Miller et al v. McDonald et al
| Joseph Miller, Wengerd Ezra, Jonas Smucker, Dygert Road School, Pleasant View School a/k/a Twin Mountain School, Shady Lane School, Pleasant View School, Ezra Wengerd and Twin Mountain School |
| Dr. James V. McDonald and Dr. Betty A. Rosa |
| 1:2023cv00484 |
| June 2, 2023 |
| U.S. District Court for the Western District of New York |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
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Filing 25
MOTION to Dismiss and Opposition to Plaintiff's Motion for Preliminary Injunction by Dr. James V. McDonald, Dr. Betty A. Rosa. (Attachments: #1 Memorandum in Support and in opposition to P's Motion for PI, #2 Declaration, #3 Declaration, #4 Certificate of Service)(Roberts, Denetra)
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Filing 24
TEXT ORDER granting #23 Motion for Leave to File Excess Pages. Defendants Dr. James V. McDonald and Dr. Betty A. Rosa ("Defendants") may file a combined memorandum of law in opposition to #9 Plaintiffs' motion for a preliminary injunction and in support of Defendants' motion to dismiss not to exceed 50 pages. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/21/2023. (DJP)
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Filing 23
MOTION for Leave to File Excess Pages by Dr. James V. McDonald, Dr. Betty A. Rosa. (Attachments: #1 Declaration of Daniel R. Maguire)(Maguire, Daniel)
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Filing 22
AFFIDAVIT of Service for Ex. B to Complaint, May 2, 2022 administrative hearing served on Dr. James McDonald, Dr. Betty A. Russo, Letitia James - Attorney General for the State of New York, and Michael Russo - Assistant Attorney General for the State of New York, filed by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Attachments: #1 Exhibit A - Certified Letter Service on Dr. McDonald, #2 Exhibit B - Certified Letter Service on Dr. Rosa, #3 Exhibit C - Certified Letter Service on Letitia James, Attorney General for the State of New York, #4 Exhibit D - Email Service on Michael Russo, Assistant General for the State of New York)(Brehm, Elizabeth)
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Filing 21
TEXT ORDER granting #19 Motion for Extension of Time. Defendants shall answer or otherwise respond to the complaint on or before July 31, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/30/2023. (DJP)
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Filing 20
TEXT ORDER granting #19 Motion for Extension of Time. Responses to #9 Motion for Preliminary Injunction are now due on or before July 31, 2023. Replies are now due on or before August 21, 2023. The previously scheduled oral argument set for July 20, 2023, is adjourned. A new oral argument date will be set after the motion has been fully briefed, consistent with the parties' request. (See Dkt. 19 at 1). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/30/2023. (DJP)
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Filing 19
MOTION for Extension of Time to File Answer by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd.(Brehm, Elizabeth)
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Filing 18
AFFIDAVIT of Service for 6-15-2020 Text Order Re #9 Motion for Preliminiary Injunction served on Michael Russo, New York Assistant Attorney General in Charge on 6/15/2023, filed by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Brehm, Elizabeth)
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Set/Reset Hearings: Oral Argument set for 7/20/2023 at 11:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. (DPS)
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Filing 17
TEXT ORDER re #9 Motion for Preliminary Injunction. Responses shall be due on or before July 6, 2023. Replies shall be due on or before July 13, 2023. Oral argument on the motion will be held on Thursday, July 20, 2023, at 11:00 a.m. at the United States District Court, 100 State Street, Rochester, New York. Plaintiffs shall serve a copy of this Text Order on Michael Russo, New York Assistant Attorney General in Charge, Buffalo Regional Office, Main Place Tower, Suite 300A, 350 Main Street, Buffalo, New York and shall file a certificate of service on the docket by close of business on Friday, June 16, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/15/2023. (DJP)
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Filing 16
AFFIDAVIT re 11 Text Order,, Providing Status Update by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Brehm, Elizabeth)
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Filing 15
TEXT ORDER granting #6 Motion for Pro Hac Vice by Christopher Wiest. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/15/2023. (CDH)Clerk to Follow up
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Filing 14
AFFIDAVIT of Service for Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Notice of Motion and Motion for Pro Hac Vice Admission of Attorneys Aaron Siri, Walker Moller and Chris Wiest, Notice of Motion for Preliminary Injunction, Witness and Exhibits to be Presented at Prliminary Injunction Hearing, Proposed Order, Memorandum in Support of Their Motion for Preliminary Injunction, Declaration of Aaron Siri, Esq. served on Letitia James, Attorney General for the State of New York on June 12, 2023, filed by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Brehm, Elizabeth)
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Filing 13
AFFIDAVIT of Service for Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Notice of Motion and Motion for Pro Hac Vice Admission of Attorneys Aaron Siri, Walker Moller and Chris Wiest, Notice of Motion for Preliminary Injunction, Witness and Exhibits to be Presented at Prliminary Injunction Hearing, Proposed Order, Memorandum in Support of Their Motion for Preliminary Injunction, Declaration of Aaron Siri, Esq. served on Dr. Betty A. Rosa, in her official capacity as Commissioner of Education of the State of New York on June 12, 2023, filed by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Brehm, Elizabeth)
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Filing 12
AFFIDAVIT of Service for Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Notice of Motion and Motion for Pro Hac Vice Admission of Attorneys Aaron Siri, Walker Moller and Chris Wiest, Notice of Motion for Preliminary Injunction, Witness and Exhibits to be Presented at Prliminary Injunction Hearing, Proposed Order, Memorandum in Support of Their Motion for Preliminary Injunction, Declaration of Aaron Siri, Esq. served on Dr. James V. McDonald in his official capacity as Commissioner of Health of the State of New York on June 12, 2023, filed by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Brehm, Elizabeth)
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Filing 11
TEXT ORDER. On June 11, 2023, plaintiffs filed a motion for a preliminary injunction. However, it does not appear that defendants have been served with the complaint, nor was any proof of service filed with respect to the preliminary injunction motion. On or before June 15, 2023, plaintiffs' counsel shall file a status update on efforts to serve the defendants and also identify the attorneys who are representing the defendants, if known. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/12/2023. (DJP)
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E-Filing Notification: #10 MOTION for Preliminary Injunction; Clerk modified entry to Memorandum of Law and linked to Motion for Preliminary Injunction. (JLV)
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Filing 10
Memorandum of Law in Support re #9 Motion for Preliminary Injunction filed by by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Attachments: #1 Declaration of Attorney A. Siri with Exhibits)(Brehm, Elizabeth) Modified on 6/12/2023 (JLV).
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Filing 9
MOTION for Preliminary Injunction filed by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Attachments: #1 Plaintiffs' Complaint filed June 2, 2023, #2 Witnesses and Exhibits to be Presented at Preliminary Injunction Hearing, #3 Text of Proposed Order)(Brehm, Elizabeth)
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Filing 8
TEXT ORDER granting #4 Motion for Pro Hac Vice by Aaron Siri. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/07/2023. (DJP)Clerk to Follow up
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Filing 7
TEXT ORDER granting #5 Motion for Pro Hac Vice by Walker Moller. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/07/2023. (DJP)Clerk to Follow up
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E-Filing Notification: #6 MOTION to appear pro hac vice re: Attorney C. Wiest. Admission Petition Form indicates previous disciplinary history at 6.(c)(d). Documentation is required to be filed in the Clerk's Office for review as per petition. (DDS)
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Filing 6
MOTION to appear pro hac vice re: Attorney C. Wiest ( Filing fee $ 200 receipt number ANYWDC-4892939.) by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Attachments: #1 C. Wiest - Attorney Application, #2 C. Wiest - Sponsorship Form, #3 C. Wiest - Oath, #4 C. Wiest - Civility Principles, #5 C. Wiest - Database and ECF Form)(Brehm, Elizabeth)
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Filing 5
MOTION to appear pro hac vice re: Attorney W. Moller ( Filing fee $ 200 receipt number ANYWDC-4892934.) by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Attachments: #1 W. Moller - Admission Application, #2 W. Moller - Sponsorship Form, #3 W. Moller - Oath, #4 W. Moller - Civility Principles, #5 W. Moller - Database and ECF Form)(Brehm, Elizabeth)
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Filing 4
MOTION to appear pro hac vice re: Attorney, Aaron Siri ( Filing fee $ 200 receipt number ANYWDC-4892904.) by Dygert Road School, Joseph Miller, Pleasant View School, Shady Lane School, Jonas Smucker, Ezra Wengerd. (Attachments: #1 A. Siri_Admission Application, #2 A. Siri_Sponsorship Form, #3 A. Siri_Oath, #4 A. Siri_Civility Principles, #5 A. Siri_Database and ECF Form)(Brehm, Elizabeth)
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Filing 3
Summons Issued as to Dr. James V. McDonald, Dr. Betty A. Rosa. (TMK)
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Filing 2
NOTICE OF MANUAL FILING re #1 Complaint- Exhibit B, Flashdrive from attorney Elizabeth A. Brehm. (JLV)
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Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Filing 1
COMPLAINT filed against Dr. James V. McDonald, Dr. Betty A. Rosa $ 402 receipt number BNYWDC-4891050, filed by Shady Lane School, Jonas Smucker, Wengerd Ezra, Dygert Road School, Joseph Miller, Pleasant View School a/k/a Twin Mountain School. (Attachments: #1 Exhibit A. Violations, #2 Exhibit B. Manually filed document - MP4 recording on USB drive - 5-02-2022 Administrative Hearing, #3 Exhibit C. Statement, #4 Exhibit D. ALJ Decision, #5 Exhibit E. Dept. Exceptions, #6 Exhibit F. Order, #7 Civil Cover Sheet, #8 Proposed Summons, B. Rosa, in her official capacity as Commissioner of Education of the State of New York, #9 Proposed Summons, J. McDonald, in his official capacity as Commissioner of Health of the State of New York, #10 Proposed Summons, L. James, New York State Attorney General)(Brehm, Elizabeth)
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