Bialis et al v. Catalina Foothills Unified School District No. 16 et al
| Jonathan Bialis and Tiffanie Bialis |
| Catalina Foothills Unified School District No. 16, Mary Kamerzell, Doug Huie, Erin Matyjasik, Denise Bartlett and Dana Mulay |
| 4:2023cv00318 |
| July 13, 2023 |
| US District Court for the District of Arizona |
| Rosemary Marquez |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 18 ANSWER to #4 Amended Complaint by Dana Mulay.(Kramer, Clayton) |
Filing 17
ORDER - Discovery due by 6/24/2024. Dispositive motions due by 7/26/2024. Joint Proposed Pretrial Order due by 8/26/2024. Joint Settlement Status Report due by 7/8/2024 and every 60 days thereafter. (See attached Order for complete details) Signed by Judge Rosemary Marquez on 12/7/2023. (MCO)
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Filing 16
ORDER that Defendants' Partial Motion to Dismiss (Doc. #6 ) is granted in part and denied in part. The Motion is denied to the extent it seeks dismissal of the portion of Count Three asserting a 42 U.S.C. 1983 claim against Defendant Dana Mulay premised on deliberate indifference to known peer harassment in violation of the Equal Protection Clause. The Motion is otherwise granted. IT IS FURTHER ORDERED that Count Three of the First Amended Complaint is dismissed without prejudice to the extent that (1) it asserts that Defendants violated the Equal Protection Clause by failing to make the Ventana Vista Elementary Schools facilities and programs equally accessible to Z.B; and (2) to the extent it alleges that Defendants Erin Matyjasik, Doug Huie, Mary Kamerzel, and Denise Bartlett were deliberately indifferent to known peer harassment of Z.B. Defendants Matyjasik, Huie, Kamerzel, and Bartlett are dismissed without prejudice.IT IS FURTHER ORDERED that Plaintiff may file an amended complaint curing the deficiencies addressed in this Order within thirty (30) days of the date this Order is filed. (See attached Order for complete details)Signed by Judge Rosemary Marquez on 12/7/2023. (MCO)
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| Filing 15 REPORT of Rule 26(f) Planning Meeting by Jonathan Bialis, Tiffanie Bialis. (Viola, Corrinne) |
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Filing 14
ORDER granting #13 Stipulation : The parties Joint Report is due on or before November 29, 2023. Signed by Judge Rosemary Marquez on 11/27/2023. (MCO)
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| Filing 13 STIPULATION re: #12 Order on Stipulation,, Set/Reset Hearings, to Extend Due Date of Joint Report by Jonathan Bialis, Tiffanie Bialis. (Attachments: #1 Proposed Order To Extend Due Date of Joint Report)(Viola, Corrinne) |
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Filing 12
ORDER that the #11 Stipulation to Extend Case Management Conference is approved. The Pretrial Scheduling Conference currently set for November 29, 2023 is continued to December 6, 2023 at 10:30 AM, before Katie Callahan, law clerk to the Honorable Rosemary Marquez. All other provisions of the Court's October 27, 2023 Order (Doc. #10 ) remain in full force and effect. Signed by Judge Rosemary Marquez on 11/2/23. (See attached Order for complete details) (JAM)
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| Filing 11 STIPULATION re: #10 Order,,, Set/Reset Deadlines/Hearings,, Stipulation to Extend Case Management Conference set for November 29, 2023 by Jonathan Bialis, Tiffanie Bialis. (Attachments: #1 Proposed Order on Stipulation to Extend Case Management Conference)(Viola, Corrinne) |
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Filing 10
ORDER that a telephonic Pretrial Scheduling Conference is set for November 29, 2023, at 10:30 AM, before Katie Callahan, law clerk to the Honorable Rosemary Marquez. The parties are directed to confer at least 21 days before the conference, in accordance with Fed. R. Civ. P. 26(f). IT IS FURTHER ORDERED that counsel shall file with the Court, on or before November 22, 2023, a Joint Report reflecting the results of their meeting and outlining their discovery plan. Signed by Judge Rosemary Marquez on 10/27/23. (See attached Order for complete details)(JAM)
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| Filing 9 REPLY to Response to Motion re: #6 MOTION to Dismiss Counts/Claims : Count Three Partial Motion to Dismiss First Amended Complaint filed by Denise Bartlett, Catalina Foothills Unified School District No. 16, Doug Huie, Mary Kamerzell, Erin Matyjasik, Dana Mulay. (Smith, Lisa) |
| Filing 8 RESPONSE in Opposition re: #6 MOTION to Dismiss Counts/Claims : Count Three Partial Motion to Dismiss First Amended Complaint Plaintiff's Response in Opposition to Defendants' Partial Motion to Dismiss and Alternatively, Request for Leave to Amend the First Amended Complaint filed by Jonathan Bialis, Tiffanie Bialis. (Attachments: #1 Exhibit 1)(Thomas, Alden) |
| Filing 7 ANSWER to #4 Amended Complaint by Catalina Foothills Unified School District No. 16.(Kramer, Clayton) |
| Filing 6 MOTION to Dismiss Counts/Claims : Count Three Partial Motion to Dismiss First Amended Complaint by Denise Bartlett, Catalina Foothills Unified School District No. 16, Doug Huie, Mary Kamerzell, Erin Matyjasik, Dana Mulay. (Smith, Lisa) |
| Filing 5 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Jonathan Bialis, Tiffanie Bialis . (Attachments: #1 Exhibit A - Redline comparison to original Complaint)(Thomas, Alden) |
| Filing 4 AMENDED COMPLAINT First Amended Complaint against All Defendants filed by Tiffanie Bialis, Jonathan Bialis.(Thomas, Alden) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Mary Kamerzell, Erin Matyjasik, Catalina Foothills Unified School District No. 16, Doug Huie, Dana Mulay, Denise Bartlett. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) |
| Filing 2 Filing fee paid, receipt number AAZDC-22100798. This case has been assigned to the Honorable Rosemary Marquez. All future pleadings or documents should bear the correct case number: CV-23-318-TUC-RM. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 1 NOTICE OF REMOVAL from Pima County Superior Court, case number C20232195. Filing fee received: $ 402.00, receipt number AAZDC-22100798 filed by Erin Matyjasik, Catalina Foothills Unified School District No. 16, Denise Bartlett, Dana Mulay, Mary Kamerzell, Doug Huie. (Smith, Lisa) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(MYE) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Acceptance of Service re: Summons and Complaint upon Catalina Foothills Unified School District No. 16, Dr. Mary Kamerzell, Doug Huie, Dr. Erin Matyjasik, Denise Bartlett, and Dana Mulay on 7/3/2023. (Original filed in Pima County Superior Court on 7/3/2023.) Certificate of Service re: Summons, Complaint, Rule 102a FASTAR Certificate upon Denise Bartlett on 6/21/2023. (Original filed in Pima County Superior Court on 6/30/2023.) Certificate of Service re: Summons, Complaint, Rule 102a FASTAR Certificate upon Erin Matyasik, PHD on 6/13/2023. (Original filed in Pima County Superior Court on 6/16/2023.) (MYE) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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