Opinion
1:21-cv-620 (BKS/ATB)
09-15-2021
A.S., Plaintiff, v. CITY SCHOOL DISTRICT OF ALBANY, et al., Defendants.
For Plaintiff: Rebecca J. Houlding Giselle Brianceschi Schuetz Friedman & Houlding LLP For Defendants City School District of Albany, City School District of Albany Board of Education, Lori McKenna, Dale Getto, and Anne Savage: Gregg T. Johnson April J. Laws Loraine Clare Jelinek Johnson & Laws, LLC For Defendant Jeffrey Honeywell: Frank W. Miller Charles C. Spagnoli Giancarlo Facciponte The Law Firm of Frank W. Miller, PLLC Proposed Intervenor pro se
For Plaintiff:
Rebecca J. Houlding
Giselle Brianceschi Schuetz
Friedman & Houlding LLP
For Defendants City School District of Albany, City School District of Albany Board of Education, Lori McKenna, Dale Getto, and Anne Savage:
Gregg T. Johnson
April J. Laws
Loraine Clare Jelinek
Johnson & Laws, LLC
For Defendant Jeffrey Honeywell:
Frank W. Miller
Charles C. Spagnoli
Giancarlo Facciponte
The Law Firm of Frank W. Miller, PLLC
Proposed Intervenor pro se
MEMORANDUM-DECISION AND ORDER
HON. BRENDA K. SANNES, UNITED STATES DISTRICT JUDGE.
Plaintiff A.S. commenced this action asserting claims of sexual harassment, discrimination, and retaliation under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972 based upon events that occurred while she was a minor attending Albany High School. (Dkt. No. 1). On July 6, 2021, S.A., appearing pro se, filed a motion to intervene in this action as an additional defendant. (Dkt. No. 28). Plaintiff opposed the motion (Dkt. No. 33). Defendants did not oppose the motion. (Dkt. Nos. 31, 32). S.A. filed a reply on August 2, 2021. (Dkt. No. 34). This matter was referred to United States Magistrate Judge Andrew T. Baxter who, on August 11, 2021, issued a Report-Recommendation recommending that S.A.'s motion to intervene be denied. (Dkt. No. 39). Magistrate Judge Baxter advised the parties that, under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 39, at 20-21). No. objections to the Report-Recommendation were filed.
S.A. has been identified by her initials purportedly to help protect the anonymity of her minor son who is accused of sexually harassing A.S. while they were both minors. (Dkt. No. 39, at 1 n.1).
As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court's review is for clear error. See Petersen v. Astrue, 2 F.Supp.3d 223, 228-29 (N.D.N.Y. 2012); Fed.R.Civ.P. 72(b) advisory committee's note to 1983 amendment. Having reviewed Magistrate Judge Baxter's thorough and thoughtful Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 39) is ADOPTED in its entirety; and it is further
ORDERED that S.A.'s motion to intervene (Dkt. No. 28) is DENIED; and it is further ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.