Bubak v. Cache County School District et al
| Kyle Bubak |
| Cache County School District, Todd McKee, Alden Jack and Kirk McRae |
| 1:2026cv00004 |
| January 12, 2026 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Daphne A Oberg |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2026. A more recent docket listing may be available from PACER.
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| Filing 37 STATUS REPORT by Kyle Bubak. (Teter, Michael) |
Filing 36
DOCKET TEXT ORDER denying #20 Motion to Dismiss for Failure to State a Claim. On March 3, 2026, Defendants filed their #20 Motion to Dismiss Plaintiff's Complaint. On May 5, 2026, the parties filed a #33 Stipulated Motion to Stay. That motion was granted in the 35 Order on May 7, 2026. Since the case is now stayed, the #20 Motion to Dismiss is DENIED without prejudice. When the stay is lifted, Defendants may seek leave to refile their Motion to Dismiss. Signed by Judge David Barlow on 5/8/26. No attached document. (tjm)
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Filing 35
DOCKET TEXT ORDER granting #33 Stipulated Motion to Stay Proceedings. For good cause shown, and where the motion is stipulated, the motion is granted and this case is stayed. Plaintiff is ordered to file a status report every 60 days updating the court on the status of whether the safety plan issue in the state court proceeding (as described in this motion) has been resolved. Plaintiff must file a status report within 14 days of that issue being resolved. Any party seeking to lift the stay must file a motion seeking that relief. Signed by Magistrate Judge Daphne A. Oberg on 5/7/2026. No attached document. (cpb)
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| Filing 34 STIPULATION of Dismissal of Individual Defendants by Kyle Bubak. (Teter, Michael) |
| Filing 33 Stipulated MOTION to Stay and Memorandum in Support filed by Plaintiff Kyle Bubak. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Teter, Michael) |
| Filing 32 Modification of Docket: Pursuant to Order #31 , Second Amended Complaint filed at #21 is STRICKEN. Amended Complaint #7 is the operative document. Therefore, defendants Todd McKee, Alden Jack and Kirk McRae are unterminated and are reinstated to the case as defendants. (alf) |
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Filing 31
ORDER Striking #21 Second Amended Complaint, filed by Kyle Bubak. The first amended complaint #7 remains operative. Signed by Magistrate Judge Daphne A. Oberg on 4/28/2026. (alf)
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Filing 30
ORDER WITHDRAWING Magistrate Judge Daphne A. Oberg under (b)(1)(B) reference. Magistrate Judge Oberg remains assigned under (b)(1)(A). Signed by Judge David Barlow on 3/26/26. (tjm)
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Filing 29
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 3/26/26. (tjm)
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Filing 28
DOCKET TEXT ORDER: Rule 15 of the Federal Rules of Civil Procedure provides that unless an amendment is permitted as a matter of course, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Within seven days, Plaintiff must file a notice stating whether all parties have consented to Plaintiff's filing of the #21 second amended complaint. If all parties have not consented, the second amended complaint will be stricken as improperly filed. The deadline to respond to the second amended complaint remains stayed. Signed by Magistrate Judge Daphne A. Oberg on 3/24/2026. No attached document.(cpb)
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Filing 27
DOCKET TEXT ORDER: Based on the notice of appearance of counsel #26 , the order to show cause #23 is satisfied. Signed by Magistrate Judge Daphne A. Oberg on 3/24/2026. No attached document.(cpb)
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| Filing 26 NOTICE of Appearance by Michael J. Teter on behalf of Kyle Bubak (Teter, Michael) |
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Filing 25
DOCKET TEXT ORDER granting #24 Motion to Stay Deadline for Responsive Pleading Pending Outcome of Order to Show Cause. For good cause shown, the motion is granted and the deadline for Defendants to respond to the #21 Second Amended Complaint is stayed until the court's #23 Order to Show Cause is resolved. Signed by Magistrate Judge Daphne A. Oberg on 3/20/2026. No attached document. (cpb)
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| Filing 24 Defendant's MOTION to Stay re #23 Order to Show Cause,, and Memorandum in Support filed by Defendant Cache County School District. (Attachments: #1 Text of Proposed Order on Motion to Stay Deadline for Responsive Pleading Pending Outcome of Order to Show Cause) Motions referred to Daphne A. Oberg.(Anderson, Justin) |
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Filing 23
ORDER TO SHOW CAUSE - Accordingly, Mr. Bubak is ORDERED TO SHOW CAUSE why this action should not be dismissed for lack of subject-matter jurisdiction based on his lack of standing. Mr. Bubak must file a written response by March 31, 2026. Mr. Bubak may satisfy this order by having counsel appear in this action on his and R.B.s behalf by March 31, 2026. A failure to respond to this order may result in a recommendation or order to dismiss this action. Signed by Judge Daphne A. Oberg on 03/16/2026. (sg) Modified on 3/16/2026 by correcting the Judge who signed the document (sg).
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| Filing 22 NOTICE OF FILING of Second Amended Complaint re #21 Amended Complaint filed by Plaintiff Kyle Bubak. (alf) |
| Filing 21 SECOND AMENDED COMPLAINT against Cache County School District. Kirk McRae, Alden Jack and Todd McKee terminated per amended complaint filed by Kyle Bubak. (alf) Modified on 4/28/2026 stricken per order 31, terminated parties re-added to case. (alf). |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Cache County School District, Alden Jack, Todd McKee, Kirk McRae. Motions referred to Daphne A. Oberg.(Anderson, Justin) |
| Filing 19 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge David Barlow and Magistrate Judge Daphne A. Oberg. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh) |
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Filing 18
DOCKET TEXT ORDER granting #14 Stipulated Motion for Extension of Time to Answer. Defendants' deadline to answer or otherwise respond to the complaint is extended to 3/4/2026. Signed by Magistrate Judge Daphne A. Oberg on 1/20/2026. No attached document. (cpb)
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| Filing 17 Modification of Docket re #14 MOTION for Extension of Time to File Answer. Error: The document should have been filed using the event "Motion for Extension of time to File Answer. Correction: The event type for the motion and the docket entry text have been modified to reflect correct event. No Further Action is needed. (sg) |
| Filing 16 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Plaintiff Kyle Bubak, Defendants Cache County School District, Alden Jack, Todd McKee, Kirk McRae. (mh) |
| Filing 15 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Kyle Bubak, Defendants Cache County School District, Alden Jack, Todd McKee, Kirk McRae. Form due by 2/10/2026. (mh) |
| Filing 14 MOTION for Extension of Time to File Answer STIPULATION Motion for Extension of Time by Cache County School District, Alden Jack, Todd McKee, Kirk McRae. (Attachments: #1 Text of Proposed Order)(Walsh, Vanessa) Modified on 1/20/2026 - Changed event type to "Motion for Extension of Time to File Answer" (sg). |
| Filing 13 NOTICE of Appearance by Justin P. Anderson on behalf of Cache County School District, Alden Jack, Todd McKee, Kirk McRae (Anderson, Justin) |
| Filing 12 NOTICE of Appearance by Vanessa R. Walsh on behalf of Cache County School District, Alden Jack, Todd McKee, Kirk McRae (Walsh, Vanessa) |
| Filing 11 SUMMONS Returned Executed. Filed by Kyle Bubak. Summons as to Cache County School District. (sg) |
| Filing 10 SUMMONS Returned Executed. Filed by Kyle Bubak. Summons as to Kirk McRae. (sg) |
| Filing 9 SUMMONS Returned Executed. Filed by Kyle Bubak. Summons as to Todd McKee. (sg) |
| Filing 8 SUMMONS Returned Executed. Filed by Kyle Bubak. Summons as to Alden Jack. (sg) |
| Filing 7 AMENDED COMPLAINT for Declaratory, Injunctive, and Monetary Relief against Cache County School District, Alden Jack, Todd McKee, Kirk McRae with Jury Demand. filed by Kyle Bubak. (sg) |
| Filing 6 Summons Issued as to Cache County School District. (kop) |
| Filing 5 Summons Issued as to Alden Jack. (kop) |
| Filing 4 Summons Issued as to Todd McKee. (kop) |
| Filing 3 Summons Issued as to Kirk McRae. (kop) |
| Filing 2 NOTICE of Email Filing and Notification Form by Kyle Bubak. (kop) |
| Filing 1 COMPLAINT against Cache County School District, Alden Jack, Todd McKee, Kirk McRae (Filing fee $ 405, receipt number 12730) (Fee Status: paid) filed by Kyle Bubak. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Daphne A. Oberg. (kop) |
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