This case was last updated from U.S. District Courts on 08/29/2021 at 08:54:34 (UTC).

Simpson-Vlach et al v. Michigan Department of Education et al

Case Summary

On 06/30/2021 Simpson-Vlach filed a Civil Right - Education Discrimination lawsuit against Michigan Department of Education. This case was filed in U.S. District Courts, Michigan Eastern District Court. The Judges overseeing this case are Judith E. Levy and Anthony P. Patti. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-11532

  • Filing Date:

    06/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Education Discrimination

Judge Details

Presiding Judge

Judith E. Levy

Referral Judge

Anthony P. Patti

 

Party Details

Plaintiffs

Rita C. Simpson-Vlach

Christopher Place

Alan Simpson-Vlach

Kathy Bishop

Defendants

Dr. Jeanice Kerr Swift

Ann Arbor Public Schools

Michael F. Rice

Dr. Marianne Fidishin

Michigan Department of Education

Naomi Norman

Washtenaw Intermediate School District

Scott A. Menzel

Attorney/Law Firm Details

Plaintiff Attorneys

Charlotte G Carne

Rory Jude Bellantoni

Defendant Attorneys

Richard J. Landau

Nadia Dionne Vann

Neil Anthony Giovanatti

John L. Miller

Timothy J. Mullins

Travis M. Comstock

 

Court Documents

#41

#40

#39

38 #3

Exhibit 2.Due Process Complaint

27 #3

Exhibit

27 #2

Exhibit

27 #1

Exhibit

#27

#20

1 #9

Exhibit Exhibit I, July 1, 2020 Letter from U.S. DOE

1 #7

Exhibit Exhibit G, April 10, 2020 Guidance from the MDE

1 #6

Exhibit Exhibit F, March 2020 Questions and Answers for Providing Services to Ch

1 #5

Exhibit Exhibit E, 3/12/20 Supplemental Fact Sheet by the United States Departme

1 #4

Exhibit Exhibit D, H.P. IEP

1 #3

Exhibit Exhibit C, C.P. IEP

1 #2

Exhibit Exhibit B, M.S. IEP

1 #1

Exhibit Exhibit A, A.S. IEP

#1

68 More Documents Available

 

Docket Entries

  • 08/27/2021
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  • Docket(#41) RESPONSE to #20 MOTION to Dismiss filed by All Plaintiffs. (Carne, Charlotte) (Entered: 08/27/2021)

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  • 08/25/2021
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  • Docket(#40) ORDER Striking #39 Response to Motion, and #27 MOTION for Preliminary Injunction. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/25/2021)

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  • 08/19/2021
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  • Docket(#39) (STRICKEN - SEE ECF NO. 40) RESPONSE to #20 MOTION to Dismiss filed by All Plaintiffs. (Carne, Charlotte) Modified on 8/25/2021 (WBar). (Entered: 08/19/2021)

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  • 08/19/2021
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  • Docket(#38) MOTION to Dismiss by Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Attachments: #1 Index of Exhibits, #2 Exhibit 1.Plaintiff 6/29/21 letter to Ann Arbor School District, #3 Exhibit 2.Due Process Complaint) (Mullins, Timothy) (Entered: 08/19/2021)

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  • 08/19/2021
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  • Docket(#37) STIPULATION AND ORDER Striking 33 MOTION to Dismiss filed by Scott A. Menzel, Washtenaw Intermediate School District, Naomi Norman. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/19/2021)

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  • 08/19/2021
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  • Docket(#36) DECLARATION by Dr. Marianne Fidishin re #34 MOTION to Dismiss Complaint filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: #1 Index of Exhibits, #2 Exhibit Curriculum VItae of Dr. Fidishin, #3 Exhibit AAPS SISS Frequently Asked Questions May 2020, #4 Exhibit Reimagine Learning Plan Special Education Supplement, #5 Exhibit SISS Information--Staff Return to In-Person, #6 Exhibit Student HP February 2021 Non-Public Service Plan, #7 Exhibit MDE-OSE Guidance IDEA-MARSE May 2020, #8 Exhibit Ten Day Notice Letter for Student HP, #9 Exhibit District Response to Ten Day Notice Letter, #10 Exhibit MDE Guidance August 2020, #11 Exhibit Due Process Complaint, #12 Exhibit Due Process Hearing Scheduling Order, #13 Exhibit District Response to Due Process Complaint, #14 Exhibit Procedural Safeguards Notice) (Landau, Richard) (Entered: 08/19/2021)

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  • 08/19/2021
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  • Docket(#35) DECLARATION by Dr. Jeanice Kerr Swift re #34 MOTION to Dismiss Complaint filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: #1 Index of Exhibits, #2 Exhibit Curriculum Vitae of Dr. Swift, #3 Exhibit AAPS Continuity of Learning Response Plan, #4 Exhibit Reimagine Learning Plan Overview, #5 Exhibit FY 2020-21 IDEA Grant Budget) (Landau, Richard) (Entered: 08/19/2021)

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  • 08/19/2021
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  • Docket(#34) MOTION to Dismiss Complaint by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard) (Entered: 08/19/2021)

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  • 08/17/2021
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  • Docket(#32) STIPULATION AND ORDER Regarding Briefing Schedule for State Defendants' Motion to Dismiss #20 , AAPS and WISD Defendants' Motions to Dismiss, and Plaintiffs' Motion for Automatic and Preliminary Injunction #27 . Briefing for Motion to Dismiss #20 : Response due by 8/19/2021 and Reply due by 9/2/2021. [Refer to image for additional deadlines] Signed by District Judge Judith E. Levy. (EPar) (Entered: 08/17/2021)

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  • 08/13/2021
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  • Docket(#31) STIPULATED ORDER Extending Page Limit for Defendant Ann Arbor Public Schools, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/13/2021)

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22 More Docket Entries
  • 07/14/2021
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  • Docket(#10) ORDER striking 9 Motion for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/14/2021)

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  • 07/12/2021
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  • Docket(#8) CERTIFICATE of Service/Summons Returned Executed. Washtenaw Intermediate School District served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte) (Entered: 07/12/2021)

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  • 07/12/2021
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  • Docket(#7) CERTIFICATE of Service/Summons Returned Executed. Michigan Department of Education served on 7/8/2021, answer due 7/29/2021. (Carne, Charlotte) (Entered: 07/12/2021)

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  • 07/12/2021
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  • Docket(#6) CERTIFICATE of Service/Summons Returned Executed. Michael F. Rice served on 7/8/2021, answer due 7/29/2021. (Carne, Charlotte) (Entered: 07/12/2021)

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  • 07/12/2021
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  • Docket(#5) CERTIFICATE of Service/Summons Returned Executed. Naomi Norman served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte) (Entered: 07/12/2021)

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  • 07/12/2021
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  • Docket(#4) CERTIFICATE of Service/Summons Returned Executed. Scott A. Menzel served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte) (Entered: 07/12/2021)

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  • 07/01/2021
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  • Docket(#3) SUMMONS Issued for * All Defendants * (LGra) (Entered: 07/01/2021)

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  • 06/30/2021
  • DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (TTho) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#2) SUMMONS Issued for * All Defendants * (TTho) Modified on 7/1/2021 (LGra).[INCORRECT ADDRESS FOR ATTORNEY SUMMONS RE-ISSUED] (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#1) COMPLAINT 2:21-cv-11532 filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8521135 - Fee: $ 402. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit Exhibit A, A.S. IEP, #2 Exhibit Exhibit B, M.S. IEP, #3 Exhibit Exhibit C, C.P. IEP, #4 Exhibit Exhibit D, H.P. IEP, #5 Exhibit Exhibit E, 3/12/20 Supplemental Fact Sheet by the United States Department of Education, #6 Exhibit Exhibit F, March 2020 Questions and Answers for Providing Services to Children with Disabilities during the Coronavirus Disease 2019 Outbreak, #7 Exhibit Exhibit G, April 10, 2020 Guidance from the MDE, #8 Exhibit Exhibit H, August 8, 2019 IDEA Award, #9 Exhibit Exhibit I, July 1, 2020 Letter from U.S. DOE) (Carne, Charlotte) (Entered: 06/30/2021)

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