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

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

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

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

Marshall v. New York State Public High School Athletic Association

Marshall v. New York State Public High School Athletic Association

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

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

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

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

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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

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

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)

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)

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)

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

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)

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)

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

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

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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

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2 Memorandum in Support Memorandum of Law

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3 Affidavit Affidavits

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4 Witness and Exhibit List

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5 Certificate of Service

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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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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

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)

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

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

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

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)

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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

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

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

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)

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)

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

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)

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

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