O'Connell-Byrne v. Hilton Central School District et al
| Kelly O'Connell-Byrne |
| Hilton Central School District, Hilton School District Board of Education, Casey Kosiorek, Superintendent of Schools, in his individual capacity, Tracie Czebatol, Director of Reporting and Compliance, in her individual capacity, Ned Dale, Assistant Superintendent for Human Resources, in his individual capacity, Stephanie Sloan, Board Member, in her individual capacity, Ed Mascadri, Board Member, in his individual capacity, Mark Hilburger, Board Member, in his individual capacity, Therese Flannery, Board Member, in her individual capacity, Maryanne Chaffee, Board Member, in her individual capacity, Nancy Pickering, Board Member, in her individual capacity, Brian O'Connor, Board Member, in his individual capacity, Casey Kosiorek, Tracie Czebatol, Ned Dale, Stephanie Sloan, Ed Mascadri, Mark Hilburger, Therese Flannery, Maryanne Chaffee, Nancy Pickering and Brian O'Connor |
| 6:2023cv06308 |
| June 6, 2023 |
| US District Court for the Western District of New York |
| Marian W Payson |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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Filing 12
Defendants' ANSWER to Complaint Amended by Maryanne Chaffee, Tracie Czebatol, Ned Dale, Therese Flannery, Mark Hilburger, Hilton Central School District, Hilton School District Board of Education, Casey Kosiorek, Ed Mascadri, Brian O'Connor, Nancy Pickering, Stephanie Sloan.(McClaren, Michael)
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Filing 11
TEXT ORDER. In light of Plaintiff's filing of an amended complaint (Dkt. 9), the motion to dismiss the complaint filed by Defendants Maryanne Chaffee, Tracie Czebatol, Ned Dale, Therese Flannery, Mark Hilburger, Hilton Central School District, Hilton School District Board of Education, Casey Kosiorek, Ed Mascadri, Brian O'Connor, Nancy Pickering, and Stephanie Sloan (Dkt. 6) is denied without prejudice as moot. Defendants shall answer or otherwise respond to the amended complaint in accordance with Fed. R. Civ. P. 15(a)(3). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/21/2023. (MGB)
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Filing 10
MEMORANDUM in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kelly O'Connell-Byrne. (Steck, Phillip)
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Filing 9
AMENDED COMPLAINT against All Defendants, filed by Kelly O'Connell-Byrne.(Steck, Phillip)
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Filing 8
TEXT ORDER. Defendants Maryanne Chaffee, Tracie Czebatol, Ned Dale, Therese Flannery, Mark Hilburger, Hilton Central School District, Hilton School District Board of Education, Casey Kosiorek, Ed Mascadri, Brian O'Connor, Nancy Pickering, and Stephanie Sloan ("Defendants") have filed a motion pursuant to Fed. R. Civ. P. 12(b)(6), arguing that the complaint in this matter fails to state a claim on which relief can be granted. (Dkt. 6). Without expressing any view as to the merits of the Defendants' motion, the Court will afford Plaintiff an opportunity to file an amended complaint curing the alleged defects in accordance with Fed. R. Civ. P. 15(a)(1)(B). If Plaintiff timely files an amended complaint, the Court will deny the pending motion to dismiss without prejudice as moot. If Plaintiff does not file an amended complaint, Plaintiff must file a response to the motion to dismiss. Plaintiff must file either an amended complaint or a response to the motion to dismiss on or before July 18, 2023. In the event Plaintiff files a response to the motion to dismiss, replies are due on or before July 25, 2023. If additional briefing is filed with respect to the motion to dismiss, the Court will review the papers and determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case by the assigned magistrate judge. In particular, the parties may consent to have just the pending motion to dismiss resolved by the assigned magistrate judge, in which case the motion will likely be resolved sooner than if it is handled by the undersigned. Consent forms may be found on the Court's website at https://www.nywd.uscourts.gov/forms-3. No adverse substantive consequences will result should the parties choose not to consent. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/27/2023 (MGB)
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Filing 7
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 6/27/2023. (LMD)
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Filing 6
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Maryanne Chaffee, Tracie Czebatol, Ned Dale, Therese Flannery, Mark Hilburger, Hilton Central School District, Hilton School District Board of Education, Casey Kosiorek, Ed Mascadri, Brian O'Connor, Nancy Pickering, Stephanie Sloan. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Memorandum in Support)(Dechert, Heather)
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Filing 5
TEXT ORDER denying #3 Motion for Extension of Time as moot. Plaintiff does not dispute that Defendants have until June 26, 2023, to answer, move, or otherwise respond to the complaint, and accordingly, the extension sought by Defendants is unnecessary. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/09/2023. (MGB)
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Filing 4
AFFIRMATION re #3 MOTION for Extension of Time to File Answer or Respond to Complaint filed by Kelly O'Connell-Byrne Affirmation in Opposition to Motion for Extension of Time. (Steck, Phillip)
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Filing 3
MOTION for Extension of Time to File Answer or Respond to Complaint by Maryanne Chaffee, Tracie Czebatol, Ned Dale, Therese Flannery, Mark Hilburger, Hilton Central School District, Hilton School District Board of Education, Casey Kosiorek, Ed Mascadri, Brian O'Connor, Nancy Pickering, Stephanie Sloan. (Attachments: #1 Declaration)(Dechert, Heather)
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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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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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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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Filing 2
NOTICE of Appearance by Heather Dechert on behalf of All Defendants (Dechert, Heather)
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Filing 1
NOTICE OF REMOVAL by All Defendants with Index of Documents Filed with State Court from Monroe County Supreme Court, case number E2023005110. (Filing fee $ 402 receipt number ANYWDC-4892726), filed by All Defendants. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Certificate of Compliance, #3 Certificate of Service, #4 Civil Cover Sheet)(McClaren, Michael)
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