Beckford et al v. Carranza et al
| Maria Hidalgo, Abundio Sanchez and Marilyn Beckford |
| Richard Carranza and New York City Department of Education |
| 1:2021cv00462 |
| January 27, 2021 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Peggy Kuo |
| Civil Rights: Education |
| 20 U.S.C. § 1401 Education: Handicapped Child Act |
| None |
Docket Report
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This docket was last retrieved on March 18, 2021. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on March 18, 2021. Attorney Rory Bellantoni appeared on behalf of plaintiffs. Attorney Lana Koroleva appeared on behalf of defendants. Plaintiffs' counsel indicated that tuition payments have been processed, and upon receipt may moot this case. The parties were directed to file a joint status report by April 16, 2021 reporting on whether the anticipated motion to dismiss is still necessary and whether discovery should proceed. The Court granted Defendants' motion to stay discovery until after a decision is made on the anticipated motion to dismiss. (FTR Log: 11:35-11:45) (O'Neil-Berven, Ryan) |
| Filing 25 Proposed Scheduling Order by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez, Letter Regarding Proposed Scheduling Order by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez (Attachments: #1 Proposed Discovery Plan/Scheduling Order) (Bellantoni, Rory) Modified on 3/19/2021 to add motion to stay (O'Neil-Berven, Ryan). |
SCHEDULING ORDER: Due to an unanticipated change in the Court's calendar, the pre-motion conference set for March 22 is rescheduled to April 22, 2021, at 9:45 a.m. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 3/12/2021. (Guy, Alicia)
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SCHEDULING ORDER: A Telephone Initial Conference is scheduled for March 18, 2021 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) By March 12, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Ordered by Magistrate Judge Peggy Kuo on 3/4/2021. (O'Neil-Berven, Ryan)
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Filing 24
AMENDED MEMORANDUM & ORDER -- The application for a temporary restraining order and preliminary injunction #6 is denied. ORDER ATTACHED Ordered by Judge Eric R. Komitee on 3/3/2021. (Guy, Alicia)
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Filing 23
MEMORANDUM & ORDER -- The application for a temporary restraining order and preliminary injunction #6 is denied. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 3/2/2021. (Guy, Alicia) (Please note that this Order has been superseded by the Order entered on March 3, 2021, [DE#24]). Modified on 3/3/2021 (Guy, Alicia).
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| Filing 22 TRANSCRIPT of Proceedings held on February 16, 2021, before Judge Komitee. Court Transcriber: Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (Rocco, Christine) |
| Filing 21 Letter in Opposition to Motion for a Pre-Motion Conference by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez (Albert, Peter) |
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ORDER granting #19 Motion for Pre Motion Conference -- A pre-motion conference will be held on March 22, 2021, at 11:15 a.m. by telephone. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. No later than March 8, 2021, Plaintiff shall submit a response of three pages or less to Defendants #19 letter. Ordered by Judge Eric R. Komitee on 2/23/2021. (Guy, Alicia)
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| Filing 20 DECLARATION of William Frazier by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Bellantoni, Rory) |
| Filing 19 MOTION for pre motion conference by Richard Carranza, New York City Department of Education. (Koroleva, Lana) |
| Filing 18 AFFIDAVIT/DECLARATION in Opposition re #6 MOTION for Preliminary Injunction Memorandum of Law filed by Richard Carranza, New York City Department of Education. (Koroleva, Lana) |
| Filing 17 Letter by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez (Bellantoni, Rory) |
| Filing 16 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Show Cause Hearing held on 2/16/2021 re #6 MOTION for Preliminary Injunction. Discussion held. Decision reserved. The parties will submit affidavits, as discussed on the record, as follows: Defendants' affidavit by close of business on February 17, 2021, and Plaintiffs' affidavit by close of business on February 18, 2021. (Electronically recorded.) (Guy, Alicia) |
| Filing 15 NOTICE of Appearance by Lana Koroleva on behalf of Richard Carranza, New York City Department of Education (aty to be noticed) (Koroleva, Lana) |
| Filing 14 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction Memorandum of Law in Opposition to Defendants' letter and in further support of Plaintiffs' motion filed by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez. (Bellantoni, Rory) |
| Filing 13 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction Memorandum of Law filed by Richard Carranza, New York City Department of Education. (Attachments: #1 Exhibit A) (Koroleva, Lana) |
| Filing 12 AFFIDAVIT of Service for Conformed Order to Show Cause served on Defendants on January 29, 2021, filed by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez. (Attachments: #1 Proof of Service, #2 Order to Show Cause, #3 Memorandum in Support, #4 Declaration with Exhibits) (Albert, Peter) |
| Filing 11 ACKNOWLEDGMENT OF SERVICE Executed 1/28/2021 Acknowledgement filed by Marilyn Beckford, Maria Hidalgo, Abundio Sanchez. (Attachments: #1 Summons, #2 Complaint) (Albert, Peter) |
| Filing 10 Summons Issued as to Richard Carranza, New York City Department of Education. ( #1 Summons) (Davis, Kimberly). |
| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 8 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. (Davis, Kimberly) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
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ORDER TO SHOW CAUSE re #6 MOTION for Preliminary Injunction -- Defendants shall appear before this Court on February 16, 2021 at 11:00 a.m., together with Plaintiffs, to show cause why a preliminary injunction should not be granted pursuant to Fed. R. Civ. P. 65. Defendants shall respond to Plaintiffs' motion by February 9, 2021. Plaintiffs shall effectuate personal service upon the Defendants or their counsel, or effectuate service by email at ServiceECF@law.nyc.gov pursuant to New York City's Covid Protocols, on or before February 1, 2021 at 5:00 p.m. Ordered by Judge Eric R. Komitee on 1/28/2021. (LiCalzi, Christine)
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| Filing 7 DECLARATION re #6 MOTION for Preliminary Injunction Memorandum of Law of Rory J. Bellantoni by Marilyn Beckford(Individually), Marilyn Beckford(as Parent and Natural Guardian of M.B.), Maria Hidalgo(as Parent and Natural Guardian of L.S.), Maria Hidalgo(Individually), Abundio Sanchez(Individually), Abundio Sanchez(as Parent and Natural Guardian) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Bellantoni, Rory) |
| Filing 6 MOTION for Preliminary Injunction Memorandum of Law by Marilyn Beckford(Individually), Marilyn Beckford(as Parent and Natural Guardian of M.B.), Maria Hidalgo(as Parent and Natural Guardian of L.S.), Maria Hidalgo(Individually), Abundio Sanchez(Individually), Abundio Sanchez(as Parent and Natural Guardian). (Bellantoni, Rory) |
| Filing 5 Unsigned Order to Show Cause by Marilyn Beckford(Individually), Marilyn Beckford(as Parent and Natural Guardian of M.B.), Maria Hidalgo(as Parent and Natural Guardian of L.S.), Maria Hidalgo(Individually), Abundio Sanchez(Individually), Abundio Sanchez(as Parent and Natural Guardian) (Bellantoni, Rory) |
| Filing 4 Proposed Summons. Re #1 Complaint, by Marilyn Beckford(Individually), Marilyn Beckford(as Parent and Natural Guardian of M.B.), Maria Hidalgo(as Parent and Natural Guardian of L.S.), Maria Hidalgo(Individually), Abundio Sanchez(Individually), Abundio Sanchez(as Parent and Natural Guardian) (Bellantoni, Rory) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Marilyn Beckford(Individually), Marilyn Beckford(as Parent and Natural Guardian of M.B.), Maria Hidalgo(as Parent and Natural Guardian of L.S.), Maria Hidalgo(Individually), Abundio Sanchez(Individually), Abundio Sanchez(as Parent and Natural Guardian) (Bellantoni, Rory) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Marilyn Beckford(Individually), Marilyn Beckford(as Parent and Natural Guardian of M.B.), Maria Hidalgo(as Parent and Natural Guardian of L.S.), Maria Hidalgo(Individually), Abundio Sanchez(Individually), Abundio Sanchez(as Parent and Natural Guardian) (Bellantoni, Rory) |
| Filing 1 COMPLAINT against All Plaintiffs filing fee $ 402, receipt number ANYEDC-14059377 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Marilyn Beckford(Individually), Marilyn Beckford(as Parent and Natural Guardian of M.B.). (Bellantoni, Rory) |
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