Isasi v. The Department of Education of the City of New York et al
| Janet R Isasi |
| Meisha Porter, The City of New York Board of Education, Elaine Lindsey, Mark Sanchez, Deborah Kiernan, Frank Raccuglia, Cheryl Quatrano and The Department of Education of the City of New York |
| 1:2021cv03298 |
| June 11, 2021 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Sanket J Bulsara |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 MOTION to Adjourn Conference by Deborah Kiernan, Elaine Lindsey, Meisha Porter, Cheryl Quatrano, Frank Raccuglia, Mark Sanchez, The City of New York Board of Education, The Department of Education of the City of New York. (DiBenedetto, Rachel) |
| Filing 21 NOTICE of Appearance by Rachel Michelle DiBenedetto on behalf of All Defendants (aty to be noticed) (DiBenedetto, Rachel) |
ORDER: The Motion #18 is granted. Defendants Deborah Kiernan and Frank Raccuglia ("Defendants") have established that the factors set out in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), namely "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented," weigh in favor of granting the motion. First, Defendants have established that the default was not willful. See, e.g., Am. Alliance Ins. Co. v. Eagle Ins. Co., 92 F.3d 57, 61 (2d Cir. 1996) (ruling that "a filing mistake" by "counsel's clerk" was "grossly negligent" but "was not willful, deliberate, or evidence of bad faith"). Second, Plaintiff has consented to set aside the default. And third, Defendants are prepared to promptly file an answer and proceed with litigation, which indicates that a meritorious defense may be present; the Court's preference is to resolve cases on the merits, not on default. Defendants are directed to file their answer by 9/20/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/5/2021. (Farrell, Gillian)
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| Filing 20 AFFIDAVIT/DECLARATION in Support re #18 MOTION for Extension of Time to File Answer filed by Deborah Kiernan, Elaine Lindsey, Meisha Porter, Frank Raccuglia, Mark Sanchez, The City of New York Board of Education, The Department of Education of the City of New York. (DiBenedetto, Rachel) |
| Filing 19 MEMORANDUM in Support re #18 MOTION for Extension of Time to File Answer filed by Deborah Kiernan, Elaine Lindsey, Meisha Porter, Frank Raccuglia, Mark Sanchez, The City of New York Board of Education, The Department of Education of the City of New York. (DiBenedetto, Rachel) |
| Filing 18 MOTION for Extension of Time to File Answer by Deborah Kiernan, Elaine Lindsey, Meisha Porter, Frank Raccuglia, Mark Sanchez, The City of New York Board of Education, The Department of Education of the City of New York. (DiBenedetto, Rachel) |
| Filing 17 NOTICE of Appearance by Rachel Michelle DiBenedetto on behalf of Deborah Kiernan, Elaine Lindsey, Meisha Porter, Frank Raccuglia, Mark Sanchez, The City of New York Board of Education, The Department of Education of the City of New York (aty to be noticed) (DiBenedetto, Rachel) |
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ORDER: The Motion for Extension of Time to Answer #16 is granted in part and denied in part without prejudice to renewal. Defendants Elaine Lindsey, Mark Sanchez, and Cheryl Quatrano shall answer, move, or otherwise respond to the Complaint #1 by 9/20/2021. The City seeks to extend the time for Defendants Deborah Kiernan and Frank Raccuglia to answer, move, or otherwise respond to the Complaint. Their answers were due on 7/16/2021 and 7/19/2021 respectively. Because the City is seeking to extend the time to answer after the time to do so has passed, the City must file a motion by 8/6/2021 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). So Ordered by Magistrate Judge Sanket J. Bulsara on 7/28/2021. (Farrell, Gillian)
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| Filing 16 MOTION for Extension of Time to File Answer by Deborah Kiernan, Elaine Lindsey, Frank Raccuglia. (DiBenedetto, Rachel) |
| Filing 15 NOTICE of Appearance by Rachel Michelle DiBenedetto on behalf of Deborah Kiernan, Elaine Lindsey, Frank Raccuglia (aty to be noticed) (DiBenedetto, Rachel) |
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Filing 14
SCHEDULING ORDER: A telephonic-initial conference will be held at 11:30 A.M. on 9/2/2021 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the scheduled conference. Plaintiff is directed to notify Defendants' of this scheduling order at the time Defendants' makes an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) report worksheet and electronically file same with the Court no later than two days before 9/2/2021. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) report worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/20/2021. (Manson, Eddie)
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| Filing 13 SUMMONS Returned Executed by Janet R Isasi. Frank Raccuglia served on 7/2/2021, answer due 7/23/2021. (Abohamra, Ibrahim) |
| Filing 12 SUMMONS Returned Executed by Janet R Isasi. Deborah Kiernan served on 7/2/2021, answer due 7/23/2021. (Abohamra, Ibrahim) |
| Filing 11 SUMMONS Returned Executed by Janet R Isasi. The City of New York Board of Education served on 6/30/2021, answer due 8/30/2021., SUMMONS Returned Executed by Janet R Isasi. The City of New York Board of Education served on 6/30/2021, answer due 8/30/2021. (Abohamra, Ibrahim) |
| Filing 10 SUMMONS Returned Executed by Janet R Isasi. The Department of Education of the City of New York served on 6/30/2021, answer due 7/21/2021. (Abohamra, Ibrahim) |
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ORDER: The wrong event type was used for docket entries #6 , #7 , #8 and #9 "Affidavit/Affirmation". Plaintiff shall re-file the noted documents using the appropriate event type on ECF "Summons Returned Executed". So Ordered by Magistrate Judge Sanket J. Bulsara on 7/19/2021. (Manson, Eddie) .
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| Filing 9 AFFIDAVIT/AFFIRMATION Frank Raccugla by Janet R Isasi (Abohamra, Ibrahim) |
| Filing 8 AFFIDAVIT/AFFIRMATION Debora Kiernan by Janet R Isasi (Abohamra, Ibrahim) |
| Filing 7 AFFIDAVIT/AFFIRMATION The City of New York Board of Education by Janet R Isasi (Abohamra, Ibrahim) |
| Filing 6 AFFIDAVIT/AFFIRMATION New York City Department of Education by Janet R Isasi (Abohamra, Ibrahim) |
| Filing 5 Summons Issued as to Deborah Kiernan, Elaine Lindsey, Meisha Porter, Cheryl Quatrano, Frank Raccuglia, Mark Sanchez, The City of New York Board of Education, The Department of Education of the City of New York. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (Davis, Kimberly) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 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) |
| Filing 2 NOTICE of Appearance by Danielle Kimberly Conn Rosenberg on behalf of JANET R ISASI (aty to be noticed) (Rosenberg, Danielle) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14559350 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by JANET R ISASI. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Coversheet, #3 Proposed Summons Proposed summons, #4 Proposed Summons Proposed summons, #5 Proposed Summons Proposed Summons, #6 Proposed Summons Proposed Summons, #7 Proposed Summons Proposed summons, #8 Proposed Summons Proposed summons, #9 Proposed Summons Proposed summons, #10 Proposed Summons Proposed summons) (Abohamra, Ibrahim) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Sanket J. Bulsara. 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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