elliott v. Buffalo City School District et al (1:17-cv-00397), New York Western District Court

elliott v. Buffalo City School District et al

New York Western District Court
Judge:	William K Sessions III
Case #:	1:17-cv-00397
Nature of Suit	448 Civil Rights - Education
Cause	42:1983 Civil Rights Act

Case Filed:	May 10, 2017
Terminated:	Apr 10, 2018

Last checked: Monday Nov 06, 2017 4:24 AM EST

Defendant Crystal Boling-Barton	Represented By Robert L. Boreanaz Lipsitz Green Scime Cambria LLP contact info Patrick James Mackey Lipsitz Green Scime Cambria LLP contact info
Plaintiff Byshop Elliott	Represented By Robert Andrew Hodgson New York Civil Liberties Union Foundation contact info Christopher T. Dunn Ny Civil Liberties Union contact info Erin Beth Harrist New York Civil Liberties Union Foundation contact info
TERMINATED PARTIES
Defendant Buffalo City School District Terminated: 10/05/2017	Represented By Joel Clarence Moore City Of Buffalo Corporation Counsel'S Office contact info

1.	Lawsuit settled over alleged discrimintation against LGBTQ students at McKinley High (buffalonews.com)
	Submitted Tue 09/05/2017

2.	NYCLU files Lawsuit against Buffalo City School District alleging unequal treatment of LGBTQ students (artvoice.com)
	Submitted Thu 05/11/2017

Docket last updated: 3 hours ago

Monday, May 07, 2018
31		31 misc Transcript Mon 05/07 8:16 AM NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/10/18, before Judge Sessions. Court Reporter/Transcriber Michelle L. McLaughlin, RPR, Telephone number 716-332-3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/29/2018. Redacted Transcript Deadline set for 6/7/2018. Release of Transcript Restriction set for 8/6/2018. (SG) Related: [-]
Tuesday, April 10, 2018
30		30 order Judgment Tue 04/10 4:42 PM JUDGMENT that Plaintiff's Motion to Dismiss is granted and this case is dismissed. Signed by Mary C. Loewenguth, Clerk of Court on 4/10/2018. (KLH) Related: [-]
29		29 14 pgs order Order on Motion to Dismiss Order on Motion to Stay Order on Motion to Expedite Tue 04/10 4:34 PM OPINION AND ORDER granting19 Motion to Dismiss; denying as moot,23 Motion to Stay; and denying as moot,24 Motion to Expedite. Signed by Hon. William K. Sessions III on 4/10/2018. (KLH) Related: [-]
28		28 minutes Oral Argument ~Util - Motions Submitted Tue 04/10 3:41 PM Minute Entry for proceedings held before Hon. William K. Sessions III: Oral Argument held on 4/10/2018. Parties proceed to argument. Court reserves decision. Motions Submitted: 19 MOTION to Dismiss Claims Against Defendant Crystal Boling-Barton, Without Prejudice, Pursuant to FRCP 41(a)(2) . Court declines to hear argument on motion to stay; Court will issue decision before a purported deposition scheduled for Friday. APPEARANCES: R. Hodgson (pltf); P. Mackey and R. Boreanaz (deft Boling-Barton); J. Moore (deft Bflo City Sch Dist). (Court Reporter FTR Gold.) (GAI) Related: [-]
Thursday, April 05, 2018
		utility Set/Reset Hearings Thu 04/05 12:25 PM Notice: Oral Argument set for 4/10/2018 at 02:30 PM before Hon. William K. Sessions III. Location: Cattaraugus Courtroom (7 West) (JMM) Related: [-]
Tuesday, April 03, 2018
27		27 respm Response in Support of Motion Tue 04/03 12:01 PM RESPONSE in Support re24 MOTION to Expedite Plaintiff's Motion for Expedited Consideration of his Motion for a Brief Stay of Discovery in Light of Pending Motion to Dismiss Hearing on April 10 and Depositions of Counsel Scheduled for April 12-13 ,23 MOTION to Stay Plaintiff's Motion for a Brief Stay of Discovery in Light of Pending Motion to Dismiss Hearing on April 10 and Depositions of Counsel Scheduled for April 12-13 filed by Buffalo City School District. (Moore, Joel) Related: [-]
26		26 misc Declaration Tue 04/03 9:33 AM DECLARATION signed by Robert L. Boreanaz re23 MOTION to Stay Plaintiff's Motion for a Brief Stay of Discovery in Light of Pending Motion to Dismiss Hearing on April 10 and Depositions of Counsel Scheduled for April 12-13 filed by Crystal Boling-Barton Declaration in Opposition filed by Crystal Boling-Barton.(Boreanaz, Robert) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Memorandum of Law in Opposition
Monday, March 26, 2018
25		25 misc Declaration Mon 03/26 9:45 AM DECLARATION signed by Robert L. Boreanaz re24 MOTION to Expedite Plaintiff's Motion for Expedited Consideration of his Motion for a Brief Stay of Discovery in Light of Pending Motion to Dismiss Hearing on April 10 and Depositions of Counsel Scheduled for April 12-13 filed by Crystal Boling-Barton Declaration in Opposition filed by Crystal Boling-Barton. (Boreanaz, Robert) Related: [-]
Friday, March 23, 2018
24		24 motion Expedite Fri 03/23 1:03 PM MOTION to Expedite Plaintiff's Motion for Expedited Consideration of his Motion for a Brief Stay of Discovery in Light of Pending Motion to Dismiss Hearing on April 10 and Depositions of Counsel Scheduled for April 12-13 by Byshop Elliott.(Hodgson, Robert) Related: [-]
		Att: 1 Text of Proposed Order Proposed Order Granting Motion to Expedite Consideration of Plaintiff's Motion for a Brief Stay of Discovery,
		Att: 2 Exhibit Plaintiff's Motion for a Brief Stay of Discovery in Light of Pending Motion to Dismiss Hearing on April 10 and Depositions of Counsel Scheduled for April 12-13,
		Att: 3 Exhibit Hodgson Affirmation in Support of Plaintiff's Motion
23		23 motion Stay Fri 03/23 12:59 PM MOTION to Stay Plaintiff's Motion for a Brief Stay of Discovery in Light of Pending Motion to Dismiss Hearing on April 10 and Depositions of Counsel Scheduled for April 12-13 by Byshop Elliott.(Hodgson, Robert) Related: [-]
		Att: 1 Affidavit Affirmation of Robert Hodgson in support of the Plaintiff's Motion for a Brief Stay of Discovery
		utility E-Filing Notification Fri 03/23 10:13 AM E-Filing Notification regarding22 Letter. The assigned judge does not accept e-filed letter motions. ACTION REQUIRED: Reformat the document and re-file using the motion event. (SG) Related: [-]
Thursday, March 22, 2018
22		22 motion Stay Thu 03/22 6:15 PM MOTION to Stay Plaintiff's Letter Motion Requesting Brief Stay of Discovery Pending April 10 Hearing on Plaintiff's Motion to Dismiss Related [+] by Byshop Elliott.(Hodgson, Robert) Related: [-] garding request to stay depositions scheduled for April 12-13, 2018
		Att: 1 Affidavit Affirmation of Robert Hodgson in support of the Plaintiff's Letter Request to Stay Discovery (with exhibits)
Wednesday, March 14, 2018
21		21 respm Reply/Response Wed 03/14 12:31 PM REPLY/RESPONSE to re19 MOTION to Dismiss Claims Against Defendant Crystal Boling-Barton, Without Prejudice, Pursuant to FRCP 41(a)(2) ,20 Declaration,, PLAINTIFF'S REPLY IN SUPPORT OF HIS MOTION TO DISMISS CLAIMS AGAINST DEFENDANT CRYSTAL BOLING-BARTON, WITHOUT PREJUDICE, PURSUANT TO RULE 41(a)(2) filed by Byshop Elliott.(Hodgson, Robert) Related: [-]
		Att: 1 Affidavit Supplemental Affirmation of Robert Hodgson in Support of Plaintiff's Motion
Wednesday, March 07, 2018
20		20 misc Declaration Wed 03/07 2:58 PM DECLARATION signed by Patrick J. Mackey, Esq. re19 MOTION to Dismiss Claims Against Defendant Crystal Boling-Barton, Without Prejudice, Pursuant to FRCP 41(a)(2) filed by Crystal Boling-Barton in Opposition to Plaintiff's Motion for Voluntary Dismissal filed by Crystal Boling-Barton.(Mackey, Patrick) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J,
		Att: 11 Memorandum of Law in Opposition to Plaintiff's Motion for Voluntary Dismissal
Wednesday, February 21, 2018
19		19 motion Dismiss Wed 02/21 2:39 PM MOTION to Dismiss Claims Against Defendant Crystal Boling-Barton, Without Prejudice, Pursuant to FRCP 41(a)(2) by Byshop Elliott.(Hodgson, Robert) Related: [-]
		Att: 1 Memorandum in Support of Plaintiff's Motion to Dismiss Claims Against Defendant Crystal Boling-Barton, Without Prejudice, Pursuant to FRCP 41(a)(2),
		Att: 2 Affidavit Affirmation of Robert Hodgson in Support of the Plaintiff's Motion,
		Att: 3 Text of Proposed Order
Friday, February 09, 2018
18		18 cmp Crossclaim Amended Answer to Complaint Fri 02/09 11:02 AM AMENDED ANSWER to COMPLAINT WITH , CROSSCLAIM against Buffalo City School District by Crystal Boling-Barton. (Mackey, Patrick) Related: [-]
Monday, February 05, 2018
17		17 order Order on Motion for Leave to File Order on Motion to Amend/Correct Order on Motion to Vacate Order on Motion for Extension of Time to File Response/Reply Mon 02/05 1:13 PM ORDER granting as unopposed13 Motion for Leave to File; granting as unopposed13 Motion to Amend or Correct; granting as unopposed15 Motion to Vacate14 Stipulation and Order ; denying as moot16 Motion for Extension of Time to File Response/Reply.. Signed by Hon. William K. Sessions III on 02/05/18. (EE) Related: [-]
Friday, November 03, 2017
16		16 motion Extension of Time to File Response/Reply Fri 11/03 4:29 PM MOTION for Extension of Time to File Response/Reply Co-Defendant Crystal Boling-Barton's Motion to Vacate by Buffalo City School District.(Moore, Joel) Related: [-]
		Att: 1 Declaration Attorney Declaration
Friday, October 20, 2017
15		15 motion Vacate Fri 10/20 1:58 PM MOTION to Vacate Order of Dismissal granted 10.04.17 by Crystal Boling-Barton.(Mackey, Patrick) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Declaration,
		Att: 3 Exhibit A - Order of Dismissal,
		Att: 4 Exhibit B - Defendant's motion papers,
		Att: 5 Exhibit C - Complaint,
		Att: 6 Exhibit D - Answer,
		Att: 7 Exhibit E - Proposed Amended Answer
Thursday, October 05, 2017
14		14 order Stipulation and Order Thu 10/05 8:35 AM STIPULATION AND ORDER for Settlement and Dismissal of defendant Buffalo City School District. Signed by Hon. William K. Sessions III on 10/4/17. (SG) Related: [-]
Thursday, September 28, 2017
13		13 motion Leave to File Document Amend/Correct Thu 09/28 3:28 PM MOTION for Leave to File , MOTION to Amend/Correct Answer by Crystal Boling-Barton.(Mackey, Patrick) Related: [-]
		Att: 1 Declaration in Support,
		Att: 2 Exhibit Ex A to Declaration,
		Att: 3 Exhibit Ex B to Declaration,
		Att: 4 Exhibit Ex C to Declaration,
		Att: 5 Memorandum in Support
Friday, September 01, 2017
12		12 misc Settlement Agreement Fri 09/01 12:36 PM SETTLEMENT AGREEMENT between the Plaintiff and the Defendant Buffalo City School District and PROPOSED ORDER OF DISMISSAL as to the Defendant Buffalo City School District by Byshop Elliott. (Hodgson, Robert) Related: [-]
Wednesday, July 19, 2017
11		11 notice Notice of Appearance Wed 07/19 1:55 PM NOTICE of Appearance by Robert L. Boreanaz on behalf of Crystal Boling-Barton (Boreanaz, Robert) Related: [-]
10		10 answer Answer to Complaint Wed 07/19 1:53 PM ANSWER to1 Complaint, by Crystal Boling-Barton.(Mackey, Patrick) Related: [-]
9		9 notice Notice of Appearance Wed 07/19 1:49 PM NOTICE of Appearance by Patrick James Mackey on behalf of Crystal Boling-Barton (Mackey, Patrick) Related: [-]
Monday, July 10, 2017
8		8 order Order on Motion for Extension of Time to Answer Mon 07/10 1:37 PM ORDER granting as unopposed5 Motion for Extension of Time to Answer. Signed by Hon. William K. Sessions III on 07/10/17. (EE) Related: [-]
7		7 service Affidavit of Service Mon 07/10 12:35 PM AFFIDAVIT of Service for Complaint served on Crystal Boling-Barton on June 21, 2017, filed by Byshop Elliott. (Hodgson, Robert) Related: [-]
Wednesday, July 05, 2017
		adr ADR Plan Wed 07/05 1:10 PM ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) Related: [-]
Friday, June 30, 2017
6		6 answer Answer to Complaint Fri 06/30 3:50 PM ANSWER to Complaint by Buffalo City School District.(Moore, Joel) Related: [-]
Friday, June 09, 2017
5		5 motion Extension of Time to File Answer Fri 06/09 3:52 PM First MOTION for Extension of Time to File Answer by Buffalo City School District.(Moore, Joel) Related: [-]
		Att: 1 Affidavit Declaration,
		Att: 2 Certificate of Service
4		4 notice Notice of Appearance Fri 06/09 3:22 PM NOTICE of Appearance by Joel Clarence Moore on behalf of Buffalo City School District (Moore, Joel) Related: [-]
Thursday, June 08, 2017
3		3 service Affidavit of Service Thu 06/08 6:18 PM AFFIDAVIT of Service for Summons and Complaint served on Buffalo City School District on May 11, 2017, filed by Byshop Elliott. (Hodgson, Robert) Related: [-]
Thursday, May 11, 2017
2		2 service Summons Issued Thu 05/11 11:15 AM Summons Issued as to Crystal Boling-Barton, Buffalo City School District. (SG) Related: [-]
		utility Case Assigned/Reassigned Thu 05/11 11:10 AM Case assigned to Hon. William K. Sessions, III. Notification to Chambers of on-line civil case opening. (SG) Related: [-]
		adr Automatic Referral to Mediation Thu 05/11 11:10 AM AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) Related: [-]
		notice Notice of Availability of Magistrate Judge Thu 05/11 11:10 AM 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. (SG) Related: [-]
Wednesday, May 10, 2017
1		1 12 pgs cmp Complaint Wed 05/10 12:21 PM COMPLAINT against All Defendants $ 400 receipt number 0209-2782271, filed by byshop elliott.(Hodgson, Robert) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Summons: for defendants Buffalo City School District and Crystal Boling-Barton

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