Simpson-Vlach et al v. Michigan Department of Education et al
| Rita C. Simpson-Vlach, Christopher Place, Alan Simpson-Vlach and Kathy Bishop |
| Dr. Jeanice Kerr Swift, Ann Arbor Public Schools, Michael F. Rice, Dr. Marianne Fidishin, Michigan Department of Education, Naomi Norman, Washtenaw Intermediate School District and Scott A. Menzel |
| 5:2021cv11532 |
| June 30, 2021 |
| US District Court for the Eastern District of Michigan |
| Judith E Levy |
| Anthony P Patti |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 22, 2022. A more recent docket listing may be available from PACER.
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Filing 41
RESPONSE to #20 MOTION to Dismiss filed by All Plaintiffs. (Carne, Charlotte)
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Filing 40
ORDER Striking #39 Response to Motion, and #27 MOTION for Preliminary Injunction. Signed by District Judge Judith E. Levy. (WBar)
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Filing 39
(STRICKEN - SEE ECF NO. 40) RESPONSE to #20 MOTION to Dismiss filed by All Plaintiffs. (Carne, Charlotte) Modified on 8/25/2021 (WBar).
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Filing 38
MOTION to Dismiss by Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Attachments: #1 Index of Exhibits, #2 Exhibit 1.Plaintiff 6/29/21 letter to Ann Arbor School District, #3 Exhibit 2.Due Process Complaint) (Mullins, Timothy)
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Filing 37
STIPULATION AND ORDER Striking 33 MOTION to Dismiss filed by Scott A. Menzel, Washtenaw Intermediate School District, Naomi Norman. Signed by District Judge Judith E. Levy. (WBar)
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Filing 36
DECLARATION by Dr. Marianne Fidishin re #34 MOTION to Dismiss Complaint filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: #1 Index of Exhibits, #2 Exhibit Curriculum VItae of Dr. Fidishin, #3 Exhibit AAPS SISS Frequently Asked Questions May 2020, #4 Exhibit Reimagine Learning Plan Special Education Supplement, #5 Exhibit SISS Information--Staff Return to In-Person, #6 Exhibit Student HP February 2021 Non-Public Service Plan, #7 Exhibit MDE-OSE Guidance IDEA-MARSE May 2020, #8 Exhibit Ten Day Notice Letter for Student HP, #9 Exhibit District Response to Ten Day Notice Letter, #10 Exhibit MDE Guidance August 2020, #11 Exhibit Due Process Complaint, #12 Exhibit Due Process Hearing Scheduling Order, #13 Exhibit District Response to Due Process Complaint, #14 Exhibit Procedural Safeguards Notice) (Landau, Richard)
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Filing 35
DECLARATION by Dr. Jeanice Kerr Swift re #34 MOTION to Dismiss Complaint filed by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift (Attachments: #1 Index of Exhibits, #2 Exhibit Curriculum Vitae of Dr. Swift, #3 Exhibit AAPS Continuity of Learning Response Plan, #4 Exhibit Reimagine Learning Plan Overview, #5 Exhibit FY 2020-21 IDEA Grant Budget) (Landau, Richard)
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Filing 34
MOTION to Dismiss Complaint by Ann Arbor Public Schools, Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard)
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Filing 32
STIPULATION AND ORDER Regarding Briefing Schedule for State Defendants' Motion to Dismiss #20 , AAPS and WISD Defendants' Motions to Dismiss, and Plaintiffs' Motion for Automatic and Preliminary Injunction #27 . Briefing for Motion to Dismiss #20 : Response due by 8/19/2021 and Reply due by 9/2/2021. [Refer to image for additional deadlines] Signed by District Judge Judith E. Levy. (EPar)
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Filing 31
STIPULATED ORDER Extending Page Limit for Defendant Ann Arbor Public Schools, Signed by District Judge Judith E. Levy. (WBar)
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Filing 30
STIPULATED ORDER Allowing Excess Pages, Signed by District Judge Judith E. Levy. (WBar)
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Filing 29
NOTICE of Appearance by Nadia Dionne Vann on behalf of Michigan Department of Education, Michael F. Rice. (Vann, Nadia)
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Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 8/9/2021 (Court Reporter: None Present, Not on the Record) (WBar)
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Filing 28
CERTIFICATE OF SERVICE re #27 MOTION for Preliminary Injunction by All Plaintiffs (Carne, Charlotte)
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Filing 27
(STRICKEN - SEE ECF NO. 40) MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Carne, Charlotte) Modified on 8/25/2021 (WBar).
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TEXT-ONLY ORDER Granting #21 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar)
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Filing 26
NOTICE of Appearance by Rory Jude Bellantoni on behalf of Kathy Bishop, Christopher Place, Alan Simpson-Vlach, Rita C. Simpson-Vlach. (Bellantoni, Rory)
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Filing 25
NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 8/9/2021 11:30 AM before District Judge Judith E. Levy (WBar)
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Filing 24
STIPULATED ORDER Extending Time for Defendants WASHTENAW ISD, SCOTT MENZEL, NAOMI NORMAN to Answer #1 Complaint; Responsive Pleading due by 8/19/2021, Signed by District Judge Judith E. Levy. (WBar)
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Filing 23
NOTICE OF HEARING on #20 MOTION to Dismiss . Motion Hearing set for 11/4/2021 03:00 PM before District Judge Judith E. Levy (WBar)
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Filing 22
STIPULATED ORDER Extending Time for Defendants Ann Arbor Public Schools, Dr. Jeanice Swift and Dr. Marianne Fidishin to Answer #1 Complaint; Responsive Pleading due by 8/19/2021, Signed by District Judge Judith E. Levy. (WBar)
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Filing 21
MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: #1 Exhibit) (Carne, Charlotte)
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Filing 20
MOTION to Dismiss by Michigan Department of Education, Michael F. Rice. (Giovanatti, Neil)
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Filing 19
NOTICE of Appearance by Neil Anthony Giovanatti on behalf of Michigan Department of Education, Michael F. Rice. (Giovanatti, Neil)
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Filing 18
NOTICE of Appearance by Richard J. Landau on behalf of Marianne Fidishin, Jeanice Kerr Swift. (Landau, Richard)
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Filing 17
NOTICE of Appearance by Richard J. Landau on behalf of Ann Arbor Public Schools. (Landau, Richard)
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Filing 16
CERTIFICATE of Service/Summons Returned Executed.. (Carne, Charlotte)
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Filing 15
CERTIFICATE of Service/Summons Returned Executed. Jeanice Kerr Swift served on 7/15/2021, answer due 8/5/2021. (Carne, Charlotte)
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Filing 14
CERTIFICATE of Service/Summons Returned Executed. Ann Arbor Public Schools served on 7/15/2021, answer due 8/5/2021. (Carne, Charlotte)
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Filing 13
NOTICE of Appearance by Travis M. Comstock on behalf of Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Comstock, Travis)
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Filing 12
NOTICE of Appearance by John L. Miller on behalf of Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Miller, John)
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Filing 11
NOTICE of Appearance by Timothy J. Mullins on behalf of Scott A. Menzel, Naomi Norman, Washtenaw Intermediate School District. (Mullins, Timothy)
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Filing 10
ORDER striking 9 Motion for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar)
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Filing 8
CERTIFICATE of Service/Summons Returned Executed. Washtenaw Intermediate School District served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte)
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Filing 7
CERTIFICATE of Service/Summons Returned Executed. Michigan Department of Education served on 7/8/2021, answer due 7/29/2021. (Carne, Charlotte)
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Filing 6
CERTIFICATE of Service/Summons Returned Executed. Michael F. Rice served on 7/8/2021, answer due 7/29/2021. (Carne, Charlotte)
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Filing 5
CERTIFICATE of Service/Summons Returned Executed. Naomi Norman served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte)
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Filing 4
CERTIFICATE of Service/Summons Returned Executed. Scott A. Menzel served on 7/2/2021, answer due 7/23/2021. (Carne, Charlotte)
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Filing 3
SUMMONS Issued for * All Defendants * (LGra)
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Filing 2
SUMMONS Issued for * All Defendants * (TTho) Modified on 7/1/2021 (LGra).[INCORRECT ADDRESS FOR ATTORNEY SUMMONS RE-ISSUED]
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Filing 1
COMPLAINT 2:21-cv-11532 filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8521135 - Fee: $ 402. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit Exhibit A, A.S. IEP, #2 Exhibit Exhibit B, M.S. IEP, #3 Exhibit Exhibit C, C.P. IEP, #4 Exhibit Exhibit D, H.P. IEP, #5 Exhibit Exhibit E, 3/12/20 Supplemental Fact Sheet by the United States Department of Education, #6 Exhibit Exhibit F, March 2020 Questions and Answers for Providing Services to Children with Disabilities during the Coronavirus Disease 2019 Outbreak, #7 Exhibit Exhibit G, April 10, 2020 Guidance from the MDE, #8 Exhibit Exhibit H, August 8, 2019 IDEA Award, #9 Exhibit Exhibit I, July 1, 2020 Letter from U.S. DOE) (Carne, Charlotte)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (TTho)
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