Brooks et al v. DraftKings, Inc. et al
| Marquell Terrell, Chase Colerick and Jason T Brooks |
| DraftKings, Inc., Ameristar Casino Black Hawk, LLC, Colorado State Controller and Colorado Judicial Branch- Collections Unit |
| 1:2026cv01692 |
| April 21, 2026 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2026. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE of Entry of Appearance by Peter G. Baumann on behalf of Colorado Judicial Branch- Collections Unit Attorney Peter G. Baumann added to party Colorado Judicial Branch- Collections Unit (pty:dft) (Baumann, Peter) |
Filing 35
ORDER granting #34 Unopposed Motion for Extension of Time to File Response/Reply. For good cause, DraftKings is granted an extension of up to and including July 2, 2026, to file a reply in support of its Motion to Dismiss. By Judge S. Kato Crews on 6/10/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(skcja, )
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| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss Plaintiffs' Civil Complaint and Demand for Jury Trial by Defendant DraftKings, Inc.. (Meschke, David) |
| Filing 33 BRIEF in Opposition to #29 MOTION to Dismiss Plaintiffs' Civil Complaint and Demand for Jury Trial filed by Plaintiffs Jason T Brooks, Chase Colerick, Marquell Terrell. (Brooks, Jason) |
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Filing 32
ORDER granting #31 Unopposed Motion for Leave to File Excess Pages. Plaintiffs' forthcoming Response to DraftKing's Motion to Dismiss shall not exceed twenty-five (25) pages. By Judge S. Kato Crews on 6/8/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(skcja, )
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| Filing 31 Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Jason T Brooks, Chase Colerick, Marquell Terrell. (Brooks, Jason) |
| Filing 30 MEMORANDUM regarding #29 MOTION to Dismiss Plaintiffs' Civil Complaint and Demand for Jury Trial filed by DraftKings, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 6/5/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skcja, ) |
| Filing 29 MOTION to Dismiss Plaintiffs' Civil Complaint and Demand for Jury Trial by Defendant DraftKings, Inc.. (Attachments: #1 Exhibit A - Notice of Intercept)(Meschke, David) |
| Filing 28 REPLY to Response to #15 MOTION to Dismiss for Failure to State a Claim filed by Defendant Ameristar Casino Black Hawk, LLC. (Compton, Patrick) |
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Filing 27
ORDER granting #25 Defendants DraftKings, Inc., Ameristar Casino Black Hawk, LLC, and Colorado Judicial Branch - Collection Unit's Unopposed Joint Motion to Vacate the Scheduling Conference and Stay Discovery Pending a Ruling on Defendants' Motions to Dismiss, or, in the Alternative, to Reschedule Scheduling Conference. The case is STAYED. The Scheduling Conference set for 6/25/2026 and all related deadlines are VACATED. The stay shall not affect any Defendant's remaining obligation to respond to the Complaint. The parties are ORDERED to contact Chambers within ten (10) days of a ruling on the Motion(s) to Dismiss to set a scheduling conference if the claims remain pending. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/1/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(stvlc7, )
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| Filing 26 MEMORANDUM regarding #25 Unopposed MOTION to Vacate Scheduling Conference or, in the Alternative, to Reschedule Scheduling Conference (Joint) filed by DraftKings, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 6/1/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skcja, ) |
| Filing 25 Unopposed MOTION to Vacate Scheduling Conference or, in the Alternative, to Reschedule Scheduling Conference (Joint) by Defendant DraftKings, Inc.. (Meschke, David) |
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Filing 24
ORDER granting #23 Unopposed Motion to Exceed Page Limit. For good cause, DraftKings forthcoming motion to dismiss shall not exceed 25 pages. By Judge S. Kato Crews on 5/22/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(skcja, )
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| Filing 23 Unopposed MOTION for Leave to Exceed Page Limit for Motion to Dismiss Plaintiffs' Complaint by Defendant DraftKings, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Donchez, Denver) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Colorado Judicial Branch- Collections Unit. Colorado Judicial Branch- Collections Unit waiver sent on 5/21/2026, answer due 7/20/2026. (Baumann, Peter) |
| Filing 21 Opposition to #15 MOTION to Dismiss for Failure to State a Claim filed by Jefferey Colerick. (jrobe, ) |
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Filing 20
ORDER This matter is before the Court on #18 Plaintiffs' Motion for Issuance of Notice to Colorado Attorney General Pursuant to 28 U.S.C. 2403(b). Plaintiffs state that 28 U.S.C. 2403 "imposes a mandatory obligation on this Court to certify that constitutional challenge to the State Attorney General and to permit the State to intervene to defend the Act's constitutionality." [#18 at 1] However, the notice requirement under section 2403 does not apply when an agency of the state or state officers are already parties to the action. See Guttman v. Widman, No. 04-433 WPJ/WDS, 2004 WL 7337700, at *3 (D.N.M. July 26, 2004); MacCormack v. City of Prairie Vill., No. CIV A. 00-2405-CM, 2001 WL 237202, at *2 (D. Kan. Jan. 17, 2001); 59 Am. Jur. 2d Parties 185 ("A court of the United States is required, in any action, suit, or proceeding in that court to which a state or any agency officer, or employee thereof is not a party, wherein the constitutionality of any statute of that state is drawn into question, to certify such for the to the attorney general of the state" (emphasis added)). Here, Defendants include the Colorado State Controller, in their official capacity, and the Colorado Judicial Branch - Collections Unit. Accordingly, section 2403 does not apply because an agency of the state or state officers are already parties to this action. Accordingly, the Motion is DENIED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/18/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(stvlc7, )
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Filing 19
ORDER REFERRING MOTION(S): #18 MOTION to Compel Issuance of Constitutional Certification to Colorado Attorney General Pursuant to 28 U.S.C. 2403(b) and Fed. R. Civ. P. 5.1 filed by Marquell Terrell, Jason T Brooks, Chase Colerick.Motion referred to Magistrate Judge Scott T. Varholak by Judge S. Kato Crews on 5/18/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skclc1)
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| Filing 18 MOTION to Compel Issuance of Constitutional Certification to Colorado Attorney General Pursuant to 28 U.S.C. 2403(b) and Fed. R. Civ. P. 5.1 by Plaintiffs Jason T Brooks, Chase Colerick, Marquell Terrell. (Attachments: #1 Exhibit A)(Brooks, Jason) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent PENN Entertainment, Inc. for Ameristar Casino Black Hawk, LLC. (Compton, Patrick) |
| Filing 16 MEMORANDUM regarding #15 MOTION to Dismiss for Failure to State a Claim filed by Ameristar Casino Black Hawk, LLC. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 5/12/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skcja, ) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by Defendant Ameristar Casino Black Hawk, LLC. (Compton, Patrick) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. (Weiss, Joshua) |
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Filing 13
ORDER granting #12 Motion for Extension of Time. Defendant DraftKings, Inc. may have to and including 6/4/2026, to answer or otherwise respond. By Judge S. Kato Crews on 5/5/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skclc1)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant DraftKings, Inc.. (Meschke, David) |
| Filing 11 SUMMONS Returned Executed by Jason T Brooks, Marquell Terrell, Chase Colerick. All Defendants. (Brooks, Jason) |
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 4/27/2026. Proposed Scheduling Order due 6/18/2026. Scheduling Conference set for 6/25/2026 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (sphil, )
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for all motions. 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 D.C.COLO.LCivR 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, and (3) hear and determine pretrial matters, including discovery and other dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 4/27/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skcja, )
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (anewt, ) |
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Filing 7
ORDER ASSIGNING CASE. After initial review under D.C.COLO.LCivR 8.1, this case will be assigned to District Judge S. Kato Crews and Chief Magistrate Judge Scott T. Varholak. See D.C.COLO.LCivR 8.1(c) and 40.1(d)(1); See Brooks v. Colo. Dept of Corr., No. 25-cv-02610-SKC-STV (pending) and Brooks v. Nissan North America, Inc., No. 26-cv-01385-SKC-STV (pending). Accordingly, it is ordered that this case be assigned to District Judge S. Kato Crews and Chief Magistrate Judge Scott T. Varholak under D.C.COLO.LCivR 40.1(d)(1). By Magistrate Judge Richard T. Gurley on 4/27/2026. (Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-1692-SKC). For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (anewt,)
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| Filing 6 BRIEF re 2 Case Assigned (pro se) to Judge Plaintiffs' Notice of Non-Consent to Magistrate Jurisdiction and Objection to Initial Review Under LCivR 8.1(a) Addressed to District Judge by Plaintiffs Jason T Brooks, Chase Colerick, Marquell Terrell. (Brooks, Jason) |
| Filing 5 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Jason T Brooks, sought and received e-filing privileges on 4/23/2026. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, ) Modified on 4/24/2026 to correct text (dgumb, ). |
| Filing 4 Filing fee: $ 405.00, receipt number 117757 (eguth, ) |
| Filing 3 SUMMONS issued over the counter by Clerk. (eguth, ) |
| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (eguth, ) |
| Filing 1 CIVIL COMPLAINT and Demand for Jury Trial against Ameristar Casino Black Hawk, LLC, Colorado Judicial Branch- Collections Unit, Colorado State Controller, DraftKings, Inc., filed by Jason Brooks, Marquell Terrell, Chase Colerick. (Attachments: #1 Civil Cover Sheet)(eguth, ) |
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