Case: K.C. for M.D. v. Regional School Unit 73

M.L.D v. Regional School Unit No. 73

COMPLAINT against REGIONAL SCHOOL UNIT NO 73 with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES, KC. (Service of Process Deadline 5/6/2021) Fee due by 2/8/2021.(bfa) (Entered: 02/05/2021)

CIVIL COVER SHEET. (bfa) (Entered: 02/05/2021)

MOTION to Proceed Under Aliases by KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES (bfa) (Entered: 02/05/2021)

(Document sealed from public view) SEALED MOTION by KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Declaration Identifying True Names)(bfa) (Entered: 02/05/2021)

Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2436898.), filed by KC.(JONES, BENJAMIN)

Summons Issued as to REGIONAL SCHOOL UNIT NO 73. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) (Entered: 02/05/2021)

NOTICE of Appearance by BENJAMIN Y. JONES on behalf of All Plaintiffs (JONES, BENJAMIN) (Entered: 02/05/2021)

ORDER granting 3 Motion to proceed by aliases; granting 4 Sealed Motion to seal true names, ECF No. 4-1. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/05/2021)

Order on Sealed Motion AND Order on Motion for Miscellaneous Relief 1

WAIVER OF SERVICE Returned Executed REGIONAL SCHOOL UNIT NO 73 waiver sent on 2/8/2021. (JONES, BENJAMIN) (Entered: 03/23/2021)

Set Answer Deadline for REGIONAL SCHOOL UNIT NO 73 : Answer due by 4/9/2021. (meh)

Defendant's ANSWER to 1 Complaint,,, COUNTERCLAIM against KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES by REGIONAL SCHOOL UNIT NO 73.(HERLAN, ERIC) (Entered: 04/08/2021)

NOTICE of Appearance by JEANA M. MCCORMICK on behalf of REGIONAL SCHOOL UNIT NO 73 (MCCORMICK, JEANA) (Entered: 04/08/2021)

Reply to Answer to Complaint, Counterclaim 9 Response to Counterclaim by KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (JONES, BENJAMIN) (Entered: 04/28/2021)

NOTICE of Hearing: Telephone Conference re Scheduling set for 5/10/2021 12:30 PM with MAGISTRATE JUDGE JOHN H. RICH III. Participants will receive a separate notice regarding call-in information. (nrg) (Entered: 05/05/2021)

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Hearing held on 5/10/2021 per L.R. 16.3(e); order to follow. (Court Reporter: Dennis Ford) (RICH III, JOHN) (Entered: 05/10/2021)

Scheduling Order-IDEA Cases (The briefing schedule shall be set in accordance with the attached Order) Administrative Record due by 7/9/2021. Any motion to supplement the record due by 8/13/2021. By MAGISTRATE JUDGE JOHN H. RICH III. (mlm) (Entered: 05/10/2021)

IDEA ADMINISTRATIVE RECORD filed under seal by the Department of Education (This document was filed in paper; no document attached). (clp) (Entered: 07/12/2021)

SUPPLEMENTAL IDEA ADMINISTRATIVE RECORD filed by Maine Department of Education under seal (This document was filed in paper; no document attached). (mmm) (Entered: 08/16/2021)

Set Deadlines Per Scheduling Order #14: Plaintiff's Brief due by 9/13/2021. Defendant's Brief due by 10/13/2021. Plaintiff's Reply due by 10/27/2021. Defendant's Surreply due by 11/10/2021. (mlm)

NOTICE of Appearance by RACHEL W. SEARS on behalf of REGIONAL SCHOOL UNIT NO 73 (SEARS, RACHEL) (Entered: 08/23/2021)

BRIEF by KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1)(JONES, BENJAMIN) Modified on 9/13/2021 to remove duplicate attachment text(mmm). (Entered: 09/13/2021)

BRIEF re 18 Brief by REGIONAL SCHOOL UNIT NO 73. (HERLAN, ERIC) (Entered: 10/13/2021)

BRIEF re 19 Brief Pl./Countercl. Def. Reply Memo of Law by KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (JONES, BENJAMIN) (Entered: 10/27/2021)

BRIEF re 20 Brief Surreply by REGIONAL SCHOOL UNIT NO 73. (HERLAN, ERIC) (Entered: 11/10/2021)

Unopposed MOTION for Oral Argument/Hearing by REGIONAL SCHOOL UNIT NO 73 Responses due by 12/1/2021. (HERLAN, ERIC) Modified on 11/15/2021 to remove Motion for New Trial (mmy). (Entered: 11/10/2021)

NOTICE OF ORAL ARGUMENTS Counsel are reminded of Amended General Order 2021-6 regarding Masks, Courthouse Entrance Protocols, Social Distancing and Testing of Unmasked Speakers. Participants wishing to be tested for an unmasked speaking role will report to the Clerks Office preferably one hour prior to the scheduled hearing. Motion Hearing set for 5/6/2022 01:00 PM in Portland Courtroom 1 before JUDGE LANCE E. WALKER. (CJD) (Entered: 03/03/2022)

Case Referral Reassigned to MAGISTRATE JUDGE KAREN FRINK WOLF. MAGISTRATE JUDGE JOHN H. RICH III no longer assigned to the case. (jwr)

NOTICE OF CANCELLED HEARING - The Oral Argument scheduled 5/6/2022 at 1:00PM before Judge Lance E. Walker is cancelled and will be rescheduled. (mmy) (Entered: 05/05/2022)

NOTICE OF RESCHEDULED ORAL ARGUMENTS Counsel should review Amended General Order 2021-6 regarding Masks, Courthouse Entrance Protocols, Social Distancing and Testing. Motion Hearing set for 6/10/2022 01:00 PM in Portland Courtroom 1 before JUDGE LANCE E. WALKER. (CJD) (Entered: 05/05/2022)

Minute Entry for proceedings held before JUDGE LANCE E. WALKER: Oral Argument held. (Court Reporter: Lori Dunbar) (lrt) (Entered: 06/10/2022)

ORDER ON MOTIONS FOR JUDGMENT ON ADMINISTRATIVE RECORD re 15 IDEA ADMINISTRATIVE RECORD filed under seal (This document was filed in paper; no document attached), 16 IDEA ADMINISTRATIVE RECORD filed under seal (This document was filed in paper; no document attached) By JUDGE LANCE E. WALKER. (CJD) (Entered: 07/14/2022)

Unopposed MOTION to Substitute Party by KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES Responses due by 8/15/2022. (JONES, BENJAMIN) (Entered: 07/25/2022)

ORDER granting 28 Motion to Substitute Party. WAYNE DOANE ESQ (as Guardian Ad Litem for MLD) substituted for KC (as foster parent and educational surrogate of MLD). By MAGISTRATE JUDGE KAREN FRINK WOLF. (mmy) (Entered: 07/25/2022)

Order on Motion to Substitute Party

NOTICE OF INTERLOCUTORY APPEAL as to 27 Order, by WAYNE DOANE ESQ, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES . ( Filing fee $ 505 receipt number AMEDC-2686013.) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at http://www.med.uscourts.gov/forms/ MUST be completed and submitted to the Court of Appeals. Counsel should also register for a First Circuit CM/ECF Appellate Filer Account at https://pacer.psc.uscourts.gov/pscof/regWizard.jsf and review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf (REILLY, ATLEE) Modified on 8/10/2022 to add "interlocutory" (mlm). (Entered: 08/10/2022)

COPIES of Notice of Appeal Sent to Counsel Re: 30 Notice of Appeal, filed by WAYNE DOANE ESQ, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (bfa)

APPEAL COVER SHEET Re: 30 Notice of Appeal (bfa) (Entered: 08/11/2022)

CLERK'S CERTIFICATE Re: 30 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (bfa) (Entered: 08/11/2022)

Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re 30 Notice of Appeal (bfa)

USCA Case Number 22-1635 for 30 Notice of Appeal filed by WAYNE DOANE ESQ, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (mlm) (Entered: 08/12/2022)

NOTICE OF INTERLOCUTORY APPEAL by REGIONAL SCHOOL UNIT NO 73 . ( Filing fee $ 505 receipt number AMEDC-2690710.) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at http://www.med.uscourts.gov/forms/ MUST be completed and submitted to the Court of Appeals. Counsel should also register for a First Circuit CM/ECF Appellate Filer Account at https://pacer.psc.uscourts.gov/pscof/regWizard.jsf and review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf (HERLAN, ERIC) Modified on 8/22/2022 to add "interlocutory" (mmy). (Entered: 08/22/2022)

COPIES of Notice of Appeal Sent to Counsel Re: 34 Notice of Appeal, filed by REGIONAL SCHOOL UNIT NO 73. (bfa)

APPEAL COVER SHEET Re: 34 Notice of Appeal (bfa) (Entered: 08/22/2022)

CLERK'S CERTIFICATE Re: 34 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (bfa) (Entered: 08/22/2022)

Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re 34 Notice of Appeal (bfa)

USCA Case Number 22-1658 for 34 Notice of Appeal, filed by REGIONAL SCHOOL UNIT NO 73. (bfa) (Entered: 08/22/2022)

JUDGMENT of USCA re 30 Notice of Appeal, 34 Notice of Appeal (mmy) (Entered: 12/07/2022)

MANDATE of USCA as to 30 Notice of Appeal filed by WAYNE DOANE ESQ, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES, 34 Notice of Appeal filed by REGIONAL SCHOOL UNIT NO 73 (mmy) (Entered: 12/07/2022)

Unopposed MOTION to Stay Proceedings pending completion of a judicial settlement conference by WAYNE DOANE ESQ, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES Responses due by 12/30/2022. (REILLY, ATLEE) (Entered: 12/09/2022)

ORDER granting 40 Motion to Stay Proceedings By MAGISTRATE JUDGE KAREN FRINK WOLF. (mmy) (Entered: 12/09/2022)

Order on Motion to Stay

ORDER Setting Video Settlement Conference for 1/18/2023 at 8:30 AM before MAGISTRATE JUDGE JOHN C. NIVISON. In Camera Settlement Papers due by 1/11/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 12/12/2022)

Appeal Record Returned re 30 Notice of Appeal & 34 Notice of Appeal. (mnd)

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Settlement Conference held. Settlement achieved. (Court Reporter: No court reporter present) (MFS) (Entered: 01/18/2023)

NOTICE of Settlement by Parties and PROCEDURAL ORDER RE: SETTLEMENT: A settlement conference having been held this date and counsel having advised the Court on 1/18/2023 that settlement has been effected by mutual agreement of the parties herein, it is hereby ORDERED that counsel shall complete the settlement of this matter within sixty (60) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs, failing which, the case will be dismissed pursuant to Local Rule 41.1(a).( Stipulation of Dismissal due by 3/20/2023.) By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/18/2023)

Notice of Settlement and Procedural Order Re: Settlement

STIPULATION of Dismissal (Joint) by WAYNE DOANE ESQ, KC, MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (JONES, BENJAMIN) (Entered: 03/16/2023)

ADMINISTRATIVE RECORD Disposed of at the parties request (mjlt) (Entered: 05/06/2025)