ROBBINS et al v. LOWER MERION SCHOOL DISTRICT et al

Filing 85

MOTION for Leave to File Supplemental Declaration filed by LOWER MERION SCHOOL DISTRICT, CHRISTOPHER W. MCGINLEY, THE BOARD OF DIRECTORS OF THE LOWER MERION SCHOOL DISTRICT.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A)(IGOE, WILLIAM)

ROBBINS et al v. LOWER MERION SCHOOL DISTRICT et al

Doc. 85

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BLAKE J. ROBBINS, et al., Plaintiffs v. LOWER MERION SCHOOL DISTRICT, et al., Defendants : Civil Action : : No. 10-665 : : Hon. Jan E. DuBois : : : : :

[PROPOSED] ORDER AND NOW, this day of 2010, upon consideration of

Defendants' Motion for Leave for Leave To Supplement Their Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and in Support of Defendants' CrossMotion for Entry of Permanent Equitable Relief and any response thereto, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the Clerk shall enter on the docket the Declaration of David A. Ebby as a supplement to Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and in Support of Defendants' Cross-Motion for Entry of Permanent Equitable Relief [Docket No. 81]. BY THE COURT:

JAN E. DUBOIS, J.

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BLAKE J. ROBBINS, et al., Plaintiffs v. LOWER MERION SCHOOL DISTRICT, et al., Defendants : Civil Action : : No. 10-665 : : Hon. Jan E. DuBois : : : : :

DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT THEIR MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND IN SUPPORT OF DEFENDANTS' CROSS-MOTION FOR ENTRY OF PERMANENT EQUITABLE RELIEF Defendants, by their undersigned counsel, hereby move for leave to file the Declaration of David A. Ebby as a supplement to their Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and in Support of Defendants' Cross-Motion for Entry of Permanent Equitable Relief [Docket No. 81]. A copy of the Declaration is attached hereto as Exhibit A. In support of this motion, Defendants rely on the accompanying memorandum.

Date: July 28, 2010

/s/ William B. Igoe Arthur Makadon Henry E. Hockeimer, Jr. Paul Lantieri III William B. Igoe Ballard Spahr LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 Tel. [phone] Fax [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants, Lower Merion School District, the Board of Directors of the Lower Merion School District, and Christopher W. McGinley

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BLAKE J. ROBBINS, et al., Plaintiffs v. LOWER MERION SCHOOL DISTRICT, et al., Defendants : Civil Action : : No. 10-665 : : Hon. Jan E. DuBois : : : : :

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT THEIR MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND IN SUPPORT OF DEFENDANTS' CROSS-MOTION FOR ENTRY OF PERMANENT EQUITABLE RELIEF On July 16, 2010, defendants, Lower Merion School District, the Board of School Directors of the Lower Merion School District, and Christopher W. McGinley (collectively, the "District"), filed a memorandum in opposition to plaintiffs' motion for class certification and in support of the District's cross-motion for entry of permanent equitable relief [Docket No. 81]. In the memorandum, the District explained that it has devoted substantial effort to developing new policies and regulations relevant to the matters at issue in the pending motions. (See Mem. at 1112. ) It also stated that the District's Board would consider such policies and regulations at its meeting of July 19, 2010. (See id.) Through this motion, the District respectfully seeks leave file the attached Declaration of David A. Ebby, President of the District's Board, regarding the status of the proposed policies and procedures.

Respectfully submitted, Date: July 28, 2010 /s/ William B. Igoe Arthur Makadon Henry E. Hockeimer, Jr. Paul Lantieri III William B. Igoe Ballard Spahr LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 Tel. [phone] Fax [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants, Lower Merion School District, the Board of Directors of the Lower Merion School District, and Christopher W. McGinley

CERTIFICATE OF SERVICE I hereby certify that on this day I caused a true and correct copy of the foregoing Defendants' Motion for Leave To Supplement Their Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and in Support of Defendants' Cross-Motion for Entry of Permanent Equitable Relief to be served upon the below-listed counsel by the means indicated below: By ECF, and such document is available for viewing and downloading from the ECF system: Mark S. Haltzman Stephen Levin Frank Schwartz Lamm Rubenstone LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 Tel. [phone] Fax [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs, Blake J. Robbins, Michael E. Robbins, and Holly S. Robbins

Larry D. Silver David E. Romine Langsam Stevens & Silver LLP 1616 Walnut St. Suite 1700 Philadelphia, PA 19103 Tel. [phone] Fax [phone] [e-mail]

Bart D. Cohen Neill W. Clark Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 Tel. [phone] [e-mail] [e-mail]

Michael J. Boni Boni & Zack LLC 15 St. Asaphs Rd. Bala Cynwyd, PA 19004 Tel. [phone] Fax [phone] [e-mail]

Thomas F. Grady Law Office of Thomas F. Grady, P.C. The Bye-Benson House 2033 Walnut Street Philadelphia, PA 19103 Tel. [phone] Fax [phone] [e-mail] Attorneys for Proposed Intervenors Colleen and Kenneth Wortley, Frances and David McComb, and Lorena Chambers

Theresa E. Loscalzo Stephen J. Schapiro Schnader Harrison Segal & Lewis LLP 1600 Market Street, Suite 3600 Philadelphia, PA 19103 Tel. [phone] Fax [phone] [e-mail] [e-mail] Attorneys for Proposed Intervenors Evan A. Neill, Richard A. Neill, and Elaine Louise Reed By e-mail and first-class mail:

Witold J. Walczak American Civil Liberties Foundation of Pennsylvania 313 Atwood Street Pittsburgh, PA 15213 Tel. [phone] Fax [phone] [e-mail]

Mary Catherine Roper American Civil Liberties Foundation of Pennsylvania P.O. Box 40008 Philadelphia, PA 19106 Tel. [phone] Fax [phone] [e-mail] Attorneys for Proposed Intervenors Evan A. Neill, Richard A. Neill, and Elaine Louise Reed

Date: July 28, 2010

/s/ William B. Igoe William B. Igoe