Leuer et al v. Starpoint Central School District et al
| New York Western District Court | |
| Judge: | Lawrence J Vilardo |
| Case #: | 1:24-cv-00376 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 23, 2024 |
| Last checked: Sunday Oct 20, 2024 5:22 AM EDT |
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Defendant
Dr. Sean M Croft
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Represented By
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Defendant
Starpoint Central School District
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Represented By
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Defendant
Board of Education of Starpoint Central School District
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Represented By
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Plaintiff
Landon Grainy
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Represented By
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Plaintiff
James Leuer, Jr.
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Represented By
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| Docket last updated: 5 hours ago |
| Monday, April 28, 2025 | ||
| 29 | 29
notice
Notice of Withdrawal of Attorney
Mon 04/28 11:01 AM
NOTICE of Withdrawal of Attorney: Michael P. McClaren no longer appearing for Defendants Starpoint Central School District, Board of Education of Starpoint Central School District, Dr. Sean M Croft. CLERK TO FOLLOW UP. (Hayes, Meghan) |
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utility
E-Filing Notification
Mon 04/28 10:36 AM
E-Filing Notification: Clerk revised docket text of28 to "MOTION to Amend1 Complaint" to clarify the filing event. (JHF) |
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| Friday, April 25, 2025 | ||
| 28 | 28
motion
Amend/Correct
Fri 04/25 5:29 PM
MOTION to Amend/Correct27 Order on Motion to Dismiss,, by James Leuer, Jr, Landon Grainy.(Burke, B.) |
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Att: 1
Declaration of B. Kevin Burke, Jr. Seeking Leave to Amend Complaint,
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Att: 2
Exhibit A - Proposed Amended Complaint
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| Friday, March 28, 2025 | ||
| 27 | 27
10
pgs
order
Order on Motion to Dismiss
Fri 03/28 3:57 PM
DECISION & ORDER granting14 Motion to Dismiss without prejudice to the plaintiffs' moving to amend their complaint within 30 days of the date of this decision and order. If the plaintiffs do not move to amend their complaint within 30 days of the date of this decision and order, then the Clerk of the Court shall close the case and enter judgment for the defendants without further order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/28/2025. (RFI) |
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| Tuesday, December 03, 2024 | ||
| 26 | 26
misc
Redacted Document
Tue 12/03 12:12 PM
REDACTION to24 Sealed Document Complaint Exhibits A-I by Landon Grainy. (Lelonek, Kevin) |
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| 25 | 25
misc
Declaration
Tue 12/03 12:09 PM
DECLARATION signed by Kevin R. Lelonek re8 Memorandum in Support of Motion filed by Landon Grainy . (Lelonek, Kevin) |
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| Friday, November 29, 2024 | ||
| 24 | 24
misc
Sealed Document
Fri 11/29 10:40 AM
Sealed Document. Exhibits A-I to the complaint. Redacted versions to be filed publicly by 12/4/2024. (RFI) |
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| 23 | 23
order
Text Order ~Util - Terminate Motions
Fri 11/29 10:38 AM
TEXT ORDER re4 MOTION to Seal filed by Landon Grainy. Plaintiff Landon Grainy moves to seal Exhibits A-I to the complaint. Docket Item 4. He explains that "[t]hese exhibits, in particular Exhibit D, contain the 'details' of the allegations of sexual harassment made against [the p]laintiffs, as well as the identity of the alleged victim of sexual harassment, designated as 'HD' in the [v]erified [c]omplaint" and "text messages to HD and from his mother." Docket Item 8 at 3. As support for his motion, Grainy cites this Court's decision in a prior case, Doe 1 v. Starpoint Cent. Sch. Dist. , No. 23-cv-207-LJV, 2023 WL 2752509, at *3 (W.D.N.Y. Apr. 3, 2023) (adopting "protocol of maintaining restrictions on already-filed documents, filing redacted versions of those documents, and redacting future filings" to "strike the balance between the parties' privacy interests and the presumption in favor of public access to judicial documents"). See Docket Item 8 at 3. Following this Court's order in Doe 1 , the defendants in that case filed redacted versions of the exhibits that Grainy seeks to file under seal here. See Case No. 23-cv-207 (W.D.N.Y.), Docket Item 30. This Court finds that the same redactions are?for the most part?appropriate here. The one exception is that the names of the plaintiffs in this case need not be redacted as they are now over 18 years of age and the complaint has been filed publicly with their names. Accordingly, this Court GRANTS IN PART and DENIES IN PART Grainy's motion to seal. By 12/4/2024, Grainy shall file redacted versions of Exhibits A-I consistent with this text order. This Court will file the unredacted versions under seal. By 12/4/2024, Grainy also shall file the declaration submitted to the Court in support of the motion to seal, which appears to have no confidential information but has not yet been filed publicly. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/29/2024. (RFI) |
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| Monday, August 12, 2024 | ||
| 22 | 22
notice
Notice (Other)
Mon 08/12 3:33 PM
NOTICE by Board of Education of Starpoint Central School District, Dr. Sean M Croft, Starpoint Central School District re14 First MOTION to Dismiss Plaintiff's Complaint Notice of Supplemental Authority(Hayes, Meghan) |
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Att: 1
Exhibit A
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| Friday, July 12, 2024 | ||
| 21 | 21
13
pgs
respm
Memorandum in Support of Motion
Fri 07/12 2:48 PM
MEMORANDUM in Support re14 First MOTION to Dismiss Plaintiff's Complaint filed by Board of Education of Starpoint Central School District, Dr. Sean M Croft, Starpoint Central School District. (Hayes, Meghan) |
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| 20 | 20
order
Text Order
Fri 07/12 2:21 PM
TEXT ORDER granting the defendants' request, Docket Item19 , for leave to file excess pages. The defendants' reply shall not exceed 12 pages, exclusive of cover page and table of contents. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/12/2024. (DJ) |
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| 19 | 19
misc
Letter
Fri 07/12 1:29 PM
Letter filed by Board of Education of Starpoint Central School District, Starpoint Central School District, Dr. Sean M Croft Request to Exceed Page Limit . (Hayes, Meghan) |
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| Friday, June 28, 2024 | ||
| 18 | 18
29
pgs
respm
Memorandum in Opposition to Motion
Fri 06/28 4:01 PM
MEMORANDUM in Opposition re14 First MOTION to Dismiss Plaintiff's Complaint filed by Landon Grainy. (Burke, B.) |
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| 17 | 17
misc
Declaration
Fri 06/28 3:59 PM
DECLARATION signed by B. Kevin Burke, Jr., Esq. re14 First MOTION to Dismiss Plaintiff's Complaint filed by Landon Grainy filed by Landon Grainy.(Burke, B.) |
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Att: 1
Exhibit 1 - Notice of Motion,
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Att: 2
Exhibit 2 - Croft Affidavit,
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Att: 3
Exhibit 3 - Dell'Oso Affidavit,
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Att: 4
Exhibit 4 - Title IX Policy,
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Att: 5
Exhibit 5 - 2 2-2023 Statement,
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Att: 6
Exhibit 6 - Text Messages,
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Att: 7
Exhibit 7 - 2 6-2023 Board Minutes,
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Att: 8
Exhibit 8 - Grainy's 2 7-2023 Request for Evidence,
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Att: 9
Exhibit 9 - Leuer's 2 7-2023 Request for Evidence,
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Att: 10
Exhibit 2 9-2023 Request for Evidence,
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Att: 11
Declaration Andrea Shuler,
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Att: 12
Declaration Michelle Leuer
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| Friday, June 21, 2024 | ||
| 16 | 16
order
Text Order ~Util - Terminate Motions
Fri 06/21 9:33 AM
TEXT ORDER granting the plaintiffs' motion, Docket Item15 , for an extension of time to respond to the motion to dismiss. Response due by 6/28/2024. Reply due by 7/12/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/21/2024. (DJ) |
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| Thursday, June 20, 2024 | ||
| 15 | 15
motion
Extension of Time to File Response/Reply
Thu 06/20 3:02 PM
MOTION for Extension of Time to File Response/Reply as to14 First MOTION to Dismiss Plaintiff's Complaint by Landon Grainy.(Lelonek, Kevin) |
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| Friday, June 07, 2024 | ||
| 14 | 14
motion
Dismiss
Fri 06/07 2:13 PM
First MOTION to Dismiss Plaintiff's Complaint by Board of Education of Starpoint Central School District, Dr. Sean M Croft, Starpoint Central School District.(Hayes, Meghan) |
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Att: 1
Declaration,
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Att: 2
Exhibit Exhibit A - Art. 78 Order Show Cause,
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Att: 3
Exhibit Exhibit B -- Signed Order to Dismiss Petition,
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Att: 4
Exhibit Exhibit C - Fed. Registrar,
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Att: 5
Memorandum in Support
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| 13 | 13
notice
Notice of Appearance
Fri 06/07 2:05 PM
NOTICE of Appearance by Meghan M Hayes on behalf of Board of Education of Starpoint Central School District, Dr. Sean M Croft, Starpoint Central School District (Hayes, Meghan) |
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| 12 | 12
notice
Notice of Appearance
Fri 06/07 1:57 PM
NOTICE of Appearance by Michael P. McClaren on behalf of Board of Education of Starpoint Central School District, Dr. Sean M Croft, Starpoint Central School District (McClaren, Michael) |
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| Wednesday, May 29, 2024 | ||
| 11 | 11
service
Certificate of Service
Wed 05/29 3:56 PM
CERTIFICATE OF SERVICE by Landon Grainy re6 Summons Issued to Starpoint Central School District (Lelonek, Kevin) |
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| 10 | 10
service
Certificate of Service
Wed 05/29 3:54 PM
CERTIFICATE OF SERVICE by Landon Grainy re6 Summons Issued to Dr. Sean M. Croft, Superintendent of Schools, Starpoint Central School District (Lelonek, Kevin) |
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| 9 | 9
service
Certificate of Service
Wed 05/29 3:52 PM
CERTIFICATE OF SERVICE by Landon Grainy re6 Summons Issued to Board of Education of Starpoint Central School District (Lelonek, Kevin) |
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| Monday, May 20, 2024 | ||
| 8 | 8
6
pgs
respm
Memorandum in Support of Motion
Mon 05/20 2:55 PM
MEMORANDUM in Support re4 MOTION to Seal Document1 Complaint, filed by Landon Grainy. (Lelonek, Kevin) |
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| Monday, May 13, 2024 | ||
| 7 | 7
order
Text Order
Mon 05/13 10:35 AM
TEXT ORDER: On 4/23/2024, the plaintiffs, James Leuer, Jr., and Landon Grainy, commenced this action under 42 U.S.C. § 1983. Docket Item 1. Grainy also moved to file under seal nine exhibits to the plaintiffs' verified complaint. Docket Item 4. Grainy provided the Court with a paper copy of his memorandum in support of the motion, but he did not file that memorandum on the docket. Because Grainy has not moved to file under seal the memorandum in support of his motion to seal?nor does there appear any basis for him to do so?Grainy shall file the memorandum no later than 5/20/2024. The defendants shall respond to the motion to seal, Docket Item 4 , within fourteen days of their appearance in this action. Grainy shall reply within seven days of that response. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/13/2024. (CRT) |
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| Wednesday, May 01, 2024 | ||
| 6 | 6
service
Summons Issued
Wed 05/01 10:55 AM
Summons Issued as to Board of Education of Starpoint Central School District, Dr. Sean M Croft, Starpoint Central School District. (SG) |
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| Tuesday, April 30, 2024 | ||
| 5 | 5
service
Original Summons Filed
Tue 04/30 4:13 PM
Original Summons Filed. (Lelonek, Kevin) |
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| 4 | 4
motion
Seal Document
Tue 04/30 4:04 PM
MOTION to Seal Document1 Complaint, by Landon Grainy.(Lelonek, Kevin) |
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| Friday, April 26, 2024 | ||
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utility
Case Assigned/Reassigned
Fri 04/26 1:24 PM
Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
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adr
Automatic Referral to Mediation
Fri 04/26 1:25 PM
AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's[LINK:ADR webpage] and/or contact the Court's ADR Administrator at[LINK:adrprogram@nywd.uscourts.gov] .' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the [LINK:ADR Plan] and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK) |
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notice
Notice of Availability of Magistrate Judge
Fri 04/26 1:25 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TMK) |
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utility
Remark
Fri 04/26 1:26 PM
Original Summons Not Submitted. (TMK) |
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| Wednesday, April 24, 2024 | ||
| 3 | 3
misc
Continuation of Exhibits
Wed 04/24 3:00 PM
CONTINUATION OF EXHIBITS by Landon Grainy, James Leuer, Jr. to1 Complaint, filed by Landon Grainy, James Leuer, Jr. (Lelonek, Kevin) |
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utility
E-Filing Notification
Wed 04/24 11:21 AM
E-Filing Notification: re1 COMPLAINT - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK) |
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| Tuesday, April 23, 2024 | ||
| 2 | 2
notice
Notice of Appearance
Tue 04/23 4:24 PM
NOTICE of Appearance by Kevin R. Lelonek on behalf of Landon Grainy (Lelonek, Kevin) |
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| 1 | 1
14
pgs
cmp
Complaint
Tue 04/23 4:14 PM
COMPLAINT against Board of Education For The Starpoint Central School District, Dr. Sean M Croft, Starpoint Central School District $ 405 receipt number ANYWDC-5163864, filed by James Leuer, Jr, Landon Grainy.(Burke, B.) |
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Att: 1
Exhibit A-I
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