Garlick et al v. Regents of the University of Colorado, The et al
| Andrew Garlick, Dr. Thomas Fow, Rebekah Voelkelt and Thomas Fow |
| The Regents of the University of Colorado, Todd Saliman, Donald M Elliman, Jr., Michelle Marks, Regents of the University of Colorado, The and Donald M. Elliman, Jr. |
| 1:2022cv00013 |
| January 4, 2022 |
| US District Court for the District of Colorado |
| Regina M Rodriguez |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on February 15, 2022. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting #44 Motion for Leave to File Excess Pages. Plaintiffs are GRANTED leave to file excess pages, not to exceed 27 pages, for their Show Cause Writing. SO ORDERED by Judge Regina M. Rodriguez on 2/15/2022. Text Only Entry(rmrja)
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| Filing 45 BRIEF Show Cause Writing by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 44 MOTION for Leave to File Excess Pages by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
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Filing 43
ORDER TO SHOW CAUSE. For the reasons stated in the Court's #42 Order denying Plaintiffs' #30 Motion for Preliminary Injunction and #15 Motion to Consolidate, the Court finds it likely that Plaintiffs have not established Article III standing in order to invoke this Court's jurisdiction. Issues regarding mootness, ripeness, and Eleventh Amendment immunity have also been raised. See ECF No. 38 at 28, 29 n.79, 3336, 60; ECF No. 39 at 1113. "The party invoking federal jurisdiction bears the burden of establishing such jurisdiction as a threshold matter." Radil v. Sandborn W. Camps, Inc., 384 F.3d 1220, 1224 (10th Cir. 2004); see also Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). Accordingly, the Court ORDERS Plaintiffs to show cause in writing by Tuesday, 2/15/2022 why this case should not be dismissed for lack of jurisdiction. Defendants shall file a response by Tuesday, 3/8/2022, and Plaintiffs may file a reply by Tuesday, 3/22/2022. SO ORDERED by Judge Regina M. Rodriguez on 1/25/2022. Text Only Entry (rmrja)
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Filing 42
ORDER denying #30 Motion for Preliminary Injunction; denying #15 Motion for Order. SO ORDERED by Judge Regina M. Rodriguez on 1/25/2022.(rmrja)
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| Filing 41 NOTICE of Supplemental Authorities by Defendants Donald M. Elliman, Jr, Michelle Marks, Regents of the University of Colorado, The, Todd Saliman (Attachments: #1 Exhibit Order re Norris v. Stanley MTD)(Rich Fredericks, Jacquelynn) |
| Filing 40 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt All parties do not consent.. (Bopp, James) |
| Filing 39 REPLY to Response to #30 MOTION for Preliminary Injunction filed by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 38 RESPONSE to #30 MOTION for Preliminary Injunction filed by Defendants Donald M. Elliman, Jr, Michelle Marks, Regents of the University of Colorado, The, Todd Saliman. (Attachments: #1 Exhibit A; Samet Declaration, #2 Exhibit B; Brownawell Declaration, #3 Exhibit C; Cripe Declaration, #4 Exhibit D; Dominguez Declaration, #5 Exhibit E; Elliman Declaration, #6 Exhibit F; Flippin Declaration, #7 Exhibit G; Jackson Declaration, #8 Exhibit H; Levin Declaration, #9 Exhibit I; Montague Declaration, #10 Exhibit J; Wynia Declaration, #11 Exhibit K; Zimmer Declaration, #12 Exhibit L; Policy 3012, #13 Exhibit M; National Case Trends Reported to CDC, #14 Exhibit N; National Death Trends Reported to CDC, #15 Exhibit O; CDC's National Vaccine Statistics, #16 Exhibit P; Campbell Declaration, #17 Exhibit Q; Campus Email to Students, #18 Exhibit R; Dwinnell Declaration, #19 Exhibit S; Holland Declaration, #20 Exhibit T; Herlihy Declaration, #21 Exhibit U; Kassebaum Declaration, #22 Exhibit V; Policy 3006, #23 Exhibit W; Klindt Declaration, #24 Exhibit X; John Declaration, #25 Exhibit Y; Policy 7014, #26 Exhibit Z; Valdez Order, #27 Exhibit AA; CDC mRNA Infographic)(Rich Fredericks, Jacquelynn) |
| Filing 37 RESPONSE to #15 First MOTION for Order to Consolidate filed by Defendants Donald M. Elliman, Jr, Michelle Marks, Regents of the University of Colorado, The, Todd Saliman. (Spalding, Kathleen) |
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Filing 36
ORDER granting #35 Motion for Leave to File Excess Pages. Plaintiff is GRANTED leave to file excess pages, not to exceed 40 pages, in Reply in Support of Preliminary Injunction. SO ORDERED by Judge Regina M Rodriguez on 1/19/2022. Text Only Entry(rmrja)
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| Filing 35 Unopposed MOTION for Leave to File Excess Pages for Reply in Support of Preliminary Injunction by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
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Filing 34
ORDER granting #33 Motion for Leave to File Excess Pages. Defendants are GRANTED leave to file excess pages, not to exceed 65 pages, in response to #30 Motion for Preliminary Injunction. SO ORDERED by Judge Regina M Rodriguez on 1/18/2022. Text Only Entry(rmrja)
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| Filing 33 Unopposed MOTION for Leave to File Excess Pages by Defendants Donald M. Elliman, Jr, Michelle Marks, Regents of the University of Colorado, The, Todd Saliman. (Spalding, Kathleen) |
| Filing 32 SUMMONS Returned Executed by All Plaintiffs. Donald M. Elliman, Jr served on 1/14/2022, answer due 2/4/2022; Michelle Marks served on 1/14/2022, answer due 2/4/2022; Regents of the University of Colorado, The served on 1/14/2022, answer due 2/4/2022; Todd Saliman served on 1/14/2022, answer due 2/4/2022. (Siebert, Melena) |
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Filing 31
ORDER terminating Plaintiffs' #6 Motion for Preliminary Injunction as a pending motion for administrative purposes in light of the Court's 1/11/2022 29 Order and Plaintiffs' filing of their #30 Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, which is Plaintiffs' operative Motion for Preliminary Injunction. The Court will rule on the Motion at ECF No. 30. SO ORDERED by Judge Regina M Rodriguez on 1/11/2022. Text Only Entry(rmrja)
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| Filing 30 BRIEF in Support of #6 First MOTION for Preliminary Injunction filed by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) Modified on 1/11/2022 to correct event (athom, ). |
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Filing 29
ORDER granting Plaintiffs' #7 Motion for Leave to File Excess Pages and denying Plaintiffs' #13 Motion to Expedite. Plaintiffs' #7 request to file an 80-page brief in support of their motion for preliminary injunction is GRANTED. However, RMR Practice Standard IV.A.2. provides that "[i]n no event... will a separate motion and brief in support thereof be accepted unless they are filed contemporaneously." Therefore, within one day of the date of this Order, Plaintiffs are DIRECTED to re-file their proposed Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, ECF No. #7 -1, as their operative Motion for Preliminary Injunction.In addition, Plaintiffs' #13 Motion to Expedite is DENIED, and the Court ORDERS that Defendants shall respond to Plaintiffs' re-filed Motion for Preliminary Injunction and to Plaintiffs' Motion to Consolidate by Wednesday, 1/19/2022, and Defendants shall reply by Friday, 1/21/2022. SO ORDERED by Judge Regina M Rodriguez on 1/11/2022. Text Only Entry(rmrja)
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| Filing 28 SUMMONSES issued by Clerk. (athom, ) |
| Filing 27 SUMMONS REQUEST as to Todd Saliman, in his official capacity as President of University of Colorado re #1 Complaint,,,,, by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 26 SUMMONS REQUEST as to The Regents of the University of Colorado re #1 Complaint,,,,, by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 25 SUMMONS REQUEST as to Michelle Marks, in her official capacity as Chancellor of University of Colorado Denver re #1 Complaint,,,,, by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 24 SUMMONS REQUEST as to Donald M. Elliman, in his official capacity as Chancellor of University of Colorado Anschutz Medical Campus re #1 Complaint,,,,, by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 23 NOTICE of Entry of Appearance by Lauren Eileen Davison on behalf of All Defendants Attorney Lauren Eileen Davison added to party Donald M. Elliman, Jr(pty:dft), Attorney Lauren Eileen Davison added to party Michelle Marks(pty:dft), Attorney Lauren Eileen Davison added to party Regents of the University of Colorado, The(pty:dft), Attorney Lauren Eileen Davison added to party Todd Saliman(pty:dft) (Davison, Lauren) |
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M Rodriguez on 1/5/2022. Text Only Entry (rmrja)
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| Filing 21 NOTICE of Related Case by Defendants Donald M. Elliman, Jr, Michelle Marks, Regents of the University of Colorado, The, Todd Saliman (Rich Fredericks, Jacquelynn) |
| Filing 20 NOTICE of Entry of Appearance by Megan Paris Rundlet on behalf of All Defendants Attorney Megan Paris Rundlet added to party Donald M. Elliman, Jr(pty:dft), Attorney Megan Paris Rundlet added to party Michelle Marks(pty:dft), Attorney Megan Paris Rundlet added to party Regents of the University of Colorado, The(pty:dft), Attorney Megan Paris Rundlet added to party Todd Saliman(pty:dft) (Rundlet, Megan) |
| Filing 19 NOTICE of Entry of Appearance by Jacquelynn Nichole Rich Fredericks on behalf of All Defendants Attorney Jacquelynn Nichole Rich Fredericks added to party Donald M. Elliman, Jr(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Michelle Marks(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Regents of the University of Colorado, The(pty:dft), Attorney Jacquelynn Nichole Rich Fredericks added to party Todd Saliman(pty:dft) (Rich Fredericks, Jacquelynn) |
| Filing 18 NOTICE of Entry of Appearance by Kathleen L. Spalding on behalf of All Defendants Attorney Kathleen L. Spalding added to party Donald M. Elliman, Jr(pty:dft), Attorney Kathleen L. Spalding added to party Michelle Marks(pty:dft), Attorney Kathleen L. Spalding added to party Regents of the University of Colorado, The(pty:dft), Attorney Kathleen L. Spalding added to party Todd Saliman(pty:dft) (Spalding, Kathleen) |
| Filing 17 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. Summons submitted has incomplete caption and not issued. Please file completed summons for issuance using the event Summons Request. (jsalz, ) |
| Filing 16 Case assigned to Judge Regina M Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jsalz, ) |
| Filing 15 First MOTION for Order to Consolidate by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 14 NOTICE of Entry of Appearance of Joseph D. Maughon by Joseph D. Maughon on behalf of All Plaintiffs Attorney Joseph D. Maughon added to party Thomas Fow(pty:pla), Attorney Joseph D. Maughon added to party Andrew Garlick(pty:pla), Attorney Joseph D. Maughon added to party Rebekah Voelkelt(pty:pla) (Maughon, Joseph) |
| Filing 13 First MOTION to Expedite by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 12 Exhibits in Support of #7 First MOTION for Leave to File Excess Pages by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Attachments: #1 Affidavit Bhattacharya Declaration, #2 Envelope Bhattacharya cv, #3 Affidavit Ponesse Declaration, #4 Affidavit Zelenko Declaration, #5 Affidavit Cole Declaration)(Bopp, James) |
| Filing 11 Exhibits in Support of #7 First MOTION for Leave to File Excess Pages by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Attachments: #1 Exhibit McCullough cv Part 5, #2 Exhibit McCullough cv Part 6, #3 Exhibit McCullough cv Part 7)(Bopp, James) |
| Filing 10 Exhibits in Support of #7 First MOTION for Leave to File Excess Pages by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Attachments: #1 Exhibit McCullough cv Part 3, #2 Exhibit McCullough cv Part 4)(Bopp, James) |
| Filing 9 Exhibits in Support of #7 First MOTION for Leave to File Excess Pages by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Attachments: #1 Exhibit, #2 Exhibit)(Bopp, James) |
| Filing 8 Exhibits in Support of #7 First MOTION for Leave to File Excess Pages by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Attachments: #1 Affidavit, #2 Affidavit)(Bopp, James) |
| Filing 7 First MOTION for Leave to File Excess Pages by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Attachments: #1 Exhibit Memorandum in Support of Preliminary Injunction)(Bopp, James) |
| Filing 6 First MOTION for Preliminary Injunction by Plaintiffs Thomas Fow, Andrew Garlick, Rebekah Voelkelt. (Bopp, James) |
| Filing 5 NOTICE of Entry of Appearance of Melena Siebert by Melena Siebert on behalf of All Plaintiffs Attorney Melena Siebert added to party Thomas Fow(pty:pla), Attorney Melena Siebert added to party Andrew Garlick(pty:pla), Attorney Melena Siebert added to party Rebekah Voelkelt(pty:pla) (Siebert, Melena) |
| Filing 4 NOTICE of Entry of Appearance of James Bopp, Jr. by James Bopp, Jr on behalf of All Plaintiffs (Bopp, James) |
| Filing 3 NOTICE of Entry of Appearance by Courtney Turner Milbank on behalf of All Plaintiffs Attorney Courtney Turner Milbank added to party Thomas Fow(pty:pla), Attorney Courtney Turner Milbank added to party Andrew Garlick(pty:pla), Attorney Courtney Turner Milbank added to party Rebekah Voelkelt(pty:pla) (Milbank, Courtney) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Bopp, James) |
| Filing 1 COMPLAINT Verified against All Plaintiffs (Filing fee $ 402,Receipt Number ACODC-8251522)Attorney James Bopp, Jr added to party Thomas Fow(pty:pla), Attorney James Bopp, Jr added to party Andrew Garlick(pty:pla), Attorney James Bopp, Jr added to party Rebekah Voelkelt(pty:pla), filed by Andrew Garlick, Rebekah Voelkelt, Thomas Fow. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Ex. 1 Board Agenda - Resolution, #3 Exhibit Ex. 2 Vote on Resolution, #4 Exhibit Ex. 3 Religious Exemption Form COVID-19, #5 Exhibit Ex. 4 Table A, #6 Exhibit Ex. 5 CU Anschutz COVID-19 Vaccination Email, #7 Exhibit Ex. 6 092821 Email to Garlick, #8 Exhibit Ex. 7 Fow Original Religious Exemption Form, #9 Exhibit Ex. 8 090721 Email from CU to Fow, #10 Exhibit Ex. 9 Fow Exemption Form, #11 Exhibit Ex. 10 090921 Exemption Denial, #12 Envelope Ex. 11 091521 Fow Request to Appeal Denial, #13 Exhibit Ex. 12 092021 Email, #14 Exhibit Ex. 13 092421 Follow Up re dismissal, #15 Exhibit Ex. 14 092421 Follow Up re dismissal, #16 Affidavit Garlick Verification, #17 Affidavit Fow Verification, #18 Affidavit Voelkelt Verification, #19 Civil Cover Sheet, #20 Summons, #21 Summons, #22 Summons, #23 Summons)(Bopp, James) |
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