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Perez v. Sturgis Public Schools

Docket No. Op. Below Argument Opinion Vote Author Term
21-887 6th Cir. Jan 18, 2023
TBD TBD TBD OT 2022

Issues: (1) Whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s administrative proceedings under Section 1415(l) when such proceedings would be futile; and (2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA.

DateProceedings and Orders (key to color coding)
Oct 08 2021Application (21A74) to extend the time to file a petition for a writ of certiorari from October 27, 2021 to December 13, 2021, submitted to Justice Kavanaugh.
Oct 14 2021Application (21A74) granted by Justice Kavanaugh extending the time to file until December 13, 2021.
Dec 13 2021Petition for a writ of certiorari filed. (Response due January 14, 2022)
Jan 04 2022Brief amici curiae of Professors Mark C. Weber and Bernard P. Perlmutter filed.
Jan 12 2022Brief amici curiae of Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind filed.
Jan 12 2022Brief amici curiae of 23 Law Professors filed.
Jan 26 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 02 2022Response Requested. (Due March 4, 2022)
Feb 02 2022Motion to extend the time to file a response from March 4, 2022 to April 4, 2022, submitted to The Clerk.
Feb 04 2022Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2022.
Mar 21 2022Motion to extend the time to file a response from April 4, 2022 to May 4, 2022, submitted to The Clerk.
Mar 22 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2022.
May 04 2022Brief of respondents Sturgis Public Schools, et al. in opposition filed.
May 24 2022DISTRIBUTED for Conference of 6/9/2022.
May 24 2022Reply of petitioner Miguel Luna Perez filed. (Distributed)
Jun 13 2022DISTRIBUTED for Conference of 6/16/2022.
Jun 21 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 24 2022Brief amicus curiae of United States filed.
Sep 07 2022DISTRIBUTED for Conference of 9/28/2022.
Sep 07 2022Supplemental brief of respondents Sturgis Public Schools, et al. filed. (Distributed)
Sep 09 2022Supplemental brief of petitioner Miguel Luna Perez filed. (Distributed)
Oct 03 2022Petition GRANTED.
Oct 14 2022Blanket Consent filed by Petitioner, Miguel Luna Perez
Oct 14 2022Blanket Consent filed by Respondent, Sturgis Public Schools, et al.
Nov 09 2022Brief of petitioner Miguel Luna Perez filed.
Nov 09 2022Joint appendix filed. (Statement of costs filed)
Nov 10 2022SET FOR ARGUMENT on Wednesday, January 18, 2023.
Nov 16 2022Record requested from the U.S.C.A. 6th Circuit.
Nov 16 2022Brief amici curiae of Senator Tom Harkin, Representative Tony Coelho, Representative George Miller filed.
Nov 16 2022Brief amici curiae of The ARC of the United States, et al. filed.
Nov 16 2022Brief amici curiae of Former U.S. Department of Education Officials filed.
Nov 16 2022Brief amici curiae of Professors filed.
Nov 16 2022Brief amici curiae of Advocates for Children of New York, et al. filed.
Nov 16 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Nov 16 2022Amicus brief of United States not accepted for filing. (Brief cover to be corrected and brief reprinted and resubmitted - December 15, 2022)
Nov 16 2022Brief amicus curiae of United States filed. (Corrected brief filed - November 28, 2022). (Distributed)
Dec 07 2022CIRCULATED
Dec 09 2022Brief of respondents Sturgis Public Schools, et al. filed. (Distributed)
Dec 16 2022Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Dec 16 2022Brief amici curiae of AASA, the School Superintendents Association, et al. filed. (Distributed)
Dec 20 2022Record received from the U.S.C.A. 6th Circuit. The record was transmitted electronically.
Dec 20 2022The record from the U.S.D.C. Western District of Michigan is available on PACER.
Jan 06 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Jan 06 2023Reply of petitioner Miguel Luna Perez filed. (Distributed)
Jan 18 2023Argued. For petitioner: Roman Martinez, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C.