/2010 to add linkages (wjc, ).
December 11, 2009 Opinion or Order Filing 4222 ORDER OF SPECIAL MASTER Re: Claimant Allen Fistell (Claim No. 03-465). Defendants are granted up to and including 02/01/2010 in which to file an objection to the final order of the Special Master, by Special Master Richard M. Borchers on 12/11/2009. (wjc, )
December 9, 2009 Opinion or Order Filing 4217 ORDER OF SPECIAL MASTER re: Claimant Michael J. Haley (Claim No. 03-469). Claimants 4210 Letter of 12/04/2009 will be treated as an objection to the Final Order of the Special Master, by Special Master Richard M. Borchers on 12/09/2009. (wjc, )
December 4, 2009 Opinion or Order Filing 4214 FINAL ORDER OF SPECIAL MASTER Re: Claimant Ronnie D. Flohr, Jr. (Claim No. X-376). The claim is dismissed to the extent that it requests relief under Article XXXII of the Remedial Plan, as Claimant was not mobility impaired and in DOC custody on or before 08/27/2003. Claimants claim as to what has occurred while in custody of the Colorado Department of Corrections since 08/27/2003 will be held in abeyance pending a determination of the jurisdictional issue. Claimant and Defendants are advised that they may file an objection to this Order on or before 02/08/2010, by Special Master Richard M. Borchers on 12/04/2009. (wjc, )
November 21, 2009 Opinion or Order Filing 4205 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Mr. John DeBella (Claim No. X-383). The letter of John Debella is dismissed to the extent that it requests relief under Article XXXII of the Remedial Plan, as Claimant was not in DOC custody on or be fore 08/27/2003. Claimants claim as to what has occurred while in custody of the Colorado Department of Corrections since 08/27/2003 will be held in abeyance pending a determination of the jurisdictional issue. Claimant and Defendants are advised that they may file an objection to this Order on or before 01/25/2010, by Special Master Richard M. Borchers on 11/21/2009. (wjc, )
November 13, 2009 Opinion or Order Filing 4196 Minute Entry for Day 2 Oral Argument/Motions Hearing proceedings held before Judge John L. Kane on 11/13/09. Counsel advised regarding criteria for hearing disability as specified. Motion Hearing also held on 11/13/2009 Granting 4186 Motion to Clarify. Discovery due by 12/1/2009; Granting 4187 Motion to Clarify. (Court Reporter Kara Spitler)(babia) Modified on 11/23/2009 to add text Day 2 (wjc, ).
October 30, 2009 Opinion or Order Filing 4178 FINAL ORDER OF SPECIAL MASTER Re: Claimant Gilbert M. Casias (Claim No. 03-472). The claim is denied, as claimant has failed to prove by a preponderance of the evidence each of the four criteria set forth in the Order of 11/23/2004 and has failed to establish that he was disabled and the victim of discrimination under the ADA and Rehabilitation Act on or before 08/27/2003. The claim, to the extent that it raises issues concerning alleged discrimination after August 2003, is held in abeyance pe nding Judge Kanes resolution of the jurisdictional issue that exists concerning pro se motions filed in this case. Claimant and Defendants are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 12/28/2009, by Special Master Richard M. Borchers on 10/30/2009. (wjc, )
October 23, 2009 Opinion or Order Filing 4173 ORDER OF SPECIAL MASTER re: Claimant Lawrence Fitzgerald (Claim No. 01-076). Claimant's 4164 MOTION for Leave to File an Amended Complaint is accepted for filing and will be held in abeyance, by Special Master Richard M. Borchers on 10/23/2009. (wjc, ) Modified on 10/30/2009 to edit text to reflect Special Master (wjc, ).
October 16, 2009 Opinion or Order Filing 4166 ORDER OF SPECIAL MASTER re: Claimant Jay H. Bailey (Claim No. 03-344). Claimant's 4155 Letter will be accepted for filing and no further action can be taken until the jurisdictional issue is resolved by Judge Kane, by Special Master Richard M. Borchers on 10/16/2009. (wjc, )
October 9, 2009 Opinion or Order Filing 4165 ORDER OF SPECIAL MASTER re: Claimant Edward Corbin (Claim No. 03-262). Claimant's 4145 Letter will be accepted for filing and will be held in abeyance, by Special Master Richard M. Borchers on 10/09/2009. (wjc, )
October 2, 2009 Opinion or Order Filing 4154 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Daniel A. Hartley (Claim No. X-379). The case of Daniel A. Hartley is dismissed for lack of jurisdiction, as Claimant filed to file a claim form. Claimants request for help for what has occurred while in cus tody of the Colorado Department of Corrections since 08/27/2003 will be held in abeyance pending a determination of the jurisdictional issue. Claimant and Defendants are advised that they may file an objection to this Order on or before 12/21/2009, by Special Master Richard M. Borchers on 10/02/2009. (wjc, )
September 29, 2009 Opinion or Order Filing 4148 ORDER FORMALIZING 9/1/09 BENCH RULING RE TENTH CIRCUIT APPEALS FROM SPECIAL MASTER ORDERS: Rulings on abuse of discretion reviews of Special Master decisions on individual pro se damage claims were intended under the operative consent decree to be FINAL decisions and ARE NOT APPEALABLE to the Tenth Circuit Court of Appeals, by Judge John L. Kane on 09/29/2009. (wjc, )
September 28, 2009 Opinion or Order Filing 4146 ORDER Re: Claimant Wellman E. Gibson (Claim No. 03-173). Claimant Wellman Gibsons 3617 Objection to Amended Final Order of Special Master is OVERRULED. The 3512 Amended Final Order of Special Master is AFFIRMED. The 3824 Motion for Immediate Ruling on Appeal of Amended Final Order is denied as moot, by Judge John L. Kane on 09/28/2009.(wjc, )
September 25, 2009 Opinion or Order Filing 4144 FINAL ORDER OF SPECIAL MASTER re: Claimant Michael J. Haley (Claim No. 03-469). The claim of Michael J. Haley is denied, as he has failed to prove by a preponderance of the evidence each of the four criteria set forth in the Order of 11/23/2004 and h as failed to establish that he was disabled and the victim of discrimination under the ADA and Rehabilitation Act on or before 08/27/2003. Claimants request for relief for mobility issues that arose after his return to DOC in 2008 will be held in abeyance. Claimant and Defendants are advised that they may file an objection to this Order on or before 12/14/2009, by Special Master Richard M. Borchers on 09/25/2009. (wjc, )
September 24, 2009 Opinion or Order Filing 4141 ORDER OF SPECIAL MASTER re: Claimant Charles Mosby (Claim No. 03-406). Claimant's 4130 Letter is accepted for filing and will be held in abeyance pending resolution of the jurisdictional issue, by Special Master Richard M. Borchers on 09/24/2009. (wjc, )
September 21, 2009 Opinion or Order Filing 4140 ORDER OF SPECIAL MASTER Re: Claimant Charles Mosby (Claim No. 03-406). Defendants' motion to amend is granted, and the final order will reflect that Claimant was not mobility impaired on or before 08/27/2003, by Special Master Richard M. Borchers on 09/21/2009. (wjc, )
September 18, 2009 Opinion or Order Filing 4129 ORDER OF SPECIAL MASTERS re: 1611 THIRD REPORT AND RECOMMENDATIONS OF THE SPECIAL MASTERS. The Special Masters withdraw the Third Report and Recommendation, as the issue has been resolved and is moot, by Special Master Richard M. Borchers on 09/18/09. (wjc, )
September 16, 2009 Opinion or Order Filing 4124 ORDER OF SPECIAL MASTER re: Thomas D. Tillery (Claim No. X-381) 4103 Letter and attached documents. Claimant is granted up to and including 11/16/2009 in which to file a claim, by Special Master Richard M. Borchers on 09/16/2009. (wjc, )
September 11, 2009 Opinion or Order Filing 4123 ORDER OF SPECIAL MASTER re: Claimant Julius Caesar Herrera, Jr., (Claim No. X-228). Claimant's 4102 Response of Claimant to the Order of 03/24/2009 is accepted for filing and will be held in abeyance, by Special Master Richard M. Borchers on 09/11/2009. (wjc, )
September 1, 2009 Opinion or Order Filing 4089 Minute Entry - Courtroom Minutes for Status Conference/Oral Argument held before Judge John L. Kane on 9/01/2009. ORDERED: denying as moot 1614 Recommended Award of Attorney Fees and Costs and denying as moot 1641 Recommended Award of Attorney F ees and Costs. By 10/14/2009, counsel shall meet and confer and submit a pretrial order for the compliance hearing which includes a list of where there has been and has not been compliance, as well as a list of witnesses. Pretrial conference and com pliance hearing are set October 19, 20 and 21, 2009. Compliance hearing also is set November 2, 3, 4, 5, 9, 10, 12, and 13, 2009; December 21 and 22, 2009; and January 6 through 22, 2010 (excluding January 18, 2010). If counsel cannot proceed on November 2, 2009, counsel shall inform this Court by October 2, 2009. (Court Reporter Kara Spitler) (lbush)
August 28, 2009 Opinion or Order Filing 4095 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Lora J. Wilson (Claim No. X-373). Claim is dismissed for lack of jurisdiction, as Claimant came into DOC custody after 08/27/03. Claimants request for help for what has occurred while in custody of the Colorado Department of Corrections will be held in abeyance pending a determination of the jurisdictional issue. Claimant and Defendants are advised that they may file an objection to this Order on or before 11/09/09, by Special Master Richard M. Borchers on 08/28/09. (wjc, ) Modified on 9/4/2009 to correct text date for objection (wjc, ).
August 21, 2009 Opinion or Order Filing 4082 ORDER OF SPECIAL MASTER re: Claimant Robert Blankenship (Claim No. 03-467). The 4081 OBJECTION of Claimant is transferred to Judge Kane for further action, by Special Master Richard M. Borchers on 08/21/09. (wjc, )
August 6, 2009 Opinion or Order Filing 4072 ORDER: Status Conference/Oral Argument set for 9/1/2009 at 09:00 AM in Courtroom A 802 before Judge John L. Kane. Special Master Borchers will be in attendance, by Judge John L. Kane on 08/06/09. (wjc, )
August 5, 2009 Opinion or Order Filing 4075 ORDER OF SPECIAL MASTER re: Claimant Michael Collins (Claim No. 03-391). The 4058 and 4059 Letters of Michael Collins are accepted for filing, by Special Master Richard M. Borchers on 08/05/09. (wjc, )
July 30, 2009 Opinion or Order Filing 4066 ORDER OF SPECIAL MASTER re: Claimant Gregory D. Thomas (Claim No. X-375) 4040 Letter. Claimant is granted up to and including 09/21/2009 in which to file a claim and provide the additional information requested in this order, by Special Master Richard M. Borchers on 07/30/09. (wjc, )
July 28, 2009 Opinion or Order Filing 4064 ORDER OF DISMISSAL OF SPECIAL MASTER re: Kenneth Thunderbird (Claim No. X-347). The claim is dismissed for lack of jurisdiction, as Claimant has not filed a claim form. Claimant and Defendants are advised that they may file an objection to this Order on or before 09/21/2009, by Special Master Richard M. Borchers on 07/28/09. (wjc, )
July 21, 2009 Opinion or Order Filing 4050 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Darryl L. Atteberry (Claim No. 03-443). The claim of Darryl L. Atteberry is dismissed, as Claimant failed to appear for the rescheduled hearing. Claimant and Defendants are advised that they may file an objection to this Order on or before September 14, 2009, by Special Master Richard M. Borchers on 07/21/09. (wjc, )
July 15, 2009 Opinion or Order Filing 4057 ORDER OF SPECIAL MASTER Re: David Scott Key (Claim No. X-362). Claimant's 4030 OBJECTION is referred to Judge Kane for action pursuant to FRCP 53(g)(2), by Special Master Richard M. Borchers on 07/15/09. (wjc, )
July 13, 2009 Opinion or Order Filing 4033 NOTICE OF TRANSFER: The parties shall have ten days, or to and including 07/24/2009 to file any objection to this transfer. Effective 07/25/2009, if no objections are filed, this case will be transferred to Senior Judge Kane. Subsequent filings in this matter shall be filed under Civil Action No. 92-cv-00870-JLK, by Judge Christine M. Arguello on 07/13/09. (wjc, )
July 3, 2009 Opinion or Order Filing 4028 ORDER OF SPECIAL MASTER re: 4019 Letter filed by Claimant Paul Deschaine (Claim No. X-166). Claimants letter is accepted for filing and will be held in abeyance, by Special Master Richard M. Borchers on 07/03/09. (wjc, )
June 29, 2009 Opinion or Order Filing 4026 ORDER OF SPECIAL MASTER Re: Claimant Ronald Cordova (Claim No. C-014). Claimants letter, being treated as a motion to compel, is denied, as all issues concerning eye glass were resolved in the order of 12/22/2008. Claimant and Defendants are advised that they may file an objection to this Order on or before 08/24/2009, by Special Master Richard M. Borchers on 06/29/09. (wjc, )
June 26, 2009 Opinion or Order Filing 4018 FINAL ORDER OF SPECIAL MASTER Re: Claimant Robert Blankenship (Claim No. 03-467). The claim of Robert Blankenship is dismissed, as epilepsy is not a covered condition under the Remedial Plan and the Special Master lacks jurisdiction over the claim. Claimant and Defendants are advised that they may file an objection to this Order on or before 09/01/2009, by Special Master Richard M. Borchers on 06/26/09. (wjc, )
June 23, 2009 Opinion or Order Filing 4023 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Phillip Gonzales (Claim No. X-358). Claimants damage claim under Article XXXII of the Remedial Plan is dismissed for lack of jurisdiction, as Claimant has failed to file a claim form. Claimants request for i ndividual relief is held in abeyance pending resolution of the jurisdictional issue before the assigned District Judge. Claimant and Defendants are advised that they may file an objection to this Order on or before 08/17/2009, by Special Master Richard M. Borchers on 06/23/09. (wjc, )
June 19, 2009 Opinion or Order Filing 4024 ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Roy E. Schwasinger (Claim No. X-368). The motion of Roy E. Schwasinger is dismissed, as there is no jurisdiction for the Special Masters to act on the motion in any fashion. Claimant and Defendants are advised that they may file an objection to this Order on or before 08/10/2009, by Special Master Richard M. Borchers on 06/19/09. (wjc, )
June 17, 2009 Opinion or Order Filing 4009 ORDER OF SPECIAL MASTER re: 4002 Letter filed by Claimant Michael N. Collins (Claim No. 03-391). The letter of Michael Collins is accepted for filing but no further action may be taken on it, by Special Master Richard M. Borchers on 06/16/09. (wjc, )
June 16, 2009 Opinion or Order Filing 4007 REPORT OF SPECIAL MASTERS. ORDER that this Report be filed with the Court reflecting the overall disposition and adjudication of claims as of 06/01/2009, by Special Master Richard M. Borchers on 06/16/09. (Re: 3741 Recommendation and 4283 Compliance Hearing) (wjc, ) Modified on 2/9/2010 to add linkages (wjc, ).
June 12, 2009 Opinion or Order Filing 4004 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Fermen Arguello (Claim No. X-359). Claimants damage claim under Article XXXII of the Remedial Plan is dismissed for lack of jurisdiction, as Claimant came into DOC custody after 08/27/2003. Claimant s request for individual relief is held in abeyance pending resolution of the jurisdictional issue before the assigned District Judge. Claimant and Defendants may file an objection on or before 08/10/2009, by Special Master Richard M. Borchers on 06/12/09. (wjc, )
June 8, 2009 Opinion or Order Filing 4005 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Terry L. Franklin (Claim No. X-360). Claimants damage claim under Article XXXII of the Remedial Plan is dismissed for lack of jurisdiction, as Claimants condition deals with mental illness which is not a category under the Remedial Plan. Claimant and Defendants may file an objection to this Order on or before 08/10/2009, by Special Master Richard M. Borchers on 06/08/09. (wjc, )
June 5, 2009 Opinion or Order Filing 4003 ORDER OF SPECIAL MASTER re: 3999 MOTION to Enforce filed by Claimant James B. Dukes Garnes (Claim No. 02-792). Claimant's motion will be held in abeyance pending resolution of the jurisdictional issue before the assigned District Judge, by Special Master Richard M. Borchers on 06/05/2009. (wjc, )
June 2, 2009 Opinion or Order Filing 3993 ORDER OF SPECIAL MASTER re: Claimant Matthew T. Redmon (Claim No. C-007). Claimant's 3985 Letter is accepted for filing but no further action can be taken on it, by Special Master Richard M. Borchers on 06/02/09. (wjc, )
May 29, 2009 Opinion or Order Filing 3994 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant David Scott Key (Claim X-362). Claimants damage claim under Article XXXII of the Remedial Plan is dismissed for lack of jurisdiction, as Claimant came into DOC custody after 08/27/2003. Claimants re quest for individual relief is held in abeyance pending resolution of the jurisdictional issue before the assigned District Judge. Claimant and Defendants are advised that they may file an objection to this Order on or before 7/20/2009, by Special Master Richard M. Borchers on 05/29/09. (wjc, )
May 27, 2009 Opinion or Order Filing 3989 ORDER OF SPECIAL MASTER re: Claimant Daniel Martinez (Claim No. 01-197). Claimant's pleadings ( 3978 and 3980 ) are accepted for filing and will be held in abeyance, by Special Master Richard M. Borchers on 05/27/09. (wjc, ) Modified on 6/3/2009 to edit text claim number (wjc, ).
May 26, 2009 Opinion or Order Filing 3992 ORDER OF SPECIAL MASTER re: Claimant Charles R. Stroud (Claim No. 03-350). Defendants are granted up to and including 06/15/2009 in which to respond to the 3979 Motion of Claimant, by Special Master Richard M. Borchers on 05/26/09. (wjc, )
May 22, 2009 Opinion or Order Filing 3984 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Gregory K. Baird (Claim No. X-353). Claimants file as to any damage claim under Article XXXII of the Remedial Plan is dismissed for lack of jurisdiction, as Claimant has not filed a claim form. Claimant and Defendants are advised that they may file an objection to this Order on or before 07/06/09, by Special Master Richard M. Borchers on 05/22/09. (wjc, )
May 15, 2009 Opinion or Order Filing 3975 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Kevin E. Chillis (Claim No. X-211). Claimants case as to any damage claim under Article XXXII of the Remedial Plan is dismissed for lack of jurisdiction as Claimant has not filed a claim form. Claimant and Defendants are advised that they may file an objection to this Order on or before 06/22/09, by Special Master Richard M. Borchers on 05/15/09. (wjc, )
May 11, 2009 Opinion or Order Filing 3967 ORDER OF SPECIAL MASTER re: Claimant John Nasious (Claim No. 03-459). The 3951 MOTION and attachments will be held in abeyance pending resolution of the jurisdictional issue, by Special Master Richard M. Borchers on 05/11/09. (wjc, )
May 5, 2009 Opinion or Order Filing 3969 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Fidel G. Ramos (Claim No. X-344). Claimant's case as to any damage claim under Article XXXII of the Remedial Plan is dismissed for lack of jurisdiction as Claimant has not filed a claim form. T he 3835 Letter of Claimant, to the extent that it requests relief for something that has recently occurred, is held in abeyance pending resolution of the jurisdictional issue. Claimant and Defendants may file an objection to this Order on or before 06/22/09, by Special Master Richard M. Borchers on 05/05/09. (wjc, )
April 28, 2009 Opinion or Order Filing 3942 FINAL ORDER ON MOTION TO SET ASIDE SETTLEMENT re: Claimant Lawrence Handy (Claim No. 03-298). Claimant's motion to set aside his settlement with Defendants is denied. Claimant and Defendants are advised that they may file an objection to this Order on or before 06/15/09, by Special Master Richard M. Borchers on 04/28/09. (wjc, )
April 24, 2009 Opinion or Order Filing 3934 ORDER OF SPECIAL MASTER re: 3914 Letter by Claimant Billy E. Jackson (Claim No. X-356). Claimant is granted up to and including 05/31/09 in which to file a claim and provide the additional information requested in this order, by Special Master Richard M. Borchers on 04/24/09. (wjc, )
April 20, 2009 Opinion or Order Filing 3931 ORDER OF SPECIAL MASTER that 3916 Claimant's Letter filed by Claimant Jill Coit (Claim No. 03-129) will be forwarded to class counsel for action, by Special Master Richard M. Borchers on 04/20/09. (wjc, )
April 10, 2009 Opinion or Order Filing 3913 ORDER Of Special Master re: 3905 Letter and attached pleading filed by Claimant Raymond A. Price (Claim No. 03-297). Claimant's letter and attached document will be treated as a motion for relief and will be held in abeyance, by Special Master Richard M. Borchers on 04/10/09. (wjc, )
March 31, 2009 Opinion or Order Filing 3908 ORDER of Special Master re: 3897 Letter filed by Claimant Michael K. Tivis (Claim No. 03-276). Claimant's letter and attached documents will be treated as a motion for relief and will be held in abeyance, by Special Master Richard M. Borchers on 03/31/09. (wjc, )
March 27, 2009 Opinion or Order Filing 3912 ORDER of Special Master re: 3891 Letter filed by Claimant Paul Deschaine (Claim No. X-166). Claimant's letter is accepted for filing and will be held in abeyance, by Special Master Richard M. Borchers on 03/27/09. (wjc, )
March 25, 2009 Opinion or Order Filing 3885 Amended ORDER of Special Master re: 3879 Order of Special Master re: Claimant Ronald Cordova (Claim Nos. C-014 and C-008). The time for filing of an objection to the order of 12/22/08 is extended up to and including 05/11/09. The document filed b y Claimant will be treated as an objection to the order of 12/22/08 issued by the Special Master. The objection will be referred to Judges Arguello and Kane, by Special Master Richard M. Borchers on 03/25/09. (wjc, ) Modified on 3/27/2009 to add text and edit text to reflect Special Master (wjc, ).
March 23, 2009 Opinion or Order Filing 3868 MINUTE ORDER granting 3648 Motion to Withdraw as Counsel. Jess A. Dance is permitted to withdraw as counsel for defendants. Electronic noticing to this attorney shall be terminated, by Judge John L. Kane on 03/23/09.(wjc, )
March 16, 2009 Opinion or Order Filing 3909 ORDER of Special Master re: 3846 MOTION for Relief filed by Claimant Ronald L. Cordova (Claim No. 03-377). Claimant's motion will be filed and held in abeyance, by Special Master Richard M. Borchers on 03/16/09. (wjc, )
March 13, 2009 Opinion or Order Filing 3855 ORDER OF SPECIAL MASTER re: 3843 Letter by Claimant Dean Gates (Claim No. X-346). Claimant is granted up to and including 05/04/09 in which to file a damage claim form, if he believes that he meets the requirements of Article XXXII of the Remedial Plan. Claimant's letter is held in abeyance as it pertains to a request for relief for on-going care and treatment, by Special Master Richard M. Borchers on 03/13/09. (wjc, )
March 10, 2009 Opinion or Order Filing 3848 FINAL ORDER OF SPECIAL MASTER re: Claimant Robert Balukas (Claim No. 03-461). The claim is denied and dismissed as Claimant has failed to prove by a preponderance of the evidence each of the four criteria set forth in the Order of 11/23/04. Claimant and Defendants may file an objection to this Order on or before 05/11/09, by Special Master Richard M. Borchers on 03/10/09. (wjc, )
March 6, 2009 Opinion or Order Filing 3850 ORDER OF SPECIAL MASTER re: Claimant Gustavo Osuna (Claim No. 02-493). Claimant's motion for payment of the settlement amount of $50.00 is denied, as no binding settlement agreement was ever entered into by the parties. Claimant and Defendants may file an objection to this Order on or before 05/11/09, by Special Master Richard M. Borchers on 03/06/09. (wjc, )
March 5, 2009 Opinion or Order Filing 3840 ORDER OF DISMISSAL OF SPECIAL MASTER dismissing claim of James Robert Hobson (Claim No. X-336) as he has failed to file a supplemental form and to indicate why he waited to file his claim. Claimant and Defendants are advised that they may file an objection to this Order on or before 05/11/09, by Special Master Richard M. Borchers on 03/05/09. (wjc, )
February 23, 2009 Opinion or Order Filing 3832 ORDER OF DISMISSAL OF SPECIAL MASTER re: Cara Bigelow (Claim No. X-338). Damage claim of claimant is dismissed for lack of jurisdiction, as she came into DOC custody after 08/27/03. Claimant and Defendants may file objection to this Order on or before 05/11/09, by Special Master Richard M. Borchers on 02/23/09. (wjc, )
February 17, 2009 Opinion or Order Filing 3815 ORDER OF SPECIAL MASTER re: 3811 Letter 2669 filed by Michael K. Tivis (Claim No. 03-276). Claimant's letter and attached document will be treated as a motion for relief and will be held in abeyance, by Special Master Richard M. Borchers on 02/17/09. (wjc, )
February 13, 2009 Opinion or Order Filing 3821 ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Anthony M. Waller (Claim No. X-334)is dismissed. Claimant has failed to file a claim form. Claimant and Defendants are advised that they may file an objection to this Order on or before 04/09/09, by Special Master Richard M. Borchers on 02/13/09. (wjc, ) Modified on 2/18/2009 to add text (wjc, ).
February 10, 2009 Opinion or Order Filing 3816 ORDER OF SPECIAL MASTER re: 3812 MOTION for Order to Protect Unalienable Rights for an Order for Certification filed by Cleotis Arnell Lewis (Claim No. 03-442). Claimant's petition and attachments will be referred to Judge Arguello for action. Claimant is granted up to and including 03/30/09 to submit any additional documents he wishes considered in support of his claim, by Special Master Richard M. Borchers on 02/10/09. (wjc, )
February 2, 2009 Opinion or Order Filing 3805 ORDER OF SPECIAL MASTER re: 3800 Request filed by James P. Wylie. The motion is before the assigned District Judge and will be ruled upon in due course. Mr. Wylie will be notified when an order is issued. The motion is referred to the assigned District Judge for action, by Special Master Richard M. Borchers on 02/02/09. (wjc, ) Modified on 2/4/2009 to correct grammer (wjc, ).
January 30, 2009 Opinion or Order Filing 3808 ORDER OF SPECIAL MASTER: David M. Aragon (Claim No. X-333) is dismissed as he came into DOC custody after 08/27/03. Claimant's request for relief is held in abeyance pending resolution of the jurisdictional issue concerning individual motions for relief under the Remedial Plan. Claimant and Defendants may file objections on or before 03/30/09, by Special Master Richard M. Borchers on 01/30/09. (wjc, )
January 27, 2009 Opinion or Order Filing 3798 FINAL ORDER OF SPECIAL MASTER re: Claimant John A. Nasious (Claim No. 03-459). Based upon the foregoing Findings of Fact and Conclusions of Law, Judgment shall be entered in favor of Defendant and against Claimant dismissing his claims in this action. Claimant and Defendant may file an objection to this Order on or before 03/30/09, by Special Master Richard C. Davidson on 01/27/09. (wjc, )
January 21, 2009 Opinion or Order Filing 3793 ORDER OF SPECIAL MASTER re: 3761 Status Report (Request) filed by Wellman E. Gibson (Claim No. 03-173). Claimant's document is forwarded to Judge Kane for further action, by Special Master Richard C. Davidson on 01/21/09. (wjc, )
January 20, 2009 Opinion or Order Filing 3780 FINAL ORDER OF SPECIAL MASTER Dismissing Claim 03-162 by Claimant Robert Schwartz. Judgment shall be entered in favor of Defendant and against Claimant dismissing his claims in this action. Claimant and Defendants are advised that they may file an objection to this Final Order of Special Master on or before 03/30/09. Signed by Special Master Richard C. Davidson on 01/20/09. (wjc, ) Modified on 1/22/2009 to add text (wjc, ).
January 19, 2009 Opinion or Order Filing 3781 ORDER OF SPECIAL MASTER re: 3768 Letter by Ronald Cordova (Claim No. 03-377). Claimant's letter, being treated as a motion for individual relief, will be held in abeyance. Claimant is granted up to and including 02/17/09 in which to file additional documents and pleadings in support of his appeal of the Special Master's final order on his claim. Signed by Special Master Richard M. Borchers on 01/19/09. (wjc, )
January 12, 2009 Opinion or Order Filing 3771 ORDER OF SPECIAL MASTER re: 3763 Letter filed Interested Party Hector Martinez-Jimenez (Claim No. 03-194). Issue has been presented to the assigned District Judge through a report and recommendation from the Special Master. Until that issue is re solved, Claimant's letter and request for relief must be held in abeyance. Claimant's letter and attached documents will be held in abeyance pending resolution of the issue of jurisdiction over individual requests for relief. Signed by Special Master Richard M. Borchers on 01/12/09. (wjc, )
January 9, 2009 Opinion or Order Filing 3772 FINAL ORDER OF SPECIAL MASTER re: Claimant David C. Owens (Claim No. 03-460). Claim has been established concerning vision issues prior to his cataract surgery, and Claimant is awarded $200 as damages. The remainder of the claim is denied. Any objection is due on or before 03/09/09. Signed by Special Master Richard M. Borchers on 01/9/09. (wjc, )
January 6, 2009 Opinion or Order Filing 3773 ORDER OF DISMISSAL OF SPECIAL MASTER Dismissing Claim X-323 by Claimant Tiffani Anderson. Any objection is due on or before 02/24/09. Signed by Special Master Richard M. Borchers on 01/06/09. (wjc, )
February 8, 2008 Opinion or Order Filing 3224 FINAL ORDER OF SPECIAL MASTER Dismissing Claim 03-433 by Claimant Debbie J. Gillon. Signed by Special Master Richard M. Borchers on 2/8/08. (sss, )
February 6, 2008 Opinion or Order Filing 3220 FINAL ORDER OF SPECIAL MASTER Dismissing Claim 03-323 by Claimant Paul I. Pollard, Jr.. Signed by Special Master Richard C. Davidson on 2/6/08. (sss, )
February 5, 2008 Opinion or Order Filing 3184 ORDER granting 3164 Special Masters' Twenty-third Application for Payment of Fees and Costs in the amount of $72,600.46. State of Colorado shall pay amount ordered to Legal Resolution Center. Signed by Judge John L. Kane on 2/5/08.(sss, )
February 4, 2008 Opinion or Order Filing 3360 ORDER OF DISMISSAL OF SPECIAL MASTER Dismissing Claim X-236 by Claimant Eli C. Andrade. Signed by Special Master Richard M. Borchers on 2/4/2008. (sss, )
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