The matter is currently pending before Chief Judge Norman A. Mordue of the United States District Court for the Northern District of New York. The case is "Ochshorn, et al., v. Ithaca City School District, et al.", 5:05-CV-695. A judgment was originally expected in 2007. In March 2009 and again in January 2010, Judge Mordue refused to dismiss the lawsuit, although neither judgment was a complete victory for the plaintiffs. The case is now expected to be heard in the Second Circuit U.S. Court of Appeals in the late spring or summer of 2010.