Smith v. Cheyenne Mountain School District 12
Plaintiff: Ramona Smith
Defendant: Cheyenne Mountain School District 12
Case Number: 1:2014cv02651
Filed: September 25, 2014
Court: US District Court for the District of Colorado
Office: Denver Office
County: El Paso
Presiding Judge: Philip A. Brimmer
Presiding Judge: Craig B. Shaffer
Nature of Suit: Civil Rights: Education
Cause of Action: 28 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
October 16, 2015 Opinion or Order Filing 63 ORDER by Judge Philip A. Brimmer on 10/16/15. ORDERED: The following permanent injunction shall enter: Pursuant to 20 U.S.C. § 1415(j), R.S.'s current educational placement for purposes of plaintiff's present due process complaint, E A 2014-0018 and any subsequent judicial review of that complaint, is the Cheyenne Mountain Charter Academy. ORDERED: Defendant Cheyenne Mountain School District 12 is required to maintain R.S.'s educational placement while judicial review of EA 2014-0018 is pending, including during the pendency of Smith v. Cheyenne Mountain Sch. Dist. 12, Case No. 14-cv-03390-PAB-CBS. Defendant must maintain R.S's current educational placement through the pendency of any appeals of the Court's de cision in 14-cv-03390 or until the deadline to file any appeal has passed, whichever is later. See Joshua A. v. Rocklin Unified Sch. Dist., 559 F.3d 1036 (9th Cir. 2009) (holding that stay-put provision applies during appeal of district court decisio n to circuit court). ORDERED: Should the parties agree on an alternative educational placement during the pendency of an appeal, the parties must seek Court approval before removing R.S. from the Cheyenne Mountain Charter Academy. ORDERED: This case is closed. (kpreu)
August 20, 2015 Opinion or Order Filing 61 ORDER denying 11 Motion to Dismiss. ORDERED that, on or before September 15, 2015, defendant shall show cause why the preliminary injunction as set forth in Docket No. 21 should not be converted to a permanent injunction. Plaintiff shall file a response on or before September 21, 2015. Entered by Judge Philip A. Brimmer on 08/20/15.(jhawk, )
October 17, 2014 Opinion or Order Filing 21 ORDER that plaintiff's Verified Motion for Temporary Restraining Order and Preliminary Injunction 5 is GRANTED in part and DENIED in part, by Judge Philip A. Brimmer on 10/17/2014. (agarc, )
October 16, 2014 Opinion or Order Filing 20 MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 10/16/2014. Order granting 5 Motion for Preliminary Injunction and denying 16 Motion in Limine. Court Reporter: Janet Coppock. (kpreu)
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Plaintiff: Ramona Smith
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Defendant: Cheyenne Mountain School District 12
Represented By: William K. Dude
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