Case: Maple Heights School District Board of Education v. A.C., Individually and on behalf of A.W., a Minor

1:14-cv-01033 | U.S. District Court for the Northern District of Ohio

Filed Date: May 12, 2014

Closed Date: June 27, 2016

Clearinghouse coding complete

Case Summary

This case involves the educational deprivation of an IDEA eligible student who had been expelled and placed on home bound instruction by defendant Maple Heights School District.  The plaintiff filed the lawsuit on May 12, 2014 alleging violations of IDEA  and seeking compensatory education  The case was assigned to Judge Christopher A. Boyko of the United States District Court, Northern District of Ohio.  On June 27, 2016, the court issued a ruling that affirmed decisions of the State Level Review Officer (SLRO), resulting in a finding in favor of a student and an award of compensatory education.  

The Court affirmed the decision of the SLRO that the student’s marijuana possession and iPod theft were manifestations of her disabilities, that her 2012-2013 IEP and March 2013 IEPs denied her a FAPE, and affirmed the SLRO’s determination of 125 compensatory education hours.

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5718820/parties/maple-heights-city-school-district-board-of-education-v-ac-etal/


Judge(s)

Boyko, Christopher A. (Ohio)

Attorney for Plaintiff

Chappell, Inajo D. (Ohio)

Paez-Paredes, Daniela (Ohio)

Attorney for Defendant

Hildebrant, Kristin E. (Ohio)

Osseck, Laura A. (Ohio)

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Documents in the Clearinghouse

Document
1

1:14-cv-01033

Complaint and Notice of Appeal from Administrative Proceeding Conducted Pursuant to 20 USC § 1401 ET SEQ.

Maple Heights City School District Board of Education v. A.C.

May 12, 2014

May 12, 2014

Complaint
5

1:14-cv-01033

Complaint for Civil Action and Counterclaim

Maple Heights City School District Board of Education v. A.C.

May 23, 2014

May 23, 2014

Complaint
39

1:14-cv-01033

Opinion and Order

Maple Heights School District Board of Education v. A.C., Individually on behalf of A.W.

June 27, 2016

June 27, 2016

Order/Opinion

2016 WL 2016

41

1:14-cv-01033

Parent A.C.’S Motion for Attorneys’ Fees and Costs and Motion to Lift the Stay in Case No. 1:13-CV-2710

Maple Heights City School District Board of Education v. A.C.

July 11, 2016

July 11, 2016

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5718820/maple-heights-city-school-district-board-of-education-v-ac-etal/

Last updated April 28, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against A.C., A.W. Filing fee paid $ 400, Receipt number 0647-6540021 Plaintiff has indicated that case may be related to pending civil action 13-cv-2710. Filed by Maple Heights City School District Board of Education. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons) (Thomas, Max) (Entered: 05/12/2014)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

May 12, 2014

May 12, 2014

Clearinghouse
2

Motion to Proceed Under Pseudonym filed by Plaintiff Maple Heights City School District Board of Education. (Attachments: # 1 Proposed Order)(Thomas, Max) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER

Judge Patricia A. Gaughan assigned to case. (C,B)

May 12, 2014

May 12, 2014

PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Baughman. (C,B)

May 12, 2014

May 12, 2014

PACER
3

Original Summons and Magistrate Consent Form issued for service upon A.C. (and A.W.). (Attachments: # 1 Magistrate Consent Form) (C,B) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER

Order [non-document]: Plaintiff's Motion to Proceed Under Pseudonym is Granted. Judge Patricia A. Gaughan on 5/13/14. (Related Doc # 2 ) (LC,S)

May 13, 2014

May 13, 2014

PACER
4

Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Christopher A. Boyko for all further proceedings. Judge Patricia A. Gaughan on 5/19/14. (LC,S) (Entered: 05/19/2014)

May 16, 2014

May 16, 2014

PACER

Judge Christopher A. Boyko assigned to case. Judge Patricia A. Gaughan terminated. (C,B)

May 19, 2014

May 19, 2014

PACER
5

Counterclaim against Maple Heights City School District Board of Education. Filed by A.C.. (Attachments: # 1 Exhibit Due Process Decision, # 2 Exhibit State Level Review Officer (SLRO) Decision) (Osseck, Laura) Modified on 5/23/2014 to restrict unredacted exhibits 1 and 2. Atty to file redacted copies. (B,R). (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

Clearinghouse
6

Joint notice of filing of exhibits to 5 Counterclaim, 1 Complaint, filed by A.C.. Related document(s) 5, 1 . (Attachments: # 1 Exhibit Redacted Due Process Decision, # 2 Exhibit Redacted State Level Review Officer (SLRO) Decision)(Osseck, Laura) Modified text on 5/28/2014 (P,G). (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER

IMPORTANT: Notice [non document] of Telephone Conference set for 6/11/2014 at 03:30 PM in Chambers 15B before Judge Christopher A. Boyko. Plaintiff shall initiate call to all counsel and then call the Court at 216-357-7151. (R,D)

June 9, 2014

June 9, 2014

PACER
7

Order. The Court orders the Clerk to enter the Administrative Record under Seal when it is delivered to the Court. Judge Christopher A. Boyko on 6/12/2014. (H,CM) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

PACER
8

Order. Telephone Status Conference held on 6/11/2014. The parties shall file Protective Order by 6/13/2014. Plaintiff/Appellant shall file Motion for Additional Evidence by 6/23/2014; Defendant/Appellee's response due by 7/8/2014. Cross briefs (50 page limit) due by 9/8/2014; Opposition briefs (50 page limit) due by 10/8/2014; and Reply briefs (25 page limit) due by 10/29/2014. (Court reporter: None; Time: 20 min) Judge Christopher A. Boyko on 6/12/2014. (H,CM) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

PACER
9

Joint Motion for protective order filed by Plaintiff Maple Heights City School District Board of Education, Counter-Defendant Maple Heights City School District Board of Education. Related document(s) 8 . (Attachments: # 1 Brief in Support, # 2 Proposed Order)(Thomas, Max) Memo in support uploaded as part of main document and again as an attachment. (P, S). (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
10

Stipulated Protective Order. (Related doc # 9 ). Judge Christopher A. Boyko on 6/17/2014. (H,CM) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
14

Administrative Record received from the Ohio Department of Education (in three boxes) Filed Under Seal. Related document(s) 7 . (C,B) Changed document number to 14 on 7/8/2014 (P,G). (C,B). Documents Filed Under Seal, with Access to Case Participants (Additional attachment(s) added on 7/9/2014: # 1 Box 1- Mar 5, 2014 State Level Review Officer's (SLRO) docket, Envelope 1, # 2 Box 1- Mar 5, 2014, SLRO's docket, Envelope 2, # 3 Box 1- Nov 20, 2013 Letter from Impartial Hrg Officer (IHO) Alexander to Due Process Coordinator Dervota that the certified record was mailed in 3 boxes) (C,B). (Additional attachment(s) added on 7/9/2014: # 4 Box 1- Nov 20, 2013 Certification of Record, from IHO Alexander, # 5 Box 1- Nov 20, 2013, Due Process Hrg. Exhibits (Labled Item 81), # 6 Box 1- Nov 7, 2013 IHO's Decision and Order, # 7 Box 1- Due Process Complaint and Request for Hrg., # 8 Box 1- Ohio Dept. of Education (ODE) letter appointing Ronald Alexander as IHO, with Due Process Complaint and Request for Hrg attached, # 9 Box 1- Mar 13, 2013 IHO's scheduling letter to the parties, # 10 Box 1- IHO's Notice of Rights letters to parties, # 11 Box 1- Mar 13, 2013 Order: Stay Put Request Responsive Pleading, # 12 Box 1 - March 26, 2013 Notice of Appearance of Atty. Chappell) (C,B). (Additional attachment(s) added on 7/9/2014: # 13 Box 1- Mar 26, 2013 Respondent's letter requesting extension of time of file responsive pleading to Stay-Put Request, # 14 Mar 27, 2013 Petitioner's motion to extend hrg decision due date, # 15 Box 1- Mar 27, 2013 Petitioner's letter to Respondent's Request for extension of time to file responsive pleading to Stay-Put Reequest, # 16 Mar 27, 2013 Ruling: School's Responsive Pleading to Stay-Put Motion, # 17 Box 1- Mar 27, 2013 Respondent's Objections and Brief in Opposition to Petitoner's Motion for Stay-Put, # 18 Box 1- Mar 27, 2013 IHO's Ruling and Order, # 19 Box 1- Mar 27, 2013 Order: Expedited Due Process Hrg., # 20 Box 1- Mar 29,2013 Petitioner's Motion for Reconsideration of Expedited Timeline) (C,B). (Additional attachment(s) added on 7/9/2014: # 21 Box 1- Mar 29, 2013 Order Scheduling Stay-Put Hrg., # 22 Box 1- Apr 1, 2013 Notice of Appearance of Atty. Brown) (C,B). (Additional attachment(s) added on 7/9/2014: # 23 Box 1- Apr 1, 2013 Order: Expedited Due Process Hrg., # 24 Box 1- Apr 1, 2013 Respondent's Motion for Extension of Time & Postponement of Evidentiary Hrg. on Stay-Put Motion, # 25 Box 1- April 1, 2013 Ruling on Motion for Reconsideration of Expedited Timeline, # 26 Box 1- Apr 1, 2013 Ruling and Amended Order Scheduling Stay-Put Hrg., # 27 Box 1- Apr 1, 2013 Order: Non-Expedited Due Process Hrg., # 28 Box 1- Apr 4, 2013 Transcript of Disclosure Conference for the Expedited Portion of the Due Process Hrg., # 29 Box 1- Apr 4, 2013 Notice of Apperance of Petitioner's Atty. Hamalian, # 30 Box 1- April 4, 2013 Notice of Appearance of Petitioner's Atty. Hildebrant, # 31 Box 1- Apr 12, 2013 Respondent's Motion in Limine to Exclude Evidence and Claims from Admission at Stay-Put Hrg., # 32 Box 1- Apr 12, 2013 Petitioner's Motion to Enforce Settlement Agreement, # 33 Box 1- Apr 15, 2013 Petitioner's Response to and Motion to Strike Respondent's Motion in Limine to Exclude Evidence, # 34 Box 1- Apr 15, 2013 Petitioner's Motion to Strike Respondent's Motion to Enforce Settlement Agreement and Request for Additional Time, # 35 Box 1- Apr 16, 2013 Transcript- Disclosure Conference) (C,B). (Additional attachment(s) added on 7/9/2014: # 36 Box 1- Apr 16, 2013 Transcript: Expedited Due Process Hrg., # 37 Box 1- Transcript: Stay-Put Evidentiary Hrg., # 38 Box 1- Apr 16, 2013 Order: Extension, # 39 Box 1- Apr 17, 2013 Parent's Clarification of Issues, # 40 Box 1- Apr 18, 2013 Order: Amended, # 41 Box 1- Apr 19, 2013 Respondent's Amended Motion to Enforce Settlement Agreement, # 42 Box 1- Apr 19, 2013 Respondent's Response to Clarification of Issues, # 43 Box 1- Apr 22, 2013 Petitioner's Post Hrg. Brief on Motion for Stay-Put, # 44 Box 1- Apr 25, 2013 Petitioner's Response to Respondent's Motion to Enforce Settlement Agreement, # 45 Box 1- Apr 26, 2013 Notice of Appearance of Atty. Harrison, # 46 Box 1- May 1, 2013 Joint Stipulation of the Parties, # 47 Box 1- May 1, 2013 Respondent's Motion for Admission of Surveillance Video of Student Theft, # 48 Box 1- May 1, 2013 Petitioner's Motion for an Order Requiring Disclosure of Any Evidence, Including evaluation by Respondent's Experts at Least 5 business days before start of hrg., # 49 Box 1- May 1, 2013 Peititoner's Motion for an Order regarding the IHO's Intention to hear Sec. 504 claims, # 50 Box 1- May 1, 2013 Petitioner's Motion to Supplement Subpoenas and Permit Expert Observation at School and the Library, # 51 Box 1- May 2, 2013 Petitioner's Motion to Supplement the Record with New Evidence) (C,B). (Additional attachment(s) added on 7/9/2014: # 52 Box 1- May 3, 2013 Ruling: Stay-Put Motion, # 53 Box 1- May 7, 2013 Petitioner's Unopposed Motion to Extend Expert Disclosure Date, # 54 Box 1- May 8, 2013 Petitioner's Request for Immediate Status Conference, # 55 Box 1- May 8, 2013 Respondent's Objection and Brief in Opposition to Petitioner's Motion to Supplement the Record with New Evidence, # 56 Box 1- May 8, 2013 Petitioner's Response to Respondent's Motion for Admission of Surveillance Video of Student Theft into Evidence, # 57 Box 1- May 8 Petitioner's Motion to Quash the Subpoena Duces Tecum of Dr. Vanessa Jensen, # 58 Box 1- May 9, 2013 Subpoenas, # 59 Box 1- May 9, 2013 Order Granting Petitioner's Unopposed Motion to Extend Expert Report disclosure date, # 60 Box 1- May 13, 2013 Ruling: School's Motion to Enforce Settlement Agreement, # 61 Box 1- Respondent's Prehrg. Brief, # 62 Box 1- May 13, 2013 Respondent's motion for leave to file Sur-Reply to Petitioner's Response to Respondent's Motion for Admission of Surveillaanace Video of Student Theft into Evidence, Instanter, # 63 Box 1- May 13, 2013 Ruling on School's Motion for Admission of Surveillance Video of Student Theft Offense into Evidence, # 64 Box 1- May 13, 2013 that IHO will not rule on Parent's Motion for an Order of IHO's intention to hear Sec. 504 Claims (Ruling: Parent's Motion for an Order)) (C,B). (Additional attachment(s) added on 7/9/2014: # 65 Box 1- May 15, 2013 Ruling on Parent's Motion to Supplement Record with New Evidence, # 66 Box 1- Declaration of Laura Osseck, # 68 Box 1- #67 May 30, 2013 Order: Post Hrg. Briefs, # 69 Box 1- #68 July 12, 2013 Joint Motion to Clarify Order on Post-Hrg Briefs, # 70 Box 1- #69 July 12, 2013 Order: Post-Hrg. Briefs, # 71 Box 1- #70 June 12, 2013 Petitioner's Post-Hrg. Brief, # 72 Box 1- #71 July 29, 2013 Respondent's Post-Hrg. Brief, # 73 Box 1- #72 Aug 28, 2013 Joint Motion to Extend Deadline for Decision and to Renew Petitioner's Motion for Reconsideration of Expedited Timeline, # 74 Box 1- #73 Sep 11, 2013 Order: Extension, # 75 Box 1- #74 Sep 30, 2013 Petitioner's Motion to Extend Dealine for Decision, # 76 Box 1- #75 Oct 1, 2013 School's Request for an Extension, # 77 Box 1- #76 Oct 1, 2013 Petitioner's Objection to an Extension, # 78 Box 1- #77 Oct 1, 2013 Order: Extension, # 79 Box 1- #78 Oct 14, 2013 Petitioner's Objection to an Extension, # 80 Box 1- #79 Oct 15, 2013 Order: Extension) (C,B). (Additional attachment(s) added on 7/9/2014: # 81 Box 1 #80- Warshaw, Alloy and Sabb and portions of another document (Same as document #5, Item 81), # 82 Box 1 #81 Apr 15, 2013 Ruling (document in box 1, that wasn't listed on the Certification of the Record of Administrative Proceedings), # 83 Box 1- #82 Respondent's Post-Hrg. Brief (document in Box 1 not listed on Certification of Record of Administrative Proceedings), # 84 Box 1 #83 May 13, 2013 Ruling on Parent's motion for an order requiring disclosure of any evidence including evaluations by Respondent's Experts at least 5 business days before the start of the hrg. (document in Box 1 not listed on Certification of Record of Administrative Proceedings) (C,B). (Additional attachment(s) added on 7/9/2014: # 85 Box 2- #1 Nov 20, 20113 Letter from IHO (same as Box 1 # 3), # 86 Box 2 #2 Nov 20, 2013 Certification of the Record (same as Box 1 # 4), # 87 Box 2 #3- Exhibit List of Respondent, # 88 Box 2 #4- School's Exhibits- Stay-Put Hrg. Binder, # 89 Box 2 #5- Petitioner's Stay-Put Hrg. Binder) (C,B). (Additional attachment(s) added on 7/9/2014: # 90 Box 2 #6- Petitioner Binder 1 of 2 (divided into 3 parts)), # 91 Box 2 #6- Petitioner Binder 1 (second part), # 92 Box 2 #6- Petitioner Binder 1 (3rd part), # 93 Box 2 #7- Petitioner Binder 2 of 2 (divided in 2 parts), # 94 Box 2 #7- Petitioner Binder 2 (2nd part)) (C,B). (Additional attachment(s) added on 7/9/2014: # 95 Box 2 #8- Joint Binder- Joint Exhibits 1-36) (C,B). (Additional attachment(s) added on 7/9/2014: # 96 Box 3 #4 Transcript of Hrg. May 16, 2013 (one copy), # 97 Box 3 #5- Transcript of Hrg. May 20, 2013, # 98 Box 3 #6- Transcript of Hrg. May 21, 2013) (C,B). (Additional attachment(s) added on 7/9/2014: # 99 Box 3 #7- Transcript of Hrg. May 22, 2013, # 100 Box 3 #8- Transcript of Hrg. May 29, 2013, # 101 Box 3 #9- Transcript of Hrg. June 13, 2013 (AM), # 102 Box 3 #10- Transcript of Hrg. June 13, 2013 (PM)) (C,B). (Additional attachment(s) added on 7/9/2014: # 103 Box 3 #11- Transcript of Hrg. June 17, 2013 (PM), (Seems to be in error- same as Box 3 #10 except the date says June 17th instead of June 13th)) Box 3 ##1-3 are the same as Box 1 ##3-5 (A copy of Document #3 for Box 3 was not included in the box) (C,B). (A document Link for #67 was skipped and does not exist) Regenerated NEF on 07/10/2014. (C,B). (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER

Order (non-document). Parties shall confer and submit to the Court by 6/24/2014 proposed agreed upon dates and times for a telephone conference to discuss alternatives to electronically filing the administrative record. Because of the size of the record, electronic scanning will place an undue burden on the Clerk's Office. Judge Christopher A. Boyko on 6/18/2014. (H,CM)

June 18, 2014

June 18, 2014

PACER

IMPORTANT: Notice [non document] of Telephone Conference set for 6/25/2014 at 10:00 AM in Chambers 15B before Judge Christopher A. Boyko. Plaintiff shall initiate call to all counsel and then call the Court at 216-357-7151. (R,D)

June 19, 2014

June 19, 2014

PACER
11

Attorney Appearance for Defendants by Kristin E. Hildebrant filed by on behalf of A.C.. (Hildebrant, Kristin) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER
12

Notice Concerning Contemplated Motion for Additional Evidence filed by Maple Heights City School District Board of Education. Related document(s) 8 .(Thomas, Max) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
13

Waiver of Service Returned Executed by A.C.. Maple Heights City School District Board of Education waiver sent on 5/27/2014, answer due 7/28/2014. filed on behalf of A.C. (Osseck, Laura) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

PACER

Minute Order [non-document] of Telephone Status Conference held on 6/25/2014. After discussion with counsel and Clerk's Office personnel, the Clerk's Office is ordered to scan and electronically file the Record of Administrative Proceedings within two weeks of this Order. The Record shall remain under seal and the Clerk's Office is ordered to provide electronic access to the sealed record to counsel for parties. (Court reporter: None; Time: 15 min.) Judge Christopher A. Boyko on 6/25/2014. (H,CM)

June 25, 2014

June 25, 2014

PACER

Order (non-document). Having received the 13 Waiver of Service of Summons, the Court will not require an answer to the counterclaim to be filed since the pending action is an administrative appeal. Judge Christopher A. Boyko on 6/26/2014. (H,CM)

June 26, 2014

June 26, 2014

PACER
15

Joint Motion for leave To File Initial Briefs Under Seal filed by Counter-Claimant A.C., Defendant A.C.. Related document(s) 10 . (Osseck, Laura) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
16

Marginal Entry Order granting Joint Motion for leave file briefs under seal (Related Doc # 15 ). Judge Christopher A. Boyko on 9/4/2014.(H,CM) (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
17

SEALED Document: Initial Brief of State Level Review Officer's Issues for Review filed by A.C.. Related document(s) 16 . (Attachments: # 1 Exhibit Case - Maple Heights City School District, 45 IDELR 201 (SEA OH 2006))(Osseck, Laura) Modified text on 9/9/2014 (P,G). (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
18

SEALED Document: Cross-Brief filed by Maple Heights City School District Board of Education. Related document(s) 16 . (Attachments: # 1 Exhibit District of Columbia Public Schools, 59 IDELR 88 (D.C. State Educ. Agency, Feb. 3, 2012), # 2 Exhibit Grapevine-Colleyville Sch. Dist. V. Danielle R., N.D. Tex. No. 4:98-CV-703-A, 31 IDELR 103 (Oct. 27, 1999), # 3 Exhibit Greenwich Board of Education, 110 LRP 30245 (Conn. State Educ. Agency, 2010), # 4 Exhibit In re: Student with a Disability, LEA-12-003, 112 LRP 49628 (Wisc. State Educ. Agency, May 14, 2012), # 5 Exhibit Inland Lakes Public Schools, SEH 09-46, 2009-1394, 110 LRP 20187 (Mich. State Educ. Agency, October 26, 2009), # 6 Exhibit Letter to Graham, 34 IDELR 180, 34 LRP 73 (Office of Special Educ. Programs, Dec. 20, 2000))(Thomas, Max) Modified text on 9/9/2014 (P,G). (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
19

Joint Motion for leave to File Opposition and Reply Briefs Under Seal filed by Counter-Claimant, Defendant A.C. Related document 10 . (Osseck, Laura) Modified text on 10/2/2014 (M,De). (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
20

Marginal Order granting Joint Motion for leave to file opposition briefs and reply briefs under seal (Related Doc # 19 ). Judge Christopher A. Boyko on 10/7/2014.(R,D) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
21

Agreed Motion for extension of time until October 10, 2014 to File Opposition Briefs filed by Plaintiff Maple Heights City School District Board of Education, (Related document # 8 ). (Thomas, Max) Modified on 10/10/2014 to create link (P,G). (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER

Order [non-document]granting 21 Agreed Motion for Two-day Extension of Time until 10/10/2014 to file opposition briefs under seal. Judge Christopher A. Boyko on 10/8/2014.(R,D)

Oct. 8, 2014

Oct. 8, 2014

PACER
22

SEALED Document: Brief in Opposition to Maple Heights Initial Cross-Brief filed by A.C.. Related document(s) 20, 18 . (Osseck, Laura) Modified text on 10/14/2014 (P,G). (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
23

SEALED Document: Opposition Brief filed by Maple Heights City School District Board of Education. Related document(s) 20, 17 . (Attachments: # 1 Exhibit 1 - Maple Heights City Sch. Dist. 45 IDELR 201 (SEA OH 2006), # 2 Exhibit 2 - In re Owen J. Roberts Sch. Dist., 29 IDELR 742 (SEA Pa. 1998), # 3 Exhibit 3 - Jackson v District of Columbia, 59 IDELR 101 (U.S. District Court. D.C., July 10, 2012), # 4 Exhibit 4 - T.E., et al., v. Cumberland Valley School District, No. 13-cv-643, 62 IDELR 204 (M.D. Pa. 2014), # 5 Exhibit 5 - Letter to Graham, 34 IDELR 180, 34 LRP 73 (OSEP Dec. 20, 2000))(Thomas, Max) Modified text on 10/14/2014 (P,G). (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
24

Agreed Motion for extension of time until November 14, 2014 to file reply briefs under seal filed by Plaintiff Maple Heights City School District Board of Education, Counter-Defendant Maple Heights City School District Board of Education. Related document(s) 8 . (Thomas, Max) Modified text on 10/24/2014 (P,G). (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER

Order [non-document] granting parties' agreed 24 Motion to Extend time until 11/14/2014 to file reply briefs under seal. Judge Christopher A. Boyko on 10/27/2014.(H,CM)

Oct. 27, 2014

Oct. 27, 2014

PACER
25

Unopposed Motion for leave to File Under Seal a Motion for Leave to Admit Additional Evidence filed by Counter-Claimant A.C., Defendant A.C.. Related document(s) 10 . (Osseck, Laura) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
26

Marginal Order granting Defendant's Unopposed Motion for leave to file under seal a motion for leave to admit additional evidence (Related Doc # 25 ). Judge Christopher A. Boyko on 11/12/2014.(R,D) Modified text on 11/13/2014 (P,G). (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
27

SEALED Motion to Admit Additional Evidence 26, 23 filed by Counter-Claimant A.C., Defendant A.C.. Related document(s) 26, 23 . (Attachments: # 1 Exhibit 1. ODE Letter of Findings, # 2 Exhibit 2. A.W.'s 2014-2015 IEP)(Osseck, Laura) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
28

SEALED Document: Reply in Support of Their Initial Brief of State Level Review Officer's Issues for Review filed by A.C.. Related document(s) 20, 23, 22 . (Osseck, Laura) Modified text on 11/19/2014 (P,G). (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
29

SEALED Document: Reply Brief filed by Maple Heights City School District Board of Education. Related document(s) 20,. (Thomas, Max) Modified text on 11/19/2014 (P,G). (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
30

SEALED Document:Response of Plaintiff/Appellants To Defendant/Counter-Claimants Motion To Admit Additional Evidence And Clarification With Respect To Compensatory Education filed by Maple Heights City School District Board of Education. Related document(s) 26, 27 . (Thomas, Max) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
31

SEALED Document:Reply in Support of Motion for Leave to Admit Additional Evidence filed by A.C.. Related document(s) 26, 27, 30 . (Osseck, Laura) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
32

Joint Motion for leave to File Under Seal a Joint Supplemental Statement of Facts filed by Counter-Claimant A.C., Defendant A.C.. Related document(s) 10 . (Osseck, Laura) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
33

Marginal Entry Order granting Joint Motion for leave to file joint supplemental statement of facts under seal (Related Doc # 32 ). Judge Christopher A. Boyko on 1/6/2015.(H,CM) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
34

SEALED Document: Joint Supplemental Statement of Facts filed by Maple Heights City School District Board of Education. Related document(s) 33 . (Attachments: # 1 Exhibit 1 - Applewood School Based Services Webpage, # 2 Exhibit 2 - Applewood After School Programs Webpage)(Thomas, Max) Modified text on 1/9/2015 (P,G). (Entered: 01/07/2015)

Jan. 7, 2015

Jan. 7, 2015

PACER
35

Motion to substitute attorney Daniela Paez Paredes in place of attorney Max W. Thomas filed by Plaintiff Maple Heights City School District Board of Education. (Paez-Paredes, Daniela) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER

Order [non-document] granting Plaintiff's Motion to substitute counsel; attorney Daniela Paez Paredes added and attorney Max W. Thomas removed from case (Related Doc # 35 ). Judge Christopher A. Boyko on 8/3/2015.(H,CM)

Aug. 3, 2015

Aug. 3, 2015

PACER
36

Order. Defendant's Motion to Admit Additional Evidence (Related doc # 27 ) is granted in part. Judge Christopher A. Boyko on 9/15/2015.(H,CM) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
37

Order. The parties to supplement the record by 10/21/2015, by producing to the Court, the 8/27/2012 Due Process Complaint filed by A.C. that was allegedly resolved by the December 2012 settlement agreement. Judge Christopher A. Boyko on 10/14/2015. (H,CM) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
38

Joint Proposed Stipulation to Supplement the Record filed by Maple Heights City School District Board of Education. (Attachments: # 1SEALED Supplement 2012 Due Process Complaint)Related document(s) 37, 10 . (Paez-Paredes, Daniela) Modified text to seal attachment on 10/19/2015 (R,Sh). (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

PACER
39

Opinion and Order. The Court affirms the decisions of the State Level Review Officer in all respects. Judge Christopher A. Boyko on 6/27/2016. (H,CM) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

Clearinghouse
40

Judgment. The Court has filed its opinion and order in this matter. Accordingly, this action is terminated pursuant to Federal Rule of Civil Procedure 58. Judge Christopher A. Boyko on 6/27/2016. (H,CM) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
41

Motion for attorney fees and Costs and Motion to Lift the Stay in Case No. 1:13-CV-2710 by Laura A. Osseck filed by Counter-Claimant A.C., Defendant A.C.. Related document(s) 39 . (Attachments: # 1 Exhibit 1 - Fees Statement, # 2 Exhibit 2 - Bill of Costs, # 3 Exhibit 3 - Declaration of Kerstin Sjoberg-Witt, Esq., # 4 Exhibit 4 - Decision and Entry Sustaining Plaintiffs Motion for Attorneys Fees and Costs, # 5 Exhibit 5 - Order Granting Motion for Attorneys Fees, # 6 Exhibit 6 - Declaration of Franklin J. Hickman, # 7 Exhibit 7 - Declaration of Laura Osseck, Esq., # 8 Exhibit 8 - Declaration of Kristin Hildebrant, Esq., # 9 Exhibit 9 - Declaration of Laura E. Bordeau, # 10 Exhibit 10 - Declaration of Leslie Cole)(Osseck, Laura). Added Motion to lift stay on 7/13/2016 (P,G). (Entered: 07/11/2016)

1 Exhibit 1 - Fees Statement

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2 Exhibit 2 - Bill of Costs

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3 Exhibit 3 - Declaration of Kerstin Sjoberg-Witt, Esq.

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4 Exhibit 4 - Decision and Entry Sustaining Plaintiffs Motion for Attorneys Fees a

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5 Exhibit 5 - Order Granting Motion for Attorneys Fees

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6 Exhibit 6 - Declaration of Franklin J. Hickman

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7 Exhibit 7 - Declaration of Laura Osseck, Esq.

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8 Exhibit 8 - Declaration of Kristin Hildebrant, Esq.

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9 Exhibit 9 - Declaration of Laura E. Bordeau

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10 Exhibit 10 - Declaration of Leslie Cole

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July 11, 2016

July 11, 2016

Clearinghouse
42

Unopposed Motion for extension of time to Respond to Defendant's Motion for Attorneys' Fees and Costs and Motion to Lift Stay in 1:13cv2710 until August 29, 2016 filed by Plaintiff Maple Heights City School District Board of Education, Counter-Defendant Maple Heights City School District Board of Education. Related document(s) 41 . (Paez-Paredes, Daniela) Modified text on 7/20/2016 (P,G). (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER

Order [non-document]granting 42 Unopposed Motion to Extend Deadline for Plaintiff to Respond to defendant's Motion for Attorneys' Fees and Costs and Motion to Stay until 8/29/2016. Judge Christopher A. Boyko on 7/20/2016.(R,D)

July 20, 2016

July 20, 2016

PACER
43

Second unopposed Motion for extension of time until September 28, 2016 to extend deadline to respond to 41 Motion for attorney fees and Costs and Motion to Lift the Stay in Case No. 1:13-CV-2710 filed by Plaintiff Maple Heights City School District Board of Education, Counter-Defendant Maple Heights City School District Board of Education. (Paez-Paredes, Daniela) Modified text on 8/25/2016 (P,G). (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER

Order [non-document] granting Plaintiff's unopposed 43 Motion for extension of time until 9/28/2016 to respond to Motion for attorneys' fees and Motion to lift stay. Judge Christopher A. Boyko on 8/25/2016.(H,CM)

Aug. 25, 2016

Aug. 25, 2016

PACER
44

Brief in Opposition to 41 Motion for attorney fees and Costs and Motion to lift stay filed by Maple Heights City School District Board of Education. (Attachments: # 1 Exhibit Declaration of Inajo Davis Chappell)(Yeagley, David) Modified text on 9/29/2016 (P,G). (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
45

Reply in support of 41 Motion for attorney fees and Costs and Motion to Lift the Stay in Case No. 1:13-CV-2710 by Laura A. Osseck filed by All Defendants. (Osseck, Laura) Modified text on 10/11/2016 (P,G). (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
46

Motion for telephone conference filed by Plaintiff Maple Heights City School District Board of Education. (Yeagley, David) Modified text on 10/24/2016 (P,G). (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
47

Response to 46 Motion for conference/hearing filed by A.C.. (Osseck, Laura) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER

Order [non-document]. Plaintiff's Motion for conference (Related doc # 46 ) is granted in part. Attorney Status Conference set for 11/21/2016 at 11:00 AM in Chambers 15B. Judge Christopher A. Boyko on 11/10/2016.(H,CM)

Nov. 10, 2016

Nov. 10, 2016

PACER

Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Status Conference held on 11/21/2016. Parties shall submit position statements to the Court by 12/2/2016. Parties shall meet and confer with Euclid school representatives to discuss provision of services. Parties shall file joint status report to the Court within 10 days after the meeting. (Court Reporter: None; Time: 30 min.) (H,CM)

Nov. 23, 2016

Nov. 23, 2016

PACER

Order (non-document). Pursuant to the parties' email notice of 12/1/2016, the Court vacates its Order of 11/23/2016 requiring position statements from all parties by 12/2/2016. Parties shall file a joint status report on settlement discussions by 1/4/2017. Judge Christopher A. Boyko on 12/2/2016. (H,CM)

Dec. 2, 2016

Dec. 2, 2016

PACER

Order (non-document). Parties shall file a written joint status report on settlement by 1/31/2017. Judge Christopher A. Boyko on 1/4/2017. (H,CM)

Jan. 4, 2017

Jan. 4, 2017

PACER

Order (non-document). Parties shall file a written joint status report on settlement by 2/14/2017. Judge Christopher A. Boyko on 2/2/2017. (H,CM)

Feb. 2, 2017

Feb. 2, 2017

PACER

Order

Feb. 2, 2017

Feb. 2, 2017

PACER
48

Order of Dismissal with prejudice. The Court retains jurisdiction to enforce Settlement Agreement. Judge Christopher A. Boyko on 2/14/2017. (H,CM) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: May 12, 2014

Closing Date: June 27, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

K-12 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

Maple Heights 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:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

disability, unspecified