T. v. DISTRICT OF COLUMBIA
| J. T. |
| DISTRICT OF COLUMBIA |
| 1:2018cv02604 |
| November 12, 2018 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Education |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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| NOTICE OF CORRECTED DOCKET ENTRY: re #14 Response to Document was entered in error at the request of counsel. Said pleading was refiled by counsel as Docket Entry #15 . (tth) |
| Filing 15 RESPONSE re #13 RESPONSE TO ORDER OF THE COURT filed by DISTRICT OF COLUMBIA. (Attachments: #1 Exhibit 1)(Finkhousen, Aaron) Modified on 1/9/2019 to correct linkage (zrdj). |
| Filing 14 ENTERED IN ERROR.....RESPONSE re #13 Response to Order of the Court filed by DISTRICT OF COLUMBIA. (Attachments: #1 Exhibit 1)(Finkhousen, Aaron); Modified on 1/7/2019 (tth). |
| Filing 13 RESPONSE TO ORDER OF THE COURT re #11 Memorandum & Opinion,, Order, filed by J. T.. (Tyrka, Douglas) |
| Set/Reset Deadlines: Plaintiff's response to show cause due by 12/12/2018; defendant's response due by 1/4/2019. (tg) |
MINUTE ORDER (paperless) GRANTING the #12 Plaintiff's Consent Motion for an Extension of Time to Show Cause, DIRECTING the plaintiff show cause, by December 12, 2018, why the #1 Complaint should not be dismissed without prejudice for failure to exhaust, and DIRECTING the defendant to respond by January 4, 2019. Signed by Chief Judge Beryl A. Howell on December 4, 2018. (lcbah1)
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MINUTE ORDER (paperless) GRANTING the #2 Plaintiff's Motion for Leave to Proceed Anonymously, given that this case involves sensitive issues concerning a minor child's education, see, e.g., LCvR 5.4(f)(2) ("If the involvement of a minor child must be mentioned [in an electronically filed document], only the initials of that child should be used."), and unless the plaintiff-parent is granted anonymity, the child's identity may be effectively revealed. Signed by Chief Judge Beryl A. Howell on December 4, 2018. (lcbah1)
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| Filing 12 Consent MOTION for Extension of Time to File Response/Reply to Order to Show Cause by J. T. (Attachments: #1 Text of Proposed Order)(Tyrka, Douglas) |
| Set/Reset Deadlines: Plaintiff's Response to Show Cause due by 12/5/2018. (hmc) |
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Filing 11
MEMORANDUM OPINION AND ORDER DENYING the #3 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. See Memorandum Opinion and Order for further details. Signed by Chief Judge Beryl A. Howell on November 20, 2018. (lcbah1)
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| Filing 10 Joint STATUS REPORT by DISTRICT OF COLUMBIA. (Finkhousen, Aaron) |
| Set/Reset Deadlines: Joint Status Report due by 5:00 PM on 11/20/2018. (tg) |
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MINUTE ORDER (paperless) STAYING, in light of the #8 District of Columbia's Status Report and the #9 Plaintiff's Status Report, decision on the #3 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, over the plaintiff's objection, since the defendant has agreed to request that the Hearing Officer reconsider any prior decision on the discovery due to the plaintiff and, in particular, whether the student's complete "education records," within the meaning of 34 C.F.R. 99.3, have been produced to the plaintiff, as required by 20 U.S.C. 1415(b)(1), which change in position by the defendant now provides an opportunity for the Hearing Officer to resolve a fundamental discovery dispute critical to the fairness of the plaintiff's pending due process hearing; and DIRECTING the parties to submit jointly, by 5 P.M. on November 20, 2018, a status report summarizing the issues related to the student's "education records" that the Hearing Officer has agreed to resolve, or did resolve, at the due process hearing currently scheduled for November 19, 2018, including: (1) whether the defendant's processes for identifying the records cataloged in the attachment to the #8 District of Columbia's Status Report are sufficient to include all of a student's "education records," within the meaning of 34 C.F.R 99.3; (2) whether the defendant has failed to previously disclose to the plaintiff records included in that attachment; (3) whether the defendant has sufficient policies and practices to maintain all records "directly related to a student," see id.; see also 20 U.S.C. 1415(b)(1) ("The procedures required by this section shall include [a]n opportunity for the parents of a child with a disability to examine all records relating to such child."); (4) the circumstances, if any, when the defendant's or others' email communications are part of a student's "education records" and the mechanisms employed by the defendant to ensure such communications are appropriately included in such record; (5) the mechanisms employed by the defendant to store and supplement students' "education records" for such records to include all information "directly related to a student," 34 C.F.R. 99.3; (6) whether the defendant has in this case taken all necessary and appropriate steps to ensure the completeness of the student's "education records"; and (7) after consideration of the foregoing, whether the defendant's internal email communications and/or email communications "directly related to a student" between or among the defendant and the Office of the State Superintendent of Education, the Kingsbury Center, or others, should be included in the student's "education records" or otherwise produced in connection with the pending due process hearing. Signed by Chief Judge Beryl A. Howell on November 17, 2018. (lcbah1)
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| Filing 9 STATUS REPORT by J. T.. (Tyrka, Douglas) |
| Filing 8 STATUS REPORT Regarding November 16, 2018 Hearing by DISTRICT OF COLUMBIA. (Attachments: #1 Exhibit 1 - Redacted List of Educational Records)(Finkhousen, Aaron) |
| Filing 7 Memorandum in opposition to re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA. (Attachments: #1 Exhibit 1)(Finkhousen, Aaron) |
| Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Preliminary Injunction Hearing held on 11/16/2018. Order to be issued by the Court. (Court Reporter Elizabeth Saint-Loth.) (tg) |
| Filing 6 NOTICE of Appearance by Aaron Josiah Finkhousen on behalf of DISTRICT OF COLUMBIA (Finkhousen, Aaron) |
| Filing 5 SUMMONS (1) Issued Electronically as to DISTRICT OF COLUMBIA. (Attachments: #1 Notice and Consent)(zrdj) |
| Case Assigned to Chief Judge Beryl A. Howell. (zrdj) |
| Set/Reset Deadlines/Hearings: Defendants' response to #3 motion for temporary restraining order and preliminary injunction due by 11/16/2018; Preliminary Injunction Hearing scheduled for 11/16/2018, at 12:00 PM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) |
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MINUTE ORDER (paperless) DIRECTING the defendant to submit, by Friday, November 16, 2018 at 9:00 AM, a response to the #3 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, and further DIRECTING the parties to appear for a hearing on Friday, November 16, 2018 at 12:00 PM, unless the Court is otherwise notified that the #3 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction has been resolved. Signed by Chief Judge Beryl A. Howell on November 15, 2018. (lcbah1)
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| Filing 3 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by J. T. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Text of Proposed Order)(Tyrka, Douglas) |
| Filing 4 NOTICE OF RELATED CASE by J. T. Case related to Case No. 17cv1319. (zrdj) |
| Filing 2 MOTION to Proceed Under Pseudonym by J. T. (Attachments: #1 Text of Proposed Order, #2 Supplement)(Tyrka, Douglas) |
| Filing 1 COMPLAINT against DISTRICT OF COLUMBIA ( Filing fee $ 400 receipt number 0090-5787245) filed by J. T.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Notice to Counsel/Party Related Case Form)(Tyrka, Douglas) |
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| Plaintiff: J. T. | |
| Represented By: | Douglas Tyrka |
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| Defendant: DISTRICT OF COLUMBIA | |
| Represented By: | Aaron Josiah Finkhousen |
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