J.L. v. New York City Department of Education et al
| J.L. |
| New York City Department of Education and Carmen Farina |
| 1:2017cv07150 |
| September 20, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Civil Rights: Education |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
327
ORDER granting 325 Letter Motion for Extension of Time to File. The requested extension is GRANTED. The parties may file their Objections by February 21, 2024. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/20/2024) (ks)
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Filing
321
OPINION AND ORDER ON MOTION TO SEAL re: 261 LETTER MOTION to Seal addressed to Magistrate Judge Katharine H. Parker from Caroline J. Heller dated June 5, 2023. filed by D.A., H.B., K.M., J.L. Plaintiffs' motion to se al is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion to seal at ECF No. 261. The documents filed under seal in connection with the motion for summary judgment may remain under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/25/2024) (vfr)
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Filing
313
ORDER: The parties are directed to file a joint letter with the Court by Thursday, December 28, 2023 stating whether, as a result of a partial settlement of any claims in this action, including a settlement as to any individual Plaintiff' s claims, any party withdraws any argument(s) from its motion for summary judgment. Additionally, the parties shall meet and confer to discuss whether they consent pursuant to 28 U.S.C. § 636(c) to the Undersigned's jurisdiction to decid e the cross motions for summary judgment. If the parties so consent, the Undersigned will issue an Opinion and Order on the motions rather than a Report and Recommendation. If all parties consent, they shall complete the Consent Form For a Specif ic Motion, available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge-specific-motion, and file such form with the Court no later than December 28, 2023. This Order is not meant to interfere in any way with the parties� 39; absolute right to have dispositive motions before a District Judge, but is merely an attempt at reminding the parties of their option pursuant to 28 U.S.C. § 636(c). SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/21/2023) (vfr)
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Filing
312
ORDER SCHEDULING SETTLEMENT STATUS CONFERENCE, A settlement status telephone conference in this matter is scheduled for Thursday, December 21, 2023, at 10:00 a.m. At the scheduled time, counsel for the parties shall dial the Court's conferen ce line at 866-434-5269, Access Code 4858267. The Court will separately circulate a security code to access the conference line. SO ORDERED. ( Telephone Conference set for 12/21/2023 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/19/23) (yv)
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Filing
304
ORDER SCHEDULING SETTLEMENT STATUS CONFERENCE, A settlement status telephone conference in this matter is scheduled for Monday, December 11, 2023, at 12:00 p.m. At the scheduled time, counsel for the parties shall dial the Court's conference line at 866-434-5269, Access Code 4858267. The Court will separately circulate a security code to access the conference line. SO ORDERED. ( Telephone Conference set for 12/11/2023 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/7/23) (yv)
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Filing
303
ORDER SCHEDULING SETTLEMENT STATUS CONFERENCE: A settlement status telephone conference in this matter is hereby scheduled for Friday, December 1, 2023, at 11:00 a.m. At the scheduled time, counsel for the parties shall dial the Court's conference line at 866-434-5269, Access Code 4858267. SO ORDERED. ( Telephone Conference set for 12/1/2023 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/30/2023) (vfr)
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Filing
288
ORDER granting 287 Letter Motion for Extension of Time to File. Application granted. No further extensions of Defendants' below briefing deadlines will be granted. SO ORDERED.. (Signed by Magistrate Judge Katharine H. Parker on 10/12/2023) (jca)
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Filing
286
ORDER granting 285 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 10/10/2023) (vfr)
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Filing
284
ORDER granting 283 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 10/2/2023) (vfr)
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Filing
282
ORDER granting 281 Letter Motion for Extension of Time to File. The deadline for Defendant's cross-motion and opposition brief is extended to Friday, October 6, 2023. The deadline for Plaintiffs' opposition and reply is extended to Friday, November 3, 2023. The deadline for Defendant's reply is extended to Friday, November 24, 2023. The oral argument previously scheduled on November 9, 2023 is rescheduled to Thursday, December 7, 2023 at 10:00 a.m. The settlement confere nce will proceed as previously scheduled on October 18, 2023. The Court is not likely to entertain any further extensions absent a showing of good cause that is unrelated to DOE staffing issues or the Thanksgiving holiday. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/30/2023) (vfr)
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Filing
280
ORDER: The Court thanks the parties for their letters at ECF Nos. 278 and 279. There is no change to the briefing schedule for the motions for summary judgment. The court looks forward to an update from the Department of Education at the October 18, 2023 settlement conference. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/16/2023) (vfr)
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Filing
275
ORDER: The Court requests that the parties submit a letter to the Court setting forth how, if at all, the July 19, 2023 order issued by the Hon. Loretta A. Preska in L.V. v. New York City Department of Education, 03-cv-9917, at ECF No. 328, impacts this case and any issues to be resolved on summary judgment. Such letter shall be filed by August 15, 2023. (Signed by Magistrate Judge Katharine H. Parker on 7/24/2023) (rro)
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Filing
271
ORDER Accordingly, Defendants have not met their burden to show that these communications are protected by the work product doctrine. By Friday, July 14, 2023, Defendants shall re-produce Exhibit 67 in unredacted form to Plaintiffs. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 262. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/8/2023) (jca)
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Filing
269
ORDER granting 268 Letter Motion for Extension of Time to File. The deadline for Defendant's cross-motion and opposition is extended from Friday, July 7, 2023 to Friday, September 8, 2023. The deadline for Plaintiffs' opposition and re ply is extended from Friday, July 28, 2023 to Friday, September 29, 2023. The deadline for Defendants' reply is extended from Friday, August 18, 2023 to Friday, October 20, 2023. Oral argument on the motions for summary judgment will take plac e on Thursday, November 9, 2023 at 10:00 a.m. in Courtroom 17-D, U.S. Courthouse, 500 Pearl Street, New York, NY. No further requests for extension of the briefing schedule will be entertained absent a showing of good cause. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/6/2023) (mml)
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Filing
263
ORDER terminating 262 Letter Motion to Compel. By Wednesday, June 28, 2023, Defendants shall send an ex parte email to the Court attaching (1) a copy of the documents at issue with the clawed-back information highlighted in yellow, as well as (2) an excerpt of Defendants' privilege log entries as to these two documents. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/22/2023) (vfr)
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Filing
257
ORDER granting 256 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 5/22/2023) (ate)
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Filing
245
ORDER: Accordingly, by Tuesday, May 9, 2023, Plaintiff shall file unredacted versions of its Memorandum of Law and accompanying declarations and exhibits under seal (which shall be provisional). By Monday, May 15, 2023, Plaintiff shall publicly file a redacted version of these documents in accordance with their Motion to Seal. On Monday, May 15, 2023, Plaintiff shall also file a revised letter motion to seal that explains for each proposed redaction why the redaction is necessary. After that date, the Court will determine whether the submissions filed under seal may remain under seal. The deadline for Defendants' cross-motion and opposition is extended to July 7, 2023. The deadline for Plaintiffs' opposition and reply is extended to July 28, 2023. The deadline for Defendants' reply is extended to August 18, 2023. The Court also notes that after Plaintiffs filed the Notice of Motion, Defendants filed an Answer to the Complaint. In the event Plaintiff seeks to withdraw its Motion for Default Judgment and submit a brief that only concerns the Motion for Summary Judgment, Plaintiff shall file a letter no later than Tuesday, May 9, 2023 advising the Court of this decision and, if needed, proposing a s hort extension of the above deadlines to allow it time to make the necessary revisions. The parties are reminded of their option pursuant to 28 U.S.C. § 636(c) to consent to decision of the action, or a specific motion, by the undersigned Magistrate Judge. If all parties consent to decision of the Motions for Default/Summary Judgment by the undersigned, they shall complete the Consent to Proceed Before a Magistrate Judge on a Specific Motion Form, as further set forth in this Order. SO ORDERED. ( Brief due by 5/9/2023., Cross Motions due by 7/7/2023., Motions due by 5/15/2023., Replies due by 8/18/2023., Responses due by 7/28/2023) (Signed by Magistrate Judge Katharine H. Parker on 5/5/2023) (vfr)
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Filing
243
ORDER granting 239 Letter Motion to Seal. Plaintiffs' letter indicates that the proposed sealed documents were submitted with the underlying letter for the Court's review, but no such documents were filed. Plaintiff shall file under sea l the proposed sealed documents so that the Court can evaluate the motion to seal. Additionally, it is unclear from Plaintiffs' letter whether they seek to file all briefing and exhibits under seal or seek to file the documents with redactions . The Court notes that a motion to seal all briefing and exhibits in their entirety will not likely be found "narrowly tailored" in accordance with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and its progeny. See, e.g. , United States v. Maxwell, 2022 WL 421123, at *2 (S.D.N.Y. Feb. 11, 2022) ("Wholesale sealing of the motion papers... is not narrowly tailored."); Wiav Sols. Inc. v. HTC Corp., 2021 WL 871415, at *2 (S.D.N.Y. Mar. 9, 2021) (directing the m ovant to propose narrower redactions of only the sensitive information). Finally, to the extent Plaintiffs seek to file information under seal merely because the information is designated "Confidential" by agreement of the parties, this is not sufficient under Lugosch and its progeny. See, e.g., Bionpharma Inc. v. CoreRx, Inc., 2023 WL 2977998, at *1 (S.D.N.Y. Mar. 6, 2023) (collecting cases). Rather, the motion must explain the specific higher values that would be preserved for each piece of information Plaintiffs seek to redact. Accordingly, the parties should discuss in good faith the need to file information regarding the DOE's policies and procedures under seal. If the parties agree in writing that particular informa tion that has been designated "Confidential" need not be filed under seal, that information can be filed without redaction and such filing will not be a breach of any Stipulation of Confidentiality. In the event these discussions lead to a more narrowly tailored motion, Plaintiffs may file a revised motion to seal by Monday, May 15, 2023. (Signed by Magistrate Judge Katharine H. Parker on 5/1/2023) (rro)
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Filing
235
ORDER: Fact discovery in this action has closed and expert discovery was stayed pending a Motion for Summary Judgment on the issue of liability, however no such motion was filed. By Monday, March 27, 2023, the parties shall file a joint status letter advising the Court of how they would like to proceed in this action, such as by setting a new briefing schedule for the Motion for Summary Judgment; by proceeding with expert discovery; by scheduling another settlement conference; or some other course of action. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/21/2023) (ama)
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Filing
234
OPINION AND ORDER: For the above reasons, DOE shall produce the documents, some in redacted form, as specified above. DOE shall have until December 30, 2022 to comply with this Order. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/15/2022) (vfr)
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Filing
232
ORDER: By Tuesday, December 6, 2022, Defendants shall submit in camera a document containing the privilege log entries for the 18 documents referenced in the parties' letters at ECF Nos. 227 and 229. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/30/2022) (vfr)
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Filing
230
ORDER: By Friday, October 7, 2022, Defendants shall submit in camera the 18 documents referenced in the parties' letters at ECF Nos. 227 and 229, in the event the dispute regarding the designation of these documents as privileged remains unresolved. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/30/2022) (vfr)
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Filing
226
ORDER. The Court directs the parties to file a joint status letter by Monday, August 22, 2022, updating the Court on the status of discovery. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/17/22) (yv)
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Filing
225
ORDER: As discussed at the July 14, 2022 Case Management Conference: The parties shall file a joint status letter on Monday, August 15, 2022 of no more than three pages to update the Court on the status of discovery. If discovery issues arise th at cannot be resolved through meet-and-confers, the parties should note those issues in the status letter. The Court adopts the parties' proposed briefing schedule on their motion for summary judgment on the issue of liability: the parties wil l finalize a joint 56.1 statement by Friday, September 23, 2022; Plaintiffs will file a moving brief by Friday, October 14, 2022; Defendants will file a response and any cross-motions by Monday, November 14, 2022; Plaintiffs will file a reply and any response to any cross-motions by Monday, December 5, 2022, and Defendants will file any reply to any response to any cross-motions by Friday, December 23, 2022. The joint 56.1 statement does not preclude a short, supplemental 56.1 statement by either party. SO ORDERED. ( Cross Motions due by 11/14/2022., Motions due by 10/14/2022., Responses due by 12/5/2022, Replies due by 12/23/2022.) (Signed by Magistrate Judge Katharine H. Parker on 7/14/2022) (vfr)
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Filing
223
ORDER: As discussed at the June 17, 2022 Case Management Conference: By July 1, 2022, Defendant shall respond to Plaintiff's request to explain why certain documents have been withheld as privileged. Additionally, by July 1, 2022, the parties shall confer on a proposed briefing schedule on a motion for summary judgment and any cross-motions, and shall file a letter on ECF stating the proposed briefing schedule. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/17/2022) (kv)
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Filing
218
ORDER granting 217 Letter Motion to Adjourn Conference. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 5/17/2022) (va)
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Filing
216
ORDER CONVERTING SETTLEMENT CONFERENCE TO TELEPHONIC: The Settlement Conference in this matter scheduled for Wednesday, May 18, 2022 at 10:00 a.m. is hereby converted to a telephonic conference. Counsel should call into the court conference line at (866) 434-5269 Code: 4858267 at the scheduled time. A security code will be emailed to counsel by chambers for his proceeding. SO ORDERED. ( Telephone Conference set for 5/18/2022 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/5/2022) (vfr)
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Filing
213
ORDER: Expert discovery is stayed until after a ruling on the anticipated motion for summary judgment. The parties shall conduct and complete expert discovery within ninety days after a ruling on the anticipated motion on summary judgment. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/14/2022) (vfr)
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Filing
210
ORDER: granting 209 Letter Motion to Adjourn Conference. Application Granted. The Case Management Conference scheduled for Thursday, April 7, 2022 at 10:00 a.m. is hereby rescheduled to Thursday, April 14, 2022 at 11:30 a.m. The parties are direct ed to call into Judge Parker's AT&T line for the call. Please dial (866) 434-5269, access code: 4858267. Application Granted. Case Management Conference set for 4/14/2022 at 11:30 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/06/2022) (ama)
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Filing
208
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is hereby scheduled for Wednesday, May 18, 2022 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Updated settlement sub missions must be received by the Court no later than May 11, 2022 by 5:00 p.m. SO ORDERED. ( Settlement Conference set for 5/18/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/28/2022) (vfr)
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Filing
204
SETTLEMENT CONFERENCE ORDER: A telephonic settlement conference in this matter is scheduled for Monday, March 28, 2022 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Updated settlement submissions must be received by the Court no later than March 21, 2022 by 5:00 p.m. SO ORDERED. ( Telephone Conference set for 3/28/2022 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/19/2022) (vfr)
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Filing
186
ORDER granting 185 Letter Motion to Adjourn Conference; granting 185 Letter Motion for Extension of Time to File. APPLICATION GRANTED. ( Telephone Conference set for 11/4/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/15/2021) (vfr)
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Filing
184
ORDER granting 183 Letter Motion for Extension of Time to File. APPLICATION GRANTED. Given the extension of deadlines for the pending motion to compel, the case management conference scheduled for October 14, 2021 at 12:00 p.m. is hereby resche duled to a telephonic conference on Tuesday, October 26, 2021 at 3:00 p.m. The parties are directed to call into Judge Parker's AT&T line for the call. Please dial (866)434-5269, access code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 10/8/2021) (vfr)
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Filing
168
ORDER : A telephonic case management conference was held on July 1, 2021 at 12:00 p.m. whereby the Court ordered that the parties meet and confer regarding the specificity and precision needed for the 30(b)(6) depositions topics, and if my inter vention is needed please let me know no later than July 15, 2021. Additionally, a settlement conference is currently scheduled for July 12, 2021 at 10:00 a.m., with settlement submissions due by Friday, July 9, 2021. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/1/2021) (vfr)
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Filing
158
SETTLEMENT CONFERENCE ORDER: A telephonic settlement conference in this matter is scheduled for Monday, July 12, 2021 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time . Please dial (866) 434-5269, Access code: 4858267. Updated settlement submissions must be received by the Court no later than July 6, 2021 by 5:00 p.m. ( Telephone Conference set for 7/12/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/19/2021) (mro)
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Filing
154
SETTLEMENT CONFERENCE ORDER: A telephonic settlement conference in this matter is scheduled for Friday, April 16, 2021 at 2:00 p.m. Counsel for the parties are directed to call Judge Parkers court conference line at the scheduled time. Ple ase dial (866) 434-5269, Access code: 4858267. Updated settlement submissions must be received by the Court no later than April 9, 2021 by 5:00 p.m. ( Telephone Conference set for 4/16/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/10/2021) (mro)
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Filing
152
ORDER SCHEDULING CASE MANAGEMENT CONFERENCES: A series of telephonic Case Management conferences in this matter are hereby scheduled for the following dates. The parties shall file a joint status letter that includes agenda items thr ee business days in advance of each conference. The letters shall be no more than five pages in length. Counsel is directed to call into the court conference line at the scheduled times. Please dial (866) 434-5269 Code: 4858267. Wednesday, Ma rch 10, 2021 at 12:00 p.m. Thursday, April 1, 2021 at 11:00 a.m. Monday, May 10, 2021 at 10:00 a.m. Wednesday, June 2, 2021 at 10:00 a.m. Thursday, July 1, 2021 at 12:00 p.m. Wednesday, August 4, 2021 at 10:00 a.m. Thursday, September 2, 2021 at 12:00 p.m. Thursday, October 14, 2021 at 12:00 p.m. Thursday, November 4, 2021 at 12:00 p.m. Thursday, December 2, 2021 at 12:00 p.m. ( Telephone Conference set for 3/10/2021 at 12:00 PM before Magistrate Judge Katharine H. Pa rker., Telephone Conference set for 4/1/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 5/10/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 6/2/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 7/1/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 8/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Teleph one Conference set for 9/2/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 10/14/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 11/4/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 12/2/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/2/2021) (mro)
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Filing
150
ORDER granting 149 Letter Motion to Adjourn Conference. The telephonic settlement conference in this matter scheduled for Tuesday, January 5, 2021 at 2:30 p.m. is hereby rescheduled to Thursday, January 21, 2021 at 2:30 p.m. Counsel for th e parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Updated settlement submissions must be received by the Court no later than January 14, 2021 by 5:00 p.m. Telephone Conference set for 1/21/2021 at 02:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 12/29/2020) (mro)
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Filing
146
SETTLEMENT CONFERENCE ORDER: A telephonic settlement conference in this matter is scheduled for Tuesday, January 5, 2021 at 2:30 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Updated settlement submissions must be received by the Court no later than December 29, 2020 by 5:00 p.m. ( Telephone Conference set for 1/5/2021 at 02:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/30/2020) (mro)
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Filing
143
ORDER granting 142 Letter Motion to Adjourn Conference. The settlement conference in this matter previously scheduled for Friday, November 6, 2020 at 10:00 a.m. is hereby rescheduled to Friday, November 20, 2020 at 10:00 a.m. Counsel is di rected to call Judge Parker's teleconference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissio ns in accordance with Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than November 13, 2020 by 5:00 p.m. Telephone Conference set for 11/20/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 11/6/2020) (mro)
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Filing
137
TELEPHONE STATUS CONFERENCE ORDER: A telephonic Status Conference in this matter is hereby scheduled for Thursday, September 10, 2020 at 4:00 p.m. Counsel for the parties are directed to call Judge Parker's teleconference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. (Telephone Conference set for 9/10/2020 at 04:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/4/2020) (jwh)
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Filing
134
TELEPHONE STATUS CONFERENCE ORDER: A telephonic Status Conference in this matter is hereby scheduled for Tuesday, August 4, 2020 at 12:30 p.m. Counsel for the parties are directed to call Judge Parker's teleconference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. ( Telephone Conference set for 8/4/2020 at 12:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/22/2020) (mro)
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Filing
115
ORDER: NOW, THEREFORE, in order to protect public health, reduce unnecessary travel, and minimize the risk of exposure while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1; It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, video conference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This o rder does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the parties stipulate otherwise") the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. In light of the current pandemic, the court reporter may attend the deposition and administer the oath via the same remote means (e.g., telephone conference call o r video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), tha t all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 60 days, together with all post-discovery deadlines previously set by this Court. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding unnecessary health risks. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (ks)
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Filing
114
ORDER CONVERTING STATUS CONFERENCE TO TELEPHONE CONFERENCE: The Status Conference in this matter scheduled for Tuesday, March 16, 2020 at 3:30 p.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2020) ( Telephone Conference set for 3/16/2020 at 03:30 PM before Magistrate Judge Katharine H. Parker.) (ks)
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Filing
111
ORDER: As discussed during the conference, following order is entered: Settlement Conference. A settlement conference in this matter is scheduled for February 25, 2020 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street , New York, New York. Any ex parte settlement submissions must be submitted to the Court via email no later than February 20, 2020 at 5:00 p.m. The Court also will address discovery issues at this conference to the extent the case is not r esolved. Document Production. The City's rolling production will begin by no later than March 6, 2020. The City is directed to file a monthly privilege log beginning on April 10, 2020. To the extent that deliberative process privilege is asse rted, the City shall set forth why the balance of Rodriguez factors weighs in favor of the privilege assertion. See Rodriguez v. Pataki, 280 F. Supp. 2d 89, (S.D.N.Y. 2003). February Conference. The status conference currently scheduled for Febru ary 24, 2020 is hereby adjourned. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/22/2020) ( Settlement Conference set for 2/25/2020 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)
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Filing
109
ORDER RESCHEDULING STATUS CONFERENCES: The settlement conference currently scheduled for January 22, 2020 is hereby converted to a status conference on January 22, 2020 at 10:00 a.m. A new date for a settlement conference will be discussed during the status conference. SO ORDERED. (Status Conference set for 1/22/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/21/2020) (jca)
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Filing
106
ORDER. The following order is entered: Prevalence Sample. The deadline for the City to complete its review of a prevalence sample is extended to December 30, 2019. Adjournment. The conference currently scheduled for January 21, 2020 is hereby adjou rned. FERPA Compliance. The parties are directed to meet and confer regarding the FERPA op-out process discussed during today's conference. The parties shall file a letter by January 10, 2020 to update the Court as to the parties' positions. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/16/19) (yv)
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Filing
103
ORDER: The status conference in this matter currently scheduled for December 16, 2019 at 3:30 p.m. is hereby adjourned to earlier that day, December 16, 2019 at 2:00 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/10/2019) ( Status Conference set for 12/16/2019 at 02:00 PM before Magistrate Judge Katharine H. Parker., Status Conference set for 12/23/2019 at 03:30 PM before Magistrate Judge Katharine H. Parker., Status Conference set for 1/21/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker., Status Conference set for 2/24/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker., Status Conference set for 3/16/2020 at 03:30 PM before Magistrate Judge Katharine H. Parker.) (ks)
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Filing
49
OPINION AND ORDER. For the foregoing reasons, Defendants' motion to dismiss is granted in part and denied in part. The motion is granted with respect to Plaintiff H.B.'s claims arising from the 2014-15 and 2015-16 school years. And to the e xtent that the Complaint pleads claims against the individual Defendant under the ADA or the Rehabilitation Act, those claims are dismissed. The motion is denied in all other respects. Further, the parties' joint request for a discovery conferen ce is denied as moot. The Clerk of Court is directed to amend the caption to substitute Richard A. Carranza for Carmen Farina. In addition, the parties are directed to appear for a status conference on September 20, 2018 at 2:30 p.m. The Clerk of Cou rt is directed to terminate the motions pending at ECF Nos. 36 and 48. So ordered. re: 36 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 12(b)(7) filed by New York City Department of Education, Carmen Farina, [4 8] JOINT LETTER MOTION for Local Rule 37.2 Conference addressed to Judge William H. Pauley, III from Elizabeth C. DeGori dated July 16, 2018 filed by New York City Department of Education, Carmen Farina. (Status Conference set for 9/20/2018 at 02:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/28/2018) (rjm)
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