Smith v. Cheyenne Mountain School District 12
| Michael Smith |
| Cheyenne Mountain School District 12 |
| 1:2019cv02345 |
| August 16, 2019 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| William J Martinez |
| Kathleen M Tafoya |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: This matter is before the Court on Plaintiff's Motion for Evidentiary Hearing ("Motion") #22 . This motion is postmarked September 3, 2019, and it was stamped "filed" by the Clerk's Office on September 5, 2019 (yesterday), but it was not actually filed yesterday. Also yesterday, before being made aware of the Motion, the Court entered an order denying all relief to Plaintiff and directing entry of final judgment #20 . This morning at 9:00 AM, the Clerk's Office docketed the Motion, giving it a docket date of September 5, 2019, but nonetheless after the Court's order of the same day. Because the Motion post-dates yesterday's order, it must be DENIED AS MOOT. But, in any event, the Court would have denied on its merits if the Court had received it before entering yesterday's order. The Motion is, in essence, a sur-rebuttal in support of a stay-put injunction, and it would not have changed the Court's ruling. Neither The Vanguard School itself, its uniforms, its Latin curriculum, nor any other aspect of its environment is a basic element of R.S.'s IEP. The Motion therefore offers no reason to hold an evidentiary hearing (its ostensible purpose) or to reconsider the denial of a stay-put injunction. SO ORDERED by Judge William J. Martinez on 09/06/2019. Text Only Entry (wjmlc1)
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| Filing 23 RESPONSE to #22 MOTION for Hearing/Conference filed by Defendant Cheyenne Mountain School District 12. (Dude, William) |
| Filing 21 FINAL JUDGMENT in favor of Defendant Cheyenne Mountain School District 12 and against Plaintiff Michael Smith pursuant to #20 Order Dissolving Temporary Restraining Order, Denying 20 U.S.C. 1415(j) Injunction, and Terminating Case. Entered by Clerk on 9/6/2019. (afran) |
| Filing 22 MOTION for Evidentiary Hearing by Plaintiff Michael Smith. (Attachments: #1 Envelope)(evana, ) |
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Filing 20
ORDER denying preliminary injunction portion of Plaintiff's Verified Motion for Temporary Restraining Order and Preliminary Injunction #3 (construed as a motion for a 20 U.S.C. 1415(j) injunction), dissolving Temporary Restraining Order #9 , and directing Clerk to terminate case, by Judge William J. Martinez on 09/05/2019. (wjmlc1)
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| Filing 19 ERRATA re #18 Surreply by Defendant Cheyenne Mountain School District 12. (Attachments: #1 Exhibit G)(Dude, William) |
| Filing 18 SURREPLY re #3 MOTION for Temporary Restraining Order filed by Defendant Cheyenne Mountain School District 12. (Attachments: #1 Exhibit G, H, I)(Dude, William) |
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Filing 17
ORDER extending Temporary Restraining Order #9 and requiring further briefing from Defendant, by Judge William J. Martinez on 08/28/2019. (wjmlc1)
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| Filing 16 Verified REPLY to Response in Support of #3 Plaintiff's Verified MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiff Michael Smith. (evana, ) |
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Filing 14
ORDER Setting Scheduling Conference for 10/21/2019 09:30 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 08/23/2019. (ksena)
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Filing 13
ORDER: This matter is before the Court on the preliminary injunction portion of Plaintiff's Verified Motion for Temporary Restraining Order and Preliminary Injunction #3 . Plaintiff shall file a reply in support of his motion on or before August 27, 2019. After receiving Plaintiff's reply, the Court will determine whether an evidentiary hearing is needed. SO ORDERED by Judge William J. Martinez on 08/23/2019. Text Only Entry (wjmlc1)
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| Filing 15 CERTIFICATE of Service of Temporary Restraining Order, by Plaintiff Michael Smith. (angar, ) |
| Filing 12 RESPONSE to #3 Verifed MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit to Opposition Brief to TRO)(Dude, William) Modified on 8/22/2019 to correct linkage and title (angar, ). |
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Filing 11
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 8/ 20/2019. Text Only Entry (wjmsec, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 8/20/2019. Text Only Entry (wjmsec, )
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Filing 9
TEMPORARY RESTRAINING ORDER (granting #3 in part), by Judge William J. Martinez on 08/20/2019. (wjmlc1)
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| Filing 7 CASE REASSIGNED pursuant to #3 MOTION for Temporary Restraining Order. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 19-cv-02345-WJM. (Text Only Entry) (jgonz, ) |
| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (evana, ) |
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Filing 5
ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 8/19/2019. This case is randomly reassigned to Magistrate Judge Kathleen M. Tafoya for all further proceedings. All future pleadings should be designated as 19-cv-2345 KMT (evana, )
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| Filing 8 NOTICE or Related Cases by Michael Smith (cmadr, ) |
| Filing 4 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (cmadr, ) |
| Filing 3 Verifed MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Michael Smith. (cmadr, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Michael Smith. (cmadr, ) Modified on 9/5/2019 to terminate pursuant to #5 Order (angar, ). |
| Filing 1 Verified COMPLAINT for Injunctive Relief and Sanctions against Cheyenne Mountain School District 12, filed by Michael Smith.(cmadr, ) |
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| Defendant: Cheyenne Mountain School District 12 | |
| Represented By: | William K. Dude |
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| Plaintiff: Michael Smith | |
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