Case: Charles H. v. District of Columbia

1:21-cv-00997 | U.S. District Court for the District of Columbia

Filed Date: April 9, 2021

Case Ongoing

Clearinghouse coding in progress

Case Summary

This is a case about the District of Columbia's alleged failure to provide special education and related services to incarcerated students during the COVID-19 pandemic.  D.C. Public Schools was the service provider for certain high school students with disabilities and special education needs, who were enrolled in the D.C. Jail's on-site school through the Inspiring Youth Program (IYP).  IYP Classes for were suspended on March 13, 2020.  For over a year, however, IYP students alleged that instr…

This is a case about the District of Columbia's alleged failure to provide special education and related services to incarcerated students during the COVID-19 pandemic.  D.C. Public Schools was the service provider for certain high school students with disabilities and special education needs, who were enrolled in the D.C. Jail's on-site school through the Inspiring Youth Program (IYP).  IYP Classes for were suspended on March 13, 2020.  For over a year, however, IYP students alleged that instruction did not resume.  Instead, these students claimed that they infrequently and sporadically received only hands-off instructional work packets without any meaningful feedback from instructors, and received no mandatory services, such as therapy or counseling sessions.

On April 9, 2021, two students filed this putative class action lawsuit against the District of Columbia, D.C. Public Schools and the Office of the State Superintendent of Education in the U.S. District Court for the District of Columbia.  The case was assigned to District Judge Carl J. Nichols.  Represented by a public interest law firm, the Washington Lawyers' Committee and the School Justice Project, the plaintiffs claimed their deprivation of a free appropriate public education violated the Individuals with Disabilities Education Act (IDEA), as well as the ADA, Rehabilitation Act, D.C. Humans Rights Act and state regulations implementing IDEA.  The students sought class certification; a declaratory judgment that defendants had violated their rights under the aforementioned statutes; preliminary and permanent injunctions ordering the defendants to take various courses of corrective action; and attorney’s fees.  

Shortly after the case was filed, the plaintiffs moved the Court to certify the class and for a preliminary injunction calling for the District to provide special education and related services via in-person or direct virtual instruction.  On May 26, 2021, the Civil Rights Division of the Department of Justice filed a Statement of Interest on behalf of the United States of America, expressing its general view that a failure to provide special education and related services to incarcerated youth violated the IDEA.  

The Court granted plaintiffs' motion for a preliminary injunction on June 16, 2021, holding that the students were experiencing irreparable harm from the denial of their education, that plaintiffs were likely to succeed on the merits of their claims and that defendants were required to provide every student enrolled in the Program with direct instruction and related services within 15 days of the order.  The preliminary injunction additionally mandated that defendants provided monthly status updates to keep the Court informed about their compliance.  In August 2021, defendants filed a motion to dismiss in part the claims of the plaintiffs.  That motion remained unresolved as of February 8, 2022.  

Following the 2021 summer school session and start of the 2021-2022 school year, plaintiffs filed a motion in October 2021 requesting the the Court to hold defendants in contempt.  The students alleged that defendants had not complied with the requirements of the preliminary injunction by failing to deliver students with education required by their education plans.  In the following months, defendants continued to file status reports under seal and opposed the motion for contempt on the grounds that they had taken all reasonable steps to comply with the preliminary injunction.  On February 16, 2022, the Court found the District in contempt, holding that the defendants had failed to comply with the injunction, and ordered the District of Columbia to submit individualized plans to make up for the lost education hours since the preliminary injunction order.  On March 9, 2022, the court granted defendants’ motion for extension of time until mid-April to submit the students’ individualized education plans and thereby comply with the contempt order.  

Plaintiffs filed on March 23, 2022 a motion to enforce the contempt order with respect to the submission of D.C. Public Schools individualized education plans, as well as request for expedited consideration.  The court denied this request to expedite the motion to enforce.  Defendants additionally moved for clarification of the preliminary injunction and contempt orders on April 19, 2022, specifically with respect to their requirements of direct instruction for members of the provisionally certified class.  

District Judge Carl J. Nichols ordered on June 30, 2022 that the case be transferred directly to Magistrate Judge G. Michael Harvey for settlement discussions between the parties, requiring the parties to submit joint status reports within 45 days of the order and every 30 days thereafter.  After the parties engaged in settlement discussions throughout the summer of 2022, the court ordered on September 26, 2022 that the case, including the pending motion on class certification, motion to dismiss, motion to enforce the contempt order and motion for clarification, be stayed while the Parties were in mediation.  The parties most recently convened a settlement conference on September 29, 2022.  The case remains ongoing.  

 

Summary Authors

Chris Miller (10/4/2022)

Calvin Kim (11/12/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59812939/parties/h-v-district-of-columbia/


Judge(s)
Attorney for Plaintiff

Banner, Kaitlin Rose (District of Columbia)

Belle, Ifetayo (District of Columbia)

Comeau, Sarah L. (District of Columbia)

Fuentes, Zenia Sanchez (District of Columbia)

Attorney for Defendant

Bluming, Micah Ian (District of Columbia)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
114-1

1:21-cv-00997

Plaintiffs' Memorandum in Support of Their Motion for a Preliminary Injunction

Maldonado v. District of Columbia

Sept. 24, 2019

Sept. 24, 2019

Pleading / Motion / Brief
101

1:21-cv-00997

Order

Feb. 16, 2021

Feb. 16, 2021

Order/Opinion
1:21-cv-00997-CJN

1:21-cv-00997

Class Action Complaint for Declaratory, Injunctive, and Other Relief

April 9, 2021

April 9, 2021

Complaint
12

1:21-cv-00997

Motion for Preliminary Injunction

April 12, 2021

April 12, 2021

Pleading / Motion / Brief
11-1

1:21-cv-00997

Memorandum of Points and Authorities in support of Plaintiff's Motion for Class Certification

April 12, 2021

April 12, 2021

Pleading / Motion / Brief

2021 WL 2021

24

1:21-cv-00997

Statement of Interest of the United States of America

May 26, 2021

May 26, 2021

Pleading / Motion / Brief
37

1:21-cv-00997

Order

June 16, 2021

June 16, 2021

Order/Opinion
38

1:21-cv-00997

Memorandum Opinion

June 16, 2021

June 16, 2021

Order/Opinion

2021 WL 2021

43-1

1:21-cv-00997

Memorandum in Support

July 7, 2021

July 7, 2021

Pleading / Motion / Brief
44-3

1:21-cv-00997

Second Amended Class Action Complaint

July 21, 2021

July 21, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59812939/h-v-district-of-columbia/

Last updated Nov. 14, 2023, 11:10 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed Under Pseudonym by ISRAEL F., CHARLES H.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(eg) (Entered: 04/12/2021)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Text of Proposed Order

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April 9, 2021

April 9, 2021

PACER
2

SEALED MOTION filed by ISRAEL F., CHARLES H.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(zeg) (Entered: 04/12/2021)

April 9, 2021

April 9, 2021

PACER
3

ORDER granting 1 Motion for Leave to Proceed Under Pseudonym; granting 2 Sealed Motion. Signed by Chief Judge Beryl A. Howell on 4/9/2021. (eg) (Entered: 04/12/2021)

April 9, 2021

April 9, 2021

PACER
4

COMPLAINT against DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION (Filing fee $ 402) filed by CHARLES H., ISRAEL F.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(eg) (Entered: 04/12/2021)

April 9, 2021

April 9, 2021

PACER
5

SEALED DOCUMENT filed by ISRAEL F., CHARLES H.. re 4 Complaint, filed by ISRAEL F., CHARLES H.. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Exhibit)(zeg) (Entered: 04/12/2021)

April 9, 2021

April 9, 2021

PACER
6

NOTICE of Appearance by Honey C. Morton on behalf of All Defendants (Morton, Honey) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER

Payment for 4 Complaint,. ($402; Receipt number ADCDC-8367417). (Madison, Stephanie)

April 12, 2021

April 12, 2021

PACER
7

NOTICE of Appearance by Kathleen Lillian Millian on behalf of All Plaintiffs (Millian, Kathleen) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
8

NOTICE of Appearance by Zenia Sanchez Fuentes on behalf of All Plaintiffs (Sanchez Fuentes, Zenia) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
9

NOTICE of Appearance by Kaitlin Rose Banner on behalf of All Plaintiffs (Banner, Kaitlin) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
10

NOTICE of Appearance by Margaret Hart on behalf of All Plaintiffs (Hart, Margaret) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
11

MOTION to Certify Class by ISRAEL F., CHARLES H.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, Hearing Officer Determination, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 4 Exhibit 2, Complaint, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 5 Exhibit 3, Prehearing Order, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 6 Exhibit 4, Testimony of Amy Lopez, Deputy Director, Department of Corrections, Charles H. v. DCPS and OSSE, # 7 Exhibit 5, OSSE 2020-21 School Year Annual Enrollment Audit Supplemental Tables, # 8 Exhibit 6, DCPS IYP School Profile, # 9 Exhibit 7, Declaration of Rachel Russo, # 10 Exhibit 8, Department of Corrections Inspection Report, October 2020, # 11 Exhibit 9, Testimony of Tarisai Lumumba-Umoja, DCPS Special Education Coordinator, Charles H. v. DCPS, Case No. 2020-0184, # 12 Exhibit 10, Testimony of Dr. Tanya Roane, former IYP Principal, Charles H. v. DCPS, Case No. 2020-0184, # 13 Exhibit 11, Declaration of Charles H., # 14 Exhibit 12, Declaration of Israel F., # 15 Exhibit 13, DCPS Closing Statement, Charles H. v. DCPS, Case No. 2020-0184, # 16 Exhibit 14, Declaration of Kathleen L. Millian, # 17 Exhibit 15, Declaration of Zenia Sanchez Fuentes, # 18 Exhibit 16, Declaration of Stephanie A. Madison, # 19 Exhibit 17, Declaration of Sarah Comeau, # 20 Exhibit 18, Declaration of Jonathan Smith)(Madison, Stephanie) (Entered: 04/12/2021)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit 1, Hearing Officer Determination, Charles H. v. DCPS and OSSE, Case No.

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4 Exhibit 2, Complaint, Charles H. v. DCPS and OSSE, Case No. 2020-0184

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5 Exhibit 3, Prehearing Order, Charles H. v. DCPS and OSSE, Case No. 2020-0184

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6 Exhibit 4, Testimony of Amy Lopez, Deputy Director, Department of Corrections, C

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7 Exhibit 5, OSSE 2020-21 School Year Annual Enrollment Audit Supplemental Tables

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8 Exhibit 6, DCPS IYP School Profile

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9 Exhibit 7, Declaration of Rachel Russo

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10 Exhibit 8, Department of Corrections Inspection Report, October 2020

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11 Exhibit 9, Testimony of Tarisai Lumumba-Umoja, DCPS Special Education Coordinato

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12 Exhibit 10, Testimony of Dr. Tanya Roane, former IYP Principal, Charles H. v. DC

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13 Exhibit 11, Declaration of Charles H.

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14 Exhibit 12, Declaration of Israel F.

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15 Exhibit 13, DCPS Closing Statement, Charles H. v. DCPS, Case No. 2020-0184

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16 Exhibit 14, Declaration of Kathleen L. Millian

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17 Exhibit 15, Declaration of Zenia Sanchez Fuentes

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18 Exhibit 16, Declaration of Stephanie A. Madison

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19 Exhibit 17, Declaration of Sarah Comeau

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20 Exhibit 18, Declaration of Jonathan Smith

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April 12, 2021

April 12, 2021

PACER
12

MOTION for Preliminary Injunction Concerning Education for Students with Disabilities at the DC Jail Complex by ISRAEL F., CHARLES H.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, US Dept. of Education, Dear Colleague Letter, # 4 Exhibit 2, Memorandum of Agreement, OSSE, DCPS, DOC, # 5 Exhibit 3, DOC Policy No. 4110.7F, # 6 Exhibit 4, US Dept. of Education COVID-19 Guidance, # 7 Exhibit 5, OSSE 2020 Guidance Remote and Blended Learning, # 8 Exhibit 6, Letter from Chancellor Ferebee to DCPS Community, # 9 Exhibit 7, Chancellor Ferebee DC Council Testimony, # 10 Exhibit 8, DCPS Special Education Resources Guide, # 11 Exhibit 9, Email from Chancellor Ferebee to DCPS Community, # 12 Exhibit 10, Testimony, Charles H. v. DCPS, Case No. 2020-0184, # 13 Exhibit 11, Declaration of Rachel Russo, # 14 Exhibit 12, Declaration of Israel F., # 15 Exhibit 13, Temporary Restraining Order, Banks v. Booth, Civ. No. 20-849, # 16 Exhibit 14, Preliminary Injunction Order, Banks v. Booth, Civ. No. 20-849, # 17 Exhibit 15, Declaration of Charles H., # 18 Exhibit 16, DCPS Service Tracker for Charles H., # 19 Exhibit 17, Letter to District from Advocates, # 20 Exhibit 18, 2020-2021 IYP Student Handbook, # 21 Exhibit 19, DOC Instructions for APDS Tablets, # 22 Exhibit 20, Declaration of Joseph Brojomohun-Gagnon, # 23 Exhibit 21, IEP Charles H., # 24 Exhibit 22, Letter from DOC Education Administrator to Students, # 25 Exhibit 23, DOC Work Distribution Log, # 26 Exhibit 24, Compliant, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 27 Exhibit 25, Hearing Officer Determination, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 28 Exhibit 26, Prehearing Order, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 29 Exhibit 27, Complaint, Israel F. v. DCPS and OSSE, # 30 Exhibit 28, DCPS Closing Statement, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 31 Exhibit 29, Declaration of Eden Nelson, # 32 Exhibit 30, DOC Policy 2420.4D, Email and Internet Use, # 33 Exhibit 31, Maya Angelou Public Charter School 2019-2020 Report, # 34 Exhibit 32, DCPS 2020-2021 School Recovery Plan, # 35 Exhibit 33, DOC 2020 Inspection Report, # 36 Exhibit 34, Draft COVID-10 IYP Operations School Reopening Plan, # 37 Exhibit 35, DOC Lead Up Statement, # 38 Exhibit 36, Email from Chancellor Ferebee to Advocates, # 39 Exhibit 37, OSSE Closing Statement, Charles H. v. DCPS and OSSE, Case No. 2020-0184, # 40 Exhibit 38, OSSE 2020-2021 Risk Based Monitoring Tool, IDEA Part B, # 41 Exhibit 39, OSSE IDEA Grant Funding and LEA Allocation for 2020-2021 School Year, # 42 Exhibit 40, Defendants' March 1, 2021 Report, DL v. DC, Civ. No. 06-1437)(Sanchez Fuentes, Zenia) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

Clearinghouse

Payment of Fee - Complaint

April 12, 2021

April 12, 2021

PACER

MINUTE ORDER. Upon review of Plaintiffs' 12 Motion for a Preliminary Injunction, it is hereby ORDERED that the Parties shall meet and confer and file a Joint Status Report setting forth a recommended briefing schedule for the resolution of Plaintiffs' Motion by 11:59 a.m. on April 15, 2021. Signed by Judge Carl J. Nichols on April 13, 2021. (lccjn3)

April 13, 2021

April 13, 2021

PACER

Set/Reset Deadlines: Joint Status Report due by 4/15/2021 at 11:59 a.m. (zcal)

April 13, 2021

April 13, 2021

PACER
13

SUMMONS (4) Issued Electronically as to DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION., SUMMONS Issued Electronically as to DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION, District of Columbia Attorney General, and the District of Columbia Mayor. (eg) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
14

NOTICE of Appearance by Ifetayo Belle on behalf of All Plaintiffs (Belle, Ifetayo) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER

.Order

April 13, 2021

April 13, 2021

PACER

Set/Reset Deadlines

April 13, 2021

April 13, 2021

PACER
15

Joint STATUS REPORT by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Morton, Honey) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

RECAP
16

NOTICE of Appearance by Micah Ian Bluming on behalf of DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION (Bluming, Micah) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER

MINUTE ORDER. Upon review of the Parties' 15 Joint Status Report, the Court enters the following briefing schedule: Defendants shall respond to Plaintiffs' 12 Motion for a Preliminary Injunction by May 12, 2021; Plaintiffs shall reply by May 27, 2021; and Defendants shall respond to Plaintiffs' 4 Complaint no later than 14 days after the Court resolves Plaintiffs' Motion. The Parties are ORDERED to appear for an oral argument on the 12 Motion via teleconference on June 2, 2021, at 2 p.m. ET. The Parties are further ORDERED to appear for a Status Conference to discuss the appropriate time frame for briefing Plaintiffs' 11 Motion to Certify Class on April 21, 2021, at 2 p.m. ET. Signed by Judge Carl J. Nichols on April 16, 2021. (lccjn3)

April 16, 2021

April 16, 2021

PACER
17

NOTICE of Appearance by Richard P. Sobiecki on behalf of All Defendants (Sobiecki, Richard) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER

Set/Reset Deadlines/Hearings: Defendant Response due by 5/12/2021. Plaintiff Reply due by 5/27/2021. Motion Hearing set for 6/2/2021 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. Status Conference set for 4/21/2021 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal)

April 16, 2021

April 16, 2021

PACER

.Order

April 16, 2021

April 16, 2021

PACER

Set/Reset Deadlines/Hearings

April 17, 2021

April 17, 2021

PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on April 13, 2021. (Attachments: # 1 Exhibit 1, OAG Office Order No. 2020-10, # 2 Exhibit 2, Email from OAG Accepting Service)(Sanchez Fuentes, Zenia) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 4/13/2021. Answer due for ALL D.C. DEFENDANTS by 5/4/2021. (Attachments: # 1 Exhibit 1, OAG Office Order No. 2020-10, # 2 Exhibit 2, Email from OAG Accepting Service)(Sanchez Fuentes, Zenia) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA PUBLIC SCHOOLS served on 4/13/2021; OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION served on 4/13/2021 (Attachments: # 1 Exhibit 1, OAG Office Order No. 2020-10, # 2 Exhibit 2, Email from OAG Accepting Service on Behalf of All Defendants)(Sanchez Fuentes, Zenia) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER

Minute Entry for proceedings held before Judge Carl J. Nichols: Telephone Status Conference held on 4/21/2021. Response remains due 5/12/2021. Court Reporter: Lorraine Herman. (zcal)

April 21, 2021

April 21, 2021

PACER

~Util - Set/Reset Deadlines AND Status Conference

April 21, 2021

April 21, 2021

PACER
21

ERRATA of Proposed Order by ISRAEL F., CHARLES H. re 12 MOTION for Preliminary Injunction Concerning Education for Students with Disabilities at the DC Jail Complex filed by ISRAEL F., CHARLES H.. (Attachments: # 1 Text of Proposed Order)(Sanchez Fuentes, Zenia) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
22

NOTICE of Appearance by Sarah L. Comeau on behalf of All Plaintiffs (Comeau, Sarah) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
23

Memorandum in opposition to re 12 MOTION for Preliminary Injunction Concerning Education for Students with Disabilities at the DC Jail Complex filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Exhibit A (Declaration of Dr. Jerry Jellig), # 2 Exhibit B (Declaration of Lisa Brown), # 3 Exhibit C (Declaration of Tamara Dukes), # 4 Exhibit D (Declaration of Tarisai Lumumba-Umoja), # 5 Exhibit E (Declaration of Kathleen Jo Landerkin), # 6 Exhibit F (Declaration of Dr. Raymond Cummings), # 7 Exhibit G (Declaration of Dr. Amy Lopez), # 8 Exhibit H (Declaration of Michele Jones), # 9 Exhibit I (Declaration of Melvina Jones), # 10 Text of Proposed Order)(Sobiecki, Richard) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
24

STATEMENT of Interest from United States of America. (Wilson, Ryan) Modified event title on 6/1/2021 (znmw). (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

Clearinghouse
25

MOTION for Leave to File a Supplemental Declaration with Their Reply Brief in Support of Their Motion for Preliminary Injunction by ISRAEL F., CHARLES H.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 45, IYP Student Declaration (Redacted))(Sanchez Fuentes, Zenia) (Entered: 05/27/2021)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit 45, IYP Student Declaration (Redacted)

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May 27, 2021

May 27, 2021

RECAP
26

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ISRAEL F., CHARLES H. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 45, IYP Student Declaration, # 2 Text of Proposed Order)(Sanchez Fuentes, Zenia) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
27

REPLY to opposition to motion re 12 MOTION for Preliminary Injunction Concerning Education for Students with Disabilities at the DC Jail Complex filed by ISRAEL F., CHARLES H.. (Attachments: # 1 Exhibit 41, Excerpt of U.S. Department of Education, Supplemental Fact Sheet: Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities, March 21, 2020, # 2 Exhibit 42, Excerpt, U.S. Department of Education, Questions and Answers on Civil Rights and School Reopening in the COVID-19 Environment, May 13, 2021, # 3 Exhibit 43, Excerpt, U.S. Department of Education, Frequently Asked Questions, September 28, 2020, # 4 Exhibit 44, Electronic Mail Exchange, Rachel Russo and DCPS IYP Staff, May 21-24, 2021)(Sanchez Fuentes, Zenia) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER

MINUTE ORDER. Upon review of the Parties' 12 23 27 Preliminary Injunction briefing, Plaintiffs are hereby ORDERED to file an appropriately redacted copy of Israel F.'s most recent Individualized Education Plan by 1 pm on June 1, 2021. Signed by Judge Carl J. Nichols on May 28, 2021. (lccjn3)

May 28, 2021

May 28, 2021

PACER

Set/Reset Deadlines: Redacted copy of Israel F.'s most recent Individualized Education Plan due by 6/1/2021. (zcal)

May 28, 2021

May 28, 2021

PACER

.Order

May 28, 2021

May 28, 2021

PACER
28

NOTICE of Filing of Individualized Education Program of Israel F. by ISRAEL F., CHARLES H. re Set/Reset Deadlines (Attachments: # 1 Exhibit IEP of Israel F. (Redacted))(Sanchez Fuentes, Zenia) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
29

Unopposed MOTION to Proceed Under Pseudonym by ISRAEL F., CHARLES H.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration 1, Placeholder Declaration)(Madison, Stephanie) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
30

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ISRAEL F., CHARLES H. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, Declaration in Support of Motion, # 2 Exhibit 2, Identifying Information for Additional Plaintiff, # 3 Text of Proposed Order)(Madison, Stephanie) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
31

MOTION to Amend/Correct 4 Complaint,, MOTION for Leave to File an Amended and Supplemented Class Action Complaint for Declaratory, Injunctive, and Other Relief by ISRAEL F., CHARLES H.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, Amended and Supplemented Class Action Complaint for Declaratory, Injunctive, and Other Relief, # 4 Exhibit 2, Redline of Amended and Supplemented Class Action Complaint for Declaratory, Injunctive, and Other Relief)(Madison, Stephanie) (Entered: 06/01/2021)

4

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June 1, 2021

June 1, 2021

PACER
32

Consent MOTION for Leave to File Supplemental Declarations by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A (Supplemental Declaration of Melvina Jones), # 4 Exhibit B (Supplemental Declaration of Tamara Dukes), # 5 Exhibit C (Supplemental Declaration of Dr. Amy Lopez))(Bluming, Micah) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
33

ERRATA by ISRAEL F., CHARLES H. re 31 MOTION to Amend/Correct 4 Complaint, MOTION for Leave to File an Amended and Supplemented Class Action Complaint for Declaratory, Injunctive, and Other Relief filed by ISRAEL F., CHARLES H.. (Attachments: # 1 Exhibit 1, Corrected Redline of Amended and Supplemented Class Action Complaint for Declaratory, Injunctive, and Other Relief)(Madison, Stephanie) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER

Set/Reset Deadlines

June 1, 2021

June 1, 2021

PACER

Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Telephone Motion Hearing held on 6/2/2021 re 12 MOTION for Preliminary Injunction. 12 Motion for Preliminary Injunction; Taken Under advisement. Further Order and Opinion to be issued by the Court. Court Reporter: Lorraine Herman. (zcal)

June 2, 2021

June 2, 2021

PACER

Motion Hearing AND Order on Motion for Preliminary Injunction

June 2, 2021

June 2, 2021

PACER
34

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A (Document to File Under Seal), # 4 Certificate of Service)(Bluming, Micah) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
35

MOTION for Scheduling Order and Response to Plaintiffs' Motion for Leave to File an Amended Complaint by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bluming, Micah) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
36

RESPONSE re 31 MOTION to Amend/Correct 4 Complaint, MOTION for Leave to File an Amended and Supplemented Class Action Complaint for Declaratory, Injunctive, and Other Relief and Motion to Set Briefing Schedule (see ECF No. 35) filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Bluming, Micah) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

RECAP

MINUTE ORDER. Upon review of the Parties' Unopposed Motions, including Plaintiffs' 25 Motion for Leave to File a Supplemental Declaration, 29 Motion to Proceed Under Pseudonym, and 31 Motion for Leave to File an Amended Complaint, as well as Defendants' 32 Motion for Leave to File Supplemental Declarations, and 35 Motion for Scheduling Order, it is hereby ORDERED that the Motions are GRANTED. Defendants shall thus respond to Plaintiffs' Amended Complaint no later than 21 days after the Court resolves Plaintiffs' 12 Motion for a Preliminary Injunction. The Parties are further ORDERED to meet and confer within 5 days of the Court's decision resolving Plaintiffs' 12 Motion for a Preliminary Injunction to determine the appropriate timeline for resolving Plaintiffs' 11 Motion to Certify Class. Signed by Judge Carl J. Nichols on June 16, 2021. (lccjn3)

June 16, 2021

June 16, 2021

PACER
37

ORDER granting Plaintiffs' 12 Motion for Preliminary Injunction. Signed by Judge Carl J. Nichols on June 16, 2021. (lccjn3) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

Clearinghouse
38

MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on June 16, 2021. (lccjn3) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

Clearinghouse

Order on Motion for Scheduling Order

June 16, 2021

June 16, 2021

PACER
39

Joint STATUS REPORT by DISTRICT OF COLUMBIA. (Bluming, Micah) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER

MINUTE ORDER Upon review of the Parties' 39 Joint Status Report, the Court adopts the following briefing deadlines: Defendants shall file any Opposition to Plaintiffs' 11 Motion to Certify Class by August 7, 2021, and Plaintiffs shall Reply by August 21, 2021. Signed by Judge Carl J. Nichols on June 23, 2021. (lccjn3)

June 23, 2021

June 23, 2021

PACER

Set/Reset Deadlines: Response due by 8/7/2021. Reply due by 8/21/2021. (zcal)

June 23, 2021

June 23, 2021

PACER

.Order

June 23, 2021

June 23, 2021

PACER

Set/Reset Deadlines

June 24, 2021

June 24, 2021

PACER
40

SEALED DOCUMENT filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Certificate of Service)(Bluming, Micah) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
41

STATUS REPORT by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Bluming, Micah) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
42

MOTION for Extension of Time to File Answer by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bluming, Micah) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
43

MOTION to Dismiss in Part Plaintiffs' Amended Complaint by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sobiecki, Richard) (Entered: 07/07/2021)

1 Memorandum in Support

View on Clearinghouse

2 Text of Proposed Order

View on PACER

July 7, 2021

July 7, 2021

PACER

MINUTE ORDER. Upon review of Defendants' 42 Motion for Extension of Time to File Answer, it is hereby ORDERED that the Motion is GRANTED. Defendants shall file their Answer to Plaintiffs' [31-3] Amended Complaint no later than 14 days after the Court resolves Defendants' 43 Partial Motion to Dismiss. See Betz v. First Credit Servs., Inc., 139 F. Supp. 3d 451, 456 n.4 (D.D.C. 2015). Signed by Judge Carl J. Nichols on July 8, 2021. (lccjn3)

July 8, 2021

July 8, 2021

PACER

Order on Motion for Extension of Time to Answer

July 8, 2021

July 8, 2021

PACER
44

MOTION for Leave to File a Second Amended Complaint by ISRAEL F., CHARLES H.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, Second Amended Class Action Complaint, # 4 Exhibit 2, Redlined Second Amended Class Action Complaint)(Madison, Stephanie) (Entered: 07/21/2021)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

3 Exhibit 1, Second Amended Class Action Complaint

View on Clearinghouse

4 Exhibit 2, Redlined Second Amended Class Action Complaint

View on PACER

July 21, 2021

July 21, 2021

RECAP
45

Memorandum in opposition to re 43 MOTION to Dismiss in Part Plaintiffs' Amended Complaint filed by ISRAEL F., CHARLES H.. (Attachments: # 1 Text of Proposed Order)(Sanchez Fuentes, Zenia) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
48

REPLY to opposition to motion re 44 MOTION for Leave to File a Second Amended Complaint filed by ISRAEL F., CHARLES H.. (Sanchez Fuentes, Zenia) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
49

Memorandum in opposition to re 47 MOTION for Extension of Time to Reply in Support of Motion to Dismiss and to Oppose Class Certification (see ECF No. 46) filed by ISRAEL F., CHARLES H.. (Attachments: # 1 Text of Proposed Order)(Sanchez Fuentes, Zenia) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
50

STATUS REPORT by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Exhibit A (Supplemental Declaration of Dr. Raymond Cummings), # 2 Exhibit B (Declaration of Victoria Glick), # 3 Exhibit C (Supplemental Declaration of Dr. Amy Lopez))(Bluming, Micah) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
51

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Bluming, Micah) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
52

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Certificate of Service)(Bluming, Micah) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
53

REPLY to opposition to motion re 43 MOTION to Dismiss in Part Plaintiffs' Amended Complaint filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Sobiecki, Richard) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER

MINUTE ORDER. Upon review of Plaintiffs' 44 Motion for leave to File a Second Amended Complaint, it is hereby ORDERED that the Motion is GRANTED. Plaintiffs' [44-3] Second Amended Class Action Complaint is thus accepted as timely filed. Signed by Judge Carl J. Nichols on August 5, 2021. (lccjn3)

Aug. 5, 2021

Aug. 5, 2021

PACER

MINUTE ORDER. Upon review of Defendants' 47 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Defendants 53 Reply is thus deemed timely filed, and Defendants shall respond to Plaintiffs' Motion for Class Certification no later than August 14, 2021. Signed by Judge Carl J. Nichols on August 5, 2021. (lccjn3)

Aug. 5, 2021

Aug. 5, 2021

PACER
54

NOTICE of Recent Development Concerning Plaintiff Israel F. by ISRAEL F., CHARLES H. re 43 MOTION to Dismiss in Part Plaintiffs' Amended Complaint (Sanchez Fuentes, Zenia) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER

Set/Reset Deadlines: Defense Response due by 8/14/2021. (zcal)

Aug. 5, 2021

Aug. 5, 2021

PACER

Order on Motion for Leave to File

Aug. 5, 2021

Aug. 5, 2021

PACER

Order on Motion for Extension of Time to

Aug. 5, 2021

Aug. 5, 2021

PACER

Set/Reset Deadlines

Aug. 6, 2021

Aug. 6, 2021

PACER
55

Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Certify Class by ISRAEL F., CHARLES H.. (Attachments: # 1 Text of Proposed Order)(Madison, Stephanie) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
56

MOTION to Clarify Deadline to Answer Second Amended Complaint by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Sobiecki, Richard). Added MOTION for Extension of Time to File Answer on 8/30/2021 (znmw). (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
57

Memorandum in opposition to re 11 MOTION to Certify Class filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Sobiecki, Richard) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
58

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Exhibit A (Unredacted Brief), # 3 Text of Proposed Order, # 4 Certificate of Service)(Bluming, Micah) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER

MINUTE ORDER. Upon review of Defendants' 56 Motion for Clarification and for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. On August 5, 2021, the Court granted Plaintiffs' 44 Motion for Leave to File a Second Amended Complaint, which caused Plaintiffs' [44-3] Second Amended Complaint to supersede all previous Complaints. Fed. R. Civ. P. 12(b)(2); see also Nat'l City Mortg. Co. v. Navarro, 220 F.R.D. 102, 106 (D.D.C. 2004). Defendants' 43 Motion to Dismiss in Part Plaintiffs' First Amended Complaint is thus moot, and so DISMISSED without prejudice. See Barnes v. D.C., 42 F. Supp. 3d 111, 117 (D.D.C. 2014). It is further ORDERED that Defendants shall respond to Plaintiffs' [44-3] Second Amended Complaint by August 26, 2021. Signed by Judge Carl J. Nichols on August 18, 2021. (lccjn3)

Aug. 18, 2021

Aug. 18, 2021

PACER

MINUTE ORDER. Upon review of Plaintiffs' 55 Consent Motion to Extend Time, it is hereby ORDERED that the Motion is GRANTED, and Plaintiffs' shall reply by August 30, 2021. Signed by Judge Carl J. Nichols on August 18, 2021. (lccjn3)

Aug. 18, 2021

Aug. 18, 2021

PACER

Set/Reset Deadlines: Answer due by 8/26/2021. Plaintiffs' Reply due by 8/30/2021. (zkh)

Aug. 18, 2021

Aug. 18, 2021

PACER

Order on Motion to Clarify

Aug. 18, 2021

Aug. 18, 2021

PACER

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

Aug. 18, 2021

Aug. 18, 2021

PACER

Set/Reset Deadlines

Aug. 18, 2021

Aug. 18, 2021

PACER
59

Consent MOTION for Extension of Time to File Answer by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bluming, Micah) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER

MINUTE ORDER. Upon review of Defendants' 59 Consent Motion for Extension of Time to File Answer, it is hereby ORDERED that the Motion is GRANTED. Defendants shall file their Answer to Plaintiffs' [44-3] Second Amended Complaint no later than 14 days after the Court resolves Defendants' forthcoming Partial Motion to Dismiss Plaintiffs' Second Amended Complaint. Signed by Judge Carl J. Nichols on August 20, 2021. (lccjn3)

Aug. 20, 2021

Aug. 20, 2021

PACER

Order on Motion for Extension of Time to Answer

Aug. 20, 2021

Aug. 20, 2021

PACER
60

MOTION to Dismiss in Part Second Amended Complaint by DISTRICT OF COLUMBIA, DISTRICT OF COLUMBIA PUBLIC SCHOOLS, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sobiecki, Richard) (Entered: 08/26/2021)

1 Memorandum in Support

View on RECAP

2 Text of Proposed Order

View on PACER

Aug. 26, 2021

Aug. 26, 2021

PACER
61

REPLY to opposition to motion re 11 MOTION to Certify Class filed by ISRAEL F., CHARLES H.. (Madison, Stephanie) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
62

SEALED MOTION filed by ISRAEL F., CHARLES H. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, Unredacted Version of Plaintiffs' Reply Brief in Support of Their Motion for Class Certification)(Madison, Stephanie) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Education

Disability Rights

Jail Conditions

Key Dates

Filing Date: April 9, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three incarcerated students with disabilities and special education needs who were enrolled in the D.C. Jail's Inspiring Youth Program (IYP).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

District of Columbia (Washington, District of Columbia), City

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

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

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

State law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,500,000

Order Duration: 2023 - None

Content of Injunction:

Preliminary relief granted

Remedial education

Reporting

Issues

General:

Juveniles

School/University policies

Disability and Disability Rights:

Special education

Mental impairment

Learning disability

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run