Drakewyck v. Aurora Public Schools et al
| Kate Drakewyck, Kate Drakewyck Wolf and Kate Wolf |
| Aurora Public Schools, Melinda Davis and Haleh Torbaghan |
| 1:2026cv02007 |
| May 11, 2026 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Scott T Varholak |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2026. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #32 Motion for Order to Appear Remotely. Telephonic appearances will be permitted. All parties that wish to participate in the Hearing by telephone may do so by calling 571-353-2301 at the scheduled time and utilizing Meeting ID: 252821415#. The participants may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/7/2026. 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(stvlc6, )
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Filing 33
ORDER REFERRING MOTION(S): #32 MOTION to Attend Remotely filed by Kate Drakewyck. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Daniel D. Domenico on 07/07/2026. Text Only Entry. 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. (agryan)
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| Filing 32 MOTION to Attend Remotely by Plaintiff Kate Drakewyck. (sphil, ) |
| Filing 31 REPLY to Response to #25 MOTION to Stay Discovery filed by Defendants Aurora Public Schools, Melinda Davis, Haleh Torbaghan. (Gecker, Caroline) |
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Filing 30
MINUTE ORDER This matter is before the Court on Plaintiff's #28 Response to Reply, which the Court construes as a sur-reply opposing Defendants' #21 Motion to Dismiss. Neither the Federal Rules of Civil Procedure nor this District's Local Rules of Civil Practice allow for sur-replies as a matter of right. In the Tenth Circuit, "[a] district court must permit a surreply where it relies on new materials--i.e., new evidence or new legal argument--raised in a reply brief." United Fire & Cas. Co. v. Boulder Plaza Residential, LLC, No. 06-cv-00037-PAB-CBS, 2010 WL 420046, at *10 (D. Colo. Feb. 1, 2010) (citing Pippin v. Burlington Res. Oil & Gas Co., 440 F.3d 1186, 1192 (10th Cir. 2006)). "However, where the materials are not new or a court disregards any materials that are, that court need not permit a surreply." Id. (citing Green v. New Mexico, 420 F.3d 1189, 119697 (10th Cir. 2005)). Plaintiff has not been granted leave to file a sur-reply. Accordingly, Plaintiff's #28 Response is STRICKEN. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/30/2026. 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 (stvlc6, )
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| Filing 29 REPLY to Defendant's Motion to Stay #25 filed by Plaintiff Kate Drakewyck. (agryan) |
| Filing 28 STRICKEN RESPONSE to Reply in Support of Defendant's Motion to Dismiss #21 filed by Plaintiff Kate Drakewyck. (agryan) Modified on 7/1/2026 to strike pursuant to 30 Minute Order (agryan). |
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Filing 27
MINUTE ORDER This matter is before the Court on #25 Motion to Stay. The Court sets the following expedited briefing schedule: Plaintiff shall respond to the Motion on or before 7/8/2026. Defendants may then reply on or before 7/15/2026. The Court sets a Motion Hearing for 7/21/2026 at 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/24/2026. 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 (stvlc6, )
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Filing 26
ORDER REFERRING MOTION(S): #25 MOTION to Stay filed by Melinda Davis, Aurora Public Schools, Haleh Torbaghan. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Daniel D. Domenico on 06/24/2026. Text Only Entry. 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. (agryan)
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| Filing 25 MOTION to Stay by Defendants Aurora Public Schools, Melinda Davis, Haleh Torbaghan. (Gecker, Caroline) |
| Filing 24 REPLY to Response to #21 MOTION to Dismiss Plaintiff's Amended Complaint (ECF 15) filed by Defendants Aurora Public Schools, Melinda Davis, Haleh Torbaghan. (Gecker, Caroline) |
| Filing 23 RESPONSE to Defendant's Motion to Dismiss Plaintiff's Amended Complaint #21 filed by Plaintiff Kate Drakewyck. (Attachments: #1 Exhibit)(agryan) |
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Filing 22
ORDER REFERRING MOTION(S): #21 MOTION to Dismiss Plaintiff's Amended Complaint (ECF 15) filed by Melinda Davis, Aurora Public Schools, Haleh Torbaghan. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Daniel D. Domenico on 06/10/2026. Text Only Entry. 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. (agryan)
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| Filing 21 MOTION to Dismiss Plaintiff's Amended Complaint (ECF 15) by Defendants Aurora Public Schools, Melinda Davis, Haleh Torbaghan. (Gecker, Caroline) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 5/29/2026. Proposed Scheduling Order due 8/11/2026. Scheduling Conference set for 8/18/2026 10:45 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 19
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 Chief Judge Daniel D. Domenico on 5/28/2026. 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. (rkeec)
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| Filing 18 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eluce, ) |
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Filing 17
ORDER Drawing Case. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Accordingly, it is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge, by Magistrate Judge Richard T. Gurley on 5/27/2026. (Case randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-02007-DDD.) 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. (eluce)
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Filing 16
MINUTE ORDER. The Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #14 ) filed May 26, 2026, is DENIED as moot, by Magistrate Judge Richard T. Gurley on 5/27/2026. 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.(eluce, )
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| Filing 15 EMPLOYMENT DISCRIMINATION COMPLAINT against Aurora Public Schools, Melinda Davis, Haleh Torbaghan, filed by Kate Drakewyck.(echa, ) |
| Filing 14 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) by Plaintiff Kate Drakewyck. (Attachments: #1 Civil Cover Sheet)(echa, ) |
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Filing 13
ORDER Directing Plaintiff to File Amended Complaint. It is ORDERED that Plaintiff shall file, within 30 days from the date of this Order, an amended complaint on the court-approved Employment Discrimination Complaint form. It is FURTHER ORDERED that, if Plaintiff fails to file an amended complaint within the time allowed, the action may be dismissed without further notice, by Magistrate Judge Richard T. Gurley on 5/15/2026. 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. (echa, )
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| Filing 12 CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Aurora Public Schools, Melinda Davis, Haleh Torbaghan re #11 MOTION for Entry of Default as to as: no affidavit or declaration required by Fed. R. Civ. P. 55(a) was filed. Furthermore, this case is still in initial review by Clerk. Text Only Entry. (echa, ) |
| Filing 11 MOTION for Entry of Default by Plaintiff Kate Drakewyck. (echa, ) |
| Filing 10 Administrative Notice: $5.00 filing fee received. Financial notified and a refund is pending. (Text Only Entry) (agarc, ) |
| Filing 9 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (agarc, ) |
| Filing 8 RETURN of Service of Summons and Complaint upon Haleh Torbaghan on 4/21/2026. (agarc, ) |
| Filing 7 RETURN of Service of Summons and Complaint upon Melinda Davis on 4/21/2026. (agarc, ) |
| Filing 6 RETURN of Service of Summons and Complaint upon Aurora Public Schools on 4/21/2026. (agarc, ) |
| Filing 5 STATE COURT ORDER Granting Motion for Jury Demand by Arapahoe County District Court Judge Joseph Riley Whitefield on 5/5/2026. (agarc, ) |
| Filing 4 COMPLAINT Under Simplified Civil Procedure against Aurora Public Schools, Melinda Davis, and Haleh Torbaghan, filed by Kate Drakewyck.(agarc, ) |
| Filing 3 NOTICE re #1 Notice of Removal,, Notice of Filing JS 44 Civil Cover Sheet by Defendants Aurora Public Schools, Melinda Davis, Haleh Torbaghan (Gecker, Caroline) |
| Filing 2 NOTICE re #1 Notice of Removal,, Attaching Additional State Court Filings by Defendants Aurora Public Schools, Melinda Davis, Haleh Torbaghan (Attachments: #1 Exhibit A - State Court Proposed Summons to Torbaghan, #2 Exhibit B - State Court Proposed Summons, #3 Exhibit C - State Court Delay Reduction Order, #4 Exhibit D - State Court Proposed Summons to APS, #5 Exhibit E - State Court Proposed Summons to Davis, #6 Exhibit F - State Court Summons Issued to APS, #7 Exhibit G - State Court Summons Issued to Davis, #8 Exhibit H - State Court Summons Issued to Torbaghan, #9 Exhibit I - State Court Motion for Jury Demand, #10 Exhibit J - State Court Order regarding Court Fees Granted, #11 Exhibit K - State Court Order regarding Motion for Jury Demand, #12 Exhibit L - State Court Entry of Appearance of Caroline G. Gecker)(Gecker, Caroline) |
| Filing 1 NOTICE OF REMOVAL by Haleh Torbaghan, Melinda Davis, Aurora Public Schools from Arapahoe County District Court, Case Number 2026 CV 112. (Filing fee $ 405, Receipt Number ACODC-11003654), filed by Haleh Torbaghan, Melinda Davis, Aurora Public Schools. (Attachments: #1 Exhibit A - State Court Complaint Under Simplified Procedure, #2 Exhibit B - State Court Civil Case Cover Sheet, #3 Exhibit C - State Court Return of Service Aurora Public Schools, #4 Exhibit D - State Court Return of Service Davis, #5 Exhibit E - State Court Return of Service Torbaghan)(Gecker, Caroline) |
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