Byam v. New York City Department of Education
| Lydia Byam |
| New York City Department of Education |
| 1:2023cv03999 |
| May 30, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #11 , as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 7/13/2023. (BH)
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| Filing 12 Letter Parties' Initial Joint Letter by New York City Department of Education (Olert, Bryan) |
| Filing 11 CASE MANAGEMENT STATEMENT Case Management Plan (Olert, Bryan) |
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ORDER: The Court grants in part Defendant's motion for an extension of time. See ECF No. #10 . If Defendant intends to move to dismiss Plaintiff's complaint, then Defendant shall file a pre-motion letter that complies with Section IV.A of the Court's Individual Practices on or before July 24, 2023, in which case Plaintiff shall file a responsive letter on or before July 31, 2023, which shall address whether Plaintiff believes she can amend her complaint to address the issues raised in Defendant's letter. If Defendant does not intend to move to dismiss Plaintiff's complaint, then Defendant shall file an answer on or before August 22, 2023. However, the parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #8 , remains July 13, 2023, because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 6/23/2023. (BH)
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| Filing 10 First MOTION for Extension of Time to File Answer or to Otherwise Respond to the Complaint by New York City Department of Education. (Olert, Bryan) |
| Filing 9 NOTICE of Appearance by Bryan Carr Olert on behalf of New York City Department of Education (aty to be noticed) (Olert, Bryan) |
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Filing 8
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by July 13, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendant's counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendant's deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 6/11/2023. (BH)
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| Filing 7 SUMMONS Returned Executed by Lydia Byam. New York City Department of Education served on 6/8/2023, answer due 6/29/2023. (Tobin, Edward) |
| Filing 6 Summons Issued as to New York City Department of Education. (JC) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Lydia Byam (Tobin, Edward) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Case Assigned to Judge Hector Gonzalez. 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. (SR) |
| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SR) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before June 20, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 6/5/2023. (BH)
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| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Lydia Byam (Bellovin, Marshall) |
| NOTICE: The Clerks Office is awaiting the completed Civil Cover Sheet so that this case may be processed. If in 30 days of the filing date (5/30/2023), we do not receive the completed form, this case will be administratively closed. (TPL) |
| NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 1 COMPLAINT against New York City Department of Education filing fee $ 402, receipt number ANYEDC-16746204 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Lydia Byam. (Attachments: #1 Exhibit Exh.1 Notice of Right to Sue) (Bellovin, Marshall) |
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| Plaintiff: Lydia Byam | |
| Represented By: | Marshall B. Bellovin |
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| Defendant: New York City Department of Education | |
| Represented By: | Bryan Carr Olert |
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