Case: The National Federation of the Blind v. U.S. Department of Education

1:18-cv-01568 | U.S. District Court for the District of Maryland

Filed Date: May 31, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 31, 2018, The National Federation of the Blind filed this lawsuit in the U.S. District Court for the District of Maryland (Northern Division). The plaintiff brought this lawsuit under the Administrative Procedure Act (“APA”). It sued the U.S. Department of Education and the Secretary of Education along with the Acting Assistant Secretary, claiming that the changes to the U.S. Department of Education Office for Civil Rights Case Processing Manual (“2018 OCR Manual”) violated the federal A…

On May 31, 2018, The National Federation of the Blind filed this lawsuit in the U.S. District Court for the District of Maryland (Northern Division). The plaintiff brought this lawsuit under the Administrative Procedure Act (“APA”). It sued the U.S. Department of Education and the Secretary of Education along with the Acting Assistant Secretary, claiming that the changes to the U.S. Department of Education Office for Civil Rights Case Processing Manual (“2018 OCR Manual”) violated the federal Administrative Procedure Act (“APA”), and was contrary to the mission of the Office of Civil Rights (OCR). These changes in the 2018 OCR Manual included (1) new provisions to require mandatory dismissal and (2) the elimination of the appeal rights of complainants.

In effect, the newly revised 2018 OCR Manual meant that the OCR would dismiss claims of illegal discrimination if the claim was either part of "a pattern" of complaints against multiple recipients, or if the complaint placed an unreasonable burden on OCR's resources. "Pattern" was left undefined and could cover as little as two complaints. The provision was not even limited to those instances where prior complaints were meritless or where they would involve similar allegations. "Unreasonable burden" would also be judged based on unknown factors. In addition, the DOE made a third change that eliminated complainants' right to appeal OCR findings of insufficient evidence. Thus, according to the plaintiff, the new restrictions would block those who had been subjected to more than one incident of illegal discrimination, and also those entities that represent multiple individuals that cannot afford to bring claims on their own. The plaintiffs stated this was arbitrary, capricious, and not in accordance with the law, as this unilaterally eliminated the right of claimants to have their claim of discrimination investigated if it indicated a possible failure to comply with federal civil rights laws. As such, plaintiffs sought declaratory and injunctive relief, damages, and attorney’s fees. This case was assigned to Judge Theodore D. Chuang.

On December 3, 2018, the plaintiffs filed an amended complaint naming the newly appointed Department of Education Assistant Secretary for Civil Rights. After this complaint, on August 21, 2019, Judge Chuang granted the defendants' motion to dismiss, saying that while the plaintiffs sufficiently pleaded particularized injuries, the complaint did not take into account an amendment to the OCR manual that removed the language that the parties are contesting. He did grant the plaintiffs leave to file an amended complaint to address the issue.

The plaintiffs filed an amended complaint on October 3, 2019 which added a section on how the new OCR manual did not change the underlying issues from the old one, and that it does not provide for redress of formerly removed complaints. These complaints were again made under the APA.

Litigation on the case continued, but the parties jointly moved to dismiss the case on account of a settlement agreement that they came to on February 4, 2020. The settlement reopened cases that had been dismissed under the contested rules, and allowed parties that had cases dismissed for insufficient evidence under the old rules to petition the Department to have their cases reopened. The Department of Education also agreed to pay $50,000 to the plaintiffs for legal fees. The parties can move to file for further enforcement of the order until February 5, 2021; no such motion has been filed as of June 2020.

Summary Authors

Jennifer Huseby (9/23/2018)

Ellen Aldin (6/2/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6996107/parties/the-national-federation-of-the-blind-v-us-department-of-education/


Judge(s)

Chuang, Theodore David (Maryland)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Lierman, Brooke E. (Maryland)

Queen, Anisha S (Maryland)

Attorneys(s) for Defendant

Edney, Marsha S. (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Moore, Tamra (District of Columbia)

Judge(s)

Chuang, Theodore David (Maryland)

Attorneys(s) for Plaintiff

Hill, Eve Lynne (Maryland)

Lierman, Brooke E. (Maryland)

Queen, Anisha S (Maryland)

Attorneys(s) for Defendant

Edney, Marsha S. (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Moore, Tamra (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 7, 2020 Docket
1

Complaint

May 31, 2018 Complaint
58

Memorandum Opinion

The National Federation of the Blind v. United States Department of Education

407 F.Supp.3d 524

Aug. 21, 2019 Order/Opinion
63

Second Amended Complaint for Injunctive and Declaratory Relief

Oct. 3, 2019 Complaint

Settlement Agreement

The National Federation of the Blind v. United States Department of Education

Feb. 4, 2020 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6996107/the-national-federation-of-the-blind-v-us-department-of-education/

Last updated May 28, 2022, 3:02 a.m.

ECF Number Description Date Link
1

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants ( Filing fee $ 400 receipt number 0416-7359032.), filed by The National Federation of the Blind, National Association for the Advancement of Colored People, Inc., THE COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Attachments: # 1 Civil Cover Sheet)(Hill, Eve) (Entered: 05/31/2018)

1 Civil Cover Sheet

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May 31, 2018 RECAP
2

NOTICE by National Association for the Advancement of Colored People, Inc., THE COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., The National Federation of the Blind for the Clerk to issue summons (Hill, Eve) (Entered: 05/31/2018)

May 31, 2018 PACER
3

NOTICE by National Association for the Advancement of Colored People, Inc., THE COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., The National Federation of the Blind for the Clerk to issue summons (Hill, Eve) (Entered: 05/31/2018)

May 31, 2018 PACER
4

NOTICE by National Association for the Advancement of Colored People, Inc., THE COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., The National Federation of the Blind for the Clerk to issue summons (Hill, Eve) (Entered: 05/31/2018)

May 31, 2018 PACER
5

Local Rule 103.3 Disclosure Statement by National Association for the Advancement of Colored People, Inc., THE COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., The National Federation of the Blind (Hill, Eve) (Entered: 05/31/2018)

May 31, 2018 PACER
6

Local Rule 103.3 Disclosure Statement by National Association for the Advancement of Colored People, Inc., THE COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., The National Federation of the Blind (Hill, Eve) (Entered: 05/31/2018)

May 31, 2018 PACER
7

Local Rule 103.3 Disclosure Statement by National Association for the Advancement of Colored People, Inc., THE COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., The National Federation of the Blind (Hill, Eve) (Entered: 05/31/2018)

May 31, 2018 PACER
8

CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 5/31/2018. (aos, Deputy Clerk) (Entered: 05/31/2018)

May 31, 2018 RECAP
9

NOTICE of Appearance by Brooke E Lierman on behalf of All Plaintiffs (Lierman, Brooke) (Entered: 06/01/2018)

June 1, 2018 PACER
10

QC NOTICE: 1 Complaint, filed by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind was filed incorrectly. The following attachments or exhibits are missing - Proposed Summons were provided for only the named Defendants. If the defendant is either an agency of the United States or an officer or employee of the United States, you must serve both the U.S. Attorney General and the U.S. Attorney for the District of Maryland, as well as each defendant. Please electronically submit a summons for each required party, using the Civil event "Supplemental" located under "Other Filings", and then "Other Documents".(heps, Deputy Clerk) (Entered: 06/06/2018)

June 6, 2018 PACER
11

Supplemental to Summons - Attorney General of the United States, Jefferson B. Session, III (Hill, Eve) (Entered: 06/06/2018)

June 6, 2018 PACER
12

Supplemental to Summons - U.S. Attorney for the District of Maryland, Robert K. Hur (Hill, Eve) (Entered: 06/06/2018)

June 6, 2018 PACER
13

Summons Issued 60 days as to Betsy Devos, Candice Jackson, U.S. Department of Education, U.S. Attorney and U.S. Attorney General(heps, Deputy Clerk) (Entered: 06/06/2018)

June 6, 2018 PACER
14

SUMMONS Returned Executed by The National Federation of the Blind, National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc.. Betsy Devos served on 6/11/2018, answer due 8/10/2018. (Attachments: # 1 Receipt Certified Mail Receipt)(Hill, Eve) (Entered: 06/18/2018)

1 Receipt Certified Mail Receipt

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June 18, 2018 PACER
15

SUMMONS Returned Executed by The National Federation of the Blind, National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc.. U.S. Department of Education served on 6/11/2018, answer due 8/10/2018. (Attachments: # 1 Receipt Certified Mail Receipt)(Hill, Eve) (Entered: 06/18/2018)

1 Receipt Certified Mail Receipt

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June 18, 2018 PACER
16

Summons Returned Executed, Complaint w/attachments, and Civil Cover Sheet served on Jefferson B. Session, III on June 11, 2018, filed by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind. (Attachments: # 1 Receipt Certified Mail Receipt)(Hill, Eve) Modified on 7/25/2018 (heps, Deputy Clerk). (Entered: 07/10/2018)

1 Receipt Certified Mail Receipt

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July 10, 2018 PACER
17

Summons Returned Executed, Complaint w/attachments, and Civil Cover Sheet served on Robert K. Hur on June 7, 2018, filed by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind. (Attachments: # 1 Receipt Certified Mail Receipt)(Hill, Eve) Modified on 7/25/2018 (heps, Deputy Clerk). (Entered: 07/10/2018)

1 Receipt Certified Mail Receipt

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July 10, 2018 PACER
18

Consent MOTION for Extension of Time To Respond to Complaint by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 08/03/2018)

1 Text of Proposed Order

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Aug. 3, 2018 PACER
19

ORDER Granting 18 Consent Motion to Extend Time to Respond to Plaintiff's Complaint. Signed by Judge Theodore D. Chuang on 8/7/2018. (heps, Deputy Clerk) (Entered: 08/08/2018)

Aug. 8, 2018 PACER
20

Request for Conference (Hill, Eve) (Entered: 08/14/2018)

Aug. 14, 2018 RECAP
21

PAPERLESS NOTICE that a telephone CASE MANAGEMENT CONFERENCE to discuss 20 Notice of Intent to File Motion for a Preliminary Injunction is scheduled for August 29, 2018 at 4:00 p.m. Instructions for the call will be emailed to the parties at a later date. In addition to the proposed motion, the parties should be prepared to address whether they consent to have all further proceedings before a Magistrate Judge and whether they wish to participate in a mediation session with a Magistrate Judge, whether before, during, or after discovery. Parties are expected to consult with their clients and confer with each other on these issues in advance of the Case Management Conference and, if possible, present joint views to the Court. (gk2s, Chambers) (Entered: 08/15/2018)

Aug. 15, 2018 PACER
22

Consent MOTION for Extension of Time To Respond to Complaint by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 08/24/2018)

1 Text of Proposed Order

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Aug. 24, 2018 RECAP
23

Case Management Conference held on 8/29/2018 before Judge Theodore D. Chuang.(FTR-2B.) (klss, Deputy Clerk) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
24

ORDER Granting 22 Consent MOTION for Extension of Time To Respond to Complaint. Signed by Judge Theodore D. Chuang on 8/29/2018. (heps, Deputy Clerk) (Entered: 08/30/2018)

Aug. 30, 2018 PACER
25

STATUS REPORT by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 09/28/2018)

1 Text of Proposed Order

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Sept. 28, 2018 RECAP
26

ORDER re 25 Joint Status Report directing that the parties shall submit a Joint Status Report on or before November 5, 2018. Signed by Judge Theodore D. Chuang on 10/1/2018. (kns, Deputy Clerk) (Entered: 10/01/2018)

Oct. 1, 2018 RECAP
27

STATUS REPORT by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 11/05/2018)

1 Text of Proposed Order

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Nov. 5, 2018 RECAP
28

ORDER that the parties shall submit a Joint Status Report informing the Court about the status of this case on or before November 19, 2018. Signed by Judge Theodore D. Chuang on 11/6/2018. (heps, Deputy Clerk) (Entered: 11/06/2018)

Nov. 6, 2018 PACER
29

STATUS REPORT Joint Status Report by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind (Attachments: # 1 Attachment Proposed Order)(Hill, Eve) (Entered: 11/19/2018)

1 Attachment Proposed Order

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Nov. 19, 2018 RECAP
30

MOTION for Leave to File Supplemental Complaint by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind (Attachments: # 1 Exhibit Supplemental Complaint, # 2 Exhibit Redline Supplemental Complaint)(Hill, Eve) (Entered: 11/20/2018)

1 Exhibit Supplemental Complaint

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2 Exhibit Redline Supplemental Complaint

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Nov. 20, 2018 RECAP
31

Request for Conference (Hill, Eve) (Entered: 11/20/2018)

Nov. 20, 2018 RECAP
32

NOTICE by Betsy Devos, Candice Jackson, U.S. Department of Education re 29 Status Report, (Attachments: # 1 Exhibit)(Moore, Tamra) (Entered: 11/20/2018)

1 Exhibit

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Nov. 20, 2018 RECAP
33

NOTICE by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind re 30 MOTION for Leave to File Supplemental Complaint NOTICE OF ERRATA (Hill, Eve) (Entered: 11/20/2018)

Nov. 20, 2018 RECAP
34

ORDER Denying Without Prejudice 30 Motion for Leave to File a Supplemental Complaint; directing plaintiff to file a Notice of Intent regarding the Motion for Leave to File a Supplemental Complaint by November 28, 2018. Signed by Judge Theodore D. Chuang on 11/20/2018. (heps, Deputy Clerk) (Entered: 11/21/2018)

Nov. 20, 2018 PACER
35

Request for Conference (Hill, Eve) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
36

Case Management Conference held on 11/29/2018 before Judge Theodore D. Chuang.(FTR-2B.) (klss, Deputy Clerk) (Entered: 11/30/2018)

Nov. 29, 2018 PACER
37

ORDER Granting Plaintiff leave to file an Amended Complaint by December 4, 2018; Defendants shall submit either the Answer or a Notice of Intent to File a Motion to Dismiss by December 18, 2018. Signed by Judge Theodore D. Chuang on 11/30/2018. (heps, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
38

AMENDED COMPLAINT against All Defendants, filed by The National Federation of the Blind, National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc.. (Attachments: # 1 Amended Complaint-Redlined)(Hill, Eve) (Entered: 12/03/2018)

1 Amended Complaint-Redlined

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Dec. 3, 2018 PACER
39

NOTICE by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind Notice regarding filing of Motion for Preliminary Injunction (Hill, Eve) (Entered: 12/11/2018)

Dec. 11, 2018 PACER
40

NOTICE by Betsy Devos, Candice Jackson, U.S. Department of Education re 38 Amended Complaint, of Intent to File Motion to Dimiss Based on Lack of Subject Matter Jurisdiction (Moore, Tamra) (Entered: 12/18/2018)

Dec. 18, 2018 PACER
41

PAPERLESS ORDER granting Defendants leave to file the proposed Motion 40 pursuant to the briefing schedule stated in this Court's Order 37 . Signed by Judge Theodore D. Chuang on 12/19/2018. (sl5, Chambers) (Entered: 12/19/2018)

Dec. 19, 2018 PACER
42

MOTION to Stay re 40 Notice (Other), 41 Order Defendants' Motion to Dismiss Due to Lapse in Appropriations by Betsy Devos, Candice Jackson, U.S. Department of Education(Moore, Tamra) (Entered: 12/26/2018)

Dec. 26, 2018 PACER
43

ORDER granting in part 42 Motion to Stay is DENIED; Defendant's Motion to Dismiss is now due by January 17, 2019; defendants must file a motion to obtain any further extensions. Signed by Judge Theodore D. Chuang on 1/2/2019. (heps, Deputy Clerk) (Entered: 01/02/2019)

Jan. 2, 2019 RECAP
44

Consent MOTION for Extension of Time to File Defendants' Motion to Dismiss In Light of Lapse in Appropriations by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 01/15/2019)

1 Text of Proposed Order

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Jan. 15, 2019 PACER
45

ORDER Granting 44 Motion for Extension of Time to File Defendant's Motion to Dismiss in Light of Lapse in Appropriations. Signed by Judge Theodore D. Chuang on 1/16/2019. (heps, Deputy Clerk) (Entered: 01/16/2019)

Jan. 16, 2019 RECAP
46

Consent MOTION for Extension of Time to File Motion to Dismiss by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 02/06/2019)

1 Text of Proposed Order

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Feb. 6, 2019 PACER
47

ORDER granting 46 Unopposed Motion for Extension of Time. Signed by Judge Theodore D. Chuang on 2/7/2019. (kns, Deputy Clerk) (Entered: 02/07/2019)

Feb. 7, 2019 RECAP
48

NOTICE of Appearance by Anisha S. Queen on behalf of National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind (Queen, Anisha) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
49

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Memorandum in Support, # 2 Marcus Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Wills Declaration, # 10 Exhibit A, # 11 Text of Proposed Order)(Moore, Tamra) (Entered: 02/11/2019)

1 Memorandum in Support

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2 Marcus Declaration

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3 Exhibit A

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4 Exhibit B

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Wills Declaration

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10 Exhibit A

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11 Text of Proposed Order

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Feb. 11, 2019 RECAP
50

RESPONSE in Opposition re 49 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hill, Eve) (Entered: 03/11/2019)

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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March 11, 2019 PACER
51

Consent MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, 50 Response in Opposition to Motion, by Betsy Devos, Candice Jackson, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 03/22/2019)

1 Text of Proposed Order

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March 22, 2019 PACER
52

PAPERLESS ORDER granting 51 Motion for Extension of Time to File Response/Reply. Defendants' Reply in support of 49 Defendants' Motion to Dismiss is now due April 19, 2019. Signed by Judge Theodore D. Chuang on 3/22/2019. (sl5s, Chambers) (Entered: 03/22/2019)

March 22, 2019 PACER
53

Consent MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Betsy Devos, Candice Jackson, U.S. Department of Education. (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 04/17/2019)

1 Text of Proposed Order

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April 17, 2019 PACER
54

NOTICE of Appearance by Michael F Knapp on behalf of All Defendants (Knapp, Michael) (Entered: 04/22/2019)

April 22, 2019 PACER
55

ORDER granting 53 Motion for Extension of Time to File Their Reply in Support of 49 MOTION to Dismiss on or before April 26, 2019. Signed by Judge Theodore D. Chuang on 4/23/2019. (cags, Deputy Clerk) (Entered: 04/23/2019)

April 23, 2019 PACER
56

REPLY to Response to Motion re 49 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Betsy Devos, Candice Jackson, U.S. Department of Education. (Attachments: # 1 Affidavit of Randolph Wills)(Knapp, Michael) (Entered: 04/26/2019)

1 Affidavit of Randolph Wills

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April 26, 2019 PACER
57

NOTICE by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind Notice of Supplemental Authority (Attachments: # 1 Exhibit 1)(Hill, Eve) (Entered: 05/29/2019)

1 Exhibit 1

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May 29, 2019 PACER
58

MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 8/19/2019. (heps, Deputy Clerk) (Entered: 08/21/2019)

Aug. 21, 2019 RECAP
59

ORDER Granting 49 Motion to Dismiss; the Amended Complaint is Dismissed Without Prejudice; any Motion for Leave to Amend the Complaint must be filed within Fourteen (14) days of the date of this Order. Signed by Judge Theodore D. Chuang on 8/19/2019. (heps, Deputy Clerk) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
60

MOTION for Leave to File A Second Amended Complaint by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Hill, Eve) (Entered: 09/03/2019)

1 Exhibit A

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2 Exhibit B

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3 Text of Proposed Order

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Sept. 3, 2019 PACER
61

NOTICE to Substitute Attorney Tamra Moore and Michael Knapp (Edney, Marsha) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
62

ORDER Granting 60 Motion for Leave to File A Second Amended Complaint. Signed by Judge Theodore D. Chuang on 10/3/2019. (heps, Deputy Clerk) (Entered: 10/03/2019)

Oct. 3, 2019 PACER
63

SECOND AMENDED COMPLAINT against Betsy Devos, Candice Jackson, U.S. Department of Education, filed by The National Federation of the Blind, National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc.. (Attachments: # 1 Redline version of Amended Complaint)(heps, Deputy Clerk) (Entered: 10/03/2019)

1 Redline version of Amended Complaint

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Oct. 3, 2019 PACER
64

ANSWER to 63 Amended Complaint, by Betsy Devos, Candice Jackson, U.S. Department of Education.(Edney, Marsha) (Entered: 10/17/2019)

Oct. 17, 2019 RECAP
65

SCHEDULING ORDER: Status Report due by 3/18/2020.. Signed by Judge Theodore D. Chuang on 11/5/2019. (dg3s, Deputy Clerk) (Entered: 11/06/2019)

Nov. 6, 2019 PACER
66

Correspondence re: Request for Modification of Scheduling Order (Edney, Marsha) (Entered: 11/13/2019)

Nov. 13, 2019 PACER
67

Joint MOTION to Stay re 65 Scheduling Order All Pretrial Deadlines by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind (Attachments: # 1 Text of Proposed Order)(Hill, Eve) (Entered: 11/25/2019)

1 Text of Proposed Order

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Nov. 25, 2019 PACER
68

ORDER granting 67 Joint Motion to Stay re 65 Scheduling Order All Pretrial Deadlines; Status Report due on or before 1/3/2020. Signed by Judge Theodore D. Chuang on 11/27/2019. (dg3s, Deputy Clerk) (Entered: 11/27/2019)

Nov. 27, 2019 PACER
69

PAPERLESS NOTICE. In light of ECF No. 68, the Case Management Conference scheduled for Monday, December 2, 2019 is CANCELLED. (sb3s, Chambers) (Entered: 11/27/2019)

Nov. 27, 2019 PACER
70

STATUS REPORT (Joint) by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind (Attachments: # 1 Text of Proposed Order)(Hill, Eve) (Entered: 01/02/2020)

1 Text of Proposed Order

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Jan. 2, 2020 PACER
71

ORDER granting 70 STATUS REPORT (Joint); Status Report due on or before 2/7/2020. Signed by Judge Theodore D. Chuang on 1/7/2020. (dg3s, Deputy Clerk) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
72

STIPULATION of Dismissal by National Association for the Advancement of Colored People, Inc., The Counsel of Parent Attorneys and Advocates, Inc., The National Federation of the Blind(Hill, Eve) (Entered: 02/06/2020)

Feb. 6, 2020 RECAP
73

ORDER DISMISSING case with each party to bear its own costs unless otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge Theodore D. Chuang on 2/7/2020. (dg3s, Deputy Clerk) (Entered: 02/07/2020)

Feb. 7, 2020 PACER

State / Territory: Maryland

Case Type(s):

Education

Key Dates

Filing Date: May 31, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The National Federation of the Blind, The Council of Parent Attorneys and Advocates, Inc., and the National Association for the Advancement of Colored People, Inc.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Education (Washington, D.C.), Federal

Secretary of Education, Federal

Acting Assistant Secretary for Civil Rights (Washington, D.C.), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $50,000

Issues

General:

Education

Inadequate citizen complaint investigations and procedures

School/University policies

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Race discrimination

Race:

Race, unspecified

Disability:

disability, unspecified

Visual impairment

Type of Facility:

Government-run