Melendez et al v. Carranza et al
| Brenda L. Melendez |
| New York City Department Of Education ("DOE"), New York State Education Department, Chancellor Richard Carranza and New York City Department of Education |
| 1:2019cv08726 |
| September 19, 2019 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Education |
| 20 U.S.C. § 1415 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 39 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 Brenda L. Melendez(as Parent and Natural Guardian of J.C.); Brenda L. Melendez(Individually). (Albert, Peter) |
| Filing 38 MEMO ENDORSEMENT on re: #37 Letter filed by Richard Carranza, New York City Department of Education. ENDORSEMENT: This case is currently stayed. Doc. 33. Accordingly, all accompanying deadlines, including the deadline to respond to the Complaint by November 20, 2019, are stayed. The parties are directed to inform the Court within two weeks of the decision of the IHO in Melendez v. New York City Department of Education, 19 Civ. 2928, so that the stay may be lifted. (Signed by Judge Edgardo Ramos on 10/29/2019) (jwh) |
| Filing 37 LETTER addressed to Judge Edgardo Ramos from Rachel K. Marcoccia dated October 29, 2019 re: Plainitffs' Filings (Dkt. Nos. 35 and 36). Document filed by Richard Carranza, New York City Department of Education.(Marcoccia, Rachel) |
| Filing 36 AFFIDAVIT OF SERVICE of Summons and Complaint. Richard Carranza served on 10/7/2019, answer due 11/20/2019. Service was accepted by B. Mazyck. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.); Brenda L. Melendez(Individually). (Albert, Peter) |
| Filing 35 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department of Education served on 10/7/2019, answer due 11/20/2019. Service was accepted by B. Mazyck. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.); Brenda L. Melendez(Individually). (Albert, Peter) |
Filing 34
INITIAL CASE MANAGEMENT CONFERENCE ORDER: In light of the Order Staying this matter filed on October 23, 2019 (doc. no 33) and the Initial Case Management Conference currently scheduled for Thursday, November 21, 2019 at 9:45 a.m. is hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/24/2019) (ks)
|
|
Filing 33
ORDER: Given the similarity between the two cases and that the administrative proceeding in Melendez I may be dispositive of the claims in this action, the Court GRANTS the City Defendants' request to stay the case. Finally, this matter was referred in September for General Pretrial to Judge Freeman and was then reassigned to Judge Parker. Judge Parker set an initial conference for November 21, 2019 at 9:45 AM. Doc. 27. Effective immediately, that referral is withdrawn, and the initial conference is cancelled. All correspondence in this case shall be addressed to Judge Edgardo Ramos. The Clerk of Court is respectfully directed to vacate the designation of Judge Parker. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/23/2019) (kv)
|
|
Filing 32
ORDER denying as moot #25 Letter Motion to Stay. Because of the Hon. Edgardo Ramos' Opinion and Order regarding Defendants' motion for injunctive relief (19-cv-02928, ECF #28) and the recent transfer of the case to Judge Ramos, Defendants' motion is moot except as to Defendants' request for an extension to file an answer. Defendants' deadline to file an answer is extended to November 20, 2019. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/21/2019) (ks)
|
| Set/Reset Deadlines: Richard Carranza answer due 11/20/2019; New York City Department of Education answer due 11/20/2019; New York State Education Department answer due 11/20/2019. (ks) |
| Filing 31 MEMO ENDORSEMENT on re: #30 Letter filed by Richard Carranza, New York City Department of Education. ENDORSEMENT: Plaintiff is directed to respond by Monday, October 21, 2019 at 5:00 PM. (Signed by Judge Edgardo Ramos on 10/18/2019) (rro) |
| Filing 30 LETTER addressed to Judge Edgardo Ramos from Rachel K. Marcoccia dated October 18, 2019 re: the City Defendants' Motion to Stay the Case. Document filed by Richard Carranza, New York City Department of Education.(Marcoccia, Rachel) |
| Filing 29 LETTER addressed to Judge Edgardo Ramos from Karl J. Ashanti, Esq. dated October 18, 2019 re: Briefing Schedule. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually).(Ashanti, Karl) |
| Filing 28 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Karl J. Ashanti, Esq. dated October 17, 2019 re: #25 LETTER MOTION to Stay Case Pending the Resolution of Plaintiff's Application for Injunctive Relief in Related Case (19-cv-2928) addressed to Judge Gregory H. Woods from Rachel K. Marcoccia dated October 16, 2019. . Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Ashanti, Karl) |
|
Filing 27
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 11/21/2019 at 09:45 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 10/17/2019) (ks)
|
| Filing 26 MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause Without Emergency Relief Order to Show Cause for Preliminary Injunction. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Corley, Allison) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-02928-ER. Notice of Assignment to follow. (wb) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Katharine H. Parker. Please note that this is a reassignment of the designation only. (wb) Modified on 10/23/2019 (kv). Modified on 10/23/2019 (kv). Modified on 10/23/2019 (kv). Modified on 10/23/2019 (kv). |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Gregory H. Woods is no longer assigned to the case. (wb) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Katharine H. Parker, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Debra C. Freeman no longer referred to the case. Motions referred to Katharine H. Parker. (wb) Modified on 10/23/2019 (kv). Modified on 10/23/2019 (kv). |
| Filing 25 LETTER MOTION to Stay Case Pending the Resolution of Plaintiff's Application for Injunctive Relief in Related Case (19-cv-2928) addressed to Judge Gregory H. Woods from Rachel K. Marcoccia dated October 16, 2019. Document filed by Richard Carranza, New York City Department of Education.(Marcoccia, Rachel) |
| Filing 24 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-2928 (ER). Document filed by Richard Carranza, New York City Department of Education.(Marcoccia, Rachel) |
|
Filing 23
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order. The executed form should be filed on ECF as a ''Proposed Order," and be described using the "Consent Order" filing event in accordance with ECF Rule 13.18. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/16/2019) (ama)
|
|
Filing 22
MEMO ENDORSEMENT: on re: #21 Letter filed by Brenda L. Melendez. ENDORSEMENT: Plaintiff's request for an order to show cause is denied in part. Plaintiff is directed to present the proposed order to show cause in a manner consistent with the process described in paragraphs 2-8 of appendix A to the Court's individual rules, including, inter alia, filing a memorandum of law in support of the proposed order. The document referred to as a memorandum of law at Dkt. No. 4 is a Complaint. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/16/2019) (ama)
|
| Filing 21 LETTER addressed to Judge Gregory H. Woods from Karl J. Ashanti, Esq. dated October 15, 2019 re: Briefing Schedule. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually).(Ashanti, Karl) |
| Filing 20 NOTICE OF APPEARANCE by Rachel Kathryn Marcoccia on behalf of Richard Carranza, New York City Department of Education. (Marcoccia, Rachel) |
| Filing 19 NOTICE OF APPEARANCE by Karl Joseph Ashanti on behalf of Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Ashanti, Karl) |
| Filing 18 NOTICE OF APPEARANCE by Peter Glenn Albert on behalf of Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Albert, Peter) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (dnh) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to New York State Education Department. (dnh) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Albert, Peter) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Albert, Peter) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Richard Carranza. (dnh) (Main Document 13 replaced on 10/3/2019) (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Allison Lucy Corley to RE-FILE Document No. #12 Request for Issuance of Summons, #11 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 listed on the PDF must be a party of record and must appear exactly as it appears on the pleading caption. 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 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Corley, Allison) Modified on 10/3/2019 (dnh). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Corley, Allison) Modified on 10/3/2019 (dnh). |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Corley, Allison) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Allison Lucy Corley to RE-FILE Document No. #8 Request for Issuance of Summons, #7 Request for Issuance of Summons, #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): Caption Error; the caption on the summons PDF must exactly match the caption on the pleading, do no use abbreviations. If the entire caption does not fit, list the leading party followed by 'et al'. 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 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NYS Education Department, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Albert, Peter) Modified on 9/25/2019 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Department of Education, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Albert, Peter) Modified on 9/25/2019 (dnh). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint. Document filed by Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Brenda L. Melendez(Individually). (Albert, Peter) Modified on 9/25/2019 (dnh). |
|
Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Gregory H. Woods on 9/20/2019) (cf)
|
| 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Allison Lucy Corley. The party information for the following party/parties has been modified: Richard Carranza, Brenda L. Melendez, Brenda L. Melendez, 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Allison Lucy Corley. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Bronx. (pne) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| Filing 5 DECLARATION of Allison L. Corley in Support re: #4 Memorandum of Law in Support. Document filed by Brenda L. Melendez. (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, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Corley, Allison) |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause Without Emergency Relief Order to Show Cause for Preliminary Injunction. Document filed by Brenda L. Melendez. (Corley, Allison) |
| Filing 3 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Brenda L. Melendez. (Corley, Allison) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 2 CIVIL COVER SHEET filed. (Corley, Allison) |
| Filing 1 COMPLAINT against Richard Carranza, New York City Department Of Education ("DOE"), New York State Education Department. (Filing Fee $ 400.00, Receipt Number BNYSDC-17630936)Document filed by Brenda L. Melendez.(Corley, Allison) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
