I.C. et al v. New York City Department of Education et al
| A.G. and I.C. |
| NYC Department of Education, NYC Board of Education, Chancellor Richard Carranza, New York City Board Of Education, New York City Department of Education and Richard Carranza |
| 1:2019cv05926 |
| June 24, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Civil Rights: Education |
| 20 U.S.C. § 1415 |
| None |
Docket Report
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This docket was last retrieved on July 26, 2019. A more recent docket listing may be available from PACER.
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File Response/Reply. Granted. The Court is mindful, however, that the parties have stipulated to an extension of I.C.'s services only through August 2019. The Court encourages the parties to be mindful of this deadline and to provide the Court with ample time to consider any motion for an injunction, should plaintiff again seek such motion. SO ORDERED (Signed by Judge Paul A. Engelmayer on 7/26/2019) (ama)
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| Filing 19 LETTER MOTION for Extension of Time to File Response/Reply as to #18 Amended Complaint, addressed to Judge Paul A. Engelmayer from Andrew J. Rauchberg dated July 26, 2019. Document filed by Richard Carranza, New York City Board Of Education, New York City Department of Education.(Rauchberg, Andrew) |
| Set/Reset Deadlines: Richard Carranza answer due 8/28/2019; New York City Board Of Education answer due 8/28/2019; New York City Department of Education answer due 8/28/2019. (ama) |
| Filing 18 FIRST AMENDED COMPLAINT amending #1 Complaint, against Richard Carranza, New York City Board Of Education, New York City Department of Education.Document filed by I.C.(On behalf of herself), A.G., I.C.(On behalf of her child, A.G.). Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hyman, Elisa) |
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Filing 17
ORDER granting #15 Letter Motion to Adjourn Conference. Granted. The hearing currently scheduled for July 10, 2019, is hereby adjourned. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/9/2019) (kv)
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Filing 16
STIPULATION REGARDING PLAINTIFFS' APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. Plaintiffs hereby withdraw their present application for preliminary injunction, without prejudice, and the parties agree that the Temporary Restraining Order signed by the Court will expire by its own terms. 2. Pursuant to the decision of the New York State Education Department's Office of State Review, dated July l, 2019, Defendants agree to fund tuition at Fusion Academy for the Student from July 1, 2019 through the end of August 2019 at a cost of up to $25, 111.00. 3. Through the end of August 2019, Defendants also agree to reimburse I.C. for daily lunch costs in an amount up to $10 per day. 4. Through the end of August 2019, Defendants also agree to provide directly and/or fund one 30 minute session of speech therapy to the Student per week. 5. Payments to Fusion as per paragraph no. 2 are contingent upon Plaintiffs' submission of a signed contract for Fusion, attendance records and an affidavit from Fusion attesting to the outstanding costs of the program. 6. Reimbursement to I.C. for lunch costs as per paragraph no. 3 are contingent upon Plaintiffs' submission of attendance records at Fusion, receipts (if available) and an affidavit concerning lunch costs from I.C. if receipts are not available.(as further set forth in this Order). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/9/2019) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 15 LETTER MOTION to Adjourn Conference and proposed stipulation concerning Plaintiffs' present application for preliminary injunctive relief addressed to Judge Paul A. Engelmayer from Andrew J. Rauchberg dated July 8, 2019. Document filed by Richard Carranza, New York City Board Of Education, New York City Department of Education. (Attachments: #1 Proposed Stipulation)(Rauchberg, Andrew) |
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Filing 14
ORDER TO SHOW CAUSE: Upon the accompanying declaration of Elisa Hyman, Esq., together with the exhibits attached thereto, and upon the memorandum of law submitted herewith, and the Complaint, as well as the exhibits attached thereto, IT IS HEREBY ORDERED, that Defendants show cause before this Court at the United States Courthouse, Southern District of New York, 40 Foley Square, New York, NY 10007, in Room 1305 on July 10, 2019 at 4 o'clock in the p.m. of that day why a PRELIMINARY INJUNCTION should not issue, pursuant to Rule 65 of the Federal Rules of Civil Procedure, pending final disposition of this action, ordering Defendants, their agents, officers, servants, representatives and/or employees; as further set forth herein. IT IS FURTHER ORDERED that any papers in opposition to the application for preliminary injunction shall be served by email on Plaintiffs' counsel and by hand on this Court on or before 5 o'clock p.m. on July 8, 2019, and any reply papers shall be served by hand on Defendants or its counsel and on this Court on or before 9 o'clock a.m. on July 10, 2019. IT IS FURTHER ORDERED that Plaintiffs shall not be required to post security in this matter. Show Cause Hearing set for 7/10/2019 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/28/2019) (mro)
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Filing 13
ORDER granting #9 Letter Motion for Leave to File Document. The Court will permit counsel to file the OTSC for the TRO via ECF as long as counsel concurrently serves defendants with a copy of the TRO, including via email. At the time of such a filing, counsel should propose by letter--preferably jointly--a briefing schedule on the preliminary injunction. Once the Court receives the TRO and this letter, it will set a proposed briefing schedule and schedule a hearing. (Signed by Judge Paul A. Engelmayer on 6/28/2019) (mro)
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| Filing 12 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (pc) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Richard Carranza. (pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to New York City Board Of Education. (pc) |
| Filing 9 LETTER MOTION for Leave to File Order to Show Cause and Motion for a TRO and Request for a Date and Time addressed to Judge Paul A. Engelmayer from Elisa Hyman, Esq. dated June 28, 2019. Document filed by A.G., I.C.(On behalf of herself), I.C.(On behalf of her child, A.G.).(Hyman, Elisa) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Chancellor Richard Carranza in His Official Capacity as Chancellor of the New York City School District, re: #1 Complaint,. Document filed by A.G., I.C.(On behalf of herself), I.C.(On behalf of her child, A.G.). (Hyman, Elisa) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by A.G., I.C.(On behalf of herself), I.C.(On behalf of her child, A.G.). (Hyman, Elisa) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Board of Education, re: #1 Complaint,. Document filed by A.G., I.C.(On behalf of herself), I.C.(On behalf of her child, A.G.). (Hyman, Elisa) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elisa F. Hyman. The party information for the following party/parties has been modified: A.G. ; Chancellor Richard Carranza; NYC Board of Education; NYC Department of Education. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (dnh) |
| 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. (dnh) |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Elisa F. Hyman to RE-FILE Document No. #3 Request for Issuance of Summons, #5 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the defendant names on the PDF and in the 'as to' docket entry must exactly match the party of record. Caption Error; the caption on the summons PDF must exactly match the caption on the pleading. Do not use abbreviations. 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 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Board of Education, re: #1 Complaint,. Document filed by A.G., I.C.(On behalf of herself), I.C.(On behalf of her child, A.G.). (Hyman, Elisa) Modified on 6/25/2019 (dnh). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Chancellor Richard Carranza in his official capacity, re: #1 Complaint,. Document filed by A.G., I.C.(On behalf of herself), I.C.(On behalf of her child, A.G.). (Hyman, Elisa) Modified on 6/25/2019 (dnh). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Department of Education, re: #1 Complaint,. Document filed by A.G., I.C.(On behalf of herself), I.C.(On behalf of her child, A.G.). (Hyman, Elisa) Modified on 6/25/2019 (dnh). |
| Filing 2 CIVIL COVER SHEET filed. (Hyman, Elisa) |
| Filing 1 COMPLAINT against Chancellor Richard Carranza, NYC Board of Education, NYC Department of Education. (Filing Fee $ 400.00, Receipt Number ANYSDC-17132905)Document filed by I.C.(On behalf of herself), A.G., I.C.(On behalf of her child, A.G.). (Attachments: #1 Exhibit A, #2 Exhibit B)(Hyman, Elisa) |
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