Case: M.J. v. District of Columbia

M.J. v. The District of Columbia

MOTION for Leave to Allow Parents to Proceed Anonymously by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (jf) (Entered: 08/17/2018)

MEMORANDUM & ORDER granting 1 MOTION for Leave to Allow Parents to Proceed Anonymously. Signed by Chief Judge Beryl A. Howell on 08/14/2018. (see order for full details) (jf) (Entered: 08/17/2018)

COMPLAINT against MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE ( Filing fee $ 400, receipt number 4616094145) filed by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Attachments: # 1 Civil Cover Sheet)(jf) (Additional attachment(s) added on 8/17/2018: # 2 Exhibit Sealed Document) (jf). (Entered: 08/17/2018)

1 Civil Cover Sheet

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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by UNIVERSITY LEGAL SERVICES, INC. (jf) (Entered: 08/17/2018)

SUMMONS Not Issued as to All Defendants (jf)

NOTICE of Appearance by Mary Nell McGarity Clark on behalf of All Plaintiffs (Clark, Mary Nell) (Entered: 08/17/2018)

NOTICE of Appearance by Jason Thomas Mitchell on behalf of All Plaintiffs (Mitchell, Jason) (Entered: 08/17/2018)

NOTICE of Appearance by Howard Schiffman on behalf of All Plaintiffs (Schiffman, Howard) (Entered: 08/17/2018)

REQUEST FOR SUMMONS TO ISSUE re 3 Complaint, filed by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. Related document: 3 Complaint, filed by D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC..(Mitchell, Jason) (Entered: 08/17/2018)

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/20/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/20/2018)

NOTICE of Appearance by Alice Y. Abrokwa on behalf of All Plaintiffs (Abrokwa, Alice) (Entered: 08/20/2018)

NOTICE of Appearance by Ira A. Burnim on behalf of All Plaintiffs (Burnim, Ira) (Entered: 08/20/2018)

SUMMONS (4) Issued Electronically as to MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE, District of Columbia Attorney General, and the District of Columbia Mayor. (jf) (Entered: 08/21/2018)

NOTICE of Appearance by Seth Michael Galanter on behalf of All Plaintiffs (Galanter, Seth) (Entered: 08/21/2018)

NOTICE of Appearance by Amanda J. Montee on behalf of All Defendants (Montee, Amanda) (Entered: 08/27/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 8/22/2018. Answer due for ALL D.C. DEFENDANTS by 9/12/2018. (Mitchell, Jason) (Entered: 08/29/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 8/22/2018. (Mitchell, Jason) (Entered: 08/29/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TANYA A. ROYSTER served on 8/22/2018 (Mitchell, Jason) (Entered: 08/29/2018)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WAYNE TURNAGE served on 8/22/2018 (Mitchell, Jason) (Entered: 08/29/2018)

NOTICE of Appearance by Gregory Martin Cumming on behalf of All Defendants (Cumming, Gregory) (Entered: 08/29/2018)

MOTION for Extension of Time to File Answer re 3 Complaint, by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 09/04/2018)

MINUTE ORDER granting 20 Defendants' unopposed motion for an extension of time to respond to Plaintiffs' complaint. Defendants shall respond to Plaintiffs' complaint by no later than October 3, 2018. Signed by Judge Emmet G. Sullivan on 9/5/2018. (lcegs2)

Set/Reset Deadlines: Defendants Response To Plaintiffs' Complaint due by 10/3/2018. (mac)

MOTION to Dismiss by DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Montee, Amanda) (Entered: 10/03/2018)

1 Text of Proposed Order

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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MOTION for Extension of Time to File Motion For Class Certification, And For An Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Text of Proposed Order)(Bossing, Lewis). Added MOTION for Order on 10/4/2018 (jf). (Entered: 10/04/2018)

Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Text of Proposed Order)(Bossing, Lewis) (Entered: 10/10/2018)

NOTICE of Change of Address by Howard Schiffman (Schiffman, Howard) (Entered: 10/11/2018)

MINUTE ORDER granting 23 plaintiffs' consent motion for extension of time. Plaintiffs shall respond to defendants' motion to dismiss by no later than October 31, 2018, and defendants shall file any reply in support of their motion to dismiss by no later than November 16, 2018. Signed by Judge Emmet G. Sullivan on 10/11/2018. (lcegs2)

Set/Reset Deadlines: Plaintiffs Response To Defendants' Motion To Dismiss due by 10/31/2018. Defendants Reply In Support Of Their Motion To Dismiss due by 11/16/2018. (mac)

Memorandum in opposition to re 22 MOTION for Extension of Time to File Motion For Class Certification, And For An Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order MOTION for Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 10/18/2018)

1 Text of Proposed Order

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NOTICE of Appearance by Jessica Vander Kooi Den Houter on behalf of All Plaintiffs (Den Houter, Jessica) (Entered: 10/22/2018)

REPLY to opposition to motion re 22 MOTION for Extension of Time to File Motion For Class Certification, And For An Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order MOTION for Order Requiring The Parties To Meet And Confer And Submit A Proposed Scheduling Order filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Bossing, Lewis) (Entered: 10/24/2018)

MINUTE ORDER granting 22 Motion for Extension of Time File Motion For Class Certification; and granting in part and denying in part 22 Motion for Order. Defendants have consented to plaintiffs' motion to stay plaintiffs' obligation to file a motion for class certification until a date after fact discovery is scheduled, but have declined to discuss the scope or date of any discovery. Therefore, the parties have not discussed how discovery might be tailored in this case to the class certification decision. In the absence of a more definite explanation of the scope of discovery the plaintiffs seek to take, the Court cannot consider whether they have demonstrated good cause to support that discovery. Accordingly, the Court DENIES plaintiffs request for an Order directing the parties to file a scheduling order that encompasses discovery. The Court GRANTS the plaintiffs' request for an Order for an extension of time to file the motion for class certification and an Order directing the parties to meet and confer. The deadline to file a motion for class certification is hereby STAYED. The parties are directed to meet and confer by no later than November 13, 2018. If the parties agree on the scope of discovery limited to class certification issues, the parties shall file a proposed scheduling order by no later than November 16, 2018. If the parties cannot agree, plaintiffs may file a motion for expedited discovery. If the plaintiffs file a motion for expedited discovery they must provide an explanation of the precise discovery they seek to take, including an explanation of how that discovery would be limited to ensure that it does not become full discovery on the merits of their claims, along with an explanation of how the good cause they seek to show supports the taking of that specific discovery. Signed by Judge Emmet G. Sullivan on 10/29/2018. (lcegs2)

Set/Reset Deadlines: Parties Meet and Confer by 11/13/2018. Proposed Scheduling Order due by 11/16/2018. (mac)

NOTICE of Appearance by Jeremy Bachrach Siegfried on behalf of D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Siegfried, Jeremy) (Entered: 10/31/2018)

Memorandum in opposition to re 21 MOTION to Dismiss filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Attachments: # 1 Exhibit A)(Mitchell, Jason) (Entered: 10/31/2018)

1 Exhibit A

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SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Declaration of J.J., # 3 Declaration of Jane Brown, # 4 Text of Proposed Order)(Mitchell, Jason) (Entered: 10/31/2018)

NOTICE of Appearance by Mark J Murphy on behalf of All Plaintiffs (Murphy, Mark) (Entered: 11/02/2018)

NOTICE of Compliance with October 29, 2018 Order by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. re Order on Motion for Extension of Time to,,,,,,,, Order on Motion for Order,,,,,,, (Bossing, Lewis) (Entered: 11/16/2018)

REPLY to opposition to motion re 21 MOTION to Dismiss filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Cumming, Gregory) (Entered: 11/16/2018)

MOTION to Expedite Discovery by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Bossing, Lewis) (Entered: 12/10/2018)

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Memorandum in opposition to re 34 MOTION to Expedite Discovery filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Attachments: # 1 Text of Proposed Order)(Montee, Amanda) (Entered: 12/20/2018)

REPLY to opposition to motion re 34 MOTION to Expedite Discovery filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Bossing, Lewis) (Entered: 12/27/2018)

NOTICE OF SUBSTITUTION OF COUNSEL by Mateya Beth Kelley on behalf of All Defendants Substituting for attorney Amanda J. Montee (Kelley, Mateya) (Entered: 12/28/2018)

NOTICE of Appearance by Sandra J. Bernstein on behalf of All Plaintiffs (Bernstein, Sandra) (Entered: 01/04/2019)

NOTICE of Appearance by Francis Javier Nugent on behalf of All Plaintiffs (Nugent, Francis) (Entered: 04/04/2019)

REDACTED DOCUMENT- Declaration to 21 MOTION to Dismiss of J.J. by D.M., J.J., L.R., M.J.. (Mitchell, Jason) (Entered: 06/13/2019)

REDACTED DOCUMENT- Declaration to 21 MOTION to Dismiss of Jane Brown by D.M., J.J., L.R., M.J.. (Mitchell, Jason) (Entered: 06/13/2019)

MOTION to Withdraw by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Murphy, Mark) (Entered: 07/10/2019)

NOTICE OF SUPPLEMENTAL AUTHORITY by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Mitchell, Jason) (Entered: 07/16/2019)

Order on Motion to Withdraw

MINUTE ORDER granting 42 motion to withdraw. Mark J. Murphy is no longer an attorney of record in this case. Signed by Judge Emmet G. Sullivan on 7/16/2019. (lcegs2)

ORDER denying 21 motion to dismiss. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2) (Entered: 07/25/2019)

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2)

Order on Motion to Expedite

.Order

MINUTE ORDER finding as moot 34 motion to expedite. In light of 44 the Court's Order denying defendants' motion to dismiss, the Court finds as moot plaintiffs' motion to expedite discovery. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2)

MINUTE ORDER directing the parties to file a joint status report with a recommendation for further proceedings by no later than August 1, 2019. Signed by Judge Emmet G. Sullivan on 7/25/2019. (lcegs2)

Set/Reset Deadlines

Set/Reset Deadlines: Joint Status Report due by 8/1/2019. (mac)

Joint STATUS REPORT by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Mitchell, Jason) (Entered: 08/01/2019)

Consent MOTION for Extension of Time to File Answer re 3 Complaint, by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cumming, Gregory) (Entered: 08/07/2019)

Order on Motion for Extension of Time to Answer

.Order

MINUTE ORDER. In light of 46 the parties' joint status report, the parties are directed to file a further status report and a proposed joint scheduling order by no later than August 22, 2019. Signed by Judge Emmet G. Sullivan on 8/7/2019. (lcegs2)

MINUTE ORDER granting 47 defendants' motion for extension of time. Defendants shall file an answer to plaintiffs' complaint by no later than August 15, 2019. Signed by Judge Emmet G. Sullivan on 8/7/2019. (lcegs2)

Set/Reset Deadlines

Set/Reset Deadlines: Further Status Report due by 8/22/2019. (mac)

Set/Reset Deadlines: Defendant Answer To Plaintiffs' Complaint due by 8/15/2019. (mac)

ANSWER to 3 Complaint, with Jury Demand by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE.(Cumming, Gregory) (Entered: 08/15/2019)

MEET AND CONFER STATEMENT. (Attachments: # 1 Plaintiff's Proposed Scheduling Order, # 2 Defendant's Proposed Scheduling Order)(Mitchell, Jason) (Entered: 08/22/2019)

1 Plaintiff's Proposed Scheduling Order

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2 Defendant's Proposed Scheduling Order

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NOTICE OF WITHDRAWAL OF APPEARANCE as to D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. Attorney Jeremy Bachrach Siegfried terminated. (Siegfried, Jeremy) (Entered: 08/26/2019)

NOTICE OF WITHDRAWAL OF APPEARANCE as to D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. Attorney Francis Javier Nugent terminated. (Nugent, Francis) (Entered: 09/19/2019)

NOTICE of Appearance by Micah Ian Bluming on behalf of All Defendants (Bluming, Micah) (Entered: 10/22/2019)

Joint MOTION for Protective Order by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order With Exhibit A)(Mitchell, Jason) (Entered: 10/24/2019)

STIPULATED PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal Signed by Judge Emmet G. Sullivan on 10/24/19. (mac) (Entered: 10/25/2019)

Set/Reset Deadlines

.Order

MINUTE ORDER. Upon consideration of the 49 parties' proposed scheduling orders, the following schedule shall govern these proceedings: Fact discovery shall be limited to class certification issues and shall close on May 18, 2020. Plaintiffs shall file their motion for class certification by no later than March 9, 2020. Defendants shall file a response by no later than May 18, 2020. Plaintiffs shall file a reply by no later than June 15, 2020. Any rebuttal discovery shall be completed by no later than June 15, 2020. Signed by Judge Emmet G. Sullivan on 11/4/2019. (lcegs2)

Set/Reset Deadlines: Fact Discovery due by 5/18/2020. Plaintiffs Motion For Class Certification due by 3/9/2020. Defendants Responses due by 5/18/2020. Plaintiffs Reply due by 6/15/2020. Rebuttal Discovery due by 6/15/2020. (mac)

MOTION to Compel Discovery by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A-Defendants Objections and Responses to Plaintiffs Second Set of Interrogatories, # 3 Text of Proposed Order)(Mitchell, Jason) (Entered: 01/21/2020)

MOTION to Withdraw M.J. as a Named Plaintiff by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Mitchell, Jason) (Entered: 01/30/2020)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Declaration of J.J., # 3 Text of Proposed Order)(Mitchell, Jason) (Entered: 01/30/2020)

SEALED Declaration of J.J. re 56 MOTION to Withdraw M.J. as a Named Plaintiff filed by J.J., D.M., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (This document is SEALED and only available to authorized persons.)(zjf) (Entered: 02/03/2020)

Memorandum in opposition to re 55 MOTION to Compel Discovery filed by MURIEL BOWSER, DISTRICT OF COLUMBIA, TANYA A. ROYSTER, WAYNE TURNAGE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Cumming, Gregory) (Entered: 02/04/2020)

REDACTED DOCUMENT- Declaration of J.J. to 56 MOTION to Withdraw M.J. as a Named Plaintiff by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Mitchell, Jason) (Entered: 02/05/2020)

REPLY to opposition to motion re 55 MOTION to Compel Discovery filed by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC.. (Mitchell, Jason) (Entered: 02/11/2020)

MOTION for Extension of Time to File the Motion for Class Certification and Related Deadlines by D.M., J.J., L.R., M.J., UNIVERSITY LEGAL SERVICES, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Mitchell, Jason) (Entered: 02/20/2020)

Set/Reset Deadlines

Order on Motion for Extension of Time to

MINUTE ORDER granting 62 Plaintiff's Consent Motion to Extend Time to File Their Motion for Class Certification and Related Deadlines. Plaintiffs shall file its Motion for Class Certification by no later than May 4, 2020; Defendants shall file its Opposition to Plaintiffs' Motion for Class Certification by no later than July 13, 2020; Fact discovery on class certification issues shall close on July 13, 2020; Plaintiffs shall file any Reply by no later than August 10, 2020; and Any rebuttal discovery related to class certification shall be completed by August 10, 2020. Signed by Judge Emmet G. Sullivan on 2/21/2020. (lcegs2)

Set/Reset Deadlines: Plaintiffs Motion For Class Certification due by 5/4/2020. Defendants Opposition To Plaintiffs Motion For Class Certification due by 7/13/2020. Fact Discovery On Class Certification Issues Shall Close by 7/13/2020. Plaintiffs Reply due by 8/10/2020. Rebuttal Discovery Related To Class Certification Shall Be Completed by 8/10/2020. (mac)

NOTICE OF SUBSTITUTION OF COUNSEL by Honey C. Morton on behalf of All Defendants Substituting for attorney Gregory M. Cumming (Morton, Honey) (Entered: 02/24/2020)

Order on Motion to Withdraw

Order Referring Case to Magistrate Judge

VACATED PURSUANT TO MINUTE ORDER FILED 4/6/2020.....MINUTE ORDER. Pursuant to Local Civil Rule 72.3(a)(3), the Court hereby refers 55 Plaintiff's pending MOTION to Compel Discovery to Magistrate Judge Harvey for a report and recommendation. Signed by Judge Emmet G. Sullivan on 2/25/2020. (lcegs2) Modified on 4/7/2020 (znmw).

MINUTE ORDER granting as uncontested 56 PLAINTIFFS' MOTION TO WITHDRAW M.J. AS A NAMED PLAINTIFF in this case. M.J. is HEREBY WITHDRAWN as a plaintiff in this case. Signed by Judge Emmet G. Sullivan on 2/25/2020. (lcegs2)

CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for report and recommendation. (zsb)

Case Referred to Magistrate Judge

NOTICE of Change of Address by Lewis L. Bossing, Jr (Bossing, Lewis) (Entered: 02/28/2020)