Montez, et al v. Romer, et al

Filing 4307

ORDER DENYING 4240 REQUEST (MOTION) FOR RULING (Re: Claimant Stephen Moore, Claim No. 02-128, C-002). The Motion is DENIED. Mr. Moore's claims and requests for reconsideration and other attention have been addressed by the Special Masters and any appeal of those determinations implicit in his Motion is OVERRULED. Further filings by Mr. Moore raising these same complaints and arguments may be STRICKEN, by Judge John L. Kane on 02/12/2010.(wjc, ) Modified on 2/12/2010 to add text Claimant and Claim No. (wjc, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 92-cv-00870-JLK JESSE MONTEZ, et al. (re: Stephen Moore, Claim # 02-128, C-002) Plaintiffs, as representatives of themselves and all others similarly situated, v. BILL RITTER, et al., Defendants. ORDER DENYING REQUEST (MOTION) FOR RULING (Doc. 4240) Kane, J. Claimant Stephen Moore moves for an Order pursuant to Section XXXVI of the Montez Remedial Plan declaring him vision impaired over Defendant doctor's contrary determination Defendants in "bad faith compliance." The Motion is DENIED. Mr. Moore's claims and requests for reconsideration and other attention have been addressed by the Special Masters and any appeal of those determinations implicit in his Motion is OVERRULED. The Special Master's Orders denying Mr. Moore's claim (Doc. 1818), his Motion for Reconsideration (Doc. 3130) and various other demands for relief (Doc. 3475) are supported by the record and Mr. Moore's filing provides no basis upon which to discern any abuse of discretion. To the extent Mr. Moore claims the DOC is failing to comply with the terms of the 2003 Montez Remedial Plan, that issue is being pursued on his behalf by class counsel and is set for a four week hearing commencing June 7, 2010, in my courtroom. Further filings by Mr. Moore raising these same complaints and arguments may be STRICKEN. Dated February 12, 2010. Service via NEF and by mail to Stephen Moore s/John L. Kane SENIOR U.S. DISTRICT JUDGE 2

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