Montez, et al v. Romer, et al

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, )

Montez, et al v. Romer, et al

Doc. 4766

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. ______________________________________________________________________________ AMENDED REPORT OF SPECIAL MASTERS ______________________________________________________________________________ The Special Masters do hereby submit this Report concerning claims that remain open as of July 23, 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. This amendment reflects orders to show cause that recently had been issued. Summary: 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 in which claimant has requested to re-open X-file claims awaiting further documents X-file and other claims awaiting responses to orders to show cause X-file claims in which Defendants have been given opportunity to object TOTAL CLAIMS REMAINING OPEN: 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.

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02-524

Philip Andrade

Dockets.Justia.com

Claim # 03-135

Claimant Mark Johnson

Hearing Date Hearing set for October 25, 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 20, 2010. Claimant alleges non-compliance with final order. 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. 2

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 03-427 03-465

Gerry D. Kelly Charles Stroud Angela Thomas Allen Fistell

03-479 03-480

Eldridge Griffin Daniel Hartley

Claim # 03-481

Claimant Gustavo Osuna

Hearing Date 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.

03-482

Richard Rice

Claims Being 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 # 02-600 03-129 03-168 03-264 03-419 X-389 X-395 X-396 X-398 X-400 X-403 X-405 X-410 X-412 X-414 X-420 X-421 X-422 X-423 X-427 X-428 X-429 Claimant Arthur Santistevan Jill Coit Cornelius Williams Sean Pearce William Cokley Robert Riplie Perfecto Bernal Roger L. Dixon Michael R. Cabral Larry Morris Steve Watson Jose Fernandez Elaine Chavez Daryl Martin Joseph Perez Lynn Scott Chris Williamson Robert Baillie Willie Baxter Robert Meyers Dennis Harpin Albino Montoya Next action on claim 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 to request to re-open claim 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 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 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 3

Claim # X-430 X-431 X-434 X-435 X-436 X-439 X-446 X-447 X-450 X-452 X-455 X-456 X-457 X-458 X-459 X-461 X-469 X-470 X-471 X-474 X-476 X-477 X-480 X-481 X-482 X-483 X-486 X-491 X-492 X-496 X-501 X-502 X-503 X-506 X-508 X-510 X-511 X-512 X-516 X-517 X-523 X-524

Claimant Ralph Mooney Keith Morris Vu Tran George Espinal Danny Martinez Richard Trujillo Albert Garza Lloyd Laxson Wayne Brunsilius Joseph Dreismeier Rodney Harless Jefferie Hocker Cordell Johnson Tony Million Algernon Nash Donnie Russell Thomas Maddock Charles Stout Robert Bacca David Helton Fred Lucero Ralph Martinez Celestino Quintana Jesse Roberts Anthony Sanchez Oliver Shaw Lankford Wells Joseph Thomas Robert Ramirez Vincent Saldana Joe Landers D. Monroy Loera Joseph Ortega Mike Schwirzinski Donald Mares Joseph Garcia Manuel Motta Ned Pace Patrick Murphy David Davis Donald DeSalvo Raymond Salazar

Next action on claim 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 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 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 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 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 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 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 Order to show cause issued to Claimant Order to show cause issued to Claimant 4

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 July 28, 2010. SIGNED this 26th day of July, 2010. 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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