Mizuta et al v. New York City Department of Education et al
| Nahoko Mizuta and Kentaro Mizuta |
| New York State Education Department, New York City Department of Education and Dora M. Lassinger |
| 1:2019cv00537 |
| January 18, 2019 |
| US District Court for the Southern District of New York |
| Deborah A Batts |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 32 LETTER addressed to Judge Deborah A. Batts from David S. Thayer dated 03/18/2019 re: Plaintiffs' March 18, 2019 letter application regarding DOE's opposition to their proposed order to show cause. Document filed by New York City Department of Education.(Thayer, David) |
| Filing 31 LETTER addressed to Judge Deborah A. Batts from Peter G. Albert dated 3/18/19 re: Pending Application for an Order to Show Cause. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.).(Albert, Peter) |
Filing 30
NOTICE OF INITIAL CONFERENCE: Counsel for all parties are directed to appear for an initial pre-trial conference in accordance with Federal Rule of Civil Procedure 16 on Thursday, May 2, 2019 at 3:00 pm in Courtroom 24B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Counsel are directed to familiarize themselves with the Southern District of New York Local Rules and Electronic Court Filing Rules and Instructions, and this Courts Individual Rules of Practice. Pursuant to the Individual Rules, two courtesy copies of all pleadings must be submitted to Chambers. SO ORDERED. (Initial Conference set for 5/2/2019 at 03:00 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 3/15/2019) (rro)
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| Filing 29 ANSWER to #23 Amended Complaint,. Document filed by New York City Department of Education.(Thayer, David) |
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Filing 28
ORDER denying #26 Letter Motion for Conference ; terminating #19 Letter Motion for Conference. DENIED. The request contained in Docket No. 19 is also DENIED. The Clerk is directed to close the open gavels in Docket Nos. 19, 24, and 26. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/6/2019) (rro)
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Filing 27
ORDER denying #24 Letter Motion for Conference. DENIED. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/6/2019) (rro)
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| Filing 26 LETTER MOTION for Conference Plaintiff's FRCP 65 Application addressed to Judge Deborah A. Batts from Peter G. Albert dated 3/6/19. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.). Return Date set for 3/6/2019 at 03:00 PM.(Albert, Peter) |
| Filing 25 LETTER addressed to Judge Deborah A. Batts from David S. Thayer dated 03/05/2019 re: responding to Plaintiffs' letter-motion, dated March 5, 2019, in which they request that a conference be held tomorrow, March 6, 2019, at 2 pm regarding their proposed order to show cause. Document filed by New York City Department of Education.(Thayer, David) |
| Filing 24 LETTER MOTION for Conference Plaintiff's FRCP 65 Application addressed to Judge Deborah A. Batts from Peter G. Albert dated 3/5/19. Document filed by Kentaro Mizuta(Individually). Return Date set for 3/6/2019 at 03:00 PM.(Albert, Peter) |
| Filing 23 FIRST AMENDED COMPLAINT amending #2 Complaint, against Dora M. Lassinger, New York City Department of Education, New York State Education Department.Document filed by Nahoko Mizuta(Individually), Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). Related document: #2 Complaint,.(Ashanti, Karl) |
| Filing 22 NOTICE OF APPEARANCE by Peter Glenn Albert on behalf of Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Albert, Peter) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer. Defendant's request for a three-week extension is GRANTED. So Ordered. New York City Department of Education answer due 3/6/2019. (Signed by Judge Deborah A. Batts on 2/6/2019) (js)
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| Filing 20 FIRST LETTER MOTION for Extension of Time to File Answer re: #2 Complaint, or otherwise respond to the Complaint addressed to Judge Deborah A. Batts from David S. Thayer dated 02/06/2019. Document filed by New York City Department of Education.(Thayer, David) |
| Filing 19 LETTER MOTION for Conference re: #10 Proposed Order to Show Cause Without Emergency Relief, addressed to Judge Deborah A. Batts from Karl J. Ashanti dated February 1, 2019. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Attachments: #1 Exhibit)(Ashanti, Karl) |
| Filing 18 LETTER addressed to Judge Deborah A. Batts 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) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons served on New York City Department of Education on 1/23/2019. Service was accepted by B. Mazyck, Clerk at Office of NYC Corporation Counsel. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 19-cv-334 and declined by Judge John G. Koeltl and returned to wheel for assignment. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Deborah A. Batts. Judge Unassigned is no longer assigned to the case. (jc) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to New York State Education Department. (jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (jgo) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Dora M. Lassinger. (jgo) |
| Filing 13 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-00334. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.).(Gerstein, Ralph) |
| Filing 12 FIRST MEMORANDUM OF LAW in Support re: #10 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) |
| Filing 11 AFFIRMATION of Karl Ashanti in Support re: #10 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gerstein, Ralph) |
| Filing 10 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) Proposed Order to be reviewed by Clerk's Office staff. |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Complaint,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-16210957, paid on 1/18/2019. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Ralph Gerstein to RE-FILE Document No. #7 Proposed Order. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders, then Re-File the Affirmation and Memorandum in support of the Order to Show Cause. (dt) Modified on 1/22/2019 (dt). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| ***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. (jgo) |
| CASE REFERRED TO Judge John G. Koeltl as possibly related to 19-cv-334. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 9 FIRST MEMORANDUM OF LAW re: #7 Proposed Order, . Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) |
| Filing 8 AFFIRMATION of Karl Ashanti re: #7 Proposed Order, . Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gerstein, Ralph) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). Related Document Number: [19-cv-00334]. (Gerstein, Ralph) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/22/2019 (dt). |
| Filing 6 CIVIL COVER SHEET filed. (Gerstein, Ralph) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Dora M. Lassinger, re: #2 Complaint,. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #2 Complaint,. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #2 Complaint,. Document filed by Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) |
| Filing 2 COMPLAINT against Dora M. Lassinger, New York City Department of Education, New York State Education Department. Document filed by Nahoko Mizuta(Individually), Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.).(Gerstein, Ralph) |
| Filing 1 NOTICE OF APPEARANCE by Ralph M. Gerstein on behalf of Kentaro Mizuta(as parent and natural guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as parent and natural guardian of Y.M.). (Gerstein, Ralph) |
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