Lubbock-Cooper Independent School District v. BBEDA93, et al

Federal Civil Lawsuit Texas Northern District Court, Case No. 5:17-cv-00202
District Judge Sam R Cummings, presiding
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District Judge Sam R Cummings
Last Updated July 29, 2025 at 6:46 PM EDT (11.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [324D678], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Abraham Frederic Barker
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
Space Ann Manning
Space Jennifer Powell
Space Deirdre Kelly Trotter
No Logo Lubbock-Cooper Independent School District, Plaintiff

Represented by Bustos Law Firm PC

Name Phone Fax E-Mail
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
Space Deirdre Kelly Trotter

Represented by Nathan Ziegler & Associates

Name Phone Fax E-Mail
Space Aaron Michael Pier +1 806 780 3976 +1 806 780 3800 apier@bustoslawfirm.com

Represented by Schwartz & Eichelbaum Wardell Mehl & Hansen PC

Name Phone Fax E-Mail
Space Abraham F. Barker +1 512 476 9944 afb@edlaw.com
Space Jennifer A. Powell +1 512 476 9944 +1 512 472 2599 jpowell@edlaw.com
Space Holly Boyd Wardell +1 512 476 9944 + 512 472 2599 hwardell@edlaw.com

Represented by Underwood Law Firm

Name Phone Fax E-Mail
Space Ann Manning +1 806 793 1711 +1 806 793 1723 ann.manning@uwlaw.com
No Logo Anonymized Party [3574FB3], Counter-Claimant

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
No Logo Anonymized Party [800AC8B], Counter-Claimant

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
No Logo Anonymized Party [B776E94], Counter-Claimant

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
No Logo Anonymized Party [BBEDA93], Counter-Claimant

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
No Logo Christopher Dennis, Counter-Claimant

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
No Logo Sherri Dennis, Counter-Claimant

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
v.
No Logo Anonymized Party [B776E94], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Yvonnilda Garza Muniz ygmuniz@outlook.com

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
No Logo Christopher Dennis, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Elizabeth Angelone
Space Catherine M Michael

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com
No Logo Sherri Dennis, Defendant

Represented by cmklawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Sonja Darling Kerr sonja@cmklawfirm.com

Represented by cuddylawfirm.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Elizabeth Ann Angelone Eangelone@cuddylawfirm.com

Represented by Hollingsworth & Zivitz PC

Name Phone Fax E-Mail
Space Catherine M Michael cmichael@hzlegal.com
No Logo Anonymized Party [324D678], Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Abraham Frederic Barker
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
Space Ann Manning
Space Jennifer Powell
Space Deirdre Kelly Trotter
No Logo Lubbock-Cooper Independent School District, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Abraham Frederic Barker
Space Abraham Frederic Barker
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
Space Ann Manning
Space Ann Manning
Space Jennifer Powell
Space Deirdre Kelly Trotter
Space Holly B Wardell
Space Holly B Wardell

Represented by Law Offices of Fernando M. Bustos, PC

Name Phone Fax E-Mail
Space Aaron Michael Pier +1 806 780 3976 +1 806 780 3800 apier@bustoslawfirm.com
Space Aaron Michael Pier +1 806 780 3976 +1 806 780 3800 apier@bustoslawfirm.com
Other Parties
No Logo Anonymized Party [D77E62E], Movant

Represented by Office of the Texas Attorney General

Name Phone Fax E-Mail
Space Karen Lynn Watkins karen.watkins@oag.texas.gov
No Logo The Cuddy Law Firm, PLLC, Intervenor

Represented by Brian O'Toole, PC

Name Phone Fax E-Mail
Space Brian Joseph O'Toole +1 512 439 2173 +1 512 279 7873 botoole@otoole-atwell.com
Attributes
Nature of Suit 446 - Civil Rights: Americans with Disabilities Act - Other
Cause Section 20 U.S.C. § 1400 Civil Rights of Handicapped Child
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 131 Filed: 11/7/2019, Entered: 11/7/2019
SATISFACTION OF JUDGMENT filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.). (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 130 Filed: 9/26/2019, Entered: 9/27/2019
ORDER of USCA as to 125 Notice of Appeal filed by Lubbock-Cooper Independent School District. Under Fed. R. App. P. 42(b), the appeal is dismissed as of September 26, 2019, pursuant to appellant's motion. (Attachments: # 1 USCA Letter) (bdg)
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Sealed Legal Document  Filed: 9/13/2019, Entered: 9/13/2019
Record on Appeal for USCA5 19-10866 (related to 125 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified from 5:17-CV-202 and 1 ECF electronic record on appeal (eROA) is certified from 5:17-CV-200, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 66, 98, 121, 128 (Sealed Exhibits) (circuit approval is required for access). PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (bdg)
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Legal Document (Payment Possibly Required) 129 Filed: 8/23/2019, Entered: 8/23/2019 Court Filing
ORDER granting 127 Motion for Leave to File Under Seal Plaintiff's Exhibits Admitted During the September 26, 2017 Hearing on Plaintiff's Motion for Preliminary Injunction. (Ordered by Senior Judge Sam R Cummings on 8/23/2019) (bdg)
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Sealed Legal Document 128 Filed: 8/22/2019, Entered: 8/22/2019
(Document Restricted) Sealed Appendix in Support re: 127 Motion for Leave to File (Sealed pursuant to order dated 8/23/2019) filed by Lubbock-Cooper Independent School District (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 127 Filed: 8/22/2019, Entered: 8/22/2019
MOTION for Leave to File Under Seal Plaintiff's Exhibits Admitted During the September 26, 2017 Hearing on Plaintiff's Motion for Preliminary Injunction filed by Lubbock-Cooper Independent School District (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 126 Filed: 8/7/2019, Entered: 8/7/2019
Transcript Order Form: re 125 Notice of Appeal transcript requested by Lubbock-Cooper Independent School District (Court Reporter: Stacy Morrison.) TRANSCRIPT IS ALREADY ON FILE IN THE CLERK'S OFFICE. Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. Reminder to appellant: this document must also be filed with the appeals court. (Bustos, Fernando) Modified text on 8/8/2019 (bdg).
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Blank  Filed: 8/7/2019, Entered: 8/7/2019
USCA Case Number 19-10866 in USCA Fifth Circuit for 125 Notice of Appeal filed by Lubbock-Cooper Independent School District. (bdg)
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Legal Document (Payment Possibly Required) 125 Filed: 7/29/2019, Entered: 7/29/2019
NOTICE OF APPEAL as to 110 Judgment,, to the Fifth Circuit by Lubbock-Cooper Independent School District. Filing fee $505, receipt number 0539-10150096. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 124 Filed: 7/12/2019, Entered: 7/12/2019
NOTICE of Change of Address for Attorney Sonja Darling Kerr on behalf of 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.). (Filer confirms contact info in ECF is current.) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 123 Filed: 6/28/2019, Entered: 6/28/2019 Court Filing
ORDER denying 113 Motion to Alter Judgment; denying 113 Motion to Amend Judgment Pursuant to Federal Rule of Civil Procedure 59(e). (Ordered by Senior Judge Sam R Cummings on 6/28/2019) (bdg)
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Legal Document (Payment Possibly Required) 122 Filed: 6/28/2019, Entered: 6/28/2019 Court Filing
ORDER denying without prejudice to re-filing at the proper time 112 Motion to Reduce or Deny Costs in Response to Plaintiff Lubbock-Cooper Independent School District's Bill of Costs. (Ordered by Senior Judge Sam R Cummings on 6/28/2019) (bdg)
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Sealed Legal Document 121 Filed: 5/2/2019, Entered: 5/2/2019
(Document Restricted) Sealed Sur-reply re: 117 Motion for Leave to File (Sealed pursuant to order dated 10/15/2018) filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) (Attachments: # 1 Proposed Order) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 120 Filed: 4/18/2019, Entered: 4/18/2019
REPLY filed by Lubbock-Cooper Independent School District re: 113 MOTION to Alter Judgment MOTION to Amend/Correct 110 Judgment,, (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 119 Filed: 4/18/2019, Entered: 4/18/2019 Court Filing
ORDER granting 117 Motion for Leave to File Reply Brief in Support of Plaintiff's Motion to Alter or Amend Judgment and Motion for Expedited Review. (The requesting party must file the document with the clerk.) Reply Brief in Support is due no later than 5:00 p.m. on 4/18/2019. If so desired, Defendants may file a Sur-Reply by no later than 5:00 p.m. on May 2, 2019. (Ordered by Senior Judge Sam R Cummings on 4/18/2019) (bdg)
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Legal Document (Payment Possibly Required) 118 Filed: 4/17/2019, Entered: 4/17/2019
Appendix in Support filed by Lubbock-Cooper Independent School District re 117 MOTION for Leave to File Reply in Support of Its Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(e) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 117 Filed: 4/17/2019, Entered: 4/17/2019
MOTION for Leave to File Reply in Support of Its Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(e) filed by Lubbock-Cooper Independent School District with Brief/Memorandum in Support. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 116 Filed: 4/11/2019, Entered: 4/11/2019
RESPONSE filed by Lubbock-Cooper Independent School District re: 112 MOTION Reduce or Deny Costs re 111 Bill of Costs (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 115 Filed: 4/4/2019, Entered: 4/4/2019
RESPONSE AND OBJECTION filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) re: 113 MOTION to Alter Judgment MOTION to Amend/Correct 110 Judgment,, (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 114 Filed: 3/28/2019, Entered: 3/28/2019
Appendix in Support filed by Lubbock-Cooper Independent School District re 113 MOTION to Alter Judgment MOTION to Amend/Correct 110 Judgment,, (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 113 Filed: 3/28/2019, Entered: 3/28/2019
MOTION to Alter Judgment , MOTION to Amend/Correct 110 Judgment,, () filed by Lubbock-Cooper Independent School District with Brief/Memorandum in Support. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 112 Filed: 3/22/2019, Entered: 3/22/2019
MOTION Reduce or Deny Costs re 111 Bill of Costs filed by B776E94 or 3574FB3.(a minor), L. D., BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 111 Filed: 3/15/2019, Entered: 3/15/2019
BILL OF COSTS by All Plaintiffs. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 110 Filed: 3/1/2019, Entered: 3/1/2019 Court Filing
JUDGMENT in favor of Lubbock-Cooper Independent School District, 324D678 against BBEDA93, 3574FB3 or B776E94 or B776E94, 800AC8B. It is ordered, adjudged, and decreed that the Decision of the Hearing Officer is VACATED. Defendants shall take $8,006.00 as an award for the reimbursement of costs in securing professional services in the development of Defendant L.D.'s Individualized Educational Plan. Defendants shall take nothing on their claims for attorney's fees or monetary remedies previously awarded in the Decision of the Hearing Officer. (Ordered by Senior Judge Sam R Cummings on 3/1/2019) (bdg)
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Legal Document (Payment Possibly Required) 109 Filed: 3/1/2019, Entered: 3/1/2019 Court Filing
ORDER denied as moot 58 Motion to Intervene; denied as moot 61 Motion for Attorney Fees; denying 62 Motion for Summary Judgment; granting 64 Motion for Summary Judgment. As such, the Decision of the Hearing Officer is VACATED and judgment will be entered in accordance with this Order. (Ordered by Senior Judge Sam R Cummings on 3/1/2019) (bdg)
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Legal Document (Payment Possibly Required) 108 Filed: 2/12/2019, Entered: 2/12/2019
AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action served on Elizabeth Angelone, Corporate Representative for Cuddy Law Firm, PLLC on February 7, 2019. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 107 Filed: 2/11/2019, Entered: 2/11/2019
AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action served on Idris Motiwala on January 24, 2019. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 106 Filed: 2/7/2019, Entered: 2/7/2019
AFFIDAVIT of Service for Subpoena to Produce Documents served on Hollingsworth & Zivitz, P.C. on June 5, 2018. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 105 Filed: 2/7/2019, Entered: 2/7/2019
AFFIDAVIT of Service for Subpoena to Produce Documents served on Cuddy Law Firm on May 25, 2018. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 104 Filed: 2/7/2019, Entered: 2/7/2019
AFFIDAVIT of Service for Subpoena to Produce Documents served on Kerr Law, PLLC on June 5, 2018. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 103 Filed: 2/1/2019, Entered: 2/1/2019
AFFIDAVIT of Service for Subpoena to Testify at Deposition served on Idris Motiwala on 01/24/2019. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 102 Filed: 1/23/2019, Entered: 1/23/2019 Court Filing
ORDER granting 100 Motion to Vacate and Reset Trial Date. The trial setting in the civil action of March 4, 2019, is hereby VACATED. The Court ORDERS that the trial date be rescheduled to 4/1/2019 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 1/23/2019) (bdg)
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Legal Document (Payment Possibly Required) 101 Filed: 1/22/2019, Entered: 1/22/2019 Court Filing
ORDER granting 99 Application for Admission Pro Hac Vice of Yvonnilda Muniz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 1/22/2019) (bdg)
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Legal Document (Payment Possibly Required) 100 Filed: 1/20/2019, Entered: 1/20/2019
MOTION to Vacate and Reset Trial Date re 32 Scheduling Order filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.), 800AC8B with Brief in Support. (Attachments: # 1 Proposed Order) (Kerr, Sonja) Modified text on 1/22/2019 (bdg).
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Legal Document (Payment Possibly Required) 99 Filed: 1/18/2019, Entered: 1/18/2019
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9718883) filed by 3574FB3 or B776E94 or B776E94. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Certificate of Good Standing, # 3 Exhibit(s) Order re Motion for Leave to Proceed Without Local Counsel)Attorney Yvonnilda Garza Muniz added to party 3574FB3 or B776E94 or B776E94.(pty:dft) (Muniz, Yvonnilda)
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Sealed Legal Document 98 Filed: 12/31/2018, Entered: 12/31/2018
(Document Restricted) Sealed Sur-reply re: Order Setting Deadline/Hearing (Sealed pursuant to order dated 10/16/2018) filed by 3574FB3 or B776E94 or B776E94.(a minor), B776E94 or 3574FB3, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) (Attachments: # 1 Affidavit(s) Kerr Declaration, # 2 Exhibit(s) In Re Relator, # 3 Exhibit(s) Vacating Order, # 4 Declaration(s) With Email Agreement, # 5 Declaration(s) Morrison with Psychological Evaluation) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 97 Filed: 12/31/2018, Entered: 12/31/2018
Sur-reply filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) re: 95 MOTION Corrected Motion re 92 MOTION to Strike 86 Appendix in Support, MOTION to StayMOTION for Leave to File, 93 Brief/Memorandum in Support of Motion,, (Attachments: # 1 Proposed Order) (Kerr, Sonja)
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Blank  Filed: 12/19/2018, Entered: 12/19/2018
ORDER: Defendants shall file their sur-reply no later than by 3:00 p.m. on 12/31/2018. ***SEE DOC. NO. 96 FOR IMAGE*** (Ordered by Senior Judge Sam R Cummings on 12/19/2018) (bdg)
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Legal Document (Payment Possibly Required) 96 Filed: 12/19/2018, Entered: 12/19/2018 Court Filing
ORDER: The Court, having considered Defendants' Motion for Leave to Respond or File a Sur-Reply concerning Plaintiffs' Reply in Support, filed December 17, 2018, is of the opinion Defendants shall be GRANTED leave to file a sur-reply. Accordingly, Defendants shall file their sur-reply no later than by 3:00 p.m. on December 31, 2018. Further, as Defendants have been granted leave to file a sur-reply, the Court ORDERS that Defendants' Motion to Strike or, in the alternative, to Stay Consideration, filed on even date, be DENIED AS MOOT. (Ordered by Senior Judge Sam R Cummings on 12/19/2018) (bdg)
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Legal Document (Payment Possibly Required) 95 Filed: 12/17/2018, Entered: 12/17/2018
Corrected MOTION to Strike or in the Alternative to Stay Consideration or to Permit Sur-Reply 86 Appendix in Support filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.), 800AC8B (Attachments: # 1 Proposed Order) (Kerr, Sonja) Modified text on 12/18/2018 (bdg).
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Legal Document (Payment Possibly Required) 94 Filed: 12/17/2018, Entered: 12/17/2018
MOTION for Leave to Respond or File a Sur-Reply Concerning Plaintiffs' Informal Motion Asking the Court to Strike or Disregard Certain Evidence re 86 Appendix in Support, filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s), # 2 Affidavit(s), # 3 Proposed Order) (Kerr, Sonja) Modified text on 12/18/2018 (bdg).
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Legal Document (Payment Possibly Required) 93 Filed: 12/17/2018, Entered: 12/17/2018
Brief in Support of Motion to Strike Unplead Affirmative Defense by Reference to 286th Judicial District Order on Appeal or in the Alternative to Stay Consideration of it until the court of Appeals Rules or to Permit Sur-Reply filed by 3574FB3 or B776E94 or B776E94.(a minor), L. D., BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) re 92 MOTION to Strike 86 Appendix in Support. (Attachments: # 1 Affidavit(s), # 2 Affidavit(s), # 3 Exhibit(s), # 4 Exhibit(s)) (Kerr, Sonja) Modified text on 12/17/2018 (bdg).
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Legal Document (Payment Possibly Required) 92 Filed: 12/17/2018, Entered: 12/17/2018
MOTION to Strike 86 Appendix in Support or in the Alternative to Stay Consideration or to Permit Sur-Reply filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) (Attachments: # 1 Proposed Order) (Kerr, Sonja). Added MOTION to Stay Consideration and MOTION for Leave to File Sur-Reply on 12/17/2018 (bdg).
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Legal Document (Payment Possibly Required) 91 Filed: 12/11/2018, Entered: 12/11/2018 Court Filing
ORDER granting 87 Motion for Leave to Accept Reply Brief. Accordingly, Defendants' Reply shall remain docketed as document 84 . (Ordered by Senior Judge Sam R Cummings on 12/11/2018) (bmg)
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Legal Document (Payment Possibly Required) 90 Filed: 12/11/2018, Entered: 12/11/2018 Court Filing
ORDER: The Court, having considered Plaintiffs' Motion for Leave to file a Reply Brief in Support of Plaintiffs' Motion for Summary Judgment 85 , filed December 10, 2018, is of the opinion that the same should be GRANTED. Accordingly, the Clerk of the Court is hereby directed to remove the current title of Document 86 and rename said Document Plaintiff's Reply Brief and Appendix in Support of its Motion for Summary Judgment. (Ordered by Senior Judge Sam R Cummings on 12/11/2018) (bmg)
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Legal Document (Payment Possibly Required) 89 Filed: 12/11/2018, Entered: 12/11/2018 Court Filing
ORDER: Plaintiffs shall provide the Court with a courtesy copy of the Appendix in Support of Plaintiffs' Motion for Leave to File Reply Brief in Support of Plaintiffs' Motion for Summary Judgment and Motion for Expedited Review [doc 86] and all attachments on or before 3:00 p.m. on January 2, 2019. (Ordered by Senior Judge Sam R Cummings on 12/11/2018) (bdg)
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Legal Document (Payment Possibly Required) 88 Filed: 12/10/2018, Entered: 12/10/2018
NOTICE of Amended Certificate of Conference re: 85 MOTION for Leave to File Plaintiffs' Reply Brief in Support of Its Motion for Summary Judgment filed by Lubbock-Cooper Independent School District, 324D678 (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 87 Filed: 12/10/2018, Entered: 12/10/2018
MOTION Leave to Accept Reply Brief re 84 Reply, filed by B776E94 or 3574FB3.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) (Attachments: # 1 Proposed Order) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 86 Filed: 12/10/2018, Entered: 12/10/2018
PLAINTIFF'S REPLY BRIEF AND APPENDIX IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by Lubbock-Cooper Independent School District, 324D678 re 85 MOTION for Leave to File Plaintiffs' Reply Brief in Support of Its Motion for Summary Judgment and Motion for Expedited Review. (Bustos, Fernando) Modified text on 12/10/2018 (bdg). Modified text on 12/11/2018 (bmg).
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Legal Document (Payment Possibly Required) 85 Filed: 12/10/2018, Entered: 12/10/2018
MOTION for Leave to File Plaintiffs' Reply Brief in Support of Its Motion for Summary Judgment and MOTION for Expedited Review filed by Lubbock-Cooper Independent School District, 324D678. (Bustos, Fernando). Added MOTION on 12/10/2018 (bdg).
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Legal Document (Payment Possibly Required) 84 Filed: 12/10/2018, Entered: 12/10/2018
REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT filed by L. D.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.), 800AC8B re: 77 Brief/Memorandum in Support of Motion, 62 Amended MOTION for Summary Judgment (Attachments: # 1 Proposed Order) (Kerr, Sonja) Modified text on 12/10/2018 (bdg).
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Legal Document (Payment Possibly Required) 83 Filed: 12/4/2018, Entered: 12/4/2018
INTERVENOR'S DESIGNATION OF ATTORNEYS' FEES EXPERTS by The Cuddy Law Firm, PLLC. (O'Toole, Brian) Modified text on 12/6/2018 (bmg).
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Legal Document (Payment Possibly Required) 82 Filed: 11/28/2018, Entered: 11/28/2018 Court Filing
ORDER granting 79 Motion to File LR 56.4 Response Document to Accompany Defendants' Response to Plaintiffs' Motion for Summary Judgment. Defendants' Response Document is deemed timely filed. (Ordered by Senior Judge Sam R Cummings on 11/28/2018) (bdg)
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Legal Document (Payment Possibly Required) 81 Filed: 11/28/2018, Entered: 11/28/2018 Court Filing
ORDER: Defendants, Sherri D. and Christopher D., shall provide the Court with a courtesy copy of Defendants' Second Appendix in Support (attached to Doc. 75 as Exhibit 1) on or before 3:00 p.m. on 12/11/2018. (Ordered by Senior Judge Sam R Cummings on 11/28/2018) (bdg)
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Legal Document (Payment Possibly Required) 80 Filed: 11/28/2018, Entered: 11/28/2018 Court Filing
ORDER: Plaintiffs, Lubbock-Cooper Independent School District and 324D678, shall provide the Court with a courtesy copy of Plaintiffs' Appendix in Support of Plaintiffs' Brief in Support of its Response in Opposition to Defendants' Motion for Summary Judgment on or before 3:00 p.m. on 12/11/2018. (Ordered by Senior Judge Sam R Cummings on 11/28/2018) (bdg)
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Legal Document (Payment Possibly Required) 79 Filed: 11/27/2018, Entered: 11/27/2018
MOTION Leave to File Document Erroneously Omitted re 75 Response/Objection, filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) (Attachments: # 1 Proposed Amendment, # 2 Proposed Order) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 78 Filed: 11/26/2018, Entered: 11/26/2018
Appendix in Support filed by Lubbock-Cooper Independent School District, 324D678 re 76 Response/Objection, 77 Brief/Memorandum in Support of Motion Response in Opposition to Defendants' Motion for Summary Judgment (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 77 Filed: 11/26/2018, Entered: 11/26/2018
Brief/Memorandum in Support filed by Lubbock-Cooper Independent School District, 324D678 re 76 Response/Objection in Opposition to Defendants' Motion for Summary Judgment (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 76 Filed: 11/26/2018, Entered: 11/26/2018
RESPONSE filed by Lubbock-Cooper Independent School District, 324D678 re: 62 Amended MOTION for Summary Judgment (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 75 Filed: 11/26/2018, Entered: 11/26/2018
RESPONSE AND OBJECTION with Memorandum Brief filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.), 800AC8B re: 64 Plaintiffs' MOTION for Summary Judgment (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s)) (Kerr, Sonja) Modified text on 11/27/2018 (bdg).
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Legal Document (Payment Possibly Required) 74 Filed: 10/25/2018, Entered: 10/25/2018 Court Filing
ORDER striking 70 Motion for Attorney Fees; granting 72 Motion to Strike Application for Attorneys' Fees. The Clerk is ORDERED to strike the Application as prematurely filed. (Ordered by Senior Judge Sam R Cummings on 10/25/2018) (bdg)
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Legal Document (Payment Possibly Required) 73 Filed: 10/25/2018, Entered: 10/25/2018 Court Filing
ORDER granting 71 Motion to Extend Time to File Responses to Their Respective Motions for Summary Judgment. Responses due by 11/26/2018. (Ordered by Senior Judge Sam R Cummings on 10/25/2018) (bdg)
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Legal Document (Payment Possibly Required) 72 Filed: 10/24/2018, Entered: 10/24/2018
MOTION to Strike 70 MOTION for Attorney Fees Cuddy Law Firm's Conditional Application for Attorneys' Fees filed by Lubbock-Cooper Independent School District, 324D678 with Brief/Memorandum in Support. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 71 Filed: 10/24/2018, Entered: 10/24/2018
MOTION for Extension of Time to File Response/Reply to 64 MOTION for Summary Judgment , 62 Amended MOTION for Summary Judgment filed by Lubbock-Cooper Independent School District, 324D678 with Brief/Memorandum in Support. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 70 Filed: 10/18/2018, Entered: 10/18/2018
***STRICKEN PER ORDER DOC. NO. 74*** MOTION for Attorney Fees filed by The Cuddy Law Firm, PLLC with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 3-1, # 5 Exhibit(s) 4, # 6 Exhibit(s) 4-1, # 7 Exhibit(s) 5, # 8 Exhibit(s) 6, # 9 Exhibit(s) 7, # 10 Exhibit(s) 8, # 11 Exhibit(s) 9, # 12 Exhibit(s) 10, # 13 Exhibit(s) 11) (O'Toole, Brian) Modified text on 10/25/2018 (bdg).
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Legal Document (Payment Possibly Required) 69 Filed: 10/16/2018, Entered: 10/16/2018 Court Filing
ORDER granting 67 Motion for Leave to File Appendix in Support of Plaintiff's Motion for Summary Judgment Under Seal. (Ordered by Senior Judge Sam R Cummings on 10/16/2018) (bdg)
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Legal Document (Payment Possibly Required) 68 Filed: 10/16/2018, Entered: 10/16/2018 Court Filing
ORDER: Plaintiff Lubbock-Cooper ISD shall provide the Court with a courtesy copy of the Plaintiff's Appendix in Support of Motion for Summary Judgment [Doc 66] filed October 15, 2018, and all attachments1 on or before 3:00 p.m. on November 6, 2018. The courtesy copies should be delivered to the Court. (Ordered by Senior Judge Sam R Cummings on 10/16/2018) (bdg)
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Legal Document (Payment Possibly Required) 67 Filed: 10/15/2018, Entered: 10/15/2018
MOTION for Leave to File Appendix in Support of Plaintiffs' Motion for Summary Judgment Under Seal filed by Lubbock-Cooper Independent School District, 324D678 with Brief/Memorandum in Support. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 66 Filed: 10/15/2018, Entered: 10/15/2018
Appendix in Support filed by Lubbock-Cooper Independent School District, 324D678 re 65 Brief/Memorandum in Support of Motion, 64 MOTION for Summary Judgment (Attachments: # 1 Additional Page(s) Appendix Part 2) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 65 Filed: 10/15/2018, Entered: 10/15/2018
Brief/Memorandum in Support filed by Lubbock-Cooper Independent School District, 324D678 re 64 MOTION for Summary Judgment (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 64 Filed: 10/15/2018, Entered: 10/15/2018
MOTION for Summary Judgment filed by Lubbock-Cooper Independent School District, 324D678 (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 63 Filed: 10/15/2018, Entered: 10/15/2018 Court Filing
ORDER: Defendants shall provide the Court with a courtesy copy of the Defendant's Corrected Appendix in Support of Motion for Summary Judgment [Doc 62-3] filed October 14, 2018, and all attachments on or before 3:00 p.m. on November 5, 2018. The courtesy copies should be delivered to the Court. (Ordered by Senior Judge Sam R Cummings on 10/15/2018) (bdg)
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Legal Document (Payment Possibly Required) 62 Filed: 10/14/2018, Entered: 10/14/2018
Amended MOTION for Summary Judgment filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.), 800AC8B (Attachments: # 1 Defendant's Correction Brief in Support of Motion for Summary Judgment, # 2 Unreported Decision: Renee J., # 3 Defendant's Corrected Appendix, # 4 Proposed Order) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 61 Filed: 10/12/2018, Entered: 10/12/2018
MOTION for Judgment , MOTION for Attorney Fees () filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Defendant's Motion for Summary Judgment, # 2 Exhibit(s) Unreported Decision: Renee J., # 3 Appendix in Support of Defendant's Motion for Summary Judgment, # 4 Proposed Order) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 60 Filed: 9/12/2018, Entered: 9/12/2018
DEFENDANTS' Response to the Cuddy Law Firm's Opposed Motion to Intervene as a Matter of Right filed by 3574FB3 or B776E94 or B776E94.(a minor), 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93(as parents and next friends of L.D.), 800AC8B(as parents and next friends of L.D.) re 58 MOTION to Intervene (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Kerr, Sonja) Modified text on 9/13/2018 (bdg).
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Legal Document (Payment Possibly Required) 59 Filed: 9/12/2018, Entered: 9/12/2018
RESPONSE filed by Lubbock-Cooper Independent School District, 324D678 re: 58 MOTION to Intervene (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 58 Filed: 8/21/2018, Entered: 8/21/2018
OPPOSED MOTION to Intervene as a Matter of Right filed by The Cuddy Law Firm, PLLC (Attachments: # 1 Proposed Order). Party The Cuddy Law Firm, PLLC added. (O'Toole, Brian) Modified text on 8/22/2018 (bdg).
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Legal Document (Payment Possibly Required) 57 Filed: 7/27/2018, Entered: 7/27/2018 Court Filing
ORDER granting 51 Motion for Protective Order; granting 55 Motion for Leave to File Reply to Response 54. Having considered the foregoing, the Court is of the opinion that Plaintiffs' Motion for Protective Order should be GRANTED for the reasons thoroughly and persuasively set forth in Plaintiffs' Motion and Reply. Plaintiffs' Motion for Leave to File Reply Brief is GRANTED and the Reply isDEEMED FILED as of July 26, 2018. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 7/27/2018) (bmg) Modified on 7/27/2018 (bmg).
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Legal Document (Payment Possibly Required) 56 Filed: 7/26/2018, Entered: 7/26/2018
Appendix in Support filed by Lubbock-Cooper Independent School District, 324D678 re 55 MOTION for Leave to File Reply Brief in Support of Plaintiffs' Motion for Protective Order and Motion for Expedited Review (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 55 Filed: 7/26/2018, Entered: 7/26/2018
MOTION for Leave to File Reply Brief in Support of Plaintiffs' Motion for Protective Order and Motion for Expedited Review filed by Lubbock-Cooper Independent School District, 324D678 with Brief/Memorandum in Support. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 54 Filed: 7/22/2018, Entered: 7/22/2018
RESPONSE AND OBJECTION filed by 3574FB3 or B776E94 or B776E94, 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93BB(as parents and next friends of L.D.) re: 51 MOTION for Protective Order MOTION to Expedite Review (Attachments: # 1 Exhibit(s) Appendix) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 53 Filed: 7/16/2018, Entered: 7/16/2018 Court Filing
ORDER granting 51 Motion for Expedited Review. The Court will shorten the briefing schedule accordingly. It is ordered that any response to Plaintiff's Motion for Protective Order must be filed by 7/23/2018. It is further ordered that Plaintiffs need not respond to or comply with the discovery requests set forth in items A-F of Plaintiff's Motion for Protective Order until after the Court has resolve the Motion. (Ordered by Senior Judge Sam R Cummings on 7/16/2018) (bdg)
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Legal Document (Payment Possibly Required) 52 Filed: 7/13/2018, Entered: 7/13/2018
Appendix in Support filed by Lubbock-Cooper Independent School District, 324D678 re 51 MOTION for Protective Order MOTION to Expedite Review (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 51 Filed: 7/13/2018, Entered: 7/13/2018
MOTION for Protective Order and MOTION to Expedite Review filed by Lubbock-Cooper Independent School District, 324D678 with Brief/Memorandum in Support. (Bustos, Fernando) Modified text on 7/13/2018 (bdg).
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Legal Document (Payment Possibly Required) 50 Filed: 6/19/2018, Entered: 6/19/2018 Court Filing
ORDER granting 49 Motion to Substitute Attorney. Aaron Michael Pier no longer associated with this case; granting 49 Motion to Withdraw as Attorney. Attorney Aaron Michael Pier terminated. Deirdre Kelley Trotter is substituted for Plaintiffs Lubbock-Cooper Independent School District and 324D678. (Ordered by Senior Judge Sam R Cummings on 6/19/2018) (bdg)
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Legal Document (Payment Possibly Required) 49 Filed: 6/18/2018, Entered: 6/18/2018
Unopposed MOTION to Substitute Attorney, Deirdre Kelly Trotter added attorney Fernando M Bustos,Deirdre Kelly Trotter for Lubbock-Cooper Independent School District,Deirdre Kelly Trotter for Lubbock-Cooper Independent School District,Deirdre Kelly Trotter for 324D678,Deirdre Kelly Trotter for 324D678. Motion, Unopposed MOTION to Withdraw as Attorney Aaron M. Pier () filed by Lubbock-Cooper Independent School District (Bustos, Fernando)
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Blank  Filed: 6/18/2018, Entered: 6/18/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Mon Jun 18 13:00:58 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 48 Filed: 6/18/2018, Entered: 6/18/2018 Court Filing
ORDER FOR ADMISSION PRO HAC VICE granting 47 Application for Admission Pro Hac Vice of Catherine M. Michael. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sam R Cummings on 6/18/2018) (bmg) Modified on 6/18/2018 (bmg).
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Legal Document (Payment Possibly Required) 47 Filed: 6/14/2018, Entered: 6/14/2018
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Catherine M. Michael (Filing fee $25; Receipt number 0539-9254951) filed by B776E94 or 3574FB3, 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93BB(as parents and next friends of L.D.) (Attachments: # 1 Proposed Order) (Kerr, Sonja)
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Blank  Filed: 6/12/2018, Entered: 6/12/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:46. Tue Jun 12 09:52:05 CDT 2018 (crt)
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Legal Document (Payment Possibly Required) 46 Filed: 6/12/2018, Entered: 6/12/2018 Court Filing
ORDER denying 45 Application for Admission Pro Hac Vice of Catherine M. Michael. The application is denied for failure to provide a Certificate of Good Standing with the State Bar of Texas. The Applicant shall refile the Application for Admission Pro Hae Vice along with the proper paperwork. (Ordered by Senior Judge Sam R Cummings on 6/12/2018) (zzm)
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Legal Document (Payment Possibly Required) 45 Filed: 6/8/2018, Entered: 6/8/2018
Application for Admission Pro Hac Vice without Certificate of Good Standing for Attorney Catherine M. Michael (Filing fee $25; Receipt number 108767) filed by BBEDA93BB Attorney Catherine M Michael added to party BBEDA93(pty:dft), Attorney Catherine M Michael added to party 800AC8B(pty:dft) (bdg)
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Legal Document (Payment Possibly Required) 44 Filed: 4/11/2018, Entered: 4/11/2018 Court Filing
ORDER granting 43 Defendants' Unopposed Motion for Leave to Proceed without Local Counsel. Defendants' may proceed without local counsel in this civil action. (Ordered by Senior Judge Sam R. Cummings on 4/11/2018) (krd)
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Legal Document (Payment Possibly Required) 43 Filed: 4/10/2018, Entered: 4/10/2018
MOTION Unopposed-Leave to Proceed without Local Counsel filed by 3574FB3 or B776E94 or B776E94, 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93BB(as parents and next friends of L.D.) (Attachments: # 1 Proposed Order) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 42 Filed: 4/6/2018, Entered: 4/6/2018 Court Filing
ORDER granting 41 Motion to Withdraw as Attorney. Attorney Elizabeth Angelone terminated. Accordingly, Elizabeth Angelone, Devin Fletcher and the Cuddy Law Firm PLLC are WITHDRAWN as counsel for Defendants, who continue to be represented by Sonja Kerr. (Ordered by Senior Judge Sam R Cummings on 4/6/2018) (bdg)
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Legal Document (Payment Possibly Required) 41 Filed: 4/5/2018, Entered: 4/5/2018
Unopposed MOTION to Withdraw as Attorney Devin Fletcher; Elizabeth Angelone; Cuddy Law Firm, PLLC filed by 3574FB3 or B776E94 or B776E94, 3574FB3 or B776E94 or B776E94, BBEDA93, BBEDA93BB(as parents and next friends of L.D.), 800AC8B with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Fletcher, Devin)
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Legal Document (Payment Possibly Required) 40 Filed: 2/28/2018, Entered: 2/28/2018
ANSWER and Affirmative Defenses to Defendants' Counterclaims filed by Lubbock-Cooper Independent School District. Related document: 39 Answer to Amended Complaint and Counterclaim. (Barker, Abraham) Modified text on 2/28/2018 (bdg).
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Legal Document (Payment Possibly Required) 39 Filed: 2/15/2018, Entered: 2/15/2018
DEFENDANT'S ANSWER , DEFENSES, AND COUNTERCLAIMS as to 38 Amended Complaint filed by BBEDA93, BBEDA93, 3574FB3 or B776E94 or B776E94, 3574FB3 or B776E94 or B776E94, 800AC8B, 800AC8B. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against All Plaintiffs filed by BBEDA93, BBEDA93, 3574FB3 or B776E94 or B776E94, 3574FB3 or B776E94 or B776E94, 800AC8B, 800AC8B (Kerr, Sonja) Modified text on 2/15/2018 (bmg).
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Blank  Filed: 1/26/2018, Entered: 1/26/2018
***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Fri Jan 26 12:09:56 CST 2018 (crt)
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Legal Document (Payment Possibly Required) 38 Filed: 1/26/2018, Entered: 1/26/2018
FIRST AMENDED COMPLAINT against L. D., BBEDA93BB filed by 324D678 and Lubbock-Cooper Independent School District. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (bdg)
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Legal Document (Payment Possibly Required) 37 Filed: 1/26/2018, Entered: 1/26/2018 Court Filing
ORDER granting 35 Motion to Withdraw and Substitute Counsel. Ms Holly B 324D678 is WITHDRAWN as counsel of record for Plaintiff. Plaintiff continues to be represented by its remaining counsel, including Ms. Jennifer A. Powell. Granting 36 Motion for Leave to Amend Complaint to Join Party. The Clerk of the Court is directed to file Plaintiffs' First Amended Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sam R Cummings on 1/26/2018) (bdg)
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Legal Document (Payment Possibly Required) 36 Filed: 1/24/2018, Entered: 1/24/2018
MOTION to Amend/Correct 1 Complaint,,,, filed by Lubbock-Cooper Independent School District, 324D678 with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amendment Exhibit A-First Amended Complaint). Party 324D678 added.Attorney Jennifer A Powell added to party Lubbock-Cooper Independent School District(pty:pla) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 35 Filed: 1/24/2018, Entered: 1/24/2018
Unopposed MOTION to Withdraw and Substitute Counsel filed by Lubbock-Cooper Independent School District with Brief/Memorandum in Support. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 34 Filed: 11/15/2017, Entered: 11/15/2017 Court Filing
Notice of Filing of Official Electronic Transcript of Preliminary Injunction Hearing held on 9/26/2017 before Judge Sam R. Cummings. Court Reporter Stacy Morrison, Telephone number 806-672-6219. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via the court reporter or PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (274 pages) Redaction Request due 12/6/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/13/2018. (smm)
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Legal Document (Payment Possibly Required) 33 Filed: 11/2/2017, Entered: 11/2/2017 Court Filing
ORDER granting 30 Motion for Refund of Temporary Restraining Order Bond. The Court is of the opinion that the Motion should be GRANTED. The Clerk of the Court is instructed to refund Plaintiffs $1,000 cash bond. (Ordered by Senior Judge Sam R Cummings on 11/2/2017) (bmg)
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Legal Document (Payment Possibly Required) 32 Filed: 10/17/2017, Entered: 10/17/2017 Court Filing
ORDER: Amended Pleadings due by 2/16/2018. Discovery due by 2/11/2019. Joinder of Parties due by 2/16/2018. Motions due by 10/15/2018. Motions for Summary Judgment must be filed by 3:00 p.m. on 10/15/2018, Motions in limine must filed by 3:00 p.m. on 02/11/2019. (Ordered by Senior Judge Sam R Cummings on 10/17/2017) (bmg) Modified Jury Trial has been corrected to reflect 3/4/2019 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings on 1/7/2019 (bmg).
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Legal Document (Payment Possibly Required) 31 Filed: 10/10/2017, Entered: 10/10/2017
REPLY AND ANSWER to Counterclaim filed by 3574FB3 or B776E94 or B776E94, BBEDA93BB. Related document: 14 Answer to Complaint and Counterclaim. (Kerr, Sonja) Modified text on 10/11/2017 (bdg).
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Legal Document (Payment Possibly Required) 30 Filed: 10/2/2017, Entered: 10/2/2017
MOTION for Refund of Temporary Restraining Order Bond re 24 Order on Motion filed by Lubbock-Cooper Independent School District (Bustos, Fernando) Modified text on 10/2/2017 (bdg).
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Legal Document (Payment Possibly Required) 29 Filed: 9/27/2017, Entered: 9/27/2017
Administrative Record consisting of Administrative Record Part 2 (Final) Without Recordings filed by Lubbock-Cooper Independent School District. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s)) (324D678)
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Legal Document (Payment Possibly Required) 28 Filed: 9/27/2017, Entered: 9/27/2017
Administrative Record consisting of Administrative Record Part 1 Without Recordings filed by Lubbock-Cooper Independent School District. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s), # 12 Additional Page(s), # 13 Additional Page(s)) (324D678)
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Legal Document (Payment Possibly Required) 27 Filed: 9/27/2017, Entered: 9/27/2017
ALL FILINGS FROM CIVIL CASE NO. 5:17-CV-200-C: Complaint; (Attachments: # 1 Certificate of Interested Persons, # 2 Certificate of Interested Persons, # 3 Consent, # 4 Summons Issued, # 5 Summons Executed, # 6 Answer and Counterclaim, # 7 Certificate of Interested Persons, # 8 Order Consolidating) (bdg)
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Legal Document (Payment Possibly Required) 26 Filed: 9/27/2017, Entered: 9/27/2017
Court's Exhibit and Witness List from Preliminary Injunction Hearing held 09/26/2017. ALL EXHIBITS WERE RETURNED TO PARTIES. (bdg)
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Legal Document (Payment Possibly Required) 25 Filed: 9/26/2017, Entered: 9/27/2017 Court Filing
ORDER CONSOLIDATING CASES: Member case(s) 5:17-CV-200 consolidated with lead case 5:17-CV-202. All subsequent filings are to bear the number 5:17-CV-202-C and the style Lubbock-Cooper Independent School District v. 800AC8B and BBEDA93, as parents and next friends of L.D., and L.D., a minor. (Ordered by Senior Judge Sam R Cummings on 9/26/2017) (egp)
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Legal Document (Payment Possibly Required) 24 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
ORDER: Plaintiff's Application for Preliminary Injunction is DENIED based upon the Defendant's stipulation in open court that Texas state law provides for an automatic stay. Defendants' Motion to Dissolve Temporary Restraining Order, filed September 13, 2017, is likewise DENIED as moot. The Court's Temporary Restraining Order of August 31, 2017, is VACATED. (Ordered by Senior Judge Sam R Cummings on 9/26/2017) (egp)
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Blank 23 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
ELECTRONIC Minute Entry for proceedings held before Senior Judge Sam R Cummings: Preliminary Injunction Hearing held on 9/26/2017 in Hearing Room 206. Plf & Deft evidence heard by court. Court to enter order consolidating Case No. 5:17-CV-200 and 5:17-CV-202. Hearing adjourned. Attorney Appearances: Plaintiff - Fernando Bustos, 324D678, Abraham Barker; Defense - Sonja Kerr. (Court Reporter: Stacy Morrison) (Exhibits admitted - returned to party) Time in Court - 6:30. (clf)
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Legal Document (Payment Possibly Required) 22 Filed: 9/25/2017, Entered: 9/25/2017 Court Filing
ORDER granting 17 Motion for Leave of Court to Exceed Page limit. (Ordered by Senior Judge Sam R Cummings on 9/25/2017) (egp)
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Legal Document (Payment Possibly Required) 21 Filed: 9/24/2017, Entered: 9/24/2017
Appendix in Support filed by Christopher D., 3574FB3 or B776E94 or B776E94, Sherri D. re 19 Brief/Memorandum in Support of Motion, 20 Appendix in Support Appendix to Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Appendix, Pt. 2, # 2 Appendix, Pt. 3, # 3 Appendix, Pt. 4) (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 20 Filed: 9/24/2017, Entered: 9/24/2017
Appendix in Support filed by Christopher D., 3574FB3 or B776E94 or B776E94, Sherri D. re 19 Brief/Memorandum in Support of Motion Appendix in Opposition, Table of Contents (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 19 Filed: 9/24/2017, Entered: 9/24/2017
Brief/Memorandum in Support filed by Christopher D., 3574FB3 or B776E94 or B776E94, Sherri D. re 18 Brief/Memorandum in Support of Motion, Memorandum in Opposition to Plaintiff's Preliminary Injunction (Kerr, Sonja)
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Legal Document (Payment Possibly Required) 18 Filed: 9/22/2017, Entered: 9/22/2017
Brief/Memorandum in Support filed by Lubbock-Cooper Independent School District re 4 Order on Motion for TRO, 1 Complaint,,,, 10 Order Setting Deadline/Hearing, MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit(s) Appendix pages 1-251, # 2 Exhibit(s) Appendix pages 252-503, # 3 Exhibit(s) Appendix pages 504-754, # 4 Exhibit(s) Appendix pages 755-1004) (324D678)
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Legal Document (Payment Possibly Required) 17 Filed: 9/22/2017, Entered: 9/22/2017
MOTION for Leave to File Exceed Page Limit for Memorandum in Support of Request for Preliminary Injunction filed by Lubbock-Cooper Independent School District (Attachments: # 1 Proposed Order Proposed Order) (324D678)
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Legal Document (Payment Possibly Required) 16 Filed: 9/22/2017, Entered: 9/22/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Christopher D., 3574FB3 or B776E94 or B776E94, Sherri D.. (Kerr, Sonja) (Main Document 16 replaced on 9/25/2017) (egp).
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Legal Document (Payment Possibly Required) 15 Filed: 9/22/2017, Entered: 9/22/2017 Court Filing
ORDER granting 13 Motion to File Certified Administrative Record from Special Education due Process Hearing, Texas Education Agency Docket No. 157-SE-0317. The Court notes the entire record appears to be over 5,800 pages long and has only been provided to the Court in an electronic format that cannot be easily filed in the record of this case. Therefore, Plaintiff is ORDERED to file a certified copy of the administrative record in PDF format within fourteen (14) days from the date of this Order. The Clerk of the Court will retain the electronic record received form the TEA until further notice, but will not convert or upload any of those files to the docket sheet. (Ordered by Senior Judge Sam R Cummings on 9/22/2017) (bdg)
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Legal Document (Payment Possibly Required) 14 Filed: 9/21/2017, Entered: 9/21/2017
ANSWER to 1 Complaint filed by L. D., Christopher D., Sherri D.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against Lubbock-Cooper Independent School District filed by L. D., Christopher D., Sherri D. (Kerr, Sonja) Modified text on 9/22/2017 (bmg).
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Legal Document (Payment Possibly Required) 13 Filed: 9/21/2017, Entered: 9/21/2017
MOTION to File Certified Administrative Record from Special Education due Process Hearing, Texas Education Agency Docket No. 157-SE-0317 filed by Lubbock-Cooper Independent School District (Attachments: # 1 Proposed Order Proposed Order) (324D678) Modified text on 9/21/2017 (bdg).
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Legal Document (Payment Possibly Required) 12 Filed: 9/21/2017, Entered: 9/21/2017 Court Filing
ORDER granting 11 Motion to Quash Defendant's subpoena issued to D77E62E. (Ordered by Senior Judge Sam R Cummings on 9/21/2017) (bdg)
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Legal Document (Payment Possibly Required) 11 Filed: 9/20/2017, Entered: 9/20/2017
MOTION to Quash Subpoena filed by D77E62E with Brief/Memorandum in Support. Attorney Karen Lynn Watkins added to party D77E62E(pty:mov) (Watkins, Karen)
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Legal Document (Payment Possibly Required) 10 Filed: 9/20/2017, Entered: 9/20/2017 Court Filing
ORDER RESCHEDULING HEARING: Motion for Preliminary Injunction Hearing RESCHEDULED for 9/26/2017 09:00 AM before Senior Judge Sam R Cummings, in the Hearing Room 206. (Ordered by Senior Judge Sam R Cummings on 9/20/2017) (bdg)
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Legal Document (Payment Possibly Required) 9 Filed: 9/13/2017, Entered: 9/13/2017
MOTION to Dissolve Temporary Restraining Order, Deny Preliminary Injunction re 4 Temporary Restraining Order. Attachments: # 1 Declaration(s), # 2 Proposed Order, # 3 Exhibit(s) D. Ex. 1 Sanctions Order, # 4 Exhibit(s) D. Ex. 2 Hearing Officer Decision, # 5 Exhibit(s) Ex. 3 TEA Notice of Decision, # 6 Exhibit(s) D. Ex. 4 Excerpt from Hearing Transcript - May 22, 2017, # 7 Exhibit(s) D. Ex. 5 Excerpt from Hearing Transcript - June 30, 2017, # 8 Exhibit(s) D. Ex 6 Defendant Parent Affidavit, # 9 Exhibit(s) D. Ex. 7 LCISD Adopted Budget 2017-2018) (Kerr, Sonja) Modified text and linkage on 9/15/2017 (bdg).
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Legal Document (Payment Possibly Required) 8 Filed: 9/13/2017, Entered: 9/13/2017
Memorandum in Support filed by Christopher D., 3574FB3 or B776E94 or B776E94, Sherri D. re 9 Motion to Dissolve Temporary Restraining Order and in Opposition to Preliminary Injunction. (Kerr, Sonja) Modified text on 9/15/2017 (bdg).
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Legal Document (Payment Possibly Required) 7 Filed: 9/13/2017, Entered: 9/13/2017 Court Filing
ORDER RESCHEDULING HEARING: Motion for Preliminary Injunction Hearing is rescheduled for 9/26/2017 10:00 AM before Senior Judge Sam R Cummings, in Hearing Room 206, United States Courthouse, Lubbock, Texas. (Ordered by Senior Judge Sam R Cummings on 9/13/2017) (bdg)
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Legal Document (Payment Possibly Required) 6 Filed: 9/5/2017, Entered: 9/5/2017
NOTICE of BOND DEPOSIT re: 4 Order on Motion for TRO, filed by Lubbock-Cooper Independent School District (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 5 Filed: 9/1/2017, Entered: 9/1/2017
Summons Issued as to Christopher D., 3574FB3 or B776E94 or B776E94, Sherri D.. (bdg)
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Legal Document (Payment Possibly Required) 3 Filed: 9/1/2017, Entered: 9/1/2017 Court Filing
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdg)
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Blank  Filed: 8/31/2017, Entered: 9/1/2017
Motion for Preliminary Injunction Hearing set for 9/27/2017 10:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 8/31/2017) (bdg)
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Legal Document (Payment Possibly Required) 4 Filed: 8/31/2017, Entered: 9/1/2017 Court Filing
***VACATED PER ORDER - DOC. NO. 24*** TEMPORARY RESTRAINING ORDER: Granting Motion for Temporary Restraining Order. Plaintiff's Motion for Preliminary Injunction is set for hearing at 10:00 a.m. on the 27th day of September, 2017, in the United States District Court, Lubbock, Texas. The Court orders Plaintiff to post a bond in the amount of $1,000.00 to secure this Order, and this Order is not effective until this bond is posted. (Ordered by Senior Judge Sam R Cummings on 8/31/2017) (bdg) Modified on 9/27/2017 (bdg).
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Blank  Filed: 8/31/2017, Entered: 9/1/2017
MOTION for Temporary Restraining Order filed by Lubbock-Cooper Independent School District. ***SEE DOC. NO. 1 FOR IMAGE*** (bdg)
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Legal Document (Payment Possibly Required) 2 Filed: 8/31/2017, Entered: 8/31/2017
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lubbock-Cooper Independent School District. (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 1 Filed: 8/31/2017, Entered: 8/31/2017 Court Filing
COMPLAINT against All Defendants filed by Lubbock-Cooper Independent School District. (Filing fee $400; Receipt number 0539-8640552) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet Civil) (Bustos, Fernando)
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