Case: J.N. v. Oregon Board of Education

6:19-cv-00096 | U.S. District Court for the District of Oregon

Filed Date: Jan. 22, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about discrimination that students with disabilities face in the Oregon Public School system. On January 22, 2019, plaintiffs brought a class-action suit against the Oregon Department of Education under the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The plaintiffs sought to address the long-standing problem in Oregon of denying students with disabilities the ability to attend a full-day of sc…

This case is about discrimination that students with disabilities face in the Oregon Public School system. On January 22, 2019, plaintiffs brought a class-action suit against the Oregon Department of Education under the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act. The plaintiffs sought to address the long-standing problem in Oregon of denying students with disabilities the ability to attend a full-day of school or in some cases, the chance to attend school at all.

J.N., the lead plaintiff, was a 6-year-old public school student. He had a disability and was eligible for special education and related services under the IDEA. Due to behaviors related to his disability, J.N. had been subjected to a shortened school day. When he was in kindergarten, J.N. was forced to attend a truncated form of school for the entire 2017-2018 school year. For a few months, this meant that J.N.'s entire day of schooling was only an hour. Other plaintiffs also were subject to shortened school days, including schooling under an hour a day, as a result of their disability.

The plaintiffs argued that the discriminatory consequences of the shortened school day policy violated the IDEA, the ADA, and Section 504 of the Rehabilitation Act. Under the IDEA, every state has to "ensure" that it provides "special education" and "related services" to all children with disabilities aged 3 to 21 who reside in the state. The IDEA also requires that every child be provided a free appropriate public education (FAPE). Under Title II of the ADA, individuals with disabilities cannot be excluded from participating in, excluded from the benefits of, or be discriminated against in public school. Title II also requires that all students regardless of disability status be provided with an equal education. Section 504 of the Rehabilitation Act requires that institutions receiving federal funding provide assistance and benefits to individuals with disabilities.

In the complaint, the plaintiffs requested the following relief: a permanent enjoinder of defendants from subjecting the plaintiffs to policies that violate the IDEA, the ADA, and Section 504 of the Rehabilitation Act; an order requiring defendants to create and implement new policies that would ensure compliance with FAPE standards; and an order demanding that defendants develop and maintain policies and practices to ensure that the State of Oregon and individual Oregon school districts do not discriminate against students with disabilities, including exclusion of students with disabilities from a full school day. The case was assigned to Judge Ann L. Aiken.

On April 19, 2019, the defendant filed a motion to dismiss. The plaintiffs responded to this motion, but both parties began to participate in settlement talks in October 2019. However, the no settlement agreement was reached, and on February 3, 2020, the plaintiffs filed a motion for class certification.

On September 1, 2020, Judge Aiken denied the defendants' motion to dismiss, finding that the plaintiffs had standing to proceed. 2020 WL 5209846. The defendants filed their answer to the complaint shortly thereafter. The court then granted plaintiffs' motion for class certification on February 5, 2021. 338 F.R.D. 256. The certified class consisted of "all students with disabilities aged 3 to 21 residing in Oregon who are eligible for special education and related services under the IDEA and are currently being subjected to a shortened school day or are at substantial risk of being subjected to a shortened school day due to their disability-related behaviors."

As of March 28, 2022, the case remains open.

Summary Authors

Gabrielle Simeck (11/1/2020)

Zoe Goldstein (3/28/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14541593/parties/jn-v-oregon-department-of-education/


Judge(s)

Aiken, Ann L. (Oregon)

Attorneys(s) for Plaintiff

Abrokwa, Alice (District of Columbia)

Almazan-altobelli, Selene (Maryland)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Folger, Michael W (New York)

Galanter, Seth Michael (District of Columbia)

Greenberg, Joel (Oregon)

Horth-Neubert, Stacy R. (California)

Simshauser, Peter (Massachusetts)

Judge(s)

Aiken, Ann L. (Oregon)

Attorneys(s) for Plaintiff

Abrokwa, Alice (District of Columbia)

Almazan-altobelli, Selene (Maryland)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Folger, Michael W (New York)

Galanter, Seth Michael (District of Columbia)

Greenberg, Joel (Oregon)

Horth-Neubert, Stacy R. (California)

Simshauser, Peter (Massachusetts)

Stenson, Thomas (Oregon)

Attorneys(s) for Defendant

Andrews, Beth (Oregon)

Englander, Nina R. (Oregon)

Staley, Darsee (Oregon)

Documents in the Clearinghouse

Document

6:19-cv-00096

Docket [PACER]

J.N. v. Oregon

Oct. 19, 2020

Oct. 19, 2020

Docket
1

6:19-cv-00096

Class Action Allegation Complaint for Equitable Relief Under the Individuals with Disabilities Education Act, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act

J.N. v. Department of Oregon

Jan. 22, 2019

Jan. 22, 2019

Complaint
78

6:19-cv-00096

Opinion and Order

J.N. v. Oregon Department of Education

2020 WL 589534

Feb. 5, 2020

Feb. 5, 2020

Order/Opinion
104

6:19-cv-00096

Opinion and Order

J.N. v. Oregon Department of Education

2020 WL 5209846

Sept. 1, 2020

Sept. 1, 2020

Order/Opinion
123

6:19-cv-00096

Opinion and Order

338 F.R.D. 256

Feb. 5, 2021

Feb. 5, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14541593/jn-v-oregon-department-of-education/

Last updated Aug. 4, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5708057 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by E. O., Council of Parent Attorneys and Attorneys, Inc., J. V., J. N., B. M. against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Attachment). (Stenson, Thomas) (Entered: 01/22/2019)

1 Civil Cover Sheet

View on PACER

2 Attachment

View on PACER

Jan. 22, 2019

Jan. 22, 2019

RECAP
2

Motion for Leave to Appear Pro Hac Vice for Attorney Alice Abrokwa . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5708117. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
3

Motion for Leave to Appear Pro Hac Vice for Attorney Michael Folger . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5708153. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
4

Proposed Summons Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
5

Proposed Summons Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
6

Proposed Summons Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
7

Corporate Disclosure Statement . Filed by Council of Parent Attorneys and Attorneys, Inc.. (Stenson, Thomas) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
8

Motion for Administrative Relief to Proceed Anonymously Using a Pseudonym and to File Under Seal. Filed by All Plaintiffs. (Stenson, Thomas) Modified motion type from "Protective Order" to "Seal Document"; changed docket text to match document on 1/25/2019; NEF regenerated. (kf) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
9

Motion for Leave to Appear Pro Hac Vice for Attorney Lewis Bossing . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5708214. Filed by All Plaintiffs. (Stenson, Thomas) (Main Document 9 replaced on 1/23/2019) (cw). (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
10

Motion for Leave to Appear Pro Hac Vice for Attorney Selene Almazan . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5708964. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
11

Clerk's Notice of Docket Correction regarding 9 Motion to Appear Pro Hac Vice. A corrected PDF has been uploaded and has replaced the incorrect attachment. The original PDF was not flattened. The PDF document is replaced with a flattened PDF document. The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
12

CASE MANAGEMENT ORDER. Signed on 1/23/2019 by Judge Ann L. Aiken. (ck) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
13

Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 5/23/2019. Joint Alternate Dispute Resolution Report is due by 6/24/2019. Pretrial Order is due by 6/24/2019. Ordered by Judge Ann L. Aiken. (Attachments: # 1 Summons Issued) (kf) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
16

ORDER: Granting Application for Special Admission Pro Hac Vice of Lewis Bossing for Council of Parent Attorneys and Advocates, Inc, B. M.,, J. N., E. O., and J. V. Application Fee in amount of $300 collected. Receipt No. 0979-5708214 issued. Signed on 1/28/2019 by Judge Ann L. Aiken. (cp) (Entered: 02/04/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
19

ORDER: Granting Application for Special Admission Pro Hac Vice of Michael W. Folger for Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V. Application Fee in amount of $300 collected. Receipt No. 0979-5708153 issued. Signed on 1/28/2019 by Judge Ann L. Aiken. (cp) (Entered: 02/07/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
14

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
15

Motion for Leave to Appear, Motion for Leave to Appear Pro Hac Vice for Attorney Seth Galanter . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5725573. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

RECAP
17

Notification of CM/ECF Account for Lewis Bossing (Pro Hac Vice admission). Your login is: lbossing. Go to the CM/ECF login page to set your password. (cp) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

PACER
18

Motion for Leave to Appear Pro Hac Vice for Attorney Ira A. Burnim . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5729593. Filed by All Plaintiffs. (Bossing, Lewis) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
20

Notification of CM/ECF Account for Michael Folger (Pro Hac Vice admission). Your login is: mfolger. Go to the CM/ECF login page to set your password. (cp) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
21

Motion for Extension of Time . Filed by All Defendants. (Staley, Darsee) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
22

Declaration of Darsee Staley . Filed by All Defendants. (Related document(s): Motion for Extension of Time 21 .) (Staley, Darsee) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
23

Notice of Association of Attorney Beth Andrews,Beth Andrews for Katherine Brown,Beth Andrews for Colt Gill,Beth Andrews for Oregon Department of Education. Filed by All Defendants. (Andrews, Beth) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
24

Response to Motion for Extension of Time 21 . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Stenson, Thomas) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
26

ORDER: Granting Application for Special Admission Pro Hac Vice of Alice Y. Abrokwa for J. N. Application Fee in amount of $300 collected. Receipt No. 0979-5708117 issued. Signed on 3/25/2019 by Judge Ann L. Aiken. (cp) Modified on 3/26/2019 to correct judge, resent nef(cp). (Entered: 03/26/2019)

March 25, 2019

March 25, 2019

PACER
27

Notification of CM/ECF Account for Alice Y. Abrokwa (Pro Hac Vice admission). Your login is: ayabrokwa. Go to the CM/ECF login page to set your password. (cp) (Entered: 03/26/2019)

March 25, 2019

March 25, 2019

PACER
28

ORDER: Granting Application for Special Admission Pro Hac Vice of Selene Almazan-Altobelli for Council of Parent Attorneys and Advocates, Inc., B. M., J. N., and for E. O.. Application Fee in amount of $300 collected. Receipt No. 0979-5708964 issued. Signed on 3/25/2019 by Judge Ann L. Aiken. (cp) (Entered: 03/26/2019)

March 25, 2019

March 25, 2019

PACER
29

Notification of CM/ECF Account for Selene Almazan-Altobelli (Pro Hac Vice admission). Your login is: salmazanaltobelli. Go to the CM/ECF login page to set your password. (cp) (Entered: 03/26/2019)

March 25, 2019

March 25, 2019

PACER
30

ORDER: Granting Application for Special Admission Pro Hac Vice of Ira A Burnim for J. N.. Application Fee in amount of $300 collected. Receipt No. 0979-5729593 issued. Signed on 3/25/2019 by Judge Ann L. Aiken. (cp) (Entered: 03/26/2019)

March 25, 2019

March 25, 2019

PACER
31

Notification of CM/ECF Account for Ira A. Burnim (Pro Hac Vice admission). Your login is: iaburnim. Go to the CM/ECF login page to set your password. (cp) (Entered: 03/26/2019)

March 25, 2019

March 25, 2019

PACER
25

ORDER: The Court grants in part Motion for Extension of Time 21 . Defendants are to file their first appearance by 4/19/2019. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER

Order

March 26, 2019

March 26, 2019

PACER
32

Notice of Appearance of Nina R. Englander appearing on behalf of Katherine Brown, Colt Gill, Oregon Department of Education Filed by on behalf of Katherine Brown, Colt Gill, Oregon Department of Education. (Englander, Nina) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
33

Motion to Dismiss and Memorandum in Support. Oral Argument requested. Filed by Katherine Brown, Colt Gill, Oregon Department of Education. (Staley, Darsee) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER

Order on Motion for Extension of Time

April 24, 2019

April 24, 2019

PACER
35

ORDER: Granting Motion for Administrative Relief to Proceed Anonymously Using a Pseudonym and to File Under Seal 8 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER

Administrative Correction of the Record

April 26, 2019

April 26, 2019

PACER

Order on Motion to Seal Document

April 26, 2019

April 26, 2019

PACER
36

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order on motion for extension of time, ECF 34. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record and, if necessary, regenerate the Notice of Electronic Filing to all parties: Strike the entry as it is a duplicate and was entered in error. (ck) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
37

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss and Memorandum in Support 33 . Filed by All Defendants. (Staley, Darsee) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

May 3, 2019

May 3, 2019

PACER
38

Declaration of Darsee Staley . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 37 .) (Staley, Darsee) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
39

ORDER: Granting Application for Special Admission Pro Hac Vice of Seth Galanter for Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., and J. V. Application Fee in amount of $300 collected. Receipt No. 0979-5725573 issued. Signed on 5/3/2019 by Judge Ann L. Aiken. (ck) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
40

Notification of CM/ECF Account for Seth Galanter (Pro Hac Vice admission). Your login is: sgalanter. Go to the CM/ECF login page to set your password. (ck) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
41

Response in Opposition to Motion to Dismiss and Memorandum in Support 33 . Filed by All Plaintiffs. (Abrokwa, Alice) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
42

ORDER: Granting 37 Unopposed Motion for Extension of Time to File Response/Reply to Motion to Dismiss 33 . Reply is due by 5/31/2019. Motion is taken under advisement as of 6/3/2019. Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
44

Motion for Leave to Appear Pro Hac Vice for Attorney Peter Simshauser . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5846616. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
45

ORDER: Granting Application for Special Admission Pro Hac Vice of Peter Simshauser for Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., and J. V. Application Fee in amount of $300 collected. Receipt No. 0979-5846616 issued. Signed on 5/10/2019 by Judge Ann L. Aiken. (ck) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
46

Notification of CM/ECF Account for Peter Simshauser (Pro Hac Vice admission). Your login is: psimshauser. Go to the CM/ECF login page to set your password. (ck) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
47

Reply to Motion to Dismiss and Memorandum in Support 33 . Filed by All Defendants. (Staley, Darsee) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
48

Scheduling Order by Judge Ann L. Aiken. Oral Argument regarding Motion to Dismiss 33 is set for 7/10/2019 at 02:00PM in Eugene Courtroom 1 before Judge Ann L. Aiken. Motion is taken under advisement as of 7/10/2019. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER

1 - Scheduling

June 17, 2019

June 17, 2019

PACER
49

Michael Folger's Notice of Attorney Withdrawal: Filed by All Plaintiffs. (Folger, Michael) (Entered: 06/22/2019)

June 22, 2019

June 22, 2019

PACER
50

Supplement Plaintiffs' Notice of Supplemental Authority. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 41 .) (Simshauser, Peter) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
51

MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss 33 before Judge Ann L. Aiken. The Court hears argument as stated on the record and takes the matter under advisement. Formal Written Order to follow. Alice Abrokwa, Joel Greenberg, Seth Galanter present as counsel for plaintiffs. Beth Andrews, Darsee Staley present as counsel for defendants. Court Reporter: Deborah Cook. (ck) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER

Motion Hearing Held

July 10, 2019

July 10, 2019

PACER
52

SCHEDULING ORDER by Judge Acosta - -SETTING a 3-day block of Settlement Conferences before Judge Acosta as follows: (1) Tuesday, October 15, 2019, in Portland, in Judge Acosta's chambers on the 11th floor of the Mark Hatfield United States Courthouse, 1000 SW Third Ave, Portland, Oregon 97204. Plaintiffs arrive at 8:30AM, Defendants to arrive at 9:30AM. (2) Wednesday, October 16, 2019, same location. Plaintiffs to arrive at 9:00AM; Defendants to arrive at 9:30AM. (3) Thursday, October 17, 2019, same location. Plaintiffs to arrive at 9:30AM; Defendants to arrive at 10:00AM. (peg) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER

1 - Scheduling

Sept. 3, 2019

Sept. 3, 2019

PACER
53

Notice of Attorney Withdrawal: of Beth Andrews Filed by Katherine Brown, Colt Gill, Oregon Department of Education. (Staley, Darsee) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
55

Notice of Case Reassignment: This case has been reassigned from Judge Ann L. Aiken to Magistrate Judge Mustafa T. Kasubhai. (eo) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
56

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding 54 Consent to a Magistrate. A Clerical error has been discovered in the case record: The document was filed in the incorrect case. The following corrections were made to the record: The entry is sealed. (jk) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER

Correction of the Record

Sept. 19, 2019

Sept. 19, 2019

PACER
57

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 7-10-19 before Judge Aiken, Court Reporter Deborah Cook, telephone number 541-431-4162. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter Deborah Cook, telephone number 541-431-4162 before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/27/2019. Redaction Request due 10/11/2019. Redacted Transcript Deadline set for 10/21/2019. Release of Transcript Restriction set for 12/19/2019. (dc) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
58

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Mustafa T. Kasubhai to Judge Ann L. Aiken. (eo) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
59

MINUTES of Proceedings: Settlement Conference held by Judge Acosta. Settlement Conference to continue on Wednesday, October 16, 2019; Defendants only. Alice Abrokwa, Selene Almazan-Altobelli, Seth Galanter,Thomas Stenson, Joel Greenberg, (Lewis Bossing by telephone) present as counsel for plaintiffs. Nina Englander, Darsee Staley present as counsel for defendants. Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg) (Entered: 10/16/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
60

MINUTES of Proceedings: Settlement Conference session held by defendants only. Sheila Potter, Nina Englander, Jake Hogue, Cindy Hunt, Elliot Field, Darsee Staley, Candace Pelt present as counsel for defendant(s). Court Reporter: None. Magistrate Judge John V. Acosta presiding. (peg) (Entered: 10/17/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER

Settlement Conference

Oct. 16, 2019

Oct. 16, 2019

PACER
61

MINUTES of Proceedings: Settlement Conference work session held by defendants only. Candace Pelt, Sheila Potter, Jake Hogue, Cindy Hunt, Elliot Field, Darsee Staley present as counsel for defendants. U.S. Magistrate Judge John V. Acosta, presiding. (peg) (Entered: 10/18/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER

Settlement Conference

Oct. 17, 2019

Oct. 17, 2019

PACER

Settlement Conference

Oct. 18, 2019

Oct. 18, 2019

PACER
62

Motion for Leave to Appear Pro Hac Vice for Attorney Michael Folger. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6189286. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER

Leave to Appear Pro Hac Vice

Jan. 28, 2020

Jan. 28, 2020

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice for Attorney Michael Folger. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6189286 62 : Reviewed and Ready for Ruling (Related document(s): Motion for Leave to Appear Pro Hac Vice 62 .) (ck)

Jan. 28, 2020

Jan. 28, 2020

PACER
63

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 62 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
64

Motion to Certify the Class and Memorandum in Support. Oral Argument requested. Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
65

Declaration of Thomas Stenson . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Attachments: # 1 Exhibit 1) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
66

Declaration of Albert William Greenwood, Ph. D. . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Redacted)) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
67

Declaration of Melody Musgrove . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Attachments: # 1 Exhibit 1) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
68

Declaration of Alice Y. Abrokwa . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
69

Declaration of Cheryl Cisneros . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
70

Declaration of Alisha Overstreet . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
71

Declaration of Sarah Kaplansky . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
72

Declaration of Traci Modugno . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
73

Declaration of Ira A. Burnim . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
74

Declaration of Selene Almazan-Altobelli . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
75

Declaration of Seth M. Galanter . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
76

Declaration of Peter Simshauser . Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Related document(s): Motion to certify class 64 .) (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
77

Unopposed Motion for Leave to File Under Seal. Filed by Council of Parent Attorneys and Advocates, Inc., B. M., J. N., E. O., J. V.. (Stenson, Thomas) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
78

OPINION AND ORDER: Plaintiffs' Unopposed Motion for Leave to File Under Seal 77 is GRANTED. Signed on 2/5/2020 by Judge Ann L. Aiken. (ck) (Entered: 02/06/2020)

Feb. 5, 2020

Feb. 5, 2020

RECAP
83

*SEALED* Exhibits re Motion to Certify the Class and Memorandum in Support 64 and Declaration 66 (FILED UNDER SEAL). Filed by All Plaintiffs. (bd) Modified on 2/12/2020 to grant access to attorneys of record. (bd) (Entered: 02/12/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
79

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class and Memorandum in Support 64 . Filed by All Defendants. (Staley, Darsee) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

Feb. 12, 2020

Feb. 12, 2020

PACER
80

Declaration of Darsee Staley . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 79 .) (Staley, Darsee) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
81

Declaration of Nina Englander . Filed by All Defendants. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 79 .) (Staley, Darsee) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
82

ORDER: Granting Unopposed Motion for Extension of Time to File Response/Reply to Motion to Certify the Class 64 . Response is due by 3/19/2020. Motion is taken under advisement as of 4/6/2020. Ordered by Judge Ann L. Aiken. (ck) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
84

Notice of Change of Address. Filed by All Plaintiffs. (Bossing, Lewis) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
85

Joint Motion for Protective Order (Stipulated). Filed by All Plaintiffs. (Folger, Michael) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
86

ORDER: Granting Joint Motion for a Protective Order 85 . Signed on 3/13/2020 by Judge Ann L. Aiken. (ck) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
87

Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Class Certification. Filed by Katherine Brown, Colt Gill, Oregon Department of Education. (Staley, Darsee) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER

Order on Motion for Extension of Time

March 17, 2020

March 17, 2020

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 22, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All students with disabilities aged 3 to 21 residing in Oregon who are eligible for special education and related services under the IDEA and are currently being subjected to a shortened school day or are at substantial risk of being subjected to a shortened school day due to their disability-related behaviors.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oregon Department of Education, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

Reasonable Accommodations

Reasonable Modifications

School/University policies

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run