Case: Simpson-Vlach v. Michigan Department of Education

5:21-cv-11532 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 30, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a putative class action suit brought by and on behalf of children with disabilities who allege that they did not get their educational needs met by their schools due to online learning during the COVID-19 pandemic. On June 30, 2021, plaintiffs, children with disabilities and their parents, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the Michigan Department of Education, Ann Arbor Public Schools, and Washtenaw Intermediate Schoo…

This is a putative class action suit brought by and on behalf of children with disabilities who allege that they did not get their educational needs met by their schools due to online learning during the COVID-19 pandemic. On June 30, 2021, plaintiffs, children with disabilities and their parents, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the Michigan Department of Education, Ann Arbor Public Schools, and Washtenaw Intermediate School District under the Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act (“ADA”), the Equal Protection Clause of the Fourteenth Amendment, the Racketeer Influenced and Corrupt Organizations (“RICO”) Act of 1970, and state law and regulations. 

Represented by Brain Injury Rights Group, the plaintiffs sought: declaratory relief; a court order requiring local education agencies to follow procedural safeguards guaranteed by federal and state law and assigning special monitors for oversight and auditing; and attorneys’ fees and costs. The case was assigned to Judge Judith E. Levy.

On July 29, 2021, defendants Michigan Department of Education and Michael F. Rice filed a motion to dismiss. Defendants Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift filed a motion to dismiss on August 19, 2021. Also on August 19, 2021, defendants Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District filed a motion to dismiss. On September 2, 2021, plaintiffs filed a motion for a preliminary injunction, which, on September 3, 2021, was held in abeyance pending resolution of the motions to dismiss. 

On January 5, 2022, plaintiffs filed a motion for a  temporary restraining order. After a hearing, on February 3, 2022, the court denied the motion for a temporary restraining order, holding that the relief sought in the motion was identical to the relief sought in the complaint. In another order on February 3, the court, citing representations of plaintiffs’ counsel at oral argument that certain claims could no longer be maintained and that others had been resolved, ordered the plaintiffs to clarify which counts of the complaint they wished to dismiss and which remained. On February 17, 2022, the plaintiffs clarified that they intended to pursue their IDEA, ADA, and RICO claims, and to maintain certain state law claims against the non-state defendants.  The Court ordered supplemental briefing on the remaining claims on February 22, 2022.  

As of July 7, 2022, this case remains ongoing. 

 

Summary Authors

Michelle Landry (6/28/2022)

Documents in the Clearinghouse

Document
1

5:21-cv-11532

Proposed Class Action Complaint and Request for Automatic and Preliminary Injunction

June 30, 2021

June 30, 2021

Complaint
63

5:21-cv-11532

Order Denying Plaintiffs’ Motion for a Temporary Restraining Order [52]

Feb. 3, 2022

Feb. 3, 2022

Order/Opinion
64

5:21-cv-11532

Order Requiring Plaintiffs to Inform the Court about the Remaining Counts in this Case

Feb. 3, 2022

Feb. 3, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60026812/simpson-vlach-v-michigan-department-of-education/

Last updated July 29, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

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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June 30, 2021

June 30, 2021

Clearinghouse
2

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

June 30, 2021

June 30, 2021

PACER

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)

June 30, 2021

June 30, 2021

PACER

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

June 30, 2021

June 30, 2021

PACER
3

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

July 1, 2021

July 1, 2021

PACER
4

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)

July 12, 2021

July 12, 2021

PACER
5

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

July 12, 2021

July 12, 2021

PACER
6

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)

July 12, 2021

July 12, 2021

PACER
7

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)

July 12, 2021

July 12, 2021

PACER
8

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)

July 12, 2021

July 12, 2021

PACER
9

File Excess Pages

July 12, 2021

July 12, 2021

PACER
10

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

July 14, 2021

July 14, 2021

PACER
11

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)

July 19, 2021

July 19, 2021

PACER
12

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)

July 19, 2021

July 19, 2021

PACER
13

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)

July 19, 2021

July 19, 2021

PACER
14

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)

July 26, 2021

July 26, 2021

PACER
15

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)

July 26, 2021

July 26, 2021

PACER
16

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

July 26, 2021

July 26, 2021

PACER
17

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

July 26, 2021

July 26, 2021

PACER
18

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

July 26, 2021

July 26, 2021

PACER
19

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

July 27, 2021

July 27, 2021

PACER
20

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

July 29, 2021

July 29, 2021

Clearinghouse
21

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

July 30, 2021

July 30, 2021

PACER
22

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)

July 30, 2021

July 30, 2021

PACER
23

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)

July 30, 2021

July 30, 2021

RECAP
24

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)

July 30, 2021

July 30, 2021

PACER
25

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)

Aug. 2, 2021

Aug. 2, 2021

PACER
26

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)

Aug. 2, 2021

Aug. 2, 2021

PACER

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

Aug. 3, 2021

Aug. 3, 2021

PACER

Text-Only Order

Aug. 3, 2021

Aug. 3, 2021

PACER
27

(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)

Aug. 4, 2021

Aug. 4, 2021

PACER
28

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

Aug. 4, 2021

Aug. 4, 2021

PACER

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)

Aug. 9, 2021

Aug. 9, 2021

PACER
29

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

Aug. 11, 2021

Aug. 11, 2021

PACER
30

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

Aug. 12, 2021

Aug. 12, 2021

PACER
31

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

Aug. 13, 2021

Aug. 13, 2021

PACER
32

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)

Aug. 17, 2021

Aug. 17, 2021

PACER
34

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

Aug. 19, 2021

Aug. 19, 2021

Clearinghouse
35

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)

Aug. 19, 2021

Aug. 19, 2021

PACER
36

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)

Aug. 19, 2021

Aug. 19, 2021

PACER
37

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)

Aug. 19, 2021

Aug. 19, 2021

Clearinghouse
38

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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Aug. 19, 2021

Aug. 19, 2021

Clearinghouse
39

(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)

Aug. 19, 2021

Aug. 19, 2021

PACER
33

Dismiss

Aug. 19, 2021

Aug. 19, 2021

PACER
40

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

Aug. 25, 2021

Aug. 25, 2021

RECAP
41

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

Aug. 27, 2021

Aug. 27, 2021

PACER
42

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

Sept. 2, 2021

Sept. 2, 2021

Clearinghouse
43

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

Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
44

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

Sept. 8, 2021

Sept. 8, 2021

PACER
45

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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Sept. 9, 2021

Sept. 9, 2021

RECAP
46

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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Sept. 9, 2021

Sept. 9, 2021

RECAP
47

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)

Sept. 15, 2021

Sept. 15, 2021

PACER
48

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)

Sept. 21, 2021

Sept. 21, 2021

PACER
49

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)

Sept. 23, 2021

Sept. 23, 2021

PACER
50

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)

Sept. 23, 2021

Sept. 23, 2021

PACER

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)

Oct. 13, 2021

Oct. 13, 2021

PACER
51

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)

Oct. 13, 2021

Oct. 13, 2021

Clearinghouse
52

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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Jan. 5, 2022

Jan. 5, 2022

Clearinghouse
53

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)

Jan. 6, 2022

Jan. 6, 2022

Clearinghouse
54

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)

Jan. 11, 2022

Jan. 11, 2022

Clearinghouse
55

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)

Jan. 14, 2022

Jan. 14, 2022

PACER
56

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)

Jan. 14, 2022

Jan. 14, 2022

PACER
57

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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Jan. 14, 2022

Jan. 14, 2022

RECAP
58

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

Jan. 20, 2022

Jan. 20, 2022

PACER
59

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

Jan. 20, 2022

Jan. 20, 2022

PACER
60

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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Jan. 20, 2022

Jan. 20, 2022

RECAP
61

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)

Jan. 25, 2022

Jan. 25, 2022

PACER

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)

Jan. 27, 2022

Jan. 27, 2022

PACER

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)

Jan. 28, 2022

Jan. 28, 2022

PACER
62

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)

Feb. 2, 2022

Feb. 2, 2022

PACER
63

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

Feb. 3, 2022

Feb. 3, 2022

Clearinghouse
64

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)

Feb. 3, 2022

Feb. 3, 2022

Clearinghouse
65

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

Feb. 11, 2022

Feb. 11, 2022

Clearinghouse
66

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)

Feb. 11, 2022

Feb. 11, 2022

Clearinghouse
67

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)

Feb. 11, 2022

Feb. 11, 2022

PACER
68

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)

Feb. 17, 2022

Feb. 17, 2022

PACER
69

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)

Feb. 22, 2022

Feb. 22, 2022

RECAP
70

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)

Feb. 23, 2022

Feb. 23, 2022

PACER

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)

March 2, 2022

March 2, 2022

PACER

Text-Only Order

March 2, 2022

March 2, 2022

PACER
71

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)

March 11, 2022

March 11, 2022

PACER

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

March 11, 2022

March 11, 2022

PACER

Text-Only Order

March 11, 2022

March 11, 2022

PACER

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)

March 14, 2022

March 14, 2022

PACER
72

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)

March 14, 2022

March 14, 2022

RECAP

Text-Only Order

March 14, 2022

March 14, 2022

PACER
73

OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE, Signed by District Judge Judith E. Levy. (WBar)

July 22, 2022

July 22, 2022

RECAP
74

Judgment*

July 22, 2022

July 22, 2022

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Education

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: June 30, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children with disabilities and their parents

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Michigan Department of Education, State

Washtenaw Intermediate School District, School District

Ann Arbor Public Schools, School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Ex Parte Young (Federal) or Bivens

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

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Impact

Disparate Treatment

Education

Effective Communication (ADA)

Government Services

Reasonable Accommodations

Reasonable Modifications

Special education

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run