Spero v. Vestal Central School District et al
| Debra Spero |
| Vestal Central School District, Jeffrey Ahearn, Albert A. Penna, Deborah Caddick, Clifford Kasson and Katherine Dyer |
| 3:2017cv00007 |
| January 3, 2017 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Broome |
| David E. Peebles |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
114
DECISION AND ORDER that Defendants' motion for summary judgment (Dkt. No. 101 ) is GRANTED in part and DENIED in part. Plaintiff's cross-motion for summary judgment (Dkt. No. 104 ) is DENIED, and Plaintiff's motion for a permanent injunction (Dkt. No. 104 ) is DENIED. The Clerk is directed to terminate Jeffrey Ahearn and Albert A. Penna as Defendants in this action. Counsel are directed to appear on January 29, 2020 at 10:00 AM in Syracuse, NY for a pretria l conference, at which time counsel are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time. Plaintiff is further directed to forward a written settlement demand to De fendants no later than January 8, 2020, and the parties are directed to engage in meaningful settlement negotiations before the conference. In the event that counsel feel settlement is unlikely, counsel may request to participate via telephone conference for the limited purpose of scheduling a trial date by electronically filing a letter request at least one week before the scheduled conference. Signed by Chief Judge Glenn T. Suddaby on 12/16/2019. (sal )
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Filing
77
DECISION AND ORDER granting in part and denying in part without prejudice # 58 Defendants' Motion for summary judgment and judgment on the pleadings. (1) Plaintiff's First Amendment claim (Count One) against Deborah Caddick and Clifford K asson is DISMISSED; (2) Plaintiff's First Amendment claim (Count One) against Vestal Central School District, Jeffrey Ahern, Superintendent of Schools, Albert A. Penna, Interim Principal of Vestal High School, and Vestal Central School District Board of Education SURVIVES Defendants' motion; (3) Plaintiff's substantive due process claim (Count Two) against Deborah Caddick and Clifford Kasson is DISMISSED; and (4) Plaintiff's substantive due process claim (Count Two) against V estal Central School District, Jeffrey Ahern, Superintendent of Schools, Albert A. Penna, Interim Principal of Vestal High School, and Vestal Central School District Board of Education SURVIVES Defendants' motion. This case is referred back to Magistrate Judge Peebles for the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 9/4/18. (lmw)
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