Carmona et al v. Carranza et al
| Miriam Franco and Ramon Carmona |
| Richard Carranza, New York City Department Of Education ("DOE") and New York City Department of Education |
| 1:2019cv11937 |
| December 31, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 22 LETTER addressed to Judge Katherine Polk Failla from Peter G. Albert dated 2/28/20 re: Case Status. Document filed by Ramon Carmona, Miriam Franco. (Attachments: #1 SRO Decision).(Albert, Peter) |
| Filing 21 REPLY MEMORANDUM OF LAW in Support of Order to Show Cause for Preliminary Injunction and Temporary Restraining Order. Document filed by Ramon Carmona, Miriam Franco..(Albert, Peter) |
| Filing 20 LETTER addressed to Judge Katherine Polk Failla from Peter G. Albert dated 2/5/20 re: Status. Document filed by Ramon Carmona, Miriam Franco..(Albert, Peter) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #9 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Ian William Forster dated January 8, 2020. . Document filed by Ramon Carmona, Miriam Franco. (Albert, Peter) |
| Filing 18 DECLARATION of Ian William Forster in Opposition re: #17 Memorandum of Law in Opposition, #4 Order to Show Cause,,,,. Document filed by Richard Carranza, New York City Department of Education. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Forster, Ian) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #4 Order to Show Cause,,,, . Document filed by Richard Carranza, New York City Department of Education. (Forster, Ian) |
| Filing 16 DECLARATION of Karl J. Ashanti in Support. Document filed by Ramon Carmona, Miriam Franco. (Attachments: #1 Exhibit iHope IEP 2017-2018, #2 Exhibit IHO Carter Findings of Fact and Determination, #3 Exhibit Parents' Ten Day Notice to DOE, #4 Exhibit Due Process Complaint, #5 Exhibit iBrain IEP 2019-2020 School Year, #6 Exhibit Memorandum of Law In Support of an Order of Pendency, #7 Exhibit Email Communications between Plaintiffs' Attorneys and DOE, #8 Exhibit IHO Carter Decision No. 185094)(Albert, Peter) |
| Filing 15 MEMORANDUM OF LAW in Support of Order to Show Cause for Preliminary Injunction and Temporary Restraining Order. Document filed by Ramon Carmona, Miriam Franco. (Albert, Peter) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (pc) |
Filing 13
ORDER denying #9 Letter Motion to Stay. For the reasons stated below, Defendants' motion to stay is DENIED. In order to afford the parties additional time to present their strongest arguments to the Court, however, the briefing schedule concerning the pending motion for a preliminary injunction and temporary restraining order is hereby modified as follows: Defendants shall file their opposition papers on or before January 21, 2020, and Plaintiffs shall file their reply papers on or before January 28, 2020. After considering (i) whether Defendants have made a strong showing that they are likely to succeed on the merits, (ii) whether Defendants will be irreparably injured absent a stay, (iii) whether issuance of a stay will substantially injure Plaintiffs, and (iv) where the public interest lies, the Court concludes that a stay of this proceeding is not warranted. See generally Nken v. Holder, 556 U.S. 418 (2009). The Court notes that the issues at play in this matter do overlap with the issues in Franco I; they both involve Plaintiffs' attempts to be granted pendency for K.C. at the International Institute for the Brain ("iBrain"). The matters differ in important respects, however. Franco I relates to Plaintiffs' attempts to be granted pendency for K.C. at iBrain for the 2018-2019 school year, after an Impartial Hearing Officer ("IHO") determined that pendency was not appropriate. This matter centers around the 2019-2020 school year, but even more crucially, involves a decision by a different IHO ordering that Plaintiffs would have pendency for K.C. at iBrain for that school year. Put differently, in this proceeding, Plaintiffs seek to enforce an already existing pendency order, whereas in Franco I, Plaintiff seeks the entry of a pendency order for the first time, and over a contrary decision by an IHO. Though the Court does not at this time opine on the merits of the claims brought either in Franco I or in this matter, there exists a possibility that Plaintiffs could be denied relief in the prior matter but granted the relief sought in this matter. For this reason, a stay of this proceeding pending a decision in Franco I is not warranted. Further, the Court concludes the pending appeals identified in Defendants' motion to stay do not warrant a stay of this proceeding. If pendency placement at iBrain is appropriate, or even required in light of the IHO's order granting pendency, Plaintiffs are entitled to an automatic preliminary injunction. See Zvi D. by Shirley D. v. Ambach, 694 F.2d 904, 906 (2d Cir. 1982). A stay pending appeal in a separate case would create a substantial delay in the adjudication of Plaintiffs' pendency placement, potentially depriving Plaintiffs of an entitlement to a preliminary injunction. Defendants' application for a stay is DENIED, though the revised briefing schedule is ordered. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/10/2020) (rro)
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| Set/Reset Deadlines: Responses due by 1/21/2020 Replies due by 1/21/2020. (rro) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza and the New York City Department of Education, re: #1 Complaint. Document filed by Ramon Carmona, Miriam Franco. (Albert, Peter) |
| Filing 11 CIVIL COVER SHEET filed. (Albert, Peter) |
| Filing 10 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Karl J. Ashanti, Esq. dated January 9, 2020 re: #9 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Ian William Forster dated January 8, 2020. . Document filed by Ramon Carmona, Miriam Franco. (Ashanti, Karl) |
| Filing 9 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Ian William Forster dated January 8, 2020. Document filed by Richard Carranza, New York City Department of Education.(Forster, Ian) |
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Filing 8
ORDER granting #5 Letter Motion to Adjourn Conference. Application GRANTED. The parties will abide by the briefing schedule set by Judge Broderick on January 2, 2020 (Dkt. #4). The show cause hearing is hereby ADJOURNED sine die. The Court will schedule the show cause hearing at a later date, if necessary. (Signed by Judge Katherine Polk Failla on 1/7/2020) (rro)
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| Filing 7 NOTICE OF APPEARANCE by Ian William Forster on behalf of Richard Carranza, New York City Department of Education. (Forster, Ian) |
| Magistrate Judge Stewart D. Aaron is so redesignated. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge George B. Daniels is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-02925-KPF. Notice of Assignment to follow. (wb) |
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Filing 6
LETTER RESPONSE in Opposition to Motion addressed to Judge George B. Daniels from Karl J. Ashanti, Esq. dated January 3, 2020 re: #5 LETTER MOTION to Adjourn Conference and maintain the briefing schedule ordered by Judge Broderick at the appearance on January 2, 2020 addressed to Judge George B. Daniels from Chlarens Orsland dated January 3, 2020. . Document filed by Ramon Carmona, Miriam Franco. (Ashanti, Karl)
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Filing 5
LETTER MOTION to Adjourn Conference and maintain the briefing schedule ordered by Judge Broderick at the appearance on January 2, 2020 addressed to Judge George B. Daniels from Chlarens Orsland dated January 3, 2020. Document filed by Richard Carranza, New York City Department of Education.(Rauchberg, Andrew)
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Filing 4
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: ORDERED, that the above-named Defendants show cause before a motion term of this Court, at Room 11A, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on Jan. 8, 2020 at 9:45 a.m. o'clock in the forenoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure: 1) ordering the DOE to implement all aspects of IHO Lee's IOP, in IHO Case# 185094, dated December 13, 2019; 2) ordering other equitable relief and damages due Plaintiffs as a result of the failure or delay by DOE in implementing IHO Lee's IOP herein; is further ORDERED that personal service of a copy of this order and annexed documents upon the Defendant or its counsel on or before 3:00 o'clock in the afternoon, January 3, 2020, shall be deemed good and sufficient service thereof. (Show Cause Hearing set for 1/8/2020 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.) (Signed by Judge Vernon S. Broderick, Part 1 on 1/2/2020) (rro)
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| Filing 3 NOTICE OF APPEARANCE by Chlarens Orsland on behalf of New York City Department of Education. (Orsland, Chlarens) |
| Filing 2 NOTICE OF APPEARANCE by Karl Joseph Ashanti on behalf of Ramon Carmona, Miriam Franco. (Ashanti, Karl) |
| ***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: 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 PARTY MODIFICATION. Notice to attorney Peter Glenn Albert. The party information for the following party/parties has been modified: Ramon Carmona; Miriam Franco; 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) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Peter Glenn Albert. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter Glenn Albert re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Ramon Carmona and Miriam Franco with party text 'individually'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 1/2/2020. (Court Reporter Elizabeth Chan) (msa) |
| Case Designated ECF. (jgo) |
| Set/Reset Deadlines: Responses due by 1/13/2020 by noon. Replies due by 1/14/2020 before the end of the business day. (msa) |
| Filing 1 COMPLAINT against Richard Carranza, New York City Department Of Education ("DOE"). (Filing Fee $ 400.00, Receipt Number ANYSDC-18393629)Document filed by Ramon Carmona, Miriam Franco.(Albert, Peter) |
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