Case: Gaskin v. Commonwealth of Pennsylvania

2:94-cv-04048 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: June 30, 1994

Closed Date: 2010

Clearinghouse coding complete

Case Summary

The Public Interest Law Center filed this lawsuit on June 30, 1994 on behalf of a class of 280,000 special education students, 12 named plaintiffs, and 11 disabilities advocacy organizations against the Commonwealth of Pennsylvania in U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs alleged that the Pennsylvania Department of Education violated the Individuals with Disabilities in Education Act (IDEA), Section 504 of the Rehabilitation Act, and Title II of the Americ…

The Public Interest Law Center filed this lawsuit on June 30, 1994 on behalf of a class of 280,000 special education students, 12 named plaintiffs, and 11 disabilities advocacy organizations against the Commonwealth of Pennsylvania in U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs alleged that the Pennsylvania Department of Education violated the Individuals with Disabilities in Education Act (IDEA), Section 504 of the Rehabilitation Act, and Title II of the Americans with Disabilities Act (ADA).

The plaintiffs claimed that all school-age students with disabilities in Pennsylvania had been denied a free appropriate education in regular education classrooms with individual supportive services, and had been placed in regular education classrooms without the supportive services, individualized instruction, and accommodations they need to succeed in the regular education classroom.

Specifically, the plaintiffs claimed defendants failed to identify disabled students, develop individual educational programs or plans, and provide a free appropriate public education in the least restrictive environment to the maximum extent reasonably possible. Also, the plaintiffs claimed that defendants excluded disabled students solely because of their disability from participating in or from receiving the benefits of any program that received federal funding.

The plaintiffs sought to increase the number of children with disabilities educated with their non-disabled peers, and to make sure schools provided real supports to make sure inclusion would work as required by the IDEA. The lawsuit sought to change Pennsylvania’s systems for training districts in inclusion and for monitoring and enforcing inclusion compliance.

On August 29, 1994, the plaintiffs filed a motion for class certification, and the defendants filed a motion to dismiss the complaint. On March 8, 1995, the plaintiff filed a motion for preliminary injunction. No further information about the requested injunction is available, but on April 7, 1995, the court (Judge Eduardo Robreno) denied the plaintiff's motion for a preliminary injunction as moot. On March 31, 1995, the court denied the defendant's motion to dismiss the complaint.

The court also granted Pennsylvania State education Association and The Educational Support Personnel Association's motion to intervene. On June 12, 1995, the court granted the plaintiff's motion for class certification.

The parties continued to engage in extensive discovery, providing multiple case management plans extending the discovery period. The discovery led to the production of thousands of documents, taking of dozens of depositions, and exchanging of eighteen expert reports. The discovery encompassed the inclusion practices of every public school in the state.

On June 2, 1999, the plaintiffs deposed special education and general education teachers, and completed surveys of ten sample school districts. With help from experts, the plaintiffs conducted a scientific survey of ten school districts to determine what services actually were being provided to special education students; reviewed selected IEPs in those districts to see if the resources and services were actually delivered; and interviewed teachers and administrators to determine the basis of their placement decisions. The plaintiffs also reviewed the state’s compliance and monitoring systems, as well as statistics concerning placements in all state districts.

The parties continued up to filing a thirteenth amended joint case management plan on October 3, 2001. On July 22, 2012, following a discovery dispute, the Court appointed Judge Louis Bechtle, former Chief Judge of the United States District Court for the Eastern District of Pennsylvania, as Discovery Master in the case. With Judge Bechtle’s guidance, the parties completed discovery on May 30, 2003.

Thereafter, the parties filed cross-motions for summary judgment, along with responses and replies. On March 24, 2004, the Court heard oral argument on the summary judgment motions. After the oral argument, at the Court’s suggestion, on September 9, 2004, the parties agreed to participate in court-supervised mediation regarding settlement, with Judge Bechtle serving as a mediator.

On December 21, 2004, the parties filed a joint motion for approval of settlement agreement, memorandum, proposed order, and proposed settlement agreement. A hearing was held to consider provisional approval of the settlement agreement on April 20, 2005. At the Fairness Hearing, which was held on June 24, 2005, the court heard oral argument from the parties and other interested persons and received testimony from a special-education expert, Commonwealth officials, parents of several named plaintiffs, and certain representatives from advocacy groups. The parties submitted additional evidence through declarations and reports. The court ordered the parties to file a joint motion for final approval of the proposed settlement agreement. The joint motion was filed on August 5, 2005.

On September 19, 2005, the court granted the motion for final approval of the Settlement Agreement, ending 11 years of litigation regarding the education of students with disabilities in the least restrictive environment with supplementary aids and services in their neighborhood schools. Despite receiving several objections to the settlement agreement, the Court found the settlement agreement to be fair, reasonable, and adequate.

On October 28, 2005, one of the pro se beneficiaries of the settlement filed an appeal to the Court of Appeals, but on August 18, 2005, the appeal was dismissed.

The settlement agreement required an overhaul of the state’s systems for helping school districts comply with the IDEA’s inclusion mandates and then monitoring the defendant's compliance. It established tools for the Department of Education to monitor the quality of education for children with disabilities, require corrective action, and offer training for teachers and administrators.

In the settlement agreement, the Pennsylvania Department of Education agreed to make systemic changes pursuant to its general supervisory role over special education. The settlement agreement, effective for 5 years, included: increasing the state’s focus on districts with the worst records of inclusion, requiring corrective action plans; changing the complaint resolution process to increase parents’ rights; changing the approval process of districts’ special education programs; increased the state’s commitment to training and technical assistance; creating of an Advisory Panel to guide and assess progress in implementing the agreement other reforms in the state’s training, monitoring, and enforcement procedures.

Specifically, the Department of Education agreed to develop display materials for all public school showing all children are welcome; provide increased professional development for teachers and other school personnel; expand information and training that supports parents of children with disabilities; ensure that individualized education program teams determine the appropriateness of implementing goals in general education classrooms with supplementary aids and services; provide a single individualized education program for a student with a disability who also qualifies for gifted support; modify portions of the individualized education program to provide more information related to students participating in general education; clarify complaint resolution and investigation procedures; monitor of least restrictive environment requirements to ensure that districts comply with federal and state laws related to student placement.

The most significant aspect of the settlement agreement involved the provision for compliance monitoring, intended to ensure that local school districts are adhering to the IDEA and other federal and state laws that protect the rights of children with disabilities. The parties agreed that those school districts failing to comply with PDE’s corrective action plans--created to rectify deficiencies identified through any type of compliance monitoring--will be subject to sanctions and enforcement powers.

Under the agreement, the defendants agreed to pay plaintiffs $350,000 in full, final, and complete settlement and release of the plaintiffs’ claims for compensatory damages that have been asserted in this case. The plaintiffs would be responsible for allocating the $350,000 among themselves. Additionally, defendants would pay plaintiffs’ counsel $1,825,000 in full, final, and complete settlement and release of all claims by plaintiffs or their attorneys for attorneys’ fees and litigation costs.

On April 11, 2008, the plaintiffs filed a motion to enforce the settlement agreement. The parties agreed to enter mediation to discuss enforcement of the settlement agreement, and on December 15, 2008, the plaintiff's motion to enforce settlement agreement was denied without prejudice by the court. There are no additional updates on the trial court docket, and the case is presumed closed.

In the final months of the agreement’s five-year life, however, Advisory Panel established in the settlement released a report on June 3, 2010, condemning the Department’s failure to make significant improvements in the education of children with disabilities.

The panel concluded that the promise of the settlement agreement had not been realized. Overall, inclusion increased very slightly – Pennsylvania improved its standing from 49th in the country to 43rd – but inclusion for many more severe disabilities remained the same or even decreased. Further, the panel noted that they had no way to assess whether the services and supports necessary to make inclusion succeed were ever provided. Small improvements included a “Supplementary Aids and Services Toolkit” developed to help Individualized Education Program teams plan for inclusion, as well as marginal regulatory and training improvements.

The Panel’s report most harshly criticized the Department’s failure to substantively monitor the state’s worst performing districts and to take meaningful corrective action in those districts.

Summary Authors

Ginny Lee (3/19/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10743778/parties/gaskin-v-commonwealth-of-pa/


Judge(s)

Robreno, Eduardo C. (Pennsylvania)

Attorneys(s) for Plaintiff

Drumheiser, Phillip A. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Lapertosa, Max (Pennsylvania)

Lowenthal, Jessica R. (Pennsylvania)

Ransom, Barbara E. (Pennsylvania)

Attorneys(s) for Defendant

Barrett, Linda C. (Pennsylvania)

Cabell, Fredrick (Pennsylvania)

Fullerton, M Patricia (Pennsylvania)

Mosley, Gwendolyn T. (Pennsylvania)

Judge(s)

Robreno, Eduardo C. (Pennsylvania)

Attorneys(s) for Plaintiff

Drumheiser, Phillip A. (Pennsylvania)

Gran, Judith A. (Pennsylvania)

Lapertosa, Max (Pennsylvania)

Lowenthal, Jessica R. (Pennsylvania)

Ransom, Barbara E. (Pennsylvania)

Attorneys(s) for Defendant

Barrett, Linda C. (Pennsylvania)

Cabell, Fredrick (Pennsylvania)

Fullerton, M Patricia (Pennsylvania)

Mosley, Gwendolyn T. (Pennsylvania)

Shopp, Judy (Pennsylvania)

White, Lawrence (Pennsylvania)

Other Attorney(s)

Bechtle, Louis Charles (Pennsylvania)

Berk, Harold R. (Pennsylvania)

Driscoll, Donald (Pennsylvania)

Faust, Andrew E. (Pennsylvania)

Hopkins, Anthony Marc (Pennsylvania)

Katz, Ellis H. (Pennsylvania)

Levin, Michael I. (Pennsylvania)

Mullaly, Rosemary E. (Pennsylvania)

Petersen, Allison S. (Pennsylvania)

Rothschild, Eric J. (Pennsylvania)

Saia, Andria B. (Pennsylvania)

Saltz, Stephen T. (Pennsylvania)

Welling, Evalynn B. (Pennsylvania)

Witherel, Michael J. (Pennsylvania)

Documents in the Clearinghouse

Document

2:94-cv-04048

Docket

March 19, 2009

March 19, 2009

Docket
1

2:94-cv-04048

Complaint

Gaskin et al. v. Commonwealth of Pennsylvania

June 30, 1994

June 30, 1994

Complaint

2:94-cv-04048

Settlement Agreement

Gaskin et al. v. Commonwealth of Pennsylvania

Aug. 5, 2005

Aug. 5, 2005

Settlement Agreement
330

2:94-cv-04048

Opinion

Gaskin et al. v. Commonwealth of Pennsylvania

Sept. 19, 2005

Sept. 19, 2005

Order/Opinion

2:94-cv-04048

Final Report

Gaskin et al. v. Commonwealth of Pennsylvania

June 3, 2010

June 3, 2010

Findings Letter/Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10743778/gaskin-v-commonwealth-of-pa/

Last updated Aug. 8, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. filing fee $ 120 receipt # 529658 (jmp) (Entered: 07/01/1994)

June 30, 1994

June 30, 1994

PACER

Summons(es) issued Forwarded to: counsel 7/1/94 (jmp)

June 30, 1994

June 30, 1994

PACER

Special Case Management Track. (jmp)

June 30, 1994

June 30, 1994

PACER
2

Appearance of LINDA C. BARRETT for DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN, Certificate of Service. (gn) (Entered: 08/01/1994)

Aug. 1, 1994

Aug. 1, 1994

PACER
3

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES TO DISMISS THE COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(1), 12(b)(3) AND 12(b)(6), BRIEF IN SUPPORT, CERTIFICATES OF SERVICE. (jy) (Entered: 08/24/1994)

Aug. 24, 1994

Aug. 24, 1994

PACER
4

MOTION BY PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, PLAINTIFF JOHN FORTE FOR ENLARGEMENT OF TIME TO RESPOND THE DEFTS' MOTION TO DISMISS THE COMPLAINT, CERTIFICATION OF UNOPPOSED MOTION, CERTIFICATE OF SERVICE. (jmp) (Entered: 08/26/1994)

Aug. 26, 1994

Aug. 26, 1994

PACER
5

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE FOR CLASS CERTIFICATION, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 08/29/1994)

Aug. 29, 1994

Aug. 29, 1994

PACER
6

ORDER GRANTING [4-1] MOTION FOR ENLARGEMENT OF TIME TO RESPOND THE DEFTS' MOTION TO DISMISS THE COMPLAINT, RESPONSE TO MOTION reset to 10/8/94 for [3-1] MOTION TO DISMISS THE COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(1), 12(b)(3) AND 12(b)(6) ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 8/29/94 ENTERED AND COPIES MAILED. (gn) (Entered: 08/29/1994)

Aug. 29, 1994

Aug. 29, 1994

PACER
7

MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN, PLAINTIFF JOHN FORTE TO EXTEND TIME TO REPOND TO PLFF'S MOTION FOR CLASS CERTIFICATION, CERTIFICATE OF SERVICE. (gn) (Entered: 09/12/1994)

Sept. 12, 1994

Sept. 12, 1994

PACER
8

ORDER GRANTING [7-1] MOTION TO EXTEND TIME TO REPOND TO PLFF'S MOTION FOR CLASS CERTIFICATION, RESPONSE TO MOTION reset to 11/30/94 for [5-1] MOTION FOR CLASS CERTIFICATION ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 9/13/94 ENTERED AND COPIES MAILED. (gn) (Entered: 09/13/1994)

Sept. 13, 1994

Sept. 13, 1994

PACER
9

Response by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE to [3-1] MOTION TO DISMISS THE COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(1), 12(b)(3) AND 12(b)(6), Memorandum, Certificate of Service. (gn) (Entered: 10/12/1994)

Oct. 11, 1994

Oct. 11, 1994

PACER
10

Brief by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN in opposition to [5-1] MOTION FOR CLASS CERTIFICATION, Certificate of Service. (gn) (Entered: 11/30/1994)

Nov. 30, 1994

Nov. 30, 1994

PACER
11

Defts' documents in opposition to plffs' motion for class certification, Certificate of Service. (gn) (Entered: 11/30/1994)

Nov. 30, 1994

Nov. 30, 1994

PACER
12

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF CLASS CERTIFICATION, CERTIFICATE OF SERVICE. (gn) (Entered: 12/07/1994)

Dec. 7, 1994

Dec. 7, 1994

PACER
13

ORDER GRANTING [12-1] MOTION FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF CLASS CERTIFICATION, set PLFFS' REPLY MEMORANDUM DUE 1/17/95 ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 12/12/94 ENTERED AND COPIES MAILED. (gn) (Entered: 12/12/1994)

Dec. 12, 1994

Dec. 12, 1994

PACER
14

Reply Memorandum by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, PLAINTIFF JOHN FORTE in support of [5-1] MOTION FOR CLASS CERTIFICATION, Certificate of Service. (gn) (Entered: 01/19/1995)

Jan. 19, 1995

Jan. 19, 1995

PACER
15

MOTION BY DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN FOR PROTECTIVE ORDER, CERTIFICATE OF SERVICE. (lvj) (Entered: 02/27/1995)

Feb. 27, 1995

Feb. 27, 1995

PACER
16

Brief by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN in support of [15-1] MOTION FOR PROTECTIVE ORDER, certificate of service. (lvj) (Entered: 02/27/1995)

Feb. 27, 1995

Feb. 27, 1995

PACER
17

Documents in support by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN of MOTION FOR PROTECTIVE ORDER (lvj) (Entered: 02/28/1995)

Feb. 27, 1995

Feb. 27, 1995

PACER
18

Notice of hearing: set TELEPHONE CONFERENCE FOR 9:15 3/13/95, RESPONSE TO MOTION DUE 3/10/95 TO [15-1] MOTION FOR PROTECTIVE ORDER (gn) (Entered: 03/01/1995)

March 1, 1995

March 1, 1995

PACER
19

MOTION by PLAINTIFF ANNE CORR FOR PRELIMINARY INJUNCTION . (gn) (Entered: 03/08/1995)

March 8, 1995

March 8, 1995

PACER
20

Memorandum by PLAINTIFF ANNE CORR in support of [19-1] MOTION FOR PRELIMINARY INJUNCTION, Certificate of Service. (gn) (Entered: 03/08/1995)

March 8, 1995

March 8, 1995

PACER
21

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE TO COMPEL DEFTS TO PARTICIPATE IN THE DISCOVERY PROCESS, BRIEF, CERTIFICATE OF SERVICE. (gn) (Entered: 03/13/1995)

March 10, 1995

March 10, 1995

PACER

Memorandum by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE in opposition to [15-1] MOTION FOR PROTECTIVE ORDER, Brief, Certificate of Service. (See paper #21) (gn)

March 10, 1995

March 10, 1995

PACER
22

ORDER GRANTING [15-1] MOTION FOR PROTECTIVE ORDER. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 3/14/95 ENTERED AND COPIES MAILED. (gn) (Entered: 03/14/1995)

March 13, 1995

March 13, 1995

PACER

Certain documents governed by Protective Order. (gn)

March 13, 1995

March 13, 1995

PACER
23

Memorandum by MOVANT PA STATE EDUCATION, MOVANT EDUCATIONAL SUPPORT in support of motion to intervene of right or in the alternative to intervene permissibly, Certificate of Service. (Answer of Intervenors PSEA & ESPA attached) (gn) (Entered: 03/21/1995)

March 20, 1995

March 20, 1995

PACER
24

Brief by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN in opposition to [19-1] MOTION FOR PRELIMINARY INJUNCTION, Certificate of Service. (gn) (Entered: 03/21/1995)

March 20, 1995

March 20, 1995

PACER
25

MOTION by MOVANT PA STATE EDUCATION, MOVANT EDUCATIONAL SUPPORT TO INTERVENE OF RIGHT OR IN THE ALTERNATIVE TO INTERVENE PERMISSIBLY, CERTIFICATE OF SERVICE. (gn) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

PACER
26

Praecipe by MOVANT PA STATE EDUCATION, MOVANT EDUCATIONAL SUPPORT to withdraw the motion to Intervene filed 3/21/95, and the Memorandum of Law & Responsive pleading filed 3/20/95, Certificate of Service. (gn) Modified on 03/23/1995 (Entered: 03/23/1995)

March 22, 1995

March 22, 1995

PACER
27

MOTION by MOVANT PA STATE EDUCATION, MOVANT EDUCATIONAL SUPPORT TO INTERVENE OR RIGHT OR IN THE ALTERNATIVE TO INTERVENE PERMISSIBLY, MEMORANDUM, CERTIFICATE OF SERVICE. (Answer of Intervenors attached) (gn) Modified on 03/23/1995 (Entered: 03/23/1995)

March 22, 1995

March 22, 1995

PACER
28

ORDER THAT A TELEPHONE CONFERENCE ON PLFFS' MOTION FOR CLASS CERTIFICATION AND PLFF ANNE CORR'S MOTION FOR PRELIMINARY INJUNCTION IS SCHEDULED. set TELEPHONE CONFERENCE FOR 9:00 4/7/95 ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 3/31/95 ENTERED AND COPIES MAILED BY CHAMBERS. (gn) (Entered: 03/31/1995)

March 30, 1995

March 30, 1995

PACER
29

ORDER-MEMORANDUM DENYING WITHOUT PREJUDICE [3-1] MOTION TO DISMISS THE COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(1), 12(b)(3) AND 12(b)(6) ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 3/31/95 ENTERED AND COPIES MAILED. (gn) (Entered: 03/31/1995)

March 30, 1995

March 30, 1995

PACER
30

Praecipe by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE to withdraw motion for preliminary injunction on behalf of Anne Corr, Certificate of Service. (gn) (Entered: 03/31/1995)

March 31, 1995

March 31, 1995

PACER
31

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE TO EXTEND TIME TO RESPOND TO MOTION TO INTERVENE OF THE PA. STATE EDUCATION ASSOCIATION ET AL CERTIFICATE OF SERVICE. (gn) (Entered: 04/03/1995)

April 3, 1995

April 3, 1995

PACER
32

UNCONTESTED MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN TO EXTEND TIME, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (gn) Modified on 04/03/1995 (Entered: 04/03/1995)

April 3, 1995

April 3, 1995

PACER
33

ORDER GRANTING MOTION TO EXTEND TIME TO RESPOND TO MOTION TO INTERVENE OF THE PA. STATE EDUCATION ASSOCIATION ET AL. PLFFS' RESPONSE TO THE MOTION SHALL BE DUE ON OR BEFORE 4/17/95. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 4/6/95 ENTERED AND COPIES MAILED. (gn) (Entered: 04/06/1995)

April 5, 1995

April 5, 1995

PACER
34

ORDER THAT THE TIME FOR DEFTS TO RESPOND TO THE MOTION TO INTERVENE IS EXTENDED TO 4/17/95. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 4/6/95 ENTERED AND COPIES MAILED. (gn) (Entered: 04/06/1995)

April 5, 1995

April 5, 1995

PACER
35

STIPULATION AND PROTECTIVE ORDER WITH COURT APPROVAL. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 4/10/95 ENTERED AND COPIES MAILED. (gn) (Entered: 04/10/1995)

April 7, 1995

April 7, 1995

PACER
36

ORDER THAT PLFF ANNE COOR'S MOTION FOR A PRELIMINARY INJUNCTION IS DENIED AS MOOT. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 4/10/95 ENTERED AND COPIES MAILED. (gn) (Entered: 04/10/1995)

April 7, 1995

April 7, 1995

PACER
37

ORDER THAT DEFTS' ORAL MOTION FOR AN EXTENSION OF TIME TO FILE AN ANSWER TO THE COMPLAINT IS GRANTED, AND DEFTS' ANSWER WHALL BE FILED 10 DAYS AFTER THE COURT ENTERES AN ORDER DECIDING THE MOTION TO INTERVENE OF THE PA. STATE EDUCATION ASSOCIATION AND THE EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 4/10/95 ENTERED AND COPIES MAILED. (gn) (Entered: 04/10/1995)

April 7, 1995

April 7, 1995

PACER
38

Withdrawal of appearance by BARBARA E. RANSOM for PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, Certificate of Service. (gn) (Entered: 04/11/1995)

April 11, 1995

April 11, 1995

PACER
39

Brief by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN, PLAINTIFF JOHN FORTE in opposition to PSEA and ESPA's motion to intervene or right or in the alternative to intervene permissibly, Certificate of Service. (gn) (Entered: 04/17/1995)

April 17, 1995

April 17, 1995

PACER
40

Response by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE to to the application of The Pennsylvania State Education Association and Educational Support Personnel Association for Leave to Intervene, Certificate of Service. (gn) (Entered: 04/19/1995)

April 19, 1995

April 19, 1995

PACER
41

MOTION by MOVANT PA STATE EDUCATION, MOVANT EDUCATIONAL SUPPORT FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF MOTION TO INTERVENE, CERTIFICATE OF SERVICE. (gn) (Entered: 04/20/1995)

April 19, 1995

April 19, 1995

PACER
42

ORDER THAT PA. STATE EDUCATION ASSOCIATION'S & THE EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION TO INTERVENE IS GRANTED. A REPLY BRIEF SHALL BE FILED BY 4/26/95. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 4/27/95 ENTERED AND COPIES MAILED. (gn) (Entered: 04/27/1995)

April 26, 1995

April 26, 1995

PACER
43

Reply Memorandum by MOVANT PA STATE EDUCATION, MOVANT EDUCATIONAL SUPPORT in support of their motion to intervene, Certificate of Service. (gn) (Entered: 04/27/1995)

April 26, 1995

April 26, 1995

PACER
44

ORDER-MEMORANDUM THAT THE MOTION IS DENIED WITHOUT PREJUDICE TO APPLICANTS' RIGHT TO RE-ASSERT IT WITHIN FIFTEEN DAYS OF ANY RULING BY THE COURT ON THE MERITS IN FAVOR OF THE PLFFS. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 5/30/95 ENTERED AND COPIES MAILED. (gn) (Entered: 05/30/1995)

May 26, 1995

May 26, 1995

PACER
45

Answer to Complaint by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, Certificate of Service. (gn) (Entered: 06/06/1995)

June 5, 1995

June 5, 1995

PACER

ISSUE JOINED. (gn)

June 5, 1995

June 5, 1995

PACER
46

ORDER-MEMORANDUM GRANTING PLFFS' MOTION FOR CLASS CERTIFICATION. ACCORDINGLY, THE MOTION TO DIVIDE THE CLASS INTO TWO SUBCLASSES WILL BE DENIED WITHOUT PREJUDICE TO PLFFS' RIGHT TO RE-ASSERT IT AT A LATER POINT IN THE LITIGATION, IF NECESSARY. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 6/12/95 ENTERED AND COPIES MAILED. (gn) (Entered: 06/12/1995)

June 12, 1995

June 12, 1995

PACER
47

ORDER THAT, PURSUANT TO CHAPTER III OF THE CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLAN (EFFECTIVE DECEMBER 31, 1991), THE PARTIES SHALL SUBMIT A PROPOSED CASE MANAGEMENT PLAN BY JULY 10, 1995. (SIGNED BY JUDGE EDUARDO C. ROBRENO) 6/15/95 ENTERED AND COPIES MAILED. (mec) (Entered: 06/15/1995)

June 14, 1995

June 14, 1995

PACER
48

Joint Case Management Plan, Certificate of Service. (mc) (Entered: 07/10/1995)

July 10, 1995

July 10, 1995

PACER
49

ORDER THAT AN INITIAL PRETRIAL CONFERENCE IS SCHEDULED FOR 7/27/95 AT 4:00 P.M. IN COURTROOM 3-A. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 7/19/95 ENTERED AND COPIES MAILED. (gn) (Entered: 07/19/1995)

July 18, 1995

July 18, 1995

PACER
50

ORDER DENYING AS MOOT PLFFS' MOTION TO COMPEL DEFTS TO PARTICIPATE IN THE DISCOVERY PROCESS ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 7/28/95 ENTERED AND COPIES MAILED. (gn) (Entered: 07/28/1995)

July 28, 1995

July 28, 1995

PACER
51

ORDER THAT PLFF'S COUNSEL SHALL SEND A LETTER TO THE COURT 90 DAYS FROM THE DATE OF THIS ORDER AND EVERY 90 DAYS THEREAFTER, REPORTING TO THE COURT ON THE STATUS OF DISCOVERY IN THE CASE. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 7/28/95 ENTERED AND COPIES MAILED. (gn) (Entered: 07/28/1995)

July 28, 1995

July 28, 1995

PACER
52

ORDER THAT A RULE IS ISSUED UPON PLFFS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO COMPLY WITH THE COURT'S ORDER OF 7/28/95 (DOCKET ENTRY NO. 51), REQUIRING THE SUBMISSION OF A STATUS REPORT TO THE COURT WITHIN 90 DAYS FROM THE DATE OF THE ORDER. A WRITTEN RESPONSE BY PLFFS SHALL BE DUE BY 11/16/95. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 11/9/95 ENTERED AND COPIES MAILED. (gn) (Entered: 11/09/1995)

Nov. 8, 1995

Nov. 8, 1995

PACER
53

First 90-Day Status Report of PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, Certificate of Service. (gn) (Entered: 11/17/1995)

Nov. 16, 1995

Nov. 16, 1995

PACER
54

Response by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE to Rule to Show Cause, Certificate of Service. (gn) (Entered: 11/17/1995)

Nov. 16, 1995

Nov. 16, 1995

PACER
55

ORDER THAT PLFF'S FIRST STATUS REPORT AND PLFF'S RESPONSE TO RULE TO SHOW CAUSE, THE RULE IS DISSOLVED, PLFF HAVING SHOWN EXCUSABLE NEGLECT. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 11/20/95 ENTERED AND COPIES MAILED. (gn) (Entered: 11/20/1995)

Nov. 20, 1995

Nov. 20, 1995

PACER
56

Addendum of ALL DEFENDANTS to plaintiffs' first 90-day status report, certificate of service. (gm) (Entered: 11/24/1995)

Nov. 22, 1995

Nov. 22, 1995

PACER
57

Response by ALL DEFENDANTS to plaintiff's response to rule to show cause, certificate of service. (gm) (Entered: 11/24/1995)

Nov. 22, 1995

Nov. 22, 1995

PACER
58

Second 90-Day Status Report of PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, PLAINTIFF JOHN FORTE, Certificate of Service. (gn) (Entered: 01/29/1996)

Jan. 29, 1996

Jan. 29, 1996

PACER
59

Defts' Second Status Report, Certificate of Service. (gn) (Entered: 02/05/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER
60

Appearance of FREDRICK CABELL JR. for DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN, Certificate of Service. (gn) (Entered: 02/16/1996)

Feb. 15, 1996

Feb. 15, 1996

PACER
61

Appearance of YVONNE M. HUSIC for PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, PLAINTIFF JOHN FORTE, Certificate of Service. (gn) (Entered: 02/28/1996)

Feb. 28, 1996

Feb. 28, 1996

PACER
62

UNOPPOSED MOTION BY DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN REQUESTING APPROVAL OF SECOND STIPULATED PROTECTIVE ORDER, CERTIFICATE OF SERVICE. (lvj) (Entered: 03/08/1996)

March 7, 1996

March 7, 1996

PACER
63

Appearance of BARBARA E. RANSOM for ALL PLAINTIFFS, certificate of service. (fe) (Entered: 03/13/1996)

March 13, 1996

March 13, 1996

PACER
64

ORDER, THAT DEFENDANTS' UNOPPOSED MOTION REQUESTING APPROVAL OF SECOND STIPULATED PROTECTIVE ORDER IS DENIED WITHOUT PREJUDICE, THE PARTIES HAVING FAILED TO SHOW GOOD CAUSE FOR THE ORDER OF PROTECTION AS REQUIRED BY FED.R.CIV.P. 26(c). (SIGNED BY JUDGE EDUARDO C. ROBRENO), 3/13/96 ENTERED AND COPIES MAILED. (fe) (Entered: 03/13/1996)

March 13, 1996

March 13, 1996

PACER
65

Third 90-Day Status Report of PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, Certificate of Service. (gn) (Entered: 04/26/1996)

April 25, 1996

April 25, 1996

PACER
66

Response by DEFENDANTS COMMONWEALTH OF PA, PA. DEPARTMENT OF ED, DONALD M. CARROLL, JOSEPH F. BARD, MICHELLE DESERA, EARL HORTON, MADGE K. BENOVITZ, E. PETER BENZING, RONALD R. COWELL, EDWARD M. DONLEY, KARL R. GIRTON, EDITH W. ISACKE, R. GERARD LONGO, BEATRICE MOORE, JAMES J. RHOADES, HOWARD SELEKMAN to PLAINTIFFS third 90 day status report, certificate of service. (jw) (Entered: 05/30/1996)

May 29, 1996

May 29, 1996

PACER
67

ORDER THAT A TELEPHONE STATUS CONFERENCE ON PLFF'S THIRD 90 DAY STATUS REPORT AND DEFT'S RESPONSE IS SCHEDULED IN THE CASE FOR 6/25/96 AT 9:15 AM. COUNSEL FOR THE PLFF SHALL INITIATE THE TELEPHONE CONFERENCE AND CALL CHAMBERS WHEN ALL PARTIES ARE ON THE LINE. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 6/5/96 ENTERED AND COPIES MAILED. ( COPIES FAXED ON 6/5/96) (gn) (Entered: 06/05/1996)

June 5, 1996

June 5, 1996

PACER
68

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE TO AMEND JOINT CASE MANAGEMENT PLAN, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 06/21/1996)

June 21, 1996

June 21, 1996

PACER
69

UNOPPOSED MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN REQUESTING APPROVAL OF SECOND STIPULATED PROTECTIVE ORDER, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (gn) (Entered: 06/24/1996)

June 24, 1996

June 24, 1996

PACER
70

FIRST AMENDED JOINT CASE MANAGEMENT PLAN ORDER THAT DISCOVERY BE COMPLETED BY 5/31/97. ALL DISPOSITIVE MOTIONS WILL BE FILED BY 6/30/97. RESPONSES TO DISPOSIIVE MOTIONS WILL BE FILED BY 7/31/97. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 6/26/96 ENTERED AND COPIES MAILED. (COPIES FAXED ON 6/26/96) (gn) (Entered: 06/26/1996)

June 26, 1996

June 26, 1996

PACER
71

SECOND STIPULATED PROTECTIVE ORDER WITH COURT APPROVAL. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 7/1/96 ENTERED AND COPIES MAILED. (COPIES FAXED ON 7/1/96) (gn) (Entered: 07/01/1996)

July 1, 1996

July 1, 1996

PACER
72

Plffs' Fourth 90-day Status Report, Certificate of Service. (gn) (Entered: 07/26/1996)

July 26, 1996

July 26, 1996

PACER
73

ORDER/LETTER DATED 8/28/96 RE: PROTOCOL AND DATA TAPES. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 8/30/96 ENTERED AND COPIES MAILED AND FAXED. (fe) (Entered: 08/30/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
74

Addendum of DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN to plffs' 7/24/96 status report and 8/28/96 letter update, Certificate of Service. (gn) (Entered: 09/09/1996)

Sept. 9, 1996

Sept. 9, 1996

PACER
75

Fourth 90-Day Status Report of PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, PLAINTIFF JOHN FORTE, Certificate of Service. (gn) (Entered: 10/29/1996)

Oct. 28, 1996

Oct. 28, 1996

PACER
76

ORDER THAT A STATUS CONFERENCE IS SCHEDULED FOR 11/7/96 AT 12:30PM IN COURTROOM 3-A. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 11/4/96 ENTERED AND COPIES FAXED BY CHAMBERS. (gn) Modified on 11/04/1996 (Entered: 11/04/1996)

Nov. 1, 1996

Nov. 1, 1996

PACER
81

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE FOR SANCTIONS, AND MOTION TO COMPEL DEFTS TO PRODUCE IDENTIFYING INFORMATION ON THE SELECTED SAMPLE, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 11/15/1996)

Nov. 4, 1996

Nov. 4, 1996

PACER
77

Defts' response to plffs' fourth 90 day status report, certificate of service. (adr) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
78

Minute entry: Status conference of 11/7/96. (sc) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
79

ORDER THAT PLFFS SHALL FILE A MOTION TO COMPEL BY 11/14/96. DEFTS SHALL RESPOND TO ANY SUCH MOTION BY 11/25/96. PLFFS SHALL PROVIDE DEFTS WITH OUTSTANDING ANSWERS TO INTERROGATORIES BY 11/18/96 AND PLFFS SHALL PRODUCE MR. DANIEL NOE & MR. & MRS. FORTE FOR DEPOSITION BY 11/25/96 AT A TIME AND PLACE MUTUALLY AGREED UPON BY COUNSEL. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 11/12/96 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
80

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE TO DROP PLFF A.N.D. ALLIANCE, CERTIFICATE OF SERVICE. (gn) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

PACER
82

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, PLAINTIFF JOHN FORTE TO EXTEND TIME TO FILE ANSWERS TO DEFTS' INTERROGATORIES ADDRESSED TO PLFF PHILA. POLICE & FIRE ASSOCIATION FOR HANDICAPPED CHILDREN, CERTIFICATE OF SERVICE. (gn) (Entered: 11/20/1996)

Nov. 20, 1996

Nov. 20, 1996

PACER
83

Memorandum by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN in opposition to plffs' motion for sanctions and motion to compel production of identifying information on the selected sample, Certificate of Service. (gn) (Entered: 11/25/1996)

Nov. 25, 1996

Nov. 25, 1996

PACER
84

JOINT MOTION by PLAINTIFF'S, LYDIA REBECCA GASKIN, ET AL., DEFENDANT'S COMMONWEALTH OF PA, ET AL., FOR AN EXTENSION OF TIME TO COMPLETE THE DEPOSITIONS OF NAMED PLAINTIFFS . (fe) (Entered: 11/27/1996)

Nov. 26, 1996

Nov. 26, 1996

PACER
85

Response by DEFENDANTS COMMONWEALTH OF PA, et al. to plaintiffs' MOTION TO EXTEND TIME TO FILE ANSWERS TO DEFTS' INTERROGATORIES ADDRESSED TO PLFF PHILA. POLICE & FIRE ASSOCIATION FOR HANDICAPPED CHILDREN, Certificate of Service. (fe) Modified on 11/27/1996 (Entered: 11/27/1996)

Nov. 27, 1996

Nov. 27, 1996

PACER
86

Response by DEFENDANTS COMMONWEALTH OF PA, et al. to plaintiffs' motion to dismiss the A.N.D. Alliance, Certificate of Service. (fe) (Entered: 11/27/1996)

Nov. 27, 1996

Nov. 27, 1996

PACER
87

ORDER THAT A HEARING ON PLFF'S MOTION FOR SANCTIONS IS SCHEDULED FOR 12/19/96 AT 9:30AM IN COURTROOM 3-A. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 12/2/96 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (gn) (Entered: 12/02/1996)

Nov. 29, 1996

Nov. 29, 1996

PACER
88

ORDER GRANTING JOINT MOTION FOR AN EXTENSION OF TIME TO COMPLETE THE DEPOSITIONS OF NAMED PLAINTIFFS. IT IS HEREBY ORDERED THAT MRS. FORTE'S DEPOSITION SHALL BEGIN ON 12/6/96. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 12/3/96 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 12/03/1996)

Dec. 3, 1996

Dec. 3, 1996

PACER
89

MOTION by PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF PHILA. POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, PLAINTIFF JOHN FORTE TO WITHDRAW ITS MOTION FOR SANCTIONS, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 12/09/1996)

Dec. 6, 1996

Dec. 6, 1996

PACER
90

ORDER GRANTING PLFFS' MOTION TO WITHDRAW ITS MOTION FOR SANCTIONS. PLFF'S MOTION FOR SANCTIONS IS DENIED AS MOOT. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 12/11/96 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 12/11/1996)

Dec. 10, 1996

Dec. 10, 1996

PACER
91

ORDER THAT THE HEARING ON PLFFS' MOTION FOR SANCTIONS SCHEDULED IN THE CASE FOR 12/19/96 IS CANCELLED. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 12/12/96 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 12/12/1996)

Dec. 12, 1996

Dec. 12, 1996

PACER
92

ORDER DENYING AS MOOT MOTION TO WITHDRAW ITS MOTION FOR SANCTIONS. DENYING AS MOOT JOINT MOTION FOR AN EXTENSION OF TIME TO COMPLETE THE DEPOSITIONS OF NAMED PLAINTIFFS. DENYING AS MOOT MOTION TO EXTEND TIME TO FILE ANSWERS TO DEFTS' INTERROGATORIES ADDRESSED TO PLFF PHILA. POLICE & FIRE ASSOCIATION FOR HANDICAPPED CHILDREN. DENYING AS MOOT MOTION TO DROP PLFF A.N.D. ALLIANCE. DENYING AS MOOT MOTION FOR SANCTIONS. DENYING AS MOOT MOTION TO COMPEL DEFTS TO PRODUCE IDENTIFYING INFORMATION ON THE SELECTED SAMPLE. ( SIGNED BY JUDGE EDUARDO C. ROBRENO ) 1/9/97 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 01/09/1997)

Jan. 9, 1997

Jan. 9, 1997

PACER
93

Sixth 90-Day Status Report of PLAINTIFF LYDIA REBECCA GASKIN, PLAINTIFF HASSAN ADIB SABREE, PLAINTIFF MERRIN RAINEY, PLAINTIFF SAMUEL LUCKINBILL, PLAINTIFF LISA MC CANN, PLAINTIFF ELIZABETH MOSER, PLAINTIFF ANNE CORR, PLAINTIFF BRETT MICHAEL KONESKI, PLAINTIFF MICHAEL WINTERING, PLAINTIFF SARAH NOE, PLAINTIFF TIFFANY ZIMENOFF, PLAINTIFF THE ARC OF PENNA., PLAINTIFF LEARNING DISABILIT, PLAINTIFF PA PROTECTION & ADV, PLAINTIFF PA COALITION OF CIT., PLAINTIFF PA STATE CONFERENCE, PLAINTIFF AUTISM SUPPORT, PLAINTIFF PENNSYLVANIA TASH, PLAINTIFF PARENTS UNION, PLAINTIFF POLICE & FIRE, PLAINTIFF DISABLED, PLAINTIFF THE A.N.D. ALLIANCE, Certificate of Service. (gn) (Entered: 02/07/1997)

Feb. 7, 1997

Feb. 7, 1997

PACER
94

Response by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL H. HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. ISACKE, DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN to plff's fifth 90-day status report, Certificate of Service. (gn) (Entered: 02/11/1997)

Feb. 10, 1997

Feb. 10, 1997

PACER
95

UNOPPOSED MOTION by DEFENDANT COMMONWEALTH OF PA, DEFENDANT PA. DEPARTMENT OF ED, DEFENDANT DONALD M. CARROLL, DEFENDANT JOSEPH F. BARD, DEFENDANT MICHELLE DESERA, DEFENDANT EARL HORTON, DEFENDANT MADGE K. BENOVITZ, DEFENDANT E. PETER BENZING, DEFENDANT RONALD R. COWELL, DEFENDANT EDWARD M. DONLEY, DEFENDANT KARL R. GIRTON, DEFENDANT EDITH W. DEFENDANT R. GERARD LONGO, DEFENDANT BEATRICE MOORE, DEFENDANT JAMES J. RHOADES, DEFENDANT HOWARD SELEKMAN TO EXTEND TIME TO DEFER FILING OF DEFENSE EXPERT REPORT, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (gn) (Entered: 03/20/1997)

March 20, 1997

March 20, 1997

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 1994

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The case represented a class of 255,264 special education students, twelve named plaintiffs, and eleven disabilities advocacy organizations. They were represented by The Public Interest Law Center.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pennsylvania Department of Education, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2,175,000

Order Duration: 2005 - 2010

Content of Injunction:

Discrimination Prohibition

Monitoring

Other requirements regarding hiring, promotion, retention

Remedial education

Reporting

Required disclosure

Student assignment

Training

Preliminary relief request withdrawn/mooted

Issues

General:

Classification / placement

Failure to supervise

Failure to train

Individualized planning

Special education

Disability:

disability, unspecified

P&A Associational Standing

Type of Facility:

Government-run