Lummayos et al v. Banks et al
| Kamolporn Lummayos, Jhoana Juca, Maria Navarro-Carrillo, Marina Burgos Parra, Cynthia Ramos and Rosa Zayas |
| David C. Banks, NEW YORK CITY DEPARTMENT OF EDUCATION and New York City Department Of Education, |
| 1:2023cv10182 |
| November 20, 2023 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Education |
| 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title) |
| None |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 LETTER addressed to Judge Edgardo Ramos from Jason Imbiano dated December 21, 2023 re: correcting misstatement. Document filed by David C. Banks, New York City Department Of Education,..(Imbiano, Jason) |
Filing 30
MEMO ENDORSEMENT: on re: #29 Letter filed by David C. Banks, New York City Department Of Education. ENDORSEMENT: In light of Defendants' representations, no conference is needed at this time, nor will the Court set a schedule for a joint status update. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/20/2023) (ama)
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| Filing 29 LETTER addressed to Judge Edgardo Ramos from Jason Imbiano dated December 20, 2023 re: ECF No. 26. Document filed by David C. Banks, New York City Department Of Education,..(Imbiano, Jason) |
| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 12/12/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 27 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 12/12/2023 before Judge Edgardo Ramos. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2024. Redacted Transcript Deadline set for 1/19/2024. Release of Transcript Restriction set for 3/18/2024..(McGuirk, Kelly) |
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Filing 26
MEMO ENDORSEMENT: on re: #25 Letter filed by Marina Burgos Parra, Jhoana Juca, Kamolporn Lummayos, Maria Navarro-Carrillo, Rosa Zayas, Cynthia Ramos. ENDORSEMENT: Defendants are directed to respond by December 20, 2023 at 5 PM. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/18/2023) (ama)
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| Filing 25 LETTER addressed to Judge Edgardo Ramos from Rory J. Bellantoni dated December 18, 2023 re: Defendants failure to explain why pendency payments have not been made. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #18 Memorandum of Law in Opposition, #12 Memorandum of Law in Support,,, . Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
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Filing 23
MEMO ENDORSEMENT on re: #22 Letter,, filed by Marina Burgos Parra, Jhoana Juca, Kamolporn Lummayos, Maria Navarro-Carrillo, Rosa Zayas, Cynthia Ramos, ENDORSEMENT: Plaintiffs' request for an extension of the time to file the reply, until December 11, 2023 at noon, is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 12/8/2023) ( Replies due by 12/11/2023.) (ks)
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| Filing 22 LETTER addressed to Judge Edgardo Ramos from Rory J. Bellantoni dated December 8, 2023 re: Plaintiffs' request for one-day extension to file Reply. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 21 LETTER addressed to Judge Edgardo Ramos from Jason Imbiano dated December 5, 2023 re: docket entry filed in error. Document filed by David C. Banks, New York City Department Of Education,..(Imbiano, Jason) |
| Filing 20 LETTER addressed to Judge Gregory H. Woods from the Parties dated December 5, 2023 re: joint status letter. Document filed by David C. Banks, New York City Department Of Education,..(Imbiano, Jason) |
| Filing 19 DECLARATION of Sapna Kapoor . Document filed by David C. Banks, New York City Department Of Education,..(Imbiano, Jason) |
| Filing 18 MEMORANDUM OF LAW in Opposition to Plaintiffs' Memorandum of Law (ECF No. 12). Document filed by David C. Banks, New York City Department Of Education,..(Imbiano, Jason) |
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Filing 17
ORDER: granting #16 Letter Motion for Conference re: #16 LETTER MOTION for Conference re: #15 Order setting forth the parties' proposed briefing schedule and requesting emergency hearing be held on December 8, 2023 or at the Court's earliest convenience. addressed to Judge Edgardo. The parties' proposed briefing schedule is approved: Defendants' opposition will be due December 5, 2023, and Plaintiffs' reply will be due December 7, 2023. The Court will hold a hearing on the motion for a preliminary injunction on December 12, 2023 at 2:30 PM before the Honorable Edgardo Ramos in Courtroom 619 of the United States Courthouse, 40 Foley Square, New York, NY.. (Signed by Judge Edgardo Ramos on 11/29/2023) (ama)
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| Set/Reset Deadlines:, Set/Reset Deadlines as to ( Motion Hearing set for 12/12/2023 at 02:30 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) Responses due by 12/5/2023 Replies due by 12/7/2023. (ama) |
| Filing 16 LETTER MOTION for Conference re: #15 Order,,,, setting forth the parties' proposed briefing schedule and requesting emergency hearing be held on December 8, 2023 or at the Court's earliest convenience addressed to Judge Edgardo Ramos from Rory J. Bellantoni dated November 28, 2023. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 23-cv-5802 and declined by Judge John P. Cronan and returned to wheel for assignment. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (tro) |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro) |
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Filing 15
ORDER Plaintiff Kamolporn Lummayos ("Lummayos"), who brings this suit as parent and guardian of R. L., has moved for emergency relief, seeking an order from this Court on an ex parte basis that the New York City Department of Education("DOE") must immediately fund the cost of the plaintiffs' attendance at the International Academy for the Brain ("iBRAIN"). See Dkt. Nos. 11, 12. Lummayos has not "clearly show[n]" that "immediate and irreparable injury" will result"before the adverse party can be heard in opposition, "and the Court denies Lummayos' motion for emergency ex parte relief. Fed. R. Civ. P. 65(b)(1). Lummayos' attorney also has not certified in writing the reasons why the Court should not be required to wait to hear DOE's opposition, which is required for ex parte relief. Id. The parties are directed to jointly propose a briefing schedule for Lummayos' motion for a preliminary injunction. SO ORDERED. (Signed by Part One Judge Victor Marrero on 11/22/2023) (jca)
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| Filing 14 NOTICE OF APPEARANCE by Jason William Imbiano on behalf of David C. Banks, New York City Department Of Education,..(Imbiano, Jason) |
| Filing 13 ACKNOWLEDGMENT OF SERVICE of Memorandum of Law in Support of Order to Show Cause for Temporary Restraining Order and/or Preliminary Injunction and Proposed Order to Show Cause served on David C. Banks in his Official Capacity as Chancellor of the New York City Department of Education, and the New York City Department of Education on 11/22/2023. Service was made by email. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 Proposed Order to Show Cause With Emergency Relief,, For Temporary Restraining Order and/or Preliminary Injunction. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually). (Attachments: #1 Exhibit 1 - Declaration of Arthur Mielnik).(Bellantoni, Rory) |
| Filing 11 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 10 ACKNOWLEDGMENT OF SERVICE. David C. Banks served on 11/21/2023, answer due 12/12/2023; New York City Department Of Education, served on 11/21/2023, answer due 12/12/2023. Service was made by Email. Document filed by Maria Navarro-Carrillo(Individually); Rosa Zayas(as Parent and Natural Guardian of R.Z.); Jhoana Juca(as Parent and Natural Guardian of K.A.); Marina Burgos Parra(as Parent and Natural Guardian of C.P.); Cynthia Ramos(as Parent and Natural Guardian of W.R.); Rosa Zayas(Individually); Kamolporn Lummayos(Individually); Marina Burgos Parra(Individually); Jhoana Juca(Individually); Kamolporn Lummayos(as Parent and Natural Guardian of R.L.); Cynthia Ramos(Individually); Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.)..(Bellantoni, Rory) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department Of Education,..(pc) |
| Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-05802. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Jampel, Daniela) |
| Filing 7 CIVIL COVER SHEET filed..(Jampel, Daniela) |
| Filing 6 COMPLAINT against David C. Banks, New York City Department Of Education,. Document filed by Maria Navarro-Carrillo(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Jhoana Juca(as Parent and Natural Guardian of K.A.), Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Rosa Zayas(Individually), Kamolporn Lummayos(Individually), Marina Burgos Parra(Individually), Jhoana Juca(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Cynthia Ramos(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.). (Attachments: #1 Exhibit R.L.s iBrain Enrollment Agreement, #2 Exhibit R.L.s Special Transportation Agreement, #3 Exhibit R.L.s Pendency Order, #4 Exhibit K.A.s iBrain Enrollment Agreement, #5 Exhibit K.A.s Special Transportation Agreement, #6 Exhibit K.A.s Pendency Order, #7 Exhibit M.G.s iBrain Enrollment Agreement, #8 Exhibit M.G.s Special Transportation Agreement, #9 Exhibit M.G.s Pendency Order, #10 Exhibit C.P.s iBrain Enrollment Agreement, #11 Exhibit C.P.s Special Transportation Agreement, #12 Exhibit C.P.s Pendency Order, #13 Exhibit W.R.s iBrain Enrollment Agreement, #14 Exhibit W.R.s Special Transportation Agreement, #15 Exhibit W.R.s Nursing Agreement, #16 Exhibit W.R.s Pendency Implementation Form, #17 Exhibit R.Z.s iBrain Enrollment Agreement, #18 Exhibit R.Z.s Special Transportation Agreement, #19 Exhibit R.Z.s Nursing Agreement, #20 Exhibit R.Z.s Pendency Order, #21 Exhibit R.Z. Sisters Transportation letter, #22 Exhibit November 1, 2023 Email Chain, #23 Exhibit November 3, 2023 Email Chain).(Jampel, Daniela) |
| CASE REFERRED TO Judge John P. Cronan as possibly related to 23cv5802. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniela Jampel. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniela Jampel to RE-FILE Document No. #1 Complaint,,,,,,,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniela Jampel. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Daniela Jampel to RE-FILE Document No. #3 Statement of Relatedness,,. The filing is deficient for the following reason(s): the related case statement was not signed;. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniela Jampel to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed, related case number and judge was not noted on the first page. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| Filing 5 NOTICE OF APPEARANCE by Rory J. Bellantoni on behalf of Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to DAVID C. BANKS, in his official capacity as Chancellor of the New York City Department of Education, and NEW YORK CITY DEPARTMENT OF EDUCATION, re: #1 Complaint,,,,,,,. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Jampel, Daniela) |
| Filing 3 FILING ERROR - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-05802. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Jampel, Daniela) Modified on 11/21/2023 (pc). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Jampel, Daniela) Modified on 11/21/2023 (pc). |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number BNYSDC-28593205)Document filed by Maria Navarro-Carrillo(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Jhoana Juca(as Parent and Natural Guardian of K.A.), Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Rosa Zayas(Individually), Kamolporn Lummayos(Individually), Marina Burgos Parra(Individually), Jhoana Juca(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Cynthia Ramos(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.). (Attachments: #1 Exhibit R.L.s iBrain Enrollment Agreement, #2 Exhibit R.L.s Special Transportation Agreement, #3 Exhibit R.L.s Pendency Order, #4 Exhibit K.A.s iBrain Enrollment Agreement, #5 Exhibit K.A.s Special Transportation Agreement, #6 Exhibit K.A.s Pendency Order, #7 Exhibit M.G.s iBrain Enrollment Agreement, #8 Exhibit M.G.s Special Transportation Agreement, #9 Exhibit M.G.s Pendency Order, #10 Exhibit C.P.s iBrain Enrollment Agreement, #11 Exhibit C.P.s Special Transportation Agreement, #12 Exhibit C.P.s Pendency Order, #13 Exhibit W.R.s iBrain Enrollment Agreement, #14 Exhibit W.R.s Special Transportation Agreement, #15 Exhibit W.R.s Nursing Agreement, #16 Exhibit W.R.s Pendency Implementation Form, #17 Exhibit R.Z.s iBrain Enrollment Agreement, #18 Exhibit R.Z.s Special Transportation Agreement, #19 Exhibit R.Z.s Nursing Agreement, #20 Exhibit R.Z.s Pendency Order, #21 Exhibit R.Z. Sisters Transportation letter, #22 Exhibit November 1, 2023 Email Chain, #23 Exhibit November 3, 2023 Email Chain).(Jampel, Daniela) Modified on 11/21/2023 (pc). |
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