Civil Rights Litigation Clearinghouse

Case: Pratt v. Indian River Cent. Sch. Dist.

7:09-cv-00411 | U.S. District Court for the Northern District of New York

Filed Date: April 8, 2009

Closed Date: 2013

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Case Summary

On April 8, 2009, the plaintiffs, a student discriminated against and harassed based on his sex and sexual orientation and his sister who tried to form a gay-straight student alliance at their high school, brought a suit against Indian River Central School District, the District Board of Education, and a number of individual administrative officials, in the U.S. District Court for the Northern District of New York (Judge Glenn T. Suddaby). The plaintiffs, represented by private counsel and Lambda Legal, sought a declaratory judgment, permanent injunctive relief, a jury trial, and nominal, compensatory, and punitive damages due to the defendants' viewpoint and content-based discrimination under the Equal Access Act, 20 U.S.C. § 4071, et seq. and freedom of speech and association under the First Amendment, denial of equal protection due to sex and sexual orientation under the Fourteenth Amendment, sex discrimination under Title IX of the Education Amendments of 1972, U.S.C. § 1681, et seq., and violation of New York law.

Specifically, the plaintiffs claimed that from September 1993 until January 2004, the defendants were deliberately indifferent and contributed to one of the plaintiff's severe, pervasive harassment based on his sex and sexual orientation, depriving him of equal access to educational programs and causing him to drop out of high school due to the emotional and physical harms he suffered. The plaintiffs also claimed that the defendant repeatedly denied students, including the plaintiffs themselves, permission to form a gay-straight student alliance in violation of their rights under the Equal Access Act and the First Amendment.

On August 13, 2010, the United States moved to participate as amicus curiae, as the suit involved Title IX and Equal Protection claims based on sex. The motion was approved on December 6, 2010. On March 29, 2011, the Court granted in part and denied in part the defendants' motion for summary judgment and motion to dismiss. See Pratt v. Indian River Cent. Sch. Dist., 803 F. Supp. 2d 135, 154 (N.D. N.Y. 2011). The Court dismissed two of the plaintiffs' New York law claims and the plaintiffs' claim for punitive damages against the School District, but left the rest of the claims standing against the defendants. See id.

The parties reached a private settlement agreement, which the Court recognized on June 21, 2013, and dismissed the action with prejudice on August 8, 2013. The settlement agreement required the District to: retain a consultant to advise them on how to better handle student harassment, share information about student bullying across the schools in the District, and follow certain guidelines set out in the agreement. See Lambda Legal, Lambda Legal Clients and Indian River Central School District Settle Antigay Harassment Lawsuit, Lambda Legal (August 8, 2013), http://www.lambdalegal.org/blog/pratt-v-indian-river-central-school-district-settlement.

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Summary Authors

Stella Cernak (3/30/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4326325/parties/pratt-v-indian-river-central-school-district/

Judge(s)

Dancks, Therese Wiley (New York)

Suddaby, Glenn T. (New York)

Attorneys(s) for Plaintiff

Chanda, Sudwiti (New York)

Gorenberg, Hayley J. (New York)

Gretch, Robert A. (New York)

Humann, Adam T. (New York)

Kavey, Michael (New York)

Klugman, Maura M (New York)

Kolod, Alexandra P. (New York)

LeCointe-Cephas, Lisa V. (New York)

Judge(s)

Dancks, Therese Wiley (New York)

Suddaby, Glenn T. (New York)

Attorneys(s) for Plaintiff

Chanda, Sudwiti (New York)

Gorenberg, Hayley J. (New York)

Gretch, Robert A. (New York)

Humann, Adam T. (New York)

Kavey, Michael (New York)

Klugman, Maura M (New York)

Kolod, Alexandra P. (New York)

LeCointe-Cephas, Lisa V. (New York)

Reznik, Victoria (New York)

Ude, Thomas W. Jr. (New York)

Attorneys(s) for Defendant

Georgiady, Bryan N. (New York)

Livolsi, Michael J. (New York)

Miller, Frank W. (New York)

Spagnoli, Charles C. (New York)

Symons, Charles E. (New York)

Other Attorney(s)

Awad, Christopher S. (District of Columbia)

Berman, Amy I. (District of Columbia)

Hartunian, Richard (New York)

Juvvadi, Krishna K. (District of Columbia)

McCarthy, Emily H. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Expert/Monitor/Master

Larkin, William F. (New York)

Pease, William H. (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] Pratt v. Indian River Central School District	Aug. 8, 2013	Docket
1	Complaint Pratt v. Indian River Central School District	April 8, 2009	Complaint
30-2	Attorney Declaration Pratt v. Indian River Central School District	June 12, 2009	Declaration/Affidavit
30-9	Defendants' Statement of Material Facts Pratt v. Indian River Central School District	June 12, 2009	Pleading / Motion / Brief
30-5	Affidavit of James Kettrick Pratt v. Indian River Central School District	June 12, 2009	Declaration/Affidavit
47	First Amended Complaint Pratt v. Indian River Central School District	Feb. 18, 2010	Complaint
68	United States Motion for Leave to Participate as Amicus Curiae Pratt v. Indian River Central School District	Aug. 13, 2010	Pleading / Motion / Brief
77	Memorandum-Decision & Order Pratt v. Indian River Central School District 803 F.Supp.2d 135	March 29, 2011	Order/Opinion
151	Judgment Dismissing Action By Reason of Settlement Pratt v. Indian River Central School District	June 21, 2013	Order/Opinion
155	Stipulation of Dismissal With Prejudice Pratt v. Indian River Central School District	Aug. 8, 2013	Order/Opinion

Resources

Title	Description		External URL
School district settles anti-gay harassment lawsuit SDGLN Staff	This article provides insight on the settlement reached.	Aug. 1, 2013	http://sdgln.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4326325/pratt-v-indian-river-central-school-district/

Last updated May 12, 2022, 8 p.m.

ECF Number	Description	Date	Link
11	Summons Issued as to Amable Turner. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
10	Summons Issued as to James Kettrick. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
9	Summons Issued as to Indian River Central School District Board of Education. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
8	Summons Issued as to Indian River Central School District. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
7	Summons Issued as to Patricia Henderson. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
6	Summons Issued as to Kenda Gray. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
5	Summons Issued as to Troy Decker. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
4	Summons Issued as to John Davis. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
3	Summons Issued as to Jay Brown. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
2	G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 8/19/2009 at 11:00 AM by Telephone before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 8/10/2009. (sfp, ) (Entered: 04/08/2009)	April 8, 2009	PACER
1	COMPLAINT against Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick (Filing fee $350 receipt number 1263269) filed by Charles Patrick Pratt, A.E.P.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits)(sfp, ) (Entered: 04/08/2009) 2 Civil Cover Sheet View on PACER 3 Exhibits View on PACER	April 8, 2009	RECAP
15	ORDER granting 13 Motion for Limited Admission Pro Hac Vice as to Adam T. Humann. Signed by Magistrate Judge George H. Lowe on 4/9/09. (rjb, ) (Entered: 04/09/2009)	April 9, 2009	PACER
14	ORDER granting 12 Motion for Limited Admission Pro Hac Vice as to Sudwiti Chanda. Signed by Magistrate Judge George H. Lowe on 4/9/09. (rjb, ) (Entered: 04/09/2009)	April 9, 2009	PACER
13	MOTION for Limited Admission Pro Hac Vice of Adam T. Humann Filing fee $30, receipt number 02060000000001264557. filed by Charles Patrick Pratt, A.E.P.. (Attachments: # 1 Verified Petition, # 2 Affidavit of Sponsor, # 3 Certificate of Good Standing, # 4 E-Filing Registration Form, # 5 Proposed Order/Judgment, # 6 Certificate of Service) Motions referred to George H. Lowe. (Kavey, Michael) (Entered: 04/09/2009) 2 Verified Petition View on PACER 3 Affidavit of Sponsor View on PACER 4 Certificate of Good Standing View on PACER 5 E-Filing Registration Form View on PACER 6 Proposed Order/Judgment View on PACER 7 Certificate of Service View on PACER	April 9, 2009	PACER
12	MOTION for Limited Admission Pro Hac Vice of Sudwiti Chanda Filing fee $30, receipt number 02060000000001264524. filed by Charles Patrick Pratt, A.E.P.. (Attachments: # 1 Verified Petition, # 2 Affidavit of Sponsor, # 3 Certificate of Good Standing, # 4 E-Filing Registration Form, # 5 Proposed Order/Judgment, # 6 Certificate of Service) Motions referred to George H. Lowe. (Kavey, Michael) (Entered: 04/09/2009) 2 Verified Petition View on PACER 3 Affidavit of Sponsor View on PACER 4 Certificate of Good Standing View on PACER 5 E-Filing Registration Form View on PACER 6 Proposed Order/Judgment View on PACER 7 Certificate of Service View on PACER	April 9, 2009	PACER
	CLERK'S CORRECTION OF DOCKET ENTRY; Text of 16 Affidavit of Service was modified to reflect the correct name of the Deft served. (amt)	April 16, 2009	PACER
24	AFFIDAVIT of Service for Summons and Complaint served on James Kettrick on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
23	AFFIDAVIT of Service for Summons and Complaint served on Indian River Central School District on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
22	AFFIDAVIT of Service for Summons and Complaint served on Troy Decker on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
21	AFFIDAVIT of Service for Summons and Complaint served on Patricia Henderson on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
20	AFFIDAVIT of Service for Summons and Complaint served on Kenda Gray on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
19	AFFIDAVIT of Service for Summons and Complaint served on Jay Brown on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
18	AFFIDAVIT of Service for Summons and Complaint served on IRCSD Board of Education on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
17	AFFIDAVIT of Service for Summons and Complaint Corrected served on Amable Turner on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/16/2009)	April 16, 2009	PACER
16	AFFIDAVIT of Service for Summons and Complaint served on Amable Turner on 4/13/2009, filed by A.E.P.. (Chanda, Sudwiti) Modified on 4/16/2009 (amt). (Entered: 04/16/2009)	April 16, 2009	PACER
25	NOTICE of Appearance by Michael D. Kavey on behalf of all plaintiffs (Kavey, Michael) (Entered: 04/22/2009)	April 22, 2009	PACER
26	AFFIDAVIT of Service for Summons & Complaint served on John Davis on 4/24/2009, filed by A.E.P.. (Chanda, Sudwiti) (Entered: 04/30/2009)	April 30, 2009	PACER
28	Defendants' ANSWER to 1 Complaint, filed by Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick. (Attachments: # 1 Supplement Certificate of Service)(Miller, Frank) (Entered: 05/04/2009) 2 Supplement Certificate of Service View on PACER	May 4, 2009	RECAP
27	NOTICE of Appearance by Frank W. Miller on behalf of Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick (Miller, Frank) (Entered: 05/04/2009)	May 4, 2009	PACER
	TEXT NOTICE of Hearing CHANGE: The Initial Rule 16 Conference scheduled for 8/19/09 is hereby RESCHEDULED for 6/18/2009 at 09:30 AM before Magistrate Judge George H. Lowe; Civil Case Management Plan due by 6/15/2009. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, )	May 5, 2009	PACER
	TEXT NOTICE of Hearing CHANGE: Pursuant to the request of Plaintiffs' counsel, the Initial Conference scheduled for 6/18/09 is hereby RESCHEDULED for 6/25/2009 at 09:30 AM before Magistrate Judge George H. Lowe; Civil Case Management Plan due by 6/22/2009. (rjb, )	June 2, 2009	PACER
29	Letter Motion from Sudwiti Chanda and Michael Kavey for Charles Patrick Pratt, A.E.P. requesting Civil Case Management Plan submitted to Judge Glenn T. Suddaby. (Chanda, Sudwiti) (Entered: 06/11/2009)	June 11, 2009	PACER
30	First MOTION for Summary Judgment /Motion to Dismiss, Motion Hearing set for 7/16/2009 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 6/29/2009 Reply to Response to Motion due by 7/6/2009. filed by Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick. (Attachments: # 1 Declaration Attorney Declaration, # 2 Exhibit(s) Ex. A, Part 1 to Atty. Declaration, # 3 Exhibit(s) Ex. A, Part 2, and Ex. B to Atty. Declaration, # 4 Affidavit Affidavit of James Kettrick, # 5 Memorandum of Law Defs'. MOL in support of Motion to Dismiss/Motion for Summary Judgment, # 6 Supplement Attachments to Defs' MOL, Part 1, # 7 Supplement Attachments to Defs' MOL, Part 2, # 8 Statement of Material Facts Def's' Statement of Material Facts, # 9 Supplement Certificate of Service) (Miller, Frank) (Entered: 06/12/2009) 2 Declaration Attorney Declaration View on PACER 3 Exhibit(s) Ex. A, Part 1 to Atty. Declaration View on PACER 4 Exhibit(s) Ex. A, Part 2, and Ex. B to Atty. Declaration View on PACER 5 Affidavit Affidavit of James Kettrick View on PACER 6 Memorandum of Law Defs'. MOL in support of Motion to Dismiss/Motion for Sum View on PACER 7 Supplement Attachments to Defs' MOL, Part 1 View on PACER 8 Supplement Attachments to Defs' MOL, Part 2 View on PACER 9 Statement of Material Facts Def's' Statement of Material Facts View on PACER 10 Supplement Certificate of Service View on PACER	June 12, 2009	PACER
	TEXT NOTICE: The Rule 16 conference scheduled for June 25, 2009 is hereby adjourned without date. The conference will be rescheduled, if necessary, once a decision has been issued on the 30 Motion for Summary Judgment/Motion to Dismiss. (rjb, )	June 15, 2009	PACER
	TEXT NOTICE of Hearing on # 30 MOTION for Summary Judgment//Motion to Dismiss,: Motion Hearing set for 7/15/2009 on submit before Judge Glenn T. Suddaby. No appearances necessary. Response to Motion due by 6/29/2009. Reply to Response to Motion due by 7/6/2009. Counsel are directed to forward a courtesy copy of all motion papers in excess of 50 pages directly to Judge Suddaby's chambers.(lmw)	June 15, 2009	PACER
31	NOTICE of Appearance by Charles E. Symons on behalf of Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick (Symons, Charles) (Entered: 06/19/2009)	June 19, 2009	PACER
32	Letter Motion from Lambda Legal and Kirkland & Ellis LLP on behalf of Plaintiffs for Charles Patrick Pratt, A.E.P. requesting adjournment of briefing schedule submitted to Judge Suddaby and Judge Lowe. (Chanda, Sudwiti) (Entered: 06/24/2009)	June 24, 2009	PACER
	TEXT ORDER granting Plaintiffs' # 32 request for an extension of the deadline for their response to Defendants' motion for summary judgment. In accordance with Plaintiffs' proposed motion-to-amend deadline set forth in their letter of 6/11/09, Plaintiffs shall have until 7/1/09, by which to file a motion to amend their Complaint. Upon the Court's issuance of its Decision and Order on Plaintiffs' motion to amend, the Court will reset the briefing schedule on Defendants' motion, including a deadline for any amendment or supplementation of the motion, should that be necessary. Authorized by Judge Glenn T. Suddaby on 6/25/09. (lmw)	June 25, 2009	PACER
33	MOTION for Leave to File Amended Complaint filed by Charles Patrick Pratt, A.E.P.. (Attachments: # 1 Affidavit) Motions referred to George H. Lowe. (Chanda, Sudwiti) (Entered: 07/01/2009) 2 Affidavit View on PACER	July 1, 2009	PACER
	COURT TEXT NOTICE placing Plaintiff's 33 MOTION for Leave to File Amended Complaint on Magistrate Judge Lowe's 8/6/09 motion calendar; The motion will be ON SUBMIT - No appearances are necessary; Response to Motion due by 7/20/2009; Reply to Response to Motion due by 7/26/2009. (amt)	July 2, 2009	PACER
34	RESPONSE in Opposition re 33 MOTION for Leave to File Amended Complaint filed by Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick. (Attachments: # 1 Memorandum of Law Response brief in opposition to motion to amend, # 2 Affidavit Electronic certificate of service)(Symons, Charles) (Entered: 07/20/2009) 2 Memorandum of Law Response brief in opposition to motion to amend View on PACER 3 Affidavit Electronic certificate of service View on PACER	July 20, 2009	PACER
35	REPLY to Response to Motion re 33 MOTION for Leave to File Amended Complaint filed by Charles Patrick Pratt. (Attachments: # 1 Affidavit Affidavit of M. Kavey in Supp. of Reply Mem., # 2 Certificate of Service)(Kavey, Michael) (Entered: 07/27/2009) 2 Affidavit Affidavit of M. Kavey in Supp. of Reply Mem. View on PACER 3 Certificate of Service View on PACER	July 27, 2009	PACER
36	MOTION for Limited Admission Pro Hac Vice of Maura Martin Klugman Filing fee $30, receipt number 02060000000001354958. filed by Charles Patrick Pratt, A.E.P.. (Attachments: # 1 Verified Petition, # 2 Affidavit of Sponsor, # 3 Klugman Certificate of Good Standing, NY, # 4 E-filing Registration, Klugman, # 5 Proposed Order/Judgment for Limited Pro Hac Vice Admission, Klugman, # 6 Certificate of Service) Motions referred to George H. Lowe. (Kavey, Michael) (Entered: 07/30/2009) 2 Verified Petition View on PACER 3 Affidavit of Sponsor View on PACER 4 Klugman Certificate of Good Standing, NY View on PACER 5 E-filing Registration, Klugman View on PACER 6 Proposed Order/Judgment for Limited Pro Hac Vice Admission, Klugman View on PACER 7 Certificate of Service View on PACER	July 30, 2009	PACER
37	ORDER granting 36 Motion for Limited Admission Pro Hac Vice as to Maura Martin Klugman. Signed by Magistrate Judge George H. Lowe on 8/3/09. (rjb, ) (Entered: 08/03/2009)	Aug. 3, 2009	PACER
38	Letter Request / Letter Motion from attorney Charles E. Symons on behalf of defendants for Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick requesting permission to submit a 2-page letter brief submitted to Judge Glenn T. Suddaby. (Symons, Charles) (Entered: 10/08/2009)	Oct. 8, 2009	PACER
	TEXT ORDER granting Defendants' # 38 Letter Request. Defendants are granted permission to file a letter brief limited to two pages by 10/16/09 with regard to the recent decision issued by the Appellate Division Second Department. Plaintiffs' are granted permission to file a response letter brief of no more than two pages by 10/23/09. Authorized by Judge Glenn T. Suddaby on 10/13/09. (lmw)	Oct. 13, 2009	PACER
39	/ 2 page Letter Brief with attached cases, filed by Troy Decker, Jay Brown, John Davis, Kenda Gray, Amable Turner, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick. (Attachments: # 1 Supplement Certificate of Service)(Symons, Charles) Modified on 10/16/2009 (amt). (Entered: 10/15/2009) 2 Supplement Certificate of Service View on PACER	Oct. 15, 2009	PACER
40	LETTER BRIEF by Charles Patrick Pratt, A.E.P.. (Attachments: # 1 Supplement Certificate of Service)(Humann, Adam) (Entered: 10/23/2009) 2 Supplement Certificate of Service View on PACER	Oct. 23, 2009	PACER
41	NOTICE of Appearance by Thomas W. Ude, Jr on behalf of A.E.P., Charles Patrick Pratt (Attachments: # 1 Certificate of Service)(Ude, Thomas) (Entered: 12/04/2009) 1 Certificate of Service View on PACER	Dec. 4, 2009	PACER
42	NOTICE by Indian River Central School District (Symons, Charles) (Entered: 12/17/2009)	Dec. 17, 2009	PACER
43	Letter Request / Letter Motion from attorney Frank W. Miller for Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Amable Turner requesting Removal of Charles E. Symons from list of "noticed" attorneys submitted to Judge, submitted to Clerk of District Court, Northern District of New York. (Miller, Frank) (Entered: 12/18/2009)	Dec. 18, 2009	PACER
44	ORDER: Plaintiff's 33 Motion for Leave to File an amended complaint is GRANTED. The amended complaint is to be filed within ten days of this Order. Signed by Magistrate Judge George H. Lowe on 2/9/2010. (dmf) (Entered: 02/09/2010)	Feb. 9, 2010	PACER
47	AMENDED COMPLAINT by A.E.P., Charles Patrick Pratt. (Attachments: # 1 Certificate of Service)(Ude, Thomas) Modified on 2/18/2010 (amt). (Entered: 02/18/2010) 1 Certificate of Service View on PACER	Feb. 18, 2010	PACER
46	NOTICE by A.E.P., Charles Patrick Pratt of Filing First Amended Complaint (Attachments: # 1 Stipulation of Counsel of February 17, 2010, # 2 Certificate of Service)(Ude, Thomas) (Entered: 02/18/2010) 1 Stipulation of Counsel of February 17, 2010 View on PACER 2 Certificate of Service View on PACER	Feb. 18, 2010	PACER
45	NOTICE by A.E.P., Charles Patrick Pratt Withdrawal of Counsel - Sudwiti Chanda (Humann, Adam) (Entered: 02/18/2010)	Feb. 18, 2010	PACER
49	Summons Issued as to Brian Moore re: 47 Amended Complaint. (amt) (Entered: 02/19/2010)	Feb. 19, 2010	PACER
48	NOTICE by A.E.P., Charles Patrick Pratt re 46 Notice (Other) Letter Attachment to Stipulation re Amended Complaint (Attachments: # 1 Letter of Counsel - Additional Attachment to Notice filed on February 18 2010)(Ude, Thomas) (Entered: 02/19/2010) 1 Letter of Counsel - Additional Attachment to Notice filed on February 18 2010 View on PACER	Feb. 19, 2010	PACER
50	AFFIDAVIT of Service for Summons and Amended Complaint served on Brian Moore on 2/22/2010, filed by A.E.P., Charles Patrick Pratt. (Humann, Adam) (Entered: 02/25/2010)	Feb. 25, 2010	PACER
52	NOTICE of Appearance by Frank W. Miller on behalf of Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner (Attachments: # 1 Affidavit Certificate of Service)(Miller, Frank) (Entered: 03/05/2010) 1 Affidavit Certificate of Service View on PACER	March 5, 2010	PACER
51	Defendant's ANSWER to 47 Amended Complaint, by Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner. (Attachments: # 1 Affidavit Certificate of Service)(Miller, Frank) Modified on 3/5/2010, to reflect correct document answering (mnm). (Entered: 03/05/2010) 1 Affidavit Certificate of Service View on PACER	March 5, 2010	PACER
53	MOTION for Limited Admission Pro Hac Vice of Vickie Reznik Filing fee $30, receipt number 0206-1545569. filed by A.E.P., Charles Patrick Pratt. (Attachments: # 1 Verified Petition, # 2 Affidavit of Sponsor, # 3 Certificate of Good Standing, # 4 E-Filing Registration Form, # 5 Proposed Order/Judgment, # 6 Certificate of Service) Motions referred to George H. Lowe. (Ude, Thomas) (Entered: 04/14/2010) 1 Verified Petition View on PACER 2 Affidavit of Sponsor View on PACER 3 Certificate of Good Standing View on PACER 4 E-Filing Registration Form View on PACER 5 Proposed Order/Judgment View on PACER 6 Certificate of Service View on PACER	April 14, 2010	PACER
54	ORDER granting 53 Motion for Limited Admission Pro Hac Vice as to Vickie Reznik. Signed by Magistrate Judge George H. Lowe on 4/15/10. (rjb, ) (Entered: 04/15/2010)	April 15, 2010	PACER
55	Letter Motion from Frank W. Miller for Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Amable Turner requesting further direction from the Court in light of the Courts prior Order in this matter, i.e., Docket Entry No. 54, regarding whether the Court wishes to establish a further briefing schedule for the motion to dismiss. submitted to Judge Glenn T. Suddaby. (Miller, Frank) (Entered: 05/19/2010)	May 19, 2010	PACER
	NOTICE of Hearing on # 30 First MOTION for Summary Judgment /Motion to Dismiss : Motion Hearing set for 7/15/2010 on submit before Judge Glenn T. Suddaby. No appearances are necessary. Defendants may file, if they so choose, an amendment or supplement to the # 30 motion to dismiss by 6/11/10. Response to Motion due by 6/28/2010. Reply to Response to Motion due by 7/6/2010. Counsel are directed to forward a courtesy copy of all motion papers in excess of 50 pages directly to chambers.(lmw)	May 21, 2010	PACER
56	SECOND MOTION to Dismiss Motion Hearing set for 7/15/2010 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 6/28/2010 Reply to Response to Motion due by 7/6/2010. filed by Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Amable Turner. (Attachments: # 1 Statement of Material Facts Statement of Material Facts, # 2 Declaration Attorney Declaration of Michael J. Livolsi, # 3 Exhibit(s) Exhibit A to Declaration, # 4 Exhibit(s) Exhibit B to Declaration, # 5 Exhibit(s) Exhibit C to Declaration, # 6 Exhibit(s) Exhibit D to Declaration, # 7 Exhibit(s) Exhibit E to Declaration, # 8 Exhibit(s) Exhibit F to Declaration, # 9 Exhibit(s) Exhibit G to Declaration, # 10 Exhibit(s) Exhibit H to Declaration, # 11 Exhibit(s) Exhibit I to Declaration, # 12 Exhibit(s) Exhibit J to Declaration, # 13 Exhibit(s) Exhibit K to Declaration, # 14 Exhibit(s) Exhibit L to Declaration, # 15 Exhibit(s) Exhibit M to Declaration, # 16 Exhibit(s) Exhibit N to Declaration, # 17 Exhibit(s) Exhibit O to Declaration, # 18 Memorandum of Law Defendants' Memorandum of Law in Support of Defendants' Motion to Dismiss/Motion for Summary Judgment, # 19 Supplement Attachment 1 to MOL, # 20 Supplement Attachment 2 to MOL, # 21 Supplement Attachment 3 to MOL, # 22 Supplement Attachment 4 to MOL, # 23 Supplement Attachment 5 to MOL, # 24 Supplement Attachment 6 to MOL, # 25 Supplement Attachment 7 to MOL, # 26 Supplement Attachment 8 to MOL, # 27 Affidavit Certificate of Service) (Livolsi, Michael) (Entered: 06/11/2010) 1 Statement of Material Facts Statement of Material Facts View on PACER 2 Declaration Attorney Declaration of Michael J. Livolsi View on PACER 3 Exhibit(s) Exhibit A to Declaration View on PACER 4 Exhibit(s) Exhibit B to Declaration View on PACER 5 Exhibit(s) Exhibit C to Declaration View on PACER 6 Exhibit(s) Exhibit D to Declaration View on PACER 7 Exhibit(s) Exhibit E to Declaration View on PACER 8 Exhibit(s) Exhibit F to Declaration View on PACER 9 Exhibit(s) Exhibit G to Declaration View on PACER 10 Exhibit(s) Exhibit H to Declaration View on PACER 11 Exhibit(s) Exhibit I to Declaration View on PACER 12 Exhibit(s) Exhibit J to Declaration View on PACER 13 Exhibit(s) Exhibit K to Declaration View on PACER 14 Exhibit(s) Exhibit L to Declaration View on PACER 15 Exhibit(s) Exhibit M to Declaration View on PACER 16 Exhibit(s) Exhibit N to Declaration View on PACER 17 Exhibit(s) Exhibit O to Declaration View on PACER 18 Memorandum of Law Defendants' Memorandum of Law in Support of Defendants� View on PACER 19 Supplement Attachment 1 to MOL View on PACER 20 Supplement Attachment 2 to MOL View on PACER 21 Supplement Attachment 3 to MOL View on PACER 22 Supplement Attachment 4 to MOL View on PACER 23 Supplement Attachment 5 to MOL View on PACER 24 Supplement Attachment 6 to MOL View on PACER 25 Supplement Attachment 7 to MOL View on PACER 26 Supplement Attachment 8 to MOL View on PACER 27 Affidavit Certificate of Service View on PACER	June 11, 2010	PACER
	TEXT NOTICE of Hearing on # 56 Amended MOTION to Dismiss : Motion Hearing set for 7/15/2010 on submit before Judge Glenn T. Suddaby. No personal appearances.Response to Motion due by 6/28/2010. Reply to Response to Motion due by 7/6/2010. Counsel are directed to forward a courtesy copy of all motion papers in excess of 50 pages directly to chambers.(lmw)	June 16, 2010	PACER
57	Letter Motion from Plaintiffs for A.E.P., Charles Patrick Pratt requesting to file a response exceeding page limit submitted to Judge Suddaby. (Humann, Adam) (Entered: 06/18/2010)	June 18, 2010	PACER
	TEXT ORDER granting Plaintiff's # 57 Letter Request to file an oversized memorandum of law not to exceed 35 pages in length. Authorized by Judge Glenn T. Suddaby on 6/22/10. (lmw)	June 22, 2010	PACER
59	AFFIDAVIT in Opposition re 56 Amended MOTION to Dismiss (Declaration of Maura M. Klugman) filed by A.E.P., Charles Patrick Pratt. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Ude, Thomas) (Entered: 06/29/2010) 1 Exhibit(s) View on PACER 2 Exhibit(s) View on PACER	June 28, 2010	PACER
58	RESPONSE in Opposition re 56 Amended MOTION to Dismiss filed by A.E.P., Charles Patrick Pratt. (Attachments: # 1 Declaration, # 2 Affidavit, # 3 cert of service, # 4 Statement of Material Facts)(Ude, Thomas) (Entered: 06/28/2010) 1 Declaration View on PACER 2 Affidavit View on PACER 3 cert of service View on PACER 4 Statement of Material Facts View on PACER	June 28, 2010	PACER
61	Letter Motion from Michael J. Livolsi, Esq. for Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner requesting permission to file a Reply Memorandum of Law which is not to exceed twenty (20) pages, as well as the Courts permission to file a reply on or before July 13, 2010 submitted to Judge Hon. Glenn T. Suddaby. (Attachments: # 1 Affidavit Certificate of Service)(Livolsi, Michael) (Entered: 07/01/2010) 1 Affidavit Certificate of Service View on PACER	July 1, 2010	PACER
60	Letter Motion from Michael J. Livolsi, Esq. for Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner requesting permission to file a Reply Memorandum of Law which is not to exceed twenty (20) pages, as well as the Courts permission to file a reply on or before July 13, 2010 submitted to Judge Hon. Glenn T. Suddaby. (Livolsi, Michael) (Entered: 07/01/2010)	July 1, 2010	PACER
	TEXT ORDER granting Defendants' # 61 Letter Request for an extension of time to file a reply to the # 56 2nd motion to dismiss until 7/13/10 and granting Defendants' request to file an oversized reply brief not to exceed 20 pages in length. Authorized by Judge Glenn T. Suddaby on 7/2/10. (lmw)	July 2, 2010	PACER
	CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has terminated the # 60 Letter Motion requesting permission to file a Reply Memorandum of Law which is not to exceed twenty (20) pages, as well as the Courts permission to file a reply on or before July 13, 2010 filed by Michael Livolsi, Esq., as it was amended / supplemented by the # 61 Letter Motion. (jmb)	July 2, 2010	PACER
62	REPLY to Response to Motion re 56 Amended MOTION to Dismiss filed by Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner. (Attachments: # 1 Memorandum of Law Reply Memorandum of Law in Support of Defendants' Motion to Dismiss/Motion for Summary Judgment, # 2 Affidavit Certficate of Service)(Livolsi, Michael) (Entered: 07/13/2010) 1 Memorandum of Law Reply Memorandum of Law in Support of Defendants' Motion View on PACER 2 Affidavit Certficate of Service View on PACER	July 13, 2010	PACER
63	Letter Request / Letter Motion from attorney Michael J. Livolsi o/b/o Defendants for Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner requesting Permission to file a motion to amend Defendants' Answer to Plaintiffs' Amended Complaint submitted to Judge George H. Lowe. (Livolsi, Michael) (Entered: 07/16/2010)	July 16, 2010	PACER
	TEXT ORDER: The Court has reviewed Dkt. No. 63. The Defendants' motion papers are to be filed on or before July 28, 2010; Plaintiffs' opposition papers are to be filed on or before August 11, 2010. There will be no oral argument unless the Court so directs. SO ORDERED by Magistrate Judge George H. Lowe on 7/19/10. (rjb, )	July 19, 2010	PACER
64	First MOTION Requesting an Order permitting Defendants to amend their Answer to Plaintiffs' First Amended Complaint re 51 Answer to Complaint, Motion Hearing set for 9/2/2010 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 8/16/2010 filed by Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner. (Attachments: # 1 Declaration Atty. Declaration of Michael J. Livolsi, # 2 Exhibit(s) Ex. A to Declaration of M. J. Livolsi, # 3 Exhibit(s) Ex. B to Declaration of M. J. Livolsi, # 4 Exhibit(s) Ex. C to Declaration of M. J. Livolsi, # 5 Exhibit(s) Ex. D to Declaration of M. J. Livolsi, # 6 Exhibit(s) Ex. E to Declaration of M. J. Livolsi, # 7 Exhibit(s) Ex. F to Declaration of M. J. Livolsi, # 8 Exhibit(s) Ex. G to Declaration of M. J. Livolsi, # 9 Exhibit(s) Ex. H to Declaration of M. J. Livolsi, # 10 Supplement Certificate of Service) Motions referred to George H. Lowe. (Livolsi, Michael) (Entered: 07/28/2010) 1 Declaration Atty. Declaration of Michael J. Livolsi View on PACER 2 Exhibit(s) Ex. A to Declaration of M. J. Livolsi View on PACER 3 Exhibit(s) Ex. B to Declaration of M. J. Livolsi View on PACER 4 Exhibit(s) Ex. C to Declaration of M. J. Livolsi View on PACER 5 Exhibit(s) Ex. D to Declaration of M. J. Livolsi View on PACER 6 Exhibit(s) Ex. E to Declaration of M. J. Livolsi View on PACER 7 Exhibit(s) Ex. F to Declaration of M. J. Livolsi View on PACER 8 Exhibit(s) Ex. G to Declaration of M. J. Livolsi View on PACER 9 Exhibit(s) Ex. H to Declaration of M. J. Livolsi View on PACER 10 Supplement Certificate of Service View on PACER	July 28, 2010	PACER
	TEXT NOTICE: The 64 Motion to Amend the Answer will be heard by Magistrate Judge George H. Lowe on submission of the papers only. Judge Lowe will notify counsel if oral argument is necessary. (rjb, )	Aug. 2, 2010	PACER
65	REQUEST - STIPULATION -- Motion re 64 First MOTION Requesting an Order permitting Defendants to amend their Answer to Plaintiffs' First Amended Complaint re 51 Answer to Complaint,First MOTION Requesting an Order permitting Defendants to amend their Answer to Plaintiffs' First Amended Complaint re 51 Answer to Complaint,First MOTION Requesting an Order permitting Defendants to amend their Answer to Plaintiffs' First Amended Complaint re 51 Answer to Complaint,First MOTION Requesting an Order permitting Defendants to amend their Answer to Plaintiffs' First Amended Complaint re 51 Answer to Complaint,First MOTION Requesting an Order permitting Defendants to amend their Answer to Plaintiffs' First Amended Complaint re 51 Answer to Complaint, filed by A.E.P., Charles Patrick Pratt. (Attachments: # 1 Certificate of Service)(Ude, Thomas) Modified on 8/12/2010 to indicate Stipulation (mnm). (Entered: 08/11/2010) 1 Certificate of Service View on PACER	Aug. 11, 2010	PACER
66	NOTICE by Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner, of Removal of Counsel. (Miller, Frank) (Entered: 08/12/2010)	Aug. 12, 2010	PACER
68	MOTION for leave to participate as Amicus Curiae filed by William H. Pease on behalf of United States of America. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Pease, William) Modified on 8/16/2010 to reflect this as a pending motion. (lmw). (Entered: 08/13/2010) 1 Exhibit(s) View on RECAP 2 Exhibit(s) View on RECAP 3 Exhibit(s) View on RECAP 4 Exhibit(s) View on RECAP	Aug. 13, 2010	RECAP
67	ORDER granting 65 Letter Request, the amended answer is to be filed no later than August 20, 2010. Signed by Magistrate Judge George H. Lowe on 8/13/10. (rjb, ) (Entered: 08/13/2010)	Aug. 13, 2010	PACER
	TEXT NOTICE of Hearing on # 68 MOTION for Leave to participate as Amicus Curiae : Motion Hearing set for 9/16/2010 on submit before Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 8/30/2010. Reply to Response to Motion due by 9/7/2010. The # 30 motion to dismiss/SJ and the # 56 motion to dismiss are hereby stayed pending a decision on this motion.(lmw)	Aug. 16, 2010	PACER
69	Defendants' First Amended ANSWER to Complaint, i.e., Plaintiffs' First Amended Complaint, filed by Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner. (Attachments: # 1 Supplement Certificate of Service)(Miller, Frank) (Entered: 08/19/2010) 1 Supplement Certificate of Service View on PACER	Aug. 19, 2010	RECAP
70	LETTER BRIEF /Letter Response, with Exs. A & B, to Magistrate Judge George H. Lowe, in response to 68 Motion for Leave to Participate as Amicus Curiae. Letter Brief/Letter Response filed by Jay Brown, John Davis, Troy Decker, Kenda Gray, Patricia Henderson, Indian River Central School District, Indian River Central School District Board of Education, James Kettrick, Brian Moore, Amable Turner. (Attachments: # 1 Supplement Certificate of Service)(Miller, Frank) Modified on 8/31/2010 (amt). (Entered: 08/30/2010) 1 Supplement Certificate of Service View on PACER	Aug. 30, 2010	PACER
71	RESPONSE in Support re 68 MOTION for Leave to File --U.S. REPLY IN SUPPORT OF ITS MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE-- filed by United States of America. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement)(Pease, William) (Entered: 09/07/2010) 1 Supplement View on PACER 2 Supplement View on PACER 3 Supplement View on PACER 4 Supplement View on PACER 5 Supplement View on PACER	Sept. 7, 2010	PACER
72	MEMORANDUM, DECISION and ORDER - the United States motion to participate as amicus curiae 68 Motion for Leave to File is granted, and the government is directed to electronically file its brief which is currently attached at Exhibit B to its moving papers at 68 . Defendants may file a response in opposition to any arguments raised by the United States in its amicus brief, not to exceed five (5) pages in length, within fourteen (14) days of the date of this Decision and Order. Signed by Judge Glenn T. Suddaby on 12/6/10. (mnm) (Entered: 12/07/2010)	Dec. 6, 2010	PACER
73	NOTICE by A.E.P., Charles Patrick Pratt of Withdrawal of M. Kavey as Counsel (Ude, Thomas) (Entered: 12/17/2010)	Dec. 17, 2010	PACER
75	MEMORANDUM OF LAW re 68 Motion for Leave to File, District's Response to the United States' Memorandum as Amicus Curiae filed by Indian River Central School District. (Attachments: # 1 Supplement Certificate of Service)(Georgiady, Bryan) (Entered: 12/20/2010) 1 Supplement Certificate of Service View on PACER	Dec. 20, 2010	PACER
74	NOTICE of Appearance by Bryan N. Georgiady on behalf of Indian River Central School District (Georgiady, Bryan) (Entered: 12/20/2010)	Dec. 20, 2010	PACER
76	Amicus Curiae APPEARANCE entered by William H. Pease on behalf of United States of America. (Attachments: # 1 Exhibit(s))(Pease, William) (Entered: 01/03/2011) 1 Exhibit(s) View on PACER	Jan. 3, 2011	PACER
77	MEMORANDUM-DECISION AND ORDER granting in part and denying in part Defendants' 30 Motion for Summary Judgment and 56 Motion to Dismiss. Signed by Judge Glenn T. Suddaby on 3/28/2011. (amt) (Entered: 03/29/2011)	March 29, 2011	RECAP
	TEXT NOTICE of Hearing: Initial Conference set for 4/27/2011 at 11:00 AM before Magistrate Judge George H. Lowe; Civil Case Management Plan due by 4/20/2011. Plaintiff's attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN-PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference. (rjb, )	March 30, 2011	PACER
78	CIVIL CASE MANAGEMENT PLAN (Joint) by A.E.P., Charles Patrick Pratt. (Humann, Adam) (Entered: 04/20/2011)	April 20, 2011	PACER
	TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Initial Pretrial Conference held on 4/27/2011. Adam T. Humann, Esq and Alex Colod, Esq., for plaintiffs; Thomas W. Ude, Jr., Esq. for plaintiffs; Frank W. Miller, Esq. for defendants. Pretrial deadlines are established. A scheduling Order will be issued. Judge Lowe urges counsel to review draft protective order prior to discovery. (FTR Recorded) (ptm)	April 27, 2011	PACER
79	UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 8 Days. Preferred Trial Location: Syracuse. Joinder of Parties due by 6/1/2011. Amended Pleadings due by 6/1/2011. Discovery due by 2/27/2012. Motions to be filed by 4/27/2012. Trial Ready Deadline is 4/27/2012. Deadline for completion of mediation is 3/12/2012. A Status Telephone Conference is set for June 29, 2011 at 10:00AM beore Magistrate Judge George H. Lowe. Defendants' attorney is directed to initiate the call in accordance with the order. Signed by Magistrate Judge George H. Lowe on 5/6/2011. (ptm, ) (Entered: 05/06/2011)	May 6, 2011	PACER
80	NOTICE of Appearance by William F. Larkin on behalf of United States of America (Attachments: # 1 Certificate of Service)(Larkin, William) (Entered: 05/09/2011) 1 Certificate of Service View on PACER	May 9, 2011	PACER
81	MOTION for Limited Admission Pro Hac Vice of Alexandra P. Kolod (Fee is waived) filed by A.E.P., Charles Patrick Pratt. (Attachments: # 1 Verified Petition, # 2 Affidavit of Sponsor, # 3 Certificate of Good Standing, # 4 Registration Form, # 5 Proposed Order, # 6 Certificate of Service, # 7 Receipt for Motion Fee Payment) Motions referred to George H. Lowe. (Gorenberg, Hayley) (Entered: 05/10/2011) 1 Verified Petition View on PACER 2 Affidavit of Sponsor View on PACER 3 Certificate of Good Standing View on PACER 4 Registration Form View on PACER 5 Proposed Order View on PACER 6 Certificate of Service View on PACER 7 Receipt for Motion Fee Payment View on PACER	May 10, 2011	PACER
82	ORDER on Substitution of Attorney: re 80 Notice of Appearance filed by William F. Larkin, AUSA for United States of America. Signed by Magistrate Judge George H. Lowe on 5/11/2011. (ptm, ) (Entered: 05/11/2011)	May 11, 2011	PACER