Alexander et al v. Sutton et al
| New York Eastern District Court | |
| Judge: | Diane Gujarati |
| Case #: | 1:24-cv-02224 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 26, 2024 |
| Last checked: Wednesday Mar 27, 2024 12:21 AM EDT |
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Defendant
David C. Banks
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Defendant
Community Education Council 14
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Defendant
Marissa Manzanares
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Defendant
Nina S. Mickens
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Defendant
New York City Department of Education
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Defendant
Tajh Sutton
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Plaintiff
Deborah Alexander
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Represented By
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Plaintiff
Noah Harlan
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Represented By
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Plaintiff
Maud Maron
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Represented By
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| Docket last updated: 11 hours ago |
| Tuesday, April 30, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Tue 04/30 7:13 AM
NOTICE of Appearance by Jonathan Wallace on behalf of Tajh Sutton (aty to be noticed) (Wallace, Jonathan) |
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| Wednesday, April 24, 2024 | ||
| 27 | 27
service
Affidavit of Service
Wed 04/24 1:49 PM
AFFIDAVIT of Service for Preliminary Injunction/TRO Motion Papers served on Defts Sutton & Community Education Council 14 on 04/18/2024, filed by Deborah Alexander, Noah Harlan, Maud Maron. (Saffran, Dennis) |
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Att: 1
Affidavit of Service Affirmation of Service of TRO/PI Papers (and Summons/Complaint papers) on Community Education Council 14 (Main doc is Aff of Service of these papers on Deft Sutton),
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Att: 2
Affidavit of Service Affirmation of follow-up Mailing of Summons/Complaint & TRO/PI Papers to Deft Sutton
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| 26 | 26
service
Summons Returned Executed
Wed 04/24 1:34 PM
SUMMONS Returned Executed by Noah Harlan, Maud Maron, Deborah Alexander. Community Education Council 14 served on 4/18/2024, answer due 5/20/2024; Tajh Sutton served on 4/18/2024, answer due 5/20/2024. (Saffran, Dennis) |
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Att: 1
Affidavit of Service Affirmation of Service of Summons/Complaint & TRO/PI Papers on Community Education Council 14 (Main doc is Aff of Service of these papers on Deft Sutton),
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Att: 2
Affidavit of Service Affirmation of earlier Service of Summons, Complaint & Civil Cover Sheet on Deft Sutton
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| Friday, April 19, 2024 | ||
| 25 | 25
notice
Notice of Appearance
Fri 04/19 12:20 PM
NOTICE of Appearance by Jeffrey S. Dantowitz on behalf of David C. Banks, New York City Department of Education (aty to be noticed) (Dantowitz, Jeffrey) |
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minutes
Motion Hearing
Fri 04/19 5:43 PM
MINUTE ENTRY AND ORDER: Telephone Conference on Plaintiffs'13 Motion for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction held on April 18, 2024 before Judge Diane Gujarati. Alan Gura, Nathan John Ristuccia, and Dennis J. Saffran appeared on behalf of Plaintiffs. Jordan Doll, Jeffrey S. Dantowitz, and Karen Griffin appeared on behalf of Defendants New York City Department of Education and David C. Banks. The parties were heard on Plaintiffs' motion. As set forth on the record, Plaintiffs' motion, ECF No. 13, was denied to the extent that it seeks a temporary restraining order. The following schedule was set for additional briefing with respect to Plaintiffs' request for a preliminary injunction: any defense response is due by May 6, 2024 and any reply is due by May 13, 2024. (Court Reporter Avery Armstrong.) (ECS) |
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| Thursday, April 18, 2024 | ||
| 24 | 24
service
Certificate of Service
Thu 04/18 12:15 PM
CERTIFICATE OF SERVICE by Deborah Alexander, Noah Harlan, Maud Maron re13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction of Judge's Scheduling Order for Conference Call Today (Saffran, Dennis) |
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| 23 | 23
service
Certificate of Service
Thu 04/18 12:03 PM
CERTIFICATE OF SERVICE by Deborah Alexander, Noah Harlan, Maud Maron of SCHEDULING ORDER re 13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction (Gura, Alan) |
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| 22 | 22
respm
Reply to Response to Motion
Thu 04/18 9:10 AM
REPLY to Response to Motion re13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction filed by All Plaintiffs. (Gura, Alan) |
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| 21 | 21
misc
Declaration
Thu 04/18 8:18 AM
DECLARATION re13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction of Maud Maron regarding issuance of D-210 determination and need for emergency relief by Deborah Alexander, Noah Harlan, Maud Maron (Gura, Alan) |
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Att: 1
Exhibit I -- D-210 determination
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order
Scheduling Order
Thu 04/18 10:45 AM
SCHEDULING ORDER re13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction -- The Court will hold a telephone conference on Plaintiffs'13 Motion today at 4:00 p.m. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682 . Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Plaintiffs are directed to serve a copy of this Order on each Defendant and to file proof of service on the docket by 1:00 p.m. Ordered by Judge Diane Gujarati on 4/18/2024. (ECS) |
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| Wednesday, April 17, 2024 | ||
| 20 | 20
respm
Response to Motion
Wed 04/17 5:09 PM
RESPONSE to Motion re13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction filed by David C. Banks, New York City Department of Education. (Doll, Jordan) |
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| 19 | 19
respm
Response in Opposition to Motion
Wed 04/17 11:01 AM
RESPONSE in Opposition re18 MOTION for Extension of Time to File Answer filed by Deborah Alexander, Noah Harlan, Maud Maron. (Gura, Alan) |
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Att: 1
Affidavit of Attempted Service on Defendant Tajh Sutton,
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Att: 2
Exhibit Email from Corporation Counsel
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order
Order on Motion for Extension of Time to Answer
Wed 04/17 5:47 PM
ORDER granting18 Motion for Extension of Time to Answer. The deadline for defendants New York City Department of Education ("DOE") and DOE Chancellor David C. Banks to respond to the Complaint is extended to May 20, 2024 . The Court sua sponte grants a corresponding extension to defendants Community Education Council 14 ("CEC 14"), Tajh Sutton, Nina S. Mickens and Marissa Manzanares, who are not currently represented by the Corporation Counsel and some of whom may not have been properly served. The additional time is warranted to allow the City to make representation decisions concerning defendants Mickens, Sutton, Manzanares and CEC 14. Ordered by Magistrate Judge James R. Cho on 4/17/2024. (JDP) |
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| Tuesday, April 16, 2024 | ||
| 18 | 18
motion
Extension of Time to File Answer
Tue 04/16 11:44 PM
MOTION for Extension of Time to File Answer by David C. Banks, New York City Department of Education. (Doll, Jordan) |
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| 17 | 17
service
Certificate of Service
Tue 04/16 5:11 PM
CERTIFICATE OF SERVICE by Deborah Alexander, Noah Harlan, Maud Maron re: Order, re 13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction (Gura, Alan) |
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| 16 | 16
service
Certificate of Service
Tue 04/16 4:03 PM
CERTIFICATE OF SERVICE by Deborah Alexander, Noah Harlan, Maud Maron re Order, re 13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction (Saffran, Dennis) |
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| 15 | 15
misc
Declaration
Tue 04/16 12:19 PM
DECLARATION re13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction re: updated need for urgent relief by Deborah Alexander, Noah Harlan, Maud Maron (Gura, Alan) |
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order
Order(Other)
Tue 04/16 2:22 PM
ORDER re13 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction -- Defendants are directed to respond to the13 Motion by 5:00 p.m. on April 17, 2024. Plaintiffs are directed to serve a copy of this Order on each Defendant and to file proof of service on the docket by 6:00 p.m. today. Ordered by Judge Diane Gujarati on 4/16/2024. (ECS) |
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| Monday, April 15, 2024 | ||
| 14 | 14
service
Certificate of Service
Mon 04/15 5:00 PM
CERTIFICATE OF SERVICE by Deborah Alexander, Noah Harlan, Maud Maron (Ristuccia, Nathan) |
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| 13 | 13
motion
Show Cause
Mon 04/15 1:30 PM
MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction by Deborah Alexander, Noah Harlan, Maud Maron. (Gura, Alan) |
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Att: 1
Proposed Order to show cause,
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Att: 2
Memorandum in Support,
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Att: 3
Declaration of Deborah Alexander,
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Att: 4
Declaration of Maud Maron,
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Att: 5
Declaration of Noah Harlan,
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Att: 6
Exhibit A,
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Att: 7
Exhibit B,
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Att: 8
Exhibit C,
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Att: 9
Exhibit D,
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Att: 10
Exhibit E,
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Att: 11
Exhibit F,
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Att: 12
Exhibit G,
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Att: 13
Exhibit H,
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Att: 14
Declaration of Counsel Pursuant to Local Rule 6.1(d)
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Mon 04/15 4:04 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (BBM) |
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utility
Case Assigned/Reassigned Case Referred to Magistrate Judge
Mon 04/15 4:10 PM
Case Randomly Reassigned to Judge Diane Gujarati as presider and Directly Assigned to Magistrate Judge James R. Cho for pretrial nondispositive matters. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) |
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| Friday, April 12, 2024 | ||
| 12 | 12
service
Summons Returned Executed
Fri 04/12 2:43 PM
SUMMONS Returned Executed by Noah Harlan, Maud Maron, Deborah Alexander. Marissa Manzanares served on 4/9/2024, answer due 4/30/2024. (Saffran, Dennis) |
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| 11 | 11
service
Summons Returned Executed
Fri 04/12 11:30 AM
SUMMONS Returned Executed by Noah Harlan, Maud Maron, Deborah Alexander. Community Education Council 14 served on 4/9/2024, answer due 4/30/2024; Tajh Sutton served on 4/10/2024, answer due 5/1/2024. (Saffran, Dennis) |
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| Thursday, April 11, 2024 | ||
| 10 | 10
service
Summons Returned Executed
Thu 04/11 3:37 PM
SUMMONS Returned Executed by Noah Harlan, Maud Maron, Deborah Alexander. David C. Banks served on 3/28/2024, answer due 4/18/2024; Nina S. Mickens served on 3/28/2024, answer due 4/18/2024; New York City Department of Education served on 3/28/2024, answer due 4/18/2024. (Saffran, Dennis) |
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Att: 1
Affidavit of Service Affidavit of Service Of Summons, Complaint & Civil Cover Sheet on Deft Banks,
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Att: 2
Affidavit of Service Affidavit of Service Of Summons, Complaint & Civil Cover Sheet on Deft Mickens,
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Att: 3
Affidavit of Service Affidavit of Service Of Summons, Complaint & Civil Cover Sheet on Deft Dept of Education
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| Monday, April 08, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Mon 04/08 11:26 AM
NOTICE of Appearance by Jordan Doll on behalf of David C. Banks, New York City Department of Education (aty to be noticed) (Doll, Jordan) |
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| Friday, April 05, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Fri 04/05 3:10 PM
NOTICE of Appearance by Alan Gura on behalf of All Plaintiffs (notification declined or already on case) (Gura, Alan) |
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| 7 | 7
motion
Appear Pro Hac Vice
Fri 04/05 9:12 AM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17744182 by Deborah Alexander, Noah Harlan, Maud Maron. (Gura, Alan) |
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Att: 1
Declaration of Alan Gura,
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Att: 2
Exhibit Certificates of Good Standing
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order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 04/05 2:22 PM
ORDER granting7 Motion for Leave to Appear Pro Hac Vice. Attorney Alan Gura shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge James R. Cho on 4/5/2024. (SGC) |
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| Monday, April 01, 2024 | ||
| 6 | 6
notice
Notice of Appearance
Mon 04/01 3:25 PM
NOTICE of Appearance by Nathan John Ristuccia on behalf of All Plaintiffs (notification declined or already on case) (Ristuccia, Nathan) |
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| 5 | 5
motion
Appear Pro Hac Vice
Mon 04/01 12:22 PM
MOTION to Appear Pro Hac Vice by Nathan J. Ristuccia Filing fee $ 200, receipt number ANYEDC-17726836 by Deborah Alexander, Noah Harlan, Maud Maron. (Ristuccia, Nathan) |
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Att: 1
Affidavit Declaration,
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Att: 2
Certificate of Good Standing
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order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 04/01 1:40 PM
ORDER granting5 Motion for Leave to Appear Pro Hac Vice. Attorney Nathan John Ristuccia shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge James R. Cho on 4/1/2024. (SGC) |
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| Wednesday, March 27, 2024 | ||
| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Wed 03/27 8:46 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| 3 | 3
notice
Notice of Opportunity to Consent
Wed 03/27 8:45 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (SDM) |
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| 2 | 2
service
Summons Issued
Wed 03/27 8:44 AM
Summons Issued as to David C. Banks, Community Education Council 14, Marissa Manzanares, Nina S. Mickens, New York City Department of Education, Tajh Sutton. (SDM) |
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utility
Email Test
Wed 03/27 3:44 PM
Email Notification Test for (Dennis J. Saffran) |
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| Tuesday, March 26, 2024 | ||
| 1 | 1
cmp
Complaint
Tue 03/26 9:40 PM
COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND OTHER RELIEF against All Defendants filing fee $ 405, receipt number ANYEDC-17710115 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Noah Harlan, Maud Maron, Deborah Alexander. (Saffran, Dennis) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
4 pgs
Exhibit CEC 14 Instagram post calling for student walk-out,
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Att: 4
Exhibit CEC 14 toolkit for student walk-out,
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Att: 5
3 pgs
Exhibit CEC 14 chant page from toolkit,
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Att: 6
Exhibit CEC 14 Minutes Dec. 18, 2023 including Community Guidelines,
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Att: 7
Exhibit CEC 14 Minutes Jan. 24, 2024 including Community Agreements aka Community Commitments,
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Att: 8
Exhibit CEC 14 registration form Jan. 24, 2024 including pledge "to uphold the Community Commitments",
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Att: 9
Exhibit Regulation D-210
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