1
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COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 274604 (ricm) (Entered: 11/12/1996)
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Nov. 8, 1996
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Nov. 8, 1996
Clearinghouse
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2
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Rule 9 certificate filed by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene (ricm) (Entered: 11/12/1996)
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Nov. 8, 1996
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Nov. 8, 1996
PACER
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Magistrate Judge Katz is so Designated. (ricm)
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Nov. 8, 1996
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Nov. 8, 1996
PACER
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3
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Affidavit of service as to NYS Education Dept. by Ms Sylvia More, Recept. at the Office of Dennis Vacco, Attny. Gen., 120 Bdwy., NY, NY 10271 on 11/12/96 Answer due on 12/2/96 for NYS Education Dept. (ls) (Entered: 11/19/1996)
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Nov. 15, 1996
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Nov. 15, 1996
PACER
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4
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Filed Memo_Endorsement on letter from Brigitte Duffy dated 11/27/96, reset answer due for 1/6/97 for NYS Education Dept., for Board of Education...SO ORDERED... ( signed by Judge Deborah A. Batts ) (ls) (Entered: 12/03/1996)
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Dec. 2, 1996
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Dec. 2, 1996
PACER
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5
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STIPULATION, reset answer due for 1/17/97 for NYS Education Dept. ( signed by Judge Deborah A. Batts ). (kw) (Entered: 12/11/1996)
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Dec. 11, 1996
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Dec. 11, 1996
PACER
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6
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Filed Memo_Endorsement on letter from Brigitte Duffy dated 12/23/96, reset answer due for 1/17/97 for NYS Education Dept., for Board Education....SO ORDERED... ( signed by Judge Deborah A. Batts ) (ls) (Entered: 01/03/1997)
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Jan. 2, 1997
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Jan. 2, 1997
PACER
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7
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STIPULATION, Plaintiffs will serve their opposition to the motions to dismiss on or before 3/17/97, Defendants will serve and file their reply papers on or before 3/31/97. ( signed by Judge Deborah A. Batts ). (kw) (Entered: 03/06/1997)
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March 5, 1997
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March 5, 1997
PACER
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8
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Filed Memo_Endorsement on letter dated 3/10/97, for leave to file opposition brief exceeding the page limit .....So Ordered...( signed by Judge Deborah A. Batts ) (pl) (Entered: 03/20/1997)
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March 20, 1997
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March 20, 1997
PACER
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11
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Affidavit of service of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motions to Dismiss the Complaint as to Board of Education, NYS Education Dept. by mail on 3/17/97 (ae) (Entered: 04/02/1997)
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March 31, 1997
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March 31, 1997
PACER
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12
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NOTICE OF MOTION by NYS Education Dept. pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint on the grounds thatthe amended complaint fails to state a claim upon which relief can be granted., Return date 3/17/97 (ae) (Entered: 04/03/1997)
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March 31, 1997
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March 31, 1997
PACER
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13
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MEMORANDUM OF LAW by NYS Education Dept. in support of [12-1] motion pursuant to Rule 12(b)(6) of the FRCP, dismissing complaint on the grounds thatthe amended complaint fails to state a claim upon which relief can be granted. (ae) (Entered: 04/03/1997)
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March 31, 1997
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March 31, 1997
PACER
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14
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REPLY MEMORANDUM OF LAW by NYS Education Dept. in further support of re: [12-1] motion pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint on the grounds thatthe amended complaint fails to state a claim upon which relief can be granted. (ae) (Entered: 04/03/1997)
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March 31, 1997
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March 31, 1997
PACER
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15
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MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in opposition to [12-1] motion pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint on the grounds thatthe amended complaint fails to state a claim upon which relief can be granted. (ae) (Entered: 04/03/1997)
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March 31, 1997
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March 31, 1997
PACER
|
9
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Filed Memo_Endorsement on letter by Brigitte Duffy to Judge Batts dated 3/27/97, Granted. Extending time for municipal defendants to reply plaintiff's opposition papers to 4/4/97 to motion to dismiss the complaint. ( signed by Judge Deborah A. Batts ) (ae) (Entered: 04/02/1997)
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April 1, 1997
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April 1, 1997
PACER
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10
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Filed Memo_Endorsement on letter from Martin Bienstock dated 03/28/97, .. requests leave to file a 15-page reply brief, 5 pages above the limit specified in the Court's Rules. GRANTED. SO ORDERED. (signed by Judge Deborah A. Batts) (djc) (Entered: 04/02/1997)
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April 1, 1997
|
April 1, 1997
PACER
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16
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NOTICE OF MOTION by Board of Education pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint on the ground that it fails to state a claim upon which relief may be granted., Return date 3/17/97 (ae) Modified on 04/07/1997 (Entered: 04/07/1997)
|
April 4, 1997
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April 4, 1997
PACER
|
17
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MEMORANDUM OF LAW by Board of Education in support of [16-1] motion pursuant to Rule 12(b)(6) of the FRCP, dismissing complaint on the ground that it fails to state a claim upon which relief may be granted. (ae) (Entered: 04/07/1997)
|
April 4, 1997
|
April 4, 1997
PACER
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18
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REPLY MEMORANDUM OF LAW by Board of Education in support of re: [16-1] motion pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint on the ground that it fails to state a claim upon which relief may be granted. (ae) (Entered: 04/07/1997)
|
April 4, 1997
|
April 4, 1997
PACER
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19
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STIPULATION and PROTECTIVE ORDER; regarding procedures that will govern the handling of "Confidential Materials" . ( signed by Judge Deborah A. Batts ) (sn) (Entered: 04/05/2000)
|
March 31, 2000
|
March 31, 2000
PACER
|
20
|
Notice of reassignment to Judge Constance B. Motley. Copy of notice and judge's rules mailed to Attorney(s) of record: Barbara J. Olshansky. (em) (Entered: 04/19/2000)
|
April 12, 2000
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April 12, 2000
PACER
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21
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ORDER; set pre-trial conference for 2:00 p.m. on 5/31/00 in Courtroom 26-A in the United States Courthouse at 500 Pearl Street. The parties should be prepared to argue any outstanding motions ; (signed by Judge Constance B. Motley ); Copies mailed. (djc) (Entered: 05/09/2000)
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May 8, 2000
|
May 8, 2000
PACER
|
23
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ORDER; all discovery cutoff 11/30/00; each party's pre-trial memorandum and a joint pretrial order to be submitted on or before 3/30/01; the next pretrial conference will be held in Room 26A on 4/16/01 @10:00 a.m. at which time all motions will be heard; the trial will commence on 4/30/01 @ 10:00 a.m., proceeding which there will be a final pre-trial conference in Room 26A. (the lawyer who will try the case must attend); Class Certification motion by 12/8/00 response to motion deadline 12/21/00; reply to response to motion deadline 1/5/01; the parties are to meet on or before 7/31/00 and exchange all documents, of any description, relevant to this case. Sanctions will be imposed for failure to produce any relevant documents; no interrogatories are to be served, except those seeking the location or identity of prospective witnesses or deponents; thereafter, on 9/18/00, the parties are to meet and prepare a schedule of all depositions to be taken during the period 10/02/00 to 10/31/00. A copy of the schedule shall be sent to the court; the motions to dismiss filed by both the City and State Defendants are denied, without prejudice to renew after all discovery has been completed and a pre-trial memo from each party and a joint pre-trial order has been filed; no motion for summary judgment will be entertained until all discovery has been completed and a pre-trial memo from each party and a joint pretrial order has been filed; sanctions will be imposed on the state for failure to appear at this pre-trial conference; there will be no extensions of time granted as to this schedule; sanctions will be imposed for failure to abide by this schedule; all parties are instructed to thoroughly familiarized themselves with this Court's "Memorandum to all Attorneys." copies are available in Chambers . ( signed by Judge Constance B. Motley ); Copies mailed. (pl) Modified on 06/22/2000 (Entered: 06/20/2000)
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June 15, 2000
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June 15, 2000
PACER
|
22
|
ORDER; for the reasons stated herein, the Court hereby revokes the sanctions imposed against the State of New York in the Order of 5/31/00 . ( signed by Judge Constance B. Motley ); Copies mailed. (sn) (Entered: 06/20/2000)
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June 16, 2000
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June 16, 2000
PACER
|
24
|
Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 5/31/00. (lf) (Entered: 07/10/2000)
|
July 10, 2000
|
July 10, 2000
PACER
|
25
|
ANSWER to Complaint and CROSSCLAIM by Board of Education (Attorney Bryan D. Glass from the Corporation Counsel of the City of New York) against NYS Education Dept. (kw) (Entered: 09/22/2000)
|
Sept. 20, 2000
|
Sept. 20, 2000
PACER
|
26
|
ORDER, parties in this action are directed to appear for a pre-trial conference on 11/15/00 at 11:00 a.m. in Courtroom 26A in the U.S. Courthouse at 500 Pearl St, to discuss issues regarding the enforcement of pltff's subpoena against National Evaluation Systems, Inc. ( signed by Judge Constance B. Motley ); Copies mailed. (sac) (Entered: 11/03/2000)
|
Nov. 2, 2000
|
Nov. 2, 2000
PACER
|
27
|
NOTICE OF MOTION by non-party National Evaluation Systems, Inc.; for an order pursuant to Rules 26 & 45 of the F.R.C.P. to modify supoena ; and for entery of a protective Order ; w/ attch memorandum in support; Return date: not indicated; (pl) Modified on 10/09/2001 (Entered: 11/09/2000)
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Nov. 8, 2000
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Nov. 8, 2000
PACER
|
28
|
ORDER, all discovery shall be concluded by all parties no later than 6/30/01; each party's pre-trial memorandum and a joint pre-trial order must be submitted by 9/28/01; the next pre-trial conference shall be held on 10/25/01 at 10:00 a.m.; the trial will commence on 11/5/01 at 10:00 a.m., preceding which there will be a final pre-trial conference. (The lawyers who will try the case must attend.) The parties are to meet by 12/15/00 and exchange all documents, of any description, relevant to this case. Sanctions will be imposed for failure to produce any relevant document. Thereafter, on 5/15/01, the parties are to meet and prepare a schedule of all depositions to be taken during the period 6/1/01 to 6/22/01. A copy of the schedule shall be sent to the court. All depositions of defendants, already set, may proceed as scheduled. No interrogatories are to be served, except those seeking the location or identity of prospective witnesses or deponents. There will be no extensions of time granted as to this schedule. Sanctions will be imposed for failure to abide by this schedule. National Education Systems (NES), non-party, is directed to produce by 11/30/00 for inspection and copying by plaintiffs' counsel all documents which disclose the tests given to teachers in NYC and all data which are used in creating the tests, as set forth by NES counsel on the record on this date. Plaintiffs' counsel may show this material and share this material with their experts only. No materials may be shown to plaintiffs, except for good cause approved by this court. Class certification motion must be filed by 2/15/01 and will be heard on 4/16/01 at 11:00 a.m. ( signed by Judge Constance B. Motley ); Copies mailed. (kw) (Entered: 11/20/2000)
|
Nov. 16, 2000
|
Nov. 16, 2000
PACER
|
29
|
Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 11/15/00. (db) (Entered: 12/28/2000)
|
Dec. 28, 2000
|
Dec. 28, 2000
PACER
|
30
|
ORDER, reset 4/16/01 pre-trial conference for 11:00 4/17/01 ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 01/05/2001)
|
Jan. 4, 2001
|
Jan. 4, 2001
PACER
|
31
|
ANSWER to Complaint by NYS Education Dept. (Attorney Frederic L. Lieberman from the Firm: Attorney General of the State of New York). (kw) (Entered: 01/18/2001)
|
Jan. 17, 2001
|
Jan. 17, 2001
PACER
|
32
|
ANSWER by NYS Education Dept. to [25-2] cross claim. (kw) (Entered: 01/18/2001)
|
Jan. 17, 2001
|
Jan. 17, 2001
PACER
|
33
|
NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences . Return date 4/17/01. (Rec'd in night deposit box 2/26/01 5:12 PM) (sn) (Entered: 02/28/2001)
|
Feb. 26, 2001
|
Feb. 26, 2001
PACER
|
34
|
MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in support of [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences. (Rec'd in night deposit box 2/26/01 5:12 PM) (sn) (Entered: 02/28/2001)
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Feb. 26, 2001
|
Feb. 26, 2001
PACER
|
35
|
NOTICE of attorney appearance for Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene by Joshua Samuel Sohn. (djc) (Entered: 03/28/2001)
|
March 27, 2001
|
March 27, 2001
PACER
|
36
|
MEMORANDUM OF LAW by NYS Education Dept. in opposition to [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences. (kkc) (Entered: 04/03/2001)
|
March 30, 2001
|
March 30, 2001
PACER
|
37
|
AFFIDAVIT of Frederic L. Lieberman by NYS Education Dept. in opposition to [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences. (kkc) (Entered: 04/03/2001)
|
March 30, 2001
|
March 30, 2001
PACER
|
38
|
MEMORANDUM OF LAW by Board of Education in opposition to [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences. (kkc) (Entered: 04/03/2001)
|
March 30, 2001
|
March 30, 2001
PACER
|
39
|
DECLARATION of Bryan D. Glass by Board of Education in opposition Re: [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences. (kkc) (Entered: 04/03/2001)
|
March 30, 2001
|
March 30, 2001
PACER
|
40
|
REPLY MEMORANDUM by Elsa Gulino, Mayling Ralph, Peter Wilds, and Nia Greene in support of re: [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences. (kw) (Entered: 04/11/2001)
|
April 9, 2001
|
April 9, 2001
PACER
|
41
|
ORDER, reset pre-trial conference for 11:00 5/10/01 . ( signed by Judge Constance B. Motley ); Copies mailed. (ae) (Entered: 04/12/2001)
|
April 12, 2001
|
April 12, 2001
PACER
|
42
|
PRE-TRIAL SCHEDULING ORDER: All discovery cutoff 10/30/01; Pre-trial memorandum and a Joint Pretrial order to be submitted on or before 12/31/01; Next pretrial conference set for 11:00 1/28/02; Trial will commence on 4/8/02 @11:00am preceding which there will be a final pre-trial conference in Room 26A; The parties ar to meet by 5/30/01 and exchange all documents relevant to this case; Sanctions will be imposed for failure to produce any relevant document; Thereafter, on 7/31/01, the parties are to meet and prepare a schedule of all depositions to be taken during the period 10/1/01 to 11/15/01 ( signed by Judge Constance B. Motley ); Copies mailed. (lam) (Entered: 05/15/2001)
|
May 11, 2001
|
May 11, 2001
PACER
|
43
|
MEMORANDUM OPINION #85835; granting [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of the Class of: All African-American and Latino NYC public school teachers employed by defts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTE or the LAST, and have suffered adverse employment consequences . ( signed by Judge Constance B. Motley ); Copies mailed. (djc) (Entered: 07/18/2001)
|
July 17, 2001
|
July 17, 2001
PACER
|
44
|
NOTICE OF MOTION by NYS Education Dept. for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, and upon such reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or, in the alternative, pursuant to FRCP 23(c), decertifying the class described in the in the Court's 7/13/01 Opinion, and granting such other and further relief as may be just and proper . That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for the Southern District of New York, Plaintiffs' answering papers must be served upon the undersigned within ten (10) business days after service of this motion . Return date 8/30/01. (tp) (Entered: 08/03/2001)
|
Aug. 1, 2001
|
Aug. 1, 2001
PACER
|
45
|
MEMORANDUM OF LAW by NYS Education Dept. in support of [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motion upon such reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or, in the alternative, pursuant to FRCP 23(c), decertifying the class described in the in the Court's 7/13/01 Opinion, and granting such other and further relief as may be just and proper, [44-3] motion. That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for the Southern District of New York, Plaintiffs' answering papers must be served upon the undersigned within ten (10) business days after service of this motion. (tp) (Entered: 08/03/2001)
|
Aug. 1, 2001
|
Aug. 1, 2001
PACER
|
46
|
ORDER, for the reasons set forth in the Opinion dated 7/13/01, plntfs' motion for class certification is granted ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 08/06/2001)
|
Aug. 6, 2001
|
Aug. 6, 2001
PACER
|
47
|
MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in opposition to [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motion upon such reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or, in the alternative, pursuant to FRCP 23(c), decertifying the class described in the in the Court's 7/13/01 Opinion, and granting such other and further relief as may be just and proper, [44-3] motion That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for the Southern District of New York, Plaintiffs' answering papers must be served upon the undersigned within ten (10) business days after service of this motion . (pl) (Entered: 09/04/2001)
|
Aug. 31, 2001
|
Aug. 31, 2001
PACER
|
48
|
ORDER, set pre-trial conference for 2:00 p.m. on 10/3/01 ; by 9/19/01, defendants shall file a letter brief not to exceed two pages responding to plaintiffs' 7/26/01 letter to the Court . ( signed by Judge Constance B. Motley ); Copies mailed. (kw) (Entered: 09/10/2001)
|
Sept. 7, 2001
|
Sept. 7, 2001
PACER
|
49
|
Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 5/10/01. (yv) (Entered: 09/27/2001)
|
Sept. 27, 2001
|
Sept. 27, 2001
PACER
|
50
|
PRETRIAL SCHEDULE AND ORDER: Each party's Pre-trial memorandum Joint Pretrial order to be submitted on or before 5/30/02; Pretrial conference set for 10:00 6/6/02; The trial will commence on 6/10/02 at 10:00; the state defts will have until 11/5/01 to produce all relevant documents not yet produce to plntfs. The City defts will have until 12/3/01 to produce all disks and other documents previoulsy requested by plntfs ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 10/05/2001)
|
Oct. 4, 2001
|
Oct. 4, 2001
PACER
|
51
|
REPLY MEMORANDUM by NYS Education Dept. re: [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motion upon such reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or, in the alternative, pursuant to FRCP 23(c), decertifying the class described in the in the Court's 7/13/01 Opinion, and granting such other and further relief as may be just and proper, [44-3] motion That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for the Southern District of New York, Plaintiffs' answering papers must be served upon the undersigned within ten (10) business days after service of this motion. (jco) (Entered: 10/19/2001)
|
Oct. 18, 2001
|
Oct. 18, 2001
PACER
|
52
|
AFFIDAVIT of Frederic L. Lieberman by NYS Education Dept. in support of [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motion upon such reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or, in the alternative, pursuant to FRCP 23(c), decertifying the class described in the in the Court's 7/13/01 Opinion, and granting such other and further relief as may be just and proper, and [44-3] motion That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for the Southern District of New York, Plaintiffs' answering papers must be served upon the undersigned within ten (10) business days after service of this motion. (kw) (Entered: 10/23/2001)
|
Oct. 18, 2001
|
Oct. 18, 2001
PACER
|
53
|
NOTICE OF MOTION by NYS Education Dept. for Bruce B. McHale to appear pro hac vice for deft NYS Education Dept ; Return date not indicated (cd) (Entered: 11/26/2001)
|
Nov. 20, 2001
|
Nov. 20, 2001
PACER
|
54
|
ORDER granting [53-1] motion for Bruce B. McHale to appear pro hac vice for deft NYS Education Dept . ( signed by Judge Constance B. Motley ); Copies mailed; (forwarded orig. doc. to the Attorney Admissions Clerk) (cd) (Entered: 11/28/2001)
|
Nov. 27, 2001
|
Nov. 27, 2001
PACER
|
55
|
NOTICE OF MOTION by NYS Education Dept. for an order for the admission pro hac vice of Jane A. Conrad, purs. to Local Civil Rule 1.3(c), to appear as co-counsel for deft New York State Education Department . No return date indicated. Declarations of Jane A. Conrad, and of Frederic L. Lieberman, and proposed order are attached. (Rec'd in night deposit box 11/28/01 4:57 PM) (sn) (Entered: 12/04/2001)
|
Nov. 28, 2001
|
Nov. 28, 2001
PACER
|
56
|
Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 10/3/01. (moc) (Entered: 12/04/2001)
|
Dec. 4, 2001
|
Dec. 4, 2001
PACER
|
57
|
ORDER; granting [55-1] motion for an order for the admission pro hac vice of Jane A. Conrad, purs. to Local Civil Rule 1.3(c), to appear as co-counsel for deft New York State Education Department. (signed by Judge Constance B. Motley ); Copies mailed. (docmt forwarded to atty admissions clerk) (djc) (Entered: 12/06/2001)
|
Dec. 6, 2001
|
Dec. 6, 2001
PACER
|
58
|
STIPULATION and ORDER OF CONFIDENTIALITY, regarding procedures that will govern the handling of "Confidential Documents" . ( signed by Judge Constance B. Motley ) (kg) (Entered: 01/24/2002)
|
Jan. 18, 2002
|
Jan. 18, 2002
PACER
|
59
|
ORDER, all fact and expert witnessees shall be identified by 4/15/02; all fact discovery shall be completed by 5/15/02 expert reports shall be exchanged by 6/3/02; expert rebuttal reports shall be exchanged by 6/24/02; expert depositions shall be completed by 7/22/02; cross-motions for summary judgment shall be fled and served by 8/2/02. Memoranda of law shall not exceed 40 pages; opposition to cross-motions for summary judgment shall be filed and served by 8/23/02; replies to oppositions to motions for summary judgment shall be filed and served by 9/6/02. Memoranda of law shall not exceed 20 pages; the court will hear oral argument on the parties' cross-motions for summary judgment by 9/25/02 at 11:00 a.m. in Courtroom 26-A of the U.S. Courthouse at 500 Pearl St.; pre-trial memoranda and a proposed joint pre-trial order shall be filed by 11/8/02; trial shall commence on 11/18/02 at 10:00 a.m., proceeding which there will be a final pretrial conference in Courtroom 26A. The parties are hereby advised that 11/18/02 is a firm trial date. No further extensions of time whatsoever will be granted with respect to any aspect of this schedule. Sanctions will be imposed for any failure to comply with this schedule. ( signed by Judge Constance B. Motley ); Copies mailed. (sac) Modified on 03/28/2002 (Entered: 03/28/2002)
|
March 25, 2002
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March 25, 2002
PACER
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61
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SUPPLEMENTAL AFFIDAVIT of Frederic L. Lieberman by NYS Education Dept. in further support of [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motion upon such reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or, in the alternative, pursuant to FRCP 23(c), decertifying the class described in the in the Court's 7/13/01 Opinion, and granting such other and further relief as may be just and proper, [44-3] motion That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for the Southern District of New York, Plaintiffs' answering papers must be served upon the undersigned within ten (10) business days after service of this motion. (kkc) (Entered: 04/02/2002)
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March 27, 2002
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March 27, 2002
PACER
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60
|
ORDER; denying [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification; The Court will revisit th class certification isue at the close of discovery in the context of the parties' cross-motions for summary judgment. SED may renew its objections to class certification at that time, but not before ; ( signed by Judge Constance B. Motley ); Copies mailed. (djc) (Entered: 04/02/2002)
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April 1, 2002
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April 1, 2002
PACER
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62
|
NOTICE of change of firm name by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene . (yv) (Entered: 04/22/2002)
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April 17, 2002
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April 17, 2002
PACER
|
63
|
ORDER; that non-party National Evaluation Systems, Inc. is hereby ordered to produce to plaintiffs, on or before 5/15/02, pursuant to the subpoena served upon it on 5/1/02, copies of all statements and testimony given by any of the enumerated NES Officials in the Alabama or Georgia Litigation, to the extent that such statements or testimony are within NES's possession, custody, or control ; under no circumstances, however, will plaintiffs be allowed to redepose any NES official. The court has repeatedly made clear that it will not extend the strict 5/15/02 fact discovery cutoff for any reasons whatsoever . ( signed by Judge Constance B. Motley ); Copies mailed. (pl) (Entered: 05/07/2002)
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May 6, 2002
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May 6, 2002
PACER
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64
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ORDER, regarding issues concerning defendant SED's letter challenging the adequacy of plaintiffs' answers to its requests for addmissions. Pursuant to FRCP 36(a), the Court hereby excercises its discretion to defer final resolution of this dispute until this case is tried; all parties are warned that the Court will not hesitate to issue post-trial sanctions pursuant to Rule 37(c)(2) as set forth in this Order ; Any party may, on or before 7/1/02, serve amended answers to an opposing party's requests for admissions as further set forth . ( signed by Judge Constance B. Motley ); Copies mailed. (tp) Modified on 06/17/2002 (Entered: 06/14/2002)
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June 13, 2002
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June 13, 2002
PACER
|
65
|
AFFIDAVIT of Kristen L. Gerentine Re: attached with Exhibit I-II attached. (sac) (Entered: 08/08/2002)
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Aug. 5, 2002
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Aug. 5, 2002
PACER
|
66
|
NOTICE OF MOTION by Board of Education for an Order pursuant to Rule 56 of the FRCP granting summary judgment in favor of defendant . Return Date 9/25/02. Declaration of Donald C. Sullivan in support of motion and local rule 56.1 statement attached. (yv) (Entered: 08/09/2002)
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Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
67
|
MEMORANDUM OF LAW by Board of Education in support of [66-1] motion for an Order pursuant to Rule 56 of the FRCP granting summary judgment in favor of defendant . (yv) (Entered: 08/09/2002)
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Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
87
|
NOTICE OF MOTION by NYS Education Dept. in limine to Fed. R. Evid. 104 adn 702 to exclude expert testimony, reports and opinions by plaintiffs' statistical expert . Return Date 9/25/02 at 11:00. (db) (Entered: 09/10/2002)
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Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
88
|
DECLARATION of Jeanne W. Clayton by NYS Education Dept. in support Re: [87-1] motion in limine to Fed. R. Evid. 104 adn 702 to exclude expert testimony, reports and opinions by plaintiffs' statistical expert . (db) (Entered: 09/10/2002)
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Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
89
|
DECLARATION of Carolyn Emrick Massad by NYS Education Dept. pursuant to 28 U.S.C. 1746. (db) (Entered: 09/10/2002)
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Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
90
|
MEMORANDUM OF LAW by NYS Education Dept. in support of [87-1] motion in limine to Fed. R. Evid. 104 adn 702 to exclude expert testimony, reports and opinions by plaintiffs' statistical expert. (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
91
|
NOTICE OF MOTION by NYS Education Dept. for an order purs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYS Education Dept. . Return Date 9/25/02 at 11:00. (db) (Entered: 09/10/2002)
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Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
92
|
MEMORANDUM OF LAW by NYS Education Dept. in support of [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYS Education Dept. . (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
93
|
DECLARATION of Bruce B. McHale by NYS Education Dept. in support Re: [87-1] motion in limine to Fed. R. Evid. 104 adn 702 to exclude expert testimony, reports and opinions by plaintiffs' statistical expert . (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
94
|
DECLARATION of Edith L. Hunsberger by NYS Education Dept. in support Re: [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYS Education Dept. . (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
95
|
DECLARATION of Charles C. Mackey, Jr. by NYS Education Dept. in support Re: [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYS Education Dept. (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
96
|
DECLARATION of Carl T. Hayden by NYS Education Dept. in support Re: [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYS Education Dept. . (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
97
|
RULE 56.1 STATEMENT filed by NYS Education Dept. (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
98
|
DECLARATION of Jane Faggen by NYS Education Dept. Re: [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYS Education Dept. .(db) Modified on 09/10/2002 (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
99
|
DECLARATION of Frederic L. Lieberman by NYS Education Dept. in support Re: [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYS Education Dept. (db) (Entered: 09/10/2002)
|
Aug. 5, 2002
|
Aug. 5, 2002
PACER
|
68
|
NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene for an order pursuant to Rule 1.3(c) of the FRCP permitting Joel Hellman to appear pro hac vice . Return Date 9/25/02 at 11:00. (db) (Entered: 08/14/2002)
|
Aug. 12, 2002
|
Aug. 12, 2002
PACER
|
69
|
DECLARATION of Barbara J. Olshansky by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in support Re: [68-1] motion for an order pursuant to Rule 1.3(c) of the FRCP permitting Joel Hellman to appear pro hac vice . (db) (Entered: 08/14/2002)
|
Aug. 12, 2002
|
Aug. 12, 2002
PACER
|
70
|
DECLARATION of Joel M. Hellman by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in support Re: [68-1] motion for an order pursuant to Rule 1.3(c) of the FRCP permitting Joel Hellman to appear pro hac vice . (db) (Entered: 08/14/2002)
|
Aug. 12, 2002
|
Aug. 12, 2002
PACER
|
71
|
AFFIDAVIT OF SERVICE of motion to permit pro hac vice attorney & declarations in support of motion as to Board of Education, NYS Education Dept. by first class on 8/9/02. (db) (Entered: 08/14/2002)
|
Aug. 12, 2002
|
Aug. 12, 2002
PACER
|
72
|
MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in opposition to motion in limine of New York State Education Department to exclude testimony, reports and opinions by plaintiffs' statistical expert. (yv) (Entered: 08/21/2002)
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Aug. 19, 2002
|
Aug. 19, 2002
PACER
|
73
|
DECLARATION of Barbara J. Olshansky by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in support Re: [72-1] opposition memorandum . (yv) (Entered: 08/21/2002)
|
Aug. 19, 2002
|
Aug. 19, 2002
PACER
|
74
|
AFFIDAVIT OF SERVICE of plaintiffs' memorandum of law in opposition to defendant New York State Education Department's motion in limine to exclude testimony, reports and opinions by plaintiffs' statistical expert and plaintiffs' supporting declaration of Barbara J. Olshansky as to Board of Education, NYS Education Dept. by First Class on 8/19/02 . . (yv) (Entered: 08/21/2002)
|
Aug. 19, 2002
|
Aug. 19, 2002
PACER
|
75
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 08/26/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
76
|
RULE 56.1 STATEMENT of the material facts as to which exists a genuine issue to be tried in opposition to plaintiffs' motion for summary judgment, filed by NYS Education Dept. (gf) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
77
|
RULE 56.1 STATEMENT of the material facts as to which there exists a genuine issue to be tried in partial opposition to the board of education's motion for summary judgment, filed by NYS Education Dept. (gf) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
78
|
MEMORANDUM OF LAW by NYS Education Dept. in partial opposition to [66-1] motion for an Order pursuant to Rule 56 of the FRCP granting summary judgment in favor of defendant . (gf) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
79
|
DECLARATION of Joan G. Haworth pursuant to 28U.S.C. 1746,by NYS Education Dept. (gf) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
80
|
DECLARATION of Thomas E. Hogan by NYS Education Dept. (gf) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
81
|
MEMORANDUM OF LAW by NYS Education Dept. in opposition to plaintiffs motion for summary judgment.. (gf) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
82
|
MEMORANDUM OF LAW by Board of Education in opposition to [66-1] motion for an Order pursuant to Rule 56 of the FRCP granting summary judgment in favor of defendant . (yv) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
83
|
COUNTER STATEMENT TO RULE 56.1 filed by Board of Education (yv) (Entered: 08/29/2002)
|
Aug. 26, 2002
|
Aug. 26, 2002
PACER
|
86
|
REPLY MEMORANDUM by NYS Education Dept. in support of its motion in limine to exclude testimony, reports and opinions by plaintiffs' statistical expert. (moc) (Entered: 09/06/2002)
|
Aug. 30, 2002
|
Aug. 30, 2002
PACER
|
84
|
NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene; for an order to strike the affidavit of Carolyn Emrick Massad . Return Date 9/25/02 at 11:00. (gf) (Entered: 09/05/2002)
|
Sept. 3, 2002
|
Sept. 3, 2002
PACER
|
85
|
DECLARATION of Stephen G. Seliger by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in support Re: [84-1] motion for an order to strike the affidavit of Carolyn Emrick Massad. (gf) (Entered: 09/05/2002)
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Sept. 3, 2002
|
Sept. 3, 2002
PACER
|