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

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 Minnesota federal district court against the State of Minnesota and its State Department of Education challenging Minnesota’s special education statute that ends special education eligibility on July 1 of the year a student turns 21.  Jason Kim, of Schneider Wallace Cottrell Konecky LLP,  is pro bono co-counsel with the P&A. The class action plaintiffs contend that the state statute o…

On August 12, 2021, the Minnesota P&A (the Minnesota Disability Law Center), filed this class action lawsuit in Minnesota federal district court against the State of Minnesota and its State Department of Education challenging Minnesota’s special education statute that ends special education eligibility on July 1 of the year a student turns 21.  Jason Kim, of Schneider Wallace Cottrell Konecky LLP,  is pro bono co-counsel with the P&A. The class action plaintiffs contend that the state statute on special education age of eligibility conflicts with the federal Individuals with Disabilities Education Act (IDEA), which ensures special education services through age 21 to eligible students.  The lawsuit seeks 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 has been assigned to Minnesota Federal District Court Patrick J. Schiltz and Magistrate Judge Elizabeth Cowan Wright. 

Summary Authors

Dan Stewart (5/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60198869/parties/ko-v-mueller/

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

Resources

Docket

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

Last updated May 26, 2022, 12:44 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
17

Scheduling Order

Dec. 10, 2021

Dec. 10, 2021

PACER

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

April 12, 2022

April 12, 2022

PACER
26

Protective Order

April 13, 2022

April 13, 2022

PACER

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

April 19, 2022

April 19, 2022

PACER
30

Order on Stipulation

May 23, 2022

May 23, 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: Pending

Defendants

State of Minnesota, State

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

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

Special education

Disability:

disability, unspecified

Type of Facility:

Government-run