Case: Disability Rights New York v. North Colonie Board of Education

COMPLAINT against D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools (Filing fee $400 receipt number 0206-2970897) filed by Disability Rights New York. (Attachments: # 1 Civil Cover Sheet) (see) (Entered: 06/19/2014)

1 Civil Cover Sheet

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Summonses Issued as to D. Joseph Corr, North Colonie Board of Education, and North Colonie Central Schools. (Attachments: # 1 Summon for North Colonie Central Schools, # 2 Summons for Mr. D. Joseph Corr) (see) (Entered: 06/19/2014)

MOTION for Preliminary Injunction and Temporary Restraining Order by Disability Rights New York. (Attachments: # 1 Declaration of Julie M. Keegan, Esq., # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, part 1, # 4 Exhibit(s) 2, part 2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4, # 7 Proposed Order/Judgment) (see) (Attachment 4 replaced on 6/23/2014) (jmb, ). (Entered: 06/19/2014)

1 Declaration of Julie M. Keegan, Esq.

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2 Exhibit(s) 1

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3 Exhibit(s) 2, part 1

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4 Exhibit(s) 2, part 2

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5 Exhibit(s) 3

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6 Exhibit(s) 4

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7 Proposed Order/Judgment

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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/17/2014 at 10:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/10/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) (Entered: 06/19/2014)

ORDER TO SHOW CAUSE as to 3 MOTION for Preliminary Injunction and Temporary Restraining Order that the pltf serve upon defts a copy of this Order, together with the summons, a copy of the verified complaint, and a copy of the aforementioned declaration and memorandum of law by close of business today, June 19, 2014; Response to Motion due by 6/20/2014 at 10:00 AM; Hearing set for 6/20/2014 at 11:15 AM in Utica before Judge David N. Hurd. Pltf is not required to provide a bond. Signed by Judge David N. Hurd on 6/19/2014. (see) (Entered: 06/19/2014)

AFFIDAVIT in Opposition re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Attachments: # 1 Exhibit(s) Exhibit A to Affirmation, # 2 Exhibit(s) Exhibit B to Affirmation)(Castiglione, Joseph) (Entered: 06/20/2014)

Minute Entry for proceedings held before Judge David N. Hurd: Motion Taken Under Advisement: 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, Motion Hearing held on 6/20/2014 in Utica, NY. re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Disability Rights New York. Ct. to issue written decision. Appearances: Jennifer Monthie & Julie Michaels Keegan for pltf, Joseph Castiglione & Jessica Vigars for defts. 11:25 a.m. - 11:55 a.m. (Court Reporter Nancy Freddoso) (cmr, )

ORDER that pltf DRNY's 3 Motion for TRO is GRANTED; defts are hereby restrained from denying immediate access to Blue Creek Elementary School when the students are present to permit pltf to conduct an investigation into allegations of abuse and/or neglect; and that pltf is not required to provide a bond. Signed by Judge David N. Hurd on 6/20/2014. (see) (Entered: 06/20/2014)

Clerk e-mailed a copy of the 7 Order to Attorney Joseph Castiglione who did not receive notice of electronic filing because he was not added to the case at the time the response to the emergency motion was filed. Counsel is now added to the case. (see)

Letter Motion from Joseph F. Castiglione, Young/Sommer for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Telephone Conference Call submitted to Judge David N. Hurd . (Castiglione, Joseph) (Entered: 06/24/2014)

RESPONSE to Motion re 8 Letter Motion from Joseph F. Castiglione, Young/Sommer for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Telephone Conference Call submitted to Judge David N. Hurd filed by Disability Rights New York. (Keegan, Julie) (Entered: 06/26/2014)

WAIVER OF SERVICE Returned Executed by Disability Rights New York. All Defendants. (Keegan, Julie) (Entered: 06/27/2014)

Letter Motion from Disability Rights New York for Disability Rights New York requesting Clarification o fJune 20, 2014 Temporary Restraining Order submitted to Judge David N. Hurd . (Keegan, Julie) (Entered: 07/08/2014)

RESPONSE TO LETTER BRIEF filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools as to 11 Letter Request/Motion filed by Disability Rights New York . (Castiglione, Joseph) (Entered: 07/08/2014)

TEXT ORDER that the June 20, 2014, Order granting plaintiff's emergency motion for a temporary restraining order pertained only to its attempt to access the Blue Creek Elementary School to investigate allegations of abuse/neglect before the end of the school year. As the school year has ended, that Order is expired. Therefore, the parties' recent requests for clarification and/or expansion of the Order (ECF Nos. 8, 11) are DENIED. This matter is hereby referred to Magistrate Judge Treece for further preliminary matters such as any renewed motions for a temporary restraining order or preliminary injunctive relief. Per verbal order of Judge Hurd on 7/8/2014. (see) (Entered: 07/08/2014)

NOTICE of Appearance by Jessica R. Vigars on behalf of All Defendants (Vigars, Jessica) (Entered: 07/10/2014)

Letter Motion from Jessica R. Vigars for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Extension for time to Answer submitted to Judge Randolph F. Treece . (Vigars, Jessica) (Entered: 07/10/2014)

TEXT ORDER: On July 10, 2014, Defendants' filed a Letter Request asking the Court to consent to the parties' stipulation allowing Defendants to respond to the Complaint in this matter by July 28, 2014. Based upon the parties' agreement, the request is GRANTED. Defendants shall respond to the Complaint on or before July 28, 2014. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 7/11/2014. (mab) (Entered: 07/11/2014)

Defendants ANSWER to 1 Complaint by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools.(Castiglione, Joseph) (Entered: 07/28/2014)

TEXT NOTICE to Attorney Castiglione, re: 17 Answer to Complaint. Counsel is directed to electronically file proof of service of the above document. (see)

CERTIFICATE OF SERVICE by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools re 17 Answer to Complaint (Castiglione, Joseph) (Entered: 07/28/2014)

TEXT NOTICE: The Rule 16 Initial Conference in this matter is RESCHEDULED for 8/21/2014 at 9:30 AM before Magistrate Judge Randolph F. Treece and will be conducted by TELEPHONE. The parties are directed to DIAL IN at 877-336-1839 and use Access Code 6651723 and Security Code 1744 to be connected to the conference call. The parties are directed to submit a proposed Civil Case Management Plan by 8/14/2014. Mandatory Disclosures are to be exchanged by the parties on or before 8/14/2014. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. (mab)

Letter Motion from Joseph F. Castiglione, Esq. for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Extension of time to serve initial disclosures submitted to Judge Randolph F. Treece . (Castiglione, Joseph) (Entered: 08/14/2014)

NOTICE of Appearance by Kenneth S. Ritzenberg on behalf of D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools (Ritzenberg, Kenneth) (Entered: 08/14/2014)

TEXT ORDER re 19 Defendants' Letter Request seeking an extension of time to serve their intial disclosures. The request is GRANTED. At this time the Court will also extend the time in which the parties must submit a proposed Civil Case Management Plan. Mandatory Disclosures are to be exchanged by the parties and a proposed Civil Case Management Plans shall be filed on or before 8/19/2014. The Rule 16 Initial Conference will proceed as scheduled on 8/21/2014 at 9:30 am by telephone. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 8/14/2014. (mab) (Entered: 08/14/2014)

AMENDED COMPLAINT of Disability Rights New York dated 8/18/14 against All Defendants filed by Disability Rights New York.(Keegan, Julie) (Entered: 08/18/2014)

***Answer due date updated for D. Joseph Corr answer to amended complaint due 9/2/2014; North Colonie Board of Education answer to amended complaint due 9/2/2014; North Colonie Central Schools answer to amended complaint due 9/2/2014. (see)

CIVIL CASE MANAGEMENT PLAN with letter and attachment by Disability Rights New York. (Keegan, Julie) (Entered: 08/19/2014)

CIVIL CASE MANAGEMENT PLAN by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 08/19/2014)

Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Rule 16 Initial Pretrial Conference held on 8/21/2014. Appearances: Julie Keegan, Esq. and Jennifer Monthie, Esq. for Plaintiff and Joseph Castiglione, Esq. and Jessica Vigars, Esq. for Defendants. The Court discusses the Mandatory Mediation Program and General Order #47 with the parties. Since this issues are more a matter of law and would be deemed not appropriate for a mediation, the Court has excempted this case from the Mandatory Mediation Program. Scheduling Order deadlines set. Uniform Pretrial Scheduling Order to be issued. (TIME: 9:30AM - 10:05AM). (mab) (Entered: 08/21/2014)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2-3 Days. Joinder of Parties due by 9/1/2014. Amended Pleadings due by 9/1/2014. This case has been exempt from the Court's Mandatory Mediation Program. Discovery due by 2/6/2015. Motions to be filed by 3/6/2015. Status Report due by 12/11/2014. Signed by Magistrate Judge Randolph F. Treece on 8/21/2014. (mab) (Entered: 08/21/2014)

TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 8/21/2014. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 8/21/2014. (mab) (Entered: 08/21/2014)

ANSWER to 22 Amended Complaint by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools.(Castiglione, Joseph) (Entered: 09/02/2014)

TEXT NOTICE to Attorney Castiglione, re: 28 Answer to Amended Complaint. Please electronically file proof of service of the above document. (see)

CERTIFICATE OF SERVICE by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools re 28 Answer to Amended Complaint (Castiglione, Joseph) (Entered: 09/03/2014)

STATUS REPORT pursuant to 8/21/14 Uniform Pretrial Order by Disability Rights New York. (Keegan, Julie) (Entered: 12/12/2014)

Letter Motion from Joseph F. Castiglione for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Extension of Uniform Pretrial Scheduling Order dated August 21, 2014 submitted to Judge Hon. Randolph F. Treece . (Castiglione, Joseph) (Entered: 12/29/2014)

TEXT ORDER: On December 29, 2014, the parties filed a Joint Letter Request seeking an extension of the Scheduling Order deadlines in this matter. Dkt. No. 31 . The request is being taken under advisement, however, the Court is prepared to go forward with a telephone conference to address this request and any discovery disputes. The parties are directed to briefly outline any pending discovery disputes by January 5, 2015. The parties are also directed to file dates and times that they would be available to participate in a telephone conference during the weeks of January 5th and January 12th. The Court anticipates the parties' immediate attention to this Text Order. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 12/30/2014. (mab) (Entered: 12/30/2014)

Letter Motion from Joseph F. Castiglione o/b/o North Colonie CSD (Defendants) for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Response to Text Order, Docket #32 submitted to Judge Randolph F. Treece . (Castiglione, Joseph) (Entered: 12/31/2014)

LETTER BRIEF Plaintiff's Letter re: Discovery Disputes and Conference Availability per 12/30/14 Order by Disability Rights New York. (Keegan, Julie) (Entered: 01/02/2015)

LETTER BRIEF re discovery disputes by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 01/05/2015)

TEXT ORDER granting in part 31 and 33 Defendant's Letter Request. On December 29, 2014, Defendant filed a Letter-Motion seeking an extension of the discovery deadline. Dkt. No. 31 . In addition to seeking an extension of the discovery deadline, Defendant states that there are numerous disputes which the parties are attempting to resolve. It is the Courts view that the parties beleaugered and belated attempts to resolve expeditiously these discovery disputes has contributed to the delay in completing discovery. Taking until January 15, 2015 to provide a privilege log is unreasonable and has consumed an inordinate period of time. Pursuant to a Text Order, further submissions have been filed with the Court. See Dkt. No. 34 & 35 . These submissions indicate more clearly the nature of the numerous discovery disputes that probably wont be resolved by the parties and accordingly require court intervention. The Court will grant a hearing during the week ending January 19, 2015. However, further briefing is required. The parties shall concurrently file letter briefs by January 10, 2015, addressing the following: (1) the statutory basis for Plaintiffs claim of confidentiality; (2) Plaintiffs basis for the attorney-client privilege and how such privilege attaches to its dual role as an investigator; (3) whether pure facts are ever protected by that attorney-client privilege; (4) whether the attorney-client privilege has been waived; (5) whether Defendants demands are relevant and calculated to lead to admissible evidence; (6) whether a protective order may be suitable for the disclosure of student and others identities and information; and (7) whether the current investigation is relevant and calculated to lead to admissible evidence. The parties shall also provide the dates that they may be available during the week ending January 19, 2015, for an in person hearing on these and any other identified discovery issues. The Court anticipates the parties immediate attention. After the discovery issues have been resolved, the Court may entertain extending the discovery deadline for a reasonable period. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 1/6/2015. (Treece, Randolph) (Entered: 01/06/2015)

LETTER BRIEF Re Discovery Disputes by Disability Rights New York. (Attachments: # 1 Exhibit(s) Disability Advocates v NYS Office of Mental Health - Case No. 02-Civ. 4002, # 2 Exhibit(s) Plaintiff's Response to First Set of Interrogatories)(Keegan, Julie) (Entered: 01/10/2015)

TEXT NOTICE of Hearing: A Discovery Hearing in this matter is set for 1/21/2015 at 3:00 PM in Albany, NY before Magistrate Judge Randolph F. Treece. The parties are to appear IN PERSON at the James T. Foley U.S. Courthouse, 445 Broadway, 4th Floor, Courtroom No. 2 at that time. (mab)

Text Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Discovery Hearing held on 1/21/2015. Appearances: Cliff Zucker, Esq., Jennifer Monthie, Esq. and Julie Keegan, Esq. for Plaintiff; Joseph Castiglione, Esq. and Jessica Vigars, Esq. for Defendants. A hearing was held to discuss several discovery issues that have been raised by the parties. After hearing from counsel, the Court made various rulings as to those issues on the record. A written Order will be issued outlining those rulings. (Court Reporter: Lisa Tennyson) (TIME: 3:00PM-4:37PM). (mab)

TEXT DISCOVERY ORDER: Currently before the Court is a series of Letter-Motions seeking to amend the Scheduling Order and to address outstanding discovery disputes. On December 29, 2014, Defendants filed a Letter-Motion seeking to amend the Scheduling Order and noting that the parties were attempting to resolve discovery issues. Dkt. No. 31 . Considering that the parties were unable to resolve their discovery disagreement, the parties filed their respective Letter-Briefs identifying, in greater detail, the nature of the discovery disputes. Dkt. Nos. 34 & 35 . Because the nature of the discovery disputes pertain to matters of confidentiality, the Court issued a Text Order directing the parties to file further letter-briefs addressing specific legal issues related to confidentiality and the attorney-client privilege. Dkt. No. 36 . Both parties filed their respective Letter-Brief on or about January 10, 2015. Dkt. Nos. 37 & 38 . On January 21, 2015, a lengthy Discovery Hearing was held on the record. The discussion included, among other things, what is the proper scope of discovery in an action of this nature, what does the Plaintiff have to establish in order to be granted a permanent injunction, the nature of the statutory and common law privileges and whether they can be pierced, and notwithstanding these privileges, whether certain facts can still be disclosed in order to amplify Plaintiffs Response to Defendants Interrogatory so that they meet reasonable disclosure standards. Weighing the Courts urging that this matter can be negotiated, the parties ultimately agreed upon a resolution. Based upon the parties general agreement, the Court directs that the Plaintiff shall provide the following information in order to elaborate upon its Response: (1) appropriate dates and times of alleged incidents that may constitute complaints of abuse and neglect; (2) the identity of the Defendants staff and/or employees who may have been involved in one or more of these complaints of abuse and neglect; and (3) some facts supporting the alleged abuses and neglect. Because of statutory obligations to keep certain information confidential, compounded by the cloak of the attorney-client privilege, each alleged incident shall be designated by a number, however, the parties may agree to another designation scheme that will not reveal the names of the complainants and/or the students who may have either a mental illness or a developmental disability. The Court directs the parties to meet and confer to consider drafting and presenting to the Court a protective order to further cloak not only these disclosures but the prospective deposition testimony of Ms. Keegan. Lastly, the Scheduling Order is amended as follows: (a) the discovery deadline is March 30, 2015; (b) the final day to file dispositive motions is May 1, 2015; (c) all other provisions of the Scheduling Order shall remain in effect; and (d) no further extensions will be considered. SO ORDERED.. Signed by Magistrate Judge Randolph F. Treece on 1/22/2015. (Treece, Randolph) (Entered: 01/22/2015)

Set Deadlines: Discovery due by 3/30/2015. Motions to be filed by 5/1/2015. (mab)

Letter Request from Disability Rights New York Letter Motion from Julie Keegan, Counsel for Plaintiff for Disability Rights New York requesting Sealing Doc. # 37; Defendants to file redacted document submitted to Judge Hon. R. Treece . (Keegan, Julie) (Entered: 01/23/2015)

LETTER BRIEF Filing Redacted Letter (Dkt 37) by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 01/23/2015)

TEXT ORDER granting 40, Plaintiff's Letter Request, seeking to seal Defendants' Letter Brief noted at Dkt. No. 37 . Because that submission contains private and confidential information, Dkt. No. 37 is sealed. The Clerk of the Court is directed to take the appropriate steps to rendered this document sealed on the case docket. The Court need not direct Defendants to file a redacted version because they have already done so. See Dkt. No. 40 . SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 1/26/2015. (Treece, Randolph) (Entered: 01/26/2015)

Letter Motion from Disability Rights New York for Disability Rights New York requesting Approval of Order and Stipulation of Confidentiality submitted to Judge Randolph F. Treece . (Attachments: # 1 Proposed Order of Stipulation of Confidentiality)(Keegan, Julie) (Attachment 1 replaced on 2/24/2015) (mab). (Entered: 02/23/2015)

CLERK'S CORRECTION OF DOCKET ENTRY: Clerk replaced the attachment to Dkt. No. 43 . The Proposed Stipulation and Order of Confidentiality orginally filed did not include all pages. At the request of Judge Treece's Chambers, counsel provided the correct version. Dkt. No. 43 is now correct and complete. (mab)

ORDER and STIPULATION OF CONFIDENTIALITY. Signed by Magistrate Judge Randolph F. Treece on 2/24/2015. (mab) (Entered: 02/25/2015)

Letter Motion from Joseph F. Castiglione for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Court conference to discuss discovery issues submitted to Judge Hon. Randolph F. Treece . (Castiglione, Joseph) (Entered: 03/10/2015)

RESPONSE TO LETTER BRIEF filed by Disability Rights New York as to 45 Letter Request/Motion, filed by D. Joseph Corr, North Colonie Central Schools, North Colonie Board of Education . (Attachments: # 1 Exhibit(s) Defendants Second Set of Document Demands)(Keegan, Julie) (Entered: 03/10/2015)

TEXT ORDER denying 45, Defendants' Letter Request, seeking a conference and/or an extension of the discovery deadline. The Court has also reviewed Plaintiff's Response. Dkt. No. 46 . On March, 2015, Defendants served a Second Set of Record Demands upon Plaintiff. Plaintiff objected on the grounds that the Demand was untimely. Federal Rule of Civil Procedure 34(b) states that the responding party has thirty (30) days to respond. Here, the Amended Scheduling Order set the discovery deadline at March 30, 2015. Dkt. No. 39 . Accordingly, Plaintiff does not have sufficient time to respond to Defendants' Demand. In the alternative, Defendants beseech the Court to extend the discovery demand once again. However, the Amended Scheduling Order made it clear that no further extension will be granted. The Court stands by that ruling. The Court denies Defendants' request for another extension. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 3/10/2015. (Treece, Randolph) (Entered: 03/10/2015)

Letter Motion from Joseph F. Castiglione for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting an enlargement of time for the parties to file their Motions for Summary Judgment submitted to Judge Randolph F. Treece . (Castiglione, Joseph) (Entered: 04/13/2015)

TEXT ORDER: On April 13, 2015, Defendants filed a Letter Request seeking a four week extension of time to file dispostive motions in this matter. Dkt. No. 48 . In their Letter Request, Defendants state that Palintiff has consented to this request. The request is GRANTED in part and DENIED in part. The Court will grant an extension of time for the parties to file their dispostive motions, however, the Court will not agree to extend the deadline by four weeks from the current deadline of May 1, 2015. The deadline to file dispositive motions is extended to May 15, 2015. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 4/14/2015. (mab) (Entered: 04/14/2015)

Letter Motion from Joseph F. Castiglione for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting A limited enlargement of the number of pages for the District's proposed Memorandum of Law that will be filed in support of the District's Motion for Summary Judgment submitted to Judge David N. Hurd . (Castiglione, Joseph) (Entered: 05/12/2015)

Endorsement ORDER granting 50 Letter Requesting permission to file a 40 page Memorandum of Law in Support of the District's Motion for Summary Judgment. Signed by Judge David N. Hurd on 5/13/2015. (see) (Entered: 05/13/2015)

MOTION for Summary Judgment Motion Hearing set for 6/26/2015 02:00 PM in Utica before Judge David N. Hurd Response to Motion due by 6/9/2015 Reply to Response to Motion due by 6/15/2015. filed by Disability Rights New York. (Attachments: # 1 Affidavit Attorney Declaration, # 2 Exhibit(s) Ex A - Redesignation, # 3 Exhibit(s) Ex B - Ans to Amd Compl., # 4 Exhibit(s) Ex C - Pl. Resp. Interrog - To be submitted under seal, # 5 Exhibit(s) Ex D - 6-18-14 Declaration of J Keegan, # 6 Exhibit(s) Ex. E - Def. Resp. Admiss., # 7 Exhibit(s) Ex. F - Def. Resp. Interrog., # 8 Exhibit(s) Ex. G - Dep. Trans. of J Keegan - to be submitted under seal, # 9 Exhibit(s) Ex. H - 6-12-14 Letter from Pl. to De., # 10 Exhibit(s) Ex. I - 6-16-14 Letter from De. to Pl., # 11 Exhibit(s) Ex. J - Temp Restr. Order, # 12 Exhibit(s) Ex. K - DRNY letter to Ct re TRO, # 13 Exhibit(s) Ex. L - Text Order, # 14 Exhibit(s) Ex. M - Letters from Pl to Defs. - to be submitted under seal, # 15 Exhibit(s) Ex. N - Letter from Defs. to Pl - to be submitted under seal, # 16 Statement of Material Facts Stmt of Material Facts, # 17 Memorandum of Law Memo of Law) (Keegan, Julie) (Entered: 05/14/2015)

1 Affidavit Attorney Declaration

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2 Exhibit(s) Ex A - Redesignation

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3 Exhibit(s) Ex B - Ans to Amd Compl.

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4 Exhibit(s) Ex C - Pl. Resp. Interrog - To be submitted under seal

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5 Exhibit(s) Ex D - 6-18-14 Declaration of J Keegan

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6 Exhibit(s) Ex. E - Def. Resp. Admiss.

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7 Exhibit(s) Ex. F - Def. Resp. Interrog.

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8 Exhibit(s) Ex. G - Dep. Trans. of J Keegan - to be submitted under seal

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9 Exhibit(s) Ex. H - 6-12-14 Letter from Pl. to De.

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10 Exhibit(s) Ex. I - 6-16-14 Letter from De. to Pl.

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11 Exhibit(s) Ex. J - Temp Restr. Order

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12 Exhibit(s) Ex. K - DRNY letter to Ct re TRO

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13 Exhibit(s) Ex. L - Text Order

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14 Exhibit(s) Ex. M - Letters from Pl to Defs. - to be submitted under seal

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15 Exhibit(s) Ex. N - Letter from Defs. to Pl - to be submitted under seal

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16 Statement of Material Facts Stmt of Material Facts

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17 Memorandum of Law Memo of Law

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TEXT NOTICE of Hearing advising counsel of TIME CHANGE ONLY of the Hearing on 52 MOTION for Summary Judgment : Motion Hearing set for 6/26/2015 at 10:00 AM in Utica before Judge David N. Hurd, unless otherwise instructed. (see)

First MOTION for Summary Judgment Motion Hearing set for 6/26/2015 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 6/9/2015 Reply to Response to Motion due by 6/15/2015. filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 05/15/2015)

AFFIDAVIT of Joseph F. Castiglione, Esq. in Support of the 53 First MOTION for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F, # 7 Exhibit(s) Exhibit G, # 8 Exhibit(s) Exhibit H, # 9 Exhibit(s) Exhibit I, # 10 Exhibit(s) Exhibit J, # 11 Exhibit(s) Exhibit K, # 12 Exhibit(s) Exhibit L, # 13 Exhibit(s) Exhibit M, # 14 Exhibit(s) Exhibit N, # 15 Exhibit(s) Exhibit O)(Castiglione, Joseph) (Entered: 05/15/2015)

AFFIDAVIT of Jessica R. Vigars, Esq. in Support of the 53 First MOTION for Summary Judgment Affirmation of Jessica R. Vigars, Esq. filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Attachments: # 1 Exhibit(s) Exhibits A - N for Afffirm of Jessica R. Vigars, Esq.)(Castiglione, Joseph) (Entered: 05/15/2015)

AFFIDAVIT of D. Joseph Corr in Support of the 53 First MOTION for Summary Judgment District's Affidavit of D.Joseph Corr in Support of Motion for Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Attachments: # 1 Exhibit(s) Exhibits to Aff. of D. Joseph Corr)(Castiglione, Joseph) (Entered: 05/15/2015)

AFFIDAVIT of Annette Trapini in Support of the 53 First MOTION for Summary Judgment District's Affidavit of Annette Trapini in Support of Motion for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Attachments: # 1 Exhibit(s) Exhibits A - Q of Aff. of Annette Trapini)(Castiglione, Joseph) (Entered: 05/15/2015)

AFFIDAVIT in Support of David Semo in Support of the 53 First MOTION for Summary Judgment District's Affidavit of David Semo in Support of Motion for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Attachments: # 1 Exhibit(s) Exhibits A - F to Aff. of David Semo)(Castiglione, Joseph) (Entered: 05/15/2015)

STATEMENT OF MATERIAL FACTS re 53 First MOTION for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 05/15/2015)

Letter to the Court Clerk regarding motion for summary judgment and confidential documents under seal re 53 First MOTION for Summary Judgment by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 05/15/2015)

MEMORANDUM OF LAW in Support of the 53 Motion for Summary Judgment, filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 05/15/2015)

***SEALED DOCUMENT/Letter enclosing SEALED EXHIBITS C, G, M, & N to the 52 Motion for Summary Judgement by Disability Rights New York. {Sealed pursuant to the 44 Stipulation & Order of Confidentiality and Oral Order of Judge David N. Hurd on 5/18/2015} (see) (Entered: 05/18/2015)

Letter Motion from Plaintiff DRNY for Disability Rights New York requesting Clarification of Docket Text and Briefing Schedule submitted to Judge D. N. Hurd . (Keegan, Julie) (Entered: 05/18/2015)

Letter Motion from Joseph F. Castiglione, Esq. for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Motion for Summary Judgment and service of opposition papers submitted to Judge Hon. David N. Hurd . (Castiglione, Joseph) (Entered: 05/18/2015)

TEXT ORDER advising the parties that the 52 and 53 Motions for Summary Judgment will be treated as separate motions, not cross-motions. The motion hearing is rescheduled to 7/10/2015 at 10:00 A.M. in Utica, NY before Judge David N. Hurd. Response to both Motions due by 6/23/2015. Reply to both Motions due by 6/29/2015. Pursuant to the Oral Order of Judge David N. Hurd on 5/20/2015. (see) (Entered: 05/20/2015)

Order on Letter Request AND Order on Letter Request

Joint Letter Motion for Disability Rights New York requesting Extension for Filing Reply Papers submitted to Judge David N. Hurd . (Keegan, Julie) (Entered: 06/16/2015)

TEXT ORDER: GRANTING 66 Joint Letter Motion for Disability Rights New York requesting extension of time for filing response and reply papers as to 53 First MOTION for Summary Judgment and 52 MOTION for Summary Judgment : The motion hearing is NOW rescheduled for Friday, July 24, 2015 with Oral Argument at 10:00AM in Utica, NY. before Judge David N. Hurd. Response to both motions due by 7/7/2015; Reply to Response to both motions due by 7/13/2015. So Ordered byJudge David N. Hurd on on 6/18/2015. (ptm) (Entered: 06/18/2015)

Order on Letter Request

Letter Motion from Joseph F. Castiglione, Esq. for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting an adjournment of the July 24, 2015 date for oral argument and requesting that the oral argument be rescheduled for either July 22, 23, 28 or 29, 2015 submitted to Judge Hon. David N. Hurd . (Castiglione, Joseph) (Entered: 06/23/2015)

NOTICE of Appearance by Thomas Spina, Jr on behalf of UNITED STATES OF AMERICA (Spina, Thomas) (Entered: 07/02/2015)

NOTICE by UNITED STATES OF AMERICA Notice of Intent to File a Statement of Interest (Spina, Thomas) (Entered: 07/02/2015)

LETTER BRIEF Statement of Interest by UNITED STATES OF AMERICA. (Spina, Thomas) (Entered: 07/02/2015)

Letter Motion from Joseph F. Castiglione for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting Extension of time to address new issues and legal and factual arguments raised by the U.S. Attorney's Office submitted to Judge David N. Hurd . (Castiglione, Joseph) (Entered: 07/02/2015)

TEXT ORDER granting 72 Letter Requesting an extension of time for filing response to 53 and 52 Motions for Summary Judgment. The motion hearing is NOW rescheduled for Friday, August 14, 2015 with oral argument at 10:00 am in Utica, NY before Judge David N. Hurd. Defendant's response to both motions and the United States' Statement of Interest due by 7/21/2015; Reply to response 7/27/2015. Pursuant to the Oral Order of Judge David N. Hurd on 7/6/2015. (see, ) (Entered: 07/06/2015)

Order on Letter Request AND Order on Letter Request

Letter Motion from Julie M. Keegan, Esq. for Disability Rights New York requesting Clarification of 7/6/15 Text Order submitted to Judge David N. Hurd . (Keegan, Julie) (Entered: 07/06/2015)

RESPONSE in Opposition re 53 First MOTION for Summary Judgment filed by Disability Rights New York. (Attachments: # 1 Memorandum of Law Plaintiff's Response to Defendants' Motion for Summary Judgment, # 2 Declaration Supplemental Declaration of Julie Keegan, # 3 Exhibit(s) Exhibit 1, # 4 Exhibit(s) Exhibit 2)(Monthie, Jennifer) (Entered: 07/07/2015)

TEXT ORDER: GRANTING 74 Letter Motion from Julie M. Keegan, Esq. for Disability Rights New York requesting Clarification of 7/6/15 Text Order regarding deadlines as to 53 First MOTION for Summary Judgment, and 52 MOTION for Summary Judgment . Motion Hearing for both Motions remains set for Friday, August 14, 2015 with Oral Argument at 10:00AM in Utica, NY before Judge David N. Hurd. Parties responses to both Motions are due by 7/21/2015 Parties replies ( if any) to the responses to the Motions are due by 7/27/2015. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 7/8/2015. (ptm) (Entered: 07/08/2015)

Order on Letter Request

Letter Motion from Joseph Castiglione for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting enlargement of number of pages for the proposed Memorandum of Law in Opposition submitted to Judge David N. Hurd . (Castiglione, Joseph) (Entered: 07/15/2015)

RESPONSE TO LETTER BRIEF filed by Disability Rights New York as to 77 Letter Request/Motion, filed by D. Joseph Corr, North Colonie Central Schools, North Colonie Board of Education Objecting to Expansion Request. (Keegan, Julie) (Entered: 07/16/2015)

REPLY in further Support of the 77 Letter Motion from Joseph Castiglione for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting enlargement of number of pages for the proposed Memorandum of Law in Opposition. (Castiglione, Joseph) (Entered: 07/20/2015)

TEXT ORDER: GRANTING: 77 Letter Motion from Joseph Castiglione, Esq. for D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools requesting enlargement of number of pages for the proposed Memorandum of Law in Opposition. Defendants may file a Memorandum of Law in opposition of no more than 40 pages. So Ordered by Judge David N. Hurd on 7/21/2015. (ptm) (Entered: 07/21/2015)

Order on Letter Request

AFFIDAVIT in Opposition re 52 MOTION for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 07/21/2015)

MEMORANDUM OF LAW in Opposition to 52 Motion for Summary Judgment In Opposition to DRNY's Motion for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 07/21/2015)

Defendants' Response to Plaintiff's Statement of Material Facts RESPONSE in Opposition re 52 MOTION for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 07/21/2015)

MEMORANDUM OF LAW in further Support of the 53 Motion for Summary Judgment The District Defendants' Memorandum of Law in Reply in Support of Their Motion for Summary Judgment filed by D. Joseph Corr, North Colonie Board of Education, North Colonie Central Schools. (Castiglione, Joseph) (Entered: 07/27/2015)

REPLY to Response to Motion re 52 MOTION for Summary Judgment filed by Disability Rights New York. (Attachments: # 1 Statement of Material Facts Reply to Defendants' Response to Plaintiff's Stmt of Mat. Facts)(Keegan, Julie) (Entered: 07/27/2015)