Case: R. v. Connecticut State Board of Education

3:16-cv-01197 | U.S. District Court for the District of Connecticut

Filed Date: July 15, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action suit is about the legality of Connecticut’s age limitations in special education. On July 15, 2016, a 21-year-old individual with a disability filed this class action lawsuit in the U.S. District Court for the District of Connecticut. The plaintiff sued the Connecticut State Board of Education (the Board) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1412(a). Represented by Disability Rights Connecticut, the plaintiff sought declaratory and injun…

This class action suit is about the legality of Connecticut’s age limitations in special education. On July 15, 2016, a 21-year-old individual with a disability filed this class action lawsuit in the U.S. District Court for the District of Connecticut. The plaintiff sued the Connecticut State Board of Education (the Board) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1412(a). Represented by Disability Rights Connecticut, the plaintiff sought declaratory and injunctive relief as well as compensatory damages and attorney’s fees.

The plaintiff alleged that Connecticut’s laws violated his right to free and appropriate public education (FAPE) guaranteed under the IDEA. States that receive funding for public special education under the IDEA are required to offer FAPE to individuals with disabilities until they turn 22 years of age unless the state maintains a maximum age limitation across all public education. Connecticut’s laws (Conn. Gen. Stat § 10-76d(b) and Conn. Agencies Reg. § 10-76d-1(a)(4)) limit special education in public schools to children under the age of 21 or to those who have not received a high school diploma, whichever occurs first; however, the state does not establish an age limitation for general education.

The case was assigned to Judge Charles S. Haight. After numerous extensions, the Board responded to the plaintiff's compliant in February 2017, and on September 1, 2017, the plaintiff filed a motion to certify a class. On September 14, 2017, the plaintiff filed a motion for summary judgement, and on November 8, 2017, the Board cross-moved for summary judgement.

On July 20, 2018, the court denied the pending motions in order to first address the plaintiff’s standing (the individual had graduated prior to filing the suit). To address the jurisdictional issue, on April 5, 2019, counsel for the proposed plaintiff class filed an amended complaint and a renewed motion to certify a class with a new plaintiff, a 19-year-old individual who received FAPE under IDEA and had not graduated from high school.

On May 1, 2020, the court certified a class for injunctive and declaratory relief under Rule 23(b)(2) and for compensatory education under Rule 23(b)(3) defined as “all individuals who were over 21 and under 22 within two years before the filing of this action or will turn 21 during the pendency of this action who are provided or were provided a FAPE under the IDEA by any [Local Education Agency (LEA)] in the State of Connecticut and who, but for turning 21, would otherwise qualify or would have qualified for a FAPE until age 22 because they have not or had not yet earned a regular high school diploma.” 2020 WL 2092650.

On June 10, 2019, the court granted the individual’s motion for summary judgement and denied the Board’s cross motion, stating that the Board’s systemic denial of FAPE to individuals with disabilities between 21 and 22 years of age constituted a gross violation of the IDEA. 2020 WL 3086032.

On July 9, 2020, the Board requested a stay, and on July 10, 2020, the court denied the stay and enjoined the termination of FAPE to members of the class prior to them turning 22 years of age.

The Board appealed on July 10, 2020. On July 24, 2020, the plaintiffs filed a motion for attorney's fees and on July 31, 2020, the Board filed a motion to stay the fees motion. On August 4, 2020, the court granted a stay pending the appeal.

The appeal was assigned USCA Case Number 20-2255 and is ongoing.

Summary Authors

Zofia Peach (10/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6127118/parties/r-v-connecticut-state-board-of-education/


Judge(s)

Garfinkel, William I. (Connecticut)

Haight, Charles Sherman Jr. (New York)

Attorneys(s) for Plaintiff

Alisberg, Nancy B. (Connecticut)

Considine, Kasey (Connecticut)

Cushman, Catherine E. (Connecticut)

Deyoe, Sonja L (Rhode Island)

Kim, Jason H (California)

Attorneys(s) for Defendant

Cunningham, Darren P (Connecticut)

Urban, Ralph E. (Connecticut)

Judge(s)

Garfinkel, William I. (Connecticut)

Haight, Charles Sherman Jr. (New York)

Attorneys(s) for Plaintiff

Alisberg, Nancy B. (Connecticut)

Considine, Kasey (Connecticut)

Cushman, Catherine E. (Connecticut)

Deyoe, Sonja L (Rhode Island)

Kim, Jason H (California)

Attorneys(s) for Defendant

Cunningham, Darren P (Connecticut)

Urban, Ralph E. (Connecticut)

Documents in the Clearinghouse

Document

3:16-cv-01197

Docket [PACER]

Sept. 11, 2020

Sept. 11, 2020

Docket
1

3:16-cv-01197

Class Action Complaint for Declaratory and Injunctive Relief

D.J. v. Connecticut State Board of Education

July 15, 2016

July 15, 2016

Complaint
64

3:16-cv-01197

Amended Class Action Complaint for Declaratory and Injunctive

A.R. v. Connecticut State Board of Education

April 5, 2019

April 5, 2019

Complaint
70

3:16-cv-01197

Ruling on Plaintiff's Motion to Certify Class

A.R. v. Connecticut State Board of Education

2020 WL 2092650

May 1, 2020

May 1, 2020

Order/Opinion
71

3:16-cv-01197

Ruling on the Parties' Cross Motions for Summary Judgment

A.R. v. Connecticut State Board of Education

2020 WL 3086032

June 10, 2020

June 10, 2020

Order/Opinion
81

3:16-cv-01197

Permanent Injunction Judgment and Order

A.R. v. Connecticut State Board of Education

July 10, 2020

July 10, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6127118/r-v-connecticut-state-board-of-education/

Last updated Aug. 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT D.J., through his parent O.W. on behalf of a class of those similarly situated against Connecticut State Board of Education ( Filing fee $400 receipt number 0205-4069976.), filed by O. W.. (Attachments: # 1 Civil Cover Sheet)(Alisberg, Nancy) (Entered: 07/15/2016)

1 Civil Cover Sheet

View on PACER

July 15, 2016

July 15, 2016

RECAP

Judge Charles S. Haight, Jr added. (Oliver, T.)

July 15, 2016

July 15, 2016

PACER
2

Order on Pretrial Deadlines: Discovery due by 1/14/2017 Signed by Clerk on 7/15/2016.(Nuzzi, T) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
3

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 7/15/2016.(Nuzzi, T) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
4

NOTICE TO COUNSEL/PRO SE PARTIES : Counsel or pro se parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 3 Electronic Filing Order, 2 Order on Pretrial Deadlines, 1 Complaint, Signed by Clerk on 7/15/2016.(Nuzzi, T) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
5

NOTICE of Appearance by Sonja Deyoe on behalf of D. J. (Deyoe, Sonja) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER

Request for Clerk to issue summons as to D. J.. (Deyoe, Sonja)

July 18, 2016

July 18, 2016

PACER
6

MOTION for Attorney(s) Jason H. Kim to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4072659) by D. J.. (Attachments: # 1 Affidavit Declaration in Support of Motion to Admit)(Alisberg, Nancy) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
7

ORDER granting 6 Motion for Jason S. Kim to Appear Pro Hac Vice Certificate of Good Standing due by 9/17/2016. Signed by Clerk on 7/19/2016. (LaMura, K.) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
8

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Connecticut State Board of Education* with answer to complaint due within *21* days. Attorney *Law Office of Sonja L. Deyoe* *395 Smith Street* *Providence RI 02908*. (LaMura, K.) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
9

CERTIFICATE OF GOOD STANDING re 6 MOTION for Attorney(s) Jason H. Kim to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4072659) by D. J.. (Kim, Jason) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

PACER
10

SUMMONS Returned Executed by D. J.. Connecticut State Board of Education served on 8/29/2016, answer due 9/19/2016. (Deyoe, Sonja) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
11

NOTICE of Appearance by Darren P. Cunningham on behalf of Connecticut State Board of Education (Cunningham, Darren) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
12

MOTION for Extension of Time until November 18, 2016 Respond to the Complaint 1 Complaint, by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
13

ELECTRONIC ORDER granting Defendant's unopposed 12 Motion for Extension of Time to Respond to the Complaint for good cause shown. Accordingly, Defendant must respond to Plaintiffs' Complaint on or before November 18, 2016. Signed by Judge Charles S. Haight, Jr. on September 16, 2016. (Kahl, A) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
14

NOTICE of Appearance by Ralph E. Urban on behalf of Connecticut State Board of Education in addition to the appearance of Darren P. Cunningham, Assistant Attorney General (Urban, Ralph) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER

Answer deadline updated for Connecticut State Board of Education to 11/18/2016. (Gould, K.)

Sept. 16, 2016

Sept. 16, 2016

PACER
15

MOTION for Extension of Time until October 28to File Rule 26(f) Report by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

RECAP
16

ELECTRONIC ORDER granting nunc pro tunc Defendant's unopposed 15 Motion for Extension of Time for good cause shown. Accordingly, the parties must file a Rule 26(f) Report on or before October 28, 2016. Signed by Judge Charles S. Haight, Jr. on October 26, 2016. (Kahl, A) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER

Set Deadline: Rule 26 Meeting Report due by 10/28/2016 (LaMura, K.)

Oct. 27, 2016

Oct. 27, 2016

PACER
17

REPORT of Rule 26(f) Planning Meeting. (Deyoe, Sonja) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
18

ELECTRONIC SCHEDULING ORDER: The Court has reviewed [Doc. 17] the Rule 26(f) Report of Parties' Planning Meeting, which is hereby APPROVED AS MODIFIED. Defendant has requested that the Court not issue a scheduling order and stay all discovery pending resolution of a motion to dismiss Defendant intends to file. The Court declines to do so at this point without such a motion pending. The parties may later file a motion requesting a stay of discovery and the deadlines in this Scheduling Order. The following deadlines, adopted from the parties' Rule 26(f) Report with a few modifications, are set for this action. Plaintiff must file to join any additional parties on or before December 30, 2016 and amend the pleadings on or before December 30, 2016 or twenty-one (21) days after this Court rules on any motion to dismiss filed. Defendant must file to join any additional parties on or before January 31, 2017 and must respond to Plaintiff's complaint on or before November 14, 2016. All discovery, including depositions of expert witnesses and fact witnesses, will be completed on or before June 30, 2017. Any dispositive motions will be filed on or before July 31, 2017. The joint trial memorandum will be filed on or before August 31, 2017 or within thirty (30) days after the Court issues its last ruling on a dispositive motion, whichever is later. The case will be trial ready on or before October 2, 2017 or within thirty (30) days after the filing of the joint trial memorandum, whichever is later. Signed by Judge Charles S. Haight, Jr. on November 2, 2016. (Kahl, A) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER

Set Deadlines: Discovery due by 6/30/2017 Dispositive Motions due by 7/31/2017 Trial Brief due by 8/31/2017 Trial Ready Date 10/2/2017 (LaMura, K.)

Nov. 3, 2016

Nov. 3, 2016

PACER
19

Second MOTION for Extension of Time until January 13, 2017 To Respond to the Complaint 13 Order on Motion for Extension of Time, Update Answer Deadline, 1 Complaint, by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
20

ELECTRONIC ORDER granting Defendant's unopposed 19 Second Motion for Extension of Time for good cause shown. Accordingly, Defendant must respond to Plaintiffs' complaint on or before January 13, 2017. Signed by Judge Charles S. Haight, Jr. on November 15, 2016. (Kahl, A) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER

Answer deadline updated for Connecticut State Board of Education to 1/13/2017. (LaMura, K.)

Nov. 16, 2016

Nov. 16, 2016

PACER
21

Third MOTION for Extension of Time until February 14, 2017 to Respond to Complaint Update Answer Deadline, 1 Complaint, 20 Order on Motion for Extension of Time, by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
22

ELECTRONIC ORDER granting Defendant's 21 Third Motion for Extension of Time for good cause shown. Accordingly, Defendant must respond to Plaintiffs' Complaint on or before February 14, 2017. Plaintiffs do not consent. This extension is peremptory. No further applications for extensions will be entertained. Defendant is receiving this final extension in order to continue settlement negotiations among a number of state entities. Signed by Judge Charles S. Haight, Jr. on January 10, 2017. (Kahl, A) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER

Answer deadline updated for Connecticut State Board of Education to 2/14/2017. (LaMura, K.)

Jan. 11, 2017

Jan. 11, 2017

PACER
23

ANSWER to 1 Complaint, with Affirmative Defenses by Connecticut State Board of Education.(Cunningham, Darren) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
24

MOTION for Extension of Time until August 14, 2017 for the Discovery Deadline; and to September 14, 2017 for the Dispositive Motion Deadline by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
25

ELECTRONIC ORDER granting Defendant's unopposed 24 Motion for Extension of Time for good cause shown. Accordingly, the ELECTRONIC SCHEDULING ORDER is amended as follows. All discovery, including depositions of expert witnesses and fact witnesses, will be complete on or before August 14, 2017. Any dispositive motions will be filed on or before September 14, 2017. The joint trial memorandum will be filed on or before October 16, 2017 or within thirty (30) days after the Court issues its last ruling on a dispositive motion, whichever is later. The case will be trial ready on or before November 16, 2017 or within thirty (30) days after the filing of the joint trial memorandum, whichever is later. Signed by Judge Charles S. Haight, Jr. on June 8, 2017. (Kahl, A) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER

Set Deadlines/Hearings: Discovery due by 8/14/2017 Dispositive Motions due by 9/14/2017 Trial Brief due by 10/16/2017 Trial Ready Date 11/16/2017 (Villano, P.)

June 8, 2017

June 8, 2017

PACER
26

Joint MOTION for Extension of Time Pertaining to Summary Judgment Motions 25 Order on Motion for Extension of Time,,, by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
27

ELECTRONIC ORDER granting, for good cause shown, Parties' 26 Joint Motion to Amend Scheduling Order. Accordingly, the scheduling order is amended as follows: Plaintiffs must file any dispositive motion on or before Thursday, September 14, 2017. Defendant must file any opposition to Plaintiff's motion, and any dispositive motion of its own, on or before November 8, 2017. Plaintiffs must file any opposition and reply memorandum to Defendant's dispositve motion on or before November 22, 2017. Defendants must file any sur-reply on or before December 13, 2017. Signed by Judge Charles S. Haight, Jr. on August 24, 2017. (Pskowski, R.) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER

Set Deadlines: Dispositive Motions due by 12/13/2017 (Freberg, B)

Aug. 24, 2017

Aug. 24, 2017

PACER
28

MOTION to Certify Class Pursuant to FRCP 23(b)(2) by D. J..Responses due by 9/22/2017 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Jason H. Kim, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Kim, Jason) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
29

MOTION for Summary Judgment by D. J..Responses due by 10/5/2017 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Affidavit Jason H. Kim, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Affidavit O.W.)(Kim, Jason) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
30

First MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Certify Class Pursuant to FRCP 23(b)(2) until October 2, 2017 by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
32

Reset Deadlines as to 29 MOTION for Summary Judgment . Responses due by 11/8/2017 (Freberg, B) (Entered: 09/18/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
31

ELECTRONIC ORDER granting, absent objection and for good cause shown, Defendant's 30 Motion for Extension of Time to Respond to Plaintiff's Motion for Class Certification. Accordingly, Defendant must file its response to Plaintiff's 28 Motion for Class Certification Pursuant to F.R.C.P. 23(b)(2) on or before October 2, 2017, and Plaintiff may, if so advised, file a reply to Defendant's response on or before October 16, 2017. Signed by Judge Charles S. Haight, Jr. on 9/18/2017. (Kaczmarek, S.) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
33

OBJECTION re 28 MOTION to Certify Class Pursuant to FRCP 23(b)(2) filed by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
34

First MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Certify Class Pursuant to FRCP 23(b)(2) until 10/20/2017 by D. J.. (Kim, Jason) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
35

ELECTRONIC ORDER granting, absent objection and for good cause shown, Plaintiff's 34 Motion for Extension of Time to File Reply Memorandum in Support of his Motion for Class Certification. Accordingly, Plaintiff may, if so advised, file a reply to Defendant's response to Plaintiff's 28 Motion for Class Certification Pursuant to F.R.C.P. 23(b)(2) on or before 10/20/2017. Signed by Judge Charles S. Haight, Jr. on 10/11/2017. (Kaczmarek, S.) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
36

Set Reply Deadline as to 28 MOTION to Certify Class Pursuant to FRCP 23(b)(2). Replies due by 10/20/2017 (Freberg, B) (Entered: 10/13/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
37

REPLY to Response to 28 MOTION to Certify Class Pursuant to FRCP 23(b)(2) filed by D. J.. (Attachments: # 1 Affidavit Jason H. Kim (Second), # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit OW (Redacted))(Kim, Jason) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
38

MOTION for Summary Judgment by Connecticut State Board of Education.Responses due by 11/29/2017 (Attachments: # 1 Memorandum in Support and in Opposition to Plaintiffs' Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Statement of Material Facts in Opposition to Summary Judgment)(Cunningham, Darren) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
39

Memorandum in Opposition and Reply re 29 MOTION for Summary Judgment, 38 MOTION for Summary Judgment filed by D. J.. (Kim, Jason) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
40

Memorandum in Opposition and Reply re 29 MOTION for Summary Judgment, 38 MOTION for Summary Judgment filed by Connecticut State Board of Education. (Attachments: # 1 Exhibit 1)(Cunningham, Darren) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
41

MEMORANDUM AND ORDER REGARDING STANDING (see attached). An evidentiary hearing consistent with the attached Memorandum and Order will take place on April 23, 2018 at 10:30 a.m. A separate calendar will issue. Signed by Judge Charles S. Haight, Jr. on 3/23/2018. (Kaczmarek, S.) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

RECAP
42

NOTICE OF HEARING. Consistent with the Court's 41 Memorandum and Order Regarding Standing, an evidentiary hearing will be held on April 23, 2018, at 10:30 a.m., in the Courtroom on the 17th Floor of the Connecticut Financial Center, 157 Church Street, New Haven, Connecticut, before Judge Charles S. Haight, Jr. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. (Kaczmarek, S.) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
43

Joint MOTION to Continue by D. J.. (Alisberg, Nancy) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
44

ELECTRONIC ORDER granting the parties' 43 Joint Motion for a Continuance and Plaintiff's Motion for Pre-Hearing Discovery. The Evidentiary Hearing scheduled for April 23, 2018, will be continued to a date to be determined. In answer to the parties' request for a telephonic conference, the parties shall jointly dial chambers on Thursday, April 19, 2018, at 2:00 p.m. A separate calendar will issue. Plaintiff's request for leave to conduct a deposition of an official from the Hartford Public Schools is hereby granted. Signed by Judge Charles S. Haight, Jr. on 4/9/2018. (Kaczmarek, S.) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
45

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. A Telephonic Scheduling Conference is set for April 19, 2018, at 2:00 PM before Judge Charles S. Haight Jr. Counsel shall initiate the conference by phoning Chambers, with all attending counsel on the line, at (203) 773-2052. (Kaczmarek, S.) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
46

Minute Entry for proceedings held before Judge Charles S. Haight, Jr.: Telephonic Status Conference held on 4/19/2018. Total Time: 35 minutes. (Kaczmarek, S.) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
47

MEMORANDUM and ORDER (see attached). Consistent with the discussions held during the April 19, 2018, telephonic conference, the case will be called for an evidentiary hearing on the issue of Plaintiff's standing on Tuesday, June 5, 2018, at 10:00 a.m. A separate calendar will issue. The parties are directed to file letters to the Court by 12:00 p.m. on June 1, 2018, consistent with the attached Order. Signed by Judge Charles S. Haight, Jr. on 4/19/2018. (Kaczmarek, S.) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
48

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. A Telephonic Status Conference is set for May 29, 2018 at 2:00 PM before Judge Charles S. Haight Jr. Counsel shall initiate the conference by phoning Chambers, with all attending counsel on the line, at (203) 773-2052. (Kaczmarek, S.) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
49

NOTICE OF HEARING. RESET FROM April 23, 2018, at 10:30 a.m. Consistent with the Court's 41 Memorandum and Order Regarding Standing, and with the discussions held during the April 19, 2018, telephonic conference, see Doc. 47, an evidentiary hearing and oral argument will be held on June 5, 2018, at 10:00 AM in the Courtroom on the 17th Floor of the Connecticut Financial Center, 157 Church Street, New Haven, Connecticut, before Judge Charles S. Haight, Jr. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. (Kaczmarek, S.) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
50

Minute Entry for proceedings held before Judge Charles S. Haight, Jr.: Telephonic Status Conference held on 5/29/2018. Total Time: 25 minutes. (Kaczmarek, S.) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
51

ELECTRONIC MEMORANDUM and ORDER. On May 29, 2018, this Court conducted a telephonic status conference with counsel for both parties. During the conference, counsel for the plaintiff indicated that, in an effort to resolve the standing issue raised by this Court sua sponte, they intend to seek to substitute the current plaintiff with a different individual, and will also seek to file an amended complaint. The Court expresses no view on that position, except to note that if the present plaintiff lacks Article III standing, "a plaintiff cannot remedy that constitutional defect via Rule 17 substitution." Kinra v. Chicago Bridge & Iron Co., No. 17-CV-4251(LGS), 2018 WL 2371030, at *4 (S.D.N.Y. May 24, 2018) (citing and quoting Cortlandt St. Recovery Corp. v. Hellas Telecommunications, S.A.R.L., 790 F.3d 411, 423 (2d Cir. 2015)). In any event, the need for the evidentiary hearing, currently scheduled for June 5, 2018, has been obviated. Accordingly, the Court hereby cancels the June 5, 2018, evidentiary hearing. Consistent with the discussions held during the May 29, 2018, telephonic conference, on or before June 15, 2018, the parties are directed to file letters to the Court, briefly summarizing the status of the case. The parties' letters should indicate their respective positions on the proposal discussed by counsel for plaintiff during the May 29, 2018, conference. Signed by Judge Charles S. Haight, Jr. on 5/29/2018. (Kaczmarek, S.) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER

Set Deadlines/Hearings: Status Report due by 6/15/2018. (Kaczmarek, S.)

May 29, 2018

May 29, 2018

PACER
52

Joint STATUS REPORT by D. J.. (Kim, Jason) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
53

NOTICE of Appearance by Catherine E. Cushman on behalf of D. J. (Cushman, Catherine) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
54

First MOTION for Nancy B. Alisberg to Withdraw as Attorney by D. J.. (Alisberg, Nancy) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
55

ELECRONIC ORDER granting Attorney Nancy B. Alisberg's 54 Motion to Withdraw as Attorney. Plaintiff continues to be represented by Attorneys Jason H. Kim, Catherine E. Cushman, and Sonja Deyoe. Thus, in accordance with Local Rule 7(e), Attorney Nancy B. Alisberg's appearance is terminated. Signed by Judge Charles S. Haight, Jr. on 6/27/2018. (Kaczmarek, S.) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
56

ELECTRONIC ORDER. On March 23, 2018, this Court entered a Memorandum and Order that raised the question of Plaintiff D.J.'s standing to bring this case. Doc. 41 . The Court noted that if Plaintiff lacks Article III standing, the Court has no jurisdiction to hear his claims. Finding that resolution of the issue required the development of a more complete factual record, and further submissions of counsel, the Court scheduled an evidentiary hearing for April 23, 2018. Doc. 42. The parties' motion to continue that hearing and for leave to conduct certain pre-hearing discovery was thereafter granted. Doc. 44. During a telephonic status conference on May 29, 2018, counsel for Plaintiff stated that he would seek to substitute a new plaintiff to address the Court's concerns about Plaintiff D.J.'s standing. In light of this representation, the parties agreed that the need for the scheduled evidentiary hearing was obviated. Doc. 51. In a subsequent joint status report, dated June 15, 2018, counsel for Plaintiff stated that he intends to file a motion for leave to file an amended complaint, with a "new proposed plaintiff, A.R.," noting that counsel for Defendant has voiced opposition to this plan. Doc. 52 . To date, no such motion has been filed. Under the foregoing circumstances, Plaintiff's 28 Motion for Class Certification Pursuant to FRCP 23(b)(2); Plaintiff's 29 Motion for Summary Judgment Pursuant to FRCP 56; and Defendant's 38 Motion for Summary Judgment are hereby DENIED AS MOOT, without prejudice to refiling, if the question of standing is ultimately resolved in Plaintiff's favor. Signed by Judge Charles S. Haight, Jr. on 7/20/2018. (Kaczmarek, S.) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
57

MOTION to Amend/Correct 1 Complaint, by D. J..Responses due by 9/7/2018 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Jason H. Kim, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Affidavit Scott Wells)(Kim, Jason) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
58

Consent MOTION for Extension of Time until September 28, 2018 to respond to 57 MOTION to Amend/Correct 1 Complaint, by Connecticut State Board of Education. (Cunningham, Darren) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
59

ELECTRONIC ORDER granting Defendant's 58 Consent Motion for Extension of Time to Respond to Plaintiff's Motion for Leave to File Amended Complaint, absent objection, and for good cause shown. Accordingly, Defendant's response to Plaintiff's 57 Motion for Leave to File Amended Complaint must be filed on or before September 28, 2018. Signed by Judge Charles S. Haight, Jr. on 8/29/2018. (Kaczmarek, S.) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
60

Set/Reset Deadlines as to 57 Motion for Leave to File Amended Complaint. Responses due by 9/28/2018. (Kaczmarek, S.) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
61

Memorandum in Opposition re 57 MOTION to Amend/Correct 1 Complaint, filed by Connecticut State Board of Education. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cunningham, Darren) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
62

REPLY to Response to 57 MOTION to Amend/Correct 1 Complaint, filed by D. J.. (Attachments: # 1 Affidavit Jason H. Kim (Second), # 2 Exhibit E)(Kim, Jason) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
63

RULING (see attached) granting Plaintiff's 57 Motion to Amend. Accordingly, the previously filed Amended Complaint [Doc. 57-4] becomes the operative complaint in this action. Signed by Judge Charles S. Haight, Jr. on April 5, 2019. (Ghosh, R.) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

RECAP
64

AMENDED COMPLAINT against Connecticut State Board of Education, filed by A. R..(Reis, Julia) (Entered: 04/15/2019)

April 5, 2019

April 5, 2019

RECAP
65

STIPULATION re 56 Order on Motion for Summary Judgment,,,,,,,, Order on Motion to Certify Class,,,,,,,,,,,,,,, by A. R.. (Attachments: # 1 Exhibit A)(Kim, Jason) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
66

Second MOTION to Certify Class by A. R..Responses due by 6/21/2019 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Jason H. Kim, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Affidavit A.R.)(Kim, Jason) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
67

EXHIBIT Declaration of A.R. by A. R. re 66 Second MOTION to Certify Class . (Considine, Kasey) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
68

MOTION to Seal Plaintiff A.R.'s Declarations by A. R.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cushman, Catherine) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
69

ELECTRONIC ORDER granting 68 Motion to Seal Plaintiff A.R.'s Declarations. Pursuant to Local Rule 5(e), any order sealing a judicial document "shall include particularized findings demonstrating that sealing is supported by clear and compelling reasons and is narrowly tailored to serve those reasons." D. Conn. L. Civ. R. 5(e)(3); see Kleftogiannis v. Inline Plastics Corp., 2019 WL 4244810, at *11 (D. Conn. Sept. 6, 2019) (noting that the party moving to seal must demonstrate "that closure is essential to preserve higher values and is narrowly tailored to serve that interest."). Courts "routinely... redact or otherwise restrict access to sensitive personally identifying information contained in court documents" where there is "substantial privacy interest" in Plaintiff's anonymity. See id.; B. v. City of New York, 2016 WL 4530455, at *5 n.6 (E.D.N.Y. Aug. 29, 2016) (ordering sealing of the documents that disclosed the full name of a minor plaintiff proceeding under a pseudonym). In the instant case, Plaintiff A.R., a student with disabilities, has been proceeding under a pseudonym in order to prevent disclosure of specific information concerning Plaintiff's disabilities and to protect Plaintiff's privacy. Plaintiff's counsel represents that the disclosure of Plaintiff's full name and home address in the declarations that Plaintiff filed on May 31, 2019 (Exhibit 8 to Doc. 66 ) and November 27, 2019 (Doc. 67 ) was inadvertent and asks the Court to "retract the original versions of the declarations and substitute redacted versions in their place." See Doc. 68, at 1. Defendant does not object to Plaintiff's request. See id., at 2. Accordingly, the court finds that redacting Plaintiff's full name and home address is narrowly tailored to protect Plaintiff's privacy and preserve Plaintiff's anonymity in this matter. See B. v. City of New York, 2016 WL 4530455, at *5 n.6; Travelers Indem. Co. v. Excalibur Reinsurance Corp., No. 11-cv-1209 (CSH), 2013 WL 4012772, at *17 (D. Conn. Aug. 5, 2013). The Clerk is directed to place Exhibit 8 to Doc. 66 May 31, 2019 Affidavit of A.R. and Doc. 67 November 27, 2019 Declaration of A.R. under seal and file redacted versions of these documents (Exhibits 1 and 2 to Doc. 68 ) in their place. Signed by Judge Charles S. Haight, Jr. on January 3, 2020. (Marienko, A.) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER

Order on Motion to Seal

Jan. 3, 2020

Jan. 3, 2020

PACER
70

RULING (see attached) granting Plaintiff's 66 Second Motion to Certify Class. For the reasons stated in the attached opinion, Plaintiffs' claims for class-wide injunctive and declaratory relief are certified under Rule 23(b)(2), and Plaintiffs' claims for compensatory education are certified under Rule 23(b)(3). Signed by Judge Charles S. Haight, Jr. on May 1, 2020. (Marienko, A.) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
71

RULING (attached). For the reasons set forth in the attached Ruling, Plaintiffs' 29 Motion for Summary Judgment is GRANTED, and Defendant's 38 Motion for Summary Judgment is DENIED. Signed by Judge Charles S. Haight, Jr. on June 10, 2020. (Marienko, A.) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP
72

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel in accordance with Ruling 71 . Signed by Judge Charles S. Haight, Jr on 06/22/20. (Barry, Donna) (Entered: 06/23/2020)

June 22, 2020

June 22, 2020

PACER

Order Referring Case to Magistrate Judge

June 23, 2020

June 23, 2020

PACER
73

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Virtual Status Conference set for 7/8/2020 at 10:00 AM before Judge William I. Garfinkel. The parties will receive further instructions by email with a link to the Zoom conference. (Esposito, A.) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
74

ORDER. This case was referred to the undersigned by Judge Haight in his ruling on cross motions for summary judgment as follows: The parties are directed to work together regarding identification and notice to potential class members, as well as consideration of the Board's ability to provide compensatory education to class members. To facilitate this process, the Court will refer the case to a Magistrate Judge. See E.R.K., 2014 WL 12887631, at *12 (ordering the parties to work with a Magistrate Judge regarding issues such as identification and notice to potential class members, consideration of the states ability to provide compensatory education to class members, and identification of potential service providers likely to be needed to provide compensatory education to class members). A virtual status conference is scheduled for July 8, 2020 at 10:00AM. The parties will provide a status report on the efforts made to identify the class members and the Board's ability to provide compensatory education to the class members. The parties will also provide suggestions on how the Court can help facilitate this process. The status reports may be emailed to the law clerk no later than July 7, 2020 at 12:00PM to: alyssa_esposito@ctd.uscourts.gov Signed by Judge William I. Garfinkel on 7/1/20.(Esposito, A.) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

Calendar Entry

July 1, 2020

July 1, 2020

PACER

Order

July 1, 2020

July 1, 2020

PACER
75

NOTICE of Appearance by Kasey Considine on behalf of A. R. (Considine, Kasey) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
76

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. A Follow-up Telephonic Status Conference set for 7/22/2020 at 01:30 PM before Judge William I. Garfinkel. The parties will call the conference line at the appointed time at: (877) 336-1831; Access Code: 49-24-598. The parties may email the law clerk by July 21 at 12:00PM if they would prefer to proceed by Zoom and/or to update the Court on pending matters at: alyssa_esposito@ctd.uscourts.gov (Esposito, A.) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
77

Minute Entry for proceedings held before Judge William I. Garfinkel: Virtual Status Conference held on 7/8/2020. Total Time: 1 hour (Esposito, A.) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
78

NOTICE OF HEARING: Counsel are hereby notified that the Court will hold a status conference on Thursday, July 9, 2020, at 2:00 p.m. in a teleconference hearing. Counsel should be prepared to address any outstanding issues in the case (e.g., judgment, requests to stay the case, settlement of any unresolved matters). Counsel are directed to dial into the conference at (877) 336-1829 at the appointed time and enter the code 5451650 (followed by pound (#)). Signed by Judge Charles S. Haight, Jr. on July 8, 2020. (Dorais, L.) Modified on 7/8/2020 - corrected date of hearing (Barry, Donna). (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

Docket Entry Correction re 78 Notice of Hearing on Motion: Hearing date was updated to Thursday, July 9, 2020 at 2:00 p.m. All other information contained within the Notice remains unchanged. (Barry, Donna)

July 8, 2020

July 8, 2020

PACER

Calendar Entry

July 8, 2020

July 8, 2020

PACER

Status Conference

July 8, 2020

July 8, 2020

PACER

Notice of Hearing on Motion

July 8, 2020

July 8, 2020

PACER

Docket Annotation

July 8, 2020

July 8, 2020

PACER
79

Minute Entry for proceedings held before Judge Charles S. Haight, Jr: Telephonic Status Conference held on 7/9/2020. Total Time: 1 hour and 8 minutes (Barry, Donna) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER

Status Conference

July 9, 2020

July 9, 2020

PACER
80

NOTICE OF APPEAL by Connecticut State Board of Education. Filing fee $ 505, receipt number ACTDC-5966282. (Cunningham, Darren) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 15, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Students with disabilities on behalf of a class of "All individuals who were over 21 and under 22 within two years before the filing of this action or will turn 21 during the pendency of this action who are provided or were provided a FAPE under the IDEA by any [Local Education Agency (LEA)] in the State of Connecticut and who, but for turning 21, would otherwise qualify or would have qualified for a FAPE until age 22 because they have not or had not yet earned a regular high school diploma."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Connecticut State Board of Education, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Impact

Disparate Treatment

Education

Government Services

School/University policies

Special education

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Intellectual/developmental disability, unspecified

Learning disability

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run