Dumornay v. The Board of Education of the Brentwood Union Free School District et al
| Gary Dumornay |
| Board of Education of the Brentwood Union Free School District,, Cynthia Ciferri, Robert Feliciano, G. Paula Moore, Julia Burgos, Simone Holder-Daniel, Trustee Maria Gonzalez-Prescod, Eileen Felix, Richard Loeschner, vincent autera, wayne loper, The Board of Education of the Brentwood Union Free School District and Maria Gonzalez-Prescod |
| 2:2021cv04429 |
| August 6, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
Docket Report
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ORDER. Whereas Plaintiff has failed to file a response to DE 8 in accordance with the undersigned's individual rules by September 3, 2021, Plaintiff is hereby directed to file a response on or before October 8, 2021. Failure to do so may result in dismissal for failure to prosecute. The pre-motion telephone conference scheduled for October 4, 2021 at 2:00 p.m. is ADJOURNED to October 28, 2021 at 10:00 a.m. Ordered by Judge Gary R. Brown on 10/1/2021. c/ecf (Tahbaz, Joseph)
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| Filing 9 STATE COURT RECORD Received from the Suffolk County Clerk's Office - Enclosing a Certified Copy of Clerk's Minutes for the E-filed Supreme Court case, Index #604689/2021, along with a copy of the Notice of Removal or 8019(c) with order. (Tirado, Chelsea) |
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ORDER granting #8 Motion for Pre Motion Conference.A pre-motion telephone conference is scheduled for October 4, 2021 at 2:00 p.m. before Judge Gary R. Brown, at which time the parties should be prepared to address defendants' anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 8. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 8 in accordance with the undersigned's individual rules by September 3, 2021. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 8/19/2021. (Meil, Stephen)
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| Filing 8 MOTION for pre motion conference and Permission to Move to Dismiss pursuant to Rule 12(b) by Vincent Autera, Julia Burgos, Cynthia Ciferri, Robert Feliciano, Eileen Felix, Maria Gonzalez-Prescod, Simone Holder-Daniel, Richard Loeschner, Wayne Loper, G. Paula Moore, The Board of Education of the Brentwood Union Free School District. (Lineen, Caroline) (Main Document 8 replaced for statistical purposes- original pdf flagged as corrupt on 10/4/2021) (Jakubowski, Laura). |
| Filing 7 NOTICE of Appearance by Lewis R. Silverman on behalf of All Defendants (aty to be noticed) (Silverman, Lewis) |
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Filing 6
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held at 11:00 AM on October 28, 2021 before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than October 21, 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 8/11/2021. (Attachments: #1 Discovery Plan Worksheet, #2 JMW Individual Rules) (Ortiz, Grisel)
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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. (Rodin, Deanna) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (Rodin, Deanna) |
| Filing 3 CERTIFICATE OF SERVICE by Board of Education of the Brentwood Union Free School District,, Julia Burgos, Cynthia Ciferri, Robert Feliciano, Eileen Felix, Maria Gonzalez-Prescod, Simone Holder-Daniel, Richard Loeschner, G. Paula Moore, vincent autera, wayne loper re #1 Notice of Removal, #2 Notice(Other), (Lineen, Caroline) |
| Filing 2 NOTICE by Board of Education of the Brentwood Union Free School District,, Julia Burgos, Cynthia Ciferri, Robert Feliciano, Eileen Felix, Maria Gonzalez-Prescod, Simone Holder-Daniel, Richard Loeschner, G. Paula Moore, vincent autera, wayne loper re #1 Notice of Removal, (Attachments: #1 Exhibit 1 Notice of Removal to EDNY) (Lineen, Caroline) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court Suffolk County, case number 604689/2021. (Filing fee $402 receipt number ANYEDC-14729162) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Exhibit A Summons with Notice, #2 Exhibit B Demand for Complaint, #3 Exhibit C Complaint, #4 Civil Cover Sheet) (Lineen, Caroline) Modified on 8/10/2021 (Rodin, Deanna). |
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