E.B. by his guardians M.B. and R.B., et al v. Cuomo, et al
| E.B.,by his guardians M.B. and R.B., and M.B. and R.B., H.A., by her guardians L.A. and S.A., and L.A. and S.A., L.H., by her guardians E.H. and J.H. and E.H. and J.H., E.L., by his guardian B.L., and B.L. and C.R., by her guardians W.R. and J.R., and W.R. and J.R. |
| Andrew Cuomo and Kerry Delaney |
| 1:2016cv00735 |
| September 13, 2016 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Lawrence J. Vilardo |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| None |
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| Document Text |
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Filing
67
DECISION AND ORDER denying 63 Motion to Compel. Oral Argument, previously scheduled for today, is canceled. Signed by Hon. Jeremiah J. McCarthy on 7/26/2022. (EG)
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Filing
50
DECISION AND ORDER: For the reasons stated in the decision & order, the state's motion to dismiss, Docket Item 38, is DENIED, and the plaintiffs' motion for class certification, Docket Item 33, is DENIED without prejudice as premature. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/7/2022. (WMH)-CLERK TO FOLLOW UP- by updating the caption as noted in footnotes 1 and 2.
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Filing
30
ORDERED that the Clerk of Court shall replace Kerry Delaney, former acting Commissioner of OPWDD, with Dr. Theodore Kastner, Commissioner of OPWDD; that the plaintiffs' third and fourth claims are dismissed with prejudice; that the plaintiffs� 39; first, second, fifth, and sixth claims are dismissed without prejudice, and the plaintiffs may amend their complaint within 60 days of the date of this decision and order; that the plaintiffs' motion to certify two classes, Docket Item 3 , is denied without prejudice as premature; that if the plaintiffs do not amend their complaint within 60 days, the complaint will be dismissed without further order and the Clerk of Court shall close the case. Signed by Hon. Lawrence J. Vilardo on 07/11/2020. (CEH)-CLERK TO FOLLOW UP-
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