Case: Hollonbeck v. U.S. Olympic Committee

U.S. Court of Appeals for the Tenth Circuit

Colorado Cross-Disability Coalition

COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 07/29/2003)

FILING FEE PAID: on 7/28/03 in the amount of $ 150, receipt # 245055. (bpm) (Entered: 07/29/2003)

MOTION by defendants to dismiss Vie Sports claims for lack of subject matter jurisdiction purs to Fed.R.civ.P. 12(B)(1) (dlb) Modified on 01/21/2004 (Entered: 10/07/2003)

MOTION by defendants to dismiss pla's ADA and Rehab Act Claims purs to Fed.R.Civ.P. 12(B)(6) (dlb) (Entered: 10/07/2003)

Unopposed MOTION by plaintiffs to extend time to resp to dft's mtn to dismiss (dlb) (Entered: 10/08/2003)

MINUTE ORDER : by Judge John L. Kane granting motion to extend time to resp to dft's mtn to dismiss [4−1], regarding [3−1] dft's motion to dismiss pla's ADA and Rehab Act Claims, and [2−1] motion to dismiss for lack of jurisdiction; pla's resp due by 11/14/03; dft reply by 12/2/03; (cc: all counsel) ; entry date : 10/9/03 (dlb) (Entered: 10/09/2003)

MOTION by plaintiffs for leave to amend complaint [1−1] (dlb) (Entered: 10/22/2003)

Tendered Amended Complaint submitted by plaintiff re: motion for leave to amend complaint [1−1] [6−1] (dlb) (Entered: 10/22/2003)

ORDER by Judge John L. Kane granting motion for leave to amend complaint [1−1] [6−1] (cc: all counsel) ; entry date : 10/23/03 (dlb) (Entered: 10/23/2003)

AMENDED COMPLAINT [1−1] by plaintiff; jury demand (dlb) (Entered: 10/23/2003)

ORDER by Judge John L. Kane granting stipulated motion for order re: briefing schedule [9−1] regarding [8−1] pla's amended complaint; USOC's ext of ddl to respond is 11/24/03; if USOC files an add'l mtn to dismiss; Vie Sports' shall respond by 12/17/03; USOC shall reply by 1/5/04; regarding [2−1] motion to dismiss for lack of jurisdiction, briefing is STAYED until the court has ruled on the NEW 12(b)(6) mtn; if the court grants the new 12(b)(6) mtn; Vie Sports shall respond to the USOC's mtn to dismiss within 15 days of that decision; Vie Sports shall reply no later 18 days; (cc: all counsel) ; entry date : 11/4/03 (dlb) (Entered: 11/04/2003)

BRIEF by plaintiffs in opposition to dft's motion to dismiss pla's ADA and Rehab Act Claims [3−1] (dlb) (Entered: 11/17/2003)

MOTION by defendants to dismiss Vie Sports federal discrimination claims for lack of subject matter jurisdiction purs to Fed.R.Civ.P. 12(B)(1) (dlb) Modified on 01/21/2004 (Entered: 11/25/2003)

REPLY by defendants to pla's response to dft's motion to dismiss pla's ADA and Rehab Act Claims [3−1] (dlb) (Entered: 12/03/2003)

MINUTE ORDER : by Judge John L. Kane regarding [12−1] dft's motion to dismiss for lack of jurisdiction, plas shall resp by 12/17/03; dfts shall reply by 1/5/04 (cc: all counsel) ; entry date : 12/3/03 (dlb) (Entered: 12/03/2003)

Unopposed MOTION by plaintiffs to extend time to 12/31/03 to respond to dft's mtn to dismiss (dlb) (Entered: 12/11/2003)

MINUTE ORDER : by Judge John L. Kane granting pla's motion to extend time to 12/31/03 to respond to dft's mtn to dismiss [15−1], regarding [12−1] dft's motion to dismiss for lack of jurisdiction (cc: all counsel) ; entry date : 1/12/04 (dlb) (Entered: 01/12/2004)

Opposition (RESPONSE) by plaintiffs to dft's motion to dismiss for lack of jurisdiction [12−1] (dlb) (Entered: 01/12/2004)

REPLY by dfts US Olympic Committee, U.S. Paralympics Inc to response to motion to dismiss Vie Sports federal discrimination claims for lack of subject matter jurisdiction [12−1] (gms) (Entered: 01/21/2004)

MOTION by plaintiffs for leave to submit recently−decided authority in opp to dft's mtn to dismiss pla's ADA and Rehab Act Claims purs to Fed.R.Civ.P. 12(b)(6) *attached to motion (dlb) (Entered: 02/10/2004)

MINUTE ORDER : by Judge John L. Kane granting motion for leave to submit recently−decided authority in opp to dft's mtn to dismiss pla's ADA and Rehab Act Claims [19−1], regarding [3−1] motion to dismiss pla's ADA and Rehab Act Claims, dfts may file a short response by 2/20/04 (cc: all counsel) ; entry date : 2/13/04 (dlb) (Entered: 02/13/2004)

RESPONSE by US Olympic Committee, U.S. Paralympics Inc to pla's supplemental authority [19−1] *included in motion (dlb) (Entered: 02/23/2004)

MOTION by plaintiffs for scheduling conference (hearing) and to commence discovery (dlb) (Entered: 04/12/2004)

MINUTE ORDER : by Judge John L. Kane granting in part pla's motion for scheduling conference (hearing) and to commence discovery [22−1]; the mtn is granted to the extent it req a sched conf; pla's mtn is denied to the extent it req discovery to commence immediately ; rule 16 conference set for 10:00 7/28/04 (cc: all counsel) ; entry date : 4/19/04 (dlb) (Entered: 04/19/2004)

Unopposed MOTION by plaintiffs for relief from 21 day ddl for Rule 26(f) meeting (dlb) (Entered: 06/21/2004)

MINUTE ORDER : by Judge John L. Kane granting motion for relief from 21 day ddl for Rule 26(f) meeting [24−1] (cc: all counsel) ; entry date : 6/22/04 (dlb)

Submission of SUPPLEMENTAL Authority by plaintiff (dlb) (Entered: 09/03/2004)

RESPONSE by defendants to pla's supplemental authority [27−1] (dlb) (Entered: 09/23/2004)

MOTION for Ruling or Combined Oral Argument by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/27/2005)

MOTION for Leave to Appear by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Williams, Kevin) (Entered: 06/29/2005)

NOTICE of Entry of Appearance by Kevin William Williams on behalf of all plaintiffs (Williams, Kevin) (Entered: 06/30/2005)

Second Supplement to 17 Opposition (RESPONSE) by plaintiffs to dft's motion to dismiss for lack of jurisdiction [12−1] by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Attachments: # 1 Appendix Supplemental Authority)(Robertson, Amy) (Modified on 8/2/2005 to correct linkage and verbiage) (dlb, ). (Entered: 08/01/2005)

MINUTE ORDER granting in part 29 MOTION for Ruling or Combined Oral Argument by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. Oral argument is set for 9/21/05 at 1:30 p.m., Ctrm A802. Argument w/be limited to the athlete issues common to this case and 99-cv-2077-JLK by Judge John L. Kane on 8/17/05. (dlb, ) (Modified on 8/17/2005 to add Minute)(dlb, ).

NOTICE of Entry of Appearance of Christopher T. Handman by John William Cook on behalf of United States Olympic Committee, U.S. Paralympics, Inc. (Cook, John) (Entered: 09/15/2005)

NOTICE of Entry of Appearance (Amended) for Christopher T. Handman as Co−Counsel by John William Cook on behalf of United States Olympic Committee, U.S. Paralympics, Inc. (Cook, John) (Entered: 09/16/2005)

Minute Entry for proceedings held before Judge John L. Kane : Motion Hearing held on 9/21/2005. Denying 2 Motion to Dismiss/Lack of Jurisdiction filed by United States Olympic Committee, U.S. Paralympics, Inc. and taking under advisement 3 Motion to Dismiss filed by United States Olympic Committee, U.S. Paralympics, Inc. (Court Reporter Adrienne Whitlow.) (gms, ) (Entered: 09/23/2005)

ORDER denying 2 Motion to Dismiss for Lack of Jurisdiction, taking under advisement 3 Motion to Dismiss pursuant to the minutes by Judge John L. Kane on 9/21/05. (Text only entry − no document attached) (gms, ) (Entered: 09/23/2005)

TRANSCRIPT of Motions Hearing held on September 21, 2005 for Case No. 99−cv−02077−JLK and 03−cv−01364−JLK before Judge John L. Kane, Jr. Prepared by: Adrienne Whitlow, CSR. Pages: 1 − 61. (certified copy) Text Only Entry − Available in paper format at the Clerk's Office. [The paper formate copy is filed in case no. 99−cv−02077−JLK, Document #180]. (dlb, ) (Entered: 10/06/2005)

STIPULATION and Protective Order by Defendants United States Olympic Committee, U.S. Paralympics, Inc., U.S. Paralympics, Inc.. (Attachments: # 1 Exhibit A)(Morgan, Virginia) (Entered: 04/19/2006)

Joint MOTION for Protective Order by Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Stipulation and Protective Order# 2 Exhibit A)(Morgan, Virginia) (Entered:

STIPULATION AND PROTECTIVE ORDER pursuant to 39 Joint MOTION for Protective Order . Signed by Judge John L. Kane on 4/25/06. (dln, )

MOTION to Withdraw as Attorney by Virginia S. Morgan by Defendant United States Olympic Committee. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion)(Morgan, Virginia) (Entered: 06/01/2006)

ORDER granting 41 Motion to Withdraw Attorney Virginia Starr Morgan as counsel for Defendant United States Olympic Committee. Signed by Judge John L. Kane on 6/5/06. (dln, ) (Entered: 06/05/2006)

MOTION for Ruling on 3 Motion to Dismiss by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/05/2006)

MOTION for Hearing/Conference : Scheduling Conference and Commencement of Discovery by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Robertson, Amy) (Entered: 06/05/2006)

MINUTE ORDER re: 44 MOTION for Hearing/Conference : Scheduling Conference and Commencement of Discovery by Plaintiffs. Defendants shall respond by 6/15/06. No reply is necessary unless requested by Judge John L. Kane on 6/7/06. (dln, ) (Entered: 06/08/2006)

ORDER granting as specified 43 MOTION for Ruling on 3 Motion to Dismiss by Plaintiffs . Signed by Judge John L. Kane on 6/14/06. (dln, )

NOTICE of Entry of Appearance by John William Cook on behalf of all defendants (Cook, John) (Entered: 06/16/2006)

MOTION For Extension of Time to Submit Proposed Orders by Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Order)(Cook, John) (Entered: 06/20/2006)

RESPONSE to Motion re 44 MOTION for Hearing/Conference : Scheduling Conference and Commencement of Discovery filed by Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Cook, John) (Entered: 06/20/2006)

ORDER granting to 7/12/06 48 MOTION For Extension of Time to Submit Proposed Orders by Defendants . Signed by Judge John L. Kane on 6/21/06. (dln, ) (Entered: 06/21/2006)

NOTICE of Entry of Appearance by Anne Hall Turner on behalf of all defendants (Turner, Anne) (Entered: 06/22/2006)

NOTICE re 3 Motion to Dismiss, 43 MOTION for Ruling on 3 Motion to Dismiss, 46 Order on Motion for Ruling, 11 Brief in Opposition to Motion, 13 Reply to Response to Motion Submission of Proposed Order by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Attachments: # 1 Proposed Order (PDF Only))(Robertson, Amy) (Entered: 07/12/2006)

NOTICE by Defendants United States Olympic Committee, U.S. Paralympics, Inc., U.S. Paralympics, Inc. (Attachments: # 1 Proposed Order (PDF Only) Defendants' Proposed Order)(Cook, John) (Entered: 07/12/2006)

MEMORANDUM OPINION AND ORDER: 3 MOTION by defendants to dismiss pla's ADA and Rehab Act Claims purs to Fed.R.Civ.P. 12(B)(6) is granted. Signed by Judge John L. Kane on 11/16/06. (dln, )

MINUTE ORDER : Status Conference set for 12/7/2006 10:00 AM in Courtroom A 802 before Judge John L. Kane. Parties to file Joint Status Report by 12/5/06 by Judge John L. Kane on 11/21/06.. Signed by Judge John L. Kane on 11/21/06. (dln, ) (Entered: 11/21/2006)

MINUTE ORDER : RESETTING Status Conference for 1/4/2007 10:30 AM in Courtroom A 802 before Judge John L. Kane by Judge John L. Kane on 11/30/06. (dln, ) (Entered: 11/30/2006)

NOTICE of Entry of Appearance by Ari Reuben Krichiver on behalf of all plaintiffs (Krichiver, Ari) (Entered: 01/02/2007)

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc., Defendants United States Olympic Committee, U.S. Paralympics, Inc.. (Attachments: # 1 Exhibit Stipulation Concerning Vie Sports Marketing, Inc.'s ADA and Rehabilitation Act Claims)(George, Jeffrey) (Entered: 01/02/2007)

Minute Entry for proceedings held before Judge John L. Kane: Status Conference held on 1/4/2007. Status Report due by 4/15/2007, Status Conference set for 6/25/2007 09:30 AM before Judge John L. Kane. (Court Reporter Adrienne Whitlow.) (jjh, ) (Entered: 01/04/2007)

NOTICE of Filing Proposed Direction of Final Judgment Pursuant to F.R.C.P. Rule 54(b) by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Attachments: # 1 Proposed Document Judgment)(Robertson, Amy) (Entered: 01/10/2007)

Direction of Final Judgment Pursuant to FRCP Rule 54(b) (ORDER): Judgment be entered on Claim I and Claim II of the Amended Complaint against all Plaintiffs. Signed by Judge John L. Kane on 01/10/07. (jjh, ) (Modified on 1/10/2007 to clarify entry is an Order not Judgment)(lamsl, ). (Entered: 01/10/2007)

Docket Annotation re: 62 Direction of Final Judgment. This entry was modified to clarify it is not the Final Judgment. Text only entry − no document attached. (lamsl, ) (Entered: 01/10/2007)

JUDGMENT by Clerk is entered against all Plaintiffs on Claim I and Claim II of the Amended Complaint. Signed on 01/10/07. (jjh, ) (Entered: 01/10/2007)

Minute ORDER denying without Prejudice Defendant's 12 Motion to Dismiss for Lack of Jurisdiction; denying as Moot Plaintiffs' 44 Motion for Scheduling Conference and Commencement of Discovery by Judge John L. Kane on 02/01/07.(jjh, )

ANSWER to Amended Complaint and Affirmative Defenses , COUNTERCLAIM against Vie Sports Marketing, Inc. by United States Olympic Committee, U.S. Paralympics, Inc..(George, Jeffrey) (Entered: 02/02/2007)

NOTICE OF APPEAL as to 64 Clerk's Judgment, 54 Memorandum &Opinion Joint Notice of Appeal by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Robertson, Amy) (Entered: 02/06/2007)

LETTER re Appeal to all counsel advising of the transmittal of the 67 Joint Notice of Appeal filed by Plaintiffs to the U.S. Court of Appeals. (Retained counsel; Fees not paid) (Attachments: # 1 Joint Notice of Appeal# 2 Docket Sheet)(bjr, ) (Entered: 02/07/2007)

TRANSCRIPT of Status Conference filed for dates of 01/04/07 before Judge John L. Kane, re 67 Notice of Appeal Prepared by: Adrienne Whitlow. Pages: 1−12. (certified copy) Text Only Entry − 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. (Transcript filed in appeal for 99−cv−02077−JLK)(bjr, ) (Entered: 02/12/2007)

USCA Case Number 07−1053 for 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. Appellant has 30 days to either pay the $455.00 filing fee or file an application for leave to proceed without prepayment of fees to the district court. (bjr, ) (Entered:

TRANSCRIPT ORDER FORM re 67 Notice of Appeal by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. (Robertson, Amy) (Entered: 02/16/2007)

LETTER TO USCA and all counsel certifying the record is complete as to 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. ( Appeal No. 07−1053) (bjr, ) (Entered: 02/20/2007)

Unopposed MOTION for Extension of Time to File Response/Reply to 66 Counterclaim by Counter Defendant Vie Sports Marketing, Inc.. (Krichiver, Ari) Modified on 2/22/2007 to add linkage (jjh, ). (Entered: 02/21/2007)

Docket Annotation re: 74 Unopposed MOTION for Extension of Time to File Response/Reply to 66 Counterclaim . Modified to add linkage. Text only entry − no document attached. (jjh, ) (Entered: 02/22/2007)

Minute ORDER granting Plaintiff Vie Sports Marketing Inc.'s Unopposed 74 Motion for Extension of Time to File Reply to Counterclaim by 03/01/07 by Judge John L. Kane on 02/22/07.(jjh, ) (Entered: 02/22/2007)

Utility Setting/Resetting Deadlines/Hearings: Pursuant to Minute Order of 02/22/07. Vie Sports Marketing, Inc. answer due 3/1/2007. Text only entry − no document attached. (jjh, ) (Entered: 02/22/2007)

ANSWER to Counterclaim by Vie Sports Marketing, Inc..(Krichiver, Ari) (Entered: 02/28/2007)

NOTICE of Entry of Appearance by Timothy Patrick Fox on behalf of all plaintiffs (Fox, Timothy) (Entered: 02/28/2007)

MINUTE ORDER Setting Status Conference for 7/2/2007 09:30 AM in Courtroom A 802 before Judge John L. Kane. Status Conference set for 06/25/07 is vacatedby Judge John L. Kane on 03/13/07. (jjh, ) (Entered: 03/13/2007)

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Krichiver, Ari) (Entered: 04/13/2007)

MINUTE ORDER : Matter stayed pending continued settlement discussions. An additional Status Report due by 4/27/2007, by Judge John L. Kane on 4/13/07. (gms, ) (Entered: 04/13/2007)

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc.. (Krichiver, Ari) (Entered: 04/27/2007)

Joint STATUS REPORT by Plaintiffs Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc., Counter Defendant Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/28/2007)

STIPULATION of Dismissal of Party by Counter Defendant Vie Sports Marketing, Inc., Plaintiff Vie Sports Marketing, Inc.. (Robertson, Amy) (Entered: 06/28/2007)

Minute Entry for proceedings held before Judge John L. Kane: Status Conference held on 7/2/2007. (Civil Action Nos. 99−cv−02077−JLKand 03−cv−01364−JLK are called together for discovery purposes only. The following Deadlines are set for 99−cv−02077 ONLY. ORDERED: A 2week Jury Trial is set for February 19−29, 2008 at 8:30am. ORDERED: The Final Trial Preparation Conference is set for 02/08/08 at 10:00 a.m. ORDERED: The Pretrial Conference is set for 12/12/07 at 10:00 a.m. Counsel are allowed to submit the Stipulated Pretrial Order on 12/12/07. If not stipulated, counsel shall submit the Pretrial Order by 12/07/07. ORDERED: Any designation of experts must be submitted on or before 09/01/07. ORDERED: Any Daubert objections must be submitted on or before 10/02/07.. (Court Reporter Darlene Martinez.) (jjh, ) (Entered: 07/02/2007)

ORDER DISMISSING WITH PREJUDICE VIE SPORTS MARKETING, INC.S CLAIMS ANDU.S. PARALYMPICS, INC.S COUNTERCLAIM. The Final Judgment has already entered on all other claims in this action. Signed by Judge John L. Kane on 07/12/07. (jjh, ) (Entered: 07/12/2007)

USCA Opinion and Judgment as to 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc. : The judgment of the district court is affirmed. (USCA Case No. 07-1053) (This document is not the Mandate) (Attachments: # 1 USCA Judgment, # 2 Letter)(bjr2, ) (Entered: 01/17/2008)

1 USCA Judgment

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2 Letter

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MANDATE of USCA as to 67 Notice of Appeal filed by Scot Hollonbeck, Jose Antonio Iniguez, Jacob Walter Jung Ho Heilveil, Vie Sports Marketing, Inc., and 88 USCA Opinion and Judgment: The judgment of the district court is affirmed. (USCA Case No. 07-1053) (bjr2, ) (Entered: 03/04/2008)

Letter from 10CCA regarding writ of certiorari which was filed on 05/27/08 re 67 Notice of Appeal by Hoolenbeck et al ; assigned Supreme Court No. 07-1504 ( Appeal No. 07-1053 & 07-1056) (Attachments: # 1 Supreme Court Letter)(bjr2, ) (Entered: 06/06/2008)

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Letter from 10CCA regarding writ of certiorari which was denied on 10/06/08 re 67 Notice of Appeal by Scot Hollonbeck et al; assigned Supreme Court No. 07-1504 ( Appeal No. 07-1053 & 07-1056) (Attachments: # 1 Supreme Court Letter)(bjr2, ) (Entered: 10/15/2008)

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