Case: Simpson-Vlach v. Michigan Department of Education

U.S. Court of Appeals for the Sixth Circuit

COMPLAINT 2:21-cv-11532 filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8521135 - Fee: $ 402. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit Exhibit A, A.S. IEP, # 2 Exhibit Exhibit B, M.S. IEP, # 3 Exhibit Exhibit C, C.P. IEP, # 4 Exhibit Exhibit D, H.P. IEP, # 5 Exhibit Exhibit E, 3/12/20 Supplemental Fact Sheet by the United States Department of Education, # 6 Exhibit Exhibit F, March 2020 Questions and Answers for Providing Services to Children with Disabilities during the Coronavirus Disease 2019 Outbreak, # 7 Exhibit Exhibit G, April 10, 2020 Guidance from the MDE, # 8 Exhibit Exhibit H, August 8, 2019 IDEA Award, # 9 Exhibit Exhibit I, July 1, 2020 Letter from U.S. DOE) (Carne, Charlotte) (Entered: 06/30/2021)

1 Exhibit Exhibit A, A.S. IEP

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2 Exhibit Exhibit B, M.S. IEP

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3 Exhibit Exhibit C, C.P. IEP

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4 Exhibit Exhibit D, H.P. IEP

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5 Exhibit Exhibit E, 3/12/20 Supplemental Fact Sheet by the United States Departme

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6 Exhibit Exhibit F, March 2020 Questions and Answers for Providing Services to Ch

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7 Exhibit Exhibit G, April 10, 2020 Guidance from the MDE

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8 Exhibit Exhibit H, August 8, 2019 IDEA Award

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9 Exhibit Exhibit I, July 1, 2020 Letter from U.S. DOE

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SUMMONS Issued for * All Defendants * (TTho) Modified on 7/1/2021 (LGra).[INCORRECT ADDRESS FOR ATTORNEY SUMMONS RE-ISSUED] (Entered: 06/30/2021)

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (TTho)

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

SUMMONS Issued for * All Defendants * (LGra) (Entered: 07/01/2021)

CERTIFICATE of Service/Summons Returned Executed. Scott A. Menzel served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte) (Entered: 07/12/2021)

CERTIFICATE of Service/Summons Returned Executed. Naomi Norman served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte) (Entered: 07/12/2021)

CERTIFICATE of Service/Summons Returned Executed. Michael F. Rice served on 7/8/2021, answer due 7/29/2021. (Carne, Charlotte) (Entered: 07/12/2021)

CERTIFICATE of Service/Summons Returned Executed. Michigan Department of Education served on 7/8/2021, answer due 7/29/2021. (Carne, Charlotte) (Entered: 07/12/2021)

CERTIFICATE of Service/Summons Returned Executed. Washtenaw Intermediate School District served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte) (Entered: 07/12/2021)

File Excess Pages

ORDER striking 9 Motion for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/14/2021)

NOTICE of Appearance by Timothy J. Mullins on behalf of Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Mullins, Timothy) (Entered: 07/19/2021)

NOTICE of Appearance by John L. Miller on behalf of Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Miller, John) (Entered: 07/19/2021)

NOTICE of Appearance by Travis M. Comstock on behalf of Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Comstock, Travis) (Entered: 07/19/2021)

CERTIFICATE of Service/Summons Returned Executed. Ann Arbor Public Schools served on 7/15/2021, answer due 8/5/2021. (Carne, Charlotte) (Entered: 07/26/2021)

CERTIFICATE of Service/Summons Returned Executed. Jeanice Kerr Swift served on 7/15/2021, answer due 8/5/2021. (Carne, Charlotte) (Entered: 07/26/2021)

CERTIFICATE of Service/Summons Returned Executed.. (Carne, Charlotte) (Entered: 07/26/2021)

NOTICE of Appearance by Richard J. Landau on behalf of Ann Arbor Public Schools. (Landau, Richard) (Entered: 07/26/2021)

NOTICE of Appearance by Richard J. Landau on behalf of Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard) (Entered: 07/26/2021)

NOTICE of Appearance by Neil Anthony Giovanatti on behalf of Michigan Department of Education, Michael F. Rice. (Giovanatti, Neil) (Entered: 07/27/2021)

MOTION to Dismiss by Michigan Department of Education, Michael F. Rice. (Giovanatti, Neil) (Entered: 07/29/2021)

MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: # 1 Exhibit) (Carne, Charlotte) (Entered: 07/30/2021)

STIPULATED ORDER Extending Time for Defendants Ann Arbor Public Schools, Dr. Jeanice Swift and Dr. Marianne Fidishin to Answer 1 Complaint; Responsive Pleading due by 8/19/2021, Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/30/2021)

NOTICE OF HEARING on 20 MOTION to Dismiss . Motion Hearing set for 11/4/2021 03:00 PM before District Judge Judith E. Levy (WBar) (Entered: 07/30/2021)

STIPULATED ORDER Extending Time for Defendants WASHTENAW ISD, SCOTT MENZEL, NAOMI NORMAN to Answer 1 Complaint; Responsive Pleading due by 8/19/2021, Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/30/2021)

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 8/9/2021 11:30 AM before District Judge Judith E. Levy (WBar) (Entered: 08/02/2021)

NOTICE of Appearance by Rory Jude Bellantoni on behalf of Kathy Bishop, Christopher Place, Alan Simpson-Vlach, Rita C. Simpson-Vlach. (Bellantoni, Rory) (Entered: 08/02/2021)

TEXT-ONLY ORDER Granting 21 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar)

Text-Only Order

(STRICKEN - SEE ECF NO. 40) MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Carne, Charlotte) Modified on 8/25/2021 (WBar). (Entered: 08/04/2021)

CERTIFICATE OF SERVICE re 27 MOTION for Preliminary Injunction by All Plaintiffs (Carne, Charlotte) (Entered: 08/04/2021)

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 8/9/2021 (Court Reporter: None Present, Not on the Record) (WBar)

NOTICE of Appearance by Nadia Dionne Vann on behalf of Michigan Department of Education, Michael F. Rice. (Vann, Nadia) (Entered: 08/11/2021)

STIPULATED ORDER Allowing Excess Pages, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/12/2021)

STIPULATED ORDER Extending Page Limit for Defendant Ann Arbor Public Schools, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/13/2021)

STIPULATION AND ORDER Regarding Briefing Schedule for State Defendants' Motion to Dismiss 20, AAPS and WISD Defendants' Motions to Dismiss, and Plaintiffs' Motion for Automatic and Preliminary Injunction 27 . Briefing for Motion to Dismiss 20 : Response due by 8/19/2021 and Reply due by 9/2/2021. [Refer to image for additional deadlines] Signed by District Judge Judith E. Levy. (EPar) (Entered: 08/17/2021)

MOTION to Dismiss Complaint by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard) (Entered: 08/19/2021)

DECLARATION by Dr. Jeanice Kerr Swift re 34 MOTION to Dismiss Complaint filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: # 1 Index of Exhibits, # 2 Exhibit Curriculum Vitae of Dr. Swift, # 3 Exhibit AAPS Continuity of Learning Response Plan, # 4 Exhibit Reimagine Learning Plan Overview, # 5 Exhibit FY 2020-21 IDEA Grant Budget) (Landau, Richard) (Entered: 08/19/2021)

DECLARATION by Dr. Marianne Fidishin re 34 MOTION to Dismiss Complaint filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: # 1 Index of Exhibits, # 2 Exhibit Curriculum VItae of Dr. Fidishin, # 3 Exhibit AAPS SISS Frequently Asked Questions May 2020, # 4 Exhibit Reimagine Learning Plan Special Education Supplement, # 5 Exhibit SISS Information--Staff Return to In-Person, # 6 Exhibit Student HP February 2021 Non-Public Service Plan, # 7 Exhibit MDE-OSE Guidance IDEA-MARSE May 2020, # 8 Exhibit Ten Day Notice Letter for Student HP, # 9 Exhibit District Response to Ten Day Notice Letter, # 10 Exhibit MDE Guidance August 2020, # 11 Exhibit Due Process Complaint, # 12 Exhibit Due Process Hearing Scheduling Order, # 13 Exhibit District Response to Due Process Complaint, # 14 Exhibit Procedural Safeguards Notice) (Landau, Richard) (Entered: 08/19/2021)

STIPULATION AND ORDER Striking 33 MOTION to Dismiss filed by Scott A. Menzel, Washtenaw Intermediate School District, Naomi Norman. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/19/2021)

MOTION to Dismiss by Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1.Plaintiff 6/29/21 letter to Ann Arbor School District, # 3 Exhibit 2.Due Process Complaint) (Mullins, Timothy) (Entered: 08/19/2021)

1 Index of Exhibits

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2 Exhibit 1.Plaintiff 6/29/21 letter to Ann Arbor School District

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3 Exhibit 2.Due Process Complaint

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(STRICKEN - SEE ECF NO. 40) RESPONSE to 20 MOTION to Dismiss filed by All Plaintiffs. (Carne, Charlotte) Modified on 8/25/2021 (WBar). (Entered: 08/19/2021)

Dismiss

ORDER Striking 39 Response to Motion, and 27 MOTION for Preliminary Injunction. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/25/2021)

RESPONSE to 20 MOTION to Dismiss filed by All Plaintiffs. (Carne, Charlotte) (Entered: 08/27/2021)

MOTION for Preliminary Injunction by All Plaintiffs. (Carne, Charlotte) (Entered: 09/02/2021)

STIPULATED ORDER Holding in Abeyance 42 MOTION for Preliminary Injunction, Signed by District Judge Judith E. Levy. (WBar) (Entered: 09/03/2021)

RESPONSE to 38 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit) (Carne, Charlotte) (Entered: 09/08/2021)

REPLY to Response re 20 MOTION to Dismiss filed by Michigan Department of Education, Michael F. Rice. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Unreported case: D.R. v. Mich. Dept of Ed., No. 16-13694, 2017 U.S. Dist. LEXIS 222030 (E.D. Mich., Sept. 29, 2017)) (Giovanatti, Neil) (Entered: 09/09/2021)

1 Index of Exhibits

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2 Exhibit A - Unreported case: D.R. v. Mich. Dept of Ed., No. 16-13694, 2017 U.S.

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RESPONSE to 34 MOTION to Dismiss Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit) (Carne, Charlotte) (Entered: 09/09/2021)

1 Exhibit

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NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 10/13/2021 01:00 PM before District Judge Judith E. Levy (WBar) (Entered: 09/15/2021)

REPLY to Response re 38 MOTION to Dismiss filed by Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Mullins, Timothy) (Entered: 09/21/2021)

REPLY to Response re 34 MOTION to Dismiss Complaint filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard) (Entered: 09/23/2021)

DECLARATION by Dr. Marianne Fidishin re 49 Reply to Response to Motion filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex. N Student AS October 2020 IEP, # 3 Exhibit Ex. O Student MS February 2021 IEP, # 4 Exhibit Ex. P Student MS June 2021 IEP, # 5 Exhibit Ex. Q Student CP May 2020 IEP, # 6 Exhibit Ex. R Student CP June 2021 IEP, # 7 Exhibit Ex. S Orders Following Prehearing Conference, # 8 Exhibit Ex. T Student HP Amended Due Process Complaint) (Landau, Richard) (Entered: 09/23/2021)

Minute Entry for virtual proceedings before District Judge Judith E. Levy: Status Conference held on 10/13/2021, (Court Reporter: None Present, Not on the Record) (WBar)

AMENDED NOTICE OF IN PERSON HEARING on 34 MOTION to Dismiss Complaint, 38 MOTION to Dismiss, 20 MOTION to Dismiss . Motion Hearing set for 1/27/2022 01:30 PM before District Judge Judith E. Levy (WBar) (Entered: 10/13/2021)

MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit) (Carne, Charlotte) (Entered: 01/05/2022)

1 Exhibit

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2 Exhibit

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ORDER Setting Briefing Schedule re 52 MOTION for Temporary Restraining Order, and Requiring Update on Administrative Proceedings; Response to 52 MOTION for Temporary Restraining due by 1/14/2022, Reply due by 1/20/2022, Motion Hearing set for 1/27/2022 01:30 PM before District Judge Judith E. Levy, Signed by District Judge Judith E. Levy. (WBar) (Entered: 01/06/2022)

MEMORANDUM Joint Update on Administrative Proceedings by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B) (Landau, Richard) (Entered: 01/11/2022)

RESPONSE to 52 MOTION for Temporary Restraining Order filed by Michigan Department of Education, Michael F. Rice. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Child with Disabilities, U.S. Dept of Educ., Office of Special Education and Rehabilitative Services (Mar. 21, 2020), # 3 Exhibit B - Implementation of IDEA Part B Provision of Services in the Current COVID-19 Environment, U.S. Dept of Educ., Office of Special Education and Rehabilitative Services (Sept. 28, 2020), # 4 Exhibit C - Return to School Roadmap: Development and Implementation of Individualized Education Programs in the Least Restrictive Environment under the Individuals with Disabilities education Act, U.S. Dept of Educ., Office of Special Education and Rehabilitative Services (Sept. 30, 2021)) (Giovanatti, Neil) (Entered: 01/14/2022)

RESPONSE to 52 MOTION for Temporary Restraining Order filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Landau, Richard) (Entered: 01/14/2022)

RESPONSE to 52 MOTION for Temporary Restraining Order filed by Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Attachments: # 1 Index of Exhibits, # 2 Exhibit AIn re New York City Department of Education and In re: Student with a Disability, # 3 Exhibit BE.M.C. v. Ventura Unified Sch. Dist, # 4 Exhibit CC.M. v. Jara, # 5 Exhibit DClosings and Delay, # 6 Exhibit ELiebau v. Romeo Community Schools) (Comstock, Travis) (Entered: 01/14/2022)

1 Index of Exhibits

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2 Exhibit AIn re New York City Department of Education and In re: Student with a D

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3 Exhibit BE.M.C. v. Ventura Unified Sch. Dist

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4 Exhibit CC.M. v. Jara

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5 Exhibit DClosings and Delay

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6 Exhibit ELiebau v. Romeo Community Schools

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REPLY to Response re 52 MOTION for Temporary Restraining Order State Defendants' Response filed by All Plaintiffs. (Carne, Charlotte) (Entered: 01/20/2022)

REPLY to Response re 52 MOTION for Temporary Restraining Order AAPS Defendants' Response filed by All Plaintiffs. (Carne, Charlotte) (Entered: 01/20/2022)

REPLY to Response re 52 MOTION for Temporary Restraining Order WISD Defendants' Response filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1) (Carne, Charlotte) (Entered: 01/20/2022)

1 Exhibit Exhibit 1

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AMENDED NOTICE OF VIDEO CONFERENCE HEARING on 52 MOTION for Temporary Restraining Order, 34 MOTION to Dismiss Complaint, 38 MOTION to Dismiss, 20 MOTION to Dismiss. Motion Hearing set for 1/27/2022 01:30 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://www.zoomgov.com/j/1617027794?pwd=Mi9Sa0Vsb2llcDFLR0l2aXdhU3VwQT09 Passcode: 624966 Or One tap mobile : US: +16692545252,,1617027794# or +16468287666,,1617027794#| (WBar) (Entered: 01/25/2022)

Minute Entry for virtual proceedings before District Judge Judith E. Levy: Motion Hearing held on 1/27/2022 re 20 MOTION to Dismiss, 38 MOTION to Dismiss, 52 MOTION for Temporary Restraining Order, 34 MOTION to Dismiss Complaint; Disposition: Motions taken under advisement (Court Reporter: Jeseca Eddington) (WBar)

Minute Entry for virtual proceedings before District Judge Judith E. Levy: Motion Hearing held on 1/27/2022 re 20 MOTION to Dismiss, 38 MOTION to Dismiss, 52 MOTION for Temporary Restraining Order, 34 MOTION to Dismiss Complaint; Disposition: Motions taken under advisement (Court Reporter: Jeseca Eddington) (WBar)

TRANSCRIPT of Motion Hearing held on 01/27/2022. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 100) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 2/23/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/3/2022. 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, the transcript is publicly available. (Eddington, J) (Entered: 02/02/2022)

ORDER denying 52 Motion for TRO. Signed by District Judge Judith E. Levy. (WBar) (Entered: 02/03/2022)

ORDER Requiring Plaintiffs to Inform the Court about the Remaining Counts in this Case; Response due by 2/17/2022, Signed by District Judge Judith E. Levy. (WBar) (Entered: 02/03/2022)

MOTION for Withdrawal of Attorney Charlotte G. Carne by Kathy Bishop. (Carne, Charlotte) (Entered: 02/11/2022)

ORDER as to 65 MOTION for Withdrawal of Attorney Charlotte G. Carne: Defendants' Response due by 2/25/2022. Signed by District Judge Judith E. Levy. (MLan) (Entered: 02/11/2022)

RESPONSE to 65 MOTION for Withdrawal of Attorney Charlotte G. Carne filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard) (Entered: 02/11/2022)

STATEMENT of Resolved and Unresolved Issues Filed Pursuant to Court's Order at ECF # 64 by Kathy Bishop, Christopher Place, Alan Simpson-Vlach, Rita C. Simpson-Vlach (Bellantoni, Rory) (Entered: 02/17/2022)

ORDER Requiring Plaintiffs to Provide Supplemental Briefing; Supplemental Brief due by 3/1/2022, Signed by District Judge Judith E. Levy. (WBar) (Entered: 02/22/2022)

RESPONSE to 65 MOTION for Withdrawal of Attorney Charlotte G. Carne filed by Michigan Department of Education, Michael F. Rice. (Giovanatti, Neil) (Entered: 02/23/2022)

TEXT-ONLY ORDER Granting 65 MOTION for Withdrawal of Attorney Charlotte G. Carne filed by Kathy Bishop. Signed by District Judge Judith E. Levy. (WBar)

Text-Only Order

MOTION re 69 Order, Set Deadlines/Hearings Letter Motion for Counsel to be relieved from Court's Order requiring Plaintiff to have local counsel file an appearance before filing Plaintiffs' Supplemental Brief as Ordered by the Court by Kathy Bishop, Christopher Place, Alan Simpson-Vlach, Rita C. Simpson-Vlach. (Attachments: # 1 Exhibit 1 Plaintiffs' Supplemental Brief) (Bellantoni, Rory) (Entered: 03/11/2022)

TEXT-ONLY ORDER Granting 71 MOTION. Signed by District Judge Judith E. Levy. (WBar)

Text-Only Order

TEXT-ONLY ORDER: Plaintiff shall file as a separate entry on the docket the Supplemental Brief attached as Exhibit 1 to 71 MOTION. Signed by District Judge Judith E. Levy. (WBar)

SUPPLEMENTAL BRIEF re 69 Order, Set Deadlines/Hearings filed by Kathy Bishop, Christopher Place, Alan Simpson-Vlach, Rita C. Simpson-Vlach. (Bellantoni, Rory) (Entered: 03/14/2022)

Text-Only Order

OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE, Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/22/2022)

JUDGMENT, Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/22/2022)

NOTICE OF APPEAL by Kathy Bishop, Christopher Place, Alan Simpson-Vlach, Rita C. Simpson-Vlach re 74 Judgment, 73 Order Dismissing Case. Receipt No: AMIEDC-9021628 - Fee: $ 505 - Fee Status: Fee Paid. (Bellantoni, Rory) (Entered: 08/17/2022)

Certificate of Service re 75 Notice of Appeal. (TTho) (Entered: 08/18/2022)

ORDER of Attorney Nadia Vann Withdrawal with stipulation. Signed by District Judge Judith E. Levy. (WBar) (Entered: 11/21/2022)

Appeal Order/Opinion/Judgment

Appeal Mandate

Appeal/Supreme Court Letter

Appeal/Supreme Court Letter