1
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IDEA Complaint; FILING FEE $ 150.00 RECEIPT # 17813 Administrative Record Due 2/18/00 (jeb) Modified on 01/19/2000 (Entered: 01/19/2000)
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Jan. 14, 2000
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Jan. 14, 2000
PACER
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SUMMONS(ES) issued for Education Dept NH, Epsom SD (jeb)
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Jan. 19, 2000
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Jan. 19, 2000
PACER
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2
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IDEA Administrative Record (SEALED) filed; Certificate of Completion due 3/15/00 (mm) (Entered: 02/14/2000)
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Feb. 14, 2000
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Feb. 14, 2000
PACER
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3
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NOTICE of withdrawal by Attorney Jennifer Johnson for Brandon A. (mm) (Entered: 02/14/2000)
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Feb. 14, 2000
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Feb. 14, 2000
PACER
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4
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NOTICE of substitute attorney for Brandon A. . Terminated attorney Jennifer A. Johnson for Brandon A. **Substituted attorney Ronald K. Lospennato. (mm) (Entered: 02/16/2000)
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Feb. 16, 2000
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Feb. 16, 2000
PACER
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5
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MOTION by Education Dept NH to Extend Time until 3/24/00 to file responsive pleading with assent. (mm) (Entered: 03/16/2000)
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March 15, 2000
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March 15, 2000
PACER
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6
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RETURN OF SERVICE executed as to Education Dept NH 2/25/00 . Answer due on 3/16/00 for Education Dept NH (mm) (Entered: 03/16/2000)
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March 16, 2000
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March 16, 2000
PACER
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7
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WAIVER OF SERVICE Executed as to Epsom SD ; waiver mailed 2/23/00 ; Answer due on 4/26/00 for Epsom SD (mm) (Entered: 03/16/2000)
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March 16, 2000
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March 16, 2000
PACER
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ENDORSED ORDER granting [5-1] motion to Extend Time until 3/24/00 to file responsive pleading, reset Answer deadline to 3/24/00 for Education Dept NH ( signed by Magistrate Judge James R. Muirhead ) (mm)
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March 16, 2000
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March 16, 2000
PACER
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8
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MOTION by Brandon A. to Extend Time to file certificate of completion with assent. (mm) (Entered: 03/21/2000)
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March 21, 2000
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March 21, 2000
PACER
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ENDORSED ORDER granting [8-1] motion to Extend Time to file certificate of completion, reset Miscellaneous deadline for 4/24/00 re: certificate of completion ( signed by Chief Judge Paul J. Barbadoro ) (mm)
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March 21, 2000
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March 21, 2000
PACER
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9
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AMENDED COMPLAINT by Brandon A. amending [1-1] disabilities complaint claims and class action (mm) (Entered: 03/22/2000)
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March 21, 2000
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March 21, 2000
PACER
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10
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MOTION by Education Dept NH to Dismiss the 1st amended complaint with memorandum and attachments. Objection to Motion Deadline 4/18/00 (mm) (Entered: 03/29/2000)
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March 29, 2000
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March 29, 2000
PACER
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11
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OBJECTION with memorandum & attachments by Brandon A. to [10-1] motion to Dismiss the 1st amended complaint (mm) (Entered: 04/18/2000)
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April 17, 2000
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April 17, 2000
PACER
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12
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ANSWER to Complaint [9-1], [1-1] by Epsom SD (Attorney Diane M. McCormack) (mm) (Entered: 04/26/2000)
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April 26, 2000
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April 26, 2000
PACER
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13
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IDEA Certificate of Completion by Education Dept NH, Epsom SD ; Deadline set for 7/10/00 for parties to file motion for evidentiary hearing or joint statement (mm) (Entered: 05/10/2000)
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May 9, 2000
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May 9, 2000
PACER
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14
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MOTION by Brandon A. to schedule a trial on the merits or evidentiary hearing with assignment to expeditied trial track and pretrial discovery with memorandum. Objection to Motion Deadline 6/6/00 (mm) (Entered: 05/18/2000)
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May 17, 2000
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May 17, 2000
PACER
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15
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MOTION by Brandon A. to correct the motion to schedule a trial on the merits with assent. (mm) (Entered: 05/22/2000)
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May 19, 2000
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May 19, 2000
PACER
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16
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OBJECTION with memorandum by Education Dept NH to [14-1] motion to schedule a trial on the merits or evidentiary hearing with assignment to expeditied trial track and pretrial discovery (mm) (Entered: 05/23/2000)
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May 23, 2000
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May 23, 2000
PACER
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ENDORSED ORDER granting [15-1] motion to correct the motion to schedule a trial on the merits ( signed by Chief Judge Paul J. Barbadoro ) (mm)
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May 26, 2000
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May 26, 2000
PACER
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ENDORSED ORDER denying [14-1] motion to schedule a trial on the merits or evidentiary hearing with assignment to expeditied trial track and pretrial discovery ( signed by Chief Judge Paul J. Barbadoro ) (mm)
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May 26, 2000
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May 26, 2000
PACER
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17
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NOTICE of appearance by Pamela Jermyn as co-counsel for Brandon A. (mm) (Entered: 06/19/2000)
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June 16, 2000
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June 16, 2000
PACER
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18
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JOINT STATEMENT of Material Facts filed along with disputed and additional facts; Decision Memoranda due 8/9/00 for Epsom SD, for Brandon A. (mm) (Entered: 07/11/2000)
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July 10, 2000
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July 10, 2000
PACER
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19
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JOINT STATEMENT of Material Facts filed along with disputed and additional facts; Decision Memoranda due 8/9/00 for Education Dept NH, for Brandon A. (mm) (Entered: 07/11/2000)
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July 10, 2000
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July 10, 2000
PACER
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ADDED PARTY Concord SD, Exeter School Dist, Hudson School Dist, Litchfield SD, Timberlane Reg Sch, Winnisquam Reg SD, Amherst SD, Mont Vernon School, Souhegan SD (jar)
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Aug. 9, 2000
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Aug. 9, 2000
PACER
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20
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MOTION by Concord SD, Exeter School Dist, Hudson School Dist, Litchfield SD, Timberlane Reg Sch, Winnisquam Reg SD, Amherst SD, Mont Vernon School, Souhegan SD for Leave to File amicus curiae brief with assent, no memorandum. (jar) (Entered: 08/10/2000)
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Aug. 9, 2000
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Aug. 9, 2000
PACER
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21
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DECISION MEMORANDUM filed by Epsom SD ; Objection to Decision Memorandum due 8/29/00 for Brandon A. (jar) (Entered: 08/10/2000)
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Aug. 9, 2000
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Aug. 9, 2000
PACER
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22
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DECISION MEMORANDUM filed by Education Dept NH ; Objection to Decision Memorandum due 8/29/00 for Brandon A. (jar) (Entered: 08/10/2000)
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Aug. 9, 2000
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Aug. 9, 2000
PACER
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23
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MOTION by Brandon A. for Oral Argument no memorandum. Objection to Motion Deadline 8/29/00 (jar) (Entered: 08/10/2000)
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Aug. 9, 2000
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Aug. 9, 2000
PACER
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24
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DECISION MEMORANDUM filed by Brandon A. ; Objection to Decision Memorandum due 8/29/00 for Epsom SD, for Education Dept NH (jar) (Entered: 08/10/2000)
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Aug. 9, 2000
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Aug. 9, 2000
PACER
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ENDORSED ORDER granting [20-1] motion for Leave to File amicus curiae brief ( signed by Chief Judge Paul J. Barbadoro ) (mm)
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Aug. 15, 2000
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Aug. 15, 2000
PACER
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25
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AMICUS CURIAE BRIEF filed by Concord SD, Exeter School Dist et al. (mm) (Entered: 08/16/2000)
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Aug. 15, 2000
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Aug. 15, 2000
PACER
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26
|
MOTION by Brandon A. to Strike [25-1] amicus curiae brief Objection to Motion Deadline 9/11/00 (mm) (Entered: 08/22/2000)
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Aug. 22, 2000
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Aug. 22, 2000
PACER
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27
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MOTION by Epsom SD to Extend Time until 9/29/00 to file objection to decision memo with partial assent (mm) (Entered: 08/28/2000)
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Aug. 28, 2000
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Aug. 28, 2000
PACER
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28
|
Addendum (Notice of late authority) by defendant Epsom SD to [21-1] disabilities memorandum (mm) (Entered: 08/29/2000)
|
Aug. 29, 2000
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Aug. 29, 2000
PACER
|
29
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Addendum/Correction by defendant Epsom SD to [21-1] disabilities memorandum (mm) (Entered: 08/29/2000)
|
Aug. 29, 2000
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Aug. 29, 2000
PACER
|
30
|
Partial OBJECTION by Epsom SD to [23-1] motion for Oral Argument (mm) (Entered: 08/29/2000)
|
Aug. 29, 2000
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Aug. 29, 2000
PACER
|
31
|
OBJECTION by Brandon A. to [21-1] disabilities memorandum . (mm) (Entered: 08/29/2000)
|
Aug. 29, 2000
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Aug. 29, 2000
PACER
|
|
ENDORSED ORDER granting [27-1] motion to Extend Time until 9/29/00 to file objection to decision memo, Objection to IDEA Memo ddl reset to 9/1/00 for [24-1] disabilities memorandum ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Aug. 30, 2000
|
Aug. 30, 2000
PACER
|
32
|
OBJECTION by Epsom SD to [24-1] disabilities memorandum with attachments. (mm) Modified on 09/05/2000 (Entered: 09/05/2000)
|
Sept. 1, 2000
|
Sept. 1, 2000
PACER
|
33
|
OBJECTION by Education Dept NH to [24-1] disabilities memorandum . (mm) (Entered: 09/05/2000)
|
Sept. 1, 2000
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Sept. 1, 2000
PACER
|
|
ENDORSED ORDER granting [23-1] motion for Oral Argument ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Sept. 8, 2000
|
Sept. 8, 2000
PACER
|
34
|
MOTION by Brandon A. to Strike Appendix A and B from Epsom's objection to plaintiff's decision memo [32-1] Objection to Motion Deadline 10/2/00 (mm) (Entered: 09/11/2000)
|
Sept. 11, 2000
|
Sept. 11, 2000
PACER
|
35
|
OBJECTION with memorandum by Epsom SD to [34-1] motion to Strike Appendix A and B from Epsom's objection to plaintiff's decision memo [32-1] (mm) (Entered: 09/11/2000)
|
Sept. 11, 2000
|
Sept. 11, 2000
PACER
|
36
|
OBJECTION by Timberlane Reg Sch, Winnisquam Reg SD to [26-1] motion to Strike [25-1] amicus curiae brief (mm) (Entered: 09/11/2000)
|
Sept. 11, 2000
|
Sept. 11, 2000
PACER
|
|
Oral Argument set at 10:30 10/26/00 before Chief Judge Paul Barbadoro. (mm)
|
Sept. 13, 2000
|
Sept. 13, 2000
PACER
|
37
|
OBJECTION with memorandum by Epsom SD to [34-1] motion to Strike Appendix A and B from Epsom's objection to plaintiff's decision memo [32-1] (mm) (Entered: 10/02/2000)
|
Oct. 2, 2000
|
Oct. 2, 2000
PACER
|
38
|
MOTION by Epsom SD to reopen joint statement of material facts if the court does not have enough information to affirm the hearing officer's order Objection to Motion Deadline 11/8/00 (mm) (Entered: 10/19/2000)
|
Oct. 19, 2000
|
Oct. 19, 2000
PACER
|
39
|
OBJECTION by Epsom SD to [38-1] motion to reopen joint statement of material facts if the court does not have enough information to affirm the hearing officer's order (mm) (Entered: 10/25/2000)
|
Oct. 24, 2000
|
Oct. 24, 2000
PACER
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|
Oral Argument held in courtroom 4 ebfore Judge Barbadoro. Discussion of case. Plaintiff to file stipulation in 14 days, amended complaint to be filed 28 days. Status conference to be held after that. Answer to complaint not due until after status conference (mm)
|
Oct. 26, 2000
|
Oct. 26, 2000
PACER
|
40
|
Exhibit list by Brandon A., Epsom SD for the oral arguments (mm) (Entered: 10/27/2000)
|
Oct. 26, 2000
|
Oct. 26, 2000
PACER
|
41
|
TRANSCRIPT for Oral Argument held on 10/26/00; Court Reporter: Sandy K. (mm) (Entered: 10/31/2000)
|
Oct. 31, 2000
|
Oct. 31, 2000
PACER
|
42
|
ORDER parties have agreed to settle Brandon A.'s individual claims. Stipulation to be filed. The time to answer the amended complaint shall be stayed until further order of the court. The clerk shall schedule a status conference after the amended complaint is filed. All pending motions are dismissed without prejudice [38-1] [34-1] [32-1], [26-1] [25-1] [10-1] set Miscellaneous deadline for 11/9/00 re: settlement stipulation, set Amended complaint deadline to 11/24/00 ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 11/03/2000)
|
Nov. 1, 2000
|
Nov. 1, 2000
PACER
|
43
|
Stipulation by Brandon A., Education Dept NH, Epsom SD re: remanding matter to a hearing officer of NH dept. of Education (mm) (Entered: 11/13/2000)
|
Nov. 13, 2000
|
Nov. 13, 2000
PACER
|
|
ENDORSED ORDER granting [43-1] stipulation ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Nov. 14, 2000
|
Nov. 14, 2000
PACER
|
44
|
SECOND AMENDED COMPLAINT by Brandon A. amending [9-1] amended complaint, [1-1] disabilities complaint parties, allegations (mm) (Entered: 11/24/2000)
|
Nov. 22, 2000
|
Nov. 22, 2000
PACER
|
|
Terminated party Epsom SD not listed as a party in the second amended complaint (#44) (mm)
|
Nov. 22, 2000
|
Nov. 22, 2000
PACER
|
|
Status conference set at 3:30 12/21/00 before: Chief Judge Barbadoro (mm)
|
Dec. 6, 2000
|
Dec. 6, 2000
PACER
|
|
Original Administrative transcript [2-1] returned to NH Dept. of Education per request of Stephen Berwick. Copy kept for file. (mm)
|
Dec. 8, 2000
|
Dec. 8, 2000
PACER
|
|
Status conference held before: Chief Judge Barbadoro Defendant to respond to Amended complaint on or before 1/21/01. (mm)
|
Dec. 21, 2000
|
Dec. 21, 2000
PACER
|
|
ENDORSED ORDER, set Answer deadline to 1/22/01 for Education Dept NH, Response deadline set for 2/21/01 to Motion to Dismiss, if filed ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Dec. 21, 2000
|
Dec. 21, 2000
PACER
|
45
|
MOTION by Education Dept NH to Dismiss with memorandum. Objection to Motion Deadline 2/21/01 (mm) (Entered: 01/23/2001)
|
Jan. 22, 2001
|
Jan. 22, 2001
PACER
|
46
|
MOTION by Epsom SD to appear as amicus curiae with assent. (mm) (Entered: 01/26/2001)
|
Jan. 26, 2001
|
Jan. 26, 2001
PACER
|
|
ENDORSED ORDER granting [46-1] motion for Epsom School District to appear as amicus curiae ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Jan. 29, 2001
|
Jan. 29, 2001
PACER
|
48
|
MOTION by Brandon A. for Leave to File third amended complaint with cites. Objection to Motion Deadline 3/13/01 (mm) (Entered: 02/22/2001)
|
Feb. 21, 2001
|
Feb. 21, 2001
PACER
|
49
|
MOTION by Brandon A. to Intervene by Justin C. with memorandum attached to document #48.. Objection to Motion Deadline 3/13/01 (mm) (Entered: 02/22/2001)
|
Feb. 21, 2001
|
Feb. 21, 2001
PACER
|
50
|
OBJECTION with memorandum by Brandon A. to [45-1] motion to Dismiss (mm) (Entered: 02/22/2001)
|
Feb. 21, 2001
|
Feb. 21, 2001
PACER
|
51
|
OBJECTION by Education Dept NH to [48-1] motion for Leave to File third amended complaint. Memo is support is document #53. (mm) (Entered: 03/13/2001)
|
March 12, 2001
|
March 12, 2001
PACER
|
52
|
OBJECTION by Education Dept NH to [49-1] motion to Intervene by Justin C. Memo in support is document #53 (mm) (Entered: 03/13/2001)
|
March 12, 2001
|
March 12, 2001
PACER
|
53
|
MEMORANDUM by Education Dept NH in Support of/to [52-1] & [51-1] bjections to motions to amend and intervene (mm) (Entered: 03/13/2001)
|
March 13, 2001
|
March 13, 2001
PACER
|
54
|
MOTION by Brandon A. for Leave to File reply to objection to motion to intervene Junstin C Objection to Motion Deadline 4/4/01 (mm) (Entered: 03/16/2001)
|
March 15, 2001
|
March 15, 2001
PACER
|
55
|
OBJECTION by Education Dept NH to [54-1] motion for Leave to File reply to objection to motion to intervene Junstin C (mm) (Entered: 03/27/2001)
|
March 27, 2001
|
March 27, 2001
PACER
|
|
ENDORSED ORDER granting [54-1] motion for Leave to File reply to objection to motion to intervene Junstin C ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
March 27, 2001
|
March 27, 2001
PACER
|
56
|
REPLY by Brandon A. to objection to [49-1] motion to Intervene by Justin C. (mm) (Entered: 03/28/2001)
|
March 27, 2001
|
March 27, 2001
PACER
|
57
|
MEMORANDUM AND ORDER denying [45-1] motion to Dismiss ( signed by Chief Judge Paul J. Barbadoro ) (jar) (Entered: 08/09/2001)
|
Aug. 8, 2001
|
Aug. 8, 2001
PACER
|
58
|
ORDER denying [49-1] motion to Intervene by Justin C., denying [48-1] motion for Leave to File third amended complaint ( signed by Chief Judge Paul J. Barbadoro ) (jar) (Entered: 08/09/2001)
|
Aug. 8, 2001
|
Aug. 8, 2001
PACER
|
|
Terminated party Justin C. (jar)
|
Aug. 9, 2001
|
Aug. 9, 2001
PACER
|
59
|
MOTION by Education Dept NH to Extend Time until 9/6/01 to answer with assent. (mm) (Entered: 09/05/2001)
|
Sept. 4, 2001
|
Sept. 4, 2001
PACER
|
|
ENDORSED ORDER granting [59-1] motion to Extend Time until 9/6/01 to answer, reset Answer deadline to 9/6/01 for Education Dept NH ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Sept. 6, 2001
|
Sept. 6, 2001
PACER
|
61
|
ANSWER to Complaint [44-1] by Education Dept NH (mm) (Entered: 10/10/2001)
|
Sept. 6, 2001
|
Sept. 6, 2001
PACER
|
60
|
NOTICE of substitute attorney for Epsom SD . Terminated attorney Diane M. McCormack for Epsom SD **Substituted attorney Gerald M. Zelin. (mm) (Entered: 09/18/2001)
|
Sept. 18, 2001
|
Sept. 18, 2001
PACER
|
62
|
Proposed Discovery Plan (mm) (Entered: 12/21/2001)
|
Dec. 21, 2001
|
Dec. 21, 2001
PACER
|
|
ENDORSED ORDER DISCOVERY PLAN ***Case track set--STNDRD granting [62-1] discovery plan . Length of Trial: 2 days ( signed by Chief Judge Paul J. Barbadoro ). (mm)
|
Dec. 21, 2001
|
Dec. 21, 2001
PACER
|
|
TRIAL NOTICE: Final Pretrial Statements Due 12/6/02 ; Final Pretrial Conference set for 2:00 12/23/02 ; Bench Trial set for 2-week period beginning 9:30 1/7/03 before Chief Judge Paul J. Barbadoro . LR 16.2(d) Objections Due 12/20/02. (mm)
|
Jan. 3, 2002
|
Jan. 3, 2002
PACER
|
63
|
MOTION by Brandon A. for Leave to File Motion for Class Certification late with assent. (mm) (Entered: 02/08/2002)
|
Feb. 8, 2002
|
Feb. 8, 2002
PACER
|
|
ENDORSED ORDER granting [63-1] motion for Leave to File Motion for Class Certification late ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Feb. 15, 2002
|
Feb. 15, 2002
PACER
|
64
|
MOTION by Brandon A. to Certify class with memorandum and attachments. Objection to Motion Deadline 3/7/02 (mm) (Entered: 02/15/2002)
|
Feb. 15, 2002
|
Feb. 15, 2002
PACER
|
65
|
MOTION by Education Dept NH to Extend Time until 3/7/02 to file objection to motion for class certification with assent. (mm) (Entered: 02/22/2002)
|
Feb. 22, 2002
|
Feb. 22, 2002
PACER
|
|
ENDORSED ORDER granting [65-1] motion to Extend Time until 3/7/02 to file objection to motion for class certification, Objection to Motion reset to 3/7/02 for [64-1] motion to Certify class ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
Feb. 28, 2002
|
Feb. 28, 2002
PACER
|
66
|
OBJECTION with memorandum and attachments by Education Dept NH to [64-1] motion to Certify class (mm) (Entered: 03/08/2002)
|
March 7, 2002
|
March 7, 2002
PACER
|
67
|
ORDER denying [64-1] motion to Certify class, set Motion To Dismiss Filing deadline to 4/19/02 for Education Dept NH or a statement re: subject metter jurisdiction, ( signed by Chief Judge Paul J. Barbadoro ) (mm) (Entered: 04/08/2002)
|
April 5, 2002
|
April 5, 2002
PACER
|
68
|
MOTION by Education Dept NH to Dismiss second amended complaint with memorandum and attachments. Objection to Motion Deadline 5/8/02 (mm) (Entered: 04/19/2002)
|
April 18, 2002
|
April 18, 2002
PACER
|
69
|
MOTION by Brandon A. to Extend Time until 5/10/02 to file objection to Motion to Dismiss with assent (mm) (Entered: 05/09/2002)
|
May 8, 2002
|
May 8, 2002
PACER
|
|
ENDORSED ORDER granting [69-1] motion to Extend Time until 5/10/02 to file objection to Motion to Dismiss, Objection to Motion reset to 5/10/02 for [68-1] motion to Dismiss second amended complaint ( signed by Chief Judge Paul J. Barbadoro ) (mm)
|
May 10, 2002
|
May 10, 2002
PACER
|
70
|
OBJECTION with separate memorandum and attachments by Brandon A. to [68-1] motion to Dismiss second amended complaint (mm) (Entered: 05/13/2002)
|
May 10, 2002
|
May 10, 2002
PACER
|
71
|
MOTION by Brandon A. for Summary Judgment with separate memorandum and attachments. Objection to summary judgment deadline 6/12/02 (mm) (Entered: 05/13/2002)
|
May 10, 2002
|
May 10, 2002
PACER
|
72
|
MEMORANDUM by Brandon A. in Support of/to [71-1] motion for Summary Judgment, [70-1] objection to motion to dismiss (mm) (Entered: 05/13/2002)
|
May 10, 2002
|
May 10, 2002
PACER
|
73
|
OBJECTION with memorandum by Education Dept NH to [71-1] motion for Summary Judgment (mm) (Entered: 05/20/2002)
|
May 20, 2002
|
May 20, 2002
PACER
|
74
|
REPLY by Education Dept NH to objection to [68-1] motion to Dismiss second amended complaint (mm) (Entered: 05/20/2002)
|
May 20, 2002
|
May 20, 2002
PACER
|
75
|
REPLY by Brandon A. to objection to [71-1] motion for Summary Judgment (mm) (Entered: 05/30/2002)
|
May 29, 2002
|
May 29, 2002
PACER
|