Case: Disability Rights Pennsylvania v. School District of Philadelphia

2:17-cv-04858 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 31, 2017

Closed Date: Oct. 24, 2019

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Case Summary

This case is about a Protection and Advocacy agency’s request to obtain contact information for the guardians of public school students who were on a waitlist for special education services. Disability Rights Pennsylvania (DRP) requested this information from the School District of Philadelphia citing both the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §§ 15041 et seq.) and Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.). The school district refused to provide the contact information and on October 31, 2017, DRP, representing itself, filed suit in the U.S. District Court for the Eastern District of Pennsylvania. The case was assigned to District Judge Nitza Quinones Alejandro. Bringing suit under 42. U.S.C. § 1983, DRP asked the court for declaratory and injunctive relief, as well as attorneys’ fees.

Soon after the case was filed, both parties filed motions asking the court to decide the ultimate legal question of whether the district was required to turn over the information. DRP filed a motion for summary judgment on March 1, 2018 while the School District filed a motion for judgment on the pleadings on March 8, 2018. On March 28, 2019, Judge Alejandro issued an opinion in favor of DRP but technically denying both the motions of both parties. She held that DRP was not required to show probable cause to suspect abuse or neglect or to prove that it had received a complaint in order to obtain the contact information it requested and ordered the district to turn over the information.

After Judge Alejandro’s ruling, DRP filed a motion for fees and costs on April 11, 2019, which they withdrew on April 25. The School District filed a notice of appeal on April 26, 2019. However, both parties dropped eventually dropped their respective requests. The case was dismissed without cost to either party on October 24, 2019.

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Summary Authors

NDRN (8/11/2022)

Jonah Hudson-Erdman (9/25/2022)

Documents in the Clearinghouse

	Document
1 2:17-cv-04858	Complaint	Oct. 31, 2017	Oct. 31, 2017 Complaint
6 2:17-cv-04858	Motion for Summary Judgment	March 1, 2018	March 1, 2018 Pleading / Motion / Brief
15 2:17-cv-04858	Memorandum Opinion	March 28, 2019	March 28, 2019 Order/Opinion
17 2:17-cv-04858	Plaintiff's Motion for an Award of Attorneys’ Fees and Costs	April 11, 2019	April 11, 2019 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13464432/disability-rights-pennsylvania-v-school-district-of-philadelphia/

Last updated June 28, 2023, 3:05 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA ( Filing fee $ 400 receipt number 168108.), filed by DISABILITY RIGHTS PENNSYLVANIA. (Attachments: # 1 Civil Cover Sheet)(jwl, ) (Entered: 10/31/2017) 1 Civil Cover Sheet View on PACER	Oct. 31, 2017	Oct. 31, 2017 Clearinghouse
2	Disclosure Statement Form pursuant to FRCP 7.1 by DISABILITY RIGHTS PENNSYLVANIA.(jwl, ) (Entered: 10/31/2017)	Oct. 31, 2017	Oct. 31, 2017 PACER
	Summons Issued as to WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA. Two Forwarded To: Counsel on 10/31/17 (jwl, )	Oct. 31, 2017	Oct. 31, 2017 PACER
3	SUMMONS Returned Executed by DISABILITY RIGHTS PENNSYLVANIA re: Gabriella Labella served Summons and Complaint upon All Defendants by Personal. All Defendants. (LABELLA, GABRIELLA) (Entered: 11/08/2017)	Nov. 8, 2017	Nov. 8, 2017 PACER
4	ANSWER to 1 Complaint with Affirmative Defenses by WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA.(COYLE, JOHN) (Entered: 12/07/2017)	Dec. 7, 2017	Dec. 7, 2017 RECAP
5	ORDER THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE HELD ON 4/18/2018, AT 11:00 AM, IN ROOM 8613, BEFORE HONORABLE NITZA I QUINONES ALEJANDRO, ETC. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 1/18/2018. 1/19/2018 ENTERED AND COPIES E-MAILED.(amas) (Entered: 01/19/2018)	Jan. 18, 2018	Jan. 18, 2018 PACER
6	MOTION for Summary Judgment filed by DISABILITY RIGHTS PENNSYLVANIA.Memorandum of Law, Certificate of Service. (Attachments: # 1 Exhibits A-H, # 2 Text of Proposed Order)(LABELLA, GABRIELLA) (Entered: 03/01/2018) 1 Exhibits A-H View on PACER 2 Text of Proposed Order View on PACER	March 1, 2018	March 1, 2018 Clearinghouse
7	MOTION for Judgment on the Pleadings filed by WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA.Memorandum of Law, Certificate of Service.(COYLE, JOHN) (Entered: 03/08/2018)	March 8, 2018	March 8, 2018 PACER
8	MOTION for Extension of Time to File Response/Reply (Unopposed) filed by WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA.Certificate of Service.(COYLE, JOHN) (Entered: 03/14/2018)	March 14, 2018	March 14, 2018 PACER
9	ORDER THAT DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 8 ) IS GRANTED. DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (RE: DOC. NO. 6 ) IS DUE 3/22/2018. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/20/2018.3/20/2018 ENTERED AND COPIES E-MAILED.(amas) (Entered: 03/20/2018)	March 20, 2018	March 20, 2018 PACER
10	RESPONSE in Opposition re 7 MOTION for Judgment on the Pleadings filed by DISABILITY RIGHTS PENNSYLVANIA. (Attachments: # 1 Text of Proposed Order)(LABELLA, GABRIELLA) (Entered: 03/22/2018)	March 22, 2018	March 22, 2018 PACER
11	RESPONSE in Opposition re 6 MOTION for Summary Judgment filed by WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA. (COYLE, JOHN) (Entered: 03/22/2018)	March 22, 2018	March 22, 2018 PACER
12	Report Of Rule 26(f) Meeting by DISABILITY RIGHTS PENNSYLVANIA. (LABELLA, GABRIELLA) (Entered: 04/02/2018)	April 2, 2018	April 2, 2018 PACER
13	ORDER THAT THE PRELIMINARY PRETRIAL CONFERENCE SCHEDULED FOR APRIL 18, 2018 IS CANCELED, AND WILL BE RESCHEDULED, IF NECESSARY, FOLLOWING HTE RESOLUTION OF THE MOTIONS THAT ARE OUTLINED HEREIN. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/13/18. 4/13/18 ENTERED AND COPIES E-MAILED.(lisad, ) (Entered: 04/13/2018)	April 13, 2018	April 13, 2018 PACER
14	NOTICE of Appearance by BONNIE M. HOFFMAN on behalf of WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA with Certificate of Service(HOFFMAN, BONNIE) (Entered: 01/30/2019)	Jan. 30, 2019	Jan. 30, 2019 PACER
15	MEMORANDUM OPINION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/27/2019. 3/28/2019 ENTERED AND COPIES E-MAILED.(amas) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 Clearinghouse
16	MEMORANDUM OPINION ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 6 ) AND DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 7 ) ARE DENIED. DEFENDANTS ARE OBLIGATED TO PROVIDE PLAINTIFF WITH THE CONTACT INFORMATION REQUESTED IN THE COMMUNICATIONS REFERENCED IN PARAGRAPHS 35 AND 36 OF THE COMPLAINT, AS OUTLINED HEREIN. THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER CLOSED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/27/2019. 3/28/2019 ENTERED AND COPIES E-MAILED.(amas) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 RECAP
17	MOTION for Attorney Fees and Costs filed by DISABILITY RIGHTS PENNSYLVANIA.Memorandum of Law and Certificate of Service. (Attachments: # 1 Exhibits A through L, # 2 Text of Proposed Order)(LABELLA, GABRIELLA) (Entered: 04/11/2019) 1 Exhibits A through L View on PACER 2 Text of Proposed Order View on PACER	April 11, 2019	April 11, 2019 Clearinghouse
18	MOTION to Withdraw 17 MOTION for Attorney Fees and Costs (Unopposed) filed by DISABILITY RIGHTS PENNSYLVANIA.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(LABELLA, GABRIELLA) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
19	NOTICE OF APPEAL as to 15 Memorandum and/or Opinion, 16 Order (Memorandum and/or Opinion),, by WILLIAM R. HITE, JR, SCHOOL DISTRICT OF PHILADELPHIA. Filing fee $ 505. Copies to Judge, Clerk USCA, Appeals Clerk and (HOFFMAN, BONNIE) (Entered: 04/26/2019)	April 26, 2019	April 26, 2019 PACER
20	NOTICE of Docketing Record on Appeal from USCA re 19 Notice of Appeal filed by WILLIAM R. HITE, JR., SCHOOL DISTRICT OF PHILADELPHIA. USCA Case Number 19-1966 (dmc, ) (Entered: 04/29/2019)	April 29, 2019	April 29, 2019 PACER
	USCA Appeal Fees	April 29, 2019	April 29, 2019 PACER
	USCA Appeal Fees received $ 505 receipt number PPE196355 re 19 Notice of Appeal filed by WILLIAM R. HITE, JR., SCHOOL DISTRICT OF PHILADELPHIA (rf, )	April 29, 2019	April 29, 2019 PACER
21	ORDER THAT PLAINTIFF'S MOTION TO WITHDRAW ITS MOTION (DOC. NO. 18 ) IS GRANTED. THE CLERK OF COURT IS DIRECTED TO MARK PLAINTIFF'S PRIOR MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS (DOC. NO. 17 ) AS WITHDRAWN. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 5/13/2019.5/13/2019 ENTERED AND COPIES E-MAILED.(amas) (Entered: 05/13/2019)	May 13, 2019	May 13, 2019 PACER
22	USCA ORDER AS TO 19 NOTICE OF APPEAL, FILED BY WILLIAM R. HITE, JR., AND SCHOOL DISTRICT OF PHILADELPHIA, THAT THIS MATTER IS HEREBY DISMISSED WITHOUT COST TO EITHER PARTY. (amas) (Entered: 10/24/2019)	Oct. 24, 2019	Oct. 24, 2019 PACER