Avaras v. Clarkstown Central School District
- Nelson Roman
- 7:15-cv-09679-NSR
- U.S. District Court · Southern District of New York
- 3
In Avaras v. Clarkstown Central School District, Judge Roman directed Connie Avaras to file a third amended complaint replacing—not supplementing—the existing complaint.
Connie Avaras and the District Defendants were affected by the court’s instructions about the required amended complaint and the remaining briefing schedule.
What happened
Avaras v. Clarkstown Central School District concerns Connie Avaras’s claims against the school district, its board, and the New York State Department of Education under several disability-related laws and 42 U.S.C. § 1983.
After the court allowed an amendment and approved an agreement combining claims from a related case, Avaras filed a document labeled a supplemental complaint. The court said the new filing had to include the existing claims and could add only claims concerning an issue recently considered by special-education hearing officers.
The court directed Avaras to file a third amended complaint that would completely replace, rather than supplement, the operative complaint by December 19, 2019. Judge Nelson S. Roman left the rest of the briefing schedule in effect.
The detailed version
- Avaras v. Clarkstown Central School District · No. 7:15-cv-09679-NSR
- Nelson Roman
- Dec. 17, 2019
Background
Connie Avaras, individually and as the parent of N.A., brought claims against the Clarkstown Central School District, the Board of Education for the Clarkstown Central School District, and the New York State Department of Education. The opinion states that the claims arose under the Individuals with Disabilities Education Improvement Act, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983. Avaras initially represented herself but later retained counsel.
The court had previously dismissed all claims against the Department of Education and its officials. At a pre-motion conference on October 30, 2019, the court allowed Avaras to file a third amended complaint under agreed conditions. The court also stated that claims from case number 19-cv-5355 would be considered in this case, and that any new claims would be limited to the most recent Independent Hearing Officer and State Review Officer decisions.
The parties submitted a proposed stipulation reflecting that agreement. The court approved it on November 18, 2019. The stipulation stated that the claims in case number 19-cv-5355 would be treated as raised in this case and that Avaras would file a supplemental complaint limited to the issue remanded to the hearing officer and appealed to the State Review Officer. Avaras then attempted to file a document labeled a supplemental complaint on December 16, 2019.
Court’s Direction
The court directed Avaras to file a third amended complaint. It explained that the new complaint would completely replace, rather than supplement, the operative complaint because piecemeal pleading is not permitted. The court also cited Federal Rule of Civil Procedure 8, which requires a complaint to provide a short and plain statement showing that the person filing it is entitled to relief.
The court ordered the third amended complaint to repeat, without amending, all claims raised in case number 19-cv-5355. The only new claims could concern the issue remanded to the Independent Hearing Officer and appealed to the State Review Officer. The filing deadline was December 19, 2019, and the remaining briefing schedule in the parties’ stipulation remained in effect.
Disposition and Classification
Judge Nelson S. Roman issued a procedural order directing the form and permitted scope of the amended pleading. The order did not decide the underlying disability-related claims or state any merits ruling on them. The opinion does not state a ruling on the attempted supplemental complaint beyond directing the required third amended complaint.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.