Zimmerman et al v. Banks et al
| Rachel Zimmerman, Donna Cornett, Keisha Archibald, Lynn Chaperon, Carolyn Mason and Marilyn Beckford |
| David C. Banks and New York City Department of Education |
| 1:2023cv05192 |
| July 7, 2023 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Peggy Kuo |
| Civil Rights: Education |
| 20 U.S.C. § 1401 Education: Handicapped Child Act |
| None |
Docket Report
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| Document Text |
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| Filing 20 REPLY in Support re #14 MOTION to Dismiss filed by All Defendants. (Lindeman, Thomas) |
| Filing 19 AFFIDAVIT/DECLARATION in Support re #14 MOTION to Dismiss Reply declaration of Michael Pantalony filed by David C. Banks, New York City Department of Education. (Attachments: #1 Exhibit NA pendency form, #2 Exhibit NA pendency order, #3 Exhibit AD pendency order, #4 Exhibit JB pendency form) (Lindeman, Thomas) |
| Filing 18 MEMORANDUM in Opposition re #14 MOTION to Dismiss filed by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman. (Bellantoni, Rory) |
| Filing 17 AFFIDAVIT/DECLARATION in Opposition re #14 MOTION to Dismiss and in Further Support of Plaintiffs' Motion for Declaratory Judgment and Pendency Order/Automatic Injunction under the IDEA filed by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman. (Attachments: #1 Exhibit 1A: H.W. TDN, #2 Exhibit 1B: H.W. DPC, #3 Exhibit 2A: J.B. TDN, #4 Exhibit 2B: J.B. DPC, #5 Exhibit 3A: N.A. TDN, #6 Exhibit 3B: N.A. DPC, #7 Exhibit 4A: A.J.C.B. TDN, #8 Exhibit 4B: A.J.C.B. DPC, #9 Exhibit 5A: A.D. TDN, #10 Exhibit 5B: A.D. DPC, #11 Exhibit 6A: M.B. TDN, #12 Exhibit 6B: M.B. DPC) (Bellantoni, Rory) |
| Filing 16 Letter Regarding Opposition to Defendants' Motion and Further Reply in Support of Plaintiffs' Motion by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman (Bellantoni, Rory) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss filed by David C. Banks, New York City Department of Education. (Lindeman, Thomas) |
| Filing 14 MOTION to Dismiss by David C. Banks, New York City Department of Education. (Lindeman, Thomas) |
| Filing 13 Letter Response to Defendants' Letter Motion for Consolidation Filed in Related Matters by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman (Bellantoni, Rory) |
| Filing 12 SUMMONS Returned Executed by Marilyn Beckford, Donna Cornett, Lynn Chaperon, Carolyn Mason, Rachel Zimmerman, Keisha Archibald. David C. Banks served on 7/19/2023, answer due 8/9/2023; New York City Department of Education served on 7/19/2023, answer due 8/9/2023. (Bellantoni, Rory) |
| Filing 11 Summons Issued as to David C. Banks, New York City Department of Education. (ML) |
ORDER: The Court is in receipt of Plaintiffs' motion #9 requesting declaratory judgment and pendency order/automatic injunction under the IDEA. Defendants are directed to file any response to Plaintiffs' motion on or before July 31, 2023. Plaintiffs are directed to file any reply in support of the motion by August 7, 2023. Ordered by Judge LaShann DeArcy Hall on 7/19/2023. (CG)
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| Filing 10 DECLARATION re #8 Unsigned Order to Show Cause Requesting Declaratory Judgment and Pendency Order/Automatic Injunction under IDEA by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman (Attachments: #1 Exhibit H.W. Enrollment Agreement, #2 Exhibit H.W. Transportation Agreement, #3 Exhibit J.B. Enrollment Agreement, #4 Exhibit J.B. Transportation Agreement, #5 Exhibit N.A. Enrollment Agreement, #6 Exhibit N.A. Transportation Agreement, #7 Exhibit A.J.C.B. Enrollment Agreement, #8 Exhibit A.J.C.B. Transportation Agreement, #9 Exhibit A.J.C.B. Nursing Agreement, #10 Exhibit A.D. Enrollment Agreement, #11 Exhibit A.D. Transportation Agreement, #12 Exhibit M.B. Enrollment Agreement, #13 Exhibit M.B. Transportation Agreement) (Bellantoni, Rory) |
| Filing 9 MEMORANDUM in Support re #8 Unsigned Order to Show Cause Requesting Declaratory Judgment and Pendency Order/Automatic Injunction under IDEA filed by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman. (Bellantoni, Rory) |
| Filing 8 Unsigned Order to Show Cause Requesting Declaratory Judgment and Pendency Order/Automatic Injunction under IDEA by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman (Bellantoni, Rory) |
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Filing 7
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on October 19, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. 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.)Counsel are directed to the annexed Initial Conference Order for instructions. By October 13, 2023, 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 Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 7/11/2023. (RO)
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| Filing 6 Proposed Summons. Re #1 Complaint, by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman (Bellantoni, Rory) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 4 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. (KD) |
| Filing 3 Proposed Summons. Re #1 Complaint, by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman (Bellantoni, Rory) |
| Filing 2 Civil Cover Sheet.. by Keisha Archibald, Marilyn Beckford, Lynn Chaperon, Donna Cornett, Carolyn Mason, Rachel Zimmerman (Bellantoni, Rory) |
| Filing 1 COMPLAINT against David C. Banks, New York City Department of Education filing fee $ 402, receipt number CNYEDC-16869104 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Marilyn Beckford, Donna Cornett, Lynn Chaperon, Carolyn Mason, Rachel Zimmerman, Keisha Archibald. (Bellantoni, Rory) |
| Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT NAME NEEDS TO BE UPDATED/CORRECTED. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Case Assigned to Judge LaShann DeArcy Hall 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. (KD) |
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