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

0:17-cv-02068 | U.S. District Court for the District of Minnesota

Filed Date: June 15, 2017

Closed Date: July 29, 2020

Clearinghouse coding complete

Case Summary

This case concerns transportation for a student with a disability to an open enrollment school outside of her district of residence. This lawsuit was filed by Osseo Area Schools, ISD No. 279 (“the District”) on June 15, 2017, in the U.S. District Court for the District of Minnesota. The case was brought against the family of the student, appealing a decision against the school district by an administrative law judge (ALJ) under the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C…

This case concerns transportation for a student with a disability to an open enrollment school outside of her district of residence. This lawsuit was filed by Osseo Area Schools, ISD No. 279 (“the District”) on June 15, 2017, in the U.S. District Court for the District of Minnesota. The case was brought against the family of the student, appealing a decision against the school district by an administrative law judge (ALJ) under the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 1400. The family was represented by Disability Rights Minnesota (MN). Senior Judge David S. Doty presided over this case.

The ALJ had found that the District violated the student’s rights under the IDEA by refusing to provide her with transportation between her home and school because she lived outside the District and was enrolled in the District as part of Minnesota’s open enrollment program. The ALJ found that the District was required to reimburse the student's parents for transportation costs between home and school because such transportation was called for in her IEP. The District then filed this case in federal district court, seeking reversal of the ALJ decision and an order that it only had to reimburse transportation from the boundary of the District (rather than the student's home) to the school.

On April 23, 2018, both parties filed motions for summary judgment based on the administrative record from the hearing. On September 25, 2018, the district court granted the family's motion and denied the school district’s motion.  The district court agreed with the ALJ that the student's IEP called for transportation from the student's home and that transportation was necessary for the student to receive a free appropriate public education. 344 F.Supp.3d 1040.

On Oct 9, 2018, Disability Rights MN filed a motion for attorneys’ fees. On Oct 18, 2018, the school district filed a notice of appeal to the Eighth Circuit.

On July 29, 2020, the Eighth Circuit reversed the district court because it determined that the school district met its obligations under the IDEA by offering a school placement within its boundaries, regardless of the application and availability of the state's open enrollment law. The Eighth Circuit further explained that the Spending Clause of the US Constitution required IDEA to provide "clear notice" of expenses to state actors and that it saw nothing in the "IDEA that provides clear notice to a State that it must cover transportation expenses when a student’s travel is the result of a parent’s choice under an open enrollment program." 970 F.3d 917.

This case is now closed.

Summary Authors

NDRN (6/22/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6343098/parties/in-the-matter-of-osseo-area-schools-independent-school-district-no-279-v/


Judge(s)

Doty, David Singleton (Minnesota)

Attorney for Plaintiff

Booth, Laura Tubbs (Minnesota)

Schreifels, Roseann Therese (Minnesota)

Attorney for Defendant

Hulden, Maren (Minnesota)

Stewart, Daniel J (Minnesota)

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Documents in the Clearinghouse

Document
1

0:17-cv-02068

Complaint and Appeal of Hearing Officer Decision Pursuant to 20 U.S.C. 1415 (i)(2)

June 15, 2017

June 15, 2017

Complaint
16

0:17-cv-02068

Memorandum in Support of Defendants' Motion to Dismiss the Complaint

Aug. 29, 2017

Aug. 29, 2017

Pleading / Motion / Brief
27

0:17-cv-02068

Defendants' Answer to the Second Amended Complaint

Oct. 12, 2017

Oct. 12, 2017

Pleading / Motion / Brief
35

0:17-cv-02068

Defendant's Memorandum in Support of Motion to Amend Pretrial Scheduling Order

Dec. 18, 2017

Dec. 18, 2017

Pleading / Motion / Brief
57

0:17-cv-02068

Memorandum in Support of Defendant's Motion for Judgment on the Administrative Record

April 23, 2018

April 23, 2018

Pleading / Motion / Brief
64

0:17-cv-02068

Defendant's Response to District's Motion for Judgment on the Administrative Record

June 25, 2018

June 25, 2018

Pleading / Motion / Brief
66

0:17-cv-02068

Defendant M.N.B's Reply

July 2, 2018

July 2, 2018

Pleading / Motion / Brief
69

0:17-cv-02068

Order

Sept. 25, 2018

Sept. 25, 2018

Order/Opinion

344 F.Supp.3d 1040

73

0:17-cv-02068

Memorandum in Support of Defendant's Motion for Attorney's Fees

Oct. 9, 2018

Oct. 9, 2018

Pleading / Motion / Brief
71

0:17-cv-02068

Defendant's Motion for Attorneys' Fees

Oct. 9, 2018

Oct. 9, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6343098/in-the-matter-of-osseo-area-schools-independent-school-district-no-279-v/

Last updated Jan. 30, 2025, 9:28 p.m.

ECF Number Description Date Link Date / Link
1

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)

View on PACER

2 Exhibit(s)

View on PACER

3 Civil Cover Sheet

View on PACER

June 15, 2017

June 15, 2017

Clearinghouse
2

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)

June 15, 2017

June 15, 2017

PACER
3

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)

June 16, 2017

June 16, 2017

PACER
4

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

June 20, 2017

June 20, 2017

PACER
5

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

June 20, 2017

June 20, 2017

PACER
6

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)

June 23, 2017

June 23, 2017

PACER
7

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

June 26, 2017

June 26, 2017

PACER
8

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)

July 20, 2017

July 20, 2017

PACER
9

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

Aug. 4, 2017

Aug. 4, 2017

PACER
10

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

Aug. 4, 2017

Aug. 4, 2017

PACER
11

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)

Aug. 7, 2017

Aug. 7, 2017

PACER
12

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)

Aug. 15, 2017

Aug. 15, 2017

PACER
13

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)

Aug. 15, 2017

Aug. 15, 2017

PACER
14

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

Aug. 29, 2017

Aug. 29, 2017

PACER
15

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)

Aug. 29, 2017

Aug. 29, 2017

PACER
16

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

View on PACER

Aug. 29, 2017

Aug. 29, 2017

Clearinghouse
17

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)

Aug. 29, 2017

Aug. 29, 2017

PACER
18

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

Aug. 29, 2017

Aug. 29, 2017

PACER
19

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

Aug. 29, 2017

Aug. 29, 2017

PACER
20

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)

Aug. 31, 2017

Aug. 31, 2017

PACER
21

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)

Sept. 19, 2017

Sept. 19, 2017

PACER
22

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)

Sept. 19, 2017

Sept. 19, 2017

PACER
23

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)

Sept. 25, 2017

Sept. 25, 2017

PACER
24

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)

Sept. 28, 2017

Sept. 28, 2017

PACER
25

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

Oct. 5, 2017

Oct. 5, 2017

PACER
26

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)

Oct. 11, 2017

Oct. 11, 2017

PACER
27

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

Oct. 12, 2017

Oct. 12, 2017

Clearinghouse
28

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

Oct. 12, 2017

Oct. 12, 2017

PACER
29

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

Oct. 12, 2017

Oct. 12, 2017

PACER
30

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

Oct. 12, 2017

Oct. 12, 2017

PACER
31

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)

Oct. 18, 2017

Oct. 18, 2017

PACER
32

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)

Oct. 20, 2017

Oct. 20, 2017

PACER
33

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)

Dec. 18, 2017

Dec. 18, 2017

PACER
34

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)

Dec. 18, 2017

Dec. 18, 2017

PACER
35

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

View on RECAP

Dec. 18, 2017

Dec. 18, 2017

Clearinghouse
36

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)

Dec. 18, 2017

Dec. 18, 2017

PACER
37

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

Dec. 18, 2017

Dec. 18, 2017

PACER
38

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)

Dec. 18, 2017

Dec. 18, 2017

PACER
39

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)

Dec. 21, 2017

Dec. 21, 2017

PACER
40

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

Dec. 21, 2017

Dec. 21, 2017

PACER
41

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)

Dec. 21, 2017

Dec. 21, 2017

PACER
42

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

Jan. 3, 2018

Jan. 3, 2018

PACER
43

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

Jan. 4, 2018

Jan. 4, 2018

PACER
44

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

Jan. 30, 2018

Jan. 30, 2018

PACER
45

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)

Jan. 30, 2018

Jan. 30, 2018

PACER
46

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)

Jan. 30, 2018

Jan. 30, 2018

PACER
47

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)

Jan. 30, 2018

Jan. 30, 2018

PACER
48

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

Jan. 30, 2018

Jan. 30, 2018

PACER
49

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

Jan. 30, 2018

Jan. 30, 2018

PACER
50

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)

Feb. 6, 2018

Feb. 6, 2018

PACER
51

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)

Feb. 7, 2018

Feb. 7, 2018

PACER
52

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)

Feb. 14, 2018

Feb. 14, 2018

PACER
53

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)

Feb. 21, 2018

Feb. 21, 2018

PACER
54

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)

March 22, 2018

March 22, 2018

PACER
55

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

April 23, 2018

April 23, 2018

PACER
56

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)

April 23, 2018

April 23, 2018

PACER
57

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

View on PACER

April 23, 2018

April 23, 2018

Clearinghouse
58

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)

April 23, 2018

April 23, 2018

PACER
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)

April 23, 2018

April 23, 2018

PACER
60

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)

April 23, 2018

April 23, 2018

PACER
61

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)

April 23, 2018

April 23, 2018

PACER
62

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)

April 23, 2018

April 23, 2018

PACER
63

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)

April 23, 2018

April 23, 2018

PACER
64

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

View on RECAP

June 25, 2018

June 25, 2018

Clearinghouse
65

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)

June 25, 2018

June 25, 2018

PACER
66

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

View on RECAP

July 2, 2018

July 2, 2018

Clearinghouse
67

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)

July 3, 2018

July 3, 2018

PACER
68

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)

July 16, 2018

July 16, 2018

PACER
69

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)

Sept. 25, 2018

Sept. 25, 2018

Clearinghouse
70

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

Sept. 26, 2018

Sept. 26, 2018

PACER
71

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

Oct. 9, 2018

Oct. 9, 2018

Clearinghouse
72

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)

Oct. 9, 2018

Oct. 9, 2018

PACER
73

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

View on PACER

Oct. 9, 2018

Oct. 9, 2018

Clearinghouse
74

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)

Oct. 9, 2018

Oct. 9, 2018

PACER
75

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)

Oct. 9, 2018

Oct. 9, 2018

PACER
76

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

Oct. 9, 2018

Oct. 9, 2018

PACER
77

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

Oct. 9, 2018

Oct. 9, 2018

PACER
78

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

Oct. 9, 2018

Oct. 9, 2018

PACER
79

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

Oct. 9, 2018

Oct. 9, 2018

PACER
80

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)

Oct. 10, 2018

Oct. 10, 2018

PACER
81

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)

Oct. 18, 2018

Oct. 18, 2018

PACER
82

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)

Oct. 18, 2018

Oct. 18, 2018

PACER
83

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)

Oct. 22, 2018

Oct. 22, 2018

PACER
84

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)

Oct. 23, 2018

Oct. 23, 2018

PACER
85

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

Oct. 23, 2018

Oct. 23, 2018

PACER
86

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)

Oct. 23, 2018

Oct. 23, 2018

PACER
87

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)

Oct. 23, 2018

Oct. 23, 2018

PACER
88

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)

Oct. 24, 2018

Oct. 24, 2018

PACER

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)

Oct. 24, 2018

Oct. 24, 2018

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: June 15, 2017

Closing Date: July 29, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The family of a student with disabilities attending Osseo Area Schools in Minnesota

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Osseo Area Schools (Hennepin), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Special education