Doe et al v. Alexander Dawson School, L.L.C., The
| Jane (I) Doe and Jane Doe |
| Alexander Dawson School, L.L.C., The |
| 1:2018cv03342 |
| December 28, 2018 |
| US District Court for the District of Colorado |
| Marcia S Krieger |
| N Reid Neureiter |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 18 SUPPLEMENT/AMENDMENT to #1 Complaint, REDACTED PURSUANT TO COURT ORDER by Plaintiffs Jane Doe, Jane (I) Doe. (Laszlo, Michael) |
| Filing 17 Civil Case Terminated pursuant to #15 NOTICE of Voluntary Dismissal of Case by Plaintiffs. Text Only Entry. (cthom, ) |
Filing 16
ORDER granting #14 Motion for Leave to Restrict: The Court finds that the allegations in the Complaint regarding Mr. Moore are completely irrelevant to the matters asserted in the Complaint and should not have been included. Because there is no public interest in access to irrelevant allegations and because Mr. Moore has a significant privacy interest regarding the matters asserted, the Court grants the motion. The Clerk of the Court shall place the Complaint #1 under a Level 1 restriction. Within 72 hours, the parties shall publicly file a redacted version of the Complaint that omits or conceals the allegations found at paragraphs 63-65, 87, and 102 of the original. by Chief Judge Marcia S. Krieger on 1/14/19. Text Only Entry (msklc2, )
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| Filing 15 NOTICE of Voluntary Dismissal of Case by Plaintiffs Jane Doe, Jane (I) Doe (Laszlo, Michael) |
| Filing 14 Stipulated MOTION for Leave to Restrict by Defendant Alexander Dawson School, L.L.C., The. (Fisher, Maurice) |
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Filing 13
ORDER: Although not captioned as a motion, the Plaintiff's Notice of Settlement #12 does contain a request for relief, seeking a "stay {of} all proceedings" for a period of 60 days. The Court denies that request. MSK Practice Standards (Civil) 16.6(a) provides that no deadlines or hearings will be stayed or continued to facilitate the drafting and filing of dismissal papers. Accordingly, the deadlines and hearing set in the Court's December 28, 2018 Order remain in effect, unless and until a stipulation of dismissal or other documents sufficient to close the case are filed. By Chief Judge Marcia S. Krieger on 1/4/19. Text Only Entry (msklc2, )
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| Filing 12 NOTICE of Settlement by Plaintiffs Jane Doe, Jane (I) Doe (Laszlo, Michael) |
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Filing 11
ORDER Setting Scheduling/Planning Conference for 3/20/2019 11:00 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter, by Magistrate Judge N. Reid Neureiter on 1/03/2019. (slibi, )
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Filing 10
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 12/31/18. Text Only Entry (pglov)
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Filing 9
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 12/28/18. Text Only Entry (msklc2, )
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Filing 8
ORDER denying #2 Motion for TRO: The Court has some question as to whether the relief requested by the Plaintiffs -- an injunction directing their re-enrollment with the Defendant -- is affirmative in nature, requiring the Court to apply a heightened review to the Plaintiffs' showing of the preliminary injunction factors. Fish v. Kobach, 840 F.3d 710, 723-24 (10th Cir. 2017). However, even under the traditional preliminary injunction analysis, the Court finds that the Plaintiffs have failed to make the showing required in order to obtain ex parte injunctive relief. The Court has significant doubts as to whether the Plaintiffs have shown a likelihood of success on their breach of contract/breach of the duty of good faith claims -- the only claims for which prospective relief (e.g. in the form of specific performance) might even be cognizable. Even if they have, the Court finds that the Plaintiffs have not made a sufficient showing that they will suffer an immediate and irreparable injury. They acknowledge that they are free to enroll in another school, private or public, to continue their education. Indeed, the Complaint acknowledges that they are attempting to do so.The fact that delay from the Defendant in responding to inquiries from their new intended school has frustrated their attempts to expedite such enrollment is not a matter that the Court can address via the requested ex parte injunction. First, the Plaintiffs lack personal knowlege regarding the communications between the transferee school and the Defendant, and thus, the allegations regarding such communications are not sufficiently supported in the record. Second, even assuming that the alleged expulsion of the student Plaintiffs breached their contract with the Defendant, the Plaintiffs have pointed to no contractual provision that requires the Defendant to expedite responses to potential transferee schools, nor have the Plaintiffs alleged facts showing that the Defendant's delay in responding to such requests constitutes a breach of the covenant of good faith. (Indeed, the existence of threatened or actual litigation between the parties may itself explain why any communications regarding the Plaintiffs must now be vetted by counsel.) Finally, an injunction that would compel the Defendant to respond to the transferee school's request would itself be a mandatory injunction, subject to a heightened standard of proof. Accordingly, the Court denies that portion of the Plaintiffs' motion #2 that requests ex parte injunctive relief. Although the Court has doubts that even a preliminary injunction on notice could issue on the facts presented herein, the Court will nevertheless set this matter for a non-evidentiary hearing to address that portion of the Plaintiffs' motion. That hearing will be held on January 14, 2019 at 3:00 p.m. To ensure that the Defendants are promptly served and have the opportunity to be heard in advance of that hearing, the Court directs that the Plaintiffs effectuate service of the Summons, Complaint, Motion for Preliminary Injunction, and a copy of this Order on the Defendants on or before January 3, 2019. The Defendants shall file a response to the motion for preliminary injunction on or before January 11, 2019. by Chief Judge Marcia S. Krieger on 12/28/18. Text Only Entry (msklc2, )
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| Filing 7 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 18-cv-03342-MSK. (athom, ) |
| Filing 6 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (dbera, ) |
| Filing 5 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (dbera, ) |
| Filing 4 NOTICE of Entry of Appearance by Theodore E. Laszlo, Jr on behalf of Jane Doe, John Doe 1, John Doe 2Attorney Theodore E. Laszlo, Jr added to party Jane Doe(pty:pla), Attorney Theodore E. Laszlo, Jr added to party John Doe 1(pty:pla), Attorney Theodore E. Laszlo, Jr added to party John Doe 2(pty:pla) (Laszlo, Theodore) |
| Filing 3 MOTION for Protective Order TO PROCEED BY PSEUDONYM by Plaintiffs Jane Doe, John Doe 1, John Doe 2. (Laszlo, Michael) |
| Filing 2 Emergency MOTION for Temporary Restraining Order AND Preliminary Injunction by Plaintiffs Jane Doe, John Doe 1, John Doe 2. (Attachments: #1 Exhibit 1, #2 Proposed Order (PDF Only), #3 TRO INFORMATION SHEET)(Laszlo, Michael) |
| Filing 1 COMPLAINT against The Alexander Dawson School, L.L.C (Filing fee $ 400,Receipt Number 1082-6458804)Attorney Michael Jacob Laszlo added to party Jane Doe(pty:pla), Attorney Michael Jacob Laszlo added to party John Doe 1(pty:pla), Attorney Michael Jacob Laszlo added to party John Doe 2(pty:pla), filed by Jane Doe, John Doe 2, John Doe 1. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet, #5 Summons)(Laszlo, Michael) |
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