- 1 - 607834

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-CV-2285-MSK-BNB

CENTER FOR LEGAL ADVOCACY, d/b/a

THE LEGAL CENTER FOR PEOPLE WITH 

DISABILITIES AND OLDER PEOPLE,

Plaintiff,

v.

REGGIE BICHA, 

in his official capacity as Executive Director 

of the Colorado Department of Human Services, and

TERESA A. BERNAL, 

in her official capacity as Interim Superintendent 

of the Colorado Mental Health Institute at Pueblo,

Defendants.

JOINT STATUS REPORT

Plaintiff, the Center for Legal Advocacy, d/b/a The Legal Center for People with 

Disabilities and Older People (the “Legal Center”), and Defendants Reggie Bicha, in his official 

capacity as Executive Director of the Colorado Department of Human Services, and Teresa A. 

Bernal, in her official capacity as Interim Superintendent of the Colorado Mental Health Institute 

at Pueblo, through their respective counsel, submit the following Joint Status Report concerning

pre-conference settlement discussion pursuant to the court’s November 22, 2011 order (Doc. No. 

26):

1. The Court entered an Order on November 22, 2011 setting a settlement 

conference for December 7, 2011, at 10:00 a.m. This Order required the parties to engage in preCase No. 1:11-cv-02285-NYW Document 29 filed 12/01/11 USDC Colorado pg 1 of 3
- 2 - 607834

conference settlement discussions to assure that the settlement conference would not be futile 

and to submit a joint status report to the Court on or before December 1, 2011. 

2. The Court subsequently entered a Minute Order dated November 28, 2011,

resetting the settlement conference for January 5, 2012, at 3:00 p.m. However, the parties are 

still obligated by the Court’s November 22, 2011 Order, which has not been vacated, to engage 

in pre-conference settlement discussions and submit a joint status report.

3. The parties have discussed the possibility for prompt settlement or resolution of 

this case on two occasions, at a meeting on September 9, 2011, and at their Rule 26(f) conference 

on October 19, 2011. The parties have jointly concluded based on these meetings, and hereby 

jointly represent to the Court, that they do not believe that the settlement conference to be 

conducted by the Court on January 5, 2012 will be futile.

4. Additionally, counsel for the parties will meet on December 21, 2011, to discuss 

substantively the possibilities for settlement.

DATED: December 1, 2011

Respectfully submitted,

JOHN W. SUTHERS

Attorney General

Alicia R. Calderón

/s/ _Alicia R. Calderón_____

First Assistant Attorney General

Tanya E. Smith

Assistant Attorney General

Case No. 1:11-cv-02285-NYW Document 29 filed 12/01/11 USDC Colorado pg 2 of 3
- 3 - 607834

Human Services Unit

States Services Section

1525 Sherman St., 7th Floor

Denver, CO 80203

(303) 866-5228

alicia.calderon@state.co.us

tanya.smith@state.co.us

Attorneys for Defendants Reggie Bicha and 

Teresa A. Bernal, in their official capacity 

only

Iris Eytan

/s/ Jason M. Lynch

Jason M. Lynch

Caleb Durling

REILLY POZNER LLP

1900 Sixteenth Street, Suite 1700

Denver, CO 80202

(303) 893-6100

ieytan@rplaw.com

jlynch@rplaw.com

cdurling@rplaw.com

Marcus Lock

/s/ Marcus J. Lock

WILDERSON LOCK & HILL LLC

525 North Main Street

Gunnison, CO 81230

(970) 641-1903

MLock@lawoftherockies.com

Chester R. Chapman

Mark J. Ivandick

THE LEGAL CENTER FOR PEOPLE WITH 

DISABILITIES

455 Sherman St., Suite 130

Denver, CO 80203

(303) 722-0300

rchapman@thelegalcenter.org

ivandick@thelegalcenter.org

Attorneys for Plaintiff Legal Center

Case No. 1:11-cv-02285-NYW Document 29 filed 12/01/11 USDC Colorado pg 3 of 3