Case: E.H. v. Mississippi Department of Education

3:12-cv-00474 | U.S. District Court for the Southern District of Mississippi

Filed Date: July 10, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 10, 2012, a class action lawsuit was filed in the United States District Court for the Southern District of Mississippi, against the Mississippi Department of Education (MDE), under the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), 20 U.S.C. § 1400 et seq. The proposed plaintiff class, represented by a named plaintiff, consists of disabled students in the Jackson Public School District (JPS). The complaint alleged individual and systemic violations of IDEA by …

On July 10, 2012, a class action lawsuit was filed in the United States District Court for the Southern District of Mississippi, against the Mississippi Department of Education (MDE), under the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), 20 U.S.C. § 1400 et seq. The proposed plaintiff class, represented by a named plaintiff, consists of disabled students in the Jackson Public School District (JPS). The complaint alleged individual and systemic violations of IDEA by the School District, and that the State has continually failed to ensure that the School District meets its federally mandated obligations under IDEA. IDEA requires that a state provide a free appropriate public education to all students with disabilities, and that this education be provided in the least restrictive environment with minimal segregation from their non-disabled peers. The Plaintiffs allege that the State's failure to enforce IDEA has resulted in potentially thousands of students being denied their guaranteed free and appropriate public education, and seek injunctive relief requiring the State to execute its responsibilities under IDEA.

The named plaintiff and a class of similarly situated students had, in September 2010, filed an administrative complaint against the Jackson Public School District with the State, alleging systemic violations of IDEA and the failure to provide a free and appropriate public education("FAPE"). Alleged violations included: that the School District denied the students an appropriate level of related services to address their behavioral needs and goals, and denied many students with any such services; that the School District failed comply with IDEA's disciplinary regulations with regards to functional behavioral assessments ("FBA"), behavior intervention plans ("BIP"), and manifestation determination reviews ("MDRS"); that the School District failed to confer meaningful educational benefit; that they failed to comply with the substantive and procedural requirements relating to the development and implementation of individualized educational programs ("IEP"); that they failed to provide educational services in the least restrictive environment ("LRE"); that the School District failed to provide students with necessary and appropriate transition services; and that it failed to provide students with necessary and appropriate extended school year ("ESY") services.

The State Department of Education investigated and in November of 2010 issued a report that substantiated every one of the violations. The Plaintiffs alleged in the July 2012 complaint that the School District continued, despite this investigation, to violate the rights of the Plaintiff class, and that the State exhibited complete indifference to the ongoing violations, and that it failed to take appropriate action to compel JPS to correct its violations of IDEA. The Plaintiffs allege that the State bears the ultimate responsibility for ensuring that local school districts comply with IDEA, and that the State has completely failed to exercise this responsibility.

Less than ten percent of students with disabilities graduate from the School District. During the 2010-2011 school year, only 9% of eighth grade students with disabilities scored proficient or above in state-wide science testing, while only 4% of eighth grade students with disabilities were considered proficient in language arts as measured on the Mississippi Curriculum Test.

The Plaintiffs seek a declaration from the court that the State's failure to comply with the mandates of IDEA is unlawful. They seek an injunction enjoining the State from subjecting disabled students to practices that violate their rights under IDEA and compelling the State to fulfill its duties under IDEA. They also seek reasonable costs and attorney's fees.

On September 17, 2012, the Plaintiffs filed an Amended Complaint that added two additional named plaintiffs and which made minor changes to the formulation of their arguments. The allegations remained substantially the same. One November 4, 2012, the Plaintiffs filed a Motion to Certify Class, on November 11, 2012 the Plaintiffs filed a motion for a Preliminary Injunction, and on November 27, the Defendant filed a motion to dismiss. These motions remained pending until May 28, 2013. See below.

At a January 23, 2013 settlement conference, the parties agreed to put a temporary stay on the case while they pursued settlement. Two days later, one of the added named plaintiffs from the Amended Complaint withdrew from the case. His claims were voluntarily dismissed without prejudice.

Apparently settlement negotiations failed, because on May 28, 2013 the stay was lifted and the pending motions terminated without decision. The parties were instructed to refile their motions, in light of any new facts that may have developed in the intervening period.

On June 14, 2013 the plaintiff refiled their motion for class certification and on June 28, 2013 the defendants filed a motion to dismiss. The plaintiffs responded with a motion for discovery and an accompanying request to convert the defendant's motion to dismiss to a motion for summary judgment due to the advanced stage of proceedings. However, the plaintiff's motion was denied on September 6, 2013.

The parties continued to file responses and replies to the defendant's motion to dismiss until April 18, 2014 when parties filed a joint motion to stay proceedings while they attempted to negotiate a settlement. Judge Daniel P. Jordan III granted the order and recommended the case back to Magistrate Judge F. Keith Ball for settlement negotiations.

After approximately four and a half months, on September 29, 2014, the parties filed a joint motion to administratively close the case after reaching a settlement agreement. The agreement noted that as of February 12, 2014, JPS had corrected any and all violations under the IDEA. The agreement further stipulated that the MDE would assist JPS with the implementation of a Program Sustainability Plan for the 2014-2015 school year. The agreement also included that the MDE would conduct quarterly assessments of JPS's progress, compile a report regarding progress, and supply the reports to the plaintiff.

On September 11, 2015 District Court Judge Daniel P. Jordan III granted a motion to dismiss with prejudice, and it seems the case is closed.

Summary Authors

Alex Colbert-Taylor (6/3/2013)

Nichollas Dawson (11/9/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5126549/parties/eh-v-mississippi-department-of-education/


Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Attorneys(s) for Plaintiff

Carroll, Vanessa (Mississippi)

Cockrell, Corrie Wynette (Mississippi)

Comstock-Galagan, Jim (Mississippi)

Katzerman, Jerri (Alabama)

Owens, Jody E. II (Mississippi)

Attorneys(s) for Defendant

Matheny, Justin L. (Mississippi)

Minor, Wilson D. (Mississippi)

Expert/Monitor/Master

Hutchinson, Wendell (Mississippi)

Judge(s)

Ball, F. Keith (Mississippi)

Jordan, Daniel Porter III (Mississippi)

Attorneys(s) for Plaintiff

Carroll, Vanessa (Mississippi)

Cockrell, Corrie Wynette (Mississippi)

Comstock-Galagan, Jim (Mississippi)

Katzerman, Jerri (Alabama)

Owens, Jody E. II (Mississippi)

Attorneys(s) for Defendant

Matheny, Justin L. (Mississippi)

Minor, Wilson D. (Mississippi)

Expert/Monitor/Master

Hutchinson, Wendell (Mississippi)

Documents in the Clearinghouse

Document

3:12-cv-00474

Docket [PACER]

Sept. 11, 2015

Sept. 11, 2015

Docket
1

3:12-cv-00474

Complaint

July 10, 2012

July 10, 2012

Complaint
7

3:12-cv-00474

Amended Complaint

Sept. 17, 2012

Sept. 17, 2012

Complaint
12

3:12-cv-00474

Plaintiffs' Memorandum of Law in Support of Motion for Class Certification

Oct. 4, 2012

Oct. 4, 2012

Pleading / Motion / Brief
17

3:12-cv-00474

Plaintiffs' Memorandum of Law in Support of Motion for Preliminary Injunction

Nov. 1, 2012

Nov. 1, 2012

Pleading / Motion / Brief
32

3:12-cv-00474

Stipulated Notice of Withdrawal and Dismissal of Claim

Jan. 25, 2013

Jan. 25, 2013

Notice Letter
61-1

3:12-cv-00474

Settlement Agreement

Sept. 29, 2014

Sept. 29, 2014

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5126549/eh-v-mississippi-department-of-education/

Last updated May 31, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mississippi Department of Education ( Filing fee $ 350 receipt number 34643016680), filed by E.H.. (Attachments: # 1 Civil Cover Sheet)(ND) (Entered: 07/10/2012)

1 Civil Cover Sheet

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July 10, 2012

July 10, 2012

RECAP
2

Summons Issued as to Mississippi Department of Education C/O Attorney General Jim Hood. (ND) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
3

MOTION for James Comstock-Galagan to Appear Pro Hac Vice by E.H. (Attachments: # 1 Exhibit Certificate of Good Standing)(Carroll, Vanessa) (Entered: 07/31/2012)

1 Exhibit Certificate of Good Standing

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July 31, 2012

July 31, 2012

PACER
4

MOTION for Jerri Katzerman to Appear Pro Hac Vice by E.H. (Attachments: # 1 Exhibit Certificate of Good Standing)(Carroll, Vanessa) (Entered: 07/31/2012)

1 Exhibit Certificate of Good Standing

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July 31, 2012

July 31, 2012

PACER

Pro Hac Vice fees paid by James E. Comstock-Galagan and Jerri Katzerman, $ 200.00, receipt number 34643017018. (ND)

July 31, 2012

July 31, 2012

PACER

TEXT-ONLY ORDER granting 3 Motion to Appear Pro Hac Vice; granting 4 Motion to Appear Pro Hac Vice that James Comstock-Galagan and Jerri Katzerman be admitted pro hac vice in this case on behalf of the plaintiff in association with local counsel and upon registration for electronic filing as required by the Court. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 8/2/12. (JEJ)

Aug. 2, 2012

Aug. 2, 2012

PACER
5

SUMMONS Returned Executed by E.H.; Mississippi Department of Education c/o Jim Hood served on 8/27/2012, answer due 9/17/2012. (Carroll, Vanessa) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
6

MOTION for Extension of Time to File Answer re 1 Complaint or Otherwise Respond to Complaint by Mississippi Department of Education (Minor, Wilson) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
7

AMENDED COMPLAINT against Mississippi Department of Education, filed by E.H..(Carroll, Vanessa) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER

Text-only ORDER granting 6 Motion for Extension of Time to Answer Mississippi Department of Education answer due 9/21/2012. Signed by Magistrate Judge F. Keith Ball on 9/20/12. (No further written order will be issued.) (dfk)

Sept. 20, 2012

Sept. 20, 2012

PACER

Ore Tenus MOTION for Extension of Time to File Answer. by Mississippi Department of Education (dfk)

Sept. 27, 2012

Sept. 27, 2012

PACER
8

ORDER granting [] Motion for Extension of Time to Answer Mississippi Department of Education answer due 10/1/2012. Signed by Magistrate Judge F. Keith Ball on 9/27/12 (dfk) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
9

ANSWER to 7 Amended Complaint by Mississippi Department of Education.(Minor, Wilson) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
10

Rule 16(a) Initial Order Telephonic Case Management Conference set for 12/4/2012 01:45 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. (JEJ) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
11

MOTION to Certify Class by E.H. (Attachments: # 1 Exhibit Administrative Complaint, # 2 Exhibit MDE Findings and Decision, # 3 Exhibit Letter from T. Bradley to C. Cockrell and L. Edwards, Nov. 22, 2010, # 4 Exhibit Letter from T. Bradley to J. Sargent, Jan. 13, 2012, # 5 Exhibit November Follow-up Monitoring Report, # 6 Exhibit Letter from T. Bradley to J. Sargent, May 15, 2012, # 7 Exhibit April Follow-up Monitoring Report, # 8 Exhibit District Data Profile Report for JPS, # 9 Exhibit Children's First 2009-2010 Annual Report for JPS, # 10 Exhibit Part B Application, # 11 Exhibit Declaration of V. Carroll)(Carroll, Vanessa) (Entered: 10/04/2012)

1 Exhibit Administrative Complaint

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2 Exhibit MDE Findings and Decision

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3 Exhibit Letter from T. Bradley to C. Cockrell and L. Edwards, Nov. 22, 2010

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4 Exhibit Letter from T. Bradley to J. Sargent, Jan. 13, 2012

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5 Exhibit November Follow-up Monitoring Report

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6 Exhibit Letter from T. Bradley to J. Sargent, May 15, 2012

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7 Exhibit April Follow-up Monitoring Report

View on PACER

8 Exhibit District Data Profile Report for JPS

View on PACER

9 Exhibit Children's First 2009-2010 Annual Report for JPS

View on PACER

10 Exhibit Part B Application

View on PACER

11 Exhibit Declaration of V. Carroll

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Oct. 4, 2012

Oct. 4, 2012

PACER
12

MEMORANDUM IN SUPPORT re 11 MOTION to Certify Class filed by E.H. (Carroll, Vanessa) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
13

Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Certify Class by Mississippi Department of Education (Minor, Wilson) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER

TEXT ONLY ORDER granting 13 Motion for Extension of Time to File Response/Reply. The Response is due by October 25, 2012. Signed by District Judge Daniel P. Jordan III on October 17, 2012. No further written order will issue. (AH)

Oct. 17, 2012

Oct. 17, 2012

PACER
14

Response in Opposition re 11 MOTION to Certify Class by E.H. (Attachments: # 1 Exhibit Administrative Complaint, # 2 Exhibit MDE Findings and Decision, # 3 Exhibit Letter from T. Bradley to C. Cockrell and L. Edwards, Nov. 22, 2010, # 4 Exhibit Letter from T. Bradley to J. Sargent, Jan. 13, 2012, # 5 Exhibit November Follow-up Monitoring Report, # 6 Exhibit Letter from T. Bradley to J. Sargent, May 15, 2012, # 7 Exhibit April Follow-up Monitoring Report, # 8 Exhibit District Data Profile Report for JPS, # 9 Exhibit Children's First 2009-2010 Annual Report for JPS, # 10 Exhibit Part B Application, # 11 Exhibit Declaration of V. Carroll)(Carroll, Vanessa) filed by Mississippi Department of Education (Minor, Wilson) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
15

MEMORANDUM IN SUPPORT re 14 Response in Opposition,,, filed by Mississippi Department of Education (Attachments: # 1 Exhibit A - Notice of Commission Action, # 2 Exhibit B - October 19, 2012 State Board of Education Agenda)(Minor, Wilson) (Entered: 10/25/2012)

1 Exhibit A - Notice of Commission Action

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2 Exhibit B - October 19, 2012 State Board of Education Agenda

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Oct. 25, 2012

Oct. 25, 2012

PACER
16

MOTION for Preliminary Injunction by E.H. (Attachments: # 1 Exhibit Administrative Complaint, # 2 Exhibit Findings and Decision, # 3 Exhibit Letter from T. Bradley to C. Cockrell and L. Edwards Nov. 22, 2010, # 4 Exhibit December 2010 CAP, # 5 Exhibit Testimony of Dr. Ken Swindol, # 6 Exhibit Updated Timeline for JPS, # 7 Exhibit Sept. 9, 2011 Revised CAP, # 8 Exhibit Summary of MDE/OSE Review of JPS' Revised Improvement Plan, # 9 Exhibit Testimony of Dr. Tawny McCleon, # 10 Exhibit Letter from A. Moore to Dr. J. Sargent Sept. 26, 2011, # 11 Exhibit Letter from T. Bradley to Dr. J. Sargent Jan. 13, 2012, # 12 Exhibit November Follow-up Monitoring Report, # 13 Exhibit Letter from T. Bradley to Dr. J. Sargent May 15, 2012, # 14 Exhibit April Follow-up Monitoring Report, # 15 Exhibit Notice of Commission Action on Accreditation, # 16 Exhibit Memo from Dr. Addison to A. Moore June 4, 2012, # 17 Exhibit July 2012 CAP)(Carroll, Vanessa) (Entered: 11/01/2012)

1 Exhibit Administrative Complaint

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2 Exhibit Findings and Decision

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3 Exhibit Letter from T. Bradley to C. Cockrell and L. Edwards Nov. 22, 2010

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4 Exhibit December 2010 CAP

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5 Exhibit Testimony of Dr. Ken Swindol

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6 Exhibit Updated Timeline for JPS

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7 Exhibit Sept. 9, 2011 Revised CAP

View on PACER

8 Exhibit Summary of MDE/OSE Review of JPS' Revised Improvement Plan

View on PACER

9 Exhibit Testimony of Dr. Tawny McCleon

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10 Exhibit Letter from A. Moore to Dr. J. Sargent Sept. 26, 2011

View on PACER

11 Exhibit Letter from T. Bradley to Dr. J. Sargent Jan. 13, 2012

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12 Exhibit November Follow-up Monitoring Report

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13 Exhibit Letter from T. Bradley to Dr. J. Sargent May 15, 2012

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14 Exhibit April Follow-up Monitoring Report

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15 Exhibit Notice of Commission Action on Accreditation

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16 Exhibit Memo from Dr. Addison to A. Moore June 4, 2012

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17 Exhibit July 2012 CAP

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Nov. 1, 2012

Nov. 1, 2012

PACER
17

MEMORANDUM in Support re 16 MOTION for Preliminary Injunction filed by E.H. (Carroll, Vanessa) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
18

REPLY to Response to Motion 14 Response in Opposition in re 11 MOTION to Certify Class filed by E.H. (Carroll, Vanessa) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
19

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Preliminary Injunction by Mississippi Department of Education (Minor, Wilson) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER

TEXT ONLY ORDER granting 19 Motion for Extension of Time to File Response/Reply. Defendant's Response to Plaintiffs' Motion for Preliminary Injunction 16 is due by November 21, 2012. Signed by District Judge Daniel P. Jordan III on November 13, 2012. No further written order will issue. (AH)

Nov. 13, 2012

Nov. 13, 2012

PACER
20

MOTION for Leave to File Excess Pages by Mississippi Department of Education (Minor, Wilson) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
21

RESPONSE in Opposition re 16 MOTION for Preliminary Injunction filed by Mississippi Department of Education (Minor, Wilson) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
22

MEMORANDUM IN SUPPORT re 21 Response in Opposition to Motion for Preliminary Injunction filed by Mississippi Department of Education (Attachments: # 1 Exhibit A - Notice of Commission Action re: Jackson Public School District Show Cause Hearing, # 2 Exhibit B - Affidavit of Kim S. Bention, Ed.D. /attachment: Memorandum of Agreement between MS Dept. of Education and the Jackson Public School District, dated 10/26/12)(Minor, Wilson) (Entered: 11/21/2012)

1 Exhibit A - Notice of Commission Action re: Jackson Public School District Show

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2 Exhibit B - Affidavit of Kim S. Bention, Ed.D. /attachment: Memorandum of Agreem

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Nov. 21, 2012

Nov. 21, 2012

PACER
23

MOTION to Dismiss by Mississippi Department of Education (Minor, Wilson) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
24

MEMORANDUM in Support re 23 MOTION to Dismiss filed by Mississippi Department of Education (Minor, Wilson) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER

ORDER STAYING DISCOVERY. An immunity defense motion has been filed in this case. Therefore, in accordance with L.U.Civ.R. 16(b)(3)(B), the disclosure requirements and all discovery are hereby STAYED, pending the Court's ruling on the motion. Signed by Magistrate Judge F. Keith Ball on 11/27/12. (No further written order will be issued.)(dfk)

Nov. 27, 2012

Nov. 27, 2012

PACER
25

Unopposed MOTION for Extension of Time to File Response/Reply as to 22 Memorandum in Support, of Response in Opposition to Plaintiffs' Motion for Preliminary Injunction by E.H. (Carroll, Vanessa) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER

TEXT ONLY ORDER granting 25 Motion for Extension of Time to File Response/Reply. Plaintiffs' Reply is due by December 5, 2012. Signed by District Judge Daniel P. Jordan III on December 3, 2012. No further written order will issue. (AH)

Dec. 3, 2012

Dec. 3, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 12/4/2012 in Jackson, MS. Appearances: Vanessa Carroll, Corrie Cockrell, Jody Owens, Wendell Hutchnison, Justin Matheny and Wilson Minor. (JEJ)

Dec. 4, 2012

Dec. 4, 2012

PACER
26

MOTION for Leave to File Excess Pages by E.H. (Carroll, Vanessa) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
27

REPLY to Response to Motion re 21 Response in Opposition to Motion for Preliminary Injunction filed by E.H. (Attachments: # 1 Exhibit Letter from T. Bradley to Dr. C. Gray, Nov. 19, 2012, # 2 Exhibit October 2012 Follow-up Monitoring Report)(Carroll, Vanessa) (Entered: 12/05/2012)

1 Exhibit Letter from T. Bradley to Dr. C. Gray, Nov. 19, 2012

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2 Exhibit October 2012 Follow-up Monitoring Report

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Dec. 5, 2012

Dec. 5, 2012

PACER

TEXT ONLY ORDER granting 20 Defendant's Motion for Leave to File Excess Pages; granting 26 Plaintiffs' Motion for Leave to File Excess Pages. Signed by District Judge Daniel P. Jordan III on December 6, 2012. No further written order will issue. (AH)

Dec. 6, 2012

Dec. 6, 2012

PACER

Set/Reset Hearings: Settlement Conference set for 1/8/2013 09:00 AM before Magistrate Judge F. Keith Ball. Seven (7) days prior to the settlement conference, the parties shall submit via e-mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. (JEJ)

Dec. 8, 2012

Dec. 8, 2012

PACER
28

RESPONSE in Opposition re 23 MOTION to Dismiss filed by E.H. (Carroll, Vanessa) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
29

MEMORANDUM IN SUPPORT re 28 Response in Opposition to Motion to Dismiss filed by E.H. (Carroll, Vanessa) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
30

Unopposed MOTION for Extension of Time to File Response/Reply as to 28 Response in Opposition to Motion by Mississippi Department of Education (Minor, Wilson) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER

TEXT ONLY ORDER granting 30 Motion for Extension of Time to File Response/Reply. Defendant's Reply is due by December 28, 2012. Signed by District Judge Daniel P. Jordan III on December 19, 2012. No further written order will issue. (AH)

Dec. 19, 2012

Dec. 19, 2012

PACER
31

Rebuttal re 28 Response in Opposition to Motion filed by Mississippi Department of Education (Minor, Wilson) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 1/8/2013 in Jackson, MS. Appearances: Vanessa Carroll, Joe Paige, Lula Henry, Jed Oppenheim, Corrie Cockrell, Jim Comstock-Galagan, Jerri Katzerman, Wendell Hutchinson, Kathy Boteler, Heather Deaton, Ann Moore, Justin Matheny, Wilson Minor, and Jody Owens, III. (JEJ) Modified on 1/8/2013 (JEJ).

Jan. 8, 2013

Jan. 8, 2013

PACER

Set/Reset Hearings: Telephonic Status Conference set for 1/10/2013 01:30 PM before Magistrate Judge F. Keith Ball. Counsel for Plaintiff shall initiate the call. (JEJ)

Jan. 8, 2013

Jan. 8, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 1/10/2013 in Jackson, MS. Appearances: Corrie Cockrell, James Comstock-Galagan, Jerri Katzerman, Jody Owens, II, Vanessa Carroll, Wendell Hutchinson, Wilson Minor and Justin Metheny. (JEJ)

Jan. 10, 2013

Jan. 10, 2013

PACER

Set Hearing: Telephonic Status Conference set for 1/15/2013 11:30 AM before Magistrate Judge F. Keith Ball. Counsel for Plaintiff shall initiate the call. (JEJ)

Jan. 10, 2013

Jan. 10, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 1/15/2013 in Jackson, MS. Appearances: Vanessa Carroll, Corrie Cockrell, Jody Owens, Jerri Katzerman, Jim Comstock-Galagan, Wendell Hutchinson, Justin Matheny and Wilson Minor. (JEJ)

Jan. 15, 2013

Jan. 15, 2013

PACER

Set Hearing: Settlement Conference set for 1/23/2013 08:30 AM before Magistrate Judge F. Keith Ball. (JEJ)

Jan. 15, 2013

Jan. 15, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 1/23/2013 in Jackson, MS. Appearances: Jody Owens, Vanessa Carroll, Corrie Cockrell, Jerri Katzerman, Jim Galagan, Kathy Boteler, Ann Moore, Heather Deaten, Justin Matheny and Wilson Minor. (JEJ)

Jan. 23, 2013

Jan. 23, 2013

PACER

TEXT-ONLY ORDER STAYING CASE. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 1/23/13. (JEJ)

Jan. 23, 2013

Jan. 23, 2013

PACER
32

STIPULATION of Dismissal by R.T. (Carroll, Vanessa) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER

Set Hearing: Telephone Conference set for 2/1/2013 02:00 PM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call to 601-608-4460. (JEJ)

Jan. 31, 2013

Jan. 31, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephone Conference held on 2/1/2013 in Jackson, MS. Appearances: Corrie Cockrell, James Comstock-Galagan, Jerri Katzerman, Jody Owens, II, Vanessa Carroll, Wendell Hutchinson, Wilson Minor and Justin Matheny. (JEJ)

Feb. 1, 2013

Feb. 1, 2013

PACER
33

NOTICE of Appearance by Justin L. Matheny on behalf of Mississippi Department of Education (Matheny, Justin) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER

Set Hearing: Telephonic Status Conference set for 4/25/2013 10:30 AM before Magistrate Judge F. Keith Ball. Defense counsel shall initiate the call. (JEJ)

April 19, 2013

April 19, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 4/25/2013 in Jackson, MS. Appearances: Vanessa Carroll, Corrie Cockrell, Jody Owens, James Comstock-Galagan, Wendell Hutchinson, Jerri Katzerman, Justin Matheny and Wilson Minor. (JEJ)

April 25, 2013

April 25, 2013

PACER

Set Hearing: In Person Status Conference set for 5/20/2013 09:00 AM before Magistrate Judge F. Keith Ball. Representatives of Defendant Mississippi Department of Education with full settlement authority are required to attend. (JEJ)

May 7, 2013

May 7, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: In Person Status Conference held on 5/20/2013 in Jackson, MS. Appearances: Vanessa Carroll, Corrie Cockrell, Mark Mlawer, Jim Comstock, Wendell Hutchinson, Jed Oppenheim, J. Paige, Justin Matheny Wilson Minor, Kathy Boteler, Heather Deaton, Tonya Green, Kim S. Benton and Jody Owens, II. (JEJ)

May 20, 2013

May 20, 2013

PACER

TEXT-ONLY ORDER. This case came before the undersigned for a status conference on 5/20/2013. Appearances: For Plaintiffs - Vanessa Carroll, Corrie Cockrell, James Comstock-Galagan, Wendell Hutchinson, Jed Oppenheim, Jonemeka Paige, Jody Owens, II, and Mark Mlawer; and for Defendant - Justin Matheny, Wilson Minor, Kathy Boteler, Heather Deaton, Tonya Green, and Kim S. Benton. After conferring at the conference, the undersigned granted Plaintiffs' request to terminate the interim stay agreement previously entered by the parties. Therefore, the stay entered on 1/23/2013 pursuant to the agreement is hereby lifted. However, this case shall remain stayed pursuant to the stay entered on 11/27/2012 and pending a decision on Defendant's motion to dismiss. Further, the Court finds that the pending motions [Docket Nos. 11, 16, and 23] should be terminated and the parties are instructed to refile their motions to include the facts which have developed since the motions were originally filed. The parties shall refile their motions by June 14, 2013. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 5/28/2013. (JEJ)

May 28, 2013

May 28, 2013

PACER
34

MOTION for Extension of Time to File Re-File Dispositive Motion by Mississippi Department of Education (Matheny, Justin) (Entered: 06/05/2013)

June 5, 2013

June 5, 2013

PACER

Text-only ORDER granting 34 Motion for Extension of Time to Refile Dispositive Motion. Deadline extended to June 28, 2013. Signed by Magistrate Judge F. Keith Ball on 6/13/13. (No further written order will be issued.) (dfk)

June 13, 2013

June 13, 2013

PACER
35

MOTION to Certify Class by E.H., J.P. (Cockrell, Corrie) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
36

MEMORANDUM in Support re 35 MOTION to Certify Class filed by E.H., J.P. (Cockrell, Corrie) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
37

ATTACHMENT re 35 MOTION to Certify Class by E.H., J.P. (Attachments: # 1 Exhibit 2 MDE Office of Special Education Findings and Decision with Regards to the State Admin Complaint Against JPS Nov. 22, 2010, # 2 Exhibit 3 MDE Office of Special Education, to C. Cockrell and L. Edwards, # 3 Exhibit 4 Letter from T. Bradley, Bureau Director, MDE Office of Special Education, to Dr. J. Sargent, Superintendent, JPS (Jan. 13, 2012), # 4 Exhibit 5 MDE, Follow-up Monitoring Evaluation Report on Services for Students with Disabilities (Nov. 15-16, 2011), # 5 Exhibit 6 Letter from T. Bradley to Dr. J. Sargent (May 15, 2012), # 6 Exhibit 7 MDE, Follow-up Monitoring Evaluation Report on Services for Students with Disabilities (Apr. 18-20, 2012), # 7 Exhibit 8 Letter from T. Bradley, Bureau Director, MDE Office of Special Education to Dr. C. Gray, Superintendent, JPS 1 (Nov. 19, 2012), # 8 Exhibit 9 Follow-up Monitoring Evaluation Report on Services for Students with Disabilities (Oct. 16-19, 2012), # 9 Exhibit 10 MDE, District Data Profile Report for JPS 1 (Jan. 20, 2012), # 10 Exhibit 11 JPS, The Childrens First 2009-2010 Annual Report 1 (2010), # 11 Exhibit 12 MDE, Annual State Application Under Part B of the IDEA for Federal Fiscal Year 2012, # 12 Exhibit 13 Declaration of Vanessa Carroll)(Cockrell, Corrie) (Entered: 06/14/2013)

1 Exhibit 2 MDE Office of Special Education Findings and Decision with Regards to

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2 Exhibit 3 MDE Office of Special Education, to C. Cockrell and L. Edwards

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3 Exhibit 4 Letter from T. Bradley, Bureau Director, MDE Office of Special Educati

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4 Exhibit 5 MDE, Follow-up Monitoring Evaluation Report on Services for Students w

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5 Exhibit 6 Letter from T. Bradley to Dr. J. Sargent (May 15, 2012)

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6 Exhibit 7 MDE, Follow-up Monitoring Evaluation Report on Services for Students w

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7 Exhibit 8 Letter from T. Bradley, Bureau Director, MDE Office of Special Educati

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8 Exhibit 9 Follow-up Monitoring Evaluation Report on Services for Students with D

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9 Exhibit 10 MDE, District Data Profile Report for JPS 1 (Jan. 20, 2012)

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10 Exhibit 11 JPS, The Childrens First 2009-2010 Annual Report 1 (2010)

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11 Exhibit 12 MDE, Annual State Application Under Part B of the IDEA for Federal Fi

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12 Exhibit 13 Declaration of Vanessa Carroll

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June 14, 2013

June 14, 2013

PACER
38

MOTION for Leave to File Excess Pages by Mississippi Department of Education (Matheny, Justin) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
39

MOTION to Dismiss by Mississippi Department of Education (Attachments: # 1 Exhibit A - State Administrative Complaint, # 2 Exhibit B - November 22, 2010 Report, # 3 Exhibit C - December 2010 CAP, # 4 Exhibit D - September 2011 Revised CAP, # 5 Exhibit E - September 26, 2011 MDE Review of Revised CAP, # 6 Exhibit F - November 15-16, 2011 Follow-up Monitoring Report, # 7 Exhibit G - May 31, 2012 Accreditation Order, # 8 Exhibit H - April 18-20, 2012 Follow-up Monitoring Report, # 9 Exhibit I - July 2012 CAP, # 10 Exhibit J - October 16-19, 2012 Follow-up Monitoring Report, # 11 Exhibit K - October 19, 2012 MBE Agenda, # 12 Exhibit L - November 2, Memorandum of Agreement/Compliance Agreement, # 13 Exhibit M - January 2013 CAP, # 14 Exhibit N - February 2013 CAP, # 15 Exhibit O - May 14-16, 2013 Follow-up Monitoring Report, # 16 Exhibit P - Reports of Cleared Petitioners, # 17 Exhibit Q - MOA Addendum)(Matheny, Justin) (Entered: 06/28/2013)

1 Exhibit A - State Administrative Complaint

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2 Exhibit B - November 22, 2010 Report

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3 Exhibit C - December 2010 CAP

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4 Exhibit D - September 2011 Revised CAP

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5 Exhibit E - September 26, 2011 MDE Review of Revised CAP

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6 Exhibit F - November 15-16, 2011 Follow-up Monitoring Report

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7 Exhibit G - May 31, 2012 Accreditation Order

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8 Exhibit H - April 18-20, 2012 Follow-up Monitoring Report

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9 Exhibit I - July 2012 CAP

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10 Exhibit J - October 16-19, 2012 Follow-up Monitoring Report

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11 Exhibit K - October 19, 2012 MBE Agenda

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12 Exhibit L - November 2, Memorandum of Agreement/Compliance Agreement

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13 Exhibit M - January 2013 CAP

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14 Exhibit N - February 2013 CAP

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15 Exhibit O - May 14-16, 2013 Follow-up Monitoring Report

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16 Exhibit P - Reports of Cleared Petitioners

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17 Exhibit Q - MOA Addendum

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June 28, 2013

June 28, 2013

PACER
40

MEMORANDUM in Support re 39 MOTION to Dismiss filed by Mississippi Department of Education (Matheny, Justin) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
41

RESPONSE in Opposition re 35 MOTION to Certify Class filed by Mississippi Department of Education (Minor, Wilson) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
42

MEMORANDUM IN OPPOSITION re 35 MOTION to Certify Class filed by Mississippi Department of Education (Minor, Wilson) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
43

MOTION for Discovery by E.H., J.P. (Attachments: # 1 Exhibit Declaration of Corrie W. Cockrell)(Cockrell, Corrie) (Entered: 07/02/2013)

1 Exhibit Declaration of Corrie W. Cockrell

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July 2, 2013

July 2, 2013

PACER

TEXT ONLY ORDER granting 38 Unopposed Motion for Leave to File Excess Pages. Defendant's memorandum and rebuttal briefs for its Motion to Dismiss 39 may not exceed a total of 75 pages. Signed by District Judge Daniel P. Jordan III on July 3, 2013. No further written order will issue. (AH)

July 3, 2013

July 3, 2013

PACER
44

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss by E.H., J.P. (Cockrell, Corrie) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER

TEXT ONLY ORDER granting 44 Unopposed Motion for Extension of Time to File Response/Reply. Plaintiffs Response to Defendant's Motion to Dismiss 39 is due within 10 days of the Court's ruling on the pending Motion for Discovery 43, unless that ruling specifies differently. Signed by District Judge Daniel P. Jordan III on July 9, 2013. No further written order will issue. (AH)

July 9, 2013

July 9, 2013

PACER
45

MOTION for Leave to File Excess Pages by E.H., J.P. (Cockrell, Corrie) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
46

REPLY to Response to Motion re 41 Response in Opposition to Motion, 42 Memorandum in Opposition filed by E.H., J.P. (Cockrell, Corrie) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
47

RESPONSE in Opposition re 43 MOTION for Discovery filed by Mississippi Department of Education (Matheny, Justin) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
48

MEMORANDUM in Opposition re 43 MOTION for Discovery filed by Mississippi Department of Education (Matheny, Justin) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER

TEXT ONLY ORDER granting 45 Motion for Leave to File Excess Pages. The motion indicates it is unopposed. Signed by District Judge Daniel P. Jordan III on July 12, 2013. No further written order will issue. (AH)

July 12, 2013

July 12, 2013

PACER
49

RESPONSE in Support re 43 MOTION for Discovery filed by E.H., J.P. (Cockrell, Corrie) (Entered: 07/22/2013)

July 22, 2013

July 22, 2013

PACER
50

MOTION to Withdraw as Attorney by E.H., J.P. (Carroll, Vanessa) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
51

ORDER granting 50 Motion to Withdraw as Attorney. Attorney Vanessa Judith Carroll terminated Signed by Magistrate Judge F. Keith Ball on 8/19/13 (dfk) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

PACER
52

ORDER denying 43 Motion for Discovery for the reasons set out in the order. Signed by District Judge Daniel P. Jordan III on September 6, 2013. (SP) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

RECAP
53

RESPONSE in Opposition re 39 MOTION to Dismiss filed by E.H., J.P. (Cockrell, Corrie) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
54

Rebuttal re 39 MOTION to Dismiss filed by Mississippi Department of Education (Attachments: # 1 Exhibit 1 - Addendum to Memorandum of Agreement)(Matheny, Justin) (Entered: 09/26/2013)

1 Exhibit 1 - Addendum to Memorandum of Agreement

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Sept. 26, 2013

Sept. 26, 2013

PACER
55

ATTACHMENT re 39 MOTION to Dismiss MISSISSIPPI DEPARTMENT OF EDUCATION'S SUPPLEMENT TO MOTION TO DISMISS by Mississippi Department of Education (Attachments: # 1 Exhibit A - MDE's Office of Special Educations's February 12, 2014 M Follow-up Monitoring Report, # 2 Exhibit B - Transition Plan, # 3 Exhibit C - Minutes for the State Board of Educations monthly February 20, 2014 Board Meeting, # 4 Exhibit D - JPSs March 5, 2014 transmittal letter and Sustainability Plan)(Matheny, Justin) (Entered: 03/07/2014)

1 Exhibit A - MDE's Office of Special Educations's February 12, 2014 M F

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2 Exhibit B - Transition Plan

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3 Exhibit C - Minutes for the State Board of Educations monthly February 20, 2014

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4 Exhibit D - JPSs March 5, 2014 transmittal letter and Sustainability Plan

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March 7, 2014

March 7, 2014

PACER
56

MOTION to Strike 55 Attachment,, by E.H., J.P. (Cockrell, Corrie) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
57

RESPONSE to Motion re 56 MOTION to Strike 55 Attachment,, filed by Mississippi Department of Education (Matheny, Justin) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
58

RESPONSE to Motion re 57 Response to Motion in Further Support of Motion to Deem Irrelevant Defendant's Supplement to Its Motion to Dismiss or In the Alternative Motion to Strike filed by E.H., J.P., R.T. (Cockrell, Corrie) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
59

MOTION to Stay Proceedings by E.H., J.P., Mississippi Department of Education (Cockrell, Corrie) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
60

ORDER granting 59 Motion to Stay Proceedings. Signed by District Judge Daniel P. Jordan III on April 18, 2014. (SP) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER

Set Hearing: Settlement Conference set for 7/1/2014 09:00 AM before Magistrate Judge F. Keith Ball. Seven (7) days prior to the settlement conference, the parties shall submit via e-mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. (JEJ)

April 25, 2014

April 25, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 7/1/2014 in Jackson, MS. Appearing: Jerri Katzerman, Sarah Bidinger, Wendell Hutchinson, Corrie Cockrell, Jody Owens, Jim Comstock-Galagan, Justin Matheny, Wilson Minor, Heather Deaton, Kathy Botelevl and Dr. Jill Benton. This case did not settle. (JEJ)

July 1, 2014

July 1, 2014

PACER

Set Hearing: Settlement Conference set for 8/15/2014 09:00 AM before Magistrate Judge F. Keith Ball in chambers. Seven (7) days prior to the settlement conference, the parties shall submit via e-mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. (JEJ)

July 2, 2014

July 2, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 8/15/2014 in Jackson, MS. Appearing: Corrie Cockrell, Jerri Katzerman, Wendell Hutchinson, Rachel Harper, Jody Owens, Wilson Minor, Harold Pizzetta, Gretchen Cagle, Heather Deaton, Kathy Boteler and Kim Benton. This case did not settle. (JEJ)

Aug. 15, 2014

Aug. 15, 2014

PACER

Set Hearing: Telephonic Status Conference set for 8/22/2014 09:00 AM before Magistrate Judge F. Keith Ball. Defense counsel shall set up the telephone conference and contact the Court at 601-608-4460. (JEJ)

Aug. 19, 2014

Aug. 19, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 8/22/2014 in Jackson, MS. (JEJ)

Aug. 22, 2014

Aug. 22, 2014

PACER

Set Hearing: Telephonic Status Conference set for 8/29/2014 08:45 AM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall set up the conference and contact the Court at 601-608-4460. (JEJ)

Aug. 22, 2014

Aug. 22, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 8/29/2014. (JEJ)

Aug. 29, 2014

Aug. 29, 2014

PACER
61

Joint MOTION to Administratively Close the Case by Mississippi Department of Education (Attachments: # 1 Exhibit A - Settlement Agreement)(Minor, Wilson) (Entered: 09/29/2014)

1 Exhibit A - Settlement Agreement

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Sept. 29, 2014

Sept. 29, 2014

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Disability Rights

Key Dates

Filing Date: July 10, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of disabled public school students who received inadequate educational services due to the school district's systemic violations of the Individuals with Disabilities Education Improvement Act, and had requested the state education agency's assistance in correction of such violations.

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Mississippi, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2014 - 2015

Content of Injunction:

Discrimination Prohibition

Reasonable Accommodation

Preliminary relief request withdrawn/mooted

Issues

General:

Access to public accommodations - governmental

Classification / placement

Communication skills

Disparate Impact

Disparate Treatment

Education

Individualized planning

Juveniles

Reasonable Accommodations

Reasonable Modifications

School/University Facilities

School/University policies

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental Disability:

Intellectual/developmental disability, unspecified

Learning disability

Type of Facility:

Government-run