Luo v. Baldwin Union Free School District et al
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|Date Filed||#||Document Text|
|August 12, 2014
MEMORANDUM OF DECISION AND ORDER - For the foregoing reasons, Judge Tomlinsons May 20, 2013 Order is AFFIRMED, and Plaintiffs motion to strike is DENIED. the Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Ord er would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 8/12/2014. C/M to pro se Plaintiff via FCM. (Coleman, Laurie)
|February 12, 2014
MEMORANDUM & ORDER: Plaintiff's Motion for Reconsideration 37 is GRANTED and Briglio's counterclaim against Plaintiff is DISMISSED WITH PREJUDICE. Plaintiff's renewed Motion to Dismiss Briglio's Counterclaim 76 is DENIED AS MO OT and Plaintiff's Motion for Sanctions 73 is DENIED. On Plaintiff's Motion to Strike 63 , the Court RESERVES JUDGMENT. The District and Gallo are ORDERED TO SHOW CAUSE, within 30 days of the date of this Order, why Plaintiff's Moti on to Strike should not be granted. If they do no do so, the District and Gallo are in danger of being in default. The Court certifies that any appeal would not be taken in good faith and in forma pauperis status is DENIED for the purpose of an appeal. Ordered by Judge Joanna Seybert on 2/12/2014. (C/M Plaintiff) (Nohs, Bonnie)
|March 21, 2013
MEMORANDUM & ORDER granting 12 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 16 Motion to Dismiss for Failure to State a Claim; granting 18 Motion to Dismiss Case as Frivolous; denying 19 Motion to Dismiss. For the foregoing reasons, Gibson and Briglio's motions to dismiss are GRANTED. The District and Gallo's partial motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's motion to dismiss Briglio's coun terclaim is DENIED. Plaintiff's remaining claims, therefore, are his claim for IDEA administrative review, and his Section 1983 claims against Gallo and the District for (a) failing to consider information regarding B.L.'s placement in a C amphill-like setting and thus not providing Plaintiff a meaningful opportunity to recommend an educational placement, and (b) conducting administrative proceedings in which erroneous arguments were made and adopted. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of the Court is directed to terminate Gibson and Briglio as Defendants in this action; Robert Briglio and Susan M. Gibson terminated. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 3/21/2013. C/M; C/ECF (Valle, Christine)
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