Case: Issa v. School District of Lancaster

U. S. Court of Appeals for the Third Circuit

Jo Napolitano

COMPLAINT against THE SCHOOL DISTRICT OF LANCASTER ( Filing fee $ 400 receipt number 143831.), filed by SUI HNEM SUNG, KHADIDJA ISSA, Q.M.H., ANYEMU DUNIA, V.N.L., ALEMBE DUNIA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet)(rt) (Entered: 07/19/2016)

1 Exhibit

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2 Exhibit

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3 Civil Cover Sheet

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MOTION to Certify Class filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L..Memorandum in Support, Certificate of Service. (Attachments: # 1 Exhibit)(GURNEY, KAITLIN) (Entered: 07/19/2016)

1 Exhibit

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Summons Issued as to THE SCHOOL DISTRICT OF LANCASTER. One Given To: Counsel on July 19, 2016 (rt)

Declaration of Service of Complaint by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L.. (GURNEY, KAITLIN) (Entered: 07/20/2016)

NOTICE of Appearance by WITOLD J. WALCZAK on behalf of ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. (WALCZAK, WITOLD) (Entered: 07/21/2016)

NOTICE of Appearance by MOLLY M. TACK-HOOPER on behalf of ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. (TACK-HOOPER, MOLLY) (Entered: 07/22/2016)

NOTICE of Appearance by SETH KREIMER on behalf of ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. (KREIMER, SETH) (Entered: 07/22/2016)

MOTION for Preliminary Injunction filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L..Memorandum, Certificate Of Service. (Attachments: # 1 Exhibit 1-8)(GURNEY, KAITLIN) (Entered: 07/22/2016)

1 Exhibit 1-8

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MOTION to Expedite Discovery filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L..Memorandum,Certificate Of Service. (Attachments: # 1 Exhibit A-C)(GURNEY, KAITLIN) (Entered: 07/22/2016)

1 Exhibit A-C

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ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE ON MONDAY, JULY 25, 2016, AT 10:00 A.M. TO DISCUSS (AT LEAST PRELIMINARILY) THE AFOREMENTIONED MOTIONS, ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/22/16. 7/22/16 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(er, ) (Entered: 07/22/2016)

NOTICE of Appearance by SHARON M. O'DONNELL on behalf of THE SCHOOL DISTRICT OF LANCASTER, THE SCHOOL DISTRICT OF LANCASTER with Certificate of Service(O'DONNELL, SHARON) (Entered: 07/22/2016)

MOTION for Extension of Time to File Answer re 1 Complaint, filed by THE SCHOOL DISTRICT OF LANCASTER.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Non-Concurrence)(O'DONNELL, SHARON) (Entered: 07/22/2016)

1 Text of Proposed Order

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2 Certificate of Non-Concurrence

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NOTICE of Appearance by KATHLEEN A. MULLEN on behalf of ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. with Certificate of Service(MULLEN, KATHLEEN) (Entered: 07/25/2016)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 7/25/16. Court Reporter: None. (er, ) (Entered: 07/25/2016)

ORDER THAT THE MOTION TO EXPEDITE DISCOVERY (DOC. NO. 8) IS GRANTED, AND THE PARTIES SHALL PROCEED WITH DISCOVERY PURSUANT TO THE TERMS OF THIS ORDER. THE PARTIES SHALL RESPOND TO AND PRODUCE DOCUMENTS RESPONSIVE TO DISCOVERY REQUESTS BY AUGUST 5, 2016. THE PARTIES SHALL CONDUCT DEPOSITIONS DURING THE WEEK OF AUGUST 8, 2016. THE PARTIES SHALL EXCHANGE ANY EXPERT REPORTS BY AUGUST 12, 2016. THE COURT WILL HOLD AN EVIDENTIARY HEARING REGARDING THE PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 7) BEGINNING ON AUGUST 16, 2016, AT 9:30 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA 18042. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/25/16. 7/25/16 ENTERED AND COPIES E-MAILED, MAILED.(er, ) Modified on 7/25/2016 (er, ). (Entered: 07/25/2016)

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by THE SCHOOL DISTRICT OF LANCASTER. (Attachments: # 1 Text of Proposed Order Order)(O'DONNELL, SHARON) (Entered: 08/01/2016)

1 Text of Proposed Order Order

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Memorandum of Law Contra re 7 MOTION for Preliminary Injunction filed by THE SCHOOL DISTRICT OF LANCASTER. (O'DONNELL, SHARON) (Entered: 08/01/2016)

NOTICE of Appearance by HEDYA ARYANI on behalf of ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. with Certificate of Service(ARYANI, HEDYA) (Entered: 08/02/2016)

RESPONSE in Opposition re 11 MOTION for Extension of Time to File Answer re 1 Complaint, filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L.. (GURNEY, KAITLIN) (Entered: 08/04/2016)

ORDER THAT THE MOTION FOR ENLARGEMENT OF TIME (DOC. NO. 11) IS GRANTED IN PART AND THE DEFENDANT SHALL HAVE UNTIL AUGUST 12, 2016 TO RESPOND TO THE COMPLAINT. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/4/16.8/4/16 ENTERED AND COPIES MAILED, E-MAILED.(er, ) (Entered: 08/04/2016)

REPLY to Response to Motion re 7 MOTION for Preliminary Injunction /REPLY TO DEFENDANTS MEMORANDUM OF LAW CONTRA PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L.. (ROTHSCHILD, ERIC) (Entered: 08/08/2016)

MOTION to Dismiss (Partial Dismissal) filed by THE SCHOOL DISTRICT OF LANCASTER.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(O'DONNELL, SHARON) (Entered: 08/09/2016)

1 Memorandum

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2 Text of Proposed Order

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NOTICE of Appearance by KRISTINA MOON on behalf of ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. with Certificate of Service(MOON, KRISTINA) (Entered: 08/11/2016)

ANSWER to 1 Complaint, with Affirmative Defenses by THE SCHOOL DISTRICT OF LANCASTER.(O'DONNELL, SHARON) (Entered: 08/15/2016)

NOTICE of Appearance by MAURA I. MCINERNEY on behalf of ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. (MCINERNEY, MAURA) (Entered: 08/15/2016)

RESPONSE in Opposition re 2 MOTION to Certify Class filed by THE SCHOOL DISTRICT OF LANCASTER. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support of Response in Opposition to Plaintiffs' Motion for Class Action Certification)(O'DONNELL, SHARON) (Entered: 08/15/2016)

1 Text of Proposed Order

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2 Memorandum in Support of Response in Opposition to Plaintiffs' Motion for C

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Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Motion on Preliminary Injunction Hearing held on 8/16/16: MOTION for Preliminary Injunction filed by V.N.L., KHADIDJA ISSA, ALEMBE DUNIA, SUI HNEM SUNG, ANYEMU DUNIA, Q.M.H. Court Reporter: ESR. (er, ) (Entered: 08/17/2016)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Motion Hearing held on 8/17/16 Re: MOTION for Preliminary Injunction. Witness sworn. Exhibits admitted. Court Reporter: ESR. (er, ) (Entered: 08/17/2016)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Hearing on Motion for Preliminary Injunction (7) held on 8/18/16. Witnesses sworn and testified. Exhibits admitted into evidence. Court Reporter: esr. (er, ) (Entered: 08/19/2016)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Motion Hearing held on 8/19/16 Re: (7) MOTION for Preliminary Injunction filed by V.N.L., KHADIDJA ISSA, ALEMBE DUNIA, SUI HNEM SUNG, ANYEMU DUNIA, Q.M.H. Witnesses sworn and testified. Exhibits admitted into evidence with no objection. Court Reporter: ESR. (er, ) (Entered: 08/22/2016)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Motion Hearing held on 8/22/16 for MOTION for Preliminary Injunction (7) filed by V.N.L., KHADIDJA ISSA, ALEMBE DUNIA, SUI HNEM SUNG, ANYEMU DUNIA, Q.M.H. Witnesses sworn and testified. Exhibits P1 and P4 admitted into evidence. Court Reporter: ESR. (er, ) (Entered: 08/23/2016)

MOTION to Amend/Correct 23 Answer to Complaint filed by THE SCHOOL DISTRICT OF LANCASTER.Brief, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Brief in Support of Defendant's Motion for Leave to Amend)(O'DONNELL, SHARON) (Entered: 08/24/2016)

1 Exhibit A

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2 Text of Proposed Order

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3 Brief in Support of Defendant's Motion for Leave to Amend

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Memorandum re 7 MOTION for Preliminary Injunction Defendant's Proposed Findings of Fact, Conclusions of Law and Supporting Memorandum of Law filed by THE SCHOOL DISTRICT OF LANCASTER. (Attachments: # 1 Text of Proposed Order)(O'DONNELL, SHARON) (Entered: 08/25/2016)

1 Text of Proposed Order

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PLAINTIFFS POST-HEARING FINDINGS OF FACT AND CONCLUSIONS OF LAW by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L.. (ROTHSCHILD, ERIC) (Entered: 08/25/2016)

EXHIBIT A to Defendant's Proposed Findings of Fact, Conclusions of Law and Supporting Memorandum of Law by THE SCHOOL DISTRICT OF LANCASTER.. (O'DONNELL, SHARON) (Entered: 08/25/2016)

MEMORANDUM OPINION. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/26/16. 8/26/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 08/26/2016)

ORDER THAT THE PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 7) IS GRANTED IN PART AND, PENDING FINAL RESOLUTION OF THIS MATTER, THE SCHOOL DISTRICT SHALL: ENROLL AND PERMIT THE SCHOOL-AGE PLAINTIFFS, WHO SO WISH, TO ATTEND THE MAIN HIGH SCHOOL, MCCASKEY, BEGINNING ON AUGUST 29, 2016, ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/26/16. 8/26/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 08/26/2016)

ORDER THAT THE COURT WILL HOLD A PRELIMINARY PRETRIAL CONFERENCE ON SEPTEMBER 22, 2016, AT 11:00 A.M., AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA 18042. THIS CASE IS REFERRED TO UNITED STATES MAGISTRATE JUDGE MARILYN HEFFLEY FOR A SETTLEMENT CONFERENCE. THE SETTLEMENT CONFERENCE WILL BE HELD ON SEPTEMBER 27, 2016, AT 9:30 A.M., BEFORE MAGISTRATE JUDGE HEFFLEY. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/26/16. 8/26/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 08/26/2016)

The sum of $1 deposited into the Registry of the Court. (rf, ) Modified on 8/29/2016 (rf, ).

ORDER THAT SETTLEMENT CONFERENCE SET FOR 9/27/2016 09:30 AM. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/30/16. 8/30/16 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 08/30/2016)

NOTICE OF APPEAL as to 36 Order (Memorandum and/or Opinion), by THE SCHOOL DISTRICT OF LANCASTER, Certificate of Service. Filing Fee Not Paid. Copies to Judge, Clerk USCA, Appeals Clerk. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(O'DONNELL, SHARON) Modified on 8/30/2016 (md). (Entered: 08/30/2016)

1 Exhibit A

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2 Exhibit B

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USCA Appeal Fees received $ 505 receipt number PPE146009 re 39 Notice of Appeal, filed by THE SCHOOL DISTRICT OF LANCASTER (rf, )

NOTICE of Docketing Record on Appeal from USCA re 39 Notice of Appeal, filed by THE SCHOOL DISTRICT OF LANCASTER. USCA Case Number 16-3528 (dmc, )

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 9/6/16 Court Reporter: None. (er, ) (Entered: 09/06/2016)

MOTION FOR LEAVE TO WITHDRAW APPEARANCE OF ERIC ROTHSCHILD AS COUNSEL FOR PLAINTIFFS filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L..Certificate of Concurrence and Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ROTHSCHILD, ERIC) (Entered: 09/09/2016)

1 Text of Proposed Order

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Emergency MOTION to Certify Class (Provisional) and Entry of Preliminary Injunction Protecting Similarly-Situated Students filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L..Memorandum of Law in Support, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit 1-10)(MULLEN, KATHLEEN) (Attachment 3 replaced on 9/16/2016) (fb). Modified on 9/16/2016 (fb). (Entered: 09/16/2016)

1 Text of Proposed Order

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2 Memorandum in Support

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3 Exhibit 1-10

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ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO WITHDRAW APPEARANCE OF ERIC ROTHSCHILD AS COUNSEL FOR PLAINTIFFS, AND GOOD CAUSE HAVING BEEN SHOWN IS GRANTED, AND ERIC ROTHSCHILD IS HEREBY WITHDRAWN AS COUNSEL OF RECORD FOR PLAINTIFFS. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/16/16.9/16/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 09/16/2016)

LETTER re Request to Reschedule Preliminary Pretrial Conference by THE SCHOOL DISTRICT OF LANCASTER. (O'DONNELL, SHARON) Modified on 9/19/2016 (md). (Entered: 09/16/2016)

LETTER re Objections by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L. to 44 Letter to Reschedule Preliminary Pre-trial Conference. (WALCZAK, WITOLD) Modified on 9/20/2016 (md). (Entered: 09/19/2016)

ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE ON MONDAY, SEPTEMBER 19, 2016, AT 4:30 P.M. TO DISCUSS THE DEFENDANTS REQUEST TO RESCHEDULE THE PRELIMINARY PRETRIAL CONFERENCE CURRENTLY SCHEDULED FOR SEPTEMBER 22, 2016,. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/19/16. 9/19/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 09/19/2016)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 9/19/16. Court Reporter: None. (er, ) (Entered: 09/20/2016)

ORDER THAT THE INITIAL PRETRIAL CONFERENCE SCHEDULED FOR SEPTEMBER 22, 2016 IS CANCELED. THE COURT WILL HOLD A JOINT INITIAL PRETRIAL CONFERENCE AND HEARING ON THE PLAINTIFFS' EMERGENCY MOTION FOR PROVISIONAL CLASS CERTIFICATION AND ENTRY OF PRELIMINARY INJUNCTION (DOC. NO. 42) ON SEPTEMBER 28, 2016, AT 9:30 A.M., AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA 18042. THE DEFENDANTS SHALL FILE A RESPONSE TO THE PLAINTIFFS EMERGENCY MOTION BY SEPTEMBER 26, 2016, AT 4:00 P.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/20/16. 9/20/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 09/20/2016)

Set/Reset Deadlines as to 42 Emergency MOTION to Certify Class (Provisional) and Entry of Preliminary Injunction Protecting Similarly-Situated Students. RESPONSES DUE BY 9/26/2016. (er, )

Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via TELEPHONE held on 9/22/16. (jl, ) (Entered: 09/22/2016)

Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 9/21/16. (rf, ) (Entered: 09/22/2016)

RESPONSE in Opposition re 42 Emergency MOTION to Certify Class (Provisional) and Entry of Preliminary Injunction Protecting Similarly-Situated Students filed by THE SCHOOL DISTRICT OF LANCASTER. (Attachments: # 1 Exhibit A)(O'DONNELL, SHARON) (Entered: 09/26/2016)

1 Exhibit A

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Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 9/27/16. (rf, ) (Entered: 09/28/2016)

Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Motion Hearing held on 9/28/16 re Emergency MOTION FOR CLASS CERTIFICATION AND PRETRIAL CONFERENCE. Exhibits admitted. Court Reporter: ESR. (er, ) (Entered: 09/28/2016)

ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE ON OCTOBER 5, 2016, AT 11:30 A.M. TO DISCUSS THE ISSUES RAISED AT THE HEARING, ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/28/16. 9/28/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 09/28/2016)

RESPONSE in Opposition re 42 Emergency MOTION to Certify Class (Provisional) and Entry of Preliminary Injunction Protecting Similarly-Situated Students (Supplemental Response) filed by THE SCHOOL DISTRICT OF LANCASTER. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(O'DONNELL, SHARON) (Entered: 10/04/2016)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Status Conference held on 10/5/16. Court Reporter: esr. (er, ) Modified on 10/11/2016 (md). (Entered: 10/05/2016)

ORDER THAT THE PLAINTIFFS SHALL HAVE UNTIL NOVEMBER 21, 2016, TO FILE A RESPONSE TO THE DEFENDANT'S MOTION TO DISMISS. THE PARTIES SHALL COMPLETE ALL DISCOVERY RELATED TO CLASS CERTIFICATION BY DECEMBER 5, 2016. THE PLAINTIFFS SHALL FILE AN AMENDED MOTION FOR CLASS CERTIFICATION BY DECEMBER 9, 2016. THE DEFENDANT SHALL FILE A RESPONSE TO THE PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION BY DECEMBER 16, 2016. THE COURT WILL HOLD A HEARING ON THE PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION ON DECEMBER 21, 2016, AT 9:30 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/5/16. 10/6/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 10/06/2016)

ORDER THAT THE PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (DOC. NO. 2) IS DENIED WITHOUT PREJUDICE TO THE PLAINTIFFS' ABILITY TO FILE AN AMENDED MOTION AFTER THE COMPLETION OF CLASS-RELATED DISCOVERY. IT IS FURTHER ORDERED THAT THE DEFENDANT' S MOTION TO AMEND THEIR ANSWER TO THE COMPLAINT (DOC. NO. 31) IS GRANTED. THE DEFENDANT SHALL FILE AN AMENDED ANSWER WITHIN 14 DAYS OF THIS ORDER. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/11/16.10/11/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 10/11/2016)

TRANSCRIPT of Preliminary Injunction held on 8/16/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT NATIONAL COURT REPORTING COMPANY. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction Hearing held on 8/16/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction held on 8/17/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT NATIONAL COURT REPORTING COMPANY. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction Hearing held on 8/17/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction Hearing held on 8/17/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction held on 8/18/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction Hearing held on 8/18/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction held on 8/19/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction Hearing held on 8/19/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction held on 8/19/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction held on 8/22/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT NATIONAL COURT REPORTING COMPANY. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction Hearing held on 8/22/16, before Judge SMITH. Court Reporter/Transcriber VERITEXT NATIONAL COURT REPORTING COMPANY. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

TRANSCRIPT of Preliminary Injunction held on 8/22/16, before Judge SMITH. Court Reporter/Transcriber SMITH. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/2/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/10/2017. (rf, ) (Entered: 10/13/2016)

Notice of Filing of Official Transcript with Certificate of Service re 65 Transcript - PDF, 64 Transcript - PDF, 61 Transcript - PDF,, 63 Transcript - PDF, 60 Transcript - PDF, 62 Transcript - PDF, 59 Transcript - PDF,, 71 Transcript - PDF, 69 Transcript - PDF,, 66 Transcript - PDF, 67 Transcript - PDF, 70 Transcript - PDF,, 68 Transcript - PDF, 10/12/16 Entered and Copies Emailed and Mailed.. (rf, ) (Entered: 10/13/2016)

ORDER THAT THE PLAINTIFFS' EMERGENCY MOTION (DOC. NO. 42) IS DENIED WITHOUT PREJUDICE TO REFILING AFTER THE THIRD CIRCUIT HAS CONCLUDED ITS REVIEW OF THIS MATTER. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/14/16.10/14/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 10/14/2016)

AMENDED ANSWER to 1 Complaint, with Affirmative Defenses by THE SCHOOL DISTRICT OF LANCASTER.(O'DONNELL, SHARON) (Entered: 11/14/2016)

ORDER THAT ALL DISCOVERY ISSUES IN THIS MATTER ARE REFERRED TO UNITED STATES MAGISTRATE JUDGE MARILYN HEFFLEY FOR RESOLUTION. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/21/16. 11/21/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 11/21/2016)

Memorandum Of Law In Opposition re 21 MOTION to Dismiss (Partial Dismissal) filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L.. (MULLEN, KATHLEEN) (Entered: 11/21/2016)

REPLY to Response to Motion re 21 MOTION to Dismiss (Partial Dismissal) filed by THE SCHOOL DISTRICT OF LANCASTER. (O'DONNELL, SHARON) (Entered: 11/23/2016)

ORDER THAT THE COURT WILL HOLD ORAL ARGUMENT ON THE DEFENDANTS MOTION TO DISMISS ON DECEMBER 21, 2016, AT 9:30 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/28/16. 11/28/16 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 11/28/2016)

MOTION to Amend/Correct 57 Order,, filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L..Memorandum of Law in Support, Certificate of Service.(MULLEN, KATHLEEN) (Entered: 11/29/2016)

ORDER THAT PLAINTIFFS REQUEST THAT THE COURT REQUIRE DEFENDANT TO RESPOND TO PLAINTIFFS 10.3.16 INTERROGATORY NO. 5, INCLUDING SUBPARTS (a) THROUGH (c) IS GRANTED. DEFENDANTS OBJECTION THAT "THE INFORMATION SOUGHT IN PLAINTIFFS INTERROGATORY NO. 5 IS AN INAPPROPRIATE INQUIRY FOR INFORMATION UNDER RULE 23(a)(b)" SHALL NOT BE RELIED UPON AS THE BASIS FOR REFUSAL TO ANSWER THE INTERROGATORY. DEFENDANT SHALL PROVIDE PLAINTIFFS WITH SUPPLEMENTAL RESPONSES TO PLAINTIFFS 10/3/16 INTERROGATORY NO. 5 ON OR BEFORE 12/5/16. PLAINTIFFS, REQUEST THAT THE COURT REQUIRE DEFENDANT TO RESPOND TO PLAINTIFFS 10/3/16 DOCUMENT PRODUCTION REQUEST IS GRANTED. DEFENDANT SHALL RESPOND TO PLAINTIFFS 10/3/16 DOCUMENT PRODUCTION REQUEST ON OR BEFORE 12/5/16. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/29/16. 11/29/16 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 11/29/2016)

ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE TO DISCUSS THE MOTION ON TUESDAY, DECEMBER 6, 2016 AT 2:00 P.M., ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/2/16. 12/2/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 12/02/2016)

RESPONSE in Opposition re 79 MOTION to Amend/Correct 57 Order,, filed by THE SCHOOL DISTRICT OF LANCASTER. (Attachments: # 1 Text of Proposed Order)(O'DONNELL, SHARON) (Entered: 12/05/2016)

1 Text of Proposed Order

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Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 12/6/16. Court Reporter: None. (er, ) (Entered: 12/06/2016)

ORDER THAT THE MOTION TO AMEND THE CLASS CERTIFICATION SCHEDULING ORDER (DOC. NO. 79), IS GRANTED. THE SCHEDULING ORDER REGARDING CLASS CERTIFICATION DISCOVERY (DOC. NO. 57) IS HEREBY AMENDED AS FOLLOWS: THE PARTIES SHALL COMPLETE ALL DISCOVERY RELATED TO CLASS CERTIFICATION BY FEBRUARY 10, 2017. THE PLAINTIFFS SHALL FILE AN AMENDED MOTION FOR CLASS CERTIFICATION BY FEBRUARY 17, 2017, ETC. THE COURT WILL HOLD A HEARING ON THE PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION AND ORAL ARGUMENT ON THE DEFENDANT'S MOTION TO DISMISS ON MARCH 2, 2017, AT 10:00 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/6/16. 12/6/16 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 12/06/2016)

Set/Reset Deadlines as to 21 MOTION to Dismiss (Partial Dismissal). MOTION HEARING SET FOR 3/2/2017 10:00 AM IN COURTROOM BEFORE HONORABLE EDWARD G. SMITH. (er, )

DISCOVERY DUE BY 2/10/2017. MOTIONS DUE BY 2/17/2017. (er, )

ORDER THAT DEFENDANT SHALL HAVE UNTIL 1/6/17 TO PROVIDE COMPLETE RESPONSES TO PLAINTIFFS OUTSTANDING INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AS IDENTIFIED IN MS. MCINERNEY'S 12/13/16 LETTER. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 12/20/16. 12/20/16 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 12/20/2016)

ORDER THAT IT IS UNCLEAR FROM THE PARTIES SUBMISSIONS THAT DEFENDANT INTENTIONALLY DISCLOSED CONFIDENTIAL SETTLEMENT COMMUNICATIONS. THE PARTIES, HOWEVER, ARE ADMONISHED THAT COMPLIANCE WITH E.D.PA.R.53.3(3) REGARDING THE CONFIDENTIALITY OF ALTERNATIVE DISPUTE RESOLUTION ("ADR") COMMUNICATION IS MANDATORY. SPECIFICALLY, E.D.PA.R.53.3(3) REQUIRES THAT ADR PROCESSES, INCLUDING SETTLEMENT CONFERENCES, "SHALL BE CONFIDENTIAL, AND DISCLOSURE BY ANY PERSON OF CONFIDENTIAL DISPUTE RESOLUTION COMMUNICATIONS IS PROHIBITED UNLESS CONFIDENTIALITY HAS BEEN WAVED BY ALL PARTICIPANTS IN THE ADR PROCESS, OR DISCLOSURE IS ORDERED BY THE ASSIGNED JUDGE FOR GOOD CAUSE SHOWN" DEFENDANTS REQUEST FOR A RULE TO SHOW CAUSE PURSUANT TO FED.R.CIV.P.11(c)(3) IS DENIED. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 12/21/16. 12/21/16 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 12/21/2016)

STIPULATED Proposed Protective Order Regarding Discovery filed by ALEMBE DUNIA, ANYEMU DUNIA, KHADIDJA ISSA, Q.M.H., SUI HNEM SUNG, V.N.L.(MOON, KRISTINA) (FILED IN ERROR BY ATTY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/20/2017 (md). (Entered: 01/19/2017)

STIPULATED PROTECTIVE ORDER. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/20/17. 1/20/17 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 01/20/2017)

MOTION to Continue 3/2/17 Argument to Court's Next Available Date filed by THE SCHOOL DISTRICT OF LANCASTER.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(O'DONNELL, SHARON) (Entered: 02/08/2017)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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ORDER THAT THE HEARING SCHEDULED FOR MARCH 2, 2017 IS CANCELED AND THE DEADLINES IN THE COURT'S AMENDED CLASS CERTIFICATION SCHEDULING ORDER (DOC. NO. 84) ARE STAYED PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/14/17. 2/14/17 ENTERED AND COPIES MAILED, E-MAILED.(er, ) (Entered: 02/14/2017)

ORDER SETTLEMENT CONFERENCE SET FOR 4/4/2017 09:30 AM. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 2/14/17. 2/14/17 ENTERED AND COPIES E-MAILED.(rf, ) (Entered: 02/14/2017)

ORDER THAT THE MOTION TO DISMISS (DOC. NO. 21) IS DENIED WITHOUT PREJUDICE TO THE DEFENDANT RAISING ITS ARGUMENTS IN A MOTION FOR SUMMARY JUDGMENT. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/16/17.2/16/17 ENTERED AND COPIES E-MAILED.(er, ) (Entered: 02/16/2017)

ORDER of USCA THAT ORDER OF DISTRICT COURT ENTERED 8/26/16 BE AND THE SAME IS HEREBY AFFIRMED AND THE MATTER REMANDED FOR FURTHER PROCEEDINGS. COSTS TAXED AGAINST APPELLANT.(rf, ) (Entered: 02/21/2017)