Case: Marshall v. NYS Public High School Athletic Assn.

6:17-cv-06310 | U.S. District Court for the Western District of New York

Filed Date: May 17, 2017

Closed Date: March 15, 2019

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s representation of a student plaintiff who sought disability based exceptions to state high school league’s eligibility requirements.  On May 17, 2017, Disability Rights New York (NY) filed this lawsuit on behalf of student B.M. in the U.S. District Court for the Western District of New York.  Disability Rights NY alleged that the New York State High School Athletic Association violated Title II of the ADA and Section 504 when it did …

This is a case about a Protection and Advocacy (P&A) agency’s representation of a student plaintiff who sought disability based exceptions to state high school league’s eligibility requirements.  On May 17, 2017, Disability Rights New York (NY) filed this lawsuit on behalf of student B.M. in the U.S. District Court for the Western District of New York.  Disability Rights NY alleged that the New York State High School Athletic Association violated Title II of the ADA and Section 504 when it did not allow reasonable accommodations in its denying of an additional year of high school athletics participation eligibility and because it did not have a process for reviewing disability-based exception requests for contact sports. Judge Hon. Elizabeth A. Wolford presided.

This lawsuit began after B.M., who has disabilities and who did not graduate with his same-age peers because of his disability and, as included in his IEP, requested to an additional year of high school sports eligibility so he could participate in basketball and lacrosse during his fifth year of high school. On October 13, 2017, Disability Rights NY filed a motion for preliminary injunction to obtain the additional year of eligibility and the Association filed a motion to dismiss. On December 4, 2017, the court denied both the preliminary injunction motion and motion to dismiss.  DRNY filed a second amended complaint to seek compensatory damages, in addition to declaratory and injunctive relief.  On June 18, 2018, the Association filed another motion to dismiss, or in the alternative a motion for judgment on the pleadings, raising immunity and mootness defenses. The mootness defense rested on the fact that the student was soon to graduate. On March 15, 2019, the court denied the motion in part and allowed the Section 504 compensatory damages claims to continue but granted dismissal as to the ADA declaratory and injunctive relief claims.  Although part of the plaintiff's claim was allowed to proceed, there is no subsequent docket activity after March 15, 2019.

Summary Authors

NDRN (12/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6269940/parties/km-parent-on-behalf-of-bm-a-minor-child-v-new-york-state-public/


Attorney for Plaintiff

Barlow, Jessica Louise (New York)

Goldman, Simeon L. (New York)

Grossman, Elizabeth (New York)

Attorney for Defendant

Benitez, J. Richard (New York)

Gouldin, David M. (New York)

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Documents in the Clearinghouse

Document
1

6:17-cv-06310

Complaint

Marshall v. NYS Public High School Athletic Assn. et al

May 17, 2017

May 17, 2017

Complaint
19

6:17-cv-06310

First Amended Complaint

Marshall v. NYS Public High School Athletic Assn. et al

Sept. 15, 2017

Sept. 15, 2017

Complaint
38-2

6:17-cv-06310

Plaintiff's Memorandum of Law in Support of Motion for Preliminary Injunction

K.M. v. New York State Public High School Athletic Association

Oct. 13, 2017

Oct. 13, 2017

Pleading / Motion / Brief
58

6:17-cv-06310

Decision and Order

Marshall v. New York State Public High School Athletic Association

Dec. 4, 2017

Dec. 4, 2017

Order/Opinion

290 F.Supp.3d 290

81

6:17-cv-06310

Second Amended Complaint

Marshall v. New York State Public High School Athletic Association

May 3, 2018

May 3, 2018

Complaint
96

6:17-cv-06310

Decision and Order

Marshall v. NYS Public High School Athletic Assn. et al

March 15, 2019

March 15, 2019

Order/Opinion

374 F.Supp.3d 374

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6269940/km-parent-on-behalf-of-bm-a-minor-child-v-new-york-state-public/

Last updated April 7, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
3

Original Summons Filed. (Barlow, Jessica) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
2

Original Summons Filed. (Barlow, Jessica) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
1

COMPLAINT against All Defendants $ 400 receipt number 0209-2788605, filed by K.M., parent, on behalf of B.M., a minor child. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Barlow, Jessica) (Entered: 05/17/2017)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

May 17, 2017

May 17, 2017

Clearinghouse
4

Summons Issued as to New York State Public High School Athletic Association, Inc., Section IV of New York State Public High School Athletic Association, Inc.. (Attachments: # 1 NYS Public High School summons)(TF) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER

AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF)

May 18, 2017

May 18, 2017

PACER

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TF)

May 18, 2017

May 18, 2017

PACER

Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil opening. (TF)

May 18, 2017

May 18, 2017

PACER
5

MOTION to Withdraw as Attorney Elizabeth Grossman by K.M., parent, on behalf of B.M., a minor child.(Barlow, Jessica) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
6

TEXT ORDER granting 5 MOTION to Withdraw as Attorney Elizabeth Grossman. Attorney Elizabeth Grossman is terminated from this action. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/07/17. (PFC) -CLERK TO FOLLOW UP- (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
8

WAIVER OF SERVICE Returned Executed by K.M., parent, on behalf of B.M., a minor child. Section IV of New York State Public High School Athletic Association, Inc. waiver sent on 5/22/2017, answer due 7/21/2017. (Barlow, Jessica) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
7

WAIVER OF SERVICE Returned Executed by K.M., parent, on behalf of B.M., a minor child. New York State Public High School Athletic Association, Inc. waiver sent on 5/22/2017, answer due 7/21/2017. (Barlow, Jessica) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
10

STIPULATION AND ORDER, Answer due date updated as to New York State Public High School Athletic Association, Inc. answer due 8/21/2017. Signed by Hon. Elizabeth A. Wolford on 7/24/17. (TF) (Entered: 07/25/2017)

July 24, 2017

July 24, 2017

PACER
9

STIPULATION of Extended Answer Deadline for Defendant NYSPHAA by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
11

MOTION to appear pro hac vice of Renee L. James ( Filing fee $ 150 receipt number 0209-2862202.) by New York State Public High School Athletic Association, Inc.. (Attachments: # 1 Supplement Petition Pro Hac Vice, # 2 Supplement Sponsor Declaration, # 3 Supplement Civility Oath, # 4 Supplement Attorney Oath, # 5 Supplement Electronic Filing, # 6 Supplement Attorney Database, # 7 Supplement Cert. Good Standing)(Powers, John) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
13

TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/17/17. (TF) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
12

ANSWER to 1 Complaint by Section IV of New York State Public High School Athletic Association, Inc.. (Attachments: # 1 Certificate of Service)(Salkin, Justin) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER

ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF)

Aug. 18, 2017

Aug. 18, 2017

PACER
15

ANSWER to Complaint by New York State Public High School Athletic Association, Inc..(Murad, John) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
14

NOTICE of Appearance by John L. Murad, Jr on behalf of New York State Public High School Athletic Association, Inc. (Murad, John) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
16

ORDER granting 11 Motion for Pro Hac Vice. Signed by Hon. Jonathan W. Feldman on 8/22/17. (NNR) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER

ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF)

Aug. 22, 2017

Aug. 22, 2017

PACER
17

ORDER Scheduling Conference set for 10/4/2017 10:30 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 8/23/17. (NNR) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
21

MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2890654.) by Section IV of New York State Public High School Athletic Association, Inc.. (Attachments: # 1 Exhibit Admission Petition Form, # 2 Affidavit Sponsoring Affidavit, # 3 Exhibit Attorney's Oath, # 4 Exhibit Civility Principles Oath, # 5 Exhibit Attorney Database Information, # 6 Exhibit Electronic Case Filing System Registration Form, # 7 Text of Proposed Order Proposed Order)(Salkin, Justin) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
20

Original Summons Filed. (Barlow, Jessica) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
19

AMENDED COMPLAINT First against New York State Public High School Athletic Association, Inc., Section IV of New York State Public High School Athletic Association, Inc., filed by K.M., parent, on behalf of B.M., a minor child.(Barlow, Jessica) Modified on 12/19/2017 (LB). (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

Clearinghouse
18

STIPULATION Agreement by Parties for Leave to File First Amended Complaint by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
22

ORDER granting 21 Motion for Pro Hac Vice. Signed by Hon. Jonathan W. Feldman on 9/18/17. (NNR)-CLERK TO FOLLOW UP- (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
23

STIPULATION AND ORDER re filing of first amended complaint. Signed by Hon. Elizabeth A. Wolford on 9/21/17. (TF) (Entered: 09/22/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
24

Summons Issued as to Maryellen Elia. (TF) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
25

ANSWER to 19 Amended Complaint, by Section IV of New York State Public High School Athletic Association, Inc.. (Attachments: # 1 Certificate of Service)(Gouldin, David) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER

RE: 27 - SUMMONS Returned Executed by K.M., parent, on behalf of B.M., a minor child. Maryellen Elia served on 9/26/2017, answer due 10/17/2017. (TF)

Sept. 28, 2017

Sept. 28, 2017

PACER
29

DISCOVERY PLAN by K.M., parent, on behalf of B.M., a minor child.(Barlow, Jessica) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
28

MOTION for Leave to Appear Via phone at October 4, 2017 conference by Section IV of New York State Public High School Athletic Association, Inc..(Gouldin, David) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
27

AFFIDAVIT of Service for Amended Complaint and Summons served on John Walters for MeryEllen Elia, Commissioner of Education on September 26, 2017, filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
26

AFFIDAVIT of Service for Amended Complaint and Summons served on William H. Collins for the Office of the Attorney General on September 26, 2017, filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER

E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required RE 27 AFFIDAVIT of Service for Amended Complaint and Summons (TF)

Sept. 29, 2017

Sept. 29, 2017

PACER

E-Filing Notification: Incorrect event used to electronically file document. For future reference, send letter directly to chambers. No action required. 30 DISCOVERY PLAN by K.M., parent. Clerk to modify text to correct the name of the filing. (TF)

Oct. 2, 2017

Oct. 2, 2017

PACER
31

ORDER granting 28 Motion for Leave to Appear Telephonically for October 4, 2017 conference. Counsel for defendant Section IV is directed to call the conference center at 703-724-3100. When prompted for the number you wish to dial, enter 4000019#. When prompted for the security pin, enter 9999#. (BJJ) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
30

LETTER REQUEST to appear by telephone by K.M., parent, on behalf of B.M., a minor child.(Goldman, Simeon) Modified on 10/2/2017 (TF). (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
33

TEXT ORDER. Counsel for defendant NYSPHSAA's letter request dated October 3, 2017 to appear by phone for the scheduling conference is granted. Counsel is directed to call the conference center at 703-724-3100. When prompted for the number you wish to dial, enter 4000019#. When prompted for the security pin, enter 9999#. (BJJ) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
32

ORDER re 30 Request to Appear Telephonically for October 4, 2017 conference. Counsel for plaintiff is directed to call the conference center at 703-724-3100. When prompted for the number you wish to dial, enter 4000019#. When prompted for the security pin, enter 9999#. In the future, all counsel are directed to submit requests to appear telephonically via fax to chambers instead of filing motions electronically. (BJJ) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
35

STIPULATION of Substitution of Counsel by New York State Public High School Athletic Association, Inc.. (Murad, John) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
34

Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Scheduling Conference held on 10/4/2017. Appearances: Simeon L. Goldman, Esq. via telephone and Jessica Louise Barlow, Esq., in person, for plaintiff; Renee L. James, Esq. via telephone, for defendant NYSPHSAA; David M. Gouldin, Esq. and Justin L. Salkin, Esq., for defendant Section IV. Maryellen Elia, the state defendant, has not yet answered. The parties represented that they are amenable to mediation but need the state defendant's participation. The parties are to contact the Court to schedule another scheduling conference once the state defendant has answered. Until then, no scheduling order will be issued. (BJJ) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
36

Amended ANSWER to Complaint by New York State Public High School Athletic Association, Inc.. (Attachments: # 1 Certificate of Service)(James, Renee) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
42

TEXT ORDER re 37 MOTION for Preliminary Injunction NOTICE of MOTION, 38 MOTION for Preliminary Injunction, and 39 MOTION to Expedite Hearing on Plaintiff's Motion for Preliminary Injunction. A telephone conference is set for October 16, 2017, at 04:30 PM before Hon. Elizabeth A. Wolford. Each party is responsible for calling chambers by 12:00 P.M. on October 16, 2017, to receive the call-in information for the teleconference. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/13/2017. (PFC) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
41

AFFIDAVIT of Service for Motion for Expedited Hearing on Plaintiff's Motion for Preliminary Injunction served on NYS Office of Attorney General on 10/13/17, filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
40

AFFIDAVIT of Service for Motion for Preliminary Injunction and Accompanying Papers served on NYS Office of Attorney General on 10/13/17, filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
39

MOTION to Expedite Hearing on Plaintiff's Motion for Preliminary Injunction by K.M., parent, on behalf of B.M., a minor child. (Attachments: # 1 Motion to be Heard and Supporting Documents, # 2 Certificate of Service)(Barlow, Jessica) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
38

MOTION for Preliminary Injunction by K.M., parent, on behalf of B.M., a minor child. (Attachments: # 1 Amended Complaint, # 2 Memorandum in Support Memorandum of Law, # 3 Affidavit Affidavits, # 4 Witness and Exhibit List, # 5 Certificate of Service)(Barlow, Jessica) (Entered: 10/13/2017)

1 Amended Complaint

View on PACER

2 Memorandum in Support Memorandum of Law

View on Clearinghouse

3 Affidavit Affidavits

View on PACER

4 Witness and Exhibit List

View on PACER

5 Certificate of Service

View on PACER

Oct. 13, 2017

Oct. 13, 2017

PACER
37

NOTICE of MOTION for Preliminary Injunction re 38 MOTION by K.M., parent, on behalf of B.M., a minor child.(Barlow, Jessica) Modified on 10/16/2017 (TF). (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
45

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Simeone Goldman, Esq./pl. Jessica Barlow, Esq./pl; Renee James, Esq./def. J. Richard Benitez, Esq.; Telephone Conference held on 10/16/2017. Text order issued. (Court Reporter KB.) (LMD) Modified on 10/20/2017 (LMD). (Entered: 10/20/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER

Set/Reset Hearings: Motion Hearing set for 11/17/2017, at 09:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. (PFC)

Oct. 16, 2017

Oct. 16, 2017

PACER
43

TEXT ORDER granting 39 MOTION to Expedite Hearing on Plaintiff's Motion for Preliminary Injunction. Defendants' response to 38 MOTION for Preliminary Injunction is due by November 1, 2017. Plaintiff's reply is due by November 9, 2017. As discussed with counsel during today's telephone conference, any preanswer motion or answer filed on behalf of Commissioner Maryellen Elia must be filed on or before October 25, 2017. Plaintiff's response to any such motion is due by November 8, 2017, and the State's reply is due by November 13, 2017. A Motion Hearing (oral argument) is set for Friday, November 17, 2017, at 9:00 A.M. in U.S. Courthouse, 100 State Street, Rochester, NY 14614 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/16/2017. (PFC) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER

E-Filing Notification: Incorrect event used to electronically file document. For future reference, use NOTICE event. No action required. RE 37 MOTION for Preliminary Injunction/NOTICE of MOTION. Clerk to modify text and terminate motion. (TF)

Oct. 16, 2017

Oct. 16, 2017

PACER
44

NOTICE of Appearance by J. Richard Benitez on behalf of Maryellen Elia (Benitez, J. Richard) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
46

MOTION to Dismiss ( Responses due by 11/8/2017.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Maryellen Elia. (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(Benitez, J. Richard) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
47

AFFIDAVIT of David M. Gouldin in Opposition re 38 MOTION for Preliminary Injunction filed by Section IV of New York State Public High School Athletic Association, Inc.. (Gouldin, David) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
50

MEMORANDUM in Opposition re 37 MOTION for Preliminary Injunction NOTICE of MOTION filed by Maryellen Elia. (Benitez, J. Richard) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
49

MEMORANDUM in Opposition re 37 MOTION for Preliminary Injunction NOTICE of MOTION filed by New York State Public High School Athletic Association, Inc.. (James, Renee) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
48

AFFIDAVIT Robert Zayas in Opposition re 37 MOTION for Preliminary Injunction NOTICE of MOTION filed by New York State Public High School Athletic Association, Inc.. (Attachments: # 1 Exhibit Exhibit A)(James, Renee) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
51

ORDER granting plaintiff's request to submit a single, 25 page reply memo re 38 MOTION for Preliminary Injunction. Signed by Hon. Elizabeth A. Wolford on 11/3/17. (TF) (Entered: 11/06/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
53

AFFIRMATION filed by K.M., parent, on behalf of B.M., a minor child of Jessica Barlow in Support of Plaintiff's 52 Memorandum of Law in Opposition to Defendant Elia's Motion to Dismiss filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) Modified on 11/9/2017 (TF). (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
52

MEMORANDUM in Opposition re 46 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
55

AFFIRMATION re 54 Reply to Response to Motion filed by K.M., parent, on behalf of B.M., a minor child Affirmation of Jessica Barlow filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
54

REPLY to Response to Motion re 38 MOTION for Preliminary Injunction filed by K.M., parent, on behalf of B.M., a minor child. (Barlow, Jessica) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
56

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Plaintiff Brewster Marshall with Jessica Barlow, Esq.; Simeon Goldman, Esq./pl., Richard Benitez, AAG, Renee James, Esq. for NYSHAA and David Gouldin, Esq. for Section IV. Motion Hearing held on 11/17/2017 re 46 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maryellen Elia, 38 MOTION for Preliminary Injunction filed by K.M., parent, on behalf of B.M., a minor child. Court reserves decision. Text order to be issued modifying the name of the plaintiff in the caption. (Court Reporter Karen Bush.) (LMD) (Entered: 11/20/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
57

TEXT ORDER. On November 17, 2017, Plaintiff moved to substitute Brewster Marshall as the new party plaintiff in this action. Plaintiff's oral motion was received without objection. Accordingly, Plaintiff's motion is granted. The Clerk of Court is directed to terminate K.M. from this action and to substitute Brewster Marshall as the new party plaintiff. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/20/2017. (PFC)-CLERK TO FOLLOW UP- (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
58

DECISION AND ORDER denying 38 Motion for Preliminary Injunction; denying 46 Motion to Dismiss; denying 46 Motion to Dismiss for Failure to State a Claim. Signed by Hon. Elizabeth A. Wolford on 12/4/2017. (LMD) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

Clearinghouse
59

STIPULATION AND ORDER Defendant Commissioner MaryEllen Elia's time to answer the First Amended Complaint 19 is extended to 12/22/2017. Signed by Hon. Elizabeth A. Wolford on 12/18/2017. (LB) (Entered: 12/19/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
60

ANSWER to Complaint by Maryellen Elia.(Benitez, J. Richard) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
61

TEXT ORDER: Scheduling Conference set for 1/10/2018 12:30 PM before Hon. Jonathan W. Feldman. Parties to submit joint proposed discovery plan via fax no later than four business days prior to the conference. Counsel for all parties attending by phone are directed to call the conference center at 703-724-3100. When prompted for the number you wish to dial, enter 4000019#. When prompted for the security pin, enter 9999#. Signed by Hon. Jonathan W. Feldman on 12/27/2017. (BJJ) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER

ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF)

Dec. 27, 2017

Dec. 27, 2017

PACER
62

NOTICE by New York State Public High School Athletic Association, Inc. of Withdrawal of Appearance of John G. Powers as Counsel of Record (Powers, John) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
64

SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 2/1/2018. Motions to Join Parties/Amend Pleadings due by 3/30/2018. Plaintiff Expert Witness ID due by 7/27/2018. Defendant Expert Witness ID due by 8/27/2018. Discovery completed by 9/28/2018. Dispositive Motions due by 12/7/2018. Signed by Hon. Jonathan W. Feldman on 1/10/2018. (BJJ) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
63

Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Scheduling Conference held on 1/10/2018. Appearances: Sim Goldman, Esq. via telephone and Jessica Barlow, Esq., in person for plaintiffs; Renee James, Esq. via telephone for defendant NYSPHSAA; David Gouldin, Esq. via telephone for defendant Section IV; Richard Benitez, Esq. via telephone for defendant Maryellen Elia. The Court will issue a scheduling order. (BJJ) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
65

MOTION for Leave to File Second Amended Complaint by Brewster Marshall. (Attachments: # 1 Certificate of Service)(Barlow, Jessica) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
68

RULE 26 DISCLOSURE by Brewster Marshall.(Barlow, Jessica) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
67

RULE 26 DISCLOSURE by New York State Public High School Athletic Association, Inc..(James, Renee) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
66

TEXT ORDER re 65 MOTION for Leave to File Second Amended Complaint filed by Brewster Marshall, Responses due by 2/14/2018. Oral Argument set for 3/13/2018 02:00 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 1/31/18. (NNR) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
69

RULE 26 DISCLOSURE by Section IV of New York State Public High School Athletic Association, Inc..(Gouldin, David) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
70

MOTION for Leave to Appear phone appearance on 3/13/18 by Section IV of New York State Public High School Athletic Association, Inc..(Gouldin, David) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
71

MEMORANDUM in Opposition re 65 MOTION for Leave to File Second Amended Complaint filed by Maryellen Elia. (Benitez, J. Richard) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER
72

TEXT ORDER - Plaintiff's brief in support of 65 MOTION for Leave to File Second Amended Complaint filed by Brewster Marshall due by 2/26/2018. Any defendant objecting to the motion 65 shall submit such objections in writing by filing a brief substantiating their legal position if it has not been done already. Defendants' responses/replies due by 3/2/2018. Oral Argument remains set for 3/13/2018 02:00 PM before Hon. Jonathan W. Feldman. IT IS SO ORDERED. Signed by Hon. Jonathan W. Feldman on 2/17/18. (NNR) (Entered: 02/17/2018)

Feb. 17, 2018

Feb. 17, 2018

PACER
73

TEXT ORDER re 65 MOTION for Leave to File Second Amended Complaint filed by Brewster Marshall - per request submitted by J. Richard Benitez, Esq. Oral Argument reset for 4/5/2018 10:00 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 2/23/18. (NNR) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
74

MEMORANDUM/BRIEF re 65 MOTION for Leave to File Second Amended Complaint Brief in Support of Motion for Leave to File Second Amended Complaint by Brewster Marshall. (Attachments: # 1 Certificate of Service Certificate of Service)(Barlow, Jessica) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
75

MOTION for Leave to Appear Request to Appear by Phone for Motion Argument by Section IV of New York State Public High School Athletic Association, Inc..(Gouldin, David) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER

TEXT ORDER granting 70 Motion for Leave to Appear and 75 Motion for Leave to Appear. David Gouldin, Esq. is directed to call the conference center at 703-724-3100. When prompted for the number you wish to dial, enter 4100019#. When prompted for the security pin, enter 9999#. Signed by Hon. Jonathan W. Feldman on 3/28/18. (NNR)

March 28, 2018

March 28, 2018

PACER
76

TEXT ORDER re 65 MOTION for Leave to File Second Amended Complaint filed by Brewster Marshall. Per request submitted by J.Barlow, Esq. with consent of defendants' counsel Oral Argument reset for 5/1/2018 11:00 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 3/28/18. (NNR) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
78

ORDER granting 77 Motion for Leave to Appear. Plaintiff is allowed to listen in and is directed to call the conference center at 703-724-3100. When prompted for the number he wishes to dial, enter 4100019#. When prompted for the security pin, enter 9999#. Signed by Hon. Jonathan W. Feldman on 4/30/18. (NNR) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
77

MOTION for Leave to Appear by Phone by Brewster Marshall.(Barlow, Jessica) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
79

Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Motion Hearing held on 5/1/2018 re 65 MOTION for Leave to File Second Amended Complaint filed by Brewster Marshall. Appearances: J. Barlow, Esq. in person and S. Goldman, Esq. telephonically, for plaintiff; R. Benitez, AG's office, J. Mack, Esq. for defendant Section IV of NYS Public School Athletic Assn. Plaintiff's motion is granted. Scheduling order re: answer and dispositive motion deadlines is set. The Court will issue an order. (Court Reporter Digital recording.) (NNR) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
80

ORDER granting 65 Motion for Leave to File. Signed by Hon. Jonathan W. Feldman on 5/2/18. (NNR) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER

Answer due date updated as to Maryellen Elia answer due 5/21/2018 (Motion due by 6/15/2018) (TF)

May 3, 2018

May 3, 2018

PACER
81

AMENDED COMPLAINT Second against All Defendants, filed by Brewster Marshall.(Barlow, Jessica) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

Clearinghouse
82

Letter filed by Brewster Marshall as to Section IV of New York State Public High School Athletic Association, Inc., Maryellen Elia, New York State Public High School Athletic Association, Inc. re: Scheduling and Case Management Order. (Barlow, Jessica) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
85

TEXT ORDER re 82 Letter, filed by Brewster Marshall - the parties are instructed to submit their joint proposed amended scheduling order once the motion practice on defendant Elia's anticipated Motion to Dismiss is concluded. IT IS SO ORDERED. Signed by Hon. Jonathan W. Feldman on 5/11/18. (NNR) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
84

ANSWER to 81 Amended Complaint by Section IV of New York State Public High School Athletic Association, Inc..(Mack, Jared) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
83

NOTICE of Appearance by Jared R. Mack on behalf of Section IV of New York State Public High School Athletic Association, Inc. (Mack, Jared) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
86

ANSWER to 81 Amended Complaint by New York State Public High School Athletic Association, Inc..(James, Renee) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER

E-Filing Notification regarding 86 ANSWER to Amended Complaint : Incorrect case number on document. Action required: re-file document in proper format. (LB)

May 15, 2018

May 15, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 17, 2017

Closing Date: March 15, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

individual student with a disability

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Public High School Athletic Association, Inc., State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Juveniles

Disability and Disability Rights:

disability, unspecified

Reasonable Accommodations

Special education

Discrimination Basis:

Disability (inc. reasonable accommodations)

Discrimination Area:

Sports