Ada Rights Reconsideration Case

Summary

Maria is seeking reconsideration for a dismissed case related to the Americans with Disabilities Act (ADA) in Colorado. She believes her ADA rights were violated when the judge did not extend the statute of limitations due to her disability. She has PTSD and major depression which she claims affected her ability to file within the prescribed statute of limitations. She has filed an appeal, a reconsideration for the appeal, and a motion rule 60 to vacate the lower judges order. The status of these filings is currently pending.

Full Conversation

lower court reconsideration
What is the nature of the case for which you are seeking reconsideration?
Tort
What is the specific tort issue you're seeking reconsideration for?
American with Disabilities
What is the specific issue related to the Americans with Disabilities Act (ADA) that you're seeking reconsideration for?

General Information:
- ADA prohibits discrimination against individuals with disabilities.
- For court details, location is needed.
statute of limitations
What state are you in? The statute of limitations for ADA claims varies by state.
Colorado
In Colorado, the statute of limitations for ADA claims is generally two years. For court details, Denver District Court: *-*-*.
another issue
What is the other legal issue you're facing?
judge denied my ADA rights
What specific ADA rights were denied by the judge?
statute of limitations
Explanation: If the judge denied your claim based on the statute of limitations, you may appeal if you believe the ruling was incorrect. Denver Court of Appeals: *-*-*.
I did
What was the outcome of your appeal?
dismissed
What were the reasons given for the dismissal of your appeal?
they did not say
What steps have you taken since the dismissal of your appeal?
reconsideration for appeal
What is the basis for your reconsideration request?
district judge violated ADA rights
What specific actions did the district judge take that you believe violated your ADA rights?
dismissed my case stating that it was outside limitations
What evidence do you have to prove that your case was within the statute of limitations?
Doctors notes on disability
What is the date of these doctor's notes in relation to the date you filed your case?
ongoing
What is the date of the incident that led to your disability?
*
What is the date you first filed your case?
My civil lawsuit?
When did you first file your lawsuit related to this disability incident?
not related to disability only to ADA rights
What is the specific ADA right that you believe was violated in your case?
Judge did not give me the time over the prescribed statute of limitations
What is the date you first filed your ADA claim?
Oct *
What is the exact date in October * when you filed your ADA claim?
it was not an ADA claim it was my ADA rights
What specific action or event led to the violation of your ADA rights?
my civil lawsuit did not allow the extension of statute of limitations
What is the reason you believe an extension of the statute of limitations should have been granted in your case?
according to Colorado Code *-*-*, *(c)
What does Colorado Code *-*-*, *(c) state that you believe should have granted you an extension of the statute of limitations?
Such person with disability is allowed to file either in the prescribed statute of limitations or within 2 years of the disability taken away; whichever is the later
What is the date when your disability was taken away?
partly on May *, *
What is the nature of your disability and how did it affect your ability to file within the prescribed statute of limitations?
PTSD and major depression
How did your PTSD and major depression specifically impact your ability to file your claim within the prescribed statute of limitations?
I lost my memory and the anxiety of thinking about it was too much
What steps have you taken since your case was dismissed due to the statute of limitations?
Appeal, reconsideration for Appeal, motion rule * to vacate the lower judge order
What was the outcome of your motion rule * to vacate the lower judge's order?
I have not gotten an answer but the appellate court still has not issued the mandate of dismissal
What is the current status of your motion rule *?
filed
What is the date you filed your motion rule *?
August *, *
What is the specific order you are seeking to vacate with your motion rule *?
the dismissal of my civil case
What is the basis for your motion rule * to vacate the dismissal of your civil case?
that I am entitled to ADA rights and judge did not consider that in determining that the statute of limitation had expired
What evidence do you have to support your claim that the judge did not consider your ADA rights in determining the statute of limitations?
because he stated it was outside the statute of limitations but it is not
What is the exact date when the judge stated that your case was outside the statute of limitations?
Feb *, *
Have you consulted with a lawyer regarding your situation?
yes
What advice did your lawyer give you regarding your situation?
appeal and then after appeal was denied, advised going back to the lower court to ask for reconsideration
What is the current status of your reconsideration request in the lower court?
pending
What is the exact date you filed your reconsideration request in the lower court?
Aug *, *
What is the specific order you are seeking with your reconsideration request in the lower court?
vacate original judgemento
What is the original judgment that you are seeking to vacate?
dismissal of my case
What is the basis for your request to vacate the original judgment of dismissal?
ADA rights
What is the current status of your ADA rights case?
never mind
I understand. If you have any other questions or need further assistance in the future, feel free to reach out.