Fiallos et al v. New York City Department of Education
Plaintiff: Alexandra Fiallos
Defendant: New York City Department of Education
Case Number: 1:2019cv00334
Filed: January 11, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1400
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2019 Filing 26 ANSWER to #1 Complaint. Document filed by New York City Department of Education.(Rauchberg, Andrew)
March 7, 2019 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 3/7/2019. (ca)
March 1, 2019 Filing 25 FIRST REPLY MEMORANDUM OF LAW in Support re: #24 Order on Motion for Extension of Time to File Response/Reply,,, . Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Ashanti, Karl)
February 25, 2019 Opinion or Order Filing 24 ORDER: The plaintiff is directed to submit revised papers in support of the plaintiff's motion for a preliminary injunction by March 1, 2019. The defendant may file its response by March 15, 2019. The plaintiff may reply by March 25, 2019. The Court will hold a hearing on the motion on April 5, 2019 at 11:00am. The parties should note the changed time. The defendant is directed to file its answer to the plaintiff's complaint by March 8, 2019. SO ORDERED. granting #8 Letter Motion for Extension of Time to File Response/Reply re #8 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' application for a preliminary injunction addressed to Judge John G. Koeltl from Andrew J. Rauchberg dated January 24, 2019. (Signed by Judge John G. Koeltl on 2/22/2019) Responses due by 3/15/2019 Replies due by 3/25/2019. (ks)
February 25, 2019 Set/Reset Deadlines: New York City Department of Education answer due 3/8/2019.( Motions due by 3/1/2019.), Set/Reset Deadlines as to ( Motion Hearing set for 4/5/2019 at 11:00 AM before Judge John G. Koeltl.) (ks)
February 22, 2019 Minute Entry for proceedings held before Judge John G. Koeltl: Oral argument on motion for preliminary injunction held on 2/22/2019.(Fletcher, Donnie)
February 14, 2019 Filing 23 NOTICE OF APPEARANCE by Karl Joseph Ashanti on behalf of Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Ashanti, Karl)
February 14, 2019 Filing 22 NOTICE OF APPEARANCE by Peter Glenn Albert on behalf of Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Albert, Peter)
February 13, 2019 Filing 21 FIRST MEMORANDUM OF LAW in Support re: #7 Order,,, Set Motion and R&R Deadlines/Hearings,, . Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Ashanti, Karl)
February 13, 2019 Filing 20 AFFIRMATION of Karl Ashanti in Support re: #7 Order,,, Set Motion and R&R Deadlines/Hearings,,. Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Attachments: #1 Exhibit A-G)(Ashanti, Karl)
February 11, 2019 Filing 19 REPLY re: #18 Letter . Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Ashanti, Karl)
February 8, 2019 Filing 18 LETTER addressed to Judge John G. Koeltl from Andrew J. Rauchberg dated February 8, 2019 re: Plaintiffs' application for a preliminary injunction. Document filed by New York City Department of Education.(Rauchberg, Andrew)
January 31, 2019 Filing 17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/17/19 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)
January 31, 2019 Filing 16 TRANSCRIPT of Proceedings re: conference held on 1/17/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Steven Griffing, (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 2/21/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/1/2019.(McGuirk, Kelly)
January 30, 2019 Filing 15 LETTER addressed to Judge John G. Koeltl from Janice Birnbaum dated January 30, 2019 re: Courtesy copy of letter motion to consolidate. Document filed by New York City Department of Education. (Attachments: #1 Exhibit)(Birnbaum, Janice)
January 29, 2019 Opinion or Order Filing 14 MEMO ENDORSEMENT on re: #10 Letter DOE's Motion for Extension, filed by Alexandra Fiallos. ENDORSEMENT: 1. The extension has already been granted. 2. The suggestion that the submission has been waived is frivolous. The request to deny the opportunity to file an opposition is denied. So Ordered. (Signed by Judge John G. Koeltl on 1/29/19) (yv)
January 29, 2019 Opinion or Order Filing 13 ORDER SCHEDULING TELEPHONE CONFERENCE, This case has been referred to me for settlement purposes (docket no. 12). A telephone conference will be held on Thursday, March 7, 2019 at 4:00 p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. 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. (Telephone Conference set for 3/7/2019 at 04:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/29/19) (yv)
January 29, 2019 Opinion or Order Filing 12 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge John G. Koeltl on 1/28/19) (yv)
January 29, 2019 Opinion or Order Filing 11 ORDER, The time for the defendant to respond to the plaintiff's motion for a preliminary injunction is extended to February 8, 2019. The time for the plaintiff to reply is extended to February 18, 2019. The preliminary injunction hearing is adjourned to February 22, 2019 at 2:30 p.m. SO ORDERED. (Responses due by 2/8/2019, Replies due by 2/18/2019.), Set Deadlines/Hearing as to ( Responses due by 2/8/2019, Replies due by 2/18/2019., Motion Hearing set for 2/22/2019 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 1/28/19) (yv)
January 28, 2019 Filing 10 FIRST LETTER addressed to Judge John G. Koeltl from Karl J. Ashanti dated 1/28/2019 re: DOE's Motion for Extension. Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually).(Ashanti, Karl)
January 24, 2019 Filing 9 DECLARATION of Janice Birnbaum in Support re: #8 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' application for a preliminary injunction addressed to Judge John G. Koeltl from Andrew J. Rauchberg dated January 24, 2019.. Document filed by New York City Department of Education. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rauchberg, Andrew)
January 24, 2019 Filing 8 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' application for a preliminary injunction addressed to Judge John G. Koeltl from Andrew J. Rauchberg dated January 24, 2019. Document filed by New York City Department of Education. (Attachments: #1 Proposed Revised Scheduling Order)(Rauchberg, Andrew)
January 18, 2019 Opinion or Order Filing 7 ORDER, The plaintiff has withdrawn her request for a temporary restraining order. The defendant may respond to the plaintiff's motion for a preliminary injunction by January 25, 2019. The plaintiff may reply by January 28, 2019. The Court will hold a hearing on the motion on January 31, 2019 at 2:30pm. SO ORDERED. Set Deadlines/Hearing as to (Responses due by 1/25/2019, Replies due by 1/28/2019., Motion Hearing set for 1/31/2019 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 1/17/19) (yv)
January 17, 2019 Filing 6 CIVIL COVER SHEET filed. (Gerstein, Ralph)
January 17, 2019 Filing 5 NOTICE OF APPEARANCE by Ralph M. Gerstein on behalf of Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Gerstein, Ralph)
January 16, 2019 Filing 4 AFFIDAVIT OF SERVICE of Summons served on New York City Department of Education on 1/16/2019. Service was accepted by Inez Contreras, Docketing Clerk. Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Gerstein, Ralph)
January 15, 2019 Filing 3 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (jgo)
January 14, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually). (Gerstein, Ralph)
January 14, 2019 ***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. (pne)
January 14, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (pne)
January 14, 2019 Magistrate Judge Katharine H. Parker 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. (pne)
January 14, 2019 Case Designated ECF. (pne)
January 11, 2019 Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 400.00, Receipt Number ANYSDC-16181233)Document filed by Alexandra Fiallos(as parent and natural guardian of L.F.), Alexandra Fiallos(individually).(Gerstein, Ralph)

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Defendant: New York City Department of Education
Represented By: Andrew James Rauchberg
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Plaintiff: Alexandra Fiallos
Represented By: Ralph M. Gerstein
Represented By: Karl Joseph Ashanti
Represented By: Peter Glenn Albert
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