DiMaggio v. the Rocky Point Union Free School District et. al
Plaintiff: Maria DiMaggio
Defendant: the Rocky Point Union Free School District, the Board of Education of the Rocky Point Union Free School District, Joseph Coniglione, Susan Sullivan, Andrea Moscatiello, Ed Casswell, Greg Amendola, Virginia Kelly-Gibbons, Kristen White, Sean Callahan, First Student, Inc. and Marc Muchnik
Case Number: 2:2018cv05993
Filed: October 25, 2018
Court: US District Court for the Eastern District of New York
Presiding Judge: Denis R Hurley
Referring Judge: Anne Y Shields
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42:1201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 21, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2018 Filing 29 Letter MOTION for Reconsideration re Order on Motion for Preliminary Injunction,, with regards to Defendant First Student, Inc. by Maria DiMaggio. (Phelan, Daniel)
December 13, 2018 Filing 28 CLERK'S JUDGMENT - It is ORDERED AND ADJUDGED that plaintiff Maria Dimaggio, take nothing of the defendants; that this case is dismissed for lack of subject matter jurisdiction; and that this case is hereby closed. Ordered by the Clerk of Court on 12/13/2018. (Tirado, Chelsea)
December 11, 2018 Opinion or Order ORDER denying #27 : For the reasons discussed at the Order to Show Cause hearing held on November 20, 2018, the Court has found that it lacks subject matter jurisdiction over this matter and the case is hereby dismissed. See, e.g., Cave v. East Meadow Union Free School Dist., 514 F.3d 240 (2d Cir. 2008). Accordingly, the Motion for a Preliminary Injunction at DE #27 is denied and the request for a pre-motion conference at DE #26 is moot. The Clerk of Court is directed to enter judgment and close the case. Ordered by Judge Denis R. Hurley on 12/11/2018. (Bochner, Francesca)
December 11, 2018 Opinion or Order ORDER denying #19 : For the reasons discussed at the November 30, 2018 Order to Show Cause hearing, the Motion for a Preliminary Injunction at DE #19 is denied for lack of subject matter jurisdiction. Ordered by Judge Denis R. Hurley on 12/11/2018. (Bochner, Francesca)
December 11, 2018 Minute Entry for proceedings held before Judge Denis R. Hurley: A Show Cause Hearing was held in this matter on November 30, 2018. Counsel for Plaintiff and all Defendants, except First Student, Inc., were present. For the reasons discussed during the hearing, the Order to Show Cause was denied for lack of subject matter jurisdiction. (Court Reporter Fred Guerino.) (Bochner, Francesca)
December 10, 2018 Filing 27 MOTION for Preliminary Injunction against Defendant, First Student, Inc. by Maria DiMaggio. (Attachments: #1 Affirmation in Support of Order to Show Cause for Plaintiff's Application for a Preliminary Injunction Against Defendant, First Student, Inc., #2 Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction Against Defendant, First Student, Inc., #3 Exhibit 1 to MOL) (Phelan, Daniel)
December 7, 2018 Motions terminated, docketed incorrectly: #26 MOTION for pre motion conference filed by the Rocky Point Union Free School District, Virginia Kelly-Gibbons, the Board of Education of the Rocky Point Union Free School District, Joseph Coniglione, Greg Amendola, Susan Sullivan, Sean Callahan, Kristen White, Marc Muchnik, Ed Casswell, Andrea Moscatiello. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin)
December 7, 2018 Filing 26 Letter application for pre motion conference by Greg Amendola, Sean Callahan, Ed Casswell, Joseph Coniglione, Virginia Kelly-Gibbons, Andrea Moscatiello, Marc Muchnik, Susan Sullivan, Kristen White, the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Kwee, David) Modified on 12/10/2018 (Cubano, Jazmin).
December 7, 2018 Filing 25 Summons Issued as to Greg Amendola, Sean Callahan, Ed Casswell, Joseph Coniglione, First Student, Inc., Virginia Kelly-Gibbons, Andrea Moscatiello, Marc Muchnik, Susan Sullivan, Kristen White, the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Cubano, Jazmin)
November 20, 2018 Opinion or Order ORDER: Defendants' time to answer or file a renewed pre-motion conference request is held in abeyance until the Show Cause hearing has concluded. Ordered by Judge Denis R. Hurley on 11/20/2018. (Bochner, Francesca)
November 19, 2018 Opinion or Order ORDER re #23 : The request for a pre motion conference is denied at this time in light of the impending Show Cause hearing scheduled in this matter. Defendants may renew their application after the Show Cause hearing. Ordered by Judge Denis R. Hurley on 11/19/2018. (Bochner, Francesca)
November 19, 2018 Opinion or Order Filing 24 ORDER TO SHOW CAUSE re #19 MOTION for Preliminary Injunction: A Show Cause Hearing has been scheduled in this matter for Friday, November 30, 2018 at 03:00 PM in Courtroom 930 before Judge Denis R. Hurley. See attached Order. Ordered by Judge Denis R. Hurley on 11/19/2018. (Bochner, Francesca)
November 16, 2018 Motions terminated, docketed incorrectly: #23 MOTION for pre motion conference filed by the Rocky Point Union Free School District, the Board of Education of the Rocky Point Union Free School District. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made.) (Cubano, Jazmin)
November 16, 2018 Filing 23 Letter application for pre motion conference by the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Kwee, David) Modified on 11/19/2018 (Cubano, Jazmin).
November 15, 2018 Opinion or Order ORDER re #19 : Plaintiff is directed to provide Chambers with a courtesy copy of the moving and opposition papers for the renewed motion for a preliminary injunction on or before Wednesday, November 21, 2018. Ordered by Judge Denis R. Hurley on 11/15/2018. (Bochner, Francesca)
November 14, 2018 Filing 22 MEMORANDUM in Opposition re #19 MOTION for Preliminary Injunction (Renewed) by Order to Show Cause, Order, Memorandum of Law in Opposition to Plaintiff's Renewed Motion filed by the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Kwee, David)
November 14, 2018 Filing 21 AFFIDAVIT/DECLARATION in Opposition re #19 MOTION for Preliminary Injunction (Renewed) by Order to Show Cause Affidavit of Marc Muchnik filed by the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Kwee, David)
November 14, 2018 Filing 20 AFFIDAVIT/DECLARATION in Opposition re #19 MOTION for Preliminary Injunction (Renewed) by Order to Show Cause filed by the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Attachments: #1 Exhibit Exhibit A) (Kwee, David)
November 8, 2018 Opinion or Order ORDER re #19 MOTION for a Preliminary Injunction: Defendants are directed to file a response to Plaintiff's motion on or before November 15, 2018. At that time the Court will review the submissions from both sides and determine whether the matter should be set down for a second preliminary injunction hearing. Ordered by Judge Denis R. Hurley on 11/8/2018. (Bochner, Francesca)
November 7, 2018 Filing 19 MOTION for Preliminary Injunction (Renewed) by Order to Show Cause by Maria DiMaggio. (Attachments: #1 Affidavit in Support of Order to Show Cause for Plaintiff's Renewed Application for a Preliminary Injunction, #2 Memorandum in Support of Plaintiff's Renewed Motion for a Preliminary Injunction, #3 Exhibit 1 to MOL in Support of Plaintiff's Renewed Motion for a Preliminary Injunction, #4 Exhibit 2 to MOL in Support of Plaintiff's Renewed Motion for a Preliminary Injunction, #5 Exhibit 3 to MOL in Support of Plaintiff's Renewed Motion for a Preliminary Injunction) (Phelan, Daniel)
November 6, 2018 Filing 18 AMENDED COMPLAINT against All Defendants, filed by Maria DiMaggio. (Attachments: #1 Exhibit 1 to Plaintiff's First Amended Complaint, #2 Proposed Summons for the Rocky Point Union Free School District, #3 Proposed Summons for the Board of Education of the Rocky Point Union Free School District, #4 Proposed Summons for Susan Sullivan, #5 Proposed Summons for Sean Callahan, #6 Proposed Summons for Greg Amendola, #7 Proposed Summons for Ed Casswell, #8 Proposed Summons for Joseph Coniglione, #9 Proposed Summons for Andrea Moscatiello, #10 Proposed Summons for Kristen White, #11 Proposed Summons for Virginia Kelly-Gibbons, #12 Proposed Summons for Marc Muchnik, #13 Proposed Summons for First Student, Inc.) (Phelan, Daniel)
November 6, 2018 Minute Entry for proceedings held before Judge Denis R. Hurley: Plaintiff not present; Defendant David F. Kwee Preliminary Injunction hearing on 11/6/2018; The Preliminary Injunction is denied see order dated 11/6/18. (Court Reporter Fred Guerino.) (Lundy, Lisa)
November 6, 2018 Opinion or Order ORDER denying #6 : The Motion for a Preliminary Injunction is denied due to Plaintiff's failure to appear at the Order to Show Cause hearing, as directed by this Court in the Order dated October 31, 2018 at DE #9 . The motion is denied without prejudice to renew. Should Plaintiff decide to renew her application, she shall file a response to Defendants' exhaustion of administrative remedies argument espoused in their Memorandum in Opposition dated November 5, 2018 at DE #17 . Plaintiff is further directed to review the forthcoming transcript of the Order to Show Cause proceedings. Ordered by Judge Denis R. Hurley on 11/6/2018. (Bochner, Francesca)
November 5, 2018 Filing 17 MEMORANDUM in Opposition re #8 Order to Show Cause,, filed by All Defendants. (Kwee, David)
November 5, 2018 Filing 16 AFFIDAVIT/DECLARATION in Opposition re #6 First MOTION for Preliminary Injunction by Order to Show Cause Affidavit of Marc Muchnik filed by the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Kwee, David)
November 5, 2018 Filing 15 AFFIDAVIT/DECLARATION in Opposition re #6 First MOTION for Preliminary Injunction by Order to Show Cause Attorney Declaration In Opposition filed by the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Kwee, David)
November 5, 2018 Filing 14 NOTICE of Appearance by David Ferdinand Kwee on behalf of the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District (aty to be noticed) (Kwee, David)
November 2, 2018 Filing 13 AFFIDAVIT of Service for Order to Show Cause and Supporting Documentation served on Rocky Point Union Free School District by Kelly White on 10/31/2018, filed by Maria DiMaggio. (Phelan, Daniel)
November 2, 2018 Filing 12 AFFIDAVIT of Service for Order to Show Cause and Supporting Documentation served on Board of Education of the Rocky Point Union Free School District by Kelly White on 10/31/2018, filed by Maria DiMaggio. (Phelan, Daniel)
November 2, 2018 Filing 11 SUMMONS Returned Executed by Maria DiMaggio. the Rocky Point Union Free School District served on 10/31/2018, answer due 11/21/2018. (Phelan, Daniel)
November 2, 2018 Filing 10 SUMMONS Returned Executed by Maria DiMaggio. the Board of Education of the Rocky Point Union Free School District served on 10/31/2018, answer due 11/21/2018. (Phelan, Daniel)
October 31, 2018 Opinion or Order Filing 9 ORDER TO SHOW CAUSE re #7 , #8 : Due to a conflict in the Court's schedule, the Order to Show Cause Hearing has been rescheduled for Tuesday, November 6, 2018 at 09:30 AM in Courtroom 930 before Judge Denis R. Hurley. Defendants shall file their response(s) on ECF or before Monday, November 5, 2018 at 12:00 p.m. (NOON). Plaintiff is not given leave to file a reply. Plaintiff shall serve a copy of this Order on Defendants on or before Thursday, November 1, 2018 at 12:00 p.m. See attached Order. Ordered by Judge Denis R. Hurley on 10/31/2018. (Bochner, Francesca)
October 31, 2018 Opinion or Order Filing 8 ORDER TO SHOW CAUSE re #6 : An Order to Show Cause hearing will be held in this matter on Wednesday, November 7, 2018, at 09:30 AM in Courtroom 930 before Judge Denis R. Hurley. Defendants may file a joint response or individual responses to the Motion for a Preliminary Injunction on or before Monday, November 5, 2018, by the end of the day. Plaintiff is not given leave to file a reply. The Parties may call witnesses at this hearing if they deem it necessary, but it is not required. Plaintiff shall serve Defendants with a copy of this Order by the end of the day, and shall file proof of such service on or before Friday, November 2, 2018. See attached Order. Ordered by Judge Denis R. Hurley on 10/31/2018. (Bochner, Francesca)
October 30, 2018 Filing 7 Summons Issued as to the Board of Education of the Rocky Point Union Free School District, the Rocky Point Union Free School District. (Cubano, Jazmin)
October 30, 2018 Filing 6 First MOTION for Preliminary Injunction by Order to Show Cause by Maria DiMaggio. (Attachments: #1 Affidavit Affirmation in Support, #2 Memorandum in Support MOL in Support, #3 Exhibit Exhibit 1 to MOL in Support, #4 Exhibit Exhibit 2 to MOL in Support) (Phelan, Daniel)
October 29, 2018 Filing 5 Proposed Summons. Re #3 Quality Control Check - Attorney Case Opening, by Maria DiMaggio (Phelan, Daniel)
October 26, 2018 Filing 4 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. (Flanagan, Doreen)
October 26, 2018 Case Assigned to Judge Denis R. Hurley and Magistrate Judge Anne Y. Shields. 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. (Flanagan, Doreen)
October 26, 2018 Proposed summons is rejected; the section that reads "The answer or motion must be served on Plaintiff or Plaintiff's attorney, whose name and address are:" has not been completed; the Clerk's Office cannot issue the summons. Counsel is advised to submit a completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)
October 26, 2018 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 10/26/2018 (Flanagan, Doreen). (Additional attachment(s) added on 10/26/2018: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). (Attachment 1 replaced on 10/26/2018) (Flanagan, Doreen).
October 25, 2018 Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Maria DiMaggio (Attachments: #1 Civil Cover Sheet) (Phelan, Daniel)
October 25, 2018 Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-10875691 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Maria DiMaggio. (Attachments: #1 Exhibit 1, #2 Proposed Summons) (Phelan, Daniel) Modified on 10/26/2018 (Flanagan, Doreen).

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Search for this case: DiMaggio v. the Rocky Point Union Free School District et. al
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Defendant: the Rocky Point Union Free School District
Represented By: David Ferdinand Kwee
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Defendant: the Board of Education of the Rocky Point Union Free School District
Represented By: David Ferdinand Kwee
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Defendant: Joseph Coniglione
Represented By: David Ferdinand Kwee
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Defendant: Susan Sullivan
Represented By: David Ferdinand Kwee
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Defendant: Andrea Moscatiello
Represented By: David Ferdinand Kwee
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Defendant: Ed Casswell
Represented By: David Ferdinand Kwee
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Defendant: Greg Amendola
Represented By: David Ferdinand Kwee
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Defendant: Virginia Kelly-Gibbons
Represented By: David Ferdinand Kwee
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Defendant: Kristen White
Represented By: David Ferdinand Kwee
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Defendant: Sean Callahan
Represented By: David Ferdinand Kwee
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Defendant: First Student, Inc.
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Defendant: Marc Muchnik
Represented By: David Ferdinand Kwee
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Plaintiff: Maria DiMaggio
Represented By: Daniel O. Phelan
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