D. C. et al v. Eldred Central School District et al

New York Southern District Court
Judge:	Cathy Seibel
Case #:	7:24-cv-09714
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights (Employment Discrimination)

Case Filed:

Dec 17, 2024

Docket
Parties (7)

Last checked: Saturday Feb 01, 2025 4:20 AM EST

Defendant Eldred Central School District	Represented By Gerald Stephen Smith, Jr Silverman And Associates contact info
Defendant Traci Ferreira	Represented By Gerald Stephen Smith, Jr Silverman And Associates contact info
Defendant Monique-Gale Messina	Represented By Gerald Stephen Smith, Jr Silverman And Associates contact info
Plaintiff T. B.
Plaintiff D. C.
Plaintiff Toajack Brown
Plaintiff Tie'Anna Collins	Represented By Jay M. Weinstein Jay M. Weinstein, Attorney At Law contact info

Docket last updated: 48 minutes ago

Tuesday, April 29, 2025
		misc Notice to Attorney Regarding Deficient Pleading Tue 04/29 3:56 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jay M. Weinstein to RE-FILE re: Document No. 21 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; all of the parties listed on the pleading were not entered on CM ECF; the All Defendant radio button was selected; the wrong filer/filers were selected for the pleading. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) Related: [-]
Monday, April 28, 2025
21		21 cmp Amended Complaint Mon 04/28 7:25 AM AMENDED COMPLAINT amending14 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Tie'Anna Collins. Related document:14 Amended Complaint,..(Weinstein, Jay) Related: [-]
Monday, April 07, 2025
20		20 order Memo Endorsement Mon 04/07 4:11 PM MEMO ENDORSEMENT on re:19 Letter filed by Toajack Brown. ENDORSEMENT: The Court sends its condolences to Mr. Brown's family. The Court cannot give advice as to how to proceed. If the family wishes to pursue the case, Mr. Weinstein should take the necessary steps. In the meantime, the case will move forward as scheduled with respect to the co-Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 4/7/2025) (mml) Related: [-]
Sunday, April 06, 2025
19		19 misc Letter Sun 04/06 12:51 PM LETTER addressed to Judge Cathy Seibel from Jay M. Weinstein dated April 6, 2025 re: Death of a plaintiff. Document filed by Toajack Brown..(Weinstein, Jay) Related: [-]
Friday, March 14, 2025
		minutes Pre-Motion Conference Sat 03/15 2:28 PM Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 3/14/2025. Plaintiffs' counsel Jay Weinstein, Esq. appears telephonically. Defendants' counsel Gerald Smith, Esq. appears telephonically. Law Clerk Abigail Tubin appears telephonically. The Court grants Plaintiff(s) leave to amend Complaint. Plaintiffs' Second Amended Complaint to be submitted by April 28, 2025. Defendants' Motion to Dismiss (or Answer) to be submitted by June 12, 2025; Plaintiff's opposition (if Motion filed) due June 30, 2025; Defendants' reply due July 14, 2025. This proceeding was recorded via the Cisco Webex platform. (wc) Related: [-]
Monday, February 24, 2025
18		18 order Order Mon 02/24 3:17 PM ORDER: Counsel for Plaintiff informed my chambers that he is unable to participate in tomorrow's conference because of an ongoing medical issue. The conference is therefore adjourned to 3/14/25 at 12:30 pm. Counsel for Plaintiff shall re-file the Amended Complaint, which has a filing error, at his earliest convenience. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (AT) Related: [-]
Thursday, February 06, 2025
17		17 order Order on Motion to Adjourn Conference Thu 02/06 11:25 AM ORDER granting16 Letter Motion to Adjourn Conference: The conference will remain on for 2/25/25 but it will be at 9:45 am. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) Related: [-]
Wednesday, February 05, 2025
16		16 motion Adjourn Conference Wed 02/05 5:35 PM LETTER MOTION to Adjourn Conference addressed to Judge Cathy Seibel from Gerald Smith dated February 5, 2025. Document filed by Eldred Central School District, Traci Ferreira, Monique-Gale Messina..(Smith, Gerald) Related: [-]
15		15 order Order Wed 02/05 3:44 PM ORDER: Counsel for Plaintiff left a message with my chambers indicating that he is unable to participate in tomorrow's conference because of an unexpected medical issue. The conference is therefore adjourned to 2/25/25 at 10:45 am. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy) Related: [-]
Monday, February 03, 2025
		misc Notice to Attorney Regarding Deficient Pleading Mon 02/03 2:49 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jay M. Weinstein to RE-FILE Document No. 14 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) Modified on 2/3/2025 (pc) Related: [-]
Friday, January 31, 2025
14		14 cmp Amended Complaint Fri 01/31 2:56 PM AMENDED COMPLAINT amending13 Amended Complaint against Eldred Central School District with JURY DEMAND.Document filed by Tie'Anna Collins. Related document:13 Amended Complaint..(Weinstein, Jay) Related: [-]
		misc Notice to Attorney Regarding Deficient Pleading Fri 01/31 1:34 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jay M. Weinstein to RE-FILE Document No. 13 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) Related: [-]
Thursday, January 30, 2025
13		13 cmp Amended Complaint Thu 01/30 12:03 PM AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Tie'Anna Collins..(Weinstein, Jay) Related: [-]
12		12 order Memo Endorsement ~Util - Set Deadlines Thu 01/30 11:37 AM MEMO ENDORSEMENT on re:11 Letter filed by Tie'Anna Collins. ENDORSEMENT: I always permit the plaintiff to amend after receiving the pre-motion letter but before motion practice, on the understanding that in all likelihood there will not be an opportunity to amend thereafter to address issues raised in the letter. So Plaintiffs may file the amended complaint and shall do so no later than 1/31/25. The conference will remain on, however, so that if Defendants still intend to move to dismiss, a schedule can be set, and if Defendants intend to answer, a discovery schedule can be set. SO ORDERED. (Amended Pleadings due by 1/31/2025.) (Signed by Judge Cathy Seibel on 1/30/2025) (mml) Related: [-]
Wednesday, January 29, 2025
11		11 misc Letter Wed 01/29 11:44 PM LETTER addressed to Judge Cathy Seibel from Jay M. Weinstein dated January 30, 2025 re: Pre-Motion Request by Defendants. Document filed by Tie'Anna Collins..(Weinstein, Jay) Related: [-]
		Att: 1 Exhibit proposed amended complaint
Friday, January 10, 2025
10		10 order Order on Motion for Conference Fri 01/10 3:41 PM ORDER granting9 Letter Motion for Conference: Telephonic Pre-Motion Conference set for 2/6/25 at 2:30 pm. The Webex call-in number is 855-244-8681 and the access code is 1809850784#. Plaintiffs shall respond to Defendants' letter no later than 1/30/25. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) Related: [-]
Thursday, January 09, 2025
9		9 motion Conference Thu 01/09 5:37 PM LETTER MOTION for Conference Regarding Defendants' Anticipated Motion To Dismiss addressed to Judge Cathy Seibel from Gerald Smith dated January 9, 2025. Document filed by Eldred Central School District, Traci Ferreira, Monique-Gale Messina..(Smith, Gerald) Related: [-]
Wednesday, December 18, 2024
8		8 notice Notice of Appearance Wed 12/18 1:46 PM NOTICE OF APPEARANCE by Jay M. Weinstein on behalf of Tie'Anna Collins..(Weinstein, Jay) Related: [-]
7		7 order Order on Motion for Extension of Time to File Wed 12/18 12:17 PM ORDER granting6 Letter Motion for Extension of Time to File: Defendants may have until 1/9/25 to respond to the Complaint. Counsel for Defendants shall promptly convey a copy of this text order to counsel for Plaintiffs, who shall promptly file a notice of appearance (or, if not admitted to this Court, promptly arrange to be admitted or for Plaintiffs to be represented by counsel who is admitted). (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) Related: [-]
6		6 motion Extension of Time to File Document Wed 12/18 11:33 AM LETTER MOTION for Extension of Time to File Defendants' Response To The Plaintiffs' Complaint addressed to Judge Cathy Seibel from Gerald S. Smith dated December 18, 2024. Document filed by Eldred Central School District, Traci Ferreira, Monique-Gale Messina..(Smith, Gerald) Related: [-]
		notice Case Opening Initial Assignment Notice Wed 12/18 10:34 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Wed 12/18 10:35 AM Magistrate Judge Victoria Reznik is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Wed 12/18 10:35 AM Case Designated ECF. (jgo) Related: [-]
		misc Notice to Attorney Regarding Party Modification Wed 12/18 10:37 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gerald Stephen Smith, Jr. The party information for the following party/parties has been modified: D. C.; TIE'ANNA COLLINS; T. B.; TOAJACK BROWN; TRACI FERREIRA; MONIQUE-GALE MESSINA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo) Related: [-]
Tuesday, December 17, 2024
5		5 notice Notice of Appearance Tue 12/17 3:12 PM NOTICE OF APPEARANCE by Gerald Stephen Smith, Jr on behalf of Eldred Central School District, TRACI FERREIRA, MONIQUE-GALE MESSINA..(Smith, Gerald) Related: [-]
4		4 misc Rule 7.1 Corporate Disclosure Statement Tue 12/17 3:12 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Eldred Central School District, TRACI FERREIRA, MONIQUE-GALE MESSINA..(Smith, Gerald) Related: [-]
3		3 notice Notice (Other) Tue 12/17 3:11 PM NOTICE of To Adverse Party of Removal. Document filed by Eldred Central School District, TRACI FERREIRA, MONIQUE-GALE MESSINA..(Smith, Gerald) Related: [-]
		Att: 1 Exhibit Notice of Removal,
		Att: 2 Exhibit State Court Complaint,
		Att: 3 Exhibit Affidavit Of Service,
		Att: 4 Exhibit Affidavit of Service,
		Att: 5 Exhibit Affidavit of Service
2		2 misc Civil Cover Sheet Tue 12/17 3:07 PM CIVIL COVER SHEET filed..(Smith, Gerald) Related: [-]
1		1 notice Notice of Removal Tue 12/17 3:05 PM NOTICE OF REMOVAL from Supreme Court, County of Sullivan. Case Number: E2024-1906. (Filing Fee $ 405.00, Receipt Number ANYSDC-30345700).Document filed by TRACI FERREIRA, MONIQUE-GALE MESSINA, Eldred Central School District..(Smith, Gerald) Related: [-]
		Att: 1 Exhibit State Court Complaint,
		Att: 2 Exhibit Affidavit Of Service,
		Att: 3 Exhibit Affidavit Of Service,
		Att: 4 Exhibit Affidavit of Service

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