Deabold v. Brennan et al
| New York Eastern District Court | |
| Judge: | Orelia E Merchant |
| Referred: | Arlene R Lindsay |
| Case #: | 2:23-cv-03035 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 29:0794 Job Discrimination (Handicap) |
| Case Filed: | Apr 21, 2023 |
| Terminated: | Aug 15, 2024 |
| Last checked: Wednesday Oct 18, 2023 5:00 AM EDT |
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Defendant
Gary Baldinger
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Represented By
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Defendant
Dr. William Brennan
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Represented By
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Defendant
Christopher Brooks
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Represented By
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Defendant
Jeanine Caramore
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Represented By
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Defendant
Cher Lepre
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Represented By
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Defendant
Massapequa Union Free School District Board Members Kerry Wachter
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Represented By
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Plaintiff
George Deabold
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Represented By
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GPO
Aug 15 2024
ORDER granting 19 Motion to Dismiss: For the reasons explained in the attached order, Defendants' motion to dismiss is GRANTED in its entirety. The Clerk is directed to enter judgment and close this case. Ordered by Judge Orelia E. Merchant on 8/15/2024. (CS) |
| Docket last updated: 04/24/2025 11:59 PM EDT |
| Thursday, August 15, 2024 | ||
| 26 | 26
order
Judgment - Clerk
Thu 08/15 1:26 PM
CLERK'S JUDGMENT: that Defendants' motion to dismiss is granted, and that the Complaint is dismissed in its entirety. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 8/15/2024. (JP) |
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| 25 | 25
13
pgs
order
Order on Motion to Dismiss
Thu 08/15 11:45 AM
ORDER granting19 Motion to Dismiss: For the reasons explained in the attached order, Defendants' motion to dismiss is GRANTED in its entirety. The Clerk is directed to enter judgment and close this case. Ordered by Judge Orelia E. Merchant on 8/15/2024. (CS) |
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| Friday, January 05, 2024 | ||
| 24 | 24
misc
Letter
Fri 01/05 8:09 AM
Letter Regarding Provision of Courtesy Copies of Motion Papers by Gary Baldinger, William Brennan, Christopher Brooks, Jeanine Caramore, Cher Lepre, Massapequa Union Free School District Board Members Kerry Wachter (Mehnert, Matthew) |
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| Wednesday, January 03, 2024 | ||
| 23 | 23
misc
Affidavit/Affirmation
Wed 01/03 4:59 PM
AFFIDAVIT/AFFIRMATION Affirmation in Opposition to Motion to Dismiss by George Deabold (Silberling, Stephen) |
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| Friday, December 22, 2023 | ||
| 22 | 22
respoth
Reply in Support
Fri 12/22 10:08 AM
REPLY in Support re19 MOTION to Dismiss filed by All Defendants. (Mehnert, Matthew) |
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| 21 | 21
17
pgs
respoth
Memorandum in Support
Fri 12/22 10:08 AM
MEMORANDUM in Support re19 MOTION to Dismiss filed by All Defendants. (Mehnert, Matthew) |
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| 20 | 20
respm
Affidavit/Declaration in Support of Motion
Fri 12/22 10:07 AM
AFFIDAVIT/DECLARATION in Support re19 MOTION to Dismiss filed by All Defendants. (Mehnert, Matthew) |
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Att: 1
Exhibit A - Complaint,
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Att: 2
Exhibit B - December 2, 2022 Letter,
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Att: 3
Exhibit C - Due Process Complaint Notice,
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Att: 4
Exhibit D - January 6, 2023 Letter
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| 19 | 19
motion
Dismiss
Fri 12/22 10:04 AM
MOTION to Dismiss by Gary Baldinger, William Brennan, Christopher Brooks, Jeanine Caramore, Cher Lepre, Massapequa Union Free School District Board Members Kerry Wachter. (Mehnert, Matthew) |
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| Monday, November 13, 2023 | ||
| 18 | 18
misc
Letter
Mon 11/13 3:42 PM
Letter Serving Motion to Dismiss by Gary Baldinger, William Brennan, Christopher Brooks, Jeanine Caramore, Cher Lepre, Massapequa Union Free School District Board Members Kerry Wachter (Mehnert, Matthew) |
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| Monday, October 16, 2023 | ||
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order
Scheduling Order
Mon 10/16 1:56 PM
SCHEDULING ORDER: The plaintiff has advised that he will not amend his complaint. The motion to dismiss briefing schedule is revised as follows: Defendants shall serve their moving papers on plaintiff by November 13, 2023; plaintiff shall serve an opposition on December 13 , 2023; defendants' reply, if any, is due by December 27 , 2023.Ordered by Judge Orelia E. Merchant on 10/16/2023. (CS) |
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| Friday, October 13, 2023 | ||
| 17 | 17
misc
Status Report
Fri 10/13 4:45 PM
STATUS REPORT by George Deabold (Silberling, Stephen) |
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| Monday, October 02, 2023 | ||
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order
Scheduling Order
Mon 10/02 11:19 AM
SCHEDULING ORDER: re16 : The Court's deadlines as set in its 9/6/2023 order are extended as follows: By October 13, 2023, Plaintiff shall submit any amended complaint and an updated status report indicating whether the parties have stipulated to dismissal of any of the counts or claims in the original complaint. The parties shall then brief the motion to dismiss the amended complaint (or original complaint if none is filed) according to the following schedule: Defendants shall serve their moving papers on plaintiff by December 13, 2023; plaintiff shall serve an opposition on November 29, 2023; defendants' reply, if any, is due by December 27, 2023.Ordered by Judge Orelia E. Merchant on 10/2/2023. (CS) |
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| Friday, September 29, 2023 | ||
| 16 | 16
misc
Status Report
Fri 09/29 4:45 PM
STATUS REPORT by George Deabold (Silberling, Stephen) |
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| Tuesday, September 26, 2023 | ||
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order
Order on Motion for Pre Motion Conference
Tue 09/26 7:31 PM
ORDER denying15 Motion for Pre Motion Conference. By letter dated September 20, 2023, defense counsel seeks what amounts to a protective order against the plaintiff in this case, Mr. Deabold ("Plaintiff"), on the basis that Deabold has repeatedly communicated directly with him (and others) via email over eight (8) times in the span of several hours that same day regarding statements made by defense counsel at the TRO hearing held in this matter on April 26, 2023, before Judge Azrack. See generally ECF15 and attachments. Deabold writes that he intends to report defense counsel to the bar grievance committee unless defense counsel "correct[s] the record." See id. ; See ECF [13-1] ("You have until the end of the day to correct the record or face possible discipline."); ECF [13-9] at 2 ("should you refuse I will file the written complaint"). Further, a review of the TRO transcript shows that Deabold's allegations do not match what was stated at TRO hearing. Compare ECF [15-1] at 1 with TRO Hearing Transcript (ECF11 ) at 8:7-11). Additionally, Deabold has contacted former employers of defense counsel, who have asked not to be further included. See ECF [13-10]. Defense counsel has only responded once to Deabold and only to remind Deabold that any communications to him should be made through Deabolds counsel. See ECF 13-2. It should be made clear that Deabold has been at all times represented by counsel, Attorney Silberling, and Attorney Silberling is included on the email communications with the Deabold and defense counsel. See, e.g. , ECF [13-1], [13-2]. Defense counsel requests a protective order barring the Deabold from contacting him directly about this case. See ECF 15 at 2. However, defense counsel provides no basis of authority upon which the Court may act upon such request. Thus, the motion is DENIED on these grounds.Nonetheless, a "federal court... may exercise its inherent power to sanction a party or an attorney who has 'acted in bad faith, vexatiously, wantonly, or for oppressive reasons.'" Abreu v. Receivable Collection Servs. , LLC, No. 18-CV-04103(PKC)(LB), 2019 WL 1876722, at *2 (E.D.N.Y. Apr. 26, 2019) (quoting Ransmeier v. Mariani , 718 F.3d 64, 68 (2d Cir. 2013)). "Courts of justice are universally acknowledged to be vested, by their very creation, with power to impose silence, respect, and decorum, in their presence, and submission to their lawful mandates." Chambers v. NASCO, Inc. , 501 U.S. 32, 43 (1991) (citation omitted). "These powers are governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Id. (citation and quotation marks omitted). See Mickle v. Morin , 297 F.3d 114, 125 (2d Cir. 2002) ("A court has the inherent power to supervise and control its own proceedings and to sanction counsel or a litigant for bad-faith conduct."). While the Court does not make any factual findings at this time or impose sanctions, Deabold's conduct is nonetheless troubling. The Court is equally concerned if Attorney Silberling has not intervened with respect to his client's conduct. All counsel and parties are advised and are hereby on notice that any further reports of such conduct will result in an in-person hearing to show cause before the Court and that the Court may impose the necessary sanctions to deter such conduct, up to and including dismissal of the action. See Mickle , 297 F.3d at 126 (discussing due process involved in imposing sanctions). Ordered by Judge Orelia E. Merchant on 9/26/2023. (CS) |
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| Wednesday, September 20, 2023 | ||
| 15 | 15
motion
Pre Motion Conference
Wed 09/20 4:35 PM
MOTION for pre motion conference Seeking Protective Order by Gary Baldinger, William Brennan, Christopher Brooks, Jeanine Caramore, Cher Lepre, Massapequa Union Free School District Board Members Kerry Wachter. (Mehnert, Matthew) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K
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| Wednesday, September 06, 2023 | ||
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minutes
Pre Motion Conference
Wed 09/06 4:28 PM
Minute Entry for proceedings held before Judge Orelia E. Merchant: Telephone Pre-Motion Conference held on September 6, 2023. Stephen P. Silberling appeared on behalf of the plaintiff; Matthew J. Mehnet appeared on behalf of the defendant. Case called. Conference held. By September 29, 2023, Plaintiff shall submit any amended complaint and a status report indicating whether the parties have stipulated to dismissal of any of the counts or claims in the original complaint. The parties shall then brief the motion to dismiss the amended complaint (or original complaint if none is filed) according to the following schedule: Defendants shall serve their moving papers on plaintiff by October 30, 2023; plaintiff shall serve an opposition on November 29, 2023; defendants' reply, if any, is due by December 13, 2023. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. See Individual Practice Rules, Part III.F. (Court Reporter Sophie Nolan.) (TPL) |
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| Wednesday, August 30, 2023 | ||
| 14 | 14
misc
Status Report
Wed 08/30 5:04 PM
STATUS REPORT by George Deabold (Silberling, Stephen) |
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| 13 | 13
misc
Status Report
Wed 08/30 1:56 PM
STATUS REPORT by Gary Baldinger, William Brennan, Christopher Brooks, Jeanine Caramore, Cher Lepre, Massapequa Union Free School District Board Members Kerry Wachter (Mehnert, Matthew) |
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| Tuesday, July 25, 2023 | ||
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order
Scheduling Order
Tue 07/25 11:25 AM
SCHEDULING ORDER : The Court has reviewed the parties pre-motion letters, ECF9 ,10 , and issues the following orders. First, to the extent the plaintiff's affidavit attached to the response letter seeks reconsideration of Judge Azrack's order denying the TRO, see ECF 10-1 at 3, that request is DENIED as it fails to provide any controlling decisions or data the Court has overlooked. Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir.1995) ("The standard for granting such a motion is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked matters, in other words, that might reasonably be expected to alter the conclusion reached by the court."). Second, the Court GRANTS the defendants' request for a pre-motion conference and will hold a hearing on September 6, 2023 , at 11:00am to address the contentions raised in the letters as well as any outstanding requests for injunctive relief. By August 30, 2023, the parties shall file a status update regarding to the plaintiff's ability access to district hearings and how, if in any way, this affects the plaintiff's claims for injunctive and/or declaratory relief. The parties are directed to call the toll-free number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 161 894 3869 and then press #. (2) Press # again. (3) Enter the passcode: 716074. The parties shall dial in five (5) minutes before the conference. Ordered by Judge Orelia E. Merchant on 7/25/2023. (TPL) |
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order
Order on Motion for Pre Motion Conference
Tue 07/25 5:07 PM
ORDER granting9 Motion for Pre-Motion Conference. See 7/25/2023 scheduling order. Ordered by Judge Orelia E. Merchant on 7/25/2023. (CS) |
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order
Order on Motion for Pre Motion Conference
Tue 07/25 5:08 PM
ORDER finding as moot10 Motion for Pre-Motion Conference. See 7/25/2023 scheduling order. Ordered by Judge Orelia E. Merchant on 7/25/2023. (CS) |
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| Tuesday, July 11, 2023 | ||
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utility
Case Assigned/Reassigned
Tue 07/11 11:12 AM
Case reassigned to Judge Orelia E. Merchant. Judge Joan M. Azrack no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LF) |
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| Tuesday, June 20, 2023 | ||
| 11 | 11
misc
Transcript
Wed 06/21 8:58 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 26, 2023, before Judge Joan M. Azrack. Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2023. Redacted Transcript Deadline set for 7/21/2023. Release of Transcript Restriction set for 9/18/2023. (DC) |
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| Friday, June 16, 2023 | ||
| 10 | 10
motion
Pre Motion Conference
Fri 06/16 4:50 PM
Letter MOTION for pre motion conference response to defendants' letter requesting permission to file a motion to dismiss by George Deabold. (Silberling, Stephen) |
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Att: 1
Affidavit Affidavit by plaintiff George Deabold referred to in letter,
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Att: 2
Exhibit Photograph of George Deabold sign offering free representation for educational advocacy
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| Wednesday, May 17, 2023 | ||
| 9 | 9
motion
Pre Motion Conference
Wed 05/17 10:14 AM
MOTION for pre motion conference Seeking Permission to File Motion to Dismiss by Gary Baldinger, William Brennan, Christopher Brooks, Jeanine Caramore, Cher Lepre, Massapequa Union Free School District Board Members Kerry Wachter. (Mehnert, Matthew) |
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| Thursday, May 11, 2023 | ||
| 8 | 8
motion
Extension of Time to File Response/Reply
Thu 05/11 12:50 PM
Consent MOTION for Extension of Time to File Response/Reply to letter requesting permission to file motion to dismiss by George Deabold. (Silberling, Stephen) |
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Att: 1
Affidavit Affidavit of Nicole Trainor- Exhibit A to Affirmation of Vacation and in Further Support,
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Att: 2
Affidavit Affidavit of Beverley Del Greco--Exhibit B to Affirmation of Vacation and in Further Support,
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Att: 3
Affidavit Affidavit of Allyson Crowley-- Exhibit C to Affirmation of Vacation and in Further Support,
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Att: 4
Affidavit Affidavit of Nicole Cody--Exhibit D of Affirmation of Vacation and in Further Support,
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Att: 5
Affidavit Affidavit of George Deabold--Exhibit E of Affirmation of Vacation and in Further Support,
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Att: 6
Affidavit Affidavit of Nicole Trainor (Dias) w attachments-- Exhibit F to Affirmation of Vacation and in Further Support
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 05/11 1:30 PM
ORDER granting DE8 Motion for Extension of Time to File Response/Reply. On consent, the deadline for Plaintiff to respond to Defendant's pre-motion letter is extended to and including 6/16/2023. Ordered by Judge Joan M. Azrack on 5/11/2023. (MB) |
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| Wednesday, May 10, 2023 | ||
| 7 | 7
notice
Notice of Appearance
Wed 05/10 8:41 AM
NOTICE of Appearance by Matthew J. Mehnert on behalf of Gary Baldinger, William Brennan, Christopher Brooks, Jeanine Caramore, Cher Lepre, Massapequa Union Free School District Board Members Kerry Wachter (aty to be noticed) (Mehnert, Matthew) |
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| Wednesday, May 03, 2023 | ||
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order
Scheduling Order
Wed 05/03 12:55 PM
SCHEDULING ORDER: The Court has received and reviewed a viewable copy of the video referenced at the 4/26/2023 conference, and determined that an additional in-person conference is unnecessary at this juncture. To the extent Defendants intend to move to dismiss the Complaint, they must first file a pre-motion letter pursuant to Rule IV.B of the undersigned's Individual Rules. Such a letter must be filed by or before 5/17/2023. Plaintiff's response, if any, is due by or before 5/31/2023. Ordered by Judge Joan M. Azrack on 5/3/2023. (MB) |
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| Friday, April 28, 2023 | ||
| 6 | 6
misc
Redacted Document
Fri 04/28 3:32 PM
REDACTION to1 Complaint Redacted Exhibit C, consents from parents of disabled children for Deabold's representation by George Deabold (Silberling, Stephen) |
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| Wednesday, April 26, 2023 | ||
| 5 | 5
minutes
Status Conference Order on Motion to Show Cause
Wed 04/26 3:53 PM
MINUTE ORDER for proceedings held before Judge Joan M. Azrack: Civil Cause for STATUS CONFERENCE held on 4/26/2023. Appearances: For Plaintiff: Stephen Silberling. For Defendants: Matthew Mehnert, Ryan Goldberg. Case called. Counsel present for all sides. Other: TRO2 denied. Counsel for plaintiff to submit a viewable copy of the video. A briefing schedule will be set forthwith. Counsel for defendant acknowledges service of the complaint. Plaintiff to file a redacted version of the complaint. (LC) |
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| Monday, April 24, 2023 | ||
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order
Scheduling Order
Mon 04/24 11:30 AM
SCHEDULING ORDER: An in-person conference regarding Plaintiff's motion for a temporary restraining order is set for Wednesday, April 26, 2023 at 1:30 p.m. in Courtroom 920 of the Central Islip courthouse. Counsel for Plaintiff is directed to serve defense counsel with a copy of this Order. Ordered by Judge Joan M. Azrack on 4/24/2023. (MB) |
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| Friday, April 21, 2023 | ||
| 4 | 4
service
Summons Issued
Fri 04/21 3:36 PM
Summons Issued as to All Defendants. (LJ) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Fri 04/21 3:12 PM
Proposed Summons. by George Deabold (LJ) |
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| 2 | 2
motion
Show Cause
Fri 04/21 3:10 PM
MOTION for Order to Show Cause by George Deabold. (LJ) |
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Att: 1
Affirmation in Support of Order to Show Cause
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| 1 | 1
cmp
Complaint
Fri 04/21 3:04 PM
COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by George Deabold. (LJ) |
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Att: 1
Civil Cover Sheet
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misc
Filing Fee Received
Fri 04/21 3:05 PM
FILING FEE: $ 402, receipt number 200001487 (LJ) |
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