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Case: Lopez v. Metro. Gov’t of Nashville & Davidson Cnty.

3:07-cv-00799 | U.S. District Court for the Middle District of Tennessee

Filed Date: July 30, 2007

Closed Date: Nov. 15, 2010

Clearinghouse coding complete

Case Summary

In July 2007, a special education student who was sexually assaulted and harassed by other students sued the Board of Education for the Metropolitan Nashville Public Schools ("MNPS") in Tennessee state court. The plaintiff later added Genesis Learning Center, the school he attended, as a defendant. The plaintiff, represented by private counsel, asked the court for punitive damages and attorneys' fees, claiming that the defendants violated 42 U.S.C. § 1983 and Tennessee state law due to their de…

In July 2007, a special education student who was sexually assaulted and harassed by other students sued the Board of Education for the Metropolitan Nashville Public Schools ("MNPS") in Tennessee state court. The plaintiff later added Genesis Learning Center, the school he attended, as a defendant. The plaintiff, represented by private counsel, asked the court for punitive damages and attorneys' fees, claiming that the defendants violated 42 U.S.C. § 1983 and Tennessee state law due to their deliberate indifference towards the plaintiff's special needs and the harassment he experienced; failure to train and supervise bus drivers; retaliation against the plaintiff based on his exercise of constitutional and statutory rights; breach of special custodial arrangement; a state-created danger; and violation of due process under the Fourteenth Amendment. Finally, the plaintiff claimed that the defendants' failure to properly perform their respective duties to provide for him with appropriate transportation violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, and their indifference to sexual conduct based on the plaintiff's sex violated Title IX.

The case was removed to the U.S. District Court for the Middle District of Tennessee on August 2, 2007. In his complaint, the plaintiff sought class certification on behalf of similarly situated special education students, but this request was denied on April 1, 2008 (Judge Robert L. Echols). On September 14, 2007, the Board of Education was dismissed from the action and replaced with the Metropolitan Government of Nashville and Davidson County ("Metro").

After almost a year of discovery, the United States moved to intervene on behalf of the plaintiff on September 10, 2008 and the Court (Magistrate Judge Juliet E. Griffin) granted the motion on November 4. See Lopez v. Metro. Gov't of Nashville & Davidson Cnty., No. 3-07-0799, 2008 WL4831318, at *1 (M.D. Tenn. Nov. 4, 2008).

On January 15, 2009, all parties cross-moved for summary judgment. On July 7, 2009, the Court (Judge Robert L. Echols) denied the plaintiffs' motions for summary judgment. Lopez v. Metro. Gov't of Nashville & Davidson Cnty., 646 F. Supp. 2d 891, 922 (M.D. Tenn. 2009). The Court also denied in part and granted in part the defendants' motions for summary judgment. See id. The Court granted Genesis' Motion regarding plaintiff's § 1983, Americans With Disabilities Act, and Rehabilitation Act claims, leaving plaintiff's Title IX and state negligence claims standing against them. See id. As for Metro, the Court granted its motion regarding plaintiff's Equal Protection, failure to train, ADA, and Rehabilitation Act claims, but denied the motion in regard to plaintiff's state law negligence and state-created danger claims under § 1983, and his Title IX claims. See id.

On February 9, 2010, the Court entered a consent decree and settlement negotiated between the United States and Metro, dismissing Metro from the case. The decree required Metro, overseen by the United States, to eliminate unreasonable risks of sexual harassment to students with disabilities attending MNPS schools and to establish reporting requirements and bus monitors. The settlement required Metro to pay the plaintiff $1,475,000, attorneys' fees amounting to $85,618.13; a contribution of no more than $139,539.18 to the plaintiff's insurance company; and $25,000 to the plaintiff's mother for travel and time spent away from work. On February 23, 2010, the United States was dismissed from the case, as its claims were dealt with in the decree.

After continued discovery, Genesis and the plaintiff went to trial, and the jury returned a judgment in favor of Genesis on March 17, 2010. On June 3, 2010, Genesis' motion for costs was dismissed without prejudice, and their motion for attorney's fees was denied. The Court also denied the plaintiff's motion for a new trial and his motion for oral argument.

On June 16, 2010, the plaintiff appealed the court's order granting the defendant's motion for summary judgment (July 7, 2009) and the court's order denying plaintiff's motion for new trial (June 3, 2010) to the United States Court of Appeals for the Sixth Circuit. On June 30, 2010, Genesis cross-appealed. On July 12, 2010, the Court taxed costs against the plaintiff in favor of Genesis for $10,263.06.

On September 7, 2010, the case was remanded from the Court of Appeals to the District Court, based on an agreement reached in the parties' settlement discussions. On September 8, the Court (Judge Juliet E. Griffin) entered the parties' settlement, which required Genesis to pay the plaintiff $25,000 and for the parties' appeals to be dismissed with prejudice. On November 15, 2010, the Court dismissed the case with prejudice, constituting the final judgment in the case.

Summary Authors

Stella Cernak (3/23/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4726236/parties/lopez-v-metro/


Judge(s)

Echols, Robert L. (Tennessee)

Griffin, Juliet E. (Tennessee)

Attorneys(s) for Plaintiff

Blackburn, William Gary (Tennessee)

Clemmons, John R. (Tennessee)

Homlar, Robert T. (Tennessee)

McCune, Malcolm L. (Tennessee)

Attorneys(s) for Defendant

Bay, R. Dale (Tennessee)

Bergeron, Jason M. (Tennessee)

Blair, Keith W. (Tennessee)

Bussell, Allison L. (Tennessee)

Judge(s)

Echols, Robert L. (Tennessee)

Griffin, Juliet E. (Tennessee)

Attorneys(s) for Plaintiff

Blackburn, William Gary (Tennessee)

Clemmons, John R. (Tennessee)

Homlar, Robert T. (Tennessee)

McCune, Malcolm L. (Tennessee)

Attorneys(s) for Defendant

Bay, R. Dale (Tennessee)

Bergeron, Jason M. (Tennessee)

Blair, Keith W. (Tennessee)

Bussell, Allison L. (Tennessee)

Chamness, Jay N. (Tennessee)

Charles, James Lawrence (Tennessee)

Farrar, James W.J. (Tennessee)

Klein, Kevin C. (Tennessee)

Mink, Thomas F. II (Tennessee)

Rose, Benjamin M. (Tennessee)

Simms, James K. (Tennessee)

Young, Francis Howard (Tennessee)

Other Attorney(s)

Becker, Grace Chung (District of Columbia)

Berman, Amy I. (District of Columbia)

Fischbach, Jonathan (District of Columbia)

Glassman, Jeremiah (District of Columbia)

McLaurin, Luke A. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Tennent, Richard L. (Tennessee)

Wildasin, Mark H. (Tennessee)

Yarbrough, Edward M. (Tennessee)

Documents in the Clearinghouse

Document

3:07-cv-00799

Docket [PACER]

Lopez v. Metro

Nov. 15, 2010

Nov. 15, 2010

Docket
1

3:07-cv-00799

Notice of Removal [Original Complaint Attached]

Lopez v. Metro

Aug. 2, 2007

Aug. 2, 2007

Pleading / Motion / Brief
87

3:07-cv-00799

Order

Lopez v. Metro

April 1, 2008

April 1, 2008

Order/Opinion
98

3:07-cv-00799

Fourth Amended Complaint

Kimberly Lopez v. Metropolitan Government of Nashville and Davidson County

June 27, 2008

June 27, 2008

Complaint
109

3:07-cv-00799

Complaint in Intervention

Lopez v. Metro

Sept. 10, 2008

Sept. 10, 2008

Complaint
459

3:07-cv-00799

Memorandum [Denying Motions for Summary Judgment]

Lopez v. Metro

July 7, 2009

July 7, 2009

Order/Opinion
488

3:07-cv-00799

Consent Decree

Lopez v. Metro

Jan. 27, 2010

Jan. 27, 2010

Pleading / Motion / Brief
517

3:07-cv-00799

Order [Approving Minor Settlement]

Lopez v. Metro

Feb. 9, 2010

Feb. 9, 2010

Order/Opinion
526

3:07-cv-00799

Order [Denying Motions in Limine]

Lopez v. Metro

Feb. 23, 2010

Feb. 23, 2010

Order/Opinion
587

3:07-cv-00799

Memorandum [Regarding Attorneys' Fees]

Lopez v. Metro

March 12, 2010

March 12, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4726236/lopez-v-metro/

Last updated Nov. 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by The Board of Education for the Metropolitan Nashville Public Schools from Circuit Court of Davidson County, Tennessee, case number 07−1687−IV.Filing fee paid $350. (Attachments: # 1 Original Complaint)(eh) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

2

NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

3

NOTICE of Initial Case Management Conference set for 10/5/2007 at 11:30 AM in Room 825 before District Judge Aleta A. Trauger. (eh) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

4

MOTION for Leave to Serve Expedited Discovery by Kimberly Lopez. (w/exhs. 1−4) (Homlar, Robert) Modified Text on 8/3/07 (jb). (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

Note to Filer re DE #4−Each exhibit should be filed as a separate attachment to the main document and the mandatory description field used. The mandatory description field should be used to accurately describe the contents of yourattachment (labeling as Exhibit A, B C or Exhibit 1, 2, 3 is not sufficient). This document does not need to be re−filed unless otherwise directed by the Court. (jb) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

5

RESPONSE to 4 Motion to Expedite Discovery filed by The Board of Education for the Metropolitan Nashville Public Schools. (Attachment: (1) Exhibit A − Affidavit of Sandra Burton) (Young, Francis) Modified on 8/7/07 (jb). (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

6

ORDER denying 4 Plaintiff's Motion for Leave to Serve Expedited Discovery. Signed by Judge Aleta A. Trauger on 8/7/07. (jb) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

Note to Filer re−DE #5−Signed affidavits should be filed as separate events, not as attachments to other pleadings. This document does not need to be re−filed unless otherwise directed by the Court. (jb) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

8

MOTION to Correct Misjoinder by The Board of Education for the Metropolitan Nashville Public Schools. (Young, Francis) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

9

ORDER granting 7 Motion for Extension of Time to Answer; The Board of Education for the Metropolitan Nashville Public Schools answer due 8/24/2007 . Signed by Judge Aleta A. Trauger on 8/16/07. (km, ) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

10

MOTION to Dismiss by The Board of Education for the Metropolitan Nashville Public Schools. (Young, Francis) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

11

MEMORANDUM in Support of 10 MOTION to Dismiss filed by The Board of Education for the Metropolitan Nashville Public Schools. (Attachments: # 1 Appendix McKnight−unpublished case# 2 Appendix Fairview Titans−unpublished case# 3 Appendix Clark−unpublished case)(Young, Francis) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

12

MOTION to Amend Complaint by Kimberly Lopez. (Attachment: (1) Exhibit 1 − Amended Complaint)(Homlar, Robert) Modified Text on 9/10/07 (jb). (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

13

RESPONSE in Opposition re 10 MOTION to Dismiss filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Weisbarth v. Geauga Park District, et al.# 2 Exhibit 2 − Westlaw − Lindsay v. Yates, et al.# 3 Exhibit 3 − Westlaw − McKnight et al. v. Gates# 4 Exhibit 4 − Westlaw − Hobson v. City of Memphis, et al.)(Homlar, Robert) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

14

ORDER granting 8 Motion to Correct Misjoinder. The Board of Education for the Metropolitan Nashville Public Schools shall be dropped as a deft, and the Metropolitan Government of Nashville and Davidson County shall be substituted as the sole deft; granting 12 Motion to Amend. Pltf shall file an amended complaint by 9/20/07; denying without prejudice 10 Motion to Dismiss. Signed by Judge Aleta A. Trauger on 9/14/07. (gi, ) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

15

AMENDED COMPLAINT against Metropolitan Government of Nashville &Davidson County, filed by Kimberly Lopez.(Homlar, Robert) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

16

MOTION to Dismiss Amended Complaint by Metropolitan Government of Nashville &Davidson County. (Young, Francis) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

17

MEMORANDUM in Support of 16 MOTION to Dismiss Amended Complaint filed by Metropolitan Government of Nashville &Davidson County. (Attachments: # 1 Appendix McKnight v. Gates−unpublished case# 2 Appendix Fairview Titans v. Anderson−unpublished case# 3 Appendix Clark v. Banks−unpublished case)(Young, Francis) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

18

PROPOSED CASE MANAGEMENT ORDER filed by all parties. (Homlar, Robert) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

19

RESPONSE in Opposition re 16 MOTION to Dismiss Amended Complaint filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Carlos B. Hobson v. City of Memphis, et al.)(Homlar, Robert) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

20

ORDER: Discussion at the initial case management conference held on 10/5/07 revealed that this case was a related case to Staehling v. Metropolitan Government of Nashville and Davidson County, Case No. 3:07−0797. Judge Trauger has conferred with Senior Judge Echols, who is assigned to the Staehling case, the earlier−filed case, and the judges are in agreement that, indeed, this case and the Staehling case are related under the factors set out in Administrative Order 176. This case is transferred to Senior Judge Echols for further handling. Signed by Judge Aleta A. Trauger on 10/5/07. (jb) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 10/5/2007. Order to enter (Court Reporter none.) (bb−j) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

22

ORDER: This case is REFERRED to Magistrate Judge Juliet E. Griffin for case management purposes pursuant to Local Rule 16.01. A proposed Initial Case Management Order has been filed by the parties (DE #18). Magistrate Judge Griffin will advise the parties by separate order concerning the re−setting of the Initial Case Management Conference. Signed by Judge Robert Echols on 10/23/07. (jb) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

23

MOTION for Consolidation and Argument in Support Thereof by Kimberly Lopez. (Attachment: (1) Exhibit 1 − David L. Carpenter et al. v. GAF Corporation, et al., Nicolet, Inc., et al.)(Homlar, Robert) Modified Text on 11/6/07 (jb). (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

24

MOTION to Class Determination by Kimberly Lopez. (Homlar, Robert) Modified Text on 11/15/07 (jb). (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

25

ORDER: The Initial Case Management Conference is rescheduled for 11/28/07 at 9:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. Signed by Judge Juliet E. Griffin on 11/19/07. (jb) (Entered: 11/20/2007)

Nov. 19, 2007

Nov. 19, 2007

26

MOTION for Extension of Time to Respond to 24 MOTION for Class Determination by Metropolitan Government of Nashville &Davidson County. (Young, Francis) Modified Text on 11/27/07 (jb). (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

Minute Entry for proceedings held before Judge Juliet E. Griffin : Initial Case Management Conference held on 11/28/2007; ORDER to enter. (Tape #G2007−126, 127.) (jwc) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

27

ORDER granting 26 Motion for Extension of Time to Respond to Motion for Class Determination. The time within which the defts shall respond to the motion is extended through 11/30/07. Signed by Judge Robert Echols on 11/30/07. (jb) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

28

MOTION to Revise 27 Order by Metropolitan Government of Nashville &Davidson County. (Young, Francis) Modified Text on 12/3/07 (jb). (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

29

ORDER: The 28 deft's motion to revise order is granted. As addressed at the initial case management conference held on 11/28/07, the pltf withdrew its 24 motion for class determination without prejudice. The Clerk is directed to terminate the 24 motion for class determination as pending. The time for the pltf to file a renewed motion for class certification with an accompanying memorandum is extended to 12/7/07. Any response to such a motion shall be filed 2 weeks of the filing of the motion or by 12/21/07, if the revised motion is filed on 12/7/07. Any reply, if necessary, shall be filed within 2 weeks of the filing of the response or by 1/4/08, if the response is filed on 12/12/07. All other matters addressed at the 11/28/07, initial case management conference will be addressed by separate order. Signed by Judge Juliet E. Griffin on 12/3/07. (jb) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

30

RESPONSE to Motion re 23 MOTION for Consolidation and Argument in Support Thereof filed by Metropolitan Government of Nashville &Davidson County. (Young, Francis) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

31

RENEWED MOTION for Class Determination by Kimberly Lopez. (Homlar, Robert) Modified Text on 12/10/2007 (dt). (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

32

MEMORANDUM in Support of 31 RENEWED MOTION for Class Determination filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Genesis Academy − Community Contact Log# 2 Exhibit 2 − Resp to Pltf First Set Rogs and RFP Docs# 3 Exhibit 3 − In Re: Aredia and Zometa Products Liability Litigation# 4 Exhibit 4 − Edward Day v. Check Brokerage Corp. et al.)(Homlar, Robert) Modified Text on 12/10/2007 (dt). (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

33

MOTION for Leave to File Reply to 30 Defendant's Response to 23 Plaintiffs' Motion for Consolidation by Kimberly Lopez. (Attachments: (1) Exhibit 1 − Reply to Defendant's Response to Plaintiffs' Motion for Consolidation)(Homlar, Robert) Modified Text on 12/13/07 (jb). (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

34

RESPONSE to 31 Renewed MOTION for Class Determination filed by Metropolitan Government of Nashville &Davidson County. (Attachments: (1) Appendix Reeb 1 (2) Appendix Mason)(Young, Francis) Modified Text on 12/26/07 (jb). (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

35

Second MOTION to Amend Complaint by Kimberly Lopez. (Attachments: (1) Exhibit 1 − Second Amended Complaint (2) Exhibit 2 − Affidavit of W. Gary Blackburn)(Homlar, Robert) Modified Text on 12/26/07 (jb). (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

Note to Filer re DE #35−Signed affidavits should be filed as separate events, not as attachments to other pleadings. This document does not need to be re−filed unless otherwise directed by the Court. (jb) (Entered: 12/26/2007)

Dec. 26, 2007

Dec. 26, 2007

36

MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof by Kimberly Lopez. (Attachments: (1) Exhibit 1 − Plaintiffs Rogs/RFP Docs (2) Exhibit 2 − Deft Resp to Rogs/RFP Docs (3) Exhibit 3 − Homlar 11.29.07 Ltr to Young &Farrar (4) Exhibit 4 − Young 12.07.07 Ltr to Homlar (5) Exhibit 5 − Young 12.14.07 Ltr to Homlar (6) Exhibit 6 − Shereen Eicholtz v. J.C. Penney Co., et al. (7) Exhibit 7 − Brian Wayne Miner v. Kendall, et al.)(Homlar, Robert) Modified Text on 1/2/08 (jb). (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

37

AFFIDAVIT of Robert T. Homlar in support of 36 MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/2/08 (jb). (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

38

CERTIFICATE of Good Faith in Support of 36 Plaintiff's Motion for Order Compelling Disclosure and Discovery filed by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/2/08 (jb). (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

39

REPLY to Response to Motion re 24 MOTION to Class Determination filed by Kimberly Lopez. (Homlar, Robert) (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

40

AFFIDAVIT of Kimberly D. Lopez in support of 39 REPLY to Response to Motion re 24 MOTION to Class Determination by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/7/08 (jb). (Entered: 01/04/2008)

Jan. 4, 2008

Jan. 4, 2008

41

MOTION for Extension of Time to Respond to 35 Second MOTION to Amend Complaint and 36 MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof by Metropolitan Government of Nashville &Davidson County. (Young, Francis) Modified Text on 1/9/08 (jb). (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

42

MOTION to Quash Deposition Subpoena by Kolby Harris. (Tennent, Richard) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

43

AFFIDAVIT of Richard Lewis Tennent in support of 42 MOTION to Quash Deposition Subpoena by Kolby Harris. (Tennent, Richard) Modified Text on 1/9/08 (jb). (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

44

ORDER granting 33 Motion for Leave to File Reply to Deft's Response to Pltf's Motion for Consolidation. The Clerk is directed to give Pltf's reply a separate docket entry number. Signed by Judge Robert Echols on 1/9/08. (jb) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

45

REPLY to Deft's Response to 23 Pltf's Motion for Consolidation filed by Kimberly Lopez. (jb) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

46

SUBPOENA issued to Kolby R. Harris and returned executed on 01/09/2008 as to Kolby R. Harris by Kimberly Lopez (Homlar, Robert) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

47

SUBPOENA issued to Terrilynn Annette Harris and returned executed on 01/09/2008 as to Terrilynn Annette Harris by Kimberly Lopez (Homlar, Robert) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

49

RESPONSE to Motion re 35 Second MOTION to Amend Complaint filed by Metropolitan Government of Nashville &Davidson County. (Young, Francis) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

50

MOTION for Protective Order and Limiting Order Re: Subpoena of School Records by Kolby Harris. (Attachment: (1) Exhibit Notice of Subpoena)(Tennent, Richard) Modified Text on 1/22/08 (jb). (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

51

RESPONSE to 36 MOTION for Order Compelling Disclosure and Discovery and Memorandum of Law in Support Thereof filed by Metropolitan Government of Nashville &Davidson County. (Attachments: (1) Exhibit A−Notice of Deposition and Subpoena# 2 Exhibit B−Supplemental Response to Interrogatory No.1)(Young, Francis) Modified on 1/23/08 (jb). (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

52

MOTION for Leave to File Reply to 51 Defendant's Response to Plaintiffs' Motion to Compel by Kimberly Lopez. (Attachments: (1) Exhibit A − Plaintiffs' Reply to Defendant's Response to Plaintiffs' Motion to Compel (2) Exhibit 1 to Exh. A − Referenced Pages of Depo Transcript of Linda DePriest)(Homlar, Robert) Modified Text on 1/31/08 (jb). (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

53

RESPONSE to 50 MOTION for Protective Order and Limiting Order Re: Subpoena of School Records filed by Kimberly Lopez. (Homlar, Robert) Modified Text on 1/31/08 (jb). (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

54

SECOND MOTION for Protective Order and Limiting Order re: Subpoena of School Records by Kolby Harris. (Tennent, Richard) Modified Text on 2/8/08 (jb). (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

55

RESPONSE to 54 Second Motion for Protective Order and Limiting Order re: Subpoena of School Records filed by Kimberly Lopez. (Homlar, Robert) Modified Text on 2/13/2008 (jb). (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

56

NOTICE of Appearance by Thomas F. Mink, II on behalf of Metropolitan Government of Nashville &Davidson County (Mink, Thomas) (Entered: 02/14/2008)

Feb. 14, 2008

Feb. 14, 2008

57

(DISREGARD THIS ENTRY−ATTY TO REFILE) Joint MOTION to Set Case Management Conference by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County, The Board of Education for the Metropolitan Nashville Public Schools. (Blackburn, William) Modified Text on 2/20/08 (jb). Modified on 2/21/08 (jb). (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

58

Joint MOTION to Set Case Management Conference by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County, The Board of Education for the Metropolitan Nashville Public Schools. (Blackburn, William) Modified Text on 2/21/08 (jb). (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

59

ORDER: The 58 Parties' Joint Motion to Set Case Management Conference is granted. A Case Management Conference is set for 3/6/08 at 9:00 AM in Courtroom 764. Signed by Judge Juliet E. Griffin on 2/29/08. (jb)

Feb. 29, 2008

Feb. 29, 2008

RECAP
60

NOTICE of Withdrawal of 23 Motion for Consolidation by Kimberly Lopez. (Blackburn, William) Modified Text on 3/5/08 (jb). (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

61

Third MOTION to Amend 15 Complaint by Kimberly Lopez. (Attachment: # 1 Exhibit 1 − Third Amended Complaint by Plaintiffs)(Blackburn, William) Modified Text on 3/5/08 (jb). (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

62

MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Blackburn, William) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

63

MEMORANDUM in Support of 62 MOTION for Summary Judgment by Plaintiffs filed by Kimberly Lopez Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment . (Attachments: # 1 Exhibit 1 − Depo. Transcript of Sandra Burton# 2 Exhibit 2 − Depo. Transcript of Linda DePriest# 3 Exhibit 3 − Depo. Transcript of Dr. Pedro Garcia# 4 Exhibit 4 − Defendant Response to Discovery# 5 Exhibit 5 − Defendant Metropolitan's Response to Discovery# 6 Exhibit 6 − Depo. Transcript of Gloria Smith# 7 Exhibit 7 − Depo. Transcript of Christopher Gaines# 8 Exhibit 8 − Eric Waller v. David Trippett# 9 Exhibit 9 − Cassia Enright et al. v. J.W. and T.P. et al.)(Blackburn, William) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

64

STATEMENT of Undisputed Material Facts in Support of 62 Plaintiffs' Motion for Summary Judgment filed by Kimberly Lopez. (Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

65

AFFIDAVIT of Kimberly D. Lopez in support of 62 MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

66

AFFIDAVIT of Terrilyn Harris in support of 62 MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

67

AFFIDAVIT of Robert T. Homlar in support of 62 MOTION for Summary Judgment by Plaintiffs by Kimberly Lopez. (Attachment: # 1 Exhibit A − IEP Regarding Gilbert Lopez)(Blackburn, William) Modified Text on 3/7/08 (jb). (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

68

MOTION for Leave to Physically File Exhibits by Kimberly Lopez. (Blackburn, William) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

Minute Entry for proceedings held before Judge Juliet E. Griffin : Case Management Conference held on 3/6/2008; ORDER to enter. (Tape #G2008−044, 045.) (jwc) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

69

*MODIFIED per Order 268 − See Order for details* AGREED PROTECTIVE ORDER RE: 50 54 . Deft and Genesis are directed to within 10 days of the entry of this Order, produce the information and documents responsive to the Pltfs' subpoenas. Signed by Judge Juliet E. Griffin on 3/7/08. (jb) Modified text on 3/5/2009 (tmw). (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

70

ORDER: Case Management Conference held 3/6/08. The 35 pltf's second motion to amend was granted. The 61 pltf's third motion to amend was granted. The Clerk is directed to file and docket the parties' third amended complaint attache d to the motion and to add Genesis Learning Centers as a deft in this case. The 68 pltf's motion for leave to physically file exhibits is granted. The pltf shall be permitted to manually file CD-R's as exhibits to the third amended compla int. Entry of the Agreed Protective Order grants 50 54 Motions for Protective Order. The 42 motion to quash deposition is granted. The 23 motion for consolidation is denied. By 3/20/08, the parties shall file a joint statement as outlined in this order. The 41 deft's motion for extension of time is granted nunc pro. The 52 pltf's motion for leave to file reply is granted. The Clerk is directed to file and docket the plaintiff's reply and attached exhibit. The deft shal l have until 3/26/08, to file a response to the motion for summary judgment. The pltf shall have 2 weeks from the filing of the response or until 4/9/08, if the response is filed on 3/26/08, to file a reply, if necessary. The parties shall proceed on the same discovery schedule as provided in the case of Staehling v. Metropolitan Government, 3-07-0797. Further Case Management Conference is set for 4/4/08 at 2:00 PM in Courtroom 764. Prior to April 4, 2008, counsel for the parties, including counsel for Genesis Learning Centers shall confer in an attempt to agree upon scheduling matters. Signed by Judge Juliet E. Griffin on 3/7/08. (jb) Modified on 3/7/08 (jb).

March 7, 2008

March 7, 2008

RECAP
71

THIRD AMENDED COMPLAINT against Genesis Learning Centers, Metropolitan Government of Nashville &Davidson County, filed by Kimberly Lopez.(jb) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

72

REPLY to Deft's Response to 36 Pltfs' Motion to Compel filed by Kimberly Lopez. (Attachment: # 1 Exhibit 1−Excerpts of Deposition of Linda Depriest)(jb)

March 7, 2008

March 7, 2008

74

SUMMONS returned executed by Kimberly Lopez. Genesis Learning Centers served on 3/13/2008. (Homlar, Robert) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

75

MOTION to Strike and/or Continue 62 MOTION for Summary Judgment by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) Modified Text on 3/19/08 (jb). (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

76

MEMORANDUM OF LAW in Support of 75 MOTION to Strike and/or Continue 62 MOTION for Summary Judgment filed by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) Modified Text on 3/19/08 (jb). (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

77

NOTICE of Appearance by James K. Simms, IV &Jay N. Chamness on behalf of Genesis Learning Centers. (Simms, James) Modified Text on 3/19/08 (jb). (Entered: 03/19/2008)

March 19, 2008

March 19, 2008

78

Joint STATEMENT Regarding 36 Plaintiffs' Motion to Compel by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Homlar, Robert) Modified Text on 3/21/08 (jb). (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

79

RESPONSE to 75 Motion to Strike and/or Continue 62 MOTION for Summary Judgment filed by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Michael Oatman v. John Potter, et al.# 2 Exhibit 2 − Michael McHugh v. Olympia Entertainment, Inc., et al.)(Homlar, Robert) Modified Text on 3/25/08 (jb). (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

80

MOTION to Set Case for Trial by Kimberly Lopez. (Homlar, Robert) Modified Text on 3/25/08 (jb). (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

81

Joint STATEMENT Regarding 36 Plaintiffs' Motion to Compel by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Homlar, Robert) Modified Text on 3/26/08 (jb). (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

82

(DISREGARD THIS ENTRY−ATTY TO REFILE) Joint MOTION Extending the Time for Defendant Metropolitian Government of Nashville and Davidson County's Response to 62 MOTION for Summary Judgment by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Attachment: # 1 Stipulation)(Mink, Thomas) Modified Text on 3/26/08 (jb). (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

83

Joint MOTION Extending the Time for Defendant Metropolitian Government of Nashville and Davidson County's Response to 62 MOTION for Summary Judgment by Kimberly Lopez, Metropolitan Government of Nashville &Davidson County. (Attachment: # 1 Stipulation)(Mink, Thomas) Modified Text on 3/26/08 (jb). (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

84

NOTICE of Physically Filing Exhibit re 70 Order by Kimberly Lopez. (Homlar, Robert) Modified Text on 3/26/08 (jb). (Entered: 03/26/2008)

March 26, 2008

March 26, 2008

Received Exhibit filed manually, see DE # 84 Notice. (jb) (Entered: 03/27/2008)

March 26, 2008

March 26, 2008

85

MOTION to Dismiss Third Amended Complaint by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

86

MEMORANDUM in Support of 85 MOTION to Dismiss Third Amended Complaint filed by Metropolitan Government of Nashville &Davidson County. (Mink, Thomas) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

87

ORDER: Defendant Metropolitan Government's 16 Motion to Dismiss Amended Complaint is denied. Plaintiffs' 31 Renewed Motion for Class Determination is denied. Plaintiffs' 62 Motion for Summary Judgment is denied. Defendant Metropo litan Governments' 75 Motion to Strike and/or Continue Plaintiffs' Motion for Summary Judgment is denied. The 83 "Joint Motion Extending the Time for Defendant, Metropolitian [sic] Government of Nashville and Davidson County's Response to Plaintiff's Motion for Summary Judgment" is denied as moot. Each party shall be permitted to file one additional dispositive motion which shall include request to dismiss and/or a request for summary judgment as appropriate. The deadline for filing of dispositive motions shall be set by Magistrate Judge Griffin at the previously scheduled 4/4/08 further case management conference. Signed by Senior Judge Robert Echols on 4/1/08. (jb)

April 1, 2008

April 1, 2008

RECAP
88

RESPONSE to Motion re 80 MOTION to Set Case for Trial filed by Genesis Learning Centers. (Simms, James) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

89

SUBPOENA issued to Sergeant Neal M. Cook, Evidence Custodian @ Metro Nashville Police Dept. and returned executed on 04/02/08 as to Sergeant Neal M. Cook, Evidence Custodian @ Metro Nashville Police Dept. by Kimberly Lopez (Homlar, Robert) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

Minute Entry for proceedings held before Magistrate Judge Juliet E. Griffin: Oral Argument/Discovery Hearing held on 4/4/2008; ORDER to enter. (Tape #G2008−058, 059.) (jwc) (Entered: 04/08/2008)

April 4, 2008

April 4, 2008

90

NOTICE OF PHYSICALLY FILING EXHIBITS re 70 Order by Kimberly Lopez. (Blackburn, William) Modified Text on 4/9/08 (jb). (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

Received Exhibits re: 90 Notice of Physically Filing Exhibits. (jb) (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

91

ANSWER to 71 Amended Complaint Plaintiffs' Third Amended Complaint by Genesis Learning Centers.(Simms, James) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

92

NOTICE of Appearance by attorneys R. Dale Bay and Jason M. Bergeron on behalf of Metropolitan Government of Nashville &Davidson County (Bay, R. Dale) Modified text on 4/25/2008 (km). (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

93

Fourth MOTION to Amend/Correct by Kimberly Lopez. (Attachments: # 1 Exhibit 1 − Fourth Amended Complaint)(Homlar, Robert) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

94

NOTICE of Appearance by John Ray Clemmons on behalf of Kimberly Lopez. (Blackburn, William) Modified on 5/9/2008 (gi). (Entered: 05/01/2008)

May 1, 2008

May 1, 2008

95

ORDER: 85 Motion to Dismiss Third Amended Complaint is denied, without prejudice to renewal once the pending fourth motion to amend 93 has been addressed and a final complaint is filed. The case is returned to the Magistrate Judge to address pltfs' fourth motion to amend 93 and motion to set case for trial 80 . The Magistrate Judge is directed to coordinate the trial date with Judge Echols' courtroom deputy. Signed by Senior Judge Robert Echols on 6/12/08. (km) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

Case Details

State / Territory: Tennessee

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 30, 2007

Closing Date: Nov. 15, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A special education student suffering from mental and emotional disabilities who was harassed and sexually assaulted while riding the school bus.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Metropolitan Government of Nashville and Davidson County (Nashville, Davidson), County

Genesis Learning Center, Private Entity/Person

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,750,157.31

Content of Injunction:

Magnet school

Busing

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Reporting

Monitor/Master

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Aggressive behavior

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Individualized planning

Record-keeping

Records Disclosure

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Sex discrimination

Affected Gender:

Male

Disability:

Mental impairment

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run