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

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-CV-02285-NYW

CENTER FOR LEGAL ADVOCACY, d/b/a

DISABILITY LAW COLORADO,

Plaintiff,

v.

REGGIE BICHA,
In his official capacity as Executive Director
Of the Colorado Department of Human Services, and

JILL MARSHALL,
In her official capacity as Superintendent
Of the Colorado Mental Health Institute at Pueblo

Defendants.

DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR

APPOINTMENT OF SPECIAL MASTER

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

Motion for Appointment of Special Master, and state:

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

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

address compliance with the Settlement Agreement timeframes concerning

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

the complex and technical issues in this case.

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

and Daniel Murrie of Groundswell Services, Inc.

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

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

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

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

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

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

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

Imprecision could lead to avoidable future disputes concerning such duties and

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

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

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

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

proposed by Groundswell through the Plaintiff; Defendants have mostly added

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

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

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

special master are adopted as outlined in Exhibit A.

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

special master continue until the Department has maintained compliance with the

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Settlement Agreement timeframes concerning inpatient competency restoration

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

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

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

good cause shown.

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

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

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

CYNTHIA H. COFFMAN
Attorney General

s/ Tanya E. Wheeler
TANYA E. WHEELER, 37089*
First Assistant Attorney General
ELIZABETH J. MCCARTHY, 37799*
Senior Assistant Attorney General
SARAH RICHELSON, 50946*
Assistant Attorney General
ANN POGUE, 43137*
Assistant Attorney General
State Services Section
1300 Broadway, 6th Floor
Denver, CO 80203
Telephone: (720) 508-6151
FAX: (720) 508-6041
Email: tanja.wheeler@coag.gov
libbie.mccarthy@coag.gov
sarah.richelson@coag.gov
ann.pogue@coag.gov

*Counsel of Record
Attorneys for Defendants

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CERTIFICATE OF SERVICE (CM/ECF)

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

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

MOTION FOR APPOINTMENT OF SPECIAL MASTER, was electronically

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

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

Caleb Durling Iris Eytan

FOX ROTHSCHILD LLP EYTAN NIELSEN LLC
1225 17th Street 3200 Cherry Creek South Drive
Suite 2200 Denver, CO 80209
Denver, CO 80202 Telephone: 720-440-8155
Telephone: 303-945-7415 Facsimile: 720-440-8156
Facsimile: 303-974-7468 Email: iris@eytan-nielsen.com
Email: cdurling@foxrothschild.com

Ellie Lockwood Mark J. Ivandick

Timothy P. Scalo Jennifer Purrington
SNELL AND WILMER LLP DISABILITY LAW COLORADO
1200 Seventeenth Street, Suite 1900 455 Sherman St., Ste. 130
Denver, CO 80202 Denver, CO 80203
Telephone: 303-634-2000 Telephone: 303-722-0300
Facsimile: 303-634-2020 Facsimile: 303-722-0720
Email: elockwood@swlaw.com Email:mivandick@disabilitylawco.org

/s/Julia Wiggins