Sutton v. Stony Brook University et al
| Danielle Sutton |
| Charles Taber, Stony Brook University and Nicole Galante |
| 2:2018cv07434 |
| December 28, 2018 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Joanna Seybert |
| Civil Rights: Education |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 18 AFFIDAVIT of Service for Order of Hon. Joanna Seybert dated 2.22.19 served on Danielle Sutton, Plaintiff Pro Se on February 22, 2019, filed by Nicole Galante, Stony Brook University, Charles Taber. (Yorke, Richard) |
ELECTRONIC ORDER denying #14 Motion for Pre-Motion Conference. The Court finds that a pre-motion conference is unnecessary and GRANTS Defendants leave to move to dismiss. Defendants are directed to file their motion on or before March 25, 2019. Plaintiff shall file her opposition on or before April 25, 2019, and Defendants' reply, if any, shall be filed on or before May 9, 2019. Defendants are directed to serve a copy of this Electronic Order on the pro se Plaintiff and file proof of service on ECF on or before February 27, 2019. Ordered by Judge Joanna Seybert on 2/22/2019. (Torreblanca, David)
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ELECTRONIC ORDER denying #2 Motion for Preliminary Injunction. The Court has reviewed Plaintiff's motion for a preliminary injunction (D.E. 2), Defendants' response (D.E. 10, 11, 12), and Plaintiff's reply (D.E. 16), along with all attachments. "A party seeking a preliminary injunction must ordinarily establish that (1) [s]he is likely to succeed on the merits, (2) [s]he is likely to suffer irreparable harm in the absence of preliminary relief, (3) the balance of equities tips in [her] favor, and (4) an injunction is in the public interest." Demirayak v. City of New York, 746 F. App'x 49, 51 (2d Cir. 2018) (citations omitted). Irreparable harm is the most important prerequisite. Additionally, in situations like this, where Plaintiff seeks a preliminary injunction that would alter the status quo or provide the ultimate relief she seeks in the case, "a heightened standard applies." See id.; (e.g., D.E. 2-1 paragraphs 37-48) "Under this heightened standard, plaintiff must make a clear showing that [s]he is entitled to the relief requested, or that 'extreme or very serious damage' will result from denial of preliminary relief." Demirayak, 746 F. App'x at 51 (citations omitted). Plaintiff cannot meet this standard.Initially, Plaintiff has failed to show that "extreme or very serious" harm would result from the denial of her motion. Plaintiff filed her Complaint and motion for a preliminary injunction over a year after the appeal of her dismissal was denied. (See Compl. paragraph 124.) Her delay in seeking relief undermines her argument that any harm would be irreparable. See Levola v. Fischer, 403 F. App'x 564, 565 (2d Cir. 2010) (citations omitted). Moreover, the Court concludes that Plaintiff's alleged injuries could be remedied by monetary damages. See Montague v. Yale Univ., No. 16-CV-0885, 2017 WL 4942772, at *3 (D. Conn. Mar. 8, 2017) (equating delay in completing education to a suspension, which is compensable through monetary damages). Additionally, substantially for the reasons recited in Defendants' response to Plaintiff's motion, Plaintiff has not met the high burden of establishing "a clear likelihood of success on the merits." Demirayak, 746 F. App'x at 52. Finally, Plaintiff has not shown that the balance of equities tips in her favor or that the injunction would be in the public interest. The Court finds that the equities favor Defendants' maintaining their academic requirements, and that the interests of the public would not be served by granting Plaintiff her requested relief, notwithstanding New York's teacher shortage or the public's interest in ensuring that state institutions are not violating students' rights. (D.E. 2-1 paragraphs 29, 51.)Accordingly, Plaintiff's motion for a preliminary injunction (D.E. 2) is DENIED. The Clerk of the Court is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 2/12/2019. (Torreblanca, David)
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| Filing 17 REPLY in Opposition Re: #14 Letter MOTION for pre motion conference Letter requesting pre-motion to dismiss conference, filed by Danielle Sutton. (Valle, Christine) |
| Filing 16 REPLY to Response to Motion Re: #2 Notice of MOTION for Preliminary Injunction (Proposed) filed by Danielle Sutton. (Valle, Christine) |
| Filing 15 CERTIFICATE OF SERVICE by Nicole Galante, Stony Brook University, Charles Taber re #14 Letter MOTION for pre motion conference Letter requesting pre-motion to dismiss conference (Yorke, Richard) |
| Filing 14 Letter MOTION for pre motion conference Letter requesting pre-motion to dismiss conference by Nicole Galante, Stony Brook University, Charles Taber. (Yorke, Richard) |
| Filing 13 CERTIFICATE OF SERVICE by Nicole Galante, Stony Brook University, Charles Taber re #10 Memorandum in Opposition, #12 Affidavit in Opposition to Motion, #9 Notice of Appearance, #11 Affidavit in Opposition to Motion, Affirmation of Service dated 1/25/19 (Yorke, Richard) |
| Filing 12 AFFIDAVIT/DECLARATION in Opposition re #2 Notice of MOTION for Preliminary Injunction (Proposed) Affidavit of Melissa Jordan filed by All Defendants. (Attachments: #1 Exhibit Jordan Exhibits A-M) (Yorke, Richard) |
| Filing 11 AFFIDAVIT/DECLARATION in Opposition re #2 Notice of MOTION for Preliminary Injunction (Proposed) Affidavit of Nicole Galante filed by All Defendants. (Attachments: #1 Exhibit Galante Exhibits A-F, #2 Exhibit Galante Exhibits G-O) (Yorke, Richard) |
| Filing 10 MEMORANDUM in Opposition re #2 Notice of MOTION for Preliminary Injunction (Proposed) to Plaintiff's Motion for Preliminary Injunction filed by All Defendants. (Yorke, Richard) |
| Filing 9 NOTICE of Appearance by Richard H. Yorke on behalf of All Defendants (aty to be noticed) (Yorke, Richard) |
| Filing 8 AFFIDAVIT OF SERVICE SUMMONS Returned Executed by Danielle Sutton. Charles Taber served on 1/9/2019, answer due 1/30/2019. (Valle, Christine) |
| Filing 7 SUMMONS Returned Executed by Danielle Sutton. Nicole Galante served on 1/9/2019, answer due 1/30/2019; Stony Brook University served on 1/7/2019, answer due 1/28/2019. (Ortiz, Grisel) |
| Filing 6 CERTIFICATE OF SERVICE by Danielle Sutton re #2 Notice of MOTION for Preliminary Injunction (Proposed) (Cubano, Jazmin) |
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ELECTRONIC SCHEDULING ORDER: re #2 Notice of MOTION for Preliminary Injunction (Proposed) filed by Danielle Sutton. Status Report due by 1/25/2019. Plaintiff is directed to serve copies of (1) her motion for a preliminary injunction, (2) all supporting materials, and (3) this Electronic Order on all Defendants and file proof of service with the Court on or before January 10, 2019. Defendants are directed to respond in writing to Plaintiff's motion for a preliminary injunction on or before January 25, 2019. The Clerk of the Court is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 1/3/2019. (Torreblanca, David)
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| Filing 5 Letter from J. Grady to Danielle Sutton dated 1/2/2019 Re: THIS LETTER ACKNOWLEDGES RECEIPT OF YOUR CIVIL ACTION(S). DOCKET NUMBER(S) AND JUDGE(S) HAVE BEEN ASSIGNED AS INDICATED ABOVE. (Valle, Christine) |
| Filing 4 Summons Issued as to Nicole Galante, Stony Brook University, Charles Taber. (Valle, Christine) |
| 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. (Kanellopoulos, John) |
| Filing 2 Notice of MOTION for Preliminary Injunction (Proposed) by Danielle Sutton. (Attachments: #1 Affirmation in Support of Preliminary Injucntion, #2 Affirmation of Service - Galante, #3 Affirmation of Service - Stony Brook University, #4 Affirmation of Service - Taber) (Kanellopoulos, John) |
| Filing 1 COMPLAINT and INJUNCTIVE RELIEF against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Danielle Sutton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (Kanellopoulos, John) (Civil Cover Sheet replaced on 1/4/2019) (Corsini, Alexander). Modified on 1/4/2019 (Corsini, Alexander). |
| FILING FEE: $ 400.00, receipt number 26834 (Kanellopoulos, John) |
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