Killoran et al v. Westhampton Beach School District et al
| Terrie Killoran, Christian Killoran and Aiden Killoran |
| Westhampton Beach School District and Mary Ann Ambrosini |
| 2:2021cv03264 |
| June 9, 2021 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| Civil Rights: Education |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.
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Filing 14
CERTIFICATE OF SERVICE by Mary Ann Ambrosini, Westhampton Beach School District of Electronic Order dated 8/6/21 (Leahey, Anne)
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ORDER granting #12 Motion for Extension of Time to File (hereafter, "Extension Request"): "[D]ue to 'office volume and personal and family health issues'," Defendants' counsel request a "two-week extension of the Court-ordered briefing schedule for Defendants' Motion to Dismiss", to which Plaintiffs "decline[] to provide consent." (See Extension Request; see also July 21, 2021 Elec. Briefing Order.) While office volume, often referred to as "press of business," is not generally found to be good cause warranting an extension, see, e.g., Shemendera v. First Niagara Bank, N.A., 288 F.R.D. 251 (W.D.N.Y. 2012), the Court finds personal and family health issues to be such good cause. Moreover, where, as here, (1) the requesting party makes its request well in advance of the Court's deadline, (2) there is no indication that the short extension would prejudice the opposing party, and (3) the case can still proceed expeditiously, the Court would expect the opposing party to consent to the requested extension as a professional courtesy. See, e.g., Remer v. Sebelius, No. 13-CV-7110, 2014 WL 1202989, at *1 and n.3 (S.D.N.Y. Mar. 24, 2014). Upon consideration of the Extension Request, and "[g]iven the wide discretion afforded to it, the Court finds defense counsel's request for an extension to be reasonable, as she has provided a sufficient rationale to justify it, there is no evidence of bad faith or prejudice to Plaintiff[s,] and this is the first application for an extension of time." Id. Accordingly, the Court's July 21, 2021 Briefing Order is amended as follows:(1) by no later than September 10, 2021, Defendants are to serve and file their motion to dismiss;(2) by no later than October 14, 2021, Plaintiffs are to serve and file their response; and(3) by no later than 14 days after Plaintiffs serve and file their response, Defendants are to serve and file their reply, if any.Thereafter, the parties are to promptly provide Chambers with courtesy copies of their filings. Ordered by Judge Joanna Seybert on 8/6/2021. c/ECF (Killigrew, Patricia)
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Filing 13
CERTIFICATE OF SERVICE by Mary Ann Ambrosini, Westhampton Beach School District of letter request for adjournment of motion to dismiss (Leahey, Anne)
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Filing 12
First MOTION for Extension of Time to File Motion to Dismiss by Mary Ann Ambrosini, Westhampton Beach School District. (Leahey, Anne)
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Filing 11
CERTIFICATE OF SERVICE by Mary Ann Ambrosini, Westhampton Beach School District of Electronic Order regarding Pre-Motion Conference (Leahey, Anne)
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ORDER granting in part and denying in part #9 Motion for Pre Motion Conference: Defendants' request for a pre-motion conference on their anticipated motion to dismiss, to which Plaintiffs have not responded, is granted to the extent the Court sets the following briefing schedule:(1) by no later than August 27, 2021, Defendants are to serve and file their motion to dismiss;(2) by no later than September 30, 2021, Plaintiffs are to serve and file their response; and(3) by no later than October 15, 2021, Defendants are to serve and file their reply, if any.Thereafter, the parties are to promptly provide Chambers with courtesy copies of their filings. Ordered by Judge Joanna Seybert on 7/21/2021. c/ECF (Killigrew, Patricia)
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Filing 10
CERTIFICATE OF SERVICE by Mary Ann Ambrosini, Westhampton Beach School District of ECF DOC. 9 (Leahey, Anne)
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Filing 9
MOTION for pre motion conference to dismiss for lack of subject matter jurisdiction by Mary Ann Ambrosini, Westhampton Beach School District. (Leahey, Anne)
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Filing 8
AFFIDAVIT of Service Re: Complaint - NO SUMMONS ISSUED served on WESTHAMPTON BEACH SCHOOL DISTRICT on 6/15/2021, filed by Aiden Killoran, Christian Killoran, Terrie Killoran. (Valle, Christine)
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Filing 7
CERTIFICATE OF SERVICE by Mary Ann Ambrosini, Westhampton Beach School District of Notice of Appearance (Leahey, Anne)
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Filing 6
NOTICE of Appearance by Anne C. Leahey on behalf of All Defendants (aty to be noticed) (Leahey, Anne)
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Filing 5
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. (Cox, Dwayne)
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Filing 4
Notice of Related Cases: 17-cv-866-GRB-SIL, 17-cv-3553-ADS-SIL, 18-cv-3389-JS-SIL, 19-cv-2418-JS-SIL, 19-cv-3298-JS-SIL, 19-cv-5078-JS-SIL, 20-cv-4121-JS-SIL, 20-cv-4763-JS-SIL and 21-cv-1281-JS-SIL The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne)
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Filing 3
Letter from Pro Se Office to Plaintiffs advising them of the case number and Judge(s) assigned. All appropriate case opening documents included in mailing. CM 6/10/21 (Grady, Jessica)
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ELECTRONIC ORDER granting #2 Motion for Leave to Allow Pro Se Party to Electronically File: The pro se party shall promptly register for ECF; registration is available online at www.pacer.gov. The Clerk is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 6/10/2021. (Killigrew, Patricia)
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Filing 2
MOTION for leave to allow Pro Se to Electronically File by Christian Killoran. (Cox, Dwayne)
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Filing 1
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Christian Killoran, Terrie Killoran. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (Cox, Dwayne)
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FILING FEE: $ 402.00, receipt number 31206 (Cox, Dwayne)
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