Case: Charlotte Mecklenburg Board of Education v. Disability Rights North Carolina

3:17-cv-00498 | U.S. District Court for the Western District of North Carolina

Filed Date: Aug. 18, 2017

Closed Date: Dec. 31, 2019

Clearinghouse coding complete

Case Summary

This case is about a Protection and Advocacy (P&A) Agency’s access authority, specifically relating to: 1) confidentially laws such as the Family Education Rights and Privacy Act (FERPA), and 2) the grounds necessary for a probable cause determination. On August 18, 2017, Charlotte Mecklenburg Board of Education (CMBOE) filed a complaint for declaratory judgement in the U.S. District Court for the Western District of North Carolina against Disability Rights North Carolina (DRNC). CMBOE challeng…

This case is about a Protection and Advocacy (P&A) Agency’s access authority, specifically relating to: 1) confidentially laws such as the Family Education Rights and Privacy Act (FERPA), and 2) the grounds necessary for a probable cause determination. On August 18, 2017, Charlotte Mecklenburg Board of Education (CMBOE) filed a complaint for declaratory judgement in the U.S. District Court for the Western District of North Carolina against Disability Rights North Carolina (DRNC). CMBOE challenged DRNC’s assertion of its authority to access contact directory records for every student at the CMBOE-operated Metro School based on probable cause of abuse and neglect under the Developmental Disabilities Assistance [CB1] and Bill of Rights Act (DD Act). On August 23, 2017, DRNC filed a separate action against CMBOE, seeking declaratory judgment that CMBOE’s refusal violates the DD Act and the Protection and Advocacy of Individual Rights Act (PAIR Act), as well as injunctive relief requiring CMBOE to provide the requested information. This action was consolidated with CMBOE’s action. Judge Robert J. Conrad, Jr. presided over this matter.

The lawsuit began when DRNC received complaints about Metro School and determined it had probable cause that students were being subjected to abuse or neglect. DRNC requested that CMBOE provide records and information, including contact information for the parents or guardians of all students. CMBOE declined the request. CMBOE then filed a lawsuit seeking a declaratory judgment that 1) FERPA prohibits CMBOE from providing DRNC the contact directory information, and 2) DRNC does not have a sufficient basis for its determination of probable cause. DRNC filed a lawsuit alleging that CMBOE violated the DD Act by refusing to provide the records requested, and the two suits were consolidated. Regarding the FERPA claim, DRNC argued that CMBOE suffered no an actual or imminent injury based on the request for information. Moreover, DRNC maintained that CMBOE suffered no injury from DRNC’s refusal to provide the basis for its probable cause because CMBOE is not entitled to that information. Second, DRNC alleged that CMBOE’s request for declaratory relief does not serve the purpose of the Declaratory Judgment Act because there is no justiciable controversy. On August 15, 2018, the Court denied DRNC’s motion to dismiss. 

In discovery, CMBOE then requested information from DRNC, including the number of complaints and the date DRNC received the complaints, the identity of any person, excluding clients, who has knowledge regarding the received complaint, the facts underlying DRNC’s basis for its probable cause determination, and any DRNC records about an individual reporting an allegation of abuse or neglect. On January 29, 2019, DRNC filed a Motion for Protective Order. Here, DRNC argued that CMBOE seeks to achieve, through discovery, the same remedy it would obtain if it were successful in the present action and that the information requested is irrelevant to CMBOE’s claims. DRNC further maintained that the lawsuit asked the Court to determine who is the final arbiter of probable cause, a question of statutory interpretation, so the underlying facts of the probable cause determination are immaterial, and therefore not discoverable. Finally, DRNC argued that CMBOE seeks information that is protected by the attorney-client privilege, protected as attorney work protect, and/or prohibited from disclosure by the DD and PAIR acts. The Court granted DRNC’s motion for a protective order on March 19, 2019. 

On December 31, 2019, the Court ruled that 1) FERPA does not prohibit CMBOE from providing DRNC the parent contact information for all Metro students, and 2) DRNC failed to provide a sufficient factual basis to support its probable cause determination as to all Metro students. Therefore, the Court granted CMBOE’s motion for summary judgment on the probable cause claim, as the basis DRNC communicated to support its probable cause determination was insufficient, and DRNC failed to come forward with any supportive evidence.  The case remains closed.

Summary Authors

NDRN (7/5/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6264213/parties/charlotte-mecklenburg-board-of-education-v-disability-rights-of-north/


Judge(s)

Conrad, Robert James (North Carolina)

Attorney for Plaintiff

Fogg, Virginia Hewitt (North Carolina)

Rittelmeyer, John Richard (North Carolina)

Sullivan, Kristine Louise (North Carolina)

Attorney for Defendant

Mayes, Andre F (North Carolina)

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Documents in the Clearinghouse

Document
1

3:17-cv-00498

Complaint for Declaratory Judgment and Judicial Review

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Aug. 18, 2017

Aug. 18, 2017

Complaint
8

3:17-cv-00498

Defendant's Memorandum in Support of Defendant's Motion to Dismiss

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Sept. 15, 2017

Sept. 15, 2017

Pleading / Motion / Brief
10

3:17-cv-00498

Amended Complaint for Declaratory Judgment

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Sept. 28, 2017

Sept. 28, 2017

Complaint
13

3:17-cv-00498

Defendant's Memorandum in Support of Defendant's Renewed Motion to Dismiss Amended Complaint

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Sept. 29, 2017

Sept. 29, 2017

Pleading / Motion / Brief
20

3:17-cv-00498

Order Granting Consolidation of Cases

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Nov. 9, 2017

Nov. 9, 2017

Order/Opinion
24

3:17-cv-00498

Order

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Aug. 15, 2018

Aug. 15, 2018

Order/Opinion

2018 WL 3873591

31

3:17-cv-00498

Memorandum in Support of Defendant's Motion for Protective Order

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Jan. 29, 2019

Jan. 29, 2019

Pleading / Motion / Brief
29

3:17-cv-00498

Motion for Protective Order

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Jan. 29, 2019

Jan. 29, 2019

Pleading / Motion / Brief
46

3:17-cv-00498

Order

Aug. 2, 2019

Aug. 2, 2019

Order/Opinion
56

3:17-cv-00498

Judgment in Case

Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina

Dec. 31, 2019

Dec. 31, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6264213/charlotte-mecklenburg-board-of-education-v-disability-rights-of-north/

Last updated Aug. 6, 2025, 10:57 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Disability Rights of North Carolina ( Filing fee $ 400 receipt number 0419-3429826), filed by Charlotte-Mecklenburg Board of Education. (Attachments: # 1 Cover Sheet, # 2 Exhibit)(Woods, J.) Modified text on 8/18/2017 (jaw). (Entered: 08/18/2017)

1 Cover Sheet

View on PACER

2 Exhibit

View on PACER

Aug. 18, 2017

Aug. 18, 2017

Clearinghouse

Case Assigned/Reassigned

Aug. 18, 2017

Aug. 18, 2017

PACER

Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(jaw)

Aug. 18, 2017

Aug. 18, 2017

PACER
2

Summons Issued Electronically as to Disability Rights of North Carolina. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (jaw) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
3

AFFIDAVIT of Service filed by Charlotte-Mecklenburg Board of Education. All Defendants. (Woods, J.) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
4

NOTICE of Appearance by Kristine Louise Sullivan on behalf of Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
5

NOTICE of Appearance by John Richard Rittelmeyer on behalf of Disability Rights of North Carolina (Rittelmeyer, John) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
6

Corporate Disclosure Statement by Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
7

MOTION to Dismiss by Disability Rights of North Carolina. Responses due by 9/29/2017 plus an additional 3 days if served by mail (Sullivan, Kristine). Motions referred to David S. Cayer. (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
8

MEMORANDUM in Support re 7 MOTION to Dismiss by Disability Rights of North Carolina. (Attachments: # 1 Exhibit File-stamped complaint in 3:17-cv-511, # 2 Exhibit Def email to Pl 8-23-17, # 3 Exhibit Pl email to Def 8-24-17, # 4 Proposed Order Def Proposed Order Granting Def Motion to Dismiss)(Sullivan, Kristine) (Entered: 09/15/2017)

1 Exhibit File-stamped complaint in 3:17-cv-511

View on PACER

2 Exhibit Def email to Pl 8-23-17

View on PACER

3 Exhibit Pl email to Def 8-24-17

View on PACER

4 Proposed Order Def Proposed Order Granting Def Motion to Dismiss

View on PACER

Sept. 15, 2017

Sept. 15, 2017

Clearinghouse
9

MOTION to Consolidate This Case with 3:17cv00511 by Charlotte-Mecklenburg Board of Education. Responses due by 10/3/2017 plus an additional 3 days if served by mail (Attachments: # 1 Memorandum In support of motion to consolidate)(Woods, J.). Modified to remove referral on 9/20/2017 (tob). (Entered: 09/19/2017)

1 Memorandum In support of motion to consolidate

View on PACER

Sept. 19, 2017

Sept. 19, 2017

PACER
10

AMENDED COMPLAINT against Disability Rights of North Carolina, filed by Charlotte-Mecklenburg Board of Education.(Woods, J.) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

Clearinghouse
11

CERTIFICATE OF SERVICE by Charlotte-Mecklenburg Board of Education re 10 Amended Complaint (Woods, J.) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
12

MOTION to Dismiss Amended Complaint by Disability Rights of North Carolina. Responses due by 10/13/2017 plus an additional 3 days if served by mail (Attachments: # 1 Proposed Order Granting Defendant's Renewed Motion to Dismiss)(Sullivan, Kristine). Motions referred to David S. Cayer. (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
13

MEMORANDUM in Support re 12 MOTION to Dismiss Amended Complaint by Disability Rights of North Carolina. (Attachments: # 1 Exhibit File-stamped complaint for Civil Action 3:17-cv-511, # 2 Exhibit Def. email to Pl. 8/23/17, # 3 Exhibit Pl. email to Def. 8/24/17)(Sullivan, Kristine) (Entered: 09/29/2017)

1 Exhibit File-stamped complaint for Civil Action 3:17-cv-511

View on PACER

2 Exhibit Def. email to Pl. 8/23/17

View on PACER

3 Exhibit Pl. email to Def. 8/24/17

View on PACER

Sept. 29, 2017

Sept. 29, 2017

Clearinghouse
14

MEMORANDUM in Opposition re 7 MOTION to Dismiss by Charlotte-Mecklenburg Board of Education. Replies due by 10/6/2017 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit)(Woods, J.) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
15

RESPONSE in Opposition re 9 MOTION to Consolidate This Case with 3:17cv00511 by Disability Rights of North Carolina. Replies due by 10/10/2017 plus an additional 3 days if served by mail (Sullivan, Kristine) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
16

REPLY to Response to Motion re 9 MOTION to Consolidate This Case with 3:17cv00511 by Charlotte-Mecklenburg Board of Education. (Woods, J.) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
17

REPLY to Response to Motion re 7 MOTION to Dismiss by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
18

RESPONSE in Opposition re 12 MOTION to Dismiss Amended Complaint by Charlotte-Mecklenburg Board of Education. Replies due by 10/13/2017 plus an additional 3 days if served by mail (Woods, J.) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
19

REPLY to Response to Motion re 12 MOTION to Dismiss Amended Complaint by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
20

ORDER granting (9) Motion to Consolidate Cases for DiscoveryTrial. All further pleadings to be electronically filed to: 3:17-cv-498 only. Member Case: 3:17cv511 to be administratively closed. Signed by District Judge Robert J. Conrad, Jr on 11/9/2017. (eef) Modified text on 11/9/2017 (eef). (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

Clearinghouse

TEXT-ONLY ORDER re (7 in 3:17-cv-00498-RJC-DSC) MOTION to Dismiss filed by Disability Rights of North Carolina, (12 in 3:17-cv-00498-RJC-DSC) MOTION to Dismiss Amended Complaint filed by Disability Rights of North Carolina Text of Order: Vacating Scheduling Order filed in member case 3:17-cv-511 and delaying the filing of a new certificate of initial attorney conference until the resolution of the pending Motions to Dismiss So Ordered.. Entered by District Judge Robert J. Conrad, Jr on 12/11/2017. (eef)

Dec. 11, 2017

Dec. 11, 2017

PACER

Oral or Text-Only Order

Dec. 11, 2017

Dec. 11, 2017

PACER
21

MEMORANDUM AND RECOMMENDATION on 12 MOTION to Dismiss Amended Complaint filed by Disability Rights of North Carolina AND ORDER administratively denying as moot 7 MOTION to Dismiss filed by Disability Rights of North Carolina Objections to M&R due by 3/2/2018 plus an additional 3 days if served by mail. Signed by Magistrate Judge David S. Cayer on 2/16/18. (tob) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
22

NOTICE of Secure Leave for J. Melissa Woods by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education (Woods, J.) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
23

NOTICE of Secure Leave by Charlotte-Mecklenburg Board of Education (Woods, J.) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
24

ORDER adopting 21 Memorandum and Recommendations; denying 12 Motion to Dismiss. Signed by District Judge Robert J. Conrad, Jr on 08/15/2018. (brl) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

Clearinghouse
25

ANSWER to 10 Amended Complaint by Disability Rights of North Carolina.(Sullivan, Kristine) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER

NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The Certificate of Initial Attorneys Conference, and if applicable, the Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 9/20/2018. (brl)

Aug. 30, 2018

Aug. 30, 2018

PACER
26

CERTIFICATION of initial attorney conference and discovery plan (Sullivan, Kristine) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
27

Pretrial Order and Case Management Plan : Estimated Trial Time: 2 days. Discovery due by 2/1/2019. Motions due by 3/18/2019. Mediation deadline set for 3/4/2019. Bench Trial set for 9/2/2019 in Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Signed by District Judge Robert J. Conrad, Jr on 9/17/2018. (nvc) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
28

Notice of Substitution of Counsel by Virginia Hewitt Fogg on behalf of Disability Rights of North Carolina, Attorney John Richard Rittelmeyer terminated. (Fogg, Virginia) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
29

MOTION for Protective Order by Disability Rights of North Carolina. Responses due by 2/12/2019 plus an additional 3 days if served by mail (Sullivan, Kristine). Motions referred to David S. Cayer. (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

Clearinghouse
30

AFFIDAVIT in Support re 29 MOTION for Protective Order by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
31

MEMORANDUM in Support re 29 MOTION for Protective Order by Disability Rights of North Carolina. (Attachments: # 1 Exhibit Defendant's Responses to Plaintiff's First Combined Request)(Sullivan, Kristine) (Entered: 01/29/2019)

1 Exhibit Defendant's Responses to Plaintiff's First Combined Request

View on RECAP

Jan. 29, 2019

Jan. 29, 2019

Clearinghouse
32

MOTION for Extension of Time to File Response/Reply re: 29 MOTION for Protective Order by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education. Responses due by 2/22/2019 plus an additional 3 days if served by mail (Woods, J.). Motions referred to David S. Cayer. (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
33

REVISED Pretrial Order and Case Management Plan. Signed by District Judge Robert J. Conrad, Jr on 2/8/2019. (brl) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER

TEXT-ONLY ORDER granting 32 Motion for Extension of Time to File Response/Reply re 29 MOTION for Protective Order. Responses due by 2/22/2019 plus an additional 3 days if served by mail. Entered by Magistrate Judge David S. Cayer on 02/08/2019. (DLG)

Feb. 8, 2019

Feb. 8, 2019

PACER
34

RESPONSE to Motion re 29 MOTION for Protective Order by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education. Replies due by 3/1/2019 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit Exhibit A)(Woods, J.) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
35

REPLY to Response to Motion re 29 MOTION for Protective Order by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
36

Joint MOTION for Extension of Time to File Dispositive Motions Pending Resolution of the Motion for Protective Order by Disability Rights of North Carolina. Responses due by 3/25/2019 plus an additional 3 days if served by mail (Sullivan, Kristine). Motions referred to David S. Cayer. (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
37

ORDER granting 36 Motion for Extension of Time to File Dispositive Motions Pending Resolution of the Motion for Protective Order. The parties shall have 30 days following the ruling by the Court on the pending Motion for Protective Order to file dispositive motions. Signed by Magistrate Judge David S. Cayer on 3/18/19. (tob) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
38

ORDER granting 29 Motion for Protective Order. Signed by Magistrate Judge David S. Cayer on 3/18/19. (tob) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

RECAP
39

Objection to Magistrate Judge's Decision (Rule 72(a)) re 38 Order on Motion for Protective Order . Responses due by 4/16/2019 (Woods, J.) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
40

MOTION for Extension of Time to File Dispositive Motions Pending Objections of the Motion for Protective Order by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education. Responses due by 4/19/2019 (Woods, J.). Motions referred to David S. Cayer. (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
41

ORDER granting 40 Motion for Extension of Time to File Dispositive Motions Pending Objections of the Motion for Protective Order by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education. The parties shall have 30 days following the District Judge's ruling on the Objections on the Motion for Protective Order to file dispositive motions. Signed by Magistrate Judge David S. Cayer on 4/5/19. (tob) Modified date of signature on 4/11/2019 (rth). (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
42

RESPONSE in Opposition re 39 Objection to Magistrate Judge's Decision (Rule 72(a)) re 38 Order on Motion for Protective Order by Disability Rights of North Carolina. Replies due by 4/17/2019 (Sullivan, Kristine) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
43

REPLY to Response to Motion re 39 Objection to Magistrate Judge's Decision (Rule 72(a)) re 38 Order on Motion for Protective Order by Charlotte-Mecklenburg Board of Education. (Woods, J.) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
44

NOTICE of Unavailability /Secured Leave 09/30/2019-10/04/2019 by Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Set/Reset Pretrial Order Deadlines

July 3, 2019

July 3, 2019

PACER

Reset Pretrial Order Deadlines: Bench Trial RESET for 9/3/2019 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr due to original date falling on a Federal holiday. (brl)

July 3, 2019

July 3, 2019

PACER
45

Joint MOTION to Amend/Correct 33 Scheduling Order by Disability Rights of North Carolina. Responses due by 8/15/2019 (Sullivan, Kristine). Motions referred to David S. Cayer. (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
46

ORDER granting 45 Joint MOTION for Amended Pretrial Order. Discovery completion and dispositive motions: thirty days following ruling on the Objections to Motion for Protective Order. Motions hearing: forty-five days after dispositive motions filed. Final witness/exhibit lists and supplemental discovery: thirty days before trial. Exhibits, stipulations and issues: fourteen days before trial.( Bench Trial set for 3/2/2020 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr.) Signed by Magistrate Judge David S. Cayer on 8/2/19. (mga) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

Clearinghouse
47

ORDER that Plaintiff's 39 Objection to Magistrate Judge's Decision (Rule 72(a)) are OVERRULED and the Magistrate Judge's Order 38 Order on Motion for Protective Order is AFFIRMED. Signed by District Judge Robert J. Conrad, Jr on 8/6/2019. (brl) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
48

NOTICE of Unavailability/Secured Leave 11/11/2019-11/18/2019 by Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
49

MOTION for Summary Judgment by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education. Responses due by 9/20/2019 (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 2 Exhibit 1)(Woods, J.) Modified duplicate text on 9/9/2019 (brj). (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
50

MOTION for Summary Judgment by Disability Rights of North Carolina. Responses due by 9/20/2019 (Attachments: # 1 Memorandum)(Sullivan, Kristine) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
51

RESPONSE in Opposition re 49 MOTION for Summary Judgment by Disability Rights of North Carolina. Replies due by 9/27/2019 (Attachments: # 1 Exhibit Brief of Amici Curiae in 2006 Conn. P&A case)(Sullivan, Kristine) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
52

RESPONSE in Opposition re 50 MOTION for Summary Judgment by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education. Replies due by 9/27/2019 (Attachments: # 1 Affidavit of Dr. Ann White, # 2 Exhibit 1)(Woods, J.) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
53

REPLY to Response to Motion re 50 MOTION for Summary Judgment by Disability Rights of North Carolina. (Attachments: # 1 Affidavit Virginia Knowlton Marcus)(Sullivan, Kristine) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
54

REPLY to Response to Motion re 49 MOTION for Summary Judgment by Charlotte-Mecklenburg Board of Education, Charlotte-Mecklenburg Schools Board of Education. (Woods, J.) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER

Notice of Hearing on Motion

Oct. 8, 2019

Oct. 8, 2019

PACER

NOTICE of Hearing on Motion re: 50 MOTION for Summary Judgment, 49 MOTION for Summary Judgment : Motion Hearing set for 11/12/2019 10:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)

Oct. 8, 2019

Oct. 8, 2019

PACER

Notice of Hearing on Motion

Oct. 10, 2019

Oct. 10, 2019

PACER

NOTICE of Hearing on Motion re: 50 MOTION for Summary Judgment, 49 MOTION for Summary Judgment : Motion Hearing RESET for 11/26/2019 10:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)

Oct. 10, 2019

Oct. 10, 2019

PACER

Motion Hearing

Nov. 26, 2019

Nov. 26, 2019

PACER

Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re 49 MOTION for Summary Judgment, 50 MOTION for Summary Judgment . Motion taken under advisement, order to issue. Plaintiffs attorney: J. Melissa Woods, Andre Mayes. Defendants attorney: Kristine Sullivan, Virginia Fogg. Court reporter: Laura Andersen. (brl)

Nov. 26, 2019

Nov. 26, 2019

PACER
55

ORDER granting in part and denying in part Plaintiff's 49 Motion for Summary Judgment ; granting in part and denying in part Defendant's 50 Motion for Summary Judgment. Signed by District Judge Robert J. Conrad, Jr on 12/30/2019. (brl)

Dec. 31, 2019

Dec. 31, 2019

RECAP
56

CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 12/31/2019. Signed by Clerk, Frank G. Johns. (brl)

Dec. 31, 2019

Dec. 31, 2019

RECAP

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Key Dates

Filing Date: Aug. 18, 2017

Closing Date: Dec. 31, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights North Carolina

Plaintiff Type(s):

City/County Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Disability Rights North Carolina, Non-profit or advocacy

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Disability, unspecified

P&A access authority