Case: Berry v. Pastorek

2:10-cv-04049 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 26, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 26, 2010, a group of students with disabilities filed this lawsuit in the U.S. District Court for the Eastern District of Louisiana against the Louisiana Department of Education and the Orleans Parish School Board. The plaintiffs, represented by the Lawyers' Committee for Civil Rights Under Law, Southern Poverty Law Center, and private counsel alleged that the defendants acted and continued to act in violation of the Individuals with Disabilities Education Improvement Act (IDEA) of 2…

On October 26, 2010, a group of students with disabilities filed this lawsuit in the U.S. District Court for the Eastern District of Louisiana against the Louisiana Department of Education and the Orleans Parish School Board. The plaintiffs, represented by the Lawyers' Committee for Civil Rights Under Law, Southern Poverty Law Center, and private counsel alleged that the defendants acted and continued to act in violation of the Individuals with Disabilities Education Improvement Act (IDEA) of 2004 (20 U.S.C. § 1400), § 504 of the Rehabilitation Act (ADA) of 1973 (29 U.S.C. § 794), and the Americans with Disabilities Act (42 U.S.C. § 12101). The plaintiffs sought to represent a class consisting of all New Orleans students with disabilities.

Plaintiffs alleged that the New Orleans public schools had denied admission to students with disabilities; refused to evaluate needs for special education; failed to implement individualized education plans; and used abusive restraint techniques on students with disabilities. They sought a declaratory judgment and preliminary and permanent injunctions requiring the defendants to: (1) make their facilities and programs accessible to all students with disabilities; (2) adequately evaluate children with disabilities; (3) implement appropriate education accommodations; (4) and provide students with disabilities with a free appropriate public education.

On March 12, 2014, there was a hearing on the motion for class certification. The District Court (Judge Jay C. Zainey) ordered a stay for filing post-hearing briefs pending the outcome of settlement negotiations between the two parties.

The parties engaged in settlement negotiations during the spring and summer of 2014. On December 19, 2014, the parties submitted a proposed Consent Judgment. The Consent Judgment defined the affected class as present or future New Orleans students who have requested but not received a special education evaluation; have disabilities, attend charter schools, and have been removed from school for 10 days or more without the timely provision of the disciplinary safeguards required by IDEA; have not received services contained in their Individualized Education Plans; have a disability and have been denied admission or told not to apply to a public school because of their disability; or have mobility impairments and have been denied access to programs and services of New Orleans schools because of physical barriers. Judge Zainey issued preliminary approval of the Consent Judgment on January 8th, 2015.

Following preliminary approval of the settlement, in early February, 2015, several parents of class members submitted objections to the Consent Judgment. Before the final hearing on the Judgment, plaintiffs' counsel met with those parents to discuss their concerns. On March 25, the court entered an order granting final approval of the Consent Judgment.

The Consent Judgment required schools to develop processes for finding and evaluating students with disabilities for special education services, implement special education services and related services, review and reform disciplinary policies, and educate charter schools about their legal obligation to enroll students with disabilities. It also dictated reporting requirements and appointed an Independent Monitor to periodically assess defendants' progress. The state would cover the costs of the Independent Monitor. It also provided for the State defendants to seek $700,000 in legislative appropriations to cover their share of plaintiff's attorneys' fees. Additionally, the intervenor defendants, the Orleans Parish School Board, would pay $100,000 to plaintiff's counsel for their share of attorneys' fees.

The Consent Judgment would remain in effect until the state achieved substantial compliance with each of the substantive provisions for two consecutive years. In a July 17, 2018 order regarding the status of the proceedings, the court noted that this meant defendants must first achieve substantial compliance and then maintain that compliance for an additional two consecutive years. The court also clarified that substantial compliance would be interpreted with regard to the compliance with the Consent Judgment itself, not individual compliance with the IDEA.

The August 9, 2018 monitoring report found that the defendants had been in substantial compliance with the Settlement Agreement's substantive provisions for the 2016-2017 and 2017-2018 periods. But in response to an inquiry from the Southern Poverty Law Center, the monitors discovered substantial data errors which led to schools being improperly selected for monitoring. The independent monitors then identified the schools that were improperly subjected to monitoring and the schools that should have been monitored. Finally, the monitors recommended that in light of these errors, the parties meet and discuss an appropriate resolution for moving forward in compliance with the consent judgment. The court set a status conference to discuss the school selection problems in October 2019, and there have been no further docket entries as of May 2020.

The case is ongoing.

Summary Authors

David Cho (10/17/2014)

Lauren Latterell Powell (11/8/2017)

Chris Pollack (3/20/2019)

Hope Brinn (5/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510511/parties/berry-v-pastorek/


Judge(s)

Berrigan, Helen Ginger (Louisiana)

Roby, Karen Wells (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Adler, Krista Dawn (New York)

Banky, Poopak (New York)

Bedi, Sheila A. (Mississippi)

Bolton, Jasmine Ariel (Louisiana)

Callahan, Elizabeth L. (New York)

Cavanaugh, William Francis Jr (District of Columbia)

Coco, Jennifer M. (Louisiana)

Judge(s)

Berrigan, Helen Ginger (Louisiana)

Roby, Karen Wells (Louisiana)

Zainey, Jay C. (Louisiana)

Attorneys(s) for Plaintiff

Adler, Krista Dawn (New York)

Banky, Poopak (New York)

Bedi, Sheila A. (Mississippi)

Bolton, Jasmine Ariel (Louisiana)

Callahan, Elizabeth L. (New York)

Cavanaugh, William Francis Jr (District of Columbia)

Coco, Jennifer M. (Louisiana)

Comstock-Galagan, James E. (Louisiana)

Cruz, Alejandro H. (New York)

DiPaolo, John K. (District of Columbia)

Faridi, Muhammad U. (New York)

Felicello, Rosanne E (New York)

Finger, Davida (Louisiana)

Gelernter, Eugene M. (New York)

Greenbaum, Jon M. (District of Columbia)

Heilman, Eden B. (Louisiana)

Hill, Sophia Mire (Louisiana)

Jones, Victor M (Louisiana)

Katzerman, Jerri (Alabama)

Kurland, Thomas P. (New York)

Luciano, Adriana Teresa (New York)

Mallick, Sumit (District of Columbia)

Ranu, Neilinder Singh (Louisiana)

Schmedlin, William F. (New York)

Schwartzmann, Katharine Murphy (Louisiana)

Shum, Brenda L. (District of Columbia)

Waters, Timothy (New York)

Attorneys(s) for Defendant

Forest, Candice Richards (Louisiana)

Freel, Angelique Duhon (Louisiana)

Fruge, Robert Christopher (Louisiana)

Hammonds, Robert L. (Louisiana)

Hunt, Joan E. (Louisiana)

LeBlanc-Smith, Willa Rebecca (Louisiana)

Manieri, Tyrell T. (Louisiana)

Moog, Audrey E. (District of Columbia)

Sneed, Maree F. (District of Columbia)

Stewart, Wayne Thomas (Louisiana)

Zolman, Kathe R. (Louisiana)

Other Attorney(s)

Sykes, Matthew D. (District of Columbia)

Expert/Monitor/Master

Bailey, Dale (Mississippi)

Mlawer, Mark (California)

Swindol, Ken (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 17, 2019 Docket
1

Complaint - Class Action

Oct. 26, 2010 Complaint
295

Order

P.B. v. John White

March 25, 2015 Order/Opinion
296

Consent Judgment

P.B. v. John White

March 25, 2015 Order/Opinion
339

Status Report

P.B. v. John White

June 20, 2016 Monitor/Expert/Receiver Report
354

Status Report

P.B. v. John White

Dec. 6, 2016 Monitor/Expert/Receiver Report
359-1

Status Report to the Court

P.B. v. John White

May 25, 2017 Monitor/Expert/Receiver Report
387

Order Concerning Status of Case

July 18, 2018 Order/Opinion
388

August 2018 Independent Monitor's Report to Court

Aug. 13, 2018 Monitor/Expert/Receiver Report
399

Independent Monitor Report

P.B. v. White

Oct. 2, 2019 Findings Letter/Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510511/berry-v-pastorek/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek (Filing fee $ 350 receipt number 053L-2672478) filed by Kimberly Jones, Kelly Fischer, Nancy McSween, Chanell Thomas, Leskisher Luckett, Shelton Joseph, Cassandra Berry, Rosezina Jefferson, Cynthia Parker, Jeanette Johnson. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Heilman, Eden) (Entered: 10/26/2010)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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Oct. 26, 2010 RECAP
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**DEFICIENT** MOTION to Certify Class by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration)(Heilman, Eden) Modified on 10/27/2010 (plh, ). (Entered: 10/26/2010)

1 Memorandum in Support

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2 Declaration

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3 Declaration

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Oct. 26, 2010 PACER
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Initial Case Assignment to Judge Helen G. Berrigan and Magistrate Judge Karen Wells Roby. (cl, ) (Entered: 10/26/2010)

Oct. 26, 2010 PACER
4

Summons Issued as to Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. (Attachments: # 1 Summons La Dept of Ed, # 2 Summons BESE)(plh, ) (Entered: 10/27/2010)

1 Summons La Dept of Ed

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2 Summons BESE

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Oct. 27, 2010 PACER
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MOTION to Certify Class by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. Motion Hearing set for 1/19/2011 09:30 AM before Judge Helen G. Berrigan. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Order, # 4 Affidavit Declaration of Representative Plaintiffs, # 5 Affidavit Declaration of Attorney)(Heilman, Eden) (Entered: 10/28/2010)

1 Memorandum in Support

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2 Notice of Hearing

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3 Proposed Order

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4 Affidavit Declaration of Representative Plaintiffs

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5 Affidavit Declaration of Attorney

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Oct. 28, 2010 PACER
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ORDER dismissing as premature plas' 5 Motion to Certify Class as set forth herein. Signed by Judge Helen G. Berrigan on 11/1/2010. (rll, ) (Entered: 11/03/2010)

Nov. 3, 2010 PACER
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EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. (Attachments: # 1 Proposed Order)(Freel, Angelique) (Entered: 11/09/2010)

1 Proposed Order

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Nov. 9, 2010 PACER
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**DEFICIENT** EXPARTE/CONSENT MOTION for Reconsideration re 6 Order on Motion to Certify Class ; by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Heilman, Eden) Modified on 11/12/2010 (plh, ). (Entered: 11/10/2010)

1 Memorandum in Support

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2 Proposed Order

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Nov. 10, 2010 PACER
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ORDER granting 7 Motion for Extension of Time to Answer re 1 Complaint, as to Louisiana Board of Elementary and Secondary Education; Louisiana Department of Education; Paul Pastorek answer due 12/9/2010. Signed by Judge Helen G. Berrigan on 11/12/10. (plh, ) (Entered: 11/12/2010)

Nov. 12, 2010 PACER
10

MOTION for Reconsideration re 6 Order on Motion to Certify Class ; by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. Motion Hearing set for 12/8/2010 09:30 AM before Judge Helen G. Berrigan. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Order)(Heilman, Eden) (Entered: 11/15/2010)

1 Memorandum in Support

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2 Notice of Hearing

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3 Proposed Order

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Nov. 15, 2010 PACER
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ORDER in accordance with 28 U.S.C. 455(a) and 455(e) and with Canon 3-C(1) of the Code of Judicial Conduct. Signed by Judge Helen G. Berrigan on 11/15/10.(plh, ) (Entered: 11/16/2010)

Nov. 15, 2010 PACER
12

**DEFICIENT** EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 1 Complaint, and 8 Motion for Reconsideration by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education. (Attachments: # 1 Proposed Order)(Freel, Angelique) Modified on 12/1/2010 (plh, ). (Entered: 11/30/2010)

1 Proposed Order

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Nov. 30, 2010 PACER
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ORDER TRANSFERRING CASE. Case transferred to Judge Jay C. Zainey for all further proceedings. Judge Helen G. Berrigan no longer assigned to case. Signed by Judge Helen G. Berrigan on 12/1/10.(plh, )(NEF: KCounty, JCZ) (Entered: 12/01/2010)

Dec. 1, 2010 PACER
14

EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply to Document Number 1 and 10 by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Freel, Angelique) (Entered: 12/01/2010)

1 Exhibit

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2 Proposed Order

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Dec. 1, 2010 PACER
15

ORDER GRANTING 14 MOTION for Extension of Time to File Response/Reply. 10 Motion to Reconsider is reset for 1/19/2011 on the briefs. Signed by Judge Jay C. Zainey.(jrc, ) (Entered: 12/03/2010)

Dec. 3, 2010 PACER
16

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 5 receipt number 053L-2742756) by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit)(Freel, Angelique) (Entered: 12/18/2010)

1 Proposed Order

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Dec. 18, 2010 PACER
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ORDER granting 16 Motion to Appear Pro Hac Vice as to Maree Sneed.. Signed by Judge Jay C. Zainey on 1/20/2010. (gbw, ) (Entered: 12/22/2010)

Dec. 20, 2010 PACER
18

MOTION to Transfer Case Venue by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. Motion Hearing set for 1/19/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Freel, Angelique) (Entered: 12/29/2010)

1 Memorandum in Support

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2 Notice of Hearing

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Dec. 29, 2010 PACER
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MOTION to Dismiss Case by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. Motion Hearing set for 2/2/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Freel, Angelique) (Entered: 01/07/2011)

1 Memorandum in Support

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2 Notice of Hearing

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Jan. 7, 2011 PACER
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RESPONSE/MEMORANDUM in Opposition filed by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek re 10 MOTION for Reconsideration re 6 Order on Motion to Certify Class. (Freel, Angelique) Modified on 1/10/2011 (gbw, ). (Entered: 01/07/2011)

Jan. 7, 2011 PACER
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Request/Statement of Oral Argument by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek regarding 19 MOTION to Dismiss Case (Freel, Angelique) (Entered: 01/07/2011)

Jan. 7, 2011 PACER
22

NOTICE regarding oral argument on 19 MOTION to Dismiss. By Clerk.(jrc, ) (Entered: 01/10/2011)

Jan. 10, 2011 RECAP
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RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 18 MOTION to Transfer Case Venue. (Attachments: # 1 Affidavit)(Heilman, Eden) (Additional attachment(s) added on 1/12/2011: # 2 Exhibit 1 part 1, # 3 Exhibit 1 part 2, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 11) (gbw, ). (Entered: 01/11/2011)

1 Affidavit

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2 Exhibit 1 part 1

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3 Exhibit 1 part 2

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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25 Exhibit 24

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26 Exhibit 25

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27 Exhibit 26

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28 Exhibit 27

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29 Exhibit 11

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Jan. 11, 2011 PACER
24

Correction of Docket Entry by Clerk re 23 Response/Memorandum in Opposition to Motion. Filing attorney did not include exhibits. Exhibit 1-27 were subsequently provided to Clerk and has now been attached to the response. (gbw, ) (Entered: 01/12/2011)

Jan. 12, 2011 PACER
25

NOTICE by All Plaintiffs of Intent to Withdraw 10 MOTION for Reconsideration re 6 Order on Motion to Certify Class. (Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

Jan. 13, 2011 PACER
26

MOTION to Appear Pro Hac Vice Sheila A. Bedi (Filing fee $ 5 receipt number 053L-2771445) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified text on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

1 Affidavit

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3 Proposed Order

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Jan. 13, 2011 PACER
27

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jon M. Greenbaum(Filing fee $ 5 receipt number 053L-2771446) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

1 Affidavit

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3 Proposed Order

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Brenda L. Shum(Filing fee $ 5 receipt number 053L-2771447) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

1 Affidavit

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jennifer M. Coco(Filing fee $ 5 receipt number 053L-2771448) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

1 Affidavit

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice John K. DiPaolo(Filing fee $ 5 receipt number 053L-2771449) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice William F. Cavanaugh, Jr. (Filing fee $ 5 receipt number 053L-2771450) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Eugene M. Gelernter(Filing fee $ 5 receipt number 053L-2771451) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Rosanne E. Felicello (Filing fee $ 5 receipt number 053L-2771452) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Krista Caner (Filing fee $ 5 receipt number 053L-2771453) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice William F. Schmedlin (Filing fee $ 5 receipt number 053L-2771454) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Muhammad U. Faridi(Filing fee $ 5 receipt number 053L-2771455) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Poopak Banky (Filing fee $ 5 receipt number 053L-2771456) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Timothy Waters (Filing fee $ 5 receipt number 053L-2771458) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Heilman, Eden) Modified on 1/14/2011 (gbw, ). (Entered: 01/13/2011)

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Jan. 13, 2011 PACER
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Correction of Docket Entry by Clerk re 26 MOTION to Appear Pro Hac Vice Sheila A. Bedi (Filing fee $ 5 receipt number 053L-2771445). Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (gbw, ) (Entered: 01/14/2011)

Jan. 14, 2011 PACER
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EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Case by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Proposed Order)(Heilman, Eden) (Entered: 01/14/2011)

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Jan. 14, 2011 PACER
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EXPARTE/CONSENT MOTION for Leave to File REPLY IN SUPPORT OF MOTION TO TRANSFER VENUE by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Freel, Angelique) (Entered: 01/18/2011)

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Jan. 18, 2011 PACER
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ORDER granting 31 Motion to Appear Pro Hac Vice as to William F. Cavanaugh, Jr. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/18/2011)

Jan. 18, 2011 PACER
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ORDER granting 40 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Case until 2/8/2011; Motion to Dismiss continued for hearing on Court's 2/16/2011 hearing date. Signed by Judge Jay C. Zainey on 1/18/2011.(rll, ) (Entered: 01/18/2011)

Jan. 18, 2011 PACER
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ORDER granting 26 Motion to Appear Pro Hac Vice as to Sheila A. Bedi. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
45

ORDER granting 27 Motion to Appear Pro Hac Vice as to Jon M. Greenbaum. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
46

ORDER granting 28 Motion to Appear Pro Hac Vice as to Brenda L. Shum. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
47

ORDER granting 29 Motion to Appear Pro Hac Vice as to Jennifer M. Coco. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
48

ORDER granting 32 Motion to Appear Pro Hac Vice as to Eugene M. Gelernter. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
49

ORDER granting 33 Motion to Appear Pro Hac Vice as to Rosanne E. Felicello. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
50

ORDER granting 34 Motion to Appear Pro Hac Vice as to Krista Caner. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
51

ORDER granting 35 Motion to Appear Pro Hac Vice as to William F. Schmedlin. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
52

ORDER granting 36 Motion to Appear Pro Hac Vice as to Muhammad U. Faridi. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
53

ORDER granting 37 Motion to Appear Pro Hac Vice as to Poopak Banky. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
54

ORDER granting 38 Motion to Appear Pro Hac Vice as to Timothy Waters. Signed by Judge Jay C. Zainey on 1/18/2011. (rll, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
55

ORDER granting 41 Motion for Leave to File a Reply. Signed by Judge Jay C. Zainey on 1/19/2011. (gbw, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
56

REPLY in Further Support filed by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek re 18 MOTION to Transfer Case Venue. (gbw, ) (Entered: 01/20/2011)

Jan. 20, 2011 PACER
57

ORDER that ORAL ARGUMENT on 10 MOTION for Reconsideration re 6 Order on Motion to Certify Class and 18 MOTION to Transfer Case Venue is set for 2/23/2011 10:00 AM before Judge Jay C. Zainey. No additional memoranda will be accepted for filing in conjunction with these motions. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 01/21/2011)

Jan. 20, 2011 PACER
58

DEFICIENT** MOTION Schedule Status Conference by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. Motion Hearing set for 2/16/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Proposed Order, # 2 Notice of Hearing)(Heilman, Eden) Modified on 1/24/2011 (gbw, ). (Entered: 01/21/2011)

1 Proposed Order

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2 Notice of Hearing

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Jan. 21, 2011 PACER
59

ORDER dismissing as moot 10 Motion for Reconsideration; FURTHER ORDERED that the oral argument set for 2/23/2011 at 10:00 AM will proceed as scheduled but solely as to the Motion to Transfer Venue (Rec. Doc. 18). Signed by Judge Jay C. Zainey on 1/21/2011. (gbw, ) (Entered: 01/24/2011)

Jan. 24, 2011 PACER
60

MOTION to Schedule a Status Conference by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. Motion Hearing set for 2/16/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Order)(Heilman, Eden) (Entered: 01/24/2011)

1 Memorandum in Support

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2 Notice of Hearing

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3 Proposed Order

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Jan. 24, 2011 PACER
61

ORDER granting 30 Motion to Appear Pro Hac Vice as to John K. DiPaolo.. Signed by Judge Jay C. Zainey on 1/21/2011. (gbw, ) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
62

ORDER granting 60 MOTION to Schedule a Status Conference. Assuming that the Court denies the 18 MOTION to Transfer Case Venue, the court will conduct a Status Conference on 2/23/2011, following the oral argument set for that morning. Signed by Judge Jay C. Zainey on 1/25/2011.(gbw, ) (gbw, ). (Entered: 01/25/2011)

Jan. 25, 2011 PACER
63

Correction of Docket Entry by Clerk re 62 Order. Clerk did not attach the image of document. Clerk took corrective action.(gbw, ) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
64

RENEWED MOTION to Certify Class by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. Motion Hearing set for 3/2/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Attorney Declaration, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Affidavit Parent Declarations, # 9 Notice of Hearing, # 10 Proposed Order)(Heilman, Eden) Modified on 2/1/2011 (gbw, ). (Entered: 01/25/2011)

1 Memorandum in Support

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2 Affidavit Attorney Declaration

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3 Exhibit Exhibit 1

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4 Exhibit Exhibit 2

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5 Exhibit Exhibit 3

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6 Exhibit Exhibit 4

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7 Exhibit Exhibit 5

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8 Affidavit Parent Declarations

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9 Notice of Hearing

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10 Proposed Order

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Jan. 25, 2011 PACER
65

Request/Statement of Oral Argument by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas regarding 64 MOTION to Certify Class (Heilman, Eden) (Entered: 01/31/2011)

Jan. 31, 2011 PACER
66

NOTICE regarding oral argument on 64 MOTION to Certify Class filed by plaintiffs. By Clerk. (jrc, ) (Entered: 02/01/2011)

Feb. 1, 2011 PACER
67

ORDER Resetting Hearing on 18 MOTION to Transfer Case Venue : Motion Hearing set for 2/23/2011 is CONTINUED to 3/30/2011 10:00 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 02/02/2011)

Feb. 2, 2011 PACER
68

EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss Case by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Proposed Order)(Heilman, Eden) (Entered: 02/03/2011)

1 Proposed Order

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Feb. 3, 2011 PACER
69

ORDER The Court enters this order to clarify for all interested parties that the Status Conference scheduled to follow the oral argument on 18 MOTION to Transfer Case Venue, has also been moved to Wednesday, 3/30/2011, to immediately follow the oral argument.. Signed by Judge Jay C. Zainey on 2/4/2011.(gbw, ) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
70

ORDER granting 68 Motion for Extension of Time to File Response to Motion to Dismiss; Response due 2/18/2011. Signed by Judge Jay C. Zainey on 2/4/2011. (gbw, ) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
71

ERROR: SINGLE RELIEF USED INSTEAD OF MULTIPLE RELIEFS. MOTION to Continue HEARING ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE MOTION FOR CLASS CERTIFICATION by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. Motion set for 3/16/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Freel, Angelique) Modified on 2/18/2011 (gbw, ). (Entered: 02/17/2011)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Feb. 17, 2011 PACER
72

EXPARTE/CONSENT MOTION to Expedite Motion to Continue Hearing on Plaintiffs Motion by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. (Freel, Angelique) Modified on 2/18/2011 (gbw, ). (Additional attachment(s) added on 2/18/2011: # 1 Proposed Order) (gbw, ). Modified on 2/18/2011 (gbw, ). (Entered: 02/17/2011)

1 Proposed Order

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Feb. 17, 2011 PACER
74

MOTION to Continue Hearing, MOTION for Extension of Time to File Response as to 64 RENEWED MOTION to Certify Class by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. Motion set for 3/16/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(gbw, ) (Entered: 02/18/2011)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Feb. 17, 2011 PACER
73

Correction of Docket Entry by Clerk re 71 MOTION to Continue HEARING ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO THE MOTION FOR CLASS CERTIFICATION. Filing attorney selected only one relief for a multiple-relief motion. To select multiple reliefs, you must select all applicable reliefs by clicking the additional relief(s) under 'Available Events' before clicking the Next button. Clerk took corrective action by re-docketing the document using the reliefs Motion to Continue and Motion for Extension of Time to File Response/Reply. (gbw, ) (Entered: 02/18/2011)

Feb. 18, 2011 PACER
75

Correction of Docket Entry by Clerk re 72 MOTION to Expedite MOTION TO CONTINUE HEARING ON PLAINTIFFS MOTION. Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion. (gbw, ) (Entered: 02/18/2011)

Feb. 18, 2011 PACER
76

RESPONSE/MEMORANDUM in Opposition filed by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas re 19 MOTION to Dismiss Case. (Heilman, Eden) (Entered: 02/18/2011)

Feb. 18, 2011 PACER
77

ORDER granting 74 Motion to Continue/for Extension of Time to File Response/Reply ; denying as moot 72 Motion to Expedite. Signed by Judge Jay C. Zainey on 2/18/11. (jrc, ) (Entered: 02/22/2011)

Feb. 22, 2011 RECAP
78

EXPARTE/CONSENT MOTION for Leave to File Reply in Further Support of Motion to Dismiss by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Freel, Angelique) (Entered: 03/04/2011)

1 Proposed Order

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2 Proposed Pleading

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March 4, 2011 PACER
79

ORDER granting 78 Motion for Leave to File Reply in Further Support of Motion to Dismiss. Signed by Judge Jay C. Zainey on 3/10/2011. (rll, ) (Entered: 03/11/2011)

March 11, 2011 PACER
80

REPLY Memorandum in Support filed by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education re 19 MOTION to Dismiss Case. (rll, ) (Entered: 03/11/2011)

March 11, 2011 PACER
81

Minute Entry for proceedings held before Judge Jay C. Zainey; Oral argument held on 3/30/2011 DENYING 18 MOTION to Transfer Venue. Oral argument on 19 MOTION to Dismiss Case set for 4/26/2011 10:00 AM before Judge Jay C. Zainey. Discovery related to class certification to begin. (Court Reporter Vic DiGiorgio.) (jrc, ) (Entered: 03/30/2011)

March 30, 2011 PACER
82

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-2952042) by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Heilman, Eden) (Entered: 04/15/2011)

1 Affidavit

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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April 15, 2011 PACER
83

ORDER granting 82 Motion to Appear Pro Hac Vice as to Sumit Mallick.. Signed by Judge Jay C. Zainey on 4/18/2011. (gbw, ) (Entered: 04/19/2011)

April 19, 2011 PACER
84

MOTION for Preliminary Injunction by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. Motion set for 5/25/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Notice of Submission, # 13 Proposed Order)(Heilman, Eden) (Entered: 04/26/2011)

1 Memorandum in Support

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2 Affidavit

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Notice of Submission (Civil Only)

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13 Proposed Order

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April 26, 2011 PACER
85

MOTION for Discovery by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. Motion set for 5/25/2011 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Heilman, Eden) Modified on 4/26/2011 (gbw, ). (Per chambers, set bfr Judge Zainey) (Entered: 04/26/2011)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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April 26, 2011 PACER
86

Minute Entry for proceedings held before Judge Jay C. Zainey; Motion Hearing held on 4/26/2011, DENYING 19 MOTION to Dismiss Case filed by Defendants. Proposed CMO due 5/31/11 as to Preliminary Injunction and Class Certification issues. Status Conference set for 7/7/2011 2:30 PM before Judge Jay C. Zainey. Other Deadlines set herein. (Court Reporter Vic DiGiorgio.) (jrc, ) (Entered: 04/26/2011)

April 26, 2011 PACER
87

ANSWER to 1 Complaint, by Louisiana Board of Elementary and Secondary Education, Louisiana Department of Education, Paul Pastorek.(Sneed, Maree) (Entered: 05/10/2011)

May 10, 2011 RECAP
88

Proposed Case Management Order by All Plaintiffs (Heilman, Eden) Modified on 6/1/2011 to edit event (rll, ). (Entered: 05/31/2011)

May 31, 2011 PACER
89

Response/Reply by All Defendants to 88 Proposed Case Management Order (Sneed, Maree) Modified on 6/1/2011 to edit text (rll, ). (Entered: 05/31/2011)

May 31, 2011 PACER
90

ORDER ADDRESSING PROPOSED SCHEDULING ORDERS: ORDERED that a Status Conference is set for 11/1/2011 02:30 AM in chambers before Judge Jay C. Zainey. FURTHER ORDERED that the parties' joint CMO shall be filed by 6/15/2011. Class Certification Hearing is set for 11/30/2011 10:00 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 06/03/2011)

June 3, 2011 PACER
91

Proposed Joint Case Management Order by All Parties (Heilman, Eden) Modified on 6/16/2011 (gbw, ). (Entered: 06/15/2011)

June 15, 2011 PACER
92

CASE MANAGEMENT ORDER. Signed by Judge Jay C. Zainey on 6/20/11.(jrc, ) (Entered: 06/21/2011)

June 21, 2011 PACER
93

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Katie M. Schwartzmann by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Proposed Order)(Heilman, Eden) Modified on 7/1/2011 to edit event & text (rll, ). (Entered: 06/30/2011)

1 Proposed Order

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June 30, 2011 PACER
94

ORDER Status Conference converted to Telephone Conference set for 7/7/2011 9:45 AM. The Court will initiate the call. Signed by Judge Jay C. Zainey.(jrc, ) (Entered: 07/01/2011)

July 1, 2011 PACER
95

ORDER granting 93 Motion to Enroll as Additional Counsel of Record for Attorney Katharine Murphy Schwartzmann for all plaintiffs. Signed by Judge Jay C. Zainey on 7/6/2011. (gbw, ) (Entered: 07/07/2011)

July 7, 2011 PACER
96

Minute Order. Proceedings held before Judge Jay C. Zainey: Telephone Status Conference held on 7/7/2011. ORDERED that a Follow-up Telephone Conference is set for 8/16/2011 10:45 AM before Judge Jay C. Zainey. FURTHER ORDERED that the 84 Motion for Preliminary Injunction & the 85 Motion for Discovery are DENIED AS MOOT. (gbw, ) (Entered: 07/11/2011)

July 7, 2011 RECAP
97

ORDER Settlement Conference set for 8/2/2011 07:30 AM before Judge Lance M Africk. Signed by Judge Jay C. Zainey. (NEF: Judge Africk)(caa, ) (Entered: 07/18/2011)

July 18, 2011 RECAP
98

EXPARTE/CONSENT MOTION to Withdraw Sumit Mallick as Attorney by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Proposed Order)(Heilman, Eden) (Entered: 07/25/2011)

1 Proposed Order

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July 25, 2011 PACER
99

EXPARTE/CONSENT MOTION to Withdraw Rosanne Felicello as Attorney by Cassandra Berry, Kelly Fischer, Rosezina Jefferson, Jeanette Johnson, Kimberly Jones, Shelton Joseph, Leskisher Luckett, Nancy McSween, Cynthia Parker, Chanell Thomas. (Attachments: # 1 Proposed Order)(Heilman, Eden) (Entered: 07/25/2011)

1 Proposed Order

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July 25, 2011 PACER
100

ORDER granting 98 Motion to Withdraw as Attorney for plaintiffs. Attorney Sumit Mallick terminated. Signed by Judge Jay C. Zainey on 7/26/2011. (gbw, ) (Entered: 07/27/2011)

July 27, 2011 PACER

State / Territory: Louisiana

Case Type(s):

Education

Key Dates

Filing Date: Oct. 26, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs filed action on behalf of New Orleans students with disabilities. Settlement class was divided into seven subclasses, comprised of present and future New Orleans students with disabilities as well as present and future New Orleans students who have requested but not been provided with a special education evaluation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

MacArthur Justice Center

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Louisiana Department of Education, State

Louisiana Board of Elementary and Secondary Education, State

Orleans Parish School Board (Algiers), School District

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

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 800000

Order Duration: 2015 - None

Content of Injunction:

Student assignment

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Monitor/Master

Auditing

Monitoring

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

Issues

General:

Assault/abuse by staff

Barrier Removal

Government Services

Individualized planning

Juveniles

Reasonable Accommodations

Reasonable Modifications

School/University Facilities

School/University policies

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Integrated setting

Least restrictive environment

Mental impairment

Mobility impairment

Visual impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run