Orullian v. Western Governors University et al
| Aly-Marie Orullian |
| Western Governors University, Jennifer Michaelis, Emily Galbreath, Brad Mueller, Bridget Anderson, Kevin Bauman and Devin Baggs |
| 2:2025cv01031 |
| November 10, 2025 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
This docket was last retrieved on January 26, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 NOTICE OF FILING of Status Update filed by Plaintiff Aly-Marie Orullian. (Attachments: #1 Exhibit Certificate of Service) (dle) |
| Filing 9 AMENDED COMPLAINT against Bridget Anderson, Devin Baggs, Kevin Bauman, Emily Galbreath, Jennifer Michaelis, Brad Mueller, Western Governors University. filed by Aly-Marie Orullian. (Plaintiff included a motion for injunctive relief within her Amended Complaint and has been advised via email that Under DUCivR 3-5, a complaint must not include a motion and a separate motion must be submitted). (Attachments: #1 Exhibit Schedule A, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Certificate of Service, #6 Exhibit Email Filing Consent) (dle) |
Filing 8
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/12/2025. (ks) (ks).
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Filing 7
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(B), Magistrate Judge to handle case up to and including R&R on all dispositive matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 11/25/2025. (ks)
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Filing 6
DOCKET TEXT ORDER. On November 10, 2025, Plaintiff filed #2 Affidavit and Emergency Motion for Preservation and Injunctive Relief. In that motion she asserts violations of the Family Educational Rights and Privacy Act and its implementing regulations and seeks a temporary restraining order, a preliminary injunction, and other interim injunctive relief. But Supreme Court precedent leaves little doubt that FERPA cannot be enforced by private litigation. See Armstrong v. Exceptional Child Ctr., Inc., 575 U.S. 320, 32829 (2015) (citing Gonzaga Univ. v. Doe, 536 U.S. 273, 292 (2002) (Breyer, J., concurring)) (holding that the Medicaid Act precludes private enforcement where Congress gave express enforcement authority to the Secretary of Health and Human Services and provided a "broad[] and [non]specific" standard for compliance); Gonzaga, 536 U.S. at 29192 (Breyer, J., concurring) (concluding that "Congress [did not] intend[] private judicial enforcement of" FERPA because it provided an administrative enforcement process and used "broad and nonspecific" language to define the scope of compliance). Further, Supreme Court precedent appears to establish that a court may not grant preliminary equitable relief unless the Plaintiff also seeks final equitable relief. See Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 32627 (1999); De Beers Consol. Mines, Ltd. v. United States, 325 U.S. 212, 220 (1945)). In her complaint, Plaintiff makes clear that she seeks preliminary injunctive relief to preserve data and evidence but, apart from vague references to "protections from school retaliation" and a purported reservation of "the right to amend this complaint to include claims for damages or additional violations," she does not indicate what if any final relief she seeks. Dkt. No. 1 at 45. More generally, Plaintiff's perfunctory allegations fall far short of demonstrating a clear and unequivocal right to the extraordinary remedy she seeks. See Schiermeyer ex rel. Blockchain Partners, Inc. v. Thurston, 697 F. Supp. 3d 1265, 1269 (D. Utah 2023). #2 Affidavit and Emergency Motion for Preservation and Injunctive Relief is DENIED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 11/24/2025. No attached document. (wsw)
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| Filing 5 Modification of Docket: re #1 Complaint. The clerk noted that the Plaintiff's answer to section III, part B was cut-off when the document was flattened and filed. The clerk copied the contents of that answer and attached it to the complaint entry. (kop) |
| Filing 4 CERTIFICATE OF SERVICE by Aly-Marie Orullian re #1 Complaint, #2 Affidavit and Emergency Motion for Preservation and Injunctive Relief and Memorandum in Support. (kop) |
| Filing 3 NOTICE of Email Filing and Notification Form by Aly-Marie Orullian. (kop) |
| Filing 2 Affidavit and Emergency Motion for Preservation and Injunctive Relief and Memorandum in Support filed by Plaintiff Aly-Marie Orullian. (Attachments: #1 Exhibit Compendium in Support of Motion).(kop) |
| Filing 1 COMPLAINT against Bridget Anderson, Devin Baggs, Kevin Bauman, Emily Galbreath, Jennifer Michaelis, Brad Mueller, Western Governors University (Filing fee $ 405, receipt number 12077) (Fee Status: paid) filed by Aly-Marie Orullian. (Attachments: #1 Schedule A Defendants, #2 Civil Cover Sheet ) Assigned to Judge Howard C. Nielson, Jr. (kop) (Additional attachment(s) added on 11/20/2025: #3 Complete answer to section III, part B) (kop). |
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