Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02582-RPM Document 43-3

Filed 07/25/2006

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APPEAL, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:03-cv-02582-RPM

Sytsema v. Academy School District No. 20 Assigned to: Judge Richard P. Matsch Demand: $85,000 Cause: 20:1400 Civil Rights of Handicapped Child Plaintiff Nicholas Sytsema a minor, by and through his parents other Jack Sytsema other Rebecca Sytsema

Date Filed: 12/22/2003 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

represented by Michael C. Cook Michael C. Cook, P.C. 509 North Tejon Street Colorado Springs, CO 80903 U.S.A 719-632-1222 Fax: 719-632-0974 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Colorado Springs School District No. 20 and various of its elected and appointed representatives in their official capacities TERMINATED: 10/24/2005 represented by Brent Phillip Benrud Stettner, Miller And Cohn, P.C. 1380 Lawrence Street #1000 Denver, CO 80204 U.S.A 303-534-0273 Fax: 534-5036 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert I. Cohn Stettner, Miller And Cohn, P.C. Independence Plaza 1050 Seventeenth Street #700 Denver, CO 80265-2008 U.S.A 303-534-0273 Fax: 303-534-5036 Email: [email protected]

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?323851869300966-L_923_0-1

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02582-RPM Document 43-3

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LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Academy School District No. 20 represented by Brent Phillip Benrud (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce Charles Anderson Stettner, Miller And Cohn, P.C. Independence Plaza 1050 Seventeenth Street #700 Denver, CO 80265-2008 U.S.A 303-534-0273 Fax: 303-534-5036 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert I. Cohn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/22/2003 12/22/2003 02/18/2004 02/24/2004

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Docket Text 1 COMPLAINT (Summons(es) issued) (bpm) (Entered: 12/23/2003) FILING FEE PAID: on 12/22/03 in the amount of $ 150, receipt # 248555. (bpm) (Entered: 12/23/2003) 2 ANSWER by defendant CO Springs SD No. 20 to complaint [1-1] (lam) (Entered: 02/19/2004) 3 ORDER FOR RULE 16 CONFERENCE by Judge Richard P. Matsch ; Rule 16 conference set for 2:00 4/16/04 (cc: all counsel) (dlb) (Entered: 02/26/2004) 4 COURTROOM MINUTES by Judge Richard P. Matsch ; rule 16 conf held on 4/16/04 ; entry date : 4/20/04 Court Reporter: FTR Technician Kathy Terasaki (pap) (Entered: 04/20/2004) 5 SCHEDULING ORDER Judge Richard P. Matsch; discovery complete; 1/2 day jury or court trial (cc: all counsel) (pap) (Entered: 04/20/2004) 6 CERTIFICATE OF MAILING by plaintiff Nicholas Sytsema of Instructions regarding notice of availability of Magistrate Judge to exercise jurisdiction; (pap) (Entered: 04/20/2004)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02582-RPM Document 43-3

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7 ORDER directing Administrative Law Judge to certify and deliver administrative record as set forth in this Order by Judge Richard P. Matsch (cc: all counsel) ; entry date : 4/28/04 (lam) (Text Modified on 1/20/2005 to correct spelling error) (gms, ). (Entered: 04/28/2004) 8 CERTIFICATE OF MAILING by plaintiff order [7-1] (dlb) (Entered: 05/03/2004) 9 STATUS REPORT of certified record and req for direction by plaintiff Nicholas Sytsema concerning the certification and delivery of the administrative record (lam) (Entered: 08/02/2004) 10 ORDER TO SHOW CAUSE: by Judge Richard P. Matsch returnable 9/7/04 by Administrative Law Judge Robert W. Thompson, Jr. why he should not be held in contempt and sanctioned for failure to comply with the court's orderto deliver complete administrative record (cc: all counsel) (lam) (Entered: 08/09/2004) 11 Response to ORDER to show cause by Administrative Law Judge Robert W. Thompson Jr. [10-1] (lam) (Entered: 08/11/2004) 12 ADMINISTRATIVE RECORD - Division of Administrative Hearings State of Colorado: Case No. 2003-006 In the Matter of : Nicholas Sytsema, by and through his parents Jack and Rebecca Sytsema v Colorado Spings School Dist No. 20; pleadings other documents (including a expandable file folder, 1 book and 2 videos) and 6 transcripts (placed in exhibit room) (lam) (Entered: 08/11/2004) 13 CERTIFICATE of Record by ALJ Robert W. Thompson Jr. [10-1] (lam) (Entered: 08/11/2004) 14 ORDER by Judge Richard P. Matsch upon regarding [11-1] response to order to show cause; the order to show cause is discharged [10-1] (cc: all counsel) ; entry date : 8/12/04 (lam) (Entered: 08/12/2004) 15 Opening Brief by plaintiff Nicholas Sytsema [12-1] (lam) (Entered: 10/13/2004) 16 MOTION to (Amend) Extend briefing schedule (to file response brief by 11/8/04 and reply brief by 12/10/04) re: Administrative Record[12] by Defendant Colorado Springs School District No. 20. (gms, ) (Entered: 11/12/2004) 17 MINUTE ORDER granting Defendant's [16] Motion to Extend Until 11/18/04, to file a Response and 12/10/04 to file a Reply re: Administrative Record [12]. By Judge Richard P. Matsch on 11/15/04. (lam, ) (Entered: 11/18/2004) 18 DEFENDANT'S RESPONSE BRIEF re [12] Administrative Record by Defendant Colorado Springs School District No. 20. (gms, ) (Entered: 11/23/2004) 19 Reply BRIEF by Plaintiff re: Administrative Record, [12]. (gms, ) (Entered: 12/14/2004)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02582-RPM Document 43-3

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20 MOTION to Set Matter for Oral Argument (Hearing) and Request to Confirm Completeness of Administrative Record re [12] by Plaintiff Nicholas Sytsema. (lam, ) (Modified on 10/14/2005 the motion text) (lam, ). (Entered: 01/19/2005) 21 ORDER Setting Status Conference for 11/10/2005 02:00 PM in Conference Room before Judge Richard P. Matsch for the purpose of discussing the status of the [12] Administrative Record. That all future pleadings should reflect that the defendant's correct legal name is Academy School District No. 20.Signed by Judge Richard P. Matsch on 10/24/05. (lam, ) (Entered: 10/24/2005) 22 Minute Entry for proceedings held before Judge Richard P. Matsch : Status Conference held on 11/10/2005; Counsel have 20 days to file the complete record of exhibits received in the administrative hearing and label them as referenced in briefs filed. Counsel shall also file an exhibit list identifying exhibits submitted. (Court Reporter FTR-Kathy Terasaki) (lam, ) (Entered: 11/14/2005) 23 LETTER Plaintiff's Exhibit Binder by Plaintiff Nicholas Sytsema. (Cook, Michael) (Entered: 11/22/2005) 24 LETTER by Plaintiff Nicholas Sytsema. (Attachments: # 1 Exhibit Exhibit List# 2 Exhibit Exhibit L-1)(Cook, Michael) (Entered: 12/08/2005) 25 SUPPLEMENT/AMENDMENT BRIEF re: [19],[12] by Plaintiff Nicholas Sytsema. (Attachments: # 1 IHO Decision# 2 ALJ Decision) (Cook, Michael) (Modified on 1/5/2006 to create linkage) (lam, ). (Entered: 01/04/2006) 26 Docket Annotation re: 25 Supplement/Amendment Brief. This entry was modified to create link to Docs # 12 and 19. Text only entry - no document attached. (lam, ) (Entered: 01/05/2006) 27 RESPONSE to 25 Supplement/Amendment and Defendant's Supplemental Brief [12] by Defendant Colorado Springs School District No. 20. (Cohn, Robert) (Modified on 1/18/2006 to add linkage) (lam, ). (Entered: 01/17/2006) 28 Docket Annotation re: 27 Response. This entry was modified to create linkage to related Doc. #12. Text only entry - no document attached. (lam, ) (Entered: 01/18/2006) 29 REPLY to 27 Response Brief by Plaintiff Nicholas Sytsema. (Cook, Michael) (Entered: 01/29/2006) 30 MINUTE ORDER Setting Oral Argument for 3/23/2006 10:00 AM in Courtroom A before Judge Richard P. Matsch, by Judge Richard P. Matsch on 3/1/06. (lam, ) (Entered: 03/01/2006) 31 Minute Entry - Courtroom Minutes for Oral Argument Hearing held on 3/23/2006 before Judge Richard P. Matsch. ORDERED: [12] Administrative Record is taken under-advisement, plaintiff's claim under

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02582-RPM Document 43-3

Filed 07/25/2006

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Section 504 of the Rehabilitation Act is withdrawn.(Court Reporter FTR - K. Terasaki)(rpmcd) (Entered: 03/24/2006) 06/07/2006 32 MEMORANDUM AND OPINION Plaintiffs' to have and recover from defendant the sum of $38,503.45 to reimburse them for their costs and expenses for the education of Nicholas during the 2001-02 school year. Plaintiffs' claim for reimbursment of cost and expenses for the 2002-03 school year is denied. Counsel for plaintiffs to submit by 6/30/06 claim for attorney's fees for partial recovery. Signed by Judge Richard P. Matsch on 6/7/06. (gmssl, ) (Entered: 06/07/2006) 33 JUDGMENT by Clerk. Plaintiffs shall have and recover from the defendant the sum of $38,503.45 to reimburse them for their costs and expenses for the education of Nicholas during the 2001-02 school year, together with postjudgment interest at the rate of 5.30% and costs upon the filing of a bill of costs within 10 days. Plaintiffs' claim for reimbursement of cost and expenses for the 2002-03 school year is denied. Counsel for the plaintiffs will submit on or before June 30, 2006, the claim for attorney's fees for this partial recovery in compliance with D.C.COLO.LCivR 54.3. Signed on 6/7/06. (gms, ) (Entered: 06/07/2006) 34 Mail Returned as Undeliverable re: 32 Memorandum Opinion and Order, Addressed to Brent P. Benrud. (lam, ) (Entered: 06/15/2006) 35 MOTION to Alter Judgment re 33 Clerk's Judgment,, by Plaintiff Nicholas Sytsema. (Cook, Michael) (Entered: 06/19/2006) 36 Proposed Bill of Costs by Plaintiff Nicholas Sytsema. (Cook, Michael) (Entered: 06/19/2006) 37 ORDER denying Plaintiff's 35 Motion to Alter or Amend Judgment . Signed by Judge Richard P. Matsch on 6/22/06. (gms, ) (Entered: 06/22/2006) 38 MOTION for Attorney Fees by Plaintiff Nicholas Sytsema. (Attachments: # 1 Affidavit Attorneys' Fees)(Cook, Michael) (Entered: 06/30/2006) 39 Mail Returned as Undeliverable re: 37 Order Denying Plaintiff's Motion to Alter or Amend Judgment, Addressed to Brent Phillip Benrud. (lam, ) (Entered: 07/05/2006) 40 Costs Taxed in amount of $ 2,100.15 against Defendant Academy School District No. 20 by Stipulation. (lam, ) (Entered: 07/12/2006) 41 NOTICE OF APPEAL as to 33 Clerk's Judgment,, by Plaintiff Nicholas Sytsema (Cook, Michael) (Entered: 07/24/2006) 42 BRIEF in Opposition re 38 MOTION for Attorney Fees filed by Defendant Academy School District No. 20. (Anderson, Bruce) (Entered: 07/24/2006)

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