Case: Autism Society of Michigan and Michigan Protection and Advocacy Service. v. Fuller

COMPLAINT against all defendants filed by Autism Society of Michigan (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Civil Cover Sheet) (jlg, ) (Entered: 05/03/2005)

RECEIPT: in the amount of $250.00, receipt number 107181; for Filing Fee (jlg, )

SUMMONS ISSUED as to Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (jlg, )

Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Brenneman indicating that this case is related to 1:03-cv-917 (jlg, ) (Entered: 05/12/2005)

ATTORNEY APPEARANCE of Gary P. Bartosiewicz on behalf of defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (Bartosiewicz, Gary) (Entered: 05/13/2005)

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 6/14/2005 at 02:00 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; status report due by 6/9/2005 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 05/16/2005)

AMENDED COMPLAINT against all defendants filed by Autism Society of Michigan (Attachments: # 1 Attachment # 2 Attachment) (Hickox, Stacy) (Entered: 05/24/2005)

PROOF OF SERVICE by plaintiff Autism Society of Michigan (Hickox, Stacy) (Entered: 05/24/2005)

WAIVER OF SERVICE returned executed, by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves, Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves Steve Gibson waiver sent on 5/5/2005, answers due 6/30/05 or before (Bartosiewicz, Gary) Modified on 6/7/2005 to edit text (elc, ). (Entered: 06/06/2005)

JOINT STATUS REPORT submitted for filing by plaintiff Autism Society of Michigan (Hickox, Stacy) (Entered: 06/08/2005)

MINUTES of Rule 16 scheduling conference held before Magistrate Judge Hugh W. Brenneman Jr. (proceedings digitally recorded) (Magistrate Judge Hugh W. Brenneman, Jr., ddk) (Entered: 06/21/2005)

ORDER directing defendant to file its motion to dismiss no later than 6/24/05 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 06/15/2005)

PROOF OF SERVICE by plaintiff Autism Society of Michigan (Hickox, Stacy) (Entered: 06/20/2005)

(DISREGARD THIS ENTRY) MOTION to dismiss with Oral Argument Requested (Attachments: # 1 # 2) (Cudney, Tyren) Modified on 6/24/2005 see entry 13 for correction (elc, ). (Entered: 06/23/2005)

AMENDED MOTION to dismiss with Oral Argument Requested by defendant Parchment School District; (Bartosiewicz, Gary) (Entered: 06/24/2005)

BRIEF in support of 13 Amended Motion to Dismiss filed by Parchment School District (Bartosiewicz, Gary) (Entered: 06/24/2005)

PROOF OF MAILING by defendant Parchment School District re 13 Amended Motion to Dismiss & Amended Brief in Support of Motion to Dismiss (Bartosiewicz, Gary) (Entered: 06/24/2005)

NOTICE OF MOTION HEARING regarding document number 13 : motion hearing set for 9/21/2005 at 03:00 PM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; (Judge Gordon J. Quist, mil) (Entered: 06/28/2005)

FIRST MOTION for leave to file Motion for Leave to File Second Amended Complaint by plaintiff Autism Society of Michigan; (Hickox, Stacy) (Entered: 07/19/2005)

BRIEF in support of 17 Brief in Support of Motion for Leave to File Second Amended Complaint filed by Autism Society of Michigan (Attachments: # 1 Proposed Document SEcond Amended Complaint# 2 Exhibit Ex. 1 to Second Amended Complaint# 3 Exhibit Ex. 2 to Second Amended Complaint# 4 Exhibit Ex. 3 to Second Amended Complaint# 5 Exhibit Ex. 4 to Second Amended Complaint# 6 Exhibit Ex. 5 to Second Amended Complaint# 7 Exhibit Ex. 6 to Second Amended Complaint) (Hickox, Stacy) (Entered: 07/19/2005)

PROOF OF SERVICE by plaintiff Autism Society of Michigan re 17 Motion for Leave to File Second Ameded Complaint and Brief in Support (Hickox, Stacy) (Entered: 07/19/2005)

ORDER REFERRING FIRST MOTION for leave to file Motion for Leave to File Second Amended Complaint 17 to Magistrate Judge Brenneman ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 07/21/2005)

RESPONSE in opposition re 13 Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss filed by Autism Society of Michigan (Attachments: # 1 Affidavit Affidavit of Sally Burton-Hoyle# 2 Affidavit Affidavit of Bruce Mills# 3 Affidavit Affidavit of Ann Yurcek# 4 Affidavit Affidavit of Beth Smith) (Hickox, Stacy) (Entered: 07/21/2005)

PROOF OF SERVICE by plaintiff Autism Society of Michigan (Hickox, Stacy) (Entered: 07/21/2005)

ORIGINAL PAPER AFFIDAVIT of Sally Burton-Hoyle in reference to the affidavit submitted electronically and assigned document number 21 ; submitted for filing by plaintiff Autism Society of Michigan (elc, ) (Entered: 07/27/2005)

ORIGINAL PAPER AFFIDAVIT of Bruce Mills in reference to the affidavit submitted electronically and assigned document number 21 ; submitted for filing by plaintiff Autism Society of Michigan (elc, ) (Entered: 07/27/2005)

ORIGINAL PAPER AFFIDAVIT of Ann Yurcek in reference to the affidavit submitted electronically and assigned document number 21 ; submitted for filing by plaintiff Autism Society of Michigan (elc, ) (Entered: 07/27/2005)

ORIGINAL PAPER AFFIDAVIT of Beth Smith in reference to the affidavit submitted electronically and assigned document number 21 ; submitted for filing by plaintiff Autism Society of Michigan (elc, ) (Entered: 07/27/2005)

RESPONSE in opposition re 17 Defendant's Brief in Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint filed by Parchment School District (Bartosiewicz, Gary) (Entered: 08/02/2005)

PROOF OF SERVICE by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves re 27 Proof of Service for Defendant's Brief in Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint (Bartosiewicz, Gary) (Entered: 08/02/2005)

FIRST MOTION to compel Discovery by plaintiff Autism Society of Michigan; (Hickox, Stacy) (Entered: 08/05/2005)

MEMORANDUM in support of 29 Motion to Compel Discovery filed by Autism Society of Michigan (Hickox, Stacy) (Entered: 08/05/2005)

PROOF OF SERVICE by plaintiff Autism Society of Michigan re 29 (Hickox, Stacy) (Entered: 08/05/2005)

OBJECTION to Plaintiff's Interrogatories by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (Bartosiewicz, Gary) (Entered: 08/05/2005)

ORDER REFERRING FIRST MOTION to compel Discovery 29 to Magistrate Judge Brenneman ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, mil) (Entered: 08/11/2005)

REPLY to response to motion re 13 filed by Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (Bartosiewicz, Gary) (Entered: 08/12/2005)

RESPONSE to motion re 29 filed by Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (Bartosiewicz, Gary) (Entered: 08/12/2005)

ORDER granting 17 motion for leave to file second amended complaint ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw)

NOTICE OF MOTION HEARING regarding document number 29 : motion hearing set for 10/5/2005 at 02:00 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 09/09/2005)

AMENDED COMPLAINT (SECOND) against all defendants filed by Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6) (elc, ) (Entered: 09/12/2005)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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ORDER DISMISSING DEFENDANTS' MOTION TO DISMISS 13 PLAINTIFF'S FIRST AMENDED COMPLAINT AS MOOT; 9/21/2005 oral argument is cancelled; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 09/12/2005)

(DISREGARD) MOTION to dismiss Second Amended Complaint by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves; (Bartosiewicz, Gary) Modified on 9/30/2005: SEE ENTRY 44 TO VIEW CORRECT DOCUMENT (elc). (Entered: 09/29/2005)

BRIEF in support of 40 Motion to Dismiss Second Amended Complaint filed by Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (Bartosiewicz, Gary) (Entered: 09/29/2005)

(DISREGARD) MOTION to dismiss Second Amended Complaint by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves; (Bartosiewicz, Gary) Modified on 9/30/2005: SEE ENTRY 44 TO VIEW CORRECTION (elc). (Entered: 09/30/2005)

RESPONSE to motion re 29 Supplemental Response to Motion to Compel filed by Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (Bartosiewicz, Gary) (Entered: 09/30/2005)

MOTION to dismiss Second Amended Complaint by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves; (Bartosiewicz, Gary) (Entered: 09/30/2005)

PROOF OF MAILING by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves of Request to Admit to Plaintiffs (Bartosiewicz, Gary) (Entered: 10/04/2005)

NOTICE cancelling hearing regarding motion number 29 ; (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 10/05/2005)

RESPONSE to motion re 44 Plaintiff's Brief in Opposition to Defendant's Motion to Dismiss Second Amended Complaint filed by Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan (Attachments: # 1 Affidavit Beth Smith# 2 Exhibit Police Report# 3 Exhibit Charles Nicholson Dep. Transcript# 4 Exhibit Ronald Fuller Dep. Transcript# 5 Exhibit Lewis v. New Mexico Department of Health - Memorandum and Opinion# 6 Exhibit Craig Misner Dep. Transcript# 7 Exhibit New Jersey P&A v. Davey# 8 Affidavit Elmer L. Cerano) (Hickox, Stacy) (Entered: 10/26/2005)

PROOF OF SERVICE by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan re 47 (Hickox, Stacy) (Entered: 10/26/2005)

PROOF OF MAILING by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan re: Plaintiffs' Answers to Defendants' Requests for Admission (Hickox, Stacy) (Entered: 10/28/2005)

ORIGINAL PAPER AFFIDAVIT of Elmer L. Cerano in reference to the affidavit submitted electronically and assigned document number 47 ; submitted for filing by plaintiff Michigan Protection and Advocacy Service, Inc. (elc, ) (Entered: 11/01/2005)

REPLY to response to motion re 44 to Dismiss Second Amended Complaint filed by Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves (Bartosiewicz, Gary) (Entered: 11/14/2005)

NOTICE of telephone status conference re: 29 set for 1/17/2006 at 11:15 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.;plaintiff's counsel shall initiate the conference call (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 01/09/2006)

MINUTES of telephone status conference re: 29 held before Magistrate Judge Hugh W. Brenneman Jr.; order to issue by court (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 01/19/2006)

ORDER denying 29 motion to compel ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 01/19/2006)

STRICKEN - ATTORNEY APPEARANCE of Brad Allen Banasik on behalf of The Michigan Association of School Boards (Banasik, Brad) Modified on 2/16/2006 (see Order 56 entered 2/15/06) (rlw, ). (Entered: 02/10/2006)

ORDER striking appearance 55 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/15/2006)

OPINION; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

ORDER granting 44 motion to dismiss; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 05/26/2006)

MOTION for attorney fees by defendants Steve Gibson, Deb Sullivan, Roberto Aguirre, Joel Shaffer, Ronald Fuller, Parchment School District, Charles Nicholson, Robert Champion, Nancy Lenz, Larry Reeves; (Bartosiewicz, Gary) (Entered: 06/09/2006)

ORDER denying 59 motion for attorney fees; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 06/13/2006)

NOTICE OF APPEAL re 58 by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan (Hickox, Stacy) (Entered: 06/20/2006)

PROOF OF SERVICE by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan re 61 (Hickox, Stacy) (Entered: 06/20/2006)

APPEAL FEE PAID re 61 by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan in the amount of $455, receipt number 829045 (Hickox, Stacy)

CASE NUMBER 06-1880 assigned by Sixth Circuit Court of Appeals to appeal 61 (kad, )

APPEAL TRANSCRIPT REQUEST by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan re appeal 61 (Hickox, Stacy) (Entered: 06/29/2006)

PROOF OF SERVICE by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan re 63 (Hickox, Stacy) (Entered: 06/29/2006)

MOTION to vacate Joint Motion Under Rule 60(b) by plaintiff Michigan Protection and Advocacy Service, Inc.; (Hickox, Stacy) (Entered: 07/17/2007)

MOTION to withdraw as attorney by plaintiffs Michigan Protection and Advocacy Service, Inc., Autism Society of Michigan; (Hickox, Stacy) (Entered: 07/30/2007)

MEMORANDUM ORDER denying the parties joint motion 65 ; granting motion 66 to withdraw as attorney; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

ORDER of USCA re appeal 61 ; appeal is dismissed (elc) (Entered: 09/28/2007)