Juca et al v. Carranza et al
| Jhoana Juca, Neysha Cruz, Shannon Thomason, Donna Cornett, John Burgess, Vinnie Pena, Victor Arteaga, Alexandra Vera-Fiallos and Eileen Mendez |
| New York City Department of Education and Richard Carranza |
| Cynthia Ramos |
| 1:2019cv09427 |
| October 11, 2019 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Education |
| 20 U.S.C. § 1415 |
| None |
Docket Report
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| Document Text |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to File Response/Reply. The application is granted. (Signed by Judge Edgardo Ramos on 11/21/19) (yv)
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| Set/Reset Deadlines: Richard Carranza answer due 12/12/2019; New York City Department of Education answer due 12/12/2019. (yv) |
| Filing 21 LETTER MOTION for Extension of Time to File Response/Reply as to #20 Amended Complaint,,, addressed to Judge Edgardo Ramos from Andrew J. Rauchberg dated November 20, 2019. Document filed by Richard Carranza, New York City Department of Education.(Rauchberg, Andrew) |
| Filing 20 AMENDED COMPLAINT amending #1 Complaint, against Richard Carranza, New York City Department of Education.Document filed by Neysha Cruz(as Parent and Natural Guadian of O.F.), John Burgess, Vinnie Pena(as Parent and Natural Guardian of E.P.), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Vinnie Pena(individually), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Shannon Thomason(individually), Donna Cornett(individually), Victor Arteaga(as Parent and Natural Guardian of K.A.), Eileen Mendez(as Parent and Natural Guardian of A.C.), Neysha Cruz(individually), Alexandra Vera-Fiallos(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), John Burgess, Victor Arteaga(individually), Eileen Mendez(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Cynthia Ramos. Related document: #1 Complaint,.(Albert, Peter) |
| Filing 19 DECLARATION of Andrew J. Rauchberg in Opposition re: #14 MOTION for Reconsideration re; Show Cause Hearing, .. Document filed by Richard Carranza, New York City Department of Education. (Rauchberg, Andrew) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #14 MOTION for Reconsideration re; Show Cause Hearing, . . Document filed by Richard Carranza, New York City Department of Education. (Rauchberg, Andrew) |
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Filing 17
AMENDED ORDER with respect to #14 Motion for Reconsideration. On October 25, 2019, Plaintiffs filed a motion for reconsideration. Doc. 14. Defendants are directed to respond to the motion for reconsideration by Monday, November 4, 2019 at 5:00 PM. This Order supersedes the Court's previous endorsement, Doc. 16. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/29/2019) (kv)
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| Set/Reset Deadlines: Responses due by 11/4/2019 (kv) |
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Filing 16
MEMO ENDORSEMENT with respect to #14 Motion for Reconsideration. ENDORSEMENT: Defendants are directed to respond by Monday, November 24, 2019 at 5:00 PM. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/28/2019) (kv)
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| Set/Reset Deadlines: Responses due by 11/24/2019 (kv) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION for Reconsideration re; Show Cause Hearing, . . Document filed by Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(individually). (Attachments: #1 Exhibit A. Email from Steven Kramer)(Albert, Peter) |
| Filing 14 MOTION for Reconsideration re; Show Cause Hearing, . Document filed by Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(individually).(Albert, Peter) |
| Filing 13 DECLARATION of Peter Albert in Support re: #4 MOTION for Preliminary Injunction .. Document filed by Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(individually). (Attachments: #1 Exhibit A, #2 Exhibit B)(Ashanti, Karl) |
| Filing 12 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction . . Document filed by Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(individually). (Ashanti, Karl) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing held on 10/18/2019. Plaintiffs' counsel present. Defendant's counsel present. For the reasons stated on the record, Plaintiffs' application for preliminary injunction is DENIED. Defendant shall file a request for a pre-motion conference by November 8, 2019. (jar) |
| Filing 11 NOTICE OF APPEARANCE by Peter Glenn Albert on behalf of Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(individually). (Albert, Peter) |
| Filing 10 DECLARATION of Karl J. Ashanti, Esq. in Support re: #4 MOTION for Preliminary Injunction .. Document filed by Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(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, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Ashanti, Karl) |
| Filing 9 MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction . . Document filed by Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(individually). (Ashanti, Karl) |
| Filing 8 NOTICE OF APPEARANCE by Andrew James Rauchberg on behalf of Richard Carranza, New York City Department of Education. (Rauchberg, Andrew) |
| Filing 7 MEMORANDUM OF LAW in Opposition re: #4 MOTION for Preliminary Injunction . . Document filed by Richard Carranza, New York City Department of Education. (Rauchberg, Andrew) |
| Filing 6 DECLARATION of Andrew J. Rauchberg in Opposition re: #4 MOTION for Preliminary Injunction .. Document filed by Richard Carranza, New York City Department of Education. (Attachments: #1 Exhibit A - transcript of 7-22-19 Abrams proceeding)(Rauchberg, Andrew) |
| Filing 5 DECLARATION of Sapna Kapoor in Opposition re: #4 MOTION for Preliminary Injunction .. Document filed by Richard Carranza, New York City Department of Education. (Rauchberg, Andrew) |
| Filing 4 MOTION for Preliminary Injunction . Document filed by Victor Arteaga(as Parent and Natural Guardian of K.A.), Victor Arteaga(individually), John Burgess, John Burgess, Donna Cornett(individually), Donna Cornett(as Parent and Natural Guardian of J.B.), Neysha Cruz(as Parent and Natural Guadian of O.F.), Neysha Cruz(individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca (individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(individually), Vinnie Pena(as Parent and Natural Guardian of E.P.), Vinnie Pena(individually), Shannon Thomason(individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Alexandra Vera-Fiallos(as Parent and Natural Guardian of L.F.), Alexandra Vera-Fiallos(individually). Return Date set for 10/18/2019 at 02:00 PM.(Ashanti, Karl) |
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Filing 3
ORDER TO SHOW CAUSE: ORDERED, that the above-named Defendant show cause before motion term of this Court. Show Cause Hearing on10/18/2019 at 02:00 PM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. Defendants may submit responsive papers by Thursday Oct. 17, 2019 at noon. Plaintiffs may submit a reply by Friday, Oct. 18, 2019 by 10:00 a.m. And as set forth herein. SO ORDERED., ( Replies due by 10/18/2019.) Show Cause Response due by 10/17/2019. (Signed by Judge Edgardo Ramos on 10/11/2019) (ama)
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| Filing 2 CIVIL COVER SHEET filed. (Ashanti, Karl) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Richard Carranza, New York City Department Of Education ("DOE"). (Filing Fee $ 400.00, Receipt Number ANYSDC-17757425)Document filed by Neysha Cruz, John Burgess, Vinnie Pena, Jhoana Juca, Alexandra Vera-Fiallos, Shannon Thomason, Donna Cornett, Victor Arteaga, Eileen Mendez, John Burgess.(Ashanti, Karl) Modified on 10/11/2019 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Karl Joseph Ashanti. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Karl Joseph Ashanti 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Karl Joseph Ashanti. The party information for the following party/parties has been modified: Jhoana Juca; Jhoana Juca; Victor Arteaga; Victor Arteaga; Donna Cornett; Donna Cornett; John Burgess; John Burgess; Eileen Mendez; Eileen Mendez; Neysha Cruz; Neysha Cruz; Alexandra Vera-Fiallos; Alexandra Vera-Fiallos; Shannon Thomason; Shannon Thomason; Vinnie Pena; Vinnie Pena; 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 role was entered incorrectly; party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 10/11/2019. Plaintiffs' counsel present. Defendants' counsel present. Defendants' responsive papers are due October 17, 2019, at 12:00 pm. Plaintiffs' reply papers are due October 18, 2019 at 10:00 AM. A hearing will be held on October 18, 2019, at 2:00 p.m. (jar) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Ona T. Wang 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) |
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