Case: S.S. v. Springfield

3:14-cv-30116 | U.S. District Court for the District of Massachusetts

Filed Date: June 27, 2014

Closed Date: Aug. 29, 2019

Clearinghouse coding complete

Case Summary

On June 27, 2014, a student with mental disabilities and his mother, joined by the Parent/Professional Advocacy League, filed this class action lawsuit in the United States District Court for the District of Massachusetts. Represented by the Center for Public Representation, the Bazelon Center, and private counsel, the plaintiffs brought suit under the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.) against the City of Springfield, its mayor, the Springfield Public Schools, a…

On June 27, 2014, a student with mental disabilities and his mother, joined by the Parent/Professional Advocacy League, filed this class action lawsuit in the United States District Court for the District of Massachusetts. Represented by the Center for Public Representation, the Bazelon Center, and private counsel, the plaintiffs brought suit under the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.) against the City of Springfield, its mayor, the Springfield Public Schools, and its Superintendent. The complaint alleged that the defendants operated a discriminatory public school system that consigned hundreds of children with mental health disabilities to the Public Day School. The plaintiffs sought injunctive and declaratory relief for ongoing violations of the ADA, including an order that the defendants provide the student plaintiff and the plaintiff class with school-based behavior services in neighborhood schools to afford them an equal educational opportunity and enable them to be educated in neighborhood schools with their peers without a disability.

On July 28, 2014, the defendants filed a motion to dismiss for failure to state a claim. The defendants asserted that the complaint did not meet Federal pleading standards and elements of the plaintiff’s ADA claim could not be proved. On August 14, 2014, the United States filed an amicus brief on the proceedings in support of the plaintiff. And on February 11, 2015, the plaintiffs filed an amended complaint, modifying their pleading to add the Disability Law Center as a plaintiff.

Judge Mark G. Mastroianni held a hearing on the defendants’ motion to dismiss on May 13, 2015. He denied the motion on November 19, 2015, ruling that, because plaintiffs pled sufficient facts to make a showing as to each element of their ADA claim, dismissal for failure to state a claim was inappropriate. 146 F.Supp.3d 414.

On October 16, 2015, the plaintiffs filed a motion to certify a class consisting of all students with a mental health disability who were or had been enrolled in Springfield Public Day School who were not being educated in a Springfield neighborhood school. Two months later, Judge Mastroianni denied the plaintiffs’ motion for class certification. 318 F.R.D. 210. The denial turned on the fact that although the named plaintiff had exhausted his administrative remedies under ADA and IDEA prior to litigation (the ADA ruling was appealed), the proposed members of the class had not. The Court held: "Exhaustion is not only required before a party can litigate issues arising under the IDEA; a litigating party must also exhaust before bringing suit “pursuant to a different statute so long as the party is seeking relief that is available under subchapter II of IDEA.”

On December 30, 2016, the plaintiffs filed an appeal on the District Court’s denial of class certification to the Court of Appeals for the First Circuit.

On April 8, 2017, the City of Springfield moved for judgment on the pleadings. It argued that the organization plaintiffs—the Disability Law Center, the Massachusetts advocacy system, and the Parent/Professional Advocacy League—did not have standing to sue. After a few months, the court stayed discovery until the resolution of the defendant's motion for judgment on the pleadings and the First Circuit's resolution of the plaintiff's class certification appeal. But on November 30, 2017, the parties agreed to dismiss the claims solely relating to S.S. as an individual, one of the named plaintiffs.

On March 8, 2018 the parties requested that the case be transferred to a court sponsored mediator for resolution. The court granted this motion and assigned the case to Magistrate Judge Kenneth P. Neiman. On July 19, 2018, the magistrate judge found in favor of the defendants. Although the plaintiffs had associational standing, they had failed to exhaust the administrative remedies requires by the Individuals with Disabilities in Education Act. 332 F.Supp.3d 367.

On August 9, 2018 the plaintiffs appealed this judgment to the First Circuit, which held oral arguments in June 2019. This appeal was consolidated with the appeals challenging the granting of judgment on the pleadings and the denial of class certification. On August 8, 2019, the First Circuit (Toruella, Lynch, and Kayatta) affirmed the district court's judgment but on partially different grounds. Specifically, the First Circuit upheld the district court's decision to deny class certification, and it found (contrary to the district court) that the organizational plaintiffs lacked standing. 934 F.3d 13.

The case is now closed.

Summary Authors

Eric Wendorf (10/6/2017)

Keagan Potts (3/19/2019)

Hope Brinn (5/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4275607/parties/ss-v-city-of-springfield/


Judge(s)

Lynch, Sandra Lea (Massachusetts)

Mastroianni, Mark Gerald (Massachusetts)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Blanchard, Michael D. (Connecticut)

Bohenek, Matthew T. (Massachusetts)

Bresnahan, Elizabeth M. (Massachusetts)

Burnim, Ira Abraham (District of Columbia)

Delbasty, Jacqueline S. (Massachusetts)

Dorfman, Deborah A. (Massachusetts)

Fleischner, Robert D. (Massachusetts)

Judge(s)

Lynch, Sandra Lea (Massachusetts)

Mastroianni, Mark Gerald (Massachusetts)

Attorneys(s) for Plaintiff

Barkoff, Alison (District of Columbia)

Blanchard, Michael D. (Connecticut)

Bohenek, Matthew T. (Massachusetts)

Bresnahan, Elizabeth M. (Massachusetts)

Burnim, Ira Abraham (District of Columbia)

Delbasty, Jacqueline S. (Massachusetts)

Dorfman, Deborah A. (Massachusetts)

Fleischner, Robert D. (Massachusetts)

Goldman, Jeff (Massachusetts)

Head, Carol E. (Massachusetts)

Mathis, Jennifer (District of Columbia)

McDonnell, Robert E. (Massachusetts)

Miller, Samuel R. (Massachusetts)

Sartori, Elizabeth M. (Massachusetts)

Staub, Sandra J. (Connecticut)

Attorneys(s) for Defendant

deSousa, Lisa C. (Massachusetts)

Holstrom, Stephen L (Massachusetts)

Kennedy, Mary J. (Massachusetts)

MacDonald, Mary Ellen (Massachusetts)

Manganelli, Mary Ellen (Massachusetts)

Phelps, Melinda M. (Massachusetts)

Pikula, Edward (Massachusetts)

Wilson, Anthony I. (Massachusetts)

Other Attorney(s)

Goodwin, Karen L. (Massachusetts)

Langford, Anne E. (District of Columbia)

Leung, Michelle (District of Columbia)

Expert/Monitor/Master

Leone, Peter E. (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 29, 2019 Docket
1

Class Action Complaint

June 27, 2014 Complaint
33

Motion to Dismiss

S.S. v. City of Springfield

July 28, 2014 Pleading / Motion / Brief
40

Statement of Interest of the United States of America

S.S. v. City of Springfield

2014 WL 11209951

Aug. 27, 2014 Pleading / Motion / Brief
55

First Amended Class Action Complaint

S.S. v. City of Springfield

Feb. 11, 2015 Complaint
158-1

Statement in Support of Class Certification

July 15, 2016 Monitor/Expert/Receiver Report
157

Supplemental Memorandum in Law in Support of Motion for Class Certification

July 15, 2016 Pleading / Motion / Brief
191

Memorandum and Order On Plaintiffs' Motion for Class Certification and Defendants' Motions to Exclude or Limit and for Evidentiary Hearing

S.S. v. City of Springfield

318 F.R.D. 210

Dec. 16, 2016 Order/Opinion
265

Order on Defendants' Motion For Judgment

S.S. v. City of Springfield

332 F.Supp.3d 367, 2018 WL 3518517

July 19, 2018 Order/Opinion
290

Opinion of USCA

S.S. v. City of Springfield

U. S. Court of Appeals for the First Circuit

934 F.3d 13

Aug. 8, 2019 Order/Opinion

Resources

Title Description External URL

S.S. v. Springfield Public Schools

The Bazelon Center

Students with mental health needs are being warehoused in a segregated Springfield school without educational opportunities or therapeutic supports, according to this class action lawsuit filed on Ju… Jan. 1, 2017 http://www.bazelon.org/springfield-massachusetts-school-system/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4275607/ss-v-city-of-springfield/

Last updated May 20, 2022, 4:35 a.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-5079090 (Fee Status: Filing Fee paid), filed by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Head, Carol) (Entered: 06/27/2014)

1 Category Form

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2 Civil Cover Sheet

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June 27, 2014 RECAP
2

CORPORATE DISCLOSURE STATEMENT by Parent/Professional Advocacy League, S. S.. (Head, Carol) (Entered: 06/27/2014)

June 27, 2014 PACER
3

MOTION to Seal Document by Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 06/27/2014)

June 27, 2014 PACER
4

MOTION Ex Parte Application to Proceed Under a Fictitious Name by Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 06/27/2014)

June 27, 2014 PACER
5

MEMORANDUM in Support re 4 MOTION Ex Parte Application to Proceed Under a Fictitious Name filed by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Exhibit)(Head, Carol) (Entered: 06/27/2014)

1 Exhibit

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June 27, 2014 PACER
6

NOTICE of Appearance by Robert D. Fleischner on behalf of Parent/Professional Advocacy League, S. S. (Fleischner, Robert) (Entered: 06/30/2014)

June 30, 2014 PACER
7

ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Kenneth P. Neiman. (Abaid, Kimberly) (Entered: 06/30/2014)

June 30, 2014 PACER
8

Summons Issued as to DOMENIC J SARNO, City of Springfield, Springfield Public Schools, Daniel J. Warwick. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice) (Entered: 06/30/2014)

June 30, 2014 PACER
9

NOTICE of Appearance by Elizabeth M. Sartori on behalf of Parent/Professional Advocacy League, S. S. (Sartori, Elizabeth) (Entered: 06/30/2014)

June 30, 2014 PACER
10

NOTICE of Appearance by Jacqueline S. Delbasty on behalf of Parent/Professional Advocacy League, S. S. (Delbasty, Jacqueline) (Entered: 06/30/2014)

June 30, 2014 PACER
11

NOTICE of Appearance by Robert E. McDonnell on behalf of Parent/Professional Advocacy League, S. S. (McDonnell, Robert) (Entered: 06/30/2014)

June 30, 2014 PACER
13

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered REFERRING CASE to Magistrate Judge Kenneth P. Neiman. Motions referred: 3 MOTION to Seal Document, 4 MOTION Ex Parte Application to Proceed Under a Fictitious Name. (Lindsay, Maurice) Modified on 8/4/2014 to correct text and referral type. (Healy, Bethaney). (Entered: 06/30/2014)

June 30, 2014 PACER
14

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 3 Plaintiffs' Motion to Seal Document and 4 Plaintiffs' Ex Parte Application to Proceed Under a Fictitious Name. So ordered. (Neiman, Kenneth) (Entered: 07/01/2014)

July 1, 2014 PACER
15

MOTION for Leave to Appear Pro Hac Vice for admission of Deborah Dorfman Filing fee: $ 100, receipt number 0101-5083387 by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Certification)(Fleischner, Robert) (Entered: 07/01/2014)

1 Certification

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July 1, 2014 PACER
16

MOTION for Leave to Appear Pro Hac Vice for admission of Samuel Miller Filing fee: $ 100, receipt number 0101-5083413 by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Certification)(Fleischner, Robert) (Entered: 07/01/2014)

1 Certification

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July 1, 2014 PACER
17

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice Added Deborah A. Dorfman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 07/01/2014)

July 1, 2014 PACER
18

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice Added Samuel Miller. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 07/01/2014)

July 1, 2014 PACER
20

SUMMONS Returned Executed City of Springfield served on 6/30/2014, answer due 7/21/2014. (Delbasty, Jacqueline) (Entered: 07/02/2014)

July 2, 2014 PACER
21

SUMMONS Returned Executed Domenic Sarno served on 6/30/2014, answer due 7/21/2014. (Delbasty, Jacqueline) (Entered: 07/02/2014)

July 2, 2014 PACER
22

SUMMONS Returned Executed Springfield Public Schools served on 6/30/2014, answer due 7/21/2014. (Delbasty, Jacqueline) (Entered: 07/02/2014)

July 2, 2014 PACER
23

NOTICE of Appearance by Samuel Miller on behalf of Parent/Professional Advocacy League, S. S. (Miller, Samuel) (Entered: 07/03/2014)

July 3, 2014 PACER
24

SUMMONS Returned Executed Daniel J. Warwick served on 6/30/2014, answer due 7/21/2014. (Delbasty, Jacqueline) (Entered: 07/03/2014)

July 3, 2014 PACER
25

MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer Mathis Filing fee: $ 100, receipt number 0101-5086944 by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Certification of Jennifer Mathis)(Delbasty, Jacqueline) (Entered: 07/03/2014)

1 Certification of Jennifer Mathis

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July 3, 2014 PACER
26

MOTION for Leave to Appear Pro Hac Vice for admission of Ira Burnim Filing fee: $ 100, receipt number 0101-5087252 by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Certification of Ira Burnim)(Delbasty, Jacqueline) (Entered: 07/03/2014)

1 Certification of Ira Burnim

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July 3, 2014 PACER
27

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 25 Motion for Leave to Appear Pro Hac Vice Added Jennifer Mathis. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 07/08/2014)

July 8, 2014 PACER
28

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 26 Motion for Leave to Appear Pro Hac Vice Added Ira Burnim. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 07/08/2014)

July 8, 2014 PACER
29

NOTICE of Appearance by Edward M. Pikula on behalf of Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick (Pikula, Edward) (Entered: 07/17/2014)

July 17, 2014 PACER
30

First MOTION for Extension of Time to July 28, 2014 to File Answer or Responsive Pleading by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick.(Pikula, Edward) (Entered: 07/21/2014)

July 21, 2014 PACER
31

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 30 Motion for Extension of Time to July 28, 2014 to File Answer or Responsive Pleading (Pelegano, Theresa) (Entered: 07/22/2014)

July 22, 2014 PACER
32

Set/Reset Answer due Deadlines: Domenic Sarno 7/28/2014; City of Springfield 7/28/2014; Springfield Public Schools 7/28/2014; Daniel J. Warwick 7/28/2014. (Finn, Mary) (Entered: 07/22/2014)

July 22, 2014 PACER
33

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick.(Pikula, Edward) (Entered: 07/28/2014)

July 28, 2014 PACER
34

MEMORANDUM in Support re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick. (Attachments: # 1 Exhibit "A" BSEA decision, # 2 Exhibit "B" CPR report, # 3 Exhibit "C" CAP report, # 4 Exhibit "D" state approve elementary school, # 5 Exhibit "E" state approve middle school, # 6 Exhibit "F" state approve high school)(Pikula, Edward) (Entered: 07/28/2014)

1 Exhibit "A" BSEA decision

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2 Exhibit "B" CPR report

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3 Exhibit "C" CAP report

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4 Exhibit "D" state approve elementary school

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5 Exhibit "E" state approve middle school

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6 Exhibit "F" state approve high school

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July 28, 2014 PACER
35

Assented to MOTION for Extension of Time to August 27, 2014 to File Response/Reply as to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 08/01/2014)

Aug. 1, 2014 PACER
36

Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) (Entered: 08/04/2014)

Aug. 4, 2014 PACER
37

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 35 Motion for Extension of Time to File Response/Reply re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 8/27/2014 (Pelegano, Theresa) (Entered: 08/06/2014)

Aug. 6, 2014 PACER
38

NOTICE by Parent/Professional Advocacy League, S. S. (Attachments: # 1 Appendix)(Dorfman, Deborah) (Entered: 08/27/2014)

1 Appendix

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Aug. 27, 2014 PACER
39

NOTICE of Appearance by Anne Langford on behalf of United States of America (Langford, Anne) (Entered: 08/27/2014)

Aug. 27, 2014 PACER
40

AMICUS BRIEF filed by United States of America (Statement of Interest). (Langford, Anne) (Entered: 08/27/2014)

Aug. 27, 2014 PACER
41

Opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Head, Carol) (Entered: 08/27/2014)

1 Exhibit A

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2 Exhibit B

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Aug. 27, 2014 PACER
42

MOTION for Leave to File Reply Brief by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick.(Pikula, Edward) (Entered: 09/03/2014)

Sept. 3, 2014 PACER
43

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 42 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Pelegano, Theresa) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
44

NOTICE of Appearance by Anthony I. Wilson on behalf of Domenic Sarno, City of Springfield (Wilson, Anthony) (Entered: 09/12/2014)

Sept. 12, 2014 PACER
45

REPLY to Response to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick. (Attachments: # 1 Affidavit Dr Morris, # 2 Affidavit M Martin)(Pikula, Edward) (Entered: 09/15/2014)

1 Affidavit Dr Morris

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2 Affidavit M Martin

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Sept. 15, 2014 PACER
46

MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss by Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 09/17/2014)

Sept. 17, 2014 PACER
47

NOTICE of Change of Address or Firm Name by Elizabeth M. Sartori (Sartori, Elizabeth) (Entered: 12/02/2014)

Dec. 2, 2014 PACER
48

MOTION for Leave to File Amended Complaint by Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 12/05/2014)

Dec. 5, 2014 PACER
49

MEMORANDUM in Support re 48 MOTION for Leave to File Amended Complaint filed by Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Head, Carol) (Entered: 12/05/2014)

1 Exhibit A

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2 Exhibit B

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Dec. 5, 2014 PACER
50

Opposition re 48 MOTION for Leave to File Amended Complaint filed by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick. (Attachments: # 1 Affidavit Dr. Morris)(Pikula, Edward) (Entered: 12/16/2014)

1 Affidavit Dr. Morris

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Dec. 16, 2014 PACER
51

Unobjected-to Letter/request (non-motion) from Plaintiffs (Requesting that the Court set a Scheduling Conference). (Head, Carol) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
52

MOTION for Protective Order as to discovery by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick.(Pikula, Edward) (Entered: 01/30/2015)

Jan. 30, 2015 PACER
53

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 48 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. The court finds the proposed amendments do not prejudice the non-moving party and will not cause more than minor delay. Plaintiffs' motion is therefore granted, consistent with Fed. R. Civ. P. 15(a). (Pelegano, Theresa) (Entered: 02/10/2015)

Feb. 10, 2015 PACER
54

ELECTRONIC NOTICE Setting Hearing on Motion 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 3/17/2015 11:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa) (Entered: 02/10/2015)

Feb. 10, 2015 PACER
55

AMENDED COMPLAINT Leave to file granted on February 10, 2015, Dkt. No. 53 against All Defendants, filed by Parent/Professional Advocacy League, S. S., Disability Law Center, Inc..(Head, Carol) (Entered: 02/11/2015)

Feb. 11, 2015 PACER
56

MEMORANDUM in Opposition re 52 MOTION for Protective Order as to discovery filed by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Declaration of Carol E. Head)(Head, Carol) (Entered: 02/13/2015)

1 Declaration of Carol E. Head

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Feb. 13, 2015 PACER
57

NOTICE of Appearance by Carol E. Head on behalf of Disability Law Center, Inc., Parent/Professional Advocacy League, S. S. (Head, Carol) (Entered: 02/24/2015)

Feb. 24, 2015 PACER
58

ELECTRONIC NOTICE Setting Hearing on Motion 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 3/25/2015 10:30 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (The hearing on 3/17/15 has been rescheduled.)(Pelegano, Theresa) (Entered: 02/26/2015)

Feb. 26, 2015 PACER
59

NOTICE of Appearance by Sandra J. Staub on behalf of Disability Law Center, Inc., Parent/Professional Advocacy League, S. S. (Staub, Sandra) (Entered: 03/18/2015)

March 18, 2015 PACER
60

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 46 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. Must be filed by 3/20/15. (Pelegano, Theresa) (Entered: 03/18/2015)

March 18, 2015 PACER
61

NOTICE of Appearance by Karen L. Goodwin on behalf of United States of America (Goodwin, Karen) (Main Document 61 replaced on 3/19/2015 with notice of appearance in the correct PDF format) (Finn, Mary). Modified on 3/19/2015 (Finn, Mary). (Entered: 03/19/2015)

March 19, 2015 PACER
62

NOTICE of Appearance by Michelle L. Leung on behalf of United States of America (Leung, Michelle) (Entered: 03/19/2015)

March 19, 2015 PACER
63

SUR-REPLY to Motion re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Leave to file granted on March 18, 2015, Dkt. No. 60 filed by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Exhibit A)(Head, Carol) (Entered: 03/20/2015)

1 Exhibit A

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March 20, 2015 PACER
64

ELECTRONIC NOTICE Resetting Hearing on Motion 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing rescheduled for 4/8/2015 11:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (The hearing on 3/25/15 is canceled.)(Pelegano, Theresa) (Entered: 03/23/2015)

March 23, 2015 PACER
65

ELECTRONIC NOTICE Resetting Hearing on Motion 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 4/23/2015 02:30 PM in Franklin Courtroom before Judge Mark G. Mastroianni. (The hearing on 4/8/15 has been rescheduled.)(Pelegano, Theresa) (Entered: 04/03/2015)

April 3, 2015 PACER
66

Joint MOTION to Continue Hearing on Motion to Dismiss to April 30, 2015 by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 04/10/2015)

April 10, 2015 PACER
67

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 66 Motion to Continue Hearing on Motion to Dismiss Hearing rescheduled for 4/30/2015 10:00 AM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa) (Entered: 04/10/2015)

April 10, 2015 PACER
68

Emergency MOTION to Continue Hearing on Motion to Dismiss to May 8, 2015 by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick.(Pikula, Edward) (Entered: 04/27/2015)

April 27, 2015 PACER
69

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 68 Motion to Continue April 30, 2015 Motion Hearing. Allowed. The clerk shall set a new date. (Healy, Bethaney) (Entered: 04/28/2015)

April 28, 2015 PACER
70

ELECTRONIC NOTICE of Hearing.Hearing rescheduled for 5/13/2015 03:00 PM in Franklin Courtroom before Judge Mark G. Mastroianni. (Pelegano, Theresa) (Entered: 04/29/2015)

April 29, 2015 PACER
71

NOTICE of Withdrawal of Appearance by Samuel R. Miller (Miller, Samuel) (Entered: 05/11/2015)

May 11, 2015 PACER
72

ELECTRONIC Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Motion Hearing held on 5/13/2015 re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Springfield, Domenic Sarno, Springfield Public Schools, Daniel J. Warwick. Argument completed. Court takes matter under advisement. (Court Reporter: Alice Moran atalice.moran@verizon.net.)(Attorneys present: Dorfman, Fleischner, Head, Pikula) (Pelegano, Theresa) (Entered: 05/13/2015)

May 13, 2015 PACER
73

Transcript of Motion to Dismiss Hearing held on May 13, 2015, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net Redaction Request due 6/8/2015. Redacted Transcript Deadline set for 6/18/2015. Release of Transcript Restriction set for 8/17/2015. (Scalfani, Deborah) (Entered: 05/18/2015)

May 18, 2015 PACER
74

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 05/18/2015)

May 18, 2015 PACER
75

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 52 Motion for Protective Order as to discovery to clarify docket while motion is pending. (Pelegano, Theresa) (Entered: 06/29/2015)

June 29, 2015 PACER
76

MOTION for Rule 16 Scheduling Conference and to Lift Protective Order by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 08/14/2015)

Aug. 14, 2015 PACER
77

If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Abaid, Kimberly) (Entered: 08/18/2015)

Aug. 18, 2015 PACER
78

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Katherine A. Robertson Referred for: Full Pretrial, No Dispositive Motions (ptn). Motions referred: 76 MOTION for Rule 16 Scheduling Conference and to Lift Protective Order . (Pelegano, Theresa) (Entered: 08/18/2015)

Aug. 18, 2015 PACER
79

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 76 Motion for a Rule 16 Scheduling Conference and to Lift Stay of Discovery. This motion was referred by District Judge Mastroianni to the undersigned for decision. In ruling on the plaintiffs' motion for an initial scheduling conference and to lift the stay on discovery that is presently in effect, the court has reviewed and carefully considered Defendants' Response to Unobjected-To Letter/Request (Non-Motion) from Plaintiffs Requesting that the Court Set a Scheduling Conference and Request for Protective Order, filed on January 30, 2015, in response to plaintiff's first request for a scheduling conference (Dkt. No. 51). Plaintiffs filed this case well over a year ago, in June 2014. In civil cases, Federal Rule of Civil Procedure 16 and Local Rule 16.1 of this district require that an initial case management conference be held and a scheduling order issued within 120 days after any defendant has been served or any defendant has appeared. See Fed. R. Civ. P. 16(b). No case management conference has been held in this case and no scheduling order has issued. Defendants sought and, over plaintiffs' objection, obtained a stay of discovery on the basis of a motion to dismiss, which was argued and remains pending (Dkt. Nos. 33, 52). By the instant motion, plaintiffs seek to have the court set a date for an initial scheduling conference so that counsel may engage in discussions about discovery and jointly propose a schedule of discovery and related events, including the preservation of electronically stored information. "In potential class actions [such as this one], like in other kinds of litigation, '[c]ourts generally frown on motions to stay discovery and deny them in the absence of compelling reasons.'" Evans v. Yum Brands, Inc., 326 F. Supp. 2d 214, 226 (D.N.H. 2004) (quoting 3 Alba Conte & Herbert B. Newberg, Newberg on Class Actions, section 9:43 at 404 (4th ed. 2002); collecting cases). As Chief Judge Saris observed in In re Lotus Dev. Corp. Secs. Litig., 875 F. Supp. 48, 51 (D. Mass. 1995), "to make a stay more readily obtainable simply because there is a colorable motion to dismiss, would undermine the spirit of [Rule 26.]" Here, the only bases for the stay articulated by the defendants are the burden and expense of providing discovery and their belief that they are likely to prevail on the motion to dismiss (Dkt. No. 52 at 2-9). "A defendant's confidence that it will prevail on a dispositive motion does not in and of itself justify holding discovery in abeyance." Yum Brands, Inc., 326 F. Supp. 2d at 226. Discovery entails burden and expense in every case. There are not, therefore, compelling reasons for staying discovery in this matter. On the other hand, plaintiffs have asserted their right to see progress in this case and have raised the specter that evidence, including electronically stored evidence, may be lost if the parties are not required to confer about a discovery plan. The plaintiffs have the better of the arguments. For the reasons set forth above, the plaintiffs' motion is allowed. A scheduling conference will be held on September 23, 2015 at 2:00 p.m. The parties are directed to confer for purposes of preparing a joint discovery plan pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 16.1, which shall be filed with the court by September 16, 2015. It is so ordered. (Robertson, Katherine) (Entered: 08/19/2015)

Aug. 19, 2015 PACER
80

MOTION for Reconsideration re 79 Order on Motion for Scheduling conf. and Motion to Lift Stay and Opposition to 76 motion to lift protective order by Domenic Sarno, City of Mpringfield, Springfield Public Schools, Daniel J. Warwick.(Pikula, Edward) Modified on 8/20/2015 to add - and opposition to Motion to lift protective order to the text. (Finn, Mary). (Entered: 08/19/2015)

Aug. 19, 2015 PACER
81

NOTICE of Scheduling Conference ISSUED: A Scheduling Conference is set for 9/23/2015 at 2:00 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. Joint statement due 9/16/2015. (Calderon, Melissa) (Entered: 08/20/2015)

Aug. 20, 2015 PACER
82

Opposition re 80 MOTION for Reconsideration re 79 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,, filed by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S.. (Head, Carol) (Entered: 08/20/2015)

Aug. 20, 2015 PACER
83

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying 80 defendants' motion for reconsideration. The court is not persuaded that it committed a manifest error of law in allowing plaintiffs' motion to convene a scheduling conference and lift the protective order staying all planning for discovery in this case. See, e.g., Fabrica de Muebles J.J. Alvarez, Inc. v. Inversiones, Inc., 682 F.3d 26, 31 (1st Cir. 2012). The court carefully considered the arguments the defendants made in support of their motion for a stay of discovery, which are similar to those made in its motion for reconsideration. Federal Rule of Civil Procedure 16(b), which directs the convening of initial scheduling conferences, contains no exception for cases in which a motion to dismiss has been filed, nor are private entities treated differently from public entities under the rule. For these reasons, the defendants' motion for reconsideration is denied. It is so ordered. (Robertson, Katherine) (Entered: 08/24/2015)

Aug. 24, 2015 PACER
84

JOINT STATEMENT of counsel and Proposed Discovery Plan. (Attachments: # 1 Exhibit [Proposed] Joint Stipulation and Electronic Discovery Agreement)(Head, Carol) (Entered: 09/16/2015)

1 Exhibit [Proposed] Joint Stipulation and Electronic Discovery Agreement

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Sept. 16, 2015 PACER
85

CERTIFICATION pursuant to Local Rule 16.1 (D)(3) of Plaintiff Parent/Professional Advocacy League. (Head, Carol) (Entered: 09/16/2015)

Sept. 16, 2015 PACER
86

CERTIFICATION pursuant to Local Rule 16.1 (D)(3) of Plaintiff Disability Law Center. (Head, Carol) (Entered: 09/16/2015)

Sept. 16, 2015 PACER
87

CERTIFICATION pursuant to Local Rule 16.1 (D)(3) of Plaintiff S.S., a Minor, by His Mother, S.Y.. (Head, Carol) (Entered: 09/16/2015)

Sept. 16, 2015 PACER
88

CERTIFICATION pursuant to Local Rule 16.1 by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick.(Pikula, Edward) (Entered: 09/23/2015)

Sept. 23, 2015 PACER
89

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: A Scheduling Conference was held on 9/23/2015. Attorneys Present: Carol E. Head, Sandra J. Staub, Deborah A Dorfman and Edward M. Pikula. Colloquy re: status of the case. A schedule was established. Scheduling order to issue. If the parties would like court-sponsored mediation, they should notify the clerk. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Calderon, Melissa) (Entered: 09/24/2015)

Sept. 23, 2015 PACER
90

Magistrate Judge Katherine A. Robertson: ORDER entered. SCHEDULING ORDER ISSUED: A Case Management Conference is set for 3/22/2016 at 2:00 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. See attached scheduling order for complete details. (Calderon, Melissa) (Entered: 09/24/2015)

Sept. 24, 2015 PACER
91

Transcript of Initial Scheduling Conference held on September 23, 2015, before Magistrate Judge Katherine A. Robertson. The Transcript may be purchased through Karen Aveyard at 978-466-9383, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Karen Aveyard. Redaction Request due 10/27/2015. Redacted Transcript Deadline set for 11/6/2015. Release of Transcript Restriction set for 1/4/2016. (Scalfani, Deborah) (Entered: 10/06/2015)

Oct. 6, 2015 PACER
92

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 10/06/2015)

Oct. 6, 2015 PACER
93

Joint MOTION for Protective Order and Stipulation Regarding the Production of Directory Information by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Exhibit 1)(Head, Carol) (Entered: 10/09/2015)

1 Exhibit 1

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Oct. 9, 2015 PACER
94

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 93 Motion for Protective Order and Stipulation Regarding the Production of Directory Information (Pelegano, Theresa) (Entered: 10/16/2015)

Oct. 16, 2015 PACER
95

Judge Mark G. Mastroianni: ORDER entered. RE; MOTION for Protective Order and Stipulation Regarding the Production of Directory Information(Pelegano, Theresa) (Entered: 10/16/2015)

Oct. 16, 2015 PACER
96

MOTION to Certify Class by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 10/16/2015)

Oct. 16, 2015 PACER
97

MEMORANDUM in Support re 96 MOTION to Certify Class filed by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Head, Carol) (Entered: 10/16/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Oct. 16, 2015 PACER
104

Joint MOTION to Continue Hearing Date on Motion to Certify Class by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 12/10/2015)

Dec. 10, 2015
98

MOTION for Leave to File Excess Pages by Domenic Sarno, City of Springfield, Springfield Public Schools, Daniel J. Warwick. (Attachments: # 1 Exhibit Memo of law in opp, # 2 Affidavit Paul Foster, # 3 Exhibit Resume Pstoer, # 4 Exhibit Altern Schools Impact Analysis)(Pikula, Edward) (Entered: 11/16/2015)

1 Exhibit Memo of law in opp

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2 Affidavit Paul Foster

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3 Exhibit Resume Pstoer

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4 Exhibit Altern Schools Impact Analysis

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Nov. 16, 2015 PACER
105

NOTICE of Appearance by Lisa C. deSousa on behalf of City of Springfield (deSousa, Lisa) (Entered: 12/10/2015)

Dec. 10, 2015
106

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 104 Motion to Continue Hearing on 1/7/2016 is granted. A new date re: motion will be set by the Magistrate Judge on 3/22/2016 case management conference. (Pelegano, Theresa) (Entered: 12/11/2015)

Dec. 11, 2015
99

Opposition re 98 MOTION for Leave to File Excess Pages filed by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S.. (Head, Carol) (Entered: 11/17/2015)

Nov. 17, 2015 PACER

State / Territory: Massachusetts

Case Type(s):

Education

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: June 27, 2014

Closing Date: Aug. 29, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A student with mental disabilities and his mother, joined by the Parent/Professional Advocacy League and Disability Law Center.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Denied

Defendants

Springfield, Massachusetts (Sringfield, Hampden), City

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Classification / placement

Government Services

Individualized planning

School/University policies

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Mental impairment

P&A Associational Standing

Mental Disability:

Depression

Intellectual/developmental disability, unspecified

Learning disability

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run