Summary: Federal civil rights lawsuit challenging the Cherry Creek School District's unconstitutional policies, practices, & the 5-day suspension of a student for a week for posting about her First and Second Amendment rights
Plaintiff: A.K., a minor female high school student, through Kelley Moyer, her mother and next friend
Defendant: Cherry Creek School District no. 5 ("CCSD") (Aurora, Colorado); the Board of Education for the Cherry Creek School District; CCSD Superintendent Scott Siegfried; and CCSD Endeavor Academy [High School] Principal Caroll Duran
Litigation Counsel: Raymond DiGuiseppe; UCLA Law Professor Eugene Volokh; FPC Director of Legal Strategy, Adam Kraut; FPC Director of Research, Joseph Greenlee
Key Case Filings & Events
- 2020-6-5: Joint call to schedule a preliminary injunction hearing
- 2020-6-4: Plaintiff's Reply in Support of MPI Due
- 2020-6-3: Defendants' supplemental witness list due
- 2020-6-1: Plaintiff's witness list due
- 2020-5-29: Preliminary Injunction Hearing Conf. Deadline
- 2020-5-28: Minute Order: ORDERED that plaintiff shall file her witness list, using the form found at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonPhilipABrimmer.aspx, indicating the witnesses she intends to call at a preliminary injunction hearing and the length of time of her direct examinations no later than June 1, 2020. It is further ORDERED that defendants may supplement their witness list no later than June 3, 2020. It is further ORDERED that counsel shall jointly contact Chambers via conference call (303-335-2794) on June 5, 2020 to schedule a preliminary injunction hearing.
- 2020-5-21: Defendants' Opposition to Plaintiffs' MPI
- 2020-5-21: Defendants' Motion to Dismiss Plaintiff’s First Amended Complaint
- 2020-5-19: Scheduling order
- 2020-5-19: Scheduling conference minutes; COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Scheduling Conference held on 5/19/2020. Discovery due by 1/19/2021. Dispositive Motions due by 2/19/2021. Proposed Protective Orders due 5/26/2020. Joint Status Report due by 10/28/2020. Final Pretrial Conference set for 4/20/2021 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C203. (slibi, ) (Entered: 05/19/2020)
- 2020-5-8: It is HEREBY ORDERED that the Unopposed Motion for Extension of time to Answer or Otherwise Respond to Plaintiff’s Amended Complaint (Dkt. #40), referred to this Court by Chief Judge Philip A. Brimmer (Dkt. #41), is GRANTED for good cause shown. The deadline for Defendants to respond to the Amended Complaint is extended to May 21, 2020.
- 2020-5-6: ORDER by Chief Judge Philip A. Brimmer on 5/6/2020, re:  Plaintiff's Motion and Supporting Memorandum of Points for Temporary Restraining Order and Preliminary Injunction is DENIED in part insofar as it requests issuance of a temporary restraining order. ORDERED that defendants shall respond to the portion of plaintiff's motion seeking a preliminary injunction on or before May 21, 2020. ORDERED that plaintiff shall file a reply on or before June 4, 2020. ORDERED that counsel shall jointly contact Chambers via conference call (303- 335-2794) no later than May 29, 2020 to schedule a preliminary injunction hearing.
- 2020-5-6: Order Denying TRO and Setting Briefing Schedule for MPI
- 2020-5-5: Reply in support of TRO/MPI
- 2020-5-4: Response in Opposition to TRO/MPI
- 2020-5-1: MINUTE ORDER by Chief Judge Philip A. Brimmer on 5/1/2020. Defendant shall respond to the portion of plaintiff's  Motion for Temporary Restraining Order and Preliminary Injunction seeking a temporary restraining order on or before Monday, May 4, 2020. Text Only Entry (pabsec2)
- 2020-4-30: Motion for Preliminary Injunction and Temporary Restraining Order
- 2020-4-8: MINUTE ORDER granting 31 Motion to Vacate and Reschedule the Scheduling Conference by Magistrate Judge N. Reid Neureiter on 4/8/2020. Scheduling Conference is VACATED and RESET to 5/19/2020 09:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. PLEASE READ ATTACHED MINUTE ORDER. (tsher, ) (Entered: 04/08/2020)
- 2020-3-19: ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter for non-dispositive matters. 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 D.C.COLO.LCivR 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, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 3/19/2020. Text Only Entry (pabsec2) (Entered: 03/19/2020)
- 2020-3-19: CASE REASSIGNED pursuant to 25 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 20-cv-00392-PAB. (Text Only Entry) (tsher, ) (Entered: 03/19/2020)
- 2020-3-6: First Amended Complaint & Exhibits
- None to date
Select News Coverage
- Reason.com: Colorado School Suspends 17-Year-Old After She Posted a Non-Threatening Gun Photo With Her Older Brother
- Centennial Citizen: Family sues Cherry Creek School District over suspension after gun photo
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