Case: Darren Patterson Christian Academy v. Roy

COMPLAINT against Dawn Odean, Lisa Roy (Filing fee $ 402,Receipt Number ACODC-9158758)Attorney Jeremiah Galus added to party Darren Patterson Christian Academy(pty:pla), filed by Darren Patterson Christian Academy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet)(Galus, Jeremiah) (Entered: 06/20/2023)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Civil Cover Sheet

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SUMMONS REQUEST as to Lisa Roy re 1 Complaint, by Plaintiff Darren Patterson Christian Academy. (Galus, Jeremiah) (Entered: 06/20/2023)

SUMMONS REQUEST as to Dawn Odean re 1 Complaint, by Plaintiff Darren Patterson Christian Academy. (Galus, Jeremiah) (Entered: 06/20/2023)

CORPORATE DISCLOSURE STATEMENT. (Galus, Jeremiah) (Entered: 06/20/2023)

Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jcharl, ) (Entered: 06/21/2023)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (jcharl, ) (Entered: 06/21/2023)

1 Summons

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2 Magistrate Judge Consent Form

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NOTICE of Entry of Appearance by Ryan Jeffrey Tucker on behalf of Darren Patterson Christian AcademyAttorney Ryan Jeffrey Tucker added to party Darren Patterson Christian Academy(pty:pla) (Tucker, Ryan) (Entered: 06/22/2023)

ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 22 June 2023. Consent Form due by 8/16/2023. Proposed Scheduling Order due 8/23/2023. Scheduling Conference set for 8/30/2023 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, ) (Entered: 06/22/2023)

NOTICE of Entry of Appearance by Jacob Ethan Reed on behalf of Darren Patterson Christian AcademyAttorney Jacob Ethan Reed added to party Darren Patterson Christian Academy(pty:pla) (Reed, Jacob) (Entered: 06/22/2023)

NOTICE of Entry of Appearance by David Andrew Cortman on behalf of Darren Patterson Christian AcademyAttorney David Andrew Cortman added to party Darren Patterson Christian Academy(pty:pla) (Cortman, David) (Entered: 06/22/2023)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 10 Notice of Entry of Appearance filed by attorney David Andrew Cortman. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cmadr, ) (Entered: 06/23/2023)

SUMMONS Returned Executed by Darren Patterson Christian Academy. Lisa Roy served on 6/23/2023, answer due 7/14/2023. (Galus, Jeremiah) (Entered: 06/28/2023)

SUMMONS Returned Executed by Darren Patterson Christian Academy. Dawn Odean served on 6/23/2023, answer due 7/14/2023. (Galus, Jeremiah) (Entered: 06/28/2023)

MOTION for Preliminary Injunction and Memorandum in Support by Plaintiff Darren Patterson Christian Academy. (Attachments: # 1 Declaration of Joshua Drexler, # 2 Declaration of Jason and Sarah Tippetts, # 3 Declaration of Jordan and Carrie Euler)(Galus, Jeremiah) (Entered: 07/10/2023)

1 Declaration of Joshua Drexler

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2 Declaration of Jason and Sarah Tippetts

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3 Declaration of Jordan and Carrie Euler

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Minute Order

Order Referring Case to Magistrate Judge

MINUTE ORDER In light of the filing of 14 Plaintiff's Motion for Preliminary Injunction, the Clerk of Court is directed to reassign this matter to a District Judge. See D.C.COLO.LCivR 40.1(c)(2)(a). SO ORDERED by Magistrate Judge Scott T. Varholak on 7/10/2023. Text Only Entry (stvlc4, ) (Entered: 07/10/2023)

CASE REASSIGNED pursuant to 15 Minute Order. This case is randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-01557-DDD. (Text Only Entry) (cmadr, ) (Entered: 07/10/2023)

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 Judge Daniel D. Domenico on 7/10/2023. Text Only Entry. (rkeec) (Entered: 07/10/2023)

SUMMONS Returned Executed by Darren Patterson Christian Academy. Lisa Roy served on 7/7/2023, answer due 7/28/2023. (Galus, Jeremiah) (Entered: 07/10/2023)

SUMMONS Returned Executed by Darren Patterson Christian Academy. Dawn Odean served on 7/7/2023, answer due 7/28/2023. (Galus, Jeremiah) (Entered: 07/10/2023)

AFFIDAVIT/RETURN of Service of Plaintiff's Motion for Preliminary Injunction and Memorandum in Support, Declaration of Joshua Drexler, Joint Declaration of Jason and Sarah Tippetts, Joint Declaration of Jordan and Carrie Euler, Notice of Electronic Filing upon Lisa Roy on 07/10/2023, filed by Plaintiff Darren Patterson Christian Academy (Galus, Jeremiah) (Entered: 07/13/2023)

AFFIDAVIT/RETURN of Service of Plaintiff's Motion for Preliminary Injunction and Memorandum in Support, Declaration of Joshua Drexler, Joint Declaration of Jason and Sarah Tippetts, Joint Declaration of Jordan and Carrie Euler, Notice of Electronic Filing upon Dawn Odean on 07/10/2023, filed by Plaintiff Darren Patterson Christian Academy (Galus, Jeremiah) (Entered: 07/13/2023)

NOTICE of Entry of Appearance of Janna K. Fischer by Janna K. Fischer on behalf of All Defendants Attorney Janna K. Fischer added to party Dawn Odean(pty:dft), Attorney Janna K. Fischer added to party Lisa Roy(pty:dft) (Fischer, Janna) (Entered: 07/17/2023)

NOTICE of Entry of Appearance of Nicole Rust by Nicole Siobhan Rust on behalf of All Defendants Attorney Nicole Siobhan Rust added to party Dawn Odean(pty:dft), Attorney Nicole Siobhan Rust added to party Lisa Roy(pty:dft) (Rust, Nicole) (Entered: 07/17/2023)

NOTICE of Entry of Appearance of Virginia Carreno by Virginia R. Carreno on behalf of All Defendants Attorney Virginia R. Carreno added to party Dawn Odean(pty:dft), Attorney Virginia R. Carreno added to party Lisa Roy(pty:dft) (Carreno, Virginia) (Entered: 07/17/2023)

NOTICE of Entry of Appearance of Kendra Yates by Kendra L. Yates on behalf of All Defendants Attorney Kendra L. Yates added to party Dawn Odean(pty:dft), Attorney Kendra L. Yates added to party Lisa Roy(pty:dft) (Yates, Kendra) (Entered: 07/17/2023)

First MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint and to Respond to Motion for Preliminary Injunction by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 07/20/2023)

ORDER granting 26 First MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint and to Respond to Motion for Preliminary Injunction. Defendants Dawn Odean and Lisa Roy must answer Complaint and respond to the Motion for Preliminary Injunction by 8/7/2023. SO ORDERED by Judge Daniel D. Domenico on 7/21/2023. Text Only Entry(dddlc5, ) (Entered: 07/21/2023)

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

First MOTION to Dismiss Plaintiff's Complaint by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Declaration of Dawn Odean in Support of Motion to Dismiss, # 2 Exhibit 1001)(Carreno, Virginia) (Entered: 08/07/2023)

1 Declaration of Dawn Odean in Support of Motion to Dismiss

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2 Exhibit 1001

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RESPONSE to 14 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 08/07/2023)

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Darren Patterson Christian Academy All parties do not consent.. (Reed, Jacob) (Entered: 08/14/2023)

NOTICE of Entry of Appearance of Brianna S. Tancher by Brianna Susan Tancher on behalf of Dawn Odean, Lisa RoyAttorney Brianna Susan Tancher added to party Dawn Odean(pty:dft), Attorney Brianna Susan Tancher added to party Lisa Roy(pty:dft) (Tancher, Brianna) (Entered: 08/14/2023)

ORDER SETTING BRIEFING SCHEDULE AND HEARING ON MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS by Judge Daniel D. Domenico on 16 August 2023. A two-hour hearing on Plaintiff's preliminary-injunction motion, Doc. 14, and Defendants' motion to dismiss, Doc. 28, is SET for October 5, 2023 at 9:30 am; in Courtroom A1002 before Judge Daniel D. Domenico. Please read attached order for additional details. (cmadr, ) (Entered: 08/16/2023)

Proposed Scheduling Order by Plaintiff Darren Patterson Christian Academy. (Reed, Jacob) (Entered: 08/23/2023)

NOTICE of Entry of Appearance of Ryan K. Lorch by Ryan K. Lorch on behalf of Dawn Odean, Lisa RoyAttorney Ryan K. Lorch added to party Dawn Odean(pty:dft), Attorney Ryan K. Lorch added to party Lisa Roy(pty:dft) (Lorch, Ryan) (Entered: 08/24/2023)

MINUTE ENTRY for Scheduling Conference proceedings held before Magistrate Judge Scott T. Varholak on 8/30/2023. ORDERED: Status Conference set for 2/13/2024 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Case schedule dates will be set during this hearing. However, if in advance of the date of the hearing, a ruling for the pending motion has been made, and the parties can reach agreement as to what the firm dates of the scheduling order should be, counsel shall file a motion to vacate the status conference, which includes the agreed upon dates. FTR: B. Abiakam. (babia) (Entered: 09/01/2023)

SCHEDULING ORDER by Magistrate Judge Scott T. Varholak on 8/30/2023. (babia) (Entered: 09/01/2023)

MINUTE ORDER The Court notes that 36 Scheduling Order contains a typo regarding the date of a future status conference, and clarifies that the Status Conference set in this matter is set for February 13, 2024 at 9:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, as stated on the record and reflected in 35 Minute Entry. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/7/2023. Text Only Entry (stvlc4, ) (Entered: 09/07/2023)

Minute Order

RESPONSE to 28 First MOTION to Dismiss Plaintiff's Complaint and Reply in Support of Motion for Preliminary Injunction filed by Plaintiff Darren Patterson Christian Academy. (Attachments: # 1 Supplemental Declaration of Joshua Drexler)(Galus, Jeremiah) (Entered: 09/07/2023)

1 Supplemental Declaration of Joshua Drexler

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NOTICE of Entry of Appearance of Michele K. Mulhausen by Michele Katherine Mulhausen on behalf of Dawn Odean, Lisa RoyAttorney Michele Katherine Mulhausen added to party Dawn Odean(pty:dft), Attorney Michele Katherine Mulhausen added to party Lisa Roy(pty:dft) (Mulhausen, Michele) (Entered: 09/27/2023)

MOTION to Withdraw as Attorney (Kendra Yates) by Defendants Dawn Odean, Lisa Roy. (Yates, Kendra) (Entered: 09/27/2023)

MOTION to Withdraw as Attorney (Nicole Rust) by Defendants Dawn Odean, Lisa Roy. (Rust, Nicole) (Entered: 09/27/2023)

REPLY to Response to 28 First MOTION to Dismiss Plaintiff's Complaint, 14 MOTION for Preliminary Injunction and Memorandum in Support and Opposition to Motion for Preliminary Injunction filed by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Supplemental Declaration of Dawn Odean In Support of Motion to Dismiss)(Carreno, Virginia) (Entered: 09/28/2023)

1 Supplemental Declaration of Dawn Odean In Support of Motion to Dismiss

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NOTICE Defendants' Glossary of Terms for October 5, 2023 Hearing by Defendants Dawn Odean, Lisa Roy (Carreno, Virginia) (Entered: 09/29/2023)

Witness List for 10.5.23 Hearing by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 10/02/2023)

Exhibit List for 10.5.23 Hearing by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 10/02/2023)

Witness List for 10-05-23 Hearing by Plaintiff Darren Patterson Christian Academy. (Galus, Jeremiah) (Entered: 10/02/2023)

Exhibit List for 10-05-23 Hearing by Plaintiff Darren Patterson Christian Academy. (Galus, Jeremiah) (Entered: 10/02/2023)

ORDER GRANTING 40 Motion to Withdraw as Attorney and GRANTING 41 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorneys Kendra L. Yates and Nicole Rust as counsel of record, and to remove these names from the electronic certificate of mailing. Defendants will continue to be represented by attorneys Virginia Carreno, Ryan Lorch, Janna Fischer, Brianna Tancher, and Michele Mulhausen. SO ORDERED by Judge Daniel D. Domenico on 10/3/2023. Text Only Entry(dddlc3, ) (Entered: 10/03/2023)

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

MINUTE ENTRY for proceedings held before Judge Daniel D. Domenico: Evidentiary Motion Hearing held on 10/5/2023. Taking under advisement 14 Motion for Preliminary Injunction. Taking under advisement 28 Motion to Dismiss. Court Reporter: Tammy Hoffschildt. (Attachments: # 1 Plaintiff's witness list, # 2 Defendants' witness list, # 3 Plaintiff's exhibit list, # 4 Defendants' exhibit list) (rkeec) (Entered: 10/05/2023)

1 Plaintiff's witness list

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2 Defendants' witness list

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3 Plaintiff's exhibit list

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4 Defendants' exhibit list

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TRANSCRIPT of Motion hearing held on October 5, 2023 before Judge Domenico. Pages: 1-81. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (thoff, ) (Entered: 10/06/2023)

NOTICE of Supplemental Facts In Support of Motion to Dismiss and in Opposition to Motion for Preliminary Injunction by Defendants Dawn Odean, Lisa Roy (Attachments: # 1 Exhibit 1020 Second Supplemental Declaration of Dawn Odean In Support of Motion to Dismiss and In Opposition to Motion for Preliminary Injunction, # 2 Exhibit 1021 Payment Record Attachment to Second Supplemental Declaration)(Lorch, Ryan) (Entered: 10/11/2023)

1 Exhibit 1020 Second Supplemental Declaration of Dawn Odean In Support of Motion

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2 Exhibit 1021 Payment Record Attachment to Second Supplemental Declaration

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RESPONSE to 51 Notice (Other), by Plaintiff Darren Patterson Christian Academy. (Galus, Jeremiah) (Entered: 10/13/2023)

ORDER DENYING MOTION TO DISMISS AND GRANTING PRELIMINARY INJUNCTION.Plaintiff has provided sufficient evidence to survive Defendants' factual attack on standing and ripeness grounds. Defendants' Motion to Dismiss, Doc. 28, is therefore DENIED.Plaintiff has also met its burden for a narrow injunction. Plaintiff's Motion for a Preliminary Injunction, Doc. 14, is GRANTED as follows:Defendants, their officers, agents, servants, employees, and attorneys, and any others who are in active concert or participation with any of the above, are ENJOINED from expelling, punishing, withholding funds from, or otherwise disciplining Plaintiff under the Universal Pre-school Program on the basis that Plaintiff's policies, as alleged in the verified complaint, violate the program's statutory or contractual anti-discrimination provisions.SO ORDERED by Judge Daniel D. Domenico on 10/20/2023. (dddlc1, ) (Entered: 10/21/2023)

Defendants' ANSWER to 1 Complaint, for Declaratory and Injunctive Relief by Dawn Odean, Lisa Roy.(Carreno, Virginia) (Entered: 11/03/2023)

MOTION to Withdraw as Attorney Ryan Lorch by Defendants Dawn Odean, Lisa Roy. (Lorch, Ryan) (Entered: 11/09/2023)

DEMAND for Trial by Jury by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 11/09/2023)

ORDER GRANTING 55 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Ryan Lorch as counsel of record, and to remove this name from the electronic certificate of mailing. Defendants will continue to be represented by attorneys Virginia Carreno, Janna Fischer, Brianna Tancher, and Michele Mulhausen. SO ORDERED by Judge Daniel D. Domenico on 11/14/2023. Text Only Entry(dddlc3, ) (Entered: 11/14/2023)

Order on Motion to Withdraw as Attorney

NOTICE of Entry of Appearance of J. Gregory Whitehair by James Gregory Whitehair on behalf of Dawn Odean, Lisa RoyAttorney James Gregory Whitehair added to party Dawn Odean(pty:dft), Attorney James Gregory Whitehair added to party Lisa Roy(pty:dft) (Whitehair, James) (Entered: 12/14/2023)

Proposed Scheduling Order Joint Proposed Amended Scheduling Order and Motion to Vacate February 13, 2024 Status Conference by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 02/09/2024)

Minute Order

MINUTE ORDER This matter is before the Court upon review of 59 Proposed Amended Scheduling Order. The Court will enter the order and adopts the deadlines contained therein. The Status Conference set for 2/13/2024 is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/9/2024. Text Only Entry (stvlc4, ) (Entered: 02/09/2024)

JOINT AMENDED SCHEDULING ORDER: Discovery due by 4/22/2024. Expert Discovery due by 6/13/2024. Dispositive Motions due by 6/21/2024, by Magistrate Judge Scott T. Varholak on 2/9/2024. (morti,) (Entered: 02/09/2024)

NOTICE of Intent to Serve Subpoena by Plaintiff Darren Patterson Christian Academy (Attachments: # 1 Rule 45 Subpoena & Attachment)(Galus, Jeremiah) (Entered: 03/07/2024)

1 Rule 45 Subpoena & Attachment

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NOTICE of Entry of Appearance by Bryan David Neihart on behalf of Darren Patterson Christian AcademyAttorney Bryan David Neihart added to party Darren Patterson Christian Academy(pty:pla) (Neihart, Bryan) (Entered: 04/03/2024)

Joint MOTION for Protective Order by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Proposed Order (PDF Only) Redlined Proposed Order, # 2 Proposed Order (PDF Only) Clean Proposed Order)(Whitehair, James) (Entered: 04/04/2024)

1 Proposed Order (PDF Only) Redlined Proposed Order

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2 Proposed Order (PDF Only) Clean Proposed Order

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ORDER REFERRING MOTION: 64 Joint MOTION for Protective Order filed by Dawn Odean and Lisa Roy. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 4/5/2024. Text Only Entry (dddlc9, ) (Entered: 04/05/2024)

Order Referring Motion

Order on Motion for Protective Order

ORDER granting 64 Joint Motion for Protective Order. The Court will enter the protective order proposed by the parties, with an amendment to Paragraph 1 made to ensure compliance with D.C.COLO.LCivR 7.2. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/5/2024. Text Only Entry(stvlc4, ) (Entered: 04/05/2024)

STIPULATED PROTECTIVE ORDER. By Magistrate Judge Scott T. Varholak on 4/5/2024. (schap, ) (Entered: 04/05/2024)

Joint MOTION to Amend/Correct/Modify 61 Scheduling Order, Set Scheduling Order Deadlines by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Proposed Order (PDF Only) Proposed Joint Motion to Further Amend Joint Amended Scheduling Order)(Whitehair, James) (Entered: 04/15/2024)

1 Proposed Order (PDF Only) Proposed Joint Motion to Further Amend Joint Amended S

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Order Referring Motion

Order on Motion to Amend/Correct/Modify

ORDER REFERRING MOTION: 68 Joint MOTION to Amend/Correct/Modify 61 Scheduling Order, Set Scheduling Order Deadlines filed by Dawn Odean, Lisa Roy. Motions referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 4/15/2024. Text Only Entry (dddlc9, ) (Entered: 04/15/2024)

ORDER granting 68 Joint Motion to Amend Scheduling Order (the "Motion"). The parties are granted leave to conduct the depositions described in the Motion on or before 4/24/2024. No other deadline is impacted by this Order. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/15/2024. Text Only Entry(stvlc4, ) (Entered: 04/15/2024)

NOTICE of Entry of Appearance by Philip A. Sechler on behalf of Darren Patterson Christian AcademyAttorney Philip A. Sechler added to party Darren Patterson Christian Academy(pty:pla) (Sechler, Philip) (Entered: 05/31/2024)

Unopposed MOTION to Amend/Correct/Modify 61 Scheduling Order, Set Scheduling Order Deadlines Motion to Amend Joint Amended Scheduling Order by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 06/05/2024)

Order Referring Motion

ORDER REFERRING MOTION: 72 Unopposed MOTION to Amend/Correct/Modify 61 Scheduling Order, Set Scheduling Order Deadlines Motion to Amend Joint Amended Scheduling Order filed by Dawn Odean, Lisa Roy. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 6/5/2024. Text Only Entry (dddlc9, ) (Entered: 06/05/2024)

ORDER granting 72 Unopposed Motion to Amend Scheduling Order (the "Motion"). The deadline to complete the expert deposition described in the Motion is EXTENDED to 6/20/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/7/2024. Text Only Entry(stvlc4, ) (Entered: 06/07/2024)

Order on Motion to Amend/Correct/Modify

Unopposed MOTION for Leave to File Excess Pages by Plaintiff Darren Patterson Christian Academy. (Reed, Jacob) (Entered: 06/17/2024)

Order on Motion for Leave to File Excess Pages

ORDER granting 75 Motion for Leave to File Excess Pages. Plaintiff may file a motion for summary judgment that does not exceed 6,500 words. SO ORDERED by Judge Daniel D. Domenico on 6/17/2024. Text Only Entry (dddlc9, ) (Entered: 06/17/2024)

First MOTION for Partial Summary Judgment by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit 6 - 23-24 UPK Agreement, # 2 Exhibit 1063 - 24-25 UPK Agreement, # 3 Exhibit 1064 - Cooke Deposition, # 4 Exhibit 1065- Odean Deposition, # 5 Exhibit 1066 - Derocher Deposition, # 6 Exhibit 1067 - Roy Deposition, # 7 Exhibit 1068 - Odean Testimony, # 8 Exhibit 1069 - School Calendar, # 9 Exhibit 1070 - Hrg. Transcript Drexler Testimony, # 10 Exhibit 1071 - 24-25 Provider Handbook, # 11 Exhibit 1072 - Kane Order)(Tancher, Brianna) (Entered: 06/21/2024)

1 Exhibit 6 - 23-24 UPK Agreement

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2 Exhibit 1063 - 24-25 UPK Agreement

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3 Exhibit 1064 - Cooke Deposition

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4 Exhibit 1065- Odean Deposition

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5 Exhibit 1066 - Derocher Deposition

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6 Exhibit 1067 - Roy Deposition

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7 Exhibit 1068 - Odean Testimony

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8 Exhibit 1069 - School Calendar

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9 Exhibit 1070 - Hrg. Transcript Drexler Testimony

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10 Exhibit 1071 - 24-25 Provider Handbook

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11 Exhibit 1072 - Kane Order

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MOTION for Summary Judgment by Plaintiff Darren Patterson Christian Academy. (Attachments: # 1 Declaration of Jeremiah Galus, # 2 Exhibit 4 - Parent-Student Agreement, # 3 Exhibit 5 - DPCA Employee Handbook Excerpts, # 4 Exhibit 6 - UPK Program Service Agreement (2023-24), # 5 Exhibit 8 - Religious Coalition Letter to Governor Polis, # 6 Exhibit 10 - DPCA Request for Religious Exemption, # 7 Exhibit 12 - Declaration of Joshua Drexler, # 8 Exhibit 13 - Supplemental Declaration of Joshua Drexler, # 9 Exhibit 16 - UPK Fact Sheet, # 10 Exhibit 17 - Standard Operating Procedure for UPK Investigations, Disputes, and Enforcement, # 11 Exhibit 19 - Addendum to Adams County Head Start Agreement, # 12 Exhibit 20 - Universal Preschool Program Rules & Regulations, # 13 Exhibit 21 - UPK Complaint Report dated June 12, 2023, # 14 Exhibit 22 - UPK Complaint Report dated April 10, 2023, # 15 Exhibit 24 - Defs' Supplemental Responses to Pl's Interrogatories, # 16 Exhibit 26 - Declaration of Dawn Odean, # 17 Exhibit 62 - UPK Program Service Agreement (2024-25), # 18 Exhibit 63 - CDEC Approved Decline Process, # 19 Exhibit 64 - Emails re Religious Instruction, # 20 Exhibit 65 - CDEC-Derocher Deposition, # 21 Exhibit 66 - CDEC-Odean Deposition, # 22 Exhibit 67 - CDEC-Odean Deposition AEO, # 23 Exhibit 68 - Cooke Deposition, # 24 Exhibit 69 - Roy Deposition, # 25 Exhibit 70 - Excerpts of CDEC-Odean St. Mary Deposition, # 26 Exhibit 71 - Excerpts of St. Mary Trial Transcript, # 27 Exhibit 72 - DPCA Deposition, # 28 Exhibit 73 - Lubbers Deposition, # 29 Exhibit 74 - Joint Declaration of Jason & Sarah Tippetts, # 30 Exhibit 75 - Joint Declaration of Jordan & Carrie Euler, # 31 Exhibit 76 - Expert Rebuttal Report of Dr. Stephen B. Levine, # 32 Exhibit 77 - List of UPK Providers Near Buena Vista)(Galus, Jeremiah) (Entered: 06/21/2024)

1 Declaration of Jeremiah Galus

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2 Exhibit 4 - Parent-Student Agreement

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3 Exhibit 5 - DPCA Employee Handbook Excerpts

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4 Exhibit 6 - UPK Program Service Agreement (2023-24)

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5 Exhibit 8 - Religious Coalition Letter to Governor Polis

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6 Exhibit 10 - DPCA Request for Religious Exemption

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7 Exhibit 12 - Declaration of Joshua Drexler

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8 Exhibit 13 - Supplemental Declaration of Joshua Drexler

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9 Exhibit 16 - UPK Fact Sheet

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10 Exhibit 17 - Standard Operating Procedure for UPK Investigations, Disputes, and

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11 Exhibit 19 - Addendum to Adams County Head Start Agreement

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12 Exhibit 20 - Universal Preschool Program Rules & Regulations

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13 Exhibit 21 - UPK Complaint Report dated June 12, 2023

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14 Exhibit 22 - UPK Complaint Report dated April 10, 2023

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15 Exhibit 24 - Defs' Supplemental Responses to Pl's Interrogatories

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16 Exhibit 26 - Declaration of Dawn Odean

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17 Exhibit 62 - UPK Program Service Agreement (2024-25)

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18 Exhibit 63 - CDEC Approved Decline Process

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19 Exhibit 64 - Emails re Religious Instruction

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20 Exhibit 65 - CDEC-Derocher Deposition

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21 Exhibit 66 - CDEC-Odean Deposition

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22 Exhibit 67 - CDEC-Odean Deposition AEO

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23 Exhibit 68 - Cooke Deposition

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24 Exhibit 69 - Roy Deposition

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25 Exhibit 70 - Excerpts of CDEC-Odean St. Mary Deposition

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26 Exhibit 71 - Excerpts of St. Mary Trial Transcript

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27 Exhibit 72 - DPCA Deposition

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28 Exhibit 73 - Lubbers Deposition

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29 Exhibit 74 - Joint Declaration of Jason & Sarah Tippetts

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30 Exhibit 75 - Joint Declaration of Jordan & Carrie Euler

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31 Exhibit 76 - Expert Rebuttal Report of Dr. Stephen B. Levine

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32 Exhibit 77 - List of UPK Providers Near Buena Vista

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Unopposed MOTION for Leave to File Excess Pages by Defendants Dawn Odean, Lisa Roy. (Carreno, Virginia) (Entered: 06/25/2024)

Order on Motion for Leave to File Excess Pages

ORDER granting 79 Motion for Leave to File Excess Pages. Defendants may file a response to Plaintiff's motion for summary judgement that does not exceed 6,500 words. SO ORDERED by Judge Daniel D. Domenico on 6/25/2024. Text Only Entry(dddlc9, ) (Entered: 06/25/2024)

First MOTION for Extension of Time to File Response/Reply as to 77 First MOTION for Partial Summary Judgment, 78 MOTION for Summary Judgment by Defendants Dawn Odean, Lisa Roy. (Fischer, Janna) (Entered: 06/28/2024)

ORDER granting 81 Motion for Extension of Time. The parties may file briefs responding to the pending summary judgment motions on or before July 26, 2024. SO ORDERED by Judge Daniel D. Domenico on 7/1/2024. Text Only Entry (dddlc9, ) (Entered: 07/01/2024)

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

MOTION to Strike or in the alternative narrow the use at trial of Dr. Stephen Levine's Expert Disclosure by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit 37 - Dr. Tishelman Expert Report, # 2 Exhibit 1073 - Dr. Tishelman Reply Report, # 3 Exhibit 1074 - Dr. Levine Draft Deposition Transcript Excerpts)(Whitehair, James) (Entered: 07/01/2024)

First MOTION to Amend/Correct/Modify 61 Scheduling Order, Set Scheduling Order Deadlines Contested Motion to Amend Joint Amended Scheduling Order by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit 1073 - Dr. Tishelman Reply Report)(Whitehair, James) (Entered: 07/01/2024)