Neske et al v. Carranza et al
| Dorothy Neske, Christopher Neske and Christophern Neske |
| Richard Carranza, New York City Department Of Education ("DOE"), New York State Education Department and New York City Department Of Education |
| 1:2019cv08817 |
| September 23, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Education |
| 20 U.S.C. § 1415 |
| None |
Docket Report
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This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 39 JOINT LETTER addressed to Judge Valerie E. Caproni from Rosemary C. Yogiaveetil dated 11/20/2019 re: Schedule for Contemplated Motions Pursuant to Dkt. No 38. Document filed by Richard Carranza, New York City Department Of Education.(Yogiaveetil, Rosemary) |
Filing 38
ORDER terminating #37 LETTER MOTION for Leave to File a Combined Memorandum of Law in Support of Anticipated Cross-Motion and in Opposition to Plaintiffs' Motion for Preliminary Injunction with Proposed Briefing Schedule. Because Plaintiffs are not seeking preliminary relief from the SED, the SED is not required to respond to Plaintiffs' motion. The parties are directed to appear for a status conference at 10:00 A.M. on November 22, 2019, to discuss appropriate next steps. DOE's time to respond to the pending motion and the Complaint are stayed pending the status conference. The parties are directed to submit a joint letter no later than 5:00 P.M. on November 20, 2019, that proposes a consolidated schedule for all anticipated motions and briefing. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/15/2019) (jca)
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| Filing 37 LETTER MOTION for Leave to File a Combined Memorandum of Law in Support of Anticipated Cross-Motion and in Opposition to Plaintiffs' Motion for Preliminary Injunction with Proposed Briefing Schedule addressed to Judge Valerie E. Caproni from Rosemary C. Yogiaveetil dated 11/15/2019. Document filed by Richard Carranza, New York City Department Of Education.(Yogiaveetil, Rosemary) |
| Filing 36 LETTER addressed to Judge Valerie E. Caproni from Karl J. Ashanti, Esq. dated November 15, 2019 re: SED & Plaintiffs' Motion for a Preliminary Injunction. Document filed by Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually).(Ashanti, Karl) |
| Filing 35 MEMO ENDORSEMENT on re: #34 Letter filed by New York State Education Department. ENDORSEMENT: New York State Department of Education's time to answer is extended through December 20, 2019. Counsel are reminded that the Court expects attorneys to extend professional courtesies to one another. No later than the close-of-business on November 15, 2019, Plaintiffs must file a letter on the docket indicating whether they are seeking any preliminary relief against the State. If so, Plaintiffs must explain why it proposed a schedule for the injunction motion before serving the State. (Signed by Judge Valerie E. Caproni on 11/14/2019) (va) |
| Set/Reset Hearings: Status Conference set for 11/22/2019 at 10:00 AM before Judge Valerie E. Caproni. (jca) |
| Filing 34 LETTER addressed to Judge Valerie E. Caproni from Eva L. Dietz dated November 14, 2019 re: Scheduling. Document filed by New York State Education Department.(Dietz, Eva) |
| Filing 33 NOTICE OF APPEARANCE by Eva Lenore Dietz on behalf of New York State Education Department. (Dietz, Eva) |
| Filing 32 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 Dorothy Neske(as Parent and Natural Guardian of AN.); Christophern Neske(individually); Christophern Neske(as Parent and Natural Guardian of AN); Dorothy Neske(Individually). (Albert, Peter) |
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Filing 31
ORDER: IT IS HEREBY ORDERED that Defendants must respond to Plaintiffs' motion for a preliminary injunction on or before November 20, 2019; Plaintiffs' reply shall be due on or before December 4, 2019. Defendants' time to respond to the Complaint remains November 20, 2019. SO ORDERED., 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.( Responses due by 11/20/2019, Replies due by 12/4/2019.) (Signed by Judge Valerie E. Caproni on 10/28/2019) (ama)
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| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-02933-VEC. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge J. Paul Oetken is no longer assigned to the case. (wb) |
| Magistrate Judge Robert W. Lehrburger is so redesignated. (wb) |
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Filing 30
ORDER granting in part and denying in part #24 Letter Motion to Stay; Letter Motion for Extension of Time to Answer. GRANTED IN PART. DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE NOVEMBER 20, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 29 AFFIDAVIT OF SERVICE of Summons and Complaint,. Richard Carranza served on 10/7/2019, answer due 10/28/2019. Service was accepted by B. Mazyck. Document filed by Dorothy Neske(as Parent and Natural Guardian of AN.); Christophern Neske(individually); Christophern Neske(as Parent and Natural Guardian of AN); Dorothy Neske(Individually). (Albert, Peter) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and Complaint,. New York City Department Of Education served on 10/7/2019, answer due 10/28/2019. Service was accepted by B. Mazyck. Document filed by Dorothy Neske(as Parent and Natural Guardian of AN.); Christophern Neske(individually); Christophern Neske(as Parent and Natural Guardian of AN); Dorothy Neske(Individually). (Albert, Peter) |
| Filing 27 LETTER REPLY to Response to Motion addressed to Judge J. Paul Oetken from Rosemary C. Yogiaveetil dated 10/22/2019 re: #24 LETTER MOTION to Stay Case Pending the Resolution of Related Case (19-cv-2933)(VEC) addressed to Judge J. Paul Oetken from Rosemary C. Yogiaveetil dated 10/17/2019. LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint Should the Action Not be Stayed addressed to Judge J. Paul Oetken from Rosemary C. Yogiaveetil dated 10/17/2019. and in Response to Plaintiffs' Letter, dated October 17, 2019, Dkt. No. 25. Document filed by Richard Carranza, New York City Department Of Education. (Yogiaveetil, Rosemary) |
| Filing 26 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Karl J. Ashanti dated 10/21/2019 re: #24 LETTER MOTION to Stay Case Pending the Resolution of Related Case (19-cv-2933)(VEC) addressed to Judge J. Paul Oetken from Rosemary C. Yogiaveetil dated 10/17/2019. LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint Should the Action Not be Stayed addressed to Judge J. Paul Oetken from Rosemary C. Yogiaveetil dated 10/17/2019. . Document filed by Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Albert, Peter) |
| Filing 25 LETTER addressed to Judge J. Paul Oetken from Karl J. Ashanti dated 10/17/2019 re: Opposition to Relatedness Statement Filed By Defendants. Document filed by Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually).(Ashanti, Karl) |
| Filing 24 LETTER MOTION to Stay Case Pending the Resolution of Related Case (19-cv-2933)(VEC) addressed to Judge J. Paul Oetken from Rosemary C. Yogiaveetil dated 10/17/2019., LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint Should the Action Not be Stayed addressed to Judge J. Paul Oetken from Rosemary C. Yogiaveetil dated 10/17/2019. Document filed by Richard Carranza, New York City Department Of Education.(Yogiaveetil, Rosemary) |
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Filing 23
ORDER: This action was filed on September 23, 2019. (Dkt. No. 1.) On October 15, 2019, Plaintiffs filed a letter requesting that this Court issue an order setting a briefing schedule on Plaintiffs motion for a preliminary injunction. (Dkt. No. 20.) The docket, however, does not reflect that Plaintiffs have served Defendants with the summons, complaint, or the motion for a preliminary injunction. Accordingly, Plaintiffs are directed to advise the Court, in writing, when and in what manner service was made on Defendants. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/16/2019) (jca)
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| Filing 22 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-CV-2933 (VEC). Document filed by Richard Carranza, New York City Department Of Education.(Yogiaveetil, Rosemary) |
| Filing 21 NOTICE OF APPEARANCE by Rosemary Yogiaveetil on behalf of Richard Carranza, New York City Department Of Education. (Yogiaveetil, Rosemary) |
| Filing 20 LETTER addressed to Judge J. Paul Oetken from Karl J. Ashanti, Esq. dated October 15, 2019 re: Briefing Schedule. Document filed by Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually).(Ashanti, Karl) |
| Filing 19 NOTICE OF APPEARANCE by Karl Joseph Ashanti on behalf of Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Ashanti, Karl) |
| Filing 18 NOTICE OF APPEARANCE by Peter Glenn Albert on behalf of Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Albert, Peter) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Allison Lucy Corley to RE-FILE Document No. #17 Request for Issuance of Summons, #16 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; This party was previously issued a summons. If you require a new summons you must request an Amended Summons. Defendant name listed on the PDF must exactly match the party of record. 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 17 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint,. Document filed by Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Albert, Peter) Modified on 10/3/2019 (dnh). |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #1 Complaint,. Document filed by Christophern Neske(individually), Christophern Neske(as Parent and Natural Guardian of AN), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Albert, Peter) Modified on 10/3/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Allison Lucy Corley. The party information for the following party/parties has been modified: Christophern Neske. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Allison Lucy Corley to RE-FILE Document No. #14 Request for Issuance of Summons, #15 Request for Issuance of Summons, #13 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 caption on the summons PDF must exactly match the caption on the pleading. The wrong event type was used to file the request for issuance of summons; These parties were previously issued a summons. If you require a new summons you must request an Amended Summons. Do not abbreviate party names on the summons PDF or in the 'as to' docket entry. 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 15 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to NYS Education Department, re: #1 Complaint,. Document filed by Christopher Neske(Individually), Christopher Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Albert, Peter) Modified on 9/25/2019 (dnh). |
| Filing 14 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 Christopher Neske(Individually), Christopher Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Albert, Peter) Modified on 9/25/2019 (dnh). |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint,. Document filed by Christopher Neske(Individually), Christopher Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(as Parent and Natural Guardian of AN.), Dorothy Neske(Individually). (Albert, Peter) Modified on 9/25/2019 (dnh). |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Richard Carranza. (pne) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to New York State Education Department. (pne) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to New York City Department Of Education. (pne) |
| 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. (pne) |
| Case Designated ECF. (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, Christopher Neske, Christopher Neske, Dorothy Neske, Dorothy Neske, 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) |
| ***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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Filing 9 NOTICE OF APPEARANCE by Allison Lucy Corley on behalf of Christopher Neske, Dorothy Neske. (Corley, Allison) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint,. Document filed by Christopher Neske, Dorothy Neske. (Corley, Allison) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by Christopher Neske, Dorothy Neske. (Corley, Allison) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #1 Complaint,. Document filed by Christopher Neske, Dorothy Neske. (Corley, Allison) |
| Filing 5 DECLARATION of Allison L. Corley in Support re: #4 Memorandum of Law in Support. Document filed by Christopher Neske, Dorothy Neske. (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)(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 Christopher Neske, Dorothy Neske. (Corley, Allison) |
| Filing 3 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Christopher Neske, Dorothy Neske. (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 ANYSDC-17646862)Document filed by Dorothy Neske, Christopher Neske.(Corley, Allison) |
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