Case: J.R. v. Austin Independent School District

1:21-cv-00279 | U.S. District Court for the Western District of Texas

Filed Date: March 29, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 29, 2021, Disability Rights Texas and several individual plaintiffs filed this lawsuit in the U.S. District Court for the Western District of Texas challenging the Austin School District’s failure to timely evaluate students for eligibility under the Individuals with Disabilities Education Act (IDEA). The plaintiffs alleged that an estimated 800 students were on a waiting list for initial evaluations and twice as many students were late for their triennial reevaluations, in large part to a shortage of school psychologists. According to the plaintiffs, this violated both the IDEA and Section 504 of the Rehabilitation Act of 1973. They requested declaratory and injunctive relief, as well as attorneys' fees. The case was assigned to District Judge Lee Yeakel.

The plaintiffs filed a motion for a preliminary injunction on April 23, 2022, but withdrew it before Judge Yeakel could rule.  As of February 2023, the case is in discovery. 

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59772751/parties/r-v-austin-independent-school-district/


Judge(s)
Attorney for Plaintiff

Carter, Shiloh (Texas)

Manne, Neal Stuart (Texas)

Peterson, David M. (Texas)

Attorney for Defendant

Brush, Jonathan Griffin (Texas)

Gould, Alexa (Texas)

Documents in the Clearinghouse

Documents in this case
1

1:21-cv-00279

Plaintiffs' Original Complaint

March 29, 2021

March 29, 2021

Complaint
14

1:21-cv-00279

Plaintiffs' Motion for Preliminary Injunction

April 23, 2021

April 23, 2021

Pleading / Motion / Brief
29

1:21-cv-00279

Plaintiffs’ Reply in Support of Motion for Preliminary Injunction

May 12, 2021

May 12, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59772751/r-v-austin-independent-school-district/

Last updated July 13, 2026, 5:23 a.m.

Docket for: R. v. Austin Independent School District
ECF Number Date Description Link
1 March 29, 2021

COMPLAINT ( Filing fee $ 402 receipt number 0542-14637591). No Summons requested at this time, filed by Clint T., Laurie J., Jarin S., Maria N., Joe R., Sean S., Damon J., Analisa R., Disability Rights Texas, Andrea T..(Peterson, David) (Additional attachment(s) added on 3/29/2021: # 1 Civil Cover Sheet) (cj). (Entered: 03/29/2021)

1 Civil Cover Sheet

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2 March 29, 2021

Pro Hac Vice Letter mailed to Dustin Rynders re: non-admitted status. (cj) (Entered: 03/29/2021)

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3 March 29, 2021

REQUEST FOR ISSUANCE OF SUMMONS by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. for Austin Independent School District (Peterson, David) (Entered: 03/29/2021)

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4 March 29, 2021

MOTION to Appear Pro Hac Vice by L. Kym Davis Rogers for Dustin Rynders ( Filing fee $ 100 receipt number 0542-14640473) by on behalf of Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Attachments: # 1 Proposed Order)(Rogers, L.) (Entered: 03/29/2021)

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5 March 29, 2021

Summons Issued as to Austin Independent School District. (cc3) (Entered: 03/29/2021)

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6 March 29, 2021

Summons Issued as to Austin Independent School District. (cc3) (Entered: 03/29/2021)

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March 29, 2021

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

March 29, 2021

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (cj)

March 29, 2021

Case Assigned/Reassigned

March 29, 2021

To be Referred to AU Mag Judge

7 March 30, 2021

ORDER GRANTING 4 Motion to Appear Pro Hac Vice as to Dustin Wade Rynders. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (cc3) (Entered: 03/30/2021)

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8 April 5, 2021

SUMMONS Returned Executed by Clint T., Laurie J., Jarin S., Maria N., Joe R., Sean S., Damon J., Analisa R., Disability Rights Texas, Andrea T.. Austin Independent School District served on 3/31/2021, answer due 4/21/2021. (Peterson, David) (Entered: 04/05/2021)

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9 April 8, 2021

NOTICE of Attorney Appearance by Amy C. Tucker on behalf of Austin Independent School District. Attorney Amy C. Tucker added to party Austin Independent School District(pty:dft) (Tucker, Amy) (Entered: 04/08/2021)

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10 April 8, 2021

NOTICE of Attorney Appearance by Jonathan Griffin Brush on behalf of Austin Independent School District. Attorney Jonathan Griffin Brush added to party Austin Independent School District(pty:dft) (Brush, Jonathan) (Entered: 04/08/2021)

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11 April 8, 2021

NOTICE of Attorney Appearance by Alexa Gould on behalf of Austin Independent School District. Attorney Alexa Gould added to party Austin Independent School District(pty:dft) (Gould, Alexa) (Entered: 04/08/2021)

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12 April 15, 2021

Unopposed MOTION for Extension of Time to File RULE 12 RESPONSIVE PLEADINGS by Austin Independent School District. (Attachments: # 1 Proposed Order)(Tucker, Amy) (Entered: 04/15/2021)

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13 April 19, 2021

ORDER GRANTING 12 Motion for Extension of Time to File. Signed by Judge Lee Yeakel. (cc3) (Entered: 04/19/2021)

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14 April 23, 2021

MOTION for Preliminary Injunction by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Attachments: # 1 Exhibit 1 Declaration of Laurie F., # 2 Exhibit 2 Declaration of Andrea T., # 3 Exhibit 3 Declaration of Analisa R., # 4 Exhibit 4 Declaration of Jarin S., # 5 Exhibit 5 Declaration of Jennifer Covington, # 6 Exhibit 6 Declaration of Amy Leigh Shatila, # 7 Exhibit 7 Declaration of Jessica J. O'Bleness, # 8 Exhibit 8 Declaration of Catherine Huntley, # 9 Exhibit 9 Declaration of Dr. Janette Hahn, # 10 Proposed Order Granting Preliminary Injunction)(Peterson, David) (Entered: 04/23/2021)

1 Exhibit 1 Declaration of Laurie F.

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2 Exhibit 2 Declaration of Andrea T.

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3 Exhibit 3 Declaration of Analisa R.

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4 Exhibit 4 Declaration of Jarin S.

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5 Exhibit 5 Declaration of Jennifer Covington

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6 Exhibit 6 Declaration of Amy Leigh Shatila

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7 Exhibit 7 Declaration of Jessica J. O'Bleness

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8 Exhibit 8 Declaration of Catherine Huntley

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9 Exhibit 9 Declaration of Dr. Janette Hahn

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10 Proposed Order Granting Preliminary Injunction

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15 April 28, 2021

MOTION to Dismiss Pursuant to Rule 12(b)(1) & (6) by Austin Independent School District. (Attachments: # 1 Exhibit A and B)(Tucker, Amy) (Entered: 04/28/2021)

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16 April 28, 2021

Opposed MOTION to Stay All Proceedings by Austin Independent School District. (Attachments: # 1 Proposed Order)(Tucker, Amy) (Entered: 04/28/2021)

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17 April 30, 2021

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 Opposed MOTION to Stay All Proceedings by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Unopposed Motion to Extend Deadline to Respond to Defendants' Motion to Stay All Proceedings)(Peterson, David) (Entered: 04/30/2021)

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18 April 30, 2021

Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Preliminary Injunction by Austin Independent School District. (Attachments: # 1 Proposed Order)(Tucker, Amy) (Entered: 04/30/2021)

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19 May 3, 2021

ORDER GRANTING 17 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (cc3) (Entered: 05/03/2021)

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20 May 3, 2021

ORDER GRANTING 18 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (cc3) (Entered: 05/03/2021)

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21 May 5, 2021

Unopposed MOTION for Leave to Exceed Page Limitation by Austin Independent School District. (Attachments: # 1 Exhibit AISD's Response to Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit Exhibit A to AISD's Response to Plaintiffs' Motion for Preliminary Injunction, # 3 Proposed Order)(Tucker, Amy) (Entered: 05/05/2021)

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22 May 5, 2021

Opposed MOTION to Strike Portions of Declarations from Plaintiffs' Motion for Preliminary Injunction by Austin Independent School District. (Attachments: # 1 Proposed Order)(Tucker, Amy) (Entered: 05/05/2021)

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25 May 5, 2021

RESPONSE from Austin Independent School District re 14 MOTION for Preliminary Injunction filed by Plaintiffs'. (Attachments: # 1 Exhibit A)(cc3) (Entered: 05/06/2021)

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23 May 6, 2021

SUPPLEMENT to 21 Unopposed MOTION for Leave to Exceed Page Limitation -- Proposed Order to Austin ISD's Response to Plaintiffs' Motion for Preliminary Injunction by Austin Independent School District. (Tucker, Amy) (Entered: 05/06/2021)

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24 May 6, 2021

ORDER GRANTING 21 Unopposed Motionfor Leave to Exceed the Court's Page Limits. Signed by Judge Lee Yeakel. (cc3) (Entered: 05/06/2021)

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26 May 12, 2021

RESPONSE to Motion, filed by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T., re 15 MOTION to Dismiss Pursuant to Rule 12(b)(1) & (6) filed by Defendant Austin Independent School District (Attachments: # 1 Affidavit Declaration of L. Kym Davis Rogers, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Order re Motion to Dismiss)(Peterson, David) (Entered: 05/12/2021)

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27 May 12, 2021

RESPONSE to Motion, filed by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T., re 16 Opposed MOTION to Stay All Proceedings filed by Defendant Austin Independent School District (Attachments: # 1 Proposed Order Denying Motion to Stay)(Peterson, David) (Entered: 05/12/2021)

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28 May 12, 2021

RESPONSE to Motion, filed by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T., re 22 Opposed MOTION to Strike Portions of Declarations from Plaintiffs' Motion for Preliminary Injunction filed by Defendant Austin Independent School District (Attachments: # 1 Proposed Order Denying Motion to Strike)(Peterson, David) (Entered: 05/12/2021)

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29 May 12, 2021

Memorandum in Support, filed by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T., re 14 MOTION for Preliminary Injunction filed by Plaintiff Jarin S., Plaintiff Sean S., Plaintiff Maria N., Plaintiff Andrea T., Plaintiff Clint T., Plaintiff Disability Rights Texas, Plaintiff Damon J., Plaintiff Joe R., Plaintiff Laurie J., Plaintiff Analisa R., 22 Opposed MOTION to Strike Portions of Declarations from Plaintiffs' Motion for Preliminary Injunction filed by Defendant Austin Independent School District (Peterson, David) (Entered: 05/12/2021)

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30 May 19, 2021

REPLY to Response to Motion, filed by Austin Independent School District, re 22 Opposed MOTION to Strike Portions of Declarations from Plaintiffs' Motion for Preliminary Injunction filed by Defendant Austin Independent School District (Tucker, Amy) (Entered: 05/19/2021)

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31 May 19, 2021

REPLY to Response to Motion, filed by Austin Independent School District, re 15 MOTION to Dismiss Pursuant to Rule 12(b)(1) & (6) filed by Defendant Austin Independent School District (Attachments: # 1 Exhibit A)(Tucker, Amy) (Entered: 05/19/2021)

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32 May 19, 2021

REPLY to Response to Motion, filed by Austin Independent School District, re 16 Opposed MOTION to Stay All Proceedings filed by Defendant Austin Independent School District (Tucker, Amy) (Entered: 05/19/2021)

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33 July 8, 2021

ADVISORY TO THE COURT by Austin Independent School District . (Attachments: # 1 Exhibit A)(Tucker, Amy) (Entered: 07/08/2021)

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34 July 12, 2021

RESPONSE to 33 Advisory to the Court by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Peterson, David) (Entered: 07/12/2021)

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35 Dec. 2, 2021

ORDER SETTING TELEPHONE CONFERENCE for 12/17/2021 at 02:30 PM before Judge Lee Yeakel. Motions terminated: DENYING 15 MOTION to Dismiss Pursuant to Rule 12(b)(1) & (6) filed by Austin Independent School District AND DISMISSING 16 Opposed MOTION to Stay All Proceedings filed by Austin Independent School District. Signed by Judge Lee Yeakel. (cc3) (Entered: 12/02/2021)

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36 Dec. 16, 2021

STATUS REPORT by Austin Independent School District. (Attachments: # 1 Exhibit A and B)(Tucker, Amy) (Entered: 12/16/2021)

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37 Dec. 16, 2021

ANSWER to 1 Complaint, by Austin Independent School District.(Tucker, Amy) (Entered: 12/16/2021)

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38 Dec. 16, 2021

MOTION to Appear Pro Hac Vice by L. Kym Davis Rogers on behalf of Shiloh Carter ( Filing fee $ 100 receipt number 0542-15544896) by on behalf of Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Rogers, L.) (Entered: 12/16/2021)

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39 Dec. 17, 2021

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 12/17/2021. Written order forthcoming. (Minute entry documents are not available electronically) (Court Reporter Arlinda Rodriguez)(cc3) (Entered: 12/17/2021)

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40 Dec. 17, 2021

ORDER GRANTING 38 Motion to Appear Pro Hac Vice as to Shiloh Carter. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (cc3) (Entered: 12/17/2021)

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41 Dec. 17, 2021

NOTICE of Withdrawal of Plaintiffs' Motion for Preliminary Injunction by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T. re 28 Response to Motion, 14 MOTION for Preliminary Injunction, 25 Response to Motion, 29 Memorandum in Support of Motion,, 30 Reply to Response to Motion, (Peterson, David) (Entered: 12/17/2021)

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42 Dec. 21, 2021

ORDER DISMISSING 22 Motion to Strike and DISMISSING WITHOUT PREJUDICE 14 Motion for Preliminary Injunction. Signed by Judge Lee Yeakel. (cc3) (Entered: 12/21/2021)

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43 Feb. 21, 2022

Joint MOTION for Protective Order Agreed Confidentiality and Protective Order by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Attachments: # 1 Proposed Order)(Carter, Shiloh) (Entered: 02/21/2022)

1 Proposed Order

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44 Feb. 23, 2022

AGREED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (cc3) (Entered: 02/23/2022)

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45 June 10, 2022

Rule 26(f) Discovery Report/Case Management Plan by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Peterson, David) (Entered: 06/10/2022)

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46 Aug. 12, 2022

Unopposed MOTION to Withdraw as Attorney by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Rynders, Dustin) (Entered: 08/12/2022)

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47 Aug. 12, 2022

DEFICIENCY NOTICE: re 46 Unopposed MOTION to Withdraw as Attorney (cc3) (Entered: 08/12/2022)

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48 Aug. 12, 2022

ATTACHMENT Proposed Order to 46 Unopposed MOTION to Withdraw as Attorney by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Rynders, Dustin) (Entered: 08/12/2022)

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49 Aug. 15, 2022

ORDER GRANTING 46 Unopposed MOTION to Withdraw as Attorney as to Dustin Rynders. Signed by Judge Lee Yeakel. (cc3) (Entered: 08/15/2022)

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50 Oct. 6, 2022

Order for Proposed Scheduling Order due by 10/28/2022. Signed by Judge Lee Yeakel. (cc3) (Entered: 10/06/2022)

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51 Oct. 24, 2022

Proposed Scheduling Order (Agreed) by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Rogers, L.) (Entered: 10/24/2022)

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52 Jan. 3, 2023

ORDER setting INITIAL Pretrial Conference set for 1/5/2023 03:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (so) (Entered: 01/03/2023)

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53 Jan. 5, 2023

Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 1/5/2023. Written order forthcoming. (Minute entry documents are not available electronically) (Court Reporter Arlinda Rodriguez)(cc3) (Entered: 01/05/2023)

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54 Jan. 5, 2023

SCHEDULING ORDER: Final Pretrial Conference set for 1/25/2024 at 11:00 AM before Judge Lee Yeakel, ADR Report Deadline due by 4/15/2023, Amended Pleadings due by 1/30/2023, Discovery due by 8/14/2023, Joinder of Parties due by 1/30/2023, Dispositive Motions due by 9/13/2023. Signed by Judge Lee Yeakel. (cc3) (Entered: 01/05/2023)

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55 April 14, 2023

ADR Report Filed - JOINT -- Pursuant to Local Rule CV-88(b) by Austin Independent School District(Tucker, Amy) (Entered: 04/14/2023)

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56 April 20, 2023

ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (cc3) (Entered: 04/20/2023)

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57 July 20, 2023

STATUS REPORT Filed Jointly by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Rogers, L.) (Entered: 07/20/2023)

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58 Aug. 18, 2023

STATUS REPORT - Joint Report by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Rogers, L.) (Entered: 08/18/2023)

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59 Sept. 15, 2023

STATUS REPORT - Third Joint Report by Disability Rights Texas, Damon J., Laurie J., Maria N., Analisa R., Joe R., Jarin S., Sean S., Andrea T., Clint T.. (Rogers, L.) (Entered: 09/15/2023)

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60 Nov. 7, 2023

Order for Scheduling Recommendations/Proposed Sched Order

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61 Nov. 21, 2023

Status Report

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62 Dec. 1, 2023

Scheduling Recommendations/Proposed Scheduling Order

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63 Dec. 4, 2023

Scheduling Order

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64 Jan. 9, 2024

Referral to ADR/Mediation

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Jan. 10, 2024

Order on Motion for Referral to ADR/Mediation

Jan. 10, 2024

Case Referred to ADR/Mediation

65 Jan. 23, 2024

Order on Motion for Referral to ADR/Mediation

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66 Feb. 6, 2024

Order of Limited Referral

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67 Feb. 9, 2024

Appear Pro Hac Vice

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68 Feb. 12, 2024

Order on Motion to Appear Pro Hac Vice

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69 Feb. 13, 2024

Order AND ~Util - Set Hearings

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70 March 11, 2024

Status Report Order

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71 March 11, 2024

Mediation Conference

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72 April 16, 2024

Order AND ~Util - Set Hearings

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73 April 26, 2024

Status Conference

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74 May 9, 2024

Order AND ~Util - Set Hearings

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75 May 28, 2024

Order

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76 July 9, 2024

Notice of Settlement

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77 July 10, 2024

Order

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78 Aug. 19, 2024

Stipulation of Dismissal

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79 Aug. 20, 2024

Order AND ~Util - Terminate Parties

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80 Sept. 3, 2024

Settlement

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81 Sept. 4, 2024

Order Dismissing Case

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Case Details

State / Territory:

Texas

Case Type(s):

Disability Rights

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: March 29, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several students with disabilities and Disability Rights Texas

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

School District

Austin Independent 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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Western District of Texas 1:21-cv-00279

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Disability and Disability Rights:

Disability, unspecified

P&A Associational Standing

Recommended Citation