Genn v. New Haven Board of Education et al
Federal Civil Lawsuit Connecticut District Court, Case No. 3:12-cv-00704-CSH

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Last Updated October 3, 2017 at 3:42 PM DT (4.1 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Nancy Genn, Plaintiff

Toggle Switch Represented by Furniss & Quinn

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Rose Longo-McLean +1 203 562 9931 r.l.mclean@snet.net
v.
No Logo Kathryn Carbone, Defendant

Toggle Switch Represented by Berchem, Moses & Devlin, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian W. Smith +1 203 882 4155 bsmith@bmdlaw.com
No Logo New Haven Board of Education, Defendant

Toggle Switch Represented by Berchem, Moses & Devlin, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian W. Smith +1 203 882 4155 bsmith@bmdlaw.com
No Logo Patricia Moore, Defendant

Toggle Switch Represented by Berchem, Moses & Devlin, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian W. Smith +1 203 882 4155 bsmith@bmdlaw.com
No Logo Reginald Mayo, Defendant

Toggle Switch Represented by Berchem, Moses & Devlin, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian W. Smith +1 203 882 4155 bsmith@bmdlaw.com
No Logo Typhanie Jackson, Defendant

Toggle Switch Represented by Berchem, Moses & Devlin, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian W. Smith +1 203 882 4155 bsmith@bmdlaw.com
Citation Section 20 U.S.C. § 1400
Nature of Suit Civil Rights: Americans with Disabilities - Other
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Legal Document (Payment Possibly Required) 57 Filed: 10/3/2017, Entered: None Judgment
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    Legal Document (Payment Possibly Required) 56 Filed: 7/31/2017, Entered: None Notice (Other)
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      Legal Document (Payment Possibly Required) 55 Filed: 7/17/2017, Entered: None Order on Motion for Attorney Fees
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        Legal Document (Payment Possibly Required) 54 Filed: 5/22/2017, Entered: None Objection
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          Legal Document (Payment Possibly Required) 53 Filed: 5/18/2017, Entered: None Attorney Fees
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            Legal Document (Payment Possibly Required) 52 Filed: 5/15/2017, Entered: None Order on Motion for Attorney Fees
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              Legal Document (Payment Possibly Required) 51 Filed: 12/20/2016, Entered: None Objection
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                Legal Document (Payment Possibly Required) 50 Filed: 12/7/2016, Entered: None Attorney Fees
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                  Legal Document (Payment Possibly Required) 49 Filed: 11/30/2016, Entered: None Order on Motion for Summary Judgment
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                    Legal Document (Payment Possibly Required) 48 Filed: 9/26/2016, Entered: None Unknown Document TypeCourt Filing
                    Currently under the Court's advisement are both party's cross-motions for summary judgment. Docs. 36 and 37 . Ten days ago, the Court requested a copy of the Final Decision and Order at issue in this case decided April 9, 2012 to be delivered to chambers by Plaintiff "as soon as is practicable." Thus far, it has not been delivered to chambers. Plaintiff is directed to deliver courtesy copies of the document directly to chambers on or before September 30, 2016, at the following address: Connecticut Financial Center, 157 Church Street, 17th Floor, New Haven, CT 06510. Plaintiff need not direct a copy to the Clerk of Court, nor to the Defendants. Signed by Judge Charles S. Haight, Jr. on September 26, 2016. (Overbey, C.) (Entered: 09/26/2016)
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                      Legal Document (Payment Possibly Required) 47 Filed: 9/16/2016, Entered: None Unknown Document TypeCourt Filing
                      Currently under the Court's advisement are both party's cross-motions for summary judgment. Docs. 36 and 37 . Previously, the Court requested 46 a copy of the voluminous record to be delivered to Chambers. However, the record included the Final Decision and Order decided in 2011, rather than the Final Decision and Order at issue in this case decided April 9, 2012. Though it is listed as "Attachment 1" to the Complaint, the Final Decision and Order was not filed electronically alongside the Complaint. As such, as soon as is practicable, Plaintiff is directed to deliver courtesy copies of same directly to chambers, at the following address: Connecticut Financial Center, 157 Church Street, 17th Floor, New Haven, CT 06510. Plaintiff need not direct a copy to the Clerk of Court, nor to the Defendants. Signed by Judge Charles S. Haight, Jr. on September 16, 2016. (Overbey, C.) (Entered: 09/16/2016)
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                        Legal Document (Payment Possibly Required) 46 Filed: 7/19/2016, Entered: None Unknown Document TypeCourt Filing
                        Currently under the Court's advisement are both party's cross-motions for summary judgment. Docs. 36 37 . In furtherance of the Court's resolution of that dispute, the Court would benefit from being in possession of hard copies of the voluminous administrative record and hearing transcripts. As such, as soon as is practicable, Defendants are directed to deliver courtesy copies of same directly to chambers, at the following address: Connecticut Financial Center, 157 Church Street, 17th Floor, New Haven, CT 06510. Defendant need not direct a copy to the Clerk of Court, nor to the Plaintiff. Signed by Judge Charles S. Haight, Jr. on July 19, 2016.(Overbey, C.) (Entered: 07/19/2016)
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                          Legal Document (Payment Possibly Required) 45 Filed: 7/18/2016, Entered: None Unknown Document TypeCourt Filing
                          ELECTRONIC ORDER granting, pursuant to Local Rule 5(e)(4)(c) and for good cause shown, Defendants' 31 Motion to Seal their Motion for Summary Judgment and 40 Motion to Seal their Objection to Plaintiff's Motion for Summary Judgment, as well as to seal those exhibits attached thereto. These documents, which the Court seals with this Order, contain a minor's educational, treatment, and other records and information; accordingly, given their subject matter and the subject of this lawsuit, the Court holds that sealing such documents is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. Signed by Judge Charles S. Haight, Jr. on July 18, 2016.(Overbey, C.) (Entered: 07/18/2016)
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                            Legal Document (Payment Possibly Required) 44 Filed: 6/22/2015, Entered: None Sealed Document
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                              Sealed Legal Document 44 Filed: 6/19/2015, Entered: None Unknown Document Type
                              Sealed Document: Objection, Memorandum in Support, Statement of Material Facts in response to 36 MOTION for Summary Judgment .filed by Kathryn Carbone, Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education (Pesta, J.) (Entered: 06/22/2015)
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                                Legal Document (Payment Possibly Required) 43 Filed: 6/19/2015, Entered: None Memorandum in Opposition to Motion
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                                  Legal Document (Payment Possibly Required) 42 Filed: 6/19/2015, Entered: None Statement of Material Facts
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                                    Legal Document (Payment Possibly Required) 41 Filed: 6/19/2015, Entered: None Objection
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                                      Legal Document (Payment Possibly Required) 40 Filed: 6/19/2015, Entered: None Seal
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                                        Legal Document (Payment Possibly Required) 39 Filed: 5/29/2015, Entered: None Unknown Document TypeCourt Filing
                                        ORDER granting parties' 38 joint motion for extension of time until June 22, 2015, "to file their respective responses to the motions for summary judgment." Doc. 38 at 1. Signed by Judge Charles S. Haight, Jr. on May 29, 2015. (Pylman, J.) (Entered: 05/29/2015)
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                                          Legal Document (Payment Possibly Required) 38 Filed: 5/28/2015, Entered: None extension of time
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                                            Legal Document (Payment Possibly Required) 37 Filed: 5/18/2015, Entered: None SUMMARY JUDGMENT
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                                              Legal Document (Payment Possibly Required) 37 Filed: 5/8/2015, Entered: None Unknown Document Type
                                              MOTION for Summary Judgment by Kathryn Carbone, Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education.Responses due by 5/29/2015 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit A)Motions referred to Joan G. Margolis(Pesta, J.) (Entered: 05/18/2015)
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                                                Legal Document (Payment Possibly Required) 36 Filed: 5/8/2015, Entered: None SUMMARY JUDGMENT
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                                                  Legal Document (Payment Possibly Required) 35 Filed: 5/8/2015, Entered: None Exhibit
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                                                    Legal Document (Payment Possibly Required) 34 Filed: 5/8/2015, Entered: None Statement of Material Facts
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                                                      Legal Document (Payment Possibly Required) 33 Filed: 5/8/2015, Entered: None Memorandum in Support of Motion
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                                                        Legal Document (Payment Possibly Required) 32 Filed: 5/8/2015, Entered: None SUMMARY JUDGMENT
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                                                          Legal Document (Payment Possibly Required) 31 Filed: 5/8/2015, Entered: None Seal
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                                                            Legal Document (Payment Possibly Required) 30 Filed: 3/13/2015, Entered: None Unknown Document TypeCourt Filing
                                                            ORDER granting parties' 29 Joint Motion for Extension of Time until May 8, 2015, to file cross-motions for summary judgment. Signed by Judge Charles S. Haight, Jr. on March 13, 2015. (Pylman, J.) (Entered: 03/13/2015)
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                                                              Legal Document (Payment Possibly Required) 29 Filed: 3/12/2015, Entered: None extension of time
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                                                                Legal Document (Payment Possibly Required) 28 Filed: 3/11/2015, Entered: None Order
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                                                                  Legal Document (Payment Possibly Required) 27 Filed: 1/31/2014, Entered: None Unknown Document TypeCourt Filing
                                                                  ELECTRONIC ORDER granting, pursuant to Local Rule 5(e)(4)(c) and for good cause shown, 24 Defendants' Motion to Seal their Objection to 23 Plaintiff's proffered affidavit, as well as to seal those exhibits attached thereto. These documents, which the Court seals with this Order, contain a minor's educational, treatment, and other records and information; accordingly, given their subject matter and the subject of this lawsuit, the Court holds that sealing such documents is supported by clear and compelling reasons and is narrowly tailored to serve those reasons. Signed by Judge Charles S. Haight, Jr. on 1/31/14. (Hornstein, A) (Entered: 01/31/2014)
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                                                                    Sealed Legal Document 26 Filed: 1/31/2014, Entered: None Unknown Document Type
                                                                    Sealed Document: Exhibits by New Haven Board of Education re 24 MOTION to Seal and Memorandum of Law in Support of Objection to Affidavit and Exhibits in Support of Objection, 25 Objection. (Attachments: # 1 Exhibit)(Falcone, K.) (Entered: 01/31/2014)
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                                                                      Legal Document (Payment Possibly Required) 25 Filed: 1/31/2014, Entered: None Unknown Document Type
                                                                      OBJECTION re 23 Sealed affidavit filed by Kathryn Carbone, Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education. (Smith, Brian) (Entered: 01/31/2014)
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                                                                        Legal Document (Payment Possibly Required) 24 Filed: 1/30/2014, Entered: None Unknown Document Type
                                                                        MOTION to Seal and Memorandum of Law in Support of Objection to Affidavit and Exhibits in Support of Objection by Kathryn Carbone, Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education. Motions referred to Joan G. Margolis(Smith, Brian) (Entered: 01/30/2014)
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                                                                          Sealed Legal Document 23 Filed: 1/17/2014, Entered: None Unknown Document Type
                                                                          Sealed affidavit by Nancy Genn. Motions referred to Joan G. Margolis(Longo-McLean, Rose) Modified on 1/22/2014 (Falcone, K.). (Additional attachment(s) added on 1/22/2014: # 1 Sealed Affifavit) (Falcone, K.). (Entered: 01/17/2014)
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                                                                            Blank 22 Filed: 1/2/2014, Entered: None Unknown Document TypeCourt Filing
                                                                            ORDER (see attached) - The Court is not in a position to evaluate the contentions contained within the Parties' Supplemental Memoranda, 20 and 21 , or to apply governing case law to the facts of the case at bar, until Plaintiff makes known in detail the contents of the additional evidence she wishes to submit. Plaintiff is therefore directed to file and serve under seal (for privacy purposes) affidavits executed by all witnesses from whom Plaintiff wishes to elicit additional evidence to supplement the administrative record. Those affidavits should be in the form that Plaintiff would wish the Court to consider on cross-motions for summary judgment. Defendants may then file such objections to that evidence as they may be advised to make. The Court will resolve the issues and the case will then be ready for summary judgment practice under Rule 56, Fed. R. Civ. P. Plaintiff must file and serve all affidavits consistent with this Order on or before Friday, January 17, 2014. Defendants must file and serve any objections to the admission of those proffered affidavits on or before Friday, January 31, 2014. Any opposition must be accompanied by a memorandum of legal authorities. Plaintiff may file a reply to Defendants' objections on or before Friday, February 7, 2014. Any reply must be accompanied by a memorandum of legal authorities. Cross-motions for summary judgment must be filed and served two weeks after the date of the Court's Ruling on Defendants' objections to Plaintiff's proffer of additional evidence. Signed by Judge Charles S. Haight, Jr. on 1/2/14.(Hornstein, A) (Entered: 01/02/2014)
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                                                                              Legal Document (Payment Possibly Required) 21 Filed: 6/7/2013, Entered: None Unknown Document Type
                                                                              RESPONSE re 19 Order,,,, filed by New Haven Board of Education. (Smith, Brian) (Entered: 06/07/2013)
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                                                                                Legal Document (Payment Possibly Required) 20 Filed: 5/31/2013, Entered: None Unknown Document Type
                                                                                RESPONSE re 19 Order,,,, filed by Nancy Genn. (Longo-McLean, Rose) (Entered: 05/31/2013)
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                                                                                  Legal Document (Payment Possibly Required) 19 Filed: 5/21/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                  ORDER - Counsel have jointly indicated in their August 16, 2012 Report of Parties' Planning Meeting 14 that they wish for the Court's direction with respect to certain discovery issues. Counsel have also jointly indicated in their Report of Parties' Planning Meeting that they wish to hold a pretrial conference with the Court to resolve and obtain direction with respect to such discovery issues, and, within this Report, have requested that the Court not issue a scheduling order pending the Court's ruling on such aforementioned discovery issues. Id. at 7, 8. In order for the Court to better understand the nature and substance of those discovery-related questions counsel hope to resolve, the Court hereby orders counsel for Plaintiff and counsel for Defendants to file, in the form of supplemental memoranda, separate and specific descriptions substantively detailing each discovery-related issue and/or question which each party believes to exist in this matter. Such supplemental memoranda must be filed with the Court on or before Tuesday, June 11, 2013. Signed by Judge Charles S. Haight, Jr. on 5/21/13.(Hornstein, A) (Entered: 05/21/2013)
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                                                                                    Legal Document (Payment Possibly Required) 18 Filed: 10/5/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                    Minute Entry for proceedings held before Judge Joan G. Margolis: Settlement Conference held on 10/5/2012. Total Time: 2 hours (Rodko, B.) (Entered: 10/05/2012)
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                                                                                      Legal Document (Payment Possibly Required) 17 Filed: 8/29/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                      NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Settlement Conference is set for 10/5/2012 at 10:00 AM in Chambers Room 303, 141 Church St., New Haven, CT before Judge Joan G. Margolis. PARTIES MUST ATTEND THE CONFERENCE. (Rodko, B.) (Entered: 08/29/2012)
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                                                                                        Legal Document (Payment Possibly Required) 16 Filed: 8/24/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                        NOTICE: In the Report of Parties' Planning Meeting [Doc. 14], counsel requested an early settlement conference with a United States Magistrate Judge. Paragraph V.C.1 and 2. The Court regards that request as sensible, and has on this date made an Order of Reference to Magistrate Judge Joan G. Margolis. Signed by Judge Charles S. Haight, Jr on August 24, 2012. (Caldwell, M.) (Entered: 08/24/2012)
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                                                                                          Legal Document (Payment Possibly Required) 15 Filed: 8/24/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                          ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for all purposes except trial. Signed by Judge Charles S. Haight, Jr on August 24, 2012. (Caldwell, M.) (Entered: 08/24/2012)
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                                                                                            Legal Document (Payment Possibly Required) 14 Filed: 8/16/2012, Entered: None Unknown Document Type
                                                                                            REPORT of Rule 26(f) Planning Meeting. (Longo-McLean, Rose) (Entered: 08/16/2012)
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                                                                                              Legal Document (Payment Possibly Required) 13 Filed: 7/10/2012, Entered: None Unknown Document Type
                                                                                              DEFENDANTS' ANSWER to 1 Complaint with Affirmative Defenses by Kathryn Carbone, Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education.(Smith, Brian) (Entered: 07/10/2012)
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                                                                                                Legal Document (Payment Possibly Required) 12 Filed: 6/12/2012, Entered: None Unknown Document Type
                                                                                                NOTICE of Appearance by Brian W. Smith on behalf of Kathryn Carbone, Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education (Smith, Brian) (Entered: 06/12/2012)
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                                                                                                  Legal Document (Payment Possibly Required) 11 Filed: 6/12/2012, Entered: None Unknown Document Type
                                                                                                  Docket Entry Correction re 10 Waiver of Service Executed: Original pdf filed incorrect. (Lynch, K.) (Entered: 06/12/2012)
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                                                                                                    Legal Document (Payment Possibly Required) 10 Filed: 6/11/2012, Entered: None Unknown Document Type
                                                                                                    WAIVER OF SERVICE Returned Executed as to New Haven Board of Education waiver sent on 5/14/2012, answer due 7/13/2012; Reginald Mayo waiver sent on 5/14/2012, answer due 7/13/2012; Typhanie Jackson waiver sent on 5/14/2012, answer due 7/13/2012; Patricia Moore waiver sent on 5/14/2012, answer due 7/13/2012 filed by Nancy Genn. (Longo-McLean, Rose) Modified on 6/12/2012 to correct as to parties. (Lynch, K.). (Additional attachment(s) added on 6/12/2012: # 1 Replacement PDF) (Lynch, K.). (Entered: 06/11/2012)
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                                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 6/8/2012, Entered: None Unknown Document Type
                                                                                                      record Exhibit List by Nancy Genn. (Longo-McLean, Rose) (Entered: 06/08/2012)
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                                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 5/23/2012, Entered: None Unknown Document Type
                                                                                                        NOTICE of Appearance by Brian W. Smith on behalf of Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education (Smith, Brian) (Entered: 05/23/2012)
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                                                                                                          Legal Document (Payment Possibly Required) 7 Filed: 5/18/2012, Entered: None Unknown Document Type
                                                                                                          SUMMONS Returned Executed by Nancy Genn. Kathryn Carbone served on 5/17/2012, answer due 6/7/2012. (Attachments: # 1 Summons, # 2 Marshal's Return)(Longo-McLean, Rose) (Entered: 05/18/2012)
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                                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 5/11/2012, Entered: None Unknown Document Type
                                                                                                            ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Kathryn Carbone, Typhanie Jackson, Reginald Mayo, Patricia Moore, New Haven Board of Education* with answer to complaint due within *21* days. Attorney *John R. Williams & Associates LLC* *51 Elm Street* *Suite 409* *New Haven, CT 06510*. (Falcone, K.) (Entered: 05/11/2012)
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                                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 5/11/2012, Entered: None Unknown Document Type
                                                                                                              NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 2 Notice of Appearance filed by Nancy Genn, 3 Order on Pretrial Deadlines, 4 Electronic Filing Order, 1 Complaint filed by Nancy Genn. Signed by Clerk on 5/11/2012. (Falcone, K.) (Entered: 05/11/2012)
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                                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 5/11/2012, Entered: None Unknown Document TypeCourt Filing
                                                                                                                ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Charles S. Haight, Jr on 5/11/2012. (Falcone, K.) (Entered: 05/11/2012)
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                                                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 5/11/2012, Entered: None Unknown Document Type
                                                                                                                  Order on Pretrial Deadlines: Discovery due by 11/10/2012. Signed by Clerk on 5/11/2012. (Falcone, K.) (Entered: 05/11/2012)
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                                                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 5/11/2012, Entered: None Unknown Document Type
                                                                                                                    NOTICE of Appearance by Rose Longo-McLean on behalf of Nancy Genn (Longo-McLean, Rose) (Entered: 05/11/2012)
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                                                                                                                      Blank 22 Filed: 1/3/2014, Entered: None
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                                                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 5/11/2012, Entered: None Unknown Document Type
                                                                                                                        COMPLAINT against All Defendants ( Filing fee $350 receipt number 0205-2496352.), filed by Nancy Genn.(Longo-McLean, Rose) (Entered: 05/11/2012)
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