Camacho v. Nassau BOCES School District et. al.
| Julie Camacho and Julie E. Camacho |
| James Langlois, Robert Dillon, Island Psychiatry P.C., Nassau County Board of Cooperative Educational Services, John Picarello, Nassau BOCES School District, Ana Mullin, Robert Greenberg, Dr. Randall Solomon, David Koffler, Alyssa Paretti, Lawrence McGoldrick, Robert Hanna, Bonnie Heller, Island Psychiatry, PC, John Doe and Jane Doe # 1-100, Board of Cooperative Educational Services of Nassau County (BOCES), Dr. James T. Langlois, Dr. Robert R. Dillon and Dr. Robert J. Hanna |
| 2:2021cv01523 |
| March 23, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| A Kathleen Tomlinson |
| James M Wicks |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 27, 2022. A more recent docket listing may be available from PACER.
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Civil Case Terminated; Case Remanded to the Supreme Court of the State of New York, Nassau County. (CM to 100 Supreme Court Dr. Mineola) (Cubano, Jazmin)
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Filing 29
ORDER granting #17 Motion to Dismiss; granting #18 Motion to Dismiss for Failure to State a Claim: For the reasons discussed in the attached, the motions to dismiss are GRANTED. The Court declines to exercise supplemental jurisdiction over the remaining state law claims. The Clerk of Court is respectfully directed to remand the action to the Supreme Court of the State of New York, Nassau County. Ordered by Judge Denis R. Hurley on 1/27/2022. (Ready, John)
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ORDER. The Status Conference scheduled for 1/3/2022 is hereby adjourned sine die. Ordered by Magistrate Judge James M. Wicks on 12/29/2021. (Weinstein, Tracy)
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Filing 28
ORDER. Defendants' unopposed Motion to Stay Discovery #24 is hereby granted. See attached Order for further details. Ordered by Magistrate Judge James M. Wicks on 10/25/2021. (Weinstein, Tracy)
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Filing 27
Letter to Hon. James M. Wicks by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello (Lineen, Caroline)
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Filing 26
AFFIDAVIT/DECLARATION in Support re #24 Notice of MOTION to Stay Discovery filed by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Attachments: #1 Exhibit A-Emails) (Lineen, Caroline)
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Filing 25
MEMORANDUM in Support re #24 Notice of MOTION to Stay Discovery filed by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Lineen, Caroline)
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Filing 24
Notice of MOTION to Stay Discovery by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Lineen, Caroline)
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Filing 23
REPLY in Support re #18 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction Reply Memorandum of Law in Further Support filed by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Lineen, Caroline)
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Filing 22
AFFIDAVIT/DECLARATION in Opposition re #18 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction Declaration in Opposition of Plaintiff's Counsel filed by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Attachments: #1 Exhibit A Summons and Complaint, #2 Exhibit B Affidavits of Service) (Lineen, Caroline)
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Filing 21
MEMORANDUM in Opposition re #18 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction Plaintiff's Memorandum of Law in Opposition filed by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Lineen, Caroline)
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Filing 20
MEMORANDUM in Support re #18 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction Memorandum of Law in Support of Motion to Dismiss filed by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Lineen, Caroline)
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Filing 19
AFFIDAVIT/DECLARATION in Support re #18 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction filed by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Attachments: #1 Exhibit A Summons and Complaint, #2 Exhibit B Letter Directing 913 Exam, #3 Exhibit C Minutes with Termination, #4 Exhibit D 5/2015 DHR Complaint, #5 Exhibit E 1/2016 Amended DHR Complaint, #6 Exhibit F DHR Determination and Order, #7 Exhibit G 1/31/17 Decision and Order of Nassau Supreme Court, #8 Exhibit H 1/20/16 Decision and Order of Nassau Supreme Court, #9 Exhibit I 11/23/18 Notice of Claim, #10 Exhibit J 4/18/14 Notice of Claim, #11 Exhibit K Excerpts from 1/8/19 50-h Examination, #12 Exhibit L Affidavits of Service) (Lineen, Caroline)
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Filing 18
MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello. (Lineen, Caroline)
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Filing 17
MOTION to Dismiss by Randall Solomon. (Attachments: #1 Affidavit in Support Affidavit in Support or Motion to Dismiss, #2 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss, #3 Exhibit Movant Exh A Summons and Complaint, #4 Memorandum in Opposition Plaintiff's papers in opposition: Memo of Law, Declaration and Exhibit,, #5 Declaration Reply Declaration in Support) (Devine, William)
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Filing 16
SCHEDULING ORDER: Please See Order for Further Deadline and Hearing Details. So Ordered by Magistrate Judge James M. Wicks on 7/21/2021. (Ortiz, Grisel)
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Filing 15
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel For Plaintiff: Lucia Maria Ciaravino. Counsel For Defendants: Caroline Beth Lineen and William Robert Devine. Video Initial Conference Hearing held on 7/21/2021 at 9:30 AM. The Court adopted and So Ordered the joint proposed Scheduling Order previously submitted by the parties: with revisions, please see the Scheduling Order entered as a separate entry. A Status Conference is set for January 3, 2022 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. An in-person Pretrial Conference is set for March 21, 2022 at 2:30 PM in courtroom 1020. If the assigned district judge requires one, a joint proposed pretrial order in compliance with that judge's requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #9:32-9:48 (video).)(Ortiz, Grisel)
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Filing 14
Proposed Scheduling Order by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello (Lineen, Caroline)
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ORDER granting #13 Motion for Extension of Time to File Response/Reply: Plaintiff's application to amend the briefing schedule on the motion to dismiss, on consent, is GRANTED. Plaintiff shall serve, but not file, opposing papers on or before July 14, 2021; Defendants shall serve their reply papers, if any, and file all papers with the Court including a courtesy copy for Chambers on or before July 28, 2021. Counsel are reminded to address requests to amend a scheduling order (including briefing scheduling orders) to the judge who entered the order. Ordered by Judge Denis R. Hurley on 7/14/2021. (Ready, John)
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Filing 13
Letter MOTION for Extension of Time to File Response/Reply as to Order,,, on Consent Regarding Defendants' Motions to Dismiss Plaintiff's Complaint by Julie E. Camacho. (Attachments: #1 Exhibit Attachment: Letter dated 6-30-21 Regarding Request for Adjournment on Consent of Motion Schedule) (Liotti, Thomas)
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ORDER: The in-Person Conference scheduled for 7/21/2021 will be held via Video Zoom. A link will be emailed to the parties listed on the docket. So Ordered by Magistrate Judge James M. Wicks on 6/24/2021. (Ortiz, Grisel)
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Filing 12
INITIAL CONFERENCE SCHEDULING ORDER: An in-person initial conference will be held at 9:30 PM on July 21, 2021 before Magistrate Judge James M. Wicks in Courtroom 1020. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than July 14, 2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 6/7/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Ortiz, Grisel)
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Case reassigned to Magistrate Judge James M. Wicks. Magistrate Judge A. Kathleen Tomlinson 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. (Florio, Lisa)
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Filing 11
NOTICE of Appearance by William Robert Devine on behalf of Island Psychiatry, PC, Randall Solomon (aty to be noticed) (Devine, William)
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SCHEDULING ORDER: The Initial Conference scheduled for May 28, 2021 is adjourned until further notice from the Court. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/21/2021. (Ameri, Mana)
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ORDER re #8 , #9 Letters Requesting Pre-Motion Conference: The Court is in receipt of the Nassau BOCES Defendants and Dr. Solomon's requests for a pre-motion conference regarding anticipated motions to dismiss. More than ten (10) days have passed since service of each, and Plaintiff has not responded. Accordingly, the Court waives its requirement for a pre-motion conference and sets the following briefing schedule consistent with the Court's bundle rule: Defendants shall serve, but not file, their moving papers on or before May 28, 2021; Plaintiff shall serve, but not file, opposing papers on or before June 30, 2021; Defendants shall serve their reply papers, if any, and file all papers with the Court including a courtesy copy for Chambers on or before July 16, 2021. Ordered by Judge Denis R. Hurley on 4/27/2021. (Ready, John)
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Filing 10
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for May 28, 2021 at 10:00 A.M. before Magistrate Judge A. Kathleen Tomlinson. The Initial Conference will be conducted by telephone. Counsel are directed to utilize the Court's teleconferencing line at (866) 590-5055, access code 9720458, at the time of the conference. 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 4/26/2021. (Ameri, Mana)
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Filing 9
Letter motion for conference to request permission to move to dismiss pursuant to FedRCivP 12(b)(6) by Island Psychiatry, PC, Randall Solomon (Lee, Brian)
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Filing 8
Letter Requesting Pre-Motion Conference re: Rule 12(b) Motion to Dismiss by Board of Cooperative Educational Services of Nassau County (BOCES), Robert R. Dillon, Robert Greenberg, Robert J. Hanna, Bonnie Heller, David Koffler, James T. Langlois, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello (Lineen, Caroline)
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Filing 7
ORDER OF RECUSAL: it is requested that the Clerk of the Court reassign this matter to a District Judge from the Long Island wheel. Ordered by Judge Gary R. Brown on 3/26/2021. (Judge Gary R. Brown recused. Case randomly reassigned to Judge Denis R. Hurley for all further proceedings.) (Florio, Lisa)
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Filing 6
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)
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Filing 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
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Incorrect Case/Document Entry Information. Re-entered the Civil Cover Sheet (Attachment No. 2 in Document Entry No. 2) as Attachment No. 3 in Document Entry No. 1. (Flanagan, Doreen)
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Case Assigned to Judge Gary R. Brown and Magistrate Judge A. Kathleen Tomlinson. 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)
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Filing 4
NOTICE of Appearance by Lewis R. Silverman on behalf of Robert Greenberg, Bonnie Heller, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello, Robert R. Dillon, Robert J. Hanna, James T. Langlois, Board of Cooperative Educational Services of Nassau County (BOCES) and David Koffler (aty to be noticed) (Silverman, Lewis) Modified on 3/24/2021 (Flanagan, Doreen).
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Filing 3
CERTIFICATE OF SERVICE by Robert Greenberg, Bonnie Heller, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello, Robert R. Dillon, Robert J. Hanna, James T. Langlois, Board of Cooperative Educational Services of Nassau County (BOCES) and David Koffler re #2 Notice(Other), #1 Notice of Removal, (Lineen, Caroline) Modified on 3/24/2021 (Flanagan, Doreen).
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Filing 2
NOTICE Notice to Adverse Party by Robert Greenberg, Bonnie Heller, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello, Robert R. Dillon, Robert J. Hanna, James T. Langlois, Board of Cooperative Educational Services of Nassau County (BOCES) and David Koffler. (Attachments: #1 Exhibit 1 Notice of Removal, #2 Exhibit 2 Civil Cover Sheet) (Lineen, Caroline) Modified on 3/24/2021 (Flanagan, Doreen).
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Nassau, Case Number 602222/2021 by Robert Greenberg, Bonnie Heller, Lawrence McGoldrick, Ana Mullin, Nassau BOCES School District, Alyssa Paretti, John Picarello, Robert R. Dillon, Robert J. Hanna, James T. Langlois, Board of Cooperative Educational Services of Nassau County (BOCES) and David Koffler. Was the Disclosure Statement on the Civil Cover Sheet completed - No. ( Filing fee $ 402 receipt number ANYEDC-14303207) (Attachments: #1 Exhibit A Summons and Complaint, #2 Exhibit B Affirmation of Consent) (Lineen, Caroline) Modified on 3/24/2021 (Flanagan, Doreen). (Additional attachment(s) added on 3/24/2021: #3 Civil Cover Sheet) (Flanagan, Doreen).
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