Case: K.O. v. Mueller

K.O. by and through his parent and guardian J.O. v. Heather Mueller, Commissioner of the Minnesota Department of Education

K.O. by and through his parent and guardian J.O. v. Heather Mueller, Commissioner of the Minnesota Department of Education

COMPLAINT against Heather Mueller (filing fee $ 402, receipt number AMNDC-8948991) filed by K.O.. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Stewart, Daniel) (Entered: 08/12/2021)

1 Civil Cover Sheet

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NOTICE of Appearance by Daniel J Stewart on behalf of K.O.. (Stewart, Daniel) (Entered: 08/12/2021)

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per 3rd, 4th - Civil Rights list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 21-cv-1837 (PJS/ECW). (KNK) (Entered: 08/13/2021)

Summons Issued as to Heather Mueller. (KNK) (Entered: 08/13/2021)

(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Jason H. Kim, Kelsey Mize as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (MTP) (Entered: 08/13/2021)

MOTION for Admission Pro Hac Vice for Attorney Jason Kim. Filing fee $ 100, receipt number AMNDC-8953881 filed by K.O.. (Stewart, Daniel) (Entered: 08/16/2021)

TEXT ONLY ENTRY: ORDER granting 6 Motion for Admission Pro Hac Vice of Attorney Jason Kim for K.O. Approved by Magistrate Judge Elizabeth Cowan Wright on 8/18/2021. (NAH) (Entered: 08/18/2021)

Order on Motion for Admission Pro Hac Vice

STIPULATION for Extension of Time to Respond to Complaint by Heather Mueller. (Casserly, Martha) (Entered: 08/27/2021)

PROPOSED ORDER TO JUDGE re 8 Stipulation. (Casserly, Martha) (Entered: 08/27/2021)

ORDER on 8 Stipulation. Heather Mueller response due 9/20/2021. Signed by Magistrate Judge Elizabeth Cowan Wright on 8/27/2021.(TMA) (Entered: 08/27/2021)

AMENDED COMPLAINT against Heather Mueller. filed by K.O.. Filer requests summons issued. (Stewart, Daniel) (Entered: 09/17/2021)

ANSWER to 11 Amended Complaint filed by Heather Mueller. (Casserly, Martha) (Entered: 09/20/2021)

ORDER/NOTICE: Rule 26 Meeting Report due by 10/28/2021. Pretrial Conference set for 11/4/2021 at 10:00 AM before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 9/27/2021. (Attachments: # 1 Consent Form)(TMA) (Entered: 09/27/2021)

ORDER/NOTICE OF RESCHEDULED PRETRIAL CONFERENCE: Rule 26 Meeting Report due by 12/3/2021. Pretrial Conference set for 12/10/2021 at 11:00 AM before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 10/25/2021. (Attachments: # 1 Consent Form)(TMA) (Entered: 10/25/2021)

REPORT Rule 26(f) by Heather Mueller. (Casserly, Martha) (Entered: 12/03/2021)

Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Initial Pretrial Conference held on 12/10/2021. (TMA) (Entered: 12/10/2021)

SCHEDULING ORDER: Status Conference set for 4/12/2022 at 10:00 AM before Magistrate Judge Elizabeth Cowan Wright. Amended Pleadings due by 12/17/2021. Fact Discovery due by 6/1/2022. Expert Discovery due by 9/1/2022. Motions (non-disp) due 6/15/2022. Motions (disp) due by 11/10/2022. Ready for trial due by 3/10/2023. Signed by Magistrate Judge Elizabeth Cowan Wright on 12/10/2021.(TMA) (Entered: 12/10/2021)

DISCLOSURES Plaintiffs' Initial Disclosures by K.O..(Stewart, Daniel) (Entered: 01/05/2022)

DISCLOSURES by Heather Mueller.(Casserly, Martha) (Entered: 01/05/2022)

STIPULATION re 17 Scheduling Order, by Heather Mueller. (Casserly, Martha) (Entered: 01/10/2022)

REQUEST for Production of Documents by K.O..(Stewart, Daniel) (Entered: 02/11/2022)

INTERROGATORIES Propounded to Defendant by K.O..(Stewart, Daniel) (Entered: 02/11/2022)

NOTICE OF ATTORNEY SUBSTITUTION for K.O.. (Peterson, Sonja) (Entered: 04/11/2022)

Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Status Conference held on 4/12/2022. (TMA) (Entered: 04/12/2022)

(Text-Only) ORDER/NOTICE: Status Conference set for 6/3/2022 at 09:00 AM before Magistrate Judge Elizabeth Cowan Wright. Ordered by Magistrate Judge Elizabeth Cowan Wright on 4/12/2022.(TMA) (Entered: 04/12/2022)

Order/Notice of Hearing/Deadlines (Setting/Resetting)

PROTECTIVE ORDER Signed by Magistrate Judge Elizabeth Cowan Wright on 4/13/2022.(TMA) (Entered: 04/13/2022)

(Text-Only) ORDER/NOTICE:The Status Conference set for 6/3/2022 will begin at 02:00 PM rather than 9:00 AM before Magistrate Judge Elizabeth Cowan Wright. Ordered by Magistrate Judge Elizabeth Cowan Wright on 4/19/2022.(TMA) (Entered: 04/19/2022)

Order/Notice of Hearing/Deadlines (Setting/Resetting)

STIPULATION Stipulation to Amend Pretrial Scheduling Order by K.O.. Jointly Signed by Defendant. (Kim, Jason) (Entered: 05/19/2022)

PROPOSED ORDER TO JUDGE re Stipulation to Amend Pretrial Scheduling Order 28 Stipulation. (Kim, Jason) (Entered: 05/19/2022)

ORDER on 28 Stipulation. Fact Discovery due by 7/1/2022. Expert Discovery due by 9/30/2022. Motions (non-disp) due 7/15/2022. Motions (disp) due by 12/9/2022. Ready for trial due by 4/9/2023. Signed by Magistrate Judge Elizabeth Cowan Wright on 5/23/2022.(TMA) (Entered: 05/23/2022)

Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Status Conference held on 6/3/2022. The Court held a status conference regarding discovery and the potential legislative resolution. See ORDER for details and deadlines. (TMA) (Entered: 06/03/2022)

MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by K.O.. (Kim, Jason) (Entered: 09/07/2022)

NOTICE OF HEARING ON MOTION 32 MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION : Motion Hearing set for 10/19/2022 at 08:30 AM in Courtroom 15 (MPLS) before Chief Judge Patrick J. Schiltz. (Kim, Jason) Modified text on 9/8/2022 (CLG). (Entered: 09/07/2022)

MEMORANDUM in Support re 32 MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by K.O.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kim, Jason) (Entered: 09/07/2022)

Declaration of Jason H. Kim in Support of 32 MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by K.O.. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Kim, Jason) (Entered: 09/07/2022)

Declaration of Sonja D. Peterson in Support of 32 MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by K.O..(Kim, Jason) (Entered: 09/07/2022)

MEET and CONFER STATEMENT re 32 Motion to Certify Class filed by K.O..(Kim, Jason) (Entered: 09/07/2022)

PROPOSED ORDER TO JUDGE re 32 MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by K.O..(Kim, Jason) (Entered: 09/07/2022)

STIPULATION of Dismissal for R.S. as Plaintiff and Class Representative by K.O.. (Peterson, Sonja) (Entered: 09/23/2022)

ORDER DISMISSING R.S. Signed by Chief Judge Patrick J. Schiltz on 9/23/2022.(CLG) (Entered: 09/23/2022)

STIPULATION re 32 MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Heather Mueller. (Sloan, Alexander) (Entered: 09/28/2022)

PROPOSED ORDER TO JUDGE re 32 MOTION to Certify Class PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Heather Mueller.(Sloan, Alexander) (Entered: 09/28/2022)

ORDER granting 32 Motion to Certify Class as modified by stipulation 41 . Signed by Chief Judge Patrick J. Schiltz on 9/29/2022. (ecw) (Entered: 09/29/2022)

(Text-Only) The October 19, 2022 hearing on plaintiffs' motion for class certification 32 is CANCELED. (ecw) (Entered: 09/29/2022)

Order Cancelling Deadline & Hearing

(Text-Only) CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Dulce J. Foster, this case is reassigned to her. Magistrate Judge Elizabeth Cowan Wright is no longer assigned to the case. NOTE: the new case number is 21-cv-1837 PJS/DJF. Please use this case number for all subsequent filings. Scheduling orders entered before this case was reassigned will remain in effect unless otherwise ordered by the Court. If a previously scheduled proceeding conflicts with an event already on Magistrate Judge Foster's schedule, the parties will be contacted, and a new date and time agreed upon. Magistrate Judge Foster's practice pointers are available on the Court's website. Please contact Magistrate Judge Foster's chambers, at 651-848-1900, for scheduling or other matters. (kt) (Entered: 10/04/2022)

(Text-Only) ORDER FOR PARTY TO RESPOND TO COURT: Counsel are directed to submit a joint letter by email to chambers no later than 10/26/2022 updating Judge Foster on the status of the case, including the parties' progress in discovery and settlement negotiations and the parties' views on timing for a settlement conference or private mediation. The letter should be emailed to foster_chambers@mnd.uscourts.gov. Ordered by Magistrate Judge Dulce J. Foster on 10/18/2022.(LNP) (Entered: 10/18/2022)

Order for Party to File Document/Respond to Court

Joint MOTION to Alter/Amend/Correct Other Orders 30 Order on Stipulation, JOINT MOTION TO AMEND THE SCHEDULING ORDER filed by K.O.. (Attachments: # 1 Proposed Order)(Kim, Jason) (Entered: 11/16/2022)

ORDER ON JOINT MOTION TO AMEND THE SCHEDULING ORDER: Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT the parties' Joint Motion to Amend the Scheduling Order (ECF No. 47 ) is GRANTED IN PART as follows:The Amended Pretrial Scheduling Order (ECF No. 30 ) is modified as follows: a. All dispositive motions (notice of motion, motion, memorandum of law, affidavits, and proposed order) shall be filed, served, and heard on or before March 6, 2023.b. This case will be ready for a bench trial on July 6, 2023.All other deadlines in the Pretrial Scheduling Order (ECF No. 17 ), as amended by the Amended Pretrial Scheduling Order (ECF No. 30 ), shall remain unchanged. Signed by Magistrate Judge Dulce J. Foster on 11/18/2022.(LNP) (Entered: 11/18/2022)

BRIEFING ORDER. See order for dates and details. Signed by Chief Judge Patrick J. Schiltz on 11/18/2022.(CLG) (Entered: 11/18/2022)

STIPULATION RE: SECOND AMENDED COMPLAINT AND AMENDED ORDER GRANTING CLASS CERTIFICATION by K.O.. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Kim, Jason) (Entered: 01/06/2023)

PROPOSED ORDER TO JUDGE re 50 Stipulation. (Kim, Jason) (Entered: 01/06/2023)

ORDER on 50 Stipulation. Signed by Chief Judge Patrick J. Schiltz on 1/9/2023.(CLG) (Entered: 01/09/2023)

AMENDED COMPLAINT Second Amended Class Action Complaint for Declaratory and Injunctive Relief against Willie L. Jett, II. filed by K.O.. No summons requested. (Kim, Jason) (Entered: 01/10/2023)

MOTION for Summary Judgment filed by K.O.. (Kim, Jason) (Entered: 01/17/2023)

NOTICE OF HEARING ON MOTION 54 MOTION for Summary Judgment : Motion Hearing set for 3/6/2023 at 08:30 AM before Chief Judge Patrick J. Schiltz. (Kim, Jason) (Entered: 01/17/2023)

MEMORANDUM in Support re 54 MOTION for Summary Judgment filed by K.O..(Kim, Jason) (Entered: 01/17/2023)

Declaration of Jason H. Kim in Support of 54 MOTION for Summary Judgment filed by K.O.. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E)(Kim, Jason) (Entered: 01/17/2023)

PROPOSED ORDER TO JUDGE re 54 MOTION for Summary Judgment filed by K.O..(Kim, Jason) (Entered: 01/18/2023)

ANSWER to 53 Amended Complaint filed by Willie L. Jett, II. (Casserly, Martha) (Entered: 01/24/2023)

MOTION for Summary Judgment filed by Willie L. Jett, II. (Sloan, Alexander) (Entered: 01/30/2023)

NOTICE OF HEARING ON MOTION 60 MOTION for Summary Judgment : Motion Hearing set for 3/6/2023 at 08:30 AM in Courtroom 15 (MPLS) before Chief Judge Patrick J. Schiltz. (Sloan, Alexander) (Entered: 01/30/2023)

MEMORANDUM in Support re 60 MOTION for Summary Judgment, 54 MOTION for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment filed by Willie L. Jett, II.(Sloan, Alexander) (Entered: 01/30/2023)

Declaration of Alec Sloan in Support of 60 MOTION for Summary Judgment filed by Willie L. Jett, II. (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2)(Sloan, Alexander) (Entered: 01/30/2023)

PROPOSED ORDER TO JUDGE re 60 MOTION for Summary Judgment filed by Willie L. Jett, II.(Sloan, Alexander) (Entered: 01/30/2023)

MEMORANDUM in Opposition re 60 MOTION for Summary Judgment and In Reply to Defendant's Opposition to Plaintiffs' Motion for Summary Judgment filed by K.O.. (Attachments: # 1 Word Count Compliance Certificate)(Kim, Jason) (Entered: 02/13/2023)

Reply to Response to Motion re 60 MOTION for Summary Judgment, 54 MOTION for Summary Judgment filed by Willie L. Jett, II. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sloan, Alexander) (Entered: 02/27/2023)

Minute Entry for proceedings held before Chief Judge Patrick J. Schiltz: Motion Hearing held on 3/6/2023 re 60 MOTION for Summary Judgment filed by Willie L. Jett, II, 54 MOTION for Summary Judgment filed by K.O. Motions taken under advisement, written order forthcoming. (Court Reporter Paula Richter) (CLG) (Entered: 03/06/2023)

LETTER TO DISTRICT JUDGE by Willie L. Jett, II . (Sloan, Alexander) (Entered: 06/02/2023)

ORDER. IT IS HEREBY ORDERED THAT: 1. Plaintiffs' motion for summary judgment 54 is GRANTED to the extent described in this order. 2. The Court DECLARES that the version of Minn. Stat. § 125A.03(b) that was in effect until July 1, 2023, violated the Individuals with Disabilities Education Act (specifically, 20 U.S.C. § 1412) insofar as that version of Minn. Stat. § 125A.03(b) denied special education to students with disabilities who had not received high-school diplomas and who had not yet reached the age of 22. 3. The Court ORDERS defendant Commissioner of the Minnesota Department of Education of the State of Minnesota to provide compensatory education to class members who turned 21 years of age prior to July 1, 2022. 4. Defendant's motion for summary judgment 60 is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Chief Judge Patrick J. Schiltz on 8/25/2023. (CLG) (Entered: 08/25/2023)

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(ABR) (Entered: 08/28/2023)

STIPULATION TO CONTINUANCE OF MOTION FOR ATTORNEYS FEES AND COSTS by K.O.. (Peterson, Sonja) (Entered: 09/08/2023)

PROPOSED ORDER TO JUDGE re CONTINUANCE OF MOTION FOR ATTORNEYS FEES AND COSTS 71 Stipulation. (Peterson, Sonja) (Entered: 09/08/2023)

ORDER on 71 Stipulation for Continuance of Motion for Attorneys' Fees and Costs. Signed by Chief Judge Patrick J. Schiltz on 9/11/2023.(CLG) (Entered: 09/11/2023)

STIPULATION TO CONTINUANCE OF MOTION FOR ATTORNEYS FEES AND COSTS by K.O.. Jointly Signed by Willie L. Jett, II. (Peterson, Sonja) (Entered: 09/27/2023)

PROPOSED ORDER TO JUDGE re 74 Stipulation. (Peterson, Sonja) (Entered: 09/27/2023)

ORDER on 74 Stipulation for Continuance of Motion for Attorneys' Fees and Costs. Signed by Chief Judge Patrick J. Schiltz on 9/28/2023.(CLG) (Entered: 09/28/2023)

STIPULATION TO CONTINUANCE OF MOTION FOR ATTORNEYS FEES AND COSTS by K.O.. (Peterson, Sonja) (Entered: 10/23/2023)

PROPOSED ORDER TO JUDGE re 77 Stipulation. (Peterson, Sonja) (Entered: 10/23/2023)

(Text-Only) ORDER/NOTICE IN RESPONSE TO 77 Stipulation for Continuance: If the parties have not filed a stipulation regarding Plaintiff's claim for Attorneys' Fees and Costs on or before 11/13/2023, they shall appear for a status conference on 11/13/2023 via ZOOM VIDEO at 9:00 AM, CT before Magistrate Judge Dulce J. Foster to discuss the status of the negotiations and reasons for the length of time requested. Ordered by Magistrate Judge Dulce J. Foster on 10/24/2023.(LNP) (Entered: 10/24/2023)

(Text-Only) AMENDED ORDER/NOTICE IN RESPONSE TO 77 Stipulation for Continuance: If the parties have not filed a stipulation regarding Plaintiff's claim for Attorneys' Fees and Costs on or before 11/13/2023, they shall appear for a status conference on 11/13/2023 in Courtroom 8E (MPLS) at 9:00 AM, CT before Magistrate Judge Dulce J. Foster to discuss the status of the negotiations and reasons for the length of time requested. Ordered by Magistrate Judge Dulce J. Foster on 10/24/2023.(LNP) (Entered: 10/24/2023)

Order/Notice of Hearing/Deadlines (Setting/Resetting)

NOTICE of Appearance by Maren Hulden on behalf of All Plaintiffs. (Hulden, Maren) (Entered: 10/31/2023)

NOTICE of Appearance by Joseph D Weiner on behalf of Willie L. Jett, II. (Weiner, Joseph) (Entered: 10/31/2023)

STIPULATION REGARDING PLAINTIFFS MOTION FOR ATTORNEYS FEES AND COSTS by K.O.. (Peterson, Sonja) (Entered: 11/10/2023)

MOTION for Attorney Fees through 09-30-23 filed by K.O.. (Peterson, Sonja) (Entered: 11/10/2023)

DECLARATION of Jason H. Kim re 84 MOTION for Attorney Fees through 09-30-23 by K.O. . (Peterson, Sonja) (Entered: 11/10/2023)

EXHIBIT A to Declaration of Jason H. Kim in Support of re 84 MOTION for Attorney Fees through 09-30-23 filed by K.O..(Peterson, Sonja) (Entered: 11/10/2023)

Declaration of Maren Hulden in Support of 84 MOTION for Attorney Fees through 09-30-23 filed by K.O.. (Attachments: # 1 Exhibit(s) Exhibit B, # 2 Exhibit(s) Exhibit C, # 3 Exhibit D)(Peterson, Sonja) (Entered: 11/10/2023)

MEMORANDUM in Support re 84 MOTION for Attorney Fees through 09-30-23 filed by K.O..(Peterson, Sonja) (Entered: 11/10/2023)

PROPOSED ORDER TO JUDGE re 83 Stipulation. (Peterson, Sonja) (Entered: 11/10/2023)

(Text-Only) MINUTE ENTRY for proceedings held before Magistrate Judge Dulce J. Foster on 11/13/2023: Status Conference.Court Reporter: Renee RoggeMinneapolis Courthouse, Courtroom 8ETime: 9:03 AM - 9:13 AMAPPEARANCES:For Plaintiff(s): Maren Hulden; Sonja Dunnwald PetersonFor Defendant(s): Joseph D. Weiner PROCEEDINGS: Discussion held regarding settlement. (LNP) (Entered: 11/13/2023)

(Text-Only) ORDER FOR PARTY TO RESPOND TO COURT: Counsel are directed to submit a joint settlement status letter by email to chambers no later than December 13, 2023 updating Judge Foster on the status of the parties' settlement negotiations and the anticipated date by which they expect to file a stipulation of dismissal. The letter should be emailed to foster_chambers@mnd.uscourts.gov. Ordered by Magistrate Judge Dulce J. Foster on 11/13/2023.(LNP) (Entered: 11/13/2023)

ORDER granting 84 Motion for Attorney Fees by Stipulation 83 . Signed by Chief Judge Patrick J. Schiltz on 11/13/2023. (CLG) (Entered: 11/13/2023)

Order for Party to File Document/Respond to Court

(Text-Only) ORDER in Response to Joint Settlement Status Letter: Counsel are directed to submit a joint settlement status letter by email to chambers no later than January 12, 2024 updating Judge Foster on the status of the parties' settlement negotiations and the anticipated date by which they expect to file a stipulation of dismissal. The letter should be emailed to foster_chambers@mnd.uscourts.gov. Ordered by Magistrate Judge Dulce J. Foster on 12/13/2023.(LNP) (Entered: 12/13/2023)