Cincotta v. Hempstead Union Free School District
| Robert Cincotta |
| Hempstead Union Free School District, Betty J. Cross, Waylyn Hobbs, Jr., Shelley Brazley, Brandon V. Ray, Joann Simmons and Susan Johnson |
| 2:2015cv04821 |
| August 17, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D Spatt |
| A Kathleen Tomlinson |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2018. A more recent docket listing may be available from PACER.
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Filing 87
ORDER DISMISSING CASE re #86 Stipulation of Discontinuance with prejudice pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii). Each party shall bear its own costs, fees, and attorney's fees, except as otherwise agreed to by and between the parties. Case closed. SO ORDERED by Judge Arthur D. Spatt on 10/12/2018. (Coleman, Laurie)
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Filing 86
STIPULATION of Dismissal with prejudice by Hempstead Union Free School District (Graff, Austin)
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Filing 85
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Status Conference held on 9/7/2018. The parties are directed to file their Stipulation of Discontinuance by October 12, 2018. SEE ATTACHED ORDER for additional details. (Cento, Patrick)
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Filing 84
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Status Conference held on 8/16/2018. A further Telephone Conference will be held on September 7, 2018 at 11:45 a.m. SEE ATTACHED ORDER for additional details. (Cento, Patrick)
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Filing 83
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Settlement Conference held on 8/1/2018. The parties have 45 days to file the stipulation of discontinuance. This case is set down for a Telephone Conference on August 16, 2018 at 2 p.m. Attorney OHara is requested to initiate the call to Chambers (631-712-5760) with opposing counsel on the line. (Cento, Patrick)
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ORDER granting #82 Motion to Adjourn Conference. The Settlement Conference will be held on August 1, 2018 at 10 a.m. No later than two business days before the Settlement Conference, each party must submit by fax (not by ECF) a one or two page ex parte statement of the clients settlement position. The fax number in Chambers is 631-712-5766. The statement must specify the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. It is expected that counsel will explain how damages calculations have been made as well as the computation of any offer or counteroffer. These statements will be treated as confidential and will not be docketed or shared in any way. Therefore, the Court expects that the information will be a candid statement of the partys actual settlement position. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/19/2018. (Cento, Patrick)
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Filing 82
Letter MOTION to Adjourn Conference and set date for conference by Robert Cincotta. (O'Hara, Sean)
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Filing 81
Joint MOTION to Adjourn Conference Pre-trial conference, MOTION for Extension of Time to File Pre-Trial Order by Hempstead Union Free School District. (Graff, Austin)
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ORDER granting #81 . The deadline to file the Joint Pre-Trial Order, and the Pre-Trial Conference, are both adjourned without date. The Court is available to hold a Settlement Conference July 17, 2018 at 2 p.m., and July 23, 2018 at 2 p.m. The Court requests that counsel respond to the Court in writing by close of business Tuesday, June 19, informing the Court which if either of those dates work for the parties to hold the Settlement Conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/14/2018. (Cento, Patrick)
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SCHEDULING ORDER: in light of Judge Spatt's decision on the motion for summary judgment, this Court is setting a new deadline for submission of the Joint Pre-Trial Order. The Joint Pre-Trial Order shall be filed by June 15, 2018. The Pre-Trial Conference will be held on June 19, 2018 at 10 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/15/2018. (Cento, Patrick)
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Filing 80
MEMORANDUM OF DECISION & ORDER re #70 Motion for Summary Judgment. For the reasons stated above, the Defendants motion is granted in part and denied in part. It is granted to the extent that the Plaintiffs claims for termination based on age discrimination and for discriminatory failure to hire are dismissed, as well as all of the claims against the individual Defendants. The Defendants motion is denied in that the Plaintiffs Monell claim alleging that the Districts decision to terminate him was motivated in part by racial discrimination will be presented to the jury. The official caption is amended to reflect the caption herein. Betty J. Cross, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons and Shelley Brazley terminated. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 5/14/2018. (Coleman, Laurie)
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Filing 79
Letter responding to Court's April 19, 2018 electronic Order by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons (Attachments: #1 Exhibit 1 - Email and attachment from NYSED) (Graff, Austin)
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Electronic ORDER. The website to which the Defendants cite in support of the contention they make in paragraph 34 of their 56.1 Statement does not exist at this time. If the Defendants have a webpage or website that supports the contention made in that paragraph, they are directed to provide it forthwith. So Ordered by Judge Arthur D. Spatt on 4/19/2018. (Fell, Christopher)
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Filing 78
ORDER granting #77 Motion to Substitute Attorney. The Clerk of the Court is respectfully directed to substitute the Scher Law Firm as attorneys for the Defendants, and terminate Hamburger Maxson as attorneys for the Defendants. SO ORDERED. Ordered by Judge Arthur D. Spatt on 2/1/2018. (Bollbach, Jean)
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Filing 77
MOTION to Substitute Attorney by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Attachments: #1 Executed Consent to change attorney) (Graff, Austin)
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ORDER granting #75 Motion for Extension of Time to File the Joint Pre-Trial Order. Given the filing at DE #75 , the deadline for filing the Joint Pre-Trial Order is adjourned without date. Additionally, the Pre-Trial Conference scheduled for December 13, 2017 is adjourned without date pending a determination on the motion for summary judgment currently before Judge Spatt. Counsel are directed to contact chambers within three days of Judge Spatt's decision on the motion for summary judgment if the motion is denied in whole or in part.. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/11/2017. (Cento, Patrick)
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Filing 76
NOTICE of Appearance by Austin R. Graff on behalf of Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons (notification declined or already on case) (Graff, Austin)
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Filing 75
MOTION for Extension of Time to File Joint Pre-Trial Order by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Yaffe, David)
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Email Notification Test - DO NOT REPLY (Tirado, Chelsea)
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Filing 74
REPLY in Support re #70 Notice of MOTION for Summary Judgment - Reply Memorandum of Law and Reply Declaration in Support of Motion for Summary Judgment filed by All Defendants. (Attachments: #1 Declaration Hill Reply Declaration) (Yaffe, David)
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Filing 73
MEMORANDUM in Opposition to Defendants' Motion for Summary Judgment filed by Robert Cincotta. (Attachments: #1 Declaration Cincotta's Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Rule 56.1 Statement Counterstatement) (O'Hara, Sean)
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Electronic ORDER granting #72 Plaintiff's Motion for Extension of Time to File Response/Reply. The Plaintiff's proposed amended briefing schedule #72 is So Ordered by Judge Arthur D. Spatt on 10/11/2017. (Fell, Christopher)
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Filing 72
Letter MOTION for Extension of Time to File Response/Reply as to #70 Notice of MOTION for Summary Judgment , #71 Exhibit, by Robert Cincotta. (O'Hara, Sean)
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Filing 71
EXHIBIT OO to Yaffe Declaration in Support of Defendants' MF Summary Judgment (incorrectly labeled as Att.# 41 to Doc. 70 in original filing) #70 by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. Related document: Incorrect Case/Document/Entry Information.,,. (Yaffe, David)
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Incorrect Case/Document/Entry Information: Counsel contact the Clerks Office regarding a correction needed on the docket. Document #70 Motion- Attachment #41 had been edited to correct the name/title of the Exhibit from Exhibit "OO" to Exhibit "NN". The Document #71- Exhibit NN to Yafee Declaration in Support of Defendants' MF Summary Judgment filed by David Yafee on 9/15/2017 has been DELETED from the docket. Document was already an attachment(doc#41) to the #70 Notice of MOTION for Summary Judgment. Counsel is to re-file the missing exhibit "OO". (Ortiz, Grisel)
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Filing 70
Notice of MOTION for Summary Judgment by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. Responses due by 10/16/2017 (Attachments: #1 Declaration Yaffe Declaration in Support, #2 Exhibit Exh A - Yaffe Dec., #3 Exhibit Exh B - Yaffe Dec., #4 Exhibit Exh C - Yaffe Dec., #5 Exhibit Exh D - Yaffe Dec., #6 Exhibit Exh E - Yaffe Dec., #7 Exhibit Exh F - Yaffe Dec., #8 Exhibit Exh G - Yaffe Dec., #9 Exhibit Exh H - Yaffe Dec., #10 Exhibit Exh I - Yaffe Dec., #11 Exhibit Exh J - Yaffe Dec., #12 Exhibit Exh K - Yaffe Dec., #13 Exhibit Exh L - Yaffe Dec., #14 Exhibit Exh M - Yaffe Dec., #15 Exhibit Exh N - Yaffe Dec., #16 Exhibit Exh O - Yaffe Dec., #17 Exhibit Exh P - Yaffe Dec., #18 Exhibit Exh Q - Yaffe Dec., #19 Exhibit Exh R - Yaffe Dec., #20 Exhibit Exh S - Yaffe Dec., #21 Exhibit Exh T - Yaffe Dec., #22 Exhibit Exh U - Yaffe Dec., #23 Exhibit Exh V - Yaffe Dec., #24 Exhibit Exh W - Yaffe Dec., #25 Exhibit Exh X - Yaffe Dec., #26 Exhibit Exh Y - Yaffe Dec., #27 Exhibit Exh Z - Yaffe Dec., #28 Exhibit Exh AA - Yaffe Dec., #29 Exhibit Exh BB - Yaffe Dec., #30 Exhibit Exh CC - Yaffe Dec., #31 Exhibit Exh DD - Yaffe Dec., #32 Exhibit Exh EE - Yaffe Dec., #33 Exhibit Exh FF - Yaffe Dec., #34 Exhibit Exh GG - Yaffe Dec., #35 Exhibit Exh HH - Yaffe Dec., #36 Exhibit Exh II - Yaffe Dec., #37 Exhibit Exh JJ - Yaffe Dec., #38 Exhibit Exh KK - Yaffe Dec., #39 Exhibit Exh LL - Yaffe Dec., #40 Exhibit Exh MM - Yaffe Dec., #41 Exhibit Exh NN - Yaffe Dec., #42 Exhibit Exh PP - Yaffe Dec., #43 Exhibit Exh QQ - Yaffe Dc., #44 Exhibit Exh RR - Yaffe Dec., #45 Exhibit Exh SS - Yaffe Dec., #46 Exhibit Exh TT - Yaffe Dec., #47 Exhibit Exh UU - Yaffe Dec., #48 Declaration Yaffe Supplemental Declaration, #49 Exhibit Exh VV - Yaffe Supp. Dec., #50 Exhibit Exh WW - Yaffe Supp. Dec., #51 Declaration Johnson Declaration in Support, #52 Declaration Gilmore Declaration in Support, #53 Declaration Intrieri Declaration in Support, #54 Exhibit Exh A - Intrieri Dec., #55 Exhibit Exh B - Intrieri Dec., #56 Exhibit Exh C - Intrieri Dec., #57 Exhibit Exh D - Intrieri Dec., #58 Exhibit Exh E - Intrieri Dec., #59 Exhibit Exh F - Intrieri Dec., #60 Exhibit Exh G - Intrieri Dec., #61 Declaration Hill Declaration in Support, #62 Exhibit Exh A - Hill Dec., #63 Exhibit Exh B - Hill Dec., #64 Exhibit Exh C - Hill Dec., #65 Exhibit Exh D - Hill Dec., #66 Exhibit Exh E - Hill Dec., #67 Exhibit Exh F - Hill Dec., #68 Exhibit Exh G - Hill Dec., #69 Exhibit Exh H - Hill Dec., #70 Exhibit Exh I - Hill Dec., #71 Exhibit Exh J - Hill Dec., #72 Exhibit Exh K - Hill Dec., #73 Exhibit Exh L - Hill Dec., #74 Memorandum in Support Memo of Law in Support of Motion, #75 Rule 56.1 Statement Defts' 56.1 Statement) (Yaffe, David) Modified to correct an exhibit label on 9/21/2017 (Ortiz, Grisel).
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ORDER granting in part and denying in part #69 Motion for Extension of Time to File. The Court has reviewed Plaintiff's letter motion which requests that the deadline to file the parties' Joint Pre-Trial Order ("JPTO") be extended to "fourteen days after the issuance of the Court's decision on defendant's Summary Judgment motion." DE 69. Generally, the pendency of dispositive motion practice does not operate as a stay of pending case management deadlines. Moreover, Judge Spatt's protocol does not permit the Court to provide the parties with such a "stay" pending the outcome of defendant's motion. As such, Plaintiff's letter motion is granted to the extent that the JPTO shall be submitted by December 8, 2017. Likewise, the Pre-Trial Conference previously scheduled for September 25, 2017 is ADJOURNED. The conference will instead proceed on December 13, 2017 at 11AM. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/7/2017. (Roman, Joshua)
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Filing 69
Joint MOTION for Extension of Time to File the join pretrial order (JPTO) by Robert Cincotta. (O'Hara, Sean)
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Filing 68
MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Pre-Motion Conference held on 7/26/2017. Case called. Counsel for all sides present. Pre-motion conference held. Settlement discussions held. Case not settled at this time. A briefing schedule was set for defendants to move for summary judgment. (Coleman, Laurie)
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Electronic ORDER granting #66 Defendants' Motion for Pre Motion Conference. The Court will hold an in-person pre-motion conference on 7/26/2017 at 9:00 a.m. Both sides are to appear authorized to discuss settlement at that time. Any requests for an adjournment must be filed on ECF, and include three proposed dates agreed upon by both parties. So Ordered by Judge Arthur D. Spatt on 7/11/2017. (Fell, Christopher)
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Filing 67
RESPONSE in Opposition re #66 Letter MOTION for pre motion conference for summary judgment motion filed by Robert Cincotta. (O'Hara, Sean)
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Filing 66
Letter MOTION for pre motion conference for summary judgment motion by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Attachments: #1 Rule 56.1 Statement Defendants' 56.1 Statement, #2 Rule 56.1 Statement Plaintiff's 56.1 Counterstatement) (Yaffe, David)
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ORDER granting #65 Motion for Extension of Time to File. The Court notes that although this is Plaintiff's first request to extend the referenced deadlines, it is the second request in this case. As such, no further extensions will be granted. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/31/2017. (McCuiston, Hannah)
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Filing 65
Letter MOTION for Extension of Time to File Plaintiff's Rule 56.1 and pre-motion conference letter(s) by Robert Cincotta. (O'Hara, Sean)
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Filing 64
AMENDED FINAL SCHEDULING ORDER: re #63 Consent MOTION for Extension of Time to File /serve Rule 56.1 Statement filed by Betty J. Cross, Joann Simmons, Hempstead Union Free School District, Waylyn Hobbs, Jr., Brandon V. Ray, Shelley Brazley, Susan Johnson. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/11/2017. (Roman, Joshua)
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ORDER granting #63 Motion for Extension of Time. The time for service of defendant's Rule 56.1 Statement is extended to May 5, 2017. An Amended Case Management and Scheduling Order will be entered separately. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/10/2017. (Tomlinson, A.)
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Filing 63
Consent MOTION for Extension of Time to File /serve Rule 56.1 Statement by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Yaffe, David)
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Filing 62
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 3/16/2017. SEE ATTACHED ORDER for details. (Roman, Joshua)
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ORDER re #61 Motion to Adjourn Conference. unfortunately, the Court has no calendar availability during the afternoon of March 10, 2017. The Court is re-scheduling the telephone conference to March 16, 2017 at 3:45 PM. Counsel are requested to mark their calendars accordingly. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/9/2017. (Tomlinson, A.)
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Filing 61
Letter MOTION to Adjourn Conference by Robert Cincotta. (O'Hara, Sean)
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SCHEDULING ORDER: Due to an unforeseen scheduling conflict, the Court needs to adjourn the Telephone Conference scheduled for March 2, 2017. The conference will instead proceed on March 10, 2017 at 11:30 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/28/2017. (Roman, Joshua)
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ORDER granting #60 Motion for Extension of Time to Complete Discovery. The Court has reviewed Plaintiff's letter motion seeking an extension of the fact discovery deadline and in light of its contents, the motion is GRANTED. As such, the February 28, 2017 fact discovery deadline, as set forth in DE 44, is hereby extended to March 31, 2017. However, the parties are on notice that the Court will not consider any further adjournment or extension requests based upon the schedules of the District witnesses. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/16/2017. (Roman, Joshua)
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Filing 60
Letter MOTION for Extension of Time to Complete Discovery by Robert Cincotta. (O'Hara, Sean)
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Filing 59
ORDER denying #48 Motion for Attorney Fees. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/29/2016. (Roman, Joshua)
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Filing 58
ANSWER to #11 Amended Complaint by Shelley Brazley. (Martingale, Andrew)
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Filing 57
ORDER granting #56 Motion to Substitute Attorney. The Clerk of the Court is respectfully directed to substitute Hamburger, Maxson, Yaffe & McNally, LLP as counsel for the Defendant Brazley, and to terminate the Scher Law Firm LLP. Attorney Andrew Kyle Martingale added for Shelley Brazley; Attorney Austin R. Graff terminated. So Ordered by Judge Arthur D. Spatt on 11/26/2016. (Coleman, Laurie)
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Filing 56
MOTION to Substitute Attorney by Shelley Brazley. (Attachments: #1 Declaration, #2 Consent to Change Attorney executed by Deft. Brazley) (Yaffe, David)
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Filing 55
ANSWER to #11 Amended Complaint by Brandon V. Ray. (Martingale, Andrew)
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Electronic ORDER re #48 Letter Motion to Withdraw as Attorney. In light of the letter from counsel for Defendant Brazley, the Court grants the Defendant Brazley an extension of time to file an answer. The Defendant Brazley has until December 9, 2016 to answer the complaint or otherwise file a responsive pleading. So Ordered by Judge Arthur D. Spatt on 11/21/2016. (Fell, Christopher)
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Filing 54
ORDER re #53 motion to substitute attorney and for extension of time to answer. The Clerk of the Court is respectfully directed to terminate the Scher Law Firm as counsel for the Defendant Brandon Ray, and to substitute Hamburger, Maxson, Yaffe & McNally, LLP as his counsel. The Defendant Ray's request for an extension of time to file an answer is also granted, and he must file an answer by November 21, 2016. Attorney Austin R. Graff terminated; Attorney Andrew Kyle Martingale and Norman David Yaffe added for Brandon Ray. So Ordered by Judge Arthur D. Spatt on 11/18/2016. (Coleman, Laurie)
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Filing 53
MOTION to Substitute Attorney and for Extension of Time to Answer by Brandon V. Ray. (Attachments: #1 Declaration in Support of Substitution and for extension of time for Deft Ray to Answer, #2 Consent to Change Attorney executed by Deft Ray) (Yaffe, David)
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Filing 52
ORDER re #48 motion to withdraw as counsel and for the Court to intervene and direct the Defendant District to pay our fees eared in this case. The letter motion by counsel for Defendants Brazley and Ray, requesting permission to withdraw, is denied without prejudice at this time, with leave to renew as a formal motion demonstrating compliance with EDNY Local Civil Rule 1.4. The second portion of Defense counsel's letter motion is respectfully referred to Magistrate Judge Kathleen Tomlinson, as the request pertains to one of her orders. So Ordered by Judge Arthur D. Spatt on 11/17/2016. (Coleman, Laurie)
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Filing 51
AMENDED ANSWER to #11 Amended Complaint by Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Joann Simmons. (Martingale, Andrew)
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Filing 50
ANSWER to #11 Amended Complaint by Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Joann Simmons. (Martingale, Andrew)
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Filing 49
ORDER re #47 Motion to Substitute Attorney. The Clerk of the Court is respectfully directed to remove the "pro se" designation for the Defendant Betty Cross, and substitute Hamburger, Maxson, Yaffe & McNally as counsel for her. The Clerk is further respectfully directed to remove the "pro se" designations for the Defendants Shelley Brazley and Brandon V. Ray and reinstate the Scher Law Firm as their counsel. So Ordered by Judge Arthur D. Spatt on 11/4/2016. (Coleman, Laurie)
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Filing 48
MOTION to Withdraw as Attorney by Austin Graff and The Scher Law Firm, LLP, MOTION for Attorney Fees since the firm has a charging lien and has turned over the records pursuant to Court Order by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Graff, Austin)
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Filing 47
MOTION to Substitute Attorney by Betty J. Cross. (Attachments: #1 Declaration of David N. Yaffe, #2 Consent executed by Deft Cross) (Yaffe, David)
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Filing 46
ORDER granting #45 motion to substitute attorney. Hamburger, Maxon, Yaffee & McNally, LLP are substituted as attorneys of record for defendants in place and stead of The Scher Law Firm. The Clerk of the Court is respectfully directed to effectuate the substitution of counsel. So Ordered by Judge Arthur D. Spatt on 10/13/2016. Attorney Austin R. Graff terminated. Appearances for Andrew Kyle Martingale and David Norman Yaffe were previously entered. (Coleman, Laurie)
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Filing 45
Consent MOTION to Substitute Attorney by Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Joann Simmons. (Attachments: #1 Declaration) (Yaffe, David)
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Filing 44
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 9/21/2016. SEE ATTACHED ORDER for details. (Roman, Joshua)
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Filing 43
ORDER re #42 motion for an extension of time to November 10, 2016 for all defendants to answer to the Amended Complaint. Request granted. So Ordered by Judge Arthur D. Spatt on 9/10/2016. (Coleman, Laurie)
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Filing 42
Consent MOTION for Extension of Time to File Answer by Hempstead Union Free School District, Waylyn Hobbs, Jr.. (Attachments: #1 Partially Executed Consent to Change Attorney) (Yaffe, David)
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Filing 41
NOTICE of Appearance by Andrew Kyle Martingale on behalf of Hempstead Union Free School District, Waylyn Hobbs, Jr. (aty to be noticed) (Martingale, Andrew)
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Filing 40
NOTICE of Appearance by David Norman Yaffe on behalf of Hempstead Union Free School District, Waylyn Hobbs, Jr. (aty to be noticed) (Yaffe, David)
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SCHEDULING ORDER: The Court initially points out to counsel that in accordance with the directives set forth in the Initial Conference Minute Order [DE 16], counsel were directed to notify the undersigned within three days of Judge Spatt's decision regarding Defendants' motion to dismiss Plaintiff's amended complaint. To date, counsel has not been in contact with Chambers notwithstanding the Court's directive. Nevertheless, the Court is setting down an in-person Status Conference for September 21, 2016 at 10:30 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/7/2016. (Roman, Joshua)
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Filing 39
MEMORANDUM OF DECISION & ORDER granting in part and denying in part #14 Motion to Dismiss - For the foregoing reasons, the Defendants motion to dismiss is denied with regard to the Plaintiffs Section 1983 claims and granted with regard to the Plaintiffs NYSHRL claims. Thus, the only remaining claims in this action are the Section 1983 claims. This case is referred to United State Magistrate Judge A. Kathleen Tomlinson for discovery. The Clerk of the Court is directed to terminate docket entry number 14. So Ordered by Judge Arthur D. Spatt on 8/30/2016. (Coleman, Laurie)
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Filing 38
ORDER denying #36 Motion for Discovery. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/7/2016. (Roman, Joshua)
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Filing 37
RESPONSE in Opposition re #36 Letter MOTION for Discovery court intervention re: deficiencies filed by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Attachments: #1 Exhibit A - Email exchange, #2 Exhibit B - Email search) (Graff, Austin)
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Filing 36
Letter MOTION for Discovery court intervention re: deficiencies by Robert Cincotta. (O'Hara, Sean)
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ORDER granting #35 Motion for Extension of Time to Complete Discovery. The Court is in receipt of the parties' letter motion seeking a second extension of time to file a future letter motion with the Court regarding Court intervention concerning any unresolved discovery disputes. Although the length of the extension sought appears inordinately long, the Court nevertheless is reluctantly GRANTING the request. However, the parties are on notice that no further extensions will be granted under any circumstances. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/22/2016. (Roman, Joshua)
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Filing 35
Letter MOTION for Extension of Time to Complete Discovery by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Graff, Austin)
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ORDER granting #34 Motion for Extension of Time to Complete Discovery. In view of the Defendant's consent, the court is granting the parties an extension of the deadline to file letter motions seeking Court intervention on any discovery dispute related to the parties' responses to discovery demands. The new deadline is April 21, 2016. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/6/2016. (Tomlinson, A.)
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Filing 34
Joint MOTION for Extension of Time to Complete Discovery by Robert Cincotta. (O'Hara, Sean)
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ORDER granting #12 Motion to Withdraw. The Clerk of the Court is directed to terminate docket entry 7 without prejudice. So Ordered by Judge Arthur D. Spatt on 4/4/2016.
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ORDER re #33 Letter filed by Betty J. Cross, Joann Simmons, Hempstead Union Free School District, Waylyn Hobbs, Jr., Brandon V. Ray, Shelley Brazley, Susan Johnson. The Court is in receipt of Defendants' letter advising the Court concerning the status of compliance, by Plaintiff's medical providers, with the HIPAA authorizations forwarded by Defendants' counsel. With regard to the one provider who has still not turned over records pursuant to the HIPAA authorization, Defendants' counsel has indicated that he seeks one final opportunity to communicate with the provider to facilitate compliance without the need for a judicial subpoena. In the event timely compliance with the HIPAA authorization is not achieved after this additional communication, and pursuant to the Court's prior Order, see DE 16, Defendants' counsel is directed to further apprise the Court so that a subpoena can be issued. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/16/2016. (Roman, Joshua)
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Filing 33
Letter to Magistrate Judge regarding HIPAA authorizations and medical records by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons (Graff, Austin)
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ORDER granting #32 Motion to Amend/Correct/Supplement. The Court is in receipt of the parties' joint letter motion seeking to amend paragraph 6 the Court's Civil Conference Minute Order [DE 16] and after reviewing its contents, the Court hereby GRANTS the motion. As such, paragraph 6 of the Court's Order is amended as follows: Responses to discovery demands must be served by March 10, 2016. Between March 11, 2016 and March 31, 2016,counsel are directed to engage in the required good faith meet-and-confer required under Local Rule 37.3 to resolve any objections they have to each others responses. The Court is setting a deadline of April 7, 2016 for submission of any letter motions seeking Court intervention as to any unresolved disputes. Any issues not raised by the April 7, 2016 deadline shall be deemed waived. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/11/2016. (Roman, Joshua)
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Filing 32
Joint MOTION to Amend/Correct/Supplement #16 Initial Conference Hearing to extend time for paper discovery by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Graff, Austin)
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Filing 31
AFFIDAVIT/DECLARATION in Support re #14 MOTION to Dismiss the Amended Complaint , MEMORANDUM in Support re #14 MOTION to Dismiss the Amended Complaint filed by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Attachments: #1 Exhibit G - So Ordered Stipulation, #2 Exhibit H - Notice and Final Order SDHR, #3 Exhibit I - EEOC Notice of Dismissal, #4 Memorandum in Support Memorandum of Law in further support) (Graff, Austin)
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Filing 30
STIPULATION AND ORDER / ESI AGREEMENT re #28 Joint MOTION for Protective Order and Stipulation Order Regarding Discovery of Electronically Stored Information filed by Robert Cincotta. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/28/2016. (Ryan, Mary)
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Filing 29
ORDER granting #28 Motion for PROTECTIVE ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/28/2016. (Ryan, Mary)
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Filing 28
Joint MOTION for Protective Order and Stipulation Order Regarding Discovery of Electronically Stored Information by Robert Cincotta. (Attachments: #1 Proposed Order) (O'Hara, Sean)
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Filing 27
MEMORANDUM in Opposition to Defendants' Motion to Dismiss the Amended Complaint filed by Robert Cincotta. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2) (O'Hara, Sean)
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Filing 26
SUMMONS Returned Executed by Robert Cincotta. Susan Johnson served on 12/17/2015, answer due 1/7/2016. (O'Hara, Sean)
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Filing 25
SUMMONS Returned Executed by Robert Cincotta. Joann Simmons served on 12/17/2015, answer due 1/7/2016. (O'Hara, Sean)
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Filing 24
SUMMONS Returned Executed by Robert Cincotta. Brandon V. Ray served on 12/17/2015, answer due 1/7/2016. (O'Hara, Sean)
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Filing 23
SUMMONS Returned Executed by Robert Cincotta. Shelley Brazley served on 12/17/2015, answer due 1/7/2016. (O'Hara, Sean)
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Filing 22
SUMMONS Returned Executed by Robert Cincotta. Waylyn Hobbs, Jr. served on 12/17/2015, answer due 1/7/2016. (O'Hara, Sean)
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Filing 21
SUMMONS Returned Executed by Robert Cincotta. Betty J. Cross served on 12/17/2015, answer due 1/7/2016. (O'Hara, Sean)
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Filing 20
SUMMONS Returned Executed by Robert Cincotta. Hempstead Union Free School District served on 12/17/2015, answer due 1/7/2016. (O'Hara, Sean)
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Filing 19
ORDER Re: #18 Motion/Stipulation for an extension of time for the Plaintiff to submit an opposition to Defendants' motion to dismiss from 12/17/15 to 1/8/15 and the time for Defendant to submit a reply is extended from 12/28/15 to 1/29/16. Request granted. So Ordered by Judge Arthur D. Spatt on 12/16/2015. (Coleman, Laurie)
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Filing 18
MOTION for Extension of Time to File Opposition and Reply papers to Motion to Dismiss by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Graff, Austin)
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Filing 17
SUMMONS ISSUED as to Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Coleman, Laurie)
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Filing 16
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 12/3/2015. SEE ATTACHED ORDER for details. (Roman, Joshua)
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Filing 15
Proposed Summons. Re #11 Amended Complaint by Robert Cincotta (O'Hara, Sean)
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Filing 14
MOTION to Dismiss the Amended Complaint by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Attachments: #1 Affirmation of Austin Graff, #2 Affidavit of Betty Cross in Support of Motion to Dismiss, #3 Affidavit of Waylyn Hobbs, Jr. in Support of Motion to Dismiss, #4 Affidavit of Shelley Brazley in Support of Motion to Dismiss, #5 Affidavit of Brandon V. Ray in Support of Motion to Dismiss, #6 Affidavit of Joann Simmons in Support of Motion to Dismiss, #7 Affidavit of Susan Johnson in Support of Motion to Dismiss, #8 Exhibit A = Summons and Complaint, #9 Exhibit B = Amended Complaint, #10 Exhibit C = Court's Docket Sheet, #11 Exhibit D = Memo of Law in Support of Motion to Dismiss Complaint, #12 Exhibit E = Plaintiff's filing with the NYSDHR, #13 Exhibit F = Plaintiff's Notice of Claim, #14 Memorandum in Support) (Graff, Austin)
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Filing 13
Proposed Scheduling Order by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons (Graff, Austin)
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Filing 12
MOTION to Withdraw #7 Motion to Dismiss for Failure to State a Claim based upon the statute of limitations without prejudice by Shelley Brazley, Betty J. Cross, Hempstead Union Free School District, Waylyn Hobbs, Jr., Susan Johnson, Brandon V. Ray, Joann Simmons. (Graff, Austin)
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Filing 11
AMENDED COMPLAINT against Hempstead Union Free School District, Betty J. Cross, Waylyn Hobbs, Jr., Shelley Brazley, Brandon V. Ray, Joann Simmons, Susan Johnson, filed by Robert Cincotta. (O'Hara, Sean)
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ORDER re: #10 Motion to Adjourn Conference. In light of the fact that the anticipated motion to dismiss has no impact on the Initial Conference, the Court is unsure why counsel submitted this motion. Likewise, Judge Spatt does not stay discovery even if a dispositive motion is filed. The Court is giving counsel a brief adjournment and the Initial Conference will now go forward on December 3, 2015 at 4 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/13/2015. (Tomlinson, A.)
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Filing 10
Letter MOTION to Adjourn Conference by Robert Cincotta. (O'Hara, Sean)
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Filing 9
ORDER Re: #8 Motion/Stipulation for an extension of time from 11/4/15 to 11/18/15 for the Plaintiff to submit an opposition to Defendant's Motion to Dismiss, and the time for Defendant to submit a reply is extended from 11/14/15 to 12/1/15. Request granted. So Ordered by Judge Arthur D. Spatt on 11/3/2015. (Coleman, Laurie)
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Filing 8
Joint MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Robert Cincotta. (O'Hara, Sean)
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Filing 7
Motion to Dismiss for Failure to State a Claim based upon the statute of limitations by Hempstead Union Free School District. (Attachments: #1 Affidavit in Support Affirmation of Austin Graff in support, #2 Exhibit A - Complaint, #3 Exhibit B - SDHR Complaint, #4 Exhibit C - Docket Report, #5 Memorandum in Support Memorandum of Law) (Graff, Austin)
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Filing 6
NOTICE of Appearance by Austin R. Graff on behalf of Hempstead Union Free School District (aty to be noticed) (Graff, Austin)
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Filing 5
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for November 17, 2015 at 11 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/2/2015. (Roman, Joshua)
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Filing 4
Summons Issued as to Hempstead Union Free School District. (McMahon, Carol)
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Filing 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol)
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (McMahon, Carol)
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Case Assigned to Judge Arthur D. Spatt and Magistrate Judge A. Kathleen Tomlinson. (McMahon, Carol)
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Filing 1
COMPLAINT against Hempstead Union Free School District filing fee $ 400, receipt number 0207-7959449 Was the Disclosure Statement on Civil Cover Sheet completed - NO,, filed by Robert Cincotta. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (O'Hara, Sean)
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