Case Details

CourtDistrict of Idaho
Docket number1:11-cv-00320
Date case filed2011-07-15
Date case closed
Date of latest filing
Assigned toJudge Candy W. Dale
Case cause20:1400 Civil Rights of Handicapped Child
Nature of suit890 Other Statutory Actions
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Meridian Joint School District No. 2
Party type: Plaintiff
Attorney name: Merritt Lynn Dublin
Attorney Contact:
Eberharter-Maki & Tappen
818 La Cassia
Boise, ID 83705
208-336-8588
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James B Lynch
Attorney Contact:
LYNCH & ASSOCIATES
PO Box 739
Boise, ID 83701
(208) 331-5088
Fax: (208) 331-0088
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Lyndon P. Nguyen
Attorney Contact:
Eberharter-Maki and Tappen, P.A.
818 La Cassia Drive
Boise, ID 83705
208-336-8858
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Elaine F Eberharter-Maki
Attorney Contact:
Eberharter-Maki & Tappen, PA
818 La Cassia Drive
Boise, ID 83705
(208) 336-8858
Fax: (208) 367-1560
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: D.A.
Party type: Defendant
Mother of minor, M.A.
Attorney name: Charlene K Quade
Attorney Contact:
C.K. Quade Law, PLLC
1501 Tyrell Lane
Boise, ID 83706
208-367-0724
Fax: 208-639-6400
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Scott R Learned
Attorney Contact:
Scott R. Learned, Attorney at Law
5355 Pegasus Way
Boise, ID 83716
208-615-5327
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: J.A.
Party type: Defendant
Father of minor, M.A.
Attorney name: Charlene K Quade
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Scott R Learned
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: J.A.
Party type: Counter Claimant
Father of minor, M.A.
Attorney name: Charlene K Quade
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Scott R Learned
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: D.A.
Party type: Counter Claimant
Mother of minor, M.A.
Attorney name: Charlene K Quade
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Scott R Learned
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Meridian Joint School District No. 2
Party type: Counter Defendant
Attorney name: James B Lynch
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Elaine F Eberharter-Maki
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-07-15 COMPLAINT 1:11-cv000320 against D.A. and J.A.( Filing fee $ 350 receipt number 0976-771502.), filed by Meridian Joint School District No. 2. (Attachments: # 1 Cover Sheet, # 2 Exhibit A-Memorandum Decision & Order, # 3 Exhibit B-Addendum and Errata To Memorandum Decision, # 4 Exhibit C-Order on Motion to Compel, # 5 Summons)(Eberharter-Maki, Elaine)
22011-07-15 Summons Issued as to D.A., J.A.. (Print attached Summons for service.) (dks)
32011-07-21 MOTION to Seal Case Charlene K Quade appearing for Defendants D.A., J.A.. Responses due by 8/15/2011 (Attachments: # 1 Memorandum in Support, # 2 Minute Entry & Order, # 3 Affidavit of Dr. Tyler Whitney, # 4 Affidavit of D.A.)(Quade, Charlene)
42011-07-21 First SEALED MOTION to Compel Compliance with the Hearing Officer's Order Charlene K Quade appearing for Defendants D.A., J.A.. Responses due by 8/15/2011 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A-1, Sealed, # 3 Exhibit A-2, Sealed, # 4 Exhibit A-3, Sealed, # 5 Exhibit A-4, Sealed, # 6 Exhibit A-5, Sealed)(Quade, Charlene)
52011-07-22 AMENDED DOCUMENT by D.A., J.A.. Amendment to 4 First SEALED MOTION to Compel Compliance with the Hearing Officer's Order Certificate of Service. (Attachments: # 1 Service Information Sheet)(Quade, Charlene)
62011-07-28 SEALED ANSWER to 1 Complaint, Complaint, COUNTERCLAIM against Meridian Joint School District No. 2 by J.A., D.A..(Quade, Charlene) Modified on 7/28/2011 to seal per attorney Quade request to due pending motion to seal case (cjm).
72011-08-02 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for D.A., J.A., Meridian Joint School District No. 2 re 1 Complaint, 6 Answer, Consent/Objection to Magistrate due by 10/6/2011. (jm)
82011-08-11 RESPONSE to Motion to Compel Compliance with the Hearing Officer's Order for and Independent Educational Evaluation at Public Expense Filed on July 21, 2011 re 4 First SEALED MOTION to Compel Compliance with the Hearing Officer's Order filed by Meridian Joint School District No. 2. Replies due by 8/29/2011.(krb) # 1 Exhibit (krb).
92011-08-11 RESPONSE to Motion to Seal the Case Filed on July 21, 2011 re 3 MOTION to Seal Case filed by Meridian Joint School District No. 2. Replies due by 8/29/2011.(krb)
102011-08-11 SUPPLEMENT by Plaintiff Meridian Joint School District No. 2 re 8 Response to Motion, (pg. 1373 was inadvertently left out of the Exhibit attached to docket entry 8 Response to Motion) (krb)
112011-08-17 ANSWER to 6 Counterclaim by Meridian Joint School District No. 2.(Eberharter-Maki, Elaine)
122011-08-29 SEALED REPLY to Response to Motion re 4 First SEALED MOTION to Compel Compliance with the Hearing Officer's Order filed by D.A., J.A..(Quade, Charlene)
132011-08-29 SEALED REPLY to Response to Motion re 3 MOTION to Seal Case filed by D.A., J.A..(Quade, Charlene)
142011-08-31 WITHDRAWAL OF DOCUMENT re: 9 Response to Motion filed by Meridian Joint School District No. 2. (dks) (Entered: 09/01/2011)
152011-09-21 Docket entry only - CONSENT to Magistrate Judge filed. (jm) (Entered: 09/22/2011)
162011-09-26 Docket entry only - CONSENT to Magistrate Judge filed. (dks)
172011-09-26 ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(dks)
182011-12-07 ORDER granting 3 Motion to Seal Case. Signed by Judge Candy W Dale. (Copies sent to parties by dks) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
192011-12-02 Letter from Emily MacMaster(jm) (Entered: 12/08/2011)
202011-12-08 ORDER Denying Defendants' 4 Motion to Compel and Procedural Order. The School District shall file the administrative record with the Court within 7 days of the issuance of this Order. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
212012-01-04 SEALED ORDER of Referral for a Judicially Supervised Settlement Conference. This matter is referred to The Honorable John Stegner, District Judge, Second Judicial District, State of Idaho, for the purpose of conducting a settlement conference which shall be held 2/8/12 at 9:00 AM in the James A. McClure Federal Building and U.S. Courthouse in Boise, Idaho. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
222012-01-06 MOTION and Request to Consider Additional Evidence Charlene K Quade appearing for Defendants D.A., J.A.. Responses due by 1/30/2012 (Attachments: # 1 Memorandum in Support, # 2 Attachment A, # 3 Attachment B, # 4 Attachment C, # 5 Attachment D, # 6 Attachment E, # 7 Chris Curry MS Transcript, # 8 Diana Abramowski Transcript 504 BSD, # 9 Diana Abramowski transcript 504 MSD, # 10 Dr. Arnold transcript 504 BSD, # 11 Dr. Trevor Hall transcript 504 MSD, # 12 Dr. Webb transcript 504 BSD, # 13 Dr. Webb transcript 504 MSD, # 14 Dr. Whitney transcript 504 BSD, # 15 Dr Whitney transcript 504 MSD, # 16 Exhibit 360 Dr. Webb's IEE, # 17 Exhibit 361 Rebecca Thompson's Eval, # 18 Exhibit 362 Michael Spero's Eval, # 19 Exhibit 367 Dr. Engle's Evaluation, # 20 Exhibit 368 Dr. Arnold's Examination, # 21 Exhibit 444 Dr. Webb's Amended IEE, # 22 Exhibit 660 Dr. Hall's Letter, # 23 Michael Spero OT transcript 504 BSD, # 24 Neil Jarski DT transcript 504 BSD, # 25 Neil Jarski DT transcript 504 MSD, # 26 Rebecca Thompson transcript 504 BSD)(jm)
232012-01-20 RESPONSE to Procedural Order of Chief United States Magistrate Judge Candy W. Dale filed on 12/8/11, re 20 Order, filed by Meridian Joint School District No. 2. (Attachments: # 1 Exhibit A pp 1-50, # 2 Exhibit A pp 51-113)(jm)
242012-02-10 MOTION to Augment the Record on AppealElaine F Eberharter-Maki appearing for Plaintiff Meridian Joint School District No. 2. Responses due by 3/5/2012 (Attachments: # 1 Exhibit A)(jm) (Entered: 02/13/2012)
252012-03-02 RESPONSE to Motion re 24 MOTION to Augment the Record on Appeal filed on 2/10/12 filed by D.A., J.A.. Replies due by 3/19/2012.(jm) (Entered: 03/05/2012)
262012-03-16 REPLY to Response to Motion re 24 MOTION to Augment the Record on Appeal filed on 2/10/12 filed by Meridian Joint School District No. 2.(jm)
272012-03-27 AMENDED Certificate of Service by D.A., J.A., Amendment to 25 Response to Motion to Augment the Record on Appeal. (jm)
282012-03-27 MOTION to Clarify Order Denying Defendant's Motion to Compel and Procedural Order filed on December 8, 2011.Charlene K Quade appearing for Defendants D.A., J.A. Responses due by 4/20/2012 (Attachments: # 1 Memorandum in Support)(jm)
292012-04-06 NOTICE of Hearing: Telephonic Status Conference set for 4/16/2012 10:00 AM Telephonic Hearing - Boise Courtroom 6 before Judge Candy W Dale. (ah)
302012-04-11 SECOND MOTION to Augment the Record on Appeal. Elaine F Eberharter-Maki, James B Lynch appearing for Plaintiff Meridian Joint School District No. 2. (Exhibits on disk located on shelf in Clerk's office.) Responses due by 5/7/2012 (jm) (Entered: 04/12/2012)
312012-04-12 RESPONSE to the Defendants' 28 MOTION to Clarify Order Denying Defendants' Motion to Compel and Procedural Order Filed on 3/27/12, filed by Meridian Joint School District No. 2. Replies due by 4/30/2012. (Attachments: # 1 Affidavit of Kathryn M. Gines in Support of Response to the Defendants' Motion to Clarify Order Denying Defendants' Motion to Compel Procedural Order filed on 3/27/12, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(jm)
322012-04-16 DOCKET ENTRY ORDER denying as moot 28 Motion to Clarify. Per the discussion between the Court and counsel for the parties during the telephonic status conference held on 4/16/2012, Defendants' Motion to Clarify (Dkt. 28 ) is HEREBY DENIED AS MOOT. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (sg)
332012-04-16 ORDER granting 22 Motion and Request to Consider Additional Evidence. Signed by Judge Candy W Dale. (jm)
342012-04-16 AMENDED BRIEFING AND SCHEDULING ORDER A hearing will be held on the parties' briefing on August 7, 2012, at 10:00 a.m. at the James A. McClure Federal Building and Courthouse in Boise, Idaho. Signed by Judge Candy W Dale. (jm)
352012-04-16 Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Appearance by James Lynch and Elaine Eberharter-Maki for the Plaintiff; Charlene Quade for the Defendant. Telephonic Scheduling Conference held on 4/16/2012. Defendants' Motion and Request to Consider Additional Evidence, Dkt. 22, is hereby GRANTED. The Court will adopt the same briefing schedule as set forth in related cases and a hearing will be set at a later date. Order forthcoming. (ESR K. Rabbie.) (ah) (Entered: 04/19/2012)
362012-04-27 Compact Disc (on shelf in Clerk's office) filed by Plaintiff Meridian Joint School District No. 2 re 30 MOTION to Supplement, replacing Exhibit A which was referenced in Plaintiff's Second Motion to Augment the Record on Appeal, filed on 4/11/12. (jm) (Entered: 05/01/2012)
372012-04-27 Compact Disc (on shelf in Clerk's Office) of Hearing Record & Letters by Plaintiff Meridian Joint School District No. 2. (jm) (Entered: 05/01/2012)
382012-05-09 Defendants' MEMORANDUM Regarding Plaintiff's Second Motion to Augment the Record on Appeal, re 30 MOTION filed by D.A., J.A.. Replies due by 5/29/2012.(jm) (Entered: 05/10/2012)
392012-05-09 AMENDED CERTIFICATE OF SERVICE by D.A., J.A. re 38 Response to Motion (jm) (Entered: 05/10/2012)
402012-05-09 MOTION to Enjoin Plaintiff from Commencing with Graduation of M.A. Charlene K Quade appearing for Defendants D.A., J.A.. Responses due by 6/4/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(jm) (Entered: 05/10/2012)
412012-05-09 MOTION to Shorten Time Charlene K Quade appearing for Defendants D.A., J.A.. Responses due by 6/4/2012 (jm) (Entered: 05/10/2012)
422012-05-09 NOTICE of Hearing on Motion 40 MOTION to Enjoin Plaintiff from Commencing with Graduation of M.A. : Motion Hearing set for 5/16/2012 09:30 AM in Boise - Courtroom 6 before Judge Candy W Dale. (jm) (Entered: 05/10/2012)
432012-05-10 AMENDED NOTICE of Hearing on Motion: 40 MOTION to Enjoin Plaintiff from Commencing with Graduation of M.A. - Per the request of counsel in this matter, the Motion Hearing currently set for set for 5/16/2012 09:30 AM is hereby VACATED and RE-SET for 5/23/2012 10:30 AM in Boise - Courtroom 6 before Judge Candy W Dale. (ah)
442012-05-11 ORDER granting 41 Motion to Shorten Time. Plaintiff's response to Defendants Motion to Enjoin Plaintiff from Commencing with Graduation ofM.A., (Dkt. 40 ), shall be filed on or before May 16, 2012. Defendants reply, if any, shall be filed on or before May 21, 2012.. Signed by Judge Candy W Dale.
452012-05-16 RESPONSE AND OBJECTION to Defendant's 40 MOTION to Enjoin Plaintiff from Commencing with Graduation of M.A. filed by Meridian Joint School District No. 2. Replies due by 6/4/2012. (Attachments: # 1 Affidavit of Lyndon Nguyen, # 2 Exhibit A to Affidavit of Lyndon P. Nguyen, # 3 Affidavit of Carol Joblin, # 4 Exhibit A to Affidavit of Carol Joblin, # 5 Exhibit B to Affidavt of Carol Joblin, # 6 Exhibit C to Affidavit of Carol Joblin, # 7 Exhibit D to Affidavit of Carol Joblin, # 8 Affidavit of Cindy Wilson, # 9 Exhibit A to Affidavit of Cindy Wilson, # 10 Exhibit B to Affidavit of Cindy Wilson, # 11 Affidavit of David Moser, # 12 Exhibit A to Affidavit of David Moser)(jm) (Entered: 05/17/2012)
462012-05-21 REPLY MEMORANDUM in Support of 40 MOTION to Enjoin Plaintiff from Commencing with Graduation of M.A., filed on May 16, 2012 filed by D.A., J.A..(jm) (Entered: 05/22/2012)
472012-05-22 NOTICE of Association as Counsel of Record for Defendants by Scott R Learned on behalf of D.A., J.A. (jm)
482012-05-23 ORDER that the above-captioned case shall be unsealed with all existing documents in the record remaining under seal and all future documents filed in this case- including orders issued by the Court- to be under seal unless and until the Court orders otherwise. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jm)
492012-05-23 ORDER granting in part and denying in part 40 Motion. Signed by Judge Candy W Dale.
502012-05-23 SEALED REPLY to Response to Motion re 30 MOTION to Supplement Record filed by Meridian Joint School District No. 2.(Eberharter-Maki, Elaine)
512012-05-24 CASE MANAGEMENT ORDER. Signed by Judge Candy W Dale. (jm)
522012-05-25 SEALED Transcript of Proceedings held on 5/23/12 (Motion Hrg) before Judge Candy W. Dale. Court Reporter/Transcriber Canyon Transcription, Telephone number 208-454-1010.
532012-06-15 ORDER The District's Motion to Augment the Record on Appeal (Dkt. 24 ) is DENIED; and The District's Second Motion to Augment the Record on Appeal (Dkt. 30 ) is GRANTED. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ja)
552012-07-23 DOCKET ENTRY NOTICE VACATING HEARING: In Court Hearing currently set for 8/7/2012 10:00 AM in Boise - Courtroom 6 before Judge Candy W Dale is hereby VACATED. A hearing on the parties' briefing will be set at a later date. (See Dkt. 51 Scheduling Order) (ah)
562012-08-08 Sealed Document Re: 54 Appellant's BRIEF by Meridian Joint School District No. 2. MEMORANDUM IN OPPOSITION TO PLAINTIFF'S COMPLAINT. (Quade, Charlene)
572012-09-07 PLAINTIFF'S REPLY BRIEF IN RESPONSE to Defendants' Memorandum in Opposition to Plaintiff's Complaint filed on 8/8/12, re 54 Appellant's BRIEF by Meridian Joint School District No. 2, 1 Complaint, 56 Sealed Document filed by Meridian Joint School District No. 2. (Attachments: # 1 Affidavit of Elaine Eberharter-Maki in support of Plaintiff's Reply Brief in Response to Defendants' Memorandum in Opposition to Plaintiff's Complaint, filed on 8/8/12, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(ja) (Entered: 09/10/2012)
582012-09-07 Attachments to dkt 57 by Plaintiff Meridian Joint School District No. 2 re 57 Reply. Amador, (Attachments: # 1 DeMerchant, # 2 Gwinnett, # 3 Zirkel)(ja) (Entered: 09/10/2012)
592012-09-21 DOCKET ENTRY NOTICE OF HEARING: In Court Hearing set for 10/3/2012 09:30 AM in Boise - Courtroom 6 before Judge Candy W Dale. (ah)
602012-09-28 THIRD MOTION to Augment the Record on Appeal. Elaine F Eberharter-Maki, James B Lynch appearing for Plaintiff Meridian Joint School District No. 2. Responses due by 10/22/2012 (ja)
612012-10-02 AFFIDAVIT in Support by Lyndon Nguyen re 60 MOTION to Augment the Record on Appeal filed by Meridian Joint School District No. 2. (Attachments: # 1 Ex. A, # 2 Ex C, # 3 Ex D, # 4 Ex G, # 5 Ex H)(ja)(Disc containing Ex. E & F on shelf in Clerk's Office (Entered: 10/04/2012)
622012-10-22 RESPONSE to Motion re 60 MOTION to Supplement filed by D.A., J.A.. Replies due by 11/8/2012.(Quade, Charlene)
632013-03-20 MEMORANDUM DECISION AND ORDER Special Education Hearing Officer Guy Price's decision is AFFIRMED and the School District's Complaint will be DISMISSED. Defendants shall file briefing on the appropriate relief in the case on or before 4/11/13. Plaintiff's Response to Defendants' briefing shall be filed on or before 4/25/13. Defendants shall not file a Reply unless specifically requested or otherwise allowed in advance by the Court. Plaintiff's Third Motion to Augment the Record on Appeal, (Dkt. 60 ), is GRANTED. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Entered: 03/21/2013)
642013-04-03 MOTION for Attorney Fees and Costs Charlene K Quade appearing for Defendants D.A., J.A.. Responses due by 4/29/2013 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Charlene K. Quade, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Affidavit of Rebecca L. Boughton, # 8 Exhibit A)(Quade, Charlene)
652013-04-11 MEMORANDUM/BRIEF filed by D.A., J.A. Memorandum Regarding Appropriate Relief. (Attachments: # 1 Affidavit of Charlene K. Quade, # 2 June 11, 2011 Letter, # 3 Dr. Webb Billing, # 4 Chris Curry Billing, # 5 Rebecca Thompson Billing, # 6 Michael Spero Billing, # 7 Dr. Beaver Billing)(Quade, Charlene)
662013-04-15 DECLARATION re 64 MOTION for Attorney Fees and Costs filed by D.A., J.A. Affidavit of Jeffrey Plesko. (Quade, Charlene) Modified on 4/17/2013 to edit text (jp).
672013-04-17 NOTICE OF APPEAL by Meridian Joint School District No. 2. Filing fee $ 455, receipt number 0976-1007318. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Supplement Representation Statement)(Nguyen, Lyndon) (13-35329)
682013-04-18 USCA Case Number 13-35329 for 67 Notice of Appeal filed by Meridian Joint School District No. 2. (jp) (Entered: 04/19/2013)
692013-04-18 USCA Time Schedule Order as to 67 Notice of Appeal filed by Meridian Joint School District No. 2. (Notice sent by e-mail to Court Reporter) (jp) (Entered: 04/19/2013)
702013-04-22 MOTION to Bifurcate Issues of Entitlement to and Reasonableness of Defendants' Attorneys' Fees Lyndon Phuoc Nguyen appearing for Plaintiff Meridian Joint School District No. 2. Responses due by 5/16/2013 (Attachments: # 1 Memorandum in Support Memo in support of Mot to Bifurcate Issues of Entitlement to and Reasonableness of Defendants' Attorneys' Fees)(Nguyen, Lyndon)
712013-04-23 DOCKET ENTRY ORDER. The Court has reviewed Plaintiff's motion to bifurcate and motion to expedite ruling on motion to bifurcate, (Dkt. 70 ), and finds that expedited briefing is appropriate on the motion. Defendants' Response to Plaintiff's motion to bifurcate shall be filed on or before April 29, 2013. Further, in the interests of expedient resolution and conserving judicial resources, IT IS HEREBY ORDERED that the deadline for Plaintiff's response to Defendants' briefing on the appropriate relief in this case, which is currently set for April 25, 2013, is vacated. Plaintiff shall file its response to Defendants' briefing on the appropriate relief in this case on or before May 6, 2013. Signed by Judge Candy W. Dale. ((sg)
722013-04-29 RESPONSE to Motion re 70 MOTION to Bifurcate Issues of Entitlement to and Reasonableness of Defendants' Attorneys' Fees filed by D.A., J.A.. Replies due by 5/16/2013.(Quade, Charlene)
732013-05-03 DOCKET ENTRY NOTICE of Hearing on Motion: 64 MOTION for Attorney Fees and Costs - Motion Hearing set for 6/13/2013 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. (ah)
742013-05-03 ORDER Plaintiff's motion to bifurcate, (Dkt. 70 ), is GRANTED and the issues of Defendants' entitlement to attorneys fees and the reasonableness of the requested fees will be dealt with separately by the Court. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
752013-05-03 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion: 64 MOTION for Attorney Fees and Costs - Motion Hearing currently set for 6/13/2013 09:30 AM is hereby RESCHEDULED to begin at 10:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. (same date as previously scheduled, new time) (ah)
762013-05-03 NOTICE of Appearance by Merritt Dublin on behalf of Meridian Joint School District No. 2 (Nguyen, Lyndon) Modified on 7/11/2013 to indicate that Notice of Appearance is for Merritt Dublin (st).
772013-05-06 MEMORANDUM in Opposition re 64 MOTION for Attorney Fees and Costs filed by Meridian Joint School District No. 2. Replies due by 5/23/2013. (Attachments: # 1 Affidavit Aff. EEM in Supp of RespObj to Atty Fees, # 2 Appendix App. A - Timeline, # 3 Appendix App. C - Expenses, # 4 Appendix App. D - MA Test., # 5 Appendix App. E - Thompson Op. Ltr.)(Nguyen, Lyndon) (Entered: 05/07/2013)
782013-05-07 SUPPLEMENT by Plaintiff Meridian Joint School District No. 2 re 77 Memorandum in Opposition to Motion, IDELR cases supplement. (Nguyen, Lyndon)
792013-05-07 Appendix filed byLyndon P. Nguyen on behalf of Meridian Joint School District No. 2 Related document: 77 Memorandum in Opposition to Motion, filed by Meridian Joint School District No. 2. (Nguyen, Lyndon)
802013-05-16 TRANSCRIPT REQUEST by Meridian Joint School District No. 2 for proceedings held on 4/16/12, 5/23/12, 10/3/12 before Judge Candy W. Dale.. (Nguyen, Lyndon)
812013-05-16 MOTION to Unseal Case & MOTION to Expedite Ruling on Motion to Unseal Case Lyndon P. Nguyen appearing for Plaintiff Meridian Joint School District No. 2. Responses due by 6/10/2013 (Attachments: # 1 Proposed Order on Motion to Unseal)(Nguyen, Lyndon)
822013-05-17 ORDER on Motion to Unseal the Case, re 81 Motion to Unseal Case. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
832013-05-23 MOTION for Leave to File Excess Pages Reply Memo in Support of Motion for Attorney Fees and Costs and Memorandum Regarding Appropriate Relief Charlene K Quade appearing for Defendants D.A., J.A.. Responses due by 6/17/2013 (Quade, Charlene)
842013-05-23 REPLY to Response to Motion re 64 MOTION for Attorney Fees and Costs filed by D.A., J.A..(Quade, Charlene)
852013-05-31 MOTION to Strike 84 Reply to Response to Motion or, Alternatively, File Sur-reply Lyndon P. Nguyen appearing for Plaintiff Meridian Joint School District No. 2. Responses due by 6/24/2013 (Nguyen, Lyndon)
862013-05-31 DOCKET ENTRY ORDER. Having considered Plaintiff's motion to strike or, in the alternative, to file a sur-reply, (Dkt. 85 ), the Court finds that the alternative relief sought is appropriate in this case. Therefore, IT IS HEREBY ORDERED that Plaintiff's motion, (Dkt. 85 ), is GRANTED IN PART AND DENIED IN PART. Plaintiff shall file a sur-reply brief on or before June 7, 2013. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (sg)
872013-06-04 ORDER granting 83 Motion for Leave to File Excess Pages. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
882013-06-07 REPLY to Response to Motion re 64 MOTION for Attorney Fees and Costs, 85 MOTION to Strike 84 Reply to Response to Motion or, Alternatively, File Sur-reply , Sur-Reply Memorandum in Opposition to Defendants' Motion to Award Attorney Fees and Costs 64 and Memorandum Regarding Appropriate Relief 65 filed by Meridian Joint School District No. 2.(Nguyen, Lyndon)
892013-06-09 Transcript of Proceedings held on April 16, 2012 before Judge Candy W. Dale. Court Reporter/Transcriber Tamara Weber, Telephone number 208-454-1010. This transcript is not available to the general public and as such is sealed.(st) (Entered: 06/10/2013)
902013-06-09 Transcript of Proceedings held on August 13, 2012 before Judge Candy W. Dale. Court Reporter/Transcriber Tamara Weber, Telephone number 208-454-1010. This transcript is not available to the general public and as such is sealed.(st) (Entered: 06/10/2013)
912013-06-13 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Merritt Dublin and Elaine Eberharter-Maki for the Plaintiff; Scott Learned and Charlene Quade for the Defendant. Motion Hearing held on 6/13/2013 re 64 MOTION for Attorney Fees and Costs filed by J.A., D.A.. Oral argument heard. Motion taken UNDER ADVISEMENT. Order forthcoming. Time in Court 1 hour 10 mins. (ESR T. Diaz.) (ah) (Entered: 06/14/2013)
922013-06-25 MEMORANDUM DECISION AND ORDER granting in part 64 Motion for Attorney Fees. In accordance with the above memorandum, the Court hasdetermined that Defendants are entitled to attorneys fees as prevailing parties under 20 U.S.C. ยง 1415(i)(3)(B)(i)(I). The Court has not determined, however, the amount of fees to be awarded. Plaintiff shall file its response brief on the reasonableness of Defendants' requested fees on or before 7/12/13. Defendants' reply shall be filed on or before 7/26/13. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 06/26/2013)
932013-07-08 MOTION for Extension of Time to File Response/Reply to Defendants' Request for Interim Attorneys' Fees (Dkt. 64) ( Responses due by 8/1/2013), MOTION to Expedite Ruling on Motion for Extension of Time Lyndon P. Nguyen appearing for Plaintiff Meridian Joint School District No. 2. (Attachments: # 1 Affidavit of Elaine Eberharter-Maki in Support of Motion for Extension of Time)(Nguyen, Lyndon)
942013-07-10 NOTICE by Meridian Joint School District No. 2 re 93 MOTION for Extension of Time to File Response/Reply to Defendants' Request for Interim Attorneys' Fees (Dkt. 64) MOTION to Expedite Ruling on Motion for Extension of Time (Attachments: # 1 Affidavit Affidavit of M. Clark in Support of Motion for Extension of Time)(Nguyen, Lyndon)
952013-07-09 ORDER granting 93 Motion for Extension of Time to File Response/Reply and Motion to Expedite (Plaintiff-Petitioner's Response to 64 Motion for Attorney Fees due by 8/2/2013, Defendant's Reply brief due by 8/16/2013). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) (Entered: 07/10/2013)
962013-08-02 RESPONSE to Motion re 64 MOTION for Attorney Fees and Costs filed by Meridian Joint School District No. 2. Replies due by 8/19/2013. (Attachments: # 1 Affidavit of EMM in Support of Supplemental Response to Request for Fees, # 2 Affidavit Declaration of MC in Support of Supplemental Response to Request for Fee)(Nguyen, Lyndon)
972013-08-05 NOTICE by Meridian Joint School District No. 2 of Refiling of Affidavit of EEM in Support of Supplemental Response to Motion for Attorneys' Fees (Dkt. 64) (Attachments: # 1 Affidavit of EEM in Support of Supplemental Response to Motion for Attorneys' Fees)(Nguyen, Lyndon)
1112013-11-25 MEMORANDUM DECISION AND ORDER. NOW THEREFORE IT IS HEREBY ORDERED that judgment in the amount of $6,854.00 shall be entered in this matter, that Plaintiff reimburse Defendants the amount of $6,854.00 for the reasonable expenses of the IEE, and that final judgment be entered in this case accordingly. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)