Free Motion for Hearing/Conference - District Court of Colorado - Colorado

Case 1:02-cv-00651-RPM

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Filed 02/27/2006

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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. PLAINTIFFS' AND INTERVENOR-PLAINTIFFS' MOTION TO SET SCHEDULING CONFERENCE AND TO DIRECT THE PARTIES TO CONFER PURSUANT TO D.C.COLO. LCIVR. 16.1

Plaintiffs and Intervenor-Plaintiffs move the Court to set a scheduling conference and to direct the parties to meet and confer prior to such conference pursuant to D.C.COLO. LCivR. 16.1. The grounds for this Motion are as follows: 1. This is an injunctive class action alleging that the defendants are, on a continuing

and systemic basis, failing to provide adequately for the serious mental health needs of the plaintiffs and the putative class during their incarceration in the El Paso County Jail ("Jail"). The

Case 1:02-cv-00651-RPM

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actions and inactions of defendants have a daily injurious impact on many prisoners, including many pretrial detainees not convicted of any offense. Plaintiffs and Intervenor-Plaintiffs contend that the problems and wrongful actions of the defendants identified in the original Class Action Complaint for Injunctive and Declaratory Relief and the subsequent complaints in intervention remain significant and continuing, and merit the attention of the Court. 2. May 27, 2005. 3. Plaintiffs' and Intervenor-Plaintiffs' Motion for Class Certification, filed June 17, The case is at issue, with answers having been filed on January 10, 2005 and

2005, is fully briefed and pending. 4. A motion similar to the present motion was filed at an early stage of the case, on

August 7, 2002. By order of August 30, 2002, that motion was denied on the ground that dispositive motions were then pending. No such dispositive motions are before the Court at this time. 5. It is now "as soon as practicable" as provided in Rule 16(b), and beyond the

deadlines of Rule 16(b), for a Rule 26(f) conference to be held and a scheduling order to be entered. 6. The actions requested of defendants by this motion are not unduly burdensome,

and if carried out promptly could have a material beneficial impact on the progress of the case. It benefits all parties to have the case move forward, and the meet and confer procedures of D.C.COLO. LCivR. 16.1 are important steps toward resolution of the case. 7. Counsel for Plaintiffs and Intervenor-Plaintiffs has conferred with counsel for

defendants, who oppose this motion.

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Dated: February 27, 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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CERTIFICATE OF SERVICE I hereby certify that on this 27th day of February, 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]