Case: Schmelzer v. New York

Schmelzer v. State of New York

Schmelzer v. State of New York

Schmelzer v. State of New York

Schmelzer v. State of New York

COMPLAINT filed and summons(es) issued for State of New York, New York State Education Department, Richard P. Mills FILING FEE $ 150.00 RECEIPT # 2547 (Duong, Susan) (Entered: 03/29/2001)

NOTICE by Cousel for Michael J. Schmelzer order to show cause forwarded to chambers (Duong, Susan) Modified on 03/29/2001 (Entered: 03/29/2001)

MEMORANDUM by Michael J. Schmelzer in support of [2−1] notice class plaintiffs on application for injunction and class certification (Duong, Susan) (Entered: 04/02/2001)

ORDER TO SHOW CAUSE − The parties are hereby advised that this matter is referred to Magistrate Judge Lindsay regarding pltff's application for an order: certifying class action . This matter is referred to M.J. Lindsay for the purposes of: 1) establishing a briefing schedule; 2) scheduling a hearing regarding injunctive relief; and 3) issuing a report and recommendation to the District Court regarding the relief sought in the complaint. Pltffs shall serve a copy of this order together with the complaint and all of the papers submitted herein, upon the dfts via overnight delivery, within five days of the date of this order . Pltffs shall file proof of service with the Clerk of the Court within ten days of the date of this order. (Signed by Judge Joanna Seybert, on 3/30/01) (Valle, Christine) (Entered: 04/12/2001)

AFFIDAVIT of Lewis M. Wasserman on behalf of by Michael J. Schmelzer, Chelsea Von Harder Re: in support of the [5−1] order to show cause. (Valle, Christine) (Entered: 04/12/2001)

CERTIFICATE OF SERVICE RE: Copy of 3/30/01 order, complaint, a copy of all of the papers submitted to this Court in support of 3/30/01 order served upon Elliot Spitzer, Richard P. Mills, Mary Buderman, Roseanne Marini, Corporation Counsel on 4/3/01. (Valle, Christine) (Entered: 04/10/2001)

AFFIDAVIT OF SERVICE by Cheryl Bliss of behalf of Michael J. Schmelzer Re: Copy of the [5−1] order to show cause with supporting papers, summons and complaint served upon Mary Buderman, Rosanne Marini and Michael D. Hess, Esq. on 4/3/01. (Valle, Christine) (Entered: 04/12/2001)

LETTER dated 4/9/01 from Ralph Pernick to Judge Lindsay RE: I write to inform the Court that the Mineola office of the NYS Attorney General represents three dfts in this action (State of NY; NYS Education Dept; and Richard P. Mills, as Commissioner of Education of the State of NY). (Valle, Christine) (Entered: 04/16/2001)

LETTER dated 4/6/01 from Lewis M. Wasserman to Magistrate Judge Lindsay re: To request a conference to arrange for a briefing schedule and to address other items referred to in the 3/30/01 order of Judge Seybert. of 3/30/01 by the Honorable Joanna Seybert of this court. (Fagan, Linda) Modified on 09/25/2002 (Entered: 09/25/2002)

ORDER; The Court is in receipt of pltffs' Memorandum of Law on application for injunction and class certification, dated 3/26/01. Any opposition to pltffs' requested relief must be submitted to the undersigned by 4/30/01. Pltffs' reply to be submitted by 5/7/01. If necessary, a hearing date will follow . ( signed by Magistrate Arlene R. Lindsay, on 4/16/01) c/f (Fagan, Linda) (Entered: 04/18/2001)

NOTICE of appearance by Half Hollow Hills SD (Imrie, Robert) (Entered: 05/02/2001)

Letter MOTION by State of New York, New York State, Richard P. Mills; to extend time/adjourn to respond to pltffs' application for injunctive relief and class action certification, to 5/30/01 . Motion hearing for [10−1] motion not scheduled . (Fagan, Linda) (Entered: 04/25/2001)

Endorsed order granting [10−1] motion to extend time/adjourn to respond to pltffs' application for injunctive relief and class action certification, to 5/30/01. Applicatin granted subject to condition that deft's coordinate their response in one brief. Reply due 6/7/01; ( Signed by Magistrate Arlene R. Lindsay, on 4/23/01) c/m (Fagan, Linda) (Entered: 04/25/2001)

LETTER dated 4/23/01 from Pamela L. Steen to Magistrate Judge Lindsay re in response to the 4/20/01 letter to Your the Court by Assistant Attorney General Pernick; (resolved by 4/23/01 Order) (Fagan, Linda) Modified on 04/25/2001 (Entered: 04/25/2001)

LETTER dated 4/26/01 from Pamela L. Steen to Judge Lindsay RE: This is to request that pltffs have until 6/14/01 to reply to dfts' combined opposition. (Valle, Christine) (Entered: 05/04/2001)

Letter MOTION by Half Hollow Hills SD, Smithtown Central School District and the NYC Board of Education request for permission to submit separate responses on behalf of each of the dfts , No motion hearing (Valle, Christine) (Entered:

AFFIRMATION of Peter G. Albert on behalf of dft Smithtown Central School District Re: in opposition to pltff's [5−1] application for certifying class and injunctive relief (Valle, Christine) (Entered: 06/05/2001)

MEMORANDUM OF LAW by dft Smithtown Central School District in opposition to pltff's [5−1] application certifying class action and injunction (Valle, Christine) (Entered: 06/05/2001)

MEMORANDUM by Half Hollow Hills SD in opposition to [5−1] order certifying class action; [5−2] relief report and recommendation; [5−3] relief Pltffs shall serve a copy of this order together with the complaint and all of the papers submitted herein, upon the dfts via overnight delivery, within five days of the date of this order; [5−4] relief. (Fagan, Linda) (Entered: 09/25/2002)

AFFIDAVIT of James H. Pyun on behalf of Half Hollow Hills SD Re: in opposition to [5−1] order certifying class action; [5−2] relief report and recommendation; [5−3] relief Pltffs shall serve a copy of this order together with the complaint and all of the submitted herein, upon the dfts via overnight delivery, within five days of the date of this order; [5−4] relief. (Fagan, Linda) (Entered: 09/25/2002)

MEMORANDUM OF LAW by dft New York City Board of Education in opposition to pltff's [2−1] motion for a preliminary injunction and in support of dft's cross−motion for judgment on the pleadings (Valle, Christine) (Entered: 06/08/2001)

ANSWER to Complaint by NYC Board of Ed (Valle, Christine) (Entered: 06/13/2001)

NOTICE OF CROSS MOTION by NYC Board of Ed pursuant to Rule 12(c) granting judgment on the pleadings and dismissing the complaint . No motion hearing . (Valle, Christine) (Entered: 09/05/2001)

FAX LETTER dated 6/13/01 from Pamela L. Steen to Cinthia Mahon RE: This will cofirm your conversation of 6/12/01 with my partner, to the effect that there are four named pltffs and six dfts in this matter. The term "related individual action" thus refers to the second, third and fourth claims of the same complaint. (Valle, Christine) (Entered: 06/13/2001)

ORDER − set scheduling conference for 2:00 on 8/29/01 before Magistrate Arlene R. Lindsay (Signed by Magistrate Arlene R. Lindsay, on 6/21/01) C/M (Valle, Christine) (Entered: 06/22/2001)

LETTER dated 6/21/01 from Pamela L. Steen to Clerk of the Court re: To submit the enclosed pltffs' memorandum of law in reply to the memorandum in opposition of each of the four groups of defts on pltffs' appliction for class certification and injunctive relief. (Fagan, Linda) Modified on 09/25/2002 (Entered: 09/25/2002)

REPLY MEMORANDUM OF LAW by Michael J. Schmelzer, Chelsea Von Harder, K.G., Long Island Advocacy re: in further support of pltffs' applicaiton for class certification and injunctive relief. (Fagan, Linda) (Entered: 09/25/2002)

REPLY AFFIDAVIT of Lewis M. Wasserman on behalf of Michael J. Schmelzer, Chelsea Von Harder, K.G., Long Island Advocacy Re: in further support of [5−1] order certifying class action; [5−2] relief report and recommendation; [5−3] Pltffs shall serve a copy of this order together with the complaint and all of the papers submitted herein, upon the dfts via overnight delivery, within five days of the date of this order; [5−4] relief. (Fagan, Linda) (Entered: 09/25/2002)

Endorsed order denying [22−1] motion request that Your Honor incorporate a pre−motion conference into the conference currently set for 8/29/01. To the extent dft Smithtown wishes to move to dismiss, requests for a pre−motion conference should be made to the District Court. To the extent dft Smithtown seeks to file a cross−claim, that request should be raised at the 8/29/01 conference. (Signed by Magistrate Arlene R. Lindsay, on 8/17/01) EOD #22 C/F (Valle, Christine) (Entered: 08/21/2001)

ECF Consent by Half Hollow Hills SD submitted by James H. Pyun. (Mahon, Cinthia) Modified on 09/24/2002 (Entered: 11/29/2001)

LETTER dated 8/22/01 from Pamela L. Steen to Judge Lindsay RE: In response to the ECF packet accompanying this Court's order dated 6/21/01, pltffs do not consent to electronic filing in this matter. It is my understanding that the State dft also does not consent. (Valle, Christine) (Entered: 08/24/2001)

Letter MOTION by Half Hollow Hills SD request to file a motion seeking to dismiss the complaint . No motion hearing . (Valle, Christine) (Entered: 08/27/2001)

Endorsed order denying [24−1] motion request to file a motion to dismiss the complaint. As stated in this Court's 8/17/01 order, a request for a pre−motion conference concerning a motion to dismiss should be made to the District Court. (Signed by Magistrate Arlene R. Lindsay, on 8/23/01) EOD #24 C/F (Valle, Christine) (Entered: 08/27/2001)

LETTER dated 8/22/01 from Peter G. Albert to Judge Seybert RE: Please consider this letter application as a request for a pre−motion conference for the purpose of making a motion to dismiss pursuant to Rule 12(b)(6). (Valle, Christine) Modified on 09/24/2002 (Entered: 09/17/2001)

LETTER dated 8/24/01 from Pamela L. Steen to Judge Lindsay RE: This letter is to advise the Court of developments arising after filing of the complaint, address certain procedural issues, and respond to the recent letters to Your Honor from James Pyan, Esq. and Peter Albert, Esq. (Valle, Christine) Modified on 09/24/2002 (Entered: 09/17/2001)

Scheduling conference held (Valle, Christine) (Entered: 08/31/2001)

Calendar entry: Before Magistrate Lindsay on 8/29/01 at 2:00PM. Civil Cause for Initial Conference. Counsel for all sides present. The following schedule is hereby adopted: Dft Smithtown to file motion by 9/10/01; set motion filing deadline for 9/10/01 . Response to motion to be submitted by 9/24/01 . Reply to response to motion to be submitted by 10/01/01 . (Valle, Christine) (Entered: 08/31/2001)

LETTER dated 8/22/01 from Peter G. Albert to Judge Lindsay RE: Please be advised that Smithtown does not consent to electronic filing in this matter. (Valle, Christine) (Entered: 09/04/2001)

LETTER dated 8/28/01 from James H. Pyun to Judge Seybert RE: Pursuant to the direction of Magistrate Lindsay, we are submitting this letter to request a pre−motion conference for the purpose of filing a motion to dismiss. (Valle, Christine) Modified on 09/24/2002 (Entered: 09/17/2001)

LETTER dated 8/29/01 from Pamela L. Steen to Judge Seybert RE: This letter is to advise the Court of developments arising after filing of the complaint, address certain procedural issues, and respond to the letters to Your Honor from James Pyun, Esq. and Peter Albert, Esq. (Valle, Christine) Modified on 09/24/2002 (Entered: 09/17/2001)

LETTER dated 9/7/01 from Pamela L. Steen to Judge Lindsay RE: Please be advised that pursuant to this Court's suggestion, pltff Schmelzer will file a separate complaint (appeal) from the decision of the SRO. (Valle, Christine) Modified on 09/24/2002 (Entered: 09/17/2001)

Endorsed order granting [32−1] motion request for this Court's permission to withdraw, without prejudice, Smithtown's request to file a cross−claim against the State dfs. Application granted. Accordingly, the remaining submission deadlines set by this Court in this Court's order dated 8/29/01 are cancelled; terminated past due deadlines . (Signed by Magistrate Arlene R. Lindsay, on 9/17/01) EOD #32 C/F (Valle, Christine) Modified on 09/24/2002 (Entered: 09/19/2001)

MOTION by Half Hollow Hills SD; for an order removing Half Hollow Hills Central School District as a party deft. in this action . Motion hearing not scheduled . Motion file stamped: 8/5/01 and mailed/served: (not advised) (Fagan, Linda) Modified on 09/24/2002 (Entered: 10/10/2001)

ORDER; granting [33−1] motion for an order removing Half Hollow Hills Central School District as a party deft. in this action. Purs. to deft's motion, which has been consented to by pltff, the Court orders, adjudges and decrees that Half Hollow Hills Central School District is dismissed without prejudice as a party deft. in this matter . ( signed by Judge Joanna Seybert on 10/5/01) c/g (Fagan, Linda) Modified on 09/24/2002 (Entered: 10/10/2001)

Status conference held (Fagan, Linda) (Entered: 10/10/2001)

Calendar entry: before Judge Seybert on 10/5/01 at 11:30 a.m.; for Civil Cause For Status Conference; Appearances: for pltffs.: Lew Wasserman; Deborah Berger; for defts.: Ralph Pernick (N.Y. State); Laura Ferrugiari (Half Hollow Hills S.D.); Lisa Grumet (N.Y.C. Board Of Education); Peter Albert (Smithtown S.D.). Case called. Counsel for all sides present. Conference held. Next conference set for 10/18/01 at 4:30 p.m., for pltff K.G. and deft. Smithtown S.D. only . Court issues order dismissing all claims against deft Half Hollow Hills S.D. (Fagan, Linda) Modified on 09/24/2002 (Entered: 10/10/2001)

Status conference held (Valle, Christine) (Entered: 10/22/2001)

Calendar entry: Before Judge Seybert on 10/18/01 at 4:30PM. Civil Cause for Status Conference. Case called. Counsel for both interested parties present. Conference held. Other: The two parties present agree to settle their part of the case. Stipulation of discontinuance to be submitted within 60 days. (Valle, Christine) Modified on 09/24/2002 (Entered: 10/22/2001)

LETTER dated 10/29/01 from Ralph Pernick to Magistrate Judge Lindsay re: To respond to pltffs' attorney's October 25 letter; The State Defts submit that the relevant precedent here is the recent Second Circuit decision − Russman v. Board of Educ., City of Watervliet, 260 F.3D 114 (2nd Circ. 2001) − which focuses on the particular complaining party before the court, rather than on others who are allegedly similarly situated. (Fagan, Linda) (Entered: 09/25/2002)

Letter MOTION by Smithtown Central SD request to extend time of the date by which the parties will report to this Court of the completion of the settlement agreement . No motion hearing (Valle, Christine) Modified on 09/24/2002 (Entered: 01/02/2002)

Endorsed order granting [38−1] motion request to extend time of the date by which the parties will report to this Court the completion of the settlement agreement. No further extensions will be granted. (Signed by Judge Joanna Seybert on 12/19/01) EOD #38 C/M (Valle, Christine) Modified on 09/24/2002 (Entered: 01/02/2002)

REPORT AND RECOMMENDATION − The undersigned hereby makes several recommendations to the District Court with regard to pltff's requests for class certification and preliminary injunctive relief as set forth herein. Any objections to this report must be filed with the Clerk within ten days of the filing of this report. (Signed by Magistrate Arlene R. Lindsay on 1/3/02) C/M (Valle, Christine) Modified on 09/24/2002 (Entered: 01/18/2002)

MEMORANDUM by State of New York, New York State, Richard P. Mills in support of [40−1] motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6); and in support of objections to Magistrate Judge's Report and Recommendation. (Valle, Christine) Modified on 09/24/2002 (Entered: 01/28/2002)

ORDER − Set telephone conference for 2:30 on 3/14/02 before Magistrate Arlene R. Lindsay . Pltff to initiate the call. (Signed by Magistrate Arlene R. Lindsay , on 2/15/02) (Valle, Christine) Modified on 09/24/2002 (Entered: 02/22/2002)

Letter MOTION by Michael J. Schmelzer, Chelsea Von Harder request to extend time to submit opposition to motion . No motion hearing . (Valle, Christine) Modified on 09/24/2002 (Entered: 03/05/2002)

Endorsed order denying [43−1] motion request to extend time to submit opposition to motion. Pltff's time to submit opposition shall be no later than 3/6/02 and dft's reply shall be due by 3/15/02. No extensions will be granted. (Signed by Judge Joanna Seybert, on 2/26/02) EOD #43 C/M (Valle, Christine) Modified on 09/24/2002 (Entered: 03/05/2002)

CROSS MOTION by Michael J. Schmelzer, Chelsea Von Harder, K.G., Long Island Advocacy pursuant to Rule 15(a), granting pltffs leave to further amend their complaint . No motion hearing . (Valle, Christine) Modified on 09/24/2002 (Entered: 03/08/2002)

AFFIRMATION of Lewis M. Wasserman on behalf of Michael J. Schmelzer, Chelsea Von Harder, K.G., Long Island Advocacy Re: in opposition to [40−1] motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), and objections to the Report &Recommendation; and in support of [44−1] cross motion to Rule 15(a), granting pltffs leave to further amend their complaint. (Valle, Christine) Modified on 09/24/2002 (Entered: 03/08/2002)

MEMORANDUM by Michael J. Schmelzer, Chelsea Von Harder, K.G., Long Island Advocacy in opposition to [40−1] motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), and [39−1] objections to the Magistrate's recommendations. (Valle, Christine) Modified on 09/24/2002 (Entered: 03/08/2002)

ORDER − Due to a change in this Magistrate's schedule, the conference previously set for 3/14/02 is hereby rescheduled; reset telephone conference for 10:30 on 5/7/02 before Magistrate Arlene R. Lindsay . (Signed by Magistrate Arlene R. Lindsay, on 3/8/02) C/F (Valle, Christine) Modified on 09/24/2002 (Entered: 03/12/2002)

STIPULATION and ORDER − It is hereby stipulated and agreed by and among pltffs and dfts, and the parties' respective attorneys of record, that pursuant to Rule 41(a)(1)(ii), pltffs' claims against dft Smithtown Central School District be dismissed, with prejudice, and without costs except as previously agreed to by and between pltffs K.G. and Long Island Advocacy Center Inc and dft Smithtown Central School District . (Signed by Judge Joanna Seybert, on 3/13/02) C/M (Valle, Christine) Modified on 09/24/2002 (Entered: 03/20/2002)

REPLY MEMORANDUM OF LAW by State of New York, New York State, Richard P. Mills in further support of [40−1] motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6); and, in opposition to pltff's motions for class action certification and [44−1] cross pursuant to Rule 15(a), granting pltffs leave to further amend their complaint. (Fagan, Linda) Modified on 09/24/2002 (Entered: 03/19/2002)

SEALED DOCUMENT (Letter dated 3/11/02 and settlement agreement dated 3/15/02) (Valle, Christine) (Entered: 03/20/2002)

STIPULATION and ORDER that pursuant to 41(a)(1)(ii), plaintiffs' claims against defendant, Smithtown Central School District be dismissed with prejudice, and without costs except as previously agreed to by and between plaintffs K.G. and L.I. Advocacy Center, Inc., and deft, Smithtown Central School District. ( signed by Judge Joanna Seybert, on 3/19/02) c/m (Mahon, Cinthia) Modified on 09/24/2002 (Entered: 03/28/2002)

Calendar entry: Before USMJ Lindsay on 5/7/02 @ 10:30 a.m. for Telephone Status Conference. Case called. Counsel for parties present. (Branciforte, Ralph) Modified on 09/24/2002 (Entered: 05/14/2002)

LETTER dated 4/26/02 from Pamela Steen to USMJ Lindsay RE: Inasmuch as there are pending before USDJ Seybert a dispositive motion and objections to Your Honor's report and Recommendations, the parties have agreed on a discovery schedule. (Branciforte, Ralph) Modified on 09/24/2002 (Entered: 05/14/2002)

LETTER dated 4/29/02 from Pamela Steen to USMJ Lindsay RE: Plaintiffs request an order compelling answers to interrogatories. (Branciforte, Ralph) Modified on 09/24/2002 (Entered: 05/14/2002)

LETTER dated 5/3/02 from Ralph Pernick to USMJ Lindsay RE: Opposing Plaintiff's [53−1] 4/29/02 letter application to compel the State Defendants to provide further responses to Plaintiff's interrogatories. (Branciforte, Ralph) Modified on 09/24/2002 (Entered: 05/14/2002)

Endorsement on [53−1] letter: Application for class action discovery denied at this time with leave to renew after decision by J. Seybert. State to ensure prevention of relevant records. The parties are directed to submit a joint status letter by 7/9/02 advising as to the status of the motions pending before the District Court. ( Signed by Magistrate Arlene R. Lindsay , on 5/7/02) EOD# 53 (Branciforte, Ralph) Modified on 09/24/2002 (Entered: 05/14/2002)

Endorsement on [52−1] letter: Discovery to be completed within 60 days, further Rule 56.1 Statements served within 90 days and, if no further dispositive motion, a joint pre−trial order submitted within 120 days, all such dates from a decision by J. Seybert favorable to Plaintiffs. Telephone conference set for 8/28/02 @ 10:30 a.m. ( Signed by Magistrate Arlene R. Lindsay , on 5/7/02) EOD# 52 CF (Branciforte, Ralph) Modified on 09/24/2002 (Entered: 05/14/2002)

LETTER dated 6/25/02 from Lewis M. Wasserman to Jugde Seybert RE: We request a conference at Court or disposition of the pending motion as soon as possible. (Valle, Christine) Modified on 09/24/2002 (Entered: 07/03/2002)

Status conference held (Valle, Christine) (Entered: 09/03/2002)

Calendar entry: Before Magistrate Arlene R. Lindsay on 8/28/02 at 10:30AM. Civil Cause for Telephone Status Conference. Counsel for all sides present. The parties are directed to file a joint letter by 9/14/02 advising as to the status of the motion for class certification. C/F (Valle, Christine) Modified on 09/24/2002 (Entered: 09/03/2002)

STIPULATION Of Discontinuance; That all claims alleged against the New York City Board of Education in the complaint in this action are hereby dismissed, with prejudice, and without costs, expenses or fees; That the dismissal of the claims in the complaint in this action is without prejudice to ptlff bringing any future action or proceeding concerning the New York City Board of Education's complaince with the decision of State Reivew Officer of the New York Stated Education Department; That in agreeing to this paragraph, deft New York City Board of Education does not waive any defenses it may have to any such action or proceeding. ( Signed by Judge Joanna Seybert, dated: 9/6/02 ) c/m (Fagan, Linda) (Entered: 09/25/2002)

MEMORANDUM and ORDER; granting in part, denying in part [40−1] motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6); granting [44−1] cross motion pursuant to Rule 15(a), granting pltffs leave to further amend their complaint. In accordance with this Courts decision as set forth herein, State Defts' Motion to Dismiss the LIAC as a party is GRANTED; State Defts' Motion to Dismiss the suits against them based upon Eleventh Amendment immunity is GRANTED in part and DENIED in part; State Defts' Motion to Dismiss Pltffs' claims arising under the New York Education Law is GRANTED; State Defts' Motion to Dismiss Pltffs' claims brought purs. to the IDEA as untimely is DENIED; State Defts' Motion to Dismiss Pltffs' claims for damages purs. to the IDEA, Section 504 and Section 1983 is GRANTED in part and DENIED in part; State Defts' Motion to Dismiss Pltffs' claims based upon the Schmelzer stipulation is DENIED; State Defts' Motion to Dismiss based upon the argument that Pltffs have not been deprived a Free Appropriate Public Education is DENIED; State Defts' Objections to the Report and Recommendation have been reviewed, the issues revisited de novo by this Court, and adopted in part as set forth herein; Plffs' motion to amend the complaint as set forth in Pltffs' Notice of Cross Motion is GRANTED. Pltffs shall have thirty days from the date hereof to file and serve the amended complaint . The Court hereby certifies a class of pltffs that comprise of all children living in New York State who meet the criteria set forth herein . All other motions brought are hereby DENIED . ( signed by Judge Joanna Seybert, on 9/9/02) c/m (Fagan, Linda) (Entered: 09/25/2002)

LETTER dated 9/17/02 from Lewis M. Wasserman to Judge Seybert re: To ask the Court to correct one statement in its 9/9/02 Memorandum and Order in the above−captioned action. (Fagan, Linda) (Entered: 09/30/2002)

ORDER; The Court notes that Schmelzer presently maintains an action against the Board of Education, Half Hollow Hills Central School District. No previously held claims by Schmelzer have been relinquished by this Court's order, the court merely indicated that Half Hollow Hills was no longer part of this action. This is intended to clarify the court's previous order . ( signed by Judge Joanna Seybert, on 9/26/02) c/m (Fagan, Linda) (Entered: 09/30/2002)

Letter MOTION by Michael J. Schmelzer, Chelsea Von Harder, K.G. request for a telephone status conference . No motion hearing . (Valle, Christine) (Entered: 11/04/2002)

Endorsed order granting [69−1] motion request for a telephone status conference. A telephone status conference is hereby scheduled for 10/29/02 at 2:00PM. Pltff to initiate call. (Signed by Magistrate Arlene R. Lindsay, on 10/4/02) EOD #69 C/F (Valle, Christine) (Entered: 11/04/2002)

AMENDED COMPLAINT by Michael J. Schmelzer, Chelsea Von Harder, K.G., Kathryn D. and Todd F. (Answer due 10/20/02 for Richard P. Mills, for New York State, for State of New York) amending [1−1] complaint. (Valle, Christine) (Entered: 11/07/2002)

Status conference held (Valle, Christine) (Entered: 10/23/2002)

Calendar entry: Before Judge Joanna Seybert on 10/15/02 at 2:00PM. Civil Cause for Status Conference. Counsel for all sides present. Conference held. Set discovery due for 11/18/02 . Set status conference for 2:00 on 11/25/02 before Judge Joanna Seybert . (Valle, Christine) (Entered: 10/23/2002)

Letter MOTION by State of New York, New York State request that the 10/29/02 conference be cancelled . No motion hearing . (Valle, Christine) (Entered: 11/04/2002)

Endorsed order granting [70−1] motion request that the 10/29/02 conference be cancelled. Parties to submit joint status letter to this Court by 12/6/02. (Signed by Magistrate Arlene R. Lindsay, on 10/22/02) EOD #70 C/F (Valle, Christine) (Entered: 11/07/2002)

Status conference held. (Fagan, Linda) (Entered: 12/10/2002)

Calendar entry: before Judge Seybert on 11/25/02 at 2:00 p.m. for Civil Cause for Status Conference; Appearances: For pltff.: Lewis Wasserman; For deft.: Ralph Pernick. Case called. Counsel for all sides present. Conferenceheld. Next conference set for 12/9/02 at 2:00 p.m. Set next status conference for 2:00 p.m. on 12/9/02 before Judge Joanna Seybert . (Fagan, Linda) (Entered: 12/10/2002)

LETTER dated 12/6/02 from Pamela L. Steen to Judge Lindsay RE: Pursuant to Your Honor's order dated 10/22/02, this is a joint status letter concerning this matter. (Valle, Christine) (Entered: 12/18/2002)

Status conference held (Valle, Christine) (Entered: 12/31/2002)

Calendar entry: Before Judge Joanna Seybert on 12/12/02 at 2:00PM. Civil Cause for Status Conference. Counsel for all sides present. Conference held. Motions to be filed by 12/17/02 ; Responses due 12/30/02 ; Replies due 1/3/03 . (Valle, Christine) (Entered: 12/31/2002)

AFFIDAVIT of Lewis M. Wasserman on behalf of Michael J. Schmelzer, Chelsea Von Harder, K.G. Re: in support of [75−1] order to show cause. (Valle, Christine) (Entered: 01/02/2003)

MEMORANDUM by Michael J. Schmelzer, Chelsea Von Harder, K.G., Kathryn D., Todd F. in support of [75−1] order (Fagan, Linda) (Entered: 01/06/2003)

Class Plaintiffs Local Civil Rule 56.1 Statement Of Material Facts. (Fagan, Linda) (Entered: 01/06/2003)

ORDER TO SHOW CAUSE − Let the dfts show cause before Honorable Joanna Seybert at the L.I. Courthouse at 9:00 on 1/3/03 why an order should not be made and entered herein granting summary judgment in favor of the Class Pltffs as further set forth herein against the NYS Education Dept and Richard P. Mills, as Commissioner of Education. It is hereby ordered that service of this Order to Show Cause and the papers upon which it is based by mailing same by certified mail return receipt requested on or before 5:00PM on 12/26/02 upon the NYS Attorney General Ralph Pernick, shall be deemed good and sufficient service. (Signed by Judge Joanna Seybert, on 12/23/02) C/F (Valle, Christine) (Entered: 01/02/2003)

CERTIFICATE OF SERVICE − Copy of Order to Show Cause served upon Lewis Wasserman via facsimile on 12/23/02 by Chambers. (Valle, Christine) (Entered: 01/02/2003)

Letter MOTION by State of New York, New York State, Richard P. Mills to adjourn defts' time to submit papers in response to the Order to Show Cause to 1/6/03; any reply papers that pltffs may choose to serve shall be served no later than 1/10/03 . Motion hearing (Fagan, Linda) (Entered: 01/06/2003)

Endorsed order; granting [79−1] motion to adjourn defts' time to submit papers in response to the Order to Show Cause to 1/6/03; any reply papers that pltffs may choose to serve shall be served no later than 1/10/03 ( Signed by Judge Joanna Seybert, on 12/27/02) EOD #79 (Fagan, Linda) (Entered: 01/06/2003)

Letter MOTION by State of New York, New York State, Richard P. Mills, Half Hollow Hills SD, NYC Board of Education and Smithtown Central SD to Judge Seybert dated 12/31/02. re: on behalf of the defendants, I write to request that the Court's 25−page limitation rule with respect to opposing memoranda of law be extended . No motion hearing . (Harper, Karene) (Entered: 01/06/2003)

Endorsed order − Application granted. The parties' submission shall not exceed 35 pages. (Signed by Judge Joanna Seybert, on 1/2/03). EOD#81 c/m. (Harper, Karene) (Entered: 01/06/2003)

ORDER − The parties were directed to file a status letter by 12/23/02. This Court never received said letter. Accordingly, the parties are again directed to file a joint status letter by 1/20/03. (Signed by Magistrate Arlene R. Lindsay, on 1/6/03) C/F (Valle, Christine) (Entered: 01/13/2003)

MEMORANDUM by State of New York, New York State, Richard P. Mills in opposition to pltff's motion for summary judgment and for permanent injunctive, declaratory and other relief. (Valle, Christine) (Entered: 01/14/2003)