Case: V.W. v. Conway

COMPLAINT against Kevin M. Brisson, Eugene Conway, Esteban Gonzalez, Syracuse City School District (Filing fee $400 receipt number 0206-3795452) filed by J. P., C. I., R. C., M. R., V. W., F. K.. (Attachments: # 1 Civil Cover Sheet)(alh, ) (Entered: 09/21/2016)

1 Civil Cover Sheet

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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/1/2016 11:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/25/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (alh, ) (Entered: 09/21/2016)

Summons Issued as to Kevin M. Brisson, Eugene Conway, Esteban Gonzalez, Syracuse City School District. (Attachments: # 1 Brisson, # 2 Gonzalez, # 3 Syracuse City School District)(alh, ) (Entered: 09/21/2016)

CERTIFICATE OF SERVICE by V. W. re 1 Complaint (Attachments: # 1 Affidavit service on defendants)(Young, Susan) (Entered: 09/23/2016)

1 Affidavit service on defendants

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MOTION to Certify Class and Subclass by Plaintiffs. Motion Hearing set for 10/28/2016 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 10/11/2016 Reply to Response to Motion due by 10/17/2016. filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Memorandum of Law in support of Class Certification, # 2 Declaration of Dr. Louis Kraus in support of Plaintiffs' Mtn for Class Certification, with Exhibits A-G attached, # 3 Declaration of Joshua Cotter, Esq. in support of Pltfs' Motion for class certification, # 4 Exhibit(s) Exs. 1-13 for Cotter Decl., # 5 Exhibit(s) Exs. 14-18 of Cotter Declaration, # 6 Exhibit(s) Exs. 19-28 of Cotter Declaration, # 7 Exhibit(s) Ex. 29 of Cotter Declaration, # 8 Exhibit(s) Exs. 30-37 of Cotter Declaration, # 9 Exhibit(s) Exs. 38-39 of Cotter Declaration, # 10 Declaration of Michelle Shames in support of Pltfs' Mtn for Class Certification, # 11 Declaration of Emily NaPier in support of Pltfs Mtn for Class Certification) (Hirose, Mariko) (Entered: 09/23/2016)

1 Memorandum of Law in support of Class Certification

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2 Declaration of Dr. Louis Kraus in support of Plaintiffs' Mtn for Class Cert

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3 Declaration of Joshua Cotter, Esq. in support of Pltfs' Motion for class ce

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4 Exhibit(s) Exs. 1-13 for Cotter Decl.

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5 Exhibit(s) Exs. 14-18 of Cotter Declaration

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6 Exhibit(s) Exs. 19-28 of Cotter Declaration

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7 Exhibit(s) Ex. 29 of Cotter Declaration

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8 Exhibit(s) Exs. 30-37 of Cotter Declaration

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9 Exhibit(s) Exs. 38-39 of Cotter Declaration

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10 Declaration of Michelle Shames in support of Pltfs' Mtn for Class Certifica

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11 Declaration of Emily NaPier in support of Pltfs Mtn for Class Certification

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CERTIFICATE OF SERVICE by R. C., C. I., F. K., J. P., M. R., V. W. re 5 MOTION to Certify Class and Subclass by Plaintiffs. Certification of Service by Maria Rafael (Hirose, Mariko) (Entered: 09/23/2016)

NOTICE of Appearance by Kathleen M. Dougherty on behalf of Kevin M. Brisson, Eugene Conway, Esteban Gonzalez (Dougherty, Kathleen) (Entered: 09/28/2016)

AFFIDAVIT of Service for motion to certify class action, memo of law and exhibits served on Eileen Steinhardt, District Clerk on 9/27/2016, filed by V. W.. (Young, Susan) (Entered: 09/28/2016)

NOTICE of Appearance by Kate I. Reid on behalf of Syracuse City School District (Reid, Kate) (Entered: 09/29/2016)

NOTICE of Appearance by Jonathan B. Fellows on behalf of Syracuse City School District (Fellows, Jonathan) (Entered: 09/29/2016)

Letter Motion from Samuel Young for V. W. requesting Conference with the Court to Discuss Filing Preliminary Injunction Motion submitted to Judge Hurd . (Young, Samuel) (Entered: 09/30/2016)

NOTICE of Appearance by Mariana L. Kovel on behalf of All Plaintiffs (Kovel, Mariana) (Main Document 12 replaced on 10/11/2016) (alh, ). (Entered: 10/11/2016)

Order on Letter Request AND Order on Letter Request

CLERK'S CORRECTION OF DOCKET ENTRY re 12 Notice of Appearance: Clerk has replaced the image with the correct notice. (alh, )

Letter Motion from Kate I. Reid for Syracuse City School District requesting Adjournment of Motion Hearing submitted to Judge Hon. David N. Hurn . (Reid, Kate) (Entered: 10/11/2016)

Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an adjournment of Plaintiff's motion for class certification submitted to Judge Hurd . (Dougherty, Kathleen) (Entered: 10/11/2016)

TEXT ORDER ON CLASS CERTIFICATION MOTION - TO BE TAKEN ON SUBMIT AS OF November 25, 2016 : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ: 13 Letter Motion from Kate I. Reid,Esq. for Syracuse City School District requesting an adjournment and 14 Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an adjournment of Plaintiff's motion for class certification are GRANTED and 5 MOTION to Certify Class and Subclass by Plaintiffs shall now to be taken ON SUBMITTED PAPERS ONLY before Judge David N. Hurd with no appearances by either party required or allowed. Written opinion shall follow. Responses to the motion is due by 12:00pm on November 10, 2016. A reply, if any, to the response to the motion is due by, at 12:00pm on November 17, 2016 and the motion shall be returnable and deemed submitted as of November 25, 2016. So Ordered by Judge David N. Hurd on 10/11/2016. (Entered: 10/11/2016)

ANSWER to Complaint by Syracuse City School District.(Reid, Kate) (Entered: 10/13/2016)

Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an extension of time to file an answer to Complaint submitted to Judge Peebles . (Dougherty, Kathleen) (Entered: 10/14/2016)

TEXT ORDER granting 17 Letter Request for an extension of time for defendants Kevin M. Brisson, Eugene Conway, and Esteban Gonzalez to answer plaintiff's complaint on or before 11/10/2016. Authorized by Magistrate Judge David E. Peebles on 10/17/16. (sal) (Entered: 10/17/2016)

Order on Letter Request

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Discuss an Expedited Discovery Schedule for Plaintiffs' Preliminary Injunction Motion submitted to Judge Peebles . (Attachments: # 1 Exhibit(s) Ex. A., list of requested discovery)(Desgranges, Philip) (Entered: 10/24/2016)

1 Exhibit(s) Ex. A., list of requested discovery

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RESPONSE in Opposition re 19 Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Discuss an Expedited Discovery Schedule for Plaintiffs' Preliminary Injunction Motion submitted to Judge Peebles filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Errata A)(Dougherty, Kathleen) (Entered: 10/25/2016)

Order on Letter Request

TEXT ORDER granting 19 Letter Request for a Telephone Conference, which is set for 10/28/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide the court and all counsel with a call-in number and passcode for this conference call. Authorized by Magistrate Judge David E. Peebles on 10/25/16. (sal ) (Entered: 10/25/2016)

NOTICE of Appearance by Aadhithi Padmanabhan on behalf of All Plaintiffs (Padmanabhan, Aadhithi) (Entered: 10/25/2016)

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court cancel this afternoon's conference submitted to Judge Peebles . (Attachments: # 1 Exhibit(s) Ex. A, discovery the Sheriff's Office has agreed to provide plaintiffs, # 2 Exhibit(s) Ex. B, discovery the SCSD has agreed to provide plaintiffs)(Desgranges, Philip) (Entered: 10/28/2016)

Order on Letter Request

TEXT ORDER granting 23 Letter Request. Since the parties have resolved their discovery dispute, the telephone conference set for today, 10/28/2016, at 3:30 PM is cancelled. Authorized by Magistrate Judge David E. Peebles on 10/28/16. (sal ) (Entered: 10/28/2016)

MOTION for Limited Admission Pro Hac Vice of Aimee Krause Stewart Filing fee $100, receipt number 0206-3839086. filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Exhibit(s) Petition for Admission, # 2 Exhibit(s) Certificate of Good Standing, # 3 Affidavit Affidavit of Philip Desgranges, # 4 Exhibit(s) Oath on Admission, # 5 Exhibit(s) E-Filing Registration, # 6 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Desgranges, Philip) (Entered: 11/02/2016)

TEXT ORDER granting 25 Motion for Limited Admission Pro Hac Vice of Aimee Krause Stewart, Esq. for plaintiffs R. C., C. I., F. K., J. P., M. R., V. W.. Authorized by Magistrate Judge David E. Peebles on 11/4/2016. (sal ) (Entered: 11/04/2016)

Order on Motion for Limited Admission Pro Hac Vice

NOTICE of Appearance by Aimee Krause Stewart on behalf of All Plaintiffs (Stewart, Aimee) (Entered: 11/07/2016)

MOTION for Summary Judgment of Defendant Syracuse City School District Motion Hearing set for 12/23/2016 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 12/6/2016 Reply to Response to Motion due by 12/12/2016. filed by Syracuse City School District. (Attachments: # 1 Statement of Material Facts, # 2 Declaration, # 3 Declaration, # 4 Exhibit(s) Exhibit 1 to Declaration of John A. Dittmann, Jr., # 5 Declaration) (Reid, Kate) (Entered: 11/10/2016)

ANSWER to 1 Complaint by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez.(Dougherty, Kathleen) (Entered: 11/10/2016)

MEMORANDUM OF LAW re 28 Motion for Summary Judgment, 5 Motion to Certify Class,,,, filed by Syracuse City School District. (Reid, Kate) (Entered: 11/10/2016)

CERTIFICATE OF SERVICE by Syracuse City School District re 28 MOTION for Summary Judgment of Defendant Syracuse City School District, 30 Memorandum of Law (Reid, Kate) (Entered: 11/10/2016)

CERTIFICATE OF SERVICE by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez re 29 Answer to Complaint (Dougherty, Kathleen) (Entered: 11/10/2016)

TEXT ORDER : Due to the pending motions to 5 certify class and for 28 summary judgment, the in person Initial Conference set for 12/1/2016 at 11:00 AM in Syracuse is adjourned without date. The deadline for exchanging mandatory disclosures and filing a Civil Case Management Plan is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 11/15/2016. (sal) (Entered: 11/15/2016)

Order

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Seek Relief for the Sheriff's Office Defendants' Failure to Produce All Expedited Discovery submitted to Judge Peebles . (Attachments: # 1 Exhibit(s) Ex. A, 10-24-16 Letter to Magistrate Judge Peebles, # 2 Exhibit(s) Ex. B, 10-28-16 Letter to Magistrate Judge Peebles, # 3 Exhibit(s) Ex. C, Outstanding Expedited Discovery List)(Desgranges, Philip) (Entered: 11/15/2016)

TEXT ORDER granting 34 Letter Request. A Telephone Conference is set for 11/18/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide the court and all counsel with a call-in number and passcode. Authorized by Magistrate Judge David E. Peebles on 11/16/2016. (sal) (Entered: 11/16/2016)

Order on Letter Request

RESPONSE to Motion re 34 Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Conference with the Court to Seek Relief for the Sheriff's Office Defendants' Failure to Produce All Expedited Discovery submitted to Judge Peeb filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Dougherty, Kathleen) (Entered: 11/16/2016)

REPLY to Response to Motion re 5 MOTION to Certify Class and Subclass by Plaintiffs. Request for permission to file Reply filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Kovel, Mariana) (Entered: 11/17/2016)

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 11/18/2016. After discussing with counsel the issues raised in plaintiffs' 34 letter motion and defendants' 36 response, counsel for the County defendants will provide discovery documents to the plaintiffs, at the latest, by November 30th. Plaintiffs anticipate filing a motion for a preliminary injunction within the next couple of weeks once they receive all of the discovery documents. Magistrate Judge Peebles directs the parties to confer and hold a Rule 26(f) meeting within twenty-one days of today's date. The County defendants intend to file a motion for summary judgment. APP: Phillip Desgranges, Esq., Samuel Young, Esq., Susan Young, Esq., Kathleen Dougherty, Esq., and Jonathan Fellows, Esq.. (sal )

TEXT ORDER : The parties are directed to confer and hold a Rule 26(f) meeting within twenty-one days of today's date. Once accomplished, a discovery plan must be filed with the court. Authorized by Magistrate Judge David E. Peebles on 11/18/2016. (sal) (Entered: 11/21/2016)

Order

Letter Motion from Plaintiffs' counsel for V. W. requesting extension to file response to motion for summary judgment submitted to Judge Hurd . (Young, Susan) (Entered: 12/05/2016)

TEXT ORDER granting 39 Letter Motion from Plaintiffs' counsel for V. W. requesting extension to file response to 28 MOTION for Summary Judgment of Defendant Syracuse City School District. Plaintiffs' Response to Motion due by 12/13/2016 and Defendants' Reply to Response to Motion due by 12/19/2016. So Ordered by Judge David N. Hurd on 12/6/2016. (ptm) (Entered: 12/06/2016)

Order on Letter Request

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Page Enlargement for Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction submitted to Judge Hurd . (Desgranges, Philip) (Entered: 12/13/2016)

RESPONSE to Motion re 28 MOTION for Summary Judgment of Defendant Syracuse City School District filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Declaration of Plaintiffs' Counsel Joshua Cotter Pursuant to Fed. R. Civ. Proc. 56(d), # 2 Declaration of Plaintiffs' Counsel Susan Young in Opposition to Summary Judgment, # 3 Exhibit(s) Exs. 1-6 of Young Decl., # 4 Exhibit(s) Exs. 7-8 of Young Decl., # 5 Exhibit(s) Exs. 9-10 of Young Decl., # 6 Declaration of Dr. Louis Kraus in Opposition to Summary Judgment, # 7 Declaration of Michlle Shames in Opposition to Summary Judgment, # 8 Statement of Material Facts)(Cotter, Joshua) (Entered: 12/13/2016)

1 Declaration of Plaintiffs' Counsel Joshua Cotter Pursuant to Fed. R. Civ. P

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2 Declaration of Plaintiffs' Counsel Susan Young in Opposition to Summary Jud

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3 Exhibit(s) Exs. 1-6 of Young Decl.

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4 Exhibit(s) Exs. 7-8 of Young Decl.

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5 Exhibit(s) Exs. 9-10 of Young Decl.

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6 Declaration of Dr. Louis Kraus in Opposition to Summary Judgment

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7 Declaration of Michlle Shames in Opposition to Summary Judgment

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8 Statement of Material Facts

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CERTIFICATE OF SERVICE by R. C., C. I., F. K., J. P., M. R. re 42 Response to Motion,, (Cotter, Joshua) (Entered: 12/13/2016)

TEXT ORDER: Denying 41 Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Page Enlargement for Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction. Signed by Judge David N. Hurd on 12/16/2016. (ptm) (Entered: 12/16/2016)

RESPONSE in Support re 28 MOTION for Summary Judgment of Defendant Syracuse City School District filed by Syracuse City School District. (Attachments: # 1 DECLARATION OF KATE I. REID IN SUPPORT OF SYRACUSE CITY SCHOOL DISTRICT'S MOTION FOR SUMMARY JUDGMENT)(Reid, Kate) (Entered: 12/19/2016)

1 DECLARATION OF KATE I. REID IN SUPPORT OF SYRACUSE CITY SCHOOL DISTRICT'S

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TEXT NOTICE ON MOTION TAKEN ON SUBMIT : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ: Re: 28 MOTION for Summary Judgment of Defendant Syracuse City School District. All necessary papers having been received by the Court this motion, returnable on December 23, 2016, is hereby taken ON SUBMITTED PAPERS ONLY, With no appearances by either party required or allowed. Written opinion to follow. (ptm)

MOTION for Preliminary Injunction Motion Hearing set for 1/27/2017 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 1/10/2017 Reply to Response to Motion due by 1/17/2017. filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Declaration of Attorney Philip Desgranges in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit(s) A-G for Desgranges Declaration, # 3 Exhibit(s) H for Desgranges Declaration (Part 1 of 2), # 4 Exhibit(s) H for Desgranges Declaration (Part 2 of 2), # 5 Exhibit(s) I for Desgranges Declaration, # 6 Exhibit(s) J-N for Desgranges Declaration, # 7 Exhibit(s) O-S for Desgranges Declaration, # 8 Exhibit(s) T-Z for Desgranges Declaration, # 9 Exhibit(s) AA-AG for Desgranges Declaration, # 10 Exhibit(s) AH for Desgranges Declaration, # 11 Exhibit(s) AI-AO for Desgranges Declaration, # 12 Exhibit(s) AP-AX for Desgranges Declaration, # 13 Declaration (Supplemental) of Expert Dr. Louis Kraus in Support of Plaintiffs' Motion for Preliminary Injunction, # 14 Exhibit(s) 1-3 for Kraus Suppl. Declaration, # 15 Exhibit(s) 4 for Kraus Suppl. Declaration, # 16 Exhibit(s) 5 for Kraus Suppl. Declaration, # 17 Declaration of Expert Dr. Barry Krisberg in Support of Plaintiffs' Motion for Preliminary Injunction, # 18 Exhibit(s) A-F for Krisberg Declaration, # 19 Exhibit(s) G for Krisberg Declaration, # 20 Exhibit(s) H for Krisberg Declaration, # 21 Exhibit(s) I for Krisberg Declaration, # 22 Exhibit(s) J for Krisberg Declaration, # 23 Declaration of Expert Warden Leander Parker in Support of Plaintiffs' Motion for Preliminary Injunction, # 24 Exhibit(s) A-B for Parker Declaration, # 25 Declaration of Michelle Shames in Support of Plaintiffs' Motion for Preliminary Injunction, # 26 Exhibit(s) A for Shames Declaration, # 27 Exhibit(s) B-D for Shames Declaration, # 28 Declaration of Emily NaPier in Support of Plaintiffs' Motion for Preliminary Injunction, # 29 Exhibit(s) A-E for NaPier Declaration, # 30 Exhibit(s) F-J for NaPier Declaration, # 31 Declaration of Maria Rafael in Support of Plaintiffs' Motion for Preliminary Injunction, # 32 Exhibit(s) A for Rafael Declaration, # 33 Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction) (Desgranges, Philip) (Entered: 12/22/2016)

1 Declaration of Attorney Philip Desgranges in Support of Plaintiffs' Motion

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2 Exhibit(s) A-G for Desgranges Declaration

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3 Exhibit(s) H for Desgranges Declaration (Part 1 of 2)

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4 Exhibit(s) H for Desgranges Declaration (Part 2 of 2)

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5 Exhibit(s) I for Desgranges Declaration

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6 Exhibit(s) J-N for Desgranges Declaration

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7 Exhibit(s) O-S for Desgranges Declaration

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8 Exhibit(s) T-Z for Desgranges Declaration

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9 Exhibit(s) AA-AG for Desgranges Declaration

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10 Exhibit(s) AH for Desgranges Declaration

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11 Exhibit(s) AI-AO for Desgranges Declaration

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12 Exhibit(s) AP-AX for Desgranges Declaration

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13 Declaration (Supplemental) of Expert Dr. Louis Kraus in Support of Plaintiffs

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14 Exhibit(s) 1-3 for Kraus Suppl. Declaration

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15 Exhibit(s) 4 for Kraus Suppl. Declaration

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16 Exhibit(s) 5 for Kraus Suppl. Declaration

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17 Declaration of Expert Dr. Barry Krisberg in Support of Plaintiffs' Motion f

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18 Exhibit(s) A-F for Krisberg Declaration

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19 Exhibit(s) G for Krisberg Declaration

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20 Exhibit(s) H for Krisberg Declaration

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21 Exhibit(s) I for Krisberg Declaration

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22 Exhibit(s) J for Krisberg Declaration

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23 Declaration of Expert Warden Leander Parker in Support of Plaintiffs' Motio

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24 Exhibit(s) A-B for Parker Declaration

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25 Declaration of Michelle Shames in Support of Plaintiffs' Motion for Prelimi

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26 Exhibit(s) A for Shames Declaration

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27 Exhibit(s) B-D for Shames Declaration

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28 Declaration of Emily NaPier in Support of Plaintiffs' Motion for Preliminar

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29 Exhibit(s) A-E for NaPier Declaration

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30 Exhibit(s) F-J for NaPier Declaration

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31 Declaration of Maria Rafael in Support of Plaintiffs' Motion for Preliminar

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32 Exhibit(s) A for Rafael Declaration

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33 Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injuncti

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CERTIFICATE OF SERVICE by R. C., C. I., F. K., J. P., M. R., V. W. re 46 MOTION for Preliminary Injunction (Desgranges, Philip) (Entered: 12/22/2016)

Order

TEXT ORDER : Pursuant to the Text Order entered on 11/18/2016, the parties were directed to confer and hold a Rule 26(f) meeting within twenty-on days of the date of that order. Once this was accomplished, a discovery plan was to be filed with the court. Since the document has not yet been filed with the court, the parties are directed to file a joint discovery plan in this action on or before 1/6/2017. Authorized by Magistrate Judge David E. Peebles on 12/22/2016. (sal ) (Entered: 12/22/2016)

Letter Motion from Kathleen M. Dougherty, Esq. for Kevin M. Brisson, Eugene Conway, Esteban Gonzalez requesting an extension to respond to Motion under Ct. Doc. 46 submitted to Judge Hurd . (Dougherty, Kathleen) (Entered: 12/30/2016)

NOTICE of Appearance by Carol L. Rhinehart on behalf of Kevin M. Brisson, Eugene Conway, Esteban Gonzalez (Attachments: # 1 Certificate of Service)(Rhinehart, Carol) (Entered: 01/03/2017)

NOTICE by UNITED STATES OF AMERICA re 46 MOTION for Preliminary Injunction Statement of Interest of United States of America (Hoggan, John) (Entered: 01/03/2017)

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Responding to the Sheriff's Office defendants' request for an extension to respond to plaintiffs' motion for preliminary injunction submitted to Judge Hurd . (Desgranges, Philip) (Entered: 01/05/2017)

CIVIL CASE MANAGEMENT PLAN by R. C., C. I., F. K., J. P., M. R., V. W.. (Desgranges, Philip) (Entered: 01/06/2017)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 7 days. Preferred Trial Location: Syracuse. Mandatory disclosures must be exchanged by 1/13/2017. Joinder of Parties due by 10/2/2017. Amended Pleadings due by 10/2/2017. Completion of all Fact Discovery is due by 11/1/2017. Initial expert reports are to be served by 11/9/2017. Responsive expert reports are due to be served by 12/22/2017. Rebuttal expert reports are due to be served by 1/8/2018. Completion of all discovery, including expert depositions, is due by 2/7/2018. Dispositive Motions must be filed by 2/21/2018. When no dispositive motion is filed, the motion filing deadline becomes the trial ready date. The court will issue a notice scheduling a Final Pretrial Conference and Trial Date before U.S. District Judge David N. Hurd at a later time. This action is exempt from the court's Mandatory Mediation Program, however, the issue of settlement will be revisited and discussed further with counsel at a later time. *NOTE: PLEASE THE ATTACHED ADDENDUM FOR PROVISIONS OF THE UPSO AND REQUESTS FOR EXTENSIONS OF TIME* Signed by Magistrate Judge David E. Peebles on 1/9/2017. (Attachments: # 1 Addendum to UPSO)(sal ) (Entered: 01/09/2017)

MEMORANDUM OF LAW re 46 Motion for Preliminary Injunction,,,,,,,,, Memorandum in Opposition to Motion for a Preliminary Injunction filed by Syracuse City School District. (Attachments: # 1 Declaration)(Fellows, Jonathan) (Entered: 01/10/2017)

1 Declaration

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CERTIFICATE OF SERVICE by Syracuse City School District re 46 MOTION for Preliminary Injunction, 55 Memorandum of Law (Fellows, Jonathan) (Entered: 01/10/2017)

TEXT ORDER GRANTING ADJOURNMENT OF MOTIONS: Granting in part 52 Letter Motion from Philip Desgranges, Esq. from plaintiffs regarding extension of time to respond to plaintiffs' motion for preliminary injunction. Pursuant to the verbal Order of the Hon. David N. Hurd, 46 MOTION for Preliminary Injunction, is adjourned and the motion response and reply dates are reset as follows; Defendants' Response to the Motion is now due by 12:00pm on January 20, 2017 and Plaintiffs' Reply to the Response to the Motion, if any, is now due by 12:00pm on January 30, 2017. Oral argument as to all motions that have been filed in this matter : 5 MOTION to Certify Class and Subclass by Plaintiffs., 28 MOTION for Summary Judgment of Defendant Syracuse City School District, and 46 MOTION for Preliminary Injunction shall be heard and are NOW set for Friday, February 10, 2017 at 10:00AM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 1/11/2017. (ptm) (Entered: 01/11/2017)

Order on Letter Request

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court Enter the Attached Protective Order submitted to Judge Peebles . (Attachments: # 1 Proposed Order/Judgment Proposed Protective Order)(Desgranges, Philip) (Entered: 01/18/2017)

PROTECTIVE ORDER regarding materials containing confidential information. Signed by Magistrate Judge David E. Peebles on 1/19/2017. (sal ) (Entered: 01/19/2017)

TEXT NOTICE: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ response and reply papers Re: 46 MOTION for Preliminary Injunction shall be filed no later than 5:00pm on January 20, 2017 and January 30, 2017 respectively. (ptm)

AFFIDAVIT in Opposition re 46 MOTION for Preliminary Injunction filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Exhibit(s))(Rhinehart, Carol) (Entered: 01/20/2017)

Medical Records filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Exhibit(s) B, # 2 Exhibit(s) C, # 3 Exhibit(s) D, # 4 Exhibit(s) E, # 5 Exhibit(s) F, # 6 Exhibit(s) G, # 7 Exhibit(s) H, # 8 Exhibit(s) I, # 9 Exhibit(s) J, # 10 Exhibit(s) K, # 11 Exhibit(s) L, # 12 Exhibit(s) M)(Rhinehart, Carol) (Attachment 2 replaced on 1/23/2017) (alh, ). (Attachment 3 replaced on 1/23/2017) (alh, ). (Attachment 8 replaced on 1/23/2017) (alh, ). (Attachment 11 replaced on 1/23/2017) (alh, ). (Entered: 01/20/2017)

AFFIDAVIT in Opposition re 46 MOTION for Preliminary Injunction filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P)(Rhinehart, Carol) (Attachment 4 replaced on 1/23/2017) (alh, ). (Attachment 7 replaced on 1/23/2017) (alh, ). (Attachment 8 replaced on 1/23/2017) (alh, ). (Attachment 11 replaced on 1/23/2017) (alh, ). (Attachment 13 replaced on 1/23/2017) (alh, ). (Attachment 15 replaced on 1/23/2017) (alh, ). (Entered: 01/20/2017)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) C

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4 Exhibit(s) D

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5 Exhibit(s) E

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6 Exhibit(s) F

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7 Exhibit(s) G

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8 Exhibit(s) H

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9 Exhibit(s) I

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10 Exhibit(s) J

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11 Exhibit(s) K

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12 Exhibit(s) L

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13 Exhibit(s) M

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14 Exhibit(s) N

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15 Exhibit(s) O

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16 Exhibit(s) P

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MEMORANDUM OF LAW re 60 Affidavit in Opposition to Motion, 61 Medical Records filed, 62 Affidavit in Opposition to Motion,, filed by Kevin M. Brisson, Eugene Conway, Esteban Gonzalez. (Attachments: # 1 Certificate of Service)(Rhinehart, Carol) (Entered: 01/20/2017)

1 Certificate of Service

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CLERK'S CORRECTION OF DOCKET ENTRY re 61 Medical Records filed, 62 Affidavit in Opposition to Motion: Clerk has replaced attachments 2, 3, 8, and 11 of Dkt. No. 61 and attachments 4, 7, 8, 11, 13, and 15 of Dkt. No. 62 due to personal identifiers, submissions have been redacted and replaced on the docket. (alh, )

REPLY to Response to Motion re 46 MOTION for Preliminary Injunction filed by R. C., C. I., F. K., J. P., M. R., V. W.. (Attachments: # 1 Declaration Supplemental Declaration of Maria Rafael ISO Reply, # 2 Declaration Second Supplemental Declaration of Dr. Louis Kraus ISO Reply, # 3 Affirmation Affirmation of Service)(Desgranges, Philip) (Entered: 01/30/2017)

1 Declaration Supplemental Declaration of Maria Rafael ISO Reply

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2 Declaration Second Supplemental Declaration of Dr. Louis Kraus ISO Reply

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3 Affirmation Affirmation of Service

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MOTION for Leave to Appear as Amici Curiae re 46 MOTION for Preliminary Injunction. (Attachments: # 1 Affidavit, # 2 Brief in Support of Preliminary Injunction, # 3 Cover Letter, # 4 Certificate of Service, # 5 Envelope)(alh, ) (Entered: 02/02/2017)

1 Affidavit

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2 Brief in Support

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3 Cover Letter

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4 Certificate of Service

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5 Envelope

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TEXT ORDER GRANTING ADJOURNMENT OF MOTIONS - SCHEDULING ORAL ARGUMENT : Pursuant to the verbal Order of the Hon. David N. Hurd the Oral argument as to all motions that have been filed in this matter : 28 MOTION for Summary Judgment of Defendant Syracuse City School District, 5 MOTION to Certify Class and Subclass by Plaintiffs., 46 MOTION for Preliminary Injunction shall be heard in open Court and are NOW set for Wednesday, February 15, 2017 at 2:00PM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. (ptm)

TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Motion Hearing held on 2/15/2017. Judge Hurd reviews pending motions and grants 65 MOTION Leave to Appear as Amici Curiae and accepts and considers 51 NOTICE by UNITED STATES OF AMERICA re 46 MOTION for Preliminary Injunction Statement of Interest of United States of America. The Court further grants 5 MOTION to Certify Class and Subclass by Plaintiffs. filed by F. K., C. I., R. C., M. R., J. P., V. W., on the papers submitted, hears argument as to 28 MOTION for Summary Judgment of Defendant Syracuse City School District filed by Syracuse City School District and 65 MOTION Leave to Appear as Amici Curiae re 46 MOTION for Preliminary Injunction, 46 MOTION for Preliminary Injunction filed by F. K., C. I., R. C., M. R., J. P., V. W. and RESERVES DECISION with written opinion to follow. Phillip L. Desgranges, Esq., Susan M. Young, Esq., Mariko Hirose, Esq. and Mariana L. Kovel, Esq. for plaintiffs R. C., C. I., F. K., J. P., M. R., V. W; Carol L. Rhinehart, Esq., for defendants Kevin M. Brisson, Eugene Conway, Esteban Gonzalez ; Jonathan B. Fellows, Esq. for defendant Syracuse City School District. (Court Reporter Nancy Freddoso) (2:00pm - 3:15pm) (ptm)

Letter Motion from Kate I. Reid for Syracuse City School District requesting Withdraw from Representation submitted to Judge David N. Hurd . (Reid, Kate) (Entered: 02/16/2017)

TEXT ORDER granting 66 Letter Request from Kate I. Reid for Syracuse City School District requesting to Withdraw from Representation. Authorized by Magistrate Judge David E. Peebles on 2/17/2017. (sal ) (Entered: 02/17/2017)

Order on Letter Request

MEMORANDUM-DECISION AND ORDER: ORDERED that 1. Plaintiffs' motion for class certification is GRANTED (Dkt. No. 5 ); 2. Defendant Syracuse City School District's motion for summary judgment is DENIED (Dkt. No. 28 ; 3. Plaintiffs' motion for a preliminary injunction is GRANTED (Dkt. No. 46 ; 4. The Onondaga County defendants, their agents, servants, employees, and officers, and all other persons in active concert or participation with them and who receive actual notice of this preliminary injunction, by personal service or otherwise, are hereby IMMEDIATELY ENJOINED AND RESTRAINED, pending the final determination of this action, from imposing 23-hour disciplinary isolation on juveniles at the Justice Center; 5. The Onondaga County defendants and the School District shall IMMEDIATELY afford all eligible juveniles the educational instruction to which they are entitled under NewYork State's laws and regulations; 6. The Onondaga County defendants and the Sch ool District shall IMMEDIATELY afford all juveniles with qualifying disabilities under the IDEA with the special education services and other procedural protections to which they are entitled; and 7. Discipline imposed on juveniles by the Onondaga County defendants must include meaningful social interaction with others, including other juveniles, and no discipline may be imposed that directly harms a juvenile's psychological condition. Signed by Judge David N. Hurd on 2/22/17. (alh, )

Set Hearings: A Status Telephone Conference is set for 6/2/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal)

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting a conference with the Court to discuss defendants' violations of the Court's order submitted to Judge Hurd . (Attachments: # 1 Exhibit(s) Ex. A, 3-13-2017 Letter from Desgranges to Counsel for Defendants, # 2 Exhibit(s) Ex. B, 3-20-2017 Letter from Rhinehart to Desgranges, # 3 Exhibit(s) Ex. C, 3-21-2017 Email from Fellows to Desgranges)(Desgranges, Philip) (Entered: 03/28/2017)

Order on Letter Request

TEXT ORDER GRANTING AN IN PERSON STATUS CONFERENCE: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ and GRANTING 69 Letter Motion from Philip L. Desgranges, Esq. requesting a conference with the Court, an IN PERSON STATUS CONFERENCE is now set for FRIDAY, March 31, 2017 AT 11:00AM in USDC / Utica, NY. Appearances by all counsel are required in Utica, NY. Please adjust your calendars accordingly. (Entered: 03/28/2017)

Letter Motion from Mariko Hirose for R. C., C. I., F. K., J. P., M. R., V. W. requesting an expedited trial schedule submitted to Judge Hurd . (Hirose, Mariko) (Entered: 03/30/2017)

Letter Motion from Jonathan B. Fellows for Syracuse City School District submitted to Judge David N. Hurd . (Attachments: # 1 Ex A - 3.29.17 Corr. to C. Rhinehart)(Fellows, Jonathan) (Entered: 03/30/2017)

TEXT Minute Entry for proceedings held before Judge David N. Hurd: IN PERSON STATUS CONFERENCE held on 3/31/2017. Judge Hurd reviews 69 Letter Motion from Philip L. Desgranges, Esq. requesting a conference with the Court and ongoing concerns regarding this Court's 68 MEMORANDUM-DECISION AND ORDER. Judge Hurd further directs parties to review and discuss possible resolution and stipulation on ongoing issues and report to the Court in writing no later than Monday, April 3, 2017 at 12:00pm. Appearances: Joshua T. Cotter, Esq., Mariko Hirose, Esq. Phillip L. Desgranges, Esq., Samuel C. Young, Esq., for plaintiffs R. C., C. I., F. K., J. P., M. R., V. W.; Carol L. Rhinehart, Esq., for defendants Kevin M. Brisson, Eugene Conway, Esteban Gonzalez; Brendan M. Sheehan, Esq. for defendant Syracuse City School District.(ptm) (11:00am - 12:00pm)

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting an Extension to File a Stipulation for the Court's Approval submitted to Judge Hurd . (Desgranges, Philip) (Entered: 04/03/2017)

Order on Letter Request

TEXT ORDER; Granting 73 Letter Motion from Philip L. Desgranges, Esq. for plaintiffs requesting an extension of time to file a Stipulation for the Court's Approval. Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, the parties shall file a stipulation and proposed order no later than FRIDAY, APRIL 7, 2017 AT 12:00PM which shall include a definitive statement as to the further progress of this matter. THIS IS A FINAL EXTENSION OF TIME TO REPLY TO THE COURT'S REQUEST FOR STATUS REGARDING COMPLIANCE THIS COURT'S FEBRUARY 22, 2017 2017 68 MEMORANDUM-DECISION AND ORDER. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE ENTERTAINED OR GRANTED. (Status Report due by 12:00PM ON 4/7/2017) So Ordered by Judge David N. Hurd on 4/3/2017. (ptm, ) (Entered: 04/03/2017)

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting Requesting a Brief Extension submitted to Judge Hurd . (Desgranges, Philip) (Entered: 04/07/2017)

Letter Motion from Desgranges for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court approve the attached interim settlement agreement submitted to Judge Hurd . (Attachments: # 1 Exhibit(s) Stipulation and Order for an Interim Settlement Agreement)(Desgranges, Philip) (Entered: 04/07/2017)

TEXT ORDER: Pursuant to the verbal Order of the Hon. David N. Hurd on pending letter motions; finding as moot 71 Letter Request, 72 Letter Request, and 75 Letter Request, and granting 76 Letter Motion from Philip Desgranges, Esq. for R. C., C. I., F. K., J. P., M. R., V. W. requesting that the Court approve the attached interim settlement agreement. (ptm, ) (Entered: 04/10/2017)