Avaras et al v. Clarkstown Central School District et al
| Connie Avaras |
| Clarkstown Central School District, New York State Education Department and Board of Education for Clarkstown Central School District |
| 7:2018cv06964 |
| August 2, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Nelson Stephen Roman |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| Plaintiff |
Docket Report
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Filing 33
MEMO ENDORSEMENT on re: #32 Letter, filed by Board of Education for Clarkstown Central School District, Clarkstown Central School District. ENDORSEMENT: The District Defendants are GRANTED leave to file their motion to dismiss adopting the briefing schedule set forth below. The Pre-Motion Conf. requirement is waived. SO ORDERED. (Motions due by 10/23/2018. Responses due by 11/23/2018. Replies due by 12/10/2018.) (Signed by Judge Nelson Stephen Roman on 8/29/2018) (mml)
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| Filing 32 LETTER addressed to Judge Nelson Stephen Roman from Stanley A. Camhi, Esq. dated 08/29/2018 re: Proposed Briefing Schedule for Motion to Dismiss. Document filed by Board of Education for Clarkstown Central School District, Clarkstown Central School District.(Camhi, Stanley) |
| Filing 31 NOTICE OF APPEARANCE by Carol A. Melnick on behalf of Board of Education for Clarkstown Central School District, Clarkstown Central School District. (Melnick, Carol) |
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Filing 30
AMENDED INTERIM OPINION AND ORDER: For the foregoing reasons, Plaintiffs motion is granted. The District Defendants are directed, pursuant to Rule 65 of the Federal Rules of Civil Procedure and the "stay put" provision of the Individuals with Disabilities Education Improvement Act ("IDEA"), 20 U.S.C. 1415(j), to pay for and provide the following services for A.A.: Tuition for the boarding program at the New York Military Academy ("NYMA") for the 2018-2019 school year. IT IS FURTHER ORDERED that Plaintiffs shall not be required to post security in this matter. SO ORDERED. The Clerk of the Court is respectfully requested to terminate the motions at ECF Nos. 8 & 10. (Signed by Judge Nelson Stephen Roman on 8/27/2018) (rro)
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Filing 29
INTERIM OPINION & ORDER re: #10 MOTION for Temporary Restraining Order. MOTION for Preliminary Injunction filed by Connie Avaras, Connie Avaras, #8 FIRST LETTER MOTION to Expedite briefing schedule addressed to Judge Katherine Polk Failla from Tai H. Park dated August 14, 2018 filed by Connie Avaras, Connie Avaras. For the foregoing reasons, Plaintiff's motion is granted. The Clerk of the Court is respectfully requested to terminate the motions at ECF Nos. 8 & 10. (Signed by Judge Nelson Stephen Roman on 8/24/2018) (mro)
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| Minute Entry for proceedings held before Judge Nelson Stephen Roman: Show Cause Hearing held on 8/24/2018. Plaintiffs and Defendants counsel present. Court reporter is Angie Shaw-Crockett. Oral argument held. Matter taken under advisement. See transcript. Defendant New York State Education Department granted leave to file motion to dismiss with following briefing schedule: moving papers shall be served not filed October 23, 2018; opposition shall be served not filed, November 23, 2018; and reply shall be served December 10, 2018. The parties are directed to file all motion documents on the reply date, December 10, 2018, and to provide 2 copies of their respective motion documents to chambers on the dates the documents are served upon their adversaries. The School District Defendants time to answer or respond is stayed. The Court directed non-appearing counsel for the School District Defendants to send a letter to the Court requesting the pre-motion conference be waived and the Court set a briefing schedule for Defendants motion to dismiss. Counsel should also advise the Court if she will adopt the States motion schedule. The Court directed the court reporter to redact A.A.s name from todays transcript and substitute the name with the initials A.A.. ( Motions due by 10/23/2018., Replies due by 12/10/2018., Responses due by 11/23/2018). (Court Reporter Angie Shaw-Crockett) (gs) |
| Filing 28 REPLY AFFIDAVIT of Connie Avaras in Support re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Connie Avaras, Connie Avaras. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Park, Tai) |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Connie Avaras, Connie Avaras. (Park, Tai) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Board of Education for Clarkstown Central School District, Clarkstown Central School District. (Camhi, Stanley) |
| Filing 25 AFFIRMATION of Carol A. Melnick in Opposition re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Board of Education for Clarkstown Central School District, Clarkstown Central School District. (Attachments: #1 Exhibit A - IEP, #2 Exhibit B - Prior Written Notice, #3 Exhibit C -Email, #4 Exhibit D - New York Military Academy Profile, #5 Exhibit E - Hawk Meadow Montessori School Printout, #6 Exhibit F - Decision of Impartial Hearing Officer, #7 Exhibit G - Decision of Impartial Hearing Officer, #8 Exhibit H - Excerpt of Transcript, #9 Exhibit I - Excerpt of Transcript, #10 Exhibit J - Reevaluation Report, #11 Exhibit K - Excerpt of Transcript, #12 Exhibit L - Excerpt of Transcript, #13 Exhibit M - Letter Dated September 19, 2017, #14 Exhibit N - Executive Homes Inc. Flyer, #15 Exhibit O - Application, #16 Exhibit P - Excerpt of Transcript, #17 Exhibit Q - Neurophychological Assessment, #18 Exhibit R - Excerpt of Transcript, #19 Exhibit S - Excerpt of Transcript, #20 Exhibit T - Letter Dated September 20, 2017, #21 Exhibit U -)(Camhi, Stanley) |
| Filing 24 NOTICE OF APPEARANCE by Stanley Albert Camhi on behalf of Board of Education for Clarkstown Central School District, Clarkstown Central School District. (Camhi, Stanley) |
| Filing 23 AFFIDAVIT OF SERVICE. New York State Education Department served on 8/20/2018, answer due 9/10/2018. Service was accepted by Shannon Tahoe. Document filed by Connie Avaras; Connie Avaras. (Park, Tai) |
| Filing 22 AFFIDAVIT OF SERVICE. Board of Education for Clarkstown Central School District served on 8/14/2018, answer due 9/4/2018. Service was accepted by Lucy Crosby. Document filed by Connie Avaras; Connie Avaras. (Park, Tai) |
| Filing 21 AFFIDAVIT OF SERVICE. Clarkstown Central School District served on 8/14/2018, answer due 9/4/2018. Service was accepted by Lucy Crosby. Document filed by Connie Avaras; Connie Avaras. (Park, Tai) |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #23 Affidavit) - AFFIDAVIT OF SERVICE. New York State Education Department served on 8/20/2018, answer due 10/19/2018. Service was accepted by Shannon Tahoe. Document filed by Connie Avaras; Connie Avaras. (Park, Tai) Modified on 8/23/2018 (db). |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by New York State Education Department. (Siegel, Jonathan) |
| Filing 18 DECLARATION of Jonathan A. Siegel in Opposition re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by New York State Education Department. (Attachments: #1 Exhibit 1 - Related Case Statement, #2 Exhibit 2 - Avaras v. Clarkstown CSD, 2017 WL 3037402 (SDNY July 17, 2017), #3 Exhibit 3 - Clarkstown NYS IDEA Determinations)(Siegel, Jonathan) |
| Filing 17 NOTICE OF APPEARANCE by Jonathan Adam Siegel on behalf of New York State Education Department. (Siegel, Jonathan) |
| Filing 16 LETTER addressed to Judge Nelson Stephen Roman from Tai H. Park dated August 20, 2018 re: Administrative record from the Office of State Review. Document filed by Connie Avaras, Connie Avaras.(Park, Tai) |
| Filing 15 CERTIFICATE OF SERVICE of Supporting documents for Plaintiffs' motion for a temporary restraining order and preliminary injunction served on Clarkstown Central School District, Board of Education for Clarkstown Central School District, New York State Education Department, and Counsel for the Defendants on August 14, 2018. Document filed by Connie Avaras, Connie Avaras. (Park, Tai) |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. Has to do With Doc. # 7 Order To Show Cause. (dt) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (ma) |
| CASE ACCEPTED AS RELATED. Create association to 7:18-cv-03484-NSR. Notice of Assignment to follow. (ma) |
| CASE ACCEPTED AS SIMILAR. Create association to 7:15-cv-02042-NSR. Notice of Assignment to follow. (ma) |
| CASE ACCEPTED AS RELATED. Create association to 7:18-cv-02976-NSR. Notice of Assignment to follow. (ma) |
| Filing 14 PROPOSED ORDER. Document filed by Connie Avaras, Connie Avaras. Related Document Number: #10 . (Park, Tai) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/15/2018 (km). |
| Filing 13 AFFIDAVIT of Connie Avaras in Support re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Connie Avaras, Connie Avaras. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Park, Tai) |
| Filing 12 DECLARATION of Tai H. Park in Support re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Connie Avaras, Connie Avaras. (Attachments: #1 Exhibit Exhibit A)(Park, Tai) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Connie Avaras, Connie Avaras. (Park, Tai) |
| Filing 10 MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by Connie Avaras, Connie Avaras.(Park, Tai) |
| Filing 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #10 Motion) - NOTICE of Motion for Temporary Restraining Order and Preliminary Injunction. Document filed by Connie Avaras, Connie Avaras. (Park, Tai) Modified on 8/16/2018 (db). |
| Filing 8 FIRST LETTER MOTION to Expedite briefing schedule addressed to Judge Katherine Polk Failla from Tai H. Park dated August 14, 2018. Document filed by Connie Avaras, Connie Avaras.(Park, Tai) |
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Filing 7
ORDER TO SHOW CAUSE filed by Connie Avaras, Connie Avaras. Defendants shall show cause as to why an Order should not be entered in this action, pursuant to Rule 65 of the Federal Rules of Civil Procedure and the "stay put" provision of the Individuals with Disabilities Improvement Act ("IDEA"), 20 U.S.C. 1415(j), directing defendants to pay for and provide the following services for A.A.: and further set forth in this Order. IT IS FURTHER ORDERED that Defendants shall file and serve any opposing papers in response to the motion within seven days (by no later than August 21, 2018), Plaintiffs will file any reply within two days (by August 23, 2018), and the Court will schedule a hearing on the motion on August 24, 2018. Show Cause Hearing set for 8/24/2018 at 10:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. Show Cause Response due by 8/21/2018. (Signed by Judge Katherine Polk Failla, Part 1 on 8/14/2018) (rro)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Board of Education for Clarkstown Central School District, Clarkstown Central School District, New York State Education Department. (pne) |
| Filing 5 COMPLAINT against Board of Education for Clarkstown Central School District, Clarkstown Central School District, New York State Education Department. Document filed by Connie Avaras, Connie Avaras.(Park, Tai) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
| CASE REFERRED TO Judge Nelson Stephen Roman as possibly similar to 15CV2042. (pne) |
| CASE REFERRED TO Judge Nelson Stephen Roman as possibly related to 18CV2976 and 18CV3484. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tai Hyun Park. The party information for the following parties has been modified: Connie Avaras, Connie Avaras. The information for the parties has been modified for the following reasons: party name contained a typographical error; party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tai Hyun Park to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reasons: party name was modified due to a typographical error; the name of one of the filing parties (A.A.) is incorrect on the docket entry. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Clarkstown Central School District, Board of Education for Clarkstown Central School District, New York State Education Department, re: #1 Complaint,. Document filed by A.A., Connie Avaras. (Park, Tai) |
| Filing 3 RELATED CASE AFFIRMATION of Tai Park re: that this action be filed as related to 15-cv-02042 (NSR), 18-cv-02976 (NSR), 18-cv-03484 (NSR). Document filed by A.A., Connie Avaras.(Park, Tai) |
| Filing 2 CIVIL COVER SHEET filed. (Park, Tai) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Board of Education for Clarkstown Central School District, Clarkstown Central School District, New York State Education Department. (Filing Fee $ 400.00, Receipt Number 0208-15400897)Document filed by Connie Avaras, A.A..(Park, Tai) Modified on 8/3/2018 (pne). |
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