Donohue v. New York City Department of Education
| Patrick Donohue |
| New York State Education Department and New York City Department of Education |
| 1:2018cv09364 |
| October 12, 2018 |
| US District Court for the Southern District of New York |
| Deborah A Batts |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 38
ORDER: The Court is in receipt of Plaintiffs' correspondence of December 4, 2018. Based on the record before the Court, the above-captioned case is DISMISSED WITH PREJUDICE. The Clerk of Court is ORDERED to close docket numbers 31 and 32. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/6/2018) (rro)
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| Filing 37 NOTICE OF APPEARANCE by Clement John Colucci, III on behalf of New York State Education Department. (Colucci, Clement) |
| Filing 36 LETTER RESPONSE to Motion addressed to Judge Deborah A. Batts from Karl Ashanti, Esq. of Brain Injury Rights Group, Attorneys for Plaintiffs dated December 4, 2018 re: #31 LETTER MOTION for Extension of Time to Respond to the Amended Complaint until (1) plaintiff notifies the Court of his position as to the status of this action and (2) in the event that plaintiff intends to pursue this action, 60 days after plainti, #32 FIRST MOTION to Dismiss the claims against the New York City Department of Education in their entirety. . Document filed by Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). (Indig, Moshe) |
| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 11/1/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 34 TRANSCRIPT of Proceedings re: hearing held on 11/1/2018 before Judge Deborah A. Batts. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/21/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/28/2019.(McGuirk, Kelly) |
| Filing 33 MEMORANDUM OF LAW in Support re: #32 FIRST MOTION to Dismiss the claims against the New York City Department of Education in their entirety. . Document filed by New York City Department of Education. (Thayer, David) |
| Filing 32 FIRST MOTION to Dismiss the claims against the New York City Department of Education in their entirety. Document filed by New York City Department of Education. Responses due by 12/4/2018(Thayer, David) |
| Filing 31 LETTER MOTION for Extension of Time to Respond to the Amended Complaint until (1) plaintiff notifies the Court of his position as to the status of this action and (2) in the event that plaintiff intends to pursue this action, 60 days after plaintiff notifies the Court of his intent and effects proper service of the Amended Complaint. addressed to Judge Deborah A. Batts from AAG Monica Connell, attorney for defendant New York State Department of Education ("NYSED") dated November 20, 2018. Document filed by New York State Education Department.(Connell, Monica) |
| Filing 30 NOTICE OF APPEARANCE by Monica Anne Connell on behalf of New York State Education Department. (Connell, Monica) |
| Minute Entry for proceedings held before Judge Deborah A. Batts: Show Cause Hearing held on 11/1/2018. The request is DENIED. Parties were informed of their right to appeal. See Transcript. (Court Reporter Kristen Carannante) (kwi) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to New York State Education Department. (pc) |
| Filing 28 NOTICE OF APPEARANCE by Moshe Indig on behalf of Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). (Indig, Moshe) |
| Filing 27 NOTICE OF APPEARANCE by Moshe Indig on behalf of Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). (Indig, Moshe) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #7 Amended Complaint,. Document filed by Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). (Indig, Moshe) |
| ***DELETED DOCUMENT. Deleted document number 24 Electronic Summons Issued in Error. The document was incorrectly filed in this case. (pne) |
| Filing 25 FIRST LETTER addressed to Judge Deborah A. Batts from Karl Ashanti, Esq. of Brain Injury Rights Group, Attorneys for Plaintiffs dated 10/30/2018 re: Question of Mootness of Preliminary Injunction Hearing. Document filed by Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually).(Indig, Moshe) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (pc) |
| Filing 22 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #7 Amended Complaint,. Document filed by Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). (Indig, Moshe) Modified on 11/1/2018 (pne). |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #7 Amended Complaint,. Document filed by Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). (Indig, Moshe) |
| Filing 20 NOTICE OF APPEARANCE by David Sumner Thayer on behalf of New York City Department of Education. (Thayer, David) |
| Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/15/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 18 TRANSCRIPT of Proceedings re: conference held on 10/15/2018 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/24/2019.(McGuirk, Kelly) |
| Filing 17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/12/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 16 TRANSCRIPT of Proceedings re: conference held on 10/12/2018 before Judge Paul A. Crotty. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/24/2019.(McGuirk, Kelly) |
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Filing 15
ORDER: Accordingly, this Court ORDERS Plaintiff to explain, by letter to the Court, why the issues before the Court are not moot. This letter must be received in Chambers no later than October 30, 2018. SO ORDERED. (Signed by Judge Deborah A. Batts on 10/25/2018) (rro)
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Filing 14
DECLARATION of David S. Thayer in Opposition re: #5 FIRST MOTION for Temporary Restraining Order to enjoin impartial hearing in IHO Case No. 175162 from occurring on October 16, 2018.. Document filed by New York City Department of Education. (Attachments: #1 Exhibit Ver. Am. Compl. as served on NYC Law Dep't, #2 Exhibit Order to Show Cause as served on NYC Law Dep't, #3 Exhibit Aff Endorsed by Judge Crotty, #4 Exhibit Portion of transcript re sec. 1983, #5 Exhibit Portion of transcript re Judge Castel's decision)(Thayer, David)
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| Filing 13 NOTICE OF APPEARANCE by James Brennan Cooney on behalf of New York State Education Department. (Cooney, James) |
| Filing 12 DECLARATION of Joseph Rivera, Jr. in Opposition re: #5 FIRST MOTION for Temporary Restraining Order to enjoin impartial hearing in IHO Case No. 175162 from occurring on October 16, 2018.. Document filed by New York City Department of Education. (Thayer, David) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #5 FIRST MOTION for Temporary Restraining Order to enjoin impartial hearing in IHO Case No. 175162 from occurring on October 16, 2018. and in opposition to Plaintiffs' request for a preliminary injunction. Document filed by New York City Department of Education. (Thayer, David) |
| Filing 10 MEMORANDUM OF LAW in Opposition re: #5 FIRST MOTION for Temporary Restraining Order to enjoin impartial hearing in IHO Case No. 175162 from occurring on October 16, 2018. . Document filed by New York State Education Department. (Cooney, James) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Moshe Indig for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (pc) |
| Filing 9 NOTICE OF CHANGE OF ADDRESS by Moshe Indig on behalf of Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). New Address: Brain Injury Rights Group, 50 West 97th Street, Suite 1E, New York, NY, 10025, (917) 376-8422. (Indig, Moshe) |
| Filing 8 NOTICE OF CHANGE OF ADDRESS by Moshe Indig on behalf of Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). New Address: Brain Injury Rights Group, 50 West 97th Street, Suite 1E, New York, NY, 10025, (917) 376-8422. (Indig, Moshe) |
| Filing 7 FIRST AMENDED COMPLAINT amending 1 Complaint, #4 Amended Complaint, against New York City Department of Education, New York State Education Department.Document filed by Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). Related document: 1 Complaint, #4 Amended Complaint,. (Attachments: #1 Exhibit Exhibits to Verified Amended Complaint)(Indig, Moshe) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Patrick Donohue added. Party added pursuant to #4 Amended Complaint,.Document filed by Patrick Donohue. Related document: #4 Amended Complaint,.(Indig, Moshe) |
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Filing 6
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Patrick Donohue. Defendants shall show cause as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the impartial hearing in IHO Case No. 175162 from occurring on October 16, 2018. Show Cause Hearing set for 11/1/2018 at 10:30 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. ORDERED that personal service of a copy of this order and annexed affidavit upon the Defendants or their counsel on or before noon on October 17, 2018. Answering papers, if any, to be served no later than October 22, 2018 at 5 pm. (Signed by Judge P. Kevin Castel, PART I, on 10/15/2018) (jwh) Modified on 10/16/2018 (jwh).
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Moshe Indig to RE-FILE re: Document No. #4 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add Patrick Donohue to CM ECF with the party text "individually". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 5 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #6 ORDER) - FIRST MOTION for Temporary Restraining Order to enjoin impartial hearing in IHO Case No. 175162 from occurring on October 16, 2018. Document filed by Patrick Donohue. (Attachments: #1 Affidavit Affirmation in Support of Order to Show Cause (with attached exhibits), #2 Affidavit Affirmation in Support of Order to Show Cause (with attached exhibits))(Indig, Moshe) Modified on 11/27/2018 (db). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending 1 Complaint against Patrick Donohue, New York State Education Department.Document filed by Patrick Donohue. Related document: 1 Complaint. (Attachments: #1 Exhibit Exhibits to Verified Amended Complaint)(Indig, Moshe) Modified on 10/16/2018 (pc). |
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Filing 3
ORDER. Petitioner's motion for preliminary injunction and temporary restraining order is DENIED. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/15/18) (yv)
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| Filing 2 CIVIL COVER SHEET filed. (jgo) |
| Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 400.00, Receipt Number 465401220371)Document filed by Patrick Donohue.(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
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