C. E. et al v. New York City Department of Education
| J.T. and A.L. as Parents and Natural Guardians of A.L., a minor, C.C. as Parent and Natural Guardian of S.E., a minor, C.E. as parent and natural guardian of X.G. a minor,, A.F. and A.V. as Parents and Natural Guardians of L. V.-F., a minor,, M.F. as Parent and Natural Guardian of K.C., a minor,, J.T., M.F., A.F., A.L. as Parents and Natural Guardian of A.L., a minor and, C.C., A.V. as Parent and Natural Guradian of L.V.-F., a minor and and C. E. |
| New York City Department Of Education ("DOE") and New York City Department of Education |
| 1:2020cv00249 |
| January 10, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Civil Rights: Other |
| 20 U.S.C. § 1415 |
| None |
Docket Report
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| Filing 19 JOINT LETTER addressed to Judge Gregory H. Woods from Janine Kapp dated March 4, 2020 Document filed by New York City Department of Education..(Kapp, Janine) |
Filing 18
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. 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. And as set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/19/2020) (ama)
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Filing 17
ORDER denying #16 Letter Motion to Reopen. Plaintiff's motion for reconsideration is denied. The Clerk of Court is directed to terminate the motion pending at Dkt No. 16. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/10/20) (yv)
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| Filing 16 LETTER MOTION to Reopen re: #11 Order of Dismissal,,,,,, Add and Terminate Parties,,,,, addressed to Judge Gregory H. Woods from Peter G. Albert dated 2/6/20. Document filed by A.F., C. E., C.C., J.T., M.F., A.L. as Parents and Natural Guardian of A.L., a minor and, A.V. as Parent and Natural Guradian of L.V.-F., a minor and..(Albert, Peter) |
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Filing 15
ORDER granting #13 Motion for Extension of Time to Answer. Application granted. The deadline for Defendant to answer or otherwise respond to the Complaint is extended to April 7, 2020. So Ordered. New York City Department of Education answer due 4/7/2020. (Signed by Judge Gregory H. Woods on 2/5/2020) (js)
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| Filing 14 NOTICE OF APPEARANCE by Morgan Leigh Maples on behalf of New York City Department of Education..(Maples, Morgan) |
| Filing 13 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Janine Kapp dated February 5, 2020. Document filed by New York City Department of Education..(Kapp, Janine) |
| Filing 12 NOTICE OF APPEARANCE by Janine Kapp on behalf of New York City Department of Education..(Kapp, Janine) |
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Filing 11
ORDER: On January 13, 2020, the Court issued an order to show cause why the Court should not dismiss the claims of all Plaintiffs in this action except X.G. and his parent and natural guardian C.E., without prejudice to refiling each of their claims separate civil actions. Dkt No. 7. On January 21, 2020, Plaintiffs filed a response. Dkt No. 10. However, the Court is not persuaded that there is sufficient similarity between Plaintiffs' claims to permit them to be filed in a single case under the governing law described in the Court's order to show cause. Dkt No. 7. Accordingly, the claims of all Plaintiffs except X.G. and his parent and natural guardian C.E., are dismissed without prejudice to refiling each of their claims in separate civil actions. The Clerk of Court is directed to remove the names of all defendants except X.G. and his parent and natural guardian C.E. from the caption of this case. SO ORDERED. J.T. (as Parent and Natural Guardian of A.L., a minor and individually), M.F. (as Parent and Natural Guardian of K.C., a minor and individually), A.L. as Parents and Natural Guardian of A.L., a minor and (and A.L. individually), A.V. as Parent and Natural Guradian of L.V.-F., a minor and (A.V., Individually), A.F. (as Parent and Natural Guardian of L. V.F., a minor and individually) and C.C. (as Parent and Natural Guardian of S.E., a minor and individually) terminated. (Signed by Judge Gregory H. Woods on 1/23/2020) (kv)
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| ***DELETED DOCUMENT. Deleted document number 9 INITIAL CASE MANAGEMENT CONFERENCE ORDER. The document was incorrectly filed in this case. (ks) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,. Document filed by A.F., C. E., C.C., J.T., M.F., A.L. as Parents and Natural Guardian of A.L., a minor and, A.V. as Parent and Natural Guradian of L.V.-F., a minor and. (Albert, Peter) |
| Filing 8 SUMMONS RETURNED EXECUTED. New York City Department of Education served on 1/17/2020, answer due 2/7/2020. Service was accepted by B. Mayzck. Document filed by C.C.; C. E. ; A.V. as Parent and Natural Guradian of L.V.-F., a minor and; A.F.; A.L. as Parents and Natural Guardian of A.L., a minor and; J.T.; M.F.. (Albert, Peter) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (pne) |
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Filing 6
ORDER TO SHOW CAUSE: Accordingly, Plaintiffs are ordered to show cause by January 20, 2020 why the Court should not dismiss the claims of all Plaintiffs except X.G. and his parent and natural guardian C.E., without prejudice to refiling each of their claims in a separate civil action. SO ORDERED (Signed by Judge Gregory H. Woods on 1/13/2020) (ama)
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| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by A.F., C. E., C.C., J.T., M.F., A.L. as Parents and Natural Guardian of A.L., a minor and, A.V. as Parent and Natural Guradian of L.V.-F., a minor and. (Albert, Peter) |
| Filing 4 CIVIL COVER SHEET filed. (Albert, Peter) |
| ***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: Dollar Demand $58900000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $59000;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Peter Glenn Albert to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party followed by 'et al';. 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 PARTY MODIFICATION. Notice to attorney Peter Glenn Albert. The party information for the following party/parties has been modified: C. E. ; J.T.; A.F.; C.C.; M.F.; 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;. (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 party A.L. with party text 'as Parent and Natural Guardian of A.L., a minor and individually, A.V. with party text 'as Parent and Natural Guardian of L. V.F., a minor and 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 Gregory H. Woods. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): party information on the PDF case caption contains a typographical error;. 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. (jgo) |
| Case Designated ECF. (jgo) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners C.C., C. E., A.F., J.T., M.F., A.L. as Parents and Natural Guardian of A.L., a minor and, A.V. as Parent and Natural Guradian of L.V.-F., a minor and added. Party added pursuant to #1 Complaint,.Document filed by C.C., C. E., A.F., J.T., M.F., A.L. as Parents and Natural Guardian of A.L., a minor and, A.V. as Parent and Natural Guradian of L.V.-F., a minor and. Related document: #1 Complaint,.(Albert, Peter) |
| Magistrate Judge Barbara C. Moses 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) |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by C.C. as Parent and Natural Guardian of S.E., a minor, A.F. and A.V. as Parents and Natural Guardians of L. V.-F., a minor,, M.F. as Parent and Natural Guardian of K.C., a minor,, C.E. as parent and natural guardian of X.G. a minor,, J.T. and A.L. as Parents and Natural Guardians of A.L., a minor. (Albert, Peter) Modified on 1/13/2020 (jgo). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Albert, Peter) Modified on 1/13/2020 (jgo). |
| Filing 1 COMPLAINT against New York City Department Of Education ("DOE"). (Filing Fee $ 400.00, Receipt Number ANYSDC-18471679)Document filed by C.E. as parent and natural guardian of X.G. a minor,, C.C. as Parent and Natural Guardian of S.E., a minor, A.F. and A.V. as Parents and Natural Guardians of L. V.-F., a minor,, J.T. and A.L. as Parents and Natural Guardians of A.L., a minor, M.F. as Parent and Natural Guardian of K.C., a minor,.(Albert, Peter) |
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