Case: St. Mary Catholic Parish in Littleton v. Roy

COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-9248227)Attorney Eric Christopher Rassbach added to party St. Bernadette Catholic Parish in Lakewood(pty:pla), Attorney Eric Christopher Rassbach added to party St. Mary Catholic Parish in Littleton(pty:pla), Attorney Eric Christopher Rassbach added to party the Archdiocese of Denver(pty:pla), filed by St. Mary Catholic Parish in Littleton, the Archdiocese of Denver, St. Bernadette Catholic Parish in Lakewood. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet)(Rassbach, Eric) (Entered: 08/16/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Civil Cover Sheet

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SUMMONS REQUEST as to Lisa Roy by Plaintiffs St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton, the Archdiocese of Denver. (Rassbach, Eric) (Entered: 08/16/2023)

SUMMONS REQUEST as to Dawn Odean by Plaintiffs St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton, the Archdiocese of Denver. (Rassbach, Eric) (Entered: 08/16/2023)

Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (efoga, ) (Entered: 08/16/2023)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (efoga, ) (Entered: 08/16/2023)

1 Summons

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2 Magistrate Judge Consent Form

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CORPORATE DISCLOSURE STATEMENT. (Rassbach, Eric) (Entered: 08/16/2023)

CORPORATE DISCLOSURE STATEMENT. (Rassbach, Eric) (Entered: 08/16/2023)

CORPORATE DISCLOSURE STATEMENT. (Rassbach, Eric) (Entered: 08/16/2023)

NOTICE OF CASE ASSOCIATION by Eric Christopher Rassbach on behalf of All Plaintiffs (Rassbach, Eric) (Entered: 08/16/2023)

NOTICE of Entry of Appearance by Eric Christopher Rassbach on behalf of All Plaintiffs (Rassbach, Eric) (Entered: 08/16/2023)

NOTICE of Entry of Appearance by Nicholas R. Reaves on behalf of All Plaintiffs Attorney Nicholas R. Reaves added to party Archdiocese of Denver, The(pty:pla), Attorney Nicholas R. Reaves added to party St. Bernadette Catholic Parish in Lakewood(pty:pla), Attorney Nicholas R. Reaves added to party St. Mary Catholic Parish in Littleton(pty:pla) (Reaves, Nicholas) (Entered: 08/16/2023)

NOTICE of Entry of Appearance by Joseph Charles Davis on behalf of All Plaintiffs Attorney Joseph Charles Davis added to party Archdiocese of Denver, The(pty:pla), Attorney Joseph Charles Davis added to party St. Bernadette Catholic Parish in Lakewood(pty:pla), Attorney Joseph Charles Davis added to party St. Mary Catholic Parish in Littleton(pty:pla) (Davis, Joseph) (Entered: 08/16/2023)

NOTICE of Entry of Appearance by Mark Leonard Rienzi on behalf of All Plaintiffs Attorney Mark Leonard Rienzi added to party Archdiocese of Denver, The(pty:pla), Attorney Mark Leonard Rienzi added to party St. Bernadette Catholic Parish in Lakewood(pty:pla), Attorney Mark Leonard Rienzi added to party St. Mary Catholic Parish in Littleton(pty:pla) (Rienzi, Mark) (Entered: 08/16/2023)

MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-02079-STV. (athom, ) (Entered: 08/16/2023)

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) (Entered: 08/16/2023)

SUMMONS Returned Executed by All Plaintiffs. Lisa Roy served on 8/16/2023, answer due 9/6/2023. (Rassbach, Eric) (Entered: 08/17/2023)

SUMMONS Returned Executed by All Plaintiffs. Dawn Odean served on 8/16/2023, answer due 9/6/2023. (Rassbach, Eric) (Entered: 08/17/2023)

ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE. Consent Form due by 9/20/2023. Scheduling Conference set for 10/4/2023 at 11:15 AM before Magistrate Judge Scott T. Varholak in Courtroom A402 of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. At least 21 days in advance of the scheduling conference, the parties shall meet and attempt to agree upon a scheduling order pursuant to Fed. R. Civ. P. 26(f). Proposed Scheduling Order due by 9/27/2023 . Please see attached Order for additional information. By Magistrate Judge Scott T. Varholak on 8/17/2023. (trvo, ) (Entered: 08/17/2023)

WAIVER OF SERVICE Returned Executed by St. Mary Catholic Parish in Littleton, Archdiocese of Denver, The, St. Bernadette Catholic Parish in Lakewood. Lisa Roy waiver sent on 8/16/2023, answer due 10/16/2023. (Rassbach, Eric) (Entered: 08/18/2023)

WAIVER OF SERVICE Returned Executed by St. Mary Catholic Parish in Littleton, Archdiocese of Denver, The, St. Bernadette Catholic Parish in Lakewood. Dawn Odean waiver sent on 8/16/2023, answer due 10/16/2023. (Rassbach, Eric) (Entered: 08/18/2023)

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Archdiocese of Denver, The, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton All parties do not consent.. (Rassbach, Eric) (Entered: 08/22/2023)

CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge John L. Kane and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-02079-JLK. (Text Only Entry) (trvo, ) (Entered: 08/23/2023)

NOTICE of Entry of Appearance of Nicole S. Rust by Nicole Siobhan Rust on behalf of Dawn Odean, Lisa RoyAttorney Nicole Siobhan Rust added to party Dawn Odean(pty:dft), Attorney Nicole Siobhan Rust added to party Lisa Roy(pty:dft) (Rust, Nicole) (Entered: 08/25/2023)

NOTICE of Entry of Appearance of Grant T. Sullivan by Grant T. Sullivan on behalf of Dawn Odean, Lisa RoyAttorney Grant T. Sullivan added to party Dawn Odean(pty:dft), Attorney Grant T. Sullivan added to party Lisa Roy(pty:dft) (Sullivan, Grant) (Entered: 08/25/2023)

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: 08/25/2023)

RESPONSE to 9 Notice of Case Association by Defendants Dawn Odean, Lisa Roy. (Lorch, Ryan) (Entered: 08/25/2023)

REPLY to 26 Response, 9 Notice of Case Association by Plaintiffs Archdiocese of Denver, The, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 08/25/2023)

MINUTE ORDER. On August 16, 2023, Plaintiffs filed a Notice of Related Case 9 . When the case was reassigned to me on August 23, 2022, I followed the procedure set out in D.C.COLO.LCivR 3.2(d). Based on the requisite conferral and the present filings in the implicated cases, it was determined that the facts and claims of the two cases are not sufficiently related to warrant special assignment or transfer. Ordered by Judge John L. Kane on 8/28/2023. Text Only Entry (jlksec) (Entered: 08/28/2023)

Minute Order

MINUTE ORDER Pursuant to the reassignment of this matter to Judge Kane [See # 22 ], the scheduling conference and associated deadlines set at 18 Order are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/29/2023. Text Only Entry (stvlc4, ) (Entered: 08/29/2023)

Minute Order

AMENDED COMPLAINT against Dawn Odean, Lisa Roy Attorney Eric Christopher Rassbach added to party Daniel Sheley(pty:pla), Attorney Eric Christopher Rassbach added to party Lisa Sheley(pty:pla), filed by St. Mary Catholic Parish in Littleton, Archdiocese of Denver, The, St. Bernadette Catholic Parish in Lakewood, Daniel Sheley, Lisa Sheley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Rassbach, Eric) (Entered: 09/13/2023)

1 Exhibit A

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6 Exhibit F

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7 Exhibit G

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9 Exhibit I

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11 Exhibit K

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12 Exhibit L

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NOTICE of Filing Amended Pleading re 30 Amended Complaint,, by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton (Attachments: # 1 Exhibit A)(Rassbach, Eric) (Entered: 09/13/2023)

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MOTION for Preliminary Injunction by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (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 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Rassbach, Eric) (Entered: 09/13/2023)

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MINUTE ORDER. The Court has reviewed the Amended Complaint and Plaintiffs' Motion for Preliminary Injunction. The parties' proposed briefing schedule for the Motion is acceptable to the Court, but additional case management matters must be discussed promptly. This case is set for a Status Conference at 10:30 a.m. on Thursday, September 21, 2023, before Judge John L. Kane in Courtroom A802 on the 8th Floor of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. Attorneys with decision-making authority must be present at the Status Conference and should be prepared to discuss the timing of the preliminary injunction hearing, any need for discovery, and the procedure to be followed for final resolution of the case. Ordered by Judge John L. Kane on 9/14/2023. Text Only Entry (jlksec) (Entered: 09/14/2023)

Minute Order

NOTICE of Entry of Appearance of Virginia R. Carreno by Virginia R. Carreno on behalf of Dawn Odean, Lisa RoyAttorney Virginia R. Carreno added to party Dawn Odean(pty:dft), Attorney Virginia R. Carreno added to party Lisa Roy(pty:dft) (Carreno, Virginia) (Entered: 09/20/2023)

MINUTE ENTRY for Status Conference proceedings held before Judge John L. Kane on 9/21/2023. Court Reporter: Kevin Carlin. (babia) (Entered: 09/21/2023)

ORDER Re: Initial Discovery. A hearing is set for December 19, 20, and 21, 2023, beginning at 9:00 a.m. each day, at which I will hear either Plaintiffs' pending Motion for Preliminary Injunction or will conduct a bench trial on Plaintiffs' claims. The parties are DIRECTED to file, on or before November 16, a status report. ORDERED by Judge John L. Kane on 9/21/2023. (angar, ) (Entered: 09/21/2023)

TRANSCRIPT of Status Conference held on 09/21/2023 before Judge Kane. Pages: 1-25. 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: 09/29/2023)

MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit Declaration of Dawn Odean, # 2 Exhibit Declaration of Jesse Burne, # 3 Exhibit Attachment 1 to Declaration of Jesse Burne, # 4 Exhibit Attachment 2 to Declaration of Jesse Burne, # 5 Exhibit Declaration of Elsa Holguin, # 6 Exhibit Attachment 1 to Declaration of Elsa Holguin, # 7 Exhibit Attachment 2 to Declaration of Elsa Holguin)(Sullivan, Grant) (Entered: 10/06/2023)

1 Exhibit Declaration of Dawn Odean

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2 Exhibit Declaration of Jesse Burne

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3 Exhibit Attachment 1 to Declaration of Jesse Burne

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4 Exhibit Attachment 2 to Declaration of Jesse Burne

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5 Exhibit Declaration of Elsa Holguin

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6 Exhibit Attachment 1 to Declaration of Elsa Holguin

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7 Exhibit Attachment 2 to Declaration of Elsa Holguin

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MOTION to Stay Discovery Pending a Ruling on the Motion to Dismiss by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit Plaintiffs' First Discovery Requests, # 2 Exhibit Declaration of Amanda Brubaker dated 10.10.23, # 3 Exhibit Declaration of Dawn Odean dated 10.10.23, # 4 Exhibit Declaration of Bonnie Smith dated 10.10.23)(Rust, Nicole) (Entered: 10/10/2023)

1 Exhibit Plaintiffs' First Discovery Requests

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2 Exhibit Declaration of Amanda Brubaker dated 10.10.23

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3 Exhibit Declaration of Dawn Odean dated 10.10.23

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4 Exhibit Declaration of Bonnie Smith dated 10.10.23

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NOTICE of Entry of Appearance by Amanda G. Dixon on behalf of All Plaintiffs Attorney Amanda G. Dixon added to party Archdiocese of Denver, The(pty:pla), Attorney Amanda G. Dixon added to party Daniel Sheley(pty:pla), Attorney Amanda G. Dixon added to party Lisa Sheley(pty:pla), Attorney Amanda G. Dixon added to party St. Bernadette Catholic Parish in Lakewood(pty:pla), Attorney Amanda G. Dixon added to party St. Mary Catholic Parish in Littleton(pty:pla) (Dixon, Amanda) (Entered: 10/19/2023)

MINUTE ORDER. Plaintiffs are DIRECTED to file a Response to Defendants' Motion to Stay Discovery Pending a Ruling on the Motion to Dismiss 39 on or before October 23, 2023. Any Reply in Support of Plaintiffs' Motion shall be filed by noon on October 25, 2023. ORDERED by Judge John L. Kane on 10/20/2023. Text Only Entry (angar, ) (Entered: 10/20/2023)

BRIEF in Opposition to 38 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint filed by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 10/20/2023)

Minute Order

BRIEF in Opposition to 39 MOTION to Stay Discovery Pending a Ruling on the Motion to Dismiss filed by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (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)(Rassbach, Eric) (Entered: 10/23/2023)

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NOTICE of Supplemental Authorities re: 42 Brief in Opposition to Motion, by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton (Attachments: # 1 Exhibit 1)(Rassbach, Eric) (Entered: 10/24/2023)

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REPLY to Response to 39 MOTION to Stay Discovery Pending a Ruling on the Motion to Dismiss filed by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit 1 - Notices of Depositions, # 2 Exhibit 2 - Darren Patterson Christian Academy v. Roy 23CV01557 Scheduling Order)(Carreno, Virginia) (Entered: 10/24/2023)

1 Exhibit 1 - Notices of Depositions

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2 Exhibit 2 - Darren Patterson Christian Academy v. Roy 23CV01557 Scheduling Order

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First MOTION for Protective Order by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Proposed Order (PDF Only) Proposed Protective Order (also emailed to Chambers))(Lorch, Ryan) (Entered: 10/27/2023)

1 Proposed Order (PDF Only) Proposed Protective Order (also emailed to Chambers)

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REPLY to Response to 38 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint filed by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Dawn Odean, # 2 Exhibit 2 - Supplemental Declaration of Jesse Burne)(Lorch, Ryan) (Entered: 10/27/2023)

1 Exhibit 1 - Supplemental Declaration of Dawn Odean

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2 Exhibit 2 - Supplemental Declaration of Jesse Burne

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ORDER Denying Defendants' Motion to Stay Discovery (ECF Np. 39 and Motion for Protective Order (ECF 46 ), by Judge John L. Kane on 10/30/2023.(angar, ) (Entered: 10/30/2023)

MOTION for Leave to File a Surreply in Opposition to Defendants' 38 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Attachments: # 1 Exhibit Proposed Surreply, # 2 Exhibit Supplemental Declaration of Elias Moo, # 3 Exhibit Supplemental Declaration of Nicholas Reaves, # 4 Exhibit Defendants' answers to Plaintiffs' First Set of Interrogatories)(Rassbach, Eric) (Entered: 11/01/2023)

1 Exhibit Proposed Surreply

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2 Exhibit Supplemental Declaration of Elias Moo

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3 Exhibit Supplemental Declaration of Nicholas Reaves

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4 Exhibit Defendants' answers to Plaintiffs' First Set of Interrogatorie

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ORDER granting 49 Plaintiffs' Motion for Leave to File a Surreply in Opposition to Defendants' Motion to Dismiss (ECF No. 38 ). Plaintiffs are directed to file the surreply and any exhibits as a new docket entry in CM/ECF on or before Tuesday, November 7, 2023. Ordered by Judge John L. Kane on 11/3/2023. Text Only Entry(jlksec) (Entered: 11/03/2023)

SURREPLY re 38 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint filed by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Attachments: # 1 Exhibit Supplemental Declaration of Elias Moo, # 2 Exhibit Supplemental Declaration of Nicholas Reaves, # 3 Exhibit Defendants' Answers to Plaintiffs' First Set of Interrogatories)(Rassbach, Eric) (Entered: 11/03/2023)

1 Exhibit Supplemental Declaration of Elias Moo

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2 Exhibit Supplemental Declaration of Nicholas Reaves

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3 Exhibit Defendants' Answers to Plaintiffs' First Set of Interrogatorie

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Order on Motion for Leave

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: 11/06/2023)

RESPONSE to 44 Notice of Supplemental Authorities, by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit Plaintiffs' Answers to Interrogatories, # 2 Exhibit Reuters Article)(Rust, Nicole) (Entered: 11/14/2023)

1 Exhibit Plaintiffs' Answers to Interrogatories

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2 Exhibit Reuters Article

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MOTION to Withdraw as Attorney by Ryan Lorch by Defendants Dawn Odean, Lisa Roy. (Lorch, Ryan) (Entered: 11/15/2023)

MINUTE ORDER granting 54 Motion to Withdraw as Counsel. Attorney Ryan K. Lorch is withdrawn and his NEFs terminated. The parties are advised that future Motions to Withdraw as Counsel need to state the reason for the withdrawal. Defendants continue to be represented by Attorneys Virginia Carreno, Niki Rust, Grant Sullivan, and J. Gregory Whitehair, by Judge John L. Kane on 11/16/2023. Text Only Entry(angar, ) (Entered: 11/16/2023)

STRICKEN Joint STATUS REPORT by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Attachments: # 1 Exhibit Declaration of Elias Moo, # 2 Exhibit Odean Deposition Transcript, # 3 Exhibit Roy Deposition Transcript)(Rassbach, Eric) Modified on 11/21/2023 to show as stricken pursuant to 59 Order (angar, ). (Entered: 11/16/2023)

1 Exhibit Declaration of Elias Moo

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2 Exhibit Odean Deposition Transcript

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3 Exhibit Roy Deposition Transcript

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NOTICE of Withdrawal of Defendants' Electronic Signature on Joint Status Report by Defendants Dawn Odean, Lisa Roy (Attachments: # 1 Exhibit Exhibit 1 Joint Status Report Draft)(Rust, Nicole) (Entered: 11/16/2023)

1 Exhibit Exhibit 1 Joint Status Report Draft

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RESPONSE to 57 Notice (Other) by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 11/16/2023)

Order on Motion to Withdraw as Attorney

MINUTE ORDER. The Court has reviewed the parties' Joint Status Report 56, the Notice of Withdrawal of Defendants' Electronic Signature on the Joint Status Report 57, and Plaintiffs' Response to that Notice 58 . The purpose of filing the Status Report jointly was for the parties to fully confer on each matter and to advise the Court of their agreements and remaining disputes. When a party's positions and arguments are not disclosed to another party in their entirety, the conferral and joint filing are inadequate and pointless. As a result, the Joint Status Report 56 is STRICKEN. The parties are directed to fully confer, keeping in mind their duties under Federal Rule of Civil Procedure 1, and to jointly file a Status Report addressing the previously specified topics on or before November 27, 2023. Ordered by Judge John L. Kane on 11/21/2023. Text Only Entry (jlksec) (Entered: 11/21/2023)

LETTER by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 11/21/2023)

MOTION for Summary Judgment or, in the Alternative, for a Preliminary Injunction by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (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 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Rassbach, Eric) (Entered: 11/21/2023)

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Minute Order

Joint STATUS REPORT by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Attachments: # 1 Exhibit Supplemental Declaration of Elias Moo)(Rassbach, Eric) (Entered: 11/27/2023)

1 Exhibit Supplemental Declaration of Elias Moo

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NOTICE of Entry of Appearance for Janna K. Fischer by Janna K. Fischer on behalf of Dawn Odean, Lisa RoyAttorney Janna K. Fischer added to party Dawn Odean(pty:dft), Attorney Janna K. Fischer added to party Lisa Roy(pty:dft) (Fischer, Janna) (Entered: 11/28/2023)

MOTION to Withdraw as Attorney by Grant Sullivan by Defendants Dawn Odean, Lisa Roy. (Sullivan, Grant) (Entered: 11/30/2023)

ORDER on the Parties' Joint Status Report (ECF NO. 62 ). The parties will complete fact discovery this week, expert discovery will be permitted as stated above, and a bench trial on the final merits will be held on January 2, 3, and 4, 2024, beginning at 9:30 a.m. each day. The previously scheduled setting for December 19, 20 and 21, 2023, is VACATED, and Plaintiffs' initial Motion for Preliminary Injunction (ECF No. 32 ) is DENIED AS MOOT. ORDERED by Judge John L. Kane on 11/30/2023.(angar, ) (Entered: 11/30/2023)

MINUTE ORDER granting 64 Motion to Withdraw as Counsel. Attorney Grant T. Sullivan is withdrawn and his NEFs terminated. Ordered by Judge John L. Kane on 11/30/2023. Text Only Entry(angar, ) (Entered: 12/01/2023)

Order on Motion to Withdraw as Attorney

MOTION for Extension of Time to Provide Expert Reports of Dr. Amy Tishelman and Dr. Abbie Goldberg, and Non-Retained Expert Disclosure by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Motion for Extension of Time to Provide Expert Reports...)(Rust, Nicole) (Entered: 12/04/2023)

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ORDER granting 67 Unopposed Motion for Extension of Time to Provide Expert Reports of Dr. Amy Tishelman and Dr. Abbie Goldberg and Non-retained Expert Disclosures. Defendants' expert reports of Dr. Amy Tishelman and Dr. Abbie Goldberg and non-retained expert disclosures are due on or before December 8, 2023. Plaintiffs' deadline for any objection to Defendants' expert disclosures is extended to December 14, 2023. Ordered by Judge John L. Kane on 12/5/2023. Text Only Entry(jlksec) (Entered: 12/05/2023)

Order on Motion for Extension of Time to File

NOTICE of Entry of Appearance by Jordan T. Varberg on behalf of All Plaintiffs Attorney Jordan T. Varberg added to party Archdiocese of Denver, The(pty:pla), Attorney Jordan T. Varberg added to party Daniel Sheley(pty:pla), Attorney Jordan T. Varberg added to party Lisa Sheley(pty:pla), Attorney Jordan T. Varberg added to party St. Bernadette Catholic Parish in Lakewood(pty:pla), Attorney Jordan T. Varberg added to party St. Mary Catholic Parish in Littleton(pty:pla) (Varberg, Jordan) (Entered: 12/06/2023)

NOTICE of Entry of Appearance by Andrew Martin Nussbaum on behalf of The Jewish Coalition for Religious Liberty, et al. Attorney Andrew Martin Nussbaum added to party The Jewish Coalition for Religious Liberty, et al. (pty:am) (Nussbaum, Andrew) (Entered: 12/07/2023)

MOTION to File Amicus Brief by Amicus The Jewish Coalition for Religious Liberty, et al.. (Attachments: # 1 Brief of Amici Curiae)(Nussbaum, Andrew) (Entered: 12/07/2023)

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BRIEF in Support of 38 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint filed by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit Elias Moo Deposition Transcript Excerpts, # 2 Exhibit Tracy Seul Deposition Rough Transcript Exceprts, # 3 Exhibit Avery Coats Deposition Rough Transcript Excerpts, # 4 Exhibit Plaintiffs' Supplemental Answers to Defendants' First Set of Interrogatories, # 5 Exhibit CCCAP Provider Information Letter, # 6 Exhibit DPP 22-23 Provider Renewal Agreement Excerpts, # 7 Exhibit Lisa Sheley Deposition Rough Transcript Excerpts, # 8 Exhibit UPK Draft Rules)(Carreno, Virginia) (Entered: 12/08/2023)

1 Exhibit Elias Moo Deposition Transcript Excerpts

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2 Exhibit Tracy Seul Deposition Rough Transcript Exceprts

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3 Exhibit Avery Coats Deposition Rough Transcript Excerpts

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4 Exhibit Plaintiffs' Supplemental Answers to Defendants' First Set of I

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5 Exhibit CCCAP Provider Information Letter

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6 Exhibit DPP 22-23 Provider Renewal Agreement Excerpts

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7 Exhibit Lisa Sheley Deposition Rough Transcript Excerpts

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8 Exhibit UPK Draft Rules

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MOTION to Exclude Expert Testimony by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order (PDF Only) Proposed Order Granting Plaintiffs' Motion to Exclude Defendants' Expert Witness Testimony (also emailed to Chambers))(Rassbach, Eric) (Entered: 12/14/2023)

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 Proposed Order (PDF Only) Proposed Order Granting Plaintiffs' Motion to Exc

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MOTION for Leave to Appear Remotely - Defendants' Unopposed Motion to Permit Remote Witness Testimony at Bench Trial January 2-4, 2024 by Defendants Dawn Odean, Lisa Roy. (Rust, Nicole) (Entered: 12/15/2023)

RESPONSE to 38 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint (Supplemental) filed by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rassbach, Eric) (Entered: 12/15/2023)

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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ORDER granting 74 Defendants' Unopposed Motion to Permit Remote Witness Testimony at Bench Trial January 2-4, 2024. Dr. Goldberg will be allowed to testify via remote means. Counsel are directed to contact my Courtroom Deputy via email (Bernique_Abiakam@cod.uscourts.gov) for instructions on how to proceed with the VTC and to test the equipment prior to the trial. The attached instructions as well as tips should be reviewed prior to the hearing. Ordered by Judge John L. Kane on 12/18/2023. Text Only Entry (Attachments: # 1 Tips for Remote Log In)(jlksec) (Entered: 12/18/2023)

1 Tips for Remote Log In

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RESPONSE to 61 MOTION for Summary Judgment or, in the Alternative, for a Preliminary Injunction DEFENDANTS RULE 56(d) MOTION TO DENY PLAINTIFFS MOTION FOR SUMMARY JUDGMENT TO ALLOW DEFENDANTS TO CONDUCT NECESSARY DISCOVERY AND DEFENDANTS RESPONSE TO PLAINTIFFS ALTERNATIVE MOTION FOR A PRELIMINARY INJUNCTION, WITH TRIAL BRIEF filed by Defendants Dawn Odean, Lisa Roy. (Attachments: # 1 Exhibit 1 - Declaration of Virginia Carreno, # 2 Exhibit A - to Virginia Carreno Declaration, # 3 Exhibit B - to Virginia Carreno Declaration, # 4 Exhibit C - to Virginia Carreno Declaration, # 5 Exhibit 2 - Moo Deposition Transcript, # 6 Exhibit 3 - Response to Statement of Undisputed Facts, # 7 Exhibit 4 - Draft Rules, # 8 Exhibit 5 - Odean Deposition Transcript, # 9 Exhibit 6 - Masten Article, # 10 Exhibit 7 - Shonkoff Article, # 11 Exhibit 8 - Thoma Article 2021, # 12 Exhibit 9 - Thoma Article 2019, # 13 Exhibit 10 - Joyce Article, # 14 Exhibit 11 - Cox Article, # 15 Exhibit 12 - Sutherland Article, # 16 Exhibit 13 - Goldberg Article, # 17 Exhibit 14 - Goldberg Preschool Article, # 18 Exhibit 15 - Goldberg Smith Article, # 19 Exhibit 16 - Coats Deposition Transcript, # 20 Exhibit 17 - Seul Deposition Transcript, # 21 Exhibit 18 - Sheley Deposition Transcript, # 22 Exhibit 19 - CCCAP Agreement, # 23 Exhibit 20 - DPP Agreement, # 24 Exhibit 21 - Wilkinson Article, # 25 Exhibit 22 - Daly Article, # 26 Exhibit 23 - Jenkins Article, # 27 Exhibit 24 - Tishelman Article, # 28 Appendix A - Trial Brief)(Fischer, Janna) (Entered: 12/18/2023)

1 Exhibit 1 - Declaration of Virginia Carreno

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2 Exhibit A - to Virginia Carreno Declaration

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3 Exhibit B - to Virginia Carreno Declaration

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4 Exhibit C - to Virginia Carreno Declaration

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5 Exhibit 2 - Moo Deposition Transcript

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6 Exhibit 3 - Response to Statement of Undisputed Facts

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7 Exhibit 4 - Draft Rules

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8 Exhibit 5 - Odean Deposition Transcript

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9 Exhibit 6 - Masten Article

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10 Exhibit 7 - Shonkoff Article

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11 Exhibit 8 - Thoma Article 2021

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12 Exhibit 9 - Thoma Article 2019

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13 Exhibit 10 - Joyce Article

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14 Exhibit 11 - Cox Article

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15 Exhibit 12 - Sutherland Article

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16 Exhibit 13 - Goldberg Article

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17 Exhibit 14 - Goldberg Preschool Article

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18 Exhibit 15 - Goldberg Smith Article

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19 Exhibit 16 - Coats Deposition Transcript

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20 Exhibit 17 - Seul Deposition Transcript

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21 Exhibit 18 - Sheley Deposition Transcript

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22 Exhibit 19 - CCCAP Agreement

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23 Exhibit 20 - DPP Agreement

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24 Exhibit 21 - Wilkinson Article

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25 Exhibit 22 - Daly Article

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26 Exhibit 23 - Jenkins Article

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27 Exhibit 24 - Tishelman Article

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28 Appendix A - Trial Brief

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Unopposed MOTION for Leave to Appear Remotely - Plaintiffs' Unopposed Motion to Permit Remote Witness Testimony at Bench Trial January 2-4, 2024 by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 12/22/2023)

Exhibit List Unified Exhibit List for All Parties by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 12/22/2023)

Witness List by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 12/22/2023)

Witness List by Defendants Dawn Odean, Lisa Roy. (Rust, Nicole) (Entered: 12/22/2023)

ORDER granting 78 Plaintiffs' Unopposed Motion to Permit Remote Witness Testimony at Bench Trial January 2-4, 2024. Ms. Avery Coats will be allowed to testify via remote means. Counsel are directed to contact my Courtroom Deputy via email (Bernique_Abiakam@cod.uscourts.gov) for instructions on how to proceed with the VTC and to test the equipment prior to the trial. Please review the instructions as well as tips docketed with Order 76 prior to the hearing. Ordered by Judge John L. Kane on 12/26/2023. Text Only Entry(jlksec) (Entered: 12/26/2023)

Order on Motion for Leave to Appear

RESPONSE to 73 MOTION to Exclude Expert Testimony filed by Defendants Dawn Odean, Lisa Roy. (Whitehair, James) (Entered: 12/27/2023)

NOTICE of Entry of Appearance of Helen L. Norton by Helen L. Norton on behalf of Dawn Odean, Lisa RoyAttorney Helen L. Norton added to party Dawn Odean(pty:dft), Attorney Helen L. Norton added to party Lisa Roy(pty:dft) (Norton, Helen) (Entered: 12/28/2023)

DESIGNATION OF DEPOSITION TESTIMONY of Dawn Odean by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 12/28/2023)

DESIGNATION OF DEPOSITION TESTIMONY of Lisa Roy by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 12/28/2023)

DESIGNATION OF DEPOSITION TESTIMONY of Avery Coats by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 12/28/2023)

OBJECTIONS to Defendants' Designations of Deposition Testimony by Plaintiffs Archdiocese of Denver, The, Daniel Sheley, Lisa Sheley, St. Bernadette Catholic Parish in Lakewood, St. Mary Catholic Parish in Littleton. (Rassbach, Eric) (Entered: 12/28/2023)

DESIGNATION OF DEPOSITION TESTIMONY of Lisa Sheley by Defendants Dawn Odean, Lisa Roy. (Whitehair, James) (Entered: 12/28/2023)

DESIGNATION OF DEPOSITION TESTIMONY of Elias Moo by Defendants Dawn Odean, Lisa Roy. (Whitehair, James) (Entered: 12/28/2023)