Doe v. Boulder Valley School District et al
| Jane Doe and John Doe |
| Boulder Valley School District, Whittier International Elementary School, Bob Anderson, Kathy Gebhardt, Lisa Sweeney-Miran, Nicole Rajpal, Stacey Zis, Beth Niznik, Kitty Sargent, Richard Garcia and Sarah Oswick |
| 1:2023cv00580 |
| March 3, 2023 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Regina M Rodriguez |
| Civil Rights: Education |
| 28 U.S.C. § 1331 cr - Fed. Question - Civil Rights (Race Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #43 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #19 Amended Complaint. For good cause shown, Defendants are GRANTED an extension of time of 30 days after the 6/6/2023 settlement conference, to and including 7/6/2023, to answer or otherwise respond to Plaintiffs' #19 Amended Complaint. by Judge Regina M. Rodriguez on 4/28/2023. Text Only Entry(rmrja)
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| Filing 43 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #19 Amended Complaint by Defendants Bob Anderson, Boulder Valley School District, Richard Garcia, Kathy Gebhardt, Beth Niznik, Sarah Oswick, Nicole Rajpal, Kitty Sargent, Lisa Sweeney-Miran, Whittier International Elementary School, Stacey Zis. (Hood, Elliott) |
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Filing 42
Minute ORDER by Magistrate Judge Michael E. Hegarty on 25 April 2023. Pursuant to a referral from Judge Regina M. Rodriguez, ECF 41 , this Court will hold a settlement conference in this case on June 6, 2023, at 1:00 p.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. (cmadr, )
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Filing 41
ORDER. In light of the parties' #40 Joint Status Report indicating that they wish to proceed with mediation using a magistrate judge with the U.S. District Court for the District of Colorado, the Court ORDERS that this matter be referred to a United States Magistrate Judge to conduct a settlement conference. SO ORDERED by Judge Regina M. Rodriguez on 4/18/2023. Text Only Entry (rmrja)
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| Filing 40 Joint STATUS REPORT by Defendants Bob Anderson, Boulder Valley School District, Richard Garcia, Kathy Gebhardt, Beth Niznik, Sarah Oswick, Nicole Rajpal, Kitty Sargent, Lisa Sweeney-Miran, Whittier International Elementary School, Stacey Zis. (Hood, Elliott) |
| Filing 39 COURTROOM MINUTES for Oral Argument Hearing held on 4/14/2023 before Judge Regina M. Rodriguez. ORDERED: Plaintiffs' Amended Motion for Temporary Restraining Order andPreliminary Injunction #21 is DENIED.Parties shall meet and confer to discuss mediation and file a reportwith the Court by April 18, 2023. Court Reporter: Terri Lindblom. (kmyha) |
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Filing 38
ORDER SETTING HEARING. A hearing is scheduled for oral arguments on Plaintiffs' #21 Amended Motion for Temporary Restraining Order on 4/14/2023 at 10:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. Counsel should also be prepared to discuss the status of this case. SO ORDERED by Judge Regina M. Rodriguez on 4/7/2023.Text Only Entry (kmyha)
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| Filing 37 REPLY to Response to #21 Amended MOTION for Temporary Restraining Order with redacted affidavits pursuant to ECF No. 18 filed by Plaintiffs Jane Doe, John Doe. (Attachments: #1 Affidavit of Jane Doe, #2 Affidavit of John Doe, #3 Affidavit Attorney Kellie Miller, #4 Affidavit Decl. of James Doe)(Allen, Michael) |
| Filing 36 RESPONSE to #21 Amended MOTION for Temporary Restraining Order with redacted affidavits pursuant to ECF No. 18 filed by Defendants Bob Anderson, Boulder Valley School District, Richard Garcia, Kathy Gebhardt, Beth Niznik, Sarah Oswick, Nicole Rajpal, Kitty Sargent, Lisa Sweeney-Miran, Whittier International Elementary School, Stacey Zis. (Attachments: #1 Exhibit 1 - 1-20-23 Outcome Report, #2 Exhibit 2 - Declaration of Sarah Oswick, #3 Exhibit 3 - 2-15-23 Investigation Report, #4 Exhibit 4 - Emails, #5 Exhibit 5 - Facebook Posts, #6 Exhibit 6 - Declaration of Harvey Oaxaca, #7 Exhibit 7 - 2-7-23 Report, #8 Exhibit 8 - Apology Letters, #9 Exhibit 9 - Declaration of Shannon Sykes, #10 Exhibit 10 - Declaration of Kathleen Sullivan, Records Custodian, #11 Exhibit 11 - Declaration of Susan Roe, #12 Exhibit 12 - Board Policies, #13 Exhibit 13 - Dear Colleague Letter, #14 Exhibit 14 - Declaration of Annie Dornbush)(Hood, Elliott) |
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Filing 35
ORDER granting #34 Unopposed Motion to Substitute Affidavits ECF No. 21-2 and 21-3 and to Restrict Prior Affidavits with Exhibits at Restriction Level 1. Being satisfied that #34 Unopposed Motion fulfills the requirements of D.C.COLO.LCivR 7.2(c), the Court GRANTS the Motion. The Clerk of the Court is DIRECTED to substitute the Affidavits and Exhibits at ECF Nos. 21-2 and 21-3 (Affidavit of Atty K. Miller and Affidavit of Jane Doe, respectively), with the Affidavits at #34 -1 and #34 -2. FURTHER ORDERED that the Clerk of the Court shall add a Level 1 restriction to the Affidavits and Exhibits at ECF Nos. 21-2 and 21-3. SO ORDERED by Judge Regina M. Rodriguez on 3/24/2023. Text Only Entry(rmrja)
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| Filing 34 Emergency MOTION for Leave to Restrict by Plaintiffs Jane Doe, John Doe. (Attachments: #1 Affidavit Kellie Miller w-Ex A-Ex L, #2 Affidavit Jane Doe w-Ex N-Ex T)(Allen, Michael) |
| Filing 33 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Kitty Sargent waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 32 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Beth Niznik waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 31 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Kathy Gebhardt waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 30 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Lisa Sweeney-Miran waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 29 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Nicole Rajpal waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 28 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Richard Garcia waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 27 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Bob Anderson waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 26 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Sarah Oswick waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 25 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Stacey Zis waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 24 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Whittier International Elementary School waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
| Filing 23 WAIVER OF SERVICE Returned Executed by John Doe, Jane Doe. Boulder Valley School District waiver sent on 3/21/2023, answer due 5/20/2023. (Allen, Michael) |
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Filing 22
ORDER denying Plaintiffs' #20 Amended Motion to Restrict and Proceed Pseudonymously. The Court has already ruled that minor children and their parents should be referred to pseudonymously in this case. See ECF 18 . Plaintiffs' Motion is therefore denied as moot to the extent it seeks duplicative relief. As to Plaintiffs' renewed request to prospectively apply Level 1 restrictions to all documents containing the names of minor children or confidential student records, the Court finds that Plaintiffs have still failed to meet the burden required to justify wholesale restriction of this nature. The redaction of names or other confidential information should suffice to protect the asserted privacy interests under most circumstances. If Plaintiffs henceforth believe that it is necessary to seal specific documents, they may move to restrict such documents, or portions thereof, under D.C.COLO.LCivR 7.2(c) at the time of filing. Accordingly, Plaintiffs' #20 Amended Motion is DENIED. SO ORDERED by Judge Regina M. Rodriguez on 3/16/2023. Text Only Entry(rmrja)
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| Filing 21 Amended MOTION for Temporary Restraining Order with redacted affidavits pursuant to ECF No. 18 by Plaintiffs Jane Doe, John Doe. (Attachments: #1 Affidavit A. Grandit, #2 Affidavit Atty K. Miller, #3 Affidavit Jane Doe)(Allen, Michael) |
| Filing 20 Amended MOTION for Leave to Restrict by Plaintiffs Jane Doe, John Doe. (Allen, Michael) |
| Filing 19 AMENDED COMPLAINT against All Plaintiffs, filed by John Doe, Jane Doe.(Allen, Michael) |
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Filing 18
ORDER granting in part and denying in part Plaintiffs' #2 Motion for Leave to Restrict and Proceed Pseudonymously and Defendant Boulder Valley School District's #10 Response and Emergency Motion for Protection of Minor's Identity. For the reasons stated in the Motions, the Court agrees that all minor children named in this case as well as their parents and representatives should be allowed to proceed anonymously in order to safeguard the minor children's identities. Accordingly, the Court GRANTS the parties' #2 #10 Motions to the extent that they seek to use pseudonyms for minors James Doe and Sally Roe and their parents. Plaintiffs' #2 Motion for Leave is otherwise DENIED without prejudice to the extent it seeks to restrict public access to any papers filed hereafter that contain the legal names of the Plaintiffs. Plaintiffs fail to "explain why no alternative to restriction is practicable or why only restriction will adequately protect the interest in question (e.g., redaction, summarization, restricted access to exhibits or portions of exhibits)" as required by D.C.COLO.LCivR 7.2(c). However, because several of Plaintiffs' prior filings, including the Complaint and Motion for Temporary Restraining Order and Preliminary Injunction, effectively identify Sally Roe through disclosing the identity of her parent, the Court will sua sponte impose a Level 1 restriction on the documents at issue (ECF Nos. 1, 4, 5, 5-1, 5-2, 5-3, and 6) pending further order of the Court. Plaintiffs are DIRECTED to file amended documents with appropriate pseudonyms on or before March 13, 2023. Plaintiffs are further advised that their amended Motion for Temporary Restraining Order and Preliminary Injunction must comply in all respects with this Court's Practice Standards #here, including Civ. Practice Standard 7.1A(a)(2), which provides that "Motions and all supporting arguments should be contained in a single document." Defendants shall file a response to the amended motion by March 27, 2023, and Plaintiffs shall file a reply, if any, by April 5, 2023. The amended motion and response brief shall not exceed twenty (20) pages, and the reply brief shall not exceed five (5) pages. SO ORDERED by Judge Regina M. Rodriguez on 3/7/2023. Text Only Entry(rmrja)
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| Filing 17 REPLY to Response to #2 MOTION for Leave to Restrict and Proceed Pseudonymously filed by Plaintiffs Jane Doe, John Doe. (Attachments: #1 Affidavit Declaration of Attorney Michael Thad Allen)(Harris, Samantha) |
| Filing 16 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-00580-RMR. (athom, ) |
| Filing 15 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Submitted, No Summons Issued. (norlin, ) |
| Filing 14 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) |
| Filing 13 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #11 Notice of Entry of Appearance filed by attorney Samantha Harris. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, ) |
| Filing 12 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #2 MOTION for Leave to Restrict and Proceed Pseudonymously, #3 Brief in Support of Motion, #7 Restricted Document - Level 1, #1 Complaint, #6 Proposed MOTION for Order to Temporary Restraining Order, #4 MOTION for Temporary Restraining Order and Preliminary Injunction, #5 Brief in Support of Motion, filed by attorney Michael Thad Allen. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (norlin, ) |
| Filing 11 NOTICE of Entry of Appearance by Samantha Harris on behalf of All Plaintiffs Attorney Samantha Harris added to party Jane Doe(pty:pla) (Harris, Samantha) |
| Filing 10 RESPONSE to #2 MOTION for Leave to Restrict and Proceed Pseudonymously and Emergency Motion for Protection of Minor's Identity filed by Defendant Boulder Valley School District. (Hood, Elliott) |
| Filing 9 NOTICE of Entry of Appearance by Caroline Grace Gecker on behalf of All Defendants Attorney Caroline Grace Gecker added to party Bob Anderson(pty:dft), Attorney Caroline Grace Gecker added to party Boulder Valley School District(pty:dft), Attorney Caroline Grace Gecker added to party John Doe(pty:dft), Attorney Caroline Grace Gecker added to party Richard Garcia(pty:dft), Attorney Caroline Grace Gecker added to party Kathy Gebhardt(pty:dft), Attorney Caroline Grace Gecker added to party Beth Niznik(pty:dft), Attorney Caroline Grace Gecker added to party Sarah Oswick(pty:dft), Attorney Caroline Grace Gecker added to party Nicole Rajpal(pty:dft), Attorney Caroline Grace Gecker added to party Kitty Sargent(pty:dft), Attorney Caroline Grace Gecker added to party Lisa Sweeney-Miran(pty:dft), Attorney Caroline Grace Gecker added to party Whittier International Elementary School(pty:dft), Attorney Caroline Grace Gecker added to party Stacey Zis(pty:dft) (Gecker, Caroline) |
| Filing 8 NOTICE of Entry of Appearance by Elliott Vallen Hood on behalf of All Defendants Attorney Elliott Vallen Hood added to party Bob Anderson(pty:dft), Attorney Elliott Vallen Hood added to party Boulder Valley School District(pty:dft), Attorney Elliott Vallen Hood added to party John Doe(pty:dft), Attorney Elliott Vallen Hood added to party Richard Garcia(pty:dft), Attorney Elliott Vallen Hood added to party Kathy Gebhardt(pty:dft), Attorney Elliott Vallen Hood added to party Beth Niznik(pty:dft), Attorney Elliott Vallen Hood added to party Sarah Oswick(pty:dft), Attorney Elliott Vallen Hood added to party Nicole Rajpal(pty:dft), Attorney Elliott Vallen Hood added to party Kitty Sargent(pty:dft), Attorney Elliott Vallen Hood added to party Lisa Sweeney-Miran(pty:dft), Attorney Elliott Vallen Hood added to party Whittier International Elementary School(pty:dft), Attorney Elliott Vallen Hood added to party Stacey Zis(pty:dft) (Hood, Elliott) |
| Filing 7 RESTRICTED DOCUMENT - Level 1 - Affidavit of Jennifer Leahy : by Plaintiff Jane Doe.. (Allen, Michael) Modified on 3/7/2023 to add title (angar, ). |
| Filing 6 Proposed MOTION for Order to Temporary Restraining Order by Plaintiff Jane Doe. (Allen, Michael) |
| Filing 5 BRIEF in Support of #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Jane Doe. (Attachments: #1 Affidavit of Grandit, #2 Affidavit of Attorney K. Miller, #3 Affidavit of Plaintiff Jane Doe)(Allen, Michael) |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Jane Doe. (Allen, Michael) |
| Filing 3 BRIEF in Support of #2 MOTION for Leave to Restrict and Proceed Pseudonymously filed by Plaintiff Jane Doe. (Allen, Michael) |
| Filing 2 MOTION for Leave to Restrict and Proceed Pseudonymously by Plaintiff Jane Doe. (Allen, Michael) |
| Filing 1 COMPLAINT against Jane Doe (Filing fee $ 402,Receipt Number ACODC-8972092)Attorney Michael Thad Allen added to party Jane Doe(pty:pla), filed by Jane Doe.(Allen, Michael) |
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