Case: Fry v. Napoleon Community Schools

COMPLAINT filed by EHLENA FRY against Pamela Barnes, Jackson County Intermediate School District, Napoleon Community Schools with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3858882 - Fee: $ 350. County of 1st Plaintiff: Jackson - County Where Action Arose: Jackson - County of 1st Defendant: Jackson. [Previously dismissed case: No] [Possible companion case(s): None] (Kellett, Peter) (Entered: 12/17/2012)

SUMMONS Issued for *Pamela Barnes, Jackson County Intermediate School District, Napoleon Community Schools* (DTyl) (Entered: 12/18/2012)

NOTICE of Appearance by Brandon M. Blazo on behalf of All Plaintiffs. (Blazo, Brandon) (Entered: 12/18/2012)

NOTICE of Appearance by James F. Hermon on behalf of EF. (Hermon, James) (Entered: 12/18/2012)

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 12/18/2012)

Notice of Error

Addition of Parties

CERTIFICATE of Service/Summons Returned Executed. Napoleon Community Schools served on 12/31/2012, answer due 1/22/2013. (Blazo, Brandon) (Entered: 01/10/2013)

CERTIFICATE of Service/Summons Returned Executed. Jackson County Intermediate School District served on 12/29/2012, answer due 1/22/2013. (Blazo, Brandon) (Entered: 01/10/2013)

ATTORNEY APPEARANCE: Denise M. Heberle appearing on behalf of All Plaintiffs (Heberle, Denise) (Entered: 01/10/2013)

NOTICE of Appearance by Timothy J. Mullins on behalf of All Defendants. (Mullins, Timothy) (Entered: 01/11/2013)

ORDER DISMISSING PLAINTIFF'S STATE-LAW CLAIM Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 01/18/2013)

ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Mullins, Timothy) (Entered: 02/11/2013)

NOTICE of Appearance by Kenneth B. Chapie on behalf of All Defendants. (Chapie, Kenneth) (Entered: 02/11/2013)

NOTICE TO APPEAR: Scheduling Conference set for 3/26/2013 10:30 AM before District Judge Lawrence P. Zatkoff IN PORT HURON (MVer) (Entered: 02/13/2013)

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Blazo, Brandon) (Entered: 03/21/2013)

Scheduling Conference

ANSWER to Complaint with Affirmative Defenses with Jury Demand AMENDED by All Defendants. (Mullins, Timothy) (Entered: 04/04/2013)

SCHEDULING ORDER: Discovery due by 10/10/2013 Dispositive Motion Cut-off set for 10/31/2013 Final Pretrial Conference set for 3/13/2014 10:00 AM before District Judge Lawrence P. Zatkoff Signed by District Judge Lawrence P. Zatkoff. (Refer to image for additional dates) (MVer) (Entered: 04/05/2013)

MOTION to Dismiss by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. COMPLAINT, # 3 Exhibit 2. MICHIGAN DEPARTMENT OF EDUCATION SAFEGUARD MANUAL, # 4 Exhibit 3. MICHIGAN DEPARTMENT OF EDUCATION SPECIAL EDUCATION DUE PROCESS COMPLAINT PROCEDURES, # 5 Exhibit 4. SHARBOWSKI V UTICA COMMUNITY SCHOOLS) (Mullins, Timothy) (Entered: 07/24/2013)

1 Index of Exhibits

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2 Exhibit 1. COMPLAINT

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3 Exhibit 2. MICHIGAN DEPARTMENT OF EDUCATION SAFEGUARD MANUAL

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4 Exhibit 3. MICHIGAN DEPARTMENT OF EDUCATION SPECIAL EDUCATION DUE PROCESS COMPLA

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5 Exhibit 4. SHARBOWSKI V UTICA COMMUNITY SCHOOLS

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RESPONSE to 17 MOTION to Dismiss Response to Motion for Judgment on the Pleadings filed by All Plaintiffs. (Hermon, James) (Entered: 08/19/2013)

REPLY to Response re 17 MOTION to Dismiss filed by All Defendants. (Mullins, Timothy) (Entered: 09/04/2013)

STIPULATION AND ORDER STAYING SCHEDULING ORDER UNTIL MOTION TO DISMISS IS DECIDED Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 10/01/2013)

NOTICE of Appearance by Susan Asam on behalf of EF. (Asam, Susan) (Entered: 12/04/2013)

NOTICE of Withdrawal of Attorney Brandon M. Blazo for on behalf of All Plaintiffs. (Blazo, Brandon) (Entered: 12/04/2013)

ORDER granting 17 Motion to Dismiss. Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 01/10/2014)

JUDGMENT in favor of Defendant Signed by District Judge Lawrence P. Zatkoff. (MVer) (Entered: 01/10/2014)

NOTICE OF APPEAL by All Plaintiffs. Receipt No: 0645-4487942 - Fee: $ 505 - Fee Status: Fee Paid. (Asam, Susan) (Entered: 02/05/2014)

Certificate of Service re 25 Notice of Appeal. (TMcg) (Entered: 02/05/2014)

JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 25 Notice of Appeal filed by Stacy Fry, EF, Brent Fry [Appeal Case Number 14-1137] (KCla) (Entered: 06/29/2015)

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 25 Notice of Appeal filed by Stacy Fry, EF, Brent Fry [Appeal Case Number 14-1137] (KCla) (Entered: 08/25/2015)

LETTER from the US Supreme Court that a petition for writ of certiorari was filed on 10/15/2015. [Supreme Court Case Number: 15-497] [Court of Appeals Case Number: 14-1137] (Ahmed, N) (Entered: 10/23/2015)

LETTER from the US Supreme Court granting the petition for writ of certiorari [Supreme Court Case Number: 15-497] [Court of Appeals Case Number: 14-1137] (Ahmed, N) (Entered: 06/28/2016)

ORDER from U.S. Court of Appeals - Sixth Circuit re 25 Notice of Appeal filed by Stacy Fry, EF, Brent Fry [Appeal Case Number 14-1137] (Ahmed, N) (Entered: 04/27/2017)

ORDER from U.S. Court of Appeals - Sixth Circuit re 25 Notice of Appeal filed by Stacy Fry, EF, Brent Fry [Appeal Case Number 14-1137] (Ahmed, N) (Entered: 06/29/2017)

ORDER from U.S. Court of Appeals - Sixth Circuit re 25 Notice of Appeal filed by Stacy Fry, EF, Brent Fry [Appeal Case Number 14-1137] (Ahmed, N) (Entered: 07/24/2017)

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 33 Appeal Order/Opinion/Judgment, 25 Notice of Appeal filed by Stacy Fry, EF, Brent Fry [Appeal Case Number 14-1137] (Ahmed, N) (Entered: 08/15/2017)

Text-Only Order of reassignment from District Judge Lawrence P. Zatkoff to District Judge Sean F. Cox pursuant to Local Rule. (SSch)

Text-Only Reassignment Pursuant to Administrative Order

Text-Only Reassignment

NOTICE TO APPEAR: Status Conference set for 10/10/2017 at 03:30 PM before District Judge Sean F. Cox (JMcC) (Entered: 09/06/2017)

NOTICE of Appearance by Jill M. Wheaton on behalf of All Plaintiffs. (Wheaton, Jill) (Entered: 10/09/2017)

NOTICE OF SETTLEMENT CONFERENCE AND ORDER: Settlement Conference set for 12/11/2017 at 10:00 AM before District Judge Sean F. Cox (JMcC) (Entered: 10/10/2017)

Minute Entry for proceedings before District Judge Sean F. Cox: Status Conference held on 10/10/2017 (JMcC)

Text-Only Order AND ~Util - Set Scheduling Order Deadlines

Status Conference

TEXT-ONLY ORDER Setting Limited Discovery and Motion Filing Deadlines. (Discovery as to Administrative Remedies Pursued due by 12/11/2017, Dispositive Motion Cut-off set for 2/12/2018) Signed by District Judge Sean F. Cox. (JMcC)

Text-Only Order

Set Deadlines/Hearings: Settlement Conference set for 12/11/2017 AT 10:00 AM, in ROOM 425 (LOCATION CHANGE) before District Judge Sean F. Cox (JMcC)

Set Deadlines/Hearings

Minute Entry for proceedings before District Judge Sean F. Cox: Settlement Conference held on 12/11/2017 Disposition: No settlement reached (Court Reporter: None Present, Not on the Record) (TMcg)

Settlement Conference

NOTICE TO APPEAR: Settlement Conference set for 2/15/2018 at 09:30 AM, in Room 425, before District Judge Sean F. Cox (JMcC) (Entered: 01/12/2018)

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Statement of Material Facts not In Dispute, # 2 Index of Exhibits Index of Exhibits to Appendix, # 3 Exhibit Ex 1, Letter of Dr. Nelson, # 4 Exhibit Ex 2, Excerpts from Graham Deposition, # 5 Exhibit Ex 3, Oct 12 2009 Letter from Stacy and Brent Fry, # 6 Exhibit Ex 4, Excerpts from S Fry Deposition, # 7 Exhibit Ex 5, Dec 17, 2009 Letter from Brent and Stacy Fry, # 8 Exhibit Ex 6, Jan 4 2010 Letter from James Graham, # 9 Exhibit Ex 7, Excerpts from Jan 7 2010 IEP Report, # 10 Exhibit Ex 8, Jan 7 2010 Letter from Brent and Stacy Fry, # 11 Exhibit Ex 9, Jan 21, 2010 Letter from ACLU, # 12 Exhibit Ex 10, Excerpts from OCR Disposition Letter, # 13 Exhibit Ex 11, OCR Resolution Agreement, # 14 Exhibit Ex 12, Key Cases Cited) (Hermon, James) Modified on 2/12/2018 (DWor). [DOCUMENT ENTITLED "MOTION FOR PARTIAL SUMMARY JUDGMENT TO DISMISS DEFENDANTS' AFFIRMATIVE DEFENSE OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES"] (Entered: 02/09/2018)

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1.Complaint with Exhibit A, May 3, 2012 OCR Letter, # 3 Exhibit 2.December 17, 2009 Fry Letter, # 4 Exhibit 3.January 4, 2010 Graham Letter, # 5 Exhibit 4.January 7, 2010 IEP, # 6 Index of Exhibits 5.January 7, 2010 Fry Letter, # 7 Exhibit 6.January 14, 2010 Graham Letter, # 8 Exhibit 7.January 21, 2010 ACLU Letter, # 9 Exhibit 8.March 22, 2010 IDEA Mediation Agreement, # 10 Exhibit 9.June 24, 2010 ACLU Letter, # 11 Exhibit 10.September 21, 2010 Fry Letter, # 12 Exhibit 11.October 11, 2012 IEP, # 13 Exhibit 12.Stacy Fry Deposition, # 14 Exhibit 13.Brent Fry Deposition, # 15 Exhibit 14.Various IEPs) (Mullins, Timothy) (Entered: 02/12/2018)

Minute Entry for proceedings before District Judge Sean F. Cox: Settlement Conference held on 2/15/2018 Disposition: No settlement reached (Court Reporter: None Present, Not on the Record) (TMcg)

Settlement Conference

NOTICE OF HEARING on 39 MOTION for Summary Judgment, and 40 MOTION for Summary Judgment. Motion Hearing set for 6/7/2018 AT 02:00 PM before District Judge Sean F. Cox (JMcC) (Entered: 02/27/2018)

NOTICE of Appearance by Ryan J. VanOver on behalf of All Plaintiffs. (VanOver, Ryan) (Entered: 02/28/2018)

RESPONSE to 39 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit Response to Statement of Material Facts Not in Dispute) (Mullins, Timothy) (Entered: 03/02/2018)

RESPONSE to 40 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Letter of Dr. Virginia S. Nelson, MD, # 3 Exhibit 2. Excerpts from Deposition of James Graham, # 4 Exhibit 3. Letter from Brent and Stacy Fry of 10.12.09, # 5 Exhibit 4. Excerpts from Deposition of Stacy Fry, # 6 Exhibit 5. Letter from Brent and Stacy Fry of 10.17.09, # 7 Exhibit 6. Letter from James Graham of 1.4.10, # 8 Exhibit 7. Excerpts from the IEP Report of 1.7.10, # 9 Exhibit 8. Letter from Brent and Stacy Fry of 1.7.10, # 10 Exhibit 9. Letter from the ACLU of 1.21.10, # 11 Exhibit 10. Excerpts from OCR Disposition Letter of 5.3.12, # 12 Exhibit 11. OCR Resolution Agreement of 5.3.12, # 13 Exhibit 12. Statement of Complaint to the U. S. Dept of Ed. of 6.24.10, # 14 Exhibit 13. Key cases cited) (VanOver, Ryan) (Entered: 03/05/2018)

REPLY to Response re 39 MOTION for Summary Judgment filed by All Plaintiffs. (Hermon, James) (Entered: 03/16/2018)

REPLY to Response re 40 MOTION for Summary Judgment filed by All Defendants. (Mullins, Timothy) (Entered: 03/19/2018)

NOTICE OF RESCHEDULED HEARING on 39 MOTION for Summary Judgment, 40 MOTION for Summary Judgment. Motion Hearing set for 7/19/2018 at 04:00 PM before District Judge Sean F. Cox (JMcC) (Entered: 06/06/2018)

Set/Reset Deadlines as to 39 MOTION for Summary Judgment, and 40 MOTION for Summary Judgment. Motion Hearing set for 7/19/2018 at 03:00 PM (TIME CHANGE) before District Judge Sean F. Cox (JMcC)

Set Motion and R&R Deadlines/Hearings

NOTICE OF RESCHEDULED HEARING on 39 MOTION for Summary Judgment, and 40 MOTION for Summary Judgment. Motion Hearing set for 8/9/2018 at 03:00 PM before District Judge Sean F. Cox (JMcC) (Entered: 07/16/2018)

NOTICE OF RESCHEDULED HEARING on 39 MOTION for Summary Judgment, 40 MOTION for Summary Judgment. Motion Hearing set for 8/16/2018 at 03:00 PM before District Judge Sean F. Cox (JMcC) (Entered: 07/16/2018)

Minute Entry for proceedings before District Judge Sean F. Cox: Motion Hearing held on 8/16/2018 re 40 MOTION for Summary Judgment filed by Jackson County Intermediate School District, Pamela Barnes, Napoleon Community Schools, and 39 MOTION for Summary Judgment filed by Stacy Fry, EF, Brent Fry. Disposition: Motions taken under advisement (Court Reporter: Marie Metcalf) (JMcC)

Motion Hearing

OPINION AND ORDER Denying Without Prejudice 39 Motion for Summary Judgment; Denying Without Prejudice 40 Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (JMcC)

ORDER Appointing Mediator Pursuant to Local Rule 16.4. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 08/23/2018)

NOTICE of Appearance by Charles D. Bullock on behalf of Charles D Bullock. (Bullock, Charles) (Entered: 09/04/2018)

NOTICE TO APPEAR: Status Conference set for 9/27/2018 at 10:00 AM before District Judge Sean F. Cox (JMcC) (Entered: 09/17/2018)

Second MOTION for Partial Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Letter of Dr. Virginia S. Nelson, MD, # 3 Exhibit 2. Excerpts from Deposition of James Graham, # 4 Exhibit 3. Letter from Brent and Stacy Fry of October 12, 2009, # 5 Exhibit 4. Excerpts from Depositin of Stacy Fry, # 6 Exhibit 5. Letter from Brent and Stacy Fry of December 17, 2009, # 7 Exhibit 6. Letter from James Graham of January 4, 2010, # 8 Exhibit 7. Excerpts from the IEP Report of January 7, 2010, # 9 Exhibit 8. Letter from Brent and Stacy Fry of January 7, 2010, # 10 Exhibit 9. Letter from the ACLU of January 21, 2010, # 11 Exhibit 10. Excerpts from OCR Disposition Letter of May 3, 2012, # 12 Exhibit 11. Declaration of Stacy Fry, # 13 Exhibit 12. OCR Resolution Agreement of May 3, 2012, # 14 Exhibit 13. Key cases cited) (VanOver, Ryan) (Entered: 09/25/2018)

SCHEDULING ORDER: Discovery due by 3/22/2019, Dispositive Motion Cut-off set for 4/22/2019, Final Pretrial Conference set for 8/19/2019 AT 02:00 PM before District Judge Sean F. Cox, Trailing Trial Docket set for SEPTEMBER/OCTOBER 2019 Signed by District Judge Sean F. Cox. (Refer to image for additional dates) (JMcC) (Entered: 09/27/2018)

Minute Entry for proceedings before District Judge Sean F. Cox: Status Conference held on 9/27/2018. (JMcC)

Status Conference

STIPULATION AND ORDER Extending Time for Defendants to Respond re 54 Second MOTION for Partial Summary Judgment. (Response due by 11/16/2018) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 10/15/2018)

[STRICKEN PER ORDER DATED 11/21/2018] RESPONSE to 54 Second MOTION for Partial Summary Judgment filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1.Complaint with Exhibit A, May 3, 2012 OCR Letter, # 3 Exhibit 2.December 17, 2009 Fry Letter, # 4 Exhibit 3.January 4, 2010 Graham Letter, # 5 Exhibit 4.January 7, 2010 IEP, # 6 Exhibit 5.January 7, 2010 Fry Letter, # 7 Exhibit 6.January 14, 2010 Graham Letter, # 8 Exhibit 7.January 21, 2010 ACLU Letter, # 9 Exhibit 8.March 22, 2010 IDEA Mediation Agreement, # 10 Exhibit 9.June 24, 2010 ACLU Letter, # 11 Exhibit 10.September 21, 2010 Fry Letter, # 12 Exhibit 11.October 11, 2012 IEP, # 13 Exhibit 12.Stacy Fry Deposition, # 14 Exhibit 13.Brent Fry Deposition, # 15 Exhibit 14.Various IEPs, # 16 Exhibit 15.January 5, 2010 email between school district employees, # 17 Exhibit 16.January 14, 2010 Graham letter, # 18 Exhibit 17.May 21, 2010 letter from school district, # 19 Exhibit 18.June 2, 2010 letter from school district, # 20 Exhibit 19.June 24, 2010 letter from school district, # 21 Exhibit 20.August 25, 2010 letter from school district, # 22 Exhibit 21.September 15, 2010 letter from school district, # 23 Exhibit 22.February 2010 parent letter, # 24 Exhibit 23.Fry v. Napoleon Community Schools, Supreme Court decision, # 25 Exhibit 24.Fry v. Napoleon Community Schools, Sixth Circuit order on remand, # 26 Exhibit 25.Rohrbaugh v. Lincoln Intermediate Unit, # 27 Exhibit 26.Wellman v. Butler Area School District, # 28 Exhibit 27.S.D. v. Haddon Heights Board of Education, # 29 Exhibit 28.Supt. James Graham affidavit) (Mullins, Timothy) Modified on 11/27/2018 (JMcC). (Entered: 11/16/2018)

[STRICKEN PER ORDER DATED 11/21/2018] RESPONSE Defendants Response to Plaintiffs Statement of Material Facts Not in Dispute and Defendants Counter-Statement of Material Facts and Statement of Genuine Material Fact Issues by All Defendants. (Mullins, Timothy) Modified on 11/27/2018 (JMcC). (Entered: 11/16/2018)

NOTICE OF HEARING on 54 Second MOTION for Partial Summary Judgment. Motion Hearing set for 2/14/2019 at 03:00 PM before District Judge Sean F. Cox (JMcC) (Entered: 11/19/2018)

RESPONSE to 54 Second MOTION for Partial Summary Judgment filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1.Complaint with Exhibit A, May 3, 2012 OCR Letter, # 3 Exhibit 2.December 17, 2009 Fry Letter, # 4 Exhibit 3.January 4, 2010 Graham Letter, # 5 Exhibit 4.January 7, 2010 IEP, # 6 Exhibit 5.January 7, 2010 Fry Letter, # 7 Exhibit 6.January 14, 2010 Graham Letter, # 8 Exhibit 7.January 21, 2010 ACLU Letter, # 9 Exhibit 8.March 22, 2010 IDEA Mediation Agreement, # 10 Exhibit 9.June 24, 2010 ACLU Letter, # 11 Exhibit 10.September 21, 2010 Fry Letter, # 12 Exhibit 11.October 11, 2012 IEP, # 13 Exhibit 12.Stacy Fry Deposition, # 14 Exhibit 13.Brent Fry Deposition, # 15 Exhibit 14.Various IEPs, # 16 Exhibit 15.January 5, 2010 email between school district employees, # 17 Exhibit 16.January 14, 2010 Graham letter, # 18 Exhibit 17.May 21, 2010 letter from school district, # 19 Exhibit 18.June 2, 2010 letter from school district, # 20 Exhibit 19.June 24, 2010 letter from school district, # 21 Exhibit 20.August 25, 2010 letter from school district, # 22 Exhibit 21.September 15, 2010 letter from school district, # 23 Exhibit 22.February 2010 parent letter, # 24 Exhibit 23.Fry v. Napoleon Community Schools, Supreme Court decision, # 25 Exhibit 24.Fry v. Napoleon Community Schools, Sixth Circuit order on remand, # 26 Exhibit 25.Rohrbaugh v. Lincoln Intermediate Unit, # 27 Exhibit 26.Wellman v. Butler Area School District, # 28 Exhibit 27.S.D. v. Haddon Heights Board of Education, # 29 Exhibit 28.Supt. James Graham affidavit) (Mullins, Timothy) (Entered: 11/21/2018)

RESPONSE Response to Plaintiffs Statement of Material Facts Not in Dispute and Statement of Genuine Material Fact Issues by All Defendants. (Mullins, Timothy) (Entered: 11/21/2018)

TEXT-ONLY ORDER Striking 57 Response to Motion filed by Jackson County Intermediate School District, Pamela Barnes, Napoleon Community Schools, and 58 Defendants Response to Plaintiffs Statement of Material Facts Not in Dispute and Defendants Counter-Statement of Material Facts and Statement of Genuine Material Fact Issues. Pursuant to R5(e) of the Electronic Filing Policies and Procedures, a response or reply to a motion must not be combined with a counter-motion. Papers in violation of this rule with be stricken. Entered by District Judge Sean F. Cox. (JMcC)

Text-Only Order

REPLY to Response re 54 Second MOTION for Partial Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Feb. 5, 2010 letter from Gayle Rosen to Jeffrey Butler, # 3 Exhibit 2. May 21, 2010 letter from ACLU to Jordan Bullinger, # 4 Exhibit 3. May 25, 2010 letter from Gayle Rosen to Jordan Bullinger, # 5 Exhibit 4. ADA 2010 Revised Requirements (Service Animals)) (VanOver, Ryan) (Entered: 12/04/2018)

REPLY to 61 Response (Free) to Defs' Counter-Statement of Additional Facts Not in Dispute As Appendix to Plfs' Second Motion for Partial Summary Judgment to Dismiss Defs' Affirmative Defense of Failure to Exhaust Administrative Remedies by All Plaintiffs. (VanOver, Ryan) (Entered: 12/04/2018)

Set/Reset Deadlines as to 54 Second MOTION for Partial Summary Judgment . Motion Hearing set for 2/14/2019 at 10:00 AM (TIME CHANGE) before District Judge Sean F. Cox (EKar)

Set Motion and R&R Deadlines/Hearings

Minute Entry for proceedings before District Judge Sean F. Cox: Motion Hearing held on 2/14/2019 re 54 Second MOTION for Partial Summary Judgment filed by Stacy Fry, EF, Brent Fry. Disposition: Motion taken under advisement (Court Reporter: Marie Metcalf) (BGar)

Motion Hearing

WITNESS LIST by All Plaintiffs (VanOver, Ryan) (Entered: 02/19/2019)

WITNESS LIST by Pamela Barnes, Jackson County Intermediate School District, Napoleon Community Schools (Chapie, Kenneth) (Entered: 02/19/2019)

OPINION AND ORDER Granting 54 Motion for Partial Summary Judgment and Striking Affirmative Defense of Failure to Exhaust Administrative Remedies Under the IDEA. Signed by District Judge Sean F. Cox. (BGar)

MOTION for Reconsideration re 66 Order on Motion for Partial Summary Judgment by All Defendants. (Attachments: # 1 Document Continuation Statement of Undisputed Material Facts in Support of Defendants' Motion for Reconsideration, # 2 Index of Exhibits Defendants' Index of Exhibits, # 3 Exhibit Ex 1 - relevant portion of Stacy Fry's 2/1/19 deposition, # 4 Exhibit Ex 2 - relevant portion of Brent Fry's 3/7/19 deposition, # 5 Exhibit Ex 3 - Dr. Nelson medical record 12/31/09, # 6 Exhibit Ex 4 - PT record 3/18/10, # 7 Exhibit Ex 5 - JISD PT record 4/1/10, # 8 Exhibit Ex 6 - Sandison v Michigan HS Athletic Ass'n, # 9 Exhibit Ex 7 - Campbell v Bd. of Educ. of Centerline Sch. Dist., # 10 Exhibit Ex 8 - Yaldo v Wayne State Univ.) (Mullins, Timothy) (Entered: 03/15/2019)

ORDER Requiring Response to 67 Motion for Reconsideration. Response due by 4/9/2019. Signed by District Judge Sean F. Cox. (MacKay, K) (Entered: 03/19/2019)

MOTION to Quash subpoena by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit ASubpoena to Produce, # 3 Exhibit BShipes v Amurcon Corp) (Chapie, Kenneth) (Entered: 03/19/2019)

ORDER REFERRING MOTION to Magistrate Judge David R. Grand: 69 MOTION to Quash subpoena filed by Jackson County Intermediate School District, Pamela Barnes, Napoleon Community Schools. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/20/2019)

RESPONSE to 69 MOTION to Quash subpoena filed by All Plaintiffs. (Attachments: # 1 Exhibit A. Unpublished Cases) (VanOver, Ryan) (Entered: 04/02/2019)