Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:02-cv-00651-RPM

Document 104

Filed 03/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-0651-RPM-MJW MARK SHOOK and DENNIS JONES, on behalf of themselves and all others similarly situated, Plaintiffs, and JAMES VAUGHAN, SHIRLEN MOSBY, THOMAS REINIG, and LOTTIE ELLIOTT, Intervenor-Plaintiffs, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO and TERRY MAKETA, in his official capacity as Sheriff of El Paso County, Defendants. REPLY IN SUPPORT OF PLAINTIFFS' AND INTERVENOR-PLAINTIFFS' MOTION TO SET SCHEDULING CONFERENCE

Plaintiffs and Intervenor-Plaintiffs submit their Reply in Support of Plaintiffs' and Intervenor-Plaintiffs' Motion to Set Scheduling Conference Defendants' response to the motion is to seek further delay, and to defer all activities required by the Federal rules until the certification issue is resolved. They proffer "informal discovery" as a substitute.1

The materials provided, while relevant, do not include the many documents vital to plaintiffs' case (incident reports as a single example). And, of course, the essential tools of discovery through Rules 30, 33, 34 and 36 remain unavailable.

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Case 1:02-cv-00651-RPM

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Plaintiffs and Intervenor-Plaintiffs object. This long-pending case should proceed as plainly contemplated by the Rules. It is at issue and long overdue for discovery and factual development. The timing of a ruling on class certification is unknown. At the very least, the reality is that the potential for continued injury to those incarcerated in the El Paso County Jail outweighs any burden which the defendants might experience simply by complying with the case management provisions of Rules 16 and 26. The motion should be granted and the case should be allowed to move forward.

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Case 1:02-cv-00651-RPM

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Respectfully submitted March 17, 2006. David C. Fathi Senior Staff Counsel The National Prison Project of the ACLU Foundation, Inc. 915 15th Street NW, 7th Floor Washington, D.C. 20005 Telephone: (202) 548-6609 E-mail: [email protected] Mark Silverstein Legal Director American Civil Liberties Union of Colorado 400 Corona Street Denver, Colorado 80218 Telephone: (303) 777-5482 E-mail: [email protected]

s/ Thomas S. Nichols Thomas S. Nichols DAVIS GRAHAM & STUBBS LLP In cooperation with the American Civil Liberties Union Foundation of Colorado 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 DC BOX 03 Telephone: (303) 892-9400 FAX: (303) 893-1379 E-mail: [email protected] Attorneys for Plaintiffs and Intervenor-Plaintiffs

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Case 1:02-cv-00651-RPM

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Filed 03/17/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 17th day of March, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Gordon L. Vaughan [email protected] Jay Allen Lauer [email protected] David C. Fathi [email protected] Mark Silverstein [email protected]

s/ Thomas S. Nichols Thomas S. Nichols Attorneys for Plaintiffs and Intervenor-Plaintiffs DAVIS GRAHAM & STUBBS LLP In cooperation with the American Civil Liberties Union Foundation of Colorado 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 DC BOX 03 Telephone: (303) 892-9400 FAX: (303) 893-1379 E-mail: [email protected]