Case: Atwell v. Denver Health and Hospital Authority

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT against Patricia Gabow, Denver Health, Patricia (I) Gabow ( Filing fee $ 350, Receipt Number E117530) Summons issued, filed by Renee Atwell. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(llr, ) (Entered: 11/13/2006)

CERTIFICATE of Mailing/Service proof of service of instructions re D.C.COLO.LCivR 72.2 by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 11/13/2006)

MEMORANDUM RETURNING CASE by Judge Matsch advising case to be reassigned to another judge. (llr, ) (Entered: 11/14/2006)

LETTER REASSIGNING CASE. Case reassigned to Judge John L. Kane for all further proceedings. Judge Richard P. Matsch is no longer assigned to case. (llr, ) (Entered: 11/14/2006)

MOTION to Dismiss by Defendants Patricia Gabow, Patricia Gabow in her individual capacity and Denver Health. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Johnson, Brent) Modified on 1/22/2007 to add 3rd filer. (gms, ). (Entered: 01/19/2007)

MINUTE ORDER re: 5 MOTION to Dismiss filed by Defendant, Plaintiff shall respond by 02/08/07; defendants shall reply by 02/23/07 by Judge John L. Kane on 01/19/07. (jjh, ) (Entered: 01/19/2007)

Docket Annotation re: 5 MOTION to Dismiss. This docket entry was modified to add the 3rd filer. Text only entry − no document attached. (gms, ) (Entered: 01/22/2007)

NOTICE of Entry of Appearance by Gregory Alan Hall on behalf of Renee Atwell (Hall, Gregory) (Entered: 01/24/2007)

RESPONSE to Motion re 5 MOTION to Dismiss filed by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit correspondence)(Sulton, Anne) (Entered: 02/08/2007)

First MOTION to Amend/Correct/Modify complaint 1 by Plaintiff Renee Atwell. (Attachments: # 1 Proposed Document first amended complaint (class action))(Sulton, Anne) Modified on 2/14/2007 to create linkage (gms, ). (Entered: 02/13/2007)

Docket Annotation re: 10 First MOTION to Amend/Correct/Modify complaint. This docket entry was modified to create a linkage to Doc #1. Text only entry − no document attached. (gms, ) (Entered: 02/14/2007)

MINUTE ORDER granting 10 Motion to Amend Complaint; Denying as moot 5 Dfts Motion to Dismiss; by Judge John L. Kane on 2/16/07.(erv, )

FIRST AMENDED COMPLAINT against Patricia Gabow, Denver Health, Patricia (I) Gabow, filed by Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Renee Atwell.(erv, ) (Entered: 02/16/2007)

STIPULATION for Extension of Time for Defendants to Respond to First Amended Complaint by Defendants Patricia Gabow, Patricia (I) Gabow, Denver Health. (Johnson, Brent) Modified on 2/27/2007 to add Ms. Gabow in individual capacity as filer. (gmssl, ). (Entered: 02/26/2007)

Utility Setting/Resetting Deadlines/Hearings: Patricia Gabow answer due 3/26/2007; Denver Health answer due 3/26/2007; Patricia (I) Gabow answer due 3/26/2007, pursuant to the stipulation filed this date. Text only entry − no document attached. (gms, ) (Entered: 02/27/2007)

MOTION to Dismiss First Amended Complaint by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Johnson, Brent) (Entered: 03/26/2007)

MINUTE ORDER Plaintiffs shall respond to Defendants Motion to Dismiss First Amended Complaint (doc. #17), filed March 26, 2007, on or before April 16, 2007; defendants shall reply on or before April 30, 2007 by Judge John L. Kane on 03/26/07. (jjh, ) (Entered: 03/26/2007)

BRIEF in Opposition re 17 MOTION to Dismiss First Amended Complaint filed by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 04/16/2007)

BRIEF in Support re 17 MOTION to Dismiss First Amended Complaint filed by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A)(Johnson, Brent) (Entered: 04/30/2007)

SURREPLY re 17 MOTION to Dismiss First Amended Complaint plaintiffs' request to file this very short supplement to their response in opposition to defendants' motion to dismiss filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit atwell ccrd complaint)(Sulton, Anne) (Entered: 05/03/2007)

ORDER Granting Motion to Supplement 21 and setting Oral Argument on Motion to Dismiss for 5/31/2007 10:00 AM in Courtroom A 802 before Judge John L. Kane. Signed by Judge John L. Kane on 05/09/07. (jjh, )

BRIEF re 22 Order, Set/Reset Hearings request to file this brief in addition to appearing at oral argument given issues raised by court in its order by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit ridgeway eeoc complaint# 2 Exhibit gomez eeoc complaint# 3 Exhibit unpublished decision in villalpando v. denver health)(Sulton, Anne) (Entered: 05/31/2007)

Minute Entry − Courtroom Minutes for Hearing on Motion to Dismiss held before Judge John L. Kane on 5/31/2007. ORDERED: Plaintiffs Attorneys Request Permission to File This Brief (Doc. 23) is granted. Plaintiffs may file certain documents within ten days, as set forth on the record. Thereafter, defendants may file a reply to the brief and documents within ten days. Matter is submitted. (Court Reporter Darlene Martinez) (lbush) (Entered: 05/31/2007)

TRANSCRIPT of Motions Hearing held on 05/31/07 before Judge Kane. Pages: 1−16. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital−audio taped record, the courtroom deputy for the judicial officer. (Martinez, Darlene) (Entered: 06/01/2007)

Exhibits in Support of 24 Oral Argument Hearing, 23 Brief, supplement thereto by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit info dh sent to ccrd re atwell's ccrd/eeoc complaint# 2 Exhibit sulton interview notes# 3 Exhibit emails re dh employee complaints# 4 Exhibit memo re gabow policy directive# 5 Exhibit dh doc showing atwell top $ producer# 6 Exhibit atwell 2003 job evaluation# 7 Exhibit atwell job evaluation 2005# 8 Exhibit non−white denist wrong person on bus# 9 Exhibit genesis of right person on bus# 10 Exhibit formal job evaluation penalizes complaining employees# 11 Exhibit no affirmative action plan# 12 Exhibit dh executive staff involved in all terminations# 13 Exhibit gabow interview re dna remark# 14 Exhibit dh info sent to ccrd# 15 Exhibit court cases naming gabow# 16 Exhibit sulton letter to gabow 8/3/05# 17 Exhibit sulton letter to gabow 8/4/05# 18 Exhibit dh eeo finding re atwell office# 19 Exhibit atwell complaint about nurse as her supervisor# 20 Exhibit dh doc prohibiting employee complaints before board# 21 Exhibit typical dh board agenda# 22 Exhibit atwell ccrd right to sue letter# 23 Exhibit atwell eeoc right to sue letter# 24 Exhibit june 1 2007 eeoc letter re hochberg)(Sulton, Anne) (Entered: 06/10/2007)

MINUTE ORDER With regard to Doc. #27, Plaintiff shall submit the original Greg Hall interview notes together with an affidavit at to their authenticity, veracity and when they were made no later than 06/22/07 by Judge John L. Kane on 06/18/07. (jjh, ) (Entered: 06/18/2007)

RESPONSE to 28 Order, PLAINTIFFS RESPONSE TO COURTS JUNE 18, 2007 ORDER AND REQUEST TO FILE UNDER SEAL FOR IN CAMERA REVIEW OF CONFIDENTIAL OR PRIVILEGED INFORMATION by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Affidavit Affidavit of Attorney Gregory A. Hall)(Hall, Gregory) (Entered: 06/20/2007)

Unopposed MOTION For Extension of Time to Respond to Documents Submitted by Plaintiffs by Defendants Patricia Gabow, Patricia (I) Gabow. (Johnson, Brent) (Entered: 06/22/2007)

Minute ORDER Denying Plaintiff's Request to File Under Seal for In Camera Review (doc. 29). Order granting Defendant's Unopposed 30 Motion for Extension of Time to Respond to Documents Submitted by Plaintiffs by 07/02/07 by Judge John L. Kane on 06/25/07.(jjh, ) (Entered: 06/26/2007)

MOTION for Recusal by Plaintiff Renee Atwell. (Attachments: # 1 Affidavit attorney anne t. sulton affidavit# 2 Exhibit email to sulton from plaintiff hochberg)(Sulton, Anne) (Entered: 06/29/2007)

BRIEF in Support re 32 MOTION for Recusal filed by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 07/01/2007)

BRIEF in Support re 32 MOTION for Recusal affidavit of art atwell re his observation of may 31, 2007 hearing filed by Plaintiff Renee Atwell. (Sulton, Anne) (Entered: 07/02/2007)

MINUTE ORDER Defendants shall respond to Plaintiff's Motion for Recusal (doc. 32) by 07/13/07 by Judge John L. Kane on 07/02/07. (jjh, ) (Entered: 07/02/2007)

RESPONSE to 26 Exhibits 29 Response, 23 Brief, 27 Exhibits by Defendant Patricia Gabow. (Attachments: # 1 Continuation of Main Document Britton v Car Toys class action decision)(Johnson, Brent) Modified on 7/3/2007 to clean up docket entry(jjh, ). (Entered: 07/02/2007)

RESPONSE to Motion re 32 MOTION for Recusal filed by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A)(Johnson, Brent) (Entered: 07/13/2007)

ORDER DENYING Attorney Anne T. Sulton's 32 Motion for Recusal. Defendants' request for attorney fees incurred in responding to this Motion is DENIED WITHOUT PREJUDICE. Signed by Judge John L. Kane on 7/27/07.(mrs, )

NOTICE from USCA re: A petition for extraordinary writ (mandamus) was docketed today, filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg (bjrsl, ) (Entered: 08/06/2007)

ORDER from USCA re: 39 Notice of a mandamus filed by Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Renee Atwell: Upon consideration of petitioners' filing the panel has determined that a response would aid its decision. The district court is invited to respond, if it wishes to do so. Responses should be filed within 30 days of this order. USCA case no. 07-1312. (bjr, )

MOTION to Consolidate Cases 07−cv−02063 into Civil Action No. 06−cv−02262 by Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Johnson, Brent) (Entered: 10/05/2007)

RESPONSE to Motion re 41 MOTION to Consolidate Cases 07−cv−02063 into Civil Action No. 06−cv−02262 filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit email communication between counsel for the parties)(Sulton, Anne) (Entered:

ORDER granting 41 Motion to Consolidate Civil Action No. 07-cv-02063-MSK into civil action No. 06-cv-02262. Signed by Judge John L. Kane on 10/10/07.(jjh, )

AMENDED 28 Order, AMENDED RESPONSE TO JUNE 18, 2007 ORDER by Plaintiff Renee Atwell. (Attachments: # 1 Affidavit Hall's Affidavit, # 2 Exhibit Exhibit 1 − Phone Log, # 3 Exhibit Exhibit 2 − Outlook Profiles, # 4 Exhibit Exhibit 3 − Timeslip Entries)(Hall, Gregory) (Entered: 10/22/2007)

MOTION to Dismiss Amended Complaint Filed by Plaintiffs Gomez, Ridgeway, Gordon and Moore in Consolidated Case 07−CV−2063 by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendant Wendy Alexander, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Johnson, Brent) (Entered: 10/24/2007)

USCA ORDER re original proceeding in the nature of mandamus. The mandamus petition is denied insofar as it rquests that this court prohibit production of the original Gregory Hall interview notes re interviews with Kathryn Davies, Karen Talley, Terry Herbert and Hossein Daneshpour. The mandamus petition is granted inso far as it requests that this court prohibit productionof the original Gregory Hall interview notes for all other non-party interviewees. USCA case no. 07-1312. (Attachments: # 1 Letter)(bjr2, )

1 Letter

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BRIEF in Opposition re 45 MOTION to Dismiss Amended Complaint Filed by Plaintiffs Gomez, Ridgeway, Gordon and Moore in Consolidated Case 07−CV−2063 filed by Consol Plaintiff Odin Gomez, Cathie Gordon, Katie Moore, and Mekela Ridgeway. (Sulton, Anne) Modified on 11/19/2007 to add filers (sss, ). (Entered: 11/16/2007)

Docket Annotation re: 47 Brief in Opposition to Motion. Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 11/19/2007)

RESPONSE to 28 Order, SECOND AMENDED RESPONSE by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Affidavit Gregory A. Hall's Affidavit, # 2 Exhibit Ex 1 − Hall's Phone Notes, # 3 Exhibit Ex 2 − Hall's Outlook Profiles, # 4 Exhibit Ex 3 − Hall's Timeslips)(Hall, Gregory) (Entered: 11/23/2007)

MINUTE ORDER: In accordance with the Tenth Circuit Court of Appeals 46 Order, Plaintiffs in 06−cv−2262 shall submit the original Gregory Hall interview notes on or before 12/6/07, by Judge John L. Kane on 11/29/07. (sss, ) (Entered: 11/29/2007)

MOTION for Extension of Time to File Response/Reply Brief in Consolidated Case 07−CV−2063 to Motion 45 to Dismiss by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendants Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Johnson, Brent) Modified on 12/4/2007 to create linkage (sss, ). (Entered: 11/30/2007)

Docket Annotation re: 51 MOTION for Extension of Time to File Response/Reply Brief in Consolidated Case 07−CV−2063. Docket entry modified to create linkage. Text only entry − no document attached (sss, ) (Entered: 12/04/2007)

MINUTE ORDER: Plaintiff shall file response to Defendants' 51 MOTION for Four−Day Extension of Time to File Reply Brief in Consolidated Case 07−cv−2063 by 12/6/07, by Judge John L. Kane on 12/4/07. (sss, ) (Entered: 12/04/2007)

RESPONSE to Motion re 51 MOTION for Extension of Time to File Response/Reply Brief in Consolidated Case 07−CV−2063 Gomez et al v. Gabow et al and filed on behalf of all Plaintiffs filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit E−mails re previous extension requests, # 2 Exhibit website pages from fwlaw.com)(Sulton, Anne) (Entered: 12/05/2007)

ORDER: Oral Argument set for 1/10/2008 10:00 AM in Courtroom A 802 before Judge John L. Kane. Signed by Judge John L. Kane on 12/5/07. (sss, )

REPLY to Response to Motion re 45 MOTION to Dismiss Amended Complaint Filed by Plaintiffs Gomez, Ridgeway, Gordon and Moore in Consolidated Case 07−CV−2063 filed by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendants Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Johnson, Brent) (Entered: 12/07/2007)

MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Attachments: # 1 Affidavit Anne Sulton, # 2 Affidavit Odin Gomez Affidavit 1/6/08, # 3 Affidavit Odin Gomez EEOC, # 4 Affidavit Mekela Ridgeway EEOC, # 5 Exhibit DH Board Agenda, # 6 Exhibit DH Organizational Chart, # 7 Exhibit Gabow Policies, # 8 Exhibit Commonwealth Fund Report excerpt, # 9 Exhibit DH nurse evaluation form, # 10 Exhibit DH evaluation form for psychologists, # 11 Exhibit DH job application form from website, # 12 Exhibit Atwell right to sue letter, # 13 Exhibit DH attorney Green letter to CCRD)(Sulton, Anne) Modified on 1/8/2008 to add filers (sss, ). (Entered: 01/07/2008)

MINUTE ORDER: Oral argument set for 1/10/2008 is vacated. Defendant shall respond to 58 MOTION to Certify Class on or before 1/28/2008. Plaintiff shall reply on or before 2/8/2008, by Judge John L. Kane on 1/7/08. (sss, ) (Entered: 01/07/2008)

Docket Annotation re: 58 MOTION to Certify Class. Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 01/08/2008)

NOTICE of Entry of Appearance by Andrew Wayne Volin on behalf of all defendants (Volin, Andrew) (Entered: 01/28/2008)

NOTICE of Entry of Appearance by Theodore Alan Olsen on behalf of all defendants (Olsen, Theodore) (Entered: 01/28/2008)

BRIEF in Opposition re 58 MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs filed by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Consol Cross Defendants Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit E−1, # 7 Exhibit E−2, # 8 Exhibit E−3, # 9 Exhibit E−4, # 10 Exhibit E−5, # 11 Exhibit E−6, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N)(Johnson, Brent) (Entered: 01/28/2008)

ERRATA re 63 Brief in Opposition to Motion,,, for Class Certification by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Exhibit P−1)(Johnson, Brent) (Entered: 02/07/2008)

REPLY to Response to Motion re 58 MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Attachments: # 1 Exhibit Gomez talent plus scores, # 2 Affidavit Terry Lee, # 3 Exhibit Attachment to Terry Lee Affidavit)(Sulton, Anne) Modified on 2/12/2008 to add filers (sss, ). (Entered: 02/08/2008)

Affidavit of Katie Moore (REPLY) in support of 65 Reply filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Sulton, Anne) Modified on 2/12/2008 to clarify docket entry as attached pdf is only an affidavit, to delete linkage to Motion to Certify Class, add linkage to Reply to Motion to Certify Class, and to add filers (sss, ). (Entered: 02/08/2008)

Affidavits bearing original signatures and clearer copy of the exbihit attached to Terry Lee's affidavit (REPLY) in support of 65 Reply filed by Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg, Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore. (Attachments: # 1 Exhibit attachment to Terry Lee's affidavit 2 8 2008, # 2 Affidavit Katie Moore with signature page)(Sulton, Anne) Modified on 2/12/2008 to clarify docket entry as attached PDFs are not the reply brief, to add linkage to Reply, to remove linkage to Motion to Certify Class, and to add filers (sss, ). (Entered: 02/10/2008)

Docket Annotation re: 65 Reply to Response to Motion. Docket entry modified to add filers. 66 Reply to Response to Motion and 67 Reply to Response to Motion. Docket entries modified clarify docket titles as attached PDFs are not the reply brief, to add linkage to Reply, to remove linkage to Motion to Certify Class, and to add filers. Text only entry − no document attached (sss, ) (Entered: 02/12/2008)

Unopposed MOTION to Supplement 63 Brief in Opposition to Motion by Consol Defendant Denver Health and Hospital Authority, Patricia Gabow, Denver Health, Greg Rossman, Wendy Alexander. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2 Attachment to Supplement, # 3 Proposed Order (PDF Only) Proposed Order)(Olsen, Theodore) Modified on 2/19/2008 to add filers (sss, ). (Entered: 02/15/2008)

REPLY to Response to Motion re 58 MOTION to Certify Class as one single class action in this consolidated case and filed on behalf of all eight plaintiffs Plaintiffs' Reply to Defendants' Supplemental Response to Plaintiffs' Motion for Class Certification filed by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg. (Attachments: # 1 Exhibit Talent Plus questions)(Sulton, Anne) (Entered: 02/19/2008)

Docket Annotation re: 69 Unopposed MOTION to Supplement 63 Brief in Opposition to Motion. Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 02/19/2008)

MINUTE ORDER granting Defendants' 69 Unopposed Motion for Leave to File Supplement to Response in Opposition to Plaintiffs' Motion for Class Certification. The Supplemental Response is accepted for filing, by Judge John L. Kane on 2/28/08.(sss, ) (Entered: 02/28/2008)

Supplement (SURREPLY) to Defendants' Response in Opposition to Plaintiffs' 58 MOTION for Class Certification filed by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander, Denver Health and Hospital Authority, Defendants Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Exhibit Case Law)(sss, ) (Entered: 02/28/2008)

ORDER denying Plaintiffs' 58 Motion for Class Certification. Signed by Judge John L. Kane on 2/28/08.(sss, )

NOTICE of Rule 23(f) petition for permission to file appeal by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg (Sulton, Anne) (Entered: 02/29/2008)

ORDER ON MOTIONS TO DISMISS AND ORDER TO SHOW CAUSE: On or before 4/16/2008, Counsel Anne Sulton and Greg Hall are ORDERED TO SHOW CAUSE in writing why they should not be sanctioned for violating Rule 11(b) in the preparation and filing of the Amende d Complaint in 06-cv-2262-JLK. Defendants' 17 Motion to Dismiss First Amended Complaint in 06-cv-2262-JLK is DENIED as to Plaintiff Atwell's Title VII and CADA claims against Defendant Denver Health only and is GRANTED in all other respects. Defendants' 45 Motion to Dismiss Amended Complaint in 07-cv-2063-JLK is GRANTED in its entirety. Signed by Judge John L. Kane on 3/31/08.(sss, )

NOTICE OF APPEAL as to 76 Order granting motions to dismiss and 74 Order denying motion for class certification, by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg (Sulton, Anne) Modified on 4/2/2008 to create links to orders being appealed. (bjr2, ). (Entered: 04/01/2008)

MINUTE ORDER: Scheduling Conference set for 5/28/2008 02:00 PM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 4/1/08. (Attachments: # 1 Pretrial and Trial Procedures)(sss, ) (Entered: 04/01/2008)

Docket Annotation re: 78 Notice of Appeal as to 76 Order granting motions to dismiss and 74 Order denying motion for class certification by Odin Gonez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Renee Atwell Vivian Bradley, Terry Lee, Yvette Martinez Hochberg : The Notice of Appeal docket entry was modified to create links to the orders being appealed. Text only entry − no document attached (bjr2, ) Modified on 4/2/2008 to add correct appellants.(bjr2, ). (Entered: 04/02/2008)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon to the U.S. Court of Appeals. (Retained counsel; Fees not paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal, # 3 Consolidated case Docket Sheet − 07−cv−02063)(bjr2, ) (Entered: 04/02/2008)

USCA Appeal Fees (USCA Case No. Unknown); received $ 455 receipt number 8875 re 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon (bjr2, ) (Entered: 04/03/2008)

USCA Case Number 08−1107 for 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon. Appeal fees paid 04/03/08. (bjr2, ) (Entered: 04/04/2008)

Joint MOTION for Entry of Judgment under Rule 54(b) by Defendant Patricia Gabow, Patricia (I) Gabow, Denver Health, Denver Health and Hospital Authority, Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander . (Johnson, Brent) Modified on 4/14/2008 to add filers(sss, ). (Entered: 04/11/2008)

Docket Annotation re: 84 Joint MOTION for Entry of Judgment under Rule 54(b). Docket entry modified to add filers. Text only entry − no document attached (sss, ) (Entered: 04/14/2008)

ANSWER to 13 Amended Complaint by Denver Health and Hospital Authority.(Johnson, Brent) (Entered: 04/14/2008)

ORDER granting 84 Motion for Entry of Judgment under Rule 54(b) as discussed in attached order. Signed by Judge John L. Kane on 4/16/2008.(sss, )

RESPONSE TO 76 ORDER TO SHOW CAUSE by Plaintiff Renee Atwell. (Attachments: # 1 Exhibit verifications)(Sulton, Anne) Modified on 4/17/2008 to add linkage to Doc. 76 order (sss, ). (Entered: 04/16/2008)

Docket Annotation re: 88 Response to Order to Show Cause. Docket entry modified to add linkage to Doc. 76 order. Text only entry − no document attached (sss, ) (Entered: 04/17/2008)

TRANSCRIPT ORDER FORM re 78 Notice of Appeal, no transcript needed by Consol Plaintiffs Odin Gomez, Mekela Ridgeway, Cathie Gordon, Katie Moore, Plaintiffs Renee Atwell, Vivian Bradley, Terry Lee, Yvette Martinez Hochberg

LETTER TO USCA and all counsel certifying the record is complete as to 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon. ( Appeal No. 08−1107) (bjr2, ) (Entered: 04/22/2008)

LETTER Transmitting to US Court of Appeals Supplemental Preliminary Record : Judgment dated 04/21/08 as to 78 Notice of Appeal, filed by Vivian Bradley, Katie Moore, Terry Lee, Yvette Martinez Hochberg, Mekela Ridgeway, Renee Atwell, Odin Gomez, Cathie Gordon. (Attachments: # 1 Docket Sheet, # 2 Supplemental Preliminary Record − Judgment)(bjr2, ) (Entered: 04/24/2008)

Unopposed MOTION to Withdraw as Attorney by Consol Defendants Greg (I) Rossman, Greg Rossman, Wendy (I) Alexander, Wendy Alexander, Defendants Denver Health and Hospital Authority, Patricia Gabow, Denver Health, Patricia (I) Gabow. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion for Leave to Withdraw)(Olsen, Theodore) (Entered: 05/13/2008)

ORDER granting 94 Unopposed Motion for Leave to Withdraw. Attorney Theodore Alan Olsen and Andrew Wayne Volin terminated. Signed by Judge John L. Kane on 5/14/08.(sss, ) (Entered: 05/14/2008)

Proposed Scheduling Order and Discovery Order by Defendants Denver Health and Hospital Authority, Denver Health, Plaintiff Renee Atwell. (Johnson, Brent) (Entered: 05/19/2008)

Unopposed MOTION to Reset may 28, 2008 scheduling conference by Plaintiff Renee Atwell. (Attachments: # 1 Proposed Order (PDF Only))(Sulton, Anne) (Entered: 05/26/2008)

MINUTE ORDER granting 97 Unopposed Motion to Re−Set Scheduling Conference. The Scheduling Conference set for 5/28/2008 is vacated, by Judge John L. Kane on 5/27/2008.(sss, ) (Entered: 05/27/2008)

MINUTE ORDER: Scheduling Conference reset for 7/1/2008 02:00 PM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 6/25/2008. (sss, ) (Entered: 06/25/2008)

Minute Entry − Courtroom Minutes for Scheduling Conference held before Judge John L. Kane on 7/1/2008. Deadlines and other matters as set forth in the Courtroom Minutes. (Court Reporter Darlene Martinez) (lbush) (Entered: 07/01/2008)

STIPULATED SCHEDULING AND DISCOVERY ORDER: Discovery due by 10/28/2008. Dispositive Motions due by 12/1/2008.Signed by Judge John L. Kane on 7/21/2008. (sss, ) (Entered: 07/21/2008)

MOTION to Withdraw as Attorney by Plaintiff Renee Atwell. (Hall, Gregory) (Entered: 09/19/2008)

MINUTE ORDER granting 102 Motion to Withdraw as Counsel. Attorney Gregory Alan Hall is permitted to withdraw as attorney of record for plaintiff, by Judge John L. Kane on 9/19/2008.(sss, ) (Entered: 09/19/2008)

RESPONSE to Motion re 104 MOTION to Stay and for protective order of all proceedings filed by Defendant Denver Health and Hospital Authority. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Johnson, Brent) (Entered: 10/20/2008)

MOTION to Compel Discovery by Defendant Denver Health and Hospital Authority. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Johnson, Brent) (Entered: 10/21/2008)