Erde et al v. Carranza et al
| Susanne Erde and Michael Erde |
| Richard Carranza, New York City Department Of Education ("DOE"), New York State Education Department and New York City Department of Education |
| 1:2019cv08401 |
| September 10, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Education |
| 20 U.S.C. § 1415 |
| None |
Docket Report
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| Document Text |
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| Filing 31 LETTER MOTION for Conference in connection with the DOE Defendants anticipated motion to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) addressed to Judge Katherine Polk Failla from Philip S. Frank dated November 8, 2019. Document filed by Richard Carranza, New York City Department of Education.(Frank, Philip) |
| Filing 30 AFFIDAVIT OF SERVICE. New York State Education Department served on 10/30/2019, answer due 11/20/2019. Service was accepted by Jonathan Burman. Document filed by Susanne Erde(as Parent and Natural Guardian of J.E.); Michael Erde(individually); Michael Erde(as Parent and Natural Guardian of J.E.); Susanne Erde(individually). (Albert, Peter) |
| Filing 29 LETTER addressed to Judge Katherine Polk Failla from Karl J. Ashanti dated 10/25/2019 re: recent Decision and Order of Judge Ramos in 19-CV-2928. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Attachments: #1 Exhibit A)(Ashanti, Karl) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and Complaint,. Richard Carranza served on 10/7/2019, answer due 10/29/2019. Service was accepted by B. Mazyck. Document filed by Susanne Erde(as Parent and Natural Guardian of J.E.); Michael Erde(individually); Michael Erde(as Parent and Natural Guardian of J.E.); Susanne Erde(individually). (Albert, Peter) |
| Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint,. New York City Department of Education served on 10/7/2019, answer due 10/29/2019. Service was accepted by B. Mazyck. Document filed by Susanne Erde(as Parent and Natural Guardian of J.E.); Michael Erde(individually); Michael Erde(as Parent and Natural Guardian of J.E.); Susanne Erde(individually). (Albert, Peter) |
Filing 26
ORDER granting #21 LETTER MOTION for Extension of Time to File Answer and respectfully requesting that pursuant to Local Civil Rule 1.6, this case and the related one be assigned to Judge Failla in order to avoid unnecessary duplication of judicial effort. Application GRANTED. Defendants shall file their response to Plaintiff's complaint on or before October 29, 2019. SO ORDERED. Richard Carranza answer due 10/29/2019; New York City Department of Education answer due 10/29/2019; New York State Education Department answer due 10/29/2019. (Signed by Judge Katherine Polk Failla on 10/23/2019) (jca)
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Filing 25
ORDER denying #22 Letter Motion to Stay. Defendants' application to stay this proceeding pending a resolution of the pending motion for reconsideration in the related matter of Erde, et al. v. New York City Department of Education, 19 Civ. 2946 (KPF), and a resolution of any appeals which may be filed in that matter is DENIED. Although the matters are related, Plaintiff seeks distinct relief in each, and the Court will not exercise its inherent power to stay this matter at this time. Defendants' application for an extension of time to file opposition papers to Plaintiff's motion for a preliminary injunction is GRANTED. Defendants shall file their opposition papers on or before December 6, 2019, and Plaintiff shall file its reply papers, if any, on or before December 20, 2019. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/23/2019) (jca)
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| Set/Reset Deadlines: Responses due by 12/6/2019, Replies due by 12/20/2019. (jca) |
| ***DELETED DOCUMENT. Deleted document number #25 Order. The document was incorrectly filed in this case. (jca) |
| Filing 24 LETTER addressed to Judge Katherine Polk Failla from Peter G. Albert dated 10/23/2019 re: Defendants' Letter Motion Requesting Stay. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually).(Albert, Peter) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge John G. Koeltl is no longer assigned to the case. (wb) |
| Magistrate Judge James L. Cott is so redesignated. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-02946-KPF. Notice of Assignment to follow. (wb) |
| Filing 23 AFFIDAVIT OF SERVICE of Order to Show Cause for Preliminary Injunction and Supporting Documents served on Philip S. Frank on 10/22/2019. Service was made by MAIL. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Albert, Peter) |
| Filing 22 LETTER MOTION to Stay addressed to Judge John G. Koeltl from Philip S. Frank dated October 21, 2019. Document filed by Richard Carranza, New York City Department of Education.(Frank, Philip) |
| Filing 21 LETTER MOTION for Extension of Time to File Answer and respectfully requesting that pursuant to Local Civil Rule 1.6, this case and the related one be assigned to Judge Failla in order to avoid unnecessary duplication of judicial effort addressed to Judge John G. Koeltl from Philip S. Frank dated October 15, 2019. Document filed by Richard Carranza, New York City Department of Education. (Attachments: #1 Exhibit A - transcript of the oral decision of the Honorable Katherine Polk Failla dated August 23, 2019, denying Plaintiffs motion for a preliminary injunction in S.E., et al. v. New York City Department of Education, 19-CV-2946 (KPF))(Frank, Philip) |
| Filing 20 LETTER addressed to Judge John G. Koeltl from Karl J. Ashanti, Esq. dated October 15, 2019 re: Briefing Schedule. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually).(Ashanti, Karl) |
| Filing 19 NOTICE OF APPEARANCE by Karl Joseph Ashanti on behalf of Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Ashanti, Karl) |
| Filing 18 NOTICE OF APPEARANCE by Peter Glenn Albert on behalf of Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Albert, Peter) |
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Filing 17
ORDER: A motion for preliminary injunction has been filed. The defendants shall respond to the motion by October 22, 2019. The plaintiff shall file a reply by November 5, 2019. Counsel for the plaintiff shall serve the defendants a copy of the motion, immediately upon receipt, and shall file proof of serve by October 22, 2019. Argument is scheduled for November 15, 2019, at 2:30pm. SO ORDERED. (Signed by Judge John G. Koeltl on 10/2/2019) ( Responses due by 10/22/2019, Replies due by 11/5/2019., Oral Argument set for 11/15/2019 at 02:30 PM before Judge John G. Koeltl.) (ks)
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| Filing 16 ELECTRONIC SUMMONS ISSUED as to New York State Education Department. (dnh) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (dnh) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Richard Carranza. (dnh) |
| Filing 13 DECLARATION of Peter G. Albert in Support re: #12 Memorandum of Law in Support,. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Albert, Peter) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 Proposed Order to Show Cause Without Emergency Relief, Order to Show Cause for Preliminary Injunction. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Albert, Peter) |
| Filing 11 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Albert, Peter) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #6 Complaint,. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Albert, Peter) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #6 Complaint,. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Albert, Peter) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #6 Complaint,. Document filed by Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually). (Albert, Peter) |
| Filing 7 CIVIL COVER SHEET filed. (Albert, Peter) |
| Filing 6 COMPLAINT against Richard Carranza, New York City Department of Education, New York State Education Department. Document filed by Susanne Erde(as Parent and Natural Guardian of J.E.), Michael Erde(individually), Michael Erde(as Parent and Natural Guardian of J.E.), Susanne Erde(individually).(Albert, Peter) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #11 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter Glenn Albert. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Peter Glenn Albert to RE-FILE Document No. #5 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the filers were not selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Glenn Albert. The party information for the following party/parties has been modified: Susanne Erde; Susanne Erde; Michael Erde; Michael Erde; Richard Carranza; New York City 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;. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael EERde to RE-FILE Document #3 Memorandum of Law in Support of Motion. Use the event type Memoerandum of Law in Support of a Non-Motion found under the event list Other Answers. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Erde to RE-FILE Document #4 Declaration in Support of Motion. Use the event type Declaration in Support of a Non-Motion found under the event list Other Answers. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Erde to RE-FILE Document #2 MOTION for Preliminary Injunction .. Use the event type Order to Show Cause (Without Emergency Relief) found under the event list Proposed Orders. (dt) |
| Filing 5 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Corley, Allison) Modified on 9/11/2019 (jgo). |
| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Peter G. Albert in Support re: #2 MOTION for Preliminary Injunction .. Document filed by Michael Erde, Susanne Erde. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Albert, Peter) Modified on 9/11/2019 (dt). |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #2 MOTION for Preliminary Injunction . . Document filed by Michael Erde, Susanne Erde. (Albert, Peter) Modified on 9/11/2019 (dt). |
| Filing 2 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Preliminary Injunction . Document filed by Michael Erde, Susanne Erde.(Albert, Peter) Modified on 9/11/2019 (dt). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Richard Carranza, New York City Department Of Education ("DOE"), New York State Education Department. (Filing Fee $ 400.00, Receipt Number ANYSDC-17574809)Document filed by Susanne Erde, Michael Erde.(Albert, Peter) Modified on 9/11/2019 (jgo). |
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