7:22-CV-00437
01/18/2022
Pending - Other Pending
Civil Right - Education Discrimination
Vincent L. Briccetti
M.T., individually
M.T., on behalf of R.T.
A.T., individually
A.T., on behalf of R.T.
Arlington Central School District
Benjamin Oberon Brown
Attorney at Gina DeCrescenzo, P.C.
180A S Broadway, Ste 100
White Plains, NY 10605
Mark Craig Rushfield
Attorney at Shaw, Perelson, May & Lambert, LLP
21 Van Wagner Road
Poughkeepsie, NY 12603
Main Document
Exhibit 1
Exhibit 2
(#2) CIVIL COVER SHEET filed..(Brown, Benjamin) (Entered: 01/18/2022)
(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Arlington Central School District, re: #1 Complaint,. Document filed by A.T., individually, A.T., on behalf of R.T., M.T., individually, M.T., on behalf of R.T...(Brown, Benjamin) (Entered: 01/18/2022)
(#4) ELECTRONIC SUMMONS ISSUED as to Arlington Central School District. (sj) (Entered: 01/19/2022)
(#5) AFFIDAVIT OF SERVICE of Summons and Complaint,. Arlington Central School District served on 1/24/2022, answer due 2/14/2022. Service was accepted by Margie Flynn, District Clerk. Document filed by M.T., individually; A.T., on behalf of R.T.; A.T., individually; M.T., on behalf of R.T...(Brown, Benjamin) (Entered: 01/25/2022)
(#6) NOTICE OF APPEARANCE by Mark Craig Rushfield on behalf of Arlington Central School District..(Rushfield, Mark) (Entered: 01/31/2022)
(#7) ORDER: Accordingly, by February 22, 2022, defendant shall answer, move, or otherwise respond to the complaint, or request an extension of time do so. SO ORDERED. Arlington Central School District answer due 2/22/2022. (Signed by Judge Vincent L. Briccetti on 2/15/2022) (mml) (Entered: 02/15/2022)
Main Document
Text of Proposed Order
(#10) ORDER granting #8 Letter Motion for Leave to File Document. Accordingly, it is HEREBY ORDERED: 1. Defendant may dispense with an Answer. The case shall be decided based on a motion for summary judgment pursuant to Fed. R. Civ. P. 56. 2. The complete administrative record which culminated in and includes the September 17, 2021, decision of the New York State Department of Education, Office of State Review in administrative case no. 21-174 shall be sent to the Court from the Office of State Review. 3. For the reasons stated in the parties' joint letter, said administrative record shall be filed under seal. 4. A motion schedule is established as follows: a. Plaintiffs motion for summary judgment: due May 3, 2022; b. Defendant's opposition papers: due July 12, 2022; c. Plaintiffs' Reply Papers, if Any: due August 11, 2022. 5. The Clerk is instructed to terminate the letter motion. (Doc. #8). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/24/2022) (tg) (Entered: 02/24/2022)
DocketSet/Reset Deadlines: Motions due by 5/3/2022. Responses due by 7/12/2022 Replies due by 8/11/2022. (tg) (Entered: 02/24/2022)
Docket(#10) ORDER granting #8 Letter Motion for Leave to File Document. Accordingly, it is HEREBY ORDERED: 1. Defendant may dispense with an Answer. The case shall be decided based on a motion for summary judgment pursuant to Fed. R. Civ. P. 56. 2. The complete administrative record which culminated in and includes the September 17, 2021, decision of the New York State Department of Education, Office of State Review in administrative case no. 21-174 shall be sent to the Court from the Office of State Review. 3. For the reasons stated in the parties' joint letter, said administrative record shall be filed under seal. 4. A motion schedule is established as follows: a. Plaintiffs motion for summary judgment: due May 3, 2022; b. Defendant's opposition papers: due July 12, 2022; c. Plaintiffs' Reply Papers, if Any: due August 11, 2022. 5. The Clerk is instructed to terminate the letter motion. (Doc. #8). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/24/2022) (tg) (Entered: 02/24/2022)
DocketMinute Entry for proceedings held before Judge Vincent L. Briccetti: Telephone Conference held on 2/24/2022. (dh) (Entered: 02/24/2022)
Docket(#9) ORDER deferring ruling on #8 Letter Motion for Leave to File Document: The Court has not followed the parties' proposed procedure before and will therefore conduct a telephone conference with counsel to discuss their proposal. A telephone conference is scheduled for 2/24/2022 at 11:00 a.m. Call-in number: (888) 363-4749. Passcode: 1703567. Defendant's time to file an answer or other response to the complaint is adjourned without date. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 02/22/2022)
Docket(#8) JOINT LETTER MOTION for Leave to File Motion and Response in Lieu of Answer addressed to Judge Vincent L. Briccetti from Benjamin Brown dated February 21, 2022. Document filed by A.T., individually, A.T., on behalf of R.T., M.T., individually, M.T., on behalf of R.T.. (Attachments: #1 Text of Proposed Order).(Brown, Benjamin) (Entered: 02/21/2022)
Docket(#7) ORDER: Accordingly, by February 22, 2022, defendant shall answer, move, or otherwise respond to the complaint, or request an extension of time do so. SO ORDERED. Arlington Central School District answer due 2/22/2022. (Signed by Judge Vincent L. Briccetti on 2/15/2022) (mml) (Entered: 02/15/2022)
Docket(#6) NOTICE OF APPEARANCE by Mark Craig Rushfield on behalf of Arlington Central School District..(Rushfield, Mark) (Entered: 01/31/2022)
Docket(#5) AFFIDAVIT OF SERVICE of Summons and Complaint,. Arlington Central School District served on 1/24/2022, answer due 2/14/2022. Service was accepted by Margie Flynn, District Clerk. Document filed by M.T., individually; A.T., on behalf of R.T.; A.T., individually; M.T., on behalf of R.T...(Brown, Benjamin) (Entered: 01/25/2022)
Docket(#4) ELECTRONIC SUMMONS ISSUED as to Arlington Central School District. (sj) (Entered: 01/19/2022)
DocketCase Designated ECF. (sj) (Entered: 01/19/2022)
DocketMagistrate Judge Paul E. Davison 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) (Entered: 01/19/2022)
DocketCASE 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) (Entered: 01/19/2022)
Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Arlington Central School District, re: #1 Complaint,. Document filed by A.T., individually, A.T., on behalf of R.T., M.T., individually, M.T., on behalf of R.T...(Brown, Benjamin) (Entered: 01/18/2022)
Docket(#2) CIVIL COVER SHEET filed..(Brown, Benjamin) (Entered: 01/18/2022)
Docket(#1) COMPLAINT against Arlington Central School District. (Filing Fee $ 402.00, Receipt Number ANYSDC-25599277)Document filed by M.T., individually, A.T., on behalf of R.T., A.T., individually, M.T., on behalf of R.T.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Brown, Benjamin) (Entered: 01/18/2022)
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