Rhode Island District Court
Judge:Mary S Mcelroy
Referred: Patricia A Sullivan
Case #: 1:23-cv-00477
Nature of Suit448 Civil Rights - Education
Cause20:1400 Civil Rights of Handicapped Child
Case Filed:Nov 14, 2023
Last checked: Sunday May 12, 2024 4:40 AM EDT
Defendant
Ashley Deckert
Represented By
Neville J. Bedford
Law Office Neville Bedford
contact info
Defendant
David Testa
Represented By
Andrew D. Henneous
Henneous Carroll Lombardo
contact info
Plaintiff
A. A.
Represented By
Sonja L. Deyoe
Law Offices Of Sonja L. Deyoe
contact info
Plaintiff
C.S.
Represented By
Sonja L. Deyoe
Law Offices Of Sonja L. Deyoe
contact info


Docket last updated: 06/03/2025 11:59 PM EDT
Tuesday, May 20, 2025
misc Letter Tue 05/20 8:40 AM
Letter from Sonya Deyoe (Potter, Carrie)
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Wednesday, May 07, 2025
41 41 answer Answer to Amended Complaint Wed 05/07 2:34 PM
ANSWER to27 Amended Complaint, by Rhode Island Department of Education.(Cottone, Anthony)
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40 40 misc Stipulation Wed 05/07 2:32 PM
STIPULATION filed by Rhode Island Department of Education. (Cottone, Anthony)
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Thursday, May 01, 2025
39 39 2 pgs order Order Thu 05/01 3:16 PM
Trial Order entered. So Ordered by District Judge Mary S. McElroy on 5/1/2025. (Potter, Carrie)
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Friday, January 03, 2025
38 38 notice Notice of Appearance Fri 01/03 10:50 AM
NOTICE of Appearance by Chelsea Baittinger on behalf of Rhode Island Office of the Child Advocate (Baittinger, Chelsea)
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Wednesday, November 27, 2024
37 37 answer Answer to Amended Complaint Wed 11/27 10:40 AM
ANSWER to27 Amended Complaint, by Rhode Island Office of the Child Advocate.(Haibon, Shannon)
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36 36 notice Notice of Appearance Wed 11/27 10:36 AM
NOTICE of Appearance by Shannon L. Haibon on behalf of Rhode Island Office of the Child Advocate (Haibon, Shannon)
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Monday, November 11, 2024
35 35 service Waiver of Service Executed Mon 11/11 3:38 PM
WAIVER OF SERVICE Returned Executed by C.S.. (Deyoe, Sonja)
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Thursday, October 31, 2024
34 34 service Summons Returned Executed Thu 10/31 1:51 PM
SUMMONS Returned Executed by C.S.. Rhode Island Office of the Child Advocate served on 10/30/2024, answer due 11/20/2024. (Deyoe, Sonja)
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Monday, October 28, 2024
33 33 notice Notice of Acceptance of Service Mon 10/28 12:53 PM
Notice of Acceptance of Service filed by Rhode Island Department of Education. Rhode Island Department of Education served on 10/28/2024, answer due 12/27/2024. (Cottone, Anthony)
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32 32 notice Notice of Appearance Mon 10/28 12:50 PM
NOTICE of Appearance by Anthony F. Cottone on behalf of Rhode Island Department of Education (Cottone, Anthony)
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Thursday, October 03, 2024
31 31 answer Answer to Amended Complaint Thu 10/03 1:34 PM
Warwick School Committee ANSWER to27 Amended Complaint, by David Testa.(Henneous, Andrew)
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Wednesday, October 02, 2024
30 30 respoth Answer to Third Party Complaint Wed 10/02 7:40 PM
Defendant DCYF's ANSWER to Third Party Complaint Document 27 by Ashley Deckert. (Bedford, Neville)
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Tuesday, October 01, 2024
29 29 service Summons Issued Tue 10/01 5:14 PM
Summons Issued as to Rhode Island Department of Education, Rhode Island Office of the Child Advocate. (Gonzalez Gomez, Viviana)
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Att: 1 Summons Issued as to RIDE
Monday, September 30, 2024
28 28 service Summons Request Mon 09/30 3:32 PM
Summons Request filed by C.S..(Deyoe, Sonja)
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Att: 1 Secondary Summons
Tuesday, September 17, 2024
27 27 cmp Amended Complaint Tue 09/17 4:01 PM
AMENDED COMPLAINT against David Testa, Disability Rights Rhode Island, Angelica Infante-Green, Rhode Island Office of the Child Advocate, filed by C.S., A. A., Disability Rights Rhode Island.(Potter, Carrie)
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26 26 respm Response to Motion Tue 09/17 10:32 AM
First RESPONSE In Support to24 MOTION for Joinder with proposed amended complaint filed by David Testa. Replies due by 9/24/2024. (Henneous, Andrew)
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order Order on Motion for Joinder Tue 09/17 3:57 PM
TEXT ORDER granting24 Motion for Joinder. So Ordered by District Judge Mary S. McElroy on 9/17/2024. (Potter, Carrie)
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Monday, September 16, 2024
25 25 respm Response to Motion Mon 09/16 4:03 PM
First RESPONSE In Support to24 MOTION for Joinder with proposed amended complaint filed by Ashley Deckert. Replies due by 9/23/2024. (Bedford, Neville)
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Wednesday, September 04, 2024
24 24 motion Joinder Wed 09/04 2:45 PM
MOTION for Joinder with proposed amended complaint filed by All Plaintiffs. Responses due by 9/18/2024.(Deyoe, Sonja)
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Att: 1 Exhibit a,
Att: 2 Exhibit b
Wednesday, August 28, 2024
order Order on Motion for Extension of Scheduling Order Deadlines Wed 08/28 10:15 AM
TEXT ORDER granting23 Motion for Extension of Scheduling Order Deadlines. Set/Reset Deadlines: Amended Pleadings due by 9/4/2024; Joinder of Parties due by 9/4/2024; Factual Discovery to close by 12/30/2024; Plaintiff Expert Disclosures shall be made by 1/30/2025; Defendant Expert Disclosures shall be made by 2/28/2025; Expert Discovery to close by 3/31/2025; Motions due by 4/30/2025;. So Ordered by District Judge Mary S. McElroy on 8/28/2024. (Potter, Carrie)
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Tuesday, August 27, 2024
23 23 motion Extension of Scheduling Order Deadlines Tue 08/27 1:34 PM
First MOTION for Extension of Scheduling Order Deadlines with respect to motion to amend/join parties only until 9/4/24 filed by All Plaintiffs. Responses due by 9/10/2024. (Deyoe, Sonja)
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Thursday, June 27, 2024
22 22 order Scheduling Order (form attached) Thu 06/27 9:51 AM
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 8/27/2024; Joinder of Parties due by 8/27/2024; Factual Discovery to close by 12/30/2024; Plaintiff Expert Disclosures shall be made by 1/30/2025; Defendant Expert Disclosures shall be made by 2/28/2025; Expert Discovery to close by 3/31/2025; Motions due by 4/30/2025;. So Ordered by District Judge Mary S. McElroy on 6/27/2024. (Potter, Carrie)
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minutes Status Conference Rule 16 Conference Thu 06/27 9:50 AM
Minute Entry for proceedings held before District Judge Mary S. McElroy: Status Conference held on 6/27/2024, Rule 16 Conference held on 6/27/2024. S. Deyoe and A. Henneous in attendance. Scheduling order to enter. (Courtroom Zoom at 9:30 am.) (Potter, Carrie)
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order Order on Motion for Preliminary Injunction Thu 06/27 9:52 AM
TEXT ORDER denying as moot3 Motion for Preliminary Injunction. So Ordered by District Judge Mary S. McElroy on 6/27/2024. (Potter, Carrie)
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Thursday, June 20, 2024
notice Notice of Hearing (Form Attached) Thu 06/20 9:21 AM
NOTICE of Hearing: Status Conference and Rule 16 Conference set for 6/27/2024 at 09:30 AM in Remote Hearing before District Judge Mary S. McElroy.(Zoom Meeting ID: 160 623 7994, Passcode: 538252) (Potter, Carrie)
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Monday, June 17, 2024
notice Hearing Cancelled Mon 06/17 12:06 PM
HEARING CANCELLED : Rule 16 Conference set for 6/20/2024 at 11:15 AM in Remote Hearing before District Judge Mary S. McElroy is hereby cancelled (Potter, Carrie)
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Friday, June 14, 2024
21 21 notice Notice of Appearance Fri 06/14 2:39 PM
NOTICE of Appearance by Benjamin Copple on behalf of Ashley Deckert (Copple, Benjamin)
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Wednesday, June 05, 2024
20 20 notice Notice of Hearing (Form Attached) Wed 06/05 3:49 PM
NOTICE of Hearing: Rule 16 Conference set for 6/20/2024 at 11:15 AM in Remote Hearing before District Judge Mary S. McElroy.(Zoom Meeting ID: 160 296 9770, Passcode: 818655) (Potter, Carrie)
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Friday, May 31, 2024
19 19 4 pgs answer Answer to Complaint Fri 05/31 10:19 AM
Warwick School Committee ANSWER to Complaint by David Testa.(Henneous, Andrew)
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Wednesday, May 01, 2024
order Order Entering Stipulation Wed 05/01 4:19 PM
TEXT Order Entering18 STIPULATION. So Ordered by District Judge Mary S. McElroy on 5/1/2024. (Potter, Carrie)
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utility Set/Reset Deadlines Wed 05/01 4:20 PM
Set/Reset Deadlines: David Testa answer due 6/1/2024. The Court is disinclined to allow any further extensions. (Potter, Carrie)
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Wednesday, April 10, 2024
18 18 2 pgs misc Stipulation Wed 04/10 12:12 PM
STIPULATION filed by David Testa. (Henneous, Andrew)
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Wednesday, March 06, 2024
17 17 1 pgs order Order Directing Filing of Status Report (Form Attached) Wed 03/06 3:59 PM
Order Directing Filing of a Status Report. Status Report due by 3/25/2024. So Ordered by District Judge Mary S. McElroy on 3/6/2024. (Potter, Carrie)
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Friday, February 02, 2024
16 16 2 pgs misc Stipulation Fri 02/02 9:28 AM
Second STIPULATION filed by David Testa. (Henneous, Andrew)
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15 15 1 pgs misc Status Report Fri 02/02 8:21 AM
STATUS REPORT by All Plaintiffs. (Potter, Carrie)
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Monday, January 22, 2024
14 14 1 pgs order Order Directing Filing of Status Report (Form Attached) Mon 01/22 4:19 PM
Order Directing Filing of a Status Report. Status Report due by 2/1/2024. So Ordered by District Judge Mary S. McElroy on 1/22/2024. (Potter, Carrie)
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Friday, December 22, 2023
order Order Entering Stipulation Fri 12/22 9:13 AM
TEXT Order Entering13 First STIPULATION. So Ordered by District Judge Mary S. McElroy on 12/22/2023. (Potter, Carrie)
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utility Set/Reset Deadlines Fri 12/22 9:14 AM
Set/Reset Deadlines: Ashley Deckert answer due 1/8/2024; David Testa answer due 1/8/2024. (Potter, Carrie)
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Monday, December 04, 2023
13 13 2 pgs misc Stipulation Mon 12/04 2:42 PM
First STIPULATION filed by David Testa. (Henneous, Andrew)
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12 12 6 pgs answer Answer to Complaint Mon 12/04 2:36 PM
DCYF's ANSWER to Complaint by Ashley Deckert.(Bedford, Neville)
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Monday, November 27, 2023
11 11 2 pgs respm Response to Motion Mon 11/27 12:15 PM
First RESPONSE In Opposition to3 MOTION for Preliminary Injunction filed by Ashley Deckert. Replies due by 12/4/2023. (Bedford, Neville)
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Monday, November 20, 2023
minutes In Chambers Conference Mon 11/20 4:22 PM
Minute Entry for proceedings held before District Judge Mary S. McElroy: Chambers Conference held on 11/20/2023. (S. Deyoe, A. Henneous, B. Copple) The parties are to meet and confer prior to submitting a status update on December 4, 2023. The update shall be sent to Judge McElroy's clerk, Carrie Potter. Recess. (Zoom at 12:10 PM) (Urizandi, Nissheneyra)
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Thursday, November 16, 2023
10 10 service Summons Returned Executed Thu 11/16 4:14 PM
SUMMONS Returned Executed by C.S.. David Testa served on 11/16/2023, answer due 12/7/2023. (Deyoe, Sonja)
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9 9 service Summons Returned Executed Thu 11/16 4:13 PM
SUMMONS Returned Executed by C.S.. Ashley Deckert served on 11/16/2023, answer due 12/7/2023. (Deyoe, Sonja)
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Wednesday, November 15, 2023
8 8 2 pgs respm Response to Motion Wed 11/15 2:37 PM
First RESPONSE In Opposition to3 MOTION for Preliminary Injunction filed by David Testa. Replies due by 11/22/2023. (Henneous, Andrew)
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7 7 notice Notice of Appearance Wed 11/15 2:34 PM
NOTICE of Appearance by Andrew D. Henneous on behalf of David Testa (Henneous, Andrew)
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notice Notice of Hearing (Form Attached) Wed 11/15 10:29 AM
NOTICE of Hearing: In Chambers Conference re: ECF3 Motion for preliminary Injunction/TRO set for 11/20/2023 at 12:00 PM via Remote Hearing before District Judge Mary S. McElroy.(Zoom Meeting ID: 161 196 0078, Passcode: 645659) (Potter, Carrie)
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Tuesday, November 14, 2023
6 6 service Summons Issued Tue 11/14 1:42 PM
Summons Issued as to Ashley Deckert, David Testa. (Gonzalez Gomez, Viviana)
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Att: 1 Issued Summons as to Testa
5 5 notice Case Opening Notice (Form Attached) Tue 11/14 1:26 PM
CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana)
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4 4 3 pgs misc Affidavit Tue 11/14 11:27 AM
AFFIDAVIT re3 MOTION for Preliminary Injunction by All Plaintiffs. (Deyoe, Sonja)
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3 3 1 pgs motion Preliminary Injunction Tue 11/14 11:12 AM
MOTION for Preliminary Injunction filed by All Plaintiffs. Responses due by 11/28/2023.(Deyoe, Sonja)
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Att: 1 9 pgs Supporting Memorandum
2 2 service Summons Request Tue 11/14 10:11 AM
Summons Request filed by C.S., A.A.(Deyoe, Sonja)
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Att: 1 summons request
1 1 6 pgs cmp Complaint - New Case Tue 11/14 10:02 AM
COMPLAINT ( filing fee paid $ 402.00, receipt number ARIDC-1930992 ), filed by C.S., A.A.(Deyoe, Sonja)
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Att: 1 Civil Cover Sheet
utility Case Assigned/Reassigned Tue 11/14 1:26 PM
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
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