Scribd Logo
Upload

Welcome to Scribd!

  • 304 views

    Center For Legal Advocacy v. Reggie Bicha: Defendant's Response To Motion

    Uploaded by

    Michael_Lee_Roberts
    This document is a response by defendants Reggie Bicha and Jill Marshall to the plaintiff's motion to appoint a special master. The defendants agree that appointing a special master would help implement their plan to comply with the settlement agreement's timeframes for inpatient competency restoration treatment and assist the court. They agree to the appointment of Drs. Neil Gowensmith and Daniel Murrie of Groundswell Services as special masters. However, they request that the court narrow the scope of duties and provide more detail, as outlined in their Exhibit A, to avoid future disputes. The defendants do not object to the special master appointment or Groundswell serving in that role if the court orders the duties as they propose.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Center For Legal Advocacy v. Reggie Bicha: Defendant's Response To Motion

    Uploaded by

    Michael_Lee_Roberts
    304 views4 pages
    This document is a response by defendants Reggie Bicha and Jill Marshall to the plaintiff's motion to appoint a special master. The defendants agree that appointing a special master would help implement their plan to comply with the settlement agreement's timeframes for inpatient competency restoration treatment and assist the court. They agree to the appointment of Drs. Neil Gowensmith and Daniel Murrie of Groundswell Services as special masters. However, they request that the court narrow the scope of duties and provide more detail, as outlined in their Exhibit A, to avoid future disputes. The defendants do not object to the special master appointment or Groundswell serving in that role if the court orders the duties as they propose.

    Original Description:

    Center for Legal Advocacy v. Reggie Bicha: Defendant's Response to Motion

    Original Title

    Center for Legal Advocacy v. Reggie Bicha: Defendant's Response to Motion

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is a response by defendants Reggie Bicha and Jill Marshall to the plaintiff's motion to appoint a special master. The defendants agree that appointing a special master would help implement their plan to comply with the settlement agreement's timeframes for inpatient competency restoration treatment and assist the court. They agree to the appointment of Drs. Neil Gowensmith and Daniel Murrie of Groundswell Services as special masters. However, they request that the court narrow the scope of duties and provide more detail, as outlined in their Exhibit A, to avoid future disputes. The defendants do not object to the special master appointment or Groundswell serving in that role if the court orders the duties as they propose.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    304 views4 pages

    Center For Legal Advocacy v. Reggie Bicha: Defendant's Response To Motion

    Uploaded by

    Michael_Lee_Roberts
    This document is a response by defendants Reggie Bicha and Jill Marshall to the plaintiff's motion to appoint a special master. The defendants agree that appointing a special master would help implement their plan to comply with the settlement agreement's timeframes for inpatient competency restoration treatment and assist the court. They agree to the appointment of Drs. Neil Gowensmith and Daniel Murrie of Groundswell Services as special masters. However, they request that the court narrow the scope of duties and provide more detail, as outlined in their Exhibit A, to avoid future disputes. The defendants do not object to the special master appointment or Groundswell serving in that role if the court orders the duties as they propose.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4
    At a glance
    Powered by AI
    The document discusses the appointment of a special master to assist in implementing a plan to address compliance with treatment timeframes for competency restoration and to assist the court in addressing complex issues in the case.

    The defendants agree that appointing a special master would be valuable to assist the department in implementing its plan and the court in addressing technical issues.

    The parties agree to the appointment of Drs. Neil Gowensmith and Daniel Murrie as special master. However, the defendants want the court to impose more detailed duties while the plaintiff's proposed duties lack precision.

    Case 1:11-cv-02285-NYW Document 118 Filed 12/13/18 USDC Colorado Page 1 of 4

    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.

    DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR


    APPOINTMENT OF SPECIAL MASTER

    Defendants Reggie Bicha and Jill Marshall hereby respond to Plaintiff’s

    Motion for Appointment of Special Master, and state:

    1. Defendants agree that the appointment of a special master in this case

    would be valuable, both to assist the Department in implementing its plan to

    address compliance with the Settlement Agreement timeframes concerning

    inpatient competency restoration treatment, and to assist the Court in addressing

    the complex and technical issues in this case.

    1
    Case 1:11-cv-02285-NYW Document 118 Filed 12/13/18 USDC Colorado Page 2 of 4

    2. Defendants also agree to the appointment of Drs. Neil Gowensmith

    and Daniel Murrie of Groundswell Services, Inc.

    3. However, Defendants respectfully request the Court narrow the scope

    of Groundswell’s appointment, and impose more detailed duties than those listed in

    paragraph 13 of the Motion for Appointment of Special Master (Dkt. 117) and

    proposed in Plaintiff’s Exhibit 8 (Dkt. 117-8). The Department generally agrees with

    the majority of Plaintiff’s proposed duties, but believes precision and detail are

    essential, in order to ensure the parties and special master are sufficiently informed

    as to the special master’s duties and authority. See Fed. R. Civ. P. 53(b)(2).

    Imprecision could lead to avoidable future disputes concerning such duties and

    authority, which could create an unnecessary distraction from the issues which

    require the parties’ and special master’s attention. Defendants have created a list of

    proposed duties of the special master, attached here as Exhibit A.

    4. Defendants’ proposed list of duties are greatly similar to those

    proposed by Groundswell through the Plaintiff; Defendants have mostly added

    clarifying details. Defendants agree to pay for the services of the special master,

    provided the duties of the Independent Consultant are stayed as proposed in

    Plaintiff’s Exhibit 8 and Defendants’ Exhibit A, and the duties and duration of the

    special master are adopted as outlined in Exhibit A.

    5. Defendants request that the duration of the Court’s appointment of a

    special master continue until the Department has maintained compliance with the

    2
    Case 1:11-cv-02285-NYW Document 118 Filed 12/13/18 USDC Colorado Page 3 of 4

    Settlement Agreement timeframes concerning inpatient competency restoration

    services for three months. Defendants propose that, if Plaintiff objects to

    termination of the appointment at the expiration of such period, Plaintiff could file

    a motion seeking extension of the duration of the special master’s engagement, upon

    good cause shown.

    6. In sum, Defendants do not object to the appointment of the special

    master, or to Groundswell Services, Inc. to serve as such special masters, but

    request the Court order his or her duties as proposed by Defendants.

    CYNTHIA H. COFFMAN
    Attorney General

    s/ Tanya E. Wheeler
    TANYA E. WHEELER, 37089*
    First Assistant Attorney General
    ELIZABETH J. MCCARTHY, 37799*
    Senior Assistant Attorney General
    SARAH RICHELSON, 50946*
    Assistant Attorney General
    ANN POGUE, 43137*
    Assistant Attorney General
    State Services Section
    1300 Broadway, 6th Floor
    Denver, CO 80203
    Telephone: (720) 508-6151
    FAX: (720) 508-6041
    Email: [email protected]
    [email protected]
    [email protected]
    [email protected]

    *Counsel of Record
    Attorneys for Defendants

    3
    Case 1:11-cv-02285-NYW Document 118 Filed 12/13/18 USDC Colorado Page 4 of 4

    CERTIFICATE OF SERVICE (CM/ECF)

    The undersigned hereby certifies that on this 13th day of December, 2018, a

    true and correct copy of this DEFENDANTS’ RESPONSE TO PLAINTIFF’S

    MOTION FOR APPOINTMENT OF SPECIAL MASTER, was electronically

    filed with the Clerk of the Court using the CM/ECF system, which will send

    notification of such filing to the following e-mail addresses:

    Caleb Durling Iris Eytan


    FOX ROTHSCHILD LLP EYTAN NIELSEN LLC
    1225 17th Street 3200 Cherry Creek South Drive
    Suite 2200 Denver, CO 80209
    Denver, CO 80202 Telephone: 720-440-8155
    Telephone: 303-945-7415 Facsimile: 720-440-8156
    Facsimile: 303-974-7468 Email: [email protected]
    Email: [email protected]

    Ellie Lockwood Mark J. Ivandick


    Timothy P. Scalo Jennifer Purrington
    SNELL AND WILMER LLP DISABILITY LAW COLORADO
    1200 Seventeenth Street, Suite 1900 455 Sherman St., Ste. 130
    Denver, CO 80202 Denver, CO 80203
    Telephone: 303-634-2000 Telephone: 303-722-0300
    Facsimile: 303-634-2020 Facsimile: 303-722-0720
    Email: [email protected] Email:[email protected]

    /s/Julia Wiggins

    You might also like