SG v. Shenendehowa Central School District et al
| SG |
| Board of Education of the Shenendehowa Central School District, Shenendehowa Central School District and Dr. L. Oliver Robinson |
| 1:2019cv00139 |
| February 4, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Civil Rights: Education |
| 20 U.S.C. ยง 1415 IDEA: Challenge decision re education for handicapped |
| None |
Docket Report
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| Filing 8 Letter Motion from Brenda Gibbs for SG requesting discontinuance submitted to Judge Brenda K. Sannes . (Attachments: #1 Exhibit(s))(Gibbs, Brenda) |
Filing 7
TEXT ORDER granting #6 Letter Request. The telephone conference scheduled for 2/8/2019 is hereby adjourned without date and the #4 Motion will be held in abeyance at this time. Plaintiff's counsel is directed to file a status report no later than 2/22/2019. SO ORDERED by Judge Brenda K. Sannes on 2/7/2019. (rjb, )
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| Filing 6 Letter Motion from Brenda Gibbs for SG requesting Adjournment submitted to Judge Brenda K. Sannes . (Gibbs, Brenda) |
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Filing 5
TEXT ORDER: The Court has reviewed Plaintiffs' Ex Parte Application for Temporary Restraining Order and Order to Show Cause. (Dkt. No. #4 ). Although Ms. Gibbs, S.G.'s mother and attorney, states that she "informed [Defendants'] counsel that Plaintiff had filed this action and that Plaintiff intended to file an order to show cause to seek the court's assistance in enforcing the pendency claim of S.G. for home instruction services, (Dkt. No. [4-10], at 1), there is no indication that Ms. Gibbs has served this application on Defendants. See N.D.N.Y. L.R. 7.1(f) ("The moving party must serve any application for a temporary restraining order on all other parties unless Fed. R. Civ. P. 65 otherwise permits."). Further, the ex parte application fails to provide "specific facts... clearly show[ing] that immediate and irreparable injury... will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65 (b)(1)(A). Accordingly, Plaintiffs are directed to serve Defendants' counsel via email with a copy of the Complaint, Application for Temporary Restraining Order, and this Text Order and file proof of service by 12:00 p.m. on 2/7/2019. Defendants shall file a response to Plaintiffs' Application for a Temporary Restraining Order by 2/13/2019. The Court will hold a telephone conference on this matter on Friday 2/8/2019 at 2:30 p.m. Plaintiffs' counsel is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. SO ORDERED by Judge Brenda K. Sannes on 2/6/2019. (rjb, )
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| Filing 4 Emergency MOTION for Temporary Restraining Order by SG. (Attachments: #1 Affirmation, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Memorandum of Law)(Gibbs, Brenda) (Attachment 5 replaced on 2/11/2019) (mgh, ). (Attachment 6 replaced on 2/11/2019) (mgh, ). (Attachment 7 replaced on 2/11/2019) (mgh, ). (Attachment 8 replaced on 2/11/2019) (mgh, ). (Attachment 9 replaced on 2/11/2019) (mgh, ). |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/6/2019 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/29/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 Summons Issued as to Board of Education of the Shenendehowa Central School District, L. Oliver Robinson, Shenendehowa Central School District. (Attachments: #1 Summons Issued as to the Board of Education, #2 Summons Issued as to L. Oliver Robinson)(mgh) |
| Filing 1 COMPLAINT against Board of Education of the Shenendehowa Central School District, L. Oliver Robinson, Shenendehowa Central School District (Filing fee $400 receipt number ANYNDC-4639846) filed by SG. (Attachments: #1 Civil Cover Sheet)(mgh) |
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