Butts v. Kelch et al
Candace A. Butts |
Eugenia Kelch, Theresa Davis, United Federation of Teachers and New York City Department of Education |
1:2022cv04418 |
July 27, 2022 |
US District Court for the Eastern District of New York |
Frederic Block |
Cheryl L Pollak |
Civil Rights: Jobs |
28 U.S.C. § 1331 Federal Question: Other Civil Rights |
None |
Docket Report
This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
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Filing 14 MOTION for Extension of Time to File City Defendants write jointly with Plaintiff to request an extension of time to choose a mediator to seven days after the EDNY mediation office provides a list of pro bono mediators. by Theresa Davis, Eugenia Kelch, New York City Department of Education. (Rosen, Elisheva) |
ELECTRONIC ORDER: Defendant's letter application #14 with the consent of the plaintiff is GRANTED in part. The time to select a pro bono mediator is extended until October 7, 2022. Ordered by Judge Frederic Block on 9/23/2022. (Innelli, Michael) |
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Mahoney, Brenna) |
Minute Entry for proceedings held before Judge Frederic Block: Kenechukwn Okoli, Esq. for the plaintiff and Elisheva Rosen, Esq. for the defendants, allpresent. Pre-motion conference held on 9/13/2022. Defendants anticipated motion to dismiss was discussed. Plaintiff is looking for injunctive relief and counsel fees. After speaking to the parties the Court is ordering court mediation. (Court Reporter: Not Reported) (Innelli, Michael) |
ORDER REFERRING CASE to Mediation. Mediation shall be completed by 11/13/22.Selection of Mediator due by 9/27/2022. Ordered by Judge Frederic Block on 9/13/2022. (Innelli, Michael) |
SCHEDULING ORDER: Plaintiff's telephone application on 9/7/22 with the consent of the defendant is GRANTED. The in person pre-motion conference scheduled for September 7, 2022 is adjourned to September 13, 2022 at 4:00 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 9/7/2022. (Innelli, Michael) |
Set/Reset Hearings: In Person Pre-Motion Conference set for 9/13/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
Filing 13 Consent MOTION to Adjourn Conference to 8/7/2022 or 8/12/2022 by Candace A. Butts. (Okoli, Kenechukwu) |
Filing 12 SCHEDULING ORDER: The defendant's letter application #10 dated 8/11/22 is GRANTED. An in person pre motion conference is scheduled for September 6, 2022 @ 4:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 8/23/2022. (Innelli, Michael) |
Set/Reset Hearings: In Person Pre-Motion Conference set for 9/6/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
ELECTRONIC ORDER: Plaintiff's letter application #13 with the consent of the defendants is GRANTED. The in person pre-motion conference scheduled for September 6, 2022 is adjourned to September 7, 2022 at 3:30 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 8/23/2022. (Innelli, Michael) |
Set/Reset Hearings: In Person Pre-Motion Conference set for 9/7/2022 03:30 PM before Judge Frederic Block. (Innelli, Michael) |
Filing 11 REPLY in Opposition re #10 First MOTION for pre motion conference Municipal Defendants write to respectfully request a pre-motion conference, seeking leave to file a motion to dismiss pursuant to FRCP 12(b)(6). Request for Extension of Time to Respond filed by Candace A. Butts. (Okoli, Kenechukwu) |
Filing 10 First MOTION for pre motion conference Municipal Defendants write to respectfully request a pre-motion conference, seeking leave to file a motion to dismiss pursuant to FRCP 12(b)(6). by Theresa Davis, Eugenia Kelch, New York City Department of Education. (Rosen, Elisheva) |
ELECTRONIC ORDER granting #7 Motion for Extension of Time to File Response/Reply - 9/16/2022. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 8/11/2022. (Caggiano, Diana) |
Filing 9 NOTICE of Appearance by Elisheva Leah Rosen on behalf of Theresa Davis (aty to be noticed) (Rosen, Elisheva) |
Filing 8 NOTICE of Appearance by Elisheva Leah Rosen on behalf of Eugenia Kelch (aty to be noticed) (Rosen, Elisheva) |
Filing 7 MOTION for Extension of Time to File Response/Reply Defendant DOE respectfully requests that the Court grant Defendant DOE an extension of time until September 16, 2022, to respond to the Amended Complaint. by New York City Department of Education. (Attachments: #1 Exhibit Exhibit A - State Court Stipulation of Extension of Time to Respond to Amended Complaint) (Rosen, Elisheva) |
Filing 6 MOTION for Extension of Time to File Response/Reply Defendant DOE respectfully requests that the Court grant Defendant DOE an extension of time until September 16, 2022, to respond to the Amended Complaint. by New York City Department of Education. (Attachments: #1 Exhibit Exhibit A - State Court Stipulation of Extension of Time to Respond to Amended Complaint) (Rosen, Elisheva) |
ELECTRONIC ORDER: Defendant New York City Department of Education's letter application #6 for an extension of time to serve and file an answer is DENIED without prejudice to re-file their application addressed to MJ Pollak who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 8/4/2022. (Innelli, Michael) |
Filing 5 SCHEDULING ORDER: An Initial Conference is set for 10/6/2022 @ 11:15 AM before Chief Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM. Enter Access code: 380-1746 and security code: 22-4418. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 8/2/2022. (Caggiano, Diana) |
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 Civil Cover Sheet.. by New York City Department of Education (Rosen, Elisheva) |
Filing 1 NOTICE OF REMOVAL by New York City Department of Education from Kings County, Supreme, case number 516228/2022. ( Filing fee $ 402 receipt number ANYEDC-15788484) (Attachments: #1 Exhibit Exhibit A - Amended Complaint) (Rosen, Elisheva) |
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
Case Assigned to Judge Frederic Block and Chief Magistrate Cheryl L. Pollak. 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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