Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Council of Parents Attorneys and Advocates (COPAA) v. DeVos

1:18-cv-01636 | U.S. District Court for the District of Columbia

Filed Date: July 12, 2018

Closed Date: May 4, 2021

Clearinghouse coding complete

Case Summary

On July 12, 2018, the Council of Parent Attorneys and Advocates (COPAA) filed this lawsuit in the U.S. District Court for the District of Columbia. COPAA sued the U.S. Department of Education under the Individuals with Disabilities Education Act (IDEA) and the Administrative Procedure Act (APA). Represented by the National Center for Youth Law and private attorneys, COPAA sought declaratory and injunctive relief, as well as attorneys' fees and costs to stop the Dept. of Education from delaying …

On July 12, 2018, the Council of Parent Attorneys and Advocates (COPAA) filed this lawsuit in the U.S. District Court for the District of Columbia. COPAA sued the U.S. Department of Education under the Individuals with Disabilities Education Act (IDEA) and the Administrative Procedure Act (APA). Represented by the National Center for Youth Law and private attorneys, COPAA sought declaratory and injunctive relief, as well as attorneys' fees and costs to stop the Dept. of Education from delaying regulations intended to identify and eliminate bias against students with disabilities and students of color. The case was assigned to District Judge Tanya S. Chutkan.

In 2016, the Dept. of Education established Final Regulations that were aimed to help states fully comply with Section 618(b) of IDEA, which required states to implement measures that could address problems related to racial disproportionality. Section 618(b) was meant to capture whether significant disproportionality based on race and ethnicity was occurring in the States and local educational agencies of the States with respect to the identification, placement, and discipline of children with disabilities. Significantly, it also established a standard methodology for states to use to determine whether racial disproportionality was occurring. The Dept. of Education gave States until July 1, 2018 to implement the Final Regulations.

On July 3, 2018, the Dept. of Education issued a notice in the Federal Register delaying by two years the requirement to comply with the 2016 Final Regulations. The plaintiffs alleged that this delay (the "Delay Regulation"), was an abuse of discretion and arbitrarily allowed states to delay their compliance with section 618(d) of the IDEA, in violation of the IDEA itself and also the APA.

The Dept. of Education moved to dismiss the complaint on September 17, 2018. It claimed that the plaintiffs lacked standing for two main reasons. First, in defendants' view, plaintiffs' allegations of harm--that without the delay, more disproportionate school districts would have been identified--was speculative. The defendants also claimed that the plaintiff failed to identify people who actually had suffered or would imminently suffer harm due to the delay.

On October 1, 2018, the plaintiffs filed both a memorandum in opposition to the defendants' motion to dismiss, and their own motion for summary judgment. On November 12, 2018, the defendants also moved for summary judgment.

On March 7, 2019, the court denied defendants' motion to dismiss, granted plaintiffs' motion for summary judgement, and denied defendants' cross-motion for summary judgement.

First, the court held that plaintiffs had established 1) organizational standing, by demonstrating concrete injury resulting from the delay and showing a likelihood that vacating the delay would redress such injury; and 2) associational standing, by identifying two COPAA members with standing, demonstrating that the plaintiff's litigation goals were germane to its overall mission, and showing that this litigation pursued by plaintiff did not require participation by COPAA members.

Second, the court held that the defendants had violated the APA. The court noted that the defendants failed to produce a reasoned explanation for the delay, instead offering inconsistent explanations that did not address the previous regulations' safeguards in an adequate or non-cursory manner. The court also found that the defendants' failure to consider the cost of the delay to states, society, and children alike connoted an arbitrary and capricious attitude to the possible disadvantages of the Delay Regulation.

The court held that vacatur of the Delay Regulation was an appropriate remedy. On May 10, 2019, the defendants filed a notice of appeal. On September 12, 2019, before the appellate court heard any oral arguments, the defendants filed an unopposed motion to dismiss the appeal. One month later, the case returned to the district court. The court granted plaintiff's motion to file an application for attorneys' fees and administratively closed the case granting the parties the opportunity to arrive at a settlement agreement for the attorneys' fees.

From June 11, 2020, to May 4, 2021, the parties filed joint status reports regarding their settlement agreement for attorneys' fees. On May 4, the parties reported to the court stating they had signed the settlement agreement. The court, citing the settlement, vacated the order requiring periodic status updates. There has been no docket activity since May 4, 2021. The case is presumably closed.

Summary Authors

Lisa Koo (1/31/2019)

Alec Richards (10/18/2019)

Calvin Kim (9/14/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7420275/parties/council-of-parent-attorneys-and-advocates-inc-v-devos/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Adams, Crystal (District of Columbia)

Andr, Jean-Claude (California)

Barokh, Benjamin G. (California)

Clark, Jennifer J. (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Harris, Michael (California)

Attorneys(s) for Defendant

Lee, Jason (District of Columbia)

Snell, Kevin Matthew (District of Columbia)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Adams, Crystal (District of Columbia)

Andr, Jean-Claude (California)

Barokh, Benjamin G. (California)

Clark, Jennifer J. (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Harris, Michael (California)

Attorneys(s) for Defendant

Lee, Jason (District of Columbia)

Snell, Kevin Matthew (District of Columbia)

Documents in the Clearinghouse

Document

1:18-cv-01636

Docket

Council of Parent Attorneys and Advocates v. DeVos

Oct. 18, 2019

Oct. 18, 2019

Docket
1

1:18-cv-01636

Complaint

Council of Parent Attorneys and Advocates v. DeVos

Jan. 23, 2019

Jan. 23, 2019

Complaint
31

1:18-cv-01636

Memorandum Opinion

March 7, 2019

March 7, 2019

Order/Opinion
41

1:18-cv-01636

Joint Status Report

Sept. 11, 2020

Sept. 11, 2020

Findings Letter/Report
44

1:18-cv-01636

Joint Status Report

Feb. 26, 2021

Feb. 26, 2021

Findings Letter/Report
46

1:18-cv-01636

Joint Status Report

May 4, 2021

May 4, 2021

Findings Letter/Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7420275/council-of-parent-attorneys-and-advocates-inc-v-devos/

Last updated Sept. 14, 2022, 9:52 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 400 receipt number 0090-5583940) filed by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Elizabeth (Betsy) DeVos, # 3 Summons Johnny W. Collet, # 4 Summons U.S. Department of Education, # 5 Summons Jefferson B. Sessions, III, # 6 Summons Jessie K. Liu)(Clark, Jennifer) (Attachment 1 replaced on 7/12/2018) (zmd). (Entered: 07/12/2018)

1 Civil Cover Sheet

View on PACER

2 Summons Elizabeth (Betsy) DeVos

View on PACER

3 Summons Johnny W. Collet

View on PACER

4 Summons U.S. Department of Education

View on PACER

5 Summons Jefferson B. Sessions, III

View on PACER

6 Summons Jessie K. Liu

View on PACER

July 12, 2018

July 12, 2018

Clearinghouse
2

Corporate Disclosure Statement by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Clark, Jennifer) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER

Case Assigned to Judge Tanya S. Chutkan. (zmd)

July 12, 2018

July 12, 2018

PACER
3

SUMMONS (5) Issued Electronically as to JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ELIZABETH (BETSY) DEVOS served on 7/19/2018 (Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHNNY W. COLLET served on 7/19/2018 (Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 7/19/2018 (Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/19/2018. (Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/19/2018. Answer due for ALL FEDERAL DEFENDANTS by 9/17/2018. (Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jean-Claude Andr, :Firm- Sidley Austin LLP, :Address- 555 West Fifth Street, Suite 4000, Los Angeles, CA 90013. Phone No. - 213-896-6000. Fax No. - 213-896-6600 Filing fee $ 100, receipt number 0090-5596876. Fee Status: Fee Paid. by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin G. Barokh, :Firm- Sidley Austin LLP, :Address- 555 W. Fifth Street, Suite 4000, Los Angeles, CA 90013. Phone No. - 213-896-6000. Fax No. - 213-896-6600 Filing fee $ 100, receipt number 0090-5596925. Fee Status: Fee Paid. by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Harris, :Firm- National Center for Youth Law, :Address- 405 14th St., 15th Floor, Oakland, CA 94612. Phone No. - 510-835-8098. Fax No. - 510-835-8099 Filing fee $ 100, receipt number 0090-5596936. Fee Status: Fee Paid. by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Crystal M. Adams, :Firm- National Center for Youth Law, :Address- 1313 L St. NW, Suite #130, Washington, DC 20005. Phone No. - 202-868-4785. Fax No. - 202-868-4788 Filing fee $ 100, receipt number 0090-5596952. Fee Status: Fee Paid. by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Clark, Jennifer) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER

MINUTE ORDER: Granting 9 10 11 Motions for Leave to Appear Pro Hac Vice. JEAN-CLAUDE ANDR, BENJAMIN G. BAROKH, and MICHAEL HARRIS are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 7/25/18. (DJS)

July 25, 2018

July 25, 2018

PACER

MINUTE ORDER: Granting in part and denying in part 12 Motion for Admission Pro Hac Vice. Attorney CRYSTAL M. ADAMS may be heard in open court on behalf of Plaintiff, but may not file papers in this court. See Local Civil Rule 83.2(c)(2) ("An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar AND the Bar of this Court to file papers in this Court."). Signed by Judge Tanya S. Chutkan on 7/25/18. (DJS)

July 25, 2018

July 25, 2018

PACER
13

NOTICE OF WITHDRAWAL OF APPEARANCE as to COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. Attorney Benjamin G. Barokh terminated. (Barokh, Benjamin) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
14

MOTION to Dismiss by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lee, Jason) (Entered: 09/17/2018)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

Sept. 17, 2018

Sept. 17, 2018

PACER
15

Memorandum in opposition to re 14 MOTION to Dismiss filed by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Exhibit)(Clark, Jennifer) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
16

Cross MOTION for Summary Judgment by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Exhibit, # 9 Text of Proposed Order)(Clark, Jennifer) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
17

MOTION to Stay Defendants' Response to Plaintiff's Cross-Motion for Summary Judgment by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lee, Jason) (Entered: 10/03/2018)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 3, 2018

Oct. 3, 2018

PACER
18

ERRATA by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. 15 Memorandum in Opposition, filed by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC., 16 Cross MOTION for Summary Judgment filed by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Clark, Jennifer) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
19

REPLY to opposition to motion re 14 MOTION to Dismiss filed by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION. (Lee, Jason) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

RECAP
20

Memorandum in opposition to re 17 MOTION to Stay Defendants' Response to Plaintiff's Cross-Motion for Summary Judgment filed by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Attachments: # 1 Declaration of Jean-Claude Andre, # 2 Text of Proposed Order)(Clark, Jennifer) (Entered: 10/11/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
21

REPLY to opposition to motion re 17 MOTION to Stay Defendants' Response to Plaintiff's Cross-Motion for Summary Judgment filed by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION. (Lee, Jason) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER

MINUTE ORDER: Granting in part and denying in part 17 Defendants' Motion to Stay. Defendants shall file their response to Plaintiffs' Motion for Summary Judgement by November 12, 2018. Signed by Judge Tanya S. Chutkan on 10/12/18. (lctsc3)

Oct. 12, 2018

Oct. 12, 2018

PACER

Set/Reset Deadlines: Response due by 11/12/2018. (tb)

Oct. 15, 2018

Oct. 15, 2018

PACER
22

MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit Certification of the Administrative Record, # 3 Text of Proposed Order)(Lee, Jason) (Entered: 11/12/2018)

1

View on RECAP

2

View on RECAP

Nov. 12, 2018

Nov. 12, 2018

PACER
23

Memorandum in opposition to re 16 Cross MOTION for Summary Judgment and Motion for Summary Judgment filed by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Certification of the Administrative Record, # 3 Text of Proposed Order)(Lee, Jason) (Entered: 11/12/2018)

2

View on RECAP

Nov. 12, 2018

Nov. 12, 2018

PACER
24

Consent MOTION to Modify Briefing Schedule as to 22 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment, 16 Cross MOTION for Summary Judgment by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Text of Proposed Order)(Clark, Jennifer) Modified event title on 11/20/2018 (znmw). (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER

MINUTE ORDER: The 24 Consent Motion for Extension of Time to File Response/Reply is GRANTED. COPAA's Combined Reply and Opposition is due on November 30, 2018. The Government's Reply is due on December 14, 2018. Signed by Judge Tanya S. Chutkan on 11/15/2018.(lctsc3)

Nov. 15, 2018

Nov. 15, 2018

PACER

Set/Reset Deadlines: Response to Cross Motion due by 11/30/2018. Reply to Cross Motion due by 12/14/2018. Reply to Motion for Summary Judgment due by 11/30/2018. (tb)

Nov. 20, 2018

Nov. 20, 2018

PACER
25

Memorandum in opposition to re 22 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Attachments: # 1 Declaration of Crystal Adams)(Clark, Jennifer) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
26

REPLY to opposition to motion re, 16 Cross MOTION for Summary Judgment filed by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC.. (Attachments: # 1 Declaration of Crystal Adams)(Clark, Jennifer) Modified text and linkage on 12/3/2018 (ztd). (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
27

REPLY to opposition to motion re 22 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lee, Jason) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
28

NOTICE of filing of Administrative Record Joint Appendix by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. re 22 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment, 16 Cross MOTION for Summary Judgment, 14 MOTION to Dismiss (Attachments: # 1 Appendix of the Administrative Record)(Clark, Jennifer) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
29

NOTICE OF SUPPLEMENTAL AUTHORITY by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Clark, Jennifer) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
30

NOTICE of Appearance by Seth Michael Galanter on behalf of COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Galanter, Seth) (Main Document 30 replaced on 1/25/2019) (zjf). (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
31

MEMORANDUM OPINION: Regarding Defendants' Motion to Dismiss 14, Plaintiff's Motion for Summary Judgment 16, and Defendants' Motion for Summary Judgment 22 . Signed by Judge Tanya S. Chutkan on 3/7/2019. (lctsc3) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

Clearinghouse
32

ORDER denying Defendants' Motion to Dismiss 14, granting Plaintiff's Motion for Summary Judgment 16, and denying Defendants' Motion for Summary Judgment 22 . Signed by Judge Tanya S. Chutkan on 3/7/2019. (lctsc3) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

RECAP
33

NOTICE OF SUBSTITUTION OF COUNSEL by Kevin Matthew Snell on behalf of JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION Substituting for attorney Jason Lee (Snell, Kevin) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
34

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 31 Memorandum & Opinion, 32 Order on Motion to Dismiss, Order on Motion for Summary Judgment, by U.S. DEPARTMENT OF EDUCATION, JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS. Fee Status: No Fee Paid. Parties have been notified. (Snell, Kevin) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
35

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 34 Notice of Appeal to DC Circuit Court,. (ztd) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER

USCA Case Number 19-5137 for 34 Notice of Appeal to DC Circuit Court, filed by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION. (zrdj)

May 10, 2019

May 10, 2019

PACER

USCA Case Number

May 13, 2019

May 13, 2019

PACER
36

MANDATE of USCA as to 34 Notice of Appeal to DC Circuit Court, filed by JOHNNY W. COLLET, ELIZABETH (BETSY) DEVOS, U.S. DEPARTMENT OF EDUCATION ; USCA Case Number 19-5137. (Attachments: # 1 USCA Order)(zrdj) (Entered: 09/24/2019)

1 USCA Order

View on PACER

Sept. 18, 2019

Sept. 18, 2019

PACER
37

Unopposed MOTION to Permit Skeletal Filing of Motion for Attorneys' Fees Pursuant to the Equal Access to Justice Act with Supplement Permitted at Later Date If No Settlement Reached, Unopposed MOTION to Stay Briefing by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Text of Proposed Order)(Clark, Jennifer) Modified event on 10/16/2019 (znmw). (Entered: 10/15/2019)

1 Text of Proposed Order

View on PACER

Oct. 15, 2019

Oct. 15, 2019

PACER

Order on Motion to Permit

Oct. 16, 2019

Oct. 16, 2019

PACER

NOTICE OF ERROR re 37 Motion for Miscellaneous Relief; emailed to jennifer.clark@sidley.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Do Not Refile. FYI, Please remember to use the /s/ and a typed or signed name of the filer on the signature line. (ztd, )

Oct. 16, 2019

Oct. 16, 2019

PACER

MINUTE ORDER: Granting 37 Plaintiff's motion to file a skeletal application for attorneys' fees and costs pursuant before October 18, 2019, with leave to alter, supplement, and/or amend the application should a settlement not be reached on the fees-and-costs issue. Briefing on Plaintiff's fee application, including Plaintiff's opportunity to alter, supplement, and/or amend, is stayed pending further order of the court. This case is ADMINISTRATIVELY CLOSED until further order of the court. In the event that the parties reach a settlement agreement for attorneys' fees and costs, Plaintiff shall withdraw its fee application. In the event the parties are unable to reach a settlement agreement, they shall file a joint motion to return this case to the active docket. I proposed order shall accompanying any such motion. Signed by Judge Tanya S. Chutkan on 10/16/19. (DJS)

Oct. 16, 2019

Oct. 16, 2019

PACER

Order on Motion to Stay

Oct. 16, 2019

Oct. 16, 2019

PACER

Notice of QC

Oct. 16, 2019

Oct. 16, 2019

PACER
38

MOTION for Attorney Fees and Costs Pursuant to the Equal Access to Justice Act by COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. (Attachments: # 1 Declaration of Selene Almazan)(Clark, Jennifer) (Entered: 10/18/2019)

1 Declaration of Selene Almazan

View on RECAP

Oct. 18, 2019

Oct. 18, 2019

RECAP

MINUTE ORDER: By July 13, 2020 the parties shall file a joint status report addressing the status of the parties' negotiation about Plaintiff's pending fee application. Signed by Judge Tanya S. Chutkan on 6/11/2020. (lcsd) Modified on 6/11/2020 (tb).

June 11, 2020

June 11, 2020

PACER

Set/Reset Deadlines: Joint Status Report due by 7/13/2020. (tb)

June 11, 2020

June 11, 2020

PACER

Set/Reset Deadlines

June 11, 2020

June 11, 2020

PACER

.Order

June 11, 2020

June 11, 2020

PACER
39

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Snell, Kevin) (Entered: 07/11/2020)

July 11, 2020

July 11, 2020

RECAP

MINUTE ORDER: Having considered the parties' joint status report 39, it is hereby ordered that the parties shall file another joint report by August 12, 2020, and every 30 days thereafter. To the extent the report contains a proposal to change the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/16/2020. (DJS)

July 16, 2020

July 16, 2020

PACER

.Order

July 16, 2020

July 16, 2020

PACER

Set/Reset Deadlines: Joint Status Report due by 8/12/2020. (tb)

July 17, 2020

July 17, 2020

PACER

Set/Reset Deadlines

July 17, 2020

July 17, 2020

PACER
40

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Snell, Kevin) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
41

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Snell, Kevin) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

Clearinghouse
42

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Snell, Kevin) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
43

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Snell, Kevin) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER

MINUTE ORDER: Denying without prejudice 38 Motion for Attorney Fees. If the parties are unable to resolve the fee dispute, over which they have been negotiating for more than one year, the Plaintiff may file a motion to reopen the fee motion. By 2/26/21, and every 60 days thereafter, the parties shall file a joint status report. To the extent the report contains a proposed change to the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/30/2020. (DJS)

Nov. 30, 2020

Nov. 30, 2020

PACER

Set/Reset Deadlines: Joint Status Report due by 2/26/2021. (tb)

Dec. 1, 2020

Dec. 1, 2020

PACER

Order on Motion for Attorney Fees

Dec. 1, 2020

Dec. 1, 2020

PACER

Set/Reset Deadlines

Dec. 1, 2020

Dec. 1, 2020

PACER
44

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Snell, Kevin) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

Clearinghouse
45

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Snell, Kevin) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
46

Joint STATUS REPORT by JOHNNY W. COLLET, ELISABETH DEVOS, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Snell, Kevin) (Entered: 05/04/2021)

1 Text of Proposed Order

View on PACER

May 4, 2021

May 4, 2021

Clearinghouse

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 46, the Court hereby VACATES the requirement that the parties file periodic joint status reports. Signed by Judge Tanya S. Chutkan on 5/4/21. (DJS)

May 4, 2021

May 4, 2021

PACER

.Order

May 4, 2021

May 4, 2021

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Disability Rights

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2018

Closing Date: May 4, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

COPAA is a national non-profit organization of more than 2,100 parents of children with disabilities, their attorneys, and their advocates.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Education (Washington, DC, District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Classification / placement

Communication skills

Disparate Impact

Education

Pattern or Practice

Racial segregation

School/University Facilities

School/University policies

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Race discrimination

Race:

American Indian/Alaskan Native

Asian/Pacific Islander

Black

Disability:

Mental impairment

Mental Disability:

Autism

Intellectual/developmental disability, unspecified

Learning disability

Type of Facility:

Government-run