Case: In the Matter of Osseo Area Schools, Independent School District No. 279 v. M.N.B.

COMPLAINT against M.N.B. ( Filing fee $ 400 receipt number AMNDC-5560639.) filed by Osseo Area Schools, Independent School District No. 279. No summons requested. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Civil Cover Sheet) (Schreifels, Roseann) Modified text on 6/16/2017 (lmb). (Entered: 06/15/2017)

1 Exhibit(s)

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2 Exhibit(s)

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3 Civil Cover Sheet

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TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge David S. Doty per Civil Rights All Other List and referred to Magistrate Judge Hildy Bowbeer. Please use case number 17-cv-2068 (DSD/HB). (MMP) (Entered: 06/15/2017)

TEXT ONLY NOTICE: Magistrate Judge Hildy Bowbeer's Practice Pointers, which have recently been revised, are available on the United States District Court for the District of Minnesota's website (www.mnd.uscourts.gov). All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from the Local Rules.(JMK) (Entered: 06/16/2017)

NOTICE of Appearance by Daniel J Stewart on behalf of M.N.B.. (Stewart, Daniel) (Entered: 06/20/2017)

NOTICE of Appearance by Maren Hulden on behalf of M.N.B.. (Hulden, Maren) (Entered: 06/20/2017)

WAIVER OF SERVICE Returned Executed filed by Osseo Area Schools, Independent School District No. 279. M.N.B. waiver sent on 6/15/2017, answer due 8/14/2017. (Schreifels, Roseann) (Entered: 06/23/2017)

ORDER Regarding Dispositive Motion Procedure. Signed by Senior Judge David S. Doty on 6/26/2017. (CLB) (Entered: 06/26/2017)

ORDER of Reassignment of Related Cases that 17-cv-2765 SRN/BRT has been reassigned to Judge David S. Doty and Magistrate Judge Hildy Bowbeer. Signed by Senior Judge David S. Doty and Judge Susan Richard Nelson on 7/19/2017. (MMP) (Entered: 07/20/2017)

PROPOSED ORDER TO JUDGE re 9 Stipulation. (Stewart, Daniel) (Entered: 08/04/2017)

STIPULATION regarding Plaintiff's Amended Complaint by M.N.B.. Jointly Signed by Plaintiff. (Stewart, Daniel) (Entered: 08/04/2017)

ORDER ON STIPULATION REGARDING PLAINTIFF'S AMENDED COMPLAINT: 1. Plaintiff shall file its Amended Complaint on or before August 15, 2017; 2. Defendants shall answer or otherwise respond to the Amended Complaint on or before August 29, 2017; and 3. If Plaintiff does not file an Amended Complaint by August 15, 2017, Defendants shall answer or otherwise respond to the initial Complaint on or before August 29, 2017. Signed by Magistrate Judge Hildy Bowbeer on 8/7/2017. (MMP) (Entered: 08/07/2017)

DOCUMENT FILED IN ERROR: REFILED. AMENDED COMPLAINT against M.N.B.. filed by Osseo Area Schools, Independent School District No. 279. No summons requested. (Booth, Laura) Modified on 8/15/2017 (kt). (Entered: 08/15/2017)

AMENDED COMPLAINT against M.N.B. filed by Osseo Area Schools, Independent School District No. 279. No summons requested. (Booth, Laura) Modified text on 8/16/2017 (ACH). (Entered: 08/15/2017)

MOTION to Dismiss for Lack of Jurisdiction filed by M.N.B.. (Stewart, Daniel) (Entered: 08/29/2017)

NOTICE OF HEARING ON MOTION 14 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 10/16/2017 10:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Stewart, Daniel) (Entered: 08/29/2017)

MEMORANDUM in Support re 14 MOTION to Dismiss for Lack of Jurisdiction filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Stewart, Daniel) (Entered: 08/29/2017)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Declaration of Daniel Stewart in Support of 14 MOTION to Dismiss for Lack of Jurisdiction filed by M.N.B.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Stewart, Daniel) (Entered: 08/29/2017)

MEET and CONFER STATEMENT re 14 Motion to Dismiss/Lack of Jurisdiction filed by M.N.B..(Stewart, Daniel) (Entered: 08/29/2017)

PROPOSED ORDER TO JUDGE re 14 Motion to Dismiss/Lack of Jurisdiction. (Stewart, Daniel) (Entered: 08/29/2017)

ORDER that this matter was commenced on June 15, 2017 when Plaintiff filed the complaint. An amended complaint was filed on August 15, 2017 (ECF No. 13 ). On August 29, 2017, Defendants filed a Rule 12 (b)(1) Motion to Dismiss the Complaint (ECF No. 14 ), alleging lack of subject matter jurisdiction. The motion is scheduled to be heard by District Judge David S. Doty on October 16, 2017. Due to the Motion to Dismiss (ECF No. 14), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Signed by Magistrate Judge Hildy Bowbeer on 8/31/2017. (MMP) (Entered: 08/31/2017)

MEMORANDUM in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Osseo Area Schools, Independent School District No. 279. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schreifels, Roseann) (Entered: 09/19/2017)

AFFIDAVIT of Roseann T. Schreifels in OPPOSITION TO 14 MOTION to Dismiss for Lack of Jurisdiction filed by Osseo Area Schools, Independent School District No. 279. (Attachments: # 1 Exhibit(s) 1)(Schreifels, Roseann) (Entered: 09/19/2017)

NOTICE OF AND ORDER FOR PRETRIAL CONFERENCE: Pretrial Conference set for 10/18/2017 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 9/25/2017. (Attachments: # 1 Consent Form)(MMP) (Entered: 09/25/2017)

SECOND AMENDED COMPLAINT AND APPEAL OF HEARING OFFICER DECISION PURSUANT TO 20 U.S.C. § 1415(i)(2) against M.N.B., filed by Osseo Area Schools, Independent School District No. 279. No summons requested. (Booth, Laura) Modified text on 10/2/2017 (lmb). (Entered: 09/28/2017)

Letter re: withdrawal of motion re 14 MOTION to Dismiss for Lack of Jurisdiction from Daniel J. Stewart. (Stewart, Daniel) (Entered: 10/05/2017)

REPORT of Rule 26(f) Planning Meeting. Filed by Osseo Area Schools, Independent School District No. 279. Jointly Signed by M.N.B. by and through her Parent, J.B..(Booth, Laura) (Entered: 10/11/2017)

ANSWER to Amended Complaint filed by M.N.B.. (Stewart, Daniel) (Entered: 10/12/2017)

SEALED Record Index and Part One of Administrative Record by Minnesota Department of Education. (Casserly, Martha) (Entered: 10/12/2017)

SEALED Administrative Record Part Two re 28 Sealed Document by Minnesota Department of Education. (Casserly, Martha) (Entered: 10/12/2017)

SEALED Administrative Record Part Three re 28 Sealed Document, 29 Sealed Document by Minnesota Department of Education. (Casserly, Martha) (Entered: 10/12/2017)

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Rule 16 Discovery Conference held on 10/18/2017. Pretrial Scheduling Order will be issued. (MMP) (Entered: 10/19/2017)

PRETRIAL SCHEDULING ORDER:Telephone Status Conference set for 1/4/2018 08:30 AM before Magistrate Judge Hildy Bowbeer. Discovery due by 1/2/2018. Signed by Magistrate Judge Hildy Bowbeer on 10/20/2017. (MMP) (Entered: 10/20/2017)

WITHDRAWN PER 41 ORDER DATED 12/21/2017 - MOTION to Alter/Amend/Correct Other Orders 32 Scheduling Order filed by M.N.B. (Stewart, Daniel) Modified text on 12/26/2017 (MMP). (Entered: 12/18/2017)

NOTICE OF HEARING ON MOTION 33 MOTION to Alter/Amend/Correct Other Orders 32 Scheduling Order : Motion Hearing set for 1/9/2018 01:30 PM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Stewart, Daniel) (Entered: 12/18/2017)

MEMORANDUM in Support re 33 MOTION to Alter/Amend/Correct Other Orders 32 Scheduling Order filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Stewart, Daniel) (Entered: 12/18/2017)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Declaration of Daniel Stewart in Support of 33 MOTION to Alter/Amend/Correct Other Orders 32 Scheduling Order filed by M.N.B.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(Stewart, Daniel) (Entered: 12/18/2017)

MEET and CONFER STATEMENT re 33 Motion to Alter/Amend/Correct Other Orders filed by M.N.B..(Stewart, Daniel) (Entered: 12/18/2017)

PROPOSED ORDER TO JUDGE re 33 MOTION to Alter/Amend/Correct Other Orders 32 Scheduling Order filed by M.N.B..(Stewart, Daniel) (Entered: 12/18/2017)

STIPULATION re 32 Scheduling Order Joint Stipulation to Amend Scheduling Order by Plaintiff and Defendant by Osseo Area Schools, Independent School District No. 279. (Schreifels, Roseann) (Entered: 12/21/2017)

PROPOSED ORDER TO JUDGE re 39 Stipulation. (Schreifels, Roseann) (Entered: 12/21/2017)

ORDER ON JOINT STIPULATION TO AMEND THE SCHEDULING ORDER: 1. The Joint Stipulation (ECF No. 39 ) is APPROVED; Motions (non-disp) due 1/5/2018. Signed by Magistrate Judge Hildy Bowbeer on 12/21/2017. (MMP) (Entered: 12/26/2017)

STATUS REPORT Joint letter regarding status of discovery discussions by Osseo Area Schools, Independent School District No. 279. (Schreifels, Roseann) (Entered: 01/03/2018)

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Status Conference held by telephone on 1/4/2018. (ACH) (Entered: 01/04/2018)

MOTION to Supplement Record filed by M.N.B.. (Hulden, Maren) (Entered: 01/30/2018)

NOTICE OF HEARING ON MOTION 44 MOTION to Supplement Record : Motion Hearing set for 2/21/2018 09:30 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Hulden, Maren) (Entered: 01/30/2018)

MEMORANDUM in Support re 44 MOTION to Supplement Record filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hulden, Maren) (Entered: 01/30/2018)

Declaration of Maren Hulden in Support of 44 MOTION to Supplement Record filed by M.N.B.. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G)(Hulden, Maren) (Entered: 01/30/2018)

MEET and CONFER STATEMENT re 44 Motion to Supplement Record filed by M.N.B..(Hulden, Maren) (Entered: 01/30/2018)

PROPOSED ORDER TO JUDGE re 44 MOTION to Supplement Record filed by M.N.B..(Hulden, Maren) (Entered: 01/30/2018)

MEMORANDUM in Opposition re 44 MOTION to Supplement Record filed by Osseo Area Schools, Independent School District No. 279. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schreifels, Roseann) (Entered: 02/06/2018)

TEXT ONLY ORDER: Defendant has filed a Motion to Supplement the Record (ECF No. 44). Plaintiff filed its response in opposition on February 6, 2018 (ECF No. 50). Defendant may file a reply to Plaintiff's opposition on or before FEBRUARY 14, 2018. The hearing will be conducted by the undersigned on February 21, 2018 at 9:30 a.m. in STP Courtroom 6B. Signed by Magistrate Judge Hildy Bowbeer on 02/07/18. (JMK) Modified text on 2/7/2018 (JDF). (Entered: 02/07/2018)

REPLY re 44 MOTION to Supplement Record filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hulden, Maren) (Entered: 02/14/2018)

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: hearing on Defendant's Motion to Supplement the Record [Doc. No. 44] on 2/21/2018. (ALM) (Entered: 02/21/2018)

ORDER granting in part and denying in part 44 Motion to Supplement Record(Written Opinion). See the order for details. Signed by Magistrate Judge Hildy Bowbeer on 3/21/2018. (JMK) (Entered: 03/22/2018)

MOTION for Summary Judgment [Motion for Judgment on the Administrative Record] filed by M.N.B.. (Stewart, Daniel) (Entered: 04/23/2018)

NOTICE OF HEARING ON MOTION 55 MOTION for Summary Judgment [Motion for Judgment on the Administrative Record] : Motion Hearing set for 7/16/2018 at 10:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Stewart, Daniel) (Entered: 04/23/2018)

MEMORANDUM in Support re 55 MOTION for Summary Judgment [Motion for Judgment on the Administrative Record] filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Stewart, Daniel) (Entered: 04/23/2018)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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PROPOSED ORDER TO JUDGE re 55 MOTION for Summary Judgment [Motion for Judgment on the Administrative Record] filed by M.N.B..(Stewart, Daniel) (Entered: 04/23/2018)

MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) filed by Osseo Area Schools, Independent School District No. 279. (Booth, Laura) (Entered: 04/23/2018)

NOTICE OF HEARING ON MOTION 59 MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) : Motion Hearing set for 7/16/2018 at 10:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Booth, Laura) (Entered: 04/23/2018)

MEMORANDUM in Support re 59 MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) filed by Osseo Area Schools, Independent School District No. 279. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Booth, Laura) (Entered: 04/23/2018)

PROPOSED ORDER TO JUDGE re 59 MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) filed by Osseo Area Schools, Independent School District No. 279.(Booth, Laura) (Entered: 04/23/2018)

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Osseo Area Schools, Independent School District No. 279 re 59 MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) (Booth, Laura) (Entered: 04/23/2018)

MEMORANDUM in Opposition re 59 MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Stewart, Daniel) (Entered: 06/25/2018)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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RESPONSE re 57 Memorandum in Support of Motion filed by Osseo Area Schools, Independent School District No. 279. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Booth, Laura) (Entered: 06/25/2018)

REPLY re 65 Response, 55 MOTION for Summary Judgment [Motion for Judgment on the Administrative Record] filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Stewart, Daniel) (Entered: 07/02/2018)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Notice of No Reply to Response to Motion re 59 MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) filed by Osseo Area Schools, Independent School District No. 279.(Booth, Laura) (Entered: 07/03/2018)

TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Laura Tubbs Booth and Roseann Therese Schreifels for plaintiff; Daniel Stewart & Maren Hulden for defendant; Motion Hearing held on 7/16/2018 re 59 MOTION for Summary Judgment (Motion for Judgment on the Administrative Record) filed by Osseo Area Schools, Independent School District No. 279 & 55 MOTION for Summary Judgment [Motion for Judgment on the Administrative Record] filed by M.N.B. - argued & taken under advisement. Order to be issued. TIME IN COURT: 32 minutes. (Court Reporter Renee Rogge) (CLB) (Entered: 07/16/2018)

ORDER granting 55 Motion for Summary Judgment; denying 59 Motion for Summary Judgment (Written Opinion) Signed by Senior Judge David S. Doty on 9/25/2018. (DLO) (Entered: 09/25/2018)

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(AKL) (Entered: 09/26/2018)

MOTION for Attorney Fees filed by M.N.B.. (Stewart, Daniel) (Entered: 10/09/2018)

NOTICE OF HEARING ON MOTION 71 MOTION for Attorney Fees : Motion Hearing set for 11/2/2018 at 10:30 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Stewart, Daniel) (Entered: 10/09/2018)

MEMORANDUM in Support re 71 MOTION for Attorney Fees filed by M.N.B.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Stewart, Daniel) (Entered: 10/09/2018)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Declaration of Daniel Stewart in Support of 71 MOTION for Attorney Fees filed by M.N.B.. (Attachments: # 1 Exhibit(s) A - Chart 1, # 2 Exhibit(s) B - Chart 2)(Stewart, Daniel) (Entered: 10/09/2018)

Declaration of Maren Hulden in Support of 71 MOTION for Attorney Fees filed by M.N.B.. (Attachments: # 1 Exhibit(s) 1 - Itemization of Time)(Stewart, Daniel) (Entered: 10/09/2018)

AFFIDAVIT of Andrea Jepsen in SUPPORT OF 71 MOTION for Attorney Fees filed by M.N.B..(Stewart, Daniel) (Entered: 10/09/2018)

AFFIDAVIT of Jason Schellack in SUPPORT OF 71 MOTION for Attorney Fees filed by M.N.B..(Stewart, Daniel) (Entered: 10/09/2018)

MEET and CONFER STATEMENT re 71 Motion for Attorney Fees filed by M.N.B..(Stewart, Daniel) (Entered: 10/09/2018)

PROPOSED ORDER TO JUDGE re 71 MOTION for Attorney Fees filed by M.N.B..(Stewart, Daniel) (Entered: 10/09/2018)

ORDER Re: Briefing Schedule for defendant's motion for attorneys' fees. Signed by Senior Judge David S. Doty on 10/10/2018. (CLB) (Entered: 10/10/2018)

NOTICE OF APPEAL TO 8TH CIRCUIT as to 69 Order on Motion for Summary Judgment, 70 Judgment by Osseo Area Schools, Independent School District No. 279. Filing fee $ 505, receipt number AMNDC-6439971. (Schreifels, Roseann) (Entered: 10/18/2018)

CERTIFICATE OF SERVICE by Osseo Area Schools, Independent School District No. 279 re 81 Notice of Appeal to 8th Circuit (Schreifels, Roseann) (Entered: 10/18/2018)

TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 81 . (MMG) (Entered: 10/22/2018)

STIPULATION TO STAY BRIEFING SCHEDULE ON DEFENDANT'S MOTION FOR ATTORNEYS' FEES by Osseo Area Schools, Independent School District No. 279. Jointly Signed by M.N.B., by and through her Parent, J.B.. (Booth, Laura) (Entered: 10/23/2018)

PROPOSED ORDER TO JUDGE re 84 Stipulation. (Booth, Laura) (Entered: 10/23/2018)

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Osseo Area Schools, Independent School District No. 279 re 84 Stipulation to Stay Briefing Schedule on Defendant's Motion for Attorneys' Fees (Booth, Laura) (Entered: 10/23/2018)

USCA Case Number 18-3255 for 81 Notice of Appeal to 8th Circuit filed by Osseo Area Schools, Independent School District No. 279. (MMP) (Entered: 10/23/2018)

ORDER granting 84 Stipulation to Stay Briefing Schedule on Defendants Motion for Attorneys Fees. Signed by Senior Judge David S. Doty on 10/24/2018. (DLO) (Entered: 10/24/2018)

NOTICE to USCA of subsequent filing in a civil case, Re: Proposed Order to Judge 85, Stipulation 84, Order on Stipulation 88, Certificate of Service on Proposed Order 86 . (kt)