Federal Judge to NYC Attorney Jessica Giambrone: MOTION TO DISMISS DENIED

PVDOE

For those of you who are following my crazy saga, you know I filed a Federal lawsuit (Portelos v DOE) last June. It is against the City, DOE, and Berta Dreyfus IS 49 Principal Linda Hill. They attempted to silence a parent, who is an educator, who has a backbone and is apparently thousand timessavvierthan them…theyfailed.

Attorney Jessica Giambrone, Esq. from the City’s Corporation Counsel, attempted to dismiss my case and my attorney Bryan Glass, Esq., just sent me great news this morning; Honorable Judge Roslynn R. Mauskopf hasĀ denied that motion. In non legal words…Game On!

We start deposing witnesses soon. We are starting with Principal Linda Hill, former SLT Chairperson Susanne Abramowitz,former UFT Chapter Leader Richard Candia andformer NYC DOE HR Director Andrew Gordon.

As a matter of self-preservation, a man needs good friends or ardent enemies, for the former instruct him and the latter take him to task. the Greek Philosopher Diogenes

Read the full document here:Portelos v DOE MTD Denied

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
———————————————————–X
FRANCESCO PORTELOS,
Plaintiff,
– against –
CITY OF NEW YORK; NEW YORK CITY
DEPARTMENT OF EDUCATION; DENNIS
WALCOTT, CHANCELLOR OF NEW YORK
CITY DEPARTMENT OF EDUCATION;
LINDA HILL, PRINCIPAL OF I.S. 49, IN HER
OFFICIAL AND INDIVIDUAL CAPACITY,
Defendants.
———————————————————–X
ORDER
12-CV-3141(RRM)(VMS)
ROSLYNN R. MAUSKOPF, United States District Judge.
On June 22, 2012, plaintiff Francesco Portelos filed this action seeking monetary and equitable relief against defendants the City of New York, the New York City Department of Education, Dennis Walcott, and Linda Hill (collectively defendants) pursuant to 42 U.S.C. 1983 and New York Civil Service Law (N.Y. C.S.L.) 75-b. Plaintiff alleges that defendants violated his First Amendment and state law rights by retaliating against him for reporting fraud and misconduct at I.S. 49. (Compl. (Doc. No. 1).) Before the Court is defendants December 17,2012 motion to dismiss plaintiffs complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Mot. to Dismiss (Doc. No. 17).) For the reasons set forth below, defendants motion is DENIED in its entirety.

Read the full document here:Portelos v DOE MTD Denied

For the reasons stated above, defendants motion to dismiss (Doc. No. 17) is DENIED in
its entirety. This case is committed to the assigned Magistrate Judge for supervision of all pretrial matters.
SO ORDERED.
Dated: Brooklyn, New York Roslynn R. Mauskopf
February 28, 2013 ____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge
Case 1:12-cv-03141-RRM-VMS Document 25 Filed 03/01/13 Page 6 of 6 PageID #: 127

About Francesco Portelos

Parent and Educator fighting for the student and the teacher.

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7 Comments

  1. GAME ON…IS RIGHT…I’m praying…that someone…somewhere along the lines; sees thru this, and you come out on top. Good luck!

  2. Dr. Joy Hochstadt

    SAME Judge has the Osrrowsky case where she learns that Principals get bonuses for removing any tenured high paid, pension-vested or close to pension vested teacher and its getting closer to when Bloomberg is gone

    • What does this mean I am aware of several teachers who were harassed into resigning a few years short of full pension. I am sure they would be very interested in the outcome of this Osrowsky case. Please elaborate.

  3. Principal Hill used Bureaucratic Baloney on Mr. Portelos! It’s not very effective… Judge Mauskopf used Motion Denied on Principal Hill! It’s super effective!

  4. Congratulations, Francesco! You really are like a can of RAID when cockroaches appear (please, DOE, do not take this personally, Im just using a metaphor

  5. Pingback: SCI Report is Finally Out on Portelos and IS 49 | Educator Fights Back

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