K.C. v. New York City Department Of Education
| K.C. Individually, K.C. on behalf of K.K., K.C. and K. C. |
| New York City Department Of Education ("DOE") and New York City Department Of Education, |
| 1:2020cv03047 |
| April 15, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Sarah Netburn |
| Civil Rights: Education |
| 20 U.S.C. § 1415 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 FIRST LETTER addressed to Judge Paul G. Gardephe from Erica M. Fitzgerald dated June 11, 2020 re: Briefing Schedule. Document filed by K. C., K.C...(Fitzgerald, Erica) |
| Filing 26 LETTER addressed to Judge Paul G. Gardephe from Martin Bowe dated June 4, 2020 re: Courtesy copies defendant's motion papers. Document filed by New York City Department Of Education,..(Bowe, Martin) |
| Filing 25 DECLARATION of Martin Bowe in Support re: #20 MOTION for Default Judgment as to motion to vacate Certificate of default.. Document filed by New York City Department Of Education,. (Attachments: #1 Exhibit proposed answer).(Bowe, Martin) |
| Filing 24 FIRST LETTER addressed to Judge Paul G. Gardephe from Erica M. Fitzgerald dated 6/4/2020 re: Extension of time to file motion papers. Document filed by K. C., K.C...(Fitzgerald, Erica) |
| Filing 23 LETTER MOTION for Extension of Time to File one-day extension addressed to Judge Paul G. Gardephe from Martin Bowe dated June 4, 2020. Document filed by New York City Department Of Education,..(Bowe, Martin) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #20 MOTION for Default Judgment as to motion to vacate Certificate of default. . Document filed by New York City Department Of Education,..(Bowe, Martin) |
| Filing 21 DECLARATION of Martin Bowe in Opposition re: #20 MOTION for Default Judgment as to motion to vacate Certificate of default.. Document filed by New York City Department Of Education,. (Attachments: #1 Exhibit proposed answer).(Bowe, Martin) |
| Filing 20 MOTION for Default Judgment as to motion to vacate Certificate of default. Document filed by New York City Department Of Education,. (Attachments: #1 Exhibit, #2 Exhibit).(Bowe, Martin) |
| Filing 19 AFFIDAVIT OF SERVICE of Order to show cause and supporting documents served on New York City Department of Education on May 20, 2020. Service was made by MAIL. Document filed by K. C., K.C...(Fitzgerald, Erica) |
Filing 18
ORDER TO SHOW CAUSE FOR DEFAULT OF DEFENDANT NEW YORK CITY DEPARTMENT OF EDUCATION: Let the Defendant, The New York City Department of Education, show cause before the Honorable Judge Paul G. Gardephe in Courtroom 705 of Foley Square New York, NY 10007, on the 9th day of July, 2020, at 11:00 a.m. or as soon thereafter as counsel may be heard, WHY AN ORDER SHOULD NOT BE GRANTED to the Plaintiffs against the Defendant for an Entry of Default Judgment and such further and other relief as the Court deems just and proper. This Order is to be served on Defendant by May 20, 2020. Any opposition papers are to be served and filed by June 3, 2020. Any motion to vacate default is to be filed by June 3, 2020. Show Cause Hearing set for 7/9/2020 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 5/19/2020) (jca)
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| Set/Reset Deadlines: Motions due by 6/3/2020. (jca) |
| Filing 17 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by K. C., K.C...(Fitzgerald, Erica) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 16 FIRST MEMORANDUM OF LAW in support of proposed order to show cause for default judgment. Document filed by K. C., K.C...(Fitzgerald, Erica) |
| Filing 15 AFFIRMATION of Erica M. Fitzgerald in Support. Document filed by K. C., K.C.. (Attachments: #1 Exhibit Docket #4 Summons, #2 Exhibit Docket #6 Complaint, #3 Exhibit Docket #8 Affidavit of Service, #4 Exhibit Acknowledgment of Service, #5 Exhibit Certificate of Default, #6 Exhibit Billing Statements, #7 Exhibit Attorney Declaration).(Fitzgerald, Erica) |
| Filing 14 AFFIRMATION of Erica M. Fitzgerald in Support re: #13 Proposed Order to Show Cause Without Emergency Relief. Document filed by K. C., K.C.. (Attachments: #1 Exhibit Acknowledgment of service, #2 Exhibit Billing Statements, #3 Exhibit Declaration of Attorney Fees).(Fitzgerald, Erica) |
| Filing 13 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by K. C., K.C.. Related Document Number: #6 ..(Fitzgerald, Erica) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #17 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| Filing 12 NOTICE OF APPEARANCE by Martin John Bowe, Jr on behalf of New York City Department Of Education,..(Bowe, Martin) |
| Filing 11 CLERK'S CERTIFICATE OF DEFAULT as to New York City Department of Education, issued May 13, 2020.(dt) |
| Filing 10 AFFIDAVIT of Erica M. Fitzgerald in Support re: #9 Proposed Clerk's Certificate of Default. Document filed by K. C., K.C.. (Attachments: #1 Exhibit Exhibit A Service, #2 Exhibit Exhibit B Docket, #3 Exhibit Exhibit C Clerk Default).(Fitzgerald, Erica) |
| Filing 9 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by K. C., K.C...(Fitzgerald, Erica) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department Of Education, served on 4/17/2020, answer due 5/8/2020. Service was made by MAIL. Document filed by K. C.; K.C...(Fitzgerald, Erica) |
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Filing 7
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/17/2020) (ks)
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| Filing 6 COMPLAINT against New York City Department Of Education,. Document filed by K. C., K.C...(Fitzgerald, Erica) |
| Filing 5 COMPLAINT against K. C., K.C.. Document filed by K. C., K.C...(Fitzgerald, Erica) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department Of Education,..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Erica Marie Fitzgerald to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected;. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Erica Marie Fitzgerald. The party information for the following party/parties has been modified: New York City Department Of Education ("DOE"), K.C. on behalf of K.K., K.C. Individually. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Erica Marie Fitzgerald. The following case opening statistical information was erroneously selected/entered: Cause of Action code 20:1400;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 20:1415;. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by K.C. Individually, K.C. on behalf of K.K...(Fitzgerald, Erica) |
| Filing 2 CIVIL COVER SHEET filed..(Fitzgerald, Erica) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Plaintiffs. (Filing Fee $ 400.00, Receipt Number ANYSDC-19454739)Document filed by K.C. Individually..(Fitzgerald, Erica) Modified on 4/16/2020 (pc). |
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