Zubko-Valva et al v. The County of Suffolk et al
| Justyna Zubko-Valva |
| Michael Valva, Childrens Law Bureau, CPS Supervisor Edward Heepe, CPS Investigator Lydia Sabosto, CPS Supervisor Jean Montague, Principal Edward Schneyer, CPS Senior Caseworker Michele Clark, CPS Assistant Director Robert Leto, The Legal Aid Society of Suffolk County, Inc., School Superintendent Charles Russo, Orsetti & Curti PLLC, CPS Investigator Jennifer Lantz, Angela Pollina, Attorney For Children Donna McCabe, Esq., The County of Suffolk, Hope Schwartz Zimmerman, Shana Curti, Esq., The Law Office of Donna McCabe, CPS Investigator Melissa Estrada, East Moriches Union Free School District, Attorney For Children Ethan Halpern, Esq. and Department of Social Services County Attorney Rand Ratje, Esq. |
| 2:2020cv02663 |
| June 16, 2020 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Edward R Korman |
| Arlene R Lindsay |
| Steven Tiscione |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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Filing 84
ORDER granting in part and denying in part #59 MOTION to Dismiss for Failure to State a Claim filed by Attorney For Children Donna McCabe, Esq., The Law Office of Donna McCabe, #58 Notice of MOTION to Dismiss for Failure to State a Claim filed by Hope Schwartz Zimmerman, #70 MOTION to Dismiss for Failure to State a Claim filed by The Legal Aid Society of Suffolk County, Inc., Attorney For Children Ethan Halpern, Esq., #64 MOTION to Dismiss for Failure to State a Claim filed by Shana Curti, Esq., Orsetti & Curti PLLC *** The New York law claims for legal malpractice may proceed against Ms. McCabe, the Law Office of Donna McCabe, Mr. Halpern, and the Legal Aid Society of Suffolk County. The New York law claims for wrongful death, negligence, and conscious pain and suffering may proceed against Ms. McCabe and Mr. Halpern. The rest of the claims against Ms. McCabe, Ms. Curti, Mr. Halpern, the Children's Law Bureau, and Judge Zimmerman are DISMISSED. No claims have been brought against Orsetti & Curti PLLC, so that defendant is DISMISSED from this case. Ordered by Judge Edward R. Korman on 6/17/2022. (De Palma, Lolita)
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Filing 83
ORDER granting in part and denying in part #63 MOTION to Dismiss for Failure to State a Claim filed by School Superintendent Charles Russo, Principal Edward Schneyer, East Moriches Union Free School District *** The New York law claims for wrongful death, conscious pain and suffering, IIED, and violation of Social Services Law section 413 may proceed against the School Defendants. The New York law claim for negligent hiring, training, and retention may proceed against East Moriches Union Free School District. The rest of the claims against the School Defendants are DISMISSED. Ordered by Judge Edward R. Korman on 6/17/2022. (De Palma, Lolita)
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Filing 82
SCHEDULING ORDER: An Initial Conference is scheduled for July 13, 2022 at 11:15 a.m. by telephone before Magistrate Judge Arlene R. Lindsay. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. The parties are directed to meet and confer regarding the attached Amended Rule 26(f) Meeting Plan. The plan must be submitted by July 11, 2022. Ordered by Magistrate Judge Arlene R. Lindsay on 6/16/2022. c/ecf (Imrie, Robert)
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Filing 81
ORDER granting in part and denying in part #78 Motion to Dismiss for Failure to State a Claim *** The section 1983 claims for deliberate indifference, denial of the right to a fair trial, and stigma plus may proceed against CPS defendants Clark, Heepe, Leto, Lantz, and Estrada in their individual capacities. The section 1983 municipal liability claim may proceed against Suffolk County. The rest of the claims are DISMISSED. Ordered by Judge Edward R. Korman on 6/15/2022. (De Palma, Lolita). (Main Document 81 replaced on 6/17/2022 with a revised order correcting minor errata) (Cohen, Talia).
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ORDER denying #44 Motion for Default Judgment; ORDER re #44 MOTION for Default Judgment against Defendant Michael Valva filed by Justyna Zubko-Valva, #45 MOTION for Default Judgment against Defendant Angela Pollina filed by Justyna Zubko-Valva *** The motions for default judgments against defendants Michael Valva and Angela Pollina are denied without prejudice to renewal after I decide the pending motions to dismiss. Ordered by Judge Edward R. Korman on 3/23/2022. (De Palma, Lolita)
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ORDER: In light of the pending motions, the July 21, 2021 conference is adjourned without date. Another conference date will be set under a separate order. Ordered by Magistrate Judge Arlene R. Lindsay on 7/20/2021. c/ecf (Imrie, Robert)
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ORDER: An Initial Conference is scheduled for July 21, 2021 at 11:20 am by telephone before Magistrate Judge Arlene R. Lindsay. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. Ordered by Magistrate Judge Arlene R. Lindsay on 6/30/2021. c/ecf (Imrie, Robert)
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ORDER REASSIGNING CASE. Case reassigned to Judge Edward R. Korman for all further proceedings. Judge Joan M. Azrack 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 Margo K. Brodie on 6/29/2021. (Bowens, Priscilla)
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| Filing 80 REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Rider A to Rule 26(f) Report) (Norinsberg, Jon) |
| Filing 79 EXHIBIT A Part 1to Suffolk County Defendants Motion to Dismiss by CPS Senior Caseworker Michele Clark, CPS Investigator Melissa Estrada, CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, Department of Social Services County Attorney Rand Ratje, Esq., CPS Investigator Lydia Sabosto, The County of Suffolk. Related document: #78 Fully Briefed MOTION to Dismiss for Failure to State a Claim filed by CPS Assistant Director Robert Leto, CPS Supervisor Jean Montague, Department of Social Services County Attorney Rand Ratje, Esq., The County of Suffolk, CPS Senior Caseworker Michele Clark, CPS Investigator Lydia Sabosto, CPS Investigator Jennifer Lantz, CPS Investigator Melissa Estrada, CPS Supervisor Edward Heepe. (Attachments: #1 Exhibit A Part 2 to Suffolk County Defendants Motion to Dismiss) (Mitchell, Brian) |
| Filing 78 Fully Briefed MOTION to Dismiss for Failure to State a Claim by CPS Senior Caseworker Michele Clark, CPS Investigator Melissa Estrada, CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, CPS Supervisor Jean Montague, Department of Social Services County Attorney Rand Ratje, Esq., CPS Investigator Lydia Sabosto, The County of Suffolk. (Attachments: #1 Notice of Motion, #2 Declaration, #3 Memorandum in Support, #4 Memorandum in Support Reply Memorandum, #5 Exhibit B, #6 Memorandum in Opposition) (Mitchell, Brian) |
| Filing 77 Letter MOTION for Leave to Electronically File Document under Seal as Exhibits to County's 12b6 motion by CPS Senior Caseworker Michele Clark, CPS Investigator Melissa Estrada, CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, CPS Supervisor Jean Montague, CPS Investigator Lydia Sabosto, The County of Suffolk. (Mitchell, Brian) |
| Filing 76 REPLY in Support re #70 MOTION to Dismiss for Failure to State a Claim Reply Memo of Law in Further Support filed by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Bruno, Jonathan) |
| Filing 75 REPLY in Support re #74 Reply in Support, Exhibit A to Bruno Declaration filed by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Bruno, Jonathan) |
| Filing 74 REPLY in Support re #70 MOTION to Dismiss for Failure to State a Claim Reply Declaration of Jonathan B. Bruno filed by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Bruno, Jonathan) |
| Filing 73 MEMORANDUM in Opposition re #70 MOTION to Dismiss for Failure to State a Claim of Plaintiff filed by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Bruno, Jonathan) |
| Filing 72 MEMORANDUM in Support re #70 MOTION to Dismiss for Failure to State a Claim filed by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Bruno, Jonathan) |
| Filing 71 AFFIDAVIT/DECLARATION in Support re #70 MOTION to Dismiss for Failure to State a Claim filed by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Attachments: #1 Exhibit A- Complaint) (Bruno, Jonathan) |
| Filing 70 MOTION to Dismiss for Failure to State a Claim by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Bruno, Jonathan) |
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ORDER granting #77 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Joan M. Azrack on 6/18/2021. (Walsh, Catherine)
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| Filing 69 REPLY in Support re #67 MOTION to Dismiss for Failure to State a Claim filed by East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer. (Endrizzi, Laura) |
| Filing 68 REPLY in Opposition re #67 MOTION to Dismiss for Failure to State a Claim by plaintiff filed by East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer. (Endrizzi, Laura) |
| Filing 67 MOTION to Dismiss for Failure to State a Claim by East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer. (Attachments: #1 Declaration, #2 Complaint, #3 CPS reports, #4 CPS reports, #5 Memorandum in Support) (Endrizzi, Laura) |
| Filing 66 MEMORANDUM in Support re #64 MOTION to Dismiss for Failure to State a Claim in Reply and further support filed by Shana Curti, Esq., Orsetti & Curti PLLC. (Hock, Anna) |
| Filing 65 REPLY in Opposition re #64 MOTION to Dismiss for Failure to State a Claim By Plaintiff filed by Shana Curti, Esq., Orsetti & Curti PLLC. (Hock, Anna) |
| Filing 64 MOTION to Dismiss for Failure to State a Claim by Shana Curti, Esq., Orsetti & Curti PLLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A.sum.complaint, #3 Exhibit B. exhibits to complaint, #4 Exhibit C. curti answer, #5 Exhibit D. Curti ltrs 9.20.16 and 5.30.17, #6 Exhibit E. Fraudulent letter, #7 Exhibit F. decision and order 6.27.19, #8 Exhibit G. 9.6.17 min of proceedings, #9 Exhibit H. Complaint - divorce, #10 Exhibit I. Order appoint atty for children, #11 Exhibit J. Order appoint Forensic Evaluator, #12 Affidavit of Service, #13 Affidavit of Service mailing) (Hock, Anna) |
| Incorrect Case/Document/Entry Information., Motions terminated, docketed incorrectly: #63 MOTION to Dismiss for Failure to State a Claim filed by School Superintendent Charles Russo, Principal Edward Schneyer, East Moriches Union Free School District. This filing is supporting and opposing paperwork re #63 Motion to Dismiss for Failure to State a Claim. (Florio, Lisa) |
| Filing 63 MOTION to Dismiss for Failure to State a Claim by East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer. (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - 3 Reports filed with CPS, #3 Exhibit C - 7 Reports filed with CPS, #4 Memorandum of Law in Support, #5 Plaintiff's Opposition to Motion to Dismiss, #6 Defendant's Reply Memorandum of Law, #7 Affidavit of Service by E-Mail on December 18, 2020, #8 Affidavit of Service by E-Mail on June 16, 2021, #9 Certificate of Service) (Gasser, Christine) |
| Filing 62 First MOTION to Dismiss for Failure to State a Claim by East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer. (Gasser, Christine) |
| Filing 61 MEMORANDUM in Opposition re #60 Reply in Opposition, #59 MOTION to Dismiss for Failure to State a Claim filed by Attorney For Children Donna McCabe, Esq., The Law Office of Donna McCabe. (Boranian, Michael) |
| Filing 60 REPLY in Opposition re #59 MOTION to Dismiss for Failure to State a Claim Plaintiff's Reply filed by Attorney For Children Donna McCabe, Esq., The Law Office of Donna McCabe. (Boranian, Michael) |
| Filing 59 MOTION to Dismiss for Failure to State a Claim by Attorney For Children Donna McCabe, Esq., The Law Office of Donna McCabe. (Boranian, Michael) |
| Filing 58 Notice of MOTION to Dismiss for Failure to State a Claim by Hope Schwartz Zimmerman. (Attachments: #1 Memorandum in Support by Defendant Zimmerman, #2 Memorandum in Opposition by Plaintiff, #3 Memorandum in Support Reply memorandum of law by Defendant Zimmerman) (Pack, Lori) |
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Filing 57
ORDER: Rule 26 Meeting Report due by June 28, 2021. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 5/26/2021. (Attachments: #1 Rule 26(f) form) c/ecf (Imrie, Robert)
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ORDER granting #56 Motion for Extension of Time to File Response/Reply. Plaintiff shall serve her opposition briefs by May 17, 2021. Defendants shall serve their reply briefs and file the fully briefed motions on ECF by June 18, 2021. The Court grants permission for Plaintiff to file a 40 page brief in opposition to the Suffolk County Defendants' motion; and grants the Suffolk County Defendants permission to file a reply brief with 10 additional pages. Ordered by Judge Joan M. Azrack on 4/13/2021. (Walsh, Catherine).
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| Filing 56 Consent MOTION for Extension of Time to File Response/Reply as to Scheduling Order, by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
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ORDER: Plaintiff's letter motion to quash a discovery motion #51 is denied. There is no discovery motion before this Court. Defendant Justice Zimmerman's application to New York State Supreme Court for court records is not a discovery motion or subpoena before this Court. Ordered by Judge Joan M. Azrack on 12/23/2020. (Walsh, Catherine).
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ORDER: Motion to dismiss #55 is terminated. The motion must be served and filed in accordance with the "bundling rule" outlined in Judge Azrack's individual rules, which states that "no motion papers shall be filed on ECF until the motion is fully briefed." Ordered by Judge Joan M. Azrack on 12/16/2020. (Walsh, Catherine).
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| Filing 55 MOTION to Dismiss for Failure to State a Claim by Attorney For Children Donna McCabe, Esq., The Law Office of Donna McCabe. (Attachments: #1 Affidavit of Donna McCabe, Esq., #2 Exhibit A - 22 NYCRR 7.2, #3 Exhibit B - Hearing Transcript, #4 Affidavit of Service for Motion & Affidavit, #5 Memorandum in Support of Notice of Motion, #6 Affidavit of Service for Memo of Law) (Boranian, Michael) |
| Filing 54 NOTICE of Appearance by Jin-Young Han on behalf of Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva) (aty to be noticed) (Han, Jin-Young) |
| Filing 53 REPLY in Opposition re #52 Response to Motion filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 52 RESPONSE to Motion re #51 Letter MOTION to Quash a discovery motion served by defendant Judge Hope Schwartz Zimmerman filed by Hope Schwartz Zimmerman. (Pack, Lori) |
| Filing 51 Letter MOTION to Quash a discovery motion served by defendant Judge Hope Schwartz Zimmerman by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Attachments: #1 Exhibit A) (Norinsberg, Jon) |
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SCHEDULING ORDER: In accordance with the parties' proposed briefing schedule, Defendants' briefs are due 12/18/2020; Plaintiff's opposition briefs are due 4/16/2021; Defendants' reply briefs are due 5/17/2021. Ordered by Judge Joan M. Azrack on 10/22/2020. (Walsh, Catherine)
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| Filing 50 Proposed Scheduling Order by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva) (Norinsberg, Jon) |
| Filing 49 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRE-MOTION CONFERENCE (Tel.). Counsel For Plaintiff: Jon L. Norinsberg, Jin Han. Counsel For Defendants: Brian C. Mitchell, Randall Rache (For Suffolk County Defendants) Michael J. Boranian (For Defendants Attorney for Children Donna McCabe, Esq. and The Law Office of Donna McCabe) Anna I. Hock (For Defendants Shana Curti, Esq. and Orsetti & Curti PLLC) Christine Gasser (For Defendants East Moriches Union Free School District, Principal Edward Schneyer and School Superintendent Charles Russo) Lori L. Pack (For Defendant Hope Schwartz Zimmerman) Jonathan B. Bruno, Michelle Lynn Vizzi (For Defendants Attorney for Children Ethan Halpern, Esq. and The Legal Aid Society of Suffolk County, Inc.). Telephone Pre Motion Conference held on 10/20/2020 at 2:30 PM. The parties are directed to confer with each other and submit a joint proposed briefing schedule for the Court's consideration by November 13, 2020. (Ortiz, Grisel) |
| Filing 48 NOTICE of Appearance by Michael J. Boranian on behalf of Attorney For Children Donna McCabe, Esq., The Law Office of Donna McCabe (aty to be noticed) (Boranian, Michael) |
| Filing 47 AFFIDAVIT of Service for Motion for Default Judgement served on Angela Pollina on October 15, 2020, filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 46 AFFIDAVIT of Service for Motion for Default Judgement served on Michael Valva on October 15, 2020, filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 45 MOTION for Default Judgment against Defendant Angela Pollina by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Attachments: #1 Plaintiff's Motion for Default Judgment, #2 Memorandum in Support, #3 Proposed Order) (Norinsberg, Jon) |
| Filing 44 MOTION for Default Judgment against Defendant Michael Valva by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Attachments: #1 Plaintiff's Motion for Default Judgment, #2 Memorandum in Support, #3 Proposed Order) (Norinsberg, Jon) |
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ORDER granting #24 Motion for Leave to File; granting #26 Motion for Pre Motion Conference; granting #27 Motion for Pre Motion Conference; granting #28 Motion for Pre Motion Conference; granting #29 Motion for Pre Motion Conference; granting #37 Motion for Pre Motion Conference. A Pre-Motion Conference is scheduled for 10/20/2020 at 2:30 PM before Judge Joan M. Azrack. The proceeding will be conducted through the AT&T teleconference center. Counsel shall dial 1-877-873-8017 and enter Access Code 4785432# at the prompt. Ordered by Judge Joan M. Azrack on 10/9/2020. (Flanagan, Doreen)
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| Filing 43 NOTICE of Appearance by Joseph Paul Muscarella on behalf of Shana Curti, Esq., Orsetti & Curti PLLC (aty to be noticed) (Muscarella, Joseph) |
| Filing 42 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Angela Pollina has failed to appear or otherwise defend this action, the default of defendant Angela Pollina is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim) |
| Filing 41 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Michael Valva has failed to appear or otherwise defend this action, the default of defendant Michael Valva is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Toritto, Jim) |
| Filing 40 Request for Certificate of Default by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva) (Attachments: #1 in Support of the Application to Clerk for Certificate of Default Pursuant to Local Civil Rule 55.1, #2 Proposed Certificate of Default) (Norinsberg, Jon) |
| Filing 39 Request for Certificate of Default by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva) (Attachments: #1 Declaration of Jon L. Norinsberg, Esq. in Support of the Application to Clerk for Certification of Default Pursuant to Local Civil Rule 55.1, #2 Proposed Certificate of Default) (Norinsberg, Jon) |
| Filing 38 RESPONSE in Opposition re #37 MOTION for pre motion conference filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 37 MOTION for pre motion conference by Shana Curti, Esq., Orsetti & Curti PLLC. (Attachments: #1 Exhibit 1. decision/order) (Wiaderna, Karolina) |
| Filing 36 RESPONSE in Opposition re #29 Letter MOTION for pre motion conference for permission to move to dismiss filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 35 SUMMONS Returned Executed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). Michael Valva served on 8/7/2020, answer due 8/28/2020. (Norinsberg, Jon) |
| Filing 34 SUMMONS Returned Executed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). Angela Pollina served on 8/7/2020, answer due 8/28/2020. (Norinsberg, Jon) |
| Filing 33 RESPONSE in Opposition re #28 Letter MOTION for pre motion conference to move to dismiss per FRCP 12(b)(6) filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 32 RESPONSE in Opposition re #27 Letter MOTION for pre motion conference filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 31 RESPONSE in Opposition re #26 Letter MOTION for pre motion conference filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 30 ANSWER to #1 Complaint,,,,, by Shana Curti, Esq., Orsetti & Curti PLLC. (Hock, Anna) |
| Filing 29 Letter MOTION for pre motion conference for permission to move to dismiss by Hope Schwartz Zimmerman. (Pack, Lori) |
| Filing 28 Letter MOTION for pre motion conference to move to dismiss per FRCP 12(b)(6) by CPS Senior Caseworker Michele Clark, CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, CPS Supervisor Jean Montague, Department of Social Services County Attorney Rand Ratje, Esq., CPS Investigator Lydia Sabosto, The County of Suffolk. (Mitchell, Brian) |
| Filing 27 Letter MOTION for pre motion conference by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Vizzi, Michelle) |
| Filing 26 Letter MOTION for pre motion conference by East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer. (Gasser, Christine) |
| Filing 25 RESPONSE in Opposition re #24 First MOTION for Leave to File Document Request for Pre-Motion Conference filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Norinsberg, Jon) |
| Filing 24 First MOTION for Leave to File Document Request for Pre-Motion Conference by Attorney For Children Donna McCabe, Esq.. (Crafa, Joseph) |
| Filing 23 NOTICE of Appearance by Jonathan B. Bruno on behalf of Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc. (aty to be noticed) (Bruno, Jonathan) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Arlene R. Lindsay for all further proceedings. Magistrate Judge Steven Tiscione 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 7/23/2020. (Bowens, Priscilla)
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| Filing 22 MOTION for Extension of Time to File Answer re #1 Complaint,,,,, by Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc.. (Vizzi, Michelle) |
| Filing 21 NOTICE of Appearance by Michelle Lynn Vizzi on behalf of Attorney For Children Ethan Halpern, Esq., The Legal Aid Society of Suffolk County, Inc. (aty to be noticed) (Vizzi, Michelle) |
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ORDER granting #22 Motion for Extension of Time to Answer: Childrens Law Bureau answer due 8/10/2020; Attorney For Children Ethan Halpern, Esq. answer due 8/10/2020; The Legal Aid Society of Suffolk County, Inc. answer due 8/10/2020. So Ordered by Magistrate Judge Steven Tiscione on 7/22/2020. (Vasquez, Lea)
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| Filing 20 NOTICE of Appearance by Anna I. Hock on behalf of Shana Curti, Esq., Orsetti & Curti PLLC (aty to be noticed) (Hock, Anna) |
| Filing 19 NOTICE of Appearance by John Joseph Meehan on behalf of All Plaintiffs (aty to be noticed) (Meehan, John) |
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ORDER granting #18 Motion for Extension of Time to Answer: Attorney For Children Donna McCabe, Esq. answer due 8/10/2020; The Law Office of Donna McCabe answer due 8/10/2020. So Ordered by Magistrate Judge Steven Tiscione on 7/16/2020. (Vasquez, Lea)
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| Filing 18 First MOTION for Extension of Time to File Answer by The Law Office of Donna McCabe. (Crafa, Joseph) |
| Filing 17 NOTICE of Appearance by Joseph R. Crafa on behalf of The Law Office of Donna McCabe (aty to be noticed) (Crafa, Joseph) |
| Filing 16 MOTION for Extension of Time to File Answer by Shana Curti, Esq., Orsetti & Curti PLLC. (Wiaderna, Karolina) |
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ORDER granting #16 Motion for Extension of Time to Answer: Shana Curti, Esq. answer due 8/10/2020; Orsetti & Curti PLLC answer due 8/10/2020. So Ordered by Magistrate Judge Steven Tiscione on 7/15/2020. (Vasquez, Lea)
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| Filing 15 NOTICE of Appearance by Karolina Maria Wiaderna on behalf of Shana Curti, Esq., Orsetti & Curti PLLC (aty to be noticed) (Wiaderna, Karolina) |
| Filing 14 NOTICE of Appearance by Gregg D. Weinstock on behalf of Shana Curti, Esq., Orsetti & Curti PLLC (aty to be noticed) (Weinstock, Gregg) |
| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint,,,,, by Hope Schwartz Zimmerman. (Pack, Lori) |
| Filing 12 NOTICE of Appearance by Lori L. Pack on behalf of Hope Schwartz Zimmerman (aty to be noticed) (Pack, Lori) |
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ORDER granting #13 Motion for Extension of Time to Answer: Hope Schwartz Zimmerman answer due 8/10/2020. So Ordered by Magistrate Judge Steven Tiscione on 7/10/2020. (Vasquez, Lea)
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| Filing 11 NOTICE of Appearance by Christine Gasser on behalf of East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer (aty to be noticed) (Gasser, Christine) |
| Filing 10 Letter MOTION for Extension of Time to File Answer re #1 Complaint,,,,, by East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer. (Endrizzi, Laura) |
| Filing 9 NOTICE of Appearance by Laura A. Endrizzi on behalf of East Moriches Union Free School District, School Superintendent Charles Russo, Principal Edward Schneyer (aty to be noticed) (Endrizzi, Laura) |
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ORDER granting #10 Motion for Extension of Time to Answer East Moriches Union Free School District answer due 8/10/2020; School Superintendent Charles Russo answer due 8/10/2020; Principal Edward Schneyer answer due 8/10/2020. So Ordered by Magistrate Judge Steven Tiscione on 7/1/2020. (Vasquez, Lea)
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| Filing 8 Letter MOTION for Extension of Time to File Answer or move to dismiss per FRCP 12(b) by CPS Senior Caseworker Michele Clark, CPS Investigator Melissa Estrada, CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, CPS Supervisor Jean Montague, Department of Social Services County Attorney Rand Ratje, Esq., CPS Investigator Lydia Sabosto, The County of Suffolk. (Mitchell, Brian) |
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ORDER granting #8 Motion for Extension of Time to 8/10/2020 to Answer for CPS Senior Caseworker Michele Clark, CPS Investigator Melissa Estrada, CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, CPS Supervisor Jean Montague, Department of Social Services County Attorney Rand Ratje, Esq., CPS Investigator Lydia Sabosto, and The County of Suffolk. So Ordered by Magistrate Judge Steven Tiscione on 6/29/2020. (Vasquez, Lea)
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| Filing 7 Request for Refund of Fees Paid Electronically approved by Michael J. Kramer, Divisional Office Manager, on 6/24/2020. |
| Filing 6 Letter MOTION for Refund of Fees Paid Electronically by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Attachments: #1 Exhibit A) (Norinsberg, Jon) |
| Filing 5 Summons Issued as to Childrens Law Bureau, CPS Senior Caseworker Michele Clark, Shana Curti, Esq., East Moriches Union Free School District, CPS Investigator Melissa Estrada, Attorney For Children Ethan Halpern, Esq., CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, Attorney For Children Donna McCabe, Esq., CPS Supervisor Jean Montague, Orsetti & Curti PLLC, Angela Pollina, Department of Social Services County Attorney Rand Ratje, Esq., School Superintendent Charles Russo, CPS Investigator Lydia Sabosto, Principal Edward Schneyer, The County of Suffolk, The Law Office of Donna McCabe, The Legal Aid Society of Suffolk County, Inc., Michael Valva, Hope Schwartz Zimmerman. (Landow, Concetta) |
| 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. (Landow, Concetta) |
| Filing 3 Proposed Summons. Re #1 Complaint,,,,, by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva) (Attachments: #1 Rider to Summons) (Norinsberg, Jon) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 1 COMPLAINT against Childrens Law Bureau, CPS Senior Caseworker Michele Clark, Shana Curti, Esq., East Moriches Union Free School District, CPS Investigator Melissa Estrada, Attorney For Children Ethan Halpern, Esq., CPS Supervisor Edward Heepe, CPS Investigator Jennifer Lantz, CPS Assistant Director Robert Leto, Attorney For Children Donna McCabe, Esq., CPS Supervisor Jean Montague, Orsetti & Curti PLLC, Angela Pollina, Department of Social Services County Attorney Rand Ratje, Esq., School Superintendent Charles Russo, CPS Investigator Lydia Sabosto, Principal Edward Schneyer, The County Of Suffolk, The Law Office Of Donna McCabe, The Legal Aid Society of Suffolk County, Inc., Michael Valva, Hope Schwartz Zimmerman Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Justyna Zubko-Valva(Individually), Justyna Zubko-Valva(as Mother and Natural Guardian of Anthony Valva and Andrew Valva, and as Administratrix of the Estate of Thomas Valva). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Norinsberg, Jon) (Additional attachment(s) added on 6/16/2020: #6 Civil Cover Sheet) (Bowens, Priscilla). Modified on 6/16/2020 (Bowens, Priscilla). (Additional attachment(s) added on 6/16/2020: #7 Proposed Summons) (Bowens, Priscilla). |
| FILING FEE: $ 400.00, receipt number ANYEDC-12932374 (Bowens, Priscilla) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Steven Tiscione. 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. (Landow, Concetta) |
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