Case: Issa v. School District of Lancaster

5:16-cv-03881 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: July 19, 2016

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On July 19, 2016, limited-English-proficient ("LEP") immigrants who, while aged 17-21, were or could have been in the future denied their right to equal educational opportunities and meaningful public education brought this class-action lawsuit in the Eastern District of Pennsylvania against the School District of Lancaster. The plaintiffs sued under the Equal Education Opportunity Act and Section 601 of Title VI of the Civil Rights Act of 1964, alleging that the defendant has a custom, practic…

On July 19, 2016, limited-English-proficient ("LEP") immigrants who, while aged 17-21, were or could have been in the future denied their right to equal educational opportunities and meaningful public education brought this class-action lawsuit in the Eastern District of Pennsylvania against the School District of Lancaster. The plaintiffs sued under the Equal Education Opportunity Act and Section 601 of Title VI of the Civil Rights Act of 1964, alleging that the defendant has a custom, practice, and policy of refusing to admit older immigrant LEP students into the District's regular high school, McCaskey, which had an International School specially tailored to the academic needs for new students in need of language supports and accommodations.

Specifically, the plaintiffs claimed that the District either refused to admit them altogether, or assigned them to an "alternative" school, Phoenix Academy, a school for underachieving students which runs more like a disciplinary school than a traditional public high school. Moreover, Phoenix Academy lacked adequate and appropriate supports of immigrant LEP students, and was academically inferior by all measures and offers no extracurricular opportunities. Represented by attorneys from Pepper Hamilton LLP, the Education Law Center, and the ACLU of Pennsylvania, the plaintiffs sought declaratory and injunctive relief, including a preliminary injunction, directing the District to admit the plaintiffs and class members to McCaskey and to make available the full range of curricular and extracurricular programs and activities before the 2016 fall semester.

On July 22, 2016, the plaintiffs filed their motion for preliminary injunction, as well as a motion to expedite discovery. A telephone conference was held on July 25, after which the plaintiffs' motion to expedite discovery was granted. On August 9, 2016, the defendant filed a motion to dismiss.

A hearing was held on August 19 and 23 on the plaintiffs' motion for preliminary injunction, before U.S. District Court Judge Edward G. Smith; after the hearing, both parties filed memorandums of findings of fact and conclusions of law. On August 26, 2016, Judge Smith granted the plaintiffs' motion for preliminary injunction in part, requiring the school district to permit the school-age plaintiffs who wish to attend the main high school beginning August 29, 2016, until the resolution of this matter. 2016 WL 4493202; 2016 WL 4493201. The defendant appealed this order on August 30, 2016. On August 26, Judge Smith also referred the case to Magistrate Judge Marilyn Heffley for a settlement conference, which was held on September 27.

On October 11, 2016, Judge Smith denied the plaintiffs' original motion for class certification without prejudice so that the plaintiffs could amend their motion after the completion of class-related discovery. Judge Smith, in an October 14, 2016, order, also denied the plaintiffs' more recent emergency motion for class certification and entry of preliminary injunction to protect similarly situated students without prejudice for refiling after the Third Circuit has concluded its review of defendant's appeal on the matter.

In December 2016, Judges Fisher, Krause, and Malloy of the Third Circuit heard oral arguments on the defendants’ appeal of Judge Smith’s preliminary injunction. The court affirmed Judge Smith’s ruling based on violations of the EEOA, agreeing that the plaintiffs were likely to succeed on the merits of their claims under the EEOA, that irreparable harm to the plaintiffs was likely, that the balance of harms favored the plaintiffs, and that preliminary relief was in the public interest. Regarding the state claims, the court held that the lower court erred in finding that the plaintiffs showed a likelihood of success on the merits, but held that nothing in the preliminary injunction order relied on the plaintiffs proving likely violations of state law. The court remanded the case for further proceedings consistent with its ruling. 847 F.3d 121.

On February 14, 2017, Magistrate Judge Heffley ordered a second settlement conference to be held in early April. Two days later, on February 16, Judge Smith denied the school district’s motion to dismiss without prejudice. The parties held settlement conferences throughout the spring of 2016, and proposed a consent decree at the end of June. On June 29, 2017, Judge Smith signed a consent decree order.

The consent decree provided procedures by which the school district was to enroll immigrant students, including by evaluating their English language proficiency and placing them in appropriate programs. It prohibited the school from denying educational opportunities to students based on age or national origin. It also: committed the school to creating new staff positions and providing translation and interpretation services, created a compensatory education fund for students, and required additional teacher certification. The school district was required to make periodic monitoring reports. Further, the district was required to pay $300,000 for the plaintiffs’ attorneys’ fees and $70,000 for the plaintiffs’ litigation costs.

On July 5, the court issued a stipulation and order that, by consent of the parties, the action was deemed resolved. The consent decree expired on June 30, 2019, and the case is now closed.

Summary Authors

Saeeda Joseph-Charles (12/17/2016)

Alexandra Gilewicz (3/25/2018)

Caitlin Kierum (11/23/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5302695/parties/issa-v-the-school-district-of-lancaster/


Judge(s)

Fisher, D. Michael (Pennsylvania)

Smith, Edward George (Pennsylvania)

Attorneys(s) for Plaintiff

Aryani, Hedya (Pennsylvania)

Cahill, Michelin (Pennsylvania)

Dutton, Alex (Pennsylvania)

Gurney, Kaitlin M. (Pennsylvania)

Kreimer, Seth (Pennsylvania)

McInerney, Maura I. (Pennsylvania)

Moon, Kristina (Pennsylvania)

Morley, Megan (Pennsylvania)

Judge(s)

Fisher, D. Michael (Pennsylvania)

Smith, Edward George (Pennsylvania)

Attorneys(s) for Plaintiff

Aryani, Hedya (Pennsylvania)

Cahill, Michelin (Pennsylvania)

Dutton, Alex (Pennsylvania)

Gurney, Kaitlin M. (Pennsylvania)

Kreimer, Seth (Pennsylvania)

McInerney, Maura I. (Pennsylvania)

Moon, Kristina (Pennsylvania)

Morley, Megan (Pennsylvania)

Mullen, Kathleen A (Pennsylvania)

O'Donnell, Sharon M. (Pennsylvania)

Rothschild, Eric J. (Pennsylvania)

Tack-Hooper, Molly M. (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Documents in the Clearinghouse

Document

5:16-cv-03881

Docket [PACER]

July 5, 2017

July 5, 2017

Docket
32

5:16-cv-03881

Defendant's Proposed Findings of Fact and Conclusions of Law

May 25, 2016

May 25, 2016

Other
2

5:16-cv-03881

Order

July 19, 2016

July 19, 2016

Order/Opinion
1

5:16-cv-03881

Class Action Complaint

July 19, 2016

July 19, 2016

Complaint
7

5:16-cv-03881

Proposed Order

July 22, 2016

July 22, 2016

Order/Opinion
33

5:16-cv-03881

Plaintiff's Post-Hearing Findings of Fact and Conclusions of Law

Aug. 25, 2016

Aug. 25, 2016

Other
35

5:16-cv-03881

Memorandum Opinion [Granting Preliminary Injunction in Part]

2016 WL 4493202

Aug. 26, 2016

Aug. 26, 2016

Order/Opinion

5:16-cv-03881

Opinion of the Court

U. S. Court of Appeals for the Third Circuit

847 F.3d 121

Dec. 5, 2016

Dec. 5, 2016

Order/Opinion
104

5:16-cv-03881

Consent Decree

June 29, 2017

June 29, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5302695/issa-v-the-school-district-of-lancaster/

Last updated Aug. 6, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

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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July 19, 2016

July 19, 2016

PACER

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

July 19, 2016

July 19, 2016

PACER
2

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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July 19, 2016

July 19, 2016

PACER
3

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)

July 20, 2016

July 20, 2016

PACER
4

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)

July 21, 2016

July 21, 2016

PACER
5

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)

July 22, 2016

July 22, 2016

PACER
6

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)

July 22, 2016

July 22, 2016

PACER
7

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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July 22, 2016

July 22, 2016

PACER
8

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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July 22, 2016

July 22, 2016

PACER
9

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)

July 22, 2016

July 22, 2016

PACER
10

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)

July 22, 2016

July 22, 2016

PACER
11

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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July 22, 2016

July 22, 2016

PACER
12

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)

July 25, 2016

July 25, 2016

PACER
13

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)

July 25, 2016

July 25, 2016

PACER
14

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)

July 25, 2016

July 25, 2016

PACER
15

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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Aug. 1, 2016

Aug. 1, 2016

PACER
16

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

Aug. 1, 2016

Aug. 1, 2016

PACER
17

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)

Aug. 2, 2016

Aug. 2, 2016

PACER
18

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)

Aug. 4, 2016

Aug. 4, 2016

PACER
19

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)

Aug. 4, 2016

Aug. 4, 2016

PACER
20

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)

Aug. 8, 2016

Aug. 8, 2016

PACER
21

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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Aug. 9, 2016

Aug. 9, 2016

PACER
22

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)

Aug. 11, 2016

Aug. 11, 2016

PACER
23

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

Aug. 15, 2016

Aug. 15, 2016

PACER
24

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)

Aug. 15, 2016

Aug. 15, 2016

PACER
25

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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Aug. 15, 2016

Aug. 15, 2016

PACER
26

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)

Aug. 17, 2016

Aug. 17, 2016

PACER
27

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)

Aug. 17, 2016

Aug. 17, 2016

PACER
28

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)

Aug. 19, 2016

Aug. 19, 2016

PACER
29

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)

Aug. 19, 2016

Aug. 19, 2016

PACER
30

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)

Aug. 23, 2016

Aug. 23, 2016

PACER
31

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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Aug. 24, 2016

Aug. 24, 2016

PACER
32

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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Aug. 25, 2016

Aug. 25, 2016

PACER
33

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)

Aug. 25, 2016

Aug. 25, 2016

PACER
34

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)

Aug. 25, 2016

Aug. 25, 2016

PACER
35

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)

Aug. 26, 2016

Aug. 26, 2016

RECAP
36

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)

Aug. 26, 2016

Aug. 26, 2016

RECAP
37

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)

Aug. 26, 2016

Aug. 26, 2016

PACER

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

Aug. 26, 2016

Aug. 26, 2016

PACER
38

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)

Aug. 30, 2016

Aug. 30, 2016

PACER
39

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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Aug. 30, 2016

Aug. 30, 2016

PACER

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

Aug. 30, 2016

Aug. 30, 2016

PACER

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, )

Sept. 2, 2016

Sept. 2, 2016

PACER
40

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)

Sept. 6, 2016

Sept. 6, 2016

PACER
41

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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Sept. 9, 2016

Sept. 9, 2016

PACER
42

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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Sept. 16, 2016

Sept. 16, 2016

PACER
43

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)

Sept. 16, 2016

Sept. 16, 2016

PACER
44

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)

Sept. 16, 2016

Sept. 16, 2016

PACER
45

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)

Sept. 19, 2016

Sept. 19, 2016

PACER
46

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)

Sept. 19, 2016

Sept. 19, 2016

PACER
47

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)

Sept. 20, 2016

Sept. 20, 2016

PACER
48

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)

Sept. 20, 2016

Sept. 20, 2016

PACER

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, )

Sept. 20, 2016

Sept. 20, 2016

PACER
49

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

Sept. 22, 2016

Sept. 22, 2016

PACER
50

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

Sept. 22, 2016

Sept. 22, 2016

PACER
51

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

View on PACER

Sept. 26, 2016

Sept. 26, 2016

PACER
52

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

Sept. 28, 2016

Sept. 28, 2016

PACER
53

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)

Sept. 28, 2016

Sept. 28, 2016

PACER
54

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)

Sept. 28, 2016

Sept. 28, 2016

PACER
55

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

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Oct. 4, 2016

Oct. 4, 2016

PACER
56

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)

Oct. 5, 2016

Oct. 5, 2016

PACER
57

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)

Oct. 6, 2016

Oct. 6, 2016

PACER
58

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)

Oct. 11, 2016

Oct. 11, 2016

PACER
59

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
60

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
61

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
62

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
63

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
64

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
65

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
66

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
67

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
68

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
69

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
70

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
71

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
72

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)

Oct. 12, 2016

Oct. 12, 2016

PACER
73

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)

Oct. 14, 2016

Oct. 14, 2016

PACER
74

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

Nov. 14, 2016

Nov. 14, 2016

PACER
75

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)

Nov. 21, 2016

Nov. 21, 2016

PACER
76

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)

Nov. 21, 2016

Nov. 21, 2016

PACER
77

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)

Nov. 23, 2016

Nov. 23, 2016

PACER
78

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)

Nov. 28, 2016

Nov. 28, 2016

PACER
79

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)

Nov. 29, 2016

Nov. 29, 2016

PACER
80

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)

Nov. 29, 2016

Nov. 29, 2016

PACER
81

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)

Dec. 2, 2016

Dec. 2, 2016

PACER
82

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

View on PACER

Dec. 5, 2016

Dec. 5, 2016

PACER
83

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)

Dec. 6, 2016

Dec. 6, 2016

PACER
84

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)

Dec. 6, 2016

Dec. 6, 2016

PACER

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

Dec. 6, 2016

Dec. 6, 2016

PACER

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, )

Dec. 6, 2016

Dec. 6, 2016

PACER
85

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)

Dec. 20, 2016

Dec. 20, 2016

PACER
86

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)

Dec. 21, 2016

Dec. 21, 2016

PACER
87

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)

Jan. 19, 2017

Jan. 19, 2017

PACER
88

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)

Jan. 20, 2017

Jan. 20, 2017

PACER
89

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

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Feb. 8, 2017

Feb. 8, 2017

PACER
90

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)

Feb. 14, 2017

Feb. 14, 2017

PACER
91

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)

Feb. 14, 2017

Feb. 14, 2017

PACER
92

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)

Feb. 16, 2017

Feb. 16, 2017

RECAP
93

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)

Feb. 21, 2017

Feb. 21, 2017

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 19, 2016

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Limited-English-proficient ("LEP") immigrants who, while aged 17-21, were, are, or may be in the future denied their right to equal educational opportunities and meaningful public education.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

School District of Lancaster (Lancaster), County

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 370,000

Order Duration: 2017 - 2019

Content of Injunction:

Discrimination Prohibition

Hire

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Reporting

Training

Issues

General:

Classification / placement

Education

Language access/needs

Pattern or Practice

School/University Facilities

School/University policies

Staff (number, training, qualifications, wages)

Discrimination-basis:

Age discrimination

Language discrimination

National origin discrimination

Language:

Other

Type of Facility:

Government-run

National Origin/Ethnicity:

Other