Cohen et al v. New York City Department of Education
| Linda Cohen and Rolando Cohen |
| New York City Department of Education |
| 1:2018cv11100 |
| November 28, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Education |
| 42 U.S.C. § 1983 dp |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2019. A more recent docket listing may be available from PACER.
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Filing 20
ORDER denying #17 Motion for Reargument. The deadline for such a motion in this case "fourteen (14) days after the entry of the Court's determination of the original motion" fell on December 26, 2018. Plaintiffs' motion for reconsideration is therefore patently untimely, and is DENIED on that basis. In any event, and as the Plaintiffs themselves recognize, they have the right to appeal the SRO's adverse decision to a court of competent jurisdiction. See Docket No. 18, at 6-7; 20 U.S.C. 1415(i). That, and not a motion for reconsideration, is the appropriate avenue for relief at this point. The Clerk of Court is directed to terminate Docket No. 17. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/2019) (ne)
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| Filing 19 AFFIRMATION of Karl Ashanti in Support re: #17 FIRST MOTION for Reargument re: #16 Memorandum & Opinion,, .. Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Attachments: #1 Exhibit Exhibits A to F)(Gerstein, Ralph) |
| Filing 18 FIRST MEMORANDUM OF LAW in Support re: #17 FIRST MOTION for Reargument re: #16 Memorandum & Opinion,, . . Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Gerstein, Ralph) |
| Filing 17 FIRST MOTION for Reargument re: #16 Memorandum & Opinion,, . Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually).(Gerstein, Ralph) |
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Filing 16
MEMORANDUM OPINION AND ORDER re: #7 FIRST MOTION for Temporary Restraining Order requiring the New York City Department of Education to implement Impartial Hearing Officer Elizabeth Hills pendency order issued in Impartial Hearing Case No. 175172, dated October 3, 2018 filed by Linda Cohen, Rolando Cohen. For those reasons, the case is DISMISSED for lack of jurisdiction. The Clerk of Court is directed to terminate Docket No. 7 and close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/12/2018) (ne)
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| Filing 15 FIRST MEMORANDUM OF LAW in Support re: #7 FIRST MOTION for Temporary Restraining Order requiring the New York City Department of Education to implement Impartial Hearing Officer Elizabeth Hills pendency order issued in Impartial Hearing Case No. 175172, dated October 3, 2018. . Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Attachments: #1 Exhibit Exhibit E - Email regarding implementation of OP)(Indig, Moshe) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons served on New York City Department of Education on 12/07/2018. Service was accepted by Ariton Marke, Employee at New York City Law Department Service of Papers/Process. Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Indig, Moshe) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (pc) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Indig, Moshe) |
| Filing 11 DECLARATION of Hae Jin Liu in Opposition re: #7 FIRST MOTION for Temporary Restraining Order requiring the New York City Department of Education to implement Impartial Hearing Officer Elizabeth Hills pendency order issued in Impartial Hearing Case No. 175172, dated October 3, 2018.. Document filed by New York City Department of Education. (Thayer, David) |
| Filing 10 MEMORANDUM OF LAW in Opposition re: #7 FIRST MOTION for Temporary Restraining Order requiring the New York City Department of Education to implement Impartial Hearing Officer Elizabeth Hills pendency order issued in Impartial Hearing Case No. 175172, dated October 3, 2018. . Document filed by New York City Department of Education. (Thayer, David) |
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Filing 9
ORDER with respect to #7 Motion for TRO. Paragraph 8 of the iBRAIN Enrollment Contract (Docket No. 8-1, Ex. A, at 7) provides that "[i]n the event Parent is required to file a complaint against the local school district for funding, the tuition payment obligations... will be suspended until a final determination/decision is issued by an administrative judge or appellate court, and then all monies then-due will become immediately due within thirty (30) days of the final adjudication." By its terms, that provision would seem to mean that no payment is due to iBRAIN (and that the student can remain enrolled there) pending a resolution of the due process proceedings writ large, not merely a resolution of whether Defendant is required to pay tuition while those proceedings are pending. In their opposition and reply briefing, the parties should address whether and how this provision affects Plaintiffs' entitlement to preliminary injunctive relief - including but not limited to whether, in light of the provision, Plaintiffs can show that they would suffer harm, let alone irreparable harm, in the absence of injunctive relief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 8 AFFIRMATION of Karl Ashanti in Support re: #7 FIRST MOTION for Temporary Restraining Order requiring the New York City Department of Education to implement Impartial Hearing Officer Elizabeth Hills pendency order issued in Impartial Hearing Case No. 175172, dated October 3, 2018.. Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Attachments: #1 Exhibits A-D to Ashanti Supplemental Affirmation)(Indig, Moshe) |
| Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Temporary Restraining Order requiring the New York City Department of Education to implement Impartial Hearing Officer Elizabeth Hills pendency order issued in Impartial Hearing Case No. 175172, dated October 3, 2018. Document filed by Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Attachments: #1 Exhibit A-D to Ashanti Affirmation, #2 Supplement Memorandum of Law in Support of Order to Show Cause for Temporary Restraining Order and Preliminary Injunction, #3 Text of Proposed Order)(Indig, Moshe) Modified on 1/3/2019 (db). |
| Filing 6 NOTICE OF APPEARANCE by Moshe Indig on behalf of Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Indig, Moshe) |
| Filing 5 NOTICE OF APPEARANCE by Moshe Indig on behalf of Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Indig, Moshe) |
| Filing 4 NOTICE OF APPEARANCE by Moshe Indig on behalf of Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(on behalf of M.C.), Rolando Cohen(individually). (Indig, Moshe) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held on 11/29/2018. Moshe Indig, Ralph Gerstein and Karl Ashanti present for Plaintiffs. David Thayer, Hae Jin Liu and Janice Birnbaum present for Defendant. Court Reporter present. (ab) |
| Filing 3 NOTICE OF APPEARANCE by David Sumner Thayer on behalf of New York City Department of Education. (Thayer, David) |
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Filing 2
ORDER: As discussed on the record at today's hearing, Plaintiffs shall submit a supplemental affidavit by tomorrow addressing (1) whether and when any invoices were presented to Defendant for payment of the child's tuition or other services; (2) any communications by Defendant regarding its willingness to pay for the child's tuition or services, or otherwise comply with the October 3, 2018 decision of the IHO; and (3) any impending payments that Plaintiffs will incur before December 31, 2018. Defendant shall file any opposition to Plaintiffs' motion by December 4, 2018. Plaintiffs shall file any reply by December 7, 2018. In their submissions, the parties should indicate when they believe the State Review Officer will rule on Defendant's appeal and the basis for that belief. Finally, Plaintiffs shall promptly file the papers they filed in support of their motion for a temporary restraining order and preliminary injunction, redacted in accordance with Fed. R. Civ. P. 5.2. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/29/2018) (Text Only Order) (Furman, Jesse)
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| Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 400.00, Receipt Number ANYSDC-15972800)Document filed by Rolando Cohen(on behalf of M.C.), Linda Cohen(individually), Linda Cohen(on behalf of M.C.), Rolando Cohen(individually).(Indig, Moshe) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Moshe Indig. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| Case Designated ECF. (pc) |
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