Montez, et al v. Romer, et al

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, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 92-CV-870-JLK JESSE MONTEZ, et al. Plaintiffs, -vs.BILL RITTER, et al. Defendants. ______________________________________________________________________________ REPORT OF SPECIAL MASTERS ______________________________________________________________________________ The Special Masters do hereby submit this Report concerning claims that remain open as of June 25, 2010. These claims have been or are being processed pursuant to Paragraph XXXII of the Remedial Plan, the order of Judge Kane of September 1, 2009, and the order of Judge Kane of March 23, 2010. As a result of the order of March 23, 2010, the ninety files that had been held in abeyance were dismissed for lack of jurisdiction. Since the order of March 23, 2010, an additional one hundred and thirty-one new claims have been filed by individuals who previously have not filed a claim with the Special Masters. Summary: Claims dismissed for lack of jurisdiction after March 23, 2010 order Claims set for hearing on allegations of non-compliance or retaliation Claims set for hearing on initial allegations of disability Claims set for hearing after remand from Judge Kane Claims dismissed sua sponte as second or third claims since 3/23/10 X-file claims dismissed sua sponte since 3/23/10 X-file claims awaiting further documents X-file claims awaiting responses to orders to show cause X-file claims in which Defendants have been given opportunity to object Claims pending determination of status and viability:

90 16 3 1 79 62 18 22 53 3

TOTAL CLAIMS DISMISSED AS RESULT OF MARCH 23 ORDER: 90 TOTAL CLAIMS DISMISSED SUA SPONTE SINCE MARCH 23: 141 TOTAL CLAIMS REMAINING OPEN: 116

Claims Scheduled for Hearing: Claim # 02-204 Claimant Robert Jones Hearing Date Hearing set for November 15, 2010. Claimant alleges final order of Special Master not being followed by DOC staff. Hearing set for November 15, 2010. Claimant alleges final order of Special Master not being followed by DOC staff. Hearing set for September 20, 2010. Claimant alleges final order of Special Master not being followed by DOC staff. Hearing set for September 27, 2010. Claimant alleges final order of Special Master not being followed by DOC staff. Hearing set for October 25, 2010. Claimant alleges alleges final order not being followed by DOC staff and continued pattern of discrimination. Hearing set for October 4, 2010. Claimant alleges retaliation and failure to follow final order. Hearing set for September 27, 2010. Claimant alleges failure of DOC to comply with final order. Hearing date set for October 4, 2010. Claimant alleges final order not being complied with by DOC staff. Hearing set for September 7, 2010. Claimant alleges that DOC staff have not complied with final order of Special Master. Hearing set for September 7, 2010. Claimant alleges CDOC not complying with final order. Hearing set for September 7, 2010. Claimant alleges that DOC has not complied with final order. Hearing set for September 27, 2010. Claimant alleges failure to comply with final order by DOC staff. Hearing set for September 20, 2010. Claimant alleges CDOC has not complied with final order. Hearing set for September 7, 2010. Claimant alleges DOC has not complied with final order. Hearing set for September 20, 2010. Claimant alleges non-compliance with final order. 2

02-524

Philip Andrade

03-135

Mark Johnson

03-138

Kevin Mark Bretz

03-194

Hector MartinezJimenez

03-276 03-294 03-321

Michael Tivis Jackie Carr Jeffrey Harris

03-328

Henry Tafoya

03-334 03-335

Marty Bueno Keith Schwinaman

03-336 03-350 03-412 03-427

Gerry K. Kelly Charles Stroud Donald Revere Angela Thomas

Claim # 03-465

Claimant Allen Fistell

Hearing Date Hearing set for September 8, 2010. Claimant and class counsel allege DOC has not complied with final order. Hearing set for November 1, 2010. This is initial hearing on this claim. Hearing set for September 8, 2010. This is initial hearing on claim. Claimant presented sufficient basis to allow processing to continue despite Defendant's objections. Hearing set for October 4, 2010. Initial hearing to be held on claim in light of remand. Hearing set for September 8, 2010. This is initial hearing on claim. Claimant presented sufficient basis to allow processing to continue despite Defendant's objections.

03-479 03-480

Eldridge Griffin Daniel Hartley

03-481 03-482

Gustavo Osuna Richard Rice

Second or Third Claims Dismissed Sua Sponte: Following the issuance of the March 23, 2010 order, the following individuals filed a second or third claim, even though a previous claim had been filed and adjudicated by the Special Masters. All second or third claims have been dismissed sua sponte. Claim # 01-001 01-017 01-020 01-044 01-050 01-078 01-197 01-200 02-054 02-072 02-104 02-124 02-126 02-147 02-163 Claimant Brian Anderson Robert Brantner Terry Benavidez Melinda Martinez Robert Juarez Mark Ellis Daniel Martinez Michael Edmond Jeremy Ruybal Wayne Sloan Kenneth Jackson Donald Hunt Pete Maestas William Redding Joseph Alires Date Dismissed 5/7/10 5/14/10 5/7/10 5/7/10 5/14/10 5/21/10 4/23/10 5/14/10 5/7/10 5/14/10 5/7/10 5/7/10 5/7/10 5/7/10 5/14/10

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Claim # 02-172 02-182 02-271 02-272 02-301 02-379 02-497 02-525 02-568 02-610 02-718 02-726 02-732 02-742 02-803 02-838 02-875 02-880 02-884 02-914 03-007 03-009 03-033 03-040 03-052 03-060 03-082 03-131 03-149 03-151 03-155 03-157 03-162 03-167 03-171 03-173 03-189 03-205 03-211 03-215 03-237

Claimant Michael Southern Troy Moore Michael Windsor Kai Christman Terence Blount George Murphy Dorothy Soto Susan Beemer Mary Kay Condit Douglas Crawford Stephen Grace Franklin Kemp Craig Ralston Michael Mulligan Kenneth Armbeck Robert O'Dell Terry Jones Gilroy Vasquez Allen Spencer Asa Meek Timothy Moses Seth Reed Steve Garcia Leroy Baker Marvin Jenkins Alan Mount Arthur Montoya Martha Sharp Charles Parrish James Ross James O'Banion Thomas Snyder Robert Schwartz Sue Williams Paul Martinez Wellman Gibson David Martinez Maurice Juranek Matthew Mounts Gordon Reuell David Doremus

Date Dismissed 5/28/10 5/14/10 4/9/10 5/28/10 5/14/10 5/28/10 5/7/10 4/23/10 5/14/10 5/14/10 4/9/10 5/28/10 5/7/10 5/23/10 5/7/10 5/21/10 5/7/10 5/7/10 5/21/10 5/7/10 5/7/10 5/28/10 5/7/10 5/21/10 5/28/10 5/7/10 5/21/10 5/7/10 5/21/10 5/21/10 5/21/10 5/14/10 6/4/10 5/28/10 4/23/10 5/21/10 5/7/10 5/28/10 4/23/10 5/21/10 5/7/10 4

Claim # 03-239 03-244 03-273 03-281 03-286 03-320 03-339 03-356 03-363 03-377 03-387 03-404 03-426 03-428 03-437 03-438 03-441 03-444 03-448 03-449 03-451 03-461 03-463

Claimant Leonard Rogers John Claice David Mares Alice Randle Frederick Porter Walter Price Joseph Olmedo Justin Goetz James Henderson Ronald Cordova James Sibert Marcus Fowler Zina Jones Gregg Johnston John Hammond Albert Abeyta Ethel White Robert Whitaker George Marin Miguel Rodriguez Clinton Baskall Robert Balukas Dean Gates

Date Dismissed 5/7/10 5/21/10 6/4/10 5/7/10 5/14/10 5/7/10 5/28/10 5/28/10 5/7/10 5/7/10 5/14/10 5/14/10 4/30/10 5/21/10 4/23/10 4/23/10 4/30/10 5/21/10 5/21/10 5/14/10 5/21/10 5/14/10 5/7/10

X-File Claims Dismissed Sua Sponte: These claims were received after the issuance of the March 23, 2010 order. Most of the claims arrived after the mass mailing by class counsel. A total of 129 new first-time claims have been received since March 23, 2010. Claim # X-025 X-278 X-283 X-292 X-301 X-311 X-316 X-323 X-326 Claimant Kristen Peterson Jeffrey McIntyre Robert Landrum James Hunt Eric Robert David Watts Edward Spohr Tiffani Anderson John Garcia Date Dismissed 6/11/10 5/28/10 5/21/10 5/7/10 6/4/10 5/21/10 4/16/10 5/21/10 5/28/10 5

Claim # X-333 X-361 X-370 X-381 X-388 X-391 X-393 X-397 X-399 X-402 X-406 X-407 X-408 X-409 X-411 X-413 X-415 X-416 X-417 X-418 X-425 X-426 X-433 X-438 X-441 X-443 X-445 X-448 X-449 X-451 X-453 X-463 X-464 X-466 X-467 X-472 X-475 X-478 X-487 X-493 X-495

Claimant David Aragon Joshua Maes James Bertolo Thomas Tillery Mario Primaveri John Johnson Mark Hanson John O'Hara Edward Herrera Ira Roberts Frank Harper Kenneth Meadows Kelly Phillips Crystal Sierra-Garcia Andrew Greek Jefferson Owings Santos Torres Cheryl Trumbo Solomon Vigil Pamela Wherry Felix Jaquez Blane Marshall Edward Rodriguez James Sardakowski Anthony Wright Phillip Greening Robert Peterson Maria Lovato Miguel Rodriguez Mark Corzine Christopher Edwards Gardner Woodward William Black Rowdy Hickman Wade Holland Alfredo Barajas Thomas Johnson James Morgan Joseph Ellsworth Jose Zazueta Charles Robinson

Date Dismissed 5/7/10 5/28/10 5/7/10 4/2/10 5/14/10 4/2/10 4/23/10 4/23/10 6/4/10 4/23/10 4/23/10 4/23/10 4/23/10 4/23/10 5/7/10 5/7/10 5/19/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/14/10 5/28/10 5/14/10 5/14/10 5/14/10 5/28/10 5/28/10 5/28/10 5/28/10 5/28/10 5/28/10 6

Claim # X-497 X-498 X-499 X-500 X-505 X-509 X-513 X-514 X-518 X-519 X-520 X-521

Claimant Antonio Stancil Michael LaJeunesse Chris Martinez Michael Garnett Albert Valenzuela Richard Powell Dwayne Gregory Brice Thompson Terrence Redwine Isaac Garcia Farest Logan John DePue

Date Dismissed 5/28/10 5/28/10 5/28/10 6/4/10 5/28/10 5/28/10 6/4/10 6/4/10 6/4/10 6/11/10 6/11/10 6/11/10

Claims to be Processed: These claims have been filed by individuals who were in DOC custody on or before August 27, 2003. On claims that have raised a non-frivolous reason for late filing, Defendants have been granted the opportunity to file an objection to processing of the claim. This is pursuant to Judge Kane's order of September 1, 2009. In light of the compliance hearing, the first objections are not due from Defendants until mid-August, 2010. Claim # 02-254 02-600 03-129 03-168 03-217 03-325 03-332 03-344 03-419 03-470 X-184 X-389 X-395 X-396 X-398 X-400 X-401 X-403 Claimant David Hall Arthur Santistevan Jill Coit Cornelius Williams Willie Montoya Tom Wilsey Matthew Archuleta Jay Bailey William Cokley John Mosier Charles Armstrong Robert Riplie Perfecto Bernal Roger L. Dixon Michael R. Cabral Larry Morris James Rivera Steve Watson Next action on claim Awaiting further documents from Claimant Order to show cause issued to Claimant Order to show cause issued to Claimant Defendants granted time to file objection Awaiting further documents from Claimant Awaiting further documents from Claimant Order to show cause issued to Claimant Order to show cause issued to Claimant Order to show cause issued to Claimant Order to show cause issued to Claimant Order to show cause issued to Claimant Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection 7

Claim # X-404 X-405 X-410 X-412 X-414 X-419 X-420 X-421 X-422 X-423 X-424 X-427 X-428 X-429 X-430 X-431 X-432 X-434 X-435 X-436 X-437 X-439 X-440 X-442 X-444 X-446 X-447 X-450 X-452 X-454 X-455 X-456 X-457 X-458 X-459 X-460 X-461 X-462 X-465 X-468 X-469

Claimant Twyla Wilkerson Jose Fernandez Elaine Chavez Daryl Martin Joseph Perez Arden Pierre Lynn Scott Chris Williamson Robert Baillie William Baxter Robert Gallegos Robert Meyers Dennis Harper Albino Montoya Ralph Mooney Keith Morris Jeffrey Phillips Vu Tran George Espinal Danny Martinez Ross Morales Richard Trujillo Edward Williams Jason Conklin Gilbert Pacheco Albert Garza Lloyd Laxson Wayne Brunsilius Joseph Dreismeier Clovis Green Rodney Harless Jefferie Hocker Cordell Johnson Tony Million Algernon Nash Johnny Ornelas Donnie Russell Dale Wagenman Jessie Candie James Hunn Thomas Maddock

Next action on claim Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Awaiting further documents from Claimant Order to show cause issued to Claimant Awaiting further documents from Claimant Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Awaiting further documents from Claimant Order to show cause issued to Claimant Awaiting further documents from Claimant Defendants granted time to file objection 8

Claim # X-470 X-471 X-473 X-474 X-476 X-477 X-479 X-480 X-481 X-482 X-483 X-484 X-485 X-486 X-488 X-489 X-491 X-492 X-494 X-496 X-497 X-501 X-502 X-503 X-504 X-506 X-508 X-510 X-511 X-512 X-515 X-516 X-517 X-522 X-523 X-524

Claimant Charles Stout Robert Bacca Charles Burgess David Helton Fred Lucero Ralph Martinez Joseph Pena Celestino Quintana Jesse Roberts Anthony Sanchez Oliver Shaw Richard Sigala Robert Venne Lankford Wells Clyde Johnson William Coney Joseph Thomas Robert Ramirez Connie Powell Vincent Saldana Antonio Stancil Joe Landers D. Monroy Loera Joseph Ortega Daniel Saldivar Mike Schwirzinski Donald Mares Joseph Garcia Manuel Motta Ned Pace John Swiger Patrick Murphy David Davis Bradley Broswick Donald DeSalvo Raymond Salazar

Next action on claim Order to show cause issued to Claimant Defendants granted time to file objection Awaiting further documents from Claimant Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Awaiting further documents from Claimant Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Defendants granted time to file objection Awaiting further documents from Claimant Awaiting further documents from Claimant Defendants granted time to file objection Awaiting further documents from Claimant Order to show cause issued to Claimant Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Awaiting further documents from Claimant Defendants granted time to file objection Defendants granted time to file objection Awaiting further documents from Claimant Order to show cause issued to Claimant Defendants granted time to file objection Defendants granted time to file objection Order to show cause issued to Claimant Defendants granted time to file objection Defendants granted time to file objection Awaiting further documents from Claimant Defendants granted time to file objection Defendants granted time to file objection Awaiting review by Special Master Order to show cause issued to Claimant Order to show cause issued to Claimant

IT IS HEREBY ORDERED that this Report be filed with the Court reflecting the status of open claims that are pending before the Special Masters as of June 25, 2010. SIGNED this 25th day of June, 2010. 9

BY THE COURT: /s/ Richard M. Borchers ________________________________________ Richard M. Borchers Special Master Bruce D. Pringle Special Master Richard C. Davidson Special Master

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