Burton et al v. Cleveland Heights University Heights Board of Education
| Burton, LaRhonda Burton and Amiya Burton |
| Cleveland Heights University Heights Board of Education |
| 1:2017cv00134 |
| January 18, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Civil Rights: Americans with Disabilities - Other |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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Filing 45
True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's order re #41 Notice of Appeal (USCA# 18-3595). Date issued as mandate 7/19/19, Costs: None (H,SP)
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Order [non-document]: Plaintiff Amiya Burton's Motion for Leave to Appeal in Forma Pauperis is unopposed and granted. Judge Patricia A. Gaughan on 8/21/18. (LC,S) re #42
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Order [non-document]: Plaintiff Amiya Burton's Motion to Supplement Plaintiff Amiya Burton's Motion for Leave to Appeal in Forma Pauperis is Granted. Judge Patricia A. Gaughan on 8/21/18. (LC,S) re #43
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Filing 43
Motion to supplement plaintiff Amiya Burton's motion for leave to appeal in forma pauperis filed by Plaintiff Amiya Burton. Related document(s) #42 . (Attachments: #1 Amiya Burton Affidavit of Indigency)(Wallace, Jason)
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Filing 42
Motion for leave to appeal in forma pauperis filed by Plaintiff Amiya Burton. Related document(s) #41 . (Attachments: #1 Exhibit Sixth Circuit Court of Appeals documentation regarding proceeding in forma pauperis)(Wallace, Jason)
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Acknowledgment from the USCA for Sixth Circuit of receipt of #41 Notice of Appeal (USCA# 18-3595). Date filed in USCA 6/27/18. (H,SP)
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Filing 41
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #40 Memorandum of Opinion and Order of 5/24/18, filed by Amiya Burton, LaRhonda Burton. Filing fee not paid (Wallace, Jason)
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Filing 40
Memorandum of Opinion and Order: Plaintiffs' Motion for Attorneys' Fees Associated with the Administrative Hearing is DENIED. Judge Patricia A. Gaughan on 5/24/18. (LC,S) re #33
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Filing 39
Reply to defendant's memorandum in opposition to #33 plaintiff's Motion with memorandum, for attorney fees associated with the administrative hearing filed by Amiya Burton, LaRhonda Burton. (Attachments: #1 Exhibit 1 Ohio compare 2010 Census Interactive Population Map, #2 Exhibit 2 - Laffey matrix)(Bache, Daniel)
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Order [non-document]: Plaintiffs' Motion for Extension of Time to Submit a Reply to Defendant's Opposition, Doc. #36 , Instanter is Granted to 4/9/18. Judge Patricia A. Gaughan on 3/28/18. (LC,S) re #38
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Filing 38
Motion for extension of time until 4/9/2018 to to Submit a Reply to Defendants Opposition instanter filed by Amiya Burton, LaRhonda Burton. Related document(s) #36 . (Bache, Daniel)
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Filing 37
Motion to supplement Motion for Attorney Fees Associated with the Administrative Hearing with the Correct Exhibit 3 filed by Amiya Burton, LaRhonda Burton. Related document(s) #33 . (Attachments: #1 Exhibit 3 - Affidavit of Wallace)(Wallace, Jason)
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Order [non-document]: Plaintiff's Motion to Supplement Motion for Attorneys' Fees Associated with the Administrative Hearing with the Correct Exhibit 3 is Granted. Judge Patricia A. Gaughan on 3/20/18. (Related Doc #37 )(LC,S)
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Filing 36
Opposition to #33 Motion with memorandum, for attorney fees associated with the administrative hearing filed by Cleveland Heights University Heights Board of Education. (Attachments: #1 Exhibit A - Student Registration Form, #2 Exhibit B - Email dated 9-8-15, #3 Exhibit C - Transcript of Due Process Hearing taken on 9-17-15, #4 Exhibit D - Transcript from Due Process hearing, #5 Exhibit E - Transcript of Due Process hearing taken 9-17-15, #6 Exhibit F - Emailed dated 9-8-15, #7 Exhibit G - Part of Transcript, #8 Exhibit H - Part of Transcript, #9 Exhibit I - Email dated 2-26-15, #10 Exhibit J - Cuyahoga Community College Application for Admission/Readmission, #11 Exhibit K - Letter dated 4-15-15 to J. Wallace, #12 Exhibit L - Letter dated 9-4-15 to J. Wallace, #13 Exhibit M - Complaint for Recovery of Fees Pursuant to the Individuals with Disabilities Act (IDEA) filed by J. Wallace, #14 Exhibit N - Wallace & Bache State of Ohio Articles of Org., #15 Exhibit O - Supreme Court Attorney search information for J. Wallace, #16 Exhibit P - Amiya's Evaluation Team Report dated 11-10-16)(Perrico, Kathryn)
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Order [non-document]: Defendant's Motion #35 for 17 day extension of time up to and including 3/19/18 to file response/reply to #33 Motion with memorandum, for attorney fees associated with the administrative hearing is granted to 3/19/18. Judge Patricia A. Gaughan on 2/22/18. (D,Ma) Modified text 2/23/2018 (C,KA).
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Filing 35
Motion for 17 day extension of time up to and including 3/19/18 to file response/reply to #33 Motion with memorandum, for attorney fees associated with the administrative hearing filed by Defendant Cleveland Heights University Heights Board of Education. (Perrico, Kathryn)
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Order [non-document]: Plaintiffs' Motion to Supplement Motion for Attorneys' Fees Associated with the Administrative Hearing is Granted. Judge Patricia A. Gaughan on 2/20/18. (Related Doc #34 ) (LC,S)
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Filing 34
Motion to supplement motion for attorneys fees associated with the administrative hearing filed by Amiya Burton, LaRhonda Burton. Related document(s) #33 . (Attachments: #1 Supplement Billing invoice)(Wallace, Jason)
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Filing 33
Motion with memorandum, for attorney fees associated with the administrative hearing filed by Jason D. Wallace filed by Amiya Burton, LaRhonda Burton. Related document(s) #31 , #32 ,. (Attachments: #1 Exhibit Impartial Hearing Officer Decision, #2 Exhibit State Level Review Officer Decision, #3 Exhibit Affidavit of Wallace, #4 Exhibit Affidavit of Bache, #5Exhibit Declaration of Hildebrandt, #6 Schedule Legal Services Billing of Daniel Bache)(Wallace, Jason) Modified text 2/20/2018 (C,KA).
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Order [non-document]: Plaintiffs' Motion for Extension of Time to Submit a Motion for Attorneys' Fees and Costs Associated With the Administrative Hearing is Granted to 2/16/18. Judge Patricia A. Gaughan on 2/15/18. (LC,S) re #32
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Filing 32
Motion for extension of Time to Submit a Motion for Attorneys' Fees and Costs Associated with the Administrative Hearing (re #9 ) until February 16, 2018 filed by Amiya Burton, LaRhonda Burton. (Wallace, Jason)
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Order [non-document]: Plaintiffs' Motion for for 14 days Leave to Submit a Motion for Attorneys' Fees and Costs Associated with the Administrative Hearing is Granted. Judge Patricia A. Gaughan on 1/31/18. (Related Doc #31 ) (LC,S)
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Filing 31
Motion with memorandum, for 14 days leave to Submit a Motion for Attorneys Fees Associated with the Administrative Hearing filed by Amiya Burton, LaRhonda Burton. (related doc #9 ) (Attachments: #1 Exhibit Administrative Decision of Impartial Hearing Officer with exhibits (pages 144-149 and notice of opportunity for appeal (3 pages), #2 Exhibit Administrative Decision of State Level Review Officer and 1 page notice of opportunity to bring civil action to appeal decision)(Wallace, Jason) Modified text 1/31/2018 (C,KA).
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Filing 30
Order and Stipulated Notice of Plaintiffs' Voluntary Dismissal Without Prejudice Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) is So Ordered. Judge Patricia A. Gaughan on 1/16/18. (LC,S) re #29
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Filing 29
Stipulated Notice of voluntary Dismissal without prejudice filed by Cleveland Heights University Heights Board of Education. (Cooper, Sara)
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Minutes/Order [non-document]: Status Conference was held. The Court anticipates a dismissal entry. Judge Patricia A. Gaughan on 1/12/18. (LC,S) Time: 30 mins.
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Minutes of proceedings[non-document] Status Conference was held but not completed. Telephonic Status Conference is set 1/12/18 at 10:30 a.m. Judge Patricia A. Gaughan 1/11/18. Time: 30 mins. (D,Ma)
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Filing 28
Motion to compel plaintiffs to respond to discovery requests filed by Defendant Cleveland Heights University Heights Board of Education. (Attachments: #1 Exhibit A - Defendant's First Set of Interrogatories Propounded Upon Plaintiff, Amiya Burton, #2 Exhibit B - Defendant's First Set of Requests for Admission Propounded Upon Planitiffs, LaRhonda Burton and Amiya Burton, #3 Exhibit C - Defendant's First Set of Requests for Production of Documents Propounded Upon Plaintiffs, LaRhonda Burton and Amiya Burton, #4 Exhibit D - Plaintiffs' Answers, Responses, and Objections to Defendants Interrogatories, #5 Exhibit E - Email to Opposing Counsel dated 11-15-17, #6 Exhibit F - Letter to Opposing Counsel dated 11-15-17, #7 Exhibit G - Email to Opposing Counsel dated 11-21-17, #8 Exhibit H - Email from Opposing Counsel dated 11-27-17, #9 Exhibit I - Plaintiffs' Answers, Responses, and Objections to Defendants' Interrogatories, #10 Exhibit J - Email to Opposing Counsel dated 12-7-17, #11 Exhibit K - Email from Opposing Counsel dated 12-7-17, #12 Exhibit L - Affidavit of Maria Pearlmutter)(Pearlmutter, Maria)
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Filing 27
Motion to compel plaintiffs to provide an appropriate expert witness report, pay court reporter fees, and produce expert witness for a continued deposition at plaintiffs' expense filed by Defendant Cleveland Heights University Heights Board of Education. (Attachments: #1 Exhibit A - Email dated 11-1-17, #2 Exhibit B - Email dated 11-15-17, #3 Exhibit C - Emailed dated 11-28-17, #4 Exhibit D - Affidavit dated 11-28-17, #5 Exhibit E - Transcript of 11-29-17 deposition, #6 Exhibit F - Email dated 12-15-17, #7 Exhibit G - Affidavit of Valerie Chris Gage dated 12-15-17, #8 Exhibit H - Email dated 11-16-17, #9 Exhibit I - Proof of Service, #10 Exhibit J - Subpoena Duces Tecum dated 11-13-17, #11 Exhibit K - Email dated 11-28-17 sending Subpoena Duces Tecum and copy of check to witness, #12 Exhibit L - Email dated 11-28-17 sending Subpoena Duces Tecum to Opposing Counsel, #13 Exhibit M - Subpoena Duces Tecum dated 11-28-17, #14 Exhibit N - Email dated 12-18-17 to witness, #15 Exhibit O - Email dated 12-18-17 to Opposing Counsel, #16 Exhibit P - Subpoena Duces Tecum dated 12-18-17, #17 Exhibit Q - Email provided by V. Chris Gage, #18 Exhibit R - Witness Fee Schedule, #19 Exhibit S - Witness Invoice, #20 Exhibit T - Copy of Overnighted Check sent to Witness prior to Deposition of 11-29-17, #21 Exhibit U - Cady Reporting Invoice for Court Reporter for deposition of 11-29-17, #22 Exhibit V - Affidavit of Kathryn Perrico, #23 Exhibit W - Affidavit of Maria Pearlmutter, #24 Exhibit X - Transcript of deposition of 12-20-17)(Perrico, Kathryn) Modified text 1/10/2018 (C,KA).
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Order [non-document]: Defendant's Motion to Excuse the Presence of Lead Counsel at the January 11, 2018 Telephonic Status Conference is Granted. Judge Patricia A. Gaughan on 1/3/18. (Related Doc #26 ) (LC,S)
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Filing 26
Motion to excuse appearance of Lead Counsel at the January 11, 2018 Telephonic Status Conference filed by Defendant Cleveland Heights University Heights Board of Education. (Perrico, Kathryn)
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Order [non-document]: Telephonic Status Conference of 1/5/18 is continued to 1/11/18 at 9:15 a.m. due to a scheduling conflict. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 12/18/17. (LC,S)
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Order [non-document]: Plaintiffs' Motion for Extension of Time until October 31, 2017 to Exchange Expert Report is Granted. Judge Patricia A. Gaughan on 11/2/17. (LC,S) re #25 Modified text 11/3/2017 (C,KA).
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Filing 25
Motion for extension of Exchange of Expert Report until October 31, 2017 filed by Amiya Burton, LaRhonda Burton. Related document(s) #8 , #19 . (Wallace, Jason)
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Minutes/Order [non-document]: Status Conference was held. Telephonic Status Conference is set 1/5/18 at 9:00 a.m. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 10/5/17. (LC,S) Time: 30 mins.
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Filing 24
Memorandum of Opinion and Order: Defendant's Motion for Judgment on the Pleadings (Doc. #18 ) is GRANTED IN PART AND DENIED IN PART. LaRhonda Burton's claims in Counts III, IV, and V are dismissed for lack of standing. To the extent that Mrs. Burton's retaliation claim in Count VI is based on Amiya having graduated without FAPE, the claim is dismissed for lack of standing. To the extent Amiya's and Mrs. Burton's ADA retaliation claim is based on the fee letter, it is dismissed. All other claims remain pending. Judge Patricia A. Gaughan on 9/29/17. (LC,S)
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Filing 23
Reply to Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings filed by Cleveland Heights University Heights Board of Education. Related document(s) #18 . (Attachments: #1 Exhibit A - Redacted Facts Section) (Pearlmutter, Maria) Modified text/link 8/23/2017 (C,KA).
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Filing 22
Opposition to #18 Motion for judgment on the pleadings (Memorandum in Support Incorporated Herein) filed by All Plaintiffs. (Wallace, Jason)
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Order [non-document]: Plaintiff's Motion for Leave to File Memorandum in Opposition in Excess of 20 Pages Instanter is Granted to 33 pages. Judge Patricia A. Gaughan on 8/8/17. (Related Doc #21 ) (LC,S)
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Filing 21
Motion for leave to File Memorandum in Opposition in Excess of 20 Pages Instanter filed by Amiya Burton, LaRhonda Burton. Related document(s) #18 . (Attachments: #1 Pleading 1_17cv134 Plaintiff's Memorandum in Opposition)(Wallace, Jason) Modified text 8/9/2017 (C,KA).
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Order [non-document] Plaintiff's Motion for Extension of Time to Oppose Defendant's Motion for Judgment on the Pleadings is granted to 8/07/17. #20 Judge Patricia A. Gaughan on 8/04/17.(D,Ma)
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Filing 20
Motion for extension of time until 8/7/17 to oppose #18 Motion for judgment on the pleadings (Memorandum in Support Incorporated Herein) filed by Amiya Burton, LaRhonda Burton. (Wallace, Jason) Modified text 8/1/2017 (C,KA).
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Filing 19
Order: Plaintiffs' Motion for Discovery on IDEA Claims (Doc. #14 is GRANTED. All deadlines set in the Court's Case Management Order of April 5, 2017 are extended by 90 days. Judge Patricia A. Gaughan on 7/7/17. (LC,S)
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Filing 18
Motion for judgment on the pleadings (Memorandum in Support Incorporated Herein) filed by Defendant Cleveland Heights University Heights Board of Education. (Attachments: #1 Exhibit A - IHO Decision and Ruling)(Pearlmutter, Maria)
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Filing 17
Reply in support of #14 Motion for discovery on IDEA claims filed by All Plaintiffs. (Wallace, Jason)
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Filing 16
Opposition to #14 Motion for discovery on IDEA claims filed by All Defendants. (Pearlmutter, Maria)
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Filing 15
Answer to Plaintiffs' First Amended Complaint #13 filed by All Defendants. (Perrico, Kathryn) added link 6/15/2017 (C,KA).
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Filing 14
Motion for Discovery on the IDEA claim (related entry 6/9/17 non doc) filed by All Plaintiffs. (Wallace, Jason) Modified text/NEF regenerated 6/15/2017 (C,KA).
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Minutes/Order [non-document]: Status Conference was held. Motion for Judgment on the Pleadings is due 6/30/17. Motion for Discovery on the IDEA claim is due 6/13/17. Brief in Opposition is due 6/23/17. Reply Brief is due 6/28/17. Discovery is stayed until a ruling on the Motion for Discovery. Telephonic Status Conference is set 10/5/17 at 9:00 a.m. Judge Patricia A. Gaughan on 6/9/17. (LC,S) Time: 30 mins.
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Order [non-document]: Defendant's Motion for Judgment on the Pleadings is MOOT. Judge Patricia A. Gaughan on 6/7/17. (LC,S) (Related Doc #10 )
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Filing 13
First Amended complaint against All Defendants. Filed by LaRhonda Burton, Amiya Burton. (Wallace, Jason)
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Order [non-document]: Plaintiff's Motion for Extension of Time to Oppose or Otherwise Plead is Granted to 6/15/17. Judge Patricia A. Gaughan on 5/19/17. (LC,S) re #12
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Filing 12
Motion for extension of time to oppose or otherwise plead #10 Motion (memorandum in support incorporated herein) for judgment on the pleadings filed by Amiya Burton, LaRhonda Burton. Related document(s) #10 . (Bache, Daniel) Modified text on 5/22/2017 (P,WL).
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Filing 11
Notice of Attorney Appearance as Co-Counsel by Daniel R. Bache filed by on behalf of All Plaintiffs. (Bache, Daniel) Modified text 5/2/2017 (C,KA).
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Filing 10
Motion (memorandum in support incorporated herein) for judgment on the pleadings filed by Defendant Cleveland Heights University Heights Board of Education. (Attachments: #1 Exhibit A - Impartial Hearing Officer's Decision and Ruling)(Perrico, Kathryn) Modified text 4/25/2017 (C,KA).
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Filing 9
Certification of Records of Administrative Proceedings. 1 CD on file in the clerk's office filed by Cleveland Heights University Heights Board of Education. (Attachments: #1 Praecipe for The Preparation and Transmission of The Administrative Record, #2 Cover Letter)Related document(s) #5 .(W,CM)
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Filing 8
Case Management Order: Case Management Conference was held on 4/4517. Case is assigned to the standard track. Case is not suitable for ADR at this time but may be after discovery. Non-expert discovery shall be completed on or before 8/1/17. Expert reports shall be exchanged on or before 8/1/17 for party with burden of proof & 9/1/17 for Rebuttal and Expert Discovery shall be completed on or before 10/1/17. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 6/1/17. Dispositive Motions shall be filed on or before 11/1/17. Telephonic Status Conference is set for 6/9/17 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact, if necessary Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within two business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov or fax to (216) 357-7215. Judge Patricia A. Gaughan on 4/5/17. (LC,S) Time: 30 mins.
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Filing 7
Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and Local Rule 16.3(b)(3), parties do not consent to this case being assigned to the magistrate judge, filed by Cleveland Heights University Heights Board of Education. Related document(s) #3 .(Cooper, Sara)
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Filing 6
Answer to #1 Complaint, filed by Cleveland Heights University Heights Board of Education. (Perrico, Kathryn)
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Service by Clerk. Summons and Complaint addressed to Cleveland Heights University Heights Board of Education placed in U.S. Mail. Type of service: certified mail. Receipt # 7015 3430 0000 8083 5232. (T,Je)
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Order [non-document]Plaintiff's motion to continue Case Management Conference scheduled for 3/09/17 is granted to 4/05/17 at 8:45 a.m. and will be held by telephone with the Court initiating the call.(Related Doc #4 ) Judge Patricia A. Gaughan on 2/23/17.(D,Ma)
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Filing 5
Praecipe to the Clerk, Officer, or agent of the Department of Education, for the Preparation and transmission of the Administrative record. filed by All Plaintiffs. (Wallace, Jason) Modified text 2/23/2017 (C,KA).
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Filing 4
Motion to continue Case Management Conference Scheduled for March 9, 2017 at 9:00 a.m., until 3/30/17 filed by Amiya Burton, LaRhonda Burton. Related document(s) #3 . (Wallace, Jason) Modified text 2/23/2017 (C,KA).
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Filing 3
Case Management Conference Scheduling Order with case management conference set on 3/9/2017 at 09:00 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 2/03/17. (D,Ma)
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Filing 2
Original Summons and Magistrate Consent Form issued to counsel for service upon Cleveland Heights University Heights Board of Education. (Attachments: #1 Magistrate Consent Form) (S,SR)
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Judge Patricia A. Gaughan assigned to case. (S,SR)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (S,SR)
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Filing 1
Complaint against Cleveland Heights University Heights Board of Education. Filing fee paid $ 400, Receipt number 0647-7986757. Filed by LaRhonda Burton, Amiya Burton. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Wallace, Jason) Modified text on 1/19/2017 (S,SR).
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