Case: Brandon A. v. Donahue

1:00-cv-00025 | U.S. District Court for the District of New Hampshire

Filed Date: Jan. 14, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On July 1, 1999, the father of a fourteen year-old educationally disabled student in the Epsom (New Hampshire) School District requested a due process hearing challenging the School District's refusal to provide the student with an extended schoolyear program in a therapeutic setting. He also alleged that the School District failed to identify the student as "seriously emotionally disturbed" and to create an individualized education program ("IEP") that addressed his emotional disability. In re…

On July 1, 1999, the father of a fourteen year-old educationally disabled student in the Epsom (New Hampshire) School District requested a due process hearing challenging the School District's refusal to provide the student with an extended schoolyear program in a therapeutic setting. He also alleged that the School District failed to identify the student as "seriously emotionally disturbed" and to create an individualized education program ("IEP") that addressed his emotional disability. In response to the request, the parties unsuccessfully attempted mediation on two occasions.

At the prehearing conference, the school district filed a motion to compel the family to sign a release covering any and all records and oral information in the possession of various psychiatric hospitals, counseling services, and other organizations that provided services. When the family declined to sign, the hearing officer dismissed the matter without prejudice.

This lawsuit ensued: On January 14, 2000, the student became the named plaintiff for a class action against the New Hampshire Department of Education (NHDOE) pursuant to the Individuals with Disabilities Education Act (IDEA), alleging that the plaintiffs have been denied their right to a due process hearing and a decision within 45 days after a request for a hearing is filed with the NHDOE. Plaintiffs were represented by the Disability Rights Center of New Hampshire.

In the individual matter, after a hearing on October 26, 2000, the parties agreed that the court should remand the plaintiff's individual claims to the original hearing officer. The officer held a two-day hearing on December 19 and 22, 2000, and issued a decision on January 2, 2001. The officer awarded the plaintiff three months of compensatory education and ordered the School District to revise its evaluation and meeting procedures to comply with the IDEA.

But the group matter was not so quickly resolved. On November 22, 2000, the plaintiffs filed a second amended complaint alleging that the NHDOE's system of hearings denied students their right to a timely impartial due process hearing and corresponding decision under the IDEA. Specifically, from 1989 to 1999, "the NHDOE received about 80 requests per year for due process hearings. Of the 80 requests, a decision was issued in an average of 15.82 cases per year. The remaining cases settled, were resolved through mediation, or were withdrawn. Since 1989, only 11 out of the 171 hearings conducted were decided within 45 days. Furthermore, in 96 out of the 171 hearings held since 1989, the hearing officers took over 100 days to conclude the hearing and reach a decision."

On January 22, 2001, the NHDOE filed a motion to dismiss, which the court (Judge Paul Barbadoro) denied on August 8, 2001. 2001 WL 920046.

On February 8, 2002, the plaintiffs filed a motion for class certification. On April 5, 2002, the court denied the plaintiff's motion for class certification. Judge Barbadoro explained that after the court denied the defendant's motion to dismiss, the State implemented new regulations requiring the issuance of a written decision not later than 45 days after receipt by the Commissioner of written notice requesting an administrative due process hearing, and mandating that due process hearing officers attend training sessions including case management programs approved by this court. Because the suit primarily sought an injunction requiring the school to adopt and implement a plan for the conduct of due process hearings--which the state had already done--the court stated it was doubtful as to whether a live case or controversy remained between the parties. 2002 WL 534443.

The defendants accordingly filed a motion to dismiss arguing that the case was moot because the second amended complaint attacked the lawfulness of a superseded regulatory regime. The plaintiffs objected to this motion, and on May 10, 2002, the plaintiffs filed a motion for summary judgment.

On June 19, 2002, the court denied the plaintiff's motion for summary judgment, treated the defendant's motion to dismiss as a motion for summary judgment on the merits and granted it, closing the case. The court explained that there was no trial-worthy issue whether the new regulatory regime, facially or as-applied, violated properly understood federal law, and that there was no reason to believe that the NHDOE would backtrack from his commitment to comply with properly understood federal law. 2002 WL 1349529.

Plaintiffs appealed, but then voluntarily dismissed their appeal in September 2002. We have no more information about this case, which is closed.

Summary Authors

Ginny Lee (4/8/2017)

People


Judge(s)

Barbadoro, Paul J. (New Hampshire)

Creatura, John Richard (Washington)

Attorneys(s) for Plaintiff

Chamberlain, Katherine (Washington)

Johnson, Jennifer A. (New Hampshire)

Lospennato, Ronald (New Hampshire)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Smith, Nancy J. (New Hampshire)

Other Attorney(s)

Active

Active

Active

Judge(s)

Barbadoro, Paul J. (New Hampshire)

Creatura, John Richard (Washington)

Attorneys(s) for Plaintiff

Chamberlain, Katherine (Washington)

Johnson, Jennifer A. (New Hampshire)

Lospennato, Ronald (New Hampshire)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Smith, Nancy J. (New Hampshire)

Other Attorney(s)

McCormack, Diane M. (New Hampshire)

Teague, John F. (New Hampshire)

Zelin, Gerald M. (New Hampshire)

Documents in the Clearinghouse

Document

1:00-cv-00025

Docket [PACER]

Brandon A. v. Education Dept NH

Jan. 13, 2004

Jan. 13, 2004

Docket
57

1:00-cv-00025

Memorandum and Order

2001 WL 920046

Aug. 8, 2001

Aug. 8, 2001

Order/Opinion
67

1:00-cv-00025

Memorandum and Order

2002 WL 534443

April 5, 2002

April 5, 2002

Order/Opinion
78

1:00-cv-00025

Memorandum and Order

2002 WL 1349529

June 19, 2002

June 19, 2002

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

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

Jan. 14, 2000

Jan. 14, 2000

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

Jan. 19, 2000

Jan. 19, 2000

2

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

Feb. 14, 2000

Feb. 14, 2000

3

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

Feb. 14, 2000

Feb. 14, 2000

4

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)

Feb. 16, 2000

Feb. 16, 2000

5

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

March 15, 2000

March 15, 2000

6

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)

March 16, 2000

March 16, 2000

7

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)

March 16, 2000

March 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)

March 16, 2000

March 16, 2000

8

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

March 21, 2000

March 21, 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)

March 21, 2000

March 21, 2000

9

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

March 21, 2000

March 21, 2000

10

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)

March 29, 2000

March 29, 2000

11

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

April 17, 2000

April 17, 2000

12

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

April 26, 2000

April 26, 2000

13

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)

May 9, 2000

May 9, 2000

14

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)

May 17, 2000

May 17, 2000

16

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)

May 23, 2000

May 23, 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)

May 26, 2000

May 26, 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)

May 26, 2000

May 26, 2000

17

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

June 16, 2000

June 16, 2000

18

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)

July 10, 2000

July 10, 2000

19

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)

July 10, 2000

July 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)

Aug. 9, 2000

Aug. 9, 2000

20

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)

Aug. 9, 2000

Aug. 9, 2000

21

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

Aug. 9, 2000

Aug. 9, 2000

22

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

Aug. 9, 2000

Aug. 9, 2000

23

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

Aug. 9, 2000

Aug. 9, 2000

24

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)

Aug. 9, 2000

Aug. 9, 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)

Aug. 15, 2000

Aug. 15, 2000

25

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

Aug. 15, 2000

Aug. 15, 2000

26

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

Aug. 22, 2000

Aug. 22, 2000

27

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)

Aug. 28, 2000

Aug. 28, 2000

28

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

Aug. 29, 2000

Aug. 29, 2000

29

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

Aug. 29, 2000

Aug. 29, 2000

30

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

Aug. 29, 2000

Aug. 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)

Aug. 30, 2000

Aug. 30, 2000

32

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

Sept. 1, 2000

Sept. 1, 2000

33

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

Sept. 1, 2000

Sept. 1, 2000

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

Sept. 8, 2000

Sept. 8, 2000

34

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)

Sept. 11, 2000

Sept. 11, 2000

35

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)

Sept. 11, 2000

Sept. 11, 2000

36

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

Sept. 11, 2000

Sept. 11, 2000

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

Sept. 13, 2000

Sept. 13, 2000

37

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)

Oct. 2, 2000

Oct. 2, 2000

38

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)

Oct. 19, 2000

Oct. 19, 2000

39

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)

Oct. 24, 2000

Oct. 24, 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)

Oct. 26, 2000

Oct. 26, 2000

40

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

Oct. 26, 2000

Oct. 26, 2000

41

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

Oct. 31, 2000

Oct. 31, 2000

42

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)

Nov. 1, 2000

Nov. 1, 2000

43

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)

Nov. 13, 2000

Nov. 13, 2000

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

Nov. 14, 2000

Nov. 14, 2000

44

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

Nov. 22, 2000

Nov. 22, 2000

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

Dec. 6, 2000

Dec. 6, 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)

Dec. 8, 2000

Dec. 8, 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)

Dec. 21, 2000

Dec. 21, 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)

Dec. 21, 2000

Dec. 21, 2000

45

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

Jan. 22, 2001

Jan. 22, 2001

46

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

Jan. 26, 2001

Jan. 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)

Jan. 29, 2001

Jan. 29, 2001

48

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)

Feb. 21, 2001

Feb. 21, 2001

49

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)

Feb. 21, 2001

Feb. 21, 2001

50

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

Feb. 21, 2001

Feb. 21, 2001

51

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)

March 12, 2001

March 12, 2001

52

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)

March 12, 2001

March 12, 2001

53

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)

March 13, 2001

March 13, 2001

54

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)

March 15, 2001

March 15, 2001

55

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)

March 27, 2001

March 27, 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)

March 27, 2001

March 27, 2001

56

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

March 27, 2001

March 27, 2001

57

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

Aug. 8, 2001

Aug. 8, 2001

58

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)

Aug. 8, 2001

Aug. 8, 2001

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

Aug. 9, 2001

Aug. 9, 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)

Sept. 6, 2001

Sept. 6, 2001

61

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

Sept. 6, 2001

Sept. 6, 2001

60

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)

Sept. 18, 2001

Sept. 18, 2001

62

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

Dec. 21, 2001

Dec. 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)

Dec. 21, 2001

Dec. 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)

Jan. 3, 2002

Jan. 3, 2002

63

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

Feb. 8, 2002

Feb. 8, 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)

Feb. 15, 2002

Feb. 15, 2002

64

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

Feb. 15, 2002

Feb. 15, 2002

65

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)

Feb. 22, 2002

Feb. 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)

Feb. 28, 2002

Feb. 28, 2002

66

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

March 7, 2002

March 7, 2002

67

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)

April 5, 2002

April 5, 2002

68

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)

April 18, 2002

April 18, 2002

69

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)

May 8, 2002

May 8, 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)

May 10, 2002

May 10, 2002

70

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

May 10, 2002

May 10, 2002

71

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)

May 10, 2002

May 10, 2002

73

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

May 20, 2002

May 20, 2002

74

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

May 20, 2002

May 20, 2002

75

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

May 29, 2002

May 29, 2002

76

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

May 30, 2002

May 30, 2002

77

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)

June 6, 2002

June 6, 2002

78

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)

June 19, 2002

June 19, 2002

79

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)

June 20, 2002

June 20, 2002

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

June 20, 2002

June 20, 2002

Case Details

State / Territory: New Hampshire

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 14, 2000

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs with learning disability who have been denied their right to a due process hearing and a decision within 45 days after a request for a hearing

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of New Hampshire Department of Education, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Non-settlement Outcome

None of the above

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified