Case: Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission

1:06-cv-02773 | U.S. District Court for the District of Maryland

Filed Date: Oct. 23, 2006

Closed Date: June 2, 2021

Clearinghouse coding complete

Case Summary

This is a case about how the Maryland Higher Education Commission, a division of the Maryland Department of Higher Education, must treat historically Black colleges & universities (HBCUs) in relation to typically White institutions (TWIs). On October 23, 2006, a non-profit corporation comprising current and former students and staff at HBCUs, called the Coalition for Equity and Excellence in Maryland Higher Education, Inc., filed this lawsuit in the U.S. District Court for the District of Maryl…

This is a case about how the Maryland Higher Education Commission, a division of the Maryland Department of Higher Education, must treat historically Black colleges & universities (HBCUs) in relation to typically White institutions (TWIs). On October 23, 2006, a non-profit corporation comprising current and former students and staff at HBCUs, called the Coalition for Equity and Excellence in Maryland Higher Education, Inc., filed this lawsuit in the U.S. District Court for the District of Maryland. The Coalition sued the State of Maryland, the Department of Higher Education, the Maryland Higher Education Commission, and their respective leaders. Represented by private counsel, along with the U.S. Department of Justice, the plaintiff sought declaratory and injunctive relief to enjoin the State of Maryland from continuing discriminatory practices with relation to higher education institutions. The plaintiff asserted that the State violated Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment, and a previously negotiated ‘Partnership Agreement’ between the parties involved in this suit by failing to provide equal treatment to HBCUs and by the practice of unnecessarily duplicating programs from HBCUs at nearby TWIs; the latter charge alleges that recreating unique programs from HBCUs at geographically proximate TWIs undermines the value of the HBCUs’ programs, emphasizes a ‘separate but equal’ higher education structure, and puts the schools in competition with a clear preference for TWIs.

On January 30, 2007, District Judge Catherine C. Blake stayed and administratively closed the case until a time when the plaintiffs were prepared to move forward with litigation. On January 29, 2008, the case was reopened in accordance with the stipulations of the stay. On May 2, 2008, Judge Blake granted the plaintiffs’ motion for class certification; however, on August 25, 2008, the plaintiffs withdrew their motion for class certification due to a belief that pending discovery on the merits would likely settle any dispute as to the necessity of class certification.

On August 20, 2008, Judge Blake granted the defendants’ motion for summary judgment as to a breach of contract cause of action on the grounds that it was not a binding contract that the plaintiffs could enforce; however, the federal claims proceeded. This was reflected in the plaintiff’s fourth, and final, amended complaint on September 15, 2010, which laid out the claims as were previously described. In the following years, additional discovery and several hearings proceeded. On June 29, 2015, Judge Blake ordered that the defendants were liable for unnecessary program duplication, though this order was appealable.

Between December 13 and 27, 2017, the plaintiff’s complaints against all of the defendants were consolidated and appealed to the U.S. Court of Appeals for the Fourth Circuit. Shortly thereafter, the court ordered the parties to name a Special Master to aid in the development of a plan to carry out the court’s orders relating to injunctive relief. The Court of Appeals advised the parties to settle this matter out of court, finding that further litigation would tend to be expensive and unnecessarily burdensome to the state of Maryland and its higher education institutions.

On May 6, 2021, the plaintiff and defendants jointly requested that the case be remanded to the district court in order to effectuate a settlement based on emergency legislation from Maryland’s General Assembly. On May 11, 2021, the parties agreed to a settlement in the amount of $577,000,000; the settlement agreement stipulated that the defendants would pay the plaintiffs’ attorney’s fees and bring an end to de jure segregation in Maryland higher education by providing for a funding scheme and programs aimed at bringing about parity between HBCUs and TWIs. The funding is to be aimed towards expanding and developing academic programs, improving faculty, and providing scholarships; this funding cannot be used to reduce the budget for HBCUs in the future. In return, the plaintiff agreed to dismiss the case. The following day, Judge Blake approved of the settlement agreement, on the grounds that it served the public interest and brought about a resolution to the issue, and dismissed the case with prejudice.

On June 2, 2021, the plaintiffs voluntarily dismissed this case. The case is now closed.

Summary Authors

Matthew Weiner (11/9/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4925598/parties/the-coalition-for-equity-and-excellence-in-maryland-higher-education-inc/


Judge(s)

Blake, Catherine C. (Maryland)

Garbis, Marvin J. (Maryland)

Attorneys(s) for Plaintiff

Anderson, Devin (District of Columbia)

Bonadies Torres, Genevieve Terese (District of Columbia)

Brahma, Charanjit (District of Columbia)

Brittain, John C (Texas)

Challenger, Derek Gerrod (Virginia)

Clark, Bettina L (District of Columbia)

Clemons, Tyler Rose (Louisiana)

Cober, Michele G (District of Columbia)

Judge(s)

Blake, Catherine C. (Maryland)

Garbis, Marvin J. (Maryland)

Attorneys(s) for Plaintiff

Anderson, Devin (District of Columbia)

Bonadies Torres, Genevieve Terese (District of Columbia)

Brahma, Charanjit (District of Columbia)

Brittain, John C (Texas)

Challenger, Derek Gerrod (Virginia)

Clark, Bettina L (District of Columbia)

Clemons, Tyler Rose (Louisiana)

Cober, Michele G (District of Columbia)

Coco, Jennifer M. (Louisiana)

Cooper, David G (District of Columbia)

Dashiell, Robert Fulton (Maryland)

DiPaolo, John K. (District of Columbia)

Dupre, Phillip R (District of Columbia)

Fabian, Sarah B. (District of Columbia)

Fitzgerald, Michael L (District of Columbia)

Francois, Aderson B. (District of Columbia)

Gardner, Darren S (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Gutrick, Michele E (District of Columbia)

Harris, Savaria B. (District of Columbia)

Jefferson, Tricia G. (District of Columbia)

Johnson, Kenneth Lavon (Maryland)

Jones, Michael D. (District of Columbia)

Kohlman, Raymond D (New York)

Kosa, Erik M (District of Columbia)

Mallick, Sumit (District of Columbia)

McClain, Ray (District of Columbia)

Meier, Megan Lambart (District of Columbia)

Meyers, Edward (District of Columbia)

Quereshi, Ajmel (District of Columbia)

Shum, Brenda L. (District of Columbia)

Smith, Fletcher N Jr (South Carolina)

Spear, Alexandra (District of Columbia)

Thompson, Henry Allen II (District of Columbia)

Walker, Karen Natalie (District of Columbia)

Young, Robert Lewis II (District of Columbia)

Attorneys(s) for Defendant

Bainbridge, Katherine (Maryland)

Bellamy, Conseulo Beatric Nunez (Maryland)

Casey, Meghan Kathleen (Maryland)

Curran, John Joseph Jr. (Maryland)

DeRose, Jennifer Ann (Maryland)

Donahue, Anne Love (Maryland)

Duval, Catherine S (District of Columbia)

Frosh, Brian E. (Maryland)

Killefer, Campbell (Maryland)

Knott, Jason M (District of Columbia)

Rao, Vivek J (District of Columbia)

Reiser, David A. (District of Columbia)

Shelton, Alicia Leigh (Maryland)

Shultz, Catherine M. (Maryland)

Skolnik, Carolyn W (Maryland)

Snyder, Adam Dean (Maryland)

Sullivan, Steven M. (Maryland)

Wasylak, Gregory T (Maryland)

Watson, DeNisha A (Maryland)

Wellons, Christine M H (Maryland)

Wherthey, Kathleen Evelyn (Maryland)

Documents in the Clearinghouse

Document

1:06-cv-02773

Docket [PACER]

June 2, 2021

June 2, 2021

Docket
2

1:06-cv-02773

24-C06.008137

Complaint for Mandamus, a Declaratory Judgment and Preliminary and Permanent Injunctive Relief

Coalition for Equity and Excellence in Maryland Higher Education v. Ehrlich

Maryland state trial court

Oct. 23, 2006

Oct. 23, 2006

Complaint
19

1:06-cv-02773

Order Staying and Administratively Closing Case

Coalition for Equity and Excellence in Maryland Higher Education v. Ehrlich

Jan. 30, 2007

Jan. 30, 2007

Order/Opinion
29

1:06-cv-02773

Plaintiffs' Motion to Reopen

The Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission

Jan. 31, 2008

Jan. 31, 2008

Pleading / Motion / Brief
44

1:06-cv-02773

Memorandum and Order

Coalition for Equity and Excellence in Maryland Higher Education v. Ehrlich

April 1, 2008

April 1, 2008

Order/Opinion
47-2

1:06-cv-02773

Order for Class Certification

The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission

May 2, 2008

May 2, 2008

Order/Opinion
57

1:06-cv-02773

Memorandum and Order Re: Contract Claim

Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission

Aug. 20, 2008

Aug. 20, 2008

Order/Opinion
59

1:06-cv-02773

Plaintiffs' Motion to Withdraw Request for Class Certification

The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission

Aug. 27, 2008

Aug. 27, 2008

Order/Opinion
165

1:06-cv-02773

Fourth Amended Complaint

The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission

Sept. 15, 2010

Sept. 15, 2010

Complaint
242

1:06-cv-02773

Memorandum

The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission

2011 WL 2217481

June 6, 2011

June 6, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4925598/the-coalition-for-equity-and-excellence-in-maryland-higher-education-inc/

Last updated Aug. 14, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Circuit Court for Baltimore City, Maryland, case number 24-C-06-008137 OG. ( Filing fee $ 350 receipt number 14637012173), filed by Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk). (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER

Jury Demand

Oct. 23, 2006

Oct. 23, 2006

PACER
2

COMPLAINT against Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland, filed by Coalition for Equity and Excellence in Maryland Higher Education, Sally C. McMillan, Tina M. Vines.(ljs, Deputy Clerk) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

RECAP

Remark

Oct. 23, 2006

Oct. 23, 2006

PACER

Jury Trial Demand by Coalition for Equity and Excellence in Maryland Higher Education, Sally C. McMillan, Tina M. Vines. (ljs, Deputy Clerk)

Oct. 23, 2006

Oct. 23, 2006

PACER
3

Summons Issued 30 days as to Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, State Of Maryland. (ljs, Deputy Clerk) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
4

NOTICE of Filing of Notice of Removal by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland (ljs, Deputy Clerk) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER

The above pleadings 2 through 4 are copies filed in the Circuit Court for Baltimore City, Maryland (ljs, Deputy Clerk)

Oct. 23, 2006

Oct. 23, 2006

PACER
5

Correspondence re: Removal Notification Letter (c/m Johnson) (ljs, Deputy Clerk) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
6

Standing ORDER re: Removal (c/m Johnson). Signed by Judge Marvin J. Garbis on 10/23/06. (ljs, Deputy Clerk) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
7

Local Rule 103.3 Disclosure Statement by Maryland Higher Education Commission, Robert L. Ehrlich, Jr. (Attachments: # 1 Certificate of Service)(Sullivan, Steven) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
8

NOTICE of Appearance by Anne Love Donahue on behalf of Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland (Donahue, Anne) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

PACER
9

NOTICE of Appearance by Derek Gerrod Challenger on behalf of all plaintiffs (Challenger, Derek) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
10

RESPONSE re 6 Order [Statement Pursuant to Standing Order] filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. (Donahue, Anne) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
11

MOTION for Extension of Time to File Response/Reply by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland.Responses due by 11/27/2006 (Donahue, Anne) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
12

PAPERLESS ORDER GRANTING 11 Motion for Extension of Time to File Response to Complaint extended until December 9, 2006. Signed by Judge Marvin J. Garbis on 11/06/06. (Garbis, Marvin) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER

In Chambers Conference

Nov. 17, 2006

Nov. 17, 2006

PACER

In Chambers Conference held on 11/17/2006 before Judge Marvin J. Garbis. (jlb, Deputy Clerk)

Nov. 17, 2006

Nov. 17, 2006

PACER
13

SCHEDULING ORDER:. Signed by Judge Marvin J. Garbis on 12/4/06. (jlb, Deputy Clerk) Additional attachment(s) added on 12/12/2006 (jlb, Deputy Clerk). (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
14

ANSWER to Complaint by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland.(Donahue, Anne) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
15

MOTION to Dismiss and/or for Summary Judgment. Responses due by 12/28/2006 (Attachments: # 1 Memorandum in Support# 2 Affidavit Affidavit of David E. Sumler# 3 Text of Proposed Order proposed Order)(Donahue, Anne) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
16

MOTION for Extension of Time to File Response/Reply by Coalition for Equity and Excellence in Maryland Higher Education.Responses due by 1/4/2007 (Attachments: # 1 Text of Proposed Order)(Challenger, Derek) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

PACER
17

PAPERLESS ORDER GRANTING 16 Motion for Extension of Time to File Response/Reply re 15 MOTION to Dismiss and/or for Summary Judgment. Responses due by 1/30/2007 Replies due by 2/13/2007.Signed by Judge Marvin J. Garbis on 12/19/06. (Garbis, Marvin) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER

Telephone Conference

Jan. 26, 2007

Jan. 26, 2007

PACER

Telephone Conference held on 1/26/2007 before Judge Marvin J. Garbis. (hml, Deputy Clerk)

Jan. 26, 2007

Jan. 26, 2007

PACER
18

ORDER re: Counsel for plaintiff. Signed by Judge Marvin J. Garbis on 1/30/07. (jnl, Deputy Clerk) (c/m 1/30/07 chambers) Modified on 1/31/2007 (jnl, Deputy Clerk). (Entered: 01/31/2007)

Jan. 30, 2007

Jan. 30, 2007

PACER
19

ORDER staying and administratively closing case. Signed by Judge Marvin J. Garbis on 1/30/07. (c/m 1/30/07 chambers)(jnl, Deputy Clerk) (Entered: 01/31/2007)

Jan. 30, 2007

Jan. 30, 2007

RECAP
20

(FILED IN ERROR) AMENDED COMPLAINT against all defendants, filed by Coalition for Equity and Excellence in Maryland Higher Education.(Dashiell, Robert) Modified on 1/7/2008 (hml, Deputy Clerk). (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

PACER
21

MOTION to Reopen Case. Responses due by 1/17/2008 (Dashiell, Robert) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

PACER
22

MOTION to Appear Pro Hac Vice for Raymond D. Kolhman. Filing fee $ 50. (Attachments: # 1 Exhibit Resume, # 2 Affidavit, # 3 Exhibit Declaration)(Dashiell, Robert) Modified on 1/7/2008 (hml, Deputy Clerk). (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

PACER
23

(FILED IN ERROR) MOTION for Leave to File Amended Complaint. Responses due by 1/17/2008 (Dashiell, Robert) (hml, Deputy Clerk). Modified on 1/15/2008 (hml, Deputy Clerk). (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

PACER
24

NOTICE of Appearance by Anne Love Donahue on behalf of Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland (Donahue, Anne) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

PACER
25

RESPONSE to Motion re 22 MOTION to Appear Pro Hac Vice for Raymond D. Kolhman filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. Replies due by 1/31/2008. (Donahue, Anne) Modified on 1/17/2008 (hml, Deputy Clerk). (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
26

RESPONSE to Motion re 23 MOTION for Leave to File Amended Complaint Response to Plaintiffs' Motion for Leave to File an Amended Complaint filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. Replies due by 1/31/2008. (Donahue, Anne) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
27

RESPONSE to Motion re 21 MOTION to Reopen Case Response to Plaintiffs' Motion to Reopen filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. Replies due by 1/31/2008. (Donahue, Anne) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
28

MOTION to Amend/Correct complaint by Coalition for Equity and Excellence in Maryland Higher Education Responses due by 2/19/2008 (Attachments: # 1 Exhibit marked complaint, # 2 Exhibit amended complaint)(Dashiell, Robert) (Entered: 01/30/2008)

Jan. 30, 2008

Jan. 30, 2008

PACER
29

Marginal ORDER granting 21 Motion to Reopen Case. Signed by Judge Marvin J. Garbis on 1/29/08. (hml, Deputy Clerk) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

RECAP
30

Marginal ORDER denying 22 Motion to Appear Pro Hac Vice for attorney Raymond D. Kohlman on behalf of plaintiffs. Signed by Judge Marvin J. Garbis on 1/31/08. (hml, Deputy Clerk) (Entered: 02/04/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
31

Amended MOTION to Appear Pro Hac Vice for Raymond D. Kohlman on behalf of Coalition for Equity and Excellence in Maryland Higher Education Robert Dashiell Filing fee $ 50, receipt number 04160000000001634416. by Coalition for Equity and Excellence in Maryland Higher Education (Dashiell, Robert) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

PACER
32

PAPERLESS ORDER granting 31 Motion to Appear Pro Hac Vice for attorney Raymond D Kohlman on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney Raymond D Kohlman to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 2/11/08. (cmns, Deputy Clerk) (Entered: 02/11/2008)

Feb. 11, 2008

Feb. 11, 2008

PACER
33

RESPONSE to Motion re 23 MOTION for Leave to File Amended Complaint [Response to Plaintiffs' Second Motion for Leave to File An Amended Complaint] filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. Replies due by 3/4/2008. (Donahue, Anne) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

PACER
34

MARGINAL ORDER granting 28 Motion of Plaintiffs for Leave to File an Amended Complaint. Signed by Judge Marvin J. Garbis on 2/19/08. (mcb, Deputy Clerk) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

PACER
35

AMENDED COMPLAINT against James E. Lyons, Sr, Secretary of Higher Education of the State of Maryland, Kevin M. O'Keefe, Chairman, Maryland Higher Education Commission, and Maryland Higher Education Commission, filed by David Butler, Crystal Myers, Dapo Oladapo, Rahsaan Simon, Nicholas Washington, Danielle Williams, Zenia Wilson, Jessica Winslow, David J. Burton, The Coalition for Equity and Excellence in Maryland Higher Education. (Attachments: # 1 Redlined version of Amended Complaint)(mcb, Deputy Clerk) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

PACER
36

RESPONSE in Opposition re 35 Amended Complaint,, [Defs' Motion in Opposition to Class Certification] by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe. (Attachments: # 1 Memorandum of Law in Support of Motion in Opposition to Class Certification)(Donahue, Anne) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

PACER
37

ANSWER to 35 Amended Complaint,, by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe.(Donahue, Anne) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

PACER
38

Corrected ANSWER to Complaint {Amended Complaint} {Corrected Answer to Complaint applies to Paragraph 102 only} by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe.(Donahue, Anne) (Entered: 03/12/2008)

March 12, 2008

March 12, 2008

PACER
39

RESPONSE re 36 Response in Opposition, Plaintiffs Memorandum of Law in Opposition to Defendants Motion Opposing Class Certification filed by Coalition for Equity and Excellence in Maryland Higher Education. (Kohlman, Raymond) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
40

MOTION for Partial Summary Judgment by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe Responses due by 4/4/2008 (Attachments: # 1 Memorandum In Support, # 2 Exhibit Affidavit of Patricia Bracey, # 3 Text of Proposed Order)(Donahue, Anne) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

PACER
41

RESPONSE re 39 Response [Defendants' REPLY To Plaintiffs' Opposition to Motion Opposing Class Certification] filed by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe, State Of Maryland. (Donahue, Anne) (Entered: 03/28/2008)

March 28, 2008

March 28, 2008

PACER
42

MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment by Coalition for Equity and Excellence in Maryland Higher Education Responses due by 4/18/2008 (Attachments: # 1 Exhibit communication between parties agreeing to request for extension)(Kohlman, Raymond) (Entered: 04/01/2008)

April 1, 2008

April 1, 2008

PACER
43

PAPERLESS ORDER GRANTING 42 MOTION for Extension of Time to File Response/Reply as to 40 MOTION for Partial Summary Judgment filed by Coalition for Equity and Excellence in Maryland Higher Education. Responses are extended to April 18, 2008 and Replies to May 2, 2008. Signed by Judge Marvin J. Garbis on 04/01/08. (Garbis, Marvin) (Entered: 04/01/2008)

April 1, 2008

April 1, 2008

PACER
44

MEMORANDUM & ORDER denying without prejudice 36 Motion in Opposition to Class Certification. Signed by Judge Marvin J. Garbis on 4/1/08. (hml, Deputy Clerk) (Entered: 04/01/2008)

April 1, 2008

April 1, 2008

RECAP
45

RESPONSE in Opposition re 40 MOTION for Partial Summary Judgment filed by Coalition for Equity and Excellence in Maryland Higher Education. Replies due by 5/2/2008. (Attachments: # 1 Exhibit A: Declaration John J. Oliver Jr., # 2 Exhibit B: Declaration Raymond Pierce)(Kohlman, Raymond) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

PACER

Remark

April 23, 2008

April 23, 2008

PACER

Remark - Plaintiffs' counsel filed a 45 Response in Opposition to Motion for Partial SJ on 4/18/08. This document is in EXCESS OF 15 PAGES and counsel have failed to file a hard copy with Chambers within 48 hours of e-filing as provided by the Rules. Please deliver a copy to Chambers IMMEDIATELY. (Garbis, Marvin)

April 23, 2008

April 23, 2008

PACER
46

REPLY RESPONSE to Motion re 40 Motion for Partial Summary Judgment filed by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe. (Attachments: # 1 Affidavit of Patricia Bracey)(Donahue, Anne) Modified on 5/5/2008 (hml, Deputy Clerk). (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

PACER
47

MOTION to Certify Class by Coalition for Equity and Excellence in Maryland Higher Education Responses due by 5/19/2008 (Attachments: # 1 Memorandum of Support, # 2 Order for Class Certification, # 3 Affidavit of Service)(Kohlman, Raymond) (Entered: 05/02/2008)

2

View on RECAP

May 2, 2008

May 2, 2008

PACER
48

Joint MOTION for Extension of Time [Motion to Extend Schedule] by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe, Calvin W. Burnett Responses due by 7/14/2008 (Donahue, Anne) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

PACER
49

PAPERLESS ORDER GRANTING 48 Motion for Extension of Time to file Response/Reply to 47 Plaintiffs' Motion in Support of Class Certification. Response due August 8, 2008 and Reply due August 22, 2008. Signed by Judge Marvin J. Garbis on 06/25/08. (Garbis, Marvin) (Entered: 06/26/2008)

June 26, 2008

June 26, 2008

PACER
50

(FILED IN ERROR) MOTION to Compel Defendants to Fully Respond to Plaintiffs' Discovery Requests by Coalition for Equity and Excellence in Maryland Higher Education Responses due by 7/17/2008 (Kohlman, Raymond) Modified on 7/8/2008 (hml, Deputy Clerk). (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
51

ORDER REFERRING CASE to Magistrate Judge Beth P. Gesner for discovery. Signed by Judge Marvin J. Garbis on 7/2/08. (jnl, Deputy Clerk) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

PACER
52

MEMORANDUM to Counsel REJECTING the Motion to Compel as Filed. Signed by Magistrate Judge Beth P. Gesner on 7/8/08. (hml, Deputy Clerk) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

PACER
53

MEMORANDUM to Counsel re 50 Motion to Compel. Signed by Magistrate Judge Beth P. Gesner on 7/11/08. (hml, Deputy Clerk) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

PACER
54

RESPONSE in Opposition re 47 MOTION to Certify Class [Defendants' Opposition to Plaintiffs' Motion in Support of Class Certification] filed by Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe. Replies due by 8/15/2008. (Attachments: # 1 Exhibit)(Donahue, Anne) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

PACER
55

Motion Hearing held on 8/11/2008 re 40 MOTION for Partial Summary Judgment filed by Kevin M. O'Keefe, James E. Lyons, Sr., Maryland Higher Education Commission held before Judge Marvin J. Garbis. (Court Reporter G. Simpkins.) (pat, Deputy Clerk) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER
56

ORDER re: Scheduling. Signed by Judge Marvin J. Garbis on 8/11/08. (hml, Deputy Clerk) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
57

MEMORANDUM & ORDER granting 40 Motion of defendants for Partial Summary Judgment. Signed by Judge Marvin J. Garbis on 8/20/08. (hml, Deputy Clerk) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

RECAP
58

MOTION to Withdraw 47 Motion to Certify Class by Coalition for Equity and Excellence in Maryland Higher Education. Responses due by 9/8/2008 (Kohlman, Raymond) Modified on 8/25/2008 (hml, Deputy Clerk). (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
59

Marginal ORDER granting 58 Motion to Withdraw 47 MOTION to Certify Class. Signed by Judge Marvin J. Garbis on 8/25/08. (hml, Deputy Clerk) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

RECAP
60

NOTICE of Appearance by Aderson Bellegarde Francois on behalf of all plaintiffs (Francois, Aderson) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER
61

MOTION to Withdraw as Attorney by Coalition for Equity and Excellence in Maryland Higher Education Responses due by 10/3/2008 (Francois, Aderson) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
62

Joint Correspondence re: Discovery Plan (Francois, Aderson) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

PACER
63

PAPERLESS ORDER GRANTING 62 Proposed Joint Discovery Plan. Signed by Judge Marvin J. Garbis on 10/17/08. (Garbis, Marvin) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
64

ORDER granting 61 Motion to Withdraw as Attorney. Attorney Robert Fulton Dashiell terminated. Signed by Judge Marvin J. Garbis on 10/20/08. (hmls, Deputy Clerk) (Entered: 10/23/2008)

Oct. 23, 2008

Oct. 23, 2008

PACER
65

MEMORANDUM to Counsel. Signed by Magistrate Judge Beth P. Gesner on 12/4/08. (hmls, Deputy Clerk) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER
66

MOTION for Extension of Time to Complete Discovery by Coalition for Equity and Excellence in Maryland Higher Education. Responses due by 3/27/2009 (Francois, Aderson) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

PACER
67

ORDER granting 66 Motion for Extension of Time to Complete Discovery. Signed by Judge Marvin J. Garbis on 3/10/09. (hmls, Deputy Clerk) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
68

NOTICE of Appearance by Michael D Jones on behalf of Coalition for Equity and Excellence in Maryland Higher Education. (hmls, Deputy Clerk) (Entered: 06/08/2009)

June 8, 2009

June 8, 2009

PACER
69

NOTICE of Appearance by Tricia Jefferson on behalf of Coalition for Equity and Excellence in Maryland Higher Education. (hmls, Deputy Clerk) (Entered: 06/08/2009)

June 8, 2009

June 8, 2009

PACER
70

MOTION to Appear Pro Hac Vice for Bettina Clark on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Filing fee $ 50, receipt number 14637034629. (hmls, Deputy Clerk) (Entered: 06/09/2009)

June 8, 2009

June 8, 2009

PACER
71

MOTION to Appear Pro Hac Vice for Henry Thompson, III on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Filing fee $ 50, receipt number 14637034629.(hmls, Deputy Clerk) (Entered: 06/09/2009)

June 8, 2009

June 8, 2009

PACER
72

MOTION to Appear Pro Hac Vice for Savaria Harris on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Filing fee $ 50, receipt number 14637034629. (hmls, Deputy Clerk) (Entered: 06/09/2009)

June 8, 2009

June 8, 2009

PACER
73

PAPERLESS ORDER granting 70 Motion to Appear Pro Hac Vice for attorney Bettina L. Clark on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney Bettina L. Clark to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp. Signed by Clerk on 06/12/09. (md, Deputy Clerk) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
74

PAPERLESS ORDER granting 72 Motion to Appear Pro Hac Vice for attorney Savaria B. Harris on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney Savaria B. Harris to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp. Signed by Clerk on 06/12/09. (md, Deputy Clerk) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
75

PAPERLESS ORDER granting 71 Motion to Appear Pro Hac Vice for attorney Henry Allen Thompson, II on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney Henry Allen Thompson, II to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp. Signed by Clerk on 06/12/09. (md, Deputy Clerk) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
76

NOTICE of Appearance by Sarah B Fabian on behalf of Coalition for Equity and Excellence in Maryland Higher Education. (hmls, Deputy Clerk) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
77

Correspondence from Clerk to Sarah Fabian, counsel for plaintiff, re: ECF Warning Letter. (hmls, Deputy Clerk) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
78

NOTICE by Coalition for Equity and Excellence in Maryland Higher Education NOTICE OF WITHDRAWAL OF APPEARANCE (Fabian, Sarah) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
79

NOTICE by Coalition for Equity and Excellence in Maryland Higher Education Notice of Withdrawal for Bettina Clark (Harris, Savaria) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER
80

MOTION for Leave to File Second Amended Complaint by Coalition for Equity and Excellence in Maryland Higher Education Responses due by 10/19/2009 (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Exhibit Redlined Second Amended Complaint)(Harris, Savaria) (Entered: 10/01/2009)

Oct. 1, 2009

Oct. 1, 2009

PACER

Miscellaneous Correspondence

Oct. 7, 2009

Oct. 7, 2009

PACER

Correspondence re: This is to advise that a hard copy of Plaintiffs' Motion for Leave to File Second Amended Complaint [Document 80] has not yet been provided to Chambers. The Rules clearly state that any document 15 pages or more in length must be sent to Chambers within 48 hours of Electronic Filing. Please deliver a complete copy to us immediately. Thank you. (jrw, Chambers)

Oct. 7, 2009

Oct. 7, 2009

PACER
81

MOTION to Appear Pro Hac Vice for David G. Cooper on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Filing fee $ 50, receipt number 14637037455.(hmls, Deputy Clerk) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
82

MOTION to Appear Pro Hac Vice for Jon M. Greenbaum on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Filing fee $ 50, receipt number 14637037455. (hmls, Deputy Clerk) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

PACER
83

PAPERLESS ORDER granting 81 Motion to Appear Pro Hac Vice for attorney David G Cooper on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney David G Cooper to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 10/19/09. (cmns, Deputy Clerk) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
84

PAPERLESS ORDER granting 82 Motion to Appear Pro Hac Vice for attorney Jon M Greenbaum on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney Jon M Greenbaum to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 10/19/09. (cmns, Deputy Clerk) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
85

Marginal ORDER granting 80 Motion of plaintiffs for Leave to File Second Amended Complaint. Signed by Judge Marvin J. Garbis on 10/19/09. (hmls, Deputy Clerk) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
86

SECOND AMENDED COMPLAINT against Maryland Higher Education Commission, James E. Lyons, Sr, Kevin M. O'Keefe filed by Muriel Thompson, Jomari Smith, Anthony Robinson, Wayne Beckles, Rahsaan Simon, David J. Burton, Coalition for Equity and Excellence in Maryland Higher Education. (Attachments: # 1 Redlined Version)(hmls, Deputy Clerk) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
87

MOTION to Appear Pro Hac Vice for John C. Brittain on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Filing fee $ 50, receipt number 14637037678. (hmls, Deputy Clerk) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

PACER
88

PAPERLESS ORDER granting 87 Motion to Appear Pro Hac Vice for attorney John C Brittain on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney John C Brittain to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 10/28/09. (cmns, Deputy Clerk) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

PACER

Case Details

State / Territory: Maryland

Case Type(s):

School Desegregation

Key Dates

Filing Date: Oct. 23, 2006

Closing Date: June 2, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit corporation dedicated to promoting equal treatment and reducing racial discrimination in Maryland higher education.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Maryland (Annapolis, Anne Arundel), State

Maryland Higher Education Commission (Annapolis, Anne Arundel), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $577,000,000

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Monitor/Master

Issues

General:

Disparate Treatment

Education

Funding

School/University policies

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run