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FALCHENBERG v. NEW YORK STATE DEPT. OF EDUC.

No. 04 Civ. 7598.

642 F.Supp.2d 156 (2008)

Marsha FALCHENBERG, Plaintiff, v. NEW YORK STATE DEPARTMENT OF EDUCATION, State of New York, and National Evaluation Systems, Inc. a/k/a NYSTE Program, Defendants.

United States District Court, S.D. New York.

July 10, 2008.

Attorney(s) appearing for the Case

Nathaniel B. Smith, Esq., Kristian Karl Larsen, Esq., New York, NY, for Plaintiff.

Rogers & Hardin LLP, by: Phillip S. McKinney, Esq., Atlanta, GA, Morgan, Lewis & Bockius, LLP, by: Debra S. Morway, Esq., Melissa C. Rodriguez, New York, NY, for Defendant National Evaluation Systems, Inc.

Andrew M. Cuomo, Attorney General of the State of New York, by: Antoinette W. Blanchette, Assistant Attorney General, New York, NY, for Defendants State of New York and New York State Education Department (s/h/a New York State Department of Education).

AMENDED OPINION

SWEET, District Judge.

I. INTRODUCTION

Defendant National Evaluation Systems, Inc., a business of NCS Pearson, Inc. ("NES"), the State of New York (the "State") and New York State Education Department ("SED") (s/h/a New York State Department of Education) (State of New York and SED, collectively, "State Defendants") (NES and State Defendants, collectively, "Defendants") have moved for summary judgment pursuant to Rule 56 of the...

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