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 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)

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)

Woods, J. Melissa (North Carolina)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
29 3:17-cv-00498	Motion for Protective Ord. Charlotte Mecklenburg Board of Educ v. Disability Rights North Carolina	Jan. 29, 2019	Jan. 29, 2019 Pleading / Motion / Brief
31 3:17-cv-00498	Memorandum in Support of Defendant's Motion for Protective Ord. 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
55 3:17-cv-00498	Order	Dec. 31, 2019	Dec. 31, 2019 Order/Opinion 430 F.Supp.3d 74

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Docket

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

Last updated June 27, 2026, 6 a.m.

Docket for: Charlotte-Mecklenburg Board of Education v. Disability Rights of North Carolina

ECF Number	Date	Description	Link
1	Aug. 18, 2017	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	Clearinghouse
	Aug. 18, 2017	Case Assigned/Reassigned
	Aug. 18, 2017	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)
2	Aug. 21, 2017	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)	RECAP
3	Sept. 7, 2017	AFFIDAVIT of Service filed by Charlotte-Mecklenburg Board of Education. All Defendants. (Woods, J.) (Entered: 09/07/2017)	RECAP
4	Sept. 15, 2017	NOTICE of Appearance by Kristine Louise Sullivan on behalf of Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 09/15/2017)	RECAP
5	Sept. 15, 2017	NOTICE of Appearance by John Richard Rittelmeyer on behalf of Disability Rights of North Carolina (Rittelmeyer, John) (Entered: 09/15/2017)	RECAP
6	Sept. 15, 2017	Corporate Disclosure Statement by Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 09/15/2017)	RECAP
7	Sept. 15, 2017	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)	RECAP
8	Sept. 15, 2017	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	Clearinghouse
9	Sept. 19, 2017	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	RECAP
10	Sept. 28, 2017	AMENDED COMPLAINT against Disability Rights of North Carolina, filed by Charlotte-Mecklenburg Board of Education.(Woods, J.) (Entered: 09/28/2017)	Clearinghouse
11	Sept. 28, 2017	CERTIFICATE OF SERVICE by Charlotte-Mecklenburg Board of Education re 10 Amended Complaint (Woods, J.) (Entered: 09/28/2017)	RECAP
12	Sept. 29, 2017	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)	RECAP
13	Sept. 29, 2017	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	Clearinghouse
14	Sept. 29, 2017	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)	RECAP
15	Oct. 3, 2017	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)	RECAP
16	Oct. 5, 2017	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)	RECAP
17	Oct. 6, 2017	REPLY to Response to Motion re 7 MOTION to Dismiss by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 10/06/2017)	RECAP
18	Oct. 6, 2017	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)	RECAP
19	Oct. 10, 2017	REPLY to Response to Motion re 12 MOTION to Dismiss Amended Complaint by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 10/10/2017)	RECAP
20	Nov. 9, 2017	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)	Clearinghouse
	Dec. 11, 2017	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	Oral or Text-Only Order
21	Feb. 16, 2018	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)	RECAP
22	April 30, 2018	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)	RECAP
23	June 13, 2018	NOTICE of Secure Leave by Charlotte-Mecklenburg Board of Education (Woods, J.) (Entered: 06/13/2018)	RECAP
24	Aug. 15, 2018	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)	Clearinghouse
25	Aug. 29, 2018	ANSWER to 10 Amended Complaint by Disability Rights of North Carolina.(Sullivan, Kristine) (Entered: 08/29/2018)	RECAP
	Aug. 30, 2018	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)
26	Sept. 10, 2018	CERTIFICATION of initial attorney conference and discovery plan (Sullivan, Kristine) (Entered: 09/10/2018)	RECAP
27	Sept. 17, 2018	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)	RECAP
28	Jan. 18, 2019	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)	RECAP
29	Jan. 29, 2019	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)	Clearinghouse
30	Jan. 29, 2019	AFFIDAVIT in Support re 29 MOTION for Protective Order by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 01/29/2019)	RECAP
31	Jan. 29, 2019	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	Clearinghouse
32	Feb. 8, 2019	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)	RECAP
33	Feb. 8, 2019	REVISED Pretrial Order and Case Management Plan. Signed by District Judge Robert J. Conrad, Jr on 2/8/2019. (brl) (Entered: 02/08/2019)	RECAP
	Feb. 8, 2019	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)
34	Feb. 22, 2019	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)	RECAP
35	Feb. 28, 2019	REPLY to Response to Motion re 29 MOTION for Protective Order by Disability Rights of North Carolina. (Sullivan, Kristine) (Entered: 02/28/2019)	RECAP
36	March 11, 2019	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)	RECAP
37	March 18, 2019	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)	RECAP
38	March 19, 2019	ORDER granting 29 Motion for Protective Order. Signed by Magistrate Judge David S. Cayer on 3/18/19. (tob) (Entered: 03/19/2019)	RECAP
39	April 2, 2019	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)	RECAP
40	April 5, 2019	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)	RECAP
41	April 5, 2019	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)	RECAP
42	April 10, 2019	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)	RECAP
43	April 16, 2019	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)	RECAP
44	July 2, 2019	NOTICE of Unavailability /Secured Leave 09/30/2019-10/04/2019 by Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 07/02/2019)	RECAP
	July 3, 2019	Set/Reset Pretrial Order Deadlines
	July 3, 2019	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)
45	Aug. 1, 2019	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)	RECAP
46	Aug. 2, 2019	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)	Clearinghouse
47	Aug. 7, 2019	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)	RECAP
48	Aug. 20, 2019	NOTICE of Unavailability/Secured Leave 11/11/2019-11/18/2019 by Disability Rights of North Carolina (Sullivan, Kristine) (Entered: 08/20/2019)	RECAP
49	Sept. 6, 2019	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)	RECAP
50	Sept. 6, 2019	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)	RECAP
51	Sept. 20, 2019	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)	RECAP
52	Sept. 20, 2019	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)	RECAP
53	Sept. 26, 2019	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)	RECAP
54	Sept. 27, 2019	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)	RECAP
	Oct. 8, 2019	Notice of Hearing on Motion
	Oct. 8, 2019	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. 10, 2019	Notice of Hearing on Motion
	Oct. 10, 2019	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)
	Nov. 26, 2019	Motion Hearing
	Nov. 26, 2019	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)
55	Dec. 31, 2019	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)	RECAP
56	Dec. 31, 2019	CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 12/31/2019. Signed by Clerk, Frank G. Johns. (brl)	RECAP

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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

Non-profit or advocacy

Disability Rights North Carolina

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

Other Dockets:

Western District of North Carolina 3:17-cv-00498

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Disability, unspecified

P&A access authority

Recommended Citation

Case Summary of Charlotte Mecklenburg Board of Education v. Disability Rights North Carolina, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/18449/ (last updated 7/5/2024).