ROE v. BAKER

CIVIL ACTION NO. 21-11751-RGS.

624 F.Supp.3d 52 (2022)

Nancy ROE, Individually and as Parent and Natural Guardian of A.R.; Amy Maranville, Individually and as Parent and Natural Guardian of P.M.; Maria Popova, Individually and as Parent and Natural Guardian of S.P.; on behalf of themselves and others similarly situated, v. Charles BAKER in his official capacity as Governor of Massachusetts; Massachusetts Department of Elementary and Secondary Education; Brookline Public Schools; Somerville Public Schools; Wellesley Public Schools; Jeffrey C. Riley, in his official capacity as the Commissioner of Schools; James Marini, in his official capacity as the Superintendent of Brookline Public Schools; Mary Skipper, in her official capacity as the Superintendent of Somerville Public Schools; and David Lussier, in his official capacity as the Superintendent of Wellesley Public Schools.

United States District Court, D. Massachusetts.

Signed August 31, 2022.


Attorney(s) appearing for the Case

Nakul Havnurkar , NMH Legal, Boston, MA, Rory Jude Bellantoni , Brain Injury Rights Group, New York, NY, for Nancy Roe, Amy Maranville, Maria Popova.

Carlos Eduardo Cousins , Office of Attorney General Maura Healey, Boston, MA, Daniel J. Hammond , Attorney General's Office, Boston, MA, for Charles Duane Baker, Jr., Department of Elementary & Secondary Education, Jeffrey C. Riley.

John M. Simon , Justin R. Gomes , Stoneman, Chandler & Miller, LLP, Boston, MA, for Brookline Public Schools, Dr. James Marini.

Elizabeth F. Toner , Joshua R. Coleman , Murphy, Lamere & Murphy, P.C., Braintree, MA, for Somerville Public Schools, Mary E. Skipper.

Seth B. Barnett , Pierce Davis & Perritano LLP, Boston, MA, for Wellesley Public Schools, Dr. David Lussier.


MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION and DEFENDANTS' MOTIONS TO DISMISS

Plaintiffs — the parents and guardians of three pupils with disabilities — allege that their children were denied a free appropriate public education (FAPE) when, in response to the COVID-19 pandemic...

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