Hernandez et al v. Lujan Grisham et al
| David Gallegos, Clarissa and Robert Sanchez, Shannon Woodworth, Clarissa Hernandez and Robert Hernandez |
| Ryan Steward, Kathyleen M. Kunkel, Michelle Lujan Grisham and State of New Mexico |
| 2:2020cv00942 |
| September 16, 2020 |
| US District Court for the District of New Mexico |
| James O Browning |
| Gregory B Wormuth |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 63 REPLY to Response to Motion re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward. (Garcia, Matthew) |
Filing 61
MEMORANDUM OPINION AND ORDER granting #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction , denying in part and moot in part #22 MOTION to Dismiss by District Judge James O. Browning. (vv)
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| Filing 60 CERTIFICATE OF SERVICE by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward (Attachments: #1 Exhibit A)(Garcia, Matthew) |
| Filing 58 NOTICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth Document Filed Under Seal (Dunn, A.) |
| Filing 57 CERTIFICATE OF SERVICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth Subpoena's Served (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dunn, A.) |
| Filing 56 AMENDED NOTICE of Hearing on Motion #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM :Motion Hearing set for 11/16/2020 at 04:00 PM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (jmg)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 55 NOTICE of Hearing on Motion #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM :>/BR> Motion Hearing set for 11/19/2020 at 04:00 PM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (jmg)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| NOTICE OF HEARING: Preliminary Injunction Hearing set for 11/19/2020 at 02:00 PM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. Continuation of Preliminary Injunction Hearing set for 11/20/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning.THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (jmg) |
| Filing 54 RESPONSE in Opposition re #41 Opposed MOTION to Amend/Correct Complaint filed by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward. (Garcia, Matthew) |
| Filing 53 RESPONSE in Opposition re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth. (Attachments: #1 Exhibit X, #2 Exhibit Y) (Dunn, A.) |
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Filing 52
ORDER by District Judge James O. Browning granting #44 Motion to Expedite briefing schedule (vv)
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Filing 51
ORDER by District Judge James O. Browning granting #42 Motion to Vacate 10/30/20 hearing (vv)
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Filing 50
ORDER by District Judge James O. Browning granting #40 Motion for Leave to File Excess Pages (vv)
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| Filing 49 Clerk's Minutes for proceedings held before District Judge James O. Browning: Discovery Hearing held on 10/29/2020. (Court Reporter J Bean) (vv) |
| Filing 48 NOTICE of Hearing: Discovery Hearing set for 10/29/2020 at 01:00 PM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (jmg)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 46 FILED IN ERROR- MOTION to Seal Document #45 Notice (Other), by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth. (Dunn, A.) Modified on 10/29/2020 (vv). |
| Filing 45 NOTICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth re #16 Notice (Other), Supplemental Info Motion for Restraining Order (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P, #4 Exhibit Q, #5 Exhibit R, #6 Exhibit S, #7 Exhibit T, #8 Exhibit U, #9 Exhibit V, #10 Exhibit W) (Dunn, A.) |
| Filing 44 Unopposed MOTION to Expedite Briefing Schedule by Michelle Lujan Grisham, Ryan Steward. (Garcia, Matthew) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michelle Lujan Grisham, Ryan Steward. (Garcia, Matthew) |
| Filing 42 Unopposed MOTION to Vacate Set/Reset Hearings, #41 Opposed MOTION to Amend/Correct Complaint by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth. (Dunn, A.) |
| Filing 41 Opposed MOTION to Amend/Correct Complaint by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth. (Attachments: #1 Exhibit 1) (Dunn, A.) |
| Filing 40 Unopposed MOTION for Leave to File Excess Pages by Michelle Lujan Grisham, Ryan Steward. (Garcia, Matthew) |
| Filing 39 NOTICE of Voluntary Dismissal by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth (Dunn, A.) |
| Filing 37 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 10/19/2020 re #22 MOTION to Dismiss filed by Ryan Steward, Kathyleen M. Kunkel, Michelle Lujan Grisham. (Court Reporter J Bean) (vv) |
| Filing 36 Unopposed MOTION for Leave to Appear Telephonically at October 19, 2020, Hearing by State of New Mexico. (Sydow, Nicholas) |
| NOTICE of Hearing: Preliminary Injunction Hearing set for 10/30/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED/ (jmg) |
| Filing 35 NOTICE of Hearing on Motion #22 MOTION to Dismiss : Motion Hearing set for 10/19/2020 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (jmg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 34 REPLY to Response to Motion re #22 MOTION to Dismiss filed by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward. (Garcia, Matthew) |
| Filing 33 CERTIFICATE OF SERVICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth Subpoenas to Witnesses (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dunn, A.) |
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Filing 32
MEMORANDUM OPINION AND ORDER granting in part and denying in part #6 MOTION for Temporary Restraining Order and Preliminary Injunction by District Judge James O. Browning. (vv)
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| Filing 30 FILED IN ERROR-CERTIFICATE OF SERVICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth Subpoena Served (Dunn, A.) Modified on 10/14/2020 (vv). |
| Filing 29 FILED IN ERROR-CERTIFICATE OF SERVICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth Subpoena Served (Dunn, A.) Modified on 10/14/2020 (vv). |
| Filing 28 FILED IN ERROR-CERTIFICATE OF SERVICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth Subpoena Served (Dunn, A.) Modified on 10/14/2020 (vv). |
| Filing 27 FILED IN ERROR-CERTIFICATE OF SERVICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth Subpoena Served (Dunn, A.) Modified on 10/14/2020 (vv). |
| Filing 26 NOTICE of Voluntary Dismissal as to State of New Mexico by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth (Dunn, A.) |
| Filing 25 RESPONSE to Motion re #22 MOTION to Dismiss Governor Lujan Grisham, Secretary Kunkel and Secretary Stewart filed by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth. (Attachments: #1 Exhibit 1) (Dunn, A.) |
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Filing 24
ORDER re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction filed by State of New Mexico, #22 MOTION to Dismiss filed by Ryan Steward, Kathyleen M. Kunkel, Michelle Lujan Grisham. MINUTE ORDER pursuant to the direction of District Judge James O. Browning, the Plaintiffs shall provide the court with the following by Monday, October 12, at 12:00 p.m.: (i) a Response to the Motion to Dismiss by Kathyleen Kunkel, Michelle Lujan Grisham, and Ryan Stewart, filed October 5, 2020 (Doc. 22); and (ii) a Response to the Motion to Dismiss by the State of New Mexico, filed October 5, 2020 (Doc. 23).by District Judge James O. Browning. (hnk) [THIS IS A TEXT ONLY ENTRY; NO DOCUMENTS ARE ATTACHED] Modified on 10/13/2020 (vv).
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| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, MOTION to Dismiss for Lack of Jurisdiction by State of New Mexico. (Sydow, Nicholas) |
| Filing 22 MOTION to Dismiss by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward. (Attachments: #1 Exhibit A, #2 Exhibit B) (Garcia, Matthew) |
| Filing 21 NOTICE by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward re #18 Motion Hearing, Second Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B) (Garcia, Matthew) |
| Filing 20 NOTICE by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward of Supplemental Authority (Attachments: #1 Exhibit A) (Garcia, Matthew) |
| Filing 19 9/25/20 Email by Court (vv) |
| Filing 18 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 9/30/2020 re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Clarissa Hernandez, Shannon Woodworth, Robert Hernandez, David Gallegos. (Court Reporter J Bean) (vv) |
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Filing 17
ORDER by District Judge James O. Browning granting #13 Motion for Leave to File Excess Pages (vv)
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| Filing 16 NOTICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth re #6 MOTION for Temporary Restraining Order and Preliminary Injunction Notice of Supplemental Information (Attachments: #1 Exhibit L, #2 Exhibit M) (Dunn, A.) |
| Filing 15 REPLY to Response to Motion re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth. (Attachments: #1 Exhibit 1 John Hopkins Report excerpt) (Dunn, A.) |
| Filing 14 RESPONSE to Motion re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kathyleen M. Kunkel, Michelle Lujan Grisham, State of New Mexico, Ryan Steward. (Attachments: #1 Exhibit A, #2 Exhibit B 1, #3 Exhibit B 2, #4 Exhibit C) (Garcia, Matthew) |
| Filing 13 Unopposed MOTION for Leave to File Excess Pages by Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward. (Garcia, Matthew) |
| Filing 11 NOTICE by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth re 8 Minute Order,,,,,,, #6 MOTION for Temporary Restraining Order and Preliminary Injunction of Supplemental Information (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K) (Dunn, A.) |
| Filing 10 NOTICE of Hearing on Motion #6 MOTION for Temporary Restraining Order and Preliminary Injunction : Motion Hearing set for 9/30/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (cjw)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***Public wishing to listen through streaming may follow this process to listen: Individuals seeking audio access to a public hearing must contact the Clerk's Office to obtain login credentials for the hearing. Callers should contact the main Clerk's Office number for the courthouse where the hearing will be held: Albuquerque (505) 348-2000. If a caller is uncertain as to where the hearing is being held, staff answering the calls may provide that information as well. Staff will 1. Confirm the hearing the caller is asking to participate in is a public hearing, 2. Verify which courtroom will be used and provide the appropriate login credentials. At the stated date and time for the hearing, interested individuals will be able to access the audio stream by visiting the district court website and clicking on the link for the appropriate courtroom: https://www.nmd.uscourts.gov/district-court-audio-streaming-service-dcass.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 9 NOTICE of Appearance by Nicholas M Sydow on behalf of State of New Mexico (Sydow, Nicholas) |
| Filing 8 MINUTE ORDER pursuant to the direction of District Judge James O. Browning: The Plaintiffs shall provide the Court with the following information by Monday, September 28, at 9:00 a.m.: (i) provide documentation and explanation of Plaintiff Woodworths daughters special needs and how those special needs fall under the protections of the Individuals with Disabilities Act (IDEA); (ii) provide the Court with a copy of Plaintiff Woodworths daughters Individual Education Plan (IEP) under IDEA before the school closure policy, and any subsequent modifications to her IEP after the school closure policy; (iii) provide information and documentation regarding how schooling at home does not adhere to Plaintiff Woodworths daughters IEP; (iv) provide additional detail about what injuries Plaintiff Hernandezs children have suffered as a result of the school closure policy; (v) provide additional detail about what injury Plaintiff Gallegos has suffered as a result of the school closure policy, and what threat of irreparable injury he faces as a result of the school closure policy; (vi) provide any available expert documentation about the harm caused by New Mexicos school closure policy, because the reports Plaintiffs have thus far provided all refer to California; (vii) provide additional detail about why administrative remedies under IDEA would be futile, and which, if any, of the exceptions to IDEAs exhaustion requirement Plaintiffs allege would apply; (viii) specify whether the Plaintiffs intend to certify three subclasses pursuant to Federal Rule of Civil Procedure 23(c)(5); and (viv) provide additional information whether children in affected counties have had consistent internet access to allow them to complete online coursework. (cjw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 7 NOTICE of Appearance by Matthew L. Garcia on behalf of Kathyleen M. Kunkel, Michelle Lujan Grisham, Ryan Steward (Garcia, Matthew) |
| Filing 6 MOTION for Temporary Restraining Order and Preliminary Injunction by David Gallegos, Clarissa Hernandez, Robert Hernandez, Shannon Woodworth. (Attachments: #1 Exhibit A - Hobbs News Paper Article, #2 Exhibit B - Declaration of Clarissa Hernandez, #3 Exhibit C - Declaration of Shannon Woodworth, #4 Exhibit D- Declaration of David Gallegos, #5 Exhibit E - Keech Declaration, #6 Exhibit F - Burgess Declaration, #7 Exhibit G - Cunningham Declaration) (Dunn, A.) |
| Filing 5 NOTICE of Hearing on Plaintiff's Amended Original Complaint and Request for Temporary Restraining Order [Doc. 4]. Hearing set for 9/30/2020 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom - Remote before District Judge James O. Browning. (cjw)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 4 AMENDED COMPLAINT to Correct Caption against All Defendants. adding Clarissa Hernandez and Robert Hernandez. terminating Clarissa Sanchez and Robert Sanchez., filed by Clarissa Sanchez, David Gallegos, Shannon Woodworth, Robert Sanchez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Dunn, A.) |
| Filing 3 NOTICE by David Gallegos, Clarissa Sanchez, Robert Sanchez, Shannon Woodworth re #1 Complaint, TRO INFORMATION SHEET (Dunn, A.) |
| Summons Issued as to All Defendants. (dr) |
| United States District Judge James O. Browning and United States Magistrate Judge Gregory B. Wormuth assigned. (dr) |
| Filing 2 **FILED IN ERROR**REFUSAL TO CONSENT to Proceed before a U.S. Magistrate Judge (Dunn, A.)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 9/17/2020 (dr). |
| Filing 1 COMPLAINT against All Defendants ( Filing Fee - Online Payment), filed by Clarissa and Robert Sanchez, David Gallegos, Shannon Woodworth. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Dunn, A.) |
| Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7312078 re #1 Complaint, filed by Clarissa and Robert Sanchez, Shannon Woodworth, David Gallegos (Payment made via Pay.gov)(Dunn, A.) |
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