A1, Individually and as Parent and Natural Guardian of S1 v. Hilton Central School District et al
Plaintiff: A1, Individually and as Parent and Natural Guardian of S1
Defendant: Hilton Central School District, Northwood Elementary School and Casey Kosiorek
Cross Defendant: Kirk Ashton
Case Number: 6:2022cv06371
Filed: August 31, 2022
Court: US District Court for the Western District of New York
Presiding Judge: Marian W Payson
Referring Judge: Elizabeth A Wolford
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2022 Filing 17 REPLY/ANSWER to #13 Answer to Complaint and Crossclaim, by Kirk Ashton.(TF)
October 19, 2022 NOTICE OF RULE 16 SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 11/22/2022 at 1:30 PM (eastern time), following the telephonic motion argument before Hon. Marian W. Payson. Letter, Notice of Rule 16 Scheduling Conference, Consent Form, Privacy Notice, and Draft Scheduling Order sent by First Class Mail to the parties on 10/19/2022. (KAH)
October 18, 2022 Opinion or Order Filing 16 ORDER re #2 MOTION Proceed Under Pseudonyms filed by A1, Individually and as Parent and Natural Guardian of S1. Responses due by 11/8/2022. Telephonic Motion Hearing set for 11/22/2022 01:30 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 10/18/22. (CAM)This was mailed to: Kirk Ashton. Modified on 10/18/2022 (CAM).
October 18, 2022 Dial-in instructions for the 11/22/22 motion hearing were mailed to Kirk Ashton. (CAM)
October 17, 2022 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF)
October 14, 2022 Filing 15 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/14/2022. (TF)This was mailed to: Kirk Ashton.
October 14, 2022 Filing 14 NOTICE of Appearance by Gary John Intoccia on behalf of Hilton Central School District (Intoccia, Gary)
October 14, 2022 Filing 13 ANSWER to #1 Complaint, , CROSSCLAIM against Kirk Ashton by Hilton Central School District.(Weisslitz, Emily)
October 5, 2022 E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required #12 AFFIDAVIT of Service served on Kirk Ashton. Correct event - SUMMONS Returned Executed by A1, Individually and as Parent and Natural Guardian of S1. Kirk Ashton served on 9/29/2022, answer due 10/20/2022. (TF)
October 4, 2022 RE #12 - SUMMONS Returned Executed by A1, Individually and as Parent and Natural Guardian of S1. Kirk Ashton served on 9/29/2022, answer due 10/20/2022. (TF)
October 4, 2022 Filing 12 AFFIDAVIT of Service for Affidavit of Service served on Kirk Ashton on September 29, 2022, filed by A1, Individually and as Parent and Natural Guardian of S1. (McFadden, Langston)
October 3, 2022 Filing 11 ANSWER to #1 Complaint, by Kirk Ashton.(TF)
September 30, 2022 Filing 10 TEXT ORDER granting #9 Motion for Extension of Time. With consent from Plaintiffs, Defendants' time to answer or otherwise respond to the complaint is extended to October 17, 2022. For future reference, a formal motion for an extension of time is not required when consent from opposing counsel has been obtained. See https://www.nywd.uscourts.gov/content/hon-elizabeth-wolford-chief-united-states-district-judge, Adjournments and Enlargements of Time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/30/2022. (CDH)
September 30, 2022 Filing 9 MOTION for Extension of Time to File Answer by Hilton Central School District, Casey Kosiorek, Northwood Elementary School. (Attachments: #1 Exhibit Summons and Complaint)(Weisslitz, Emily)
September 29, 2022 Filing 8 TEXT ORDER denying without prejudice #7 Application for an Extension of Time to Answer, Move or Otherwise Reply. The undersigned's individual practices provide that "[i]n the absence of consent by opposing counsel, a motion for adjournment or extension of time must be filed with the Court." Here, Defendants have submitted an "application" requesting an extension of time but do not indicate that they have sought or received consent from opposing counsel. They have further not complied with this District's Local Rules of Civil Procedure for filing motions, which require, among other things, that all motions be accompanied by a notice of motion. L. R. Civ. P. 7(a)(1). Defendants' request for an extension of time to answer or otherwise respond to the complaint is accordingly denied without prejudice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/29/2022. (CDH)
September 29, 2022 Filing 7 MOTION for Extension of Time to File Answer by Hilton Central School District, Casey Kosiorek, Northwood Elementary School.(Weisslitz, Emily)
September 28, 2022 SUMMONS Returned Executed by A1, Individually and as Parent and Natural Guardian of S1. #4 Casey Kosiorek served on 9/12/2022, answer due 10/3/2022; #5 Hilton Central School District served on 9/12/2022, answer due 10/3/2022; #6 Northwood Elementary School served on 9/12/2022, answer due 10/3/2022. (RE)
September 28, 2022 E-Filing Notification: #4 AFFIDAVIT of Service; #5 AFFIDAVIT of Service and #6 AFFIDAVIT of Service incorrect event used to electronically file documents. For future reference, please use Summons Returned Executed event. No action required. (RE)
September 27, 2022 Filing 6 AFFIDAVIT of Service for Affidavit of Service served on Northwood Elementary School on 9/12/2022, filed by A1, Individually and as Parent and Natural Guardian of S1. (Smith, Mallory)
September 27, 2022 Filing 5 AFFIDAVIT of Service for Affidavit of Service served on Hilton Central School District on 9/12/2022, filed by A1, Individually and as Parent and Natural Guardian of S1. (Smith, Mallory)
September 27, 2022 Filing 4 AFFIDAVIT of Service for Affidavit of Service served on Casey Kosiorek on 9/12/2022, filed by A1, Individually and as Parent and Natural Guardian of S1. (Smith, Mallory)
September 1, 2022 Filing 3 Summons Issued as to Kirk Ashton, Hilton Central School District, Casey Kosiorek, Northwood Elementary School. (TMK)
September 1, 2022 Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
September 1, 2022 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
September 1, 2022 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)
August 31, 2022 Filing 2 MOTION Proceed Under Pseudonyms by A1, Individually and as Parent and Natural Guardian of S1. (Attachments: #1 Memorandum in Support)(Smith, Mallory)
August 31, 2022 Filing 1 COMPLAINT against All Defendants $ 402 receipt number ANYWDC-4663100, filed by A1, Individually and as Parent and Natural Guardian of S1. (Attachments: #1 Civil Cover Sheet, #2 Summons - Kirk Ashton, #3 Summons - Northwood Elementary School, #4 Summons - Casey Kosiorek, #5 Summons - Hilton Central School District)(Smith, Mallory)

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Plaintiff: A1, Individually and as Parent and Natural Guardian of S1
Represented By: Langston David McFadden
Represented By: Mallory K. Smith
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Defendant: Hilton Central School District
Represented By: Emily R. Weisslitz
Represented By: Gary John Intoccia
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Defendant: Northwood Elementary School
Represented By: Emily R. Weisslitz
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Defendant: Casey Kosiorek
Represented By: Emily R. Weisslitz
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Cross defendant: Kirk Ashton
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