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

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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 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)

Attorney for Plaintiff

Hill, Eve Lynne (Maryland)

Attorney for Defendant

Devos, Betsy (Maryland)

Edney, Marsha S. (District of Columbia)

Education, U.S. Department (Maryland)

Judge(s)

Chuang, Theodore David (Maryland)

Attorney for Plaintiff

Hill, Eve Lynne (Maryland)

Lierman, Brooke E. (Maryland)

Queen, Anisha S (Maryland)

Attorney for Defendant

Devos, Betsy (Maryland)

Edney, Marsha S. (District of Columbia)

Education, U.S. Department (Maryland)

Jackson, Candice (Maryland)

Knapp, Michael Fraser (District of Columbia)

Moore, Tamra (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:18-cv-01568	Docket [PACER]	Feb. 7, 2020	Feb. 7, 2020 Docket
1 1:18-cv-01568	Complaint	May 31, 2018	May 31, 2018 Complaint
58 1:18-cv-01568	Memorandum Opinion The National Federation of the Blind v. United States Department of Education	Aug. 21, 2019	Aug. 21, 2019 Order/Opinion 407 F.Supp.3d 524
63 1:18-cv-01568	Second Amended Complaint for Injunctive and Declaratory Relief	Oct. 3, 2019	Oct. 3, 2019 Complaint
1:18-cv-01568	Settlement Agreement The National Federation of the Blind v. United States Department of Education	Feb. 4, 2020	Feb. 4, 2020 Settlement Agreement

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Docket

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

Last updated Aug. 23, 2026, 4:34 a.m.

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

ECF Number	Date	Description	Link
1	May 31, 2018	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 View on PACER	RECAP
2	May 31, 2018	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)	RECAP
3	May 31, 2018	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)	RECAP
4	May 31, 2018	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)	RECAP
5	May 31, 2018	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)	RECAP
6	May 31, 2018	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)	RECAP
7	May 31, 2018	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)	RECAP
8	May 31, 2018	CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 5/31/2018. (aos, Deputy Clerk) (Entered: 05/31/2018)	RECAP
9	June 1, 2018	NOTICE of Appearance by Brooke E Lierman on behalf of All Plaintiffs (Lierman, Brooke) (Entered: 06/01/2018)	RECAP
10	June 6, 2018	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)	RECAP
11	June 6, 2018	Supplemental to Summons - Attorney General of the United States, Jefferson B. Session, III (Hill, Eve) (Entered: 06/06/2018)	RECAP
12	June 6, 2018	Supplemental to Summons - U.S. Attorney for the District of Maryland, Robert K. Hur (Hill, Eve) (Entered: 06/06/2018)	RECAP
13	June 6, 2018	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)	RECAP
14	June 18, 2018	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 View on PACER	RECAP
15	June 18, 2018	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 View on PACER	RECAP
16	July 10, 2018	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 View on PACER	RECAP
17	July 10, 2018	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 View on PACER	RECAP
18	Aug. 3, 2018	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 View on PACER	RECAP
19	Aug. 8, 2018	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)	RECAP
20	Aug. 14, 2018	Request for Conference (Hill, Eve) (Entered: 08/14/2018)	RECAP
21	Aug. 15, 2018	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)	RECAP
22	Aug. 24, 2018	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 View on PACER	RECAP
23	Aug. 29, 2018	Case Management Conference held on 8/29/2018 before Judge Theodore D. Chuang.(FTR-2B.) (klss, Deputy Clerk) (Entered: 08/29/2018)	RECAP
24	Aug. 30, 2018	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)	RECAP
25	Sept. 28, 2018	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 View on PACER	RECAP
26	Oct. 1, 2018	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)	RECAP
27	Nov. 5, 2018	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 View on PACER	RECAP
28	Nov. 6, 2018	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)	RECAP
29	Nov. 19, 2018	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 View on PACER	RECAP
30	Nov. 20, 2018	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 View on RECAP 2 Exhibit Redline Supplemental Complaint View on RECAP	RECAP
31	Nov. 20, 2018	Request for Conference (Hill, Eve) (Entered: 11/20/2018)	RECAP
32	Nov. 20, 2018	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 View on RECAP	RECAP
33	Nov. 20, 2018	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)	RECAP
34	Nov. 20, 2018	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)	RECAP
35	Nov. 21, 2018	Request for Conference (Hill, Eve) (Entered: 11/21/2018)	RECAP
36	Nov. 29, 2018	Case Management Conference held on 11/29/2018 before Judge Theodore D. Chuang.(FTR-2B.) (klss, Deputy Clerk) (Entered: 11/30/2018)	RECAP
37	Nov. 30, 2018	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)	RECAP
38	Dec. 3, 2018	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 View on PACER	RECAP
39	Dec. 11, 2018	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)	RECAP
40	Dec. 18, 2018	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)	RECAP
41	Dec. 19, 2018	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)	RECAP
42	Dec. 26, 2018	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)	RECAP
43	Jan. 2, 2019	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)	RECAP
44	Jan. 15, 2019	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 View on PACER	RECAP
45	Jan. 16, 2019	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)	RECAP
46	Feb. 6, 2019	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 View on PACER	RECAP
47	Feb. 7, 2019	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)	RECAP
48	Feb. 11, 2019	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)	RECAP
49	Feb. 11, 2019	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 View on RECAP 2 Marcus Declaration View on RECAP 3 Exhibit A View on RECAP 4 Exhibit B View on RECAP 5 Exhibit D View on RECAP 6 Exhibit E View on RECAP 7 Exhibit F View on RECAP 8 Exhibit G View on RECAP 9 Wills Declaration View on RECAP 10 Exhibit A View on RECAP 11 Text of Proposed Order View on RECAP	RECAP
50	March 11, 2019	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 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER	RECAP
51	March 22, 2019	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 View on PACER	RECAP
52	March 22, 2019	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)	RECAP
53	April 17, 2019	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 View on PACER	RECAP
54	April 22, 2019	NOTICE of Appearance by Michael F Knapp on behalf of All Defendants (Knapp, Michael) (Entered: 04/22/2019)	RECAP
55	April 23, 2019	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)	RECAP
56	April 26, 2019	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 View on PACER	RECAP
57	May 29, 2019	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 View on PACER	RECAP
58	Aug. 21, 2019	MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 8/19/2019. (heps, Deputy Clerk)	RECAP
59	Aug. 21, 2019	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)	RECAP
60	Sept. 3, 2019	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 View on PACER 2 Exhibit B View on PACER 3 Text of Proposed Order View on PACER	RECAP
61	Sept. 9, 2019	NOTICE to Substitute Attorney Tamra Moore and Michael Knapp (Edney, Marsha) (Entered: 09/09/2019)	RECAP
62	Oct. 3, 2019	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)	RECAP
63	Oct. 3, 2019	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 View on PACER	RECAP
64	Oct. 17, 2019	ANSWER to 63 Amended Complaint, by Betsy Devos, Candice Jackson, U.S. Department of Education.(Edney, Marsha) (Entered: 10/17/2019)	RECAP
65	Nov. 6, 2019	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)	RECAP
66	Nov. 13, 2019	Correspondence re: Request for Modification of Scheduling Order (Edney, Marsha) (Entered: 11/13/2019)	RECAP
67	Nov. 25, 2019	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 View on PACER	RECAP
68	Nov. 27, 2019	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)	RECAP
69	Nov. 27, 2019	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)	RECAP
70	Jan. 2, 2020	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 View on PACER	RECAP
71	Jan. 8, 2020	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)	RECAP
72	Feb. 6, 2020	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)	RECAP
73	Feb. 7, 2020	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)	RECAP

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Case Details

State / Territory:

Maryland

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

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

Federal

Acting Assistant Secretary for Civil Rights

Secretary of Education

U.S. Department of Education

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

District of Maryland 1:18-cv-01568

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $50,000

Issues

General/Misc.:

Education

School/University policies

Disability and Disability Rights:

Disability, unspecified

Special education

Visual impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Race discrimination

Affected Race(s):

Race, unspecified

Policing:

Inadequate citizen complaint investigations and procedures

Recommended Citation

Case Summary of The National Federation of the Blind v. U.S. Department of Education, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/16612/ (last updated 6/2/2020).