Case: S.C. v. Calkins

NOTICE OF REMOVAL by Greenwood Publishing Group, LLC (d/b/a Heinemann Publishing), Board of Trustees of Teachers College, Columbia University, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC (d/b/a The Reading & Writing Project at Mossflower, LLC), Fountas and Pinnell, LLC, HMH Education Company ( Filing fee: $ 405, receipt number AMADC-10770612 Fee Status: Filing Fee paid) (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet, # (3) Category Form)(Ellsworth, Felicia)

1 Exhibit A

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2 Civil Cover Sheet

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3 Category Form

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CORPORATE DISCLOSURE STATEMENT by HMH Education Company identifying Corporate Parent HMH Company for HMH Education Company.. (Ellsworth, Felicia)

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (Phillips, Sophie)

NOTICE of Appearance by Andres R. O'Laughlin on behalf of Greenwood Publishing Group, LLC, HMH Education Company (O'Laughlin, Andres)

Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Cook, Savannah)

Notice of Case Assignment

Certified Copy of Notice of Removal Provided to Defense Counsel

NOTICE of Appearance by David G. Thomas on behalf of Lucy Calkins, RWPN, LLC (Thomas, David)

Assented to MOTION for Extension of Time to February 6, 2025 to File Answer by Greenwood Publishing Group, LLC, Board of Trustees of Teachers College, Columbia University, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company.(Ellsworth, Felicia)

SUMMONS Returned Executed Gay Su Pinnell served on 12/20/2024, answer due 1/10/2025. (Caramadre, Amelia)

SUMMONS Returned Executed Greenwood Publishing Group, LLC served on 12/20/2024, answer due 1/10/2025. (Caramadre, Amelia)

SUMMONS Returned Executed HMH Education Company served on 12/20/2024, answer due 1/10/2025. (Caramadre, Amelia)

SUMMONS Returned Executed Irene Fountas served on 12/20/2024, answer due 1/10/2025. (Caramadre, Amelia)

SUMMONS Returned Executed Lucy Calkins served on 12/20/2024, answer due 1/10/2025. (Caramadre, Amelia)

SUMMONS Returned Executed RWPN, LLC served on 12/20/2024, answer due 1/10/2025. (Caramadre, Amelia)

SUMMONS Returned Executed Fountas and Pinnell, LLC served on 12/30/2024, answer due 1/21/2025. (Caramadre, Amelia)

NOTICE of Appearance by Javier F. Flores on behalf of Irene Fountas (Flores, Javier)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [7] Motion for Extension of Time to Answer as to all Defendants. Answers due 2/6/2025. (JAM)

NOTICE of Appearance by Alexandra C. Warren on behalf of S.C., K.C., R.H. (Attachments: # (1) Appendix A)(Warren, Alexandra)

Order on Motion for Extension of Time to Answer

NOTICE of Withdrawal of Appearance by Amelia Caramadre (A. Warren) (Caramadre, Amelia)

MOTION for Leave to Appear Pro Hac Vice for admission of Alexandra Warren Filing fee: $ 125, receipt number AMADC-10788702 by S.C., K.C., R.H. (Attachments: # (1) Declaration)(Caramadre, Amelia)

1 Declaration

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MOTION for Leave to Appear Pro Hac Vice for admission of Charles J. LaDuca Filing fee: $ 125, receipt number AMADC-10788731 by S.C., K.C., R.H.. (Attachments: # (1) Declaration)(Caramadre, Amelia)

MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Flannery Filing fee: $ 125, receipt number AMADC-10788733 by S.C., K.C., R.H.. (Attachments: # (1) Declaration)(Caramadre, Amelia)

MOTION for Leave to Appear Pro Hac Vice for admission of R. Michael Smith Filing fee: $ 125, receipt number AMADC-10788734 by S.C., K.C., R.H.. (Attachments: # (1) Declaration)(Caramadre, Amelia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [19] Motion for Leave to Appear Pro Hac Vice Added Alexandra Warren; [20] Motion for Leave to Appear Pro Hac Vice Added Charles J. LaDuca; [21] Motion for Leave to Appear Pro Hac Vice Added Michael J. Flannery. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [22] Motion for Leave to Appear Pro Hac Vice Added R. Michael Smith. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM)

NOTICE of Appearance by Angela Bunnell on behalf of Lucy Calkins, RWPN, LLC (Bunnell, Angela)

STATE COURT Record. (Ellsworth, Felicia)

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

Order on Motion for Leave to Appear

NOTICE of Appearance by Ralph Michael Smith on behalf of K.C. (Attachments: # (1) Appendix A)(Smith, Ralph)

MOTION for Leave to Appear Pro Hac Vice for admission of Sarah Grady Filing fee: $ 125, receipt number AMADC-10798290 by S.C., K.C., R.H.. (Attachments: # (1) Declaration)(Caramadre, Amelia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [28] Motion for Leave to Appear Pro Hac Vice Added Sarah Grady. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM)

Order on Motion for Leave to Appear

Assented to MOTION for Leave to File Excess Pages /Modify Page Limits for Rule 12 Motion by Greenwood Publishing Group, LLC, HMH Education Company.(Ellsworth, Felicia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [30] Motion for Leave to File Excess Pages. In light of defendants' intention to file one omnibus motion, it may be up to 40 pages in length. (Zierk, Marsha)

WAIVER OF SERVICE Returned Executed by R.H., K.C., S.C.. Board of Trustees of Teachers College, Columbia University waiver sent on 1/30/2025, answer due 3/31/2025. (Caramadre, Amelia)

Order on Motion for Leave to File Excess Pages

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Alternatively Strike the Class Allegations by Greenwood Publishing Group, LLC, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company.(Ellsworth, Felicia)

MEMORANDUM OF LAW by Greenwood Publishing Group, LLC, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company to [33] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Alternatively Strike the Class Allegations. (Ellsworth, Felicia)

DECLARATION re [33] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Alternatively Strike the Class Allegations by Greenwood Publishing Group, LLC, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Ellsworth, Felicia)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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NOTICE of Appearance by Javier F. Flores on behalf of Gay Su Pinnell, Fountas and Pinnell, LLC (Flores, Javier)

CORPORATE DISCLOSURE STATEMENT by Fountas and Pinnell, LLC identifying Other Affiliate Gay Su Pinnell for Fountas and Pinnell, LLC.. (Flores, Javier)

NOTICE of Appearance by Sarah Grady on behalf of S.C., K.C., R.H. (Grady, Sarah)

NOTICE of Appearance by Daryl J. Lapp on behalf of Board of Trustees of Teachers College, Columbia University (Lapp, Daryl)

CORPORATE DISCLOSURE STATEMENT by Board of Trustees of Teachers College, Columbia University. (Lapp, Daryl)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael E. Baughman Filing fee: $ 125, receipt number AMADC-10836806 by Board of Trustees of Teachers College, Columbia University. (Attachments: # (1) Affidavit Certification in Support of Motion for Pro Hac Vice Admission)(Lapp, Daryl)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [41] Motion for Leave to Appear Pro Hac Vice Added Michael E. Baughman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM)

Order on Motion for Leave to Appear

NOTICE of Appearance by Michael Edward Baughman on behalf of Board of Trustees of Teachers College, Columbia University (Baughman, Michael)

Assented to MOTION for Extension of Time to 03/13/2025 to Amend Complaint by S.C., K.C., R.H..(Grady, Sarah)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [44] Motion for Extension of Time. An opposition or amended complaint is due March 13, 2025. (RGS, law3)

Order on Motion for Extension of Time

CORPORATE DISCLOSURE STATEMENT by Lucy Calkins, RWPN, LLC. (Thomas, David)

AMENDED COMPLAINT against All Defendants, filed by S.C., K.C., R.H..(Caramadre, Amelia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot [33] Motion to Dismiss for Failure to State a Claim. Defendants' response to the Amended Complaint is due March 27, 2025. (RGS, law3)

Order on Motion to Dismiss for Failure to State a Claim

Assented to MOTION for Extension of Time to April 8, 2025 to File Answer to Plaintiffs' Amended Complaint, Assented to MOTION for Leave to File Excess Pages / Modify Page Limits for Rule 12 Motion ( Responses due by 4/1/2025) by Greenwood Publishing Group, LLC, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company.(Ellsworth, Felicia)

Assented to MOTION for Extension of Time to April 10, 2025 to File Answer re [47] Amended Complaint by Board of Trustees of Teachers College, Columbia University.(Lapp, Daryl)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [49] Motion for Extension of Time to Answer; granting [49] Motion for Leave to File Excess Pages; granting [50] Motion for Extension of Time to Answer. (RGS, law3)

Order on Motion for Extension of Time to Answer AND Order on Motion for Extension of Time to Answer AND Order on Motion for Leave to File Excess Pages

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, in the Alternative, Motion to Strike Class Allegations by Greenwood Publishing Group, LLC, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company.(Ellsworth, Felicia)

MEMORANDUM in Support re [52] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, in the Alternative, Motion to Strike Class Allegations filed by Greenwood Publishing Group, LLC, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company. (Ellsworth, Felicia)

DECLARATION re [52] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, in the Alternative, Motion to Strike Class Allegations by Greenwood Publishing Group, LLC, Lucy Calkins, Irene Fountas, Gay Su Pinnell, RWPN, LLC, Fountas and Pinnell, LLC, HMH Education Company. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Ellsworth, Felicia)

MOTION for Extension of Time to 05/07/2025 to file opposition to Motion to Dismiss FAC by S.C., K.C., R.H..(Warren, Alexandra)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [55] Motion for Extension of Time. Plaintiffs may file an opposition of no more than 40 pages by May 7, 2025. (RGS, law3)

Order on Motion for Extension of Time

MOTION to Dismiss by Board of Trustees of Teachers College, Columbia University.(Lapp, Daryl)

MEMORANDUM in Support re [57] MOTION to Dismiss filed by Board of Trustees of Teachers College, Columbia University. (Lapp, Daryl)

MOTION for Extension of Time to 05/07/2025 to file opposition to Motion to Dismiss by S.C., K.C., R.H..(Warren, Alexandra)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [59] Motion for Extension of Time. (RGS, law3)

Order on Motion for Extension of Time

MOTION for Leave to Appear Pro Hac Vice for admission of Charles Barrett Filing fee: $ 125, receipt number CMADC-10986070 by K.C., R.H., S.C.. (Attachments: # (1) Declaration)(Caramadre, Amelia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [61] Motion for Leave to Appear Pro Hac Vice Added Charles Barrett. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM)

Order on Motion for Leave to Appear

Opposition re [52] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, in the Alternative, Motion to Strike Class Allegations filed by K.C., R.H., S.C.. (Warren, Alexandra)

Opposition re [57] MOTION to Dismiss filed by K.C., R.H., S.C.. (Warren, Alexandra)

Assented to MOTION for Leave to File Reply to Plaintiffs' Opposition to Defendants' Rule 12 Motion by Lucy Calkins, Irene Fountas, Fountas and Pinnell, LLC, Greenwood Publishing Group, LLC, HMH Education Company, Gay Su Pinnell, RWPN, LLC.(Ellsworth, Felicia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [65] Motion for Leave to File Document. Defendants may file a reply of no more than 20 pages by May 21, 2025. (RGS, law3)

Order on Motion for Leave to File Document

Assented to MOTION for Leave to File Reply by Board of Trustees of Teachers College, Columbia University.(Lapp, Daryl)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [67] Motion for Leave to File Document. Defendant Teachers College may file a reply of no more than ten (10) pages by May 21, 2025. (RGS, law3)

Order on Motion for Leave to File Document

MOTION for Leave to Appear Pro Hac Vice for admission of Julianne Piotrowski Filing fee: $ 125, receipt number BMADC-11007590 by K.C., R.H., S.C.. (Attachments: # (1) Declaration)(Caramadre, Amelia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [69] Motion for Leave to Appear Pro Hac Vice Added Julianne Piotrowski. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM)

Order on Motion for Leave to Appear

REPLY to Response to [57] MOTION to Dismiss filed by Board of Trustees of Teachers College, Columbia University. (Lapp, Daryl)

REPLY to Response to [52] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, in the Alternative, Motion to Strike Class Allegations filed by Lucy Calkins, Irene Fountas, Fountas and Pinnell, LLC, Greenwood Publishing Group, LLC, HMH Education Company, Gay Su Pinnell, RWPN, LLC. (Ellsworth, Felicia)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [52] Motion to Dismiss for Failure to State a Claim; granting [57] Motion to Dismiss.The court begins (and ends) its analysis with the educational malpractice bar, which, despite the dearth of state court cases directly addressing the issue, plaintiffs do not contest is viable in Massachusetts. Plaintiffs contend that their claims survive the educational malpractice bar because they are based on misrepresentations used in the marketing of defendants' products, not on the educational quality of those products. See Opp'n [Dkt # 63] at 10 ("Here, the 'essence' of the action is that Defendants misrepresented that the Literacy Products were research-backed to increase their profits."). But the court is not convinced. Because the Amended Complaint acknowledges that defendants have cited at least some research in support of their products, the allegation of misrepresentation is best understood as arising from some purported inadequacy in that research -- that (1) the recited studies are unreliable, suffer from methodological flaws, and lack any sound educational theory or foundation, or (2) a literacy curriculum cannot, as a matter of law, be researched-based if it does not use phonics -- rather than its non-existence. The court cannot find defendants' research inadequate, however, without delving into the merits of defendants' approaches to literacy education (or calling into question the judgment of the professional educators who chose to adopt defendants' literacy programs despite the existence of purportedly glaring flaws in the supporting research and a purportedly overwhelming scientific consensus in favor of phonics). In any event, even if the court construed plaintiffs' claims to target something other than educational quality, the nature of the alleged harm -- developmental delays and associated emotional/economic distress -- would nonetheless bring the claims within the scope of the bar. Any inquiry into causation for such injuries would necessarily require the court to assess "the quality of the educational program offered by the Plaintiffs' schools and the degree to which deficiencies, if any, are attributable to the content of the Literacy Materials." Reply [Dkt # 72] at 3-4; cf. Barkhordar v. President & Fellows of Harvard Coll., 544 F. Supp. 3d 203, 209 (D. Mass. 2021) (noting that even a breach of contract claim based on a failure to provide promised services could run afoul of the educational malpractice bar if determining damages would require an assessment of educational quality). (RGS, law3)

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (NMC)

Order on Motion to Dismiss AND Order on Motion to Dismiss for Failure to State a Claim