East Brunswick Board of Education v. D. S., et al
| EAST BRUNSWICK BOARD OF EDUCATION |
| D. S., M. S. and M. S., o/b/o A.S. |
| 23-2558 |
| August 30, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Education |
Docket Report
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| Filing 18 Notice to Counsel. The attached document is restricted. To view document, click on the document number link in the NDA (Notice of Docket Activity). In order to access this document, you must be the attorney of record using your individual ECF login and password. (SY) [Entered: 10/10/2023 02:15 PM] |
| Filing 17 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant East Brunswick Board of Education advising this court that transcripts are already on file in the District Court. [23-2558] (JSH) [Entered: 10/04/2023 12:45 PM] |
| Filing 16 ECF FILER: Concise Summary of the Case filed by Appellant East Brunswick Board of Education. [23-2558] (JSH) [Entered: 10/03/2023 05:43 PM] |
| Filing 15 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant East Brunswick Board of Education. [23-2558] (JSH) [Entered: 10/03/2023 05:28 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Jodi S. Howlett, Esq. on behalf of Appellant(s) East Brunswick Board of Education. [23-2558] (JSH) [Entered: 10/03/2023 05:21 PM] |
Filing 13
ORDER (CHUNG, Circuit Judges) granting Motion by Appellees to Proceed under their Initials. Panel No.: BCO-127. Chung, Authoring Judge. (SB) [Entered: 09/27/2023 10:05 AM]
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Filing 12
ORDER (Clerk)The Motion by Appellees to Proceed under their Initials is referred to a motions panel. The case has been docketed under the appellees initials. The parties are directed to use only the appellees initials in all filings pending disposition of the motion. If the Court denies the motion to proceed under initials, the appellees full names will be substituted. (SB) [Entered: 09/25/2023 09:45 AM]
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| Filing 11 FOLLOW UP LETTER to Attorney Jodi S. Howlett, Esq. for Appellant East Brunswick Board of Education requesting the following document(s): Appearance Form on or before 10/04/2023. Information Statement on or before 10/04/2023. Concise Summary on or before 10/04/2023. Transcript Purchase Order on or before 10/04/2023. (SB) [Entered: 09/20/2023 11:53 AM] |
| Filing 10 ECF FILER: RESPONSE from Attorney Jodi S. Howlett, Esq. for Appellant East Brunswick Board of Education. Certificate of Service dated 09/13/2023. Service made by ECF. [23-2558] (JSH) [Entered: 09/13/2023 04:56 PM] |
| Filing 9 ECF FILER: RESPONSE from Attorney Julie M.W. Warshaw, Esq. for Appellees D. S. and M. S. Letter in Response to Docket Entry 5 Order. Certificate of Service dated 09/13/2023. Service made by ECF. [23-2558] (JMW) [Entered: 09/13/2023 03:44 PM] |
| Filing 8 ECF FILER: SEALED LETTER from Attorney Julie M.W. Warshaw, Esq. for Appellees D. S. and M. S. As per Text Order letter reveals Appellees full names to the Court for informational purposes.. Certificate of Service dated 09/05/2023. Service made by ECF. [23-2558] (JMW) [Entered: 09/05/2023 04:12 PM] |
| Filing 7 ECF FILER: Motion filed by Appellees to continue to proceed under their initials . Certificate of Service dated 09/05/2023. Service made by ECF. [23-2558] (JMW) [Entered: 09/05/2023 03:58 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Julie Warshaw on behalf of Appellee(s) D.S. and M.S. o/b/o A.S.. [23-2558] (JMW) [Entered: 09/05/2023 03:37 PM] |
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Filing 5
ORDER (Clerk) Appellant seeks review of the District Courts July 28, 2023 order, granting in part and denying in part Defendants motion for summary judgment. Because it does not appear that Defendants counterclaim has been adjudicated, and because this order has not been certified under Federal Rule of Civil Procedure 54(b), this may not be an appealable order. See, e.g., TMA Fund, Inc., v. Biever, 520 F.2d 639, 641 (3d Cir. 1975) ([W]here the order granting summary judgment did not adjudicate the counterclaim, all the claims of all the parties were not decided. The order thus is not a final, appealable order under 28 U.S.C. 1291.) It is noted that Defendants/Appellees filed a motion for reconsideration of the order on appeal on August 4, 2023. Within fourteen (14) days of the date the District Court enters an order on the pending motion for reconsideration, all parties must file written responses addressing this Courts authority over the appeal. (SB) [Entered: 08/30/2023 11:18 AM]
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Filing 4
ORDER (Clerk) Pursuant to Federal Rule of Civil Procedure 5.2 (made applicable by Federal Rule of Appellate Procedure 25(a)(5)) and Third Circuit Local Appellate Rule 113.12, personal identifier information must be redacted from most filings. These identifiers include Social Security numbers, names of minor children, financial account numbers, dates of birth, and home addresses in criminal cases. Litigants are responsible for redacting documents. This Courts Local Appellate Rules are available at www.ca3.uscourts.gov. The parties should comply with these privacy rules in any future filings. The Clerk will not review each filing for compliance. This order has no impact on any filings in the District Court, and the parties should address any issues regarding those filings with that Court. The District Court used the initials of A.S. when docketing the case, which was filed by the Appellant, East Brunswick Township Board of Education. The District Court also docketed the case using the initials of the defendants/appellees, the parents of A.S. It is noted that A.S. was already eighteen (18) when the District Court action was filed. The Clerk has docketed this action using the initials of A.S. and A.S.s parents instead of their full names. If, however, Appellees wish to continue using their initials on appeal, Appellees must file in this Court a separate motion requesting such relief. Appellees must address what effect, if any, the fact that A.S. was eighteen (18) at the time the District Court action was filed has on their motion to proceed using initials. In addition, as it does not appear that Appellees full names are in any of the District Court filings, Appellees must provide the Court with their full names to insure proper internal processing of this appeal. If Appellees are filing a motion to proceed under initials, their full names should be filed in a separate SEALED response to this Order. Otherwise, Appellees may file a letter response indicating they are not proceeding under initials and disclosing their full names. (SB) [Entered: 08/30/2023 11:13 AM]
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 08/30/2023 11:04 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 08/30/2023 11:03 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant East Brunswick Board of Education in District Court No. 2-21-cv-08279. (SB) [Entered: 08/30/2023 10:48 AM] |
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