Case: Jim C. v. Arkansas Department of Education

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

Jim C. v. Arkansas Department of Education

MEMO to file regarding service of complaint (bfw) (Entered: 09/26/1996)

MOTION by plaintiffs for attorney Mary Jane White to appear pro hac vice (bfw) (Entered: 09/26/1996)

ORDER (DOC) granting motion for attorney Mary Jane White to appear pro hac vice [3−1] (cc: all counsel) 10/7/96 (former empl) (Entered: 10/07/1996)

UTILITY EVENT: Add attorney Mary Jane White for pltfs (former empl) (Entered: 10/21/1996)

AMENDED complaint [1−1] by plaintiffs; adding Arch Ford Education and Arkansas Department of Education (bmt) (Entered: 01/10/1997)

MOTION by plaintiffs for attorney Scott H. Peters to appear pro hac vice (bmt) (Entered: 01/13/1997)

ORDER (DOC) granting motion for attorney Scott H. Peters to appear pro hac vice as co−counsel with Thomas H McGowan as attorneys for the pltf [6−1] (cc: all counsel) (former empl) (Entered: 01/30/1997)

ANSWER by defendant Arch Ford Education to amended complaint (former empl) (Entered: 01/31/1997)

ANSWER by separate defendant Arkansas Department of Education (former empl) (Entered: 02/03/1997)

RETURN OF SERVICE executed upon defendant Arch Ford Education on 1/16/97 (former empl) Modified on 02/06/1997 (Entered: 02/03/1997)

RETURN OF SERVICE executed upon separate defendant Arkansas Education on 1/17/97 (former empl) (Entered: 02/03/1997)

UTILITY EVENT: Add attorney Scott H Peters for pltfs (former empl) (Entered: 02/03/1997)

ANSWER by defendant Atkins Sch District (kjp) (Entered: 02/06/1997)

MOTION by pltfs to enlarge the record (administrative record &exhibits in separate binders (2)) (former empl) Modified on 03/19/1997 (Entered: 03/19/1997)

BRIEF by pltfs in support of motion to enlarge the record [12−1] (in separate folder) (former empl) (Entered: 03/19/1997)

ORDER by Judge G. T. Eisele granting motion to enlarge the record to include certain records filed with their motion as Supplemental Exhibit X [12−1] (cc: all counsel) (former empl) (Entered: 04/25/1997)

MOTION by plaintiff for partial summary judgment by appellate ruling (former empl) Modified on 11/18/1997 (Entered: 05/30/1997)

RESPONSE by deft Arkansas Education to motion for partial summary judgment [15−1] (bsm) (Entered: 06/03/1997)

STATEMENT OF MATERIAL FACTS in issue by deft Arkansas Education [16−1] (bsm) (Entered: 06/03/1997)

MOTION by deft Arch Ford Education for enlargement of time to respond to motion for partial summary judgment (bsm) (Entered: 06/06/1997)

BRIEF by deft Arch Ford Education in support of motion for enlargement of time to respond to motion for partial judgment [18−1] (bsm) (Entered: 06/06/1997)

MOTION by plaintiff to compel discovery responses by AFESC (former empl) (Entered: 06/16/1997)

PLAINTIFFS' ADVISE TO COURT &COUNSEL regarding ADOE'S statement of material facts &to compel answers to interrogatories 1 &2 (former empl)

ORDER by Judge G. T. Eisele granting motion for enlargement of time until 06/23/97 to respond to motion for partial judgment [18−1] [15−1] (cc: all counsel) (former empl) (Entered: 06/19/1997)

RESPONSE by defendant Arch Ford Education to motion for partial summary judgment [15−1] (former empl) (Entered: 06/19/1997)

STATEMENT OF FACTS (Rule 29) by defendant Arch Ford Education in support of motion response [24−1] (former empl) (Entered: 06/19/1997)

RESPONSE by separate deft to motion to compel discovery responses by AFESC [20−1] (former empl) (Entered: 06/20/1997)

RESPONSE by deft Arkansas Education to motion to compel [21−1] (bsm) (Entered: 06/24/1997)

RESPONSE by deft to motion for partial summary judgment [15−1] (former empl) (Entered: 06/27/1997)

BRIEF by Atkins School District in support of response to motion [28−1] (former empl) (Entered: 06/27/1997)

STATEMENT OF FACTS by Atkins Sch District in support of response to motion [28−1] (former empl) (Entered: 06/27/1997)

SCHEDULING ORDER: (DOC) setting trial for 9:15 the week of 12/1/97; discovery due 10/6/97; status report due 10/6/97; pretrial info sheet due 11/10/97 (cc: all counsel) (former empl) (Entered: 06/27/1997)

MOTION by plaintiff to compel discovery responses by Atkins School District (former empl) (Entered: 06/30/1997)

ORDER by Judge G. T. Eisele granting pltf's motions to compel discovery [32−1] [20−1] [21−1]; deft will have until 8/15/97 to respond (cc: all counsel) (former empl) (Entered: 07/31/1997)

AMENDED SCHEDULING ORDER (DOC) trial set for 9:15 during the week of 3/9/98; discovery due 1/12/98; status report due 1/12/98; pretrial informaiton sheet due 2/16/98 (cc: all counsel) (former empl) (Entered: 10/20/1997)

MOTION by Arkansas Education to dismiss for lack of jurisdiction &in the alternative for summary judgment , for continuance pending an interlocutory appeal (former empl) (Entered: 10/21/1997)

BRIEF by Arkansas Department of Educaton's in support of motions to dismiss for lack of jurisdiction, for summary judgment &for continuance pending an interlocutory appeal [35−1] [35−2] [35−3] (former empl) (Entered: 10/21/1997)

STATEMENT OF FACTS by Arkansas Department of Education in support of motion for summary judgment [35−2] (former empl) (Entered: 10/21/1997)

NOTICE of change of address for attorney for pltfs by Mary Jane White to Post Office Box 358, Waukon, IA 52172−0358 (# 34 remailed to new address) (former empl) Modified on 10/28/1997 (Entered: 10/28/1997)

MOTION by pltfs to extend time to respond to Adoe's motion to dismiss for summary judgment (former empl) (Entered: 11/05/1997)

ORDER by Judge G. T. Eisele granting motion to extend time to respond to ADOE's motion to dismiss for summary judgment [39−1] [35−1] [35−2]; response due 11/25/97 (cc: all counsel) (former empl) (Entered: 11/18/1997)

RESPONSE by pltfs to motion to dismiss for lack of jurisdiction [35−1] and/or for summary judgment [35−2] and continuance pending an interlocutory appeal [35−3] (bkp) (Entered: 11/25/1997)

BRIEF by pltfs in support of cross−motion for summary judgment and response to ADOE's motion to dismiss and/or motion for summary judgment [41−1] (bkp) (Entered: 11/25/1997)

RESPONSE by pltfs to ADOE's statement of material facts [17−1] (bkp) (Entered: 11/25/1997)

STATEMENT OF FACTS (Rule 29) by pltfs in support of motion for summary judgment [41−1] (bkp) (Entered: 11/25/1997)

MOTION to substitute attorney Leigh Anne Yeargan in place of Tim C. Humphries as counsel for separate deft Arkansas Dept of Education (former empl) (Entered: 12/08/1997)

MOTION by Arkansas Education to extend time to respond to pltf's cross−motion for summary judgment (former empl) (Entered: 12/08/1997)

ORDER by Judge G. T. Eisele granting motion to extend time to respond to pltf's cross−motion for summary judgment until 12/12/97 [45−1] [41−1]; granting motion to substitute attorney Leigh Anne Yeargan in place of Tim C. Humphries as counsel for separate deft Arkansas Dept of Education [44−1] (cc: all counsel) EOD 12/9/97 (bmt) (Entered: 12/09/1997)

RESPONSE by separate deft Arkansas Department of Education to pltf's cross−motion for summary judgment [41−1] (former empl) (Entered: 12/16/1997)

RESPONSE by separate deft to pltf's statement of material facts not at issue for cross−motion for summary judgment [43−1] (former empl) (Entered: 12/16/1997)

SEPARATE DEFENDANT Arkansas Department of Education's status report (former empl) (Entered: 01/14/1998)

STATUS REPORT by Arch Ford Education (former empl) (Entered: 01/20/1998)

MOTION by separate deft Arch Ford Education Service Cooperative for continuance until the appeal has been decided (former empl) (Entered: 01/28/1998)

ORDER (DOC) granting oral motion for extension of time to file the pretrial information sheets &trial briefs; Pretrial Infomation Sheet due 2/25/98; Trial Brief due 2/25/98 (cc: all counsel) (former empl) (Entered: 02/13/1998)

MEMORANDUM OPINION &ORDER by Judge G. T. Eisele granting motions for continuance [51−1] [35−3]; motions for summary judgment are held in abeyance; granting in part, denying in part Arkansas Department of Education's motion to dismiss based on the Eleventh Amendment immunity; the remaining claims in Arkansas Department of Education's mot to dismiss immunity are held in abeyance [41−1] [35−1] [35−2] [15−1] (cc: all counsel) EOD 2/23/98 (former empl) Modified on 07/01/1998 (Entered: 02/24/1998)

MOTION by defendant Arkansas Education to substitute attorney Tim Humphries in place of Leigh Anne Yeargan (bmt) (Entered: 03/03/1998)

ORDER granting motion to substitute attorney Tim Humphries in place of Leigh Anne Yeargan for deft AR Education [54−1] (cc: all counsel) (bsm) (Entered: 03/05/1998)

NOTICE of appeal by defendant Arkansas Education from District Court decision [53−2] (appeal fees paid) (2 certified copies to Clerk 8USCA), (cc: counsel) (dac) Modified on 03/16/1998 (Entered: 03/16/1998)

AMENDED SCHEDULING ORDER: (DOC) Court trial set for 9:15 a.m. on 10/13/98; discovery due 8/18/98; status report due 8/18/98; pretrial info sheet due 9/22/98 (cc: all counsel) (bsm) Modified on 03/16/1998 (Entered: 03/16/1998)

DOCKET NOTE: original file forwarded to Clerk USCA8, per request of Joe Hagen (dac) (Entered: 03/30/1998)

WRITTEN STATUS REPORT by defendant Arkansas Education (dac) (Entered: 08/18/1998)

WRITTEN STATUS REPORT by defendant Arch Ford Education (dac) (Entered: 09/03/1998)

MOTION by defendant Arch Ford Education for continuance (kjp) (Entered: 09/21/1998)

MEMO TO FILE: finding the motion to dismiss for lack of jurisdiction moot [35−1] (former empl) (Entered: 09/23/1998)

ORDER by Judge G. T. Eisele ruling on the pending motions is hereby held in abeyance [41−1] [35−2] [15−1]; the Court will grant Arch Ford's motion for continuance by entering an amended shceduling order in the near future (cc: all counsel) (former empl) (Entered: 09/23/1998)

AMENDED SCHEDULING ORDER; Court trial set for 9:15 a.m. on 1/5/99 in Little Rock, AR; discovery due 11/10/98; pretrial info sheet due 12/15/98 (cc: all counsel) (bsm) (Entered: 09/25/1998)

Docket Modification (Utility Event) finding the motion for continuance [60−1] moot due to entry of amended scheduling order. (mah) (Entered: 09/24/1998)

WRITTEN STATUS REPORT by plaintiffs (former empl) (Entered: 10/01/1998)

MOTION by defendant Arch Ford Education to continue (dac) (Entered: 10/23/1998)

WRITTEN STATUS REPORT by defendant Arkansas Education (dac) (Entered: 11/12/1998)

ORDER by Judge G. T. Eisele granting motion to continue [65−1] (cc: all counsel) (dac) (Entered: 11/12/1998)

Opinion (8USCA) (dac) (Entered: 10/13/1999)

MANDATE from 8 USCA affirming in part, reversing in part the decision of the District Court and remanding for proceedings consistent with the opinion of this court [56−1] (USCA8 Order of 10/7/99− plaintiffs−appellees shall recover from defendants−appellants $237.80 as costs on appeal(order filed 10/13/99) (Original files remain in possession of Clerk USCA8) (dac) Modified on 10/13/1999 (Entered: 10/13/1999)

ORDER (8 USCA) plaintiffs−appellees shall recover from defendants−appellants $237.80 as costs on appeal (dac) (Entered: 10/13/1999)

DOCKET NOTE: 2 vols original files returned from Clerk USCA8 (dac) (Entered: 10/18/1999)

ORDER (8 USCA) on Court's own motion, the mandate issued 10/6/99 is recalled for the reason that it was entered prematurely (dac) (Entered: 11/01/1999)

Opinion (8USCA) (dac) (Entered: 11/01/1999)

MANDATE from 8 USCA judgment of the district court is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court (dac) (Entered: 11/01/1999)

LETTER/ORDER by Judge G. T. Eisele directing parties to submit a status report outlining views of the issues remaining for the Court to decide; the pltfs &Arkansas Department of Education should update their briefs to reflect any relevant changes in the law &to emphasize the issues remaining for consideration; separate defts Atkins &Arch Ford should update any filings regarding their opposition to the pltfs' motions; pltfs &separate defts should submit their positions on the necessity of a trial; status reports due no later than 1/3/00 (cc: all counsel) (former empl) (Entered: 12/07/1999)

ANSWER by Atkins Sch District to first amended complt lej) (Entered: 03/24/2000)

MOTION by deft Arkansas Education to dismiss (bsm) (Entered: 04/05/2000)

BRIEF by deft Arkansas Education in support of motion to dismiss [77−1] (bsm) (Entered: 04/05/2000)

RESISTANCE by plaintiffs to motion to dismiss of separate deft Arkansas Department of Education [77−1] (bsm) (Entered: 06/06/2000)

BRIEF by plaintiffs in support of pltfs' resistance to Motion to Dismiss of separate deft Arkansas Department of Education [79−1] (bsm) (Entered: 06/06/2000)

MOTION by plaintiffs to enlarge the record [81−1] (bsm) (Entered: 06/06/2000)

MOTION by plaintiffs for partial summary judgment on IDEA claims against Atkins Schol District with additional Exhibits A−K (except E, available directly from publisher) (bsm) Modified on 06/06/2000 (Entered: 06/06/2000)

RESPONSE by deft Arch Ford Education to motion for partial summary judgment on IDEA claims against Atkins Schol District [82−1] (bsm) (Entered: 07/05/2000)

RESPONSE by deft Atkins Sch District to pltf's motion for partial summary judgment [82−1] (bsm) (Entered: 07/24/2000)

BRIEF by deft Atkins Sch District in support of response to pltf's motion for partial summary judgment [84−1] (bsm) (Entered: 07/24/2000)

MOTION by deft Arkansas Education to substitute attorney Sherri L. Robinson in place of Tim C. Humphries (bsm) (Entered: 12/08/2000)

Opinion (8USCA) (dac) (Entered: 01/30/2001)

MANDATE from 8 USCA judgment of the district court is affirmed (dac) (Entered: 01/30/2001)

MOTION by deft Atkins Sch District for summary judgment (bsm) (Entered: 03/15/2001)

BRIEF by Atkins Sch District in support of motion for summary judgment [89−1] (bsm) (Entered: 03/15/2001)

STATEMENT OF MATERIAL FACTS by Atkins Sch District for which no issues exist to be tried [89−1] (bsm) (Entered: 03/15/2001)

ATTORNEY APPEARANCE for Arkansas Education; attorney Anita P. Leonard (bsm) (Entered: 03/19/2001)

MOTION by deft Arch Ford Education for summary judgment of separate deft Arch Ford Education Service Cooperative (bsm) (Entered: 03/21/2001)

ORDER by Judge G. T. Eisele granting deft Atkins School District's motion for summary judgment [89−1], denying pltfs' motions for summary judgment [15−1] [82−1] [41−1], all other pending motions are dismissed as moot [93−1] [86−1] [81−1] [77−1] [35−2]; pltfs' complts are dismissed with prejudice as to all defts; terminating case (cc: all counsel) (bsm) (Entered: 03/26/2001)

NOTICE of filing petition for a writ of certiorari with Supreme Court #00−1488 (dac) (Entered: 04/05/2001)

MOTION by plaintiffs under various Federal Rules of Civil Procedure to reconsider the 3/23/01 Order (bsm) (Entered: 04/11/2001)