Case: Eccleston v. Pine Bush Central School District

7:12-cv-02303 | U.S. District Court for the Southern District of New York

Filed Date: March 28, 2012

Clearinghouse coding complete

Case Summary

On March 28th, 2012, five former and current Jewish students filed a lawsuit in the District Court for the Southern District of New York under the Civil Rights Act of 1964 against the Pine Bush School District. The plaintiffs, represented by public interest counsel, asked the court for declarative judgment, injunctive relief and damages, claiming that the school district had responded with deliberate indifference to the rampant anti-Semitic discrimination and harassment directed at the plainti…

On March 28th, 2012, five former and current Jewish students filed a lawsuit in the District Court for the Southern District of New York under the Civil Rights Act of 1964 against the Pine Bush School District. The plaintiffs, represented by public interest counsel, asked the court for declarative judgment, injunctive relief and damages, claiming that the school district had responded with deliberate indifference to the rampant anti-Semitic discrimination and harassment directed at the plaintiffs.

Specifically, the plaintiffs claimed that the students had been harassed from elementary school to high school, and had been physically and psychologically injured. These included anti-Semitic slurs, anti-Semitic graffiti, Hitler salutes and celebrations, direct threats of harm, and physical attacks. The plaintiffs claimed that the school district has been made repeatedly aware of the various acts of discrimination and has consistently ignored, minimized or dismissed the harassment.

The New York Times reported on the case on November 8th, 2013.

On December 6th, 2013, the school district moved for summary judgment. Judge Kenneth M. Karas heard oral arguments from both parties regarding summary judgment on July 14th. On November 3, 2014, the court granted in part and denied in part the motion for summary judgment. The court granted the motion to dismiss the plaintiff's claims against the individuals, holding they were redundant with the claims against the school district. The rest of the motion was denied. The defendants appealed the partial denial of summary judgment on November 24, 2014. On May 1, 2015, a Second Circuit panel dismissed the appeal, determining it lacked jurisdiction because a final order had not been issued by the district court per 28 U.S.C. § 1291.

On July 10, 2015, Judge Karas approved the parties' settlement agreement. Total damages amounted to $4.48 million: $3 million for compensatory damages and $1.48 million for attorney's fees. The injunctive part of the settlement required Pine Bush School District to revise and install policies to prevent or swiftly respond to incidents of anti-Semitism [see Exhibit 1 of the Settlement Agreement]. Additional measures included the continuance of a "No Place for Hate Committee," curriculum revisions to promote diversity and prevent bullying, professional development, and the appointment of an internal Title VI Coordinator.

Summary Authors

Kathryn DeLong (9/23/2014)

Dan Hofman (4/6/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4350407/parties/eccleston-v-pine-bush-central-school-district/


Judge(s)

Davison, Paul E (New York)

Karas, Kenneth M. (New York)

Wolfe, Catherine O'Hagan (North Carolina)

Attorneys(s) for Plaintiff

Fraser Wilson, Ogilvie Andrew (New York)

Kimmel, Adele P. (District of Columbia)

Maazel, Ilann M. (New York)

Meth, Michael David (New York)

Salzman, Zoe Antonia (New York)

Attorneys(s) for Defendant

Gilbride, Joan M. (New York)

Karabel, Aron Zwi (New York)

Judge(s)

Davison, Paul E (New York)

Karas, Kenneth M. (New York)

Wolfe, Catherine O'Hagan (North Carolina)

Attorneys(s) for Plaintiff

Fraser Wilson, Ogilvie Andrew (New York)

Kimmel, Adele P. (District of Columbia)

Maazel, Ilann M. (New York)

Meth, Michael David (New York)

Salzman, Zoe Antonia (New York)

Attorneys(s) for Defendant

Gilbride, Joan M. (New York)

Karabel, Aron Zwi (New York)

Sneed, Maree F. (District of Columbia)

Wong-Pan, Laura (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 5, 2016 Docket
1

Complaint

March 28, 2012 Complaint
25

Amended Complaint

Jan. 7, 2013 Complaint
23

Order

Jan. 10, 2013 Order/Opinion
93

Order / Opinion [defendant's motions denied in part and granted in part]

Nov. 3, 2014 Order/Opinion
93

Order: Defendants' Motion for Summary Judgment is granted in part and denied in part

Nov. 3, 2014 Order/Opinion
100

Notice of Appeal [Second Circuit]

Eccleston v. Pine Bush Central School District

Nov. 24, 2014 Notice Letter
87

Mandate [motion to dismiss appeal denied]

Eccleston v. Pine Bush Central School District

U. S. Court of Appeals for the Second Circuit

May 1, 2015 Order/Opinion
149-2

Stipulation of Settlement, Settlement Agreement, and General Release

June 29, 2015 Settlement Agreement
151

Order

Eccleston v. Pine Bush Central School District

July 6, 2015 Order/Opinion

Resources

Title Description External URL

Swastikas, Slurs and Torment in Town’s Schools

Benjamin Weiser

For some Jewish students in the Pine Bush Central School District in New York State, attending public school has been nothing short of a nightmare. They tell of hearing anti-Semitic epithets and nick… Nov. 8, 2013 http://www.nytimes.com/2013/11/08/nyregion/swastikas-slurs-and-torment-in-towns-schools.html

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4350407/eccleston-v-pine-bush-central-school-district/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Pine Bush Central School District. (Filing Fee $ 350.00, Receipt Number 465407002969) Document filed by Sherri Eccleston, David Cohen, Jerold Rosen. (mml) (Entered: 03/30/2012)

March 28, 2012 PACER

SUMMONS ISSUED as to Pine Bush Central School District. (mml)

March 28, 2012 PACER

Case Designated ECF. (mml)

March 28, 2012 PACER

Magistrate Judge Paul E. Davison is so designated. (mml)

March 28, 2012 PACER
2

AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by Deborah June District Clerk. Document filed by Sherri Eccleston, David Cohen, Jerold Rosen. (Meth, Michael) (Entered: 04/10/2012)

April 10, 2012 PACER
3

SUMMONS RETURNED EXECUTED Summons and Complaint served. All Defendants. Service was accepted by Deborah June District Clerk. Document filed by Sherri Eccleston, David Cohen, Jerold Rosen. (Meth, Michael) (Entered: 04/10/2012)

April 10, 2012 PACER
4

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Aron Z. Karabel dated 4/16/2012 re: Defendants respectfully request that, upon consent of Plaintiff's counsel, the Court extend Defendant's time to serve its Answer to Plaintiffs' complaint by no later than Monday, June 18, 2012. ENDORSEMENT: Granted. (Signed by Judge Kenneth M. Karas on 4/16/2012) (rj) (Entered: 04/16/2012)

April 16, 2012 PACER
5

ANSWER to 1 Complaint. Document filed by Pine Bush Central School District.(Karabel, Aron) (Entered: 06/18/2012)

June 18, 2012 PACER
6

CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for: Rule (16) conference before the Honorable Kenneth M. Karas, United States District Judge, on Monday, August 6, 2012 at 11:15 a.m. in Courtroom 521, U. S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least five business days beforehand. Initial Conference set for 8/6/2012 at 11:15 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 7/20/2012) (lnl) (Entered: 07/20/2012)

July 20, 2012 PACER
7

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Paul E. Davison. (Signed by Judge Kenneth M. Karas on 9/18/2012) (mml) (Entered: 09/18/2012)

Sept. 18, 2012 PACER
8

ORDER:In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as set forth in this order. (Signed by Magistrate Judge Paul E. Davison on 9/18/2012) (rj) (Entered: 09/19/2012)

Sept. 18, 2012 PACER
9

SCHEDULING ORDER:The matter has been scheduled before the Honorable Paul E. Davison, United States Magistrate Judge, for a telephone conference on October 5, 2012 at 9:30 am. Plaintiffs counsel will be responsible for placing the conference call. Please have all parties on the line when calling chambers. Telephone Conference set for 10/5/2012 at 09:30 AM before Magistrate Judge Paul E. Davison. (Signed by Magistrate Judge Paul E. Davison on 9/19/2012) (rj) (Entered: 09/20/2012)

Sept. 19, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 10/5/2012. Next conference by phone: 12/3/12 at 10:00 am. ( Telephone Conference set for 12/3/2012 at 10:00 AM before Magistrate Judge Paul E. Davison.). (fk)

Oct. 5, 2012 PACER
10

ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Aron Z Karabel dated 10/9/2012 re: Defense counsel submits this letter in response to plaintiffs' request to amend their complaint to (1) modify their Section 1983 and Title VI claims; (2) add state law claims; (3) modify the relief requested; and (4) name additional defendants in their individual capacities. ENDORSEMENT: Counsel for Defendants having provided "written consent" to certain aspects of Plaintiffs' proposal to amend their complaint, see Rule 15(a)(2), Fed. R. Civ. P., but having withheld consent as to other aspects of the proposed pleading, it is hereby ORDERED, that to the extent that Plaintiffs seek leave to amend their complaint to name additional defendants in their additional capacities, they shall file a motion seeking that relief on or before October 19, 2012. The motion shall be accompanied by a copy of the entire proposed amended pleading, but Plaintiffs shall confine their argument to the portions of the pleading to which defendants have not consented. Defendants shall reply to the motion on or before October 26, 2012, and any further response from Plaintiffs shall be filed by October 31, 2012., ( Motions due by 10/19/2012., Responses due by 10/31/2012, Replies due by 10/26/2012.) (Signed by Magistrate Judge Paul E. Davison on 10/10/2012) (rj) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
11

FIRST MOTION to Amend/Correct Complaint. Document filed by David Cohen, Sherri Eccleston, Jerold Rosen. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit Letter dated October 9, 2012)(Meth, Michael) (Entered: 10/19/2012)

1 Exhibit First Amended Complaint

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2 Exhibit Letter dated October 9, 2012

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Oct. 19, 2012 PACER
12

MEMORANDUM OF LAW in Opposition re: 11 FIRST MOTION to Amend/Correct Complaint.. Document filed by Pine Bush Central School District. (Karabel, Aron) (Entered: 10/26/2012)

Oct. 26, 2012 PACER
13

ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Michael D. Meth dated 10/31/2012 re: respectfully requesting a one week adjournment on the return date of plaintiff's motion so that we may have the opportunity to reply to the defendant's opposition papers. ENDORSEMENT: Reply papers due 11/7/2012., (Signed by Magistrate Judge Paul E. Davison on 10/31/2012) (lb) (Entered: 11/01/2012)

Nov. 1, 2012 PACER
14

RULE 16(b) SCHEDULING ORDER: If necessary, Plaintiffs shall file the motion for leave to amend complaint by 10/19/2012. Response due by 10/26/2012. Reply due by 10/31/2012. All Discovery due by 2/1/2013. (Signed by Magistrate Judge Paul E. Davison on 10/26/2012) (lb) (Entered: 11/01/2012)

Nov. 1, 2012 PACER
15

FIRST REPLY MEMORANDUM OF LAW in Support re: 11 FIRST MOTION to Amend/Correct Complaint.. Document filed by David Cohen, Sherri Eccleston, Jerold Rosen. (Meth, Michael) (Entered: 11/07/2012)

Nov. 7, 2012 PACER
16

MOTION for Adele P. Kimmel to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8004908. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Cohen, Sherri Eccleston, Jerold Rosen.(Kimmel, Adele) (Entered: 11/26/2012)

Nov. 26, 2012 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Adele P. Kimmel to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8004908. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Nov. 27, 2012 PACER
17

ORDER granting 16 Motion for Adele P. Kimmel to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul) (Entered: 11/28/2012)

Nov. 28, 2012 PACER
18

NOTICE of Substitution of Attorney. Old Attorney: Aron Karabel, New Attorney: Laura Wong-Pan, Address: Thomas, Drohan, Waxman, Petigrow & Mayle LLP, 2517 Route 52, Hopewell Junction, NY, USA 12533, 845-592-7000. Document filed by Pine Bush Central School District. (Wong-Pan, Laura) (Entered: 11/29/2012)

Nov. 29, 2012 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held. The deadline for the completion of all discovery is extended to 3/1/13. Next conference by phone: 1/8/13 at 9:30 am.Telephone Conference held on 12/3/2012, ( Discovery due by 3/1/2013.), ( Telephone Conference set for 1/8/2013 at 09:30 AM before Magistrate Judge Paul E. Davison.). (rj)

Dec. 3, 2012 PACER
19

MEMORANDUM AND ORDER: For the reasons set forth above, Plaintiffs motion to amend is GRANTED IN PART AND DENIED IN PART. To the extent Plaintiffs wish to seek leave to further amend their pleading to address defects identified herein, they shall do so within 30 days. The Clerk is respectfully directed to terminate the motion. (Dkt. 11.) (Signed by Magistrate Judge Paul E. Davison on 12/6/2012) (rj) (Entered: 12/06/2012)

Dec. 6, 2012 RECAP
20

FIRST MOTION to Amend/Correct Memorandum and Order dated December 6, 2012. Document filed by David Cohen, Sherri Eccleston, Jerold Rosen. Return Date set for 1/17/2013 at 09:30 AM. (Attachments: # 1 Exhibit Memorandum and Order dated December 6, 2012, # 2 Exhibit First Proposed Amended Complaint)(Meth, Michael) (Entered: 12/26/2012)

1 Exhibit Memorandum and Order dated December 6, 2012

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2 Exhibit First Proposed Amended Complaint

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Dec. 26, 2012 PACER
21

MEMORANDUM OF LAW in Opposition re: 20 FIRST MOTION to Amend/Correct Memorandum and Order dated December 6, 2012.. Document filed by Pine Bush Central School District. (Wong-Pan, Laura) (Entered: 01/04/2013)

Jan. 4, 2013 PACER
25

AMENDED COMPLAINT amending 1 Complaint against John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter with JURY DEMAND. Document filed by O.C. and D.C, T.E., A.R. and D.R. Related document: 1 Complaint. (mml) (Entered: 01/14/2013)

Jan. 7, 2013 PACER

AMENDED SUMMONS ISSUED as to John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter.

Jan. 7, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held. Next conference by phone: 2/7/13 at 9:30 am.Telephone Conference held on 1/8/2013, ( Telephone Conference set for 2/7/2013 at 09:30 AM before Magistrate Judge Paul E. Davison.). (rj)

Jan. 8, 2013 PACER
22

AMENDED MEMORANDUM ORDER granting in part and denying in part 20 Motion to Amend/Correct. For the reasons set forth above, Plaintiffs' motion to amend is GRANTED IN PART AND DENIED IN PART. The Clerk is directed to terminate the currently pending motion(Dkt. 20). (Signed by Magistrate Judge Paul E. Davison on 1/8/2013) (rj) (Entered: 01/08/2013)

Jan. 8, 2013 RECAP
23

ORDER: In order that defendant Pine Bush Central School District (Defendant) may comply with its discovery obligations pursuant to the Federal Rules of Civil Procedure, the Court hereby ORDERS Defendants to release to Plaintiffs certain educational records as defined and governed by the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g. The records, which concern students who are not parties to this action and shall be produced without redaction of personal identification information, include disciplinary referrals and incident reports related to the allegations made and/or defenses raised in this action; handwritten notes containing information about non-parties that are related to the allegations made and/or defense raised; andrecords maintained through the CrossPointe Schools online electronic system, with redaction of events identified on the documents that are unrelated to the allegations made and/or the defense raised. FERPA provides for the release of educational records. including student records. without parental consent under limited circumstances. including issuance of a judicial order. § 1232g(b)(2)(B).To ensure compliance with FERPA, and as a condition precedent to the release of these records to Plaintiffs. Defendants are ORDERED to notify either (a) the parent/guardian of the student, or (b) if the student is either 18 years old or attending an institution of post secondary education, the student, of defendants intention to release student records. Such notification shallbe accompanied by a copy of this Order. No records shall be disclosed to Plaintiffs earlier than five (5) days after the notice ordered herein has been served. It is further ORDERED that no student records shall be disclosed until a protective order covering the records has been entered by the Court. Counsel are directed to confer and thereafter submit a mutually agreeable proposed protective order. (Signed by Magistrate Judge Paul E. Davison on 1/10/2013) (rj) (Entered: 01/11/2013)

Jan. 10, 2013 PACER
24

ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Laura Wong-Pan dated 1/10/2013 re: We request an Order under Local Rule 1.4 directing that Aron Karabel, Esq. be relieved as counsel for the Pine Bush Central School District, and substituting the undersigned in his stead. The reason for the request is that Mr. Karabel is no longer with this office. At this point, since Mr. Karabel is named as attorney of record for this defendant, we are not receiving ECF notices. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Paul E. Davison on 1/10/2013) (rj) (Entered: 01/11/2013)

Jan. 10, 2013 PACER
26

ADDENDUM ORDER: This Addendum Order is an integral part of an Order entered today governing the confidential treatment of documents and/or information.Notwithstanding any other provision of the Order, no document may be filed under seal with the Clerk of the Court without a further Order of this Court entered upon an application addressed to the specific document(s) sought to be sealed. Any such application must include a showing that the standards for sealing have been met. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Any party that wishes to file a motion or other pleading containing document(s) or information for which confidential treatment is sought shall file a redacted pleading with the Clerk and submit the unredacted pleading directly to the Court along with the sealing application described in the preceding paragraph. on CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER: "Confidential Information as used herein means documents and information consisting of educational records and documents maintained by the Pine Bush Central School District concerning students who are not a party to this action. Such Confidential Information shall not be used for any purposes by plaintiffs other than in connection with this litigation and shall not be disclosed to any person or entity except as provided herein as set forth in this Order. (Signed by Magistrate Judge Paul E. Davison on 1/23/2013) (rj) (Entered: 01/23/2013)

Jan. 23, 2013 PACER
27

SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. All Defendants. Service was accepted by Laura Wong-Pan, Esq.. Service was made by Mail. Document filed by O.C. and D.C, T.E., A.R. and D.R.. (Meth, Michael) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
28

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. All Defendants. Service was accepted by Laura Wong-Pan, Esq.. Service was made by Mail. Document filed by O.C. and D.C, T.E., A.R. and D.R.. (Meth, Michael) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
29

ANSWER to 25 Amended Complaint,. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter.(Wong-Pan, Laura) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
30

NOTICE OF APPEARANCE by Ogilvie Andrew Fraser Wilson on behalf of A.R. and D.R., O.C. and D.C, T.E. (Wilson, Ogilvie) (Entered: 02/05/2013)

Feb. 5, 2013 PACER
31

NOTICE OF APPEARANCE by Ilann M. Maazel on behalf of A.R. and D.R., O.C. and D.C, T.E. (Maazel, Ilann) (Entered: 02/05/2013)

Feb. 5, 2013 PACER
32

NOTICE OF APPEARANCE by Zoe Antonia Salzman on behalf of A.R. and D.R., O.C. and D.C, T.E. (Salzman, Zoe) (Entered: 02/05/2013)

Feb. 5, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held. Next conference by phone: 3/26/13 at 9:30 am.Telephone Conference held on 2/7/2013, ( Status Conference set for 3/26/2013 at 09:30 AM before Magistrate Judge Paul E. Davison.). (rj)

Feb. 7, 2013 PACER
33

ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Zoe Salzman dated 2/13/2013 re: We write on behalf of all parties, pursuant to Your Honor's direction at the status conference held on February 7, 2013, to propose the following new discovery schedule; Close of all fact discovery May 1, 2013, Plaintiffs' expert disclosures May 15, 2013, Defendants' expert disclosures June 14, 2013, Close of all expert discovery July 15, 2013. ENDORSEMENT: So Ordered., ( Expert Discovery due by 7/15/2013., Fact Discovery due by 5/1/2013.) (Signed by Magistrate Judge Paul E. Davison on 2/13/2013) (rj) (Entered: 02/14/2013)

Feb. 13, 2013 PACER
34

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...Now Therefore IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for Plaintiffs and Defendants as follows As used herein,"Confidential Materials" shall mean medical or psychiatric records for medical and/or psychiatric treatment of Plaintiffs, and the information contained therein, and any records provided by any medical or psychiatric provider pursuant to the releases requested by Defendants for medical and/or psychiatric records as set forth in this order. (Signed by Magistrate Judge Paul E. Davison on 2/15/2013) (rj) (Entered: 02/15/2013)

Feb. 15, 2013 PACER
35

NOTICE OF APPEARANCE by Joan M. Gilbride on behalf of John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg (Gilbride, Joan) (Entered: 02/22/2013)

Feb. 22, 2013 PACER
36

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Zoe Salzman dated 2/13/2013 re: We write on behalf of all parties to propose that that the Court adjourn the pre-motion conference currently scheduled for March 15 to after July 15, 2013. ENDORSEMENT: The Court will hold a status conference on July 26, 2013, at 2:00. This conference will not be adjourned at the Parties' request. SO ORDERED. (Status Conference set for 7/26/2013 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 2/24/2013) (mml) (Entered: 02/26/2013)

Feb. 26, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 3/26/2013. Next conference (in person): 4/1/13 at 2:00 pm. (Conference set for 4/1/2013 at 02:00 PM before Magistrate Judge Paul E. Davison.) (mml)

March 26, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Conference held to address discovery disputes. Disputes resolved on the record. Defendants aregranted leave to file an amended answer as discussed on the record. Next conference by phone: 5/2/13 at 2:00 pm.Discovery Hearing held on 4/1/2013, ( Telephone Conference set for 5/2/2013 at 02:00 PM before Magistrate Judge Paul E. Davison.). (rj)

April 1, 2013 PACER
37

AMENDED ANSWER to 25 Amended Complaint,. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 04/05/2013)

April 5, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 4/12/2013. Telephone conference held to address discovery issues. Issues resolved. The telephone conference currently scheduled for 5/2/13 at 2:00 pm shall proceed. (lnl)

April 12, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held. Next conference by phone: 6/10/13 at 9:30 am.Telephone Conference held on 5/2/2013, ( Telephone Conference set for 6/10/2013 at 09:30 AM before Magistrate Judge Paul E. Davison.). (rj)

May 2, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 6/10/2013. Telephone Conference set for 7/19/2013 at 10:00 AM before Magistrate Judge Paul E. Davison. (rj)

June 10, 2013 PACER
38

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Laura Wong-Pan dated 6/10/2013 re: Counsel requests a June 28, 2013 deadline for submission of pre-motion conference letters, and a July 12, 2013 deadline for the submission of responses. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/11/2013) (mml) (Entered: 06/11/2013)

June 11, 2013 PACER
39

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Laura Wong-Pan dated 6/28/2013 re: Defendants request a pre-motion conference prior to filing their respective Rule 56 motions for summary judgment. ENDORSEMENT: The Court will hold a pre-motion conference on September 10, 2013, at 3:00. SO ORDERED. (Pre-Motion Conference set for 9/10/2013 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 7/15/2013) (mml) (Entered: 07/16/2013)

July 16, 2013 PACER
41

ORDER: Accordingly, the Court ORDERS that the letter (Dkt. No. 40) be removed immediately from the public docket and placed under seal. The Court also ORDERS that Plaintiffs fax to the Court another letter that complies with the privacy protections contained in Federal Rule of Civil Procedure 5.2. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/16/2013) (mml) (Entered: 07/17/2013)

July 16, 2013 PACER
42

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Ilann Maazel dated 7/12/2013 re: Were a motion' filed, plaintiff could continue this litany for 31 pages, showing the anti-Semitism in school was "severe and discriminatory," defendants had "actual knowledge" of the harassment, and they exhibited "deliberate indifference" in response. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/17/2013) (mml) (Entered: 07/18/2013)

July 17, 2013 PACER
43

NOTICE OF CHANGE OF ADDRESS by Laura Wong-Pan on behalf of All Defendants. New Address:. (Wong-Pan, Laura) (Entered: 07/19/2013)

July 19, 2013 PACER

Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 7/19/2013.Telephone conference held. Reference closed for magistrate purposes. (jty)

July 19, 2013 PACER

Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 9/10/2013. Ilann Maazel and Michael Meth for Plaintiffs. Laura Wong-Pan for Defendants. The Court held a pre-motion conference and set a briefing schedule. See scheduling order. Court reporter, Mary. (mml)

Sept. 10, 2013 PACER
44

SCHEDULING ORDER: Defendants must file and serve a motion for summary judgment, along with an accompanying memorandum of law and other supporting materials, by November 22, 2013. The memorandum of law shall not exceed fifty pages without prior permission of the Court. Plaintiffs must file and serve their opposition, which shall also not exceed 50 pages, by January 24, 2014. Defendants must file and serve their reply, which shall not exceed 25 pages, by March 3, 2013. No sur-reply will be permitted without prior permission of the Court. Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicable statute are hereby stayed until the date the motion is due. Oral argument may be scheduled by the Court at a later date. (Motions due by 11/22/2013. Responses due by 1/24/2014. Replies due by 3/3/2014.) (Signed by Judge Kenneth M. Karas on 9/11/2013) (mml) (Entered: 09/12/2013)

Sept. 11, 2013 PACER
45

LETTER addressed to Judge Kenneth M. Karas from Ilann M. Maazel dated 11/18/2013 re: an Extension of their time to move for summary judgment, and proposing to modify the briefing schedule. Document filed by A.R. and D.R., O.C. and D.C, T.E..(Maazel, Ilann) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
46

MEMO ENDORSEMENT on 45 LETTER addressed to Judge Kenneth M. Karas from Ilann M. Maazel dated 11/18/2013 re: an Extension of their time to move for summary judgment, and proposing to modify the briefing schedule. ENDORSEMENT: The revised schedule is as follows: Moving Brief: 12/6/2013. Opposition Brief: 1/17/2014. Reply Brief: 2/7/2014. No more extensions will be granted. So Ordered. (Motions due by 12/6/2013. Responses due by 1/17/2014. Replies due by 2/7/2014.) (Signed by Judge Kenneth M. Karas on 11/19/2013) (lnl) (Entered: 11/19/2013)

Nov. 19, 2013 PACER
47

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Maree Sneed to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Wong-Pan, Laura) Modified on 11/19/2013 (bcu). (Entered: 11/19/2013)

1 Exhibit Certificates of Good Standing

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2 Text of Proposed Order

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Nov. 19, 2013 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 47 MOTION for Maree Sneed to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bcu)

Nov. 19, 2013 PACER

Pro Hac Vice Fee Payment: for 47 MOTION for Maree Sneed to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-9095982.(Wong-Pan, Laura)

Nov. 19, 2013 PACER
48

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Joan Gilbride, dated 11/15/2013, re: Counsel for defendant Pine Bush Central School District writes to request an extension of time to file its motion for summary judgment. Under the Court's September 10, 2013 Scheduling Order, Pine Bush's motion for summary judgment is due November 22, 2013. Pine Bush requests an extension of three weeks, to December 13, 2013, to file the motion for summary judgment. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 11/21/2013) (lnl) (Entered: 11/22/2013)

Nov. 21, 2013 PACER
49

FILING ERROR - DEFICIENT DOCKET ENTRY (See 50 MOTION)- MOTION for Summary Judgment. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. Responses due by 1/17/2013 Return Date set for 2/7/2014 at 11:59 PM.(Wong-Pan, Laura) Modified on 12/9/2013 (db). (Entered: 12/06/2013)

Dec. 6, 2013 PACER
50

MOTION for Partial Summary Judgment. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. Responses due by 1/17/2014 Return Date set for 2/7/2014 at 11:59 PM.(Wong-Pan, Laura) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
51

AFFIDAVIT of Joan Carbone in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit A -, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F Part 1, # 7 Exhibit F Part 2, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Wong-Pan, Laura) (Entered: 12/06/2013)

1 Exhibit A -

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F Part 1

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7 Exhibit F Part 2

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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Dec. 6, 2013 PACER
52

DECLARATION of Maree Sneed in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (Part 1), # 6 Exhibit E (Part 1), # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K (Part 1), # 13 Exhibit K (Part 2), # 14 Exhibit L (part 1), # 15 Exhibit L (part 2), # 16 Exhibit L (part 3), # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O 2005 Code of Conduct, # 20 Exhibit P 2007 Code of COnduct, # 21 Exhibit 2012 Code of Conduct, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD, # 35 Exhibit EE, # 36 Exhibit FF Police Report 12-2011, # 37 Exhibit GG, # 38 Exhibit HH, # 39 Exhibit II Police Report 1-2012, # 40 Exhibit JJ)(Wong-Pan, Laura) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
53

AFFIDAVIT of John Boyle in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
54

AFFIDAVIT of Christopher Mummery in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit A, # 2 Exhibit B (PART 1), # 3 Exhibit B (PART 2), # 4 Exhibit B (PART 3), # 5 Exhibit C, # 6 Exhibit D, # 7 Errata E)(Wong-Pan, Laura) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
55

AFFIDAVIT of Deborha Brush in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wong-Pan, Laura) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
56

RULE 56.1 STATEMENT. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
57

MEMORANDUM OF LAW in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
58

ORDER GRANTING MOTION FOR ADMISSION OF ATTORNEY MAREE SNEED PRO HAC VICE: IT IS HEREBY ORDERED that Attorney Maree Sneed is admitted to practice Pro Hac Vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 12/9/2013) (lnl) (Entered: 12/10/2013)

Dec. 10, 2013 PACER
59

ENDORSED LETTER addressed to Judge Kenneth M. Karas from O. Andrew F. Wilson, dated 1/2/2014, re: Counsel writes on behalf of the plaintiffs to request an additional twenty pates (for a total of seventy) for their consolidated brief in opposition to defendants' summary judgment motion. ENDORSEMENT: Plaintiffs are given ten additional pages (on top of the already given 25 additional pages) in the summary judgment opposition. So Ordered. (Signed by Judge Kenneth M. Karas on 1/6/2014) (ENDORSEMENT verified with KMK Chambers) (lnl) (Entered: 01/07/2014)

Jan. 7, 2014 PACER
60

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Ilann M. Maazel, dated 1/10/2014, re: Counsel for the plaintiffs writes to request an additional four days over the holiday weekend from (1/17/14 - 1/21/14) to finalize their papers in opposition to summary judgment. Defendants consent to this request, provided that they are given a similar weekend extension from February 7 to February 11. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/14/2014) (lnl) (Entered: 01/14/2014)

Jan. 14, 2014 PACER

Set/Reset Deadlines: Responses due by 1/21/2014. Replies due by 2/11/2014. (lnl)

Jan. 14, 2014 PACER
61

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Michael J. Byars dated 1/15/2014 re: Counsel for the United States writes: The United States respectfully requests leave to file a Statement of Interest in the above-referenced civil rights action. Specifically, the United States anticipates that its Statement of Interest will address the legal standards under Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq. ("Title VI"), and the United States Department of Education's implementing regulations, 34 C.F.R. §§ 100.1 et seq. The United States also respectfully requests that, if the above request is granted, the briefing schedule for defendants' summary judgment motion be extended by an additional three days. Thus, the United States would file its statement of interest on January 24,2014 (i.e., three days after the plaintiffs' opposition brief is due), and defendants would file their reply on February 14, 2014. The current date for defendants' reply submission is February 11, 2014. While the United States had hoped to submit its Statement of interest on the same day that plaintiffs' submission is due, January 21, 2014, the additional time is needed for our Office to coordinate with other governmental components. ENDORSEMENT: This requests is granted, but there will be no more extensions. So Ordered. (Signed by Judge Kenneth M. Karas on 1/16/2014) (lnl) (Entered: 01/17/2014)

Jan. 16, 2014 PACER
62

MEMORANDUM OF LAW in Opposition re: 50 MOTION for Partial Summary Judgment.. Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Maazel, Ilann) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
63

DECLARATION of Ilann M. Maazel in Opposition re: 50 MOTION for Partial Summary Judgment.. Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (Part 1), # 5 Exhibit 4 (Part 2), # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 (Part 1), # 9 Exhibit 7 (Part 2), # 10 Exhibit 8 (Part 1), # 11 Exhibit 8 (Part 2), # 12 Exhibit 8 (Part 3), # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35 Exhibit 31, # 36 Exhibit 32, # 37 Exhibit 33, # 38 Exhibit 34, # 39 Exhibit 35, # 40 Exhibit 36, # 41 Exhibit 37, # 42 Exhibit 38, # 43 Exhibit 39, # 44 Exhibit 40, # 45 Exhibit 41, # 46 Exhibit 42, # 47 Exhibit 43, # 48 Exhibit 44, # 49 Exhibit 45, # 50 Exhibit 46, # 51 Exhibit 47, # 52 Exhibit 48, # 53 Exhibit 49, # 54 Exhibit 50, # 55 Exhibit 51, # 56 Exhibit 52 (Part 1), # 57 Exhibit 52 (Part 2), # 58 Exhibit 53, # 59 Exhibit 54, # 60 Exhibit 55, # 61 Exhibit 56, # 62 Exhibit 57, # 63 Exhibit 58, # 64 Exhibit 59, # 65 Exhibit 60, # 66 Exhibit 61, # 67 Exhibit 62, # 68 Exhibit 63, # 69 Exhibit 64, # 70 Exhibit 65, # 71 Exhibit 66, # 72 Exhibit 67, # 73 Exhibit 68, # 74 Exhibit 69, # 75 Exhibit 70, # 76 Exhibit 71, # 77 Exhibit 72, # 78 Exhibit 73, # 79 Exhibit 74)(Maazel, Ilann) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
64

DECLARATION of O. Andrew F. Wilson in Opposition re: 50 MOTION for Partial Summary Judgment.. Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Maazel, Ilann) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
65

DECLARATION of O. Andrew F. Wilson in Opposition re: 50 MOTION for Partial Summary Judgment.. Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Attachments: # 1 Exhibit 3 (Part 1))(Maazel, Ilann) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
66

RULE 56.1 STATEMENT. Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Maazel, Ilann) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
67

BRIEF re: 50 MOTION for Partial Summary Judgment. Statement of Interest of the United States. Document filed by United States of America Department of Justice.(Kennedy, David) (Entered: 01/24/2014)

Jan. 24, 2014 PACER
68

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Laura Wong-Pan, dated 1/29/2014, re: Counsel for the Defendants writes to the Court to request a brief telephone conference regarding an issue related to the redactions made in several of the documents that were docketed. And for leave for an enlargement of Defendant's Reply Memorandum of Law, from 10 to 30 pages. ENDORSEMENT: Defendants may seek permission to remove the errantly filed documents and to replace them with properly redacted filings. Also, Defendants may file their 30-page reply, especially given the very recent involvement of the US Attorney's Office. So Ordered. (Signed by Judge Kenneth M. Karas on 1/30/2014) (lnl) (Entered: 01/31/2014)

Jan. 30, 2014 PACER
69

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Laura Wong-Pan, dated 1/30/2014, re: Counsel writes to request an Order removing Documents numbered 52 through 57 from the public docket and will file replacement documents. It is also counsel's position that Plaintiffs' Exhibit 4 of Document 65 (Transcript of Steven Fisch), their Memorandum of Law and Rule 56.1 (Documents 65 and 66 require additional redactions to remove personally indentifiable information concerning a non-party minor. Plaintiff's attorneys advise that "as a courtesy (without conceding confidentiality)" they consent to the additional redactions to Document 65, by have not responded to a message concerning similar redactions to Document 62 and 66. ENDORSEMENT: Granted. All proposal replacements may be filed. So Ordered. (Signed by Judge Kenneth M. Karas on 1/30/2014) (lnl) (Entered: 01/31/2014)

Jan. 30, 2014 PACER
70

MEMORANDUM OF LAW in Opposition re: 50 MOTION for Partial Summary Judgment. (Replacing Dkt. No. 62). Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Maazel, Ilann) (Entered: 01/31/2014)

Jan. 31, 2014 RECAP
71

RULE 56.1 STATEMENT. Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Maazel, Ilann) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
72

MEMORANDUM OF LAW in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 01/31/2014)

Jan. 31, 2014 RECAP
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AFFIDAVIT of John Boyle in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
74

AFFIDAVIT of Deborha Brush in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit Email, # 2 Exhibit Email, # 3 Exhibit Email, # 4 Exhibit Email)(Wong-Pan, Laura) (Entered: 01/31/2014)

1 Exhibit Email

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2 Exhibit Email

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3 Exhibit Email

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4 Exhibit Email

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Jan. 31, 2014 PACER
75

AFFIDAVIT of Christopher Mummery in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit Photograph, # 2 Exhibit Discipline, # 3 Exhibit Notes, # 4 Exhibit Discipline, # 5 Exhibit Discipline)(Wong-Pan, Laura) (Entered: 01/31/2014)

1 Exhibit Photograph

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2 Exhibit Discipline

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3 Exhibit Notes

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4 Exhibit Discipline

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5 Exhibit Discipline

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Jan. 31, 2014 PACER
76

RULE 56.1 STATEMENT. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
77

DECLARATION of Maree Sneed in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Answer, # 3 Exhibit Amended Answer, # 4 Exhibit Transcript, # 5 Exhibit Transcript (Part 1), # 6 Exhibit Transcript (Part 2), # 7 Exhibit Transcript, # 8 Exhibit Transcript, # 9 Exhibit Transcript (part 2), # 10 Exhibit Transcript, # 11 Exhibit Transcript, # 12 Exhibit Transcript, # 13 Exhibit Transcript, # 14 Exhibit Transcript (Hopmayer), # 15 Exhibit Transcript (Hopmayer), # 16 Exhibit Transcript (Hopmayer), # 17 Exhibit Transcript (Steinberg), # 18 Exhibit Transcript (Carbone), # 19 Exhibit 2005 Code of COnduct, # 20 Exhibit 2007 Code of Conduct, # 21 Exhibit 2012 Code of Conduct, # 22 Exhibit Anti-Bullying Policies, # 23 Exhibit Elementary School COnduct and Disc. Handbook, # 24 Exhibit Discipline, # 25 Exhibit Work Order May 5, 2009, # 26 Exhibit Letter to Parents May 2009, # 27 Exhibit Discipline, # 28 Exhibit Detention, # 29 Exhibit Discipline, # 30 Exhibit Letter to US DOJ, # 31 Exhibit Letter to NYPD, # 32 Exhibit Email, # 33 Exhibit Email, # 34 Exhibit Emails, # 35 Exhibit Discipline, # 36 Exhibit Police Report 12-2011, # 37 Exhibit NYSED Document, # 38 Exhibit Discipline-related documents, # 39 Exhibit Police Report 1-2012, # 40 Exhibit Email)(Wong-Pan, Laura) (Entered: 01/31/2014)

1 Exhibit Amended Complaint

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2 Exhibit Answer

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3 Exhibit Amended Answer

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4 Exhibit Transcript

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5 Exhibit Transcript (Part 1)

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6 Exhibit Transcript (Part 2)

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7 Exhibit Transcript

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8 Exhibit Transcript

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9 Exhibit Transcript (part 2)

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10 Exhibit Transcript

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11 Exhibit Transcript

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12 Exhibit Transcript

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13 Exhibit Transcript

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14 Exhibit Transcript (Hopmayer)

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15 Exhibit Transcript (Hopmayer)

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16 Exhibit Transcript (Hopmayer)

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17 Exhibit Transcript (Steinberg)

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18 Exhibit Transcript (Carbone)

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19 Exhibit 2005 Code of COnduct

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20 Exhibit 2007 Code of Conduct

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21 Exhibit 2012 Code of Conduct

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22 Exhibit Anti-Bullying Policies

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23 Exhibit Elementary School COnduct and Disc. Handbook

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24 Exhibit Discipline

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25 Exhibit Work Order May 5, 2009

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26 Exhibit Letter to Parents May 2009

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27 Exhibit Discipline

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28 Exhibit Detention

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29 Exhibit Discipline

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30 Exhibit Letter to US DOJ

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31 Exhibit Letter to NYPD

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32 Exhibit Email

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33 Exhibit Email

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34 Exhibit Emails

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35 Exhibit Discipline

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36 Exhibit Police Report 12-2011

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37 Exhibit NYSED Document

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38 Exhibit Discipline-related documents

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39 Exhibit Police Report 1-2012

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40 Exhibit Email

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Jan. 31, 2014 PACER
78

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Laura Wong-Pan, dated 1/31/2014, re: Counsel writes: Plaintiffs have contacted us this afternoon, and indicated that Exhibit 4 to the Declaration of O. Andrew F. Wilson (Document 64) should be removed from the docket rather than Document 65. As earlier stated, both parties consent to the filing of replacement documents with full redactions. ENDORSEMENT: Granted, but Plaintiff is to re-file document #65. Document 64 is to be removed from the docket, so it can be refiled with appropriate redacting. So Ordered. (Signed by Judge Kenneth M. Karas on 2/3/2014) (lnl) (Entered: 02/03/2014)

Feb. 3, 2014 PACER
79

DECLARATION of O. Andrew F. Wilson (replacing Dkt. No. 64 & 65) in Opposition re: 50 MOTION for Partial Summary Judgment.. Document filed by A.R. and D.R., O.C. and D.C, T.E.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (Part 1 of 2), # 4 Exhibit 3 (Part 2 of 2), # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16)(Wilson, Ogilvie) (Entered: 02/03/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3 (Part 1 of 2)

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4 Exhibit 3 (Part 2 of 2)

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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Feb. 3, 2014 PACER
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from Laura Wong-Pan dated 2/11/2014 re: Counsel requests an extension of time to submit a reply memorandum. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/11/2014) (mml) (Entered: 02/14/2014)

Feb. 12, 2014 PACER
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COUNTER STATEMENT TO 76 Rule 56.1 Statement., RULE 56.1 STATEMENT. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 02/21/2014)

Feb. 21, 2014 PACER
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AFFIDAVIT of Kelly King in Support re: 50 MOTION for Partial Summary Judgment.. Document filed by John Boyle, Steve Fisch, Aaron Hopmayer, Robert Peters, Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter. (Wong-Pan, Laura) (Entered: 02/21/2014)

Feb. 21, 2014 PACER

State / Territory: New York

Case Type(s):

Education

Key Dates

Filing Date: March 28, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five current and former Jewish students in the Pine Bush Central School District.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pine Bush School District (Orange), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Language:

Other

Type of Facility:

Government-run