Case: Ray M. v. Board of Education

Advocates for Children of New York

COMPLAINT filed and summons(es) issued for Board of Education, Ramon Cortines, Howard S. Tames, NYS Education Dept., Thomas Sobol, NYC Transportation, Mario M. Cuomo FILING FEE $ 120.00 RECEIPT # 160271 (Greene, Donna) (Entered: 03/15/1994)

CASE REFERRED to Magistrate John L. Caden (Greene, Donna) (Entered: 03/15/1994)

MOTION by Ray M. &All Plaintiffs for preliminary injunction , to certify class action , Motion hearing set for 3/28/94 [2−1] set for 3/28/94 [2−2] motion. (Johnson, Lorraine) (Entered: 03/16/1994)

MEMORANDUM by Ray M. &ALL PLAINTIFFS in support of [2−1] motion for preliminary injunction, [2−2] motion to certify class. (Johnson, Lorraine) (Entered: 03/16/1994)

AFFIDAVIT of Daniel F. Kolb Re: [3−1] support memorandum, [2−1] motion for preliminary injunction, [2−2] motion to certify class action (attached Exhibits 1−10). (Johnson, Lorraine) (Entered: 03/16/1994)

AFFIDAVIT of Service by Donovan A. Anderson Re: [1−1] summons &complaint served upon the parties: NYC Dept. of Transportation, Thomas Sobol, Mario Cuomo, New York State Education Dept., Howard S. Tames, Ramon Cortines &NYC Board Of Education on 3/11/94. (Johnson, Lorraine) (Entered: 03/17/1994)

Letter dtd. March 23, 1994 from Daniel Kolb, counsel for the named and class plaintiffs, to Judge Nickerson requesting that the motion for a preliminary injunction be rescheduled to April 8, 1994 at 9:30. (Asreen, Wendy) (Entered: 03/25/1994)

RETURN OF SERVICE executed as to NYS Education Dept. 3/23/94 Answer due on 4/12/94 for NYS Education Dept. (Virno (Entered: 03/29/1994)

RETURN OF SERVICE executed as to Board of Education 3/11/94 Answer due on 3/31/94 for Board of Education (Virno (Entered: 03/29/1994)

RETURN OF SERVICE executed as to Ramon Cortines 3/11/94 Answer due on 3/31/94 for Ramon Cortines (Virno (Entered: 03/29/1994)

RETURN OF SERVICE executed as to NYC Transportation 3/11/94 Answer due on 3/31/94 for NYC Transportation (Virno (Entered: 03/29/1994)

RETURN OF SERVICE executed as to Howard S. Tames 3/11/94 Answer due on 3/31/94 for Howard S. Tames (Virno (Entered: 03/29/1994)

RETURN OF SERVICE executed as to Mario M. Cuomo 3/23/94 Answer due on 4/12/94 for Mario M. Cuomo (Virno (Entered: 03/29/1994)

RETURN OF SERVICE executed as to Thomas Sobol 3/23/94 Answer due on 4/12/94 for Thomas Sobol (Virno (Entered: 03/29/1994)

Letter MOTION by Board of Education, etc to extend time to submit a response to pltffs' motion for preliminary inj No Motion hearing [7−1] motion Letter dated 3/23/94 to EHN from Steven J. Rappaport. (Gonzalez, Mary) (Entered: 03/29/1994)

RESPONSE by counsel for plaintiffs in opposition to [7−1] motion to extend time to submit a response to pltffs' motion for preliminary inj. Response submitted in the form of a letter from Daniel Kolb to Judge Nickerson of 3/30/94. (Conte, Daniela) (Entered: 04/05/1994)

Letter from Steven J. Rappaport to Judge Nickerson dtd. 4/1/94 in response to Daniel Kolb's March 30, 1994 letter opposing City defendants' request for an extension of time until 4/22/94 to respond to plaintiffs' two pending motions. (Virno (Entered: 04/05/1994)

Calendar entry:Before Judge Nickerson on 4/8/94 Case called. All parties present. [2−1] Motion for preliminary injunction taken under advisement, [2−2] motion to certify class taken under advisement. (Virno (Entered: 04/13/1994)

ORDER, Setting status conference for 2:30 on 6/1/94 before Magistrate John L. Caden . ( signed by Magistrate John L. Caden, dated April 8, 1994 ) (Asreen, Wendy) (Entered: 04/11/1994)

STIPULATION AND ORDER OF ADJOURNMENT dtd. 4/8/94 extending time to answer until 4/29/94. ( signed by Judge Eugene H. Nickerson ) (Virno (Entered: 04/14/1994)

MEMORANDUM by Board of Education, Ramon Cortines, Howard S. Tames, NYS Education Dept., Thomas Sobol, NYC Transportation, Mario M. Cuomo in opposition to [2−1] motion for preliminary injunction (Virno (Entered: 04/28/1994)

DECLARATION OF STEVEN J. RAPPAPORT IN OPPOSITION TO PLAINTIFFS' Re: [2−1] motion for preliminary injunction (Virno (Entered: 04/28/1994)

REPLY MEMORANDUM OF LAW by Ray M., Jackey S., Miguel F., Jose P., Katie B., Angel C., Benjamin L. in further [2−1] motion for preliminary injunction, [2−2] motion to certify class action (Virno (Entered: 05/04/1994)

SUPPLEMENTAL AFFIDAVIT by Ray M., Jackey S., Miguel F., Jose P., Katie B., Angel C., Benjamin L. Re: n support of plaintiffs' motion for preliminary injunction and class certification. (Virno (Entered: 05/04/1994)

MEMORANDUM AND ORDER dtd 5/3/94, all matters in this case, including all motions, whether dispositive or otherwise, are referred to Magistrate Judge Caden for disposition or report and recommendation as appropriate. ( signed by Judge Eugene H. Nickerson ) (Roker, Michelle) (Entered: 05/06/1994)

ANSWER to Complaint by NYS Education Dept., Thomas Sobol, Mario M. Cuomo (fe) (Entered: 05/10/1994)

ORDER ( signed by Judge Eugene H. Nickerson ) (Virno (Entered: 05/16/1994)

ANSWER to Complaint by Board of Education, Ramon Cortines, Howard S. Tames, NYS Education Dept., Thomas Sobol, NYC Transportation, Mario M. Cuomo; jury demand (Virno (Entered: 05/19/1994)

SUPPLEMENTAL DECLARATION OF STEVEN J. RAPPAPORT IN OPPOSITION TO THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND FOR CLASS CERTIFICATION Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation in opposition to [2−1] motion preliminary injunction (Virno (Entered: 06/01/1994)

Calendar entry: Before Mag. Caden Case called. Hearing held decision reserved. (Virno (Entered: 06/03/1994)

REPORT AND RECOMMENDATIONS of Magistrate John L. Caden Re: [2−2] motion to certify class action ; finding that the pltffs meet all requirements for certification under Rule 23(a) and Rule 23(b)(2). Motion no longer referred. Objections to R and R due by 6/27/94. Copies mailed to all parties by Chambers. (Glenn, Marilyn) (Entered: 06/17/1994)

Pltffs' MOTION for Ellen Gallagher Holmes to appear pro hac vice. Motion hearing set for 9:30 7/6/94 [31−1] motion. (Greves, Liz) (Entered: 06/22/1994)

OBJECTION by Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation to [30−1] findings &recommendations. Exhibits attached. (fe) (Entered: 06/30/1994)

Calendar entry: Before Caden, M. − Conference held 6/29/94 at 2:30. Deft's objection to Magistrate Judge's RRwere discussed. Magistrate will not reconsider his report. Pltff's several modification to the provisional class the recommended. Pltff will submit its proposal in writing by 7/8/94. Deft will respond by 7/22/94. The parties will appear before the Magistrate following their appearance before Judge Nickerson on 7/29/94. Hearings may be held over the first week of August 1994. (McGee, Maryann) Modified on 06/30/1994 (Entered: 06/30/1994)

AFFIDAVIT of Service by pltff's Re: [33−1] objection (Jackson, Ramona) (Entered: 07/06/1994)

SECOND SUPPLEMENTAL AFFIDAVIT of DANIEL F. KOLB IN SUPPORT OF PLAINTIFFS Re: [2−1] motion for preliminary injunction, [2−2] motion to certify class action (Virno (Entered: 07/11/1994)

SUPPLEMENTAL MEMORANDUM in support of [2−1] motion for preliminary injunction, [2−2] motion to certify class action (Virno (Entered: 07/11/1994)

RESPONSE by Ray M., Jackey S., Miguel F., Jose P., Katie B., Angel C., Benjamin L. in opposition to [33−1] objections to the resport and recommnedation of Mag. Caden, Dtd. 6/17/94. Attached Appendix to Pltffs Response. (Virno (Entered: 07/14/1994)

Lettet from Paul D. Murphy to Judge Nickerson dtd 7/15/94 requesting that the Court schedule oral argument for 7/29/94 at 10:00am. (Virno (Entered: 07/22/1994)

SECOND SUPPLEMENTAL DECLARATION OF STEVEN RAPPAPORT IN OPPOSITION TO THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND FOR CLASS CERTIFICATION. (Virno (Entered: 07/25/1994)

SUPPLEMENTAL MEMORANDUM by Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation in opposition to plaintiffs' motion for preliminary injunction and class certification, (Virno (Entered: 07/25/1994)

Calendar entry: Conference held before Magistrate Caden on 7/28/94. The Magistrate entered orders on the record; orders will be filed with the Court next week. Set status conference for 10:00 on 8/5/94 before Magistrate John L. Caden . (Asreen, Wendy) (Entered: 08/02/1994)

Calendar entry: Before Judge Nickerson on 7/28/94 @4:00 for Defts objections to Report &Recommendation of Magistrate Caden. Case called. Counsel for all paties present. Court Reporter Marsha Diamond. Report &recommendation approved &adopted. Parties will any problems relating to the definition of the class before the magistrate. (Gonzalez, Mary) (Entered: 08/02/1994)

Ltr. to J.Nickerson from Steven J Rappaport dtd. 7/28/94 Pltff's have not established the necessity for any preliminary relief (Jackson, Ramona) (Entered: 08/02/1994)

LETTER dated 6/20/94 from Daniel F. Kolb to Judge Nickerson requesting that the Court set a date by which the City and State dfts must comply and/or a date by which they will need to show cause why such services cannot be provided. (fe) (Entered: 08/03/1994)

LETTER dated 6/24/94 from Clement J. Colucci to Judge Nickerson stating that Mr. Kolb's reference to the "State Defendants", in his 6/20/94 letter re the setting of a date to comply with the Report and Recommendation, was inadvertent. (fe) (Entered: 08/03/1994)

TRANSCRIPT of a civil proceeding before Mag. Caden filed for for dates of 8/5/94 (Virno (Entered: 08/10/1994)

Letter from Karen Norlander to Judge Nickerson dtd. 8/18/94 regarding the City's request for a temporary restraining order. (Virno (Entered: 08/25/1994)

Letter from Steven J. Rappaport to counsel of record dtd. 8/18/94 re: the modified plan, dated 8/17/94 is enclosed herewith. (Virno (Entered: 08/25/1994)

TRANSCRIPT filed for [18−1] civil cause for motion on 4/8/94. (Virno (Entered: 08/26/1994)

STIPULATION AND PROTECTIVE ORDER that any papers delivered to the Court which incorporates any confidential materials will be delivered in a sealed envelope, etc.. Within 30 days after the close of this case, including appeals, the Confidential Materials will be ret'd to City defendants' attorneys or destroyed, and all persons who possessed these materials shall verify their return or destruction by affidavit furnished to city defendants' attorneys. ** See order for complete details.( signed by Magistrate John L. Caden, dated August 29, 1994 ) (Asreen, Wendy) (Entered: 08/29/1994)

Calendar entry: Before Mag. Caden Case called. All parties present. Parties reviewed status of case with magistrate judge, next conference now scheduled for 9/9/94 at 4:00pm. (Virno (Entered: 09/01/1994)

Letter from Norma Kerlin to Judge Nickerson dtd. 8/25/94 defts motion is now rescheduled for 10/7/94. (Virno (Entered: 09/14/1994)

AFFIDAVIT by Ellen Gallagher Holmes Re: [37−1] in support of plaintiff's motion. (Vasquez, Liz) (Entered: 10/24/1994)

AFFIDAVIT by Juan Maldonado Re: in support of [2−2] motion to certify class action (Vasquez, Liz) (Entered: 10/24/1994)

LETTER dated 12/15/94 from Paul Murphy to Mag. Caden Re: requests oral argument be scheduled on issues remaining in plaintiff's motion for class certification. (Vasquez, Liz) (Entered: 12/21/1994)

Calendar entry: Before Mag. Caden−Case called. A hearing was held on the Rule 23 certification motion. A court reporter was present and a transcript shall be prepared. Decision reserved. (Vasquez, Liz) (Entered: 01/18/1995)

SUPPLEMENTAL REPORT AND RECOMMENDATIONS of Magistrate John L. Caden. Finding that pltff meet requirements for Rule 23, and recommends certain addition be made to the previously certified class. Case no longer referred to Magistrate John L. Caden. Objections to R and R must be filed with the clerk of court within ten days to preserve appellate review. (signed by Mag. Caden on 2/15/95). (Vasquez, Liz) Modified on 05/04/1995 (Entered: 02/17/1995)

OBJECTION by City Dfts: Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation to [59−1] Supplemental report &recommendations of Mag. Judge Caden dated 2/15/95 relating to pltffs' motion for class certification. (Exhibit 1−27 filed with objections) (Ferguson, Frances) Modified on 03/08/1995 (Entered: 03/06/1995)

AFFIDAVIT of service by Harry Torres. (Vasquez, Liz) (Entered: 03/16/1995)

Pltffs' RESPONSE to City defts' objections to the supplemental Report &Recommendation of Mag Caden dated 2/15/95. (Greves, Liz) (Entered: 03/21/1995)

Notice of MOTION by plaintiffs to Take additional Deposition , Motion hearing set for 10:00 4/12/95 [63−1] motion (Vasquez, Liz) Modified on 03/21/1995 (Entered: 03/21/1995)

MEMORANDUM of law by plaintiffs in support of [63−1] motion to Take additional Deposition (Vasquez, Liz) (Entered: 03/21/1995)

Letter from Assistant Corp. Counsel Steven Rappaport to the Court dated April 6, 1995. Counsel request oral argument with respect to City Defts' Objections to the Supplemental R &R of Mag. Caden dated Feb. 15, 1995. (request denied as endorsed by Judge Nickerson) (Joseph, Derek) (Entered: 04/11/1995)

Endorsed order denying the request by counsel for City Defts for oral arguments with respect to the defts' objections to the Supplemental R &R of Mag. Caden. ( Signed by Judge Eugene H. Nickerson on letter Doc. #66 and dated April 7, 1995 ) (Joseph, Derek) (Entered: 04/11/1995)

LETTER dated 4/10/95 from Clement Colucci to Judge Nickerson. RE: We ask if the court grants oral argument we be excused from attending. (Vasquez, Liz) (Entered: 04/18/1995)

Memorandum and Order adopting Supplemental Report and Recommendation of Mag. Judge Caden, granting [2−1] motion for preliminary injunction and [2−2] motion to certify class action. ( signed by Judge Eugene H. Nickerson on 4/24/95) (DiTomasso, Mike) (Entered: 05/03/1995)

MAIL RETURNED Mem/order dtd 4/24/95 returned on 5/95 (Vasquez, Liz) (Entered: 05/12/1995)

Calendar entry: Before Mag. Caden−Case called. Defts will produce documents to pltff NLT 1 month from today; the Mag. Judge has given 2/23/96 as the returning date of any motion(s) for partial summary judgment that will be made in the near future. (Vasquez, Liz) (Entered: 10/04/1995)

CASE REFERRED to Magistrate−Judge Cheryl Pollak (Yuen, Sui May) (Entered: 11/06/1995)

ORDER, dtd 12/1/95. Above case has been assigned to Mag. Pollak for pretrial supervision . The parties are directed, to within 30 days of receipt of this order, to file a written report on the status of case. ( signed by Magistrate−Judge Cheryl Pollak). (Vasquez, Liz) (Entered: 12/08/1995)

NOTICE of status conference set for 4/1/96 at 2:30. (Glenn, Marilyn) (Entered: 03/18/1996)

LETTER dated 3/20/96 from John P. Dellera, Ass't Atty General, to Judge Nickerson. RE: I represent the deft State Education Dept., and am writing to request an adjournment of the status conference scheduled for 4/1/96 to 4/26/96. (Vasquez, Liz) (Entered: 04/01/1996)

LETTER dated 3/20/95 from Paul D. Murphy to Mag. Caden. RE: Enclosed is pltff's motion for leave to take additional depositions. (motion not enclosed). (Vasquez, Liz) (Entered: 04/12/1996)

LETTER dated 4/7/95 from Steven J. Rappaport to Mag. Caden. Re: I write in response to pltffs' motion for leave to take additional depositions. (Vasquez, Liz) (Entered: 04/12/1996)

LETTER dated 4/11/95 from Daniel F. Kolb, Esq., to Mag. Caden. RE: I write to reply to City defts' opposition to pltffs' motion for leave. (Vasquez, Liz) (Entered: 04/12/1996)

LETTER dated 5/5/95 from Roger J. to Mag. Caden. RE: I am writing on behalf of all parties to inform you that the parties have resolved the issues raised in pltffs' motion for leave to take additional depositions. (Vasquez, Liz) (Entered: 04/12/1996)

LETTER dated 9/27/95 from Roger J. Maldonado, Esq., to Mag. Caden. RE: I am writing to inform the court of the issues pltffs would like to address at the pre−motion conference on 10/2/95. (Vasquez, Liz) (Entered: 04/12/1996)

LETTER dated 5/6/94 from Daniel F. Kolb to Magistrate Caden requesting that a date be set for oral argument on motion for preliminary injunction &class certification. (Greves, Liz) (Entered: 04/17/1996)

LETTER dated 5/25/94 from Steven J. Rappaport to Magistrate Caden requesting permission to file supplemental papers regarding pltffs' motion for class certification &a preliminary injunction by 5/27. (Greves, Liz) (Entered: 04/17/1996)

LETTER dated 5/16/94 from Steven J. Rappaport to Magistrate Caden enclosing courtesy copies of his Declaration in oppostion to pltffs' motion for a prelimianry injunction &class certification, City defts' Memo in opposition to that motion, &City defts' Answer &cross−claim. (Greves, Liz) (Entered: 04/17/1996)

Copy of LETTER dated 6/20/94 from Daiel K. Kolb to Judge Nickerson acknowledging receipt of Magistrate Caden's Report &Recommendation regarding formation of a provisional class of pre−school childen. (Greves, Liz) (Entered: 04/17/1996)

Calendar entry: Before Judge Nickerson−Case called for status/settlement conference. Counsel for all sides present. Pltff is attempting settlement with NY State defts; cannot discuss settlement with NYC defts until State issues are resolved. Motion for preliminary injunction outstanding. This case is referred back to Mag. Caden due to similarity with Jose P. v Sobol 96cv1834 (EHN). set status/settlement conference for 6/14/96 before Judge Eugene H. Nickerson . (Vasquez, Liz) (Entered: 05/06/1996)

INTER−OFFICE MEMO from Shirley Wilson, Case Manager to Judge Nickerson, to Terry Vaughn, Operations Mgr., dated April 29, 1996, requesting that this action be reassigned to Mag. Judge Caden for all pre−trial purposes, since this action is similar to 1:96−cv−1834, "Jose P. V. Ambach". (Vaughn, Terry) (Entered: 04/30/1996)

CASE REFERRED to Magistrate John L. Caden. See Document No. 84. (Vaughn, Terry) (Entered: 04/30/1996)

Calendar entry: Status Conference held before Judge Nickerson on 6/14/96. ESR: Lisa Auson. Case called. Counsel for all sides present. Counsel is directed to schedule a conference before Magistrate Caden. (Murphy, Margaret) (Entered: 06/18/1996)

LETTER dated 6/13/96 from Steven Rappaport to Judge Nickerson, that there is ample reason for the Court to defer approval of the proposed partial settlement until such time as more information is available and City defts and other affected entities are given a full opportunity to express their legitimate concerns. (Dobkin, David) (Entered: 06/21/1996)

FAXED LETTER dated 6/13/96 from Steven J. Rappaport to Judge Nickerson regarding the proposed partial settlement. (Guzzi, Roseann) (Entered: 06/24/1996)

Pltffs' Memo of Law in support of their request to approve the proposed stipulation &order regarding LEP students. (Greves, Liz) (Entered: 07/09/1996)

AFFIDAVIT of Roger Juan Maldonado in support of plttfs' request to approve the proposed stipulation &order regarding LEP students. (Greves, Liz) (Entered: 07/09/1996)

LETTER dated 7/8/96 from Roger Juan Maldonaldo, to Magistrate Caden, informing the Court of the issues plaintiffs would like to address at the conference scheduled to be held on 7/9/96 at 4:00 p.m. (Murphy, Margaret) (Entered: 07/09/1996)

MEMORANDUM by Board of Education, Ramon Cortines, Howard S. Tames, and NYS Education Dept. in opposition to the preliminary approval of a partial settlement between plaintiffs and state defendants. (Murphy, Margaret) (Entered: 07/10/1996)

Calendar entry: Civil Conference held before Magistrate Caden on 7/9/96. Magistrate Judge reserved decision. Set status conference for 10:30 on 7/12/96 before Magistrate John L. Caden . (Murphy, Margaret) (Entered: 07/10/1996)

TRANSCRIPT of Motions filed for 7/9/96 before Magistrate Caden. Court Reporter: Sheldon Silverman. (Murphy, Margaret) (Entered: 07/15/1996)

Calendar entry: Civil Conference held before Magistrate Caden on 7/12/96. Set status conference for 10:00 on 7/22/96 before Magistrate John L. Caden . Parties will present an order to be signed by the Magistrate Judge setting the date of Thursday 9/19/96 and Friday 9/20/96 for the hearing on plaintiff's and State Defendants application for preliminary approval of a partial settlement. (Murphy, Margaret) (Entered: 07/15/1996)

Calendar entry: Civil Conference held before Magistrate Caden on 7/22/96. The magistrate judge enters a written order preliminarily approving settlement, directing notice to the class and setting a hearing on proposed settlement. (Murphy, Margaret) (Entered: 07/23/1996)

ORDER PRELIMINARILY APPROVING SETTLEMENT, DIRECTING NOTICE TO THE CLASS ANDSETTING A HEARING ON PROPOSED SETTLEMENT. The Court will hold a hearing on 9/19/96 at 10:00 a.m. to determine whether the proposed Stipulation of settlement proposed among certain parties to this action is fair. All written objection shall be submitted on or before 7/22/96. ( signed by Magistrate John L. Caden, dated 7/22/96 ) c/m. ** See document for complete details. (Murphy, Margaret) (Entered: 07/23/1996)

Calendar entry: Civil Conference held before Magistrate Caden on 8/21/96. Set status conference for 3:00 on 9/17/96 before Magistrate John L. Caden . Notice to Haitian Creole parents has been extended one week due to a delay in notice. Magistrate Caden will meet with the parties on 9/17/96 to discuss any outstanding notice issues. (Murphy, Margaret) (Entered: 08/22/1996)

NOTICE that Stults &Balber, P.C. by Roger Juan Maldonado be substituted as attorneys of record for the plaintiffs in this case in place of Teitelbaum, Hiller, Rodman, Paden &Hibsher. (Murphy, Margaret) (Entered: 08/30/1996)

Calendar entry: Civil Conference held before Magistrate Caden on 9/17/96. Hearing on proposed settlement has been adjourned from 9/20/96 until 9:00 on 10/8/96 and 10/9/96 before Magistrate John L. Caden (Murphy, Margaret) (Entered: 09/19/1996)