Franseen et al v. Academy, The et al
| Laura Franseen and Steve Franseen |
| City of Westminster, City of Westminster Building Department, City of Westminster Planning Commission, Suzie Galbraith, Brent Reckman, Academy, The doing business as Academy of Charter Schools, The and City of Westminster City Council, The |
| 1:2026cv01053 |
| March 13, 2026 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Kathryn A Starnella |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 20, 2026. A more recent docket listing may be available from PACER.
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| Filing 48 REPLY to Response to #43 MOTION for Hearing/Conference to Resolve Disputed Jurisdictional Facts filed by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
Filing 47
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 8/17/26. Pursuant to the filing of Motion for an Evidentiary Hearing to Resolve Disputed Jurisdictional Facts under Fed. R. Civ. P. 12(b)(1) [#43], the Court finds that holding a Scheduling Conference at this time is premature. Therefore, the Scheduling Conference set for 8/17/26 is hereby VACATED and will be reset after a ruling on the motion. Text Only Entry (lgale, )
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| Filing 46 JOINDER re #45 Response to Motion,, by Defendants Academy, The, Suzie Galbraith, Brent Reckman. (Moncecchi, Dino) |
| Filing 45 RESPONSE to #43 MOTION for Hearing/Conference to Resolve Disputed Jurisdictional Facts filed by Defendants City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning Commission. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Order Granting Westminster Defendants Motion to Dismiss, #3 Exhibit C - Order Re Defendants' Motions for Fees and Costs)(Hernandez, Kaitlyne) |
| Filing 44 Proposed Scheduling Order re Subject Matter Jurisdiction by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 43 MOTION for Hearing/Conference to Resolve Disputed Jurisdictional Facts by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 42 MINUTE ENTRY for Scheduling Conference held on 7/16/2026 before Magistrate Judge Kathryn A. Starnella. Discovery is STAYED except for limited discovery on subject matter jurisdiction. Joint Proposed Scheduling Order due 7/29/2026. Scheduling Conference set for 8/17/2026 at 12:00 PM in Courtroom A 501 before Magistrate Judge Kathryn A. Starnella. FTR: Courtroom A501. (hguer) |
| Filing 41 BRIEF in Support of #28 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and (6) Amended Reply Brief in Support of Motion to Dismiss #28 filed by Defendants Academy, The, Suzie Galbraith, Brent Reckman. (Carafelli, Andrew) |
| Filing 40 RESPONSE to #37 Certificate Regarding Academy Defendants Failure To Confer by Defendants Academy, The, Suzie Galbraith, Brent Reckman. (Attachments: #1 Exhibit A to Academy Defendants Response To Plaintiffs Certificate Regarding Academy Defendants Failure To Confer, #2 Exhibit B to Academy Defendants Response To Plaintiffs Certificate Regarding Academy Defendants Failure To Confer)(Moncecchi, Dino) |
| Filing 39 BRIEF in Support of #28 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and (6) filed by Defendants Academy, The, Suzie Galbraith, Brent Reckman. (Carafelli, Andrew) |
| Filing 38 REPLY to #31 Response, to Certificate of Failure of Academy Defendants to Confer re Motion to Dismiss by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 37 CERTIFICATE of Failure of Academy Defendants to Confer re Motion to Dismiss by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 36 RESPONSE to #28 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and (6) filed by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 35 Proposed Scheduling Order on behalf of all parties by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 34 REPLY to Response to #24 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6) filed by Defendants City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning Commission. (Hernandez, Kaitlyne) |
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Filing 33
ORDER GRANTING #27 Unopposed Motion for Leave to Exceed Word Count. #24 Motion to Dismiss is Accepted for Filing. SO ORDERED by Chief Judge Daniel D. Domenico on 06/29/2026. Text Only Entry.(agryan)
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| Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Defendants Academy, The, Suzie Galbraith, Brent Reckman All parties do not consent.. (Carafelli, Andrew) |
| Filing 31 RESPONSE to #30 Certificate, Regarding Westminster Defendants' Failure to Confer by Defendants City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning Commission. (Attachments: #1 Exhibit A - March 2026 Emails)(Hernandez, Kaitlyne) |
| Filing 30 CERTIFICATE Regarding Westminster Defendants' Faiure to Confer Pursuant to DDD Civ. P.S. III.G.1 re: #24 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6) by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 29 RESPONSE to #24 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6) filed by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 28 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and (6) by Defendants Academy, The, Suzie Galbraith, Brent Reckman. (Attachments: #1 Exhibit A to Motion to Dismiss, #2 Exhibit B to Motion to Dismiss)(Carafelli, Andrew) |
| Filing 27 Unopposed MOTION for Leave to Exceed Word County or to Amend Previous Filing to Comply with Word Count #24 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6) by Defendants City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning Commission. (Attachments: #1 Proposed Order (PDF Only) Order Re: The Westminster Defendants' Unopposed Motion for Leave to Exceed Word County or to Amend Previous Filing to Comply with Word Count)(Hernandez, Kaitlyne) |
| Filing 26 NOTICE of Entry of Appearance by Andrew James Carafelli on behalf of Academy, The, Suzie Galbraith, Brent ReckmanAttorney Andrew James Carafelli added to party Academy, The(pty:dft), Attorney Andrew James Carafelli added to party Suzie Galbraith(pty:dft), Attorney Andrew James Carafelli added to party Brent Reckman(pty:dft) (Carafelli, Andrew) |
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Filing 25
ORDER granting #23 Unopposed Motion for Extension of Time To File Response. Defendants' deadline to file a responsive pleading to the Complaint is June 19, 2026. SO ORDERED by Chief Judge Daniel D. Domenico on 06/09/2026. Text Only Entry.(agryan)
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| Filing 24 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6) by Defendants City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning Commission. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Doc 12 - First Amended Complaint, #3 Exhibit C - 1.3.26 State Court Order, #4 Proposed Order (PDF Only) Order Re: The Westminster Defendants' Motion to Dismiss Pursuant to Fed. R.Civ. P. 12(b)(1) and (b)(6))(Tucker, Bradley) |
| Filing 23 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendants Academy, The, Suzie Galbraith, Brent Reckman. (Attachments: #1 Proposed Order (PDF Only) Re Motion for Extension of Time to File Responsive Pleading)(Moncecchi, Dino) |
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Filing 22
MINUTE ORDER. This matter is before the Court on Plaintiffs' Unopposed Motion to Reset the Scheduling Conference [#17 ] (the "Motion"). For good cause shown, IT IS HEREBY ORDERED that the Motion [#17 ] is GRANTED. The Scheduling Conference set for June 17, 2026, at 9:30 a.m. is VACATED and RESET to July 16, 2026, at 11:00 a.m. in Courtroom A 501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that the deadline to file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [#5 ] is extended to July 2, 2026 and the deadline for the parties to file their proposed scheduling order is extended to July 9, 2026. Entered by Magistrate Judge Kathryn A. Starnella on 6/4/2026. Text Only Entry.(echa, )
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Filing 21
ORDER REFERRING MOTION: #17 Unopposed Motion to Reset the Scheduling Conference filed by Steve Franseen, Laura Franseen. Motion referred to Magistrate Judge Kathryn A. Starnella by Chief Judge Daniel D. Domenico on 6/4/2026. Text Only Entry. (agryan)
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| Filing 20 STATUS REPORT re Unopposed Motion to Reset the June 17, 2026 Scheduling Conference by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 19 NOTICE of Entry of Appearance by Bradley Don Tucker on behalf of City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning CommissionAttorney Bradley Don Tucker added to party City of Westminster(pty:dft), Attorney Bradley Don Tucker added to party City of Westminster Building Department(pty:dft), Attorney Bradley Don Tucker added to party City of Westminster City Council, The(pty:dft), Attorney Bradley Don Tucker added to party City of Westminster Planning Commission(pty:dft) (Tucker, Bradley) |
| Filing 18 NOTICE of Entry of Appearance by Kaitlyne Amber Hernandez on behalf of City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning CommissionAttorney Kaitlyne Amber Hernandez added to party City of Westminster(pty:dft), Attorney Kaitlyne Amber Hernandez added to party City of Westminster Building Department(pty:dft), Attorney Kaitlyne Amber Hernandez added to party City of Westminster City Council, The(pty:dft), Attorney Kaitlyne Amber Hernandez added to party City of Westminster Planning Commission(pty:dft) (Hernandez, Kaitlyne) |
| Filing 17 Unopposed MOTION to Reset Scheduling Conference by Plaintiffs Steve Franseen, Laura Franseen. (McBryant, Jessica) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Steve Franseen, Laura Franseen. City of Westminster waiver sent on 4/6/2026, answer due 6/5/2026; City of Westminster Building Department waiver sent on 4/6/2026, answer due 6/5/2026; City of Westminster City Council, The waiver sent on 4/6/2026, answer due 6/5/2026; City of Westminster Planning Commission waiver sent on 4/6/2026, answer due 6/5/2026. (McBryant, Jessica) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Steve Franseen, Laura Franseen. Academy, The waiver sent on 4/6/2026, answer due 6/5/2026; Suzie Galbraith waiver sent on 4/6/2026, answer due 6/5/2026; Brent Reckman waiver sent on 4/6/2026, answer due 6/5/2026. (McBryant, Jessica) |
| Filing 14 SUMMONS issued by Clerk re: #13 Summons Request. (ggill, ) |
| Filing 13 SUMMONS REQUEST as to The Academy, City of Westminster, Westminster Building Dept, Westminster Planning Commission, Westminster City Council, Suzie Galbraith, Brent Reckman by Plaintiffs Steve Franseen, Laura Franseen. (Attachments: #1 Am Summons Request Galbraith, #2 Am Summons Request Reckman, #3 Am Summons Request Westminster Planning Commission, #4 Am Summons Request Westminster Bldg Dept, #5 Am Summons Request City of Westminster, #6 Am Summons Request Westminster City Council)(McBryant, Jessica) |
| Filing 12 AMENDED COMPLAINT against Academy, The, City of Westminster, City of Westminster Building Department, City of Westminster City Council, The, City of Westminster Planning Commission, Suzie Galbraith, Brent Reckman, filed by Steve Franseen, Laura Franseen. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, Pt 1, #4 Exhibit Exhibit 3, Pt 2, #5 Exhibit Exhibit 3, Pt 3, #6 Exhibit Exhibit 3, Pt 4, #7 Exhibit Exhibit 4)(McBryant, Jessica) |
| Filing 11 SUMMONS issued by Clerk. (echa, ) |
| Filing 10 SUMMONS REQUEST as to The Academy, City of Westminster, Westminster Building Dept, Westminster Planning Commission, Westminster City Council, Suzie Galbraith, Brent Reckman by Plaintiffs Steve Franseen, Laura Franseen. (Attachments: #1 Summons Summons Request - City of Westminster, #2 Summons Summons Request - Westminster Building Dept, #3 Summons Summons Request - Westminster Planning Commission, #4 Summons Summons Request - Westminster City Council, #5 Summons Summons Request - Suzie Galbraith, #6 Summons Summons Request - Brent Reckman)(McBryant, Jessica) |
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Filing 9
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 17 March 2026. (amona, )
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Filing 8
ORDER Setting Scheduling/Planning Conference by Magistrate Judge Kathryn A. Starnella on 17 March 2026. IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Federal Rule of Civil Procedure 16(b) shall be held on June 17, 2026, commencing at 9:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. No later than seven (7) calendar days prior to the Scheduling/Planning Conference, counsel and pro se parties shall submit their proposed Scheduling Order in compliance with the Court's Electronic Case Filing Procedures, which are also available on the Court's website. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Scheduling Order) (amona, )
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| Filing 7 NOTICE of Entry of Appearance by Jessica McBryant on behalf of Steve Franseen, Laura Franseen Attorney Jessica McBryant added to party Steve Franseen(pty:pla), Attorney Jessica McBryant added to party Laura Franseen (pty:pla) (McBryant, Jessica) |
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. 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 Chief Judge Daniel D. Domenico on 3/16/2026. Text Only Entry. (rkeec)
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| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (eguth, ) |
| Filing 4 Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) |
| Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #2 Supplement/Amendment, #1 Complaint,, filed by attorney Joseph LoRusso. Attorney 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) (eguth, ) |
| Filing 2 SUPPLEMENT/AMENDMENT to #1 Complaint,, Civil Cover Sheet by Plaintiffs CF, a minor, by and through parent and next friend, Steve Franseen, Laura Franseen. (LoRusso, Joseph) |
| Filing 1 COMPLAINT AND JURY DEMAND against All Defendants (Filing fee $ 405,Receipt Number ACODC-10881080)Attorney Joseph Paul LoRusso added to party CF, a minor, by and through parent and next friend, Steve Franseen(pty:pla), Attorney Joseph Paul LoRusso added to party Laura Franseen (pty:pla), filed by CF, a minor, by and through parent and next friend, Steve Franseen, Laura Franseen. (Attachments: #1 Exhibit 1- Second Amended Preliminary Development Plan, #2 Exhibit 2- Official Development Plan, #3 Exhibit 3-Northridge at Park Centre Traffic Impact Analysis, #4 Exhibit 4- Knott Preliminary Report)(LoRusso, Joseph) |
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