Doherty v. Riverton Street Charter School et al
| New York Eastern District Court | |
| Judge: | Sanket J Bulsara |
| Referred: | Sanket J Bulsara |
| Case #: | 1:16-cv-02594 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 21, 2016 |
| Terminated: | Feb 14, 2019 |
| Last checked: Thursday Nov 17, 2016 4:09 AM EST |
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Defendant
NATIONAL HERITAGE ACADEMIES, INC.
3850 Broadmoor Ave SE
GRAND RAPIDS, MI 49512 |
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Defendant
RIVERTON CHARTER SCHOOL
118-34 RIVERTON STREET
ST. ALBANS, NY 11412 |
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Defendant
National Heritage Academies, Inc.
3850 Broadmoor Ave SE Suite 201
GRAND RAPIDS, MI 49512 |
Represented By
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Defendant
Riverton Street Charter School
118-34 Riverton Street
St. Albans, NY 11412 |
Represented By
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Plaintiff
CAMILLE DOHERTY
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Represented By
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Plaintiff
Camille Doherty
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Represented By
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| Docket last updated: 8 hours ago |
| Thursday, February 14, 2019 | ||
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order
Order Dismissing Case
Thu 02/14 5:51 PM
ORDER DISMISSING CASE: In light of the parties' stipulation of dismissal37 , the above caption is hereby closed. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/14/2019. (Silberstein, Hope) |
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| Wednesday, February 13, 2019 | ||
| 37 | 37
STIPULATION of Dismissal by National Heritage Academies, Inc., Riverton Street Charter School (Pevzner, Bella) |
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order
Status Report Order
Wed 02/13 12:17 PM
ORDER: The parties have again failed to abide by a Court Order. The stipulation of dismissal was due on 1/25/2019. The parties are directed to a file a stipulation of dismissal by Friday, February 15, 2019 . So Ordered by Magistrate Judge Sanket J. Bulsara on 2/13/2019. (Silberstein, Hope) |
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| Friday, January 18, 2019 | ||
| 36 | 36
ORDER: The motion for approval of infant compromise35 is granted. The Court approves the parties' settlement agreement as reflected in the attached order. The parties are directed to file a stipulation of dismissal on or before 1/25/2019 . So Ordered by Magistrate Judge Sanket J. Bulsara on 1/18/2019. (Silberstein, Hope) |
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| 35 | 35
Fourth MOTION for Approval of Infant Compromise by Camille Doherty. (Pianko, Maurice) |
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| 34 | 34
Third MOTION for Approval of Infant Compromise by Camille Doherty. (Pianko, Maurice) |
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| Friday, December 21, 2018 | ||
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order
Status Report Order
Fri 12/21 11:13 AM
ORDER: By Order dated November 20, 2018, the parties were directed to submit a Stipulation of Dismissal by December 20, 2018. To date there has been no Stipulation of Dismissal filed. The parties are directed to file a Stipulation of Dismissal by 12/28/2018 . So Ordered by Magistrate Judge Sanket J. Bulsara on 12/21/2018. (Silberstein, Hope) |
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| Tuesday, November 20, 2018 | ||
| 32 | 32
ORDER: The motion for approval of infant compromise29 is granted. For the reasons stated on the record, the Court approves the parties' settlement agreement as reflected in the attached order. The parties are directed to file a stipulation of dismissal on or before 12/20/2018 . So Ordered by Magistrate Judge Sanket J. Bulsara on 11/20/2018. (Silberstein, Hope) |
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| 31 | 31
ORDER ENDORSING CONSENT TO JURISDICTION BEFORE A UNITED STATES MAGISTRATE JUDGE. (See attached.) Ordered by Judge Sterling Johnson, Jr on 11/20/2018. (Figeroux, Davina) |
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| Friday, November 16, 2018 | ||
| 29 | 29
MOTION for Approval of Infant Compromise by Camille Doherty. (Pianko, Maurice) |
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| Thursday, November 15, 2018 | ||
| 30 | 30
CONSENT to Jurisdiction by US Magistrate Judge. (Guzzi, Roseann) |
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minutes
Motion Hearing
Thu 11/15 3:37 PM
Minute Entry: A hearing regarding the motion for approval of infant compromise27 was held on 11/15/2018 before Magistrate Judge Sanket J. Bulsara. Counsel for both parties were present, as were the Plaintiff and her guardian. (FTR Log #2:17-3:25.) (Silberstein, Hope) |
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| Wednesday, November 07, 2018 | ||
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order
Scheduling Order
Wed 11/07 7:08 PM
SCHEDULING ORDER: An in-person hearing on the motion for approval of infant compromise27 is set for 11/15/2018 at 2:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. Counsel should confer on which witnesses are necessary at the hearing, and such witnesses should attend the hearing to provide on-the-record testimony. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/7/2018. (Silberstein, Hope) |
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| Tuesday, November 06, 2018 | ||
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order
Order Referring Motion
Tue 11/06 1:00 PM
ORDER REFERRING MOTION:27 Second MOTION for Approval of Infant Compromise filed by Camille Doherty Motion referred to Sanket J. Bulsara. Ordered by Judge Sterling Johnson, Jr on 11/6/2018. (Rodriguez, Ana) |
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| Wednesday, October 31, 2018 | ||
| 28 | 28
First MOTION to Adjourn Conference by Camille Doherty. (Pianko, Maurice) |
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Att: 1
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| Thursday, October 25, 2018 | ||
| 27 | 27
Second MOTION for Approval of Infant Compromise by Camille Doherty. (Pianko, Maurice) |
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Att: 1
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Att: 2
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Att: 3
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| Tuesday, October 02, 2018 | ||
| 26 | 26
NOTICE of Appearance by Joseph S Fritzson on behalf of Riverton Street Charter School (aty to be noticed) (Fritzson, Joseph) |
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| Wednesday, September 12, 2018 | ||
| 25 | 25
Letter by National Heritage Academies, Inc., Riverton Street Charter School (Lima, Paul) |
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| Friday, September 07, 2018 | ||
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notice
Notice of Hearing
Fri 09/07 12:42 PM
NOTICE of Hearing: Status Conference set for 9/12/2018 11:00 AM in Courtroom 6B South before Judge Sterling Johnson Jr. Absent the filing of a Stipulation of Discontinuance or Settlement, a request to adjourn will not be entertained. (Rodriguez, Ana) |
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| Tuesday, August 14, 2018 | ||
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minutes
Settlement Conference
Tue 08/14 5:56 PM
Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in-person settlement conference hearing was held on 8/14/2018. Counsel for parties were present. The parties have reached a settlement. (See separate docket entry for Order issuing from this proceeding.). (FTR Log #10:24-10:25 AM; 2:31-2:32 PM.) (Cardenas, Alex) |
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order
Status Report Order
Tue 08/14 5:59 PM
STATUS REPORT ORDER: The parties are directed to provide a status report, and should do so by 9/6/2018 . So Ordered by Magistrate Judge Sanket J. Bulsara on 8/14/2018. (Cardenas, Alex) |
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| Sunday, June 17, 2018 | ||
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order
Order on Motion for Extension of Time to File
Sun 06/17 10:46 AM
ORDER granting in part and denying in part 31 Motion for Extension of Time to File. In the absence of the electronic filing of a Stipulation of Dismissal, the parties shall file a Joint Pre-Trial Order by August 16, 2018. Absent exigent circumstances, no further extensions will be granted. Ordered by Judge Sterling Johnson, Jr on 6/17/2018. (Figeroux, Davina) |
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| Friday, June 15, 2018 | ||
| 24 | 24
First MOTION for Extension of Time to File by National Heritage Academies, Inc., Riverton Street Charter School. (Lima, Paul) |
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order
Order(Other)
Fri 06/15 10:50 AM
ORDER: Defendant has filed a HIPAA authorization and request for discovery on ECF. Reminder: Discovery materials unrelated to pending disputes or motions before this Court are not to be filed on ECF. The Clerk's Office is instructed to take down Dkt. No. 23 . So Ordered by Magistrate Judge Sanket J. Bulsara on 6/15/2018. (Zhang, Fan) |
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notice
Notice(Other)
Fri 06/15 12:37 PM
NOTICE: Pursuant to Judge Bulsara's Order dated 6/15/2018, docket entry 23 has been removed from the docket. (Manson, Eddie) |
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| Thursday, June 14, 2018 | ||
| 23 | 23
First MOTION for Extension of Time to File by National Heritage Academies, Inc., Riverton Street Charter School. (Lima, Paul) |
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| Friday, June 01, 2018 | ||
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order
Order on Motion for Hearing
Fri 06/01 10:22 AM
ORDER: The motion for a settlement conference22 is granted. A settlement conference is scheduled for August 14, 2018 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All parties must appear in person. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/1/2018. Associated Cases: 1:16-cv-02472-SJ-SJB, 1:16-cv-02594-SJ-SJB. (Zhang, Fan) |
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| Wednesday, May 30, 2018 | ||
| 22 | 22
First MOTION to Adjourn Conference by National Heritage Academies, Inc., Riverton Street Charter School. (Lima, Paul) |
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| Wednesday, May 23, 2018 | ||
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minutes
Settlement Conference Order on Motion to Adjourn Conference
Wed 05/23 5:16 PM
Minute Order for proceedings held before Magistrate Judge Sanket J. Bulsara: A settlement conference was held on 5/16/2018. Counsel for all parties were present. A settlement was not reached. The parties are directed to file a joint letter by May 30, 2018 as to whether another settlement conference would be productive and whether their clients could attend. So Ordered by Magistrate Judge Sanket J. Bulsara. Associated Cases: 1:16-cv-02472-SJ-SJB, 1:16-cv-02594-SJ-SJB. (FTR Log #2:13-2:14; 3:12-3:17.) (Zhang, Fan) |
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| Wednesday, May 16, 2018 | ||
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minutes
Status Conference ~Util - Set Hearings
Wed 05/16 4:42 PM
Minute Entry for proceedings held before Judge Sterling Johnson, Jr: Case called. Maurice Pianko and Paul Lima appearing. Status Conference held on 5/16/2018. The matter is set for Jury Selection and Trial 10/22/2018 09:30 AM in Courtroom 6B South before Judge Sterling Johnson Jr. Parties estimate a one-week trial. Joint Pretrial Order is to be filed by close of business on June 15, 2018. (Court Reporter Tony Mancuso.) (Rodriguez, Ana) |
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| Tuesday, May 15, 2018 | ||
| 21 | 21
First MOTION to Adjourn Conference by National Heritage Academies, Inc., Riverton Street Charter School. (Lima, Paul) |
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| Friday, May 04, 2018 | ||
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notice
Notice of Hearing
Fri 05/04 10:11 AM
NOTICE of Hearing: Status Conference set for 5/16/2018 11:00 AM in Courtroom 6B South before Judge Sterling Johnson Jr. (Rodriguez, Ana) |
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| Tuesday, February 20, 2018 | ||
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minutes
Status Conference
Tue 02/20 9:32 PM
Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: A status conference was held on 2/20/2018. Counsel for all parties were present. For the reasons stated on the record, the close of discovery is extended to April 16, 2018 on any matters the parties agree upon. The parties may not file any motions to compel. The parties must initiate any dispositive motion practice by April 30, 2018. No extensions shall be granted. So Ordered by Magistrate Judge Sanket J. Bulsara. (FTR Log #2:03-2:39.) |
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order
~Util - Set Scheduling Order Deadlines Order(Other)
Tue 02/20 9:37 PM
SCHEDULING ORDER: A status and settlement conference will take place on May 16, 2018 at 2:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All counsel must attend in person. Clients must be available by telephone. The parties are directed to follow Judge Bulsara's Individual Practices Regarding Settlement Conference which are available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/20/2018. (Zhang, Fan) |
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| Thursday, February 08, 2018 | ||
| 20 | 20
NOTICE of Appearance by Maurice Samuel Pianko on behalf of All Plaintiffs (aty to be noticed) (Pianko, Maurice) |
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| Friday, September 01, 2017 | ||
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utility
Case Assigned/Reassigned
Fri 09/01 12:37 PM
Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Marziliano, August) |
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| Monday, June 12, 2017 | ||
| 19 | 19
ORDER re (25 in 1:16-cv-02472-SJ-RLM) Proposed Scheduling Order filed by Anissa Phipps. See attached Order. Ordered by Chief Mag. Judge Roanne L. Mann on 6/12/2017. (Kelson, Lise) |
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| Monday, June 05, 2017 | ||
| 18 | 18
ORDER Re: ([DE #23] 16cv2472 . Ordered by Chief Mag. Judge Roanne L. Mann on 6/5/2017. (Kelson, Lise) |
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| Tuesday, May 30, 2017 | ||
| 17 | 17
MEMORANDUM AND ORDER re16 Settlement Conference. Fact discovery closed on May 17, 2017, and plaintiffs apparently have taken no discovery. Because these cases involve infant plaintiffs, the Court will not at this time recommend dismissal for lack of prosecution. However, less severe sanctions are in order, specifically, monetary sanctions imposed on plaintiffs' counsel, in the form of fee-shifting for the aborted May 22nd settlement conference that defense counsel was constrained to attend. If defendants wish to recover from plaintiffs' counsel the fees incurred by them in connection with that proceeding, they shall file a fee request by June 2, 2017, specifying the amount of time expended and Mr. Lima's hourly rate. Finally, the Court will tolerate no further delays in these cases or violations of court orders. The parties are directed to confer and, by June 2, 2017, to file a joint proposed schedule for expert discovery and requests for a pre-motion conference. Ordered by Chief Mag. Judge Roanne L. Mann on 5/30/2017. (Proujansky, Josh) |
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| Monday, May 22, 2017 | ||
| 16 | 16
Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann: Settlement Conference held on 5/22/2017. Although the Court waited well past the 1:15 p.m. start time for today's settlement conference, plaintiffs' counsel, Hattie Ragone, failed to appear. Plaintiffs' counsel reportedly has ignored three Emails from defense counsel, sent between April 11, 2017 and May 18, 2017, seeking to obtain modified authorizations and to confirm the scheduling of depositions.It thus appears that plaintiffs have abandoned this case and, in any event, have thwarted the taking of discovery. Plaintiffs, through counsel, are directed to show cause, via ECF by MAY 25, 2017, why the cases should not be dismissed for lack of prosecution and/or sanctions imposed on plaintiffs' counsel.***See attached Minute Entry for Complete Ruling. (Kelson, Lise) |
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| Tuesday, May 02, 2017 | ||
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order
Scheduling Order
Tue 05/02 4:06 PM
ELECTRONIC SCHEDULING ORDER: Due to a scheduling conflict, the settlement conference scheduled for 2:00 p.m. on May 22, 2017, will instead commence at 1:15 p.m. in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. Ordered by Chief Mag. Judge Roanne L. Mann on 5/2/2017. (Kelson, Lise) |
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| Wednesday, March 08, 2017 | ||
| 15 | 15
NOTICE of Appearance by Bella Pevzner on behalf of Riverton Street Charter School (aty to be noticed) (Pevzner, Bella) |
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| 14 | 14
NOTICE of Appearance by Paul X. Lima on behalf of Riverton Street Charter School (aty to be noticed) (Lima, Paul) |
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| 13 | 13
NOTICE of Appearance by Hattie Ragone on behalf of Camille Doherty (aty to be noticed) (Ragone, Hattie) |
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| Tuesday, March 07, 2017 | ||
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utility
Set/Reset Hearings
Tue 03/07 2:51 PM
Set/Reset Hearings: Settlement Conference set for 3/3/2017 @ 10:00 a.m. in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. (Kelson, Lise) |
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| Friday, March 03, 2017 | ||
| 12 | 12
Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann: Discovery Hearing held on 3/3/2017. Ms. Ragone, plaintiff's counsel in Phipps , is directed to file a stipulation of substitution in Doherty , and serve HIPPA authorizations in that case, by March 8, 2017 . Fact discovery is to be completed by May 17, 2017. The next settlement conference is scheduled May 22, 2017 @ 2:00 p.m. See attached Minute Entry for additional scheduling. (Kelson, Lise) Modified on 3/3/2017 (Kelson, Lise) |
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| Thursday, March 02, 2017 | ||
| 11 | 11
NOTICE of Appearance by Terry Ann Holmes on behalf of Riverton Street Charter School (aty to be noticed) (Holmes, Terry) |
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| 10 | 10
Letter Requesting a conversion from Settlement Conference to Status Conference by Riverton Street Charter School (Holmes, Terry) |
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| Tuesday, February 14, 2017 | ||
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order
Order(Other)
Tue 02/14 11:12 AM
ELECTRONIC ORDER re Electronic Order on 10/05/2016 scheduling settlement conference for both cases (March 13, 2017 at 10:00 a.m.). NOTE: the Settlement Conference scheduled for March 13, 2017 is advanced to March 3, 2017 at 2:00 p.m. due a scheduling conflict. Ordered by Chief Mag. Judge Roanne L. Mann on 2/14/2017. (Kelson, Lise) |
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| Wednesday, October 05, 2016 | ||
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order
Order Reassigning Case
Wed 10/05 11:46 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Sterling Johnson, Jr and Chief Mag. Judge Roanne L. Mann for all further proceedings. Chief Judge Dora Lizette Irizarry, Magistrate Judge Peggy Kuo no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 10/5/2016. (Davis, Kimberly) |
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order
Order(Other)
Wed 10/05 4:49 PM
ELECTRONIC ORDER re Initial Conference Hearing, Set Deadlines/Hearings, Order Reassigning Case. This case has been reassigned to Judge Johnson and the undersigned magistrate judge as related to Phipps v. Riverton Street Charter School , 16-CV-2472 (SJ/RLM). Discovery in both cases, must be consolidated and the schedule set in Phipps controls both cases, including the time and date (March 13, 2017 at 10:00 a.m.) for the settlement conference. Ordered by Chief Mag. Judge Roanne L. Mann on 10/5/2016. (Maynard, Pat) |
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| Thursday, September 22, 2016 | ||
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minutes
Initial Conference Hearing ~Util - Set Deadlines/Hearings
Tue 09/27 6:23 PM
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 9/22/2016. Attorney Chevone T. Toscano appeared on behalf of Plaintiffs. Attorney Terry Holmes-Nelson appeared on behalf of Defendants. Ms. Holmes-Nelson is directed to file a Notice of Appearance. Ms. Holmes-Nelson stated that the e-mail address of Defendants' counsel of record, Curtis Sobel, is csobel@sobelpevzner.com instead of csobel@sobellawgroup.com, which is the e-mail address currently listed on the docket sheet. Mr. Sobel is directed to file a Notice of Change in this action so that the Clerk's Office may update his e-mail address on the docket sheet. The parties did not prepare a proposed Initial Scheduling Order for the Court's consideration. The parties informed the Court of a related action filed in this Court arising from the same incident, in which the plaintiff and defendants are represented by the same counsel of record, styled Phipps v. Riverton Charter School et al., No. 16-cv-2472 (SJ) (RLM). Upon review of the docket sheet in that related action, the Court, with the consent of the parties, adopted the deadlines established by Chief Magistrate Judge Mann during an initial conference held on September 8, 2016: the parties in this action, shall complete fact discovery by March 3, 2017 and shall appear for a settlement conference on March 13, 2017 at 10:00 a.m. (Tape #10:35-11:02.) (Riquelme, Claudia) |
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| Friday, August 19, 2016 | ||
| 9 | 9
Corporate Disclosure Statement by National Heritage Academies, Inc. (Sobel, Curtis) |
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| 8 | 8
SCHEDULING ORDER: An initial conference will be held in this case on September 22, 2016 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 322 North of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend . Counsel are directed to the annexed Initial Conference Order for instructions, and are required to bring to the conference a completed copy of the attached proposed Initial Scheduling Order, a pdf-fillable version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-schedo.pdf. Any request for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference. Ordered by Magistrate Judge Peggy Kuo on 8/19/2016. (Riquelme, Claudia) |
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| Monday, August 08, 2016 | ||
| 7 | 7
VERIFIED ANSWER to1 Complaint, and JURY DEMAND by All Defendants. (Sobel, Curtis) |
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| Monday, July 18, 2016 | ||
| 6 | 6
WAIVER OF SERVICE Returned Executed by National Heritage Academies, Inc.. All Defendants. (Sobel, Curtis) |
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| Thursday, July 14, 2016 | ||
| 5 | 5
SUMMONS Returned Executed by Camille Doherty. Riverton Street Charter School served on 6/29/2016, answer due 7/20/2016. (Toscano, Chevone) |
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| Monday, May 23, 2016 | ||
| 4 | 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
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| 3 | 3
Summons Issued as to National Heritage Academies, Inc., Riverton Street Charter School. (Davis, Kimberly) |
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| 2 | 2
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
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utility
Case Assigned/Reassigned
Mon 05/23 1:35 PM
Case Assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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| Saturday, May 21, 2016 | ||
| 1 | 1
COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-8627496 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by CAMILLE DOHERTY. (Toscano, Chevone) |
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