| Court: | nyed |
| Docket #: | 1:12-cv-00098 |
| Case Name: | Phillips v. City of New York |
| PACER case #: | 325949 |
| Date filed: | 2012-01-09 |
| Date of last filing: | 2014-06-20 |
| Assigned to: | Judge William F. Kuntz, II |
| Referred to: | Magistrate Judge Lois Bloom |
| Case Cause: | 28:1441 Notice of Removal |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Nicole Phillips Plaintiff individually and on behalf of B.P. and S.P., minors |
Jonathan Matthew Victor Patricia Finn |
| Fabian Mendoza-Vaca Plaintiff individually and on behalf of MM and VM, minors |
Jonathan Matthew Victor Patricia Finn |
| Dina Check Plaintiff on behalf of minor MC |
Patricia Finn |
| City of New York Defendant |
Thaddeus Jeremiah Hackworth Chlarens Orsland Gloria Mihee Yi |
| Eric T. Schneiderman Defendant in His Official Capacity as Attorney General, State of New York |
Todd Alan Spiegelman |
| Dr. Nirav R. Shah Defendant in His Offcial Capacity as Commissioner, New York State Department of Health |
Todd Alan Spiegelman |
| New York City Department of Education Defendant |
Chlarens Orsland |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-01-09 | 1 | 0 | NOTICE OF REMOVAL from the Supreme Court of the State of New York, Queens County by City of New York ( Filing fee $ 350) Disclosure Statement on Civil Cover Sheet completed -no, (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 01/10/2012) | |||
| 1 | 1 | Civil Cover Sheet | ||||
| 2012-01-19 | 2 | 0 | Notice of Related Case (Bowens, Priscilla) (Entered: 01/19/2012) | |||
| 2012-01-19 | 3 | 0 | Notice of Related Case (Hackworth, Thaddeus) (Entered: 01/19/2012) | |||
| 2012-01-19 | 4 | 0 | Letter MOTION for pre motion conference by City of New York. (Hackworth, Thaddeus) (Entered: 01/19/2012) | |||
| 2012-01-26 | 5 | 0 | ORDER: An initial conference in the above-captioned case has been scheduled for March 30, 2012 at 11:00 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiffs' counsel is directed to confirm with defendants counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 1/26/12. (Marino, Janine) (Entered: 01/26/2012) | |||
| 2012-02-14 | 6 | 0 | NOTICE of Appearance by Gloria Mihee Yi on behalf of City of New York (aty to be noticed) (Yi, Gloria) (Entered: 02/14/2012) | |||
| 2012-03-20 | 7 | 0 | CERTIFICATE OF SERVICE by Nicole Phillips of Rule 26 Disclosures (Victor, Jonathan) (Entered: 03/20/2012) | |||
| 2012-05-02 | 8 | 0 | First MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Nicole Phillips. (Victor, Jonathan) (Entered: 05/02/2012) | |||
| 2012-05-02 | 9 | 0 | First MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Nicole Phillips. (Victor, Jonathan) (Entered: 05/02/2012) | |||
| 2012-06-27 | 10 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Fed. R. Civ. P. 12(b)(6) by City of New York. (Attachments: # 1 Certificate of Service) (Yi, Gloria) (Entered: 06/27/2012) | |||
| 2012-06-27 | 11 | 0 | MEMORANDUM in Support re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Fed. R. Civ. P. 12(b)(6) filed by City of New York. (Attachments: # 1 Certificate of Service) (Yi, Gloria) (Entered: 06/27/2012) | |||
| 2012-06-27 | 12 | 0 | MEMORANDUM in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Fed. R. Civ. P. 12(b)(6) filed by Nicole Phillips. (Attachments: # 1 Certificate of Service) (Yi, Gloria) (Entered: 06/27/2012) | |||
| 2012-06-27 | 13 | 0 | MEMORANDUM in Support re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM pursuant to Fed. R. Civ. P. 12(b)(6) (Reply Memorandum) filed by City of New York. (Attachments: # 1 Certificate of Service) (Yi, Gloria) (Entered: 06/27/2012) | |||
| 2012-06-28 | 14 | 0 | First MOTION to Amend/Correct/Supplement 12 Memorandum in Opposition with Exhibit 1 by Nicole Phillips. (Attachments: # 1 Exhibit Exhbit 1) (Victor, Jonathan) (Entered: 06/28/2012) | |||
| 2013-02-26 | 15 | 0 | MOTION to Adjourn Conference /Cancel Conference pending resolution of anticipated motion by City of New York, City of New York. Associated Cases: 1:12-cv-00098-WFK-RML, 1:12-cv-00237-WFK-RML (Yi, Gloria) (Entered: 02/26/2013) | |||
| 2013-10-09 | 16 | 0 | Letter by Nicole Phillips, Fabian Mendoza-Vaca Associated Cases: 1:12-cv-00098-WFK-RML, 1:12-cv-00237-WFK-RML (Finn, Patricia) (Entered: 10/09/2013) | |||
| 2013-10-10 | 17 | 0 | NOTICE of Appearance by Chlarens Orsland on behalf of City of New York (aty to be noticed) (Orsland, Chlarens) (Entered: 10/10/2013) | |||
| 2013-10-15 | 18 | 0 | Letter response to letter of Patricia Finn, Esq., dated October 9, 2013 by City of New York, City of New York Associated Cases: 1:12-cv-00098-WFK-RML, 1:12-cv-00237-WFK-RML (Orsland, Chlarens) (Entered: 10/15/2013) | |||
| 2013-10-22 | 19 | 0 | DECISION AND ORDER: Upon review of the record in this case, having heard the arguments of the parties at a status conference held on Friday, October 18, 2013, the Court hereby orders as follows: Any stays of discovery in the above captioned cases are hereby lifted. The parties are directed to appear before United States Magistrate Judge Lois Bloom to set a schedule for discovery and to resolve any and all discovery-related disputes. The bench trial currently scheduled to begin on Monday, November 18, 2013 in Phillips (12-cv-98) and Mendoza-Vaca (12-cv-237) is hereby adjourned. The cases, now consolidated with Check (13-cv-791), will proceed to a four-day bench trial beginning at 9:30 A.M. on Monday, June 30, 2014. Plaintiff is granted leave amend the complaints in the above captioned cases. The amended complaints shall be filed on or before 5:00 P.M. on Friday, November 2, 2013. Defendant has thirty (30) days to respond to the amended complaints, whether by answer or dispositive motion. Notwithstanding this Court's Individual Rules, Defendant may move to dismiss the complaints without first requesting a pre-motion conference. If Defendant elects to move to dismiss the complaints, the parties shall confer and file a proposed briefing schedule on ECF on or before 5:00 P.M. on Friday, December 2, 2013. Discovery will not be stayed by the filing of any dispositive motions. Ordered by Judge William F. Kuntz, II on 10/21/2013. (Brucella, Michelle) (Entered: 10/22/2013) | |||
| 2013-11-19 | 20 | 0 | SUMMONS Returned Executed by Nicole Phillips. (Finn, Patricia) (Entered: 11/19/2013) | |||
| 2013-11-19 | 21 | 0 | SUMMONS Returned Executed by Nicole Phillips. (Finn, Patricia) (Entered: 11/19/2013) | |||
| 2013-12-02 | 22 | 0 | Proposed Scheduling Order for New York City Defendants' Motion to Dismiss the Complaints (or Alternatively for Summary Judgement) by City of New York, New York City Department of Education, City of New York Associated Cases: 1:12-cv-00098-WFK-LB, 1:12-cv-00237-WFK-LB, 1:13-cv-00791-WFK-LB (Orsland, Chlarens) (Entered: 12/02/2013) | |||
| 2013-12-02 | 23 | 0 | Letter from Chlarens Orsland cc'ed to Magistrate Judge Bloom (per Judge Kuntz's Individual Rules of Practice) Indicating Service of Motion to Dismiss (or for Summary Judgement) by City of New York, New York City Department of Education, City of New York Associated Cases: 1:12-cv-00098-WFK-LB, 1:12-cv-00237-WFK-LB, 1:13-cv-00791-WFK-LB (Orsland, Chlarens) (Entered: 12/02/2013) | |||
| 2013-12-03 | 24 | 0 | ORDER: re (47 in 1:13-cv-00791-WFK-LB) Proposed Scheduling Order: The application is granted. Ordered by Judge William F. Kuntz, II on 12/2/2013. Associated Cases: 1:12-cv-00098-WFK-LB, 1:12-cv-00237-WFK-LB, 1:13-cv-00791-WFK-LB (Brucella, Michelle) (Entered: 12/03/2013) | |||
| 2013-12-12 | 25 | 0 | REPORT of Rule 26(f) Planning Meeting Associated Cases: 1:12-cv-00098-WFK-LB, 1:12-cv-00237-WFK-LB, 1:13-cv-00791-WFK-LB (Spiegelman, Todd) (Entered: 12/12/2013) | |||
| 2013-12-18 | 26 | 0 | Letter from Todd Spiegelman, copied to Judge Bloom (per Judge Kuntz's Individual Practice Rules) indicating service of State Defendants' Motion to Dismiss by Eric T. Schneiderman, Nirav R. Shah (Spiegelman, Todd) (Entered: 12/18/2013) | |||
| 2013-12-18 | 27 | 0 | NOTICE of Appearance by Todd Alan Spiegelman on behalf of Eric T. Schneiderman, Nirav R. Shah (aty to be noticed) (Spiegelman, Todd) (Entered: 12/18/2013) | |||
| 2013-11-01 | 28 | 0 | AMENDED COMPLAINT by all Plaintiffs against All Defendants, filed by Nicole Phillips. (Attachments: # 1 Proposed Summons AG, # 2 Proposed Summons Commissioner) (Nair, Rekha) (Entered: 12/19/2013) | |||
| 28 | 1 | Proposed Summons AG | ||||
| 28 | 2 | Proposed Summons Commissioner | ||||
| 2013-12-24 | 29 | 0 | Proposed Scheduling Order for City and State Defendants' Motions to Dismiss the Amended Complaint by Eric T. Schneiderman, Nirav R. Shah (Spiegelman, Todd) (Entered: 12/24/2013) | |||
| 2014-01-24 | 30 | 0 | First MOTION for Extension of Time to File Response/Reply (Replies) in further support of City and State Defendants' Motions to Dismiss by Eric T. Schneiderman, Nirav R. Shah. (Spiegelman, Todd) (Entered: 01/24/2014) | |||
| 2014-01-28 | 31 | 0 | ORDER granting 30 Motion for Extension of Time to File Response/Reply. Ordered by Judge William F. Kuntz, II. (Brucella, Michelle) (Entered: 01/28/2014) | |||
| 2014-02-10 | 32 | 0 | Fully Briefed MOTION for Summary Judgment or, in the alternative,, Fully Briefed Motion to Dismiss for Failure to State a Claim by City of New York, New York City Department of Education, City of New York. (Attachments: # 1 Notice of Motion, # 2 Declaration of Chlarens Orsland in Support of City Defendants' Motion, # 3 Exhibit A (Orsland Decl.), # 4 Exhibit B (Orsland Decl.), # 5 Declaration of Jennifer Rosen, M.D., in Support of Motion, # 6 Rule 56.1 Statement (City Defendants), # 7 Memorandum in Support, # 8 Declaration of Patricia Finn in Opposition to Motion, # 9 Memorandum in Opposition, # 10 Memorandum in Support (City Defendants' Reply Memorandum)) Associated Cases: 1:12-cv-00098-WFK-LB, 1:12-cv-00237-WFK-LB, 1:13-cv-00791-WFK-LB (Orsland, Chlarens) (Entered: 02/10/2014) | |||
| 32 | 1 | Notice of Motion | ||||
| 32 | 2 | Declaration of Chlarens Orsland in Support of City Defendants' Motion | ||||
| 32 | 3 | Exhibit A (Orsland Decl.) | ||||
| 32 | 4 | Exhibit B (Orsland Decl.) | ||||
| 32 | 5 | Declaration of Jennifer Rosen, M.D., in Support of Motion | ||||
| 32 | 6 | Rule 56.1 Statement (City Defendants) | ||||
| 32 | 7 | Memorandum in Support | ||||
| 32 | 8 | Declaration of Patricia Finn in Opposition to Motion | ||||
| 32 | 9 | Memorandum in Opposition | ||||
| 32 | 10 | Memorandum in Support (City Defendants' Reply Memorandum) | 2014-05-21 04:34:21 | 0c813b7ce6d49d48723550a7effbf2433d98833a | ||
| 2014-02-10 | 33 | 0 | First MOTION to Dismiss Plaintiffs' Amended Complaint (State Defendants' Fully Briefed Motion to Dismiss under Rules 12(b)(1) and 12(b)(6)) by Eric T. Schneiderman, Nirav R. Shah. (Attachments: # 1 Notice of Motion, # 2 Affidavit of Lynn Berger in Support of State Defendants' Motion, # 3 Declaration of Todd Spiegelman in Support of State Defendants' Motion, # 4 Ex. A to Spiegelman Decl., # 5 Ex. B to Spiegelman Decl., # 6 Memorandum in Support, # 7 Declaration of Service, # 8 Declaration of Patricia A. Finn in Opposition to Motion, # 9 Memorandum in Opposition, # 10 Reply Declaration of Todd Spiegelman in Further Support of State Defendants' Motion, # 11 Spiegelman Reply Decl. Ex. A, # 12 Reply Memo of Law, # 13 Declaration of Service.Reply) (Spiegelman, Todd) (Entered: 02/10/2014) | |||
| 33 | 1 | Notice of Motion | ||||
| 33 | 2 | Affidavit of Lynn Berger in Support of State Defendants' Motion | ||||
| 33 | 3 | Declaration of Todd Spiegelman in Support of State Defendants' Motion | ||||
| 33 | 4 | Ex. A to Spiegelman Decl. | ||||
| 33 | 5 | Ex. B to Spiegelman Decl. | ||||
| 33 | 6 | Memorandum in Support | ||||
| 33 | 7 | Declaration of Service | ||||
| 33 | 8 | Declaration of Patricia A. Finn in Opposition to Motion | ||||
| 33 | 9 | Memorandum in Opposition | ||||
| 33 | 10 | |||||
| 33 | 11 | Spiegelman Reply Decl. Ex. A | ||||
| 33 | 12 | Reply Memo of Law | ||||
| 33 | 13 | Declaration of Service.Reply | ||||
| 2014-03-03 | 34 | 0 | CERTIFICATE OF SERVICE by Dina Check, Fabian Mendoza-Vaca, Nicole Phillips (Finn, Patricia) (Entered: 03/03/2014) | |||
| 2014-03-13 | 35 | 0 | DECISION AND ORDER: Plaintiff's Objection is overruled and this Court hereby ADOPTS Magistrate Judge Bloom's Report and Recommendation of September 11, 2013 in its entirety. Therefore, Plaintiff's Motion for a preliminary injunction is DENIED. Ordered by Judge William F. Kuntz, II on 3/12/2014. Associated Cases: 1:12-cv-00098-WFK-LB, 1:12-cv-00237-WFK-LB, 1:13-cv-00791-WFK-LB (Brucella, Michelle) (Entered: 03/13/2014) | 2014-03-14 07:19:47 | 2002df24c7f3fdb85980627a1aea519cc54d7b54 | |
| 2014-03-18 | 36 | 0 | CERTIFICATE OF SERVICE by Dina Check, Fabian Mendoza-Vaca, Nicole Phillips of Witness List (Finn, Patricia) (Entered: 03/18/2014) | |||
| 2014-04-01 | 37 | 0 | CERTIFICATE OF SERVICE by Dina Check, Fabian Mendoza-Vaca, Nicole Phillips (Finn, Patricia) (Entered: 04/01/2014) | |||
| 2014-05-29 | 38 | 0 | First MOTION to Adjourn Conference /Trial by Eric T. Schneiderman, Nirav R. Shah. (Spiegelman, Todd) (Entered: 05/29/2014) | |||
| 2014-06-05 | 39 | 0 | DECISION AND ORDER: Defendants' motions to dismiss are GRANTED and Plaintiffs' claims are dismissed in their entirety. Ordered by Judge William F. Kuntz, II on 6/4/2014. Associated Cases: 1:12-cv-00098-WFK-LB, 1:12-cv-00237-WFK-LB, 1:13-cv-00791-WFK-LB (Brucella, Michelle) (Entered: 06/05/2014) | 2014-06-23 22:54:21 | e971973ec54a489b6442c18f837fbc04cfbc22e2 | |
| 2014-06-10 | 40 | 0 | NOTICE OF APPEAL as to (53 in 1:13-cv-00791-WFK-LB, 53 in 1:13-cv-00791-WFK-LB, 53 in 1:13-cv-00791-WFK-LB, 39 in 1:12-cv-00098-WFK-LB, 39 in 1:12-cv-00098-WFK-LB, 39 in 1:12-cv-00098-WFK-LB, 28 in 1:12-cv-00237-WFK-LB, 28 in 1:12-cv-00237-WFK-LB, 28 in 1:12-cv-00237-WFK-LB) Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion to Dismiss for Failure to State a Claim,,, by Dina Check, Fabian Mendoza-Vaca, Nicole Phillips. Filing fee $ 505, receipt number 0207-6984786. Appeal Record due by 9/8/2014. (Finn, Patricia) (Entered: 06/10/2014) | |||
| 2014-06-19 | 41 | 0 | MOTION for Reconsideration re 39 Order on Motion for Summary Judgment, Order on Motion to Dismiss for Failure to State a Claim,,,, by Dina Check, Fabian Mendoza-Vaca, Nicole Phillips. (Attachments: # 1 Declaration of Patricia Finn Esq., # 2 Memorandum of Law, # 3 Exh 1_Transcript of Julia Sykes Deposition, # 4 Exh 2_Shoenfeld Expert Report, # 5 Exh 3_NYC Discovery Docs) (Finn, Patricia) (Entered: 06/19/2014) | |||
| 2014-06-20 | 42 | 0 | DECISION AND ORDER: Plaintiffs' motion for reconsideration is DENIED. Ordered by Judge William F. Kuntz, II on 6/19/2014. (Brucella, Michelle) (Entered: 06/20/2014) | 2014-07-25 03:20:00 | e9178cf2d46292eb38e2d4f288dc43940e646446 |