Case: A.V. v. Douglas County School District RE-1

COMPLAINT and Jury Demand against Daniel Coyle, Douglas County School District RE-1, Sidney Nicholson, Lyle Peterson, Tony Spurlock (Filing fee $ 402,Receipt Number 1082-7753421)Attorney Jack David Robinson added to party Michelle Hanson(pty:pla), Attorney Jack David Robinson added to party A. V.(pty:pla), filed by Michelle Hanson, A. V.. (Attachments: # 1 Civil Cover Sheet)(Robinson, Jack) (Entered: 03/09/2021)

1 Civil Cover Sheet

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NOTICE of Entry of Appearance by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Michelle Hanson(pty:pla), Attorney Mark Silverstein added to party A. V.(pty:pla) (Silverstein, Mark) (Entered: 03/09/2021)

NOTICE of Entry of Appearance by Sara R. Neel on behalf of All Plaintiffs Attorney Sara R. Neel added to party Michelle Hanson(pty:pla), Attorney Sara R. Neel added to party A. V.(pty:pla) (Neel, Sara) (Entered: 03/09/2021)

NOTICE of Entry of Appearance by Arielle Kay Herzberg on behalf of All Plaintiffs Attorney Arielle Kay Herzberg added to party Michelle Hanson(pty:pla), Attorney Arielle Kay Herzberg added to party A. V.(pty:pla) (Herzberg, Arielle) (Entered: 03/09/2021)

Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (trvo, ) (Entered: 03/09/2021)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (trvo, ) (Entered: 03/09/2021)

NOTICE of Entry of Appearance of Michael Brent Case by Michael Brent Case on behalf of Douglas County School District RE-1Attorney Michael Brent Case added to party Douglas County School District RE-1(pty:dft) (Case, Michael) (Entered: 03/11/2021)

NOTICE of Entry of Appearance of M. Johnathan Koonce by M. Jonathan Koonce on behalf of Douglas County School District RE-1Attorney M. Jonathan Koonce added to party Douglas County School District RE-1(pty:dft) (Koonce, M.) (Entered: 03/11/2021)

WAIVER OF SERVICE Returned Executed by A.V.. Douglas County School District RE-1 waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/11/2021)

ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 3/12/2021. Text Only Entry (wjmsec, ) (Entered: 03/12/2021)

ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 3/ 12/2021. Text Only Entry (wjmsec, ) (Entered: 03/12/2021)

NOTICE of Entry of Appearance of Jonathan P. Fero by Jonathan Patrick Fero on behalf of Douglas County School District RE-1Attorney Jonathan Patrick Fero added to party Douglas County School District RE-1(pty:dft) (Fero, Jonathan) (Entered: 03/12/2021)

Order Referring Case to Magistrate Judge

Order

WAIVER OF SERVICE Returned Executed by A.V.. Tony Spurlock waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

WAIVER OF SERVICE Returned Executed by A.V.. Daniel Coyle waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

WAIVER OF SERVICE Returned Executed by A.V.. Lyle Peterson waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

WAIVER OF SERVICE Returned Executed by A.V.. Sidney Nicholson waiver sent on 3/11/2021, answer due 5/10/2021. (Robinson, Jack) (Entered: 03/24/2021)

MINUTE ORDER Setting Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 6/14/2021 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 6/7/2021. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 3/29/2021. Text Only Entry (amont, ) (Entered: 03/29/2021)

Minute Order

DCSO Defendants' Unopposed Motion to Extend Page Limit for their Motion to Dismiss Plaintiff's Complaint, by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) Modified on 5/6/2021 to correct title (angar, ). (Entered: 05/06/2021)

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Douglas County School District RE-1. (Fero, Jonathan) (Entered: 05/07/2021)

ORDER granting DCSO Defendants' Unopposed Motion to Extend Page Limit for their Motion to Dismiss Plaintiff's Complaint 18 . DCSO Defendants' Motion is GRANTED for good cause shown. DSCO Defendants are granted leave to file their Motion to Dismiss not to exceed 22 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 5/7/2021. Text Only Entry(wjmsec, ) (Entered: 05/07/2021)

MEMORANDUM regarding 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Douglas County School District RE-1. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 5/7/2021. Text Only Entry (wjmsec, ) (Entered: 05/07/2021)

Order on Motion for Leave to File Excess Pages

Memorandum

ORDER granting 19 Motion for Extension of Time to Answer or Otherwise Respond. Douglas County School District RE-1's deadline for responsive pleading is extended to 5/24/2021. By Magistrate Judge S. Kato Crews on 5/10/2021. Text Only Entry(skclc1) (Entered: 05/10/2021)

MOTION to Dismiss by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 05/10/2021)

MOTION to Stay Discovery by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 05/10/2021)

Order on Motion for Extension of Time to Answer or Otherwise Respond

MEMORANDUM regarding 24 MOTION to Stay Discovery filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 5/12/2021. Text Only Entry (wjmsec, ) (Entered: 05/12/2021)

Memorandum

NOTICE of Entry of Appearance by Kelly Dunnaway on behalf of Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony SpurlockAttorney Kelly Dunnaway added to party Daniel Coyle(pty:dft), Attorney Kelly Dunnaway added to party Sidney Nicholson(pty:dft), Attorney Kelly Dunnaway added to party Lyle Peterson(pty:dft), Attorney Kelly Dunnaway added to party Tony Spurlock(pty:dft) (Dunnaway, Kelly) (Entered: 05/13/2021)

NOTICE of Entry of Appearance by Megan Leigh Taggart on behalf of Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony SpurlockAttorney Megan Leigh Taggart added to party Daniel Coyle(pty:dft), Attorney Megan Leigh Taggart added to party Sidney Nicholson(pty:dft), Attorney Megan Leigh Taggart added to party Lyle Peterson(pty:dft), Attorney Megan Leigh Taggart added to party Tony Spurlock(pty:dft) (Taggart, Megan) (Entered: 05/13/2021)

MOTION to Dismiss by Defendant Douglas County School District RE-1. (Fero, Jonathan) (Entered: 05/24/2021)

Exhibits in Support of 28 MOTION to Dismiss Exhibit A by Defendant Douglas County School District RE-1. (Fero, Jonathan) (Entered: 05/24/2021)

MOTION for Extension of Time to File Answer or Otherwise Respond to DCSO Defendants' Motion to Dismiss by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/26/2021)

MOTION for Extension of Time to File Answer or Otherwise Respond to DCSO Defendants' Motion to Stay by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/26/2021)

ORDER denying Plaintiff's Unopposed Motion for an Extension of Time for Plaintiff to Respond to DCSO Defendants' Motion to Dismiss (ECF Doc. 23) 30 . Plaintiff's Motion is DENIED without prejudice to refiling given Plaintiff's counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 5/28/2021. Text Only Entry(wjmsec, ) (Entered: 05/28/2021)

MEMORANDUM regarding 31 MOTION for Extension of Time to File Answer or Otherwise Respond to DCSO Defendants' Motion to Stay filed by A.V.. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 5/28/2021. Text Only Entry (wjmsec, ) (Entered: 05/28/2021)

Amended MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss of DCSO Defendants by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/28/2021)

Amended MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Stay Discovery of DSCO Defendants by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 05/28/2021)

Order on Motion for Extension of Time to Answer or Otherwise Respond

Memorandum

MEMORANDUM regarding 35 Amended MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Stay Discovery of DSCO Defendants filed by A.V.. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 6/2/2021. Text Only Entry (wjmsec, ) (Entered: 06/02/2021)

ORDER granting Plaintiff's Amended Unopposed Motion for an Extension of Time for Plaintiff to Respond to DCSO Defendants' Motion to Dismiss (ECF Doc. 23) 34 . Plaintiff is granted leave, for good cause shown, to file said Response on or before June 14, 2021. SO ORDERED by Judge William J. Martinez on 6/2/2021. Text Only Entry(wjmsec, ) (Entered: 06/02/2021)

ORDER granting 35 Motion for Extension of Time to File Response. Plaintiff may have up to and including June 14, 2021, to file a Response to the Motion to Stay. By Magistrate Judge S. Kato Crews on 6/2/2021. Text Only Entry (skclc1) (Entered: 06/02/2021)

Memorandum

Order on Motion for Extension of Time to File Response/Reply

Proposed Scheduling Order by Plaintiff A.V.. (Robinson, Jack) (Entered: 06/07/2021)

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff A.V. All parties do not consent.. (Robinson, Jack) (Entered: 06/07/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss by Douglas County School District by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/09/2021)

Unopposed MOTION for Leave to File Excess Pages FOR PLAINTIFFS OPPOSITION TO DCSO DEFENDANTS MOTION TO DISMISS by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/09/2021)

NOTICE re 24 MOTION to Stay Discovery by Defendant Douglas County School District RE-1 (Koonce, M.) (Entered: 06/10/2021)

ORDER granting Plaintiff's Unopposed Motion for an Extension of Time for Plaintiff to Respond to Douglas County School District RE-1's Motion to Dismiss 41 . The Motion is GRANTED for good cause shown, and Plaintiff is granted leave to file his Response to Douglas County School District RE-1's Motion to Dismiss 28 on or before June 28, 2021. SO ORDERED by Judge William J. Martinez on 6/11/2021. Text Only Entry(wjmlc2) (Entered: 06/11/2021)

ORDER granting Plaintiff's Unopposed Motion to Extend Page Limit for Plaintiff's Opposition to DCSO Defendants' Motion to Dismiss 42 . The Motion is GRANTED for good cause shown and Plaintiff is granted leave to file his Response to the DSCO Defendants' Motion to Dismiss 23 not to exceed 25 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 6/11/2021. Text Only Entry (wjmlc2) (Entered: 06/11/2021)

MINUTE ORDER: In light of the 24 MOTION to Stay Discovery filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson, and the Plaintiff's extended deadline within which to respond, the Court concludes the more prudent course of action is to VACATE the Scheduling Conference pending the resolution of the Motion. The Scheduling Conference will be reset following either an order denying the motion or the resolution of the Motion to Dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 6/11/2021. Text Only Entry (skclc1) (Entered: 06/11/2021)

Order on Motion for Extension of Time to File Response/Reply

Order on Motion for Leave to File Excess Pages

Minute Order

BRIEF in Opposition to 23 MOTION to Dismiss by DCSO Defendants filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/14/2021)

BRIEF in Opposition to 24 MOTION to Stay Discovery filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/14/2021)

NOTICE of Supplemental Authorities re: 48 Brief in Opposition to Motion by Plaintiff A.V. (Herzberg, Arielle) (Entered: 06/22/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Taggart, Megan) (Entered: 06/23/2021)

BRIEF re 23 MOTION to Dismiss, 28 MOTION to Dismiss Statement of Interest by Amicus United States of America. (Rost, Cheryl) (Entered: 06/24/2021)

ORDER granting DCSO Defendants' Unopposed Motion for Enlargement of Time to File Reply in Support of Motion to Dismiss 50 . Defendants are granted leave, for good cause shown, to file said Reply on or before July 6, 2021. SO ORDERED by Judge William J. Martinez on 6/25/2021. Text Only Entry(wjmsec, ) (Entered: 06/25/2021)

Order on Motion for Extension of Time to File Response/Reply

BRIEF in Opposition to 28 MOTION to Dismiss by Douglas County School District RE-1 filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 06/28/2021)

Unopposed MOTION for Leave to Restrict by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Taggart, Megan) (Entered: 06/28/2021)

RESTRICTED DOCUMENT - Level 1: by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock.. (Taggart, Megan) (Entered: 06/28/2021)

DCOS Defendants' Reply in Support of 24 Motion to Stay Discovery Pending Immunity Determination, filed by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Public Entry to 55 Restricted Level 1) Text Only Entry (angar, ) (Entered: 07/01/2021)

MEMORANDUM regarding 54 Unopposed MOTION for Leave to Restrict filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 6/29/2021. Text Only Entry (wjmsec, ) (Entered: 06/29/2021)

Memorandum

REPLY to Response to 23 MOTION to Dismiss filed by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 07/06/2021)

ORDER granting 54 Motion for Leave to Restrict. Docket entry 55 shall remain under Level 1 restriction. By Magistrate Judge S. Kato Crews on 7/8/2021. Text Only Entry(skclc1) (Entered: 07/08/2021)

Order on Motion for Leave to Restrict

REPLY to Response to 28 MOTION to Dismiss filed by Defendant Douglas County School District RE-1. (Koonce, M.) (Entered: 07/12/2021)

RESPONSE to 51 Brief Statement of Interest of United States by Defendant Tony Spurlock. (Johnson, Dawn) (Entered: 07/15/2021)

ORDER: For the reasons stated herein, the 24 Motion to Stay is DENIED. A Telephonic Scheduling Conference is set for 12/2/2021 at 09:30 AM before Magistrate Judge S. Kato Crews. The proposed Scheduling Order shall be filed and emailed in Word format to Crews_Chambers@cod.uscourts.gov seven days in advance. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 10/26/2021. Text Only Entry (skclc1) (Entered: 10/26/2021)

OBJECTION/Appeal of Magistrate Judge Decision to District Court by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 11/09/2021)

NOTICE re 63 OBJECTION/Appeal of Magistrate Judge Decision to District Court by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. Notice to Join Objections by Defendant Douglas County School District RE-1 (Koonce, M.) (Entered: 11/10/2021)

RESPONSE to 63 Objection/Appeal of Magistrate Judge Decision Order Denying The Motions to Stay Discovery filed by Plaintiff A.V.. (Herzberg, Arielle) (Entered: 11/23/2021)

Proposed Scheduling Order by Plaintiff A.V.. (Robinson, Jack) (Entered: 11/24/2021)

COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 12/2/2021. Discovery due by 7/8/2022. Dispositive Motions due by 8/5/2022. Joint Status Report due by 2/25/2022. Telephone Final Pretrial Conference set for 10/25/2022 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) (Entered: 12/02/2021)

SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 12/2/2021. (amont, ) (Entered: 12/02/2021)

DISCLOSURE OF JUDGE CREWS' BOARD SERVICE WITH MR. FERO issued by by Magistrate Judge S. Kato Crews on 12/2/2021. (Attachments: # 1 Election Form) (skclc1) (Entered: 12/02/2021)

1 Exhibit Election Form

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MOTION to Withdraw as Attorney by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Taggart, Megan) (Entered: 12/06/2021)

MEMORANDUM regarding 70 MOTION to Withdraw as Attorney filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 12/6/2021. Text Only Entry (wjmsec, ) (Entered: 12/06/2021)

Memorandum

ORDER granting 70 Motion to Withdraw as Attorney. Attorney Megan Leigh Taggart is terminated as counsel of record. By Magistrate Judge S. Kato Crews on 12/7/2021. Text Only Entry (skclc1) (Entered: 12/07/2021)

STATEMENT re 69 Minute Order Election Concerning Possible Basis for Disqualification by Plaintiff A.V.. (Robinson, Jack) (Entered: 12/07/2021)

STATEMENT re 69 Minute Order Amended Election Concerning Possible Basis for Disqualification by Plaintiff A.V.. (Robinson, Jack) (Entered: 12/07/2021)

Order on Motion to Withdraw as Attorney

MOTION to Withdraw as Attorney by Defendants Daniel Coyle, Sidney Nicholson, Lyle Peterson, Tony Spurlock. (Johnson, Dawn) (Entered: 12/14/2021)

NOTICE of Entry of Appearance by Asma Kadri Keeler on behalf of All Plaintiffs Attorney Asma Kadri Keeler added to party A.V.(pty:pla) (Keeler, Asma) (Entered: 12/14/2021)

MEMORANDUM regarding 75 MOTION to Withdraw as Attorney filed by Tony Spurlock, Daniel Coyle, Sidney Nicholson, Lyle Peterson. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 12/16/2021. Text Only Entry (wjmsec, ) (Entered: 12/16/2021)

Memorandum

ORDER granting 75 Motion to Withdraw as Attorney. Attorney Dawn Lynnette Johnson is terminated as counsel of record. By Magistrate Judge S. Kato Crews on 12/22/2021. Text Only Entry(skclc1) (Entered: 12/22/2021)

Stipulated MOTION for Protective Order by Plaintiff A.V.. (Attachments: # 1 Exhibit Proposed Protective Order)(Neel, Sara) (Entered: 12/22/2021)

1 Exhibit Proposed Protective Order

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Order on Motion to Withdraw as Attorney