Case: Schuler v. Bd. of Educ. of Cent. Islip Union Free Sch. Dist.

1:96-cv-04702 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 24, 1996

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On September 24, 1996, this complaint was filed against Board of Education in the U.S. District Court for the Eastern District of New York under by taxpayers and property owners in the Central Islip Union Free School District. The plaintiffs alleging that general state of public education within the District, and particularly by the educational opportunities provided to minority children and children with disabilities. An Amended Complaint was filed on April 18, 1997, adding the President of th…

On September 24, 1996, this complaint was filed against Board of Education in the U.S. District Court for the Eastern District of New York under by taxpayers and property owners in the Central Islip Union Free School District. The plaintiffs alleging that general state of public education within the District, and particularly by the educational opportunities provided to minority children and children with disabilities.

An Amended Complaint was filed on April 18, 1997, adding the President of the Civil Service Employees Association (CSEA), the Commissioner of Education of the State of New York, and the auditor for the school district as defendants.

The plaintiffs' complaint alleged three causes of action against all defendants. Specifically, plaintiffs alleged that defendants (1) conspired to commits acts under color of state law to deprive plaintiffs of their 14th amendment right to equal protection under the laws, in violation of 42 U.S.C. § 1985; (2) wasted municipal, state and federal resources in violation of New York General Municipal Law; and (3) violated the Rehabilitation Act of 1973.

On June 30, 1997, the defendants filed a motion to dismiss. The School District defendants contended that the Court lacks subject matter jurisdiction to hear plaintiffs' claims, that plaintiffs lack standing, and that the individual School District defendants are entitled to qualified immunity. The Commissioner asserted Eleventh Amendment immunity from plaintiffs' claims relating to the violation of the New York Constitution and New York statutory law. Finally, the Civil Service Employees Association contended that personal jurisdiction is lacking due to insufficient process and insufficient service of process.

On February 1, 2000, the court (Judge John Gleeson) dismissed the complaint with prejudice as to the School Board, Commissioner, and the CSEA. The court noted that the only remaining defendant at the time was the auditor of the school district.

On March 15, 2000, the plaintiff requested that Judge Gleeson grant a default summary judgment for petitioner's claims against the auditor and that the court appoints a special investigator, prosecutor, or agency to investigate the financial improprieties found to be present. The court responded by ordering plaintiffs to show cause why their claims against the defendant should not be dismissed.

On March 23, 2000, because the plaintiffs failed to take any actions, the court dismissed the complaint against the plaintiff and entered judgment in favor of all defendants and closed this case.

Summary Authors

Ginny Lee (3/16/2017)

People


Judge(s)

Gleeson, John (New York)

Levy, Robert M. (New York)

Attorney for Plaintiff

Seaman, Kevin A. (New York)

Attorney for Defendant

Bienstock, Martin (New York)

Pyun, James (New York)

Judge(s)

Gleeson, John (New York)

Levy, Robert M. (New York)

show all people

Documents in the Clearinghouse

Document

1:96-cv-04702

Docket [PACER]

Schuler v. Board of Education of the Central Islip Union Free School District

March 23, 2000

March 23, 2000

Docket
40

1:96-cv-04702

Memorandum and Order

Schuler v. Board of Education of the Central Islip Union Free School District

Feb. 3, 2000

Feb. 3, 2000

Order/Opinion

2000 WL 2000

Docket

Last updated Feb. 19, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed against Board of Education, Howard M. Koenig, Margaret A. Spach, Richard P. Mills and the State of New York. FILING FEE $ 120.00; RECEIPT # 6156. (Chow, Alice) Modified on 10/15/1996 (Entered: 10/15/1996)

Sept. 24, 1996

Sept. 24, 1996

2

ORDER dated Oct. 10, 1996, endorsed on the proposed order to show cause for preliminary injunction and temporary restraining order. It appearing to the Court that the application is, at least in part, moot, and that there is neither a showing of irreparable harm or a likelihood of success on the merits (or a balance of hardships tipping in Plaintiff's favor), the application is denied . SO ORDERED. c/m ( signed by Judge John Gleeson ) (Vaughn, Terry) (Entered: 10/15/1996)

Oct. 15, 1996

Oct. 15, 1996

4

LETTER dated 11/15/96 from Kevin A. Seaman to Magistrate Levy counsel to the Central Islip U.F.S.D. that the defendant District is not in a position to comply with your correspondence/direction as it would appear that it is premature to the extent that a finalized complaint has not yet been filed nor served. (Guzzi, Roseann) (Entered: 12/12/1996)

Nov. 18, 1996

Nov. 18, 1996

3

ORDER dated 11/5/96 setting an initial conference for 4:15 on 1/31/97 before Magistrate Robert M. Levy . ( signed by Magistrate Robert M. Levy ) (Guzzi, Roseann) (Entered: 11/22/1996)

Nov. 22, 1996

Nov. 22, 1996

5

MOTION by Donna Schuler to amend complaint and to adjourn pre−trial conference before Magistrate Levy. Motion hearing . (Guzzi, Roseann) (Entered: 02/21/1997)

Jan. 29, 1997

Jan. 29, 1997

6

ORDER dated 3/8/97 granting [5−1] motion to amend complaint no later than 4/18/97. The initial conference, originally scheduled for 1/31/97, is adjourned to 7/25/97 at 11:00. Service no later than 6/18/97. ( signed by Magistrate Robert M. Levy ) (Guzzi, Roseann) Modified on 04/17/1997 (Entered: 03/14/1997)

March 14, 1997

March 14, 1997

Deadline updated; Reset status conference for 11:00 on 7/25/97 before Magistrate Robert M. Levy . (Guzzi, Roseann) (Entered: 03/14/1997)

March 14, 1997

March 14, 1997

7

AMENDED COMPLAINT by Donna Schuler , (Answer due 4/28/97 for State of New York, for Richard P. Mills, for Margaret A. Spach, for Howard M. Koenig, for Board of Education ) amending [1−1] complaint against Sandra Townsend, Helen Brannon, Joseph Leoncavallo, Daniel M. Devine, Barbara Goldstein, Nick Nicholas. (Joseph, Derek) (Entered: 04/24/1997)

April 18, 1997

April 18, 1997

31

MEMORANDUM of LAW in support of deft Mills' motion to dismiss. (Greves, Liz) (Entered: 02/02/2000)

June 30, 1997

June 30, 1997

8

LETTER dated 6/30/97 from Martin Bienstock, Esq. to Judge Gleeson on behalf of defendant that plaintiff's last date on which to oppose my motion to dimiss is 7/30/97; defendant Mills will have until 8/15/97 to reply. Oral argument has been scheduled for 9/5/97 at 10:00. (Guzzi, Roseann) (Entered: 07/11/1997)

July 1, 1997

July 1, 1997

9

LETTER dated 7/10/97 from Kevin G. McMorrow to Magistrate Levy enclosing stipulation of discontinuance. (Guzzi, Roseann) (Entered: 07/24/1997)

July 11, 1997

July 11, 1997

10

STIPULATION of discontinuance dated 7/15/97 with prejudice against defendants, Jacob S. Feldman and Ehrlich, Frazer &Feldman, attorneys. C/M ( Signed by Judge John Gleeson ) (Guzzi, Roseann) (Entered: 07/24/1997)

July 24, 1997

July 24, 1997

11

LETTER dated 7/21/97 from James H. Pyun to Gary DiBianco, Confirming that dft's time to answer or move against the complaint is extended from 7/25/97 to 8/11/97. (Piper, Francine) (Entered: 07/29/1997)

July 29, 1997

July 29, 1997

Endorsed order, dft's time to answer the complaint is extended to 8/11/97 . ( Signed by Judge Reena Raggi 7/24/97 ) (endorsed on document #11) (Piper, Francine) (Entered: 07/29/1997)

July 29, 1997

July 29, 1997

12

Letter MOTION dtd. 8/8/97 by Board of Education et al (School Doard Deft's) Request for a pre motion conf. , (Jackson, Ramona) (Entered: 08/21/1997)

Aug. 21, 1997

Aug. 21, 1997

13

LETTER dated 12.17.97 from James H. Pyun to Donna Schuler confirming that the briefing schedule for motion papers has been extended to 01.23.98. (Mackey, Donna) (Entered: 12/31/1997)

Dec. 31, 1997

Dec. 31, 1997

14

LETTER dated 3/6/98 from James H. Pyun to Donna Schuler enclosing notice of motion to dismiss the amended complaint with supporting papers. (Guzzi, Roseann) (Entered: 03/17/1998)

March 9, 1998

March 9, 1998

32

AFFIDAVIT of Robert Reilly in support of CSEA's motion to dismiss the pro se amended complaint. (Greves, Liz) (Entered: 02/02/2000)

March 9, 1998

March 9, 1998

36

MEMORANDUM of LAW in support of motion to dismiss on behalf of deft Civil Service Employees Association, Inc. (Greves, Liz) (Entered: 02/02/2000)

March 9, 1998

March 9, 1998

15

MOTION by plaintiff, pro se Donna Schuler for an extension of time to respond to the defendants' motion to dismiss. Motion hearing . (Guzzi, Roseann) (Entered: 06/04/1998)

June 4, 1998

June 4, 1998

16

ORDER, that the Pltff's request for a 45−day extension to file their opposition is GRANTED. Pltffs. shall file their opposition on or before 9.2.98; the Dfts. shall file their reply to the opposition on or before 9.16.98; oral argument will be held on 10.9.98 at 10:00. (Signed by Judge John Gleeson, dtd. 6.15.98). Copies mailed by Chambers. (Hunter, Tara) (Entered: 06/18/1998)

June 18, 1998

June 18, 1998

17

LETTER dated 7/20/98 from James H. Pyun to Judge Gleeson on behalf of defendant Board of Education requesting for a transfer of this action to Judge Wexler. (Guzzi, Roseann) (Entered: 07/30/1998)

July 30, 1998

July 30, 1998

Endorsed order dated 7/24/98 on document #17 that plaintiff shall reply in writing on or before 7/31/98. C/M ( Signed by Judge John Gleeson ) (Guzzi, Roseann) (Entered: 07/30/1998)

July 30, 1998

July 30, 1998

18

MOTION by Donna Schuler to extend the time for plaintiffs to respond to the defendants' motion to dismiss. (Murphy, Margaret) (Entered: 09/16/1998)

Sept. 16, 1998

Sept. 16, 1998

19

ORDER, dated 9/9/98 that plaintiff's seek an extension of the time to file their opposition to the motion to dismiss. Plaintiffs' request is granted. Plaintiffs shall file their opposition to defendants' motion to dismiss on or before 10/2/98; defendants shall file their reply on or before 10/16/98; and oral argument shall be held on 10/30/98, at 10:00. Set status conference for 11:00 on 9/25/98 before Judge John Gleeson regarding motion to transfer case . ( signed by Judge John Gleeson ) C/M (Guzzi, Roseann) (Entered: 09/17/1998)

Sept. 17, 1998

Sept. 17, 1998

20

LETTER dated 9/16/98 from Robert Reilly to Judge Gleeson on behalf of defendant CSEA that plaintiffs have filed papers dated 9/1/98 captioned as notice of motion to extend time to answer. Requesting to file reply papers. (Guzzi, Roseann) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

21

Calendar entry: before Judge Gleeson−Civil Cause for Status Conference. Case called. Counsel for all sides present. Conference held. Galeano, Sonia (Entered: 09/30/1998)

Sept. 25, 1998

Sept. 25, 1998

39

Pltff Donna Schuler's Answer in response to defts' motion to dismiss. (Greves, Liz) (Entered: 02/02/2000)

Oct. 2, 1998

Oct. 2, 1998

22

AFFIDAVIT OF SERVICE by mail that on 10/1/98 Allen Cappellazzi served the Answer in Opposition to the Motion to Dismiss on James Pyon, Esq. (Murphy, Margaret) (Entered: 10/08/1998)

Oct. 8, 1998

Oct. 8, 1998

29

CSEA's REPLY MEMORANDUM to pltffs' opposition to deft CSEA's moiton to dismiss. (Greves, Liz) (Entered: 02/02/2000)

Oct. 19, 1998

Oct. 19, 1998

30

NOTICE of MOTION to DIMISS AMENDED COMPLAINT returnable 5/1/98 submitted by defts Board of ED of the Central Islip Union Free School District, Fred Philips, Sandra Townsend, Helen Brannon, Joseph Leoncavallo, Daniel M. Devine, Barbara Goldstein, Margaret Spach, Nick Nicholas, Ralph Borzello, Howard M. Koenig, Manuel Ramos &J Jackson. (Greves, Liz) (Entered: 02/02/2000)

Oct. 19, 1998

Oct. 19, 1998

34

REPLY AFFIDAVIT of James H. Pyun in support of School District defts' motion to dismiss the amended complaint. (Greves, Liz) (Entered: 02/02/2000)

Oct. 19, 1998

Oct. 19, 1998

35

Copy of Affidavit of Robert Reilly in reply to pltffs' opposition to deft CSEA's motion to dismiss. (Greves, Liz) Modified on 02/02/2000 (Entered: 02/02/2000)

Oct. 19, 1998

Oct. 19, 1998

37

MEMORANDUM of LAW in support of Board of Ed's motion to dismiss. (Greves, Liz) (Entered: 02/02/2000)

Oct. 19, 1998

Oct. 19, 1998

23

MEMORANDUM of LAW by Richard P. Mills in support of his motion to dismiss. (Hunter, Tara) (Entered: 10/23/1998)

Oct. 21, 1998

Oct. 21, 1998

28

Deft Richard Mills' Notice of Motion returnable 9/5/97 for an order dismissing complaint. (Greves, Liz) (Entered: 02/02/2000)

Oct. 21, 1998

Oct. 21, 1998

27

MOTION by Donna Schuler to extend time for 14 days to respond to defendants' motion to dismiss . (Asreen, Wendy) Modified on 11/23/1998 (Entered: 11/23/1998)

Nov. 12, 1998

Nov. 12, 1998

24

MOTION by Donna Schuler to extend time for 14 days to respond to defendants' motion to dismiss . (Asreen, Wendy) (Entered: 11/13/1998)

Nov. 13, 1998

Nov. 13, 1998

25

ORDER denying [24−1] [18−1] [15−1] motion to adjourn oral argument on defendants' motion to dismiss, as there will be no oral argument. The motions to dismiss will be taken on submission. Signed by Judge John Gleeson on 11/2/98. {c/m by chambers} (Asreen, Wendy) (Entered: 11/13/1998)

Nov. 13, 1998

Nov. 13, 1998

26

FAXED LETTER dated 10/28/98 from Donna Schuler to Judge Gleeson requesting a rescheduling of the oral argument scheduled for 10/30/98. (Guzzi, Roseann) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

Endorsed order dated 10/28/98 on document #26 that the oral argument is adjourned to 11/13/98 at 10:00. C/faxed. ( Signed by Judge John Gleeson ) (Guzzi, Roseann) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

40

MEMORANDUM and ORDER dated 2/1/2000 that for the reasons stated in this Memo the complaint is dismissed with prejudice as to the School Board defts, the Commissioner, &the CSEA. The Clerk is advised that the only remaining deft is Robert S. Abrams. CM (signed by Judge John Gleeson). (Greves, Liz) (Entered: 02/03/2000)

Feb. 3, 2000

Feb. 3, 2000

41

ORDER, because more than 120 days have elasped after the filing of the complaint and Abrams has not been served, the complaint is dismissed against him. The Clerk is directed to enter judgment in favor of all defts and close this case. (signed by Judge John Gleeson , on 03.15.00) Copies mailed by Chambers. (Forwarded to Pro Se for Judgment) Galeano, Sonia (Entered: 03/17/2000)

March 17, 2000

March 17, 2000

42

LETTER MOTION dated 03.15.00 from Donna Schuler to Judge Gleeson, respectfully requesting that the court once again grant a default summary judgment for petitioner's claims against Robert S. Abrams and that the court appoint a special investigator, prosector, or agency to investigate the financial improprieties found to be present in the Central Islip S.D. Galeano, Sonia (Entered: 03/17/2000)

March 17, 2000

March 17, 2000

43

ORDER dated 3/8/00 that in the Court's memorandum and order dated 2/1/00 the court noted the default of Robert S. Abrams. Plaintiffs are ordered to show cause why their claims against Abrams should not be dismissed. Must respond by 3/17/00. ( signed by Judge John Gleeson, on 3/8/00) c/m (Guzzi, Roseann) (Entered: 03/22/2000)

March 22, 2000

March 22, 2000

44

JUDGMENT dated 3/20/00 that the plaintiffs take nothing of the defendants; that the complaint against defendant Abrams is dismissed; and, that judgment is entered in favor of all defendants. (Signed by Robert C. Heinemann, Clerk of the Court, on 3/20/00) c/m w/appeals pkg. , (Guzzi, Roseann) (Entered: 03/23/2000)

March 23, 2000

March 23, 2000

Case closed. *Magistrate Levy notified. (Guzzi, Roseann) (Entered: 03/23/2000)

March 23, 2000

March 23, 2000

Case Details

State / Territory: New York

Case Type(s):

Education

Key Dates

Filing Date: Sept. 24, 1996

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs consist of taxpayers and property owners from within the Central Islip Union Free School District.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of Education of Central Islip Union Free School District, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Failure to supervise

Failure to train

Language access/needs

Disability and Disability Rights:

disability, unspecified

Discrimination-basis:

National origin discrimination

Type of Facility:

Government-run