Case: J.L. v. Mohawk Cent. Sch. Dist.

J.L. v. Mohawk Central School District

J.L. v. Mohawk Central School District

J.L. v. Mohawk Central School District

J.L. v. Mohawk Central School District

J.L. v. Mohawk Central School District

American Civil Liberties Union

COMPLAINT against Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker (Filing fee $350 receipt number 01372381) filed by J.L. (Attachments: # 1 Civil Cover Sheet)(see) (Entered: 08/19/2009)

1 Civil Cover Sheet

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2 Civil Cover Sheet

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MOTION for Limited Admission Pro Hac Vice of Ami T. Sanghvi Filing fee $30, receipt number 02060000000001373061. filed by J.L.. (Attachments: # 1 Documents for pro hac vice admission) Motions referred to David E. Peebles. (Stoughton, Corey) (Entered: 08/19/2009)

2 Documents for pro hac vice admission

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ORDER TO SHOW CAUSE: Show Cause Hearing set for 9/2/2009 10:00 AM in Utica before Judge David N. Hurd; on or before 12:00 noon on 9/1/2009 defts may file and serve in opposition supporting documents, exhibits, and Memorandum of Law. The entire case is SEALED. Each party is directed to serve the other party by facsimile and to make submissions to the Court by facsimile at 315-793-8034. Signed by Judge David N. Hurd on 8/19/2009. (see) (Entered: 08/19/2009)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/17/2009 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 12/7/2009. (see) (Entered: 08/19/2009)

Summons Issued as to Mohawk Central School District. (mae) (Entered: 08/19/2009)

Summons Issued as to Joyce Caputo. (mae) (Entered: 08/19/2009)

Summons Issued as to Edward Rinaldo. (mae) (Entered: 08/19/2009)

Summons Issued as to Cynthia Stocker. (mae) (Entered: 08/19/2009)

First MOTION for Preliminary Injunction by J.L.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit, # 3 Affidavit, # 4 Declaration, # 5 Certificate of Service)(Stoughton, Corey) (Entered: 08/19/2009)

2 Memorandum of Law

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3 Affidavit

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4 Affidavit

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6 Certificate of Service

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MOTION for Limited Admission Pro Hac Vice of Matthew J. Faiella Filing fee $30, receipt number 02060000000001373001. filed by J.L.. (Attachments: # 1 Supplement Documents for Pro Hac Vice admission) Motions referred to David E. Peebles. (Stoughton, Corey) (Entered: 08/19/2009)

2 Supplement Documents for Pro Hac Vice admission

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MOTION for Limited Admission Pro Hac Vice of Naomi R. Shatz Filing fee $30, receipt number 02060000000001373047. filed by J.L.. (Attachments: # 1 Documents for pro hac vice admission) Motions referred to David E. Peebles. (Stoughton, Corey) (Entered: 08/19/2009)

2 Documents for pro hac vice admission

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CLERK'S CORRECTION OF DOCKET ENTRY re 7 Motion for Preliminary Injunction. Access to the Affidavit of Attorney Corey Stoughton with exhibits has been restricted to case participants and court users because the exhibits contain the minor's name. Therefore the Affidavit of Attorney Stoughton ONLY will not be available for public view. Counsel is reminded that all future documents (including exhibits) should be redacted in compliance with Local Rule 8.1. (see)

AFFIDAVIT of Service by mail for summons and complaint served on Eric Wilson, Esq., authorized to accept service on behalf of all defts, on 8/20/09, filed by Matthew Faiella, Esq. on behalf of pltf J.L. (cbm ) (Entered: 08/21/2009)

Minute Entry for proceedings held before Judge David N. Hurd: Telephone Conference held on 8/19/2009. (Court Reporter None) (cmr, ) (Entered: 08/21/2009)

ORDER: Granting the # 8 Motion for Limited Admission Pro Hac Vice of Matthew J. Faiella. Signed by Magistrate Judge David E. Peebles on 8/24/2009. (mae) (Entered: 08/24/2009)

ORDER: Granting the # 9 Motion for Limited Admission Pro Hac Vice as to Naomi R. Shatz. Signed by Magistrate Judge David E. Peebles on 8/24/2009. (mae) (Entered: 08/24/2009)

ORDER: Granting the # 10 Motion for Limited Admission Pro Hac Vice as to Ami T. Sanghvi. Signed by Magistrate Judge David E. Peebles on 8/24/2009. (mae) (Entered: 08/24/2009)

CONSENT ORDER Regarding Preliminary Relief. Signed by Judge David N. Hurd on 8/27/2009. (see) (Entered: 08/27/2009)

STIPULATION AND ORDER that the plaintiff shall file an amended complaint on 9/10/09. Defendants shall respond to the amended complaint on or before 9/21/09. Signed by Magistrate Judge David E. Peebles on 9/9/09. (Served counsel via e-mail). (sal, ) (Entered: 09/09/2009)

TEXT NOTICE of Rescheduling Hearing: The in-person Initial Conference set for 12/17/09 at 9:30 AM has been rescheduled for 10/8/2009 at 10:30 AM in Syracuse before Magistrate Judge David E. Peebles. The Civil Case Management Plan is now due by 9/28/2009. (Served counsel via e-mail).(sal, )

AMENDED COMPLAINT against all defendants filed by J.L.(cbm ) (Entered: 09/10/2009)

CIVIL CASE MANAGEMENT PLAN by Plaintiff J.L.. (sal, ) Modified on 10/9/2009 to include correct attachment. Defendants provided duplicative ccmp's(sal, ). (Entered: 10/05/2009)

Letter dated 9/30/09 from Frank Miller, Esq. advising that he will be submitting his own civil case management plan as the parties are in dispute w/ respect to the length of time to be allotted for discovery. (sal, ) (Entered: 10/05/2009)

NOTICE of Appearance by Charles E. Symons, Esq. on behalf of defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker (sal, ) (Entered: 10/07/2009)

NOTICE of Appearance of Frank Miller, Esq. on behalf of defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker (sal, ) (Entered: 10/07/2009)

ANSWER to 19 Amended Complaint by defendants Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker.(sal, ) (Entered: 10/07/2009)

CIVIL CASE MANAGEMENT PLAN by Mohawk Central School District, Joyce Caputo, Edward Rinaldo, Cynthia Stocker. (sal, ) (Entered: 10/07/2009)

Letter dated 9/28/09 from Plaintiff regarding Civil Case Mangagement Plan. (sal, ) (Entered: 10/09/2009)

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 10/8/2009. Judge discusses w/ parties whether or not this case should be unsealed. Judge will issue a text order unsealing this case based upon the parties representations. A UPSO will be issued w/ the following dates: Joinder and Amendment deadlines are set for 10/22/09. Discovery deadline is set for 4/30/10. Motion filing deadline is set for 6/30/10. This will be a jury trial lasting 3-5 days in Utica before Judge Hurd. Plaintiff requests relief from 10 deposition limit. Parties will discuss this issue further as discovery is exchanged. Plaintiff intends to retain an expert. Judge does not set a mediation deadline at this time and will revisit this issue at the next telephone conference. Parties will discuss in the meantime whether or not this case can be resolved early on. A telephone conference is set for 10/21/09 at 3:30 PM. Defendant's counsel is directed to initiate the call. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., and Naomi Shatz, Esq.. (sal, )

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 3-5 days. Preferred Trial Location: Utica. Joinder of Parties due by 10/22/2009. Amended Pleadings due by 10/22/2009. Discovery due by 4/30/2010. Motions to be filed by 6/30/2010. Signed by Magistrate Judge David E. Peebles on 10/9/09. (sal, ) (Entered: 10/09/2009)

TEXT ORDER TO UNSEAL CASE. Authorized by Magistrate Judge David E. Peebles on 10/8/09. (sal, )

Set/Reset Hearings: A Status Telephone Conference is set for 10/21/2009 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, )

Letter Motion from Ami Sanghvi for J.L. requesting Withdrawal of Counsel Ami Sanghvi submitted to Judge Peebles. (Stoughton, Corey) (Entered: 10/19/2009)

TEXT ORDER granting 28 Letter Request from Ami Sanghvi, Esq. to withdraw as counsel. Authorized by Magistrate Judge David E. Peebles on 10/20/09. (sal, )

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 10/21/2009. Plaintiff's counsel sent a letter to defendants' counsel regarding settlement options. Defendants' counsel advises that the Board will meet on 10/26/09 and review this letter. Parties will then have further settlement discussions regarding resolution of this matter. Next telephone conference is set for 11/5/09 at 4:30 PM. Plaintiff's counsel is directed to initiate the call. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., Naomi Shatz, Esq., and Frank Miller, Esq. (sal, )

Set/Reset Hearings: Status Telephone Conference set for 11/5/2009 at 4:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call. (sal, )

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 11/5/2009. Defendants' counsel met w/ the Board on 11/3/09 and thereafter submitted a written settlement proposal to plaintiff's counsel who has not yet responded. Plaintiff's counsel states that they will discuss settlement further, but will not accept the settlement proposal offered. Parties believe that the Consent Order is not being followed through, which has been causing problems at the school. Judge will hold a settlement conference w/ all parties present shortly. CRD will be providing counsel w/ tentative dates for this conference. Plaintiff's counsel has served initial written demands. Defendants' counsel will be responding and serving his initial written demands shortly. AP:: Corey Stoughton, Esq., Matthew Faiella, Esq., and Frank Miller, Esq. (sal, )

TEXT NOTICE of Hearing: A Settlement Conference is set for 12/18/2009 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. At that conference the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. In preparation for the scheduled settlement conference, not later than 12/8/09, the parties shall submit directly to Judge Peebles' chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position.(sal, )

Joint Letter Motion from Plaintiff's Counsel on behalf of the Parties for J.L. requesting Protective Order submitted to Judge Peebles. (Attachments: # 1 Proposed Order/Judgment Proposed Protective Order)(Stoughton, Corey) (Entered: 12/01/2009)

1 Proposed Order/Judgment Proposed Protective Order

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Stipulated PROTECTIVE ORDER. Signed by Judge David N. Hurd on 12/3/2009. (see) (Entered: 12/03/2009)

Letter Request / Letter Motion from Attorney Frank W. Miller for Joyce Caputo, Mohawk Central School District, Edward Rinaldo, Cynthia Stocker requesting Removal of Counsel from "Noticed" List submitted to Judge, To the Clerk of the Northern District. (Miller, Frank) (Entered: 12/17/2009)

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Settlement Conference held on 12/18/2009. Parties were able to resolve several issues, but are still working towards resolving the remaining issues. After lengthy settlement discussions, Judge sets up a follow-up telephone conference for 1/13/10 at 3:00 PM. Defendants' counsel is directed to initiate the call to Chambers. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., Naomi Shatz, Esq., plaintiff J.L. and father, Frank Miller, Esq., and several representatives from the school district. (sal, )

Set/Reset Hearings: Status Conference set for 1/13/2010 03:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call. (sal, )

NOTICE of Motion to Intervene by United States of America (Attachments: # 1 Motion to Intervene, # 2 Complaint-in-Intervention, # 3 Certificate of Assistant Attorney General, # 4 Memorandum of Law, # 5 Exhibit(s) Lopez Order, # 6 Exhibit(s) Hoffman Order, # 7 Exhibit(s) Lovins Order, # 8 Declaration Declaration of William F. Larkin, # 9 Certificate of Service)(Larkin, William) Modified on 1/15/2010 (see), changed event code to motion. (Entered: 01/14/2010)

1 Motion to Intervene

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2 Complaint-in-Intervention

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3 Certificate of Assistant Attorney General

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4 Memorandum of Law

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5 Exhibit(s) Lopez Order

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6 Exhibit(s) Hoffman Order

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7 Exhibit(s) Lovins Order

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8 Declaration Declaration of William F. Larkin

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9 Certificate of Service

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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 1/13/2010. Parties are still discussing settlement. Counsel for DOJ Civil Rights Division indicate that they are participating in this conference call today, since they may be filing a motion to intervene. Judge gives the DOJ permission to file this motion, however, he does not feel this conference call will be productive w/ them present on the call. Since they are not a party to this action, Judge dismisses them from the call. Parties further discuss settlement options w/ Judge Peebles. Judge stays the existing deadlines in this case. A telephone conference is set for 1/29/10 at 3:00 PM. Plaintiff's counsel is directed to initiate the call. Judge states that counsel for the DOJ are not to participate in this conference call absent permission from the court. APP: Matthew Faiella, Esq., Naomi Shatz, Esq., Corey Stoughton, Esq., Whitney Pelligrino, Esq., Amanda Downs, Esq., Frank Miller, Esq., and Miles Lawlor, Esq.. (sal, )

Set Deadlines as to 32 MOTION to Intervene. Response to Motion due by 2/8/2010. Motion Hearing set for 2/24/2010 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. (see)

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 1/29/2010. Parties have made substantial progress with their settlement discussions. Some outstanding issues remain, but parties believe that they will be able to resolve them w/in a week. Parties do not request a further conference w/ the court at this time. CRD for Judge Peebles will track case for two weeks for a stipulation of dismissal / settlement agreement. If this document is not received by that time, the court will contact the parties. APP: Corey Stoughton, Esq., Matthew Faiella, Esq., Naomi Shatz, Esq., Frank Miller, Esq., Miles Lawlor, Esq. and Eric Wilson, Esq.. (sal, )

RESPONSE in Opposition re 32 MOTION to Intervene . Attorney Declaration of Frank W. Miller for Defendants, filed by Joyce Caputo, Mohawk Central School District, Edward Rinaldo, Cynthia Stocker. (Attachments: # 1 Exhibit(s) Exhibits A - B to Attorney Declaration, # 2 Memorandum of Law Defendants' Memorandum of Law in Opposition to Motion to Intervene, with attached case, # 3 Supplement Certificate of Service)(Miller, Frank) (Entered: 02/08/2010)

1 Exhibit(s) Exhibits A - B to Attorney Declaration

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2 Memorandum of Law Defendants' Memorandum of Law in Opposition to Motion to

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3 Supplement Certificate of Service

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TEXT NOTICE Regarding Hearing on 32 Motion to Intervene: Based upon ongoing settlement negotiations between the parties, the hearing set for 2/24/10 has been adjourned without date. (sal, )

Any proposed settlement agreement in this matter must be submitted to Judge Hurd under separate cover and not filed on ECF per verbal order of Judge David N. Hurd. (cmr, )

Redacted STIPULATION & SETTLEMENT AGREEMENT & Order: that deft Mohawk Central School district shall issue one check, payable to Robert Sullivan as trustee of the J.L. 2010 Trust, in the amount of $50,000.00, as payment in full for all claims asserted by pltf herein. Deft Mohawk Central School District also shall issue one check, payable to the NY Civil Liberties union Foundation (NYCLU) in the amount of $25,000.00, in full settlement of Pltfs claims for attys fees. Said checks shall be delivered to Pltfs counsel no later than 30 days following the execution of this agreement. In consideration of this settlement agreement, pltf shall voluntarily dismiss with prejudice, by Stipulation of Dismissal pursuant to FRCivP 41(a)(1)(A)(ii), this action against defts Mohawk Central School District, Joyce Caputo, Edward Rinaldo, & Cynthia Stocker. Said Stipulation of Dismissal shall be filed with the Court no later than 30 days from the date of execution of this agreement. In consideration of this settlement agreement, the US shall voluntarily withdraw its Motion to Intervene with prejudice. The US shall notify the Court of this withdrawal no later than 30 days from the date of the execution of this agreement. (see) (Entered: 03/29/2010)

Unredacted Stipulation and Settlement Agreement and ORDER. (see) Modified on 4/22/2011, unsealed pursuant to the 38 OTSC & pltf consent located at document #39. Access restricted to case participants and public terminals. (see) (Entered: 03/29/2010)

STIPULATION of Dismissal by J.L. submitted to Judge Hurd. (Shatz, Naomi) (Entered: 04/14/2010)

Stipulation & ORDER of Dismissal with prejudice. Signed by Judge David N. Hurd on 4/26/2010. (see) (Entered: 04/27/2010)

ORDER TO SHOW CAUSE: that the parties show cause, within 30 days of this order, why the case or documents cannot be unsealed. Failure to respond or show cause will result in the case or documents being unsealed and scanned then uploaded to the Districts Electronic Filing System (CM/ECF) without further Order. {Specifically regarding Sealed Document #35}Signed by Judge David N. Hurd on 3/23/2011. (see) (Entered: 03/23/2011)

RESPONSE TO ORDER TO SHOW CAUSE filed by J.L., stating that the pltf and his present legal guardian have no objection to the Court's unsealing of document #35. (Stoughton, Corey) (Entered: 04/01/2011)