Case: Denver Public Schools v. Noem

United States Department of Homeland Security

COMPLAINT For Declaratory and Injunctive Relief against All Defendants (Filing fee $ 405,Receipt Number ACODC-10149396)Attorney Emily Lauren Wasserman added to party Denver Public Schools(pty:pla), filed by Denver Public Schools. (Attachments: # 1 Exhibit 1-2021 Memo, # 2 Exhibit 2-Fox News Article, # 3 Exhibit 3-Jan 21 Press Release, # 4 Exhibit 4-1993 Memo, # 5 Exhibit 5-2007 Memo, # 6 Exhibit 6-2008 Memo, # 7 Exhibit 7-2011 Memo, # 8 Exhibit 8-ICE Fact Sheet, # 9 Exhibit 9-Ice Report, # 10 Exhibit 10-Vitello Memo, # 11 Exhibit 11-Huffman Memo, # 12 Exhibit 12-Vitello Jan 31 Memo, # 13 Exhibit 13-DPS Annual District Report, # 14 Exhibit 14-Denver Post Article, # 15 Civil Cover Sheet, # 16 Summons Kristi Noem, # 17 Summons Homeland Security, # 18 Summons US Attorney Colorado, # 19 Summons US Attorney General)(Wasserman, Emily) (Entered: 02/12/2025)

1 Exhibit 1-2021 Memo

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2 Exhibit 2-Fox News Article

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3 Exhibit 3-Jan 21 Press Release

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4 Exhibit 4-1993 Memo

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5 Exhibit 5-2007 Memo

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6 Exhibit 6-2008 Memo

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7 Exhibit 7-2011 Memo

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8 Exhibit 8-ICE Fact Sheet

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9 Exhibit 9-Ice Report

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10 Exhibit 10-Vitello Memo

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11 Exhibit 11-Huffman Memo

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12 Exhibit 12-Vitello Jan 31 Memo

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13 Exhibit 13-DPS Annual District Report

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14 Exhibit 14-Denver Post Article

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15 Civil Cover Sheet

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16 Summons Kristi Noem

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17 Summons Homeland Security

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18 Summons US Attorney Colorado

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19 Summons US Attorney General

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Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Plaintiff Denver Public Schools. (Attachments: # 1 Exhibit 15-Marrero Declaration, # 2 Exhibit 16-Estrada Declaration, # 3 Exhibit 17-Sylvester Declaration, # 4 Exhibit 18-Morrow Declaration, # 5 Exhibit 19-Shaler Declaration, # 6 Proposed Order (PDF Only))(Wasserman, Emily) (Entered: 02/12/2025)

1 Exhibit 15-Marrero Declaration

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2 Exhibit 16-Estrada Declaration

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3 Exhibit 17-Sylvester Declaration

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4 Exhibit 18-Morrow Declaration

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5 Exhibit 19-Shaler Declaration

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6 Proposed Order (PDF Only)

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MOTION for Leave to File Excess Pages for Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Denver Public Schools. (Wasserman, Emily) (Entered: 02/12/2025)

CERTIFICATE OF COMPLIANCE Local Rule 65.1 Certification of Counsel re 2 Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Plaintiff Denver Public Schools. (Wasserman, Emily) (Entered: 02/12/2025)

NOTICE re 2 Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction re Information for Temporary Restraining Order by Plaintiff Denver Public Schools (Wasserman, Emily) (Entered: 02/12/2025)

ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. 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 2/13/2025. Text Only Entry. (rkeec)

NOTICE of Entry of Appearance by Tess Hand-Bender on behalf of Denver Public SchoolsAttorney Tess Hand-Bender added to party Denver Public Schools(pty:pla) (Hand-Bender, Tess)

NOTICE of Entry of Appearance by Claire Eleanor Mueller on behalf of Denver Public SchoolsAttorney Claire Eleanor Mueller added to party Denver Public Schools(pty:pla) (Mueller, Claire)

ORDER re: [2] Plaintiff's Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction filed by Denver Public Schools.The plaintiff must, as soon as possible but no later than 05:00 PM on 2/14/2025, serve each defendant with (1) a summons; (2) a copy of the complaint, Dkt. [1], and all exhibits thereto; (3) a copy of the motion, Dkt. [2], and all exhibits thereto; and (4) a copy of this Order in accordance with the requirements of Federal Rule of Civil Procedure 4, and must promptly file proof of such service in accordance with Federal Rule of Civil Procedure 4(l)(1).The defendants must respond to the motion by 2/21/2025, and the plaintiff may file a reply in support of the motion by 2/28/2025.The parties must submit all pertinent exhibits and direct witness testimony (by affidavit or declaration) as attachments to their briefs. After reviewing the defendants' responses and the plaintiff's reply, if any, the Court will determine whether to (a) set a preliminary-injunction hearing, (b) request supplemental briefing from the parties on specific legal or factual questions, or (c) decide the motion on the papers submitted. Live testimony at the preliminary-injunction hearing, if one is held, will be limited to cross-examination and redirect examination. SO ORDERED by Judge Daniel D. Domenico on 2/13/2025. Text Only Entry (dddlc10)

Case assigned to Judge Robert E. Blackburn. Text Only Entry. (agryan)

SUMMONS issued by Clerk. (Attachments: # (1) Summons, # (2) Summons, # (3) Summons, # (4) Magistrate Judge Consent Form) (agryan)

1 Summons

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2 Summons

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3 Summons

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4 Magistrate Judge Consent Form

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ORDER DIRECTING REASSIGNMENT by Judge Robert E. Blackburn on 2/13/2025. Case randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings. Judge Robert E. Blackburn no longer assigned to case. (norlin, )

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, )

Order Referring Case to Magistrate Judge

Order

SUMMONS Returned Executed by Denver Public Schools. Kristi Noem served on 2/14/2025, answer due 3/7/2025. (Wasserman, Emily)

SUMMONS Returned Executed by Denver Public Schools. Department of Homeland Security served on 2/14/2025, answer due 3/7/2025. (Wasserman, Emily)

AFFIDAVIT re [13] Order,,,,, of Service - US Attorney General - US Department of Justice by Plaintiff Denver Public Schools. (Attachments: # (1) Affidavit of Service - US Attorneys Office for the District of Colorado)(Wasserman, Emily)

1 Affidavit of Service - US Attorneys Office for the District of Colorado

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NOTICE of Entry of Appearance by Kevin Thomas Traskos on behalf of All Defendants Attorney Kevin Thomas Traskos added to party Kristi Noem(pty:dft), Attorney Kevin Thomas Traskos added to party Department of Homeland Security(pty:dft) (Traskos, Kevin)

NOTICE of Entry of Appearance by Thomas Alan Isler on behalf of Kristi Noem, Department of Homeland SecurityAttorney Thomas Alan Isler added to party Kristi Noem(pty:dft), Attorney Thomas Alan Isler added to party Department of Homeland Security(pty:dft) (Isler, Thomas)

NOTICE of Entry of Appearance by Nicholas Albert Deuschle on behalf of Kristi Noem, Department of Homeland SecurityAttorney Nicholas Albert Deuschle added to party Kristi Noem(pty:dft), Attorney Nicholas Albert Deuschle added to party Department of Homeland Security(pty:dft) (Deuschle, Nicholas)

Unopposed MOTION for Leave to Exceed Word Limitation for Response to [2] Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction by Defendants Kristi Noem, Department of Homeland Security. (Isler, Thomas)

ORDER granting 20 Unopposed Motion for Leave to Exceed Word Limitation for Response to 2 Emergency Motion for Temporary Restraining Order ad Motion for Preliminary Injunction. Defendants' Response must include no more than 13,000 words. SO ORDERED by Judge Daniel D. Domenico on 2/19/2025. Text Only Entry (dddlc10) (Entered: 02/19/2025)

ORDER granting 3 Motion for Leave to File Excess Pages for 2 Motion for Temporary Restraining Order and Preliminary Injunction. SO ORDERED by Judge Daniel D. Domenico on 2/19/2025. Text Only Entry (dddlc10) (Entered: 02/19/2025)

NOTICE of Entry of Appearance by Katherine Ann Ross on behalf of Kristi Noem, Department of Homeland SecurityAttorney Katherine Ann Ross added to party Kristi Noem(pty:dft), Attorney Katherine Ann Ross added to party Department of Homeland Security(pty:dft) (Ross, Katherine) (Entered: 02/19/2025)

Order on Motion for Leave to File Excess Pages

Order on Motion for Leave

RESPONSE to 2 Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Defendants Kristi Noem, Department of Homeland Security. (Traskos, Kevin) (Entered: 02/21/2025)

MINUTE ORDER re: 2 Plaintiff's Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction filed by Denver Public Schools. After review of the plaintiff's motion and the defendants' response, it does not appear that a hearing on the motion will be necessary. Pursuant to 13 Order, the plaintiff must submit any rebuttal exhibits or testimony (by affidavit or declaration) it wishes the Court to consider as attachments to its reply brief. SO ORDERED by Judge Daniel D. Domenico on 2/24/2025. Text Only Entry (dddlc1, ) (Entered: 02/24/2025)

Minute Order

Unopposed MOTION for Leave to Exceed Word Limitation by Plaintiff Denver Public Schools. (Wasserman, Emily) (Entered: 02/25/2025)

ORDER granting in part Plaintiff's 26 Unopposed Motion to Exceed Word Limitation. Plaintiff may file a Reply with up to 4700 words. SO ORDERED by Judge Daniel D. Domenico on 2/25/2025. Text Only Entry (dddlc10) (Entered: 02/25/2025)

Order on Motion for Leave

NOTICE of Entry of Appearance by Nicholas Moskevich on behalf of Denver Public SchoolsAttorney Nicholas Moskevich added to party Denver Public Schools(pty:pla) (Moskevich, Nicholas) (Entered: 02/27/2025)

NOTICE of Entry of Appearance by Brooke M. Rogers on behalf of Denver Public SchoolsAttorney Brooke M. Rogers added to party Denver Public Schools(pty:pla) (Rogers, Brooke) (Entered: 02/27/2025)

NOTICE of Entry of Appearance by Stephen A. Snow on behalf of Denver Public SchoolsAttorney Stephen A. Snow added to party Denver Public Schools(pty:pla) (Snow, Stephen) (Entered: 02/27/2025)

REPLY to Response to 2 Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Plaintiff Denver Public Schools. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21 - Shaler Declaration, # 3 Exhibit 22 - M. Meyer Declaration, # 4 Exhibit 23 - R. Rosenberg Declaration, # 5 Exhibit 24 - DHS Announces Ad Campaign Warning, # 6 Exhibit 25 - Federal Immigration Enforcement, # 7 Exhibit 26 - Yearling Meeting Transcript)(Wasserman, Emily) (Entered: 02/28/2025)

1 Exhibit 20

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2 Exhibit 21 - Shaler Declaration

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3 Exhibit 22 - M. Meyer Declaration

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4 Exhibit 23 - R. Rosenberg Declaration

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5 Exhibit 24 - DHS Announces Ad Campaign Warning

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6 Exhibit 25 - Federal Immigration Enforcement

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7 Exhibit 26 - Yearling Meeting Transcript

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Unopposed MOTION to File Amicus Brief Motion to Appear as Amicus Curiae by Amicus Council of the Great City Schools. (Attachments: # 1 Council of the Great City Schools Amicus Curiae Brief in Support of Plaintiffs Motion for Preliminary Injunctive Relief)(McHugh, Caitlin) (Entered: 02/28/2025)

1 Council of the Great City Schools Amicus Curiae Brief in Support of Plaintiffs

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ORDER re: 2 Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Plaintiff Denver Public Schools.A Hearing is SET for March 7, 2025 at 2 PM. Each party will have 30 minutes of oral argument. No additional evidence or argument will be taken. Counsel should be prepared to answer questions from the Court during their arguments. SO ORDERED by Judge Daniel D. Domenico on 3/3/2025. Text Only Entry (dddlc10) (Entered: 03/03/2025)

ORDER granting 32 Council of the Great City Schools' Unopposed Motion to File Amicus Curiae Brief. The Court accepts the Amicus Curiae Brief in Support of Plaintiff's 2 Motion for Preliminary Injunctive Relief but will not hear oral argument from Council of the Great City Schools. SO ORDERED by Judge Daniel D. Domenico on 3/3/2025. Text Only Entry (dddlc10) (Entered: 03/03/2025)

Utility Setting Hearing: Motion Hearing re 2 Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction set for 3/7/2025 at 02:00 PM in Courtroom A1002 before Judge Daniel D. Domenico pursuant to Doc. 33. Text Only Entry (dddlc1, ) (Entered: 03/05/2025)

Order

Order on Motion to File Amicus Brief

NOTICE of Entry of Appearance by Hannah McCrory on behalf of Denver Public SchoolsAttorney Hannah McCrory added to party Denver Public Schools(pty:pla) (McCrory, Hannah) (Entered: 03/06/2025)

MINUTE ENTRY for Motion Hearing held on 3/7/2025 held before Judge Daniel D. Domenico. Denying Plaintiff's 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Court Reporter: Kevin Carlin. (hguer) (Entered: 03/07/2025)

MINTUE ORDER by Magistrate Judge Kathryn A. Starnella on 14 March 2025. IT IS HEREBY ORDERED that a Status Conference is SET for April 30, 2025, at 10:30 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado 80294. (cmadr, ) (Entered: 03/14/2025)

TRANSCRIPT of TRO Hearing held on 03/07/2025 before Judge Domenico. Pages: 1-58. 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. (kcarl, ) (Entered: 03/14/2025)

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,, and to Consolidate Deadlines to Respond to Complaint by Defendants Kristi Noem, Department of Homeland Security. (Deuschle, Nicholas) (Entered: 03/14/2025)

ORDER granting 40 Defendants' Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Defendants must file their Response to Plaintiff's FOIA claim on or before April 15, 2025. SO ORDERED by Judge Daniel D. Domenico on 3/15/2025. Text Only Entry (dddlc10) (Entered: 03/15/2025)

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

MOTION to Withdraw as Attorney Kevin Traskos by Defendants Kristi Noem, Department of Homeland Security. (Traskos, Kevin) (Entered: 03/31/2025)

ORDER GRANTING 42 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Kevin Traskos as counsel of record, and to remove this name from the electronic certificate of mailing. Defendants Kristi Noem and the Department of Homeland Security will continue to be represented by attorneys Nicholas A Deuschle, Thomas A. Isler, and Katherine A. Ross. SO ORDERED by Judge Daniel D. Domenico on 4/1/2025. Text Only Entry (dddlc10) (Entered: 04/01/2025)

Order on Motion to Withdraw as Attorney

NOTICE of Filing Amended Pleading by Plaintiff Denver Public Schools (Attachments: # 1 Exhibit 1-Amended Complaint, # 2 Exhibit 2-Redline)(Wasserman, Emily) (Entered: 04/15/2025)

1 Exhibit 1-Amended Complaint

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2 Exhibit 2-Redline

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MINUTE ORDER re: 44 Notice of Filing Amended Pleading filed by Denver Public Schools. The plaintiff is directed to file Doc. 44-1 as a separate document. SO ORDERED by Judge Daniel D. Domenico on 4/16/2025. Text Only Entry (dddlc1, ) (Entered: 04/16/2025)

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Denver Public Schools, filed by Denver Public Schools.(Wasserman, Emily) (Entered: 04/16/2025)

Minute Order

MOTION to Vacate 38 Order, to the Extent It Requires the Parties to Submit the Joint Case Management Plan Pending Resolution of Jurisdictional Challenges by Defendants Kristi Noem, Department of Homeland Security. (Isler, Thomas) (Entered: 04/21/2025)

ORDER REFERRING MOTION: 47 MOTION to Vacate 38 Order, to the Extent It Requires the Parties to Submit the Joint Case Management Plan Pending Resolution of Jurisdictional Challenges filed by Kristi Noem, Department of Homeland Security. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge Daniel D. Domenico on 4/21/2025. Text Only Entry (dddlc10) (Entered: 04/21/2025)

Order Referring Motion

MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 22 April 2025. IT IS HEREBY ORDERED that the Motion to Vacate the Joint Case Management Plan Deadline 47 is GRANTED to the extent that the April 23, 2025 deadline to file a Joint Case Management Plan is VACATED. In addition, the Court finds it most efficient to continue the Status Conference until after Defendants answer or other response to the Amended Complaint is due. Accordingly, IT IS FURTHER ORDERED that the Status Conference set for April 30, 2025, at 10:30 a.m. is VACATED and RESET to May 28, 2025, at 1:00 p.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado.(cmadr, ) (Entered: 04/22/2025)

Joint MOTION for Leave to Exceed Word Limitation for Anticipated Motion to Dismiss and Related Response by Defendants Kristi Noem, Department of Homeland Security. (Isler, Thomas) (Entered: 04/24/2025)

ORDER granting 50 Joint Motion to Exceed Word Limitation. The parties are granted no more than 5,000 words for both the anticipated Motion to Dismiss and Response. SO ORDERED by Judge Daniel D. Domenico on 4/25/2025. Text Only Entry (dddlc10) (Entered: 04/25/2025)

Order on Motion for Leave

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Defendants Kristi Noem, Department of Homeland Security. (Isler, Thomas) (Entered: 04/29/2025)

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Plaintiff Denver Public Schools. (Mueller, Claire) (Entered: 05/08/2025)

ORDER granting Plaintiff's 53 Unopposed Motion for Extension of Time to Respond to Defendants' 52 Motion to Dismiss. Plaintiff must file its Response on or before June 10, 2025. SO ORDERED by Judge Daniel D. Domenico on 5/9/2025. Text Only Entry (dddlc10) (Entered: 05/09/2025)

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

Joint MOTION to Vacate 49 Order on Motion to Vacate,, Status Conference by Plaintiff Denver Public Schools. (Mueller, Claire) (Entered: 05/23/2025)

ORDER REFERRING MOTION: 55 Joint MOTION to Vacate 49 Order on Motion to Vacate, Status Conference filed by Denver Public Schools. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge Daniel D. Domenico on 5/23/2025. Text Only Entry (dddlc10) (Entered: 05/23/2025)

Order Referring Motion

MINUTE ORDER, by Magistrate Judge Kathryn A. Starnella on 5/23/2025. The Motion [# 55 ] is GRANTED. The Status Conference set for May 28, 2025, at 1:00 p.m. is VACATED. However, to the extent either or both parties seek a formal stay of discovery in this case pending resolution of Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) [# 52 ], a motion to stay shall be promptly filed.(angar, ) (Entered: 05/27/2025)

STIPULATION of Dismissal (Joint) by Plaintiff Denver Public Schools. (Hand-Bender, Tess) (Entered: 06/09/2025)

Civil Case Terminated pursuant to EC 58 on 9 June 2025. Text Only Entry (cmadr, ) (Entered: 06/09/2025)