New York Southern District Court
Judge:Philip M Halpern
Case #: 7:22-cv-08474
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause20:1400 IDEA: Individuals With Disabilities Education Act (short title)
Case Filed:Oct 05, 2022
Terminated:May 28, 2024
Last checked: Monday Apr 03, 2023 7:03 AM EDT
Defendant
North Rockland Central School District
Represented By
Neelanjan Choudhury
Thomas, Drohan, Waxman, Petigrow & Mayle, LLP
contact info
Plaintiff
L.J.B
Represented By
Mark Gutman
Gutman Vasiliou, LLP
contact info
Plaintiff
L.J.B.
Represented By
Mark Gutman
Gutman Vasiliou, LLP
contact info


Docket last updated: 3 hours ago
Tuesday, May 28, 2024
29 29 order Judgment - Clerk Tue 05/28 9:13 AM
CLERK'S JUDGMENT re:28 Memorandum & Opinion in favor of North Rockland Central School District against L.J.B, L.J.B. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 15, 2024, the SRO appropriately found that the District offered I.J.B. a FAPE, and accordingly, Plaintiff's motion for summary judgment is DENIED and summary judgment is GRANTED to Defendant. (Signed by Clerk of Court Ruby Krajick on 5/28/2024) (tp)
Related: [-]
Att: 1 Appeal Package
Monday, April 15, 2024
28 28 19 pgs order Memorandum & Opinion Mon 04/15 12:07 PM
OPINION AND ORDER re:24 MOTION for Summary Judgment . filed by L.J.B., L.J.B.The SRO appropriately found that the District offered I.J.B. a FAPE, and accordingly, Plaintiff's motion for summary judgment is DENIED and summary judgment is GRANTED to Defendant. The Clerk of Court is respectfully directed to terminate the motions pending at Doc. 22 and Doc. 24. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/15/2024) (jca)
Related: [-]
Wednesday, November 01, 2023
27 27 respm Reply Memorandum of Law in Support of Motion Wed 11/01 3:09 PM
REPLY MEMORANDUM OF LAW in Support re:24 MOTION for Summary Judgment . . Document filed by L.J.B, L.J.B...(Gutman, Mark)
Related: [-]
26 26 respm Memorandum of Law in Opposition to Motion Wed 11/01 3:01 PM
MEMORANDUM OF LAW in Opposition re:24 MOTION for Summary Judgment . . Document filed by North Rockland Central School District..(Choudhury, Neelanjan)
Related: [-]
25 25 respm Memorandum of Law in Support of Motion Wed 11/01 2:49 PM
MEMORANDUM OF LAW in Support re:24 MOTION for Summary Judgment . . Document filed by L.J.B, L.J.B...(Gutman, Mark)
Related: [-]
24 24 motion Summary Judgment Wed 11/01 2:48 PM
MOTION for Summary Judgment . Document filed by L.J.B, L.J.B...(Gutman, Mark)
Related: [-]
23 23 respm Memorandum of Law in Opposition to Motion Wed 11/01 1:24 PM
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re:20 MOTION for Summary Judgment . . Document filed by North Rockland Central School District..(Choudhury, Neelanjan) Modified on 11/1/2023 (kj)
Related: [-]
22 22 motion Oral Argument Wed 11/01 10:05 AM
LETTER MOTION for Oral Argument addressed to Judge Philip M. Halpern from Mark Gutman dated 11/01/2023. Document filed by L.J.B, L.J.B...(Gutman, Mark)
Related: [-]
21 21 respm Reply Memorandum of Law in Opposition to Motion Wed 11/01 10:00 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Opposition re:20 MOTION for Summary Judgment . . Document filed by L.J.B, L.J.B...(Gutman, Mark) Modified on 11/1/2023 (kj)
Related: [-]
20 20 motion Summary Judgment Wed 11/01 9:58 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by L.J.B, L.J.B...(Gutman, Mark) Modified on 11/1/2023 (kj)
Related: [-]
Att: 1 Supplement Plaintiff's Memorandum of Law
misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Wed 11/01 2:30 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Gutman to RE-FILE Document 20 MOTION for Summary Judgment .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents. (kj)
Related: [-]
misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Wed 11/01 2:32 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Gutman and Neelanjan Choudhury to RE-FILE Document 23 Memorandum of Law in Opposition to Motion, 21 Reply Memorandum of Law in Oppisition to Motion. ERROR(S): Supporting document(s) was linked to a deficient filing. Please refile once the Motion(s) is refiled properly. (kj)
Related: [-]
Monday, July 17, 2023
minutes Pre-Motion Conference Mon 07/17 3:56 PM
Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Telephone Conference held on 07/17/2023 regarding Plaintiff's anticipated motion for summary judgment. Counsel for all parties appeared by telephone. As stated on the record, the Court provided the parties with notice pursuant to Fed. R. Civ. P. 56(f), and sets the following briefing schedule: Motions for Summary Judgment shall be served, not filed, by 9/18/2023; Opposition to Motion for Summary Judgment to be served, not filed, by 10/18/2023; Reply to be served, and all motion papers filed, on 11/1/2023. Any request to file a sur-reply must be filed by 11/8/2023, and any sur-reply is not to exceed ten (10) pages. (Court Reporter AT&T Recording) (lnl)
Related: [-]
Friday, July 07, 2023
19 19 notice Notice of Appearance Fri 07/07 1:45 PM
NOTICE OF APPEARANCE by Steven Leon Banks on behalf of North Rockland Central School District..(Banks, Steven)
Related: [-]
Thursday, May 25, 2023
utility Set/Reset Hearings Thu 05/25 6:17 PM
ORDER: Due to a scheduling conflict, the pre-motion conference scheduled for 06/16/2023 is rescheduled to 07/17/2023 at 2:30 p.m. in Courtroom 520. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (pkr)
Related: [-]
Thursday, May 18, 2023
18 18 order Memo Endorsement ~Util - Set Hearings Thu 05/18 5:54 PM
MEMO ENDORSEMENT on re:16 Letter, filed by L.J.B., L.J.B. ENDORSEMENT: The Court shall hold a telephonic pre-motion conference on Defendants' anticipated summary judgment motion on June 16, 2023 at 10:00 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. SO ORDERED. ( Telephone Conference set for 6/16/2023 at 10:00 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 5/18/2023) (tg)
Related: [-]
Wednesday, May 17, 2023
17 17 respoth Response (non-motion) Wed 05/17 4:36 PM
FIRST RESPONSE re:16 Letter, in opposition to Plaintiffs pre-motion conference letter of May 15, 2023 . Document filed by North Rockland Central School District..(Choudhury, Neelanjan)
Related: [-]
Monday, May 15, 2023
16 16 misc Letter Mon 05/15 3:15 PM
SECOND LETTER addressed to Judge Philip M. Halpern from Mark Gutman dated 05/15/2023 re: Pre-Motion Letter re: Summary Judgment Motion. Document filed by L.J.B, L.J.B...(Gutman, Mark)
Related: [-]
Att: 1 Supplement Rule 56.1 Statement with Responses
Wednesday, May 10, 2023
15 15 2 pgs order Order on Motion for Leave to File Excess Pages Wed 05/10 6:16 PM
ORDER denying14 Letter Motion for Leave to File Excess Pages. Application denied. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/10/2023) (jca)
Related: [-]
14 14 motion File Excess Pages Wed 05/10 2:38 PM
FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Philip M. Halpern from Mark Gutman dated 05/10/2023. Document filed by L.J.B, L.J.B...(Gutman, Mark)
Related: [-]
13 13 order Memo Endorsement Wed 05/10 10:49 AM
MEMO ENDORSEMENT on re:12 Letter Summary Judgment Motion, filed by L.J.B., L.J.B. ENDORSEMENT : Application for leave to file a motion for summary judgment is DENIED. If Plaintiffs renew their application, should they be so advised, they must meet and confer with Defendants and comply with Rule 4(E)(v) of this Court's Individual Practices. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/9/23) (yv)
Related: [-]
Monday, May 08, 2023
12 12 misc Letter Mon 05/08 12:58 PM
FIRST LETTER addressed to Judge Philip M. Halpern from Mark Gutman dated 05/08/2023 re: Pre-Motion Letter re: Summary Judgment Motion. Document filed by L.J.B, L.J.B...(Gutman, Mark)
Related: [-]
Att: 1 Supplement Rule 56.1 Statement with Defendant Responses
11 11 misc State Court Records and Proceedings Purs. to Rule 81 Mon 05/08 12:52 PM
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by L.J.B, L.J.B., North Rockland Central School District.Motion or Order to File Under Seal:7 .(Gutman, Mark)
Related: [-]
Att: 1 Exhibit Administrative Record Part 2,
Att: 2 Exhibit Administrative Record Part 3,
Att: 3 Exhibit Administrative Record Part 4,
Att: 4 Exhibit Administrative Record Part 5,
Att: 5 Exhibit Administrative Record Part 6,
Att: 6 Exhibit Administrative Record Part 7,
Att: 7 Exhibit Administrative Record Part 8,
Att: 8 Exhibit Administrative Record Part 9,
Att: 9 Exhibit Administrative Record Part 10,
Att: 10 Exhibit Administrative Record Part 11,
Att: 11 Exhibit Administrative Record Part 12,
Att: 12 Exhibit Administrative Record Part 13,
Att: 13 Exhibit Administrative Record Part 14,
Att: 14 Exhibit Administrative Record Part 15,
Att: 15 Exhibit Administrative Record Part 16,
Att: 16 Exhibit Administrative Record Part 17,
Att: 17 Exhibit Administrative Record Part 18,
Att: 18 Exhibit Administrative Record Part 19,
Att: 19 Exhibit Administrative Record Part 20,
Att: 20 Exhibit Administrative Record Part 21,
Att: 21 Exhibit Administrative Record Part 22,
Att: 22 Exhibit Administrative Record Part 23,
Att: 23 Exhibit Administrative Record Part 24,
Att: 24 Exhibit Administrative Record Part 25,
Att: 25 Exhibit Administrative Record Part 26,
Att: 26 Exhibit Administrative Record Part 27,
Att: 27 Exhibit Administrative Record Part 28,
Att: 28 Exhibit Administrative Record Part 29,
Att: 29 Exhibit Administrative Record Part 30,
Att: 30 Exhibit Administrative Record Part 31,
Att: 31 Exhibit Administrative Record Part 32,
Att: 32 Exhibit Administrative Record Part 33,
Att: 33 Exhibit Administrative Record Part 34,
Att: 34 Exhibit Administrative Record Part 35,
Att: 35 Exhibit Administrative Record Part 36,
Att: 36 Exhibit Administrative Record Part 37,
Att: 37 Exhibit Administrative Record Part 38,
Att: 38 Exhibit Administrative Record Part 39,
Att: 39 Exhibit Administrative Record Part 40,
Att: 40 Exhibit Administrative Record Part 41,
Att: 41 Exhibit Administrative Record Part 42,
Att: 42 Exhibit Administrative Record Part 43,
Att: 43 Exhibit Administrative Record Part 44,
Att: 44 Exhibit Administrative Record Part 45,
Att: 45 Exhibit Administrative Record Part 46,
Att: 46 Exhibit Administrative Record Part 47,
Att: 47 Exhibit Administrative Record Part 48,
Att: 48 Exhibit Administrative Record Part 49,
Att: 49 Exhibit Administrative Record Part 51,
Att: 50 Exhibit Administrative Record Part 52,
Att: 51 Exhibit Administrative Record Part 53,
Att: 52 Exhibit Administrative Record Part 54,
Att: 53 Exhibit Administrative Record Part 55,
Att: 54 Exhibit Administrative Record Part 56,
Att: 55 Exhibit Administrative Record Part 57,
Att: 56 Exhibit Administrative Record Part 58,
Att: 57 Exhibit Administrative Record Part 59,
Att: 58 Exhibit Administrative Record Part 60,
Att: 59 Exhibit Administrative Record Part 61,
Att: 60 Exhibit Administrative Record Part 62,
Att: 61 Exhibit Administrative Record Part 63,
Att: 62 Exhibit Administrative Record Part 64,
Att: 63 Exhibit Administrative Record Part 65
Wednesday, May 03, 2023
10 10 1 pgs order Order Wed 05/03 1:35 PM
ORDER The Clerk of Court is respectfully directed to strike Doc. 9 from the docket. The parties are directed to meet and confer by May 10, 2023 regarding the Rule 56.1 Statement of Material Facts and the failure to comply with Rule 4(E)(v) of this Courts Individual Practices. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/3/2023) (jca)
Related: [-]
Monday, May 01, 2023
9 9 misc Counter Statement to Rule 56.1 Mon 05/01 4:40 PM
COUNTER STATEMENT TO Document filed by North Rockland Central School District..(Choudhury, Neelanjan)
Related: [-]
Monday, March 20, 2023
minutes Pretrial Conference - Initial Mon 03/20 12:08 PM
Minute Entry for proceedings held before Judge Philip M. Halpern: Initial Pretrial Telephone Conference held on 03/20/2023. Counsel for all parties appeared. Plaintiff shall serve Defendant with a Rule 56.1 Statement of Material Facts on 4/17/2023. Defendant's opposition to Plaintiff's 56.1 Statement of Material Facts shall be served on 5/1/2023. Plaintiff shall then serve and file a letter requesting a pre-motion conference to discuss the contemplated motion for summary judgment, in accordance with this Court's Individual Practices, on 5/8/2023. Defendant's response to Plaintiff's request for a pre-motion conference, if any, shall be served and filed on 5/17/2023. (fc)
Related: [-]
Monday, November 28, 2022
adr Mediation Conference Scheduled Mon 11/28 4:50 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 1/19/2023 at 10:00 AM in telephone or video conference.(mnp)
Related: [-]
Monday, November 21, 2022
adr Notice of Mediator Assignment Mon 11/21 10:28 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/21/2022.(ah)
Related: [-]
Wednesday, November 16, 2022
7 7 1 pgs order Order for Initial Pretrial Conference Wed 11/16 11:36 AM
ORDER: Plaintiffs' counsel is directed to provide a certified copy of the administrative record ("the Record") to counsel for the Defendant, and shall file the Record with the Court under seal pursuant to Federal Rule of Civil Procedure 5.2(d) and the Court's Individual Practices. The parties shall Bates number the pages in the Record such that each page is marked with a unique page number that both parties shall reference. An initial conference is scheduled for March 20, 2023 at 11:30 a.m. to be held by telephone. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. Initial Conference set for 3/20/2023 at 11:30 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 11/16/2022) (jca)
Related: [-]
6 6 order Mediation Referral Order Wed 11/16 11:34 AM
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/30/2022. (Signed by Judge Philip M. Halpern on 11/16/2022) (jca)
Related: [-]
Monday, November 14, 2022
5 5 answer Answer to Complaint Mon 11/14 12:37 PM
ANSWER to1 Complaint. Document filed by North Rockland Central School District..(Choudhury, Neelanjan)
Related: [-]
Thursday, October 06, 2022
4 4 service Summons Issued Thu 10/06 10:22 AM
ELECTRONIC SUMMONS ISSUED as to North Rockland Central School District. (vf)
Related: [-]
misc Notice to Attorney Regarding Party Modification Thu 10/06 10:11 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Gutman. The party information for the following party/parties has been modified: L.J.B. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
Related: [-]
misc Notice to Attorney Regarding Case Opening Statistical Error Correction Thu 10/06 10:19 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Gutman. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 899 (Other Statutes: Admin. Proced. Act/Review or Appeal of Agency Decision). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 448 (Civil Rights: Education). (vf)
Related: [-]
notice Case Opening Initial Assignment Notice Thu 10/06 10:20 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf)
Related: [-]
utility Case Designation Thu 10/06 10:20 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] . (vf)
Related: [-]
utility Case Designated ECF Thu 10/06 10:20 AM
Case Designated ECF. (vf)
Related: [-]
Wednesday, October 05, 2022
3 3 service Request for Issuance of Summons Wed 10/05 11:50 AM
REQUEST FOR ISSUANCE OF SUMMONS as to North Rockland Central School District, re:1 Complaint. Document filed by L.J.B. o/b/o I.J.B., L.J.B., individually..(Gutman, Mark)
Related: [-]
2 2 misc Civil Cover Sheet Wed 10/05 11:46 AM
CIVIL COVER SHEET filed..(Gutman, Mark)
Related: [-]
1 1 cmp Complaint Wed 10/05 11:45 AM
COMPLAINT against North Rockland Central School District. (Filing Fee $ 402.00, Receipt Number ANYSDC-26776925)Document filed by L.J.B., individually, L.J.B. o/b/o I.J.B...(Gutman, Mark)
Related: [-]