Case: Shepherd v. U.S. Olympic Committee

1:99-cv-02077 | U.S. District Court for the District of Colorado

Filed Date: Oct. 26, 1999

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On October 26, 1999, a disabled athlete and employee of the Paralympic Games sued the U.S. Olympic Committee (USOC) in the U.S. District Court for the District of Colorado, claiming the USOC gave better training, benefits, and rewards to non-disabled olympic athletes, in violation of Title III of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12181 et seq.; and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. As an employee of the USOC, he also sued under Title I of the ADA for e…

On October 26, 1999, a disabled athlete and employee of the Paralympic Games sued the U.S. Olympic Committee (USOC) in the U.S. District Court for the District of Colorado, claiming the USOC gave better training, benefits, and rewards to non-disabled olympic athletes, in violation of Title III of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12181 et seq.; and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. As an employee of the USOC, he also sued under Title I of the ADA for employment discrimination, and state law for breach of contract .

Although the Court never specifically ordered consolidation, a June 14, 2006 an order consolidated the Shepherd Case with Hollonbeck v. U.S. Olympic Committee, also filed in the District of Colorado before Judge Kane. The facts are largely analogous - paralympic athlete sued the USOC for discrimination in training, accommodations, funding, and so forth. Many other motions and appeals were consolidated in the two cases after the June 14, 2006 order.

Specifically, Plaintiff claimed the USOC provided benefits to non-disabled olympic athletes, including tuition assistance, health insurance, financial support, access to training facilities, and rewards for medals achieved in the Olympic Games. The USOC provided either inferior benefits to paralympic athletes or no benefits at all. Count II of the complaint alleged violation of

Additionally, the plaintiff's position at the USOC required that he promote awareness of disabled sports and promote them, among other functions. The complaint alleged that the USOC failed to provide him with pay, advancements, bonuses, budgeting, support staff, and promotions that it provided to similarly situated non-disabled employees of the USOC. The plaintiff also alleged retaliatory termination.

The plaintiff sought declaratory, injunctive and monetary relief.

On April 20, 2000, the District Court addressed the USOC's motions for summary judgment and to strike, with varied results. A summary of this order appears on the docket. The parties then engaged in a lengthy discovery battle, in which several third parties sought protective orders. On September 21, 2005, the District Court denied the defendant's motion to dismiss and on June 14, 2006, the District Court ordered the parties to submit proposed orders regarding the viability of Counts I and II of the complaint, the "athlete" claims under the ADA and Rehabilitation Act. Shepherd v. U.S. Olympic Committee, No. 99-2077, 2006 U.S. Dist. LEXIS 39295 (D. Colo. Jun. 14, 2006). This order also consolidated similar motions for summary judgment by the defendants in Hollonbeck v. U.S. Olympic Committee, mentioned above.

On November 16, 2006, in a published order, the District Court granted the defendants' motion to dismiss Counts II and III, the "athlete" counts, leaving only the "employment" counts, I and IV. Shepherd v. U.S. Olympic Committee, 464 F. Supp. 2d 1072 (D. Colo. 2006). The Court found many parts of the claims problematic: the training facilities were not really "public accommodations" because they were limited to athletes preselected by the USOC; and the ASA separated the Olympics and Paralympics programs and created separate governing bodies, thus plaintiffs had not been "excluded." On January 10, 2007, final judgment was entered against the plaintiff as to Counts II and III. In this order, the court also granted the plaintiff's motion for partial summary adjudication regarding the employment claims.

On July 2, 2007, the docket indicates that a 2 week jury trial was scheduled for February 18 to 29, 2008. It appears the parties settled the employment-related claims. The case was dismissed with prejudice by stipulation on January 10, 2008. No settlement agreement is publicly available at this time.

The Tenth Circuit Court of Appeals consolidated the Shepherd and Hollonbeck cases on Plaintiff's appeal of the District Court's grant of the defendant's motion to dismiss the "athlete" claims. Judge Paul J. Kelly, Jr., writing for himself and Judge Jerome A. Holmes upheld the District Court's dismissal, finding that although the USOC's policy resulted in disparate impact on disabled athletes, this did not state a claim under the ADA and the Rehabilitation Act. Judge William J. Holloway, Jr. dissented and would have reversed the District Court. Hollonbeck v. U.S. Olympic Committee, 513 F.3d 1191 (10th Cir. 2008). There has been no further development in this case.

 

Summary Authors

Eric Weiler (7/1/2010)

Related Cases

Hollonbeck v. U.S. Olympic Committee, District of Colorado (2003)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4703140/parties/shepherd-v-us-olympic-committee/

Judge(s)
Attorney for Plaintiff

Breeskin, Michael Wayne (Colorado)

Attorney for Defendant

Asperger, James R. (California)

Bernhardt, Susan (Colorado)

Butler, Edward John (Colorado)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (Missouri)

Documents in the Clearinghouse

1:99-cv-02077

Docket

Shepherd v. United States Olympic Committee

April 29, 2008

April 29, 2008

Docket

1:99-cv-02077

Plaintiff's Supplemental Brief In Support Of His Motion For Partial Summary Judgment Pursuant To Fed. R. Civ. P. 56(a)

Shepherd v. United States Olympic Committee

Sept. 21, 2001

Sept. 21, 2001

Pleading / Motion / Brief

1:99-cv-02077

Second Amended Complaint

Shepherd v. United States Olympic Committee

Oct. 9, 2001

Oct. 9, 2001

Complaint
141

1:99-cv-02077

Plaintiff's Memorandum In Support Of His Motion For Partial Summary Adjudication

Shepherd v. United States Olympic Committee

Sept. 18, 2002

Sept. 18, 2002

Pleading / Motion / Brief
145

1:99-cv-02077

Plaintiffs' Memorandum In Opposition To The USOC's Motion For Summary Judgment On Plaintiff's Second And Third Claims For Relief

Shepherd v. United States Olympic Committee

Oct. 9, 2002

Oct. 9, 2002

Pleading / Motion / Brief
148

1:99-cv-02077

Plaintiff's Reply Memorandum In Support Of His Motion For Partial Summary Adjudication

Shepherd v. United States Olympic Committee

Oct. 16, 2002

Oct. 16, 2002

Pleading / Motion / Brief
177

1:99-cv-02077

Defendant's Submission Of Recently-Decided Authority In Support Of Its Response In Opposition To Plaintiff's Motion For Summary judgment

Shepherd v. United States Olympic Committee

Sept. 19, 2005

Sept. 19, 2005

Pleading / Motion / Brief
189

1:99-cv-02077

1:03-cv-01364

Opinion [Directing Parties To File Authorities Re Parties' Motions For Summary Judgment And Defendant's Motion To Dismiss]

Shepherd v. United States Olympic Committee

June 14, 2006

June 14, 2006

Order/Opinion

2006 U.S.Dist.LEXIS 39295

196

1:99-cv-02077

Memorandum Opinion And Order Granting Defendants' Dispositive Motions Re Athlete Claims

Shepherd v. United States Olympic Committee

Nov. 16, 2006

Nov. 16, 2006

Order/Opinion

464 F.Supp.2d 1072

205

1:99-cv-02077

Direction Of Final Judgment Pursuant To F.R.C.P. Rule 54(b)

Shepherd v. United States Olympic Committee

Jan. 10, 2007

Jan. 10, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4703140/shepherd-v-us-olympic-committee/

Last updated April 7, 2025, 10:48 a.m.

ECF Number Date Description Link
Oct. 26, 1999

FILING FEE PAID: on 10/26/99 in the amount of $ 150, receipt # 210585. (former empl) (Entered: 10/26/1999)

PACER
1 Oct. 26, 1999

COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 10/26/1999)

RECAP
Oct. 26, 1999

FILING FEE PAID: on 10/26/99 in the amount of $ 150, receipt # 210585. (former empl)

2 Nov. 24, 1999

MOTION by defendant US Olympic Committee to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), and to strike pursuant to Rule 12(f) (former empl) Modified on 11/29/1999 (Entered: 11/29/1999)

RECAP
3 Nov. 24, 1999

BRIEF by defendant US Olympic Committee in support of motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (former empl) (Entered: 11/29/1999)

RECAP
4 Nov. 30, 1999

MINUTE ORDER by Judge John L. Kane regarding [2-1] motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), regarding [2-2] motion to strike pursuant to Rule 12(f), response due 12/14/99, reply due 12/24/99 (cc: all counsel) ; entry date : 12/1/99 (former empl) (Entered: 12/01/1999)

RECAP
5 Dec. 13, 1999

Ex Parte MOTION by defendant Intl Olympic Comm to extend time to 12/28/99 to answer (former empl) (Entered: 12/14/1999)

RECAP
6 Dec. 14, 1999

BRIEF by plaintiff in opposition to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2]; evidentiary objection to afdt of John Samuelson (former empl) Modified on 12/14/1999 (Entered: 12/14/1999)

RECAP
7 Dec. 14, 1999

MINUTE ORDER by Judge John L. Kane granting motion to extend time to 12/28/99 to answer [5-1] (cc: all counsel) entry date : 12/15/99 (former empl) (Entered: 12/15/1999)

RECAP
8 Dec. 27, 1999

REPLY by defendant US Olympic Committee to response to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (gms) (Entered: 12/28/1999)

RECAP
9 Dec. 28, 1999

MOTION by defendant Intl Olympic Comm to dismiss for lack of personal jurisdiction (lam) (Entered: 12/29/1999)

RECAP
10 Dec. 30, 1999

MINUTE ORDER by Judge John L. Kane regarding [9-1] motion to dismiss for lack of personal jurisdiction, response due 1/20/00, reply due 1/30/00 (cc: all counsel) ; entry date : 1/3/00 (former empl) (Entered: 01/03/2000)

RECAP
11 Jan. 5, 2000

LETTER to court from counsel for defendant US Olympic Committee requesting addition to mailing list (note: no entry of appearance filed; counsel has not signed any pleadings) (former empl) (Entered: 01/12/2000)

RECAP
12 Jan. 14, 2000

ATTORNEY APPEARANCE for defendant US Olympic Committee by John William Cook, Virginia S. Morgan (former empl) (Entered: 01/18/2000)

RECAP
13 Jan. 19, 2000

BRIEF by plaintiff in opposition to motion to dismiss for lack of personal jurisdiction [9-1]; afdt of Peter L. Warren (former empl) (Entered: 01/19/2000)

RECAP
14 Jan. 27, 2000

MOTION by defendant Intl Olympic Comm to extend time to 2/4/00 to respond to brief in opp to motion to dismiss (former empl) (Entered: 01/28/2000)

RECAP
15 Jan. 27, 2000

ORDER by Judge John L. Kane granting motion to extend time to 2/4/00 to respond to brief in opp [14-1], regarding [9-1] motion to dismiss for lack of personal jurisdiction (cc: all counsel) ; entry date : 1/28/00 (former empl) (Entered: 01/28/2000)

RECAP
16 Feb. 4, 2000

REPLY by defendant Intl Olympic Comm to brief in opp to motion to dismiss for lack of personal jurisdiction [9-1] (former empl) (Entered: 02/07/2000)

RECAP
17 April 20, 2000

MEMORANDUM, OPINION, AND ORDER by Judge John L. Kane: granting dft IOC's motion to dismiss for lack of personal jurisdiction [9-1] and dismissing case against dft Intl Olympic Comm with each party to pay own costs; dft USOC's motion to dismiss purs to FRCP 12(b)(6) or in the alternative for summary jgm purs to FRCP 56(c) [2-1], and motion to strike purs to FRCP 56(c) [2-2] is granted insofar as it seeks to dismiss the claims 1, 2 and 3 w/out prejudice for failure to exhaust administrative remedies; denied insofar as it seeks dismissal of claims 4-17; granted insofar as it seeks to dismiss the 18th and 19th claims w/out prejudice; denied insofar as it seeks dismissal of the 20 claim; granted insofar as it seeks to strike as immaterial the claim for punitive damages for alleged breach of contract; granted insofar as it seeks dismissal of the 21st claim w/prejudice; denied insofar as it seeks dismissal of the 22nd claim; granted insofar as it seeks dismissal of the 23rd claim w/out prejudice; denied insofar as it seeks to dismiss the reqs for damages for emotional pain & suffering (cc: all counsel) ; entry date : 4/21/00 (lam) (Entered: 04/21/2000)

RECAP
18 May 3, 2000

ANSWER by defendant to complaint [1-1] (former empl) (Entered: 05/04/2000)

RECAP
19 May 5, 2000

Minute ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 9:30 6/5/00 (cc: all counsel) (gms) (Entered: 05/08/2000)

RECAP
20 June 5, 2000

COURTROOM MINUTES OF SCHED CONF by Judge John L. Kane rule 16 conf held on 6/5/00 ; entry date : 6/6/00 Court Reporter: Paul Zuckerman (former empl) (Entered: 06/06/2000)

RECAP
21 June 5, 2000

Stipulated SCHEDULING & Discovery ORDER Judge John L. Kane discovery cutoff 3/30/01; dispositive motions due 4/30/01 (cc: all counsel) (former empl) (Entered: 06/06/2000)

RECAP
22 Aug. 18, 2000

MOTION by Natl Archery Assoc, USA Shooting, USA Cycling, Inc., USA Swimming, United States Water Polo, United States Amateur Boxing, The United States Figure Skating Association and U.S. Modern Pentathlon Association for protective orders and to quash subpoenas (former empl) (Entered: 08/22/2000)

RECAP
23 Aug. 21, 2000

Third-Party Witnesses SUPPLEMENT to motion for protective orders and to quash subpoenas [22-1] Adds USA Track & Field association as a movant (former empl) (Entered: 08/22/2000)

RECAP
24 Aug. 22, 2000

MINUTE ORDER : by Judge John L. Kane setting hearing on motion for protective orders and to quash subpoenas [22-1] 9:30 9/5/00 (cc: all counsel) ; entry date : 8/23/00 (former empl) (Entered: 08/23/2000)

RECAP
25 Aug. 23, 2000

Second SUPPLEMENT adding USA Hockey, Inc. to motion of third party witnesses for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/24/2000)

RECAP
26 Aug. 28, 2000

Third Party SUPPLEMENT by to third party motion for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/29/2000)

RECAP
27 Aug. 30, 2000

AFFIDAVIT of Countess Pease Jeffries in opposition to motion for protective orders and to quash subpoenas [22-1] Request for Attorneys Fees/Sanctions (former empl) (Entered: 08/30/2000)

RECAP
28 Aug. 30, 2000

Addenda (APPENDIX) filed to affidavit [27-1] (former empl) (Entered: 08/30/2000)

RECAP
29 Sept. 5, 2000

COURTROOM MINUTES by Judge John L. Kane denying third-party witnesses motion for protective orders and granting motion to quash subpoenas [22-1]; request for attorney's fees is denied. ORDERED: By 9/20/00 pla shall serve requests for production and request for admissiions on dft. Answers are due 10/20/00. No extensions. Except for production and admissions no and other discovery proceedings are stayed ; entry date : 9/5/00 Court Reporter: Geneva Mattei (former empl) (Entered: 09/05/2000)

RECAP
30 Jan. 22, 2001

TRANSCRIPT of Motion for Protective Orders on 9/5/00 before Judge Kane ( pages: 14) Prepared By: Federal Reporting Service (certified copy) (former empl) (Entered: 01/23/2001)

RECAP
31 Jan. 22, 2001

STATUS REPORT re discovery by plaintiff (former empl) (Entered: 01/23/2001)

RECAP
32 Jan. 22, 2001

MOTION by plaintiff for partial summary judgment (former empl) (Entered: 01/23/2001)

RECAP
33 Jan. 22, 2001

EXHIBITS (8 Volumes) by plaintiff Mark E. Shepherd to motion for partial summary judgment [32-1] (former empl) (Entered: 01/23/2001)

RECAP
34 Jan. 23, 2001

MINUTE ORDER : by Judge John L. Kane regarding [31-1] status report dft shall respond by 2/5/01. (cc: all counsel) ; entry date : 1/24/01 (former empl) (Entered: 01/24/2001)

RECAP
35 Jan. 23, 2001

NOTICE by plaintiff's counsel of unavailability (former empl) (Entered: 01/24/2001)

RECAP
36 Jan. 25, 2001

Request (MOTION) by defendant for scheduling conf (former empl) (Entered: 01/26/2001)

RECAP
37 Jan. 26, 2001

MOTION by plaintiff for leave to file first amendment to the complaint [1-1] (former empl) (Entered: 01/29/2001)

RECAP
38 Jan. 26, 2001

Amendment by dft to response to pla's status report and (AMENDED MOTION) request for scheduling conf regarding motion for scheduling conf [36-1] (former empl) (Entered: 01/29/2001)

RECAP
39 Feb. 1, 2001

REPLY by plaintiff to response [36-1] to pla's status report, affidavit of Countess Pease Jeffries (former empl) (Entered: 02/02/2001)

RECAP
40 Feb. 1, 2001

MOTION by defendant for an extension of time to fiel opp brief (former empl) (Entered: 02/02/2001)

RECAP
41 Feb. 1, 2001

MINUTE ORDER : by Judge John L. Kane granting motion for an extension of time to 3/19/01 to file opp brief [40-1] Pla may reply by 3/30/01 (cc: all counsel) ; entry date : 2/2/01 (former empl) (Entered: 02/02/2001)

RECAP
42 Feb. 2, 2001

MINUTE ORDER : by Judge John L. Kane granting pla's motion for leave to file first amendment to the complaint [1-1] [37-1] (cc: all counsel) ; entry date : 2/5/01 (former empl) (Entered: 02/05/2001)

RECAP
43 Feb. 2, 2001

First AMENDment to the COMPLAINT [1-1] by plaintiff (former empl) (Entered: 02/05/2001)

RECAP
46 Feb. 6, 2001

2nd MOTION by defendant for extension of time to file opposition brief to 3/26/01 (former empl) (Entered: 03/08/2001)

RECAP
44 Feb. 9, 2001

ANSWER by defendant to first amendment to complaint [43-1] (former empl) (Entered: 02/12/2001)

RECAP
45 Feb. 22, 2001

MINUTE ORDER : by Judge John L. Kane granting dft's request for scheduling conf [38-1] ; rule 16 conference set for 2:00 5/1/01 (cc: all counsel) ; entry date : 2/26/01 (former empl) (Entered: 02/26/2001)

RECAP
47 March 7, 2001

MINUTE ORDER : by Judge John L. Kane granting dft's motion for extension of time to file opposition brief to 3/30/01 [46-1] Pla shall have to 4/10/01 to reply (cc: all counsel) ; entry date : 3/8/01 (former empl) (Entered: 03/08/2001)

RECAP
48 March 8, 2001

Opposition (RESPONSE) by plaintiff to dft's 2nd motion for extension of time to file opposition brief to 3/26/01 [46-1] (former empl) (Entered: 03/12/2001)

RECAP
49 March 21, 2001

Unopposed MOTION by defendant for leave to file oversized brief in opp to pla's mtn for partial sum jgm (former empl) (Entered: 03/22/2001)

RECAP
50 March 28, 2001

MOTION by plaintiff for sanctions and afdt of Countes Pease Jeffries (former empl) (Entered: 03/29/2001)

RECAP
51 March 30, 2001

RESPONSE by defendant to in opp to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/02/2001)

RECAP
53 March 30, 2001

Separate RESPONSE by defendant to pla's separate stmt of uncontroverted facts (former empl) (Entered: 04/04/2001)

RECAP
52 April 2, 2001

MINUTE ORDER : by Judge John L. Kane granting dft's unopposed motion for leave to file oversized brief in opp to pla's mtn for partial sum jgm [49-1] (cc: all counsel) ; entry date : 4/3/01 (former empl) (Entered: 04/03/2001)

RECAP
54 April 5, 2001

MINUTE ORDER : by Judge John L. Kane denying as premature pla's motion for sanctions [50-1] with leave to re-file if appropriate following court's decision on mtn for sum jgm. (cc: all counsel) ; entry date : 4/6/01 (former empl) (Entered: 04/06/2001)

RECAP
55 April 10, 2001

Evidentiary objs and MOTION by plaintiff to strike (certain exhibits to motion response [51-1]) (former empl) (Entered: 04/12/2001)

RECAP
56 April 10, 2001

REPLY by plaintiff to dft's opposition to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/12/2001)

RECAP
57 April 13, 2001

MINUTE ORDER : by Judge John L. Kane regarding [55-1] motion to strike (certain exhibits to motion response [51-1]) Dft shall respond on or before 5/1/01. Pla shall reply on or before 5/11/01 (cc: all counsel) ; entry date : 4/17/01 (erv) (Entered: 04/17/2001)

RECAP
58 April 18, 2001

Application (MOTION) by plaintiff for continuance of scheduling conference set 5/1/01 (gms) (Entered: 04/23/2001)

RECAP
59 April 19, 2001

RESPONSE by defendant US Olympic Committee in opposition to motion for continuance of scheduling conference set 5/1/01 [58-1] (gms) (Entered: 04/23/2001)

RECAP
60 April 24, 2001

MINUTE ORDER : by Judge John L. Kane denying pla's application (motion) for continuance of scheduling conference set 5/1/01 [58-1] (cc: all counsel) ; entry date : 4/25/01 (former empl) (Entered: 04/25/2001)

RECAP
61 April 26, 2001

MINUTE ORDER : by Judge John L. Kane ; rule 16 conference time changed to 3:00 on 5/1/01 (cc: all counsel) ; entry date : 4/27/01 (former empl) (Entered: 04/27/2001)

RECAP
62 April 30, 2001

Supplement to Stipulated Scheduling and Discovery Order: AFFIDAVIT of Countess Pease Jeffries, Esq. (former empl) (Entered: 05/01/2001)

RECAP
63 May 1, 2001

MINUTE ORDER : by Judge John L. Kane Vacating rule 16 conf scheduled for 5/1/01 (cc: all counsel) ; entry date : 5/1/01 (former empl) (Entered: 05/01/2001)

RECAP
64 May 1, 2001

RESPONSE in Opposition by defendant US Olympic Committee to Pltf's Evidentiary Objections and motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/02/2001)

RECAP
65 May 7, 2001

ORDER on Scheduling and Case Management Issues Judge John L. Kane ; Discovery cutoff 11/30/01 ;dispositive motions due 12/28/01 (cc: all counsel) (former empl) (Entered: 05/08/2001)

RECAP
66 May 10, 2001

REPLY by plaintiff to response to motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/10/2001)

RECAP
67 May 14, 2001

ADDENDA TO STIPULATED SCHEDULING AND DISCOVERY ORDER by plaintiff (former empl) (Entered: 05/15/2001)

RECAP
Aug. 10, 2001

Tendered Amended Answer and Amended Answer to First Amendment to Complaint submitted by defendant US Olympic Committee re: motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68−1] (former empl) (Entered: 08/10/2001)

PACER
68 Aug. 10, 2001

MOTION by defendant US Olympic Committee to File Amended Answer and Amended Answer to First Amendment to Complaint (former empl) (Entered: 08/10/2001)

RECAP
Aug. 10, 2001

Tendered Amended Answer and Amended Answer to First Amendment to Complaint submitted by defendant US Olympic Committee re: motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (former empl)

69 Aug. 13, 2001

MINUTE ORDER : by Judge John L. Kane granting motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (cc: all counsel) ; entry date : 8/14/01 (former empl) (Entered: 08/14/2001)

RECAP
70 Aug. 13, 2001

AMENDED ANSWER and Amended Answer to First Amendment to Complaint [44-1], [18-1] by defendant US Olympic Committee (former empl) (Entered: 08/14/2001)

RECAP
71 Sept. 14, 2001

MOTION by plaintiff for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley (former empl) (Entered: 09/17/2001)

RECAP
72 Sept. 18, 2001

MINUTE ORDER : by Judge John L. Kane granting motion for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley [71-1] attorney Countess Pease Jeffries for Mark E. Shepherd (cc: all counsel) ; entry date : 9/19/01 (former empl) (Entered: 09/19/2001)

RECAP
Sept. 21, 2001

Tendered Pltf's Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) submitted by plaintiff re: motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73−1] (former empl) (Entered: 09/21/2001)

PACER
73 Sept. 21, 2001

MOTION by plaintiff for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) (former empl) (Entered: 09/21/2001)

RECAP
74 Sept. 21, 2001

MOTION by plaintiff to amend schedule order [65-1] (former empl) (Entered: 09/21/2001)

RECAP
Sept. 21, 2001

Tendered Pltf's Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) submitted by plaintiff re: motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] (former empl)

75 Sept. 24, 2001

MOTION by plaintiff for Protective Order Regarding the Deposition of Plaintiff Shepherd (former empl) (Entered: 09/24/2001)

RECAP
76 Sept. 24, 2001

MINUTE ORDER : by Judge John L. Kane granting motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] and Dfts may file a suppl response by 10/5/01 (cc: all counsel) ; entry date : 9/25/01 (former empl) (Entered: 09/25/2001)

RECAP
77 Sept. 24, 2001

Supplemental BRIEF by plaintiff in support of motion for partial summary judgment [32-1] pursuant to Fed.R.Civ.P. 56(a) (former empl) (Entered: 09/25/2001)

RECAP
78 Sept. 27, 2001

MINUTE ORDER : by Judge John L. Kane granting motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1]; hearing on sanctions previously set 10/9/01 10:00 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)

RECAP
79 Sept. 27, 2001

MINUTE ORDER : by Judge John L. Kane setting hearing on pla's motion to amend schedule order [65-1] [74-1] 10:00 10/9/01 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)

RECAP
80 Sept. 28, 2001

RESPONSE by defendant US Olympic Committee to pla's motion to amend schedule order [65-1] [74-1] and pla's motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1] (gms) (Entered: 10/01/2001)

RECAP
81 Oct. 5, 2001

STIPULATION re: 1) Pltf's Motion to Modify Case Management Order; 2) Dft's Withdrawal of Affirmative Defense; 3) Pltf's Motion for Leave to File Amended Complaint by plaintiff Mark E. Shepherd, defendant US Olympic Committee (former empl) (Entered: 10/09/2001)

RECAP
Oct. 9, 2001

Tendered Second Amended Complaint submitted by plaintiff re: motion for leave to File a Second Amended Complaint [82−1] (former empl) (Entered: 10/09/2001)

PACER
82 Oct. 9, 2001

Unopposed MOTION by plaintiff for leave to File a Second Amended Complaint (former empl) (Entered: 10/09/2001)

RECAP
83 Oct. 9, 2001

MINUTE ORDER : by Judge John L. Kane denying as moot motion to amend schedule order [65-1] [74-1] and motion to strike (certain exhibits to motion response [51-1]) [55-1] (cc: all counsel) ; entry date : 10/10/01 (former empl) (Entered: 10/10/2001)

RECAP
84 Oct. 9, 2001

COURTROOM MINUTES by Judge John L. Kane denying w/o prej as being moot motion for partial summary judgment [32-1], granting motion for leave to File a Second Amended Complaint [82-1] ; Pltf's Oral Motion to Include the Work Willful in Describing Dft's Conduct in Count Four of the Second Amended Complaint is granted; Court will not consider sanctions on Pltf's former cnsl unless a motion is filed and served on former cnsl. Sanctions will also not be imposed on present cnsl because of their current efforts. Atty fees shall not be assessed entry date : 10/10/01 Court Reporter: ECR (former empl) (Entered: 10/10/2001)

RECAP
Oct. 9, 2001

Tendered Second Amended Complaint submitted by plaintiff re: motion for leave to File a Second Amended Complaint [82-1] (former empl)

85 Oct. 10, 2001

SECOND AMENDED COMPLAINT [43-1] by plaintiff; jury demand (former empl) (Entered: 10/10/2001)

RECAP
86 Oct. 23, 2001

TRANSCRIPT of Hearing on 10/9/01 before Judge Kane, Jr. ( pages: 20) Prepared By: Fed Rpting Svc (certified copy) (former empl) (Entered: 10/24/2001)

RECAP
87 Oct. 24, 2001

ANSWER by defendant to second amended complaint [85-1] (former empl) (Entered: 10/25/2001)

RECAP
Dec. 28, 2001

Tendered Third Amended Complaint submitted by plaintiff re: motion to file third amended complaint [85−1] [88−1] (pap) (Entered: 12/31/2001)

PACER
88 Dec. 28, 2001

Unopposed MOTION by plaintiff to file third amended complaint [85-1] (pap) (Entered: 12/31/2001)

RECAP
Dec. 28, 2001

Tendered Third Amended Complaint submitted by plaintiff re: motion to file third amended complaint [85-1] [88-1] (pap)

89 Jan. 3, 2002

MINUTE ORDER : by Judge John L. Kane granting motion to file third amended complaint [85-1] [88-1] (cc: all counsel) ; entry date : 1/3/02 (former empl) (Entered: 01/03/2002)

RECAP
90 Jan. 3, 2002

THIRD AMENDED COMPLAINT [85-1] by plaintiff; jury demand (former empl) (Entered: 01/03/2002)

RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 26, 1999

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Paralympic athlete and employee of U.S. Olympic Committee

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Olympic Committee

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Other Dockets:

District of Colorado 1:99-cv-02077

U.S. Court of Appeals for the Tenth Circuit 07-01053

U.S. Court of Appeals for the Tenth Circuit 07-01056

District of Colorado 1:03-cv-01364

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Private Settlement Agreement

Recommended Citation