American Civil Liberties Union of Minnesota v. Tarek ibn Ziyad Academy et al
| American Civil Liberties Union of Minnesota |
| Moira Fahey, Mohamed Faird, Asad Zaman, Asif Rahman, Tarek ibn Ziyad Academy, Islamic Relief USA, Alice Seagren, Minnesota Department of Education, The, Mahrous Kandil and Mona Elnahrawy |
| 0:2009cv00138 |
| January 21, 2009 |
| US District Court for the District of Minnesota |
| DMN Office |
| Dakota |
| Graham |
| Tunheim |
| Constitutional - State Statute |
| 28 U.S.C. ยง 2201 Constitutionality of State Statute(s) |
| Plaintiff |
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Filing
705
ORDER granting in part and denying in part 642 Motion for Attorney Fees; granting in part and denying in part 645 Motion for Attorney Fees. See Order for details. (Written Opinion.) Signed by Judge Donovan W. Frank on 02/28/2012. (rlb)
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Filing
681
ORDER. 1. Plaintiff's Motion to Confirm Settlements (Doc. No. 547 ) is GRANTED IN PART and DENIED IN PART as follows: a. The documents obtained by subpoena from Tunheim Partners that were designated confidential (Stipulation of Facts at Tab Nos . 307, 308, 309, 310, 318, 329, 330, 331, 332, 333, 334, 344, and 576) shall remain confidential and subject to the Protective Order and shall not be disclosed to the public, and the Stipulation of Facts shall be revised to remove any reference to th ose documents or information obtained from those documents. b. Subject to Paragraph 1a. above, the Settlement Agreement and Release of Claims between the ACLU and the Commissioner (Doc. No. 550, Pfeifer Decl. 2, Ex. 1), including all of the exhibits attached to the Settlement Agreement that are not confidential under Paragraph 1a. above, need not be restricted pursuant to the Protective Order. 2. The Court will maintain jurisdiction over this matter to enforce the terms of the Settlement Agreem ent for one year. 3. The Court directs the ACLU and the Commissioner to jointly submit their Stipulation for Dismissal of Claims by American Civil Liberties Union of Minnesota Against Commissioner Brenda Cassellius (Exhibit C to the Settlement Agreem ent) for the Court's execution. 4. Plaintiff's Motion to Strike Jury Demands (Doc. No. 599 ) is DENIED. 5. Islamic Relief's Motion for Summary Judgment on Cross-Claim for Indemnification as Against TiZA (Doc. No. 509 ) is GRANTED ins ofar as the Court concludes that the settlement between Islamic Relief and the ACLU is reasonable and made in good faith. 6. TiZA is liable to Islamic Relief for the $267,500 settlement payment that Islamic Relief made to the ACLU in settlement of the ACLUs claims against Islamic Relief. 7. Islamic Relief's (Doc. No. 509 ) and the Commissioners (Doc. No. 507 ) requests to direct entry of final judgment under Fed. R. Civ. P. 54(b) are GRANTED. 8. The Clerk of Court shall enter final judgment under Fed. R. Civ. P. 54(b) on Islamic Relief's cross-claim for indemnification and the Commissioner's cross-claim for indemnification.(Written Opinion). Signed by Judge Donovan W. Frank on 9/29/2011. (BJS)
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Filing
606
MEMORANDUM OPINION AND ORDER. 1. TiZA Defendants' Motion for Summary Judgment (Doc. No. 521 ) is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiff's claims against defendants Mohammed Farid, Moira Fahey, and Mona Elnahrawy are DISMISSED insofar as they are asserted against them in their individual capacities. b. Plaintiff's claim for a refund of student aid is DISMISSED insofar as it is as asserted against defendants Asif Rahman, Mahrous Kandil, Mona Elnahrawy, Moira Fahey, and Mohammed Farid. 2. Islamic Relief's Motion for Summary Judgment on Cross-Claim for Indemnification as Against TiZA (Doc. No. 509 ) is GRANTED IN PART. a. The portion of Islamic Relief's motion directed at its cross-claim for ind emnification is GRANTED in that the Court finds that Islamic Relief is entitled to indemnification under the Contract. b. The Court defers ruling on the issue of whether the settlement between Islamic Relief and Plaintiff was reasonable and made in g ood faith and Islamic Relief's request under Rule 54(b) pending the motion for confirmation of settlement. 3. The Commissioner's Motion for Summary Judgment as to Plaintiff's Claim and on Cross-Claim for Indemnification as Against TiZA (Doc. No. 507 ) is GRANTED IN PART and DENIED IN PART as follows: a. The portion of the Commissioner's motion directed against Plaintiff's claims is DENIED WITHOUT PREJUDICE AS MOOT. b. The portion of the Commissioner's motion directed at its cross-claim for indemnification is GRANTED. (Written Opinion). Signed by Judge Donovan W. Frank on 4/20/2011. (BJS)
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Filing
573
MEMORANDUM OPINON AND ORDER 1. The Disqualifiers' Motion to Disqualify (Doc. No. 344 ) is DENIED. 2. Plaintiff's Motion for Sanctions (Doc. No. 454 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 2/17/2011. (BJS)
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Filing
359
ORDER AND MEMORANDUM re 332 Objection To Discovery Ruling filed by Tarek ibn Ziyad Academy. Magistrate Judge Jeanne J. Graham's July 13, 2010 Order (Doc. No. 328 ) is AFFIRMED. (Written Opinion). Signed by Judge Donovan W. Frank on 10/1/2010. (BJS)
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Filing
260
MEMORANDUM OPINION AND ORDER. 1. TiZA Defendants' Motion for an Order for Judgment (Doc. No. 209 ) is DENIED in its entirety as stated in the Order; and 2. Applicant's Motion to Intervene (Doc. No. 233 ) is DENIED. See Order for additional details. (Written Opinion). Signed by Judge Donovan W. Frank on 5/7/2010. (BJS)
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Filing
152
MEMORANDUM OPINION AND ORDER. Plaintiff's Motion to Dismiss Counterclaims (Doc. No. 91 ) is GRANTED consistent with the order above. TIZA's Counterclaims (Doc. No. 76 ) are DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 12/9/09. (BJS)
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Filing
112
MEMORANDUM OPINION AND ORDER denying 68 Motion to Stay (Written Opinion). Signed by Judge Donovan W. Frank on 9/24/09. (GMO)
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Filing
60
MEMORANDUM OPINION AND ORDER denying 29 Motion for Hearing; granting in part and denying in part 32 Motion to Dismiss; granting in part and denying in part 12 Motion to Dismiss; granting in part and denying in part 17 Motion to Dismiss (Written Opinion). Signed by Judge Donovan W. Frank on 7/21/09. (GMO)
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