Case: Jacobs v. Salt Lake City School District

Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) (Entered: 12/01/2021)

COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4178309) filed by Kristin Jacobs, Amanda Sandy, Disability Law Center. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit PowerPoint, # 3 Errata PowerPoint 2) Assigned to Judge Jill N. Parrish (Henrie, Laura) (Entered: 12/01/2021)

1 Civil Cover Sheet Civil Cover Sheet

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2 Exhibit PowerPoint

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3 Errata PowerPoint 2

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CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 12/6/21. (ss) (Entered: 12/06/2021)

NOTICE OF ACKNOWLEDGMENT of Civil Standing Order 3 filed by Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy (Henrie, Laura) (Entered: 12/13/2021)

ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 12/13/21. (ss) (Entered: 12/13/2021)

Order Referring Case to Magistrate Judge

WAIVER OF SERVICE Returned Executed filed by Kristin Jacobs, Amanda Sandy, Disability Law Center as to Salt Lake City School District Waiver sent on 2/24/2022, answer due 4/25/2022. (Henrie, Laura) (Entered: 02/28/2022)

WAIVER OF SERVICE Returned Executed filed by Kristin Jacobs, Amanda Sandy, Disability Law Center as to Timothy Gadson Waiver sent on 2/24/2022, answer due 4/25/2022. (Henrie, Laura) (Entered: 02/28/2022)

WAIVER OF SERVICE Returned Executed filed by Kristin Jacobs, Amanda Sandy, Disability Law Center as to Nicole Suchey Waiver sent on 2/24/2022, answer due 4/25/2022. (Henrie, Laura) (Entered: 02/28/2022)

WAIVER OF SERVICE Returned Executed filed by Kristin Jacobs, Amanda Sandy, Disability Law Center as to Salt Lake City School District Board of Education Waiver sent on 2/24/2022, answer due 4/25/2022. (Henrie, Laura) (Entered: 02/28/2022)

NOTICE of Voluntary Dismissal of Nicole Suchey filed by Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy (Henrie, Laura) (Entered: 03/15/2022)

NOTICE of Voluntary Dismissal of Timothy Gadson filed by Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy (Henrie, Laura) (Entered: 03/15/2022)

ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Cecilia M. Romero on 3/16/22. (alf) (Entered: 03/16/2022)

NOTICE of Appearance by Joan M. Andrews on behalf of Salt Lake City School District, Salt Lake City School District Board of Education (Andrews, Joan) (Entered: 03/18/2022)

NOTICE of Appearance by Matthew S. Brahana on behalf of Salt Lake City School District, Salt Lake City School District Board of Education (Brahana, Matthew) (Entered: 03/18/2022)

NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Defendants Salt Lake City School District, Salt Lake City School District Board of Education (Andrews, Joan) (Entered: 03/18/2022)

Joint MOTION for Extension of Time to file Attorneys Planning Meeting Report and Memorandum in Support filed by Defendant Salt Lake City School District. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Brahana, Matthew) (Entered: 04/15/2022)

ORDER granting Joint 16 Motion for Extension of Time/Deadline to File Attorney Planning Meeting Report. The deadline for the Parties to file the Attorney Planning Meeting Report shall be fourteen (14) days after the Defendants file their Answer to the Complaint. Signed by Magistrate Judge Cecilia M. Romero on 4/18/22. (jrj) (Entered: 04/18/2022)

Stipulated MOTION for Leave to File Excess Pages re Motion to Dismiss filed by Defendant Salt Lake City School District. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Brahana, Matthew) (Entered: 04/22/2022)

Defendant's MOTION for Leave to File Sealed Document Exs. 1 and 3 to Declaration of K. Kindl filed by Defendant Salt Lake City School District. (Attachments: # 1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Brahana, Matthew) (Entered: 04/25/2022)

DOCKET TEXT ORDER granting 18 Motion for Leave to File Excess Pages. Defendants may file a Motion to Dismiss that includes up to 45 pages (not counting face sheet, table of contents, table of authorities, signature block, certificate of service, appendix, or exhibits). Signed by Judge Jill N. Parrish on 4/25/22. (ksb) (Entered: 04/25/2022)

Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Salt Lake City School District. (Attachments: # 1 Exhibit A - Declaration of Kristina Kindl)(Brahana, Matthew) (Entered: 04/25/2022)

Order on Motion for Leave to File Excess Pages

EXHIBITS to Exhibit A filed by Salt Lake City School District re 21 Defendant's MOTION to Dismiss and Memorandum in Support . (Brahana, Matthew) Modified on 4/26/2022 to add text re: Exhibit A (alf). (Entered: 04/26/2022)

Modification of Docket: 22 Filing is Exhibits to Exhibit A in Motion 21 . (alf) (Entered: 04/26/2022)

ORDER granting 19 Motion for Leave to File Sealed Document Exhibits 1 and 3 to the Declaration of Kristina Kindl [21-1]. Signed by Magistrate Judge Cecilia M. Romero on 4/26/22. (alf) (Entered: 04/26/2022)

**SEALED DOCUMENT** re 21 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Salt Lake City School DistrictNOTE: Filer is instructed to serve the sealed document on all other parties.. (Brahana, Matthew) (Entered: 04/26/2022)

**SEALED DOCUMENT** re 21 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Salt Lake City School DistrictNOTE: Filer is instructed to serve the sealed document on all other parties.. (Brahana, Matthew) (Entered: 04/26/2022)

AMENDED COMPLAINT against Salt Lake City School District, Salt Lake City School District Board of Education with Jury Demand. filed by Kristin Jacobs, Amanda Sandy, Disability Law Center. (Attachments: # 1 Exhibit PowerPoint Special Education Service Patterns, # 2 Exhibit PowerPoint Special Education Update) (Henrie, Laura) (Entered: 05/16/2022)

1 Exhibit PowerPoint Special Education Service Patterns

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2 Exhibit PowerPoint Special Education Update

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MOTION for Leave to File MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT; STIPULATED MOTION TO DENY WITHOUT PREJUDICE DEFENDANTS MOTION TO DISMISS: AND FOR EXTENSION OF TIME filed by Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Henrie, Laura) (Entered: 05/23/2022)

ORDER denying without prejudice 21 Motion to Dismiss ; granting 28 Motion for Leave to File a Motion to Dismiss; motion for extension of time to file an Answer is granted - Defendants must answer or respond to the Amended Complaint on or before June 13, 2022. Signed by Magistrate Judge Cecilia M. Romero Judge Jill N. Parrish on 5/24/22. (alf) Modified on 5/24/2022 to correct judge (alf). (Entered: 05/24/2022)

ANSWER DEADLINE UPDATED for All Defendants to 6/13/2022. (alf)

Stipulated MOTION for Leave to File Excess Pages Re Motion to Dismiss Amended Complaint filed by Defendants Salt Lake City School District, Salt Lake City School District Board of Education. (Attachments: # 1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Brahana, Matthew) (Entered: 06/10/2022)

DOCKET TEXT ORDER granting 30 Motion for Leave to File Excess Pages. Defendants may file a Motion to Dismiss that includes up to 40 pages (not counting face sheet, table of contents, table of authorities, signature block, certificate of service, appendix, or exhibits). Signed by Judge Jill N. Parrish on 6/10/22. No attached document. (ksb) (Entered: 06/10/2022)

Order on Motion for Leave to File Excess Pages

Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Amended Complaint filed by Defendants Salt Lake City School District, Salt Lake City School District Board of Education. (Brahana, Matthew) (Entered: 06/13/2022)

NOTICE OF ADR, e-mailed or mailed to Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy, Defendants Salt Lake City School District, Salt Lake City School District Board of Education. (alf) (Entered: 06/14/2022)

Stipulated MOTION for Extension of Time to file Response/Reply To Respond to Defendants' 32 Rule 12(b)(1) and 12(b)(6) Motion to Dismiss the Amended Complaint and for Leave to File Overlength Response filed by Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy. (Attachments: # 1 Text of Proposed Order (PROPOSED) ORDER GRANTING EXTENSION OF TIME TO RESPOND TO DEFENDANTS RULE 12(b)(1) and 12(b)(6) MOTION TO DISMISS THE AMENDED COMPLAINT AND FOR LEAVE TO FILE OVERLENGTH RESPONSE) Motions referred to Cecilia M. Romero.(Cox, Katie) Modified by linking to motion on 6/27/2022 (jl). Modified on 6/28/2022 to correct event type (alf). (Entered: 06/24/2022)

Modification of Docket re 34 MOTION: Error: The document should have been filed as a "Motion for Extension to file Response/Reply" and linked to the correct motion; Filer should have also chosen "for leave to file" and texted in "overlength memo". When filing a motion where more than one action is requested, please choose all available events. Correction: Event type corrected, docket text modified to correct filing. No further action is needed. Please note for future reference. (alf) (Entered: 06/28/2022)

ORDER granting 34 Motion for Extension of Time to File Response/Reply re 32 Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Amended Complaint. Response due by 7/20/2022. Motion to file Overlength Memo granted. See order. Signed by Magistrate Judge Cecilia M. Romero on 6/27/22. (alf) (Entered: 06/28/2022)

Plaintiff's MEMORANDUM in Opposition re 32 Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Amended Complaint filed by Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy. (Henrie, Laura) (Entered: 07/20/2022)

Stipulated MOTION for Extension of Time to File Reply Memorandum In Support of 32 Motion to Dismiss Amended Complaint and Memorandum in Support filed by Defendants Salt Lake City School District, Salt Lake City School District Board of Education. (Attachments: # 1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Brahana, Matthew) Modified by correcting event and linking to Motion on 8/3/2022 (mh). (Entered: 08/02/2022)

Modification of Docket: Error: Incorrect event chosen. Correction: Changed to correct event "MOTION for Extension of Time to File Response/Reply" and linking to the Motion to Dismiss re 38 MOTION for Extension of Time. (mh) (Entered: 08/03/2022)

DOCKET TEXT ORDER granting 38 Motion for Extension of Time to File Reply re 32 Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Amended Complaint. Reply due by 8/11/2022. Signed by Judge Jill N. Parrish on 8/3/22. (ksb) (Entered: 08/03/2022)

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

Stipulated MOTION for Leave to File Excess Pages to Reply Memorandum in Support of Motion to Dismiss Amended Complaint filed by Defendants Salt Lake City School District, Salt Lake City School District Board of Education. (Attachments: # 1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Brahana, Matthew) (Entered: 08/11/2022)

DOCKET TEXT ORDER granting 41 Motion for Leave to File Excess Pages. Defendants may file a reply memorandum that includes up to 16 pages (not counting face sheet, table of contents, table of authorities, signature block, certificate of service, appendix, or exhibits). Signed by Judge Jill N. Parrish on 8/11/22. (ksb) (Entered: 08/11/2022)

Defendant's REPLY to Response to Motion re 32 Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Amended Complaint filed by Defendants Salt Lake City School District, Salt Lake City School District Board of Education. (Brahana, Matthew) (Entered: 08/11/2022)

Order on Motion for Leave to File Excess Pages

NOTICE OF HEARING ON MOTION re: 32 Defendant's MOTION to Dismiss to Dismiss the Amended Complaint : (Notice generated by JNP Chambers) Motion Hearing set for 3/24/2023 at 02:30 PM VIA ZOOM before Judge Jill N. Parrish. (lwh) (Entered: 03/03/2023)

Stipulated MOTION to Continue Hearing filed by Plaintiffs Disability Law Center, Kristin Jacobs, Amanda Sandy. (Attachments: # 1 Text of Proposed Order GRANTING STIPULATED MOTION FOR CONTINUANCE OF HEARING) Motions referred to Cecilia M. Romero.(Henrie, Laura) (Entered: 03/10/2023)

AMENDED NOTICE OF HEARING ON MOTION re: 32 Defendant's MOTION to Dismiss the Amended Complaint : (Notice generated by JNP Chambers) Motion Hearing reset for 3/29/2023 at 09:00 AM VIA ZOOM before Judge Jill N. Parrish. (lwh) (Entered: 03/14/2023)

Order on Motion to Continue

DOCKET TEXT ORDER finding as moot 45 Motion to Continue Hearing. Signed by Judge Jill N. Parrish on 3/14/23. (ksb) (Entered: 03/14/2023)

NOTICE OF WITHDRAWAL OF COUNSEL of Nathaniel J. Crippes filed by Nathaniel J. Crippes on behalf of Disability Law Center, Kristin Jacobs, Amanda Sandy (Crippes, Nathaniel) (Entered: 03/15/2023)

Minute Entry for proceedings held before Judge Jill N. Parrish: Motion Hearing held on 3/29/2023 re 32 Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Amended Complaint filed by Salt Lake City School District Board of Education, Salt Lake City School District. Counsel and court appeared by videoconference. Discussion and argument heard on the motion. The court took the motion under advisement and will issue a written decision. Court was adjourned. Attorney for Plaintiff: Katie Cox, Maya Anderson, Michelle Marquis, Laura Henrie, Attorney for Defendant: Matthew Brahana, Joan Andrews. Court Reporter: Patti Walker.(tcs) (Entered: 03/29/2023)

MEMORANDUM DECISION AND ORDER granting 32 Motion to Dismiss: The court dismisses the plaintiffs' Section 504 claim without prejudice for failure to exhaust administrative remedies. The court dismisses the plaintiffs' IDEA and ADA claims for failure to state a claim upon which relief can be granted. Signed by Judge Jill N. Parrish on 3/31/23. (dle)

JUDGMENT: IT IS ORDERED AND ADJUDGED that the plaintiffs' action is dismissed. Case Closed. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge Jill N. Parrish on 3/31/23. (dle) (Entered: 03/31/2023)

NOTICE OF APPEAL as to 51 Judgment, 50 Order on Motion to Dismiss,, Memorandum Decision, filed by Disability Law Center, Kristin Jacobs, Amanda Sandy. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number AUTDC-4662346. (Henrie, Laura) (Entered: 04/28/2023)

Transmission of Preliminary Record to 10CCA re 52 Notice of Appeal (Attachments: # 1 Appendix) (alt) (Entered: 04/28/2023)

USCA Case Number Case Appealed to Tenth Circuit Case Number 23-4058 for 52 Notice of Appeal, filed by Amanda Sandy, Kristin Jacobs, Disability Law Center. A transcript order form or notice that no transcript is necessary per 10th Cir. R. 10.2. This form must be filed in both the district court and this court. See letter for additional information. (mh) (Entered: 05/01/2023)

TRANSCRIPT REQUEST FORM filed by Disability Law Center, Kristin Jacobs, Amanda Sandy for proceedings held on March 29, 2023 before Judge Parrish, re 52 Notice of Appeal, (Henrie, Laura) (Entered: 05/12/2023)

**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Defendant's Motion to Dismiss held on 3/29/23 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (385) 215-5889. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 it may be obtained through PACER. Redaction Request due 6/2/2023. Redacted Transcript Deadline set for 6/23/2023. Release of Transcript Restriction set for 8/10/2023. (dle) (Entered: 05/12/2023)

Transcript Purchased by: Katie Cox re 56 transcript(s) of 3/29/23. (dle) (Entered: 05/12/2023)

Please be advised the Record is complete for purposes of appeal for USCA case number 23-4058 re 52 Notice of Appeal. (dle) (Entered: 05/31/2023)