Butler v. New Paltz Central School District et al
| New York Northern District Court | |
| Judge: | Thomas J Mcavoy |
| Referred: | Miroslav Lovric |
| Case #: | 1:23-cv-00969 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Aug 09, 2023 |
| Last checked: Monday Feb 05, 2024 3:22 AM EST |
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Defendant
Stephen Gratto
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Represented By
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Defendant
Bernard Josefsberg
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Represented By
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Defendant
New Paltz Central School District
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Represented By
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Mediator (Mandatory Program)
Elena DeFio Kean
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Represented By
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Plaintiff
Fredericka Butler
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Represented By
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| Docket last updated: 8 hours ago |
| Tuesday, February 04, 2025 | ||
| 45 | 45
respm
Statement of Material Facts
Tue 02/04 10:26 PM
STATEMENT OF MATERIAL FACTS re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Defendants' Response to Plaintiff's Counterstatement filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. (Lineen, Caroline) |
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respm
Reply to Response to Motion
Tue 02/04 10:24 PM
REPLY to Response to Motion re31 Motion for Summary Judgment,,, Reply Memorandum of Law filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. (Lineen, Caroline) |
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| Wednesday, January 29, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 01/29 2:11 PM
ORDER granting42 Motion for Extension of Time to File Response/Reply. Reply to Response to Motion due by 2/4/2025. Signed by Senior Judge Thomas J. McAvoy on 1/29/2025. (amt) |
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| Monday, January 27, 2025 | ||
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motion
Extension of Time to File Response/Reply
Mon 01/27 11:38 AM
MOTION for Extension of Time to File Response/Reply Letter Motion for Extension of Time to File Reply in Further Support of Motion for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Response to Motion due by 2/18/2025 Motions referred to Miroslav Lovric. (Lineen, Caroline) |
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| Friday, January 17, 2025 | ||
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Memorandum of Law
Fri 01/17 1:46 PM
MEMORANDUM OF LAW re31 Motion for Summary Judgment,,, filed by Fredericka Butler. (Sussman, Michael) |
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Affidavit in Opposition to Motion
Fri 01/17 1:40 PM
AFFIDAVIT in Opposition re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Declaration of Diana Armstead filed by Fredericka Butler. (Sussman, Michael) |
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respm
Affidavit in Opposition to Motion
Fri 01/17 1:30 PM
AFFIDAVIT in Opposition re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Affirmation of Michael H. Sussman and Exhibits 1-12 filed by Fredericka Butler.(Sussman, Michael) |
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| 38 | 38
respm
Affidavit in Opposition to Motion
Fri 01/17 1:22 PM
AFFIDAVIT in Opposition re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Declaration of Fredericka Butler in Opposition to Defendants' Opposition to Summary Judgment Motion filed by Fredericka Butler. (Sussman, Michael) |
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| 37 | 37
respm
Statement of Material Facts
Fri 01/17 1:19 PM
STATEMENT OF MATERIAL FACTS re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Plaintiff's Response to Statement of Material facts and Counterstatement filed by Fredericka Butler. (Sussman, Michael) |
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| Tuesday, January 14, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Tue 01/14 3:12 PM
TEXT ORDER granting the35 Motion for Extension of Time to File Response/Reply. Response to Motion due by 1/17/2025. Reply to Response to Motion due by 1/31/2025. Authorized by Senior Judge Thomas J. McAvoy on 1/14/2025. (amt) |
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| Friday, January 10, 2025 | ||
| 35 | 35
motion
Extension of Time to File Response/Reply
Fri 01/10 8:54 AM
MOTION for Extension of Time to File Response/Reply as to31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. filed by Fredericka Butler. Response to Motion due by 1/31/2025 Motions referred to Miroslav Lovric. (Sussman, Michael) |
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| Monday, December 16, 2024 | ||
| 34 | 34
respm
Affidavit in Support of Motion
Mon 12/16 11:42 AM
AFFIDAVIT in Support re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Exhibits S and Corrected Exhibit T in support of motion for summary judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg.(Lineen, Caroline) |
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| Friday, December 13, 2024 | ||
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misc
Text Notice of Filing Deficiency
Fri 12/13 3:53 PM
TEXT NOTICE OF FILING DEFICIENCY as to Stephen Gratto, Bernard Josefsberg, New Paltz Central School District regarding the31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy.. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. PLEASE NOTE THAT EXHIBITS I AND S ARE MISSING FROM THIS FILING. PLEASE NOTE THAT EXHIBIT T FILED AT ATTACHMENT 21 IS CUT OFF ON THE SIDE - CORRECTED DOCUMENTS NEEDS TO BE FILED.PLEASE FILE THIS DOCUMENTS INTO THIS CASE AND LINK THEM TO THIS MOTION. Notice of Filing Deficiency Deadline 12/18/2024 (hmr) |
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Text Notice of Filing Deficiency
Fri 12/13 3:59 PM
CORRECTED TEXT NOTICE OF FILING DEFICIENCY as to Stephen Gratto, Bernard Josefsberg, New Paltz Central School District regarding the31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy., Text Notice of Filing Deficiency,,,. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. COURT RECEIVED THE MISSING EXHIBIT I AT DKT NO.33 - EXHIBIT I DOES NOT NEED TO BE REFILED ONLY EXHIBIT IS MISSING FROM THIS FILING. PLEASE NOTE THAT EXHIBIT T FILED AT ATTACHMENT 21 IS CUT OFF ON THE SIDE - CORRECTED DOCUMENTS NEEDS TO BE FILED.PLEASE FILE THIS DOCUMENTS INTO THIS CASE AND LINK THEM TO THIS MOTION. Notice of Filing Deficiency Deadline 12/18/2024 (hmr) |
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| Thursday, December 12, 2024 | ||
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respm
Affidavit in Support of Motion
Thu 12/12 9:41 PM
AFFIDAVIT in Support re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Exhibit I to Affidavit in Support of Motion for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg.(Lineen, Caroline) |
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| Wednesday, December 11, 2024 | ||
| 32 | 32
respm
Statement of Material Facts
Wed 12/11 12:04 AM
STATEMENT OF MATERIAL FACTS re31 MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. (Lineen, Caroline) |
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| Tuesday, December 10, 2024 | ||
| 31 | 31
motion
Summary Judgment
Wed 12/11 12:00 AM
MOTION for Summary Judgment filed by New Paltz Central School District, Stephen Gratto, Bernard Josefsberg. Motion returnable before Judge Thomas McAvoy. Response to Motion due by 1/2/2025. Reply to Response to Motion due by 1/7/2025 (Lineen, Caroline) |
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| Tuesday, November 26, 2024 | ||
| 30 | 30
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order
Order on Letter Request
Wed 11/27 7:59 AM
ORDER granting29 Letter Request for an Extension of Dispositive Motion deadline. Dispositive Motion are to be filed by 12/10/2024. Signed by Magistrate Judge Miroslav Lovric on 11/26/2024. (jdc ) |
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| 29 | 29
motion
Letter Request/Motion
Tue 11/26 10:00 AM
Letter Motion from Caroline B. Lineen for New Paltz Central School District, Stephen Gratto, Bernard Josefsberg requesting Brief Extension Dispositive Motion Deadline and Briefing Schedule submitted to Judge Miroslav Lovric . (Lineen, Caroline) |
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| Thursday, October 10, 2024 | ||
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order
Order on Letter Request
Thu 10/10 8:37 AM
TEXT ORDER: Letter Motion27 is GRANTED insofar as and to the extent that: (1) the deadline to complete all Discovery, including all depositions, is extended to 11/1/2024; and (2) the deadline to file any dispositive Motions is extended to 12/3/2024. The parties are advised to make any extension requests before expiration of a deadline. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/10/2024. (jdc ) |
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| Wednesday, October 09, 2024 | ||
| 27 | 27
motion
Letter Request/Motion
Wed 10/09 2:07 PM
Letter Motion from Caroline B. Lineen for Stephen Gratto, Bernard Josefsberg, New Paltz Central School District requesting Joint Request for Extension of Discovery and Dispositive Motion Deadline submitted to Judge Miroslav Lovric . (Lineen, Caroline) |
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| Friday, September 20, 2024 | ||
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adr
Report of Mandatory Mediation
Fri 09/20 1:23 PM
REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on September 20, 2024. Total Hours Spent by Mediator: 4.9; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Kean, Elena) |
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adr
Confidentiality Agreement
Fri 09/20 8:06 AM
CONFIDENTIALITY AGREEMENT (Kean, Elena) |
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ADR Completed
Fri 09/20 2:03 PM
ADR COMPLETED - CASE DID NOT SETTLE. Mediator Elena DeFio Kean terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://forms.office.com/g/AGz4E8EBVa. Mediators can access the survey at https://forms.office.com/g/pfQiD2e4jy. Any questions can be directed to the ADR Coordinator.(amt) |
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| Wednesday, July 31, 2024 | ||
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order
Order on Letter Request
Wed 07/31 12:17 PM
TEXT ORDER: Letter Motion23 is GRANTED insofar as and to the extent that: (1) the deadline to complete Mandatory Mediation is extended to 9/30/2024; (2) the deadline to complete all Discovery, including all depositions, is extended to 9/30/2024; and (3) the deadline to file any dispositive Motions is extended to 10/31/2024. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/31/2024. (jdc ) |
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motion
Letter Request/Motion
Wed 07/31 10:39 AM
Letter Motion from Michael H. Sussman, Esq. for Fredericka Butler requesting Status report requesting extension of several dates submitted to Judge Lovric . (Sussman, Michael) |
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| Friday, May 31, 2024 | ||
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order
Order ~Util - Set Deadlines
Fri 05/31 11:00 AM
TEXT ORDER: The requests in Status Report21 are GRANTED insofar as and to the extent that the schedules and deadlines are extended as follows: (1) Mandatory Mediation shall be completed by 8/30/2024; (2) Plaintiff Expert Disclosure Deadline is 7/14/2024; and (3) Defendants Expert Disclosure Deadline is 7/14/2024. On or before 7/31/2024, the parties shall file next status reports regarding the progress of discovery and the litigation. The remaining schedules remain in effect as previously set, in that, all Discovery, including all depositions, shall be completed by 9/3/2024, Rebuttal Expert Disclosure Deadline is 8/2/2024, and dispositive Motions shall be filed by 10/15/2024. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 5/31/2024. (jdc ) |
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| Thursday, May 30, 2024 | ||
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misc
Status Report
Thu 05/30 12:32 PM
STATUS REPORT by Stephen Gratto, Bernard Josefsberg, New Paltz Central School District. (Lineen, Caroline) |
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| Tuesday, February 27, 2024 | ||
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order
Order ~Util - Set Deadlines
Tue 02/27 1:55 PM
TEXT ORDER: On or before 5/30/2024, the parties shall file next status reports regarding the progress of discovery and the litigation. For good cause shown, the schedules and deadlines are extended as follows: (1) Mandatory Mediation shall be completed by 7/1/2024; (2) all Discovery, including all depositions, shall be completed by 9/3/2024; (3) Plaintiff Expert Disclosure Deadline is 6/4/2024; (4) Defendants Expert Disclosure Deadline is 6/4/2024; (5) Rebuttal Expert Disclosure Deadline is 8/2/2024; and dispositive Motions shall be filed by 10/15/2024. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 2/27/2024. (jdc ) |
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Telephone Conference
Tue 02/27 1:52 PM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a status conference was held on 2/27/2024, via Teams teleconference. The parties advised the Court as to the status and progress of discovery and the litigation. For good cause shown, the Court extended the schedules and deadlines. The parties are directed to file next status reports by 5/30/2024. Appearances: M. Sussman, Esq., for the Plaintiff; and C. Lineen, Esq., for the Defendants. (jdc ) |
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| Tuesday, February 13, 2024 | ||
| 19 | 19
misc
Status Report
Tue 02/13 10:10 PM
STATUS REPORT by Stephen Gratto, Bernard Josefsberg, New Paltz Central School District. (Lineen, Caroline) |
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| Friday, January 19, 2024 | ||
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order
Order on Letter Request
Fri 01/19 12:25 PM
TEXT ORDER: In light of the filing of STIPULATION SELECTING MEDIATOR 17 , Letter Motion16 is DENIED as MOOT. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/19/2024. (jdc ) |
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adr
Stipulation Selecting Mediator
Fri 01/19 9:42 AM
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Elena DeFio Kean has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Caroline Lineen and Michael Sussman. Dated: January 19, 2024(Lineen, Caroline) |
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| 16 | 16
motion
Letter Request/Motion
Fri 01/19 9:19 AM
Letter Motion from Caroline B. Lineen for Stephen Gratto, Bernard Josefsberg, New Paltz Central School District requesting Extension of Time to File Section of Mediator submitted to Judge Honorable Miroslav Lovric . (Lineen, Caroline) |
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| Wednesday, January 10, 2024 | ||
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notice
Notice - Other
Wed 01/10 3:16 PM
TEXT NOTICE TO COUNSEL: The court ordered deadline for the parties to select a mediator in this action has expired as of December 13, 2023. See Dkt. No.15 . Please promptly select a mediator and then enter/complete the event "Civil Events/Mediation Documents/Stipulation Selecting Mediator" in CM/ECF. If the parties do not select a mediator and enter this event within the next seven (7) days, then the Court will appoint a mediator to this case for the parties. The deadline to complete mandatory mediation remains March 29, 2024. If the parties require an extension of the deadline to select a mediator and/or completion of mandatory mediation, then a letter motion requesting such relief must be filed in this action. (amt) |
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| Wednesday, November 15, 2023 | ||
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order
Order Referring Case to Mandatory Mediation
Thu 11/16 10:58 AM
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 12/13/2023. Deadline for completion of Mandatory Mediation is 3/29/2024. Signed by Magistrate Judge Miroslav Lovric on 11/15/2023. (jdc ) |
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| 14 | 14
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order
Uniform Pretrial Scheduling Order
Thu 11/16 10:57 AM
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4-5. Preferred Trial Location: Albany. Joinder of Parties due by 12/29/2023. Amended Pleadings due by 12/29/2023. Discovery due by 5/31/2024. Plaintiffs Expert Disclosure Deadline is 3/4/2024. Defendants Expert Disclosure Deadline is 3/4/2024. Rebuttal Expert Disclosure Deadline is 5/1/2024. Motions to be filed by 7/12/2024. Signed by Magistrate Judge Miroslav Lovric on 11/15/2023. (jdc ) |
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order
Order ~Util - Set Deadlines/Hearings
Thu 11/16 10:45 AM
TEXT ORDER: On or before 2/13/2024, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 2/27/2024 at 11:00 a.m. The Courtroom Deputy will provide counsel with a Teams invite that contains the call-in information. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/15/2023.(jdc ) |
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notice
Notice of Appearance
Wed 11/15 2:11 PM
NOTICE OF APPEARANCE by Jonathan R. Goldman on behalf of Fredericka Butler (Goldman, Jonathan) |
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minutes
Pretrial Conference - Initial
Thu 11/16 10:44 AM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 11/15/2023. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 2/27/2024 at 11:00 a.m. Appearances: J. Goldman, Esq. for the Plaintiff and C. Lineen, Esq. for the Defendants. (jdc ) |
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| Tuesday, November 07, 2023 | ||
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misc
Civil Case Management Plan
Tue 11/07 2:54 PM
CIVIL CASE MANAGEMENT PLAN by Stephen Gratto, Bernard Josefsberg, New Paltz Central School District. (Lineen, Caroline) |
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| Thursday, October 05, 2023 | ||
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answer
Answer to Complaint
Thu 10/05 5:42 PM
ANSWER to1 Complaint by Stephen Gratto, Bernard Josefsberg, New Paltz Central School District.(Lineen, Caroline) |
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| Tuesday, September 12, 2023 | ||
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order
Order on Letter Request
Tue 09/12 9:09 AM
TEXT ORDER: Letter Motion8 is GRANTED insofar as and to the extent that Defendants shall respond to the complaint by 10/5/2023. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/12/2023. (jdc ) |
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| Monday, September 11, 2023 | ||
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motion
Letter Request/Motion
Mon 09/11 1:18 PM
Letter Motion from Caroline B. Lineen for Stephen Gratto, Bernard Josefsberg, New Paltz Central School District requesting Extension of Time to Respond to Complaint submitted to Judge Honorable Miroslav Lovric . (Lineen, Caroline) |
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| 7 | 7
notice
Notice of Appearance
Mon 09/11 12:41 PM
NOTICE OF APPEARANCE by Caroline B. Lineen on behalf of All Defendants (Lineen, Caroline) |
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| Monday, August 28, 2023 | ||
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utility
Set/Reset Answer Deadline
Mon 08/28 1:25 PM
***Answer due date updated for Stephen Gratto answer due 9/14/2023; Bernard Josefsberg answer due 9/8/2023; New Paltz Central School District answer due 9/14/2023. (mgh) |
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| Friday, August 25, 2023 | ||
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service
Affidavit of Service
Fri 08/25 8:19 AM
AFFIDAVIT of Service for Summons, Complaint and GO 15 Order served on Stephen Gratto via Sandra Ermo, District Clerk on August 24, 2023, filed by Fredericka Butler. (Sussman, Michael) |
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| 5 | 5
service
Affidavit of Service
Fri 08/25 8:18 AM
AFFIDAVIT of Service for Summons, Complaint and GO 15 Order served on Bernard Josefsberg on August 18, 2023, filed by Fredericka Butler. (Sussman, Michael) |
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| 4 | 4
service
Affidavit of Service
Fri 08/25 8:16 AM
AFFIDAVIT of Service for Summons, Complaint and GO 15 Order served on New Paltz Central School District via Sandra Ermo, District Clerk on August 24, 2023, filed by Fredericka Butler. (Sussman, Michael) |
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| Monday, August 14, 2023 | ||
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notice
Notice - Other
Mon 08/14 11:37 AM
TEXT NOTICE: The Initial Conference scheduled for 11/15/2023 at 1:30PM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
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| Thursday, August 10, 2023 | ||
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misc
G.O. 25 Filing Order
Thu 08/10 12:02 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/15/2023 01:30 PM by Telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/8/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
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service
Summons Issued
Thu 08/10 11:54 AM
Summons Issued as to Stephen Gratto, Bernard Josefsberg, New Paltz Central School District.(mgh) |
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Summons Issued as to Bernard Josefsberg,
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Summons Issued as to Stephen Gratto
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| Wednesday, August 09, 2023 | ||
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cmp
Complaint
Thu 08/10 11:51 AM
COMPLAINT against Stephen Gratto, Bernard Josefsberg, New Paltz Central School District (Filing fee $402 receipt number ANYNDC-6405875) filed by Fredericka Butler.(mgh) |
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Civil Cover Sheet
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