Case: Brandon A. v. Donahue

Brandon A. v. Education Dept NH

IDEA Complaint; FILING FEE $ 150.00 RECEIPT # 17813 Administrative Record Due 2/18/00 (jeb) Modified on 01/19/2000 (Entered: 01/19/2000)

SUMMONS(ES) issued for Education Dept NH, Epsom SD (jeb) (Entered: 01/19/2000)

IDEA Administrative Record (SEALED) filed; Certificate of Completion due 3/15/00 (mm) (Entered: 02/14/2000)

NOTICE of withdrawal by Attorney Jennifer Johnson for Brandon A. (mm) (Entered: 02/14/2000)

NOTICE of substitute attorney for Brandon A. . Terminated attorney Jennifer A. Johnson for Brandon A. **Substituted attorney Ronald K. Lospennato. (mm) (Entered: 02/16/2000)

MOTION by Education Dept NH to Extend Time until 3/24/00 to file responsive pleading with assent. (mm) (Entered: 03/16/2000)

RETURN OF SERVICE executed as to Education Dept NH 2/25/00 . Answer due on 3/16/00 for Education Dept NH (mm) (Entered: 03/16/2000)

WAIVER OF SERVICE Executed as to Epsom SD ; waiver mailed 2/23/00 ; Answer due on 4/26/00 for Epsom SD (mm) (Entered: 03/16/2000)

ENDORSED ORDER granting [5−1] motion to Extend Time until 3/24/00 to file responsive pleading, reset Answer deadline to 3/24/00 for Education Dept NH ( signed by Magistrate Judge James R. Muirhead ) (mm) (Entered: 03/17/2000)

MOTION by Brandon A. to Extend Time to file certificate of completion with assent. (mm) (Entered: 03/21/2000)

AMENDED COMPLAINT by Brandon A. amending [1−1] disabilities complaint claims and class action (mm) (Entered: 03/22/2000)

ENDORSED ORDER granting [8−1] motion to Extend Time to file certificate of completion, reset Miscellaneous deadline for 4/24/00 re: certificate of completion ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 03/22/2000)

MOTION by Education Dept NH to Dismiss the 1st amended complaint with memorandum and attachments. Objection to Motion Deadline 4/18/00 (mm) (Entered: 03/29/2000)

OBJECTION with memorandum &attachments by Brandon A. to [10−1] motion to Dismiss the 1st amended complaint (mm) (Entered: 04/18/2000)

ANSWER to Complaint [9−1], [1−1] by Epsom SD (Attorney Diane M. McCormack) (mm) (Entered: 04/26/2000)

IDEA Certificate of Completion by Education Dept NH, Epsom SD ; Deadline set for 7/10/00 for parties to file motion for evidentiary hearing or joint statement (mm) (Entered: 05/10/2000)

MOTION by Brandon A. to schedule a trial on the merits or evidentiary hearing with assignment to expeditied trial track and pretrial discovery with memorandum. Objection to Motion Deadline 6/6/00 (mm) (Entered: 05/18/2000)

OBJECTION with memorandum by Education Dept NH to [14−1] motion to schedule a trial on the merits or evidentiary hearing with assignment to expeditied trial track and pretrial discovery (mm) (Entered: 05/23/2000)

ENDORSED ORDER denying [14−1] motion to schedule a trial on the merits or evidentiary hearing with assignment to expeditied trial track and pretrial discovery ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 05/30/2000)

ENDORSED ORDER granting [15−1] motion to correct the motion to schedule a trial on the merits ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 05/30/2000)

NOTICE of appearance by Pamela Jermyn as co−counsel for Brandon A. (mm) (Entered: 06/19/2000)

JOINT STATEMENT of Material Facts filed along with disputed and additional facts; Decision Memoranda due 8/9/00 for Epsom SD, for Brandon A. (mm) (Entered: 07/11/2000)

JOINT STATEMENT of Material Facts filed along with disputed and additional facts; Decision Memoranda due 8/9/00 for Education Dept NH, for Brandon A. (mm) (Entered: 07/11/2000)

MOTION by Concord SD, Exeter School Dist, Hudson School Dist, Litchfield SD, Timberlane Reg Sch, Winnisquam Reg SD, Amherst SD, Mont Vernon School, Souhegan SD for Leave to File amicus curiae brief with assent, no memorandum. (jar) (Entered: 08/10/2000)

DECISION MEMORANDUM filed by Epsom SD ; Objection to Decision Memorandum due 8/29/00 for Brandon A. (jar) (Entered: 08/10/2000)

DECISION MEMORANDUM filed by Education Dept NH ; Objection to Decision Memorandum due 8/29/00 for Brandon A. (jar) (Entered: 08/10/2000)

MOTION by Brandon A. for Oral Argument no memorandum. Objection to Motion Deadline 8/29/00 (jar) (Entered: 08/10/2000)

DECISION MEMORANDUM filed by Brandon A. ; Objection to Decision Memorandum due 8/29/00 for Epsom SD, for Education Dept NH (jar) (Entered: 08/10/2000)

ADDED PARTY Concord SD, Exeter School Dist, Hudson School Dist, Litchfield SD, Timberlane Reg Sch, Winnisquam Reg SD, Amherst SD, Mont Vernon School, Souhegan SD (jar) (Entered: 08/10/2000)

AMICUS CURIAE BRIEF filed by Concord SD, Exeter School Dist et al. (mm) (Entered: 08/16/2000)

ENDORSED ORDER granting [20−1] motion for Leave to File amicus curiae brief ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 08/16/2000)

MOTION by Brandon A. to Strike [25−1] amicus curiae brief Objection to Motion Deadline 9/11/00 (mm) (Entered: 08/22/2000)

MOTION by Epsom SD to Extend Time until 9/29/00 to file objection to decision memo with partial assent (mm) (Entered: 08/28/2000)

Addendum (Notice of late authority) by defendant Epsom SD to [21−1] disabilities memorandum (mm) (Entered: 08/29/2000)

Addendum/Correction by defendant Epsom SD to [21−1] disabilities memorandum (mm) (Entered: 08/29/2000)

Partial OBJECTION by Epsom SD to [23−1] motion for Oral Argument (mm) (Entered: 08/29/2000)

ENDORSED ORDER granting [27−1] motion to Extend Time until 9/29/00 to file objection to decision memo, Objection to IDEA Memo ddl reset to 9/1/00 for [24−1] disabilities memorandum ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 08/31/2000)

OBJECTION by Epsom SD to [24−1] disabilities memorandum with attachments. (mm) Modified on 09/05/2000 (Entered: 09/05/2000)

OBJECTION by Education Dept NH to [24−1] disabilities memorandum . (mm) (Entered: 09/05/2000)

ENDORSED ORDER granting [23−1] motion for Oral Argument ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 09/11/2000)

MOTION by Brandon A. to Strike Appendix A and B from Epsom's objection to plaintiff's decision memo [32−1] Objection to Motion Deadline 10/2/00 (mm) (Entered: 09/11/2000)

OBJECTION with memorandum by Epsom SD to [34−1] motion to Strike Appendix A and B from Epsom's objection to plaintiff's decision memo [32−1] (mm) (Entered: 09/11/2000)

OBJECTION by Timberlane Reg Sch, Winnisquam Reg SD to [26−1] motion to Strike [25−1] amicus curiae brief (mm) (Entered: 09/11/2000)

Oral Argument set at 10:30 10/26/00 before Chief Judge Paul Barbadoro. (mm) (Entered: 09/13/2000)

OBJECTION with memorandum by Epsom SD to [34−1] motion to Strike Appendix A and B from Epsom's objection to plaintiff's decision memo [32−1] (mm) (Entered: 10/02/2000)

MOTION by Epsom SD to reopen joint statement of material facts if the court does not have enough information to affirm the hearing officer's order Objection to Motion Deadline 11/8/00 (mm) (Entered: 10/19/2000)

OBJECTION by Epsom SD to [38−1] motion to reopen joint statement of material facts if the court does not have enough information to affirm the hearing officer's order (mm) (Entered: 10/25/2000)

Exhibit list by Brandon A., Epsom SD for the oral arguments (mm) (Entered: 10/27/2000)

Oral Argument held in courtroom 4 ebfore Judge Barbadoro. Discussion of case. Plaintiff to file stipulation in 14 days, amended complaint to be filed 28 days. Status conference to be held after that. Answer to complaint not due until after status conference (mm) (Entered: 10/27/2000)

TRANSCRIPT for Oral Argument held on 10/26/00; Court Reporter: Sandy K. (mm) (Entered: 10/31/2000)

ORDER parties have agreed to settle Brandon A.'s individual claims. Stipulation to be filed. The time to answer the amended complaint shall be stayed until further order of the court. The clerk shall schedule a status conference after the amended complaint is filed. All pending motions are dismissed without prejudice [38−1] [34−1] [32−1], [26−1] [25−1] [10−1] set Miscellaneous deadline for 11/9/00 re: settlement stipulation , set Amended complaint deadline to 11/24/00 ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 11/03/2000)

Stipulation by Brandon A., Education Dept NH, Epsom SD re: remanding matter to a hearing officer of NH dept. of Education (mm) (Entered: 11/13/2000)

ENDORSED ORDER granting [43−1] stipulation ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 11/14/2000)

SECOND AMENDED COMPLAINT by Brandon A. amending [9−1] amended complaint, [1−1] disabilities complaint parties, allegations (mm) (Entered:

Status conference set at 3:30 12/21/00 before: Chief Judge Barbadoro (mm) (Entered: 12/06/2000)

Original Administrative transcript [2−1] returned to NH Dept. of Education per request of Stephen Berwick. Copy kept for file. (mm) (Entered: 12/08/2000)

ENDORSED ORDER, set Answer deadline to 1/22/01 for Education Dept NH , Response deadline set for 2/21/01 to Motion to Dismiss, if filed ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 12/22/2000)

Status conference held before: Chief Judge Barbadoro Defendant to respond to Amended complaint on or before 1/21/01. (mm) (Entered: 12/22/2000)

MOTION by Education Dept NH to Dismiss with memorandum. Objection to Motion Deadline 2/21/01 (mm) (Entered: 01/23/2001)

MOTION by Epsom SD to appear as amicus curiae with assent. (mm) (Entered: 01/26/2001)

ENDORSED ORDER granting [46−1] motion for Epsom School District to appear as amicus curiae ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 01/30/2001)

MOTION by Brandon A. for Leave to File third amended complaint with cites. Objection to Motion Deadline 3/13/01 (mm) (Entered: 02/22/2001)

MOTION by Brandon A. to Intervene by Justin C. with memorandum attached to document #48.. Objection to Motion Deadline 3/13/01 (mm) (Entered: 02/22/2001)

OBJECTION with memorandum by Brandon A. to [45−1] motion to Dismiss (mm) (Entered: 02/22/2001)

OBJECTION by Education Dept NH to [48−1] motion for Leave to File third amended complaint. Memo is support is document #53. (mm) (Entered: 03/13/2001)

OBJECTION by Education Dept NH to [49−1] motion to Intervene by Justin C. Memo in support is document #53 (mm) (Entered: 03/13/2001)

MEMORANDUM by Education Dept NH in Support of/to [52−1] &[51−1] bjections to motions to amend and intervene (mm) (Entered: 03/13/2001)

MOTION by Brandon A. for Leave to File reply to objection to motion to intervene Junstin C Objection to Motion Deadline 4/4/01 (mm) (Entered: 03/16/2001)

OBJECTION by Education Dept NH to [54−1] motion for Leave to File reply to objection to motion to intervene Junstin C (mm) (Entered: 03/27/2001)

REPLY by Brandon A. to objection to [49−1] motion to Intervene by Justin C. (mm) (Entered: 03/28/2001)

ENDORSED ORDER granting [54−1] motion for Leave to File reply to objection to motion to intervene Junstin C ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 03/28/2001)

MEMORANDUM AND ORDER denying [45−1] motion to Dismiss ( signed by Chief Judge Paul J. Barbadoro ) (jar) (Entered: 08/09/2001)

ORDER denying [49−1] motion to Intervene by Justin C., denying [48−1] motion for Leave to File third amended complaint ( signed by Chief Judge Paul J. Barbadoro ) (jar) (Entered: 08/09/2001)

Terminated party Justin C. (jar) (Entered: 08/09/2001)

ANSWER to Complaint [44−1] by Education Dept NH (mm) (Entered: 10/10/2001)

ENDORSED ORDER granting [59−1] motion to Extend Time until 9/6/01 to answer, reset Answer deadline to 9/6/01 for Education Dept NH ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 09/06/2001)

NOTICE of substitute attorney for Epsom SD . Terminated attorney Diane M. McCormack for Epsom SD **Substituted attorney Gerald M. Zelin. (mm) (Entered: 09/18/2001)

Proposed Discovery Plan (mm) (Entered: 12/21/2001)

ENDORSED ORDER DISCOVERY PLAN ***Case track set−−STNDRD granting [62−1] discovery plan . Length of Trial: 2 days ( signed by Chief Judge Paul J. Barbadoro ). (mm) (Entered: 12/21/2001)

TRIAL NOTICE: Final Pretrial Statements Due 12/6/02 ; Final Pretrial Conference set for 2:00 12/23/02 ; Bench Trial set for 2−week period beginning 9:30 1/7/03 before Chief Judge Paul J. Barbadoro . LR 16.2(d) Objections Due 12/20/02. (mm) (Entered: 01/03/2002)

MOTION by Brandon A. for Leave to File Motion for Class Certification late with assent. (mm) (Entered: 02/08/2002)

MOTION by Brandon A. to Certify class with memorandum and attachments. Objection to Motion Deadline 3/7/02 (mm) (Entered: 02/15/2002)

ENDORSED ORDER granting [63−1] motion for Leave to File Motion for Class Certification late ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 02/15/2002)

MOTION by Education Dept NH to Extend Time until 3/7/02 to file objection to motion for class certification with assent. (mm) (Entered: 02/22/2002)

ENDORSED ORDER granting [65−1] motion to Extend Time until 3/7/02 to file objection to motion for class certification, Objection to Motion reset to 3/7/02 for [64−1] motion to Certify class ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 03/01/2002)

OBJECTION with memorandum and attachments by Education Dept NH to [64−1] motion to Certify class (mm) (Entered: 03/08/2002)

ORDER denying [64−1] motion to Certify class, set Motion To Dismiss Filing deadline to 4/19/02 for Education Dept NH or a statement re: subject metter jurisdiction , ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 04/08/2002)

MOTION by Education Dept NH to Dismiss second amended complaint with memorandum and attachments. Objection to Motion Deadline 5/8/02 (mm) (Entered: 04/19/2002)

MOTION by Brandon A. to Extend Time until 5/10/02 to file objection to Motion to Dismiss with assent (mm) (Entered: 05/09/2002)

OBJECTION with separate memorandum and attachments by Brandon A. to [68−1] motion to Dismiss second amended complaint (mm) (Entered: 05/13/2002)

MOTION by Brandon A. for Summary Judgment with separate memorandum and attachments. Objection to summary judgment deadline 6/12/02 (mm) (Entered: 05/13/2002)

ENDORSED ORDER granting [69−1] motion to Extend Time until 5/10/02 to file objection to Motion to Dismiss, Objection to Motion reset to 5/10/02 for [68−1] motion to Dismiss second amended complaint ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 05/10/2002)

OBJECTION with memorandum by Education Dept NH to [71−1] motion for Summary Judgment (mm) (Entered: 05/20/2002)

REPLY by Education Dept NH to objection to [68−1] motion to Dismiss second amended complaint (mm) (Entered: 05/20/2002)

REPLY by Brandon A. to objection to [71−1] motion for Summary Judgment (mm) (Entered: 05/30/2002)

CORRECTED AFFIDAVIT of Pamela Jermyn−Kaley by Brandon A. Re: [75−1] objection reply (mm) (Entered: 05/30/2002)

SUPPLEMENT/Addendum by defendant Education Dept NH to [68−1] motion to Dismiss second amended complaint regarding new administrative changes effective 7/1/02. (mm) (Entered: 06/06/2002)

ORDER denying [71−1] plaintiff's motion for Summary Judgment, granting [68−1] defendant's motion to Dismiss second amended complaint which is treated as a motionf or summary judgment. ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 06/20/2002)

JUDGMENT is hereby entered in accordance with the Memorandum and Order dated June 19, 2002, by Chief Judge Paul Barbadoro. (Signed by Clerk James R. Starr) (mm) (Entered: 06/20/2002)

Case closed − summary judgment (dismiss) (mm) (Entered: 06/20/2002)