Case: D.R. ex rel. Richardson v. Michigan Department of Education

2:16-cv-13694 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 18, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 18, 2016, families in Flint, Michigan filed this putative class-action lawsuit in the U.S. District Court for the Eastern District of Michigan. The case was assigned to Judge Arthur J. Tarnow. The plaintiffs sued the Michigan Department of Education (MDE), Flint Community Schools (FCS), and the Genesee Intermediate School District (GISD) under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, § 504 of the Rehabilitation Act of 1973, and Title II of the Americans with…

On October 18, 2016, families in Flint, Michigan filed this putative class-action lawsuit in the U.S. District Court for the Eastern District of Michigan. The case was assigned to Judge Arthur J. Tarnow. The plaintiffs sued the Michigan Department of Education (MDE), Flint Community Schools (FCS), and the Genesee Intermediate School District (GISD) under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, § 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. They alleged that the state of Michigan and local educators violated federal law by not screening to identify students who needed special education services. They further argued that the defendants had violated the rights of students with disabilities in the imposition of school discipline, including illegal suspensions and expulsions. The Flint parents and children were represented by the ACLU of Michigan and private counsel.

Specifically, the plaintiffs alleged that children attending these schools were at risk of developing a disability due to their prolonged exposure to lead. Despite that risk, the schools had a pattern and practice of systematically failing to provide ongoing screening and timely referrals for evaluations to identify qualifying disabilities. Also, the schools systematically failed to provide students with disabilities with safeguards and had a pattern of using unduly harsh disciplinary measures with students with disabilities, including physical restraints and seclusion techniques. (For more information on the Flint water crisis, which involved claims of widespread lead exposure from the City's drinking water, see Waid v. Snyder.)

On December 8, 2016, FCS and MDE each filed a motion to dismiss, alleging that the plaintiffs had failed to exhaust their administrative remedies and that the complaint failed to state a claim upon which relief could be granted. On December 15, GISD moved for judgment on the pleadings, using the same reasoning. On July 7, 2017, the defendants moved to stay discovery pending these motions, and the court granted this request on August 24, 2017. 2017 WL 3642131. On September 29, 2017, the court denied GISD and MDE’s motions to dismiss, in their entirety. The court granted FCS's motion in part and denied it in part, granting dismissal of the plaintiffs' claim regarding universal preschool but denying the rest of the motion.

On October 16, 2017, the plaintiffs moved for a preliminary injunction requiring the defendants to comply with their child-find obligations (their obligations to identify and evaluate children with disabilities) under state and federal law.

That same day, the defendants appealed the denial of the motion to dismiss to the Sixth Circuit. (Docket Number: 17-2255). On October 24, the defendants moved to stay District Court proceedings, arguing that the District Court now lacked jurisdiction because the defendants had filed an appeal. The court denied this request on November 2, 2017, because denials of motions to dismiss are generally not appealable, so the defendants’ appeal would likely be dismissed. 2017 WL 5010773.

On November 28, 2017, as predicted by the district court, the Sixth Circuit dismissed the appeal. 2017 WL 6947900. The panel of judges was made up of Judge Richard Suhrheinrich, Judge Raymond Kethledge, and Judge Denise Hood. In district court, the parties moved forward with discovery and settlement discussions.

On April 9, 2018, the parties reached a partial settlement agreement as to the plaintiffs’ child-find claims. This mooted out the plaintiffs’ October 2017 motion for a preliminary injunction. This settlement required the defendants to implement a screening and assessment program for the next five years and report its progress back to the plaintiffs every six months for at least the next two years. On April 12, 2017, at the request of the parties, the court incorporated this settlement agreement into a court order and dismissed the plaintiffs’ child-find claims with prejudice.

As of February 7, 2020, the case is ongoing. The partial settlement only resolved the child-find issues; all of the plaintiffs’ other claims are still in dispute. The final pretrial conference is set for March 16, 2020, and the court retains jurisdiction to enforce the partial settlement agreement until April 2023.

 

Summary Authors

Ginny Lee (2/2/2017)

Rebecca Strauss (6/6/2018)

Alec Richards (2/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4513736/parties/dr-v-michigan-department-of-education/


Judge(s)

Patti, Anthony P. (Michigan)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Ciacci, Walter A. (New York)

Heck, Lindsay M. (New York)

Korobkin, Daniel S. (Michigan)

Levin, Jessica Alexandra (New Jersey)

Little, Gregory (New York)

Moss, Kary L. (Michigan)

Sciarra, David G. (New Jersey)

Starner, Gregory M. (New York)

Judge(s)

Patti, Anthony P. (Michigan)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Ciacci, Walter A. (New York)

Heck, Lindsay M. (New York)

Korobkin, Daniel S. (Michigan)

Levin, Jessica Alexandra (New Jersey)

Little, Gregory (New York)

Moss, Kary L. (Michigan)

Sciarra, David G. (New Jersey)

Starner, Gregory M. (New York)

Steinberg, Michael J. (Michigan)

Totten, Kristin (Michigan)

Attorneys(s) for Defendant

Bennett, Katherine J. (Michigan)

Berg, Frederick A. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Briggs, Elizabeth R. Husa (Michigan)

Comstock, Travis M. (Michigan)

Gambill, Nathan A. (Michigan)

Haynes, Timothy J. (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

Miller, John L. (Michigan)

Mullins, Timothy J. (Michigan)

Richotte, Joseph E. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

DR v. Michigan Department of Education

March 4, 2020 Docket
1

Class Action Complaint

DR v. Michigan Department of Education

Oct. 18, 2016 Complaint
46

Opinion and Order Granting Genesee and MDOE's Motions (DE 35 and 37) and Granting in Part and Denying in Part Flint's Motion to Stay Discovery (DE 36)

DR v. Michigan Department of Education

2017 WL 3642131

Aug. 24, 2017 Order/Opinion
48

Order Denying Defendant MDE's Motion to Dismiss [23]; Denying Defendant GISD's Motion for Judgment [25]; Granting in Part and Denying in Part Defendant FCS's Motion to Dismiss

DR v. Michigan Department of Education

2017 WL 4348818

Sept. 29, 2017 Order/Opinion
75

Order Denying Defendants' Motions for Stay of Proceedings [64,65,68]; Denying Defendants' Motion to Adjourn

DR v. Michigan Department of Education

2017 WL 5010773

Nov. 2, 2017 Order/Opinion
94

Order

DR v. Michigan Department of Education

2017 WL 6947900

Nov. 28, 2017 Order/Opinion
115-1

Settlement Agreement

D.R. v. Michigan Department of Education

April 9, 2018 Settlement Agreement

Resources

Title Description External URL

Flint Water Crisis: Settlement to Launch Groundbreaking Program to Assess Impacts on Flint Children

ACLU of Michigan

Attorneys for Flint schoolchildren have reached a historic agreement with the Michigan Department of Education (MDE), Genesee Intermediate School District (GISD) and Flint Community Schools (FCS) to … April 9, 2018 http://www.aclumich.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4513736/dr-v-michigan-department-of-education/

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

ECF Number Description Date Link
1

COMPLAINT / Class Action Complaint filed by JW, DD, Crystal McCadden, Jeree Brown, Dawn Richardson, Rachel Kirksey, Willie Daniels, DR, ON, MK, CD, CW, CM, JB, AK, NS, Kathy Wright, DK, Manita Davis, Twanda Davis, JT, Angy Keelin, Chandrika Walker, Nakiya Wakes, DT, CDM against Flint Community Schools, Genesee Intermediate School District, Michigan Department of Education. Plaintiff requests summons issued. Receipt No: 0645-5919183 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Little, Gregory) (Entered: 10/18/2016)

Oct. 18, 2016 RECAP
2

SUMMONS Issued for *Flint Community Schools* (DTyl) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
3

SUMMONS Issued for *Genesee Intermediate School District* (DTyl) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
4

SUMMONS Issued for *Michigan Department of Education* (DTyl) (Entered: 10/18/2016)

Oct. 18, 2016 PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DTyl)

Oct. 18, 2016 PACER
5

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
6

NOTICE of Appearance by Kary L. Moss on behalf of All Plaintiffs. (Moss, Kary) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
7

NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
8

CERTIFICATE of Service/Summons Returned Executed. Flint Community Schools served on 10/20/2016, answer due 11/10/2016. (Little, Gregory) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
9

CERTIFICATE of Service/Summons Returned Executed. Genesee Intermediate School District served on 10/20/2016, answer due 11/10/2016. (Little, Gregory) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
10

CERTIFICATE of Service/Summons Returned Executed. Michigan Department of Education served on 10/20/2016, answer due 11/10/2016. (Little, Gregory) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
11

NOTICE of Appearance by Kristin Totten on behalf of All Plaintiffs. (Totten, Kristin) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
12

NOTICE of Appearance by Katherine J. Bennett on behalf of Michigan Department of Education. (Bennett, Katherine) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
13

NOTICE of Appearance by Timothy J. Haynes on behalf of Michigan Department of Education. (Haynes, Timothy) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
14

NOTICE of Appearance by Travis M. Comstock on behalf of Michigan Department of Education. (Comstock, Travis) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
15

MOTION for Extension of Time to File Answer And Extension of Page Limit for Responsive Pleading by Michigan Department of Education. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (Haynes, Timothy) (Entered: 11/02/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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Nov. 2, 2016 PACER
16

STIPULATED ORDER Extending Time for Response by All Defendants to 1 Complaint and Extending Page Limitations. Response due by 12/8/2016. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/09/2016)

Nov. 9, 2016 PACER
17

NOTICE of Appearance by Frederick A. Berg on behalf of Flint Community Schools. (Berg, Frederick) (Entered: 11/22/2016)

Nov. 22, 2016 PACER
18

NOTICE of Appearance by Brett J. Miller on behalf of Flint Community Schools. (Miller, Brett) (Entered: 11/22/2016)

Nov. 22, 2016 PACER
19

NOTICE of Appearance by Donald B. Miller on behalf of Flint Community Schools. (Miller, Donald) (Entered: 11/22/2016)

Nov. 22, 2016 PACER
20

NOTICE of Appearance by Timothy J. Mullins on behalf of Genesee Intermediate School District. (Mullins, Timothy) (Entered: 11/30/2016)

Nov. 30, 2016 PACER
21

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Genesee Intermediate School District. (Mullins, Timothy) (Entered: 12/08/2016)

Dec. 8, 2016 PACER
22

MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(1) and (6) by Flint Community Schools. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - FCS Parent Handbook, # 3 Exhibit B - FCS Procedural Safeguards Notice, # 4 Exhibit C - GCHD Lead Testing Information, # 5 Exhibit D - GCHD Hearing and Vision Screening Information, # 6 Exhibit E - FCS Child Find Procedures, # 7 Exhibit F - B.H. v. Portage Pub. Sch. Bd. of Educ.) (Miller, Donald) (Entered: 12/08/2016)

1 Index of Exhibits

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2 Exhibit A - FCS Parent Handbook

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3 Exhibit B - FCS Procedural Safeguards Notice

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4 Exhibit C - GCHD Lead Testing Information

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5 Exhibit D - GCHD Hearing and Vision Screening Information

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6 Exhibit E - FCS Child Find Procedures

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7 Exhibit F - B.H. v. Portage Pub. Sch. Bd. of Educ.

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Dec. 8, 2016 PACER
23

MOTION to Dismiss and Brief in Support by Michigan Department of Education. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11) (Haynes, Timothy) (Entered: 12/08/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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Dec. 8, 2016 PACER
24

NOTICE of Appearance by John L. Miller on behalf of Genesee Intermediate School District. (Miller, John) (Entered: 12/09/2016)

Dec. 9, 2016 PACER
25

MOTION for Judgment by Genesee Intermediate School District. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Special Education Mandatory Plan, # 3 Exhibit B Department of Educations Procedural Safeguards Notice, # 4 Exhibit C GISD door hanger, # 5 Exhibit D Early-On program, # 6 Exhibit E GISD training presentations, # 7 Exhibit F GISD 1/28/16 letter to Parent/Caregiver, # 8 Exhibit G Efforts undertaken by GISD in response to the Flint water situation) (Mullins, Timothy) (Entered: 12/15/2016)

1 Index of Exhibits

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2 Exhibit A Special Education Mandatory Plan

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3 Exhibit B Department of Educations Procedural Safeguards Notice

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4 Exhibit C GISD door hanger

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5 Exhibit D Early-On program

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6 Exhibit E GISD training presentations

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7 Exhibit F GISD 1/28/16 letter to Parent/Caregiver

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8 Exhibit G Efforts undertaken by GISD in response to the Flint water situation

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Dec. 15, 2016 PACER
26

STIPULATED ORDER to Extend Time for Responsive Pleadings as to 22 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(1) and (6), 23 MOTION to Dismiss, 25 MOTION for Judgment: Responses due by 1/13/2017, Replies due by 2/3/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/28/2016)

Dec. 28, 2016 PACER
27

NOTICE of Appearance by David G. Sciarra on behalf of All Plaintiffs. (Sciarra, David) (Entered: 01/11/2017)

Jan. 11, 2017 PACER
28

NOTICE of Appearance by Jessica Alexandra Levin on behalf of All Plaintiffs. (Levin, Jessica) (Entered: 01/11/2017)

Jan. 11, 2017 PACER
29

RESPONSE to 22 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(1) and (6), 23 MOTION to Dismiss and Brief in Support, 25 MOTION for Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits (Unpublished Decisions), # 2 Exhibit 1 - W.H. v. Tenn. Dep't of Educ., # 3 Exhibit 2 - N.S. v. Tenn. Dep't of Educ., # 4 Exhibit 3 - Dixon v. Hamilton City Sch., # 5 Exhibit 4 - T.H. v. Cincinnati Pub. Sch. Dist. Bd. of Educ., # 6 Exhibit 5 - B.C. v. Mt. Vernon Sch. Dist., # 7 Exhibit 6 - Modd v. Cnty. of Ottawa, # 8 Exhibit 7 - Campbell v. Bd. of Educ. of the Centerline Sch. Dist.) (Korobkin, Daniel) (Entered: 01/13/2017)

1 Index of Exhibits Index of Exhibits (Unpublished Decisions)

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2 Exhibit 1 - W.H. v. Tenn. Dep't of Educ.

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3 Exhibit 2 - N.S. v. Tenn. Dep't of Educ.

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4 Exhibit 3 - Dixon v. Hamilton City Sch.

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5 Exhibit 4 - T.H. v. Cincinnati Pub. Sch. Dist. Bd. of Educ.

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6 Exhibit 5 - B.C. v. Mt. Vernon Sch. Dist.

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7 Exhibit 6 - Modd v. Cnty. of Ottawa

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8 Exhibit 7 - Campbell v. Bd. of Educ. of the Centerline Sch. Dist.

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Jan. 13, 2017 RECAP
30

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Korobkin, Daniel) (Entered: 01/13/2017)

Jan. 13, 2017 PACER

TEXT-ONLY ORDER granting 30 Ex Parte MOTION for Leave to File Excess Pages filed by Plaintiffs. Signed by District Judge Arthur J. Tarnow. (MLan)

Jan. 17, 2017 PACER
31

REPLY to Response re 25 MOTION for Judgment filed by Genesee Intermediate School District. (Miller, John) (Entered: 01/27/2017)

Jan. 27, 2017 PACER
32

REPLY to Response re 22 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(1) and (6) filed by Flint Community Schools. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Miller, Donald) (Entered: 02/03/2017)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Feb. 3, 2017 PACER
33

REPLY to Response re 23 MOTION to Dismiss and Brief in Support filed by Michigan Department of Education. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Exhibit 1) (Haynes, Timothy) (Entered: 02/03/2017)

1 Index of Exhibits Index

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2 Exhibit Exhibit 1

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Feb. 3, 2017 PACER
34

NOTICE TO APPEAR: Status Conference set for 2/28/2017 02:00 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 02/10/2017)

Feb. 10, 2017 PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Status Conference held on 2/28/2017. Counsel are to discuss preliminary discovery and the possibility of settling some of the claims and report by email to mike_lang@mied.uscourts.gov by March 14, 2017 confirming the date that they will meet and the agenda of the meeting. Following the meeting, counsel are to notify the court of the status from the meeting and to schedule further proceedings. (MLan)

Feb. 28, 2017 PACER
35

MOTION for Protective Order by Genesee Intermediate School District. (Attachments: # 1 Exhibit DIscovery to defendants) (Mullins, Timothy) Modified on 7/7/2017 (DWor). [DOCUMENET ENTITLED "MOTION TO STAY DISCOVERY"] (Entered: 07/07/2017)

1 Exhibit DIscovery to defendants

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July 7, 2017 PACER
36

MOTION to Stay Discovery, or, in the Alternative, MOTION for Protective Order by Flint Community Schools. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A-Plaintiffs' First Interrogatories to Defendant FCS, # 3 Exhibit B-Plaintiffs' First Request for Production of Documents to Defendant FCS, # 4 Exhibit C-Hoosier v. Liu) (Miller, Brett) (Entered: 07/07/2017)

1 Index of Exhibits Index of Exhibits

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2 Exhibit A-Plaintiffs' First Interrogatories to Defendant FCS

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3 Exhibit B-Plaintiffs' First Request for Production of Documents to Defendan

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4 Exhibit C-Hoosier v. Liu

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July 7, 2017 PACER
37

MOTION for Protective Order by Michigan Department of Education. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Haynes, Timothy) (Entered: 07/07/2017)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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July 7, 2017 PACER
38

NOTICE OF HEARING on 22 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(1) and (6), 23 MOTION to Dismiss and Brief in Support, 25 MOTION for Judgment . Motion Hearing set for 8/23/2017 03:30 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 07/11/2017)

July 11, 2017 PACER
39

ORDER REFERRING MOTIONS to Magistrate Judge Anthony P. Patti: 36 MOTION to Stay Discovery, or, in the Alternative MOTION for Protective Order filed by Flint Community Schools, 37 MOTION for Protective Order filed by Michigan Department of Education, 35 MOTION for Protective Order filed by Genesee Intermediate School District. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 07/11/2017)

July 11, 2017 PACER
40

NOTICE OF HEARING on 36 MOTION to Stay Discovery, or, in the Alternative MOTION for Protective Order, 35 MOTION for Protective Order, 37 MOTION for Protective Order . Motion Hearing set for 8/17/2017 02:00 PM before Magistrate Judge Anthony P. Patti (MWil) (Entered: 07/17/2017)

July 17, 2017 PACER
41

RESPONSE to 36 MOTION to Stay Discovery, or, in the Alternative MOTION for Protective Order /Plaintiffs' Response in Opposition to Defendants' Motions to Stay Discovery, or alternatively, for a Protective Order filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Korobkin, Daniel) (Entered: 07/21/2017)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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July 21, 2017 PACER
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RE-NOTICE OF HEARING on 36 MOTION to Stay Discovery, or, in the Alternative MOTION for Protective Order, 35 MOTION for Protective Order, 37 MOTION for Protective Order . Motion Hearing set for 8/17/2017 03:00 PM before Magistrate Judge Anthony P. Patti**TIME CHANGE ONLY** (MWil) (Entered: 07/28/2017)

July 28, 2017 PACER
43

REPLY to Response re 36 MOTION to Stay Discovery, or, in the Alternative MOTION for Protective Order filed by Flint Community Schools. (Miller, Donald) (Entered: 07/28/2017)

July 28, 2017 PACER
44

NOTICE of Appearance by Lindsay M. Heck on behalf of AK, Jeree Brown, CD, CDM, CM, CW, DD, DK, DR, DT, Willie Daniels, Manita Davis, Twanda Davis, JB, JT, JW, Angy Keelin, Rachel Kirksey, MK, Crystal McCadden, NS, ON, Dawn Richardson, Nakiya Wakes, Chandrika Walker, Kathy Wright. (Heck, Lindsay) (Entered: 08/14/2017)

Aug. 14, 2017 PACER
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STATEMENT of Resolved and Unresolved Issues, Joint List re: Docket Entries 35, 36, 37, 41 and 43 by Flint Community Schools (Miller, Brett) (Entered: 08/15/2017)

Aug. 15, 2017 PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Motion Hearing held on 8/17/2017 re: 36 MOTION to Stay Discovery, or, in the Alternative MOTION for Protective Order filed by Flint Community Schools, 37 MOTION for Protective Order filed by Michigan Department of Education, 35 MOTION for Protective Order filed by Genesee Intermediate School District Disposition: Motions taken under advisement. (Court Reporter: Digitally Recorded) (MWil)

Aug. 17, 2017 PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Motion Hearing held on 8/23/2017 re 25 MOTION for Judgment filed by Genesee Intermediate School District, 22 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(1) and (6) filed by Flint Community Schools, 23 MOTION to Dismiss filed by Michigan Department of Education. Disposition: Motions taken under advisement. (Court Reporter: Lawrence Przybysz) (MLan)

Aug. 23, 2017 PACER
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ORDER granting 35 and 37 Motions for Protective Order; and granting in part and denying in part 36 Motion to Stay and for Protective Order - Signed by Magistrate Judge Anthony P. Patti. (LBar) (Entered: 08/24/2017)

Aug. 24, 2017 RECAP
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NOTICE TO APPEAR: Status Conference set for 10/2/2017 01:30 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 09/12/2017)

Sept. 12, 2017 PACER
48

ORDER granting in part and denying in part 22 Motion to Dismiss; denying 23 Motion to Dismiss; denying 25 Motion for Judgment. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 09/29/2017)

Sept. 29, 2017 RECAP

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Status Conference held on 10/2/2017: Plaintiffs to file Motion by 10/15/2017, Discovery Motions to be filed 11/8/2017, Discovery Cut-off: 11/22/2017, Final Pre-Hearing Conference set for 11/21/2017 11:00 AM before District Judge Arthur J. Tarnow, Motion Hearing set for 12/4/2017 at 9:00 a.m. before District Judge Arthur J. Tarnow . (Court Reporter: Darlene May) (MLan)

Oct. 2, 2017 PACER
49

ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of Michigan Department of Education (Bettenhausen, Margaret) (Entered: 10/10/2017)

Oct. 10, 2017 PACER
50

ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Michigan Department of Education (Gambill, Nathan) (Entered: 10/10/2017)

Oct. 10, 2017 PACER
51

ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of Michigan Department of Education (Kuhl, Richard) (Entered: 10/10/2017)

Oct. 10, 2017 PACER
52

ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Michigan Department of Education (Larsen, Zachary) (Entered: 10/10/2017)

Oct. 10, 2017 PACER
53

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Michigan Department of Education. (Comstock, Travis) (Entered: 10/13/2017)

Oct. 13, 2017 PACER
54

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Flint Community Schools. (Miller, Brett) (Entered: 10/13/2017)

Oct. 13, 2017 PACER
55

NOTICE OF APPEAL by Genesee Intermediate School District re 48 Order on Motion to Dismiss,, Order on Motion for Judgment. Receipt No: 0645-6438934 - Fee: $ 505 - Fee Status: Fee Paid. (Attachments: # 1 Exhibit OPINION) (Mullins, Timothy) (Entered: 10/16/2017)

1 Exhibit OPINION

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Oct. 16, 2017 PACER
56

Certificate of Service re 55 Notice of Appeal,. (Ahmed, N) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
57

NOTICE OF APPEAL by Michigan Department of Education re 48 Order on Motion to Dismiss,, Order on Motion for Judgment. Receipt No: 0645-6439012 - Fee: $ 505 - Fee Status: Fee Paid. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1) (Haynes, Timothy) (Entered: 10/16/2017)

1 Index of Exhibits

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2 Exhibit 1

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Oct. 16, 2017 PACER
58

Certificate of Service re 57 Notice of Appeal,. (Ahmed, N) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
59

NOTICE OF APPEAL by Flint Community Schools re 48 Order on Motion to Dismiss,, Order on Motion for Judgment. Receipt No: 0645-6439144 - Fee: $ 505 - Fee Status: Fee Paid. (Richotte, Joseph) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
60

Certificate of Service re 59 Notice of Appeal. (Ahmed, N) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
61

Ex Parte MOTION for Leave to File Excess Pages /Plaintiffs' Ex Parte Motion for Extension of Page Limitation by All Plaintiffs. (Heck, Lindsay) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
62

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Plaintiffs' Appendix of Unpublished Cases) (Heck, Lindsay) (Entered: 10/16/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Plaintiffs' Appendix of Unpublished Cases

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Oct. 16, 2017 RECAP

TEXT-ONLY ORDER granting 61 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge Arthur J. Tarnow. (MLan)

Oct. 19, 2017 PACER
63

TRANSCRIPT of Status Conference held on October 2, 2017. (Court Reporter: Darlene K. May) (Number of Pages: 47) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. 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, the transcript is publicly available. (May, D) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
64

MOTION for Stay of Proceedings by Michigan Department of Education. (Attachments: # 1 Exhibit Exhibit A- Minute Entry) (Larsen, Zachary) (Entered: 10/23/2017)

1 Exhibit Exhibit A- Minute Entry

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Oct. 23, 2017 PACER
65

MOTION for Stay of Proceedings (Corrected) by Michigan Department of Education. (Attachments: # 1 Exhibit Exhibit A - Minute Entry) (Larsen, Zachary) (Entered: 10/23/2017)

1 Exhibit Exhibit A - Minute Entry

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Oct. 23, 2017 PACER
66

RESPONSE to 65 MOTION for Stay of Proceedings (Corrected) concurrence filed by Genesee Intermediate School District. (Mullins, Timothy) (Entered: 10/24/2017)

Oct. 24, 2017 PACER
67

NOTICE TO APPEAR: Status Conference set for 10/26/2017 02:00 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 10/24/2017)

Oct. 24, 2017 PACER
68

MOTION TO SUSPEND PRETRIAL PROCEEDINGS, STAY PROCEEDINGS, OR ADJOURN HEARING ON MOTION FOR PRELIMINARY INJUNCTION by Flint Community Schools. (Richotte, Joseph) (Entered: 10/24/2017)

Oct. 24, 2017 PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Status Conference held on 10/26/2017. (Court Reporter: Lawrence Przybysz) (MLan)

Oct. 26, 2017 PACER

TEXT-ONLY NOTICE as to 68 MOTION TO SUSPEND PRETRIAL PROCEEDINGS, STAY PROCEEDINGS, OR ADJOURN HEARING ON MOTION FOR PRELIMINARY INJUNCTION, 64 MOTION for Stay of Proceedings, 65 MOTION for Stay of Proceedings (Corrected). Responses due by 10/30/2017. (MLan)

Oct. 26, 2017 PACER

TEXT-ONLY NOTICE as to 62 MOTION for Preliminary Injunction. Response due by 11/10/2017. (MLan)

Oct. 26, 2017 PACER
69

TRANSCRIPT of Motion Hearing held on October 26, 2017. (Court Reporter/Transcriber: Lawrence Przybysz) (Number of Pages: 45) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. 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, the transcript is publicly available. (Przybysz, L) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
70

MOTION to Adjourn Dates (Action Requested by November 3, 2017) by Michigan Department of Education. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Minute Entry, # 3 Exhibit B- Hearing Transcript) (Larsen, Zachary) (Entered: 10/27/2017)

1 Index of Exhibits

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2 Exhibit A- Minute Entry

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3 Exhibit B- Hearing Transcript

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Oct. 27, 2017 PACER
71

NOTICE of Joinder/Concurrence in 70 MOTION to Adjourn Dates (Action Requested by November 3, 2017) filed by Michigan Department of Education by Flint Community Schools (Miller, Brett) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
72

RESPONSE to 68 MOTION TO SUSPEND PRETRIAL PROCEEDINGS, STAY PROCEEDINGS, OR ADJOURN HEARING ON MOTION FOR PRELIMINARY INJUNCTION, 70 MOTION to Adjourn Dates (Action Requested by November 3, 2017), 64 MOTION for Stay of Proceedings, 65 MOTION for Stay of Proceedings (Corrected) filed by All Plaintiffs. (Attachments: # 1 Exhibit Motion to Dismiss for Lack of Jurisdiction, # 2 Exhibit Appendix of Unpublished Cases) (Korobkin, Daniel) (Entered: 10/30/2017)

1 Exhibit Motion to Dismiss for Lack of Jurisdiction

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2 Exhibit Appendix of Unpublished Cases

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Oct. 30, 2017 PACER
73

NOTICE of Joinder/Concurrence in 70 MOTION to Adjourn Dates (Action Requested by November 3, 2017) filed by Michigan Department of Education, 66 Response to Motion filed by Genesee Intermediate School District by Genesee Intermediate School District (Mullins, Timothy) (Entered: 10/31/2017)

Oct. 31, 2017 PACER
74

REPLY to Response re 65 MOTION for Stay of Proceedings (Corrected) filed by Michigan Department of Education. (Attachments: # 1 Exhibit A- Motion Transcript 10-26-2017) (Larsen, Zachary) (Entered: 11/01/2017)

1 Exhibit A- Motion Transcript 10-26-2017

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Nov. 1, 2017 PACER
75

ORDER denying 64 Motion for Stay; denying 65 Motion for Stay; denying 68 Motion for Stay; denying 70 Motion to Adjourn. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/02/2017)

Nov. 2, 2017 RECAP
76

TRANSCRIPT of Motion For Protective Order/Motion to Stay held on 08/17/2017. (Court Reporter/Transcriber: Linda M. Cavanagh) (Number of Pages: 56) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/27/2017. Redacted Transcript Deadline set for 12/7/2017. Release of Transcript Restriction set for 2/5/2018. 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, the transcript is publicly available. (Cavanagh, Linda) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
77

Redacted Version of 76 TRANSCRIPT of Motion For Protective Order/Motion to Stay held on 08/17/2017. Release of Transcript Restriction set for 2/5/2018. (Cavanagh, Linda) (Entered: 11/06/2017)

Nov. 6, 2017 PACER

TEXT-ONLY NOTICE of TIME and DATE CHANGE: Final Pre-Hearing Conference set for 11/20/2017 03:30 PM before District Judge Arthur J. Tarnow. (MLan)

Nov. 9, 2017 PACER
78

MOTION for Leave to File Excess Pages by Genesee Intermediate School District. (Mullins, Timothy) (Entered: 11/10/2017)

Nov. 10, 2017 PACER
79

RESPONSE to 62 MOTION for Preliminary Injunction filed by Genesee Intermediate School District. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Special Education Mandatory Plan, # 3 Exhibit B. GUD Marketing Material, # 4 Exhibit C. Sample advertising material, # 5 Exhibit D. 10 steps to help protect your family, # 6 Exhibit E. Pediatric Lead Exposure Flint Water Results, # 7 Exhibit F. Information re students eligible for special education services, # 8 Exhibit G. Agreement and Program Plan, # 9 Exhibit H. Summaries of GISD response to water situation, # 10 Exhibit I. Agreement and Program Plan, # 11 Exhibit J. National Marketing Awards, # 12 Exhibit K. 10/2/17 status conference) (Mullins, Timothy) (Entered: 11/10/2017)

1 Index of Exhibits

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2 Exhibit A. Special Education Mandatory Plan

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3 Exhibit B. GUD Marketing Material

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4 Exhibit C. Sample advertising material

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5 Exhibit D. 10 steps to help protect your family

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6 Exhibit E. Pediatric Lead Exposure Flint Water Results

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7 Exhibit F. Information re students eligible for special education services

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8 Exhibit G. Agreement and Program Plan

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9 Exhibit H. Summaries of GISD response to water situation

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10 Exhibit I. Agreement and Program Plan

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11 Exhibit J. National Marketing Awards

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12 Exhibit K. 10/2/17 status conference

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Nov. 10, 2017 PACER
80

MOTION for Leave to File Excess Pages by Michigan Department of Education. (Haynes, Timothy) (Entered: 11/10/2017)

Nov. 10, 2017 PACER
81

RESPONSE to 62 MOTION for Preliminary Injunction filed by Michigan Department of Education. (Haynes, Timothy) (Entered: 11/10/2017)

Nov. 10, 2017 PACER
82

RESPONSE to 62 MOTION for Preliminary Injunction CORRECTED 81 filed by Michigan Department of Education. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Schoof Decl., # 3 Exhibit Groetsch Decl., # 4 Exhibit Ferrari Decl., # 5 Exhibit Moran Decl., # 6 Exhibit Kovalchick Decl., # 7 Exhibit Detroit News Article, # 8 Exhibit DeMars-Johnson Decl., # 9 Exhibit Lower Decl., # 10 Exhibit Brewer Walraven Decl., # 11 Exhibit Golzynski Decl., # 12 Exhibit Schretlen Decl., # 13 Exhibit U.S. v Arkansas, # 14 Exhibit Chapman Decl., # 15 Exhibit Johnston v. New Miami) (Haynes, Timothy) (Entered: 11/10/2017)

1 Index of Exhibits

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2 Exhibit Schoof Decl.

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3 Exhibit Groetsch Decl.

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4 Exhibit Ferrari Decl.

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5 Exhibit Moran Decl.

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6 Exhibit Kovalchick Decl.

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7 Exhibit Detroit News Article

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8 Exhibit DeMars-Johnson Decl.

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9 Exhibit Lower Decl.

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10 Exhibit Brewer Walraven Decl.

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11 Exhibit Golzynski Decl.

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12 Exhibit Schretlen Decl.

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13 Exhibit U.S. v Arkansas

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14 Exhibit Chapman Decl.

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15 Exhibit Johnston v. New Miami

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Nov. 10, 2017 PACER
83

MOTION for Leave to File Excess Pages by Flint Community Schools. (Miller, Donald) (Entered: 11/13/2017)

Nov. 13, 2017 PACER
84

RESPONSE to 62 MOTION for Preliminary Injunction filed by Flint Community Schools. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A-Declaration of Melinda Carroll, # 3 Exhibit B-Inventory of Evaluation Tools, # 4 Exhibit C-DK File Documents, # 5 Exhibit D-ON File Documents, # 6 Exhibit E-Dept. of Educ, State of Haw. v. Cari Rae S., # 7 Exhibit F-October 2, 2017 Status Conference Transcript, # 8 Exhibit G-Ellen R. Shell, Gauging the Effects of Lead, # 9 Exhibit H-Lecero v. Detroit Pub. Sch,) (Miller, Donald) (Entered: 11/13/2017)

1 Index of Exhibits Index of Exhibits

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2 Exhibit A-Declaration of Melinda Carroll

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3 Exhibit B-Inventory of Evaluation Tools

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4 Exhibit C-DK File Documents

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5 Exhibit D-ON File Documents

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6 Exhibit E-Dept. of Educ, State of Haw. v. Cari Rae S.

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7 Exhibit F-October 2, 2017 Status Conference Transcript

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8 Exhibit G-Ellen R. Shell, Gauging the Effects of Lead

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9 Exhibit H-Lecero v. Detroit Pub. Sch,

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Nov. 13, 2017 PACER
85

Emergency MOTION to Compel Independent Medical Examinations or to Adjourn Dates by Michigan Department of Education. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1- Minute Entry 10-03-2017, # 3 Exhibit 2 - Hearing Transcript 10-26-2017, # 4 Exhibit 3 - Huffman Declaration, # 5 Exhibit 3-A - Huffman CV, # 6 Exhibit 3-B - Huffman Legal Fee Schedule, # 7 Exhibit 4 - Declaration of Renee Lajiness-O'Neill, # 8 Exhibit 4-A - Lajiness-O'Neill CV, # 9 Exhibit 5 - Letter - Little, Gregory 2017-10-31, # 10 Exhibit 6 - Little E-mail 11-02-2017, # 11 Exhibit 7 - Larsen E-mail 11-03-2017, # 12 Exhibit 8 - Larsen E-mail 11-08-2017, # 13 Exhibit 9 - Larsen E-mail 11-09-2017, # 14 Exhibit 10 - Larsen E-mail Continued 11-09-2017, # 15 Exhibit 11 - Larsen E-mail 11-10-2017, # 16 Exhibit 12 - E-mail and ACLU Letter, # 17 Exhibit 13 - Larsen E-mail 11-10-2017) (Larsen, Zachary) (Entered: 11/13/2017)

1 Index of Exhibits

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2 Exhibit 1- Minute Entry 10-03-2017

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3 Exhibit 2 - Hearing Transcript 10-26-2017

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4 Exhibit 3 - Huffman Declaration

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5 Exhibit 3-A - Huffman CV

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6 Exhibit 3-B - Huffman Legal Fee Schedule

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7 Exhibit 4 - Declaration of Renee Lajiness-O'Neill

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8 Exhibit 4-A - Lajiness-O'Neill CV

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9 Exhibit 5 - Letter - Little, Gregory 2017-10-31

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10 Exhibit 6 - Little E-mail 11-02-2017

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11 Exhibit 7 - Larsen E-mail 11-03-2017

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12 Exhibit 8 - Larsen E-mail 11-08-2017

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13 Exhibit 9 - Larsen E-mail 11-09-2017

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14 Exhibit 10 - Larsen E-mail Continued 11-09-2017

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15 Exhibit 11 - Larsen E-mail 11-10-2017

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16 Exhibit 12 - E-mail and ACLU Letter

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17 Exhibit 13 - Larsen E-mail 11-10-2017

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Nov. 13, 2017 PACER
86

STATEMENT of Resolved and Unresolved Issues /Joint List of Unresolved Issues Regarding Docket Entries 62, 79, 81, 82, and 84 by All Plaintiffs (Heck, Lindsay) (Entered: 11/13/2017)

Nov. 13, 2017 PACER
87

NOTICE of Joinder/Concurrence in 85 Emergency MOTION to Compel Independent Medical Examinations or to Adjourn Dates filed by Michigan Department of Education by Genesee Intermediate School District (Mullins, Timothy) (Entered: 11/15/2017)

Nov. 15, 2017 PACER
88

NOTICE by Genesee Intermediate School District re 87 Notice of Joinder/Concurrence withdrawal (Mullins, Timothy) (Entered: 11/16/2017)

Nov. 16, 2017 PACER
89

STIPULATED PROTECTIVE ORDER Regarding FERPA, Confidential Records and Claw Back. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/16/2017)

Nov. 16, 2017 PACER

State / Territory: Michigan

Case Type(s):

Education

Special Collection(s):

Flint Water Cases

Key Dates

Filing Date: Oct. 18, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children (and their parents) in Flint who have a disability or who are at risk of developing a disability due to prolonged exposure to elevated lead levels in the drinking water.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Genesee Intermediate School District (Genesee), School District

Flint Community Schools (Genesee), School District

Michigan, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - 2023

Content of Injunction:

Student assignment

Remedial education

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Recordkeeping

Required disclosure

Training

Preliminary relief request withdrawn/mooted

Issues

General:

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Communication skills

Counseling

Failure to discipline

Failure to supervise

Government Services

Individualized planning

Juveniles

Pattern or Practice

Record-keeping

Records Disclosure

Restraints : physical

School/University policies

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Least restrictive environment

Mental impairment

Mobility impairment

Visual impairment

Mental Disability:

Autism

Brain injury

Learning disability

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run