O.V., ET AL. V. DURHAM COUNTY PUBLIC SCHOOLS BOARD OF EDUCATION, et al
| O. V., Minh Pham and PETER VARLASHKIN |
| DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION, BERT L'HOMME, KRISTEN BELL, LESSLEY MADER, JULIE HAASE, SHERRI ALLEN, ASHLEY BUNN and NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION |
| 1:2017cv00691 |
| July 25, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| UNASSIGNED |
| L. PATRICK AULD |
| Civil Rights: Education |
| 20 U.S.C. ยง 1401 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
124
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 4/15/2021; that the Durham Board's Administrative Motion (Docket Entry 108 ) is DENIED. FURTHER that Plaintiffs' Administrative Motion (Do cket Entry 112 ) is GRANTED IN PART and DENIED IN PART as set out herein. FURTHER that the parties shall confer and shall file, on or before May 13, 2021, a notice setting forth their joint or individual proposals regarding appropriate procedures fo r addressing the outstanding reimbursement issues. FURTHER that the Durham Board's Summary Judgment Motion (Docket Entry 110 ) and Plaintiffs' Summary Judgment Motion (Docket Entry 114 ) are GRANTED IN PART and DENIED IN PART as set out herein. (Hicks, Samantha)
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Filing
61
ORDER signed by JUDGE CATHERINE C. EAGLES on 7/10/2018 adopting the Magistrate Judge's Recommendations 58 ; that the State Motion to Dismiss, Doc. 42 , is GRANTED and that the Local Motion to Dismiss, Doc. 47 , is GRANTED IN PART AND DENIED IN PART as follows: 1. The Local Motion is DENIED as to their breach of contract claim and their IDEA, Section 504, and ADA claims arising on or after November 26, 2014, against the Durham Public Schools Board of Education; 2. The plaintiffs' Se ction 1983 and NCPDPA claims against Kristin Bell, Lessley Mader, Ashley Bunn, Sheri Allen, Julie Haase, Bert L'Homme, and the Durham Public Schools Board of Education are DISMISSED for failure to state a claim; 3. The plaintiffs' IDEA, Sec tion 504, ADA, and NCSES claims arising before November 26, 2014, are DISMISSED for failure to exhaust administrative remedies (and, as to such IDEA and NCSES claims, pursuant to the Settlement Agreements release); and 4. The plaintiffs' remaining NCSES claims are DISMISSED as abandoned. (Sheets, Jamie)
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Filing
58
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 6/6/2018; that the State Dismissal Motion (Docket Entry 42 ) be granted. FURTHER that the Local Dismissal Motion (Docket Entry 47 ) be gr anted in part and denied in part as follows: (1) Plaintiffs' Section 1983 and NCPDPA claims against L'Homme and Local Defendants should be dismissed for failure to state a claim; (2) Plaintiffs' IDEA, Section 504, ADA, and NCSES claims arising prior to November 26, 2014, should be dismissed for failure to exhaust administrative remedies (and, as to such IDEA and NCSES claims, pursuant to the Settlement Agreement's release); (3) Plaintiffs' remaining NCSES claims should be dismissed as abandoned; and (4) Plaintiffs' breach of contract claim and remaining IDEA, Section 504, and ADA claims should proceed against the Board. (Sheets, Jamie)
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