Boyle v. North Salem Central School District et al
| Sean Boyle |
| North Salem Central School District, Putnam/Northern Westchester Board of Cooperative Educational Services a/k/a BOCES, Putnam-Northern Westchester Board of Cooperative Educational Services and BOCES |
| 7:2019cv08577 |
| September 16, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 28 U.S.C. § 1446 nr |
| Plaintiff |
Docket Report
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| Filing 27 FIRST AMENDED COMPLAINT against North Salem Central School District, Putnam-Northern Westchester Board of Cooperative Educational Services with JURY DEMAND.Document filed by Sean Boyle.(Clarke, Keith) |
Filing 26
ORDER denying #25 Motion to Seal Document: Plaintiff's application to file his amended complaint under seal is DENIED. However, plaintiff is permitted to file the amended complaint with the names of various non-party individuals referenced therein redacted. In addition, plaintiff shall simultaneously deliver to Chambers a paper, UNREDACTED version of the amended complaint. Chambers will cause the unredacted version of the amended complaint to be filed by the Clerk, with access restricted to the Court and case participants only. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (vjm)
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| Filing 25 FIRST LETTER MOTION to Seal Document addressed to Judge Vincent L. Briccetti from Keith Clarke dated 11/05/2019. Document filed by Sean Boyle.(Clarke, Keith) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Sean Boyle. ENDORSEMENT: Plaintiff's amended complaint shall be filed by 11/8/2019. SO ORDERED. (Amended Pleadings due by 11/8/2019.) (Signed by Judge Vincent L. Briccetti on 10/25/2019) (kv)
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| Filing 23 FIRST LETTER addressed to Judge Vincent L. Briccetti from Keith Clarke dated 10/25/2019 re: October 24, 2019 Order. Document filed by Sean Boyle.(Clarke, Keith) |
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Filing 22
MEMO ENDORSEMENT on re: #20 Letter filed by Sean Boyle. ENDORSEMENT: APPLICATION GRANTED. Plaintiff's time to notify the Court whether (i) he intends to file an amended complaint in response to defendant's motions to dismiss, or (ii) he will rely on the complaint as originally filed, is extended to 10/25/2019. In the future, counsel shall consult the Local Rules and Judge Briccetti's Individual Practices before submitting applications to the Court. Letters requesting relief, such as, for example, requests for extensions of time, are considered letter motions and shall be filed as such. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/24/2019) (mml)
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| Filing 21 SECOND LETTER addressed to Judge Vincent L. Briccetti from Keith Clarke dated 10/24/19 re: Letter Application. Document filed by Sean Boyle.(Clarke, Keith) |
| Filing 20 FIRST LETTER addressed to Judge Vincent L. Briccetti from Keith Clarke dated 10/23/2019 re: Letter Application. Document filed by Sean Boyle.(Clarke, Keith) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss Complaint. . Document filed by Putnam-Northern Westchester Board of Cooperative Educational Services. (Rushfield, Mark) |
| Filing 18 AFFIRMATION of Mark C. Rushfield in Support re: #17 MOTION to Dismiss Complaint.. Document filed by Putnam-Northern Westchester Board of Cooperative Educational Services. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Skip Trace)(Rushfield, Mark) |
| Filing 17 MOTION to Dismiss Complaint. Document filed by Putnam-Northern Westchester Board of Cooperative Educational Services.(Rushfield, Mark) |
| Filing 16 NOTICE OF APPEARANCE by Merryl Fern Weiner on behalf of Sean Boyle. (Weiner, Merryl) |
| Filing 15 NOTICE OF APPEARANCE by Keith Joseph Clarke on behalf of Sean Boyle. (Clarke, Keith) |
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Filing 14
ORDER: In order to efficiently manage motion practice in this case, it is hereby ORDERED that plaintiff's deadline to oppose the school district's motion to dismiss is STAYED. Further, by no later than 10 days after all defendants not in default have answered, moved, or otherwise responded to the complaint, plaintiff must notify the Court by letter, with copies simultaneously delivered to defense counsel, whether (i) plaintiff intends to file an amended complaint in response to any motion to dismiss, or (ii) plaintiff will rely on the original complaint. If plaintiff elects not to file an amended complaint, any motions to dismiss will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in a defendant's motion to dismiss. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If plaintiff elects not to amend, plaintiff shall file, no later than 14 days after all defendants not in default have answered, moved, or otherwise responded to the complaint, a single opposition to all pending motions to dismiss. Defendants' reply papers, if any, will be due 7 days after plaintiffs opposition is filed. If plaintiff elects to file an amended complaint, plaintiff must file the amended complaint by no later than 14 days after notifying the Court of plaintiffs intent to do so. Each defendant may then either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter, with copies simultaneously delivered to plaintiffs counsel, that the defendant is relying on its initially filed motion to dismiss, if applicable. If any defendant chooses to file an answer to or a motion to dismiss the amended complaint, the time to do so shall be governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. (Signed by Judge Vincent L. Briccetti on 9/30/2019) (mml)
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| Filing 13 MEMORANDUM OF LAW in Support re: #12 FIRST MOTION to Dismiss Complaint. . Document filed by North Salem Central School District. (Miller, Howard) |
| Filing 12 FIRST MOTION to Dismiss Complaint. Document filed by North Salem Central School District. Responses due by 10/11/2019(Miller, Howard) |
| Filing 11 NOTICE OF APPEARANCE by Christina Maria Killerlane on behalf of Sean Boyle. (Killerlane, Christina) |
| Filing 10 AFFIDAVIT OF SERVICE of 9/19/19 Order of Judge Briccetti served on Christina Killerlane & Howard Miller on September 19, 2019. Service was made by Email. Document filed by Putnam-Northern Westchester Board of Cooperative Educational Services. (Rushfield, Mark) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer: Defendants' time to answer, move, or otherwise respond to the complaint is extended to 10/9/2019. Further, plaintiff's counsel shall file a notice of appearance by 9/23/2019. Defense counsel shall promptly serve a copy of this Order on plaintiff's counsel by email. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (jal)
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| Filing 8 FIRST LETTER MOTION for Extension of Time to File Answer or otherwise move addressed to Judge Vincent L. Briccetti from Mark C. Rushfield dated September 19, 2019. Document filed by Putnam-Northern Westchester Board of Cooperative Educational Services.(Rushfield, Mark) |
| Filing 7 AFFIDAVIT OF SERVICE of Notice of Removal, with Exhibits served on Christine Killerlane, Esq. and Howard M. Miller, Esq. on September 19, 2019. Service was made by Mail. Document filed by Putnam-Northern Westchester Board of Cooperative Educational Services. (Rushfield, Mark) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Craig Rushfield. The party information for the following party/parties has been modified: Putnam-Northern Westchester Board of Cooperative Educational Services. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party type was entered incorrectly. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Craig Rushfield. The following case opening statistical information was erroneously selected/entered: County code Westchester;. The following correction(s) have been made to your case entry: the County code has been modified to Dutchess;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| 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. (jgo) |
| Filing 6 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 62815/2019..Document filed by Putnam/Northern Westchester Board of Cooperative Educational Services a/k/a BOCES. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B - Affidavit of Service of S&C on N. Salem CSD, #3 Exhibit C - Affidavit of Service of S&C on BOCES, #4 Exhibit D - Notice of Appearance of M. Rushfield obo BOCES, #5 Exhibit E - Affidavit of Service of Notice of Appearance, #6 Exhibit F - Stipulation Extending Time, #7 Exhibit G - Affidavit of Service of Stipulation Extending Time)(Rushfield, Mark) |
| Filing 5 FILING ERROR - DUPLICATE DOCKET ENTRY - CIVIL COVER SHEET filed. (Rushfield, Mark) Modified on 9/19/2019 (jgo). |
| Civil Case Opening Fee Paid electronically via Pay.gov: for 3 Notice of Removal,,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17606923, paid on 9/16/2019. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for 1 Notice of Removal,,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17605618, paid on 9/16/2019. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark Craig Rushfield to RE-FILE Document No. 1 Notice of Removal, 3 Notice of Removal,, 4 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Pleading titled for another Court. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/23/2019. (jgo) |
| ***DELETED DOCUMENT. Deleted document number 4 Supreme Court Summons and Complaint. The document was incorrectly filed in this case. (jgo) |
| ***DELETED DOCUMENT. Deleted document number 3 Notice of Removal titled for Supreme Court. The document was incorrectly filed in this case. (jgo) |
| ***DELETED DOCUMENT. Deleted document number 1 Notice of Removal titled for Supreme Court. The document was incorrectly filed in this case. (jgo) |
| Filing 2 CIVIL COVER SHEET filed. (Rushfield, Mark) |
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