Abrams et al v. Carranza et al
| Elizabeth Abrams and Dore Abrams |
| Richard Carranza and New York City Department of Education |
| 1:2019cv04175 |
| May 8, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.
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Filing 36
ORDER terminating #23 Letter Motion to Stay. The Clerk of the Court is respectfully directed to clear Dkt. No. 23 in the above-captioned case, which was resolved by Dkt. No. 26. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/1/2019) (kv)
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Filing 35
ANSWER to #1 Complaint,. Document filed by Richard Carranza, New York City Department of Education.(Burgess, Emily)
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Filing 34
MEMO ENDORSEMENT on re: #30 Letter filed by Richard Carranza, New York City Department of Education. ENDORSEMENT: SO ORDERED. Motions terminated: #19 MOTION to Dismiss . filed by Richard Carranza, New York City Department of Education. (Signed by Judge Alison J. Nathan on 6/14/2019) (kv)
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Filing 33
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/22/19 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)
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Filing 32
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/22/2019 before Judge Alison J. Nathan. Court Reporter/Transcriber: Jennifer Thun, (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 7/5/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/11/2019.(McGuirk, Kelly)
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Filing 31
AMENDED MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss . . Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Attachments: #1 Exhibit Exhibit A)(Ashanti, Karl)
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Filing 30
LETTER addressed to Judge Alison J. Nathan from Emily Burgess dated 06/13/19 re: Request for Leave to Withdraw Defendants' Motion to Dismiss. Document filed by Richard Carranza, New York City Department of Education.(Burgess, Emily)
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Filing 29
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #31 Memorandum) - MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss . . Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Attachments: #1 Exhibit Exhibit A)(Ashanti, Karl) Modified on 6/14/2019 (db).
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Filing 28
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, September 13, 2019 at 3:00pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 9/13/2019 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 6/12/2019) (kv)
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Filing 27
LETTER addressed to Judge Alison J. Nathan from Karl J. Ashanti, Esq. dated June 10, 2019 re: Amendment of Pleadings. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ).(Ashanti, Karl)
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Filing 26
OPINION AND ORDER re: #14 FIRST MOTION for Preliminary Injunction . filed by Dore Abrams, Elizabeth Abrams. For the foregoing reasons, the Court GRANTS Plaintiffs' request for a preliminary injunction and it is hereby ORDERED that Defendants shall immediately implement the Order of Pendency of Independent Hearing Officer Schiro in Case No. 175173. This resolves Dkt. No. 14. The Court will schedule an initial pretrial conference by separate order. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/6/2019) (kv)
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Filing 25
LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Emily Burgess dated 06/04/1990 re: #23 FIRST LETTER MOTION to Stay re: #19 MOTION to Dismiss . Pending Resolution of Plaintiffs' Preliminary Injunction Motion addressed to Judge Alison J. Nathan from Karl J. Ashanti, Esq. dated June 3, 2019. . Document filed by Richard Carranza, New York City Department of Education. (Burgess, Emily)
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Minute Entry for proceedings held before Judge Alison J. Nathan on May 22, 2019. Oral argument held on Plaintiffs motion for a preliminary injunction. Decision reserved. See transcript for complete details. (Court Reporter Jennifer Thun) (qs) Modified on 6/7/2019 (qs).
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Filing 24
LETTER addressed to Judge Alison J. Nathan from Karl J. Ashanti, Esq. dated June 3, 2019 re: Response to Defendants' Letter dated June 3, 2019 (ECF No. 22). Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ).(Ashanti, Karl)
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Filing 23
FIRST LETTER MOTION to Stay re: #19 MOTION to Dismiss . Pending Resolution of Plaintiffs' Preliminary Injunction Motion addressed to Judge Alison J. Nathan from Karl J. Ashanti, Esq. dated June 3, 2019. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ).(Ashanti, Karl)
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Filing 22
LETTER addressed to Judge Alison J. Nathan from Emily Burgess dated 06/03/2019 re: Notice of Supplemental Authority. Document filed by Richard Carranza, New York City Department of Education. (Attachments: #1 Exhibit Reconsideration Decision, #2 Exhibit MTD Decision)(Burgess, Emily)
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Filing 21
ORDER: On May 29, 2019, Defendants Richard Carranza and New York City Department of Education filed a motion to dismiss. See Dkt. No. 19. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before June 10, 2019, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendant's May 29 motion to dismiss may well constitute a waiver of the Plaintiffs right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd v. Wells Fargo Sec., LLC., 797 F.3d 160 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/31/2019) (kv)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by Richard Carranza, New York City Department of Education. (Burgess, Emily)
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Filing 19
MOTION to Dismiss . Document filed by Richard Carranza, New York City Department of Education. Responses due by 6/12/2019 Return Date set for 6/21/2019 at 09:30 AM.(Burgess, Emily)
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Filing 18
MEMORANDUM OF LAW in Opposition re: #14 FIRST MOTION for Preliminary Injunction . . Document filed by Richard Carranza, New York City Department of Education. (Burgess, Emily)
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Filing 17
ORDER, As stated on the record at the conference held on May 17, 2019, Defendants' response to Plaintiff's application for an Order to Show Case for a Preliminary Injunction and Temporary Restraining Order shall be due by 6 p.m. on Tuesday, May 21, 2019. The parties shall appear on Plaintiff's application on Wednesday, May 22, 2019 at 4 p.m. SO ORDERED. (Responses due by 5/21/2019, Status Conference set for 5/22/2019 at 04:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/20/2019) (kv)
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Filing 16
FIRST MEMORANDUM OF LAW in Support re: #14 FIRST MOTION for Preliminary Injunction . . Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Ashanti, Karl)
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Filing 15
DECLARATION of Karl Ashanti in Support re: #14 FIRST MOTION for Preliminary Injunction .. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Ashanti, Karl)
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Filing 14
FIRST MOTION for Preliminary Injunction . Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). Return Date set for 5/22/2019 at 04:00 PM.(Ashanti, Karl)
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Filing 13
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Ashanti, Karl) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Karl Ashanti to RE-FILE Document #12 Proposed Order. Use the event type Other Filings, Proposed Orders, Proposed Order to Show Cause Without Emergency Relief. An affidavit in support of the order to show cause also needs to be filed as a separate entry (filed under other answers, affidavit in support of a non-motion). (km)
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Minute Entry for proceedings held before Judge Alison J. Nathan. Conference held on request for an order to show cause. Briefing schedule ordered. TRO hearing to be held on Wednesday, May 22, 2019 at 4:00 p.m. See transcript for complete details.(Court Reporter Tom Murray) (qs)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
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Filing 12
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Ashanti, Karl) Proposed Order to be reviewed by Clerk's Office staff. Modified on 5/20/2019 (km).
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Filing 11
NOTICE OF APPEARANCE by Emily Maria Burgess on behalf of Richard Carranza, New York City Department of Education. (Burgess, Emily)
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NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (wb)
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Magistrate Judge Debra C. Freeman 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)
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CASE DECLINED AS NOT RELATED. Case referred as related to 19-856 and declined by Judge Paul Gardephe and returned to wheel for assignment. (wb)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint served on Richard Carranza on 5/9/2019. Service was accepted by Betty Mazyck, New York City Law Department Service of Papers/Process. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Ashanti, Karl)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint served on New York City Department of Education on 5/9/2019. Service was accepted by Betty Mazyck, New York City Law Department Service of Papers/Process. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Ashanti, Karl)
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Filing 8
NOTICE OF APPEARANCE by Peter Glenn Albert on behalf of Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Albert, Peter)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Richard Carranza. (dnh)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Karl Joseph Ashanti. The party information for the following party/parties has been modified: Richard Carranza. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dnh)
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Case Designated ECF. (dnh)
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CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 1:19-cv-00856-PGG. (dnh)
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Filing 5
STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-CV-856-PGG. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ).(Ashanti, Karl)
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Filing 4
CIVIL COVER SHEET filed. (Ashanti, Karl)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint,. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Ashanti, Karl)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by Dore Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Elizabeth Abrams (Individually ). (Ashanti, Karl)
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Filing 1
COMPLAINT against Richard Carranza, New York City Department of Education. (Filing Fee $ 400.00, Receipt Number ANYSDC-16848277)Document filed by Elizabeth Abrams (As Parent and Natural Guardian of A.A.), Dore Abrams (Individually ), Elizabeth Abrams (Individually ), Dore Abrams (As Parent and Natural Guardian of A.A.).(Ashanti, Karl)
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