Rivera v. New York City Department of Education et al
| David Rivera |
| New York City Department of Education, City of New York, Claudette Christie and Arianna Lewis |
| 1:2021cv06134 |
| November 3, 2021 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Eric N Vitaliano |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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Filing 20
STIPULATION Of Dismissal: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice. SO Ordered by Judge Eric N. Vitaliano on 3/17/2023. (JT) (Main Document 20 replaced on 3/17/2023) (JT).
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| Filing 19 STIPULATION of Dismissal by City of New York (Estrada, Edwar) |
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ORDER: The Court construes defendant's #18 letter motion titled Second Motion for Extension of Time to File Answer as a motion for extension of time to file objections to Magistrate Judge Merkl's Report and Recommendations. The motion for extension of time to file objections is granted. The deadline for defendant to file any objections to the #17 R&R is extended to March 20, 2023. Ordered by Judge Eric N. Vitaliano on 2/24/2023. (EK)
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| Filing 18 Second MOTION for Extension of Time to File Answer by Claudette Christie. (Estrada, Edwar) Modified on 2/24/2023 (EF). |
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Filing 17
REPORT AND RECOMMENDATION: For the reasons stated in the attached Report and Recommendation, this Court respectfully recommends that Defendants' Motion to Dismiss #14 be granted in part and denied in part. The Court recommends dismissal of all claims against Defendants except Plaintiff's claims against Defendant Claudette Christie for First Amendment retaliation under 1983 and discrimination under both the New York State Human Rights Law and the New York City Human Rights Law.Objections to this Report and Recommendation are due by 2/17/2023. Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2); Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate [judge's] report operates as a waiver of any further judicial review of the magistrate [judge's] decision."). So Ordered by Magistrate Judge Taryn A. Merkl on 2/3/2023. (SA)
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ORDER REFERRING MOTION: Defendants' #14 Motion to Dismiss is respectfully referred to Magistrate Judge Taryn A. Merkl for a report and recommendation as to her findings. Ordered by Judge Eric N. Vitaliano on 9/5/2022.
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| Filing 16 REPLY in Support re #14 First MOTION to Dismiss for Failure to State a Claim filed by All Defendants. (Estrada, Edwar) |
| Filing 15 MEMORANDUM in Opposition re #14 First MOTION to Dismiss for Failure to State a Claim by Plaintiff filed by New York City Department of Education. (Estrada, Edwar) |
| Filing 14 First MOTION to Dismiss for Failure to State a Claim by Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education. (Attachments: #1 Notice of Motion, #2 Declaration, #3 Exhibit A) (Estrada, Edwar) |
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ORDER granting #13 Motion for Extension of Time. Plaintiff shall serve opposition papers by 7/21/2022. Defendants shall serve reply papers by 8/25/2022. The fully-briefed motion(s) shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 8/25/2022. Ordered by Judge Eric N. Vitaliano on 5/26/2022. (Robinson, Elizabeth)
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| Filing 13 First MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education. (Estrada, Edwar) |
| Filing 12 NOTICE of Appearance by Edwar Estrada on behalf of All Defendants (aty to be noticed) (Estrada, Edwar) |
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ORDER terminating #9 Motion to Dismiss and Motion to Stay Discovery. Pursuant to the Court's Individual Rule III.D (the "Bundling Rule"), "no motion paper shall be filed until the motion has been fully briefed." Since briefing for defendants' motion to dismiss and motion to stay discovery is not yet complete, defendants' submissions at #9 , #10 , and #11 fail to comply with the Bundling Rule. Accordingly, the motion at #9 is terminated, and the parties are directed to review the Court's Individual Rules. Defendants shall refile their motion papers in accordance with the Bundling Rule and the Court's 3/23/2022 order. Ordered by Judge Eric N. Vitaliano on 5/3/2022. (Robinson, Elizabeth)
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| Filing 11 MEMORANDUM in Support re #9 First MOTION to Dismiss and MOTION to Stay Discovery filed by Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education. (Hirsch, Corey) |
| Filing 10 DECLARATION re #9 First MOTION to Dismiss and MOTION to Stay Discovery by Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education (Attachments: #1 Exhibit A - Plaintiff David Rivera's Probationary Agreement) (Hirsch, Corey) |
| Filing 9 First MOTION to Dismiss and, MOTION to Stay Discovery by Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education. (Hirsch, Corey) |
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ORDER: The parties' joint proposed briefing schedule for defendants' motion to dismiss and motion to stay discovery at #8 is adopted. Defendants shall serve opening papers by 5/2/2022. Plaintiff shall serve opposition papers by 6/2/2022. Defendants shall serve reply papers by 6/23/2022. The fully-briefed motion(s) shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 6/23/2022. Ordered by Judge Eric N. Vitaliano on 3/23/2022. (Robinson, Elizabeth)
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| Filing 8 Letter Proposed Briefing Schedule by Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education (Hirsch, Corey) |
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ORDER denying #6 Motion for Pre Motion Conference. Upon review of the parties' submissions at #6 and #7 , the Court concludes that a pre-motion conference is unnecessary. Defendants may proceed with their motion to dismiss and motion to stay discovery. The parties are directed to file a joint proposed briefing schedule for both motions on or before 3/22/2022. Ordered by Judge Eric N. Vitaliano on 3/8/2022. (Robinson, Elizabeth)
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| Filing 7 RESPONSE in Opposition re #6 First MOTION for pre motion conference re: Defendants' Anticipated Motion To Dismiss The Complaint filed by David Rivera. (Glass, Bryan) |
| Filing 6 First MOTION for pre motion conference re: Defendants' Anticipated Motion To Dismiss The Complaint by Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education. (Hirsch, Corey) |
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ORDER: Defendants' Motion for Extension of Time to File #5 is granted, in part. Defendants are respectfully directed to answer or otherwise respond to Plaintiff's Complaint by 3/1/2022. Ordered by Magistrate Judge Taryn A. Merkl on 1/11/2022. (Cahn, Gabriel)
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| Filing 5 First MOTION for Extension of Time to File Response To Complaint by City of New York, New York City Department of Education. (Hirsch, Corey) |
| Filing 4 NOTICE of Appearance by Corey Benjamin Hirsch on behalf of City of New York, New York City Department of Education (aty to be noticed) (Hirsch, Corey) |
| Filing 3 Summons Issued as to Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education. (Attachments: #1 Summons Issued, #2 Summons Issued, #3 Summons Issued) (Tavarez, Jennifer) |
| Filing 2 Proposed Summons. Re #1 Complaint, by David Rivera (Attachments: #1 Proposed Summons NYCDOE, #2 Proposed Summons Christie, #3 Proposed Summons Lewis) (Glass, Bryan) |
| Filing 1 COMPLAINT against Claudette Christie, City of New York, Arianna Lewis, New York City Department of Education filing fee $ 402, receipt number ANYEDC-14997509 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by David Rivera. (Attachments: #1 Civil Cover Sheet) (Glass, Bryan) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Taryn A. Merkl. 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. (Bowens, Priscilla) |
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