Melendez et al v. Carranza et al
Plaintiff: Kentaro Mizuta, Carolyn Mason, Nahoko Mizuta and Brenda L. Melendez
Defendant: New York City Department Of Education ("DOE"), Richard Carranza and New York City Department Of Education,
Case Number: 1:2020cv01464
Filed: February 19, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Civil Rights: Education
Cause of Action: 20:1415
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2020 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #23 Corrected Notice of Appeal, filed by Nahoko Mizuta, Carolyn Mason, Kentaro Mizuta, Brenda L. Melendez were transmitted to the U.S. Court of Appeals. (tp)
April 14, 2020 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #23 Corrected Notice of Appeal. (tp)
April 14, 2020 Appeal Fee Paid electronically via Pay.gov: for #23 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-19427578, paid on 4/13/2020. (tp)
April 14, 2020 Filing 23 CORRECTED NOTICE OF APPEAL re: #21 Notice of Interlocutory Appeal,, #17 Order on Motion to Reopen Case,,. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Albert, Peter)
April 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Albert, Peter to RE-FILE Document No. #22 Corrected Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)
April 14, 2020 Filing 22 FILING ERROR - NO ORDER SELECTED FOR APPEAL - CORRECTED NOTICE OF APPEAL re: #21 Notice of Interlocutory Appeal,,. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Albert, Peter) Modified on 4/14/2020 (tp).
April 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Albert, Peter to RE-FILE Document No. #21 Notice of Interlocutory Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)
April 13, 2020 Filing 21 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.). Filing fee $ 505.00, receipt number ANYSDC-19427578. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Albert, Peter) Modified on 4/14/2020 (tp).
March 19, 2020 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #19 Letter filed by New York City Department Of Education,, Richard Carranza. ENDORSEMENT: The application is granted. So Ordered. Attorney Rachel Kathryn Marcoccia terminated. (Signed by Judge Edgardo Ramos on 3/20/2020) (js)
March 19, 2020 Filing 19 LETTER addressed to Judge Edgardo Ramos from Rachel K. Marcoccia dated March 19, 2020 re: Request to Withdraw as Counsel. Document filed by Richard Carranza, New York City Department Of Education,..(Marcoccia, Rachel)
March 19, 2020 Filing 18 NOTICE OF APPEARANCE by Lana Koroleva on behalf of New York City Department Of Education,..(Koroleva, Lana)
March 13, 2020 Opinion or Order Filing 17 ORDER denying #13 Letter Motion to Reopen Case. For the reasons stated above and on the record at the March 5, 2020 hearing in Melendez IV, Plaintiffs' motion to vacate the stay in Melendez IV is DENIED, and DOE's motions to stay Melendez II and Melendez III are GRANTED. The Clerk of Court is respectfully directed to terminate the motions, 19 Civ. 8726, Doc.47; 20 Civ. 823, Doc. 17; and 20 Civ. 1464, Doc. 13; and to issue a stay in Melendez II, 19 Civ. 8726, and in Melendez III, 20 Civ. 823. (Signed by Judge Edgardo Ramos on 3/13/2020) (mro)
March 11, 2020 Filing 16 LETTER RESPONSE in Support of Motion addressed to Judge Edgardo Ramos from Karl J. Ashanti, Esq. dated March 11, 2020 re: #13 LETTER MOTION to Reopen Case by vacating order staying the case (ECF No. 12) addressed to Judge Edgardo Ramos from Karl J. Ashanti, Esq. dated March 9, 2020. . Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Ashanti, Karl)
March 11, 2020 Filing 15 LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Rachel K Marcoccia dated March 11, 2020 re: #13 LETTER MOTION to Reopen Case by vacating order staying the case (ECF No. 12) addressed to Judge Edgardo Ramos from Karl J. Ashanti, Esq. dated March 9, 2020. . Document filed by Richard Carranza, New York City Department Of Education,..(Marcoccia, Rachel)
March 9, 2020 Set/Reset Deadlines as to #13 LETTER MOTION to Reopen Case by vacating order staying the case (ECF No. 12) addressed to Judge Edgardo Ramos from Karl J. Ashanti, Esq. dated March 9, 2020.. Responses due by 3/12/2020 (rro)
March 9, 2020 Opinion or Order Filing 14 ORDER with respect to #13 Letter Motion to Reopen Case. Defendants are directed to respond to this letter, Doc. 13, by Thursday, March 12, 2020 at 5:00 P.M. (Signed by Judge Edgardo Ramos on 3/9/2020) (rro)
March 9, 2020 Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Reopen Case by vacating order staying the case (ECF No. 12) addressed to Judge Edgardo Ramos from Karl J. Ashanti, Esq. dated March 9, 2020. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Ashanti, Karl) Modified on 4/7/2020 (ldi).
March 6, 2020 Opinion or Order Filing 12 ORDER. For the reasons stated on the record on March 5, 2020, this case is stayed pending the outcome of Mendez v. New York City Department of Education, No. 19 Civ. 1852 (2d Cir. Aug. 15, 2019); Paulino v. New York City Department of Education, No. 19 Civ. 1662 (2d Cir. Aug. 15, 2019); and Carrilo, et al. v. New York City Department of Education, No. 19 Civ. 1813 (2d Cir. Aug. 15, 2019). The parties are directed to inform the Court within two days of a decision in these case so that it may lift the stay. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/6/2020) (rjm)
March 5, 2020 Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 3/5/2020 re: #4 Memorandum of Law in Support filed by Nahoko Mizuta, Carolyn Mason, Kentaro Mizuta, Brenda L. Melendez. Plaintiffs' counsel present. Defendants' counsel present. For the reasons stated on the record, the matter is stayed pending the Second Circuit's decision. (jar)
March 4, 2020 Filing 11 BRIEF re: #6 Order to Show Cause,,,,, Reply Brief. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Ashanti, Karl)
March 4, 2020 Filing 10 NOTICE OF APPEARANCE by Rachel Kathryn Marcoccia on behalf of Richard Carranza, New York City Department Of Education,..(Marcoccia, Rachel)
March 3, 2020 Filing 9 DECLARATION of Rachel K Marcoccia in Opposition re: #6 Order to Show Cause,,,,,. Document filed by Richard Carranza, New York City Department Of Education,. (Attachments: #1 Exhibit 1).(Marcoccia, Rachel)
March 3, 2020 Filing 8 DECLARATION of Brian Reimels in Opposition re: #6 Order to Show Cause,,,,,. Document filed by Richard Carranza, New York City Department Of Education,..(Marcoccia, Rachel)
March 3, 2020 Filing 7 OPPOSITION BRIEF re: #6 Order to Show Cause,,,,, . Document filed by Richard Carranza, New York City Department Of Education,..(Marcoccia, Rachel)
February 26, 2020 Opinion or Order Filing 6 ORDER TO SHOW CAUSE: Upon Plaintiffs' Memorandum of Law in Support of an Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction and the Declaration of Peter G. Albert, sworn to the 25th Day of February, 2020, and the exhibits thereto annexed, it is ORDERED, that the above-named Defendants show cause before a motion term of this Court, at Room 619, United States Courthouse, 40 Foley Square, in the City, County, and State of New York, on Feb. 26, 2020, at 9:30 o'clock in the a.m. 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 ordering Defendants to implement all Orders of Pendency in IH Case Nos. 175166, 185108 and 185157, on or before the 28th day of February, 2020, until the substance of Plaintiffs' respective administrative due process claims have been fully adjudicated; and it is further ORDERED that personal service of a copy of this order and annexed documents upon the Defendants by hand on Feb. 26, 2020, on counsel for Defendants. SO ORDERED. Show Cause Hearing set for 2/26/2020 at 09:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 2/26/2020) (kv)
February 26, 2020 Filing 5 DECLARATION of Karl J. Ashanti, Esq. in Support re: #3 Proposed Order to Show Cause Without Emergency Relief,,. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Ashanti, Karl)
February 26, 2020 ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED TEMPORARY RESTRAINING ORDER. Notice to Attorney Karl Ashanti re: Document #3 Proposed Order to Show Cause Without Emergency Relief was rejected by the Clerk's Office for the following reason, the Temporary Restraining Order should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (km)
February 26, 2020 Filing 4 MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause Without Emergency Relief,, . Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Ashanti, Karl)
February 26, 2020 Filing 3 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Ashanti, Karl) Proposed Order to be reviewed by Clerk's Office staff. Modified on 2/26/2020 (km).
February 26, 2020 Set/Reset Deadlines: Responses due by 3/3/2020. Replies due by 3/4/2020. Set/Reset Hearings: Show Cause Hearing set for 3/5/2020 at 04:30 PM before Judge Edgardo Ramos. (jar)
February 26, 2020 Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing held on 2/26/2020. Plaintiffs' counsel present. Defendants' counsel present. Plaintiffs' application for a temporary restraining order is denied. A show cause hearing will be held on March 5, 2020, at 4:30 PM. Defendants' response is due March 3, 2020. Plaintiffs' reply is due March 4, 2020. (jar)
February 20, 2020 Magistrate Judge Katharine H. Parker 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. (bcu)
February 20, 2020 NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case..(bcu)
February 20, 2020 CASE ACCEPTED AS RELATED. Create association to 1:19-cv-02928-ER. Notice of Assignment to follow. (bcu)
February 20, 2020 ***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. (pne)
February 20, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #1 Complaint,,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney (Peter Glenn Albert). 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. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne)
February 20, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Glenn Albert. The party information for the following party/parties has been modified: 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. (pne)
February 20, 2020 CASE REFERRED TO Judge Edgardo Ramos as possibly related to 19CV2928. (pne)
February 20, 2020 Case Designated ECF. (pne)
February 20, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne)
February 19, 2020 Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-2928. Document filed by Carolyn Mason(as Parent and Natural Guardian of A.D.), Carolyn Mason(Individually), Brenda L. Melendez(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Kentaro Mizuta(Individually), Nahoko Mizuta(Individually), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Albert, Peter)
February 19, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Richard Carranza, New York City Department Of Education ("DOE"). (Filing Fee $ 400.00, Receipt Number ANYSDC-18853482)Document filed by Nahoko Mizuta(Individually), Carolyn Mason(as Parent and Natural Guardian of A.D.), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Brenda L. Melendez(Individually), Kentaro Mizuta(Individually), Carolyn Mason(Individually), Brenda L. Melendez(as Parent and Natural Guardian of J.C.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.)..(Albert, Peter) Modified on 2/20/2020 (pne).

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Search for this case: Melendez et al v. Carranza et al
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Defendant: New York City Department Of Education ("DOE")
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Defendant: Richard Carranza
Represented By: Rachel Kathryn Marcoccia
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Defendant: New York City Department Of Education,
Represented By: Rachel Kathryn Marcoccia
Represented By: Lana Koroleva
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Plaintiff: Kentaro Mizuta
Represented By: Peter Glenn Albert
Represented By: Karl Joseph Ashanti
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Plaintiff: Carolyn Mason
Represented By: Peter Glenn Albert
Represented By: Karl Joseph Ashanti
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Plaintiff: Nahoko Mizuta
Represented By: Peter Glenn Albert
Represented By: Karl Joseph Ashanti
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Plaintiff: Brenda L. Melendez
Represented By: Peter Glenn Albert
Represented By: Karl Joseph Ashanti
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