Jansen v. The City of New York et al
| Heather Jansen |
| The City of New York, New York City Department of Education Office of General Counsel, David C. Banks and Marion Wilson |
| 1:2023cv06756 |
| September 11, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Hector Gonzalez |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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ORDER: The Court grants Plaintiff's request for leave to file an amended complaint, see ECF No. #30 , that attempts to address the issues raised in Defendants' pre-motion letter regarding Defendants' proposed motion to dismiss, see ECF No. #29 . Plaintiff has not previously amended the complaint, and Plaintiff has requested permission to amend less than 21 days after Defendants filed a pre-motion letter, as authorized by Rule 15(a)(1). The Court therefore denies Defendants' request for a pre-motion conference.Plaintiff shall file an amended complaint on or before November 27, 2023. Defendants shall file a short letter on or before December 4, 2023, indicating whether Defendants intend to move to dismiss Plaintiff's amended complaint. Defendants' letter need not reiterate the legal and factual bases for Defendants' planned motion to dismiss, and Plaintiff shall not file a responsive letter.If Defendants decide to move to dismiss Plaintiff's amended complaint, then Defendants shall file opening papers in support of the motion on or before December 27, 2023. Plaintiff shall file opposition papers on or before January 26, 2024, and Defendants shall file reply papers on or before February 9, 2024. The parties' motion papers shall comply with the page limits and other requirements described in Section IV.B of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 11/9/2023. (ICP)
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Filing 30
RESPONSE in Opposition re #29 First MOTION for pre motion conference re: Defendants' motion to dismiss the complaint filed by Heather Jansen. (Clancy, Olivia)
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Filing 29
First MOTION for pre motion conference re: Defendants' motion to dismiss the complaint by David C. Banks, New York City Department of Education Office of General Counsel, The City of New York, Marion Wilson. (Olert, Bryan)
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ORDER: Defendants have filed a letter requesting a pre-motion conference to discuss a proposed motion to dismiss Plaintiff's complaint. See ECF No. #29 . Plaintiff shall file a responsive letter that complies with Section IV.A of the Court's Individual Practices on or before November 9, 2023, which shall address whether Plaintiff believes the complaint can be amended to address the issues raised in Defendant's letter. Ordered by Judge Hector Gonzalez on 11/2/2023. (ICP)
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Filing 28
REDACTION to #8 Exhibit 46-57 redacted in compliance with Judge Gonzalez's October 18, 2023 Order by Heather Jansen (Clancy, Olivia)
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Filing 27
REDACTION to #8 Exhibit 1-45 redacted in compliance with Judge Gonzalez's October 18, 2023 Order by Heather Jansen (Clancy, Olivia)
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Filing 26
NOTICE of Appearance by Bryan Carr Olert on behalf of Marion Wilson (notification declined or already on case) (Olert, Bryan)
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Filing 25
First MOTION to Seal Document ECF Dkt. 8 by David C. Banks, New York City Department of Education Office of General Counsel, The City of New York, Marion Wilson. (Olert, Bryan)
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ORDER granting #25 First Motion to Seal Document. The Court has sealed Plaintiff's exhibits filed in support of her motion for a Temporary Restraining Order and Preliminary Injunction, see ECF No. #8 , because it contains personally identifiable information ("PII") of a minor student. Plaintiff is directed to refrain from filing documents containing unredacted PII of any students or minors on the docket in this case. On or before October 25, 2023, Plaintiff shall re-file her exhibits in support of her motion for a Temporary Restraining Order and Preliminary Injunction with all PII of students or minors redacted. Ordered by Judge Hector Gonzalez on 10/18/2023. (ICP)
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Filing 24
Letter Certifying Compliance with the Court's October 6, 2023 Order by Heather Jansen (Clancy, Olivia)
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Filing 23
NOTICE of Appearance by Bryan Carr Olert on behalf of David C. Banks, New York City Department of Education Office of General Counsel, The City of New York (aty to be noticed) (Olert, Bryan)
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Filing 22
MOTION for Extension of Time to File Answer by David C. Banks, New York City Department of Education Office of General Counsel, The City of New York. (Felder, Ethan)
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Filing 21
NOTICE of Appearance by Ethan Michael Felder on behalf of David C. Banks, New York City Department of Education Office of General Counsel, The City of New York (notification declined or already on case) (Felder, Ethan)
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Filing 20
ORDER: For the reasons set forth in the attached order, Plaintiff's motion to recuse and vacate all orders and judgments, see ECF No. #17 , is DENIED. In light of the frivolity of this motion, I direct counsel of record, Olivia Marie Clancy, who is listed as an associate attorney on her law firm's webpage, to share a copy of this Order with any partner, shareholder, or counsel at the Shegerian & Associates law firm (the "Firm") who supervised the filing of this motion, and if no such individual exists, Ms. Clancy is directed to share a copy of this Order with Carney Shegerian, the founder of the Firm. Ms. Clancy is further directed to file a letter with the Court by October 11, 2023, certifying compliance with this Order and noting the individual(s) to whom she provided a copy of this order. Ordered by Judge Hector Gonzalez on 10/6/2023. (ICP)
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ORDER: The Court grants Defendants' motion for an extension of time, see ECF No. #22 , and all Defendants shall file an answer or otherwise respond to Plaintiff's complaint on or before November 13, 2023. Ordered by Judge Hector Gonzalez on 10/6/2023. (ICP)
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Filing 19
Letter dated October 4, 2023 by Heather Jansen (Attachments: #1 Exhibit A) (Clancy, Olivia)
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Filing 18
DECLARATION re #17 MOTION for Recusal of Olivia M. Clancy, Esq. by Heather Jansen (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2a, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10) (Clancy, Olivia)
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Filing 17
MOTION for Recusal by Heather Jansen. (Clancy, Olivia)
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Case no longer referred to Magistrate Judge Lois Bloom. (PN)
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Filing 16
ORDER denying #5 Motion for a Temporary Restraining Order and Preliminary Injunction. For the reasons set forth in the attached order, Plaintiffs application for a Temporary Restraining Order and a Preliminary Injunction is denied. Ordered by Judge Hector Gonzalez on 9/20/2023. (ICP)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before October 11, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each 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 9/20/2023. (ICP)
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Filing 15
Letter dated September 19, 2023 by Heather Jansen (Clancy, Olivia)
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Filing 14
NOTICE of Appearance by Olivia Marie Clancy on behalf of Heather Jansen (aty to be noticed) (Clancy, Olivia)
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Filing 13
FILING FEE: $ 402.00, receipt number 100009632. (JC)
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Filing 12
Summons Issued as to David C. Banks, New York City Department of Education Office of General Counsel, The City of New York, Marion Wilson. (JC)
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ORDER: On September 11, 2023, Plaintiff filed her complaint and a motion seeking a temporary restraining order and a preliminary injunction. See ECF Nos. #1 , #5 . At the time Plaintiff filed her motion, she was proceeding pro se. The Court notes that an attorney, Olivia Marie Clancy, has since entered a notice of appearance on Plaintiff's behalf. By September 22, 2023, Plaintiff's counsel is directed to file a letter on the docket advising the Court whether Plaintiff intends to proceed with her previously filed motion for a temporary restraining order and a preliminary injunction. Ordered by Judge Hector Gonzalez on 9/18/2023. (ICP)
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Filing 11
ORDER denying #2 motion for leave to proceed in forma pauperis. For the reasons set out in the attached order, plaintiff's application for in forma pauperis status is denied. Plaintiff is granted 14 days leave from the entry of this Order to pay the $402.00 filing fee in order to proceed with this action. If Plaintiff fails to pay the filing fee to the Clerk of Court within 14 days, the action shall be dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Hector Gonzalez on 9/17/2023. (ICP)
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Filing 10
Letter dated September 14, 2023 to the Clerk of Court from pro se Plaintiff Heather Janesen requesting to have Exhibits #8 that were filed on September 11, 2023 be linked to docket entry #5 Motion for Temporary Restraining Order filed by Heather Jansen instead of the Complaint. Please note, the docket sheet has been updated and corrected. (JC)
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Filing 9
Letter dated September 14, 2023 to the Clerk of Court from pro se Plaintiff Heather Janesen requesting to have her addressed on the docket corrected. Please note, the docket has been updated with the correct address. (JC)
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Filing 6
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)
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Filing 7
Unsigned Order to Show Cause filed by Heather Jansen. (JC)
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Filing 5
MOTION for Temporary Restraining Order by Heather Jansen. (KD)
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Filing 4
Unsigned Order to Show Cause by Heather Jansen (KD)
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Filing 3
Pro Se Consent to Electronic Notification by Heather Jansen (KD)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Heather Jansen. (KD)
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Filing 1
COMPLAINT against David C. Banks, New York City Department of Education Office of General Counsel, The City of New York, Marion Wilson, filed by Heather Jansen. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Service) (KD)
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