Livingston Educational Service Agency, et al v. Xavier Becerra, et al
| LIVINGSTON EDUCATIONAL SERVICE AGENCY and WAYNE-WESTLAND COMMUNITY SCHOOLS |
| XAVIER BECERRA, in his official capacity as Secretary of Health and Human Services, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, JOO YEUN CHANG, in her official capacity as Assistant Secretary and Principal Deputy Assistant Secretary of the Administration for Children and Families, ADMINISTRATION FOR CHILDREN AND FAMILIES, BERNADINE FUTRELL, in her official capacity as the Director of the Office of Head Start, JOOYEUN CHANG, in her official capacity as Assistant Secretary and Principal Deputy Assistant Secretary of the Administration for Children and Families and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| 22-1257 |
| March 30, 2022 |
| U.S. Court of Appeals, Sixth Circuit |
| Admin Proc Act/Review |
Opinions
We have the following opinions for this case:
| Description |
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 Livingston Educational Service Agency v. Becerra
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| Livingston Educ. Serv. Agency v. Xavier Becerra |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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Filing 64
NOTIFICATION filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and HHS regarding HHS announcement. Certificate of Service: 05/02/2023. [22-1257] (SJC) [Entered: 05/02/2023 04:33 PM]
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Filing 63
***LOCKED - COUNSEL IS ADVISED TO REFILE AS A NOTIFICATION*** ADDITIONAL CITATION filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and HHS. Certificate of Service: 05/02/2023. [22-1257]--[Edited 05/02/2023 by MMP] (SJC) [Entered: 05/02/2023 01:56 PM]
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Filing 62
RESPONSE filed regarding an additional citation, [ # 61 ]. Response from Attorney Ms. Alisa B. Klein for Appellees Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and HHS. Certificate of Service:04/11/2023. [22-1257] (ABK) [Entered: 04/11/2023 11:25 AM]
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Filing 61
ADDITIONAL CITATION filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 04/05/2023. [22-1257] (DRS) [Entered: 04/05/2023 03:46 PM]
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Filing 60
LETTER BRIEF filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and HHS. Certificate of Service: 02/15/2023.. [22-1257] (SJC) [Entered: 02/15/2023 03:34 PM]
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Filing 59
LETTER BRIEF filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 02/14/2023.. [22-1257] (DRS) [Entered: 02/14/2023 05:42 PM]
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Filing 58
***LOCKED - COUNSEL IS ADVISED TO REFILE AS A LETTER BRIEF*** SUPPLEMENTAL BRIEF filed by Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service:02/14/2023. [22-1257]--[Edited 02/14/2023 by MMP] (DRS) [Entered: 02/14/2023 02:22 PM]
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Filing 57
LETTER SENT to Ms. Amy Elizabeth Murphy for Livingston Educational Service Agency and Wayne-Westland Community Schools, Mr. Robert Thomas Schindler for Livingston Educational Service Agency and Wayne-Westland Community Schools, Ms. Rebecca Leah Strauss for Livingston Educational Service Agency and Wayne-Westland Community Schools, Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools, Mr. Brett Alan Swearingen for Livingston Educational Service Agency and Wayne-Westland Community Schools, Ms. Sarah Jane Clark for HHS, Ms. JooYeun Chang, Xavier Becerra, Administration for Children and Families and Bernadine Futrell and Ms. Alisa B. Klein for HHS, Ms. JooYeun Chang, Xavier Becerra, Administration for Children and Families and Bernadine Futrell regarding the termination of federal public health emergency. (MMP) [Entered: 02/08/2023 01:08 PM]
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Filing 56
RESPONSE in opposition filed regarding an additional citation, [ # 55 ]. Response from Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service:01/31/2023. [22-1257] (DRS) [Entered: 01/31/2023 11:41 AM]
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Filing 55
ADDITIONAL CITATION filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and HHS. Certificate of Service: 01/26/2023. [22-1257] (SJC) [Entered: 01/26/2023 01:24 PM]
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Filing 54
CAUSE ARGUED by Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools and Ms. Sarah Jane Clark for Appellees HHS, Ms. JooYeun Chang, Xavier Becerra, Administration for Children and Families and Bernadine Futrell before Bush, Circuit Judge; Larsen, Circuit Judge and Mathis, Circuit Judge. (KSF) [Entered: 01/25/2023 11:45 AM]
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Filing 53
RESPONSE in opposition filed regarding an , [ # 52 ]. Response from Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service:01/20/2023. [22-1257] (DRS) [Entered: 01/20/2023 11:56 AM]
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Filing 52
ADDITIONAL CITATION filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services. Certificate of Service: 01/19/2023. [22-1257] (SJC) [Entered: 01/19/2023 07:50 PM]
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Filing 51
RESPONSE in opposition filed regarding an , [ # 50 ]. Response from Attorney Ms. Sarah Jane Clark for Appellees Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services. Certificate of Service:01/17/2023. [22-1257] (SJC) [Entered: 01/17/2023 05:14 PM]
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Filing 50
ADDITIONAL CITATION filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 01/13/2023. [22-1257] (DRS) [Entered: 01/13/2023 05:12 PM]
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Filing 49
Argument acknowledgment filed by Attorney Ms. Sarah Jane Clark for Appellees Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services. Certificate of Service: 12/08/2022. [22-1257] (SJC) [Entered: 12/08/2022 09:23 AM]
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Filing 48
Argument acknowledgment filed by Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 12/08/2022. [22-1257] (DRS) [Entered: 12/08/2022 07:53 AM]
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Filing 47
ORAL ARGUMENT SCHEDULED for 9:00 a.m. (Eastern Time) on Wednesday, January 25, 2023. (KSF) [Entered: 11/28/2022 03:03 PM]
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Filing 46
LETTER filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools communicating dates of unavailability for oral argument: April 27-28; May 4-5. Certificate of Service: 11/04/2022. [22-1257] (DRS) [Entered: 11/04/2022 11:14 AM]
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Filing 45
LETTER filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services communicating dates of unavailability for oral argument: January 9, 2023. Certificate of Service: 11/01/2022. [22-1257] (SJC) [Entered: 11/01/2022 09:46 AM]
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Filing 44
CORRECTED REPLY BRIEF filed by Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools. [22-1257] (DRS) [Entered: 10/05/2022 09:37 AM]
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Filing 43
BRIEFING LETTER SENT requesting brief corrections from Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools. See letter for the necessary correction. Corrected brief due: 10/05/2022. (MMP) [Entered: 10/03/2022 09:43 AM]
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Filing 42
***LOCKED - The Brief is not in compliance with the rules. Corrected Brief due: 10/5/2022.*** REPLY BRIEF filed by Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 09/30/2022. [22-1257]--[Edited 10/03/2022 by MMP] (DRS) [Entered: 09/30/2022 03:00 PM]
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Filing 41
APPELLEE BRIEF filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services. Certificate of Service: 09/09/2022. Argument Request: requested. [22-1257] (SJC) [Entered: 09/09/2022 10:32 AM]
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Filing 40
LETTER filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services communicating dates of unavailability for oral argument: October 17-21, 27-28; November 7-10 (argument tentatively calendared this week); December 5-9 (argument tentatively calendared this week); December 13-16 (argument tentatively calendared this week). Certificate of Service: 09/09/2022. [22-1257] (SJC) [Entered: 09/09/2022 10:28 AM]
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Filing 39
LETTER filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools communicating dates of unavailability for oral argument: December sitting. Certificate of Service: 07/19/2022. [22-1257] (DRS) [Entered: 07/19/2022 04:47 PM]
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Filing 38
CORRECTED APPELLANT BRIEF filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools.. Certificate of Service: 07/12/2022. Argument Request: requested. [22-1257] (DRS) [Entered: 07/12/2022 01:19 PM]
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Filing 37
BRIEFING LETTER SENT requesting brief corrections from Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools because the brief and the addendum should be filed together as one PDF. Corrected brief due: 07/15/2022. (MMP) [Entered: 07/12/2022 10:13 AM]
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Filing 36
***LOCKED - Brief is not in compliance with the rules*** Corrected Brief due 7/15/2022. CORRECTED APPELLANT BRIEF filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools.. Certificate of Service: 07/11/2022. Argument Request: requested. [22-1257]--[Edited 07/12/2022 by MMP] (DRS) [Entered: 07/11/2022 05:15 PM]
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Filing 35
BRIEFING LETTER SENT requesting brief corrections from Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools: improper addendum, please see attached letter for explanation and call with questions. Corrected brief due: 07/15/2022. (JAC) [Entered: 07/08/2022 10:33 AM]
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Filing 34
***DOCUMENT LOCKED- SEE BRIEFING CORRECTION LETTER FILED AT #35*** CORRECTED APPELLANT BRIEF filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools.. Certificate of Service: 07/07/2022. Argument Request: requested. [22-1257]--[Edited 07/08/2022 by JAC] (DRS) [Entered: 07/07/2022 07:55 PM]
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Filing 33
RULING LETTER SENT granting motion to extend time to file brief [ # 32 ] filed by Ms. Sarah Jane Clark., resetting briefing schedule: appellee brief now due 09/09/2022. (VLP) [Entered: 07/07/2022 11:14 AM]
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Filing 32
MOTION filed by Ms. Sarah Jane Clark for Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services to extend time to file brief. Certificate of Service: 07/06/2022. [22-1257] (SJC) [Entered: 07/06/2022 03:33 PM]
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Filing 31
BRIEFING LETTER SENT requesting brief corrections from Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools because the addendum is not included in the brief. Corrected brief due: 07/07/2022. (MMP) [Entered: 07/01/2022 09:02 AM]
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Filing 30
***DOCUMENT LOCKED- SEE BRIEFING CORRECTION LETTER FILED AT #31*** APPELLANT BRIEF filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 06/30/2022. Argument Request: requested. [22-1257] (DRS) [Entered: 06/30/2022 09:55 PM]
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Filing 29
ORDER filed denying petition for en banc rehearing [ # 28 ] filed by Mr. Daniel Robert Suhr. Eric L. Clay, John M. Rogers, and Jane Branstetter Stranch, Circuit Judges. (BLH) [Entered: 06/21/2022 08:51 AM]
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Filing 28
PETITION for en banc rehearing filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 05/26/2022. [22-1257] (DRS) [Entered: 05/26/2022 06:05 PM]
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Filing 27
PUBLISHED ORDER filed: The motion for injunction pending appeal [ # 9 ] is DENIED. Decision for publication. Eric L. Clay, John M. Rogers, and Jane Branstetter Stranch, Circuit Judges. (CL) [Entered: 05/20/2022 01:13 PM]
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Filing 26
RULING LETTER SENT granting appellants' motion to extend time to file brief by 30 days [ # 25 ] filed by Mr. Daniel Robert Suhr. Resetting briefing schedule: appellant brief now due 06/30/2022. Appellee brief now due 08/01/2022. (MMP) [Entered: 05/20/2022 09:59 AM]
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Filing 25
MOTION filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools to extend time to file brief. Certificate of Service: 05/19/2022. [22-1257] (DRS) [Entered: 05/19/2022 02:29 PM]
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Filing 24
***DOCUMENT LOCKED - ATTACHED DOCUMENT IS AVAILABLE TO THE COURT ELECTRONICALLY - COUNSEL IS INSTRUCTED NOT TO REFILE***ADDITIONAL CITATION filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools. Certificate of Service: 04/26/2022. [22-1257]--[Edited 04/26/2022 by MTW] (DRS) [Entered: 04/26/2022 02:02 PM]
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Filing 23
BRIEFING LETTER SENT setting briefing schedule: appellant brief due 05/31/2022;. appellee brief due 06/30/2022 (MMP) [Entered: 04/21/2022 11:12 AM]
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Filing 22
BRIEFING LETTER SENT setting briefing schedule: appellant brief due 05/31/2022; appellee brief due 06/30/2022. (MMP) [Entered: 04/21/2022 10:27 AM]
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Filing 21
APPEARANCE filed for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools by Brett A. Swearingen. Certificate of Service: 04/20/2022. [22-1257] (BAS) [Entered: 04/20/2022 03:20 PM]
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Filing 20
REPLY filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools regarding motion for injunction pending appeal. Certificate of Service: 04/20/2022. [22-1257] (DRS) [Entered: 04/20/2022 02:48 PM]
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Filing 19
RESPONSE in opposition filed regarding a motion for injunction pending appeal, [ # 9 ]; previously filed by Ms. Amy Elizabeth Murphy for Livingston Educational Service Agency and Wayne-Westland Community Schools. Response from Attorney Ms. Sarah Jane Clark for Appellees Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services. Certificate of Service: 04/18/2022. [22-1257] (SJC) [Entered: 04/18/2022 01:26 PM]
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Filing 18
Court Reporter Acknowledgement filed by Ms. Shacara Veche Mapp, for transcript [16] ; Already on file in the District Court. [22-1257] (SVM) [Entered: 04/18/2022 11:55 AM]
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Filing 17
NOTIFICATION: Setting acknowledgement deadline, relating to transcript order, [16]. Shacara Veche Mapp's acknowledgement is due 05/02/2022. (MMP) [Entered: 04/18/2022 08:22 AM]
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Filing 16
TRANSCRIPT ordered from Ms. Shacara Veche Mapp, filed by Ms. Amy Elizabeth Murphy for Livingston Educational Service Agency and Wayne-Westland Community Schools. [16] ; ----- This is to order a transcript of the following proceedings and to certify that satisfactory financial arrangements have been completed ----- Transcript ordered on: 04/07/2022 ; District Court Judge/Magistrate: Hon. Nancy G. Edmunds ; Hearing Dates: 2/28/2022 - Motion for Preliminary Injunction ; Method of Payment: Private Funds ; Court reporter acknowledgement is due in 14 days. Certificate of Service: 04/15/2022. [22-1257] (AEM) [Entered: 04/15/2022 09:04 AM]
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Filing 15
CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools Certificate of Service: 04/12/2022. [22-1257] (DRS) [Entered: 04/12/2022 06:43 PM]
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Filing 14
CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools Certificate of Service: 04/12/2022. [22-1257] (DRS) [Entered: 04/12/2022 06:42 PM]
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Filing 13
CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Daniel Robert Suhr for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools.. Certificate of Service: 04/12/2022. [22-1257] (DRS) [Entered: 04/12/2022 06:41 PM]
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Filing 12
DEFICIENCY NOTICE: The appearance form, [ # 8 ], filed by Mr. Daniel Robert Suhr for Livingston Educational Service Agency and Wayne-Westland Community Schools is deficient for the reason noted on the attached checklist. (MMP) [Entered: 04/11/2022 09:16 AM]
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Filing 11
APPEARANCE filed for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools by Robert T. Schindler. Certificate of Service: 04/11/2022. [22-1257] (RTS) [Entered: 04/11/2022 09:07 AM]
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Filing 10
APPEARANCE filed for Appellees Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services by Alisa B. Klein. Certificate of Service: 04/09/2022. [22-1257] (ABK) [Entered: 04/09/2022 08:10 AM]
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Filing 9
MOTION filed by Ms. Amy Elizabeth Murphy for Livingston Educational Service Agency and Wayne-Westland Community Schools for injunction pending appeal. Certificate of Service: 04/08/2022. [22-1257] (AEM) [Entered: 04/08/2022 05:27 PM]
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Filing 8
APPEARANCE filed for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools by Daniel R. Suhr. Certificate of Service: 04/08/2022. [22-1257] (DRS) [Entered: 04/08/2022 04:10 PM]
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Filing 7
APPEARANCE filed for Appellees Administration for Children and Families, Xavier Becerra, Ms. JooYeun Chang, Bernadine Futrell and U.S. Department of Health and Human Services by Sarah J. Clark. Certificate of Service: 04/06/2022. [22-1257] (SJC) [Entered: 04/06/2022 03:42 PM]
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Filing 6
APPEARANCE filed for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools by Rebecca L. Strauss. Certificate of Service: 04/06/2022. [22-1257] (RLS) [Entered: 04/06/2022 01:33 PM]
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Filing 5
APPEARANCE filed for Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools by Amy E. Murphy. Certificate of Service: 04/06/2022. [22-1257] (AEM) [Entered: 04/06/2022 01:28 PM]
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Filing 4
LETTER SENT to Ms. Amy Elizabeth Murphy for Livingston Educational Service Agency and Wayne-Westland Community Schools and Mr. Christopher D. Edelman for U.S. Department of Health and Human Services, Ms. JooYeun Chang, Xavier Becerra, Administration for Children and Families and Bernadine Futrell, regarding the amended caption. (MMP) [Entered: 04/01/2022 09:10 AM]
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Filing 3
The case manager for this case is: Monica Page (MMP) [Entered: 03/30/2022 02:46 PM]
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Filing 2
Civil Case Docketed. Notice filed by Appellants Livingston Educational Service Agency and Wayne-Westland Community Schools. Transcript needed: y. (MMP) [Entered: 03/30/2022 02:38 PM]
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| Plaintiff / appellant: LIVINGSTON EDUCATIONAL SERVICE AGENCY | |
| Represented By: | Amy Elizabeth Murphy |
| Represented By: | Daniel Robert Suhr |
| Represented By: | Robert Thomas Schindler |
| Represented By: | Rebecca Leah Strauss |
| Represented By: | Brett Alan Swearingen |
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| Plaintiff / appellant: WAYNE-WESTLAND COMMUNITY SCHOOLS | |
| Represented By: | Amy Elizabeth Murphy |
| Represented By: | Daniel Robert Suhr |
| Represented By: | Robert Thomas Schindler |
| Represented By: | Rebecca Leah Strauss |
| Represented By: | Brett Alan Swearingen |
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| Defendant / appellee: XAVIER BECERRA, in his official capacity as Secretary of Health and Human Services | |
| Represented By: | Christopher D. Edelman |
| Represented By: | Sarah Jane Clark |
| Represented By: | Alisa B. Klein |
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| Defendant / appellee: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES | |
| Represented By: | Christopher D. Edelman |
| Represented By: | Sarah Jane Clark |
| Represented By: | Alisa B. Klein |
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| Defendant / appellee: JOO YEUN CHANG, in her official capacity as Assistant Secretary and Principal Deputy Assistant Secretary of the Administration for Children and Families | |
| Represented By: | Christopher D. Edelman |
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| Defendant / appellee: ADMINISTRATION FOR CHILDREN AND FAMILIES | |
| Represented By: | Christopher D. Edelman |
| Represented By: | Sarah Jane Clark |
| Represented By: | Alisa B. Klein |
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| Defendant / appellee: BERNADINE FUTRELL, in her official capacity as the Director of the Office of Head Start | |
| Represented By: | Christopher D. Edelman |
| Represented By: | Sarah Jane Clark |
| Represented By: | Alisa B. Klein |
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| Defendant / appellee: JOOYEUN CHANG, in her official capacity as Assistant Secretary and Principal Deputy Assistant Secretary of the Administration for Children and Families | |
| Represented By: | Sarah Jane Clark |
| Represented By: | Alisa B. Klein |
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| Defendant / appellee: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES | |
| Represented By: | Sarah Jane Clark |
| Represented By: | Alisa B. Klein |
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