Case: Endrew F. v. Douglas County School District RE-1

Supreme Court of the United States

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

Supreme Court of the United States

Endrew F. v. Douglas County School District

U.S. Court of Appeals for the Tenth Circuit

United States Department of Education

COMPLAINT against Douglas County School District RE-1 (Filing fee $ 350, Receipt Number 1082-3045989), filed by Endrew F. (Attachments: # 1 Civil Cover Sheet)(Robinson, Jack) (Entered: 10/02/2012)

1 Civil Cover Sheet

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Case assigned to Judge John L. Kane and drawn to Magistrate Judge Micheal E. Hegarty. Text Only Entry (dbera, ) (Entered: 10/03/2012)

Magistrate Judge Consent Form issued. (dbera, ) (Entered: 10/03/2012)

MEMORANDUM RETURNING CASE for reassignment by Judge John L. Kane. (sgrim) (Entered: 10/03/2012)

CASE REASSIGNED pursuant to 4 Memorandum Returning Case. This case is reassigned to Judge David M. Ebel. All future pleadings should be designated as 12-cv-02620-DME-MEH. Text Only Entry. (sgrim) (Entered: 10/03/2012)

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty, by Judge David M. Ebel on 10/4/12. (lygsl, ) (Entered: 10/04/2012)

MINUTE ORDER Scheduling Conference set for 12/18/2012 09:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. by Magistrate Judge Michael E. Hegarty on 10/16/2012. (mehcd, ) (Entered: 10/16/2012)

WAIVER OF SERVICE Returned Executed by Joseph F., Jennifer F., Endrew F.. Douglas County School District RE-1 waiver sent on 10/30/2012, answer due 12/31/2012. (Robinson, Jack) (Entered: 11/01/2012)

Unopposed MOTION to Reassign Case to AP Docket by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 11/19/2012)

MEMORANDUM regarding 9 Unopposed MOTION to Reassign Case to AP Docket filed by Joseph F., Jennifer F., Endrew F.Motions referred to Magistrate Judge Michael E. Hegarty by Judge David M. Ebel on 11/20/12. Text Only Entry (jjhsl, ) (Entered: 11/20/2012)

MINUTE ORDER granting 9 Motion to Reassign Case. The Clerk of the Court is directed to reassign this case to the AP docket. The Scheduling Conference currently set before this Court on December 18, 2012, is vacated by Magistrate Judge Michael E. Hegarty on 11/20/12.(jjhsl, ) Modified on 11/29/2012 (jjhsl, ). (Entered: 11/23/2012)

MINUTE ORDER Re Joint Case Management Plan, by Judge John L. Kane on 11/29/12. (Attachments: # 1 Attachment) (rpmcd) (Entered: 11/29/2012)

1 Attachment

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ANSWER to 1 Complaint by Douglas County School District RE-1.(Ross, Robert) (Entered: 11/30/2012)

Proposed Scheduling Order Joint Case Management Plan for Petitions for Review of Agency Action by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 12/18/2012)

Joint Case Management Plan for Petitions for Review of Agency Action. Adm Plaintiffs Brief due by 3/15/2013. Adm Defendants Brief due by 4/15/2013. Adm Plaintiff Reply Brief due by 4/30/2013, by Judge John L. Kane on 12/20/12. (sgrim) (Entered: 01/07/2013)

ADMINISTRATIVE RECORD COVER PAGE (Text Only Entry - Available in other format at the Clerk's Office) by Defendant Douglas County School District RE-1. (jjhsl, ) (Additional attachment(s) added on 5/12/2021: # 1 Binder 1, # 2 Binder 1 Substitution, # 3 Binder 2, # 4 Binder 3, # 5 Transcripts Day 1, # 6 Transcripts Day 2, # 7 Transcript Day 3) (cmadr, ). Modified to add documents to docket entry on 5/12/2021 (cmadr, ). (Entered: 01/04/2013)

Unopposed MOTION to Supplement Administrative Record by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Attachments: # 1 Proposed Document)(Robinson, Jack) (Entered: 01/28/2013)

1 Proposed Document

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ORDER granting 17 The Unopposed Motion to Supplement. The Administrative Record is SUPPLEMENTED by substitution of a complete copy of the pleadings filed with the Office of Administrative Courts for the pleadings previously submitted in Binder One of Three of the Administrative Record (Doc. 15), by Judge John L. Kane on 01/29/13. Text Only Entry(jlksec) (Entered: 01/29/2013)

MOTION for Extension of Time to File Opening Brief by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Attachments: # 1 Proposed Order (PDF Only))(Robinson, Jack) (Entered: 03/15/2013)

1 Proposed Order (PDF Only)

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Minute ORDER granting 19 Petitioner's Unopposed Motion to Extend Time to File Opening Brief. Petitioner has up to and including March 22, 2013 to file an Opening Brief, by Judge John L. Kane on 3/15/13. Text Only Entry(lygsl, ) (Entered: 03/15/2013)

BRIEF Opening Brief by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) Modified on 3/25/2013 as counsel has been directed to refile. (sgrim) (Entered: 03/22/2013)

PLAINTIFF'S OPENING BRIEF re 15 Administrative Record by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 03/25/2013)

MOTION for Order to Accept Late Filing of Reply Brief by Defendant Douglas County School District RE-1. (Ross, Robert) (Entered: 04/30/2013)

DEFENDANT'S RESPONSE BRIEF re 15 Administrative Record by Defendant Douglas County School District RE-1. (Ross, Robert) (Entered: 04/30/2013)

MINUTE ORDER. Respondent's Motion to Accept Late Filing 23 is GRANTED. The Court accepts the Response filed at 24 . Petitioner has up to and including May 13, 2013 to file a Reply Brief, by Judge John L. Kane on 4/30/13. Text Only Entry.(sgrim) (Entered: 04/30/2013)

BRIEF re 22 Administrative Record - Plaintiffs Opening Brief Reply by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 05/13/2013)

PLAINTIFF'S REPLY BRIEF re 15 Administrative Record by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) Modified on 5/14/2013 to correct text (jjhsl, ). (Entered: 05/14/2013)

CASE REASSIGNED Your AP case is at issue. Pursuant to D.C.COLO.LCivR 40.1 this case is assigned to Judge Lewis T. Babcock. All future pleadings should be designated as 12-cv-02620-LTB. Text Only Entry (mnfsl, ) (Entered: 05/24/2013)

ORDER affirming the Administrative Court Agency Decision, by Judge Lewis T. Babcock on 9/15/2014. (eseam) (Entered: 09/15/2014)

FINAL JUDGMENT in favor of Douglas County School District RE-1 against Endrew F., Jennifer F., and Joseph F. pursuant to 29 Order, by Clerk on 9/15/2014. (eseam) (Entered: 09/15/2014)

NOTICE OF APPEAL as to 29 Order, 30 Clerk's Judgment by Plaintiffs Endrew F., Jennifer F., Joseph F. (Filing fee $ 505, Receipt Number 1082-4085024) (Robinson, Jack) (Entered: 10/09/2014)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 31 Notice of Appeal filed by Joseph F., Jennifer F., Endrew F. to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record)(dkals, ) (Entered: 10/09/2014)

1 Preliminary Record

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USCA Case Number 14-1417 for 31 Notice of Appeal filed by Joseph F., Jennifer F., Endrew F. (dkals, ) (Entered: 10/10/2014)

TRANSCRIPT ORDER FORM by Plaintiffs Endrew F., Jennifer F., Joseph F. Transcript is not necessary re 31 Notice of Appeal. (dkals, ) (Entered: 10/21/2014)

LETTER TO USCA and all counsel certifying the record is complete as to 31 Notice of Appeal filed by Joseph F., Jennifer F., Endrew F. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 14-1417) Text Only Entry (dkals, ) (Entered: 10/21/2014)

VACATED - USCA Judgment as to 31 Notice of Appeal filed by Joseph F., Jennifer F., Endrew F.: the judgment of the district court is affirmed. (USCA Case No. 14-1417) (This document is not the Mandate) (dkals, ) Modified to vacate pursuant to 39 USCA Order on 4/24/2017 (agarc, ). Modified on 4/25/2017 to restrict this document as mandate had been recalled by the U.S. Court of Appeals (agarc, ). (Entered: 08/25/2015)

RECALLED - MANDATE of USCA as to 31 Notice of Appeal filed by Joseph F., Jennifer F., Endrew F. (USCA Case No. 14-1417) (dkals, ) Modified to recall the mandate pursuant to 39 USCA Order on 4/24/2017 (agarc, ). (Entered: 10/02/2015)

Letter from the Tenth Circuit Court of Appeals that the petition for a writ of certiorari is Granted. Assigned Supreme Court Number 15-827 (Appeal Number 14-1417) (evana, ) (Entered: 10/03/2016)

ORDER OF USCA ENTERED: Recalling the mandate as to Notice of Appeal 31 filed by Plaintiff Joseph F., Plaintiff Jennifer F., Plaintiff Endrew F. (Appeal No. 14-1417) (The document attached to the docket entry of the Order has been blocked from access in CM pursuant to this recall of mandate) (agarc, ) (Entered: 04/24/2017)

USCA Order and Judgment as to 31 Notice of Appeal filed by Joseph F., Jennifer F., Endrew F. : (USCA Case No. 14-1417) (This document is not the Mandate) (angar, ) (Entered: 08/02/2017)

MANDATE of USCA as to 31 Notice of Appeal filed by Joseph F., Jennifer F., Endrew F. : (USCA Case No. 14-1417) (angar, ) (Entered: 08/24/2017)

ORDER: Petitioners shall file a brief addressing its claim that Respondent substantively violated the IDEA under the standard now articulated by the Supreme Court in this case by 9/21/2017. Respondent shall file a response brief by 10/5/2017. Petitioners may file a reply brief by 10/19/2017, by Judge Lewis T. Babcock on 8/31/2017. (ebuch) (Entered: 08/31/2017)

NOTICE of Entry of Appearance by William Stuart Stuller on behalf of Douglas County School District RE-1Attorney William Stuart Stuller added to party Douglas County School District RE-1(pty:dft) (Stuller, William) (Entered: 09/05/2017)

Unopposed MOTION for Extension of Time to File Petitioner's Opening Brief by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 09/11/2017)

MINUTE ORDER. Petitioner's Unopposed Motion for Extension of Time to File Opening Brief (Doc 44 - filed September 11, 2017) is GRANTED. Petitioner has up to and including October 5, 2017 to file his Opening Brief. Respondent has up to and including November 2, 2017 to file its Response Brief, and Petitioner has up to and including November 16, 2017 to file a Reply Brief, by Judge Lewis T. Babcock on 09/12/2017. (angar, ) (Entered: 09/12/2017)

BRIEF on Remand by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 10/05/2017)

Third Party MOTION to File Amicus Brief On behalf of Former Officials of the U.S. Department of Education, THe Judge David L. Bazelon Center for Mental Health Law, The National Down Syndrome Congress, the Autistic Self Advocacy Network, The Arc of the United States, and The Arc of Colorado in Support of Petitioner by Amicus Maria R. Coor. (Attachments: # 1 Amicus Curiae Brief of Former Officials of the U.S. Department of Education, The Judge David L. Bazelon Center for Mental Health Law, The National Down Syndrome Congress, the Austistic Self Advocacy Network, The Arc of the United States, and the Arc of Colorado)(Coor, Maria) (Entered: 10/05/2017)

1 Amicus Curiae Brief of Former Officials of the U.S. Department of Education, Th

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MINUTE ORDER. A Motion of Former Officials of the U.S. Department of Education, The Judge David L. Bazelon Center for Mental Health Law, The National Down Syndrome Congress, The Autistic Self Advocacy Network, The ARC of the United States, and the ARC of Colorado, to Participate as Amicus Curiae in Support of Petitioner, Endrew F. (Doc 47 - filed October 5, 2017) has been filed. The parties have up to and including October 27, 2017 to file a response. A reply is due on or before November 13, 2017, by Judge Lewis T. Babcock on 10/06/2017. (angar, ) (Entered: 10/06/2017)

NOTICE of Entry of Appearance by Wendy Jacobs on behalf of Douglas County School District RE-1Attorney Wendy Jacobs added to party Douglas County School District RE-1(pty:dft) (Jacobs, Wendy) (Entered: 10/11/2017)

NOTICE of Entry of Appearance by William Edward Trachman on behalf of Douglas County School District RE-1Attorney William Edward Trachman added to party Douglas County School District RE-1(pty:dft) (Trachman, William) (Entered: 10/11/2017)

BRIEF in Opposition to 47 Third Party MOTION to File Amicus Brief On behalf of Former Officials of the U.S. Department of Education, THe Judge David L. Bazelon Center for Mental Health Law, The National Down Syndrome Congress, the Autistic Self Advocacy Network, The Arc of and Response to Brief filed by Defendant Douglas County School District RE-1. (Attachments: # 1 Exhibit Letter, # 2 Exhibit Appellate Brief, # 3 Exhibit Letter)(Trachman, William) (Entered: 10/27/2017)

1 Exhibit Letter

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2 Exhibit Appellate Brief

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3 Exhibit Letter

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RESPONSE To Petitioners' Brief (Docket No. 46) by Defendant Douglas County School District RE-1. (Attachments: # 1 Petitioners' Appellate Supplemental Reply Brief, # 2 Petitioners' Appellate Supplemental Opening Brief)(Trachman, William) (Entered: 11/02/2017)

1 Petitioners' Appellate Supplemental Reply Brief

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2 Petitioners' Appellate Supplemental Opening Brief

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Unopposed MOTION for Extension of Time to File Petitioner's Reply Brief by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 11/13/2017)

REPLY TO RESPONDENT'S COMBINED PARTIAL OPPOSITION TO MOTION TO PARTICIPATE AS AMICUS CURIAE AND AMICUS BRIEF SUBMITTED THEREWITH by Amicus Maria R. Coor. (Coor, Maria) (Entered: 11/13/2017)

MINUTE ORDER granting 53 Petitioner's Unopposed Motion for Extension of Time to File Reply Brief, up to and including 11/22/2017, by Judge Lewis T. Babcock on 11/14/2017. (ebuch) (Entered: 11/14/2017)

ORDER denying 47 Motion of Former Officials of the U.S. Department of Education, The Judge David L. Bazelon Center for Mental Health Law, The National Down Syndrome Congress, The Autistic Self Advocacy Network, The ARC of the United States, and The ARC of Colorado, To Participate as Amicus Curiae in Support of Petitioner, Endrew F., by Judge Lewis T. Babcock on 11/16/2017. (ebuch) (Entered: 11/16/2017)

REPLY Petitioner's Reply Brief On Remand by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 11/22/2017)

MOTION for Order to Hold Hearing/Oral Argument by Defendant Douglas County School District RE-1. (Jacobs, Wendy) (Entered: 11/28/2017)

RESPONSE to Request for Hearing by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 11/29/2017)

REPLY to Response to 58 MOTION for Order to Hold Hearing/Oral Argument filed by Defendant Douglas County School District RE-1. (Jacobs, Wendy) (Entered: 11/30/2017)

ORDER granting in part 58 Respondent's Opposed Request for Hearing. Oral Argument set for 2/7/2018 09:00 AM in Courtroom C401 before Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 12/5/2017. (ebuch) (Entered: 12/05/2017)

SUPPLEMENT/AMENDMENT Petitioner's Submission of Supplemental Authority by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Attachments: # 1 Exhibit)(Robinson, Jack) (Entered: 12/07/2017)

1 Exhibit

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First MOTION to Withdraw As Attorneys of Record by Defendant Douglas County School District RE-1. (Trachman, William) (Entered: 12/15/2017)

MINUTE ORDER granting 63 Motion to Withdraw as Attorneys of Record. William E. Trachman and Robert Sherman Ross are allowed to withdraw as counsel for Respondent herein, by Judge Lewis T. Babcock on 12/18/2017. (ebuch) (Entered: 12/18/2017)

COURTROOM MINUTES for Oral Argument Hearing held before Judge Lewis T. Babcock on 2/7/2018. This matter is taken under advisement. A written order shall issue. Court Reporter: Julie Thomas. (ebuch) (Entered: 02/07/2018)

MEMORANDUM OPINION AND ORDER reversing the Administrative Court Agency Decision denying Petitioner and his parents' request for reimbursement of his tuition and transportation costs to attend school at Firefly. It is ordered that Petitioner and his parents are entitled to reimbursement of their private school placement from the District as well as reasonable attorneys' fees and litigation costs, by Judge Lewis T. Babcock on 2/12/2018. (ebuch) (Entered: 02/12/2018)

ORDER of Reference to United States Magistrate Judge Michael E. Hegarty, by Judge Lewis T. Babcock on 2/13/2018. (angar, ) (Entered: 02/13/2018)

MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 02/14/2018. Pursuant to the Order of Reference filed by the Honorable Lewis T. Babcock on 2/13/2018 [ECF No. 67], counsel for the parties shall first teleconference together, then call my Chambers at (303) 844-4507 if they wish to schedule a settlement conference in this case. (mdave, ) (Entered: 02/14/2018)

Unopposed MOTION for Extension of Time to File Brief and Accounting of Monetary Award by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 02/20/2018)

MINUTE ORDER granting 69 Petitioner's Unopposed Motion for Extension of Time to File Brief and Accounting of Monetary Award, up to and including April 6, 2018, by Judge Lewis T. Babcock on 2/21/2018. (ebuch) (Entered: 02/21/2018)

NOTICE OF APPEAL as to 66 Memorandum & Opinion, by Defendant Douglas County School District RE-1 (Filing fee $ 505, Receipt Number 1082-5993237) (Jacobs, Wendy) (Entered: 03/14/2018)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 71 Notice of Appeal filed by Douglas County School District RE-1 to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record)(angar, ) (angar, ). Modified on 3/15/2018 to correct document (angar, ). (Entered: 03/15/2018)

1 Preliminary Record

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USCA Case Number 18-1089 for 71 Notice of Appeal filed by Douglas County School District RE-1. (angar, ) (Entered: 03/16/2018)

Unopposed MOTION for Extension of Time to File Brief and Accounting of Monetary Award by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 04/02/2018)

MINUTE ORDER granting 74 Petitioner's Unopposed Motion for Further Extension of Time to File Brief and Accounting of Monetary Award, by Judge Lewis T. Babcock on 4/3/2018. (ebuch) (Entered: 04/03/2018)

ORDER of USCA as to 71 Notice of Appeal filed by Douglas County School District RE-1. "Because the district court has not yet entered a final decision in this matter, this court lacks jurisdiction to consider this appeal. Endrew F.s motion to dismiss is granted and this appeal is DISMISSED" (USCA Case No. 18-1089) (angar, ) (Entered: 04/06/2018)

NOTICE of Settlement by Plaintiffs Endrew F., Jennifer F., Joseph F. (Robinson, Jack) (Entered: 04/19/2018)

STIPULATION FOR DISMISSAL WITH PREJUDICE by Plaintiffs Endrew F., Jennifer F., Joseph F.. (Robinson, Jack) (Entered: 05/07/2018)

ORDER: Pursuant to the Stipulation for Dismissal With Prejudice 78, this matter shall be dismissed with prejudice, each party to pay their own fees and costs, by Judge Lewis T. Babcock on 5/8/2018. (ebuch) (Entered: 05/08/2018)