Brenner v. Shreveport School of Progressive Education
| Mariette Brenner and Marietta Brenner |
| Shreveport School of Progressive Education and Southfield School |
| 5:2020cv01203 |
| September 17, 2020 |
| US District Court for the Western District of Louisiana |
| Elizabeth E Foote |
| Mark L Hornsby |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12181 |
| Both |
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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Filing 23
ORDER GRANTING PRELIMINARY INJUNCTION: IT IS ORDERED that effective immediately and until further orders of the Court, Defendant, Southfield School, shall permit E.B.s service animal to accompany her at school. Both parties shall comply with the stipulated policies and procedures attached to this order. A status conference is set for 1/12/2021 10:00 AM. The Court will contact the parties directly to provide call-in information. Signed by Judge Elizabeth E Foote on 10/23/2020. (crt,Keifer, K) (Additional attachment(s) added on 10/25/2020: #1 Attachment-Policy re Service Animals) (Keifer, K).
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| Filing 22 Policy Regarding Service Animals Under the ADA re #21 Order granting Motion for Leave to File Stipulated Policies. (crt,Keifer, K) |
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Filing 21
ORDER granting #18 Motion for Leave to File Stipulated Policies. Signed by Judge Elizabeth E Foote on 10/23/2020. (crt,Keifer, K)
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| Motions Transferred regarding #18 MOTION for Leave to File Stipulated Policies with consent . Motions referred to Judge Elizabeth E Foote. (crt,Thomas, T) |
| Filing 18 MOTION for Leave to File Stipulated Policies with consent by Southfield School. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 10/22/2020. (Attachments: #1 Proposed order, #2 Proposed Exhibit A)(aty,Roussel, Elizabeth) Modified to edit docket text on 10/23/2020 (Thomas, T). |
| Filing 20 SUPPLEMENTAL MEMORANDUM in Opposition re #4 MOTION for Preliminary Injunction Pursuant to Rule 65(a) filed by Southfield School. (Attachments: #1 Supplemental Exhibit A, #2 Supplemental Exhibit B, #3 Supplemental Exhibit C, #4 Supplemental Exhibit D)(crt,Keifer, K) |
| Filing 19 EXHIBIT LIST re #16 (crt,Keifer, K) (Additional attachment(s) added on 10/23/2020: #1 Plaintiff Exhibit 1, #2 Plaintiff Exhibit 2, #3 Plaintiff Exhibit 3, #4 Plaintiff Exhibit 4, #5 Plaintiff Exhibit 5) (Keifer, K). (Additional attachment(s) added on 10/23/2020: #6 Defense Exhibit A, #7 Defense Exhibit A-1, #8 Defense Exhibit A-2, #9 Defense Exhibit A-3, #10 Defense Exhibit A-4, #11 Defense Exhibit A-5, #12 Defense Exhibit A-6, #13 Defense Exhibit A-7, #14 Defense Exhibit B, #15 Defense Exhibit B-1, #16 Defense Exhibit B-2, #17 Defense Exhibit C) (Keifer, K). |
| Filing 17 WITNESS LIST filed (restricted access). (crt,Keifer, K) |
| Filing 16 MINUTES for proceedings held before Judge Elizabeth E Foote: granting #4 Motion for Preliminary Injunction; granting #14 Motion for leave to file supplement; and granting #15 Motion for leave to substitute signed declaration; EVIDENTIARY HEARING held on 10/19/2020. The parties shall email a draft of the proposed policies and procedures to the Court by noon on 10/23/2020. (Court Reporter: Barbara A Simpson) (crt,Keifer, K) |
| Filing 15 MOTION for Leave to File Signed Declaration with opposition by Southfield School. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 10/19/2020. (Attachments: #1 Proposed order, #2 Proposed Exhibit Signed Declaration of Danette Colvin)(aty,Schoen, Hunter) Modified on 10/19/2020 to edit text (Dauterive, C). |
| Motions Transferred regarding #14 Ex Parte MOTION for Leave to File Supplemental Opposition to Motion for Preliminary Injunction with consent sought but not yet obtained, #15 MOTION for Leave to File SIGNED DECLARATION with opposition . Motions referred to Judge Elizabeth E Foote. (crt,Dauterive, C) |
| Filing 14 MOTION for Leave to File Supplemental Opposition to Motion for Preliminary Injunction with consent sought but not yet obtained by Southfield School. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 10/18/2020. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed Exhibit A, #4 Proposed Exhibit B, #5 Exhibit C, #6 Proposed Exhibit D)(Attorney Elizabeth Anderson Roussel added to party Shreveport School of Progressive Education(pty:dft))(aty,Roussel, Elizabeth) Modified on 10/19/2020 to edit text (Dauterive, C). |
| Filing 13 REPLY to Response to Motion re #4 MOTION for Preliminary Injunction Pursuant to Rule 65(a) filed by Marietta Brenner. (aty,DeReus, Garret) |
| Filing 12 REDACTED EXHIBITS (Redacted Exhibit 2) re #4 MOTION for Preliminary Injunction by Marietta Brenner. (Attachments: #1 Redacted Exhibit 3, #2 Redacted Exhibit 4)(aty,Bizer, Andrew) Modified on 10/16/2020 to edit text (Taylor, L). |
| Filing 11 ELECTRONIC MINUTE ENTRY: The preliminary injunction hearing set for 10/19/2020 at 9:00 AM will be held via Zoom. Instructions will be emailed to each participant. Counsel is responsible for sharing the invite with any witnesses. The public is welcome to participate via video conference. If the public and/or media wish to participate in the hearing, please email Foote_VTC@lawd.uscourts.gov to request access information. The access information will be delivered via email to the email address from which the request originated. However, those who are granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by Judge Elizabeth E Foote on 10/15/2020. (crt,Keifer, K) |
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Filing 10
ORDER denying #5 Motion to Seal Exhibits. Plaintiff should instead file the exhibits with the child's name redacted. Signed by Judge Elizabeth E Foote on 10/14/2020. (crt,Keifer, K)
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| Filing 9 MEMORANDUM in Opposition re #4 MOTION for Preliminary Injunction Pursuant to Rule 65(a) filed by Southfield School. (Attachments: #1 Exhibit A Dec of Justin Smith, #2 Exhibit A-1 Letter to Southfield families, #3 Exhibit A-2 Letter to Southfield School, #4 Exhibit A-3 July 14 letter, #5 Exhibit A-4 Letter from La Heads of School, #6 Exhibit A-5 August 3 email, #7 Exhibit A-6 email from Justin Smith, #8 Exhibit A-7 email from Brenner, #9 Exhibit B Dec of Lesley Brice, #10 Exhibit B-1 phone message, #11 Exhibit B-2 emails, #12 Exhibit C Dec of Danette Colvin)(aty,Schoen, Hunter) |
| Filing 8 ANSWER to #1 Complaint, with Jury Demand by Southfield School.(Attorney Hunter Jacob Schoen added to party Shreveport School of Progressive Education(pty:dft))(aty,Schoen, Hunter) Modified on 10/14/2020 to add correct filer (Dauterive, C). |
| Filing 7 MINUTE ENTRY: A preliminary injunction hearing is set for 10/19/2020 at 9:00 AM and will be held via Zoom. Instructions will be emailed to each participant. Defendant's reply is due 10/13/2020. The parties shall inform the Court whether they intend to present witnesses at the hearing by 10/15/2020 at 12:00 p.m. Signed by Judge Elizabeth E Foote on 9/28/2020. (A copy of the minute entry was mailed to Adnan Samhan.)(crt,Keifer, K) |
| Filing 6 MINUTE ENTRY: re #4 MOTION for Preliminary Injunction. Plaintiff is directed to email confirmation of service directly to foote_motions@lawd.uscourts.gov. Upon receipt, the Court will issue a briefing schedule regarding Plaintiff's motion for a preliminary injunction. Signed by Judge Elizabeth E Foote on 9/25/2020. (crt,Keifer, K) |
| Filing 5 MOTION to Seal Attached Document Exhibits 2, 3, and 4 to Motion for Preliminary Injunction by Marietta Brenner. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/24/2020. (Attachments: #1 Proposed order, #2 Proposed exhibit, #3 Proposed exhibit, #4 Proposed exhibit)(aty,Bizer, Andrew) |
| Filing 4 MOTION for Preliminary Injunction Pursuant to Rule 65(a) by Marietta Brenner. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1 Declaration of Marietta Brenner, #3 Exhibit 2 Placeholder, #4 Exhibit 3 Placeholder, #5 Exhibit 4 Placeholder, #6 Exhibit 5 Letter from Counsel)(aty,Bizer, Andrew) |
| Motions Transferred regarding #5 Ex Parte MOTION to Seal Attached Document Exhibits 2, 3, and 4 to Motion for Preliminary Injunction. Motions referred to Judge Elizabeth E Foote. (crt,Taylor, L) |
| Filing 3 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Mark L Hornsby on 9/18/2020. (crt,Rider, M) |
| Filing 2 SUMMONS ISSUED as to Shreveport School of Progressive Education. (crt,Dunford, T) |
| Filing 1 COMPLAINT against Shreveport School of Progressive Education with Jury Demand (Filing fee $400, receipt number ALAWDC-4390958) filed by Marietta Brenner. (Attachments: #1 Civil cover sheet, #2 Proposed summons/writ)(Attorney Garret Scott DeReus added to party Marietta Brenner(pty:pla))(aty,DeReus, Garret) |
| CASE Assigned to Judge Elizabeth E Foote and Magistrate Judge Mark L Hornsby. (crt,Dunford, T) |
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