Case: Colorado Cross-Disability Coalition v. Fey Concert Company

1:97-cv-01586 | U.S. District Court for the District of Colorado

Filed Date: July 23, 1997

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On July 23, 1997, patrons of a concert venue who use wheelchairs for mobility, their relatives, and an advocacy group filed a class action in the United States District Court for the District of Colorado against the owners and operators for obstructing wheelchair seating areas. Specifically, Plaintiffs claimed that though the state-of-the-art concert venue had a capacity of 18,000, the wheelchair seating area accommodated only about 20 wheelchairs. The plaintiffs complained that this area …

On July 23, 1997, patrons of a concert venue who use wheelchairs for mobility, their relatives, and an advocacy group filed a class action in the United States District Court for the District of Colorado against the owners and operators for obstructing wheelchair seating areas.

Specifically, Plaintiffs claimed that though the state-of-the-art concert venue had a capacity of 18,000, the wheelchair seating area accommodated only about 20 wheelchairs. The plaintiffs complained that this area was often blocked with equipment or additional staging, obstructing the view and restricting the movement of the plaintiffs when they attended concerts. The staff were either unhelpful or offered the plaintiffs seating on a steep slope or in an aisle way where people were constantly moving. They claim these conditions violate the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq; the Colorado Revised Statute § 24-34-601, the Public Accommodations Law; the Colorado Consumer Protection Act, C.R.S. § 6-1-112(1); negligent misrepresentation; and constituted fraud and fraudulent concealment.

Plaintiffs sought injunctive and monetary relief and certification of two classes: 1) all persons with permanent disabilities who use wheelchairs or electric carts for mobility who have been denied full and equal enjoyment of the services, facilities, privileges, advantages, and accommodations at Fiddler's Green on the basis of disability, and 2) all persons with a relationship or association with members of the first subclass who, as a result of the relationship or association, have been denied full and equal enjoyment of the services, facilities, privileges, advantages, and accommodations of Fiddler's Green."

On September 28, 1998, the District Court certified a settlement class.

On December 23, 1998, the District Court approved a class action settlement agreement. The agreement required the defendants to pay $1750 to each of the named plaintiffs and $25,000 in attorneys' fees for work before February 17, 1998 and reasonable fees for work thereafter. To the class members, the Defendants agreed to pay each class member a maximum of $175.00. The defendants also agreed to make "capital improvements" to the facility, set forth in a separate exhibit, and not to obstruct or place equipment in wheelchair seating areas.

On December 30, 1998, the District Court dismissed all claims and entered a notice regarding attorneys' fees and costs.

Summary Authors

Eric Weiler (6/8/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10868988/parties/co-cross-disability-v-fey-concert-company/

Judge(s)
Attorney for Plaintiff

Fox, Timothy Patrick (Colorado)

Attorney for Defendant

Blumenthal, Barbara Z. (Colorado)

Crotty, Rebecca L. (Colorado)

Dale, Kristin W. (Colorado)

Hoffman, Daniel S. (Colorado)

Documents in the Clearinghouse

1:97-cv-01586

Docket

Jan. 28, 1999

Jan. 28, 1999

Docket
33

1:97-cv-01586

First Amended Class Action Complaint

Feb. 6, 1998

Feb. 6, 1998

Complaint

1:97-cv-01586

Class Settlement Agreement

Dec. 23, 1998

Dec. 23, 1998

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10868988/co-cross-disability-v-fey-concert-company/

Last updated April 7, 2025, 10:47 a.m.

ECF Number Date Description Link
1 July 23, 1997

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 07/24/1997)

RECAP
July 23, 1997

FILING FEE PAID: on 7/23/97 in the amount of $ 150.00, receipt # 188891. (former empl)

July 23, 1997

FILING FEE PAID: on 7/23/97 in the amount of $ 150.00, receipt # 188891. (former empl) (Entered: 07/24/1997)

PACER
2 July 30, 1997

RETURN OF SERVICE of Summons and Complaint upon Cynthia M. Leitner, registered agent for defendant Museum Outdoor Arts on 7/24/97 (former empl) (Entered: 08/01/1997)

RECAP
3 July 30, 1997

RETURN OF SERVICE of Summons and Complaint upon T. Michael Carrington, registered agent for defendant Fey Concert Company on 7/24/97 (former empl) (Entered: 08/01/1997)

RECAP
4 Aug. 6, 1997

Uncontested MOTION by defendant Fey Concert Company, defendant Universal Concerts, defendant Every Dog Has It Day to extend time to answer to/including 9/30/97 (former empl) (Entered: 08/06/1997)

RECAP
5 Aug. 6, 1997

Certificate of Compliance by defendant motion to extend time to answer to/including 9/30/97 [4-1] (former empl) (Entered: 08/06/1997)

RECAP
6 Aug. 6, 1997

ORDER of recusal by Judge Lewis T. Babcock; redrawn by clerk 8/7/97 & Case reassigned to Judge Zita L. Weinshienk (cc: all counsel) ; entry date : 8/7/97 (former empl) (Entered: 08/07/1997)

RECAP
7 Aug. 7, 1997

LETTER from clerk to counsel re reassignment to Judge Weinshienk (former empl) (Entered: 08/07/1997)

RECAP
8 Aug. 8, 1997

ATTORNEY APPEARANCE for defendant Museum Outdoor Arts by Sheldon H. Smith, Kristin W. Dale (former empl) (Entered: 08/11/1997)

RECAP
9 Aug. 8, 1997

MOTION by defendant Museum Outdoor Arts to extend time to answer (former empl) (Entered: 08/11/1997)

RECAP
10 Aug. 12, 1997

MINUTE ORDER : by Judge Zita L. Weinshienk granting motion to extend time to answer [9-1] to 10/8/97, granting motion to extend time to answer to/including 9/30/97 [4-1] (cc: all counsel) ; entry date : 8/14/97 (former empl) (Entered: 08/14/1997)

RECAP
11 Aug. 13, 1997

ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge Donald E. Abram ; by Judge Zita L. Weinshienk (cc: to counsel) (former empl) (Entered: 08/14/1997)

RECAP
12 Aug. 18, 1997

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Donald E. Abram ; Rule 16 conference set for 8:45 11/6/97 (cc: all counsel) (former empl) (Entered: 08/20/1997)

RECAP
13 Sept. 29, 1997

Joint MOTION by plaintiffs, defendants to extend time to answer to 12/1/97 (former empl) (Entered: 09/30/1997)

RECAP
14 Sept. 29, 1997

Joint MOTION by plaintiffs, defendants to vacate dates set forth in mag order (former empl) (Entered: 09/30/1997)

RECAP
15 Sept. 30, 1997

MINUTE ORDER : by Magistrate Judge Donald E. Abram denying motion to vacate dates set forth in mag order [14-1]; discovery stayed to l0/30/97; confidential status rept due ll/3/97 (cc: all counsel) ; entry date : 10/1/97 (former empl) (Entered: 10/01/1997)

RECAP
16 Oct. 1, 1997

MINUTE ORDER : by Judge Zita L. Weinshienk granting motion to extend time to answer to 12/1/97 [13-1] (cc: all counsel) ; entry date : 10/2/97 (former empl) (Entered: 10/02/1997)

RECAP
17 Oct. 9, 1997

ORDER of Recusal by Magistrate Judge Donald E. Abram terminating case referral to Magistrate Judge Donald E. Abram, and recusing Magistrate Judge Abram (cc: all counsel) ; entry date : 10/14/97 (former empl) (Entered: 10/14/1997)

RECAP
18 Oct. 10, 1997

MEMORANDUM from Clerk Office pursuant to order of recusal, case reassigned Case referred to Magistrate Judge Patricia A. Coan (former empl) (Entered: 10/14/1997)

RECAP
19 Oct. 17, 1997

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Patricia A. Coan ; Rule 16 conference set for 8:45 11/6/97 (cc: all counsel) (former empl) (Entered: 10/20/1997)

RECAP
20 Oct. 21, 1997

MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; settlement conf set for 9:30 11/14/97 (cc: all counsel) ; entry date : 10/23/97 (former empl) (Entered: 10/23/1997)

RECAP
21 Nov. 17, 1997

SCHEDULING ORDER Magistrate Judge Patricia A. Coan ; Discovery cutoff 5/15/98 ;dispositive motions due 6/15/98 ; settlement conference 10:30 12/10/97 ;pretrial conference set 8:15 7/30/98 (cc: all counsel) (former empl) (Entered: 11/18/1997)

RECAP
22 Dec. 1, 1997

ANSWER by defendant Museum Outdoor Arts complaint [1-1]; jury demand (former empl) (Entered: 12/02/1997)

RECAP
23 Dec. 1, 1997

ANSWER by defendants to class action complaint [1-1] (former empl) (Entered: 12/02/1997)

RECAP
24 Dec. 11, 1997

MEMORANDUM by Magistrate Judge Patricia A. Coan ; settlement conf set for 5/13/98 (former empl) (Entered: 12/12/1997)

RECAP
25 Dec. 11, 1997

MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; settlement conf set for 1:00 5/13/98 updated conf stlmt stmts due 5/8/98 (cc: all counsel) ; entry date : 12/12/97 (former empl) (Entered: 12/12/1997)

RECAP
26 Jan. 9, 1998

Joint MOTION by defendants, plaintiffs to extend time for plas to submit mtn for class cert to 2/20/98 and dfts to sumbit brf in opp to 3/12/98 and pla reply to 3/20/98 (former empl) (Entered: 01/12/1998)

RECAP
27 Jan. 14, 1998

MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion to extend time for plas to submit mtn for class cert to 2/20/98 and dfts to sumbit brf in opp to 3/12/98 and pla reply to 3/20/98 [26-1] (cc: all counsel) ; entry date : 1/15/98 (former empl) (Entered: 01/15/1998)

RECAP
28 Jan. 29, 1998

MOTION by defendant Museum Outdoor Arts to withdraw attorney, and to substitute attorney Daniel S. Hoffman and Rebecca L. Crotty (former empl) (Entered: 01/30/1998)

RECAP
29 Jan. 29, 1998

MOTION by plaintiff for leave to amend class action cmp to add plas (former empl) (Entered: 01/30/1998)

RECAP
Jan. 29, 1998

Tendered First Amd Class Action Cmp submitted by plaintiff motion for leave to amend class action cmp to add plas [29−1] (former empl) (Entered: 01/30/1998)

PACER
Jan. 29, 1998

Tendered First Amd Class Action Cmp submitted by plaintiff motion for leave to amend class action cmp to add plas [29-1] (former empl)

30 Feb. 3, 1998

MOTION by dfts Fey Concert Company, Universal Concerts, Every Dog Has It Day to extend (to respond to Ps' First Set of Interrogs, etc.) (former empl) (Entered: 02/04/1998)

RECAP
31 Feb. 6, 1998

MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion to extend (to respond to Ps' First Set of Interrogs, etc.) [30-1] to 2/13/98 and plas deadline to move for class certification extended to 2/27/98 (cc: all counsel) ; entry date : 2/9/98 (former empl) (Entered: 02/09/1998)

RECAP
32 Feb. 6, 1998

MINUTE ORDER : by Judge Zita L. Weinshienk granting motion for leave to amend class action cmp to add plas [29-1] clk of ct to file stamp tendered first amd class action cmp, granting motion to withdraw attorney [28-1] attorney Kristin W. Dale for Museum Outdoor Arts, attorney Sheldon H. Smith for Museum Outdoor Arts, granting motion to substitute attorney Daniel S. Hoffman and Rebecca L. Crotty [28-2] and substituting attorney (cc: all counsel) ; entry date : 2/9/98 (former empl) (Entered: 02/09/1998)

RECAP
33 Feb. 6, 1998

First AMENDED Class Action COMPLAINT [1-1] by plaintiff; jury demand; adding Kevin Smith, Lauren Winter, Kim Keller (former empl) (Entered: 02/09/1998)

RECAP
34 Feb. 17, 1998

MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; pretrial conf set for 10:30 8/4/98 (cc: all counsel) ; entry date : 2/18/98 (former empl) (Entered: 02/18/1998)

RECAP
35 Feb. 23, 1998

MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; discovery ddl stayed 2/23/98 ; disp mtn ddl stayed 2/23/98 ; settlement conf vacated 2/23/98 ; pretrial conf vacated 2/23/98 ; dsm papers ddl set for 3/23/98 (cc: all counsel) ; entry date : 2/25/98 (former empl) (Entered: 02/25/1998)

RECAP
36 Feb. 25, 1998

ORDER by Judge Zita L. Weinshienk ; dsm papers ddl set for 3/23/98 case held in abeyance pending filing of stlmt papers (cc: all counsel) ; entry date : 2/26/98 (former empl) (Entered: 02/26/1998)

RECAP
37 March 11, 1998

Unopposed MOTION by plaintiffs to extend time to submit stlmt and dism papers (former empl) (Entered: 03/12/1998)

RECAP
38 March 12, 1998

MINUTE ORDER : by Judge Zita L. Weinshienk granting motion to extend time to submit stlmt and dism papers [37-1] ; dsm papers ddl set for 4/7/98 (cc: all counsel) ; entry date : 3/13/98 (former empl) (Entered: 03/13/1998)

RECAP
39 March 13, 1998

Amd MINUTE ORDER : by Judge Zita L. Weinshienk regarding [38-2] minute order, granting motion to extend time to submit stlmt and dism papers [37-1] ; dsm papers ddl set for 4/7/98 if stlmt papers not recd by 4/14/98 case will be dismissed w/o prej (cc: all counsel) ; entry date : 3/16/98 (former empl) (Entered: 03/16/1998)

RECAP
40 April 1, 1998

Joint Request (MOTION) by plaintiffs, defendants for status conference hearing (former empl) (Entered: 04/02/1998)

RECAP
41 April 8, 1998

ORDER by Judge Zita L. Weinshienk stlmt in this case no longer appears possible and granting motion for status conference hearing [40-1] and case will no longer held in abeyance and parties to contact magistrate judge to schedule status conf, revise deadlines and prepare case for trial ; dsm papers ddl vacated 4/8/98 (cc: all counsel) ; entry date : 4/10/98 (former empl) (Entered: 04/10/1998)

RECAP
42 April 10, 1998

MINUTE ORDER by Magistrate Judge Patricia A. Coan status conf set for 9:00 4/21/98 (cc: all counsel); entry date: 4/13/98 (former empl) (Entered: 04/13/1998)

RECAP
43 April 14, 1998

MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; status conf set for 9:30 5/7/98 (cc: all counsel) ; entry date : 4/14/98 (former empl) (Entered: 04/14/1998)

RECAP
44 May 7, 1998

COURTROOM MINUTES by Magistrate Judge Patricia A. Coan ; discovery ddl set 10/15/98 ; disp mtn ddl set 11/16/98 ; status conf held 5/7/98 ; settlement conf set for 10:30 6/9/98 ; pretrial conf set for 11:30 12/17/98 ; entry date : 5/11/98 Court Reporter: Tape 98-37/38 (former empl) (Entered: 05/11/1998)

RECAP
45 May 11, 1998

MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; discovery ddl set 10/15/98 ; disp mtn ddl set 11/16/98 ; pretrial conf set for 11:30 12/17/98 ; settlement conf set for 10:30 6/9/98 (cc: all counsel) ; entry date : 5/12/98 (former empl) (Entered: 05/12/1998)

RECAP
46 May 19, 1998

MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; settlement conf vacated 5/19/98 ; dsm papers ddl set for 6/9/98 (cc: all counsel) ; entry date : 5/20/98 (former empl) (Entered: 05/20/1998)

RECAP
47 May 20, 1998

ORDER by Judge Zita L. Weinshienk ; dsm papers ddl set for 6/9/98 (cc: all counsel) ; entry date : 5/22/98 (former empl) (Entered: 05/22/1998)

RECAP
48 June 4, 1998

Stipulated MOTION by defendant to extend time to file stlmt papers to 6/17/98 (former empl) (Entered: 06/05/1998)

RECAP
49 June 5, 1998

MINUTE ORDER by Judge Zita L. Weinshienk granting motion to extend time to file stlmt papers to 6/17/98 [48-1] dism papers ddl set for 6/17/98 (cc: all counsel) ; entry date : 6/9/98 (former empl) (Entered: 06/09/1998)

RECAP
50 June 17, 1998

Unopposed MOTION by plaintiffs for provisional class certification for stlmt purposes (former empl) (Entered: 06/17/1998)

RECAP
51 June 17, 1998

STATEMENT of Position by defendants Fey Concert Company, Universal Concerts, Every Dog Has It Day, Museum Outdoor Arts re (motion for) provisional class certification for stlmt purposes [50-1] (former empl) (Entered: 06/18/1998)

RECAP
52 June 17, 1998

Joint MOTION by plaintiffs & defendants for prelim approval of settlement and for fairness hearing (former empl) (Entered: 06/18/1998)

RECAP
53 Aug. 24, 1998

NOTICE re: proposed stlmt agreement by plaintiff (former empl) (Entered: 08/25/1998)

RECAP
54 Aug. 25, 1998

MINUTE ORDER : by Judge Zita L. Weinshienk setting hearing on motion for provisional class certification for stlmt purposes [50-1] 8:30 9/16/98, setting hearing on motion for prelim approval of settlement [52-1] 8:30 9/16/98, setting hearing on motion for fairness hearing [52-2] 8:30 9/16/98 (cc: all counsel) ; entry date : 8/26/98 (former empl) (Entered: 08/26/1998)

RECAP
55 Sept. 2, 1998

Joint Request (MOTION) by plaintiff, defendant to clarification of order setting hrg (former empl) (Entered: 09/03/1998)

RECAP
56 Sept. 10, 1998

MINUTE ORDER : by Judge Zita L. Weinshienk regarding [52-1] motion for prelim approval of settlement, regarding [52-2] motion for fairness hearing, if jt mtn for fairness hrg is granted, ct will conduct prelim fairness hrg on 9/16/98 after putative class members have been notified of proposed stlmt, finding the motion to clarification of order setting hrg [55-1] moot (cc: all counsel) ; entry date : 9/11/98 (former empl) (Entered: 09/11/1998)

RECAP
60 Sept. 16, 1998

COURTROOM MINUTES by Judge Zita L. Weinshienk granting motion for provisional class certification for stlmt purposes [50-1], setting hearing on motion for prelim approval of settlement [52-1] 8:30 11/18/98, granting motion for fairness hearing [52-2] ; entry date : 10/1/98 Court Reporter: Zuckerman (former empl) (Entered: 10/01/1998)

RECAP
57 Sept. 18, 1998

NOTICE by Clerk, U.S. Dist Ct, of Class Action & Proposed Settlement (copy) (former empl) (Entered: 09/21/1998)

RECAP
58 Sept. 21, 1998

Certified Copy of TRANSCRIPT of proceedings of 9/16/98 at 8:45 am before Judge Weinshienk of Hrg on Jt Mtn for Fairness Hrg ( 33 pages) Prepared By: Zuckerman (former empl) (Entered: 09/22/1998)

RECAP
59 Sept. 28, 1998

ORDER by Judge Zita L. Weinshienk granting motion for provisional class certification for stlmt purposes [50-1] and dft is advised if stlmt should fall through ct will consider withdrawal of class cert only on limited grounds, setting hearing on motion for prelim approval of settlement [52-1] 8:30 11/18/98, granting motion for fairness hearing [52-2] (cc: all counsel) ; entry date : 9/29/98 (former empl) (Entered: 09/29/1998)

RECAP
61 Nov. 17, 1998

MINUTE ORDER : by Judge Zita L. Weinshienk ; in court hrg set for 9:15 11/18/98 on fairness hrg (cc: all counsel) ; entry date : 11/19/98 (former empl) (Entered: 11/19/1998)

RECAP
62 Nov. 18, 1998

COURTROOM MINUTES by Judge Zita L. Weinshienk ; status report ddl set for 1/29/99 ; in court hrg held 11/18/98 ; expiration date of time to file claims is 12/18/98, cnsl to file agreement on atty fees by 1/8/99 or file status rpt by 1/29/99 and cnsl to file proposed order re: approval of stlmt agreement by 12/7/98; entry date : 11/19/98 Court Reporter: Zuckerman (former empl) (Entered: 11/19/1998)

RECAP
63 Nov. 25, 1998

Certified Copy of TRANSCRIPT of proceedings before Judge Weinshienk of 11/18/98 at 9:30 of Hrg on Joint Motion for Fairness Hrg and Class Action Settlment ( 14 pages) Prepared By: Zuckerman (former empl) (Entered: 11/27/1998)

RECAP
64 Dec. 10, 1998

Submission of Proposed ORder Approving Class Action Stlmt (STATEMENT) by plaintiff minutes [62-2] (former empl) (Entered: 12/11/1998)

RECAP
65 Dec. 23, 1998

ORDER by Judge Zita L. Weinshienk approving class action stlmt and directs clk to enter jgm approving stlmt, ct retains jurisdiction over interpretation, enforcement and implementation of stlmt agreement and this order (cc: all counsel) ; entry date : 12/24/98 (former empl) (Entered: 12/24/1998)

RECAP
66 Dec. 30, 1998

JUDGMENT: by Zita L. Weinsheink jgm dismissing claims of plas and the class against dfts and released parties w/prej and w/o cost, except as specified in stlmt agreement and ct retains jurisdiction over interpretation, enforcement and implementation of stlmt agreement and order approving class action stlmt dismissing case (cc: all counsel) ; entry date : 12/30/98 (former empl) (Entered: 12/30/1998)

RECAP
67 Jan. 28, 1999

Notice concerning attys fees and costs (STATUS REPORT) by plaintiff (former empl) (Entered: 01/29/1999)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 23, 1997

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled patrons of outdoor concert venue.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Every Dog Has Its Day, Inc.

Fey Concert Company

Museum of Outdoor Arts, Inc.

Universal Concerts, Inc.

Defendant Type(s):

Movie Theater or Other Entertainment facility

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Other Dockets:

District of Colorado 1:97-cv-01586

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $50,000 roughly

Issues

General/Misc.:

Access to public accommodations - privately owned

Barrier Removal

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Recommended Citation