N. et al

Filing 38

PROCEDURAL ORDER re June 30 hearing. Parties to file supplemental briefing on issues outlined by June 28, 2011. Limited to 15 pages each excluding exhibits (if any). Requests for extensions as outlined. So Ordered by Judge Joseph N. Laplante. (jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Mr. & Mrs. N., Individually and
as Parents of T.N.
v.

Civil No. 10-cv-373-JL

North Hampton School District,
Karen Frisbie, Peter Sweet, and
Jeanne Kincaid
PROCEDURAL ORDER
This court has undertaken active consideration of the
defendants’ pending motions to dismiss or remand and has
scheduled oral argument for June 30, 2011.

To assist the court

in preparing for oral argument, the parties shall submit
supplemental briefs on the following two issues by June 28, 2011:
•

whether plaintiffs’ claim under the Individuals with
Disabilities Education Act (count 1) is moot and, if not,
what relief could be awarded to plaintiffs if they proved
that claim (citing examples of analogous cases, if any, in
which such relief has been awarded); and

•

whether plaintiffs’ retaliation claims under the
Rehabilitation Act (count 2) and 42 U.S.C. § 1983 (count 3)
fail to state a claim, see Fed. R. Civ. P. 12(b)(6), because
the alleged retaliatory acts were de minimis or not
materially adverse to plaintiffs.

The supplemental briefs shall be limited to 15 pages each,
excluding exhibits (if any).

The parties need not address issues

or reiterate arguments that have already been addressed or made
in their briefing to date.
If the parties wish to extend the deadline for filing the
supplemental briefs, they need only notify this court of an
agreed-upon extension (or, if an agreement cannot be reached,

either party may move this court for an extension).

In the event

of an extension, oral argument would also be postponed until
after the briefing deadline.

SO ORDERED.

Joseph N. Laplante
United States District Judge
Dated:
cc:

June 21, 2011

Jennifer A. Eber, Esq.
Richard L. O’Meara, Esq.
Alison M. Minutelli, Esq.
Dean B. Eggert, Esq.
Melissa A. Hewey, Esq.