Donohue et al v. Lloyd et al
| Patrick Donohue |
| CITY OF NEW YORK, State of New York, New York City Department of Education, New York State Board of Regents, New York State Education Department and Michael Kennedy Lloyd |
| 1:2018cv09712 |
| October 22, 2018 |
| US District Court for the Southern District of New York |
| Deborah A Batts |
| Civil Rights: Americans with Disabilities - Other |
| 29 U.S.C. § 794 |
| None |
Docket Report
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Filing 38
MEMO ENDORSEMENT on re: #37 Letter, filed by Michael Kennedy Lloyd. ENDORSEMENT: GRANTED. SO ORDERED. (Michael Kennedy Lloyd answer due 1/11/2019.) (Signed by Judge Deborah A. Batts on 12/14/2018) (rro)
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| Filing 37 LETTER addressed to Judge Deborah A. Batts from Michael Kennedy Lloyd dated 12/11/18 re: Defendant Michael Kennedy Lloyd requests that the Court grant an extension of time, until 1/11/19, to answer the Complaint in this matter, so that he may locate counsel to represent him in this action. Document filed by Michael Kennedy Lloyd.(sc) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #29 FIRST MOTION to Dismiss the claims against the City of New York and the New York City Department of Education in their entirety. . Document filed by City of New York, New York City Department of Education. (Thayer, David) |
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Filing 35
ORDER granting #28 Letter Motion for Extension of Time. Extension GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/6/2018) (rro)
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| Set/Reset Deadlines: New York State Board of Regents answer due 1/11/2019; New York State Education Department answer due 1/11/2019; State of New York answer due 1/11/2019. (rro) |
| Filing 34 NOTICE OF APPEARANCE by Clement John Colucci, III on behalf of New York State Board of Regents, New York State Education Department, State of New York. (Colucci, Clement) |
| Filing 33 FIRST MEMORANDUM OF LAW in Opposition re: #29 FIRST MOTION to Dismiss the claims against the City of New York and the New York City Department of Education in their entirety. . Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 32 LETTER RESPONSE to Motion addressed to Judge Deborah A. Batts from Ralph Gerstein, Esq. of Brain Injury Rights Group, Attorneys for Plaintiffs dated December 4, 2018 re: #28 FIRST LETTER MOTION for Extension of Time for the State Defendants to Respond to the Complaint, addressed to Judge Deborah A. Batts from AAG Monica Connell, attorney for the State Defendants dated November 20, 2018. . Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 31 AFFIDAVIT OF SERVICE of Summons served on Michael Kennedy Lloyd on 11/30/2018. Service was accepted by Michael Kennedy Lloyd. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 FIRST MOTION to Dismiss the claims against the City of New York and the New York City Department of Education in their entirety. . Document filed by City of New York, New York City Department of Education. (Thayer, David) |
| Filing 29 FIRST MOTION to Dismiss the claims against the City of New York and the New York City Department of Education in their entirety. Document filed by City of New York, New York City Department of Education. Responses due by 12/4/2018(Thayer, David) |
| Filing 28 FIRST LETTER MOTION for Extension of Time for the State Defendants to Respond to the Complaint, addressed to Judge Deborah A. Batts from AAG Monica Connell, attorney for the State Defendants dated November 20, 2018. Document filed by New York State Board of Regents, New York State Education Department, State of New York.(Connell, Monica) |
| Filing 27 NOTICE OF APPEARANCE by Monica Anne Connell on behalf of New York State Board of Regents, New York State Education Department, State of New York. (Connell, Monica) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons served on New York State Education Department on 10/31/2018; 11/19/2018. Service was accepted by Jose Camacho, In the office of Regent Luis O. Reyes. Service was made by Mail. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons served on New York State Board of Regents on 10/31/2018; 11/19/2018. Service was accepted by Jose Camacho, In the office of Regent Luis O. Reyes. Service was made by Mail. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons served on State of New York on 10/30/2018. Service was accepted by John Holmes, Office of New York State Attorney General. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons served on New York City Department of Education on 10/30/2018. Service was accepted by B. Mazyck, Clerk at Office of NYC Corporation Counsel. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons served on City of New York on 10/30/2018. Service was accepted by B. Mazyck, Clerk at Office of NYC Corporation Counsel. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| NOTICE OF CASE REASSIGNMENT to Judge Deborah A. Batts. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-09364-DAB. Notice of Assignment to follow. (wb) |
| 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. (wb) |
| Filing 21 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-9364 (DAB). Document filed by City of New York, New York City Department of Education.(Thayer, David) |
| Filing 20 NOTICE OF APPEARANCE by David Sumner Thayer on behalf of City of New York, New York City Department of Education. (Thayer, David) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Michael Kennedy Lloyd. (sj) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to City of New York. (sj) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to New York State Board of Regents. (sj) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to New York State Education Department. (sj) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to State of New York. (sj) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to State of New York, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Board of Regents, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Kennedy Lloyd, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.), Patrick Donohue(individually). (Gerstein, Ralph) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ralph M. Gerstein to RE-FILE Document No. #7 Request for Issuance of Summons, #4 Request for Issuance of Summons, #8 Request for Issuance of Summons, #6 Request for Issuance of Amended Summons, Request for Issuance of Summons, #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): #6 Request for Issuance of Amended Summons - the wrong event type was used to file the request for issuance of summons; this is not an Amended Summons. 'C/o' Error; 'c/o' or 'via' must be included before second party name (for example: Michael Kennedy Lloyd c/o Impartial Hearing Office). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Board of Regents, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.). (Gerstein, Ralph) Modified on 10/29/2018 (dnh). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.). (Gerstein, Ralph) Modified on 10/29/2018 (dnh). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to STATE OF NEW YORK, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.)., REQUEST FOR ISSUANCE OF SUMMONS as to STATE OF NEW YORK, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.). (Gerstein, Ralph) Modified on 10/29/2018 (dnh). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.). (Gerstein, Ralph) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.). (Gerstein, Ralph) Modified on 10/29/2018 (dnh). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Kennedy Lloyd, re: #1 Complaint,. Document filed by Patrick Donohue(as Parent and Natural Guardian of S.J.D.). (Gerstein, Ralph) Modified on 10/29/2018 (dnh). |
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Filing 2
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that counsel for all parties appear for an initial status conference on January 10, 2019 at 2:00 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York. So Ordered. Initial Conference set for 1/10/2019 at 2:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 10/23/2018) (js)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ralph M. Gerstein. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:0754; Dollar Demand 10,000,000,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:0794; the Dollar Demand has been modified to 9,999,000; the Fee Status code has been modified to pd (paid). (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ralph M. Gerstein. The party information for the following party/parties has been modified: City of New York. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Ralph M. Gerstein. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Deborah A. Batts as possibly related to 1:18cv9364. (sj) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Ralph M. Gerstein, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Filing 1 COMPLAINT against CITY OF NEW YORK, Michael Kennedy Lloyd, New York City Department of Education, New York State Board of Regents, New York State Education Department, State of New York. (Filing Fee $ 400.00, Receipt Number BNYSDC-15790222)Document filed by Patrick Donohue(on behalf of S.J.D.), Patrick Donohue(individually). (Attachments: #1 Affidavit Verification of Complaint, #2 Civil Cover Sheet Complete Civil Cover Sheet)(Gerstein, Ralph) |
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