Comments on UFT School Closings Lawsuit

Subject: RE: UFT's Lawsuit to Oppose School Closings to be Handled by Judge Joan Lobis

This is typical civil procedure and not surprising. Similar to a civil suit for damages, the defendant or in this case, the respondent, files a motion to dismiss, presenting its arguments to the Court that the plaintiff's (or petitioner's) argments have no merits. Then the UFT makes a counter-claim response. February 24 is apparently the date for oral arguments (which is really quite soon) so the case is on an emergent basis.

Take the docket/case index number to WebCivilSupreme, plug it in, and you can find the status of the case. Also (and perhaps) the brief is on line; otherwise Findlaw.com

I feel strongly that the UFT is going to lose; the Courts have always been reluctant to interfere in educational issues and this is no different. I also feel that Mulgrew is going thru the motions to save face, esp. in an election cycle. Yes, I could be could be wrong.
but that is my gut feeling.

THIS CASE BELONGS IN FEDERAL COURT - THE MAYOR'S PLAN AND "NO CHILD LEFT BEHIND" VIOLATES THE 14TH AMMENDMENT.

D. Jensen
Norman Thomas HS


FK: She's - Judge Joan Lobis - got a very bad record and is very unsympathetic. Not a good sign

MULGREW, MICHAEL v. BOARD OF EDUCATION

SUPREME COURT NEW YORK COUNTY Index Number: 101352/2010 Case Status: ACTIVE

Party	Firm/Attorney
PLAINTIFF - (MULGREW)	STROOCK STROOCK & LAVAN LLP,
	180 MAIDEN LANE,
	NEW YORK, NEW YORK 10038
	212 806-5400
DEFENDANT - (LAW DEPT.)	CORPORATION COUNSEL
	100 CHURCH STREET, 4TH FLOOR
	NEW YORK, NEW YORK 10007
	1-212 788-0303

MULGREW, MICHAEL v. BOARD OF EDUCATION

SUPREME COURT NEW YORK COUNTY Index Number: 101352/2010 Case Status: ACTIVE

By MOTION, originally made returnable on February 24, 2010, A PARTY MOVED THIS COURT, in MOTION PART, seeking the following relief: ARTICLE 78. This motion is currently pending before the court and is assigned to Judge LOBIS, JOAN B. This is the next scheduled appearance for this motion. Complete Motion Appearance Activity: On February 24, 2010, an appearance is scheduled on this motion before Judge LOBIS, JOAN B. in MOTION PART. MULGREW, MICHAEL v. BOARD OF EDUCATION SUPREME COURT NEW YORK COUNTY Index Number: 101352/2010 Case Status: ACTIVE Plaintiff(s): IN RE: MULGREW, MICHAEL AS PRESIDENT OF THE UNITED FEDERATION OF TEACHERS, ET AL. Defendant(s): BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, ET AL. This ARTICLE 78 case is a civil action for NON-MONETARY RELIEF. The action is currently assigned to Judge LOBIS, JOAN B. The court considers this case to be an EXPEDITED case. On February 1, 2010, a Request for Judicial Intervention (RJI) was filed with the Clerk's Office in connection with A SPECIAL PROCEEDING BROUGHT BY PETITION and was assigned to MOTION PART. Based upon this filing date, the court's Standards and Goals for the processing of this type of case are as follows: the Note of Issue (NOI) should be filed by October 2, 2010 and the case should be resolved by January 3, 2012. These deadlines represent general goals. Actual deadlines shall be those set by the assigned Justice in a preliminary conference or other order. As of the current date, the court has no record of a Note of Issue (NOI) being filed in this case.

MULGREW, MICHAEL v. BOARD OF EDUCATION

SUPREME COURT NEW YORK COUNTY Index Number: 101352/2010 Case Status: ACTIVE

According to the records of the NEW YORK County Clerk's Office, the Index Number for this case was assigned on February 1, 2010. The parties of record for this case are listed as follows: Plaintiff(s): ADAMS ERIC, ALLIANCE FOR QUALITY EDUCATION, BARRON CHARLES, BROWN BELINDA, DEVOR JAMES, DILAN ERIK M, FIDLER LEWIS A, GARCIA THEODORE, JACKSON ROBERT, JEFFRIES HAKEEM, MAISEL ALAN, MULGREW MICHAEL, NAZARIO HECTOR, NYS CONFERENCE OF NAACP, PERKINS BILL, SIEGEL STEFANIE, SIMOES DAN, STRINGER SCOTT M, UNITED FEDERATION OF TEACHERS, WALLACE VANESSA, WELPRIN MARK Defendant(s): BD OF ED CITY SCH DIST OF NYC, KLEIN JOEL I A Request for Judicial Intervention (RJI) was purchased on February 1, 2010. The following entries appear on the County Clerk's Minute book for this case. To obtain a copy of any of the listed documents, click on the Order Copy link next to the document: Filing Date Document/Entry COMPLETE FILE Order Copy 2/1/2010 NOTICE OF PETITION Order Copy