Schneider et al v. Mahopac Central School District et al
New York Southern District Court | |
Judge: | Cathy Seibel |
Case #: | 7:20-cv-00709 |
Nature of Suit | 448 Civil Rights - Education |
Cause | 28:1331 Fed. Question |
Case Filed: | Jan 27, 2020 |
Terminated: | Aug 31, 2021 |
Last checked: Saturday Jul 25, 2020 5:05 AM EDT |
Defendant
Marc O'Connor
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Represented By
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Defendant
Dr. Greg Stowell
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Represented By
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Defendant
Michael Simone
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Represented By
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Defendant
Adam Savino
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Represented By
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Defendant
Ben Pallant
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Represented By
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Defendant
Michael Mongon
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Represented By
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Defendant
Ray McDonough
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Represented By
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Defendant
Lucy Massafra
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Represented By
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Defendant
Leslie Mancuso
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Represented By
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Defendant
Mahopac Central School District
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Represented By
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Defendant
Lawrence Keene
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Represented By
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Defendant
David Furfaro
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Represented By
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Defendant
Anthony DiCarlo
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Represented By
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Plaintiff
Jonathan Schneider
24 Jackson Road
Mahopac, NY 10541 |
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TERMINATED PARTIES | |
Plaintiff
Isabella Schneider
Terminated: 01/30/2020
24 Jackson Road
Mahopac, NY 10541 |
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Plaintiff
Jackson H. Schneider
Terminated: 01/30/2020
24 Jackson Road
Mahopac, NY 10541 |
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Plaintiff
Karly L. Schneider
Terminated: 01/30/2020
24 Jackson Road
Mahopac, NY 10541 |
Docket last updated: 6 hours ago |
Tuesday, May 24, 2022 | ||
46 | 46
![]() MANDATE of USCA (Certified Copy) as to45 Notice of Appeal filed by Jonathan Schneider. USCA Case Number 21-2201 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/24/2022..(nd) |
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appeal
Transmission of USCA Mandate/Order to District Judge
Tue 05/24 2:55 PM
Transmission of USCA Mandate to the District Judge re:46 USCA Mandate,..(nd) |
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Monday, September 13, 2021 | ||
45 | 45
![]() NOTICE OF APPEAL from43 Opinion & Order,44 Clerk's Judgment,,. Document filed by Jonathan Schneider. Filing fee $ 505.00, receipt number 465407018666. Form D-P is due within 14 days to the Court of Appeals, Second Circuit..(nd) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Mon 09/13 2:46 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:45 Notice of Appeal..(nd) |
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appeal
Appeal Record Sent to USCA - Electronic File
Mon 09/13 2:47 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for45 Notice of Appeal filed by Jonathan Schneider were transmitted to the U.S. Court of Appeals..(nd) |
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Tuesday, August 31, 2021 | ||
44 | 44
![]() CLERK'S JUDGMENT re:43 Memorandum & Opinion in favor of Mahopac Central School District, Adam Savino, Anthony DiCarlo, Ben Pallant, David Furfaro, Greg Stowell, Lawrence Keene, Leslie Mancuso, Lucy Massafra, Marc O'Connor, Michael Mongon, Michael Simone, Ray McDonough against Jonathan Schneider. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated August 31, 2021, Defendants' motion to dismiss is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/31/2021) (km) |
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Att: 1
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43 | 43
![]() OPINION & ORDER re:37 MOTION to Dismiss Plaintiff's Second Amended Complaint . filed by Greg Stowell, Mahopac Central School District, Adam Savino, Marc O'Connor, Lawrence Keene, Ray McDonough, Michael Mongon, Ben Pallant, David Furfaro, Lucy Massafra, Leslie Mancuso, Anthony DiCarlo, Michael Simone. For the foregoing reasons, Defendants' motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to terminate the pending motion, (Doc. 37), and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 8/31/2021) (mml) |
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misc
Mail Order by USPS
Tue 08/31 1:43 PM
Mailed a copy of44 Clerk's Judgment and Appeals forms to Jonathan Schneider at 24 Jackson Road Mahopac, NY 10541.(km) |
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Thursday, July 08, 2021 | ||
41 | 41
![]() NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Jonathan Schneider..(Bell, William) |
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Monday, February 01, 2021 | ||
40 | 40
![]() REPLY MEMORANDUM OF LAW in Support re:37 MOTION to Dismiss Plaintiff's Second Amended Complaint . . Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(D'Amico, Amanda) |
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Friday, January 15, 2021 | ||
39 | 39
![]() LETTER addressed to Judge Cathy Seibel from Jonathan Schneider dated 1/15/2021 re: Letter in response to defendants motion to dismiss Plaintiff's Second Amended Complaint. Document filed by Jonathan Schneider..(rj) |
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Wednesday, December 23, 2020 | ||
38 | 38
![]() INTERNET CITATION NOTE: Material from decision with Internet citation re:30 Order for Limited Appearance of Pro Bono Counsel. (sjo) |
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Tuesday, December 15, 2020 | ||
37 | 37
![]() MOTION to Dismiss Plaintiff's Second Amended Complaint . Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(D'Amico, Amanda) |
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Att: 1
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Att: 2
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Att: 3
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Thursday, November 12, 2020 | ||
36 | 36
order
Order on Motion for Extension of Time
Thu 11/12 5:09 PM
ORDER granting32 Letter Motion for Extension of Time: See Doc. 35. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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35 | 35
order
Order on Motion for Extension of Time
Thu 11/12 5:05 PM
ORDER granting34 Letter Motion for Extension of Time: Motion due by 12/15/20. Opposition due by 1/18/21. Reply due by 2/1/21. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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34 | 34
![]() LETTER MOTION for Extension of Time re: Defendants' Motion to Dismiss addressed to Judge Cathy Seibel from Amanda E. D'Amico dated November 12, 2020. Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(D'Amico, Amanda) |
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33 | 33
order
Order on Motion for Extension of Time
Thu 11/12 2:09 PM
ORDER deferring ruling on32 Motion for Extension of Time: Per section 1.E of my Individual Practices, Defendants shall advise as to whether Plaintiff consents. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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32 | 32
![]() LETTER MOTION for Extension of Time re: Defendants' Motion to Dismiss addressed to Judge Cathy Seibel from Amanda E. D'Amico dated November 12, 2020. Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(D'Amico, Amanda) |
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Friday, October 30, 2020 | ||
31 | 31
![]() SECOND AMENDED COMPLAINT amending21 Amended Complaint, against Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell with JURY DEMAND.Document filed by Jonathan Schneider. Related document:21 Amended Complaint,.(rj) |
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Thursday, October 01, 2020 | ||
30 | 30
![]() ORDER GRANTING PRO BONO COUNSEL:..For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent Plaintiff for the limited purposes described above. The Court advises Plaintiff that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and plaintiff should be prepared to proceed with the case without an attorney. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Cathy Seibel on 10/1/2020) (kv) |
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Wednesday, September 30, 2020 | ||
minutes
Pre-Motion Conference
Thu 10/01 10:08 AM
Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 9/30/2020. Plaintiff Jonathan Schneider appears telephonically. Defendants' counsel Amanda D'Amico, Esq. appears telephonically. Law Clerk Ryan Partelow appears telephonically. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Second Amended Complaint (if choosing to file) to be submitted by October 30, 2020. Defendants' Motion (or Answer) to be submitted by November 30, 2020; Plaintiff's opposition (if Motion filed) due January 4, 2021; Defendants' reply due January 18, 2021. The Court will look into volunteer counsel availability for the purposes of mediation for Plaintiff. See transcript. (Court Reporter Sue Ghorayeb) (wc) |
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Tuesday, September 29, 2020 | ||
29 | 29
![]() LETTER addressed to Judge Cathy Seibel from Jonathan Schneider dated 9/25/2020 re: Please accept this communication as a response to the Defendants letter dated August 28, 2020 regarding their request for a pre-motion conference and permission to move to dismiss. Document filed by Jonathan Schneider..(rj) |
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Friday, September 25, 2020 | ||
28 | 28
![]() LETTER addressed to Judge Cathy Seibel from Jonathan Schneider dated 9/25/2020 re: Please accept this communication as a response to the Defendants letter dated 8/20/20 regarding their request for a pre-motion conference and permission to move to dismiss. Document filed by Jonathan Schneider.(sbr) |
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Friday, August 28, 2020 | ||
27 | 27
order
Order on Motion for Conference
Fri 08/28 5:01 PM
ORDER granting26 Letter Motion for Conference: Pre-Motion Conference set for 9/30/20 at 10:00 am. Plaintiff shall state his position, by letter of no more than 3 pages, by 9/27/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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26 | 26
![]() LETTER MOTION for Conference re: Defendants' Motion to Dismiss Plaintiff's Amended Complaint addressed to Judge Cathy Seibel from Amanda E. D'Amico dated August 28, 2020. Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(D'Amico, Amanda) |
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25 | 25
![]() NOTICE OF APPEARANCE by Amanda E. D'Amico on behalf of Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(D'Amico, Amanda) |
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Thursday, July 02, 2020 | ||
24 | 24
order
Order on Motion for Extension of Time to File Response/Reply
Thu 07/02 9:49 PM
ORDER granting23 Letter Motion for Extension of Time to File Response/Reply; Defendants' time to respond to the Amended Complaint is extended to 8/30/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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23 | 23
![]() FIRST LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Amended Complaint addressed to Judge Cathy Seibel from Lewis Silverman dated July 2, 2020. Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(Silverman, Lewis) |
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Wednesday, July 01, 2020 | ||
22 | 22
![]() AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Anthony DiCarlo served on 6/15/2020, answer due 7/6/2020; David Furfaro served on 6/15/2020, answer due 7/6/2020; Lawrence Keene served on 6/15/2020, answer due 7/6/2020; Mahopac Central School District served on 6/15/2020, answer due 7/6/2020; Leslie Mancuso served on 6/15/2020, answer due 7/6/2020; Lucy Massafra served on 6/15/2020, answer due 7/6/2020; Ray McDonough served on 6/15/2020, answer due 7/6/2020; Michael Mongon served on 6/15/2020, answer due 7/6/2020; Marc O'Connor served on 6/15/2020, answer due 7/6/2020; Ben Pallant served on 6/15/2020, answer due 7/6/2020; Adam Savino served on 6/15/2020, answer due 7/6/2020; Michael Simone served on 6/15/2000, answer due 7/6/2000; Greg Stowell served on 6/15/2020, answer due 7/6/2020. Service was made by Cert. Mail. Document filed by Jonathan Schneider. (sc) (sc). (sc) |
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Att: 1
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Att: 2
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Friday, June 12, 2020 | ||
21 | 21
![]() AMENDED COMPLAINT, re: amending 1 Complaint, against Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell with JURY DEMAND.Document filed by Jonathan Schneider. Related document: 1 Complaint.(sc) |
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20 | 20
![]() LETTER addressed to Judge Cathy Seibel from Jonathan Schneider, dated 6/11/20 re: Please accept this communications as a response to your directions related to our conference call on 4/28/20. As per your recommendations, I amended the complaint to clarify this action etc. Document filed by Jonathan Schneider.(sc) |
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Tuesday, April 28, 2020 | ||
minutes
Pre-Motion Conference
Tue 04/28 4:04 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 4/28/2020. Plaintiff Jonathan Schneider appears telephonically. Defendants' counsel(s) Amanda D'Amico, Esq. and Lewis Silverman, Esq. appear telephonically. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint to be submitted by June 11, 2020. Defendants' Motion to Dismiss (or Answer) to be submitted by July 13, 2020; Plaintiff's opposition (if Motion filed) due August 13, 2020; Defendants' reply due August 27, 2020. See transcript. (Court Reporter Angela O'Donnell) (wc) |
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Friday, April 24, 2020 | ||
18 | 18
![]() LETTER addressed to Judge Cathy Seibel from Jonathan Schneider dated 4/21/2020 re: Please accept this communication as a response to the Defendants Letter dated March 20, 2020 regarding their request for a pre-motion conference and permission to move to dismiss the complaint. Document filed by Jonathan Schneider. (mml) |
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Thursday, April 23, 2020 | ||
19 | 19
![]() LETTER addressed to Judge Cathy Seibel from Jonathan Schneider dated 4/21/20 re: Please accept this communication as a response to the Defendants letter dated March 20, 2020 regarding their request for a pre-motion conference and permission to move to dismiss the complaint. Document filed by Jonathan Schneider.(sbr) |
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Tuesday, April 21, 2020 | ||
17 | 17
order
Order on Motion for Conference
Tue 04/21 9:24 AM
ORDER granting16 Letter Motion for Conference: Ms. D'Amico may attend the conference (which will be by phone) along with Mr. Silverman. (If she wishes to be able to appear alone between now and when she is admitted, she may apply for permission to appear pro hac vice). (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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16 | 16
![]() LETTER MOTION for Conference Permission for Attorney to Appear at Pre-Motion Conference addressed to Judge Cathy Seibel from Lewis Silverman dated April 21, 2020. Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(Silverman, Lewis) |
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Friday, March 20, 2020 | ||
15 | 15
order
Order on Motion for Conference
Fri 03/20 5:52 PM
ORDER granting14 Letter Motion for Conference: Pre-Motion Conference set for 4/28/2020 at 12:15 PM before Judge Cathy Seibel. Plaintiff shall respond to Defendants' letter by 4/21/20. This will be a phone conference; see my emergency rules on the Court's website for more information. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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14 | 14
![]() FIRST LETTER MOTION for Conference re Complaint addressed to Judge Cathy Seibel from Lewis Silverman dated March 20, 2020. Document filed by Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(Silverman, Lewis) |
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Monday, March 16, 2020 | ||
13 | 13
![]() PROOF OF SERVICE of Complaint and Additional Items, 19 page letter dated 12/14/19 served on Mahopac Central School on 1/29/20. Service was accepted by Denise Ryan-School Secretary. Document filed by Jonathan Schneider. (sbr) |
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Friday, February 21, 2020 | ||
12 | 12
![]() NOTICE OF APPEARANCE by Lewis R. Silverman on behalf of Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell..(Silverman, Lewis) |
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Thursday, February 13, 2020 | ||
11 | 11
![]() NOTICE OF APPEARANCE by Steven Leon Banks on behalf of Mahopac Central School District..(Banks, Steven) |
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10 | 10
order
Order on Motion for Extension of Time to Answer
Thu 02/13 11:46 AM
ORDER granting9 Letter Motion for Extension of Time to Answer: All Defendants may have until 3/20/20 to respond to the Complaint. Mr. Banks should file a notice of appearance for the District forthwith. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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9 | 9
![]() LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Cathy Seibel from Steven L. Banks dated February 13, 2020. Document filed by Mahopac Central School District..(Banks, Steven) |
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Wednesday, February 05, 2020 | ||
8 | 8
![]() Original Signature Page. Document filed by Jonathan Schneider. (sbr) |
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7 | 7
![]() LETTER addressed to Judge Cathy Seibel from Jonathan Schneider dated 2/5/20 re: thank you for your time regarding this communication. It is being written in hopes to communicate my family's predicament to you regarding the above referenced case. Document filed by Jonathan Schneider.(sbr) |
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Friday, January 31, 2020 | ||
misc
Mail Order by USPS
Fri 01/31 8:38 AM
Mailed a copy of5 Order,6 Order, Add and Terminate Parties, to Jonathan Schneider 24 Jackson Road Mahopac, NY 10541. (aea) |
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Thursday, January 30, 2020 | ||
6 | 6
![]() ORDER: The Clerk of Court is directed to transmit a copy of this order to Plaintiff and note service on the docket. Plaintiff Jonathan Schneider is the only Plaintiff in this case. The Com1 dismisses without prejudice the claims of the other Plaintiffs named in the caption of the complaint. Because the civil cover sheet, complaint, and supporting documentation reveal the full name of Plaintiffs minor child, the Court directs the Clerk of Court to limit electronic access to these documents (ECF Nos. 1, 111, 2) to a "case-participant only" basis. Plaintiff must comply with Rule 5.2(a)(3) when submitting any documents in the future. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Isabella Schneider and Jackson H. Schneider terminated.) (Signed by Judge Cathy Seibel on 1/30/2020) (rro) Transmission to Docket Assistant Clerk for processing. |
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5 | 5
![]() ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to resubmit the signature page of the complaint with an original signature to the Court within thirty days of the date of this order. A copy of the signature page is attached to this order. The Clerk of Court is directed to transmit a copy of this order to Plaintiff and note service on the docket. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed.The Court certifies under 28 U.S.C. § 19l5(a)(3) that any appeal from this order would not be taken in good faith, and therefore in form a pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Signed by Judge Cathy Seibel on 1/30/2020) (rro) Transmission to Docket Assistant Clerk for processing. |
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Monday, January 27, 2020 | ||
3 | 3
![]() PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Jonathan M. Schneider consents to receive electronic service via the ECF system. Document filed by Jonathan Schneider. (sac) |
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2 | 2
![]() CIVIL COVER SHEET filed. (sac) |
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utility
Case Designated ECF
Thu 01/30 10:46 AM
Case Designated ECF. (sac) |
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utility
Case Designation
Thu 01/30 10:47 AM
Magistrate Judge Judith C. McCarthy 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sac) |
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service
Summons Issued
Thu 01/30 10:49 AM
SUMMONS ISSUED as to Anthony DiCarlo, David Furfaro, Lawrence Keene, Mahopac Central School District, Leslie Mancuso, Lucy Massafra, Ray McDonough, Michael Mongon, Marc O'Connor, Ben Pallant, Adam Savino, Michael Simone, Greg Stowell. (sac) |