Elmwood Franklin School Faces $9 Million Discrimination Suit

Case 1:15-cv-00938-FPG Document 69 Filed 09/28/17 Page 1 of 9

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SHELLONNEE B. CHINN, Plaintiff, Case # 15-CV-938-FPG v.

DECISION AND ORDER THE ELMWOOD FRANKLIN SCHOOL, ET AL., Defendants.

SHELLONNEE B. CHINN, Plaintiff, Case # 15-CV-964-FPG v.

DECISION AND ORDER THE ELMWOOD FRANKLIN SCHOOL, ET AL., Defendants.

SHELLONNEE B. CHINN, Plaintiff, Case # 15-CV-1050-FPG v.

DECISION AND ORDER ANDREW DEYELL, ET AL., Defendants.

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Case 1:15-cv-00938-FPG Document 69 Filed 09/28/17 Page 2 of 9

SHELLONNEE B. CHINN, Plaintiff, Case # 16-CV-61-FPG v.

DECISION AND ORDER ANDREW DEYELL, ET AL., Defendants.

Pro se Plaintiff Shellonnee B. Chinn filed four separate actions in this district, all of which allege similar conduct against overlapping Defendants. For ease of reference, the Court will refer to the cases by their docket number throughout this decision. The four cases are: 1) 2) 3) 4)

Chinn v. Elmwood Franklin, 15-CV-938-FPG Chinn v. Elmwood Franklin, 15-CV-964-FPG Chinn v. Deyell, 15-CV-1050-FPG Chinn v. Duddy, 16-CV-61-FPG

There are several pending motions in these cases, which the Court addresses in turn.

I.

Extension of time to serve in 15-CV-938

In case 15-CV-938-FPG, Plaintiff has moved for a 30 day extension of time to serve the remaining Defendants in this case. ECF No. 29. In support, she states that she has had difficulty serving an out of state Defendant, has served approximately 50% of Defendants, and has attempted service on approximately 80% of Defendants. Id.

For good cause shown, the application is

GRANTED. Plaintiff must effect service on any unserved Defendants by October 31, 2017, or they may be dismissed from this case under Fed. R. Civ. P. 4(m).

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Case 1:15-cv-00938-FPG Document 69 Filed 09/28/17 Page 3 of 9

II.

Extension of time to serve in 15-CV-1050

In case 15-CV-1050-FPG, Plaintiff has also moved for a 30 day extension of time to serve the remaining Defendants in this case. ECF No. 17. In support, she cites the same reasons as in her identical motion filed in case 15-CV-938-FPG: that she has had difficulty serving an out of state Defendant, has served approximately 50% of Defendants, and has attempted service on approximately 80% of Defendants. Id.

For good cause shown, the application is similarly

GRANTED. Plaintiff must effect service on any unserved Defendants by October 31, 2017, or they may be dismissed from this case under Fed. R. Civ. P. 4(m).

III.

Motion for Default Judgment and Motion to Vacate Default of Andrew Deyell

In case 15-CV-1050-FPG, Plaintiff moved for default judgment against Defendant Andrew Deyell (ECF No. 11), and Defendant Deyell responded by moving to vacate the Clerk’s Entry of Default (ECF No. 15).

A Clerk’s entry of default may be set aside “for good cause.” Fed. R. Civ. P. 55(c). The standard for setting aside the Clerk’s entry of default is less rigorous than the “excusable neglect” standard for setting aside a default judgment pursuant to Rule 60(b). See Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981). Under the Meehan test, the principal factors to be considered in deciding to relieve a party of a default are: (1) willfulness; (2) prejudice to the adverse party; and (3) the existence of a meritorious defense. Id. at 277. The Court notes that the Second Circuit has “a strong preference for resolving disputes on the merits,” New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005), and as such, “default judgments are generally disfavored and are reserved for rare

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occasions.” State St. Bank & Trust Co. v. Inversiones Errazuriz Limitada, 374 F.3d 158, 168 (2d Cir. 2004) (quotation marks and citation omitted).

Counsel for Defendant Deyell describes some confusion on behalf of himself and his client, given that Plaintiff filed four similar Complaints, and states that although he answered one of the related Complaints (15-CV-938-FPG), he did not immediately answer the Complaint in this matter (15-CV-1050-FPG). Defendant Deyell recites potentially meritorious defenses in his response, and points out that no prejudice will ensue to Plaintiff, as she is seeking additional time to effect service on all Defendants.

Just as the Court is giving Plaintiff additional time to serve the Complaint, the Court finds that Defendant Deyell is entitled to the same extension. After considering the Meehan factors and the strong preference for resolving disputes on the merits, Plaintiff’s Motion for Default Judgment (ECF No. 11) is DENIED and the Clerk’s Entry of Default (ECF No. 17) is VACATED. Defendant Deyell shall answer or otherwise respond to the Complaint within 21 days of the entry of this Order.

IV.

Costs of Service in 15-CV-938 and 15-CV-1050

Plaintiff seeks costs for having to serve Defendants after she requested that they waive service under Fed. R. Civ. P. 4(d)(1), and where Defendants declined to so waive.

Under the Rule, Defendants “ha[ve] a duty to avoid unnecessary expenses of serving the summons”. Further, under Rule 4(d)(2), if a Defendant fails to waive service after being requested without good cause, the Court must impose on that Defendant “the expenses later incurred in making service.”

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Defendants do not dispute that Plaintiff asked them to waive service and that they declined.

Rather, Defendants advance two arguments in opposition of paying costs to Plaintiff. First, they argue that “none of [the Defendants] were served with[in] 120 days of the Complaint being filed.”

See Case No. 15-CV-1050-FPG, ECF No. 50 at 3; Case No. 15-CV-938-FPG, ECF No. 67. While that statement may be true, it is also irrelevant. When Plaintiff filed her Complaints, she also filed motions to proceed in forma pauperis. As such, the Clerk of Court cannot issue Summonses until the in forma pauperis application has been determined. See, e.g., 28 U.S.C. § 1915(a)(1) (stating that the Court may authorize the commencement of any suit by a person unable to pay the filing fee.) Until the Court has authorized the in forma pauperis application, there is nothing to be served.

Further, the Courts that have addressed similar situations have generally held that the time period to serve the complaint is tolled until either the court grants the in forma pauperis application, or for a reasonable time thereafter if the application is denied, so that the plaintiff may pay the fee.

See, e.g., Williams-Guice v. Board of Educ. of City of Chicago, 45 F.3d 161 (7th Cir. 1995); McDowell v. Delaware State Police, 88 F.3d 188 (3d Cir. 1996).

Here, Plaintiff paid the filing fee in 15-CV-938-FPG and 15-CV-1050-FPG before the Court ruled in her in forma pauperis application. Once the filing fee was paid, the in forma pauperis applications became moot in those cases, and the Clerk of Court issued Summonses for Defendants. As such, Plaintiff’s time to serve Defendants began running upon issuance of the Summonses by the Clerk.

Alternatively, the Court would find that the time period to serve the Complaints in 15-CV938-FPG and 15-CV-1050-FPG under Rule 4(m) should either be tolled or an extension granted, due to the fact that Plaintiff could not serve the Summonses until they were issued, which did not occur until the fee was paid in each case. To hold otherwise would lead to an absurd result: if a

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court does not rule on an in forma pauperis application quickly enough, the Plaintiff could be left with little time (or no time) to then serve Defendants, and could then be in jeopardy of having his or her complaint dismissed.

The Court does not doubt Defendants belief that they were being served in an untimely fashion, but also believes the better course of action would have been to cooperate and avoid unnecessary costs as required by the rule, and waive service under Rule 4. Then, Defendants could move to dismiss based upon untimely service. Such a sequence of events would avoid unnecessary costs and motion practice regarding service of the Summons and Complaint.

Next, Defendants argue that the costs sought by Plaintiff are unsubstantiated, in that the only documentation is an invoice created by Plaintiff and directed towards Defendants, and in any event, are exorbitant and redundant. On this point, the Court agrees.

Plaintiff seeks the imposition of fees in the following amounts, regarding service of the following Defendants in these two cases: 15-CV-938 ECF No. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55

15-CV-1050 ECF No. 21 22 23 24 25 27 26 28 29 30 31 33 32 34 36 35 38 -37

Defendant E.F. School Rich Siren Friedman Duddy Weinmann Scott Scaffidi Khan Clauss Tzetzo Lee Kulpit Joseph Houston Frome Evaldi Acquavita Burnett

Address on Invoice 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 6Â

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15-CV-938 Amount $140 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $180 $80

15-CV-1050 Amount $140 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 -$80

Case 1:15-cv-00938-FPG Document 69 Filed 09/28/17 Page 7 of 9

56 57 58 59 60 61 62 63 64 65 66

39 41 40 43 42 45 44 47 46 48 49

Greene Koch Beltz-Foley Lipke Heneghan Glick Johnson Deyell Schwabe Kupferman Jacobs

104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. 104 New Amsterdam Ave. TOTAL: GRAND TOTAL:

$80 $80 $60 $80 $80 $80 $80 $80 $80 $80 $80 $2540

$80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $2380 $4920

On this record, the Court cannot award these costs to Plaintiff. First, the expenses are unsubstantiated. There is no invoice from a process server, or any receipt of payment to a process server. Rather, there is an “invoice” attached from Plaintiff herself to each of the named Defendants. Further, the invoice does not match up with notations on the proofs of service filed with the Clerk. For example, the proof of service for Defendant Lee in case 15-CV-1050-FPG (ECF No. 20) is signed by a Ken Nixon, who attempted to serve Defendant by leaving the summons with a receptionist at Defendant’s business. That document reflects that Mr. Nixon’s fees were $60.00. However, the invoice from Plaintiff to Defendant Lee seeks $80.00 in costs.

ECF No. 33.

Further, the costs requested are indeed exorbitant. Just as one example, it appears that Mr. Nixon went to Defendants’ place of business on January 9, 2017, and left Complaints and Summonses for 20 Defendants with the receptionist. See ECF Nos. 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32, 34, 36, 38, 40, 42, 44, 46. Each proof of service lists Mr. Nixon’s expenses as $60 for travel, and $0 for services. Since the travel only occurred once, the costs requested could not be $60 times 20, or $1200. Rather, it would seem that a single charge of $60 for travel would be the only permissible expenditure based on the record presently before the Court.

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Case 1:15-cv-00938-FPG Document 69 Filed 09/28/17 Page 8 of 9

In short, Plaintiff’s requested costs are unsubstantiated by proper documentation, and where costs are listed, they are inconsistent and/or exorbitant. As a result, the applications for costs, as listed by the above docket numbers in the chart, are denied without prejudice.

The parties are strongly encouraged to work with each other to resolve the issue of costs incurred – to the extent that reasonable service costs were incurred by Plaintiff – between themselves. If the parties cannot resolve the issue, Plaintiff may file a renewed application for service costs, preferably in one consolidated filing (as opposed to almost 30 separate motions in each of the cases, as was filed here), keeping in mind the principles discussed in this decision regarding costs, amounts, and substantiation.

V.

Consolidation of the four actions

As noted by defense counsel, “Plaintiff filed four very similar Complaints in the Western District of New York against Mr. Deyell, the Elmwood Franklin School, and the other named Defendants.” Case No. 15-CV-1050, ECF No. 15-1 at 2. The Court agrees with this view of the four cases. Under Fed. R. Civ. P. 42, “if actions before the court involve a common question of law of fact, the court may…(2) consolidate the actions.”

Pursuant to Rule 42(a)(2), the four actions, namely: (1) Chinn v. Elmwood Franklin, 15CV-938-FPG; (2) Chinn v. Elmwood Franklin, 15-CV-964-FPG; (3) Chinn v. Deyell, 15-CV1050-FPG; and (4) Chinn v. Duddy, 16-CV-61-FPG are hereby CONSOLIDATED, and all future filings shall occur under the lead docket of 15-CV-938-FPG. No Summonses have been issued in cases 16-CV-61-FPG and 15-CV-938-FPG, and with their consolidation, the pending in forma pauperis applications in those two cases are moot. The Clerk need not issue Summonses from the former cases of 16-CV-61-FPG and 15-CV-938-FPG,

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Case 1:15-cv-00938-FPG Document 69 Filed 09/28/17 Page 9 of 9

since the Defendants in those cases are already Defendants in the cases of 15-CV-1050-FPG and/or 15-CV-938-FPG. So as long as Defendants have been served with a Summons in those cases, no further Summons is required now that the cases are consolidated.

CONCLUSION

For the foregoing reasons, the Court Orders as follows: 1) Plaintiff’s Motions for an extension of time to complete service on Defendants is GRANTED, and she shall have until October 31, 2017 to serve all Defendants; 2) Defendant Deyell’s Motion to Vacate the Clerk’s Entry of Default in Case No. 15-CV-1050 is GRANTED, and Plaintiff’s Motion for Default Judgment against Deyell is DENIED; 3) Plaintiff’s applications for costs regarding service are DENIED WIHTOUT PREJUDICE, and the parties are strongly encouraged to discuss and resolve the issue of reasonable service costs against Defendants amongst themselves; and 4) the cases of (1) Chinn v. Elmwood Franklin, 15-CV-938-FPG; (2) Chinn v. Elmwood Franklin, 15-CV-964-FPG; (3) Chinn v. Deyell, 15-CV-1050-FPG; and (4) Chinn v. Duddy, 16-CV-61FPG are hereby CONSOLIDATED, and all future filings shall occur under the lead docket of 15-CV-938-FPG. 5) After consolidating the cases, the Clerk of Court shall close case numbers 15-CV-964-FPG, 15-CV-1050-FPG, and 16-CV-61-FPG.

IT IS SO ORDERED. Dated: September 28, 2017 Rochester, New York _____________________________________ HON. FRANK P. GERACI, JR. Chief Judge United States District Court

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Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 1 of 8 LEAD,MEDIATION,ProSe

U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo) CIVIL DOCKET FOR CASE #: 1:15−cv−00938−FPG Chinn v. The Elmwood Franklin School et al Assigned to: Hon. Frank P. Geraci, Jr. Demand: $9,000,000 Cause: 42:1983 Civil Rights (Employment Discrimination) Plaintiff Shellonnee B. Chinn

Date Filed: 10/29/2015 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

represented by Shellonnee B. Chinn 55 Janet Street Buffalo, NY 14215 716−316−9312 PRO SE

V. Defendant The Elmwood Franklin School

represented by Brendan Patrick Kelleher Harris Beach LLP Larkin at Exchange 726 Exchange Street Suite 1000 Buffalo, NY 14210 716−200−5050 Fax: 716−200−5201 Email: bkelleher@harrisbeach.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant The Buffalo Public Schools District

represented by Joel Clarence Moore City of Buffalo Corporation Counsel's Office 1100 City Hall 65 Nigara Square Buffalo, NY 14202−3331 716−851−4313 Fax: 716−551−5563 Email: jcmoore@buffaloschools.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Sarah Duddy individually and as The Elmwood Franklin, Lower School Head of School, and Defacto Head of School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Andrew Deyell individually and as The Elmwood Franklin School, Head of School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Fred Acquavita individually, and as The Elmwood

represented by Brendan Patrick Kelleher (See above for address)

Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 2 of 8 Franklin, Interim Head of School, Acting Lower School Head of School, and Defacto Head of School

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Alyssa Schwabe individually, and as The Elmwood Franklin School, Defacto Head of School, and Lower School Teacher

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Patti Scaffidi individually, and as The Elmwood Franklin School, Defacto head of School, and Lower School Teacher

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Molly Clauss individually, and as The Elmwood Franklin School, Defacto Head of School, and Lower School Teacher

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Jenna Evaldi individually, and as The Elmwood Franklin School, Defacto ehad of School, and Lower School Teacher

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Michele Kulpit individually, and as The Elmwood Franklin School, Defacto Head of School, and Lower School Teacher

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant The Elmwood Franklin School Board of Trustees each in their official and individual capacties: Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz−Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, etc.

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Consol Defendant Michael Joseph individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Alice Jacobs individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 3 of 8 Consol Defendant Barry Heneghan individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Catherine Beltz−Foley individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Cyndi Burnett individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Christopher Koch individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Omar Khan individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Brian J. Lipke individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Alon Kupferman individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Kimisha Brown Houston individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Cutler Greene individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Arthur Glick individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 4 of 8 Consol Defendant Keith Frome individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Scott Friedman individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Terri Rich individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Peter Allen Weinmann

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Nicholas B. Tzetzo individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Sonja Siren individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant . Robert Scott individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Anthony Johnson individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Michele Lee individually and as Trustee of The Elmwood Franklin School

represented by Brendan Patrick Kelleher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

09/28/2017

69 DECISION AND ORDER: The Court Orders as follows:

Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 5 of 8 1) Plaintiff's Motions for an extension of time to complete service on Defendants is GRANTED, and she shall have until October 31, 2017 to serve all Defendants; 2) Defendant Deyell's Motion to Vacate the Clerk's Entry of Default in Case No. 15−CV−1050 is GRANTED, and Plaintiff's Motion for Default Judgment against Deyell is DENIED; 3) Plaintiff's applications for costs regarding service are DENIED WIHTOUT PREJUDICE, and the parties are strongly encouraged to discuss and resolve the issue of reasonable service costs against Defendants amongst themselves; and 4) the cases of (1) Chinn v. Elmwood Franklin, 15−CV−938−FPG; (2) Chinn v.

Elmwood Franklin, 15−CV−964−FPG; (3) Chinn v. Deyell, 15−CV−1050−FPG; and (4) Chinn v. Duddy, 16−CV−61−FPG are hereby CONSOLIDATED, and all future filings shall occur under the lead docket of 15−CV−938−FPG. 5) After consolidating the cases, the Clerk of Court shall close case numbers 15−CV−964−FPG, 15−CV−1050−FPG, and 16−CV−61−FPG. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/28/17.A copy of the NEF from each of the 4 cases, and a single copy of the Decision and Order entered in each case has been mailed to the pro se Plaintiff. (SCE) −CLERK TO FOLLOW UP− (Entered: 09/28/2017) 03/21/2017

68 AFFIRMATION filed by The Elmwood Franklin School , et al.. (Attachments: # 1 Civil Cover Sheet Defendant's Cover Letter to Judge Geraci, # 2 Exhibit Complaint, # 3 Exhibit Motion for Enlargement of Time, # 4 Exhibit Plaintiff's Motion for Service Fees)(Kelleher, Brendan) (Entered: 03/21/2017)

03/21/2017

67 AFFIRMATION filed by The Elmwood Franklin School , et al.. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Motion for Enlargement of Time, # 3 Exhibit Plaintiff's Motion for Service Fees, # 4 Civil Cover Sheet Defendant's Cover Letter to Judge)(Kelleher, Brendan) (Entered: 03/21/2017)

03/01/2017

66 MOTION for Payment of Service Costs as to Alice Jacobs by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)

03/01/2017

65 MOTION for Payment of Service Costs as to Alan Kupferman by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)

03/01/2017

64 MOTION for Payment of Service Costs as to Alyssa Schwabe by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)

03/01/2017

63 MOTION for Payment of Service Costs as to Andrew Deyell by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)

03/01/2017

62 MOTION for Payment of Service Costs as to Anthony Johnson by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)

03/01/2017

61 MOTION for Payment of Service Costs as to Arthur Glick by Shellonnee B. Chinn.(NRE) (Entered: 03/03/2017)

03/01/2017

60 MOTION for Payment of Service Costs as to Barry Heneghan by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

59 MOTION for Payment of Service Costs as to Brian J. Lipke by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

58 MOTION for Payment of Service Costs as to Catherine Beltz−Foley by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

57 MOTION for Payment of Service Costs as to Christopher Koch by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 6 of 8 03/01/2017

56 MOTION for Payment of Service Costs as to Cutler Greene by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

55 MOTION for Payment of Service Costs as to Cyndi Burnett by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

54 MOTION for Payment of Service Costs as to Fred Acquavita by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

53 MOTION for Payment of Service Costs as to Jenna Evaldi by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

52 MOTION for Payment of Service Costs as to Keith Frome by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

51 MOTION for Payment of Service Costs as to Kimisha Brown Houston by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

50 MOTION for Payment of Service Costs as to Michael Joseph by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

49 MOTION for Payment of Service Costs as to Michele Kulpit by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

48 MOTION for Payment of Service Costs as to Michele Lee by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

47 MOTION for Payment of Service Costs as to Molly Clauss by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

46 MOTION for Payment of Service Costs as to Nicholas B. Tzeto by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

45 MOTION for Payment of Service Costs as to Omar Kahn by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

44 MOTION for Payment of Service Costs as to Patti Scaffidi by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

43 MOTION for Payment of Service Costs as to Peter Allen Weinmann by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

42 MOTION for Payment of Service Costs as to Robert Scott by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

41 MOTION for Payment of Service Costs as to Sarah Duddy by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

40 MOTION for Payment of Service Costs as to Scott Friedman by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

39 MOTION for Payment of Service Costs as to Sonja Siren by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

38 MOTION for Payment of Service Costs as to Terri Rich by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

03/01/2017

37 MOTION for Payment of Service Costs as to The Elmwood Franklin School by Shellonnee B. Chinn.(NRE) (Entered: 03/02/2017)

01/30/2017

36 SUMMONS Returned Executed by Shellonnee B. Chinn. Fred Acquavita served on 1/27/2017, answer due 2/17/2017. (SG) (Entered: 01/31/2017)

01/24/2017

35 ANSWER to 1 Complaint, by The Buffalo Public Schools District.(Moore, Joel) (Entered: 01/24/2017)

01/24/2017

34 NOTICE of Appearance by Joel Clarence Moore on behalf of The Buffalo Public Schools District (Moore, Joel) (Entered: 01/24/2017)

01/09/2017

33 SUMMONSES returned executed as to Trustees (SG) (Entered: 01/11/2017)

Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 7 of 8 01/05/2017

32 SUMMONS RETURNED Executed by Plaintiff as to Catherine Beltz−Foley. (SG) (Entered: 01/09/2017)

01/05/2017

31 SUMMONS Returned Executed by Shellonnee B. Chinnas to The Elmwood Franklin School (SG) (Entered: 01/09/2017)

01/05/2017

30 SUMMONS Returned Executed by Shellonnee B. Chinn. The Buffalo Public Schools District served on 1/5/2017, answer due 1/26/2017. (SG) (Entered: 01/09/2017)

01/03/2017

29 MOTION for extension of time to serve by Shellonnee B. Chinn. (Attachments: # 1 Proposed Order)(SG) (Entered: 01/04/2017)

12/22/2016

28 NOTICE of Defendant's Failure to Comply with Electronic Filing and Service of Documents by Shellonnee B. Chinn (SG) (Entered: 12/22/2016)

12/08/2016

27 NOTICE of Defendant's Failure to Comply with FRCP 7.1 by Shellonnee B. Chinn (SG) (Entered: 12/12/2016)

12/06/2016

26 NOTICE of Defendant's Failure to Comply with FRCP 5(a) by Shellonnee B. Chinn (SG) (Entered: 12/07/2016)

11/10/2016

25 SUMMONS Returned Executed by Shellonnee B. Chinn. Michele Kulpit served on 11/10/2016, answer due 12/1/2016. (SG) (Entered: 11/15/2016)

11/10/2016

24 SUMMONS Returned Executed by Shellonnee B. Chinn. The Elmwood Franklin School served on 11/10/2016, answer due 12/1/2016. (SG) (Entered: 11/15/2016)

11/01/2016

23 SUMMONS Returned Executed by Shellonnee B. Chinn. Patti Scaffidi served on 10/31/2016, answer due 11/21/2016. (SG) (Entered: 11/02/2016)

11/01/2016

22 Letter from Plaintiff, dated 11/1/16, to Brendan P. Kelleher, Esq. (SG) (Entered: 11/01/2016)

10/24/2016

21 AFFIDAVIT of Service for Summons and Complaint served on Andrew Deyell on 10/24/2016, filed by Shellonnee B. Chinn. (KLH) (Entered: 10/25/2016)

10/24/2016

Clerk's Default Not Entered. Plaintiff notified. Reason: Answer timely filed. (KLH) (Entered: 10/24/2016)

10/24/2016

20 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against The Elmwood Franklin School Board of Trustees. (KLH) (Entered: 10/24/2016)

10/24/2016

19 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Alyssa Schwabe. (KLH) (Entered: 10/24/2016)

10/24/2016

18 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against The Elmwood Franklin School Board of Trustees − Arthur Glick. (KLH) Modified on 10/24/2016 to correct file date (KLH). (Entered: 10/24/2016)

10/24/2016

17 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against The Elmwood Franklin School Board of Trustees − Christopher Koch. (KLH) Modified on 10/24/2016 to identify individual deft and correct file date (KLH). (Entered: 10/24/2016)

10/20/2016

16 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Molly Clauss.

(KLH) (Entered: 10/24/2016)

10/20/2016

15 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Sarah Duddy.

(KLH) (Entered: 10/24/2016)

10/20/2016

14 REQUEST for Clerk's Entry of Default by Shellonnee B. Chinn against Jenna Evaldi.

(KLH) (Entered: 10/24/2016)

10/17/2016

ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative−dispute−resolution(SG) (Entered: 10/17/2016)

10/14/2016

13 ANSWER to 1 Complaint, by Fred Acquavita, Molly Clauss, Andrew Deyell, Sarah Duddy, Jenna Evaldi, Michele Kulpit, Patti Scaffidi, Alyssa Schwabe, The Buffalo Public Schools District, The Elmwood Franklin School, The Elmwood Franklin School Board of Trustees.(Kelleher, Brendan) (Entered: 10/14/2016)

Case: 1:15-cv-00938-FPG As of: 10/02/2017 10:15 AM EDT 8 of 8 09/27/2016

12 AFFIRMATION/CERTIFICATE OF SERVICE by Shellonnee B. Chinn (SG) (Entered: 09/29/2016)

09/27/2016

11 AFFIRMATION/CERTIFICATE OF SERVICE by Shellonnee B. Chinn (SG) (Entered: 09/29/2016)

09/27/2016

10 AFFIRMATION/CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/29/2016)

09/27/2016

9 SUMMONS Returned Executed by Shellonnee B. Chinn. Alyssa Schwabe served on 9/27/2016, answer due 10/18/2016. (SG) (Entered: 09/29/2016)

09/27/2016

8 AMENDED SUMMONS Returned Executed by Shellonnee B. Chinn. Molly Clauss served on 9/23/2016, answer due 10/14/2016. (SG) (Entered: 09/29/2016)

09/27/2016

7 AMENDED SUMMONS Returned Executed by Shellonnee B. Chinn. Jenna Evaldi served on 9/23/2016, answer due 10/14/2016. (SG) (Entered: 09/29/2016)

09/27/2016

6 AMENDED SUMMONS Returned Executed by Shellonnee B. Chinn. Sarah Duddy served on 9/23/2016, answer due 10/14/2016. (SG) (Entered: 09/29/2016)

09/23/2016

5 CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/26/2016)

09/23/2016

4 CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/26/2016)

09/23/2016

3 CERTIFICATE OF SERVICE by Shellonnee B. Chinn re 1 Complaint, (SG) (Entered: 09/26/2016)

09/06/2016

Summons Issued as to Fred Acquavita, Molly Clauss, Andrew Deyell, Sarah Duddy, Jenna Evaldi, Michele Kulpit, Patti Scaffidi, Alyssa Schwabe, The Buffalo Public Schools District, The Elmwood Franklin School, The Elmwood Franklin School Board of Trustees. (SG) (Entered: 09/06/2016)

09/06/2016

Filing fee: $ 400.00, receipt number 52025 (SG) (Entered: 09/06/2016)

11/02/2015

Consent to Proceed Before a Magistrate Judge mailed to plaintiff. (SG) (Entered: 11/02/2015)

10/29/2015

AUTOMATIC REFERRAL to Mediation The ADR Plan was handed to plaintiff at Intake along with List of Mediators and Privacy Notice.(SG) (Entered: 11/02/2015)

10/29/2015

2 MOTION for Leave to Proceed in forma pauperis by Shellonnee B. Chinn.(SG) (Entered: 11/02/2015)

10/29/2015

1 COMPLAINT against Fred Acquavita, Molly Clauss, Andrew Deyell, Sarah Duddy, Jenna Evaldi, Michele Kulpit, Patti Scaffidi, Alyssa Schwabe, The Buffalo Public Schools District, The Elmwood Franklin School, The Elmwood Franklin School Board of Trustees, filed by Shellonnee B. Chinn.(SG) (Entered: 11/02/2015)