IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02285-NYW

CENTER FOR LEGAL ADVOCACY, d/b/a DISABILITY LAW COLORADO,

Plaintiff,

v.

REGGIE BICHA, in his official capacity as Executive Director of the Colorado Department of 

Human Services; and

JILL MARSHALL, in her official capacity as Superintendent of the Colorado Mental Health 

Institute at Pueblo,

Defendants.

MINUTE ORDER

Entered by Magistrate Judge Nina Y. Wang

This matter comes before the court on the issues raised by the Parties and the court during 

the Status Conference held on November 30, 2018. [#115]. The purpose of the Status Conference 

was to set a date for an evidentiary hearing on the enforcement of the Amended Settlement 

Agreement and to discuss discovery to be conducted prior to the evidentiary hearing. Having set 

a five-day evidentiary hearing to commence on March 18, 2019, the court ORDERS as follows:

(1) Plaintiff may serve up to fifteen (15) interrogatories, fifteen (15) requests for 

production; and fifteen (15) requests for admissions no later than December 7, 

2018;

1

 

1 At the Status Conference, Defendants sought the opportunity to serve discovery upon Plaintiff. 

This court respectfully declines to permit this discovery under Rule 26(b)(1) of the Federal Rules 

of Civil Procedure. The issues before the court in the forthcoming evidentiary hearing are 

(1) whether Defendants properly invoked Departmental Special Circumstances (“DSC”) in June 

and December 2017 and (2) to what relief is Plaintiff entitled for the breach of the Amended 

Settlement Agreement in June 2018, when Defendants continued to be out of compliance with the 

timeframe required for inpatient restoration services and did not invoke DSC. [#113]. In 

reviewing Defendants’ invocation of DSC dated June 22, 2017 [#96-2] and December 22, 2017 

[#96-2], this court finds no basis to determine that any action by Plaintiff contributed to the 

invocation of DSC or Defendants’ articulated plans to remedy DSC discussed in the June 22, 2017 

letter. Indeed, Defendants make no mention of any legislative action in the June 22, 2017 letter 

[#96-2], and post-December 22, 2017 legislative action appears irrelevant to the resolution of the 

DSC issue because Defendants did not invoke DSC after December 22, 2017.

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(2) Any disputes with respect to the scope of written discovery will be raised to the 

court through a Joint Status Report due December 14, 2018, and discussed during 

a Telephonic Status Conference for December 18, 2018 at 11:00 a.m.;

(3) Defendants will respond to the written discovery no later than January 9, 2019;

(4) Plaintiff may take up to three (3) depositions, to be completed no later than 

February 8, 2019; 

(5) Any Rule 30(b)(6) Notice for the deposition of the Colorado Department of Health 

and Human Services and/or the Colorado Mental Health Institute must be served 

no later than January 14, 2019; 

(6) Any disputes with respect to any Rule 30(b)(6) Notice(s) served will be raised by 

the Parties through a Joint Status Report no later than January 16, 2019, and 

discussed with the court during a Telephonic Status Conference set for January 

18, 2019 at 11:00 a.m.; and

(7) Defendants will submit to Plaintiff and the court “a plan to remedy the 

Departmental Special Circumstances, and the projected timeframe for resolution” 

as contemplated by Paragraph 6(c) of the Amended and Restated Settlement 

Agreement no later than December 14, 2018, including but not limited to 

addressing the status of the proposed Plans reflected in the June 22, 2017 and 

December 22, 2017 letters as they pertain to inpatient restoration programs. 

DATED: December 3, 2018

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