Ulibarri et al v. Denver, Colorado, The City and County of et al

Filing 334

ORDER (1) DIRECTING PARTIES TO FILE JOINT STATUS REPORT AND (2) SETTING CASE FOR TRIAL. Joint Status Report shall be filed on or before 9/30/2011. The parties are advised that this case is set for a jury trial commencing at 8:00a.m. on March 12, 2012. The Court has set aside three weeks to conduct the trial. A more comprehensive schedule will be issued once the Court receives the Joint Status Report. By Senior Judge Ortrie D. Smith on 8/24/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
DEBBIE ULIBARRI, et al.,
Plaintiffs,
vs.
CITY & COUNTY OF DENVER, et al.,
Defendants.

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Case No. 07-CV-1814-ODS

ORDER (1) DIRECTING PARTIES TO FILE JOINT STATUS REPORT AND (2)
SETTING CASE FOR TRIAL
The Court has begun reviewing the Record in an effort to familiarize itself with
this case, paying particular attention to Judge Miller’s Orders of September 30, 2010,
and June 28, 2011. From its review, the Court has gleaned the following:
1.

The only remaining Defendant is the City and County of Denver.

2.

The Estate of Shawn Vigil (“Vigil’s Estate”) has claims
a.

based on the ADA and the Rehabilitation Act, related solely to Vigil’s
detention and death,

b.

based on negligence (including negligent failure to train or supervise)
related to Vigil’s treatment during detention and his subsequent suicide.

3.

Roger Krebs has claims based on the ADA and Rehabilitation Act relating solely
to the manner in which his arraignment was conducted.

4.

Sarah Burke has claims based on the ADA and Rehabilitation Act relating to
actions taken during her arrest and the manner in which her release from custody
was handled (but no claims based on her treatment while she was at the PreArraignment Detention Facility).

5.

Debbie Ulibarri (Vigil’s mother) has a claim for wrongful death.

6.

The individual plaintiffs may seek monetary relief, but are not eligible to seek
injunctive relief.

6.

Colorado Cross-Disability Coalition (“CCDC”) and the Colorado Association of
the Deaf (“CAD”) have standing to seek injunctive relief under the ADA and the
Rehabilitation Act.

7.

Logically, the scope of injunctive relief that may be sought should be limited to
relief related to the individual plaintiff’s surviving claims. The Court reaches this
conclusion because there are no claims asserted independently by CCDC or
CAD. However, the Court finds no prior order specifying this point.

8.

Pretrial discovery has been completed, dispositive and Daubert-related motions
have been ruled, and there are no pending motions. The case, then, is
essentially ready for trial.

The parties are directed to meet, confer, and prepare a Joint Status Report
indicating the extent to which they agree or disagree with the Court’s summary of the
case’s status. To the extent the parties do not agree with each other, the Joint Status
Report shall summarize each party’s position on the issue. The Joint Status Report
shall be filed on or before September 30, 2011.
The parties are advised that this case is set for a jury trial commencing at 8:00
a.m. on March 12, 2012. The Court has set aside three weeks to conduct the trial. A
more comprehensive schedule will be issued once the Court receives the Joint Status
Report.
IT IS SO ORDERED.

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: August 24, 2011

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