Case: Tuyizere v. Utica City School District Board of Education

6:15-cv-00488 | U.S. District Court for the Northern District of New York

Filed Date: April 27, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

In early 2015, six refugees filed this class action lawsuit in U.S. District Court for the Northern District of New York (Judge David Hurd). The plaintiffs sued the Utica School District under the Declaratory Relief Act, 28 U.S.C. §§ 2201 and 2202, claiming violations of the Equal Educational Opportunities Act of 1974, 20 U.S.C § 1703; Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; New York Education Law § 3202(1); the Fourteenth Amendment Equal Protection C…

In early 2015, six refugees filed this class action lawsuit in U.S. District Court for the Northern District of New York (Judge David Hurd). The plaintiffs sued the Utica School District under the Declaratory Relief Act, 28 U.S.C. §§ 2201 and 2202, claiming violations of the Equal Educational Opportunities Act of 1974, 20 U.S.C § 1703; Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; New York Education Law § 3202(1); the Fourteenth Amendment Equal Protection Clause; the Fourteenth Amendment Due Process Clause; and the New York State Constitution’s Due Process Clause.

The plaintiffs, represented by the New York Civil Liberties Union, alleged that the defendants consistently denied Utica residents between the ages of 17 and 20 who were limited English proficient (LEP) and immigrants access to educational opportunity. Defendants diverted this largely refugee population to alternative education programs rather than allowing them to enroll at the only public high school in Utica. The alternative education programs provided either only English as a Second Language (ESL) classes or a combination of ESL and GED classes, both of which provided a substantially inferior education to normal high school courses. When students inquired as to the reason for the diversion, defendants indicated that the students were too old to enroll in the high school. In fact, under New York law, individuals have a right to attend high school until they reach age 21. The plaintiffs sued for declaratory and injunctive relief.

The case was litigated for several months, and after mandatory mediation did not result in a settlement, litigation continued until early 2016 when the parties commenced settlement negotiations.

On June 3, 2016, Judge Hurd ordered a consent decree stipulating the terms of the settlement between the parties. The terms included that the defendants were to provide any student between ages 17 and 20 with the opportunity to attend the public high school, while taking steps to overcome language barriers students may face. Defendants were to also train all Utica City School District employees on the enrollment process for LEP students, and take efforts to inform the community that all students between ages 17 and 20 can enroll at the public high school. The consent decree is set to expire on June 3, 2020.

While the case is still open in order to ensure enforcement of the consent decree, as of May 20, 2020 nothing further has happened.

Summary Authors

Virginia Weeks (9/29/2016)

Veronica Portillo Heap (11/11/2018)

Clearinghouse (10/2/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13241168/parties/tuyizere-v-utica-city-school-district-board-of-education/


Judge(s)

Dancks, Therese Wiley (New York)

Attorney for Plaintiff

Desgranges, Philip L. (New York)

Eisenberg, Arthur (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Alweis, Kenneth M. (New York)

Apter, Julie Pasquariello (New York)

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Documents in the Clearinghouse

Document

6:15-cv-00488

Docket [PACER]

Aug. 4, 2016

Aug. 4, 2016

Docket
6

6:15-cv-00488

Amended Class Action Complaint

April 27, 2015

April 27, 2015

Complaint
18

6:15-cv-00488

Third Party Complaint

May 19, 2015

May 19, 2015

Complaint
76

6:15-cv-00488

Consent Decree

June 3, 2016

June 3, 2016

Settlement Agreement
86

6:15-cv-00488

Stipulation and [Proposed] Order Concerning Attorneys' Fees and Costs

Aug. 4, 2016

Aug. 4, 2016

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13241168/tuyizere-v-utica-city-school-district-board-of-education/

Last updated Feb. 6, 2025, 2:26 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

April 23, 2015

April 23, 2015

PACER
3

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/22/2015 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/15/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER

Order

April 24, 2015

April 24, 2015

PACER

CLERK'S CORRECTION OF DOCKET ENTRY re 3 G.O. 25 Filing Order: Clerk changed the entry to state that the initial conference set for 7/22/2015 at 9:30 a.m. is by telephone not in Syracuse. (hmr)

April 24, 2015

April 24, 2015

PACER
5

TEXT ORDER : Court has reviewed docket. Clerk is directed to restrict the Complaint at Dkt. No. 1 and the Summonses issued at Dkt. No. 2 due to personal identifying information regarding a certain plaintiff. Plaintiff's attorney is directed to file an amended complaint, with proposed amended summonses accordingly, by 5/1/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/24/2015. (sg ) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER

***Answer due date updated for Bruce J. Karam answer due 5/14/2015; Utica City School District answer due 5/14/2015; Utica City School District Board of Education answer due 5/14/2015. (hmr)

April 24, 2015

April 24, 2015

PACER
6

AMENDED COMPLAINT against All Defendants filed by Cho Cho Win, Suk Maya Rai, Patrick Tuyizere, B. B-T, Ali Janar, Ado Lar. (Attachments: # 1 Proposed Amended Summons for Utica City School District Board of Education, # 2 Proposed Amended Summons for Utica City School District, # 3 Proposed Amended Summons for Bruce J. Karam)(Desgranges, Philip) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
7

Summons Issued as to Bruce J. Karam, Utica City School District and Utica City School District Board of Education. (Attachments: # 1 Summons Issued as to Utica City School District Board of Education, # 2 Summons Issued as to Utica City School District)(dpk) (Entered: 04/28/2015)

April 27, 2015

April 27, 2015

PACER
8

AFFIDAVIT of Service for Amended Summons and Amended Complaint served on Bruce Karam, Utica City School District and Utica City School District Board of Education on April 28, 2015, filed by Patrick Tuyizere. (Young, Samuel) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER

***Answer due date updated for Bruce J. Karam answer due 5/20/2015; Utica City School District answer due 5/20/2015; Utica City School District Board of Education answer due 5/20/2015. (dpk)

April 30, 2015

April 30, 2015

PACER
9

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting Initial Conference for Preliminary Injunction submitted to Judge Therese Wiley Dancks . (Desgranges, Philip) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
10

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting Initial Conference for Preliminary Injunction submitted to Judge Thomas J. McAvoy . (Desgranges, Philip) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
11

TEXT ORDER: Court has reviewed letter motion (Dkt. No. 9 ) regarding request to reschedule the Rule 16 Conference to an earlier date than the current date of 7/22/2015 (See Dkt. No. 3 ). Letter motion DENIED without prejudice at this time. Plaintiffs may renew their request once Defendants have been served and have filed a response to the Complaint. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/7/2015. (sg ) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

PACER

Order on Letter Request

May 7, 2015

May 7, 2015

PACER
12

Verified ANSWER to 6 Amended Complaint, by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Attachments: # 1 Affirmation)(Gerace, Donald) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
13

Amended Verified ANSWER to 1 Complaint, and Certificate of Service by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Attachments: # 1 Affirmation)(Gerace, Donald) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
14

Letter Motion from Donald R. Gerace, Esq., attorney for Named Defendants, for Bruce J. Karam, Utica City School District, Utica City School District Board of Education requesting filing Amended Verified Answer submitted to Judge McEvoy . (Gerace, Donald) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
15

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting Initial Conference for Preliminary Injunction submitted to Judge Therese Wiley Dancks . (Desgranges, Philip) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
16

TEXT ONLY ORDER granting Defts' 14 Letter Request to restrict access to defts' 12 answer based upon NDNY Local Rule 8.1; SO ORDERED - Authorized on 5/19/2015 by Sr. District Judge Thomas J. McAvoy (cml) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER

Order on Letter Request

May 19, 2015

May 19, 2015

PACER
17

Letter Motion from Donald R. Gerace, Esq. for Bruce J. Karam, Utica City School District, Utica City School District Board of Education requesting Responding to Plaintiff's Motion submitted to Judge Dancks . (Gerace, Donald) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
18

THIRD PARTY COMPLAINT against Mohawk Valley Resource Center for Refugees filed by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Gerace, Donald) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
19

Third-Party Summons Issued as to Mohawk Valley Resource Center for Refugees. (lah) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
20

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win submitted to Judge Therese Wiley Dancks in Response to Defendants' 5-19-2015 Letter (at Dkt. No. 17). (Desgranges, Philip) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
21

TEXT ORDER : Court has reviewed Plaintiffs' letter motion (Dkt. No. 15 ) regarding request to reschedule Rule 16 Conference to an earlier date than the current date of 7/22/2015 (see Dkt. No. 3), and further letter (Dkt. No. 20 ) of Plaintiffs' in support of their request. Court has also reviewed Defendants' letter motion (Dkt. No. 17 ) requesting Rule 16 Conference to remain as scheduled, and that no expedited discovery schedule be issued. Court also notes a Third Party Complaint (Dkt. No. 18) has been filed and a summons (Dkt. No. 19) has been issued in accordance with that Third Party Complaint. Letter motions are determined as follows: Dkt. Nos. 15 and 20 are denied without prejudice at this time. Plaintiffs may renew their request once the Third Party Defendant has been served and filed a response to the Third Party Complaint. Dkt. No. 17 is granted insofar as it seeks to have the Rule 16 conference remain as scheduled. Issues regarding an expedited discovery schedule will be addressed at the Rule 16 Conference, which remains scheduled for 7/22/2015 at the present time per Dkt. No. 3. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/21/2015. (sg ) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER

Order on Letter Request AND Order on Letter Request AND Order on Letter Request

May 21, 2015

May 21, 2015

PACER
22

AFFIDAVIT of Service for Summons and Third Party Complaint served on Mohawk Valley Resource Center for Refugees on May 21, 2015, filed by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Gerace, Donald) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER

***Answer due date updated for Mohawk Valley Resource Center for Refugees answer due 6/11/2015. (lah)

May 21, 2015

May 21, 2015

PACER
23

NOTICE of Appearance by Julie Pasquariello Apter on behalf of Mohawk Valley Resource Center for Refugees (Apter, Julie) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
24

NOTICE of Appearance by Kenneth M. Alweis on behalf of Mohawk Valley Resource Center for Refugees (Alweis, Kenneth) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
25

STIPULATION re 18 Third Party Complaint, Extension of Time to Answer by Mohawk Valley Resource Center for Refugees. (Apter, Julie) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
26

TEXT ORDER re: 25 Stipulation for extension : Answer due date updated for Third Party Defendant Mohawk Valley Resource Center for Refugees : answer to third party complaint due 6/26/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/9/2015. (sg ) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER

~Util - Set/Reset Answer Deadlines AND Order

June 9, 2015

June 9, 2015

PACER
27

ANSWER to 18 Third Party Complaint, by Mohawk Valley Resource Center for Refugees. (Attachments: # 1 Certificate of Service)(Apter, Julie) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
28

CIVIL CASE MANAGEMENT PLAN by B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win. (Desgranges, Philip) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 7/22/2015. Mandatory disclosures have been exchanged. First set of Rule 33 and 34 requests will be served by 8/21/2015. Plaintiffs' counsel requests to exceed the deposition limit allowed. Defendants' counsel believes this issue is premature. Judge defers this issue at this time. The schedule for class certification is deferred until the next telephone conference. Joinder deadline is set for 9/14/2015. Mandatory mediation deadline is set for 10/20/2015. Amendment deadline is set for 11/9/2015. The deadline for completion of fact discovery is set for 1/29/2016. Plaintiffs' expert report is due by 2/29/2016. Defendants & Third-Party Plaintiffs' expert report is due by 3/28/2016. Third-Party Defendants' expert report is due by 4/25/2016. Any rebuttal expert report is due by 4/29/2016. Completion of all discovery, including expert depositions, is due by 5/31/2016. Any discovery motions must be filed by 6/7/2016. Dispositive motions must be filed by 7/29/2016. This will be a non-jury trial that will last approximately 7 days in Albany. A trial ready deadline and trial date before Senior District Judge McAvoy will be set shortly. A follow-up status telephone conference will be set for some time in mid to late October. APP: Alexis Karteron, Esq., Philip Desgranges, Esq., Samuel Young, Esq., Susan Young, Esq., Adam Crowley, Esq., Donald Gerace, Esq., and Juli Pasquariello-Apter, Esq.. (FTR Recorded 9:30 AM - 10:20 AM). (sal, )

July 22, 2015

July 22, 2015

PACER
29

ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 8/20/2015. Deadline for completion of Mandatory Mediation is 10/20/2015. Signed by Magistrate Judge Therese Wiley Dancks on 7/23/15. (sal, ) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER

Set/Reset Hearings: A Telephone Conference is set for 10/23/2015 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. The conference will be conducted by telephone. Attorney Gerace is directed to initiate the call by using AT&T or other teleconferencing service and call Judge Dancks' chambers at 315-234-8618, a dedicated conference line which is not to be used for other purposes. (sal)

July 23, 2015

July 23, 2015

PACER
30

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of non-jury trial: 7 days. Preferred Trial Location: Albany. Joinder deadline is set for 9/14/2015. Mandatory mediation deadline is set for 10/20/2015. Amendment deadline is set for 11/9/2015. The deadline for completion of fact discovery is set for 1/29/2016. Plaintiffs' expert report is due by 2/29/2016. Defendants & Third-Party Plaintiffs' expert report is due by 3/28/2016. Third-Party Defendants' expert report is due by 4/25/2016. Any rebuttal expert report is due by 4/29/2016. Completion of all discovery, including expert depositions, is due by 5/31/2016. Any discovery motions must be filed by 6/7/2016. Dispositive motions must be filed by 7/29/2016. Trial Ready Deadline is 10/2/2016. Bench Trial set for 10/12/2016 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge Therese Wiley Dancks on 7/24/15. (sal, ) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
31

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Richard Pertz has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Philip Desgranges, Donald R. Gerace, Julie P. Apter and. Dated: August 7, 2015(Apter, Julie) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
32

MOTION for Extension of Time to Complete Discovery filed by Mohawk Valley Resource Center for Refugees. Motions referred to Therese Wiley Dancks. (Apter, Julie) Modified on 8/10/2015 (sg ). (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
33

TEXT ORDER granting 32 Letter Request for extension of mediation deadline. Deadline for completion of Mandatory Mediation is 11/2/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/7/2015. (sg) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER

Order on Letter Request

Aug. 10, 2015

Aug. 10, 2015

PACER
34

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting that the Court enter the proposed protective order submitted to Judge Therese Wiley Dancks . (Attachments: # 1 Proposed Order/Judgment Proposed Protective Order Regarding Confidential Materials, # 2 Exhibit(s) Letter Desgranges to Don Gerace Regarding Proposed Protective Order)(Desgranges, Philip) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
35

STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL MATERIALS. Signed by Magistrate Judge Therese Wiley Dancks on 9/21/2015. (sg) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
36

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting that the Court direct defendants' counsel to meet and confer with plaintiffs' counsel regarding plaintiffs' discovery concerns. submitted to Judge Dancks . (Attachments: # 1 Exhibit(s) Exhibit A)(Desgranges, Philip) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
37

TEXT ORDER : Court has reviewed letter motion (Dkt. No. 36 ). Court will address the motion at the telephone conference on 10/23/2015. Defendants' counsel should be prepared to discuss the issues raised in Dkt. No. 36. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/22/2015. (sg) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER

Order

Oct. 22, 2015

Oct. 22, 2015

PACER

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 10/23/2015. Appearances: Alexis Karteron, Esq., Philip Desgranges, Esq., Sam Thypyn-Berneo, Samuel Young, Esq. and Susan Young, Esq. for Plaintiffs; Donald Gerace, Esq. for Defendants; and Juli Pasquariello, Esq. for third party Defendant. Court inquires on status of discovery, discusses Dkt. 36 . Defendant to serve Rule 33 and 34 requests by 10/23/2015. Court reviews Dkt. [36-1] and hears from all counsel re: issues raised in Dkt. [36-1]. Plaintiffs letter motion (Dkt. No. 36 ) is granted as follows: Defendant to serve corrected and/or updated responses to Plaintiffs discovery demands by 10/29/2015; Defendant to provide amended answers to Plaintiffs Interrogatories which are to be complete and shall clarify previous answers by 10/29/2015. Defendant to provide clarification of Defendants Rule 26 disclosures, as requested by Plaintiffs in Dkt. [36-1], by 10/29/2015. A separate text order will be issued as to these rulings. Court discusses Request No. 15 of Dkt. No. [36-1]. Counsel are to meet and confer to work out the issues of a proposed confidentiality stipulation and order, and submit to the Court. Attorney Desgranges to file status report re: the confidentiality stipulation and order by 11/16/2015. Another telephone status conference will be set for mid-December. Judge Dancks reminds counsel to follow the Local Rules of the Northern District of New York with respect to communicating with each other on discovery issues that arise, and encourages parties to schedule depositions if the case does not settle at mediation. (FTR Recorded: 11:06AM-12:08PM) (sg)

Oct. 23, 2015

Oct. 23, 2015

PACER
38

TEXT ORDER : Based upon directives issued on the record during the 10/23/2015 Telephone Conference, it is hereby: ORDERED, that Plaintiff's letter motion (Dkt. No. 36 ) is granted as follows: Defendant to serve corrected and/or updated responses to Plaintiffs discovery demands by 10/29/2015; Defendant to provide amended answers to Plaintiffs Interrogatories which are to be complete and shall clarify previous answers by 10/29/2015. Defendant to provide clarification of Defendants Rule 26 disclosures, as requested by Plaintiffs in Dkt. [36-1], by 10/29/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/23/2015. (sg) (Entered: 11/02/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER

Order on Letter Request

Nov. 2, 2015

Nov. 2, 2015

PACER

TEXT NOTICE OF TELEPHONE CONFERENCE: Telephone Status Conference has been set for 12/14/2015 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Attorney Gerace is directed to initiate the call using AT&T or other teleconferencing service, and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all parties are on the line. (sg)

Nov. 2, 2015

Nov. 2, 2015

PACER
39

STATUS REPORT Required by the Court's November 2nd Text Minute Entry by B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win. (Desgranges, Philip) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
40

REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on November 2, 2015. Total Hours Spent by Mediator: 3; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Pertz, Richard) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER

ADR COMPLETED - Did not settle. (jlm)

Nov. 23, 2015

Nov. 23, 2015

PACER

TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 1/28/2016 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiffs' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)

Nov. 24, 2015

Nov. 24, 2015

PACER

TEXT NOTICE : In light of the Telephone Conference set for 1/28/2016, the conference previously scheduled for 12/14/2015 is OFF. (sg)

Nov. 24, 2015

Nov. 24, 2015

PACER
41

Letter Motion from Donald R. Gerace, Esq. for Bruce J. Karam, Bruce J. Karam, Utica City School District, Utica City School District, Utica City School District Board of Education, Utica City School District Board of Education requesting Adjournment of 1/28/2016 Telephone Status Conference submitted to Judge Dancks . (Gerace, Donald) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
42

Letter Motion from Desgranges to Judge Dancks Regarding Mr. Gerace's Request for Adjournment for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting That the Status Conference Not Take Place on February 1 or 2 submitted to Judge Dancks . (Desgranges, Philip) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
43

TEXT ORDER granting 41 Letter Request for rescheduling of the next scheduled telephone conference. Court has received Plaintiff's letter at Dkt. 42 which does not oppose Defendants' request. Therefore, it is SO ORDERED, that the Telephone Status Conference originally set for 1/28/2015 has been RESCHEDULED for 2/3/2016 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiffs' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/4/2015. (sg) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER

Order on Letter Request AND Order on Letter Request

Dec. 7, 2015

Dec. 7, 2015

PACER
44

ORDER REASSIGNING CASE. Case reassigned to Judge David N. Hurd for all further proceedings. Senior Judge Thomas J. McAvoy no longer assigned to case. Signed by Senior Judge Thomas J. McAvoy on 12/16/2015. (dpk) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
45

Letter Motion from Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting that the Court enter the attached Proposed Protective Order submitted to Judge Dancks . (Attachments: # 1 Exhibit(s) Proposed Protective Order)(Desgranges, Philip) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER

TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Conference has been set for 12/21/2015 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Parties should be prepared to discuss Dkt. 45 - proposed Protective Order. Plaintiffs' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)

Dec. 18, 2015

Dec. 18, 2015

PACER

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 12/21/2015. Appearances: Philip Desgranges, Esq. for Plaintiffs; Samuel Young, Esq., Susan Young, Esq., Donald Gerace, Esq. for Defendants; Julie Pasquariello Apter, Esq. for Third Party Defendant. Court discusses Dkt. 45 - proposed order re: information on records of other students. Court discusses revisions that must be made to the proposed order. Court advises that third party defendant must stipulate to the order as well. Counsel to re-submit the proposed order for Court review and approval. (FTR Recorded: 11:11AM-11:31AM) (sg)

Dec. 21, 2015

Dec. 21, 2015

PACER
46

Letter Motion from Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting that the Court enter the attached Proposed Protective Order submitted to Judge Dancks . (Attachments: # 1 Exhibit(s) Proposed Protective Order)(Desgranges, Philip) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER

TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 3/1/2016 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Attorney Gerace is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)

Dec. 28, 2015

Dec. 28, 2015

PACER
47

STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL EDUCATION RECORDS. Signed by Magistrate Judge Therese Wiley Dancks on 1/4/2016. (sg) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER

Status Report Order

Jan. 5, 2016

Jan. 5, 2016

PACER
48

TEXT STATUS REPORT ORDER: It is ORDERED, that Attorney Gerace shall file a status report by 2/5/2016 setting forth the date(s) notices were sent pursuant to Dkt. No. 47 at paragraph 7. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/5/2016. (sg) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
49

STATUS REPORT/AFFIDAVIT of Service By Mail by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Gerace, Donald) Modified on 1/20/2016 (sg). (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
50

TEXT ORDER: In light of the Telephone Conference scheduled for 3/1/2016 at 10:30AM, the Telephone Conference set for 2/3/2016 is CANCELLED. The 3/1/2016 call shall be made per the directive in the 12/28/2015 Text Notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/27/2016. (sg) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER

Order

Jan. 27, 2016

Jan. 27, 2016

PACER
51

Letter Motion from Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting that the Court enter the attached Proposed Order submitted to Judge Dancks . (Attachments: # 1 Exhibit(s) Stipulation and Proposed Order to Extend Discovery Deadlines)(Desgranges, Philip) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
52

Letter Motion from Donald R. Gerace, Esq. for Bruce J. Karam, Utica City School District, Utica City School District Board of Education requesting rescheduling telephone conference submitted to Judge Dancks . (Gerace, Donald) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER

Order on Letter Request

Jan. 29, 2016

Jan. 29, 2016

PACER
53

TEXT ORDER granting 51 Letter Request and approving stipulation extending deadlines as follows: All fact discovery due 7/29/2016. Plaintiffs' expert disclosure due 9/1/2016. Defendants' and Third Party Plaintiff's expert disclosure due 10/3/2016. Third Party Defendant's expert disclosure due 11/1/2016. Rebuttal due 11/21/2016. All Discovery including expert depositions to be completed by 12/19/2016. Discovery motions due 1/9/2017. In light of case being reassigned to District Judge Hurd, the trial date will be reset by Judge Hurd at a future time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/2016.(sg) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
54

TEXT ORDER granting 52 Letter Request to reschedule telephone conference. The telephone conference set for 3/1/2016 has been RESCHEDULED for 2/22/2016 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Attorney Gerace is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/29/2016. (sg) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER

Order on Letter Request

Feb. 1, 2016

Feb. 1, 2016

PACER
55

STATUS REPORT by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Gerace, Donald) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
56

Letter Motion from Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting to join the Rule 16 conference in case No. 15-cv-1364 submitted to Judge Dancks . (Desgranges, Philip) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
57

TEXT ORDER : Defendant to file response to letter request (Dkt. No. 56 ) setting forth reasons for objections to request regarding participation in Rule 16 Conference in related case (15-CV-1364) by 4:00PM on 2/12/2016.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/11/2016. (sg) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER

Order

Feb. 12, 2016

Feb. 12, 2016

PACER
58

Letter Motion from Donald R. Gerace, Esq. for Bruce J. Karam, Utica City School District, Utica City School District Board of Education requesting Objecting to Plaintiffs participation in the Rule 16 conference submitted to Judge Dancks . (Gerace, Donald) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
59

Letter Motion from Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting responding to Mr. Gerace's letter from this afternoon submitted to Judge Dancks . (Desgranges, Philip) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
60

TEXT ORDER : Court has reviewed letter motions (Dkt. Nos. 56, 58, and 59 ) regarding request to participate in Rule 16 conference of related case 15-CV-1364 and objections to same. Plaintiffs' request to participate in Rule 16 conference of related case denied without prejudice to request that the Court consider joint conferences in the future. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/16/2016. (sg) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER

Order on Letter Request AND Order on Letter Request AND Order on Letter Request

Feb. 16, 2016

Feb. 16, 2016

PACER
61

Letter Motion from Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting regarding upcoming status conference submitted to Judge Dancks . (Desgranges, Philip) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER

Order on Letter Request

Feb. 22, 2016

Feb. 22, 2016

PACER

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 2/22/2016. Appearances: Alexis Karteron, Esq., Philip Desgranges, Esq., Susan Young, Esq. for Plaintiffs; Donald Gerace, Esq. for Defendants; Julie Pasquariello Apter, Esq. for Third Party Defendant. Court discusses Dkt. 61. After hearing from the parties on the issues raised in the letter, Judge Dancks denies Dkt. 61 without prejudice to renew requests. A separate Text Order will be issued. Court inquires on status of discovery. Defendants to serve Rule 33 and 34 Requests on all parties by 2/26/2016. Review of the school records as agreed among the parties, with the exception of those who objected, to be completed by 3/31/2016. Attorney Desgranges is to file a status report by 2/29/2016 advising the Court of the date(s) of the inspection. Counsel request a settlement conference with the Court. Settlement conference scheduled, a separate text notice will be issued setting the date and time. This is an in-person settlement conference, as discussed during this conference. Should any party attending the settlement conference require an interpreter, the Court advises that counsel must engage their own interpreters. (FTR Recorded: 11:09AM-11:47AM) (sg)

Feb. 22, 2016

Feb. 22, 2016

PACER
62

TEXT ORDER as to 61 Letter Request: After hearing from the parties at the 2/22/2016 Telephone Conference with respect to Dkt. 61, and consideration of the submission at Dkt. 61, the Court DENIES plaintiff's request to review records of those individuals who submitted an objection, without prejudice; and further DENIES plaintiff's request to take more than 10 depositions, without prejudice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/22/2016. (sg) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
63

TEXT NOTICE OF SETTLEMENT CONFERENCE: An IN PERSON settlement conference has been scheduled for Thursday, March 24, 2016 at 1:00PM in Syracuse with Magistrate Judge Therese Wiley Dancks. The parties will meet in Chambers, located on the 3rd floor, James M Hanley Federal Building, 100 South Clinton Street, Syracuse, New York. Parties must appear in person. The attached Confidential Settlement Statement must be completed and received by Judge Wiley Dancks no later than Thursday, March 17, 2016. The settlement statement MUST NOT be electronically filed with the Court. The statement may be emailed to the Judge's Courtroom Deputy Clerk at suzanne_gunter@nynd.uscourts.gov, an email address provided solely for this purpose. (sg) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
64

STATUS REPORT advising the Court of the dates for inspecting the student records permitted by the Court's orders by B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win. (Desgranges, Philip) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Settlement Conference held on 3/24/2016 in Syracuse, New York. Appearances: Alexis Karteron, Esq., Philip Desgranges, Esq., Samuel Young, Esq. and Susan Young, Esq. for Plaintiffs; Donald Gerace, Esq. with Elizabeth Paul for Defendants; Julie Apter, Esq. with Shelly Callahan and Tracy Davis for Third Party Defendant. Parties have come to an agreement, subject to finalization of the settlement language and approval of Defendant Board of Education. Plaintiffs to submit a proposed settlement agreement to the Defendant by 4/15/2016. Attorney Gerace to file status report on settlement agreement and whether it has been finalized by 4/22/2016. Discovery in the case is stayed at this time. (Court Reporter (Jodi Hibbard ) (sg)

March 24, 2016

March 24, 2016

PACER

TEXT NOTICE OF STATUS REPORT DEADLINE: Attorney Gerace to file status report on setlement by 4/22/2016 per 3/24/2016 Text Minute Entry. (sg)

March 25, 2016

March 25, 2016

PACER
65

Status Report from Donald R. Gerace, Esq. for Bruce J. Karam, Utica City School District, Utica City School District Board of Education requesting Status Update submitted to Judge Wiley Dancks . (Gerace, Donald) Modified on 4/22/2016 (sg). (Entered: 04/22/2016)

April 22, 2016

April 22, 2016

PACER
66

TEXT ORDER: Court has reviewed status report (Dkt. No. 65 ). Parties to file Notice of Dismissal by 4/29/2016 or Defendant to file further status report on settlement by 4/29/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/25/2016. (sg) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER

Status Report Order

April 25, 2016

April 25, 2016

PACER
67

STATUS REPORT by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Gerace, Donald) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
68

TEXT ORDER: The Court has reviewed the Status Report (Dkt. No. 67 ). Plaintiff to file stipulation of dismissal or status report on settlement by 5/9/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/2/2016. (sg) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Refugees living in Utica, NY between the ages of 17 and 21

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Utica School District Board of Education (Utica), School District

Utica City School District (Utica), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Required disclosure

Training

Amount Defendant Pays: 79000

Order Duration: 2016 - 2020

Issues