Avaras v. Clarkstown Central School District et al
| Connie Avaras |
| Clarkstown Central School District, Clarkstown Board of Education, New York State Department of Education, Arnold Fucci, Meredith Grant, Lisa Maher, Eileen Mahone, Wendy Brandenburg and Carol Melnick |
| 1:2015cv09679 |
| December 8, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Rockland |
| Unassigned |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
156
OPINION & ORDER: For the foregoing reasons, Plaintiff's motion to reject DeCrescenzo's charging lien as invalid is GRANTED in part and DENIED in part. Plaintiff's motion is GRANTED as to Plaintiff's request to deem the lien as waived and DENIED in all other respects. Although the Court finds that DeCrescenzo's Section 475 charging lien is validly asserted over Plaintiff's settlement funds from the instant action, the Court concludes that the enforcement of the lien was waived due to DeCrescenzo's unreasonable delay in asserting the lien. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 145. (Signed by Judge Nelson Stephen Roman on 12/2/2021) (ate)
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Filing
132
ORDER: On February 9, 2021 the Court issued an opinion and order stating The Third Amended Complaint is dismissed without prejudice to a re-filing within twenty days. Any new pleading must properly allege claims for which NYSED is a proper party. If Avaras fail[s] to re-plead properly, or to move for an extension of time together with a showing of cause, I will dismiss the complaint with prejudice." (ECF No. 129) By letter dated March 5, 2021, New York State Department of Educatio n Filed a letter requesting dismissal with prejudice due to Plaintiff's failure to file amended complaint. (ECF No. 79.) Therefore, the claims previously dismissed without prejudice are dismissed with prejudice. The Clerk of Court is directed to terminate this case. So Ordered. (Signed by Judge Nelson Stephen Roman on 9/10/2021) (js)
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Filing
129
OPINION & ORDER re: 128 LETTER MOTION to Adjourn Conference and renew request for the Court to grant SED's motion to dismiss addressed to Judge Nelson Stephen Roman from Elyce N. Matthews dated February 9, 2021. filed by New Yor k State Department of Education, 115 MOTION to Dismiss Plaintiff's Third Amended Complaint. filed by New York State Department of Education. The Third Amended Complaint is dismissed without prejudice to a re-filing within twenty days. Any new pleading must properly allege claims for which NYSED is a proper party. If Avaras fail to re-plead properly, or to move for an extension of time together with a showing of cause, I will dismiss the complaint with prejudice. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 115 and 128. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/9/21) (yv)
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Filing
104
ORDER: The Court now directs Plaintiff to file a third amended complaint, which will completely replace, not supplement, the operative complaint. While leave to amend is to be freely given, "piecemeal pleading" is impermissible. See, e.g ., Zito v. Leasecomm Corp., No. 02 CIV.8074 GEL, 2004 WL 2211650, at *26 (S.D.N.Y. Sept. 30, 2004). Rule 8 of the Federal Rules of Civil Procedure requires that a complaint make "a short and plain statement of the claim showing that the plea der is entitled to relief." To that end, the third amended complaint shall reiterate, without amending, all claims raised in the case number 19-cv-05355. The only new claims to be added are those regarding the issue remanded to the IHO and app ealed to the SRO. The third amended complaint shall be filed on or before December 19 2019. The remaining briefing schedule as indicated in the Stipulation remains in effect and further set forth in this Order and further set forth in this Order. (Amended Pleadings due by 12/19/2019.) (Signed by Judge Nelson Stephen Roman on 12/17/2019) (rro)
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Filing
92
OPINION & ORDER re: 81 MOTION for Reconsideration re; 80 Clerk's Judgment,. filed by Connie Avaras. In light of the foregoing, Plaintiff's Motion is DENIED. The Court confirms that the District was ordered to pay tuition reim bursement for the 2012-13 school year, for which it denied N.A. a FAPE, and that the determination of whether Plaintiff is entitled to tuition reimbursement from the year Plaintiff filed her due process complaint through the 2017-18 school years, under the pendency law, are remanded to the IHO for reconsideration. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 81 and to mail a copy of this Order to Plaintiff at her address as listed on ECF. This constitutes the Court's Order. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/20/2019) (rj) Transmission to Civil Case Openings Clerk for processing.
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Filing
79
AMENDED OPINION & ORDER: For the foregoing reasons, the District Defendants' motion for summary judgment is GRANTED in part and DENIED in part, and the Department's motion to dismiss is GRANTED. All of Plaintiff's non-IDEA claims are dismissed. As for Plaintiff's IDEA claims, the Court finds that 1) N.A. was denied a free and appropriate public education for the 2011-2012 and 2012-2013 school years, 2) N.A. was provided a free and appropriate public education for the 201 3-2014 school year, and 3) Hawk Meadow was an appropriate alternative for N.A. in light of his unique educational needs. The Clerk of the Court is respectfully requested to terminate the pending motions at ECF Nos. 43 & 53 and to close the case. T he Clerk of the Court is also directed to mail a copy of this Opinion and Order to Plaintiff at her address as listed on ECF. (As further set forth in this Order.) (Signed by Judge Nelson Stephen Roman on 10/15/2018) (cf) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
77
OPINION AND ORDER re: 66 MOTION. filed by Connie Avaras. For the foregoing reasons, Plaintiff's Motion is GRANTED in part and DENIED in part.It is granted insofar as this Court finds that Hawk Meadow is the then-current educationalplacem ent and the District should ensure that he remains there throughout the pendency of thislitigation. The District is directed to provide tuition for Hawk Meadow for the 2018-19 yearonward. Plaintiff's Motion is denied insofar as she seeks reimbur sement of Hawk Meadow tuitionfrom the date she filed her due process complaint through the 2017-18 year, and this issue ofreimbursement, pursuant to the stay put provision, is remanded back to the IHO. Plaintiff's Motion is also denied insofar a s it seeks monetary damages in the form of attorney's fees, compensatory damages, or punitive damages. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 66. The Clerk of the Court is further respectfully directed to mail a copy of this Opinion and Order to Plaintiff's address as listed on ECF. (Signed by Judge Nelson Stephen Roman on 8/28/2018) (rro) Transmission to Docket Assistant Clerk for processing.
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