J.F.J et al v. Great Neck Union Free School District and Board of Education et al
| J.F.J and E.Y. |
| Great Neck Union Free School District and Board of Education, Dr. Teresa Prendergast, Dr. Joseph Hickey, Dr. Kenneth Davidow, Dr. Agnieszka Dynda, Ms. Ellice Geller and Jeryl Lehmuller |
| Ms. Danielle Larson |
| 2:2022cv00966 |
| February 22, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Education |
| 20 U.S.C. § 1401 Education: Handicapped Child Act |
| None |
Docket Report
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| Filing 24 PLAINTIFFS' RESPONSE/ ANSWER to #21 Answer to Complaint, Counterclaim and Affirmative Defenses of Defendants by All Plaintiffs. (Walsh, Marion) |
| NOTICE of Hearing: To participate in the Initial Status Conference set for today, 4/8/2022 at 3:30 pm, the parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 0966#. (Weisberg, Peggy) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 4/8/2022. Counsel for both parties present by telephone. Plaintiffs' motion for judgment on the pleadings is due 30 days after the record is filed; defendants' response is due 30 days after that; plaintiff's reply is due 14 after the filing of the response. (Weisberg, Peggy) |
| Filing 23 Letter Re Preference on Administrative Record by J.F.J (Walsh, Marion) |
| Filing 22 NOTICE of Appearance by Christine Ann Lobasso on behalf of All Defendants (aty to be noticed) (Lobasso, Christine) |
ORDER re: #23 . First, it would be helpful if the parties could stipulate to proceed by an appendix consisting of each party's designations rather than the complete record. But whether they can stipulate or not, there is a greater risk of inadvertent disclosure with a hard copy of the record floating around than there is with an ECF filing under seal. All of this Court's social security disability cases, having equal confidentiality concerns, as well as other kinds of cases and documents within cases (include terrorism prosecutions with classified material), proceed under seal in this manner and the Court is unaware that there has ever been a breach. The parties are therefore directed to only file either a stipulated appendix or the complete record under seal on ECF. If the latter, they will need to work closely with the Clerk's office in ensuring a proper filing of the record because of its volume. And under either procedure, the filing will have to be indexed both in the ECF designation and within the record or appendix itself. See this Court's Individual Practice Rules pertaining to filing of a habeas corpus record as an example of how this record must be designated on ECF. Ordered by Judge Brian M. Cogan on 3/30/2022. (Weisberg, Peggy)
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| Filing 21 ANSWER to #1 Complaint, with Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by All Defendants. (Venator, Christopher) |
| Filing 20 NOTICE of Appearance by Christopher F. Venator on behalf of All Defendants (aty to be noticed) (Venator, Christopher) |
| Filing 19 SUMMONS Returned Executed by E.Y., J.F.J. Jeryl Lehmuller served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 18 SUMMONS Returned Executed by E.Y., J.F.J. Danielle Larson served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 17 SUMMONS Returned Executed by E.Y., J.F.J. Agnieszka Dynda served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 16 SUMMONS Returned Executed by E.Y., J.F.J. Ellice Geller served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 15 SUMMONS Returned Executed by E.Y., J.F.J. Kenneth Davidow served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 14 SUMMONS Returned Executed by E.Y., J.F.J. Joseph Hickey served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 13 SUMMONS Returned Executed by E.Y., J.F.J. Teresa Prendergast served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 12 SUMMONS Returned Executed by E.Y., J.F.J. (Walsh, Marion) |
| Filing 11 SUMMONS Returned Executed by E.Y., J.F.J. Great Neck Union Free School District and Board of Education served on 3/4/2022, answer due 3/25/2022. (Walsh, Marion) |
| Filing 10 NOTICE of Appearance by Marion Walsh on behalf of All Plaintiffs (aty to be noticed) (Walsh, Marion) |
| Filing 9 Summons Issued as to Agnieszka Dynda. (Landow, Concetta) |
| Filing 8 Proposed Summons. Re #1 Complaint, by J.F.J (Pal, Arshi) |
| Filing 7 APPROVED #6 Motion for Refund of Fees Paid Electronically. The $402.00 Filing Fee; Receipt # 15312678 is to be refunded. Signed, Tiffeny Lee-Harris, Case Processing Supervisor on 3/1/2022. (forwarded for processing) (Lee, Tiffeny) |
| Filing 6 First MOTION for Refund of Fees Paid Electronically Due to Duplicate Payment of Filing Fees by J.F.J. (Attachments: #1 Declaration Affirmation in support, #2 Exhibit Exhibit A to Affirmation, Receipt #1, #3 Exhibit Exhibit B to Affirmation, Receipt #2) (Pal, Arshi) |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Summons #2, #2 Summons #3, #3 Summons #4, #4 Summons #5, #5 Summons #6, #6 Summons #7, #7 Summons #8) (Landow, Concetta) (Additional attachment(s) added on 3/1/2022: #8 Summons - Great Neck School, #9 Summons - Prendergast, #11 Summons-Lehmuller, #12 Summons-Larsen, #13 Summons-Geller) (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.Civil Cover Sheet.. Re #1 Complaint, by J.F.J (Pal, Arshi) |
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SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for a telephonic Initial Status Conference on 4/8/2022 at 3:30 pm. Principal trial counsel must appear at this and all subsequent conferences. Plaintiff's counsel is directed to notify all attorneys in this action of the conference schedule in writing. Counsel shall review Judge Cogan's Individual Practices, which may be obtained on the Court's website at https://www.nyed.uscourts.gov/content/judge-brian-m-cogan. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's Rules. Ordered by Judge Brian M. Cogan on 2/25/2022. (Weisberg, Peggy)
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| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. **In view of the numbers of errors made in opening this case, counsel is strongly urged to thoroughly consult the Attorney Case Opening Manual and instructional video available on the Court's website before opening another case on ECF.** (Landow, Concetta) |
| FILING FEE: $ 402.00, receipt number 15312678 (Paid on 2/22/2022) (Landow, Concetta) |
| FILING FEE: $ 402.00, receipt number 15312345 (Paid on 2/22/2022). (Landow, Concetta) |
| ** NOTICE - FILING FEE FOR THIS CASE WAS PAID TWICE. FOR REFUND, PLEASE SUBMIT A "MOTION FOR REFUND OF FEES".** (Landow, Concetta) |
| Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically on page 2 the NY-E Division of Business Rule 50.1(d)(2)section of the document; You must answer "YES" to the Second Question if it is Nassau/Suffolk. You answered "NO". The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Landow, Concetta) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by E.Y., J.F.J. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Summons #1, #5 Summons #2, #6 Summons #3, #7 Summons #4, #8 Summons #5, #9 Summons #6, #10 Summons #7, #11 Summons #8) (Landow, Concetta) |
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