Case: Dracut School Committee v. Massachusetts Department of Elementary and Secondary Education

Dracut School Committee v. Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education

Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.

Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.

Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.

Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.

COMPLAINT against Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education, P.A., C.A., filed by Dracut School Committee. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheets)(Abaid, Kimberly) (Additional attachment(s) added on 8/10/2009: # 3 Redacted Complaint) (Patch, Christine). Modified on 8/10/2009 to restrict access to personal identifiers (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 06/08/2009)

1 Exhibit 1

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2 Exhibit 1

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3 Redacted Complaint

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ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Bowler. (Abaid, Kimberly)

General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Abaid, Kimberly) (Entered: 06/08/2009)

Summons Issued as to Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education, P.A., C.A. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) Modified on 8/11/2009 (Patch, Christine). (Entered: 06/08/2009)

Filing fee/payment: $ 350.00, receipt number BST011043 for 1 Complaint, (Russo, Patricia)

SUMMONS Returned Executed Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Entered: 06/24/2009)

SUMMONS Returned Executed Massachusetts Department of Elementary and Secondary Education served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Entered: 06/24/2009)

SUMMONS Returned Executed C.A. served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Additional attachment(s) added on 8/10/2009: # 1 Redacted Summons) (Patch, Christine). Modified on 8/10/2009 to restrict access to personal identifiers (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 06/24/2009)

SUMMONS Returned Executed P.A served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Additional attachment(s) added on 8/10/2009: # 1 Redacted Summons) (Patch, Christine). Modified on 8/10/2009 to restrict access to personal identifiers (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 06/24/2009)

Assented to MOTION for Extension of Time to July 31, 2009 to File Answer by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 06/29/2009)

NOTICE of Appearance by Christine A. Baily on behalf of Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education (Baily, Christine) (Entered: 06/29/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 8 Assented to MOTION for Extension of Time to July 31, 2009 to File Answer by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education. Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education answer due 7/31/2009; Massachusetts Department of Elementary and Secondary Education answer due 7/31/2009. (Alba, Robert)

MOTION to Seal Case by P.A., C.A. (Attachments: # 1 Text of Proposed Order)(Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/02/2009)

MEMORANDUM in Support re 10 MOTION to Seal Case filed by P.A., C.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/02/2009)

NOTICE of Appearance by Pamela Coveny on behalf of P.A., C.A. (Coveney, Pamela) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/03/2009)

NOTICE of Appearance by Pamela Coveney on behalf of P.A., C.A. (Coveney, Pamela) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/03/2009)

NOTICE of Appearance by Janine A. Solomon on behalf of P.A, C.A. (Solomon, Janine) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/03/2009)

Notice of correction to docket made by Court staff. Correction: Document No. 13 corrected because: it was filed in error. Please refer to Document No. 14 for corrected filing (Patch, Christine)

ANSWER to 1 Complaint,, COUNTERCLAIM against Dracut School Committee by P.A., C.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Iverson, Matthew) (Additional attachment(s) added on 8/6/2009: # 4 Redacted Answer and Counterclaim, # 5 Exhibit A Redacted, # 6 Exhibit B Redacted, # 7 Exhibit C Redacted) (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 07/06/2009)

4 Redacted Answer and Counterclaim

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6 Exhibit A Redacted

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7 Exhibit B Redacted

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8 Exhibit C Redacted

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Judge Patti B. Saris: Electronic ORDER entered denying 10 Motion to Seal Pleadings. "However, the name of the child, the parents and all personal information shall be redacted. Legal argument shall remain in the public record." (Patch, Christine)

NOTICE of SCHEDULING CONFERENCE. Scheduling Conference set for 9/3/2009 at 2:30 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) (Entered: 07/07/2009)

General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Alba, Robert) (Entered: 07/07/2009)

MOTION for Clarification re Order on Motion to Seal Case, by P.A., C.A.(Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/09/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 18 Motion for Clarification. "The requested clarification is allowed." (Patch, Christine)

ELECTRONIC NOTICE OF RESCHEDULED SCHEDULING CONFERENCE. At the request of counsel, the Scheduling Conference previously set for 9/3/2009 has been RESCHEDULED to 9/1/2009 at 2:45 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert)

NOTICE of Appearance by Scott L. Machanic on behalf of Dracut School Committee (Machanic, Scott) (Entered: 07/20/2009)

Assented to MOTION for Extension of Time to August 3, 2009 to File Answer re 15 Answer to Complaint, Counterclaim by Dracut School Committee.(Machanic, Scott) (Entered: 07/20/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 20 Motion for Extension of Time to Answer. Dracut School Committee answer due 8/14/2009. (Alba, Robert)

NOTICE of Appearance by Daniel E. Rosenfeld on behalf of P.A., C.A. (Rosenfeld, Daniel) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/21/2009)

MOTION for Leave to File Amended Complaint by Dracut School Committee.(Rogers, Amy) (Entered: 07/29/2009)

AMENDED COMPLAINT against all defendants, filed by Dracut School Committee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rogers, Amy) (Entered: 07/29/2009)

2 Exhibit 1

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3 Exhibit 2

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RESPONSE to Motion re 22 MOTION for Leave to File Amended Complaint filed by P.A., C.A. (Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/30/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 22 Motion for Leave to File Amended Complaint; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Patch, Christine)

AMENDED COMPLAINT against all defendants Leave to file granted on August 5, 2009, filed by Dracut School Committee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rogers, Amy) (Entered: 08/06/2009)

ANSWER to 25 Amended Complaint, Amended COUNTERCLAIM against Dracut School Committee by P. A., C. A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Iverson, Matthew) (Entered: 08/13/2009)

First MOTION to Seal Document Administrative Record, First MOTION for Extension of Time to File Answer to Amended Complaint, First MOTION for Extension of Time to File Administrative Record by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 08/13/2009)

First MOTION to Dismiss by Dracut School Committee.(Machanic, Scott) (Entered: 08/14/2009)

MEMORANDUM in Support re 28 First MOTION to Dismiss filed by Dracut School Committee. (Machanic, Scott) (Entered: 08/14/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 27 Motion to File and Seal the Administrative Record and Transcript and for Extension of Time to Answer 25 Amended Complaint; Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education answer due 8/31/2009. (Patch, Christine)

CERTIFICATE OF CONSULTATION re 28 First MOTION to Dismiss. (Machanic, Scott) (Entered: 08/15/2009)

Assented to MOTION for Extension of Time to September 4, 2009 to File Response/Reply as to 28 First MOTION to Dismiss by P. A., C. A..(Iverson, Matthew) (Entered: 08/21/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 31 Assented to MOTION for Extension of Time to September 4, 2009 to File Response/Reply as to 28 First MOTION to Dismiss by P. A., C. A. Response due by 9/4/2009. (Alba, Robert)

MOTION for Leave to File Motion and Memorandum Under Seal by Dracut School Committee.(Lyons, Catherine) (Entered: 08/24/2009)

RESPONSE to Motion re 32 MOTION for Leave to File Motion and Memorandum Under Seal filed by P. A., C. A.. (Iverson, Matthew) (Entered: 08/24/2009)

NOTICE of Appearance by Anne C. Rosenberg on behalf of Dracut School Committee (Rosenberg, Anne) (Entered: 08/25/2009)

First JOINT STATEMENT re scheduling conference. (Baily, Christine) (Entered: 08/25/2009)

CERTIFICATE OF CONSULTATION Pursuant to Local Rule 16.1. (Baily, Christine) (Entered: 08/26/2009)

ANSWER to 25 Amended Complaint by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 08/26/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 32 Motion for Leave to File Motion for Additional Evidence and Time to Conduct Discovery and Supporting Memorandum under Seal. (Patch, Christine)

CERTIFICATION pursuant to Local Rule 16.1 by P. A., C. A..(Coveney, Pamela) (Entered: 08/27/2009)

SEALED MOTION by Dracut School Committee.(Patch, Christine) (Entered: 08/28/2009)

Sealed Memorandum in Support of 39 Sealed Motion. (Attachments: # 1 Exhibit 1-15)(Patch, Christine) (Entered: 08/28/2009)

CERTIFICATE OF CONSULTATION pursuant to L.R. 16.1. (Rogers, Amy) (Entered: 08/31/2009)

Judge Patti B. Saris: Electronic ORDER entered. REFERRING CASE to Magistrate Judge Marianne B. Bowler Referred for: Case Management Motions referred: 39 SEALED MOTION (Patch, Christine) Motions referred to Marianne B. Bowler.

TRANSCRIPT (Administrative Record) (Volumes I - IV). (Patch, Christine) (Entered: 08/31/2009)

CERTIFICATE OF CONSULTATION re 35 JOINT STATEMENT re scheduling conference By Defendant-in-Counterclaim. (Machanic, Scott) (Additional attachment(s) added on 8/31/2009: # 1 Correct Document) (Patch, Christine). (Entered: 08/31/2009)

CERTIFICATE OF SERVICE by P. A., C. A. re 38 Certification pursuant to Local Rule 16.1. (Coveney, Pamela) (Entered: 08/31/2009)

Assented to MOTION for Extension of Time to October 16, 2009 to File Response/Reply as to 40 Sealed Document, 39 SEALED MOTION by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 08/31/2009)

MOTION for Extension of Time to October 16, 2009 to File Response/Reply as to 39 SEALED MOTION by P. A., C. A..(Iverson, Matthew) (Entered: 08/31/2009)

Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Scheduling Conference held on 9/1/2009. Plaintiff's motion to be filed by 10/15/2009. Opposition by 12/1/2009. Reply by 12/15/2009. Surreply by 1/8/2010. Hearing/Pretrial Conference set for 1/21/2010 at 2:00 PM in Courtroom 19 before Judge Patti B. Saris. Court directs the parties to pursue mediation at the BSEA. Court refers case to U.S. District Court's mediation program for global settlement purposes in early October, 2009. (Attorneys present: Rogers, Lyons, Rosenfeld, Iverson, Baily, Solomon, Coveney) (Alba, Robert)

Judge Patti B. Saris: ORDER entered REFERRING CASE to Alternative Dispute Resolution in early October, 2009.(Alba, Robert) (Entered: 09/01/2009)

Judge Patti B. Saris: Electronic ORDER entered Vacating 8/31/09 Electronic ORDER REFERRING CASE to Magistrate Judge Marianne B. Bowler for ruling on 39 SEALED MOTION. (Alba, Robert)

Judge Patti B. Saris: Electronic ORDER entered granting as stated in court 39 Sealed Motion. (Gaudet, Jennifer)

Judge Patti B. Saris: Electronic ORDER entered finding as moot 45 Motion for Extension of Time to File Response/Reply ; finding as moot 46 Motion for Extension of Time to File Response/Reply (Gaudet, Jennifer)

Case no longer referred to Magistrate Judge Marianne B. Bowler. (Gaudet, Jennifer)

ELECTRONIC NOTICE of assignment to ADR Provider. Chief Magistrate Judge Judith G. Dein appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne)

Opposition re 28 First MOTION to Dismiss filed by P. A., C. A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Iverson, Matthew) (Entered: 09/04/2009)

ELECTRONIC NOTICE OF AND ORDER REGARDING ADR CONFERENCE: Mediation before Ch. Magistrate Judge Dein set for Friday, November 6, 2009, at 10:00AM in Courtroom #15 on the 5th Floor. Counsel are directed to be present with their clients or representatives thereof with full settlement authority. No later than three days before the conference, each party shall submit (by mail or hand delivery) to Judge Dein a brief memorandum marked "Confidential - Not for Docketing" addressing the party's position on the merits of the case and on settlement. If you believe the case is not ripe for mediation at this time, please notify opposing counsel and the court as soon as possible. (Dambrosio, Jolyne)

Judge Patti B. Saris: Electronic ORDER entered granting 28 Motion to Dismiss (Patch, Christine)

Judge Patti B. Saris: ORDER entered. JUDGMENT in favor of Dracut School Committee against the Parent and Student, as to Count 1 of the counterclaim. (Patch, Christine) (Entered: 09/15/2009)

Letter/request (non-motion) from Pamela J. Coveney and Amy M. Rogers. (Attachments: # 1 Exhibit attached letter from BSEA)(Coveney, Pamela) (Entered: 09/15/2009)

ANSWER to 26 Answer to Amended Complaint, Counterclaim by Dracut School Committee.(Machanic, Scott) (Entered: 09/16/2009)

MOTION for Clarification re 50 Judgment or, in the Alternative, for Certification Pursuant to Rule 54(b) by P. A., C. A..(Iverson, Matthew) (Entered: 09/24/2009)

MEMORANDUM in Support re 52 MOTION for Clarification re 50 Judgment or, in the Alternative, for Certification Pursuant to Rule 54(b) filed by P. A., C. A.. (Attachments: # 1 Exhibit A)(Iverson, Matthew) (Entered: 09/24/2009)

Opposition re 52 MOTION for Clarification re 50 Judgment or, in the Alternative, for Certification Pursuant to Rule 54(b) filed by Dracut School Committee. (Machanic, Scott) (Entered: 09/29/2009)

MOTION to Seal Document Or Redact Summary Judgment Papers by P. A., C. A..(Iverson, Matthew) (Entered: 10/01/2009)

MEMORANDUM in Support re 55 MOTION to Seal Document Or Redact Summary Judgment Papers filed by P. A., C. A.. (Attachments: # 1 Exhibit A-F)(Iverson, Matthew) (Entered: 10/01/2009)

Assented to MOTION for Extension of Time to October 1, 2009 for the filing of the Supplemental Administrative Record and Transcript by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) Modified on 10/13/2009 to correct event. (Patch, Christine). (Entered: 10/01/2009)

NOTICE OF MANUAL FILING by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education Supplemental Administrative Record Transcript for June 19, 2009 Compliance Hearing re 57 Assented to MOTION for Extension of Time to October 1, 2009 to File Answer re 25 Amended Complaint for the filing of the Supplemental Administrative Record and TranscriptAssented to MOTION for Extension of Time to October 1, 2009 to File Answer re 25 Amended Complaint for the filing of the Supplemental Administrative Record and Transcript (Baily, Christine) (Entered: 10/01/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 57 Motion for Extension of Time for the Filing of the Supplemental Administrative Record and Transcript for the June 19, 2009 Compliance Hearing. (Patch, Christine)

Judge Patti B. Saris: Electronic ORDER entered re 55 Motion to Redact or Seal Summary Judgment Papers. "I decline to seal the papers in their entirety but confidential information can be redacted from the public record." (Patch, Christine)

NOTICE OF APPEAL as to 50 Judgment by P. A., C. A. Filing fee $ 455, receipt number 01010000000002619030 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 11/2/2009. (Iverson, Matthew) (Entered: 10/12/2009)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 59 Notice of Appeal, (Ramos, Jeanette) (Entered: 10/13/2009)

USCA Case Number 09-2404 for 59 Notice of Appeal, filed by C. A., P. A. (Ramos, Jeanette)

Assented to MOTION for Extension of Time to October 22, 2009 to File Summary Judgment Papers by Dracut School Committee.(Lyons, Catherine) (Entered: 10/14/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 61 Assented to MOTION for Extension of Time to October 22, 2009 to File Summary Judgment Papers by Dracut School Committee. (Alba, Robert)

Supplemental Administrative Record Transcript of Proceedings held on June 19, 2009 before William Crane. (Patch, Christine) (Entered: 10/15/2009)

Assented to MOTION for Extension of Time to October 28, 2009 to Complete Discovery by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 10/15/2009)

Supplemental Record on Appeal transmitted to US Court of Appeals re 59 Notice of Appeal, Documents included: 62 (Ramos, Jeanette) (Entered: 10/15/2009)

Judge Patti B. Saris: Electronic ORDER entered granting 63 Motion for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Requests for Production of Documents. (Patch, Christine)

MOTION for Clarification of Court's Order of October 13, 2009 by Dracut School Committee.(Lyons, Catherine) (Entered: 10/19/2009)

MEMORANDUM in Support re 65 MOTION for Clarification of Court's Order of October 13, 2009 filed by Dracut School Committee. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three, # 4 Exhibit Four, # 5 Exhibit Five)(Lyons, Catherine) (Entered: 10/19/2009)

Opposition re 65 MOTION for Clarification of Court's Order of October 13, 2009 filed by P. A., C. A.. (Iverson, Matthew) (Additional attachment(s) added on 10/20/2009: # 1 Corrected Document). Modified on 10/20/2009 to add corrected pleading (Patch, Christine). (Entered: 10/20/2009)

Judge Patti B. Saris: Electronic ORDER entered re 65 Motion for Clarification re Order on Motion to Seal Documents. "I refer all disputes over confidentiality to the Magistrate Judge. To the extent there is a dispute, redacted memos shall be filed. When the Magistrate Judge rules on confidentiality disputes, the memo shall be refiled consistent with the rulings. Remember, there is a presumption of openness. To the extent P.A. and C.A. have publicly disclosed information on the internet, they have waived privacy." (Patch, Christine)

Assented to MOTION to Continue Alternative Dispute Resolution to November 16, 2009 by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 10/27/2009)

Judge Patti B. Saris: Electronic ORDER entered. REFERRING CASE to Magistrate Judge Marianne B. Bowler Referred for: Full Pretrial Case Management, not including Dispositive Motions. (Patch, Christine)

ELECTRONIC NOTICE of Hearing: Status Conference set for 11/30/2009 at 2:30 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Duffy, Marc)

Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting 68 Assented to Motion to Continue. Mediation reset for 11/16/2009 10:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. The parties' confidential memoranda shall be submitted to Magistrate Judge Dein no later than three (3) days before the conference. (Dambrosio, Jolyne)

Supplemental Record on Appeal transmitted to US Court of Appeals re 59 Notice of Appeal, Documents included: Sealed Documents 39, 40 (Ramos, Jeanette) (Entered: 11/04/2009)

REPORT of Alternative Dispute Resolution Provider. There was progress. The parties are to report back to the court by Friday, November 20, 2009, at which time the court will schedule a further session if appropriate. (Irwin, Nancy) (Entered: 11/17/2009)