Radice v. Eastport-South Manor Central School District et al
| Radice and Kathryn Radice |
| Eastport-South Manor Central School District, Mark A. Nocero, William Madsen, Joe Lopardo, Linda Weiss and Joseph Steimel |
| 2:2017cv00001 |
| January 3, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R Brown |
| Sandra J Feuerstein |
| Steven Tiscione |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 BILL OF COSTS by Eastport-South Manor Central School District, William Madsen, Linda Weiss (Attachments: #1 Declaration in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Kleinberg, Adam) |
| Filing 50 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Kathryn Radice take nothing of defendants Eastport-South Manor Central School District, Mark A. Nocero, Linda Weiss, Joe Lopardo, Joseph Steimel and William Madsen; that defendants' motion to dismiss plaintiffs claims against them is granted in part; that plaintiff's claims against defendant Mark A. Nocero are dismissed in their entirety without prejudice for failure to serve a summons and complaint upon him within the time prescribed by Rule 4(m) of the Federal Rules of Civil Procedure; that defendants' motion for summary judgment is granted; and that this case is closed. Ordered by Clerk of Court on 2/6/2020. (Toritto, Jim) |
Filing 49
MEMORANDUM & ORDER granting #42 Motion for Summary Judgment. For the reasons stated in the attached Memorandum & Order, the defendants' motion for summary judgment is GRANTED. The Clerk of the Court is directed to enter judgment and close the case. So Ordered by Judge Gary R. Brown on 2/5/2020. c/ecf (Yim, Kevin) (Main Document 49 replaced as per chambers request on 2/6/2020) (Tirado, Chelsea).
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ORDER REASSIGNING CASE. Case reassigned to Judge Gary R. Brown for all further proceedings. Judge Sandra J. Feuerstein no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Roslynn R. Mauskopf on 1/31/2020. (Bowens, Priscilla)
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| Case randomly reassigned to Magistrate Judge Steven Tiscione. Magistrate Judge Gary R. Brown no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Steven Tiscione. (Florio, Lisa) |
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ORDER granting #48 Motion to Adjourn Conference: The parties' requested adjournment is granted; the January 23, 2020 Status Conference is adjourned to April 23, 2020 at 11:15 a.m. (in-person, Courtroom 1010 of the Central Islip Federal Courthouse). Ordered by Judge Sandra J. Feuerstein on 1/17/2020. c/ECF (Killigrew, Patricia)
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| Filing 48 MOTION to Adjourn Conference by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
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ORDER: The Pretrial Conference scheduled to be held before the undersigned on 10/17/2019 is adjourned to 1/23/2020 at 11:15 AM in courtroom 1010 of the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 10/3/2019. c/ECF (Adell, April)
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ORDER granting #39 Motion for Extension of Time to File Response/Reply: The reply is accepted for filing nunc pro tunc . The Pretrial Conference scheduled to be held before the undersigned on 7/9/2019 is adjourned to 10/17/2019 at 11:15 AM in courtroom 1010 of the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 6/26/2019. c/ECF (Adell, April)
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ORDER REFERRING MOTION: #42 Notice of MOTION for Summary Judgment filed by Eastport-South Manor Central School District, William Madsen, Linda Weiss Ordered by Judge Sandra J. Feuerstein on 5/21/2019. Motions referred to Gary R. Brown. (Adell, April)
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| Filing 47 MEMORANDUM in Support re #42 Notice of MOTION for Summary Judgment filed by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
| Filing 46 MEMORANDUM in Opposition re #42 Notice of MOTION for Summary Judgment filed by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Attachments: #1 Rule 56.1 Statement Plaintiff's 56.1 Statement) (Kleinberg, Adam) |
| Filing 45 RULE 56.1 STATEMENT re #42 Notice of MOTION for Summary Judgment filed by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
| Filing 44 MEMORANDUM in Support re #42 Notice of MOTION for Summary Judgment filed by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
| Filing 43 AFFIDAVIT/DECLARATION in Support re #42 Notice of MOTION for Summary Judgment filed by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU) (Kleinberg, Adam) |
| Filing 42 Notice of MOTION for Summary Judgment by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
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ELECTRONIC ORDER granting #40 Motion to Withdraw as Attorney. Application granted. Attorney Gil Auslander terminated. Ordered by Magistrate Judge Gary R. Brown on 5/15/2019. c/ecf (Gilpin, Daniel)
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| Filing 41 NOTICE of Appearance by Chelsea Ella Weisbord on behalf of Eastport-South Manor Central School District, William Madsen, Linda Weiss (aty to be noticed) (Weisbord, Chelsea) |
| Filing 40 Letter MOTION re: Attorney Withdrawal as to Gil Auslander by Eastport-South Manor Central School District, William Madsen, Linda Weiss (Kleinberg, Adam) Modified docket entry from letter to motion on 5/15/2019 (Tirado, Chelsea). |
| Filing 39 MOTION for Extension of Time to File Response/Reply on consent of all parties by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
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ORDER granting #38 Motion for Extension of Time to File: The application is granted. No further extensions will be granted. Ordered by Judge Sandra J. Feuerstein on 4/18/2019. c/ECF (Adell, April)
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| Filing 38 Third MOTION for Extension of Time to File Document by Kathryn Radice. (Mitev, Vesselin) |
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ELECTRONIC ORDER granting #37 Motion to Withdraw as Attorney. Application granted. Attorney Melissa Holtzer-Jonas terminated. Ordered by Magistrate Judge Gary R. Brown on 3/28/2019. c/ecf (Gilpin, Daniel)
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| Filing 37 Letter MOTION re: Attorney Withdrawal by Eastport-South Manor Central School District (Kleinberg, Adam) Modified docket entry from letter to motion on 3/28/2019 (Tirado, Chelsea). |
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ORDER granting #36 Motion for Extension of Time to File: The application is granted. Ordered by Judge Sandra J. Feuerstein on 3/27/2019. c/ECF (Adell, April)
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| Filing 36 Second MOTION for Extension of Time to File Opposition Papers by Kathryn Radice. (Ray, John) |
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ORDER granting #35 Motion for Extension of Time to File: The application is granted. Ordered by Judge Sandra J. Feuerstein on 3/5/2019. c/ECF (Adell, April)
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| Filing 35 Letter MOTION for Extension of Time to File fully briefed summary judgment motion by Kathryn Radice. (Ray, John) |
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ORDER granting #34 Motion to Adjourn Conference to the extent that the pretrial conference scheduled for 2/11/19 is adjourned to 7/9/19 at 11:15 a.m. in courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 2/6/2019. (Disbrow, Sandra)
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| Filing 34 MOTION to Adjourn Conference by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
| Filing 33 Letter regarding Defendants' Motion for Summary Judgment by Eastport-South Manor Central School District, William Madsen, Linda Weiss (Kleinberg, Adam) |
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ORDER granting #32 Motion for Extension of Time to File: The application is granted. Ordered by Judge Sandra J. Feuerstein on 1/22/2019. c/ECF (Adell, April)
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| Filing 32 MOTION for Extension of Time to File fully briefed summary judgment motion by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
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ORDER granting #31 Motion for Extension of Time to Complete Discovery: The parties may conduct the deposition of Dr. Maria T. Russo by no later than 2/8/2019. Ordered by Judge Sandra J. Feuerstein on 1/10/2019. c/ECF (Adell, April)
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| Filing 31 MOTION for Extension of Time to Complete Discovery by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Kleinberg, Adam) |
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ORDER granting #30 Motion for Extension of Time to Complete Discovery: The application is granted to the extent that the parties may conduct the deposition of Dr. Maria T. Russo by no later than 1/18/2019 and the deadline for filing fully-briefed dispositive motions in accordance with the undersigned's individual rules is extended to 2/28/2019. Ordered by Judge Sandra J. Feuerstein on 12/7/2018. c/ECF (Adell, April)
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| Filing 30 Letter MOTION for Extension of Time to Complete Discovery (Fact Discovery Deadline) by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Auslander, Gil) |
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ORDER granting #29 Motion for Extension of Time to Complete Discovery: The deadline for the completion of all discovery is extended to 12/17/2018. No further extensions will be granted. The deadline to file fully-briefed dispositive motions in accordance with the undersigned's individual rules is extended to 1/17/2019. Ordered by Judge Sandra J. Feuerstein on 10/9/2018. c/ECF (Adell, April)
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| Filing 29 Letter MOTION for Extension of Time to Complete Discovery by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Kleinberg, Adam) |
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ELECTRONIC ORDER denying #28 Motion for Extension of Time to Complete. The plaintiff's application, on consent, for a sixty-day extension of the deadline is denied. The district court has set forth the deadlines for completion of discovery, dispositive motion practice, has scheduled a pretrial conference for 2/11/19 and expects the case to be ready for trial by that date. The plaintiff may redirect their motion to the district court or may renew the application to the undersigned if the deadlines are extended by the district court and the pretrial conference date is adjourned. Ordered by Magistrate Judge Gary R. Brown on 10/4/2018. c/ecf (Johnston, Linda)
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| Filing 28 Letter MOTION for Extension of Time to Complete Discovery by Kathryn Radice. (Mitev, Vesselin) |
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ORDER granting #26 Motion to Withdraw as Attorney. Attorney Shaunak Shah terminated Ordered by Magistrate Judge Gary R. Brown on 8/10/2018. (McMorrow, Karen)
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| Filing 27 NOTICE of Appearance by Gil Auslander on behalf of Eastport-South Manor Central School District, William Madsen, Linda Weiss (aty to be noticed) (Auslander, Gil) |
| Filing 26 Letter re Attorney Withdrawal by Eastport-South Manor Central School District, William Madsen, Linda Weiss (Kleinberg, Adam) Modified on 8/10/2018 (McMorrow, Karen). |
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ORDER granting #25 Motion for Extension of Time to Complete Discovery: The deadline for the completion of all discovery in this matter is extended to 10/16/2018. Ordered by Judge Sandra J. Feuerstein on 7/25/2018. c/ECF (Adell, April)
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| Filing 25 Letter MOTION for Extension of Time to Complete Discovery by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
| Filing 24 Minute Entry for proceedings held on 1/18/2018 before Judge Sandra J. Feuerstein: Civil Cause for Status Conference. Counsel for Plaintiff: Vess Mitev. Counsel for Defendant: Adam Kleinberg. Case called. Outstanding discovery is respectfully referred to the assigned magistrate judge. All discovery shall be complete by 8/16/2018. Dispositive motions to be served and filed in accordance with Judge Feuerstein's individual rules by 11/16/2018. A pretrial conference is scheduled before Judge Feuerstein on 2/11/2019 at 11:15AM. (Tirado, Chelsea) |
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Filing 23
Order: SO ORDERED that for the reasons set forth in the November 21, 2017 order, plaintiff's remaining claims against Nocero are dismissed in their entirety without prejudice for her failure to serve a summons and the complaint upon him within the time prescribed by Rule 4(m) of the Federal Rules of Civil Procedure. Ordered by Judge Sandra J. Feuerstein on 1/17/2018. Party Mark A. Nocero (Superintendent) terminated. (Florio, Lisa)
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| Filing 22 Letter in response to Court's 11/21/17 Show Cause Order by Kathryn Radice (Ray, John) |
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ORDER granting #21 Motion for Extension of Time to File: The application is granted. Ordered by Judge Sandra J. Feuerstein on 12/13/2017. c/ECF (Adell, April)
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| Filing 21 Letter MOTION for Extension of Time to File Show Cause Affidavit by Kathryn Radice. (Ray, John) |
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ORDER granting #20 Motion to Adjourn Conference: The Initial Conference is adjourned to 1/18/2018 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 12/6/2017. c/ECF (Adell, April)
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| Filing 20 First MOTION to Adjourn Conference on consent by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
| Filing 19 ANSWER to #1 Complaint by Eastport-South Manor Central School District, William Madsen, Linda Weiss. (Kleinberg, Adam) |
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Filing 18
ORDER granting in part and denying in part #11 Motion to Dismiss for Failure to State a Claim. For the reasons set forth above, defendants motion to dismiss plaintiffs claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted to the extent set forth herein; with the exception of plaintiffs eighth cause of action against the District,Nocero, Weiss and Madsen, plaintiffs claims are dismissed in their entirety with prejudice for failure to state a claim for relief; and plaintiff shall show cause by serving and filing an affidavit on or before December 12, 2017, why her remaining claims against Nocero should not be dismissed for her failure to serve a summons and the complaint upon him within the time prescribed by Rule 4(m) of the Federal Rules of Civil Procedure.. Ordered by Judge Sandra J. Feuerstein on 11/21/2017. (Bollbach, Jean)
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| Filing 17 NOTICE of Appearance by Shaunak Shah on behalf of Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss (aty to be noticed) (Shah, Shaunak) |
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ORDER: The Initial Conference scheduled to be held before me on 9/14/2017 is adjourned to 12/14/2017 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 9/11/2017. c/ECF (Adell, April)
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| NOTICE of Hearing: Due to a change in the Court's calendar, the conference originally scheduled before Judge Feuerstein on 9/14/2017 is converted into a telephone conference at 11:30 am. Plaintiff's counsel is directed to initiate the conference call to 631-712-5630. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan) |
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ORDER: The Initial Conference scheduled to be held before me on 5/3/2017 is adjourned to 9/14/2017 at 11:15 AM in Courtroom 1010 at the Central Islip Courthouse. Ordered by Judge Sandra J. Feuerstein on 4/18/2017. c/ECF (Adell, April)
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| Filing 16 REPLY in Support re #11 Motion to Dismiss for Failure to State a Claim filed by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Kleinberg, Adam) |
| Filing 15 MEMORANDUM in Opposition re #11 Motion to Dismiss for Failure to State a Claim by Plaintiff filed by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Kleinberg, Adam) |
| Filing 14 AFFIDAVIT/DECLARATION in Opposition re #11 Motion to Dismiss for Failure to State a Claim by Plaintiff filed by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Kleinberg, Adam) |
| Filing 13 MEMORANDUM in Support re #11 Motion to Dismiss for Failure to State a Claim filed by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Kleinberg, Adam) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re #11 Motion to Dismiss for Failure to State a Claim filed by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Attachments: #1 Exhibit A-C of Kleinberg Declaration) (Kleinberg, Adam) |
| Filing 11 Motion to Dismiss for Failure to State a Claim by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss. (Kleinberg, Adam) |
| Filing 10 Letter To Sokoloff Stern re: Service of Memorandum of Law in Opposition by Kathryn Radice (Ray, John) |
| Filing 9 STIPULATION To Adjourn by Kathryn Radice (Ray, John) |
| Filing 8 STIPULATION TO ADJOURN by Kathryn Radice (Ray, John) |
| Filing 7 STIPULATION to Adjourn by Kathryn Radice (Ray, John) |
| Filing 6 Letter by Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss (Kleinberg, Adam) |
| Filing 5 NOTICE of Appearance by Melissa Lauren Holtzer on behalf of Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss (aty to be noticed) (Holtzer, Melissa) |
| Filing 4 NOTICE of Appearance by Adam I. Kleinberg on behalf of Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Joseph Steimel, Linda Weiss (aty to be noticed) (Kleinberg, Adam) |
| NOTICE of Hearing: Initial Conference set for 5/3/2017 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing upon defendants and file proof of such service with the Court. c/ECF (Adell, April) |
| 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. (Landow, Concetta) |
| Filing 2 Summons Issued as to Eastport-South Manor Central School District, Joe Lopardo, William Madsen, Mark A. Nocero, Joseph Steimel and Linda Weiss. (Landow, Concetta) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Kathryn Radice. (Attachments: #1 Civil Cover Sheet) (Landow, Concetta) |
| FILING FEE: $ 400.00, receipt number 21764 (Landow, Concetta) |
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