Hidden Lake Academy replied to the lawsuit, requesting that it be dismissed by the court and filed a counterclaim claiming that the plaintiffs should be obligated to reimburse the school for losses incurred by its involvement in the lawsuit. A hearing to determine if the case qualifies as a class action lawsuit was held on January 31, 2007, and on August 15, 2007, Federal Judge William O'Kelley ruled against the plaintiffs by denying the petition for class action without prejudice. However, on September 9, 2008, Judge Kelly found that the prerequisites for a class action were met and certified the class for settlement purposes.