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

Clearinghouse coding complete

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 Lamb…

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.

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)

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

State / Territory: New York

Case Type(s):

Education

Key Dates

Filing Date: April 8, 2009

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

students

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Indian River Central School District, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Hire

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Monitor/Master

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Communication skills

Failure to discipline

Failure to train

Gay/lesbian/transgender

Record-keeping

Records Disclosure

Staff (number, training, qualifications, wages)

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientatation

Affected Gender:

Male

Type of Facility:

Government-run