John Mirabella, et al v. William Penn Charter School, et al
| MAUREEN MIRABELLA, INDIVIDUALLY AND ON THEIR OWN BEHALF, JOHN MIRABELLA and JOHN CONNOR MIRABELLA, A MINOR, BY HIS PARENTS, JOHN AND MAUREEN MIRABELLA |
| WILLIAM PENN CHARTER SCHOOL INC, OVERSEERS OF THE PUBLIC SCHOOL and WILLIAM PENN CHARTER SCHOOL |
| 17-1891 |
| April 21, 2017 |
| U.S. Court of Appeals, Third Circuit |
| Americans w/Disabilities Act-Othr |
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| MANDATE ISSUED, filed. (CJG) [Entered: 11/28/2018 07:32 AM] |
ORDER AMENDING OPINION (Coram: HARDIMAN, BIBAS and ROTH, Circuit Judges). The Opinion issued 11/05/2018 is VACATED and an amended opinion will be filed contemporaneously with this order. As the amendment does not affect the judgment, the time for filing the petition for rehearing remains the same. ROTH, Authoring Judge. (JK) [Entered: 11/23/2018 03:30 PM]
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| AMENDED NOT PRECEDENTIAL OPINION Coram: HARDIMAN, BIBAS and ROTH, Circuit Judges. Total Pages: 6. Authoring Judge: ROTH (JK) [Entered: 11/23/2018 03:32 PM] |
| ECF FILER: Response filed by Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc to Motion. Certificate of Service dated 11/21/2018. [17-1891] (SHW) [Entered: 11/21/2018 10:25 AM] |
| ECF FILER: Motion filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella to amend opinion dated 11/05/2018. Certificate of Service dated 11/20/2018. Service made by ECF. [17-1891] (CWH) [Entered: 11/20/2018 10:48 AM] |
| REVIEWED & ADJUSTED Bill of Costs filed. After review, costs will be taxed in the amount of $134.10. (JK) [Entered: 11/19/2018 06:21 PM] |
| ECF FILER: BILL OF COSTS filed on behalf of Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc. Certificate of Service dated 11/16/2018. Service made by ECF, Email. [17-1891] (SHW) [Entered: 11/16/2018 12:40 PM] |
| NOT PRECEDENTIAL OPINION Coram: HARDIMAN, BIBAS and ROTH, Circuit Judges. Total Pages: 5. Judge: ROTH Authoring.--[VACATED PER COURT'S ORDER DATED 11/23/2018 - Edited 11/23/2018 by JK] (JK) [Entered: 11/05/2018 12:19 PM] |
| JUDGMENT, Affirmed. Costs taxed against Appellants. (JK) [Entered: 11/05/2018 12:21 PM] |
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ORDER (HARDIMAN, BIBAS and ROTH, Circuit Judges) granting Motion by Appellees for Leave to File Appellee's Brief and Supplemental Appendix under Seal, filed. Jane R. Roth, Authoring Judge. (EAF) [Entered: 10/26/2018 12:51 PM]
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| COURT MINUTES OF ARGUED/SUBMITTED CASES. [17-2253, 17-1961, 17-1891, 17-1386, 17-3679, 17-2342, 17-1738] (PM) [Entered: 03/23/2018 02:28 PM] |
| SUBMITTED on Friday, March 23, 2018. Panel: HARDIMAN, BIBAS, ROTH, Circuit Judges. (PM) [Entered: 03/23/2018 02:23 PM] |
| Submit Notification for Friday, 03/23/2018. (PM) [Entered: 03/09/2018 04:58 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Scott H. Wolpert, Esq. for Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc. Certificate of Service dated 01/24/2018. Service made by ECF. [17-1891] (SHW) [Entered: 01/24/2018 12:51 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Scott H. Wolpert, Esq. for Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc. Certificate of Service dated 01/24/2018. Service made by ECF. [17-1891] (SHW) [Entered: 01/24/2018 12:47 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Carl W. Hittinger, Esq. for Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella. Certificate of Service dated 01/22/2018. Service made by ECF. [17-1891] (CWH) [Entered: 01/22/2018 10:19 AM] |
| Calendared for Friday, 03/23/2018. Calendar Clerk: PM. (PM) [Entered: 01/19/2018 05:54 PM] |
| HARD COPY RECEIVED from Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc - REDACTED Brief. Copies: 7. (SJB) [Entered: 01/11/2018 01:16 PM] |
| ECF FILER: REDACTED ELECTRONIC BRIEF on behalf of Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc, filed. Certificate of Service dated 01/10/2018 by US mail, ECF. (SHW) [Entered: 01/10/2018 02:28 PM] |
| AMENDED ORDER (Clerk) The foregoing motions, responses and replies are considered. Appellees' motion is granted to the extent it seeks leave to file a supplemental appendix. Appellants' motion to refer the motion to a motions panel is denied. Appellees' motion is referred to the merits panel to the extent it seeks to seal Appellees' brief and the supplemental appendix. Appellee is directed to electronically file a redacted version of the brief with 14 days of the date of this Order, filed. (EAF) [Entered: 01/10/2018 10:14 AM] |
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ORDER (SMITH, Chief Judge, MCKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO and BIBAS, Circuit Judges) denying Motion for hearing en banc filed by Appellants Maureen Mirabella, John Mirabella and John Connor Mirabella, filed. Panel No.: ECO-022. SMITH, Authoring Judge. (JK) [Entered: 01/04/2018 02:28 PM]
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ORDER (Clerk) The foregoing motions, responses, and replies are considered. Appellees' motion is granted to the extent it seeks leave to file a supplemental appendix. Appellants' motion to refer the motion to a motions panel is denied. Appellees' motion is referred to the merits panel to the extent it seeks to seal Appellees' brief and the supplemental appendix. Appellee is directed to electronically file a redacted version of the brief within 10 days of the date of this Order, filed. [See attachment for complete text of Order] (EAF) [Entered: 01/02/2018 03:22 PM]
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| HARD COPY RECEIVED from Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella - Reply Brief. Copies: 7. (KEL) [Entered: 12/28/2017 12:19 PM] |
| ECF FILER: Reply by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella in support of Motion, filed. Certificate of Service dated 12/28/2017. Service made by ECF. --[Edited 01/02/2018 by EAF - Text edited] (CWH) [Entered: 12/28/2017 04:00 PM] |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella, filed. Certificate of Service dated 12/27/2017 by ECF. (CWH) [Entered: 12/27/2017 11:26 AM] |
| ECF FILER: Reply by Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc to Appellant's Response to Motion for Leave to Supplement Appendix and to File Brief and Supplemental Appendix Under Seal, filed. Certificate of Service dated 12/27/2017. Service made by ECF, US mail. --[Edited 01/02/2018 by EAF - Text edited] (SHW) [Entered: 12/27/2017 02:59 PM] |
| ECF FILER: Response filed by Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc in Opposition to Appellant's Motion to Refer to Motions Panel Appellee's Motion for Leave to Supplement Appendix and to File Brief and Supplemental Appendix Under seal. Certificate of Service dated 12/27/2017. --[Edited 01/02/2018 by EAF - text edited] (SHW) [Entered: 12/27/2017 03:05 PM] |
| ECF FILER: MOTION filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella to Refer to Motions Panel Appellee's Motion for Leave to Supplement Appendix and to File Under Seal, filed. Certificate of Service dated 12/20/2017 by ECF. --[Edited 01/02/2018 by EAF - text edited and relief added] (CWH) [Entered: 12/20/2017 05:54 PM] |
| ECF FILER: Response filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella in Opposition to Motion for Leave to File Supplemental Appendix and to File Supplemental Appendix and Brief Under Seal. Certificate of Service dated 12/20/2017. --[Edited 01/02/2018 by EAF - Text edited] (CWH) [Entered: 12/20/2017 05:26 PM] |
| HARD COPY RECEIVED from Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc - SEALED Brief. Copies: 7. (RM) [Entered: 12/14/2017 02:25 PM] |
| HARD COPY RECEIVED from Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc - SEALED Supplemental Appendix. Copies: 4. Volumes: 1. (EMA) [Entered: 12/15/2017 11:49 AM] |
| ECF FILER: SEALED ELECTRONIC BRIEF on behalf of Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc, filed. Certificate of Service dated 12/13/2017 by ECF, US mail. (SHW) [Entered: 12/13/2017 10:59 AM] |
| ECF FILER: SEALED SUPPLEMENTAL ELECTRONIC APPENDIX on behalf of Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc, filed. Certificate of Service dated 12/13/2017 by ECF, US mail. (SHW) [Entered: 12/13/2017 11:06 AM] |
| ECF FILER: SEALED Motion filed by Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc to seal Appellees Brief and Supplemental Appendix, to supplement the appendix. Certificate of Service dated 12/13/2017. --[Edited 01/02/2018 by EAF - SEND TO MERITS PANEL; See Clerk Order dated 01/02/18] (SHW) [Entered: 12/13/2017 11:05 AM] |
| ECF FILER: Motion filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella for Hearing En Banc. Certificate of Service dated 12/13/2017. Service made by ECF. (CWH) [Entered: 12/13/2017 01:50 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Tyson Y. Herrold on behalf of Appellant(s) John Mirabella, Maureen Mirabella, John Connor Mirabella. (TH) [Entered: 12/08/2017 09:42 AM] |
| HARD COPY RECEIVED from Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella - Brief with Volume I of Appendix attached. Copies: 7. (SJB) [Entered: 11/14/2017 11:23 AM] |
| HARD COPY RECEIVED from Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (EMA) [Entered: 11/15/2017 06:08 PM] |
| ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella, filed. Certificate of Service dated 11/13/2017 by ECF. - [Entry edited by the Clerk to reflect that Appendix Vol. I attached]--[Edited 11/13/2017 by MS] (CWH) [Entered: 11/13/2017 02:10 PM] |
| ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella, filed. Certificate of service dated 11/13/2017 by ECF. (CWH) [Entered: 11/13/2017 02:13 PM] |
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ORDER (Clerk) The stay of the briefing schedule is hereby lifted. Appellants' brief and appendix must be filed and served within 30 days of the date of this Order. (JK) [Entered: 10/13/2017 09:27 AM]
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| Notice to Counsel. The attached document is restricted. To view document, click on the document number link in the NDA (Notice of Docket Activity). In order to access this document, you must be the attorney of record using your individual ECF login and password. (TNH) [Entered: 05/18/2017 11:08 AM] |
| TEXT ONLY ORDER (Clerk) the foregoing matter is referred to the Court's Appellate Mediation Program. The briefing and scheduling order is hereby stayed. In the event mediation is unsuccessful, the Clerk will reinstate the briefing schedule, filed. (MB) [Entered: 05/08/2017 12:11 PM] |
| BRIEFING NOTICE ISSUED. Brief on behalf of Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella due on or before 06/13/2017. Appendix due on or before 06/13/2017. --[Edited 05/08/2017 by JK] --[STAY LIFTER PER CLERK'S ORDER DATED 10/13/2017 - Edited 10/13/2017 by JK] (JK) [Entered: 05/04/2017 01:16 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Christine M. Gordon on behalf of Appellee(s) William Penn Charter School, William Penn Charter School, Inc. and Overseers of the Public School. (CMG) [Entered: 05/03/2017 02:53 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Scott H. Wolpert, Esquire on behalf of Appellee(s) William Penn Charter School, William Penn Charter School, Inc. and Overseers of the Public School. (SHW) [Entered: 05/03/2017 02:56 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc, filed. (SHW) [Entered: 05/03/2017 02:58 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellees Overseers of the Public School, William Penn Charter School and William Penn Charter School Inc, filed. (SHW) [Entered: 05/03/2017 03:00 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Jeffry W. Duffy on behalf of Appellant(s) John Mirabella, Maureen Mirabella, John Connor Mirabella. (CWH) [Entered: 05/02/2017 01:23 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Carl W. Hittinger on behalf of Appellant(s) John Mirabella, Maureen Mirabella, John Connor Mirabella. (CWH) [Entered: 05/02/2017 01:22 PM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella, filed. (CWH) [Entered: 05/02/2017 01:28 PM] |
| ECF FILER: AMENDED Concise Summary of the Case filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella, received. (CWH) [Entered: 05/02/2017 01:52 PM] |
| ECF FILER: Concise Summary of the Case filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella, received. (CWH) [Entered: 05/02/2017 01:30 PM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella advising this court that no transcripts are available. (CWH) [Entered: 05/02/2017 01:32 PM] |
| ECF FILER: ENTRY OF APPEARANCE from John Mirabella on behalf of Appellant(s) John Mirabella,Maureen Mirabella, John Connor Mirabella. (JM) [Entered: 04/28/2017 10:35 AM] |
| RECORD available on District Court CM/ECF. (JK) [Entered: 04/21/2017 12:12 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellants John Mirabella, John Connor Mirabella and Maureen Mirabella in District Court No. 2-15-cv-01162. (JK) [Entered: 04/21/2017 12:07 PM] |
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