Case: Blackman v. Dist. of Columbia

1:97-cv-01629 | U.S. District Court for the District of Columbia

Filed Date: July 17, 1997

Closed Date: Dec. 18, 2014

Clearinghouse coding complete

Case Summary

On July 17, 1997, several public school students with disabilities brought this class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Columbia against the District of Columbia, D.C. Public Schools (DCPS), the Chief Executive Officer of DCPS and Director of Special Education of DCPS,  to challenge the city public school system’s failure to comply with the requirements of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitat…

On July 17, 1997, several public school students with disabilities brought this class action lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Columbia against the District of Columbia, D.C. Public Schools (DCPS), the Chief Executive Officer of DCPS and Director of Special Education of DCPS,  to challenge the city public school system’s failure to comply with the requirements of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.  Specifically, the students alleged that the defendants had failed to timely respond to the requests of students and parents for administrative due process hearings pursuant to IDEA.  The plaintiffs were represented by attorneys from the Bazelon Center for Mental Health Law, as well as private counsel  The case was initially assigned to District Judge Louis F. Oberdorfer.  

On October 22, 1997, Judge Oberdorfer granted the plaintiffs’ motion for class certification.  The case was reassigned to District Judge Paul L. Friedman on October 23, 1997.  On May 14, 1998, the Court consolidated this case with Curtis v. District of Columbia, Civil Action No. 97-2402, which had been filed on October 16, 1997 against the same defendants for their alleged failure to implement hearing officer determinations (HROs) and settlement agreements (SAs) in a timely manner, as required by the IDEA.  In the same order, the Court granted certification of the Curtis class (which became the Jones class) and consolidated the two classes to create a single class with two subclasses.  

On June 3, 1998, Judge Friedman granted summary judgment for both subclasses of plaintiffs on the issue of the defendants’ liability, holding that there was no genuine issue of material fact as to the failure to meet binding obligations under the IDEA.  Rather than prescribe an immediate remedy for the defendants’ failure to comply with the IDEA, he ordered the parties to jointly submit a “proposed plan and schedule for resolution of the issue of remedy.”  Judge Friedman noted then that “a broad, class-wide preliminary injunction requiring the District to immediately comply with its statutory and regulatory obligations” would be “ineffective and impractical” because of D.C.’s lack of resources.  

On February 12, 1999, however, Judge Friedman determined that D.C. had ignored its obligations under the IDEA, even in severe cases; he thereby appointed Elise Baach, as a Special Master for “for the limited purposes of assisting the Court in resolving the requests for immediate injunctive relief” by individual plaintiffs.  185 F.R.D. 4.  On April 14, 1999, Judge Friedman referred the case to Magistrate Judge John M. Facciola for resolution of discovery disputes between the parties.  

The Court proceeded to refer the parties to mediation, which resulted in their agreement on a settlement and proposed consent decree on June 24, 1999.  However, in light of the objections of various members of the special education bar, the parties entered into a revised settlement and proposed consent decree on December 10, 1999.  The Court did not grant preliminary or final approval, but the defendants agreed to nevertheless comply with its terms on an interim basis.  Due to an increased backlog of both unscheduled due process hearings and HODs and SAs, the Court denied the parties’ motion for final approval on September 3, 2002.  After mediation, the parties reached a second revised proposed consent decree; Judge Friedman rejected it on June 9, 2004, however, because the proposed decree failed to provide certainty with respect to which entity would ultimately be responsible for ensuring the execution of due process hearings and HOD implementations in a timely manner.  321 F. Supp. 2d 99.  On May 17, 2005, after the parties’ settlement discussions failed to lead to agreement, the Court appointed Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit and Judge Amy Totenberg of the U.S. District Court for the District Court of Georgia as co-mediators.  However, two new proposed consent decrees agreed to by the parties were ultimately rejected by the Court due to objections by interested parties and class members.  

Finally, following years of negotiations, different proposals, fairness hearings and mediation, the parties executed a revised proposed Consent Decree and filed a motion for final approval on June 30, 2006.  The Court approved this Consent Decree on August 24, 2006, which in relevant part mandated: DCPS to timely adjudicate or settle 90% of hearing requests within 30 days and allow no due process request to be more than 90 days overdue; a June 30, 2007 deadline for the implementation of all overdue HODs and SAs; deadlines by which DCPS was required to timely implement higher percentages of HODs and SAs; annual reassessment of such requirements; a commitment by D.C. to provide $5 million annually, in addition to the normal DCPS budget, to achieve compliance with the Decree; a commitment by D.C. to provide an additional $10 million to fulfill the defendants’ obligation to provide a compensatory education; the appointment of a Monitor (Amy Totenberg) and the establishment of an Evaluation Team to provide periodic reports and oversee compliance with the Decree; and monthly and quarterly reporting requirements.  

Subsequently, pursuant to the Decree, the parties filed a joint motion to award reasonable attorneys’ fees and costs due to plaintiffs’ counsel, which the Court granted on October 12, 2007 in the amount of $1,820,000.  In its Order, however, the Court did not require defendants to pay the full amount at that time because of the statutory cap of $4,000 on payment of attorneys’ fees under IDEA established by the 2006 District of Columbia Appropriations Act.  On March 11, 2008, Judge Friedman found this statutory cap to apply only to individuals, as opposed to class, actions and ordered the defendants to pay the fees and costs in full. 

The Monitor Report for the 2007-2008 school year demonstrated, however, that D.C. continued to fail to implement hundreds of HODs and settlement agreements, as required by the Decree.  Despite reporting “marked gains towards achieving compliance with” the Consent Decree, the 2009-2010 Monitor Report similarly concluded that “[d]efendants have not met the baseline HOD/SA implementation performance requirement of the Consent Decree.”

By the 2010-2011 school year, D.C. and DCPS finally came into substantial compliance by providing timely administrative due process hearings to students and their families.  As a result, Judge Friedman granted the parties’ joint motion to dismiss the Blackman portion of the case on July 5, 2011 with respect to the hearings.  D.C. and DCPS continued to fail to implement HODs and SAs, leaving the Jones portion of the case subject to the court’s jurisdiction.  The Monitor found in the  2013-2014 Report , however, that the defendants had satisfied the Decree’s requirements with respect to the timely implementation of HODs and SAs, on December 18, 2014, Judge Friedman granted the parties’ joint motion to dismiss the remaining portion of the Jones case and to terminate the Consent Decree in its entirety.  The case is now closed.  

 

Summary Authors

Chris Miller (12/22/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4630153/parties/blackman-v-dc/


Judge(s)

Friedman, Paul L. (District of Columbia)

Attorneys(s) for Plaintiff

Alvarez, Karen D. (District of Columbia)

Bogin, Matthew B. (Maryland)

Bossing, Lewis (District of Columbia)

Brisbane, Latoya (District of Columbia)

Brown, James E. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Chassy, Paul Leonard (Maryland)

Dalton, Paul S. (District of Columbia)

Dorsch, Sara (Maryland)

Judge(s)

Friedman, Paul L. (District of Columbia)

Attorneys(s) for Plaintiff

Alvarez, Karen D. (District of Columbia)

Bogin, Matthew B. (Maryland)

Bossing, Lewis (District of Columbia)

Brisbane, Latoya (District of Columbia)

Brown, James E. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Chassy, Paul Leonard (Maryland)

Dalton, Paul S. (District of Columbia)

Dorsch, Sara (Maryland)

Drake, Ronald Lee (District of Columbia)

Eig, Michael J. (Maryland)

Fawcett, Myrna Lee (District of Columbia)

Gambale, Roberta L. (District of Columbia)

Gates, George M. (Maryland)

Gerald, Tilman L. (District of Columbia)

Glassman, Kimberly (Maryland)

Goode, Jesse P (District of Columbia)

Goodman, Tracy L. (District of Columbia)

Graff, Julia (District of Columbia)

Houck, Carolyn W. (District of Columbia)

Houston, William E. (Virginia)

Huebner, Lawrence H. (District of Columbia)

Iseman, Haylie Michelle (Maryland)

Jenefsky, Anna Elizabeth (District of Columbia)

Jester, Elizabeth T. (Virginia)

Jones-Moon, Bonita A. (District of Columbia)

Katz, Daniel Adlai (Maryland)

Kirby, Ky Elaine (District of Columbia)

Kohn, Margaret A. (District of Columbia)

Lang, Lindsey Bishop (District of Columbia)

Lipps, Andrew L. (District of Columbia)

Lipscomb, Angela (District of Columbia)

Malson, Laurel Pyke (District of Columbia)

McQuinn, Urenthea (District of Columbia)

Moran, Charles Anthony (District of Columbia)

Murrell, Travis A. (District of Columbia)

Read, Emily B. (District of Columbia)

Reff, Alisa H. (District of Columbia)

Rosenstock, Paula Amy (Maryland)

Ryan, Jane Irene (District of Columbia)

Savit, Diana Marjorie (Maryland)

Seltzer, Tamara Lynn (District of Columbia)

van Houwelingen, Luke (District of Columbia)

Williams, James E. (Virginia)

Wulkan, Donna (District of Columbia)

Attorneys(s) for Defendant

Abel, Charlotte A. (District of Columbia)

Adams, Eugene A. III (District of Columbia)

Alexandri, Maya (District of Columbia)

Bell, Lisa Annette (District of Columbia)

Bolden, Melvin W. Jr. (District of Columbia)

Caspari, Amy (District of Columbia)

Coleman, Lisa Kay (New York)

Copeland, Chad Wayne (District of Columbia)

Covington, Evangeline (District of Columbia)

Dahline, Susan L. (District of Columbia)

DeMarco, Juliane T. (District of Columbia)

Earl, William Johnson Jr. (District of Columbia)

Efros, Ellen A. (District of Columbia)

Frost, Shana Lyn (District of Columbia)

George, Laura (District of Columbia)

Grossman, Martin L. (District of Columbia)

Healy, Victoria Lynne (District of Columbia)

Hopkins, Cathye (District of Columbia)

Infelise, Jeffery Thomas (District of Columbia)

Latterell, Richard Allan (District of Columbia)

Margolis, Daniel Herbert (District of Columbia)

Mazych, Veleter (District of Columbia)

McManus, Laurie Pouzzner (Virginia)

Merkowitz, Maria L. (District of Columbia)

Miller, Barbara A. (District of Columbia)

Nickles, Peter J. (District of Columbia)

Perry-Gaiter, Grace (District of Columbia)

Pollak, Cary D. (District of Columbia)

Porter, Veronica A. (District of Columbia)

Potter, Jonathon F. (District of Columbia)

Racca, Andrew W. (District of Columbia)

Rezneck, Daniel A. (District of Columbia)

Rigsby, Robert (District of Columbia)

Schultz, Nancy S. (District of Columbia)

Spagnoletti, Robert J. (District of Columbia)

Taptich, Edward P. (District of Columbia)

Utiger, Robert C. (District of Columbia)

Valentine, George C. (District of Columbia)

Other Attorney(s)

Anderson, Brian C. (District of Columbia)

Baum, Lauren E. (District of Columbia)

Berlow, Robert Irving (Maryland)

Branch, David A (District of Columbia)

Nabors, Steve (District of Columbia)

Watsky, Stephen Louis (District of Columbia)

Expert/Monitor/Master

Baach, Elise T. (District of Columbia)

Klemm, Rebecca (District of Columbia)

Sundram, Clarence J. (New York)

Totenberg, Amy Mil (Georgia)

Ullman, Susan K (District of Columbia)

Documents in the Clearinghouse

Document

1:97-cv-01629

Docket [PACER]

Blackman v. DC

March 6, 2017

March 6, 2017

Docket
138

1:97-cv-01629

Opinion

Blackman v. District of Columbia

Feb. 12, 1999

Feb. 12, 1999

Order/Opinion
213

1:97-cv-01629

Opinion and Order

Blackman v. District of Columbia

July 9, 1999

July 9, 1999

Order/Opinion
795

1:97-cv-01629

Opinion and Order

Blackman v. District of Columbia,

May 10, 2001

May 10, 2001

Order/Opinion
1563

1:97-cv-01629

Order on Revised Consent Decree

Blackman v. DC

June 9, 2004

June 9, 2004

Order/Opinion
1737

1:97-cv-01629

Opinion and Order

Blackman v. District of Columbia

Oct. 28, 2005

Oct. 28, 2005

Order/Opinion
498

1:97-cv-02402

Consent Decree

Blackman v. District of Columbia

Aug. 24, 2006

Aug. 24, 2006

Order/Opinion
496

1:97-cv-02402

Opinion and Order

Aug. 24, 2006

Aug. 24, 2006

Order/Opinion
1934

1:97-cv-02402

Evaluation Team Recommendations Relating to the Interim Report of the Evaluation Team for the Period August 24, 2006 - January 17, 2007

Blackman v. District of Columbia

Feb. 8, 2007

Feb. 8, 2007

Monitor/Expert/Receiver Report

1:97-cv-01629

Interim Report of Evaluation team for the Period August 24, 2006 - January 17, 2007

Blackman v. District of Columbia

Feb. 8, 2007

Feb. 8, 2007

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4630153/blackman-v-dc/

Last updated May 18, 2023, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiff MARY ANN BLACKMAN, plaintiff PAUL CHASSY, plaintiff CAROLYN JONES, plaintiff DIANE JONES, plaintiff ROSA LONG, plaintiff CAROL DALTON, plaintiff PHYLLIS WRIGHT, plaintiff GLORIA SPRAUVE, plaintiff HAROLD SLAUGHTER (cjp) (Entered: 07/21/1997)

July 17, 1997

July 17, 1997

SUMMONS (4) issued for defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS (cjp) (Entered: 07/21/1997)

July 17, 1997

July 17, 1997

2

NOTICE OF FILING by plaintiff PAUL CHASSY to the Court RE: copies of return service receipts; attachments (bjsp) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

3

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 7/17/97 upon defendant DC PUBLIC SCHOOLS; (COPY) (bjsp) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

4

ANSWER TO COMPLAINT [1−1] by defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS . (clv) (Entered: 08/15/1997)

Aug. 14, 1997

Aug. 14, 1997

5

(CONSENT) MOTION filed by defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS to extend time to 8/29/97 within which to file their opposition to plaintiffs' motion for class certification (bjsp) (Entered: 08/25/1997)

Aug. 22, 1997

Aug. 22, 1997

6

ORDER by Judge Gladys Kessler : granting motion to extend time to 8/29/97 within which to file their opposition to plaintiffs' motion for class certification [5−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC response to motion(s) due by 8/29/97 ; (N) (lin) (Entered: 08/27/1997)

Aug. 27, 1997

Aug. 27, 1997

7

(CONSENT) MOTION filed by defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS to extend time to 9/5/97 within which to file their opposition to plaintiffs' motion for class certification (bjsp) (Entered: 09/02/1997)

Aug. 29, 1997

Aug. 29, 1997

8

ORDER by Judge Louis F. Oberdorfer : granting motion to extend time to 9/5/97 within which to file their opposition to plaintiffs' motion for class certification [7−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC response to motion(s) due by 9/5/97 ; (N) (mon) (Entered: 09/05/1997)

Sept. 4, 1997

Sept. 4, 1997

9

RESPONSE by defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS to the Court's order letting defendants' file this memorandum in opposition to plaintiffs' motion for class certification [8−1] (bjsp) (Entered: 09/08/1997)

Sept. 5, 1997

Sept. 5, 1997

10

REPLY by plaintiff MARY ANN BLACKMAN, plaintiff PAUL CHASSY, plaintiff CAROLYN JONES, plaintiff DIANE JONES, plaintiff ROSA LONG, plaintiff CAROL DALTON, plaintiff PHYLLIS WRIGHT, plaintiff GLORIA SPRAUVE, plaintiff HAROLD SLAUGHTER to defendants' opposition to plaintiffs' respons to the Court's order directing plaintiffs' to file their response to the class certification issue [9−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC . (bjsp) (Entered: 09/18/1997)

Sept. 17, 1997

Sept. 17, 1997

11

ORDER by Judge Louis F. Oberdorfer : motion hearing set for 3:30 9/30/97 ; (N) (mon) Modified on 09/24/1997 (Entered: 09/24/1997)

Sept. 22, 1997

Sept. 22, 1997

12

MOTION filed by plaintiff MARY ANN BLACKMAN, plaintiff PAUL CHASSY, plaintiff CAROLYN JONES, plaintiff DIANE JONES, plaintiff ROSA LONG, plaintiff CAROL DALTON, plaintiff PHYLLIS WRIGHT, plaintiff GLORIA SPRAUVE, plaintiff HAROLD SLAUGHTER for leave to file and permit service of supplemental pleadings EXHIBIT AMENDED COMPLAINT and EXHIBITS ) (bjsp) (Entered: 09/30/1997)

Sept. 29, 1997

Sept. 29, 1997

13

JOINT MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiff MARY ANN BLACKMAN, plaintiff PAUL CHASSY, plaintiff CAROLYN JONES, plaintiff DIANE JONES, plaintiff ROSA LONG, plaintiff CAROL DALTON, plaintiff PHYLLIS WRIGHT, plaintiff GLORIA SPRAUVE, plaintiff HAROLD SLAUGHTER, defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS . (bjsp) (Entered: 09/30/1997)

Sept. 29, 1997

Sept. 29, 1997

MOTION HEARING before Judge Louis F. Oberdorfer motion of plaintiffs for class certification heard and taken under advisement. Reporter: Vernell Marshall (mon) (Entered: 09/30/1997)

Sept. 30, 1997

Sept. 30, 1997

14

MEMORANDUM OF LAW by plaintiff MARY ANN BLACKMAN, plaintiff PAUL CHASSY, plaintiff CAROLYN JONES, plaintiff DIANE JONES, plaintiff ROSA LONG, plaintiff CAROL DALTON, plaintiff PHYLLIS WRIGHT, plaintiff GLORIA SPRAUVE, plaintiff HAROLD SLAUGHTER to the Court pursuant to the Judge's 9/30/97 request that plaintiffs' submit this memorandum (bjsp) (Entered: 10/06/1997)

Oct. 3, 1997

Oct. 3, 1997

15

MEMORANDUM by defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS in opposition to request for consolidation with a related matter (bjsp) (Entered: 10/14/1997) DIANE JONES, plaintiff ROSA LONG, plaintiff CAROL DALTON, plaintiff PHYLLIS WRIGHT, plaintiff GLORIA SPRAUVE, plaintiff HAROLD SLAUGHTER (bjsp) (Entered: 10/22/1997)

Oct. 10, 1997

Oct. 10, 1997

16

MEMORANDUM AND ORDER by Judge Louis F. Oberdorfer : Granting the motion of plaintiffs for class certification; certifying plaintiff class in accordanace with Rule 23 of FRCP. (N) (N) (mon) (Entered: 10/22/1997)

Oct. 22, 1997

Oct. 22, 1997

CASE REASSIGNED to Judge Paul L. Friedman (lpp) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

18

MOTION (NUNC PRO TUNC) filed by defendant DC, defendant DC PUBLIC SCHOOLS, defendant JULIUS W. BECTON JR., defendant JEFF MYERS to extend time to 10/31/97 within which to file their opposition to plaintiffs' motion to permit service of supplemental pleadings (bjsp) (Entered: 10/27/1997)

Oct. 24, 1997

Oct. 24, 1997

19

ORDER by Judge Paul L. Friedman : granting motion to extend time to 10/31/97 within which to file their opposition to plaintiffs' motion to permit service of supplemental pleadings [18−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC (N) (bm) (Entered: 10/29/1997)

Oct. 29, 1997

Oct. 29, 1997

20

MOTION (nunc pro tunc) filed by defendant to extend time to 11/17/97 to respond to plaintiffs' motion to permit service oif supplemental pleadings (blj) (Entered: 11/04/1997)

Nov. 3, 1997

Nov. 3, 1997

21

RESPONSE by plaintiffs to court's scheduling order [19−1] (blj) (Entered: 11/05/1997)

Nov. 4, 1997

Nov. 4, 1997

22

ORDER by Judge Paul L. Friedman: status conference set for 2:00 11/13/97 ; the parties should be prepared to discuss how this case should proceed and whether this case should be consolidated with C.A. 97−2402 and/or C.A. 95−2192. (N) (bm) (Entered: 11/06/1997)

Nov. 6, 1997

Nov. 6, 1997

23

RESPONSE by plaintiff in opposition to motion to extend time to 11/17/97 to respond to plaintiffs' motion to permit service of supplemental pleadings [20−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC . (ks) (Entered: 11/10/1997)

Nov. 7, 1997

Nov. 7, 1997

24

NOTICE OF FILING by defendants DC, JULIUS W. BECTON JR., JEFF MYERS of proposed scheduling order. (ks) (Entered: 11/10/1997)

Nov. 7, 1997

Nov. 7, 1997

25

RESPONSE by plaintiffs to court's order scheduling status conference [22−1], order [22−2] (blj) (Entered: 11/13/1997)

Nov. 12, 1997

Nov. 12, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: defendants' motion for decertification of the class due 11/21/97; plaintiffs' response to motion due 12/5/97; defendants' reply to motion due 12/12/97; cross motions due 1/27/98; response to motions due 2/10/98; reply to cross motions due 2/17/98; motion hearing set for 10:00 2/25/98 Reporter: Santa Zizzo (bm) (Entered: 11/13/1997)

Nov. 13, 1997

Nov. 13, 1997

26

ATTORNEY APPEARANCE for defendants DC, DC PUBLIC SCHOOLS, JULIUS W. BECTON JR., JEFF MYERS by Lisa A. Bell (blj) (Entered: 11/17/1997)

Nov. 14, 1997

Nov. 14, 1997

27

ORDER by Judge Paul L. Friedman : consolidating case CA 97−1629 with CA 97−2402 ; confirming dates set at the status conference held 11/13/97. (N) (ks) (Entered: 11/17/1997)

Nov. 17, 1997

Nov. 17, 1997

*** ALL DOCKET ENTRIES WILL BE FILED AND DOCKETED TO CA 97−1629 PER CONSOLIDATED ORDER FILED 11/17/97 *** (ks) (Entered: 11/17/1997)

Nov. 17, 1997

Nov. 17, 1997

28

MOTION filed by defendant DC in 1:97−cv−01629 to decertify the class (blj) (Entered: 11/24/1997)

Nov. 21, 1997

Nov. 21, 1997

MEMORANDUM by defendants in opposition to motion for class certification prior to preliminary injunction. [4−1] by SHAQUETTE CURTIS (ks) (Entered: 11/24/1997)

Nov. 21, 1997

Nov. 21, 1997

29

ATTORNEY APPEARANCE for plaintiffs in 1:97−cv−01629 by Tamara Lynn Seltzer (blj) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

30

RESPONSE by plaintiff in 1:97−cv−01629 in opposition to motion to decertify the class [28−1] by DC . (JMF) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

31

LETTER dated 12/9/97 to Judge Friedman from co−counsel for plaintiffs. (bm) (Entered: 12/11/1997)

Dec. 11, 1997

Dec. 11, 1997

32

ORDER by Judge Paul L. Friedman: directing counsel shall not communicate with the Court by letter; all requests, notices and other communications shall be contained in motions or other appropriate filings made in accordance with Local Rules 106, 108 and 110; directing the Office of the Clerk shall cause the attached letter dated 12/9/97 to be filed; defendants' counsel shall the letter as a motion and shall by 12/18/97; status conference set for 10:00 12/22/97 in 1:97−cv−01629, in 1:97−cv−02402 (N) (bm) (Entered: 12/11/1997)

Dec. 11, 1997

Dec. 11, 1997

33

MOTION (CONSENT) filed by defendant in 1:97−cv−01629 to extend time to respond to plaintiffs' motion to permit service of supplemental pleadings, and to reply to plaintiffs' opposition to 12/15/97 (blj) (Entered: 12/15/1997)

Dec. 12, 1997

Dec. 12, 1997

34

ORDER by Judge Paul L. Friedman : granting motion to extend time to respond to plaintiffs' motion to permit service of supplemental pleadings, and to reply to plaintiffs' opposition to 12/15/97 [33−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC; reply to motions due by 12/15/97 in 1:97−cv−01629, in 1:97−cv−02402 (N) (bm) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

36

MOTION filed by defendants in 1:97−cv−01629 to extend time to 12/17/97 to respond to plaintiffs' motion to permit service of supplemental pleadings (blj) (Entered: 12/17/1997)

Dec. 15, 1997

Dec. 15, 1997

35

ORDER by Judge Paul L. Friedman: granting defendants' motion for enlargement of time; extending time to 12/17/97 to reply to dispositive motions in 1:97−cv−01629, in 1:97−cv−02402 (N) (bm) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

37

REPLY by defendant in 1:97−cv−01629 to response to motion to decertify the class [28−1] by DC; exhibits (3) (blj) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

38

RESPONSE (OPPOSITIONS) by plaintiff MARY ANN BLACKMAN in 1:97−cv−01629 to status report [17−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC in 1:97−cv−02402; attachment (1) (blj) (Entered: 12/19/1997)

Dec. 18, 1997

Dec. 18, 1997

39

RESPONSE by defendants in 1:97−cv−01629 to plaintiffs' request for discovery [31−1]; Exhibit (1) (blj) (Entered: 12/19/1997)

Dec. 18, 1997

Dec. 18, 1997

40

MOTION filed by defendants in 1:97−cv−01629 for leave to file amended answers to the complaints ; Exhibits (AMENDED ANSWERS FOR 97−1629 AND 97−2402) (blj) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: parties to agree on a schedule for limited discovery. Reporter: Santa Zizzo (bm) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

41

RESPONSE by plaintiffs to motion for leave to file amended answers to the complaints [40−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC (ks) (Entered: 01/05/1998)

Dec. 31, 1997

Dec. 31, 1997

42

JOINT STATUS REPORT by plaintiffs and defendants and proposed order relating to discovery. (ks) (Entered: 01/05/1998)

Dec. 31, 1997

Dec. 31, 1997

43

ORDER by Judge Paul L. Friedman : granting motion for leave to file amended answers to the complaints [40−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC in 1:97−cv−01629 (N) (bm) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

44

ORDER by Judge Paul L. Friedman: setting forth instructions to defendants after reviewing the status report relating to discovery submitted by the parties 12/31/97; if after receipt of the above information, plaintiffs believe they need additional information to support a motion for summary judgment, they will not be precluded from making additional discovery requests. (N) (bm) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

45

SCHEDULING ORDER by Judge Paul L. Friedman defendants' full explanation of the meaning of the compliance report to be completed by 1/30/98; production of documents related to the named plaintiffs by DCPS to be completed by 1/30/98; if after completing the discovery related to the compliance report, plaintiffs believe they need additional discovery to support this motion for summary judgment, such discovery will be served by 2/13/98 and defendants will have until 3/16/98 to respond to such discovery; motions for summary judgment due 4/17/98 in 1:97−cv−01629, in 1:97−cv−02402; response to motions due 4/28/98 in 1:97−cv−01629, in 1:97−cv−02402; reply to motions due 5/5/98 in 1:97−cv−01629, in 1:97−cv−02402 , and cancelling motion hearing set for 2/25/98 and resetting for 9:30 5/28/98 1:97−cv−01629, in 1:97−cv−02402 ; setting forth instructions to plaintiffs; counsel for defendants has reviewed this scheduling order and has authorized counsel for plaintiff to sign on his behalf. (N) (bm) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

46

AMENDED ANSWER [1−1] filed by defendants DC , DC PUBLIC SCHOOLS , JULIUS W. BECTON JR., JEFF MYERS (ks) (Entered: 01/06/1998)

Jan. 5, 1998

Jan. 5, 1998

47

ATTORNEY APPEARANCE for plaintiffs by Andrew L. Lipps, Ky Elaine Kirby, Alisa H. Reff (ks) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

48

ATTORNEY APPEARANCE for plaintiffs by Charles Anthony Moran (ks) (Entered: 02/17/1998)

Feb. 13, 1998

Feb. 13, 1998

49

MOTION filed by plaintiffs for immediate equitable relief ; Attachments (5). (ks) (Entered: 03/18/1998)

March 17, 1998

March 17, 1998

50

ORDER by Judge Paul L. Friedman: response to plaintiffs' motion for immediate equitable relief due 3/25/98;

March 18, 1998

March 18, 1998

52

REPLY by plaintiffs to response to motion for immediate equitable relief [49−1] by MARY ANN BLACKMAN; Attachments (2). (ks) (Entered: 03/31/1998)

March 30, 1998

March 30, 1998

53

ORDER by Judge Paul L. Friedman: motion hearing set for 4/2/98 at 2:30 p.m. is postponed until 10:30 a.m. 4/9/98 in 1:97−cv−01629, in 1:97−cv−02402 (N) (bm) (Entered: 03/31/1998)

March 31, 1998

March 31, 1998

54

ORDER by Judge Paul L. Friedman: canceling motion hearing set for 4/9/98 at 10:30 a.m.; staying plaintiffs' motion for immediate equitable relief; if the parties are able to resolve the issues raised in plaintiffs' motion, plaintiffs shall promptly file a motion to withdraw the motion for immediate equitable relief. (N) (bm) (Entered: 04/08/1998)

April 8, 1998

April 8, 1998

55

ORDER by Judge Paul L. Friedman: lifting the stay on plaintiff's motion for immediate equitable relief; in light of the changed circumstances, the parties shall discuss whether resolutin of plaintiffs' motion is possible; the parties shall fiel a joint written status report by 4/21/98 indicating wheher plaintiffs' motion has been resolved and, if it has not, specifying the remaining legal issues to be decided. (N) (bm) (Entered: 04/14/1998)

April 14, 1998

April 14, 1998

56

JOINT MOTION by plaintiffs in 1:97−cv−01629, defendants in 1:97−cv−01629 to extend time to 4/28/98 within which defendants shall file their motion for summary judgment and plaintiffs seek a reciprocal enlargement of time to file their motion. (bm) (Entered: 04/20/1998)

April 17, 1998

April 17, 1998

57

ORDER by Judge Paul L. Friedman : granting joint motion to extend time to 4/28/98 within which defendants shall file their motion for summary judgment and plaintiffs seek a reciprocal enlargement of time to file their motion. [56−1] by defendant, plaintiff; cross motions due by 4/28/98 in 1:97−cv−01629, in 1:97−cv−02402; responses to cross motions due by 5/11/98 in 1:97−cv−01629, in 1:97−cv−02402 ; reply to cross motions due by 5/18/98 in 1:97−cv−01629, in 1:97−cv−02402; (N) (bm) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

58

JOINT STATUS REPORT by plaintiffs and defendants; and request for a stay. (ks) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

59

ORDER by Judge Paul L. Friedman: granting joint motion to stay; staying further proceedings regarding plaintiffs' motion for immediate equitable relief pending further order of the Court. (N) (bm) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

60

MOTION filed by plaintiffs for summary judgment as to liability ; Exhibits (25). (Bulky−two binders) (ks) (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

61

MOTION filed by defendants to extend time to 4/29/98 to file their motion to dismiss the complaint, or in the alternative, for summary judgment. (ks) (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

62

ORDER by Judge Paul L. Friedman : granting motion to extend time to 4/29/98 to file their motion to dismiss the complaint, or in the alternative, for summary judgment [61−1] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC in 1:97−cv−01629 (N) (bm) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

63

MOTION filed by defendants to dismiss complaint [1−1] , or in the alternative for summary judgment ; Exhibits (3). (Bulky) (ks) Modified on 04/30/1998 (Entered: 04/30/1998)

April 29, 1998

April 29, 1998

64

ERRATA by defendants of their statement of material facts and Declaration, inadvertence left out of their dispositive motion filed 4/29/98; Attachments. (ks) (Entered: 05/01/1998)

April 30, 1998

April 30, 1998

65

MEMORANDUM by plaintiffs in opposition to motion to dismiss complaint [1−1] [63−1]; or in the alternative, for summary judgment [63−2] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC; Declaration (1). (ks) (Entered: 05/12/1998)

May 11, 1998

May 11, 1998

66

MOTION filed by defendants to extend time to 5/12/98 to file their opposition to plaintiff's motion for summary judgment. (ks) (Entered: 05/12/1998)

May 11, 1998

May 11, 1998

67

MEMORANDUM by defendants in opposition to motion for summary judgment as to liability [60−1] by plaintiff (ks) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

68

NOTICE OF FILING by defendants of their amended statement of facts as to which there is no genuine issue. (ks) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

69

OPINION by Judge Paul L. Friedman (N) (bm) (Entered: 05/14/1998)

May 14, 1998

May 14, 1998

70

ORDER by Judge Paul L. Friedman : denying motion to decertify the class [28−1] by DC in 1:97−cv−01629; granting motion for class certification [4−1] by SHAQUETTE CURTIS in 1:97−cv−02402; consolidating the classes certified in 97−1629 and 97−2402 into a single class; setting forth definition of class; consolidated class has two subclasses; setting forth definition of subclass; setting forth certain plaintiff as part of a second subclass; plaintiffs Justin Reynolds and Donald Slaughter shall show cause by 5/28/98 why they should not be dismissed from this action ; directing plaintiffs and defendants shall file a joint status report on the status of the claims of certain plaintiffs by 2/6/99; if it appears that the claims of these plaintiffs have been resolved, plaintiffs shall file a motion to amend the complaint to substitute plaintiffs by 5/28/98. (N) (bm) (Entered: 05/14/1998)

May 14, 1998

May 14, 1998

71

ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/12/98 to file their opposition to plaintiff's motion for summary judgment. [66−1] by DC in 1:97−cv−01629 (N) (dot) (Entered: 05/15/1998)

May 15, 1998

May 15, 1998

72

MOTION filed by defendants to extend time to 5/20/98 to file a reply to their motion to dismiss or in the alternative, for summary judgment. (ks) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

73

REPLY by plaintiffs to response to motion for summary judgment as to liability [60−1] by plaintiffs; Exhibits (3). (Bulky) (ks) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

74

AMENDED ORDER by Judge James Robertson: amended the last ordering paragraph of the Court's Order of 5/14/98; setting forth the amendment. (N) (bm) (Entered: 05/20/1998)

May 20, 1998

May 20, 1998

75

RESPONSE by defendants to plaintiffs' statement of material facts as to which there is no genuine issue. (zz) (Entered: 05/21/1998)

May 20, 1998

May 20, 1998

76

REPLY by defendants to response to motion for summary judgment on liability [63−2] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC (zz) (Entered: 05/21/1998)

May 20, 1998

May 20, 1998

77

MOTION filed by plaintiffs for clarification of the Court's Order of 5/14/98. (ks) (Entered: 05/27/1998)

May 26, 1998

May 26, 1998

78

ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/20/98 to file a reply to their motion to dismiss or in the alternative, for summary judgment [72−1] by DC (N) (bm) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

79

JOINT STATUS REPORT by plaintiffs and defendants. (ks) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

MOTION HEARING before Judge Paul L. Friedman taken under advisement motion to dismiss complaint [1−1] [63−1] in 1:97−cv−01629, taken under advisement by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC motion for summary judgment [63−2] in 1:97−cv−01629, taken under advisement by plaintiff motion for summary judgment as to liability [60−1] in 1:97−cv−01629 Reporter: Santa Zizzo (bm) (Entered: 05/28/1998)

May 28, 1998

May 28, 1998

80

NOTICE OF FILING by defendants of Declaration of Arlene Ackerman, filed in support of defendant's motions; Declaration (1). (ks) (Entered: 06/02/1998)

May 29, 1998

May 29, 1998

81

OPINION by Judge Paul L. Friedman (N) (bm) Additional attachment(s) added on 7/19/2006 (bm, ). (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

82

ORDER AND JUDGMENT by Judge Paul L. Friedman: denying motion to dismiss complaint [1−1] [63−1] or alternative for summary judgment [63−2] by JEFF MYERS, JULIUS W. BECTON JR., DC PUBLIC SCHOOLS, DC in 1:97−cv−01629; granting motion for summary judgment as to liability [60−1] by plaintiff in 1:97−cv−01629; entering judgment for plaintiffs on the issue of liability ; the parties shall file by 6/26/98 a proposed plan and scheduled for resolution of the issue of remedy; encouraging the parties to consider the possibility of recommending the appointment of a special master, mediator or outside facilitator to assist in fashioning appropriate remedies for Court's consideration. (N) (bm) (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

83

MOTION filed by defendants to alter judgment , or to amend judgment ; Attachments. (ks) (Entered: 06/18/1998)

June 17, 1998

June 17, 1998

86

JOINT MOTION by plaintiffs and defendants to extend time to 6/26/98 to file a joint proposed Plan (ks) (Entered: 07/03/1998)

June 26, 1998

June 26, 1998

84

ORDER by Judge Paul L. Friedman: granting parties' joint request extending time to 7/2/98 to file their joint proposed plan and schedule for resolution of the issue of remedy 1:97−cv−01629, in 1:97−cv−02402 (N) (bm) (Entered: 06/30/1998)

June 30, 1998

June 30, 1998

85

RESPONSE by plaintiffs in opposition to motion to alter judgment [83−1]; or to amend judgment [83−2] by DC (ks) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

87

RESPONSE (OPPOSITIONS) by defendant DC in 1:97−cv−01629, defendant DC PUBLIC SCHOOLS in 1:97−cv−01629, defendant JULIUS W. BECTON JR. in 1:97−cv−01629, defendant JEFF MYERS in 1:97−cv−01629 to order entering judgment for plaintiffs on the issue of liability [82−1], order [82−2] (dot) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

88

RESPONSE by plaintiffs in 1:97−cv−01629 to order [82−2]; attachment (1). (dot) (Entered: 07/06/1998)

July 2, 1998

July 2, 1998

89

JOINT STATUS REPORT by defendant DC in 1:97−cv−01629 (ks) (Entered: 07/17/1998)

July 16, 1998

July 16, 1998

92

JOINT STATUS REPORT by plaintiffs, and defendants in 1:97−cv−01629 (zz) (Entered: 08/04/1998)

July 31, 1998

July 31, 1998

91

ORDER by Judge Paul L. Friedman : granting motion for leave to file supplemental information in support of plaintiffs' opposition to defendant's motion to alter or amend judgment [90−1] by MARY ANN BLACKMAN in 1:97−cv−01629 (N) (bm) (Entered: 08/04/1998)

Aug. 4, 1998

Aug. 4, 1998

93

SUPPLEMENTAL INFORMATION by plaintiffs to motion to alter judgment [83−1]; or to amend judgment [83−2] by DC (zz) (Entered: 08/04/1998)

Aug. 4, 1998

Aug. 4, 1998

94

ORDER by Judge Paul L. Friedman : denying motion to alter judgment [83−1] or amend judgment [83−2] by DC in 1:97−cv−01629 (N) (bm) (Entered: 08/11/1998)

Aug. 11, 1998

Aug. 11, 1998

95

MOTION filed by defendants to extend time to 8/24/98 to file their opposition to plaintiffs' proposed Plan for Resolution on the Issue of Remedy (ks) (Entered: 08/20/1998)

Aug. 19, 1998

Aug. 19, 1998

Case Details

State / Territory: District of Columbia

Case Type(s):

Education

Disability Rights

Key Dates

Filing Date: July 17, 1997

Closing Date: Dec. 18, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several public school students with disabilities in the District of Columbia.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

District of Columbia (Washington, District of Columbia), City

District of Columbia Public Schools (DCPS) (Washington, District of Columbia), School District

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 2014

Content of Injunction:

Preliminary relief granted

Monitor/Master

Monitoring

Issues

Disability:

disability, unspecified