Case: Beth V. v. Carroll

2:93-cv-04418 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 16, 1993

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On August 16, 1993, several children with disabilities, by and through their parents, filed this class action lawsuit in the United States District Court for the Eastern District of Pennsylvania under 42 U.S.C. § 1983, § 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act ("IDEA"). The Plaintiffs, represented by the Education Law Center and private counsel, sought declaratory and injunctive relief, claiming that the Pennsylvania Department of Education Division of…

On August 16, 1993, several children with disabilities, by and through their parents, filed this class action lawsuit in the United States District Court for the Eastern District of Pennsylvania under 42 U.S.C. § 1983, § 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act ("IDEA"). The Plaintiffs, represented by the Education Law Center and private counsel, sought declaratory and injunctive relief, claiming that the Pennsylvania Department of Education Division of Compliance ("DOC") failed to maintain a timely complaint resolution system as required by IDEA. Specifically, the plaintiffs claimed that the DOC failed to resolve complaints within the 60 day time limit, failed to monitor and enforce corrective orders, and failed to properly address all allegations made in various complaints.

On February 14, 1995, the Court (Judge Anita Blumstein Brody) granted summary judgment for the DOC, holding that there was no private right of action under IDEA or § 504 of the Rehabilitation Act, and that there was no indirect right of action under § 1983. Beth V. v. Carroll, 876 F.Supp. 1415 (E.D. Pa. 1995). On June 25, 1996, however, the Third Circuit Court of Appeals (Judge Dolores Korman Sloviter) reversed the district court's ruling, noting that the Plaintiffs alleged system-wide failure, which may in certain cases waive the requirement that the plaintiffs exhaust administrative remedies before filing suit. Since the district court dismissed the case before exploring this option, the Third Circuit remanded the case for further consideration. Beth V. v. Carroll, 87 F.3d 80 (3rd Cir. 1996).

On November 12, 1996, the District Court granted class certification, however for for reasons not apparent, the case was put in "civil suspense" on February 28, 1997.

On August 12, 1998, the plaintiffs voluntarily dismissed the case. We have no firther information about this case.

Summary Authors

Joshua Arocho (7/30/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6723249/parties/v-v-carroll/


Judge(s)

Brody, Anita Blumstein (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Fieo, Alyssa R. (Pennsylvania)

Scanlon, Mary Gay (Pennsylvania)

Stotland, Janet F. (Pennsylvania)

Attorneys(s) for Defendant

Edney, Marsha S. (District of Columbia)

Tesoro, Claudia M (Pennsylvania)

Expert/Monitor/Master

Putnam, Alfred W. Jr. (Pennsylvania)

Judge(s)

Brody, Anita Blumstein (Pennsylvania)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Fieo, Alyssa R. (Pennsylvania)

Scanlon, Mary Gay (Pennsylvania)

Stotland, Janet F. (Pennsylvania)

Attorneys(s) for Defendant

Edney, Marsha S. (District of Columbia)

Tesoro, Claudia M (Pennsylvania)

Expert/Monitor/Master

Putnam, Alfred W. Jr. (Pennsylvania)

Documents in the Clearinghouse

Document

2:93-cv-04418

Docket [PACER]

V. v. Carroll

Nov. 30, 1998

Nov. 30, 1998

Docket
44

2:93-cv-04418

Amplified Opinion Pursuant to Third Circuit Rule 3.1 (rev'd by 3rd Cir. 6/25/96)

Feb. 14, 1995

Feb. 14, 1995

Order/Opinion

2:93-cv-04418

Opinion of the Court

U. S. Court of Appeals for the Third Circuit

June 25, 1996

June 25, 1996

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6723249/v-v-carroll/

Last updated Sept. 4, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. filing fee $ 120 receipt # 406143 (mrs) (Entered: 08/16/1993)

Aug. 16, 1993

Aug. 16, 1993

PACER

Summons(es) issued Forwarded to: mailed to counsel 08/17/93 (mrs)

Aug. 16, 1993

Aug. 16, 1993

PACER

Standard Case Management Track. (mrs)

Aug. 16, 1993

Aug. 16, 1993

PACER
2

STIPULATION AND ORDER THAT THE COMMONWEALTH DEFTS DEPARTMENT OF ED., AND DONALD M. CARROLL JR. MAY HAVE UNTIL 10/15/93, TO ANSWER, PLEAD, OR OTHERWISE MOVE IN RESPONSE TO PLFFS' COMPLAINT (Attorney: CLAUDIA M. TESORO) . (SIGNED BY JUDGE ANITA B. BRODY) 10/8/93 ENTERED AND COPIES MAILED. (fe) (Entered: 10/08/1993)

Oct. 7, 1993

Oct. 7, 1993

PACER
3

Answer to Complaint by DEFENDANT DONALD M. CARROLL JR., DEFENDANT DEPARTMENT OF ED., Certificate of service (ph) (Entered: 10/18/1993)

Oct. 15, 1993

Oct. 15, 1993

PACER

ISSUE JOINED. (ph)

Oct. 15, 1993

Oct. 15, 1993

PACER
4

STIPULATION AND ORDER THAT FEDERAL DEFT'S TIME IN WHICH TO FILE AN ANSWER OR OTHERWISE PLEAD IS HEREBY EXTENDED UNTIL 11/4/93. ( SIGNED BY JUDGE ANITA B. BRODY ) 10/22/93 ENTERED AND COPIES MAILED. (kw) (Entered: 10/22/1993)

Oct. 21, 1993

Oct. 21, 1993

PACER
5

MOTION by DEFENDANT DEPARTMENT OF ED., DEFENDANT RICHARD W. RILEY TO DISMISS THE COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) (Entered: 11/04/1993)

Nov. 4, 1993

Nov. 4, 1993

PACER
6

MOTION BY PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION FOR CLASS CERTIFICATION, MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 11/16/1993)

Nov. 15, 1993

Nov. 15, 1993

PACER
7

Notice of hearing: set PRETRIAL CONFERENCE FOR 4:15 12/9/93 (gn) (Entered: 11/24/1993)

Nov. 23, 1993

Nov. 23, 1993

PACER
8

ORDER, THAT THE PRETRIAL CONFERENCE SCHEDULED FOR 12/9/93 AT 4:15 P.M. HAS BEEN RESCHEDULED reset PRETRIAL CONFERENCE FOR 4:00 12/20/93 ( SIGNED BY JUDGE ANITA B. BRODY ) 12/9/93 ENTERED AND COPIES MAILED. (gn) (Entered: 12/09/1993)

Dec. 9, 1993

Dec. 9, 1993

PACER
9

SCHEDULING ORDER SETTING DEADLINE FOR FILING ALL DISPOSITIVE MOTIONS 8/1/94; DISCOVERY CUTOFF 4/29/94; TRIAL POOL DEADLINE SET FOR 10/3/94, THE COMMONWEALTH'S RESPONSE TO MOTION [6-1] MOTION FOR CLASS CERTIFICATION FOR 1/28/94 ( SIGNED BY JUDGE ANITA B. BRODY ) 12/22/93 ENTERED AND COPIES MAILED. (gn) (Entered: 12/22/1993)

Dec. 22, 1993

Dec. 22, 1993

PACER
10

ORDER THAT THIS CASE IS DISMISSED WITH PREJUDICE AGAINST DEFT, RICHARD W. RILEY, SECRETARY OF EDUCATION OF THE U.S. OF AMERICA, ONLY. ( SIGNED BY JUDGE ANITA B. BRODY ) 1/4/94 ENTERED AND COPIES MAILED. (sc) (Entered: 01/04/1994)

Jan. 3, 1994

Jan. 3, 1994

PACER
11

Stipulation between counsel re: Class Certification. (gn) (Entered: 01/28/1994)

Jan. 28, 1994

Jan. 28, 1994

PACER
12

Minute entry: 4/7/94 RE: In chambers conference on Plffs' Motion for Delcaratory and Injunctive Relief. Motion C.A.V. (aa) (Entered: 04/08/1994)

April 7, 1994

April 7, 1994

PACER
13

Transcript of Chambers Conference 4/7/94. (gn) (Entered: 04/29/1994)

April 29, 1994

April 29, 1994

PACER
14

MEMORANDUM OPINION ( SIGNED BY JUDGE ANITA B. BRODY ) 6/1/94 ENTERED AND COPIES MAILED. (gn) (Entered: 06/01/1994)

May 31, 1994

May 31, 1994

PACER
15

ORDER THAT THIS MATTER IS REFERRED TO ALFRED W. PUTNAM, JR., DRINKER, BIDDLE & REATH, TO ACT AS SPECIAL MASTER TO CONDUCT SUCH EXAMINATION AS HE DEEMS NECESSARY, ETC. (SIGNED BY JUDGE ANITA B. BRODY) 6/13/94 ENTERED AND COPIES MAILED. (td) (Entered: 06/13/1994)

June 10, 1994

June 10, 1994

PACER
16

Appearance of ALYSSA R. FIEO for PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION, Certificate of Service. (gn) (Entered: 06/16/1994)

June 16, 1994

June 16, 1994

PACER
17

MOTION by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (Appendix attached). (gn) Modified on 07/21/1994 (Entered: 07/21/1994)

July 21, 1994

July 21, 1994

PACER
18

Memorandum by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION in support of [17-1] MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (gn) (Entered: 07/21/1994)

July 21, 1994

July 21, 1994

PACER
19

Proposed Findings of Disputed Facts by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION, Certificate of Service. (gn) (Entered: 07/21/1994)

July 21, 1994

July 21, 1994

PACER
20

ORDER EXTENDING TIME UNTIL 8/31/94 WITHIN WHICH THE SPECIAL MASTER SHALL HAVE TO FILE REPORT SETTING FORTH THE RESULTS OF HIS REVIEW & ANY RECOMMENDATIONS ARISING OUT OF THAT REVIEW ( SIGNED BY JUDGE ANITA B. BRODY ) 7/26/94 ENTERED AND COPIES MAILED. (gn) (Entered: 07/26/1994)

July 26, 1994

July 26, 1994

PACER
21

STIPULATION AND ORDER EXTENDING TIME FOR DEFT TO RESPOND TO MOTION RESPONSE TO MOTION reset to 8/20/94 for [17-1] MOTION FOR SUMMARY JUDGMENT ( SIGNED BY JUDGE ANITA B. BRODY ) 8/1/94 ENTERED AND COPIES MAILED. (gn) (Entered: 08/01/1994)

July 29, 1994

July 29, 1994

PACER
22

STIPULATION AND ORDER THAT DEFT MAY HAVE UNTIL AUGUST 31, 1994 TO RESPOND TO PLFF'S MOTION FOR SUMMARY JUDGMENT. ( SIGNED BY JUDGE ANITA B. BRODY ) 8/22/94 ENTERED AND COPIES MAILED. (mc) (Entered: 08/22/1994)

Aug. 22, 1994

Aug. 22, 1994

PACER
23

Report of SPECIAL MASTER ALFRED W. PUTNAM JR. with Appendix. (gn) (Entered: 09/01/1994)

Aug. 31, 1994

Aug. 31, 1994

PACER
24

Response by DEFENDANT DONALD M. CARROLL JR., DEFENDANT DEPARTMENT OF ED. to [17-1] MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (gn) (Entered: 09/01/1994)

Aug. 31, 1994

Aug. 31, 1994

PACER
25

ORDER THAT THE PARTIES ARE GIVEN 20 DAYS FROM THE DATE OF THIS NOTICE IN WHICH TO SUBMIT COMMENTS TO THE COURT ON THE REPORT OF THE SPECIAL MASTER THAT HAS BEEN FILED IN THIS MATTER. ( SIGNED BY JUDGE ANITA B. BRODY ) 9/1/94 ENTERED AND COPIES MAILED. (gn) (Entered: 09/01/1994)

Sept. 1, 1994

Sept. 1, 1994

PACER
26

ORDER THAT PLFF SHALL FILE A RESPONSE TO THE REPORT OF THE SPECIAL MASTER AND DEFT'S ANSWER TO PLFFS' MOTION FOR SUMMARY JUDGMENT set RESPONSE DUE 9/26/94 ( SIGNED BY JUDGE ANITA B. BRODY ) 9/20/94 ENTERED AND COPIES MAILED. (gn) (Entered: 09/20/1994)

Sept. 20, 1994

Sept. 20, 1994

PACER
27

ORDER THAT BOTH PLFFS AND DEFTS SHALL HAVE UNTIL 10/3/94 TO FILE ALL PAPERS REGARDING THEIR CROSS MOTIONS FOR SUMMARY JUDGMENT. ( SIGNED BY JUDGE ANITA B. BRODY ) 9/26/94 ENTERED AND COPIES MAILED. (gn) (Entered: 09/26/1994)

Sept. 26, 1994

Sept. 26, 1994

PACER
28

Response by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION to Report of Special Master, Certificate of Service. (gn) (Entered: 09/26/1994)

Sept. 26, 1994

Sept. 26, 1994

PACER
29

Response by DEFENDANT DONALD M. CARROLL JR., DEFENDANT DEPARTMENT OF ED. to Report of the Special Master, Certificate of Service. (gn) (Entered: 09/26/1994)

Sept. 26, 1994

Sept. 26, 1994

PACER
30

ORDER THAT THE PARTIES ARE GIVEN 10 DAYS FROM THE DATE OF THIS ORDER DURING WHICH TO SUBMIT TO THE COURT ANY COMMENTS CONCERNING THE ATTACHED STATEMENT OF THE SPECIAL MASTER FOR FEES AND EXPENSES IN THIS MATTER. ( SIGNED BY JUDGE ANITA B. BRODY ) 10/3/94 ENTERED AND COPIES MAILED. (gn) (Entered: 10/03/1994)

Oct. 3, 1994

Oct. 3, 1994

PACER
31

Reply by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION to response to [17-1] MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (gn) (Entered: 10/04/1994)

Oct. 3, 1994

Oct. 3, 1994

PACER
32

Comments regarding Statement of Special Master by DEFENDANT DONALD M. CARROLL JR., DEFENDANT DEPARTMENT OF ED., DEFENDANT RICHARD W. RILEY, Certificate of Service. (gn) (Entered: 10/14/1994)

Oct. 13, 1994

Oct. 13, 1994

PACER
33

MEMORANDUM AND ORDER THAT PLFFS' MOTIONS FOR CLASS CERTIFICATION AND FOR SUMMARY JUDGMENT IS DEFERRED PENDING ARGUMENT ON THE MATTERS RAISED IN THIS MEMORANDUM AND ORDER. THE PARTIES SHALL SUBMIT PAPERS RESPONDING TO SUCH MATTERS WITHIN 20 DAYS OF THE FILING OF THIS MEMORANDUM AND ORDER. EACH PARTY SHALL REPLY TO ANY SUBMISSION BY ITS ADVERSARY WITHIN 10 DAYS OF THE FILING THEREOF. THE PARTIES WILL BE NOTIFIED OF THE DATE AND TIME FOR ORAL ARGUMENT OF THE POINTS RAISED IN THE PARTIES' WRITTEN SUBMISSIONS. ( SIGNED BY JUDGE ANITA B. BRODY ) 10/25/94 ENTERED AND COPIES MAILED. (gn) (Entered: 10/25/1994)

Oct. 25, 1994

Oct. 25, 1994

PACER
34

ORDER THAT THE APPLICATION OF THE SPECIAL MASTER FOR FEES & EXPENSES IN THIS MATTER IS APPROVED AND GRANTED IN ITS ENTIRETY, TO BE PAID BY DEFTS IN ACCORDANCE WITH THIS COURT'S MEMORANDUM OF 5/31/94, AND SUBSEQUENT ORDER OF REFERRAL. THE DEFTS ARE GIVEN 60 DAYS FROM THE DATE HEREOF TO COMPLY WITH THIS ORDER. (SIGNED BY JUDGE ANITA B. BRODY) 10/28/94 ENTERED AND COPIES MAILED. (gn) (Entered: 10/28/1994)

Oct. 28, 1994

Oct. 28, 1994

PACER
35

Brief by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION in response to [33-1] ORDER, Certificate of Service. (gn) (Entered: 11/15/1994)

Nov. 14, 1994

Nov. 14, 1994

PACER
36

Response by DEFENDANT DONALD M. CARROLL JR., DEFENDANT DEPARTMENT OF ED., certificate of service. (fe) (Entered: 11/15/1994)

Nov. 14, 1994

Nov. 14, 1994

PACER
37

Reply Memorandum by DEFENDANT DONALD M. CARROLL JR., DEFENDANT DEPARTMENT OF ED. on the "Cause of Action" issue, Certificate of Service. (gn) (Entered: 11/30/1994)

Nov. 29, 1994

Nov. 29, 1994

PACER
38

Plaintiffs' Reply to Defendants' Response to October 25, 1994 Order, Certificate of Service. (ar) (Entered: 12/05/1994)

Dec. 2, 1994

Dec. 2, 1994

PACER
39

OPINION AND ORDER THAT PLFFS MOTION FOR SUMMARY JUDGMENT ON THE DIRECT IDEA CLAIM IS DENIED, AND SUMMARY JUDGMENT ON THE CLAIM IS ENTERED IN FAVOR OF DEFTS; SUMMARY JUDGMENT ON PLFFS SECTION 1983 CLAIM IS ENTERED IN FAVOR OF DEFTS, AND THAT CLAIM IS DISMISSED WITHOUT PREJUDICE TO REASSERT, ETC., PLFFS MOTION TO CERTIFY THE PROPOSED CLASS WITH RESPECT TO THE FOREGOING CLAIMS IS DENIED AS MOOT; ANY RULING ON PLFFS MOTION TO CERTIFY THE PROPOSED CLASS WITH RESPECT TO THEIR REHABILITAITON ACT CLAIM IS DEFERRED PENDING FURTHER LEGAL ARGUMENT ON THAT CLAIM. ( SIGNED BY JUDGE ANITA B. BRODY ) 1/4/95 ENTERED AND COPIES MAILED. (sc) (Entered: 01/04/1995)

Jan. 3, 1995

Jan. 3, 1995

PACER
40

MOTION by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION FOR WITHDRAWAL OF CLAIM & ENTRY OF FINAL JUDGMENT, MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (gn) (Entered: 01/18/1995)

Jan. 18, 1995

Jan. 18, 1995

PACER
41

ORDER GRANTING [40-1] MOTION FOR WITHDRAWAL OF CLAIM & ENTRY OF FINAL JUDGMENT. ( SIGNED BY JUDGE ANITA B. BRODY ) 2/2/95 ENTERED AND COPIES MAILED. (gn) (Entered: 02/02/1995)

Feb. 2, 1995

Feb. 2, 1995

PACER
42

Notice of appeal by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION from the orders dated 1/3/95 & 2/1/95 entering summary judgment in favor of defts, etc. Fee Status: $105.00 . Appeal record due on 3/4/95 Copies to: JUDGE ANITA B. BRODY, Clerk USCA, Appeals Clerk, and ALFRED W. PUTNAM JR., MARSHA S. EDNEY, CLAUDIA M. TESORO, JANET F. STOTLAND, ALYSSA R. FIEO, Certificate of Service. (gn) (Entered: 02/02/1995)

Feb. 2, 1995

Feb. 2, 1995

PACER
43

Copy of Clerk's notice to USCA re: [42-1] appeal . (gn) (Entered: 02/02/1995)

Feb. 2, 1995

Feb. 2, 1995

PACER

Notice of Docketing ROA from USCA Re: [42-1] appeal USCA NUMBER: 95-1097 . 2/7/95 (gn)

Feb. 6, 1995

Feb. 6, 1995

PACER
44

AMPLIFIED OPINION AND ORDER THAT (i) PLFF'S MOTION FOR SUMMARY JUDGMENT ON THE DIRECT IDEA CLAIM IS DENIED, AND SUMMARY JUDGMENT ON THAT CLAIM IS ENTERED IN FAVOR OF PDE; (ii) SUMMARY JUDGMENT ON PLFFS' SECTION 1983 CLAIM IS ENTERED IN FAVOR OF PDE, AND THAT CLAIM IS DISMISSED WITHOUT PREJUDICE TO RE-ASSERT IT IN ACCORDANCE WITH THE TERMS OF THIS OPINION; AND (iii) PLFFS' MOTION TO CERTIFY THESE CLAIMS FOR CLASS TREATMENT IS DENIED AS MOOT. ( SIGNED BY JUDGE ANITA B. BRODY ) 2/15/95 ENTERED AND COPIES MAILED. (gn) (Entered: 02/15/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
45

Copy of TPO form ref: [42-1] appeal . (gn) (Entered: 02/16/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER

RECORD COMPLETE FOR PURPOSES OF APPEAL. TRANSCRIPTS NOT NEEDED. (mk)

Feb. 17, 1995

Feb. 17, 1995

PACER
46

Certified copy of order from USCA dated 7/17/96 Re: The judgment of the District Court entered 2/2/96 is reversed and the cause remanded for further proceedings consistent with the Opinion of this Court. Costs taxed against appellee. (gn) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

PACER
47

SCHEDULING ORDER THAT THE DEFTS SHALL HAVE UNTIL 8/30/96 TO PRODUCE THE DOCUMENTS PLFFS HAVE ALREADY REQUESTED. ALL DISCOVERY BE COMPLETED BY 10/4/96. THE PLFFS SHALL SUBMIT A MEMO OF LAW GIVING ITS POSITION IN SUPPORT OF CLASS CERTIFICATION BY 10/24/96. DEFTS SHALL SUBMIT THEIR RESPONSES BY 11/1/96. THE COURT WILL HOLD A HEARING ON THE ISSUE OF CLASS CERTIFICATION ON 11/8/96 AT 9:30 AM. ( SIGNED BY JUDGE ANITA B. BRODY ) 7/29/96 ENTERED AND COPIES MAILED. (COPIES FAXED ON 7/29/96) (gn) (Entered: 07/29/1996)

July 29, 1996

July 29, 1996

PACER
48

Supplemental Memorandum of PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION in support of their motion for class certification, Certificate of Service. (gn) (Entered: 10/24/1996)

Oct. 24, 1996

Oct. 24, 1996

PACER
49

Defts' Memorandum Regarding Class Certification, Certificate of Service. (gn) (Entered: 11/04/1996)

Nov. 1, 1996

Nov. 1, 1996

PACER
50

ORDER GRANTING PLFFS' MOTION FOR CLASS CERTIFICATION. ( SIGNED BY JUDGE ANITA B. BRODY ) 11/13/96 ENTERED AND MAILED AND FAXED BY CHAMBERS. (gn) (Entered: 11/13/1996)

Nov. 12, 1996

Nov. 12, 1996

PACER
51

ORDER THAT A TELEPHONE CONFERENCE WILL BE HELD ON 1/13/97 AT 10:00AM. ( SIGNED BY JUDGE ANITA B. BRODY ) 12/18/96 ENTERED AND MAILED. (gn) (Entered: 12/18/1996)

Dec. 18, 1996

Dec. 18, 1996

PACER
52

STIPULATION AND ORDER THAT THE COURT PLACE THIS MATTER IN CIVIL SUSPENSE STATUS UNTIL 7/30/98. IF THE PARTIES DOD NOT MOVE TO REACTIVATE THE CASE WITHIN THAT PERIOD, THEY WILL SUBMIT A REQUEST TO THE COURT THAT IT BE VOLUNTARILY DISMISSED WITHOUT PREJUDICE. ( SIGNED BY JUDGE ANITA B. BRODY ) 3/3/97 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 03/03/1997)

Feb. 28, 1997

Feb. 28, 1997

PACER
53

Stipulation of voluntary dismissal without prejudice by PLAINTIFF BETH V., PLAINTIFF YVONNE V., PLAINTIFF BRANDON M., PLAINTIFF FREDERICA M., PLAINTIFF PARENTS UNION as to DEFENDANT DONALD M. CARROLL JR., DEFENDANT DEPARTMENT OF ED., Certificate of Service. (gn) (Entered: 08/13/1998)

Aug. 12, 1998

Aug. 12, 1998

PACER

Case closed (kv)

Nov. 30, 1998

Nov. 30, 1998

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Education

Key Dates

Filing Date: Aug. 16, 1993

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pennsylvania children, parents, and representatives who had used, or would use, complaint resolution procedures required under the Individuals with Disabilities Education Act.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Secretary of Education, Federal

Secretary of Education, State

Department of Education, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 1993 - 1998

Issues

General:

Classification / placement

Funding

Individualized planning

Record-keeping

Records Disclosure

Special education

Staff (number, training, qualifications, wages)

Disability:

disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run