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Case: K.O. v. Mueller

0:21-cv-01837 | U.S. District Court for the District of Minnesota

Filed Date: Aug. 12, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 12, 2021, the Minnesota P&A (the Minnesota Disability Law Center), filed this class action lawsuit in the Minnesota federal district court against the State of Minnesota and its Department of Education on behalf of a young man with intellectual disabilities. It challenged a Minnesota’s statute that ended special education eligibility on July 1 of the year a student turns 21. Jason Kim, of Schneider Wallace Cottrell Konecky LLP,  was pro bono co-counsel with the P&A. The plaintiff cont…

On August 12, 2021, the Minnesota P&A (the Minnesota Disability Law Center), filed this class action lawsuit in the Minnesota federal district court against the State of Minnesota and its Department of Education on behalf of a young man with intellectual disabilities. It challenged a Minnesota’s statute that ended special education eligibility on July 1 of the year a student turns 21. Jason Kim, of Schneider Wallace Cottrell Konecky LLP,  was pro bono co-counsel with the P&A. The plaintiff contended that the state statute on special education age of eligibility conflicted with the federal Individuals with Disabilities Education Act (IDEA), which ensures special education services through age 21 to eligible students. The lawsuit sought a change in Minnesota law and compensatory education services for students who were terminated early from special education services pursuant to state law. The case was assigned to District Judge Patrick J. Schiltz.

After a year of litigation over discovery, in September of 2022 parties stipulated to the certification of a class of individuals who received services under IDEA, who turned 21 after 2019, and who lost access to their services prior to completing their high school diploma or GED. The case remains pending. 

 

Summary Authors

Dan Stewart (5/26/2022)

NDRN (8/17/2022)

Documents in the Clearinghouse

Document
1

0:21-cv-01837

Class Action Complaint for Declaratory and Injunctive Relief

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

Aug. 12, 2021

Aug. 12, 2021

Complaint
11

0:21-cv-01837

Amended Class Action Complaint for Declaratory and Injunctive Relief

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

Sept. 17, 2021

Sept. 17, 2021

Complaint
43

0:21-cv-01837

Order Granting Class Certification

Sept. 29, 2022

Sept. 29, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60198869/ko-v-mueller/

Last updated Oct. 15, 2022, 4:57 p.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

Aug. 12, 2021

Aug. 12, 2021

Clearinghouse
2

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

Aug. 12, 2021

Aug. 12, 2021

PACER
3

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)

Aug. 13, 2021

Aug. 13, 2021

PACER
4

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

Aug. 13, 2021

Aug. 13, 2021

PACER
5

(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)

Aug. 13, 2021

Aug. 13, 2021

PACER
6

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)

Aug. 16, 2021

Aug. 16, 2021

PACER
7

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)

Aug. 18, 2021

Aug. 18, 2021

PACER

Order on Motion for Admission Pro Hac Vice

Aug. 18, 2021

Aug. 18, 2021

PACER
8

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

Aug. 27, 2021

Aug. 27, 2021

PACER
9

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

Aug. 27, 2021

Aug. 27, 2021

PACER
10

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)

Aug. 27, 2021

Aug. 27, 2021

PACER
11

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

Sept. 17, 2021

Sept. 17, 2021

Clearinghouse
12

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

Sept. 20, 2021

Sept. 20, 2021

PACER
13

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)

Sept. 27, 2021

Sept. 27, 2021

PACER
14

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)

Oct. 25, 2021

Oct. 25, 2021

PACER
15

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

Dec. 3, 2021

Dec. 3, 2021

PACER
16

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

Dec. 10, 2021

Dec. 10, 2021

PACER
17

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)

Dec. 10, 2021

Dec. 10, 2021

PACER
18

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

Jan. 5, 2022

Jan. 5, 2022

PACER
19

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

Jan. 5, 2022

Jan. 5, 2022

PACER
20

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

Jan. 10, 2022

Jan. 10, 2022

PACER
21

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

Feb. 11, 2022

Feb. 11, 2022

PACER
22

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

Feb. 11, 2022

Feb. 11, 2022

PACER
23

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

April 11, 2022

April 11, 2022

PACER
24

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

April 12, 2022

April 12, 2022

PACER
25

(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)

April 12, 2022

April 12, 2022

PACER

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

April 12, 2022

April 12, 2022

PACER
26

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

April 13, 2022

April 13, 2022

PACER
27

(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)

April 19, 2022

April 19, 2022

PACER

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

April 19, 2022

April 19, 2022

PACER
28

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

May 19, 2022

May 19, 2022

PACER
29

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

May 19, 2022

May 19, 2022

PACER
30

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)

May 23, 2022

May 23, 2022

PACER
31

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)

June 3, 2022

June 3, 2022

PACER
32

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

Sept. 7, 2022

Sept. 7, 2022

PACER
33

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)

Sept. 7, 2022

Sept. 7, 2022

PACER
34

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)

Sept. 7, 2022

Sept. 7, 2022

PACER
35

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)

Sept. 7, 2022

Sept. 7, 2022

PACER
36

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)

Sept. 7, 2022

Sept. 7, 2022

PACER
37

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

Sept. 7, 2022

Sept. 7, 2022

PACER
38

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)

Sept. 7, 2022

Sept. 7, 2022

PACER
39

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

Sept. 23, 2022

Sept. 23, 2022

PACER
40

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

Sept. 23, 2022

Sept. 23, 2022

PACER
41

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

Sept. 28, 2022

Sept. 28, 2022

PACER
42

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)

Sept. 28, 2022

Sept. 28, 2022

PACER
43

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)

Sept. 29, 2022

Sept. 29, 2022

Clearinghouse
44

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

Sept. 29, 2022

Sept. 29, 2022

PACER

Order Cancelling Deadline & Hearing

Sept. 29, 2022

Sept. 29, 2022

PACER
45

(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)

Oct. 4, 2022

Oct. 4, 2022

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Disability Rights

Education

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 12, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Minnesotans who would qualify for special education services under federal law until they are 22, but who state law excludes because of when they turned 21.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Minnesota, State

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

Government services

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Special education

Disability:

disability, unspecified

Type of Facility:

Government-run