KLOS et al v. BELANGER et al

Maine District Court
Judge:	George Z Singal
Referred:	John H Rich III
Case #:	1:19-cv-00369
Nature of Suit	448 Civil Rights - Education
Cause	42:1981 Civil Rights

Case Filed:	Aug 12, 2019
Terminated:	Dec 22, 2020

Last checked: Saturday Feb 08, 2020 3:57 AM EST

Defendant MARY KENNEDY
Defendant PENELOPE WHEELER-ABBOTT
Defendant DAVID WEBB
Defendant JEANETTE SEDGWICK
Defendant VIRGINIA REBAR
Defendant PENDER MAKIN
Defendant MAINE SCHOOL ADMINISTRATIVE DISTRICT 13
Defendant MAINE DEPARTMENT OF EDUCATION
Defendant MELISSA LYONS-VITALONE
Defendant HANNAH KING
Defendant LEO HILL
Defendant ERIC HERLAN
Defendant ROBERT G HASSON, JR
Defendant SAMUEL "LEE" HARPER
Defendant MELANIE FRAZEK
Defendant EDWARD FERREIRA
Defendant DAN CHUHTA
Defendant WENDY BELANGER
Plaintiff THOMAS KLOS As Parent and next of kin to EK a minor child 244 MAIN STREET BINGHAM, ME 04920
Plaintiff MESENIA GUZMAN

	GPO Dec 27 2019 ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND RECOMMENDED DECISION ON 28 U.S.C. � 1915(e)(2) REVIEW re 1 Complaint, filed by MESENIA GUZMAN, THOMAS KLOS Objections to R&R due by 1/10/2020 By MAGISTRATE JUDGE JOHN H. RICH III. (lrc)
	GPO Jan 23 2020 ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 5. By JUDGE GEORGE Z. SINGAL. (MSH)
	GPO Jun 19 2020 ORDER ON MOTIONS TO DISMISS granting without objection 18,19 and 20 Motions to Dismiss for Failure to State a Claim By JUDGE GEORGE Z. SINGAL. (tcs)
	GPO Sep 08 2020 ORDER ON MOTION FOR RECONSIDERATION granting in part and denying in part 27 Motion for Reconsideration By JUDGE GEORGE Z. SINGAL. (lrt)
	GPO Oct 16 2020 MEMORANDUM DECISION AND ORDER ON PLAINTIFFS' MOTION TO EXTEND TIME denying 38 Motion to Extend Time By MAGISTRATE JUDGE JOHN H. RICH III. (lrt)

Docket last updated: 3 hours ago

Tuesday, December 22, 2020
43		43 order Judgment Tue 12/22 3:18 PM JUDGMENT By DEPUTY CLERK: Lindsey Tully (lrt) Related: [-]
42		42 order Order on Motion to Dismiss/Lack of Prosecution Tue 12/22 2:57 PM ORDER granting without objection41 Motion to Dismiss. This matter is hereby dismissed. By JUDGE GEORGE Z. SINGAL. (lrt) Related: [-]
Thursday, November 19, 2020
41		41 motion Dismiss/Lack of Prosecution Thu 11/19 2:30 PM MOTION to Dismiss for Lack of Prosecution by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 Responses due by 12/10/2020. (HEWEY, MELISSA) Related: [-]
Friday, October 16, 2020
40		40 5 pgs order Order on Motion to Extend Time Fri 10/16 4:23 PM MEMORANDUM DECISION AND ORDER ON PLAINTIFFS' MOTION TO EXTEND TIME denying38 Motion to Extend Time By MAGISTRATE JUDGE JOHN H. RICH III. (lrt) Related: [-]
		utility Set/Reset Deadlines Fri 10/16 4:25 PM Set Deadlines per MEMORANDUM DECISION AND ORDER ON PLAINTIFFS' MOTION TO EXTEND TIME : Plaintiffs' brief due by 11/16/2020. Defendant's responsive brief due by 12/16/2020. Plaintiffs' reply brief due by 12/31/2020. (lrt) Related: [-]
Friday, October 02, 2020
39		39 respm Response in Opposition to Motion Fri 10/02 11:34 AM RESPONSE in Opposition re38 MOTION to Extend Time to file Documents filed by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13. Reply due by 10/16/2020.(EKMAN, ISABEL) Related: [-]
		Att: 1 Declaration of T. Lawrence
		utility Set/Reset Motion and R&R Deadlines/Hearings Fri 10/02 12:33 PM Reset Deadlines as to38 MOTION to Extend Time to file Documents - per Magistrate Judge Rich: Plaintiffs' Reply due by 10/7/2020. (lrt) Related: [-]
Monday, September 28, 2020
		utility Set/Reset Motion and R&R Deadlines/Hearings Mon 09/28 9:47 AM Reset Deadlines as to38 MOTION to Extend Time to file Documents per Magistrate Judge Rich: Defendant's Responses due by 10/2/2020. Any reply from plaintiffs shall be filed by 10/7/2020. (lrt) Related: [-]
Thursday, September 24, 2020
38		38 motion Extend Time Fri 09/25 1:42 PM MOTION to Extend Time to file Documents by JANE DOE, JOHN DOE(lrt) Related: [-]
		Att: 1 Envelope
Tuesday, September 08, 2020
37		37 3 pgs order Order on Motion for Reconsideration Tue 09/08 10:13 AM ORDER ON MOTION FOR RECONSIDERATION granting in part and denying in part27 Motion for Reconsideration By JUDGE GEORGE Z. SINGAL. (lrt) Related: [-]
Sunday, August 30, 2020
36		36 order Order on Motion to Withdraw as Attorney Sun 08/30 11:01 AM ORDER granting35 Motion to Withdraw as Attorney. Attorney McCormick's representation of the defendant is hereby terminated; the defendant continues to be represented by Attorneys Hewey and Ekman. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) Related: [-]
Friday, August 28, 2020
35		35 motion Withdraw as Attorney Fri 08/28 9:57 AM MOTION by Attorney Jeana M. McCormick to Withdraw as Attorney by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 Responses due by 9/18/2020. (MCCORMICK, JEANA) Related: [-]
Wednesday, August 26, 2020
34		34 order Order on Motion to Seal Wed 08/26 2:49 PM ORDER granting30 Motion to Seal; granting31 Motion to Seal By JUDGE GEORGE Z. SINGAL. (lrt) Related: [-]
Tuesday, August 25, 2020
33		33 misc Additional Attachments Tue 08/25 4:11 PM ADDITIONAL ATTACHMENTS filed by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 re32 Sealed Document (NOTICE) . Main Document: Notice of Filing and Certificate of Service ECF 32. (EKMAN, ISABEL) Related: [-]
32		32 misc Sealed Document (NOTICE) Tue 08/25 3:36 PM (Document sealed from public view) SEALED IDEA Administrative Record .(EKMAN, ISABEL) Modified on 8/25/2020 to clarify docket text (lrt) Related: [-]
		Att: 1 Appendix Vol. II - pgs. 81-160,
		Att: 2 Appendix Vol. III - pgs. 161-245
31		31 motion Seal Tue 08/25 3:26 PM (Document sealed from public view) MOTION to Seal Unredacted Record by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 Responses due by 9/15/2020. (EKMAN, ISABEL) Related: [-]
30		30 motion Seal Tue 08/25 12:38 PM (Document sealed from public view) MOTION to Seal ECF No. 29 by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 Responses due by 9/15/2020. (EKMAN, ISABEL) Related: [-]
Monday, August 24, 2020
29		29 misc Administrative Record Mon 08/24 9:00 PM ADMINISTRATIVE RECORD by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13.(EKMAN, ISABEL) Related: [-]
		Att: 1 Appendix Vol. II - pgs. 81-160,
		Att: 2 Appendix Vol. III - pgs. 161-245
Tuesday, August 11, 2020
28		28 respm Response in Opposition to Motion Tue 08/11 3:04 PM RESPONSE in Opposition re27 MOTION for Reconsideration re21 Order on Motion to Dismiss for Failure to State a Claim,, filed by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 Reply due by 8/25/2020.(HEWEY, MELISSA) Modified on 8/11/2020 to remove the terminated parties as filers (lrt) Related: [-]
		Att: 1 Declaration of Jessica Garretson
Tuesday, July 28, 2020
27		27 motion Reconsideration Tue 07/28 1:48 PM MOTION for Reconsideration re21 Order on Motion to Dismiss by MESENIA GUZMAN, THOMAS KLOS Responses due by 8/18/2020.(lrt) Related: [-]
		Att: 1 Envelope 1,
		Att: 2 Copy of Motion for Reconsideration,
		Att: 3 Envelope for Copy of Motion for Reconsideration
Monday, July 27, 2020
26		26 order Scheduling Order-IDEA Cases Mon 07/27 4:28 PM Scheduling Order-IDEA Cases (The briefing schedule shall be set in accordance with the attached Order) Administrative Record due by 8/24/2020. Any motion to supplement the record due by 9/23/2020. By MAGISTRATE JUDGE JOHN H. RICH III. (lrt) Related: [-]
Friday, July 24, 2020
25		25 order Order Fri 07/24 9:18 PM ORDER re23 Procedural Order Re IDEA Initial Conference. On July 24, 2020, pursuant to Local Rule 16.3(e), I held a scheduling teleconference with plaintiffs Klos and Guzman, appearing pro se , and Attorneys Ekman and Hewey for the sole remaining defendant in this case, Maine School Administrative District 13. The parties agreed that if no motion to supplement the record is filed, the case should proceed on the standard IDEA scheduling track, except that the plaintiffs shall have 15, rather than 14, days to file any reply brief, and, if a motion to supplement the record is filed, the parties shall meet and confer to attempt to agree on further deadlines and the court shall convene a follow-up scheduling teleconference. The court shall issue an IDEA scheduling order consistent herewith. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) Related: [-]
24		24 minutes Conference of Counsel Fri 07/24 9:13 PM Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Conference held re: initial scheduling conference pursuant to Loc. R. 16.3(e) with Thomas Klos and Mesenia Guzman, pro se , and Attorneys Hewey and Ekman; docket order and IDEA scheduling order to follow. (Court Reporter: Tammy Martell) (RICH III, JOHN) Related: [-]
Monday, July 13, 2020
23		23 order Procedural Order Re: IDEA Initial Conference Mon 07/13 3:55 PM PROCEDURAL ORDER Re IDEA Initial Conference: IDEA Initial Conference set for 7/24/2020 01:00 PM before MAGISTRATE JUDGE JOHN H. RICH III. By Nicholas R. Gordon, Deputy Clerk.(nrg) Related: [-]
		Att: 1 NOTICE RE: TELEPHONE AND VIDEO HEARINGS
Monday, July 06, 2020
22		22 answer Answer to Complaint Mon 07/06 2:51 PM ANSWER to1 Complaint, by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13.(HEWEY, MELISSA) Related: [-]
Friday, June 19, 2020
21		21 2 pgs order Order on Motion to Dismiss for Failure to State a Claim Fri 06/19 11:32 AM ORDER ON MOTIONS TO DISMISS granting without objection18 ,19 and20 Motions to Dismiss for Failure to State a Claim By JUDGE GEORGE Z. SINGAL. (tcs) Related: [-]
		utility Set/Reset Answer Deadline Fri 06/19 11:55 AM Set Answer Deadline for Maine School Administrative District 13 : Answer due by 7/6/2020. (tcs) Related: [-]
Friday, May 15, 2020
20		20 motion Dismiss for Failure to State a Claim Fri 05/15 3:15 PM MOTION to Dismiss for Failure to State a Claim by MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 Responses due by 6/5/2020. (HEWEY, MELISSA) Modified on 5/15/2020 to remove "with Incorporated Memorandum of Law" (tcs) Related: [-]
19		19 motion Dismiss for Failure to State a Claim Fri 05/15 3:14 PM MOTION to Dismiss for Failure to State a Claim by WENDY BELANGER, EDWARD FERREIRA, SAMUEL "LEE" HARPER, ERIC HERLAN, LEO HILL, MARY KENNEDY, HANNAH KING, MELISSA LYONS-VITALONE, VIRGINIA REBAR, PENELOPE WHEELER-ABBOTT Responses due by 6/5/2020. (HEWEY, MELISSA) Modified on 5/15/2020 to remove "with Incorporated Memorandum of Law" (tcs) Related: [-]
18		18 motion Dismiss for Failure to State a Claim Fri 05/15 2:35 PM MOTION to Dismiss for Failure to State a Claim by DAN CHUHTA, MELANIE FRAZEK, ROBERT G HASSON, JR, MAINE DEPARTMENT OF EDUCATION, PENDER MAKIN, JEANETTE SEDGWICK, DAVID WEBB Responses due by 6/5/2020. (FORSTER, SARAH) Related: [-]
Thursday, May 14, 2020
17		17 notice Notice of Appearance Thu 05/14 2:34 PM NOTICE of Appearance by ISABEL EKMAN on behalf of WENDY BELANGER, EDWARD FERREIRA, SAMUEL "LEE" HARPER, ERIC HERLAN, LEO HILL, MARY KENNEDY, HANNAH KING, MELISSA LYONS-VITALONE, MAINE SCHOOL ADMINISTRATIVE DISTRICT 13, VIRGINIA REBAR, PENELOPE WHEELER-ABBOTT (EKMAN, ISABEL) Related: [-]
Tuesday, April 14, 2020
16		16 misc Letter Tue 04/14 2:20 PM LETTER from Clerk's Office providing Information for Pro Se Parties handout. (bfa) Related: [-]
Wednesday, April 08, 2020
15		15 notice Notice of Appearance Wed 04/08 10:31 AM NOTICE of Appearance by JEANA M. MCCORMICK on behalf of WENDY BELANGER, EDWARD FERREIRA, SAMUEL "LEE" HARPER, ERIC HERLAN, LEO HILL, MARY KENNEDY, HANNAH KING, MELISSA LYONS-VITALONE, MAINE SCHOOL ADMINISTRATIVE DISTRICT 13, VIRGINIA REBAR, PENELOPE WHEELER-ABBOTT (MCCORMICK, JEANA) Related: [-]
14		14 notice Notice of Appearance Wed 04/08 10:28 AM NOTICE of Appearance by MELISSA A. HEWEY on behalf of MAINE SCHOOL ADMINISTRATIVE DISTRICT 13 (HEWEY, MELISSA) Related: [-]
Thursday, April 02, 2020
13		13 notice Notice of Appearance Thu 04/02 1:30 PM NOTICE of Appearance by SARAH A. FORSTER on behalf of DAN CHUHTA, MELANIE FRAZEK, ROBERT G HASSON, JR, MAINE DEPARTMENT OF EDUCATION, PENDER MAKIN, JEANETTE SEDGWICK, DAVID WEBB (FORSTER, SARAH) Related: [-]
Tuesday, March 31, 2020
12		12 notice Notice of Appearance Tue 03/31 9:33 AM NOTICE of Appearance by MELISSA A. HEWEY on behalf of WENDY BELANGER, EDWARD FERREIRA, SAMUEL "LEE" HARPER, ERIC HERLAN, LEO HILL, MARY KENNEDY, HANNAH KING, MELISSA LYONS-VITALONE, VIRGINIA REBAR, PENELOPE WHEELER-ABBOTT (HEWEY, MELISSA) Related: [-]
Friday, March 20, 2020
		utility Set/Reset Deadlines Fri 03/20 8:21 AM Reset Deadlines : per General Order 2020-2 issued by Chief Judge Jon D. Levy on 3/18/2020(Service of Process Deadline 5/22/2020) (lrc) Related: [-]
Tuesday, March 17, 2020
		misc USM Service Form Tue 03/17 12:30 PM USM Service Form 285 and appropriate Service Documents completed and given to the U.S. Marshal Service along with a copy of the Complaint and Order Directing Service. (nrg) Related: [-]
Monday, March 16, 2020
11		11 order Order on Order to Show Cause Mon 03/16 4:21 PM ORDER terminating9 Order to Show Cause. See ECF No. 10. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) Related: [-]
10		10 respoth Response to Order to Show Cause Mon 03/16 3:08 PM RESPONSE TO9 ORDER TO SHOW CAUSE - Notice of Defendant Addresses filed by THOMAS KLOS.(lrc) Related: [-]
		Att: 1 Envelope
Thursday, March 05, 2020
9		9 1 pgs motion Order to Show Cause Fri 03/06 11:08 AM ORDER TO SHOW CAUSE Show Cause Response due by 3/19/2020. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) Related: [-]
Thursday, January 23, 2020
8		8 order Order for Service Thu 01/23 3:36 PM ORDER FOR SERVICE: The plaintiff is directed to provide the full name(s) and address(es) for the defendant(s). After the plaintiff has done so, the Clerk is directed to prepare the necessary documents for service by the U.S. Marshal. The U.S. Marshal may attempt service by waivers in the first instance. If no waiver(s) is/are timely returned, the Clerk is directed to prepare summons(es) for service in hand by the U.S. Marshal. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) Related: [-]
7		7 1 pgs order Order on Report and Recommendations Thu 01/23 8:55 AM ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE5 . By JUDGE GEORGE Z. SINGAL. (MSH) Related: [-]
		utility Set/Reset Deadlines Thu 01/23 10:31 AM Reset Deadlines per Order Affirming the Recommended Decision of the Magistrate Judge entered this date: (Service of Process Deadline 4/22/2020) (lrc) Related: [-]
Friday, December 27, 2019
6		6 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 12/27 3:31 PM ORDER granting4 Motion for Leave to Proceed in forma pauperis. No document is attached. To view the order, see ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND RECOMMENDED DECISION ON 28 U.S.C. � 1915(e)(2) REVIEW By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) Related: [-]
5		5 motion Report and Recommended Decision Fri 12/27 3:30 PM ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND RECOMMENDED DECISION ON 28 U.S.C. � 1915(e)(2) REVIEW re1 Complaint, filed by MESENIA GUZMAN, THOMAS KLOS Objections to R&R due by 1/10/2020 By MAGISTRATE JUDGE JOHN H. RICH III. (lrc) Related: [-]
Monday, August 12, 2019
4		4 motion Proceed In Forma Pauperis Tue 08/13 4:38 PM MOTION for Leave to Proceed in forma pauperis by THOMAS KLOS (sfw) Related: [-]
3		3 notice Notice of Appearance Pro Se Tue 08/13 4:38 PM NOTICE of Pro Se Appearance form filed by THOMAS KLOS (sfw) Related: [-]
2		2 misc Civil Cover Sheet Tue 08/13 4:37 PM CIVIL COVER SHEET. (sfw) Related: [-]
1		1 24 pgs cmp Complaint Tue 08/13 4:36 PM COMPLAINT against WENDY BELANGER, DAN CHUHTA, EDWARD FERREIRA, MELANIE FRAZEK, SAMUEL "LEE" HARPER, ROBERT G HASSON, JR, ERIC HERLAN, LEO HILL, MARY KENNEDY, HANNAH KING, MELISSA LYONS-VITALONE, MAINE DEPARTMENT OF EDUCATION, MAINE SCHOOL ADMINISTRATIVE DISTRICT 13, PENDER MAKIN, VIRGINIA REBAR, JEANETTE SEDGWICK, DAVID WEBB, PENELOPE WHEELER-ABBOTT with Jury Demand, filed by MESENIA GUZMAN, THOMAS KLOS. (Service of Process Deadline 11/12/2019)(sfw) Related: [-]

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