Free Status Report - District Court of Colorado - Colorado

Case 1:00-cv-02555-JLK-BNB

Document 80

Filed 04/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02555-JLK-BNB PAMELA CLIFTON, Plaintiff, v. NURSE ILONA EUBANK, in her individual capacity; OFFICER DAWN ANAYA, in her individual capacity; and OFFICER IRIA WILKS, in her individual capacity, Defendants. ______________________________________________________________________________ STATUS REPORT PURSUANT TO COURT ORDER DATED APRIL 5, 2006 ______________________________________________________________________________ Defendants Ilona Eubank, Iria Wilks, and Dawn Anaya, by and through counsel, Hall & Evans, L.L.C., hereby submit this Status Report Pursuant to Court Order dated April 5, 2006, as follows: 1. On March 8, 2006, this Court issued an Order denying Defendants' Motion for

Summary Judgment, determining the PLRA's physical injury requirement did not bar Plaintiff's claims. [See Docket No. 68]. That ruling contains no mention of any other argument raised in Defendants' Motion for Summary Judgment. immunity argument raised by Defendants. In particular, no ruling is stated in regard to any [Id.]. Plaintiff's Motion to Recognize the

Constitutional and Human Rights of Prison Inmates in relation to Defendants argument concerning the PLRA was denied as moot. [Id.]. 2. On March 15, 2006, Defendants filed a Motion for Reconsideration of this

Court's March 8, 2006, based on Defendants' Motion for Summary Judgment raising multiple

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issues, including an entitlement to qualified immunity, not addressed in this Court's March 8, 2006, Order. [See Docket No. 71]. 3. On March 21, 2006, this Court ordered Plaintiff to respond to Defendants' Motion

for Reconsideration of this Court's March 8, 2006, Order on or before March 31, 2006. [ See Docket No. 73]. 4. On March 31, 2006, Plaintiff's submitted a Motion for Extension of Time to

Respond to Motion for Reconsideration. [See Docket No. 74]. 5. On April 4, 2006, Plaintiff filed a Response to Motion for Reconsideration. [ See

Docket No. 77]. 6. On April 5, 2006, the Court issued an Order granting, in part, Defendants' Motion

for Reconsideration. [ See Docket No. 79]. The Order required the parties to confer and file a Status Report with the Court indicating the potential for settlement and a proposed briefing schedule for the remaining issues raised in Defendants' Motion for Summary Judgment. [Id.]. 7. Following receipt of the Court Order, Defendants contacted Plaintiff and, in

regard to a proposed briefing schedule, was informed that due to Plaintiff's counsel's upcoming schedule, which includes three trials between now and June 2, 2006, Plaintiff would require up to and including June 19, 2006, to Respond to the remaining issues contained in Defendants' Motion for Summary Judgment. Defendants do not object to this request and further request

fifteen days to file a Reply, up to and including July 5, 2006. 8. Pursuant to a March 9, 2006, Minute Order, the parties, on March 23, 2006,

submitted Confidential Settlement Statements, containing specific offers of compromise, including the dollar amount each party will accept and pay in settlement and any other essential 2

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non-economic terms to Magistrate Judge Boyd N. Boland. As of the date of filing this Status Report, Magistrate Judge Boland has taken no action concerning the submission of the statements. 9. Additionally, upon corresponding with Plaintiff's counsel, Mari Newman, Esq.,

concerning this Status Report, it would appear that the possibility of settlement is remote at this juncture. WHEREFORE, for all of the foregoing reasons, Defendants respectfully submit this Status Report on behave of themselves and Plaintiff. Dated this 11th day of April 2006. Respectfully submitted,

s/ Edmund M. Kennedy Thomas J. Lyons, Esq. Edmund M. Kennedy Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202-2052 303-628-3300 303-628-3368 (fax) [email protected] [email protected] ATTORNEYS FOR DEFENDANTS ILONA EUBANK, OFFICER ANAYA, and OFFICER WILKS

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on this 11th day of April 2006, I electronically filed the foregoing STATUS REPORT PURSUANT TO COURT ORDER DATED APRIL 5, 2006 with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Marcel Krzystek [email protected] [email protected] David Arthur Lane [email protected] [email protected] Mari Anne Newman [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/EFC participants in the manner indicated by the non-participant's name: Marsha Edney, Esq. U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave N.W., #7148 Washington, DC 20530

s/Marlene Wilson, Legal Secretary to Thomas J. Lyons, Esq. Edmund M. Kennedy Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202-2052 303-628-3300 303-628-3368 (fax) [email protected] [email protected] ATTORNEYS FOR DEFENDANTS ILONA EUBANK, OFFICER ANAYA, and OFFICER WILKS

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