Z.A.R. et al v. The City of New York et al
| Z.A.R. |
| The City of New York and New York City Department of Education |
| 1:2019cv02615 |
| May 3, 2019 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Peggy Kuo |
| Civil Rights: Education |
| 20 U.S.C. ยง 1400 Civil Rights of Handicapped Child |
| None |
Docket Report
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| Document Text |
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| Filing 11 Letter MOTION to Compel Office of State Review to produce administrative record by New York City Department of Education, The City of New York. (Attachments: #1 Proposed Order) (Thomas, Copatrick) |
| Set Deadlines as to Motions: due by 7/17/2019. Responses due by 8/7/2019 Replies due by 8/14/2019. See Judge Kuo's minute Order dated 6/28/19. (Riquelme, Claudia) |
| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 6/28/2019. Attorney Erika Louise Hartley appeared on behalf of plaintiffs. Attorneys Andrew James Rauchberg and Copatrick Thomas appeared on behalf of defendants. Mr. Thomas is directed to file a Notice of Appearance on the docket. The Court noted that Paragraph 8 of the Complaint pleads that venue is proper by invoking "the judicial review provisions of the IDEA 20 U.S.C. 1415(j)." However, that subsection provides only for "Maintenance of current educational placement." Plaintiffs requested leave to file an Amended Complaint to correct this to the proper subsection (1415(i)(2)). The request was GRANTED; any amendment to the Complaint must be filed by July 12, 2019. The following briefing schedules were set: Plaintiffs' anticipated motion to set aside the State Review Office's Determination, is due by September 27, 2019; defendants' response, with anticipated cross-claims, is due by October 25, 2019; plaintiffs' reply is due by November 8, 2019. Defendants may file a reply to the cross-claims, if necessary, by November 15, 2019. Additionally, plaintiff's anticipated motion for the Court to hear additional evidence must be filed by July 17, 2019; the response is due by August 7, 2019; any reply is due by August 14, 2019. (FTR Log #10:43-11:10.) (Riquelme, Claudia) |
| Filing 10 NOTICE of Appearance by Copatrick Thomas on behalf of All Defendants (aty to be noticed) (Thomas, Copatrick) |
| Filing 9 REPORT of Rule 26(f) Planning Meeting (Hartley, Erika) |
Filing 8
SCHEDULING ORDER: An Initial Conference will be held in this case on June 28, 2019 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 5/28/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 7 ANSWER to #1 Complaint by New York City Department of Education, The City of New York. (Rauchberg, Andrew) |
| Filing 6 SUMMONS Returned Executed by Z.A.R. (as mother and guardian of E.J. ). New York City Department of Education served on 5/3/2019, answer due 5/24/2019. (Hartley, Erika) |
| Filing 5 SUMMONS Returned Executed by Z.A.R. (as mother and guardian of E.J. ). The City of New York served on 5/3/2019, answer due 5/24/2019. (Hartley, Erika) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) |
| Filing 3 Summons Issued as to New York City Department of Education. (Williams, Erica) |
| Filing 2 Summons Issued as to The City of New York. (Williams, Erica) |
| Filing 1 COMPLAINT against New York City Department of Education, The City of New York, filed by Z.A.R. (as mother and guardian of E.J. ), Z.A.R. (individually). (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
| FILING FEE: $ 400.00, receipt number 4653139608 (Williams, Erica) |
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