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S.D.N.Y.Procedural orderFiled Jan. 30, 2020

Schneider v. Mahopac Central School District

Judge
Cathy Seibel
Docket
7:20-cv-00709
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedurePro Se
In one sentence

In Schneider v. Mahopac, Judge Seibel limited the case to Jonathan Schneider, dismissed others’ claims without prejudice, restricted records, and denied fee-free appeal status.

Who this affects

Jonathan Schneider remains the only plaintiff. The claims asserted on behalf of his minor child and the other plaintiffs listed in the caption were dismissed without prejudice. The filings containing the minor child’s full name were placed under restricted electronic access, and Jonathan was denied fee-free appeal status.

What happened

In Schneider v. Mahopac Central School District, Jonathan Schneider, who was representing himself, filed a disability-rights complaint on behalf of his minor child and other family members. The court said he could represent only himself, not the other people listed as plaintiffs.

The court treated Jonathan Schneider as the only plaintiff and dismissed without prejudice the claims he asserted for the other listed plaintiffs. This means those claims were dismissed in a way that does not bar another filing. The court did not decide the merits of Jonathan’s claims under Section 504 of the Rehabilitation Act.

Judge Cathy Seibel also ordered restricted electronic access to filings that disclosed the minor child’s full name, required future filings to use the child’s initials, and denied fee-free appeal status after certifying that an appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Schneider v. Mahopac Central School District · No. 7:20-cv-00709
Judge
Cathy Seibel
Date
Jan. 30, 2020

Background

Jonathan Schneider filed a complaint under Section 504 of the Rehabilitation Act. He appeared pro se, meaning without a lawyer, and filed the complaint on behalf of his minor child, identified in the opinion as J.S., and other family members. The opinion states that Jonathan was the only person who signed the cover letter and supporting materials, while the complaint itself was unsigned.

Claims on Behalf of Other People

The court held that a person representing himself cannot represent another person in court. It specifically noted that a nonlawyer parent cannot represent a minor child in an action. The court therefore regarded Jonathan Schneider as the only plaintiff and dismissed without prejudice any claims he asserted on behalf of the other plaintiffs listed in the caption. The opinion does not state that the court dismissed Jonathan’s own claims or decide whether his Section 504 allegations were legally valid.

Privacy of the Minor’s Information

The court found that the civil cover sheet, complaint, and supporting documents disclosed the minor child’s full name. Federal Rule of Civil Procedure 5.2(a) generally requires court filings to use only a minor’s initials. The court directed the Clerk of Court to restrict electronic access to ECF Nos. 1, 1-1, and 2 to case participants. It also ordered Jonathan to follow the rule when filing future documents.

Appeal and Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free appeal status. The order directs that Jonathan Schneider is the only plaintiff, dismisses without prejudice the claims of the other plaintiffs named in the caption, restricts access to the identified filings, and requires compliance with Rule 5.2(a)(3).

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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