Case: Gibson v. Forest Hills School District Board of Education

1:11-cv-00329 | U.S. District Court for the Southern District of Ohio

Filed Date: June 7, 2011

Closed Date: Nov. 2, 2016

Clearinghouse coding complete

Case Summary

The plaintiffs, parents of a student with a disability, represented by Disability Rights Ohio, prevailed in part in an administrative complaint against a school district alleging that it failed to provide a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). They filed a separate complaint in the U.S. District Court for the Southern District of Ohio for attorneys’ fees on June 7, 2011, where it was docketed as No. 1:11-cv-00329. That case was a…

The plaintiffs, parents of a student with a disability, represented by Disability Rights Ohio, prevailed in part in an administrative complaint against a school district alleging that it failed to provide a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). They filed a separate complaint in the U.S. District Court for the Southern District of Ohio for attorneys’ fees on June 7, 2011, where it was docketed as No. 1:11-cv-00329. That case was assigned to Chief Judge Susan J. Dlott.  The school district filed a separate action, No. 1:11-cv-628, challenging the administrative decision. The district court ruled substantially for the parents. The district court awarded attorneys’ fees but reduced the award. It also separately awarded fees for the cost of litigating the fee award. On appeal, the Sixth Circuit affirmed the district court's decision that the school district violated the IDEA’s transition requirements. 655 F. App'x 423. It also remanded to the district court for further clarification of its fee award. The case was eventually settled and closed on November 2, 2016.

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5232434/parties/gibson-v-forest-hills-local-school-district-board-of-education/


Judge(s)

Dlott, Susan J. (Ohio)

Attorney for Plaintiff

Boylan, Jason Charles (Ohio)

Brancart, Christopher (California)

Attorney for Defendant

Deters, William M (Ohio)

Fischer, J Michael (Ohio)

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Documents in the Clearinghouse

Document
3

1:11-cv-00329

Complaint for Attorney's Fees

Gibson v. Forest Hills Local School District Board of Education

June 7, 2011

June 7, 2011

Complaint
1

1:11-cv-00628

Complaint/Notice of Appeal (Parties)

Forest Hills School District Board of Education v. JG & LG

Sept. 13, 2011

Sept. 13, 2011

Complaint
20

1:11-cv-00329

Order Granting Motion to Dismiss

April 10, 2012

April 10, 2012

Order/Opinion

2012 WL 2012

10

1:11-cv-00628

Order Granting Motion to Dismiss

April 10, 2012

April 10, 2012

Order/Opinion

2012 WL 2012

51

1:11-cv-00329

Plaintiffs' Motion for Attorneys' Fees

Gibson v. Forest Hills Local School District Board of Education

March 28, 2014

March 28, 2014

Pleading / Motion / Brief
67

1:11-cv-00329

Order Granting Motion for Attorneys' Fees

July 15, 2014

July 15, 2014

Order/Opinion

2014 WL 2014

83

1:11-cv-00329

Order Awarding in Part Supplemental Motion for Attorney Fees

July 1, 2015

July 1, 2015

Order/Opinion

2015 WL 2015

14–3575

14–3833

14–3834

15–3833

Opinion

U.S. Court of Appeals for the Sixth Circuit

July 15, 2016

July 15, 2016

Order/Opinion

655 Fed.Appx. 655

88

1:11-cv-00329

Plaintiffs' Motion for Attorneys' Fees for Appellate Decision

Gibson v. County of Riverside

Aug. 29, 2016

Aug. 29, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5232434/gibson-v-forest-hills-local-school-district-board-of-education/

Last updated Feb. 25, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis by Plaintiff Jim and Laurie Gibson. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Summons Form, # 4 USM-285 Form) (Boylan, Jason) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER

If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (mr)

May 20, 2011

May 20, 2011

PACER
2

ORDER granting 1 Motion for Leave to Proceed in forma pauperis and authorizing commencement of this action without prepayment of fees or costs. It is ORDERED that the United States Marshal serve a copy of the complaint, summons, and this order granting leave to proceed in forma pauperis upon defendant as directed by plaintiff. Signed by Magistrate Judge Karen L. Litkovitz on 6/6/11. (mtw) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
3

COMPLAINT against Forest Hills Local School District Board of Education, filed by Jim Gibson and Laurie Gibson. (Attachment: # 1 Civil Cover Sheet) (mtw) (Entered: 06/07/2011)

1 Civil Cover Sheet

View on PACER

June 7, 2011

June 7, 2011

Clearinghouse
4

Summons Issued as to Forest Hills Local School District Board of Education sent to US Marshals along with USM285, complaint, and order granting ifp for service (mtw) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
5

SUMMONS Returned Executed as to Defendant Forest Hills Local School District Board of Education. Forest Hills Local School District Board of Education served on 6/13/2011, answer due 7/5/2011. (lk) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
6

NOTICE of Appearance by Virginia Sue Wilson for Plaintiffs Jim Gibson, Laurie Gibson (Wilson, Virginia) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
7

ANSWER to 3 Complaint filed by Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
8

NOTICE of Hearing: Preliminary Pretrial Conference set for 9/9/2011 at 11:00 AM in Chambers before Chief Judge Susan J. Dlott. (vp) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

PACER
9

NOTICE by Defendant Forest Hills Local School District Board of Education (Fischer, J) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
10

Joint MOTION for Extension of Time New date requested 11/18/2011. or Stay by Defendant Forest Hills Local School District Board of Education, Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
11

RULE 26(f) REPORT Joint Discovery Plan by Defendant Forest Hills Local School District Board of Education, Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
12

ORDER OF CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Stephanie K. Bowman. Signed by Chief Judge Susan J. Dlott on 8/29/11. (sct1) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
13

ORDER granting 10 Motion for Extension of Time. Amended Rule 26(f) Report to be filed on or before 11/25/2011; counsel to attend in-person scheduling conference on 12/13/2011 with Magistrate Judge Bowman. Signed by Magistrate Judge Stephanie K. Bowman on 8/30/11. (mtw1) (Entered: 08/31/2011)

Aug. 31, 2011

Aug. 31, 2011

PACER

Set Deadlines/Hearings: Amended Rule 26(f) Report due by 11/25/2011. Scheduling Conference set for 12/13/2011 at 10:00 AM in Chambers before Magistrate Judge Stephanie K. Bowman. (sct1)

Sept. 1, 2011

Sept. 1, 2011

PACER
14

MOTION to Consolidate Cases by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
15

RULE 26(f) REPORT by Defendant Forest Hills Local School District Board of Education, Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER

NOTICE re 13 Scheduling Conference: The date of 12/13/11 is VACATED (jl1)

Nov. 28, 2011

Nov. 28, 2011

PACER
16

ORDER TRANSFERRING CASE from the docket of Magistrate Judge Stephanie K. Bowman to the docket of Chief Judge Susan J. Dlott. Signed by Chief Judge Susan J. Dlott on 12/5/11. (sct1) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
17

NOTATION ORDER granting 14 Motion to Consolidate Cases. Signed by Chief Judge Susan J. Dlott on 12/5/11. (sct1) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
18

REPLY to Response to Motion re (2 in 1:11-cv-00628-SJD-KLL) MOTION to Dismiss for Lack of Jurisdiction filed by Defendants JG, LG, Counter Claimants JG, LG, Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) Associated Cases: 1:11-cv-00329-SJD, 1:11-cv-00628-SJD-KLL (Wilson, Virginia) (Entered: 12/20/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 20, 2011

Dec. 20, 2011

RECAP
19

ORDER that all future filings are to be filed in the lower case 1:11cv329. Signed by Chief Judge Susan J. Dlott. Associated Cases: 1:11-cv-00329-SJD, 1:11-cv-00628-SJD-KLL (wam1) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
20

ORDER granting motion to dismiss (doc. 2) in case #11cv628 filed by Jim and Laurie Gibson. Signed by Chief Judge Susan J. Dlott. Associated Cases: 1:11-cv-00329-SJD, 1:11-cv-00628-SJD-KLL (wam1) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

Clearinghouse
21

NOTICE of Hearing: Pretrial Conference set for 5/17/2012 10:00 AM in Chambers before Chief Judge Susan J. Dlott. (wam1) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
22

RULE 26(f) REPORT Joint Discovery Plan by Defendant Forest Hills Local School District Board of Education, Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER

NOTICE of Hearing: Preliminary Pretrial Conference set for 5/17/2012 will now take place at 11:00 AM instead of 10:00 in Chambers before Chief Judge Susan J. Dlott TIME CHANGE ONLY (vp) Modified on 5/17/2012 (eh1).

May 16, 2012

May 16, 2012

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Initial Pretrial Conference held on 5/17/2012. Pltf's brief is due by 7/20/12; Response due 8/31/12; reply due 9/21/12. (Court Reporter Luke Lavin, Official.) (wam1)

May 17, 2012

May 17, 2012

PACER
25

CERTIFICATION OF THE RECORD OF ADMINISTRATIVE PROCEEDINGS by the Department of Education (wam1) (Entered: 07/27/2012)

June 4, 2012

June 4, 2012

PACER
23

Unopposed MOTION for Extension of Time to File New date requested 8/3/2012. by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
24

NOTATION ORDER granting 23 Motion for Extension of Time. Plaintiffs' merit brief due 8/3/2012, defendants' reply due 9/14/2012, plaintiffs' response due 10/5/2012. Signed by Chief Judge Susan J. Dlott on 6/28/12. (mtw) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
26

Second MOTION for Extension of Time New date requested 8/17/2012. by Plaintiffs Jim Gibson, Laurie Gibson. (Boylan, Jason) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
27

ORDER by Chief Judge Susan J. Dlott granting 26 Motion for Extension of Timeuntil 8/17/12 to file merit brief. (vp) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
28

BRIEF by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2 Prior Written Notice, # 3 Exhibit Frequently Used Acronyms in Special Education, # 4 Exhibit Case: Anchorage, # 5 Exhibit Case: Carrie I., # 6 Exhibit Case: Deal, # 7 Exhibit Case: In Re Brandywine, # 8 Exhibit Case: In Re East Hartford, # 9 Exhibit Case: In Re Horizon, # 10 Exhibit Case: In Re Mason, # 11 Exhibit Case: Lane, # 12 Exhibit Case: Las Virgenes, # 13 Exhibit Letter to Heath, # 14 Exhibit Case: Penn Trafford, # 15 Exhibit Case: Pachl) (Wilson, Virginia) (Entered: 08/17/2012)

1 Exhibit Attachment 1

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2 Exhibit Attachment 2 Prior Written Notice

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3 Exhibit Frequently Used Acronyms in Special Education

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4 Exhibit Case: Anchorage

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5 Exhibit Case: Carrie I.

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6 Exhibit Case: Deal

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7 Exhibit Case: In Re Brandywine

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8 Exhibit Case: In Re East Hartford

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9 Exhibit Case: In Re Horizon

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10 Exhibit Case: In Re Mason

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11 Exhibit Case: Lane

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12 Exhibit Case: Las Virgenes

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13 Exhibit Letter to Heath

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14 Exhibit Case: Penn Trafford

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15 Exhibit Case: Pachl

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Aug. 17, 2012

Aug. 17, 2012

PACER
29

MOTION for Extension of Time to File Response/Reply New date requested 10/29/2012. by Defendant Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
30

ORDER granting 29 Motion for Extension of Time to File. Defendant's brief is now due 10/29/12 and Pltf's response brief is due 11/20/12. Signed by Chief Judge Susan J. Dlott on 9/27/12. (wam1) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER

TRIAL BRIEF by Defendant Forest Hills Local School District Board of Education. Associated Cases: 1:11-cv-00329-SJD, 1:11-cv-00628-SJD-KLL (Fischer, J)

Oct. 29, 2012

Oct. 29, 2012

PACER
31

TRIAL BRIEF by Defendant Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
32

Unopposed MOTION for Extension of Time to File Response/Reply New date requested 12/4/2012. by Plaintiffs Jim Gibson, Laurie Gibson. (Boylan, Jason) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
33

ORDER granting 32 Motion for Extension of Time to File Reply brief Replies due by 12/4/2012.. Signed by Chief Judge Susan J. Dlott on 11/6/12. (wam1) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
34

REPLY to Response to Motion re 32 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 12/4/2012. filed by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Appendix Attachment 1, # 2 Appendix Attachment 2, # 3 Appendix Attachment 3) (Wilson, Virginia) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

PACER
35

ORDER affirming in part and reversing in part the final decision of the state level review officer. A Status Conference is set for 6/25/2013 10:30 AM in Chambers before Chief Judge Susan J. Dlott.). Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference held on 6/25/2013. A telephonic conference is scheduled for 8/8/13 at 11:00 a.m. and an in Chambers conference is scheduled for 8/20/13 at 10:00 a.m. (Court Reporter Julie Wolfer (Official).) (wam1)

June 25, 2013

June 25, 2013

PACER
36

ORDER setting a Settlement Conference for 8/20/2013 10:00 AM in Chambers before Chief Judge Susan J. Dlott. Parents of the Plaintiff are to be present and the Superintendent and all School Board Members must be present. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
37

Unopposed MOTION to Clarify Due Date by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
38

ORDER granting 37 Motion to Clairfy. Plaintiff's have until 9/27/13 to file their motion for attorney fees. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference held on 8/8/2013. The settlement conference will proceed as scheduled. (Court Reporter Julie Wolfer (Official).) (wam1)

Aug. 8, 2013

Aug. 8, 2013

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Settlement Conference held on 8/20/2013. Case didn't settle. Order to follow. (wam1)

Aug. 20, 2013

Aug. 20, 2013

PACER
39

ORDER setting briefing schedule. Plaintiffs may file a motion for a specific transition services remedy, including a request for an evidentiary hearing, on or before November 22, 2013; Defendant may file a memorandum in opposition with a request for an evidentiary hearing on or before December 23, 2013; and Plaintiffs may file a reply brief within the time allowed by the Local Rules. Additionally, the deadline of September 27, 2013 previously set for filing the motion for attorney fees is vacated.. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
40

MOTION to Clarify 39 Order,, 38 Order on Motion to Clarify Date for Attorney's Fees Motion by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
41

ORDER granting 40 Motion to Clairfy due date for attorney fees motion. Motion for attorney fees pursuant to S.D. Ohio Civ. R. 54.2m are due 45 days after the Court provides judgment on a remedy for transition. Signed by Chief Judge Susan J. Dlott on 9/17/13. (wam1) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
42

MOTION re 39 Order,, For Transition Remedy by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit Expert Declaration, Report, & CV, # 2 Exhibit Expert Summary Report, August 2013) (Wilson, Virginia) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
43

RESPONSE to Motion re (42 in 1:11-cv-00329-SJD) MOTION re (39) Order,, For Transition Remedy filed by Defendant Forest Hills Local School District Board of Education. Associated Cases: 1:11-cv-00329-SJD, 1:11-cv-00628-SJD-KLL (Fischer, J) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
44

REPLY to Response to Motion re 42 MOTION re 39 Order,, For Transition Remedy filed by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit 1. 9/27/2012 Goodwill Community Discharge Summary, # 2 Exhibit 2. 2/12-7/2012 Goodwill Vocational Exploration Summary, # 3 Exhibit 3. Declaration of Lauri Gibson, # 4 Exhibit 4. Declaration of Dr. Izzo with Attachments A, B, and C, # 5 Exhibit 5. Letter from Amy Baker-Hatfield, # 6 Exhibit 6. ODE Letter of Findings, November 2013) (Wilson, Virginia) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
45

MOTION for Hearing by Defendant Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 01/20/2014)

Jan. 20, 2014

Jan. 20, 2014

PACER
46

RESPONSE in Opposition re 45 MOTION for Hearing filed by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
47

NOTICE of Correction by Plaintiffs Jim Gibson, Laurie Gibson re 46 Response in Opposition to Motion (Wilson, Virginia) Modified on 2/4/2014 (lk). (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
48

REPLY to Response to Motion re 45 MOTION for Hearing filed by Defendant Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
49

ORDER granting 42 Motion for transition remedy. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
50

ORDER denying 45 Motion for a Hearing on transition remedy. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
51

MOTION for Attorney Fees by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit 1 Fees Statement, # 2 Exhibit 2 Mooneyhan v. Husted, Doc 22 Decision and Entry Sustaining Motion for Fees and Costs, # 3 Exhibit 3 Doe v. Ohio, Doc 193 Order on Fees, # 4 Exhibit 4 Declaration for Fees Kerstin Sjoberg-Witt, # 5 Exhibit 5 Declaration for Fees Franklin Hickman, # 6 Exhibit 6 Declaration for Fees Virginia Wilson, # 7 Exhibit 7 Declaration for Fees Jason Boylan, # 8 Exhibit 8 Declaration for Fees Kristin Hildebrant, # 9 Exhibit 9 Declaration for Fees Christine Retherford, # 10 Exhibit 10 Declaration for Fees Laura Bordeau) (Wilson, Virginia) (Entered: 03/28/2014)

1 Exhibit 1 Fees Statement

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2 Exhibit 2 Mooneyhan v. Husted, Doc 22 Decision and Entry Sustaining Motion for F

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3 Exhibit 3 Doe v. Ohio, Doc 193 Order on Fees

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4 Exhibit 4 Declaration for Fees Kerstin Sjoberg-Witt

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5 Exhibit 5 Declaration for Fees Franklin Hickman

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6 Exhibit 6 Declaration for Fees Virginia Wilson

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7 Exhibit 7 Declaration for Fees Jason Boylan

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8 Exhibit 8 Declaration for Fees Kristin Hildebrant

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9 Exhibit 9 Declaration for Fees Christine Retherford

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10 Exhibit 10 Declaration for Fees Laura Bordeau

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March 28, 2014

March 28, 2014

Clearinghouse
52

MOTION for Payment of Invoice for Transition Evaluation by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit Invoice for Transition Evaluation, # 2 Exhibit Email to Opposing Counsel) (Wilson, Virginia) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
53

RESPONSE to Motion re 51 MOTION for Attorney Fees filed by Defendant Forest Hills Local School District Board of Education. (Attachments: # 1 Affidavit) (Fischer, J) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
54

MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Attorney Fees, 53 Response to Motion New date requested 5/15/2014. Proposed Order by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Text of Proposed Order) (Wilson, Virginia) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
55

RESPONSE to Motion re 52 MOTION for Payment of Invoice for Transition Evaluation filed by Defendant Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER
56

ORDER granting 54 Motion for Extension of Time to File Reply re 51 MOTION for Attorney Fees Replies due by 5/15/2014.. Signed by Chief Judge Susan J. Dlott on 4/29/14. (wam1) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
57

Transcript of Status Conference by Telephone Proceedings held on August 8, 2013, before Chief Judge Susan J. Dlott. Court Reporter/Transcriber Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/27/2014. Redacted Transcript Deadline set for 6/6/2014. Release of Transcript Restriction set for 8/4/2014. (Wolfer, Julie) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
58

REPLY to Response to Motion re 51 MOTION for Attorney Fees filed by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit Declaration and Report of Franklin Hickman) (Wilson, Virginia) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
59

REPLY to Response to Motion re 52 MOTION for Payment of Invoice for Transition Evaluation filed by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit Status Conference Transcript Excerpt) (Wilson, Virginia) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
60

Transcript of Status Conference Proceedings held on June 25, 2013, before Chief Judge Susan J. Dlott. Court Reporter/Transcriber Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/6/2014. Redacted Transcript Deadline set for 6/16/2014. Release of Transcript Restriction set for 8/14/2014. (Wolfer, Julie) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
61

ORDER by Chief Judge Susan J. Dlott granting 52 Motion for payment of invoice for transition evaluation; Forest Hills to pay the transition services assessment invoice in the amount of $4,800. (vp) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
62

CLERK'S JUDGMENT (wam1) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

PACER
63

NOTICE OF APPEAL by Defendant Forest Hills Local School District Board of Education. Filing fee $ 505.Receipt# 0648-04644559 (jlw). (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER

Notice of Correction re: 63 Notice of Appeal: This entry was filed without the document. Clerk added the document and regenerated the NEF. (jlw)

June 17, 2014

June 17, 2014

PACER

USCA Case Number 14-3575 for 63 Notice of Appeal filed by Forest Hills Local School District Board of Education. Case Manager - Laura A. Jones. (sct1)

June 17, 2014

June 17, 2014

PACER
64

MOTION to Stay by Defendant Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
65

NOTICE of Appearance by Kathleen M Trafford for Plaintiffs Jim Gibson, Laurie Gibson (Trafford, Kathleen) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
66

RESPONSE in Opposition re 64 MOTION to Stay filed by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit A - Letter of Findings ODE, # 2 Exhibit B - Declaration of Laurie Gibson) (Wilson, Virginia) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
67

ORDER granting 51 Motion for Attorney Fees. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

Clearinghouse
68

AMENDED AFFIDAVIT re 66 Response in Opposition to Motion Supplemental Declaration Laurie Gibson by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) Modified to clarify docket text on 7/21/2014 (jlw1). (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
69

ORDER by Chief Judge Susan J. Dlott denying 64 Motion to Stay pending appeal. (vp) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
70

[FILED IN ERROR] AMENDED DOCUMENT by Defendant Forest Hills Local School District Board of Education. Amendment to 63 Notice of Appeal . (Deters, William) Modified docket text on 8/20/2014 (sct1). (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER

Notice of Correction re 70 Amended Document: Document was actually a notice of appeal and the proper event to be used was notice of appeal. Counsel to refile using the notice of appeal event. (sct1)

Aug. 20, 2014

Aug. 20, 2014

PACER
71

NOTICE OF APPEAL by Defendant Forest Hills Local School District Board of Education. Filing fee $ 505, receipt number 0648-4696397. (Fischer, J) (Entered: 08/21/2014)

Aug. 21, 2014

Aug. 21, 2014

PACER
72

NOTICE OF CROSS APPEAL by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit Order Granting In Forma Pauperis in District Court Proceedings) (Wilson, Virginia) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER

USCA Case Number 14-3833 for 71 Notice of Appeal filed by Forest Hills Local School District Board of Education. Case Manager - Laura A. Jones. (sct1)

Aug. 26, 2014

Aug. 26, 2014

PACER

USCA Case Number 14-3834 for 72 Notice of Cross Appeal filed by Laurie Gibson, Jim Gibson. Case Manager - Laura A. Jones. (sct1)

Aug. 26, 2014

Aug. 26, 2014

PACER
73

Supplemental MOTION for Attorney Fees by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit 1. Supplemental Statement of Fees 02-19-2014 through 07-31-2014, # 2 Exhibit 2. Supplemental Declaration of Virginia Wilson, # 3 Exhibit 3. Supplemental Declaration of Kristin Hildebrant, # 4 Exhibit 4. Supplemental Declaration of Kerstin Sjoberg-Witt, # 5 Exhibit 5. Supplemental Declaration of Laura Bordeau, # 6 Exhibit 6. Supplemental Declaration of Christine Retherford, # 7 Exhibit 7. Supplemental Declaration of Jason Boylan) (Wilson, Virginia) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
74

RESPONSE to Motion re 73 Supplemental MOTION for Attorney Fees filed by Defendant Forest Hills Local School District Board of Education. (Fischer, J) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
75

Unopposed MOTION for Extension of Time to File Response/Reply as to 73 Supplemental MOTION for Attorney Fees, 74 Response to Motion New date requested 10/9/2014. by Plaintiffs Jim Gibson, Laurie Gibson. (Attachments: # 1 Exhibit Consent by FH to File Unopposed Motion for Extension) (Wilson, Virginia) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
76

ORDER by Chief Judge Susan J. Dlott granting 75 Motion for Extension of Time to File Response/Reply re 75 Unopposed MOTION for Extension of Time to File Response/Reply as to 73 supplemental motion for attorney fees. Replies due by 10/9/2014. (vp) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
77

Unopposed MOTION for Extension of Time to File Response/Reply as to 73 Supplemental MOTION for Attorney Fees, 74 Response to Motion New date requested 10/20/2014. by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
78

ORDER by Chief Judge Susan J. Dlott granting 77 Motion for Extension of Time to file a reply in support with a ddl of 10/20/14; no opposision to this memo. (vp) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
79

REPLY to Response to Motion re 73 Supplemental MOTION for Attorney Fees filed by Plaintiffs Jim Gibson, Laurie Gibson. (Wilson, Virginia) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
80

ORDER of USCA as to 71 Notice of Appeal filed by Forest Hills Local School District Board of Education, 72 Notice of Cross Appeal filed by Laurie Gibson, Jim Gibson, 63 Notice of Appeal filed by Forest Hills Local School District Board of Education consolidating the causes for purposes of briefing and submission. Briefing in all three (3) cases will be held in abeyance pending disposition of the currently pending motion to dismiss in case no. 14-3575. (sct1) Modified docket text on 11/14/2014 (eh1). (Entered: 11/13/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
81

ORDER of USCA as to 63 Notice of Appeal filed by Forest Hills Local School District Board of Education denying motion to dismiss. (sct1) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
82

ORDER sealing the administrative record while reserving access to the sealed record for the parties and their counsel. Signed by Judge Susan J. Dlott. (wam1) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
83

ORDER granting in part 73 Supplemental Motion for Attorney Fees. Signed by Judge Susan J. Dlott on 7/1/15. (wam) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

Clearinghouse
84

Subsequent NOTICE OF APPEAL as to 83 Order on Motion for Attorney Fees by Plaintiffs Jim Gibson, Laurie Gibson . (Attachments: # 1 Exhibit 1. Order Granting In Forma Pauperis to Plaintiffs-Appellees) (Wilson, Virginia) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER

USCA Case Number 15-3833 for 84 Subsequent Notice of Appeal filed by Laurie Gibson, Jim Gibson. Case Manager - Laura A. Jones. (sct)

Aug. 14, 2015

Aug. 14, 2015

PACER
85

ORDER of USCA as to 63, 71, 72 & 84 Notices of Appeal: The Sixth Circuit AFFIRM the judgment of the District Court, VACATE the District Court's orders concerning attorney's fees and REMAND this case for further proceedings consistent with this opinion. Note: Mandate to issue. (er) (Entered: 07/20/2016)

July 18, 2016

July 18, 2016

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: June 7, 2011

Closing Date: Nov. 2, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

individual student

Plaintiff Type(s):

Private 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

Forest Hills School District Board of Education, School District

Defendant Type(s):

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Government services

Individualized planning

School/University policies

Disability and Disability Rights:

Reasonable Accommodations

Special education

disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)