Marks v. Colorado Department of Corrections et al

Filing 45

COURTROOM MINUTES for Motion Hearing held before Judge Richard P. Matsch on 1/22/2015. Mr. Lane's Oral Motion to Reconsider Ms. Godfrey's Confession on the Declaratory Relief Section of this Case is granted. Denying 19 CDOC Defendants&# 039; Motion to Dismiss. Mr. Stocker and Ms. Lockwood shall file answers to the first amended complaint on or before 2/5/2015. Granting 43 Plaintiff's Motion for Reconsideration of Order Dismissing Individual Claims Against Defendant Kristin Heath. A written order is forthcoming. FTR: K. Terasaki. (ebuch)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: Courtroom Deputy: FTR Technician: January 22, 2015 Emily Buchanan Kathy Terasaki Civil Action No. 14-cv-01577-RPM Counsel: NANCY MARKS, David Lane Plaintiff, v. COLORADO DEPARTMENT OF CORRECTIONS, JEFFERSON COUNTY CORRECTIONS BOARD, SUSAN KELLER, in her official capacity as Community Parole Officer, Colorado Department of Corrections, KRISTIN HEATH, in her official capacity as Program Director, Intervention Community Corrections Services, RICK RAEMISCH, in his official capacity as Executive Director Colorado Department of Corrections, INTERVENTION COMMUNITY CORRECTIONS SERVICES, INTERVENTION, INC., and JEFFERSON COUNTY BOARD OF COMMISSIONERS, Kristin Lockwood Thomas Stocker Defendants. COURTROOM MINUTES MOTION HEARING 2:55 p.m. Court in session. Before the Court today is CDOC Defendants’ Motion to Dismiss (Doc. No. 19). Discussion regarding named parties and not waiting for the County to appear before holding this hearing, Plaintiff’s Motion for Reconsideration of Order Dismissing Individual Claims Against Defendant Kristin Heath, Ms. Marks’s status today and her physical condition, Plaintiff’s claim against the State Defendants and relief requested, the parole officer not ensuring that a hearing was held by the County, which attorney will represent the County, and the scope of the ADA and Rehab Act as it applies to a private contractor who is not officially a governmental entity. Counsel answer questions of the Court. ORDERED: Mr. Lane’s Oral Motion to Reconsider Ms. Godfrey’s Confession on the Declaratory Relief Section of this Case is GRANTED. ORDERED: CDOC Defendants’ Motion to Dismiss (Doc. No. 19) is DENIED. ORDERED: Mr. Stocker and Ms. Lockwood shall file answers to the first amended complaint on or before February 5, 2015. ORDERED: Plaintiff’s Motion for Reconsideration of Order Dismissing Individual Claims Against Defendant Kristin Heath (Doc. No. 43) is GRANTED. A written order is forthcoming. 3:21 p.m. Court in recess. Hearing concluded. Total time: 26 min. 2

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