1
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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
View on PACER
2 Civil Cover Sheet
View on PACER
|
June 27, 2014
|
June 27, 2014
RECAP
|
2
|
CORPORATE DISCLOSURE STATEMENT by Parent/Professional Advocacy League, S. S.. (Head, Carol) (Entered: 06/27/2014)
|
June 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
|
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
|
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
View on PACER
|
June 27, 2014
|
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
|
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
|
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
|
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
|
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
|
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
|
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)
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June 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
|
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
View on PACER
|
July 1, 2014
|
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
View on PACER
|
July 1, 2014
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
View on PACER
|
July 3, 2014
|
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
View on PACER
|
July 3, 2014
|
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
|
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
|
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
|
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
|
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
|
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
|
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
|
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
View on PACER
2 Exhibit "B" CPR report
View on PACER
3 Exhibit "C" CAP report
View on PACER
4 Exhibit "D" state approve elementary school
View on PACER
5 Exhibit "E" state approve middle school
View on PACER
6 Exhibit "F" state approve high school
View on PACER
|
July 28, 2014
|
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
|
Aug. 1, 2014
PACER
|
36
|
Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) (Entered: 08/04/2014)
|
Aug. 4, 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
|
Aug. 6, 2014
PACER
|
38
|
NOTICE by Parent/Professional Advocacy League, S. S. (Attachments: # 1 Appendix)(Dorfman, Deborah) (Entered: 08/27/2014)
1 Appendix
View on PACER
|
Aug. 27, 2014
|
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
|
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
|
Aug. 27, 2014
RECAP
|
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
View on PACER
2 Exhibit B
View on PACER
|
Aug. 27, 2014
|
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
|
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
|
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
|
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
View on PACER
2 Affidavit M Martin
View on PACER
|
Sept. 15, 2014
|
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
|
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
|
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
|
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
View on PACER
2 Exhibit B
View on PACER
|
Dec. 5, 2014
|
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
View on PACER
|
Dec. 16, 2014
|
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
|
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
|
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
|
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
|
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
|
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
View on PACER
|
Feb. 13, 2015
|
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
|
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
|
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
|
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
|
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
|
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
|
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
View on PACER
|
March 20, 2015
|
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
|
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
|
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
|
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
|
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
|
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
|
April 28, 2015
PACER
|
|
Order on Motion to Continue
|
April 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
|
April 29, 2015
PACER
|
71
|
NOTICE of Withdrawal of Appearance by Samuel R. Miller (Miller, Samuel) (Entered: 05/11/2015)
|
May 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
|
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
|
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/caseinfo/transcripts.htm (Scalfani, Deborah) (Entered: 05/18/2015)
|
May 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
|
June 29, 2015
PACER
|
|
Order on Motion for Protective Order
|
June 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
|
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
|
Aug. 18, 2015
PACER
|
|
Order Referring Case to Magistrate Judge
|
Aug. 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
|
Aug. 18, 2015
PACER
|
79
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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)
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Aug. 19, 2015
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Aug. 19, 2015
PACER
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Order on Motion for Miscellaneous Relief
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Aug. 19, 2015
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Aug. 19, 2015
PACER
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80
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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)
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Aug. 19, 2015
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Aug. 19, 2015
PACER
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81
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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)
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Aug. 20, 2015
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Aug. 20, 2015
PACER
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82
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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)
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Aug. 20, 2015
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Aug. 20, 2015
PACER
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83
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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)
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Aug. 24, 2015
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Aug. 24, 2015
PACER
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Order on Motion for Reconsideration
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Aug. 24, 2015
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Aug. 24, 2015
PACER
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84
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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
View on PACER
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Sept. 16, 2015
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Sept. 16, 2015
PACER
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85
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CERTIFICATION pursuant to Local Rule 16.1 (D)(3) of Plaintiff Parent/Professional Advocacy League. (Head, Carol) (Entered: 09/16/2015)
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Sept. 16, 2015
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Sept. 16, 2015
PACER
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86
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CERTIFICATION pursuant to Local Rule 16.1 (D)(3) of Plaintiff Disability Law Center. (Head, Carol) (Entered: 09/16/2015)
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Sept. 16, 2015
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Sept. 16, 2015
PACER
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87
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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)
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Sept. 16, 2015
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Sept. 16, 2015
PACER
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88
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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)
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Sept. 23, 2015
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Sept. 23, 2015
PACER
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89
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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)
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Sept. 23, 2015
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Sept. 23, 2015
PACER
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90
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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)
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Sept. 24, 2015
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Sept. 24, 2015
PACER
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91
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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)
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Oct. 6, 2015
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Oct. 6, 2015
PACER
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92
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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/caseinfo/transcripts.htm (Scalfani, Deborah) (Entered: 10/06/2015)
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Oct. 6, 2015
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Oct. 6, 2015
PACER
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93
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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
View on PACER
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Oct. 9, 2015
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Oct. 9, 2015
PACER
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94
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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)
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Oct. 16, 2015
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Oct. 16, 2015
PACER
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Order on Motion for Protective Order
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Oct. 16, 2015
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Oct. 16, 2015
PACER
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95
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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)
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Oct. 16, 2015
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Oct. 16, 2015
PACER
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96
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MOTION to Certify Class by Disability Law Center, Inc., Parent/Professional Advocacy League, S. S..(Head, Carol) (Entered: 10/16/2015)
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Oct. 16, 2015
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Oct. 16, 2015
PACER
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