A.C. v. Raimondo

A.C. v. McKee

U. S. Court of Appeals for the First Circuit

Rhode Island Department of Education

The Center for Educational Equity at Teachers College, Columbia University

COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1292239 ), filed by M.S., K.N., M.R., A.C.C., A.C., J.W., L.M., A.F., M.S., A.W., N.X., J.R.H., R.F., M.M.S., I.M.. (Attachments: # 1 Civil Cover Sheet)(Mickman, Jordan) Modified on 11/29/2018 (Potter, Carrie). (Entered: 11/28/2018)

1 Civil Cover Sheet

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CASE OPENING NOTICE ISSUED (Potter, Carrie) (Entered: 11/29/2018)

MOTION for Michael A. Rebell to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1292490 ) filed by All Plaintiffs. (Mickman, Jordan) (Entered: 11/29/2018)

CORRECTIVE DOCKET ENTRY Regarding: 1 Complaint. CLERK’S NOTE: Remote electronic access to the document has been restricted by the Clerk’s Office as it contains one or more personal identifiers. (Potter, Carrie)

CORRECTIVE DOCKET ENTRY Regarding: Civil Cover Sheet. CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. (Potter, Carrie)

TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Michael A. Rebell. So Ordered by Chief Judge William E. Smith on 11/29/2018. (Potter, Carrie)

Case assigned to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Potter, Carrie)

Summons Request filed by A.C., A.C.C., A.F., A.W., I.M., J.R.H., J.W., K.N.M.R., L.M., M.M.S., M.S., M.S., N.X., R.F.. (Mickman, Jordan) (Entered: 12/04/2018)

Summons Request filed by A.C., A.C.C., A.F., A.W., J.R.H., J.W., K.N.M.R., L.M., M.M.S., M.S., M.S., N.X., R.F.. (Mickman, Jordan) (Entered: 12/04/2018)

Summons Request filed by A.C., A.C.C., A.F., A.W., I.M., J.R.H., J.W., K.N.M.R., L.M., M.M.S., M.S., M.S., N.X., R.F.. (Mickman, Jordan) (Entered: 12/04/2018)

Summons Request filed by A.C., A.C.C., A.F., A.W., I.M., J.R.H., J.W., K.N.M.R., L.M., M.M.S., M.S., M.S., N.X., R.F.. (Mickman, Jordan) (Entered: 12/04/2018)

Summons Request filed by A.C., A.C.C., A.F., A.W., I.M., J.R.H., J.W., K.N.M.R., L.M., M.M.S., M.S., M.S., N.X., R.F.. (Mickman, Jordan) (Entered: 12/04/2018)

Summons Request filed by A.C., A.C.C., A.F., A.W., I.M., J.R.H., J.W., K.N.M.R., L.M., M.M.S., M.S., M.S., N.X., R.F.. (Mickman, Jordan) (Entered: 12/04/2018)

Summons Issued as to Council on Elementary and Secondary Education, Nicholas A Mattiello, Gina M Raimondo, Rhode Island State Board of Education, Dominick J Ruggerio, Ken Wagner. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Potter, Carrie) (Entered: 12/04/2018)

WAIVER OF SERVICE Returned Executed by Rhode Island State Board of Education. Rhode Island State Board of Education waiver sent on 1/8/2019, answer due 3/11/2019. (Cottone, Anthony) (Entered: 01/08/2019)

WAIVER OF SERVICE Returned Executed by Council on Elementary and Secondary Education. Council on Elementary and Secondary Education waiver sent on 1/8/2019, answer due 3/11/2019. (Cottone, Anthony) (Entered: 01/08/2019)

WAIVER OF SERVICE Returned Executed by Ken Wagner. Ken Wagner waiver sent on 1/8/2019, answer due 3/11/2019. (Cottone, Anthony) (Entered: 01/08/2019)

WAIVER OF SERVICE Returned Executed by M.S., K.N.M.R., A.C.C., A.C., J.W., L.M., A.F., M.S., A.W., N.X., J.R.H., R.F., M.M.S., I.M.. Gina M Raimondo waiver sent on 1/7/2019, answer due 3/8/2019. (Mickman, Jordan) (Entered: 01/15/2019)

WAIVER OF SERVICE Returned Executed by M.S., K.N.M.R., A.C.C., A.C., J.W., L.M., A.F., M.S., A.W., N.X., J.R.H., R.F., M.M.S., I.M.. Nicholas A Mattiello waiver sent on 1/7/2019, answer due 3/8/2019. (Mickman, Jordan) (Entered: 01/15/2019)

WAIVER OF SERVICE Returned Executed by M.S., K.N.M.R., A.C.C., A.C., J.W., L.M., A.F., M.S., A.W., N.X., J.R.H., R.F., M.M.S., I.M.. Dominick J Ruggerio waiver sent on 1/7/2019, answer due 3/8/2019. (Mickman, Jordan) (Entered: 01/15/2019)

NOTICE of Appearance by Anthony F. Cottone on behalf of Council on Elementary and Secondary Education, Rhode Island State Board of Education, Ken Wagner (Cottone, Anthony) (Entered: 02/01/2019)

Second STIPULATION Extending Time to Answer filed by Council on Elementary and Secondary Education, Rhode Island State Board of Education, Ken Wagner. (Cottone, Anthony) (Entered: 03/01/2019)

STIPULATION filed by Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio. (Field, Michael) (Entered: 03/06/2019)

NOTICE of Appearance by Michael W. Field on behalf of Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio (Field, Michael) (Entered: 03/07/2019)

NOTICE of Appearance by Mariana E. Ormonde on behalf of Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio (Ormonde, Mariana) (Entered: 03/08/2019)

NOTICE of Appearance by Keith David Hoffmann on behalf of Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio (Hoffmann, Keith) (Entered: 03/14/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by Council on Elementary and Secondary Education, Rhode Island State Board of Education, Ken Wagner. Responses due by 4/3/2019. (Attachments: # 1 Supporting Memorandum)(Cottone, Anthony) Modified on 9/23/2019: re-activated, terminated in error (Jackson, Ryan). (Entered: 03/20/2019)

NOTICE of Appearance by Andrea M. Shea on behalf of Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio (Shea, Andrea) (Entered: 03/20/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Join Indispensable Party filed by Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio. Responses due by 4/3/2019. (Attachments: # 1 Supporting Memorandum)(Field, Michael) Modified on 9/23/2019: re-activated, terminated in error (Jackson, Ryan). (Entered: 03/20/2019)

1 Supporting Memorandum

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Assented STIPULATION filed by All Plaintiffs. (Wood, Jennifer) (Entered: 03/27/2019)

TEXT ORDER Entering 26 Stipulation Extending Time for Response to Motions to Dismiss up to and including 5/20/19 filed by J.W., M.S., A.F., M.M.S., A.W., J.R.H., A.C.C., N.X., A.C., R.F., I.M., K.N.M.R., L.M.. So Ordered by Chief Judge William E. Smith on 4/12/2019. (Jackson, Ryan)

Order

MOTION to Withdraw as Attorney filed by Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio. Responses due by 5/8/2019. (Ormonde, Mariana) Modified on 9/23/2019: : re-activated, terminated in error (Jackson, Ryan). (Entered: 04/24/2019)

RESPONSE In Opposition to 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Join Indispensable Party WITH SUPPORTING MEMO filed by All Plaintiffs. Replies due by 5/28/2019. (Attachments: # 1 Supporting Memorandum Plaintiffs' Memorandum in Opposition to the Defendants' Joint Motion to Dismiss)(Mickman, Jordan) (Entered: 05/20/2019)

MOTION to Substitute Party filed by Council on Elementary and Secondary Education, Rhode Island State Board of Education. Responses due by 6/7/2019. (Cottone, Anthony) Modified on 9/23/2019: re-activated, terminated in error (Jackson, Ryan). (Entered: 05/24/2019)

First MOTION for an Extension of Time (Assented to) filed by Council on Elementary and Secondary Education, Rhode Island State Board of Education, Ken Wagner. Responses due by 6/7/2019. (Cottone, Anthony) (Entered: 05/24/2019)

MOTION for Andrew J. Ceresney to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1369146 ) filed by Gerard P Cobleigh. (Cobleigh, Gerard) (Entered: 05/24/2019)

MOTION for Leave to File Amicus Brief filed by Gerard P Cobleigh. Responses due by 6/7/2019. (Cobleigh, Gerard) (Entered: 05/24/2019)

Assented MOTION for an Extension of Time to File Response/Reply filed by Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio. Responses due by 6/11/2019. (Field, Michael) (Entered: 05/28/2019)

TEXT ORDER granting 31 Motion to Appear Pro Hac Vice of Andrew J. Ceresney. So Ordered by Chief Judge William E. Smith on 5/28/2019. (Potter, Carrie)

Order on Motion to Appear Pro Hac Vice

Order on Motion for Extension of Time

Order on Motion for Extension of Time to File Response/Reply

TEXT ORDER granting 33 Motion for Extension of Time to File Response/Reply re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Join Indispensable Party. Replies due by 6/26/2019.. So Ordered by Chief Judge William E. Smith on 5/30/2019. (Jackson, Ryan) Modified on 5/31/2019 (Jackson, Ryan).

TEXT ORDER granting 30 THE EDUCATION DEFENDANTSASSENTED-TO MOTION TO EXTENDTIME TO FILE REPLY BRIEF up to and including 6/26/19 re: 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction filed by Council on Elementary and Secondary Education, Rhode Island State Board of Education, Ken Wagner. So Ordered by Chief Judge William E. Smith on 5/30/2019. (Jackson, Ryan)

TEXT ORDER granting 32 Motion for Leave to File Amicus Brief. So Ordered by Chief Judge William E. Smith on 6/5/2019. (Jackson, Ryan)

Order on Motion for Leave to File Amicus Brief

REPLY to Response re 28 Response to Motion,, filed by Council on Elementary and Secondary Education, Rhode Island State Board of Education, Ken Wagner. (Cottone, Anthony) (Entered: 06/26/2019)

REPLY to Response re 28 Response to Motion,, filed by Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio. (Field, Michael) (Entered: 06/26/2019)

TEXT ORDER granting 27 Motion to Withdraw as Attorney. Attorney Mariana E. Ormonde terminated. So Ordered by Chief Judge William E. Smith on 9/23/2019. (Jackson, Ryan)

Order on Motion to Withdraw as Attorney

TEXT ORDER granting 29 Motion to Substitute Party. Angelica Infante-Green (in his official capacity as Commissioner of Education of the State of Rhode Island) added. Ken Wagner (in his official capacity as Commissioner of Education of the State of Rhode Island) terminated. So Ordered by Chief Judge William E. Smith on 9/23/2019. (Jackson, Ryan)

DOCKET NOTE: This matter was closed in error on 7/2/19; the matter has been "re-opened" and all pending motions have been re-activated and remain pending before the Court (ECF Nos. 23, 25, 27, and 29) (Jackson, Ryan)

Public Docket Note

Order on Motion to Substitute Party

Notice of Hearing on Motion

NOTICE of Hearing on Motion 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Motion Hearing scheduled for Thursday 12/5/2019 at 10:00 AM in Courtroom 3 before Chief Judge William E. Smith. (Jackson, Ryan)

Motion Hearing

Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 12/5/2019 re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Council on Elementary and Secondary Education, Rhode Island State Board of Education, Ken Wagner, 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Join Indispensable Party filed by Nicholas A Mattiello, Gina M Raimondo, Dominick J Ruggerio: J. Wood, S. Zurier, S. Robinson, M. Rebell, A. Cattone, A. Shea, K. Hoffman, M. Filed. Arguments heard. Court questions; each side responds. Court takes matter under advisement and will issue a ruling at a later date. Recess. (Court Reporter D. Veitch in Courtroom 3 at 10:07 a.m..) (Potter, Carrie)

AMICUS BRIEF by John F. Cicilline. (Potter, Carrie) (Entered: 12/23/2019)

Letter to Judge Smith 4 24 2020 by A.C.. (Attachments: # 1 Appendix Slip Opinion)(Wood, Jennifer) Modified on 5/1/2020 to correct event type(Potter, Carrie). (Entered: 04/24/2020)

Letter to Judge Smith re: Reply to letter from Pltfs' Counsel by Council on Elementary and Secondary Education (Cottone, Anthony) Modified on 5/1/2020 to correct event type (Potter, Carrie). (Entered: 04/30/2020)

STATUS REPORT Letter to Judge Smith re Gary B. Case Status Update by All Plaintiffs. (Attachments: # 1 Settlement Agreement, # 2 Order en banc, # 3 Motion to Dismiss as Moot)(Wood, Jennifer) (Entered: 05/27/2020)

1 Settlement Agreement

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2 Order en banc

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3 Motion to Dismiss as Moot

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NOTICE by Angelica Infante-Green of latest Sixth Circuit Decision (Cottone, Anthony) (Entered: 07/01/2020)

Addendum Letter to Judge Smith by A.C.. (Wood, Jennifer) (Entered: 07/06/2020)

OPINION AND ORDER granting 23 Motion to Dismiss for Failure to State a Claim; granting 25 Motion to Dismiss for Failure to State a Claim. So Ordered by District Judge William E. Smith on 10/13/2020. (Jackson, Ryan) (Entered: 10/13/2020)

JUDGMENT. So Ordered by Deputy Clerk: Ryan H. Jackson on 10/13/2020. (Jackson, Ryan) (Entered: 10/13/2020)

NOTICE OF APPEAL by A.C., A.C.C., A.F., A.W., I.M., J.R.H., J.W., K.N.M.R., L.M., M.M.S., M.S., M.S., N.X. as to 42 Order on Motion to Dismiss for failure to State a Claim, 43 Judgment ( filing fee paid $ 505.00, receipt number 0103-1566569 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 11/17/2020. (Zurier, Samuel) (Entered: 11/10/2020)

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 44 Notice of Appeal. Documents Sent: 42, 43, 44. (Attachments: # 1 Record)(Hicks, Alyson) (Entered: 11/10/2020)

USCA Case Number 20-2082 for 44 Notice of Appeal filed by J.W., M.S., A.F., M.M.S., A.W., J.R.H., A.C.C., N.X., A.C., I.M., K.N.M.R., L.M.. (Hicks, Alyson)

TRANSCRIPT ORDER for proceedings held on 12/05/2019 before Judge Smith. 14-Day Transcript selected. Transcript to be delivered within 14 calendar days.. (Cottone, Anthony) (Entered: 02/02/2021)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 46 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer) (Entered: 02/03/2021)

TRANSCRIPT of Motion to Dismiss for Failure to State a Claim, held on December 5, 2019, before District Judge William E. Smith. Court Reporter Denise P. Veitch, Telephone number 401-752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 3/5/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/13/2021. (Veitch, Denise) (Entered: 02/12/2021)

OPINION of the U.S. Court of Appeals for the First Circuit entered as to 44 Notice of Appeal, filed by J.W., M.S., A.F., M.M.S., A.W., J.R.H., A.C.C., N.X., A.C., I.M., K.N.M.R., L.M. (Kenny, Meghan) (Main Document 49 replaced on 1/12/2022) (Kenny, Meghan). (Entered: 01/12/2022)

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 44 Notice of Appeal, filed by J.W., M.S., A.F., M.M.S., A.W., J.R.H., A.C.C., N.X., A.C., I.M., K.N.M.R., L.M. JUDGMENT entered: The judgment of the district court is affirmed. 20-2082 Affirmed (Kenny, Meghan) Modified on 1/12/2022 (Kenny, Meghan). (Entered: 01/12/2022)

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 50 Judgment of the U.S. Court of Appeals for the First Circuit, (Kenny, Meghan) (Entered: 02/03/2022)