5:21-CV-11532
06/30/2021
Pending - Other Pending
Civil Right - Education Discrimination
Judith E. Levy
Anthony P. Patti
Rita C. Simpson-Vlach
Christopher Place
Alan Simpson-Vlach
Kathy Bishop
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
Charlotte G Carne
Rory Jude Bellantoni
Richard J. Landau
Nadia Dionne Vann
Neil Anthony Giovanatti
John L. Miller
Timothy J. Mullins
Travis M. Comstock
Exhibit 2.Due Process Complaint
Exhibit
Exhibit
Exhibit
Exhibit Exhibit I, July 1, 2020 Letter from U.S. DOE
Exhibit Exhibit G, April 10, 2020 Guidance from the MDE
Exhibit Exhibit F, March 2020 Questions and Answers for Providing Services to Ch
Exhibit Exhibit E, 3/12/20 Supplemental Fact Sheet by the United States Departme
Exhibit Exhibit D, H.P. IEP
Exhibit Exhibit C, C.P. IEP
Exhibit Exhibit B, M.S. IEP
Exhibit Exhibit A, A.S. IEP
Docket(#41) RESPONSE to #20 MOTION to Dismiss filed by All Plaintiffs. (Carne, Charlotte) (Entered: 08/27/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#34) MOTION to Dismiss Complaint by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard) (Entered: 08/19/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#31) STIPULATED ORDER Extending Page Limit for Defendant Ann Arbor Public Schools, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/13/2021)
[-] Read LessDocket(#10) ORDER striking 9 Motion for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/14/2021)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#3) SUMMONS Issued for * All Defendants * (LGra) (Entered: 07/01/2021)
[-] Read LessDocketA 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)
[-] Read LessDocket(#2) SUMMONS Issued for * All Defendants * (TTho) Modified on 7/1/2021 (LGra).[INCORRECT ADDRESS FOR ATTORNEY SUMMONS RE-ISSUED] (Entered: 06/30/2021)
[-] Read LessDocket(#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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