Dunn-Fischer v. District School Board of Collier County et al
| Terry L. Dunn-Fischer |
| District School Board of Collier County, Victoria Sartorio, Elizabeth McBride, Florida Department of Education, Laurence Ruble, Brian Castellani and Florida Department of Administrative Hearings |
| 2:2010cv00512 |
| August 23, 2010 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Collier |
| Sheri Polster Chappell |
| John E. Steele |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
214
OPINION AND ORDER granting 171 defendant's Motion for Judgment on the Record; adopting 213 Report and Recommendations. The Final Order of the ALJ is affirmed. The Clerk shall enter judgment as set forth in the Opinion and Order, terminate all pending motions and deadlines, and close the file. See Opinion and Order for details. Signed by Judge John E. Steele on 12/13/2016. (AMB)
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Filing
207
ORDER granting 206 Defendant's Notice of Filing of CD of Administrative Record and Request to Seal the CD. The Clerk is directed to place the CD of the administrative record received from the State of Florida Division of Administrative Hearings under seal. The Clerk is directed to file a copy of the partial index accompanying the administrative record on the docket. Signed by Magistrate Judge Carol Mirando on 8/24/2016. (ANW)
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Filing
192
ORDER granting 189 Plaintiff's Motion Requesting an Extension of Time to Answer in Opposition of Defendant's Motion for Summary Judgment, extending the time for Plaintiff to file her response to 171 Defendant's Motion for Judgment on the Record up to and including March 6, 2015; granting 191 Defendant's Motion to Enlarge Time to File Joint Pretrial Statement and Trial Brief, extending all remaining case management deadlines set forth in the 176 Order dated December 2, 2014 for a period of sixty (60) days. The specific deadlines will be memorialized in an Order to be entered under separate cover. Signed by Magistrate Judge Carol Mirando on 2/20/2015.(ALB)
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Filing
185
ORDER granting 182 Plaintiff's Motion to Request Court Assistance to Receive a Copy of the Lower Level File, directing Defendant to provide Plaintiff with a certified copy of the administrative record on or before 1/12/2015; granting in part 183 Plaintiff's Motion Requesting an Extension of Time to Answer in Opposition of Defendant's Motions for Summary Judgment, extending the deadline for Plaintiff to respond to 171 Defendant's Motion for Judgment on the Record up to and including 1/30/2015; denying as moot 177 Plaintiff's Motion to Request Court Assistance to Receive a Copy of the Lower Level File and Motion to Toll the Time Line to Answer Defendant's Motion for Summary Judgment. See Order for additional details. Signed by Magistrate Judge Carol Mirando on 1/6/2015.(ALB)
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Filing
150
OPINION AND ORDER denying 144 Plaintiff's Revised Motion for Reconsideration. Signed by Judge John E. Steele on 3/6/2014. (MAB)
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Filing
137
OPINION AND ORDER accepting and adopting the Magistrate Judge's Report and Recommendation 131 and denying plaintiff's motion to file an amended complaint 129 . Further granting in part and denying in part the defendant's motion to dismiss 115 . The motion to dismiss counts one, two, four, five, six, and eight is GRANTED and these counts are dismissed without prejudice. The motion to dismiss count three, to the extent it seeks to assert a claim pursuant to the Section 504 reg ulations and/or an IDEA claim unrelated to reimbursement is granted and these portions of Count III are dismissed without prejudice. The motion to dismiss Count III, to the extent it seeks to assert an IDEA reimbursement claim, is denied and this po rtion of Count III will be permitted to proceed. The following paragraphs are STRICKEN from the Third Amended Complaint 112 : 21-97, 99-190, 196-207, 213-215, 219-315, 317-335, 339-413, 416-429, 431-447, 449-457, 459-464, 469-541, and 554-215. See Opinion and Order for details. Signed by Judge John E. Steele on 7/23/2013. (SVC)
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Filing
90
ORDER denying 86 Defendant's Motion to Stay Filing of Answer to Second Amended Complaint Pending Plaintiffs Filing of Third Amended Complaint; denying 87 Plaintiff's Motion Requesting Leave to File Amended Complaint. Defendant shall ha ve up to and including November 3, 2011 to respond to Plaintiff's Second Amended Complaint, which is the operative Complaint in this matter. The Court will issue a scheduling order which will govern the dates for the briefing of this matter in due course. Signed by Magistrate Judge Sheri Polster Chappell on 10/21/2011. (LMH)
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Filing
82
OPINION AND ORDER granting in part and denying in part 66 Motion to dismiss; granting 69 Motion to dismiss; adopting and incorporating 76 Report and Recommendations. The Clerk shall enter judgment dismissing defendants Florida Department of Ed ucation and Florida Division of Administrative Hearings with prejudice. The Clerk shall withhold the entry of judgment as to the remaining defendants dismissed without prejudice (defendants Laurence Ruble, Brian Castellani, Dr. Victoria Sartortio, a nd Dr. Elizabeth McBride) but terminate them on the docket. See Opinion and Order for details. The stay is lifted and the Magistrate Judge shall enter a second amended Case Management and Scheduling. Signed by Judge John E. Steele on 10/5/2011. (RKR)
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Filing
77
ORDER granting 74 Defendants Amended Joint Third Motion for Protective Order and Motion to Stay. Defendants are protected from participating in discovery in this matter. (Docs. #66, 69). This matter is STAYED pending a final ruling by the District Court on the pending Motions to Dismiss (Docs. #66, 69)Signed by Magistrate Judge Sheri Polster Chappell on 8/30/2011. (LMH)
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Filing
63
ORDER. The stay of this case previously entered by this Court is hereby lifted. The Clerk of Court is directed to lift the stay previously set in this case. Signed by Magistrate Judge Sheri Polster Chappell on 5/16/2011. (LMH)
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Filing
58
ORDER denying as moot 44 Defendants, District School Board of Collier County, Dr. Victoria Sartorio, Dr. Elizabeth McBride, Laurence Ruble, and Brian Castellani's Motion to Dismiss Plaintiff's First Amended Complaint ; denying as moot [4 5] Defendants, Florida Department of Education and Florida Division of Administrative Hearings's Motion to Dismiss; granting 57 Plaintiff's Motion Requesting Leave to File Amended Complaint. The Clerk of Court is directed to file Plaintiff's Second Amended Complaint, along with the exhibits, attached to the instant Motion, as a separate entry in the CM/ECF system. Signed by Magistrate Judge Sheri Polster Chappell on 5/5/2011. (LMH)
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Filing
55
ORDER denying 53 Plaintiff's Motion to Reconsider and Vacate Order. Plaintiff shall have up to and including April 21, 2011 to obtain counsel to represent her minor daughter. Failure to do so could result in Plaintiffs' claims being dismissed. The STAY previously set in this case in the Court's February 23, 2011 Order is hereby extended through April 21, 2011. Signed by Magistrate Judge Sheri Polster Chappell on 3/21/2011. (LMH)
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Filing
38
ORDER denying as moot 27 Motion to dismiss; denying as moot 29 Motion to dismiss; denying as moot 34 Motion for protective order; granting 37 Motion for leave to file. The Clerk of Court is directed to file Plaintiffs First Amended Complaint entitled Addendum/Supplement to Complaint in the CM/ECF system under separate docket entry as Plaintiffs First Amended Complaint. The Exhibits to the First Amended Complaint shall be maintained in the clerks office. Signed by Magistrate Judge Sheri Polster Chappell on 12/3/2010. (LMH)
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Filing
12
ORDER granting 10 Motion to Appear Telephonically; denying 11 Plaintiff's Motion to File Electronically. The Clerk of Court is directed to re-send a copy of the Interested Persons Order to Plaintiff at the address listed on the docket sheet. Plaintiff has up to and including September 17, 2010 to respond to the Interested Persons Order. Signed by Magistrate Judge Sheri Polster Chappell on 9/7/2010. (LMH)
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