Case: Community Legal Aid Society, Inc. v. Adult and Prison Education Resources Workgroup

Community Legal Aid Society v. Adult and Prison Education Resources Workgroup

COMPLAINT filed against Adult and Prison Education Resources Workgroup, Delaware Department of Correction, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick, Terra Taylor (Filing fee $ 405, receipt number ADEDC-4413931.) - filed by Community Legal Aid Society, Inc. (Attachments: # 1 Civil Cover Sheet)(jfm) (Entered: 05/23/2024)

1 Civil Cover Sheet

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) (Entered: 05/23/2024)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Community Legal Aid Society, Inc.. (Band, Marissa) (Entered: 05/23/2024)

MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Millian - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Certification)(Band, Marissa) (Entered: 05/23/2024)

MOTION for Pro Hac Vice Appearance of Attorney Zenia Sanchez Fuentes - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Certification)(Band, Marissa) (Entered: 05/23/2024)

MOTION for Pro Hac Vice Appearance of Attorney Todd A. Gluckman - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Certification)(Band, Marissa) (Entered: 05/23/2024)

MOTION for Pro Hac Vice Appearance of Attorney Michael L. Huang - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Certification)(Band, Marissa) (Entered: 05/23/2024)

Pro Hac Vice Fee - Credit Card Payment received for Kathleen L. Millian, Zenia Sanchez Fuentes, Todd A. Gluckman, and Michael L. Huang. ( re 5 MOTION for Pro Hac Vice Appearance of Attorney Zenia Sanchez Fuentes, 6 MOTION for Pro Hac Vice Appearance of Attorney Todd A. Gluckman, 7 MOTION for Pro Hac Vice Appearance of Attorney Michael L. Huang, 4 MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Millian )( Payment of $ 200, receipt number ADEDC-4414193).(Band, Marissa) (Entered: 05/23/2024)

PROPOSED ORDER re 4 MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Millian, 5 MOTION for Pro Hac Vice Appearance of Attorney Zenia Sanchez Fuentes, 6 MOTION for Pro Hac Vice Appearance of Attorney Todd A. Gluckman, 7 MOTION for Pro Hac Vice Appearance of Attorney Michael L. Huang, by Community Legal Aid Society, Inc. (Band, Marissa) Modified on 5/30/2024 (ceg). (Entered: 05/23/2024)

MOTION for Protective Order - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Band, Marissa) (Entered: 05/23/2024)

Summons Issued as to Adult and Prison Education Resources Workgroup on 5/23/2024; Delaware Department of Correction on 5/23/2024; Delaware Department of Education on 5/23/2024; Maureen Forde-Whelan on 5/23/2024; Mark A. Holodick on 5/23/2024; Terra Taylor on 5/23/2024. (Attachments: # 1 Summons Issued, # 2 Summons Issued, # 3 Summons Issued, # 4 Summons Issued, # 5 Summons Issued)(mpb) (Entered: 05/23/2024)

Summons Issued as to Kathleen Jennings. (mpb) (Entered: 05/23/2024)

MOTION to Seal Document: Eleven Exhibits Supporting Plaintiff's Motion for a Preliminary Injunction - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order to File Eleven Exhibits under Seal)(Band, Marissa) (Entered: 05/23/2024)

MOTION to Seal Document: : Eleven Exhibits Supporting Plaintiff's Motion for a Preliminary Injunction - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Text of Proposed Order)(Band, Marissa) (Entered: 05/23/2024)

MOTION for Preliminary Injunction - filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Text of Proposed Order)(Ramirez, Stefanie) (Entered: 05/23/2024)

1 Text of Proposed Order

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OPENING BRIEF in Support re 15 MOTION for Preliminary Injunction filed by Community Legal Aid Society, Inc..Answering Brief/Response due date per Local Rules is 6/6/2024. (Ramirez, Stefanie) (Entered: 05/23/2024)

APPENDIX re 16 Opening Brief in Support by Community Legal Aid Society, Inc.. (Ramirez, Stefanie) (Entered: 05/23/2024)

No Summons Issued

-District Court Pro Hac Vice Fee - 04 Attorneys Credit Card Payment

No Summons Issued. (jfm)

SUMMONS Returned Executed by Community Legal Aid Society, Inc.. All Defendants., SUMMONS Returned Executed on 5/28/2024 as to APER, et al.. (Attachments: # 1 Certificate of Service DDOC, # 2 Certificate of Service DDOE, # 3 Certificate of Service Commissioner Taylor, # 4 Certificate of Service APER Director Whelan, # 5 Certificate of Service Secretary Holodick)(Ramirez, Stefanie) (Entered: 05/29/2024)

SUMMONS Returned Executed on 5/28/2024 as to Kathleen Jennings. (Ramirez, Stefanie) (Entered: 05/29/2024)

AFFIDAVIT of Service for D.I. 1-7, 9-12, 14-17 served on Defendants and AG Jennings on 5/28/2024, filed by Community Legal Aid Society, Inc.. (Attachments: # 1 Certificate of Service DDOC and Commissioner Taylor, # 2 Certificate of Service DDOE and Secretary Holodick, # 3 Certificate of Service AG Kathleen Jennings)(Ramirez, Stefanie) (Entered: 05/29/2024)

Case Assigned/Reassigned

Case Assigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb)

- CORRECTING ENTRY

CORRECTING ENTRY: The Motion for Protective Order filed at D.I. 13 has been removed from the docket as the filing was duplicative of the motion filed at D.I. 10 . (ceg)

CORRECTING ENTRY:

SO ORDERED

SO ORDERED, re 4 MOTION for Pro Hac Vice Appearance of Attorney Kathleen L. Millian; 5 MOTION for Pro Hac Vice Appearance of Attorney Zenia Sanchez Fuentes; 6 MOTION for Pro Hac Vice Appearance of Attorney Todd A. Gluckman; 7 MOTION for Pro Hac Vice Appearance of Attorney Michael L. Huang filed by Community Legal Aid Society, Inc., filed by Community Legal Aid Society, Inc. Ordered by Judge Jennifer L. Hall on 6/3/2024. (ceg)

Add Attorneys - PHV only

Pro Hac Vice Attorney Michael Huang for Community Legal Aid Society, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam)

Pro Hac Vice Attorney Zenia Sanchez Fuentes for Community Legal Aid Society, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam)

Pro Hac Vice Attorney Todd Gluckman for Community Legal Aid Society, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam)

Pro Hac Vice Attorney Kathleen Millian for Community Legal Aid Society, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (oam)

Add Attorneys Pro Hac Vice

ORAL ORDER: This case is related to a number of cases currently pending before Judge Fallon. As such, the Court encourages the parties to also consider consenting to the jurisdiction of Magistrate Judge Fallon in this matter. On or before June 14, 2024, the parties shall either (1) submit to the Clerk of Court an executed Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; or (2) file a joint letter indicating that both parties do not so consent. The letter should not indicate which party or parties did not consent. If the parties consent, the Court will assign the case(s) to Judge Fallon. Ordered by Judge Jennifer L. Hall on 6/7/2024. (ceg) (Entered: 06/07/2024)

NOTICE of Appearance by Elizabeth Chaney Hall on behalf of Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick (Hall, Elizabeth) (Entered: 06/07/2024)

Order AND ~Util - Set Deadlines

STIPULATION and [Proposed] Order to Extend Time to Respond to Complaint and Motion for Preliminary Injunction - filed by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) Modified on 6/10/2024 (ceg). (Entered: 06/10/2024)

SO ORDERED, re 23 Stipulation and Order to Extend Time to Respond to Complaint and Motion for Preliminary Injunction. (*Reset Answer Deadlines: Adult and Prison Education Resources Workgroup answer due 7/18/2024; Delaware Department of Correction answer due 7/18/2024; Delaware Department of Education answer due 7/18/2024; Maureen Forde-Whelan answer due 7/18/2024; Mark A. Holodick answer due 7/18/2024; Terra Taylor answer due 7/18/2024). (*Reset Briefing Schedule re 15 MOTION for Preliminary Injunction: Answering Brief due 6/25/2024). Signed by Judge Jennifer L. Hall on 6/13/2024. (ceg) (Entered: 06/13/2024)

NOTICE of Appearance by Marisa R. De Feo on behalf of Delaware Department of Correction, Terra Taylor (De Feo, Marisa) (Entered: 06/14/2024)

CERTIFICATE OF SERVICE of Eleven Confidential Exhibits Supporting Its Motion for Preliminary Injunction by Community Legal Aid Society, Inc. re 17 Appendix (Ramirez, Stefanie) (Entered: 06/14/2024)

ORDER granting 14 Plaintiff's Motion to File Eleven Exhibits Supporting its Motion for a Preliminary Injunction Under Seal. (*See Order for details). Signed by Judge Jennifer L. Hall on 6/17/2024. (ceg) (Entered: 06/17/2024)

CONSENT to Jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Sherry R. Fallon. Signed by Judge Jennifer L. Hall on 6/17/2024. (ceg) (Entered: 06/17/2024)

PROTECTIVE ORDER- re 10 MOTION for Protective Order. Signed by Judge Sherry R. Fallon on 6/17/2024. (lih) (Entered: 06/17/2024)

Deficiency re Courtesy Copies (SRF cases)

- CORRECTING ENTRY

Notice re Courtesy Copies

CORRECTING ENTRY:

REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. # 15, 16 and 17 in an envelope or box addressed to Judge Fallon's chambers. Counsel is advised to ensure that each document's D.I. number is written in the upper right-hand corner of each courtesy copy. Counsel is also advised that each document must be bound in accordance with Local Rule 7.1.3(a). (lih)

CORRECTING ENTRY: The pdf of D.I. 22 has been replaced with a signed version of the document. (lih)

[SEALED] APPENDIX re 17 Appendix by Community Legal Aid Society, Inc.. (Attachments: # 1 Certificate of Service)(Ramirez, Stefanie) Modified on 6/18/2024 (lih). (Entered: 06/18/2024)

- CORRECTING ENTRY

CORRECTING ENTRY: Pursuant to a conversation with the filer, the documents previously filed as D.I. 30 and 31 have been deleted. (lih)

CORRECTING ENTRY:

Letter to The Honorable Jennifer J. Hall from James D. Taylor, Jr. re 15 MOTION for Preliminary Injunction. (Taylor, James) Modified on 6/25/2024 (lih). (Entered: 06/25/2024)

ANSWERING BRIEF in Opposition re 15 MOTION for Preliminary Injunction filed by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick.Reply Brief due date per Local Rules is 7/2/2024. (Hall, Elizabeth) (Entered: 06/25/2024)

DECLARATION re 32 Answering Brief in Opposition, by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Hall, Elizabeth) (Entered: 06/25/2024)

DECLARATION re 32 Answering Brief in Opposition, by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hall, Elizabeth) (Entered: 06/25/2024)

[SEALED] EXHIBIT re 34 Declaration, by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/25/2024)

[SEALED] DECLARATION re 34 Declaration, by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/25/2024)

[SEALED] EXHIBIT re 34 Declaration, by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/25/2024)

[SEALED] EXHIBIT re 34 Declaration, by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/25/2024)

REDACTED VERSION of 35 Exhibit to a Document by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/28/2024)

REDACTED VERSION of 37 Exhibit to a Document by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/28/2024)

Exhibit to a Document

REDACTED VERSION of 36 Declaration by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/28/2024)

Exhibit to a Document

REDACTED VERSION of 38 Exhibit to a Document by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 06/28/2024)

- CORRECTING ENTRY

CORRECTING ENTRY:

CORRECTING ENTRY: The redacted documents previously filed as D.I. 41 and 42 have been deleted pursuant to a conversation with the filer. Documents will be re-filed shortly. (lih)

REPLY BRIEF re 15 MOTION for Preliminary Injunction filed by Community Legal Aid Society, Inc.. (Ramirez, Stefanie) (Entered: 07/02/2024)

Supplemental APPENDIX re 43 Reply Brief by Community Legal Aid Society, Inc.. (Ramirez, Stefanie) Modified on 7/2/2024 (lih). (Entered: 07/02/2024)

REQUEST for Oral Argument by Community Legal Aid Society, Inc. re 15 MOTION for Preliminary Injunction . (Ramirez, Stefanie) (Entered: 07/02/2024)

ORAL ORDER- IT IS HEREBY ORDERED that the court shall hear argument re 15 MOTION for Preliminary Injunction on 9/19/2024 at 02:00 PM in Courtroom 6C before Judge Sherry R. Fallon. IT IS FURTHER ORDERED that on or before 9/12/2024 the parties shall submit a joint agenda, limited to no more than two pages, that (1) outlines an estimate of how much time is requested for the hearing; (2) the presentation of argument; (3) identifies which attorneys will present argument; (3) sets forth how much time each attorney will use; and (4) a statement regarding whether any live testimony is anticipated. Any slide presentations the parties plan on using during the hearing should be emailed (in PDF format) to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov by no later than 11:00 AM on 9/18/2024. The Court may choose to resolve the motion prior to the hearing and will, in that event, cancel the hearing. Ordered by Judge Sherry R. Fallon on 7/2/2024. (lih) (Entered: 07/02/2024)

Oral Order AND ~Util - Set Deadlines AND ~Util - Set Hearings

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and Failure to State a Claim - filed by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Attachments: # 1 Text of Proposed Order)(Hall, Elizabeth) Modified on 7/19/2024 (lih). (Entered: 07/18/2024)

OPENING BRIEF in Support re 47 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and Failure to State a Claim filed by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick.Answering Brief/Response due date per Local Rules is 8/1/2024. (Hall, Elizabeth) Modified on 7/19/2024 (lih). (Entered: 07/18/2024)

Joinder

JOINDER by Delaware Department of Correction, Terra Taylor, joining in 47 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and Failure to State a Claim . (De Feo, Marisa) Modified on 7/22/2024 (lih). (Entered: 07/19/2024)

- CORRECTING ENTRY

CORRECTING ENTRY:

CORRECTING ENTRY: The joinder previously filed as D.I. 49 has been deleted due to the document being filed incorrectly. Counsel is advised to refile the document using the JOINDER event code and not the motion event code. (lih)

STIPULATION TO EXTEND TIME to file response to Defendants' Motion to Dismiss to August 8, 2024 - filed by Community Legal Aid Society, Inc.. (Ramirez, Stefanie) (Entered: 07/30/2024)

SO ORDERED AND ~Util - Set Briefing Schedule - open,ans,reply,surreply

SO ORDERED

SO ORDERED- re 50 STIPULATION TO EXTEND TIME. Set Briefing Schedule: re 47 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and Failure to State a Claim. (Answering Brief due 8/8/2024., Reply Brief due 8/22/2024.) Signed by Judge Sherry R. Fallon on 7/30/2024. (lih)

ANSWERING BRIEF in Opposition re 47 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and Failure to State a Claim filed by Community Legal Aid Society, Inc..Reply Brief due date per Local Rules is 8/15/2024. (Attachments: # 1 Text of Proposed Order)(Band, Marissa) Modified on 8/8/2024 (lih). (Entered: 08/08/2024)

Supplemental APPENDIX re 51 Answering Brief in Opposition, by Community Legal Aid Society, Inc.. (Band, Marissa) Modified on 8/8/2024 (lih). (Entered: 08/08/2024)

NOTICE of Appearance by Robyn Bitner on behalf of U.S. Department of Justice (Bitner, Robyn) (Entered: 08/13/2024)

STATEMENT of Interest by U.S. Department of Justice. (Bitner, Robyn) Modified on 8/14/2024 (lih). (Entered: 08/13/2024)

Joint RESPONSE to Order re 46 Oral Order. (Ramirez, Stefanie) Modified on 8/15/2024 (lih). (Entered: 08/15/2024)

ORAL ORDER- re 55 Joint Response to Order. IT IS HEREBY ORDERED that counsel shall collectively have two hours to present argument during the Motion Hearing set for September 19, 2024 at 2:00 p.m. Ordered by Judge Sherry R. Fallon on 8/15/2024. (lih) (Entered: 08/15/2024)

Oral Order

NOTICE of Appearance by Joshua Kyle Tufts on behalf of Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick (Tufts, Joshua) (Entered: 08/22/2024)

REPLY BRIEF re 47 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter and Failure to State a Claim filed by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) (Entered: 08/22/2024)

Response re 54 Statement by Adult and Prison Education Resources Workgroup, Delaware Department of Education, Maureen Forde-Whelan, Mark A. Holodick. (Hall, Elizabeth) Modified on 9/5/2024 (lih). (Entered: 09/03/2024)

Motion Hearing