Neske et al v. New York City Department of Education
| Dorothy Neske and Christopher Neske |
| New York City Department of Education |
| 1:2020cv03912 |
| May 20, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Civil Rights: Education |
| 20 U.S.C. § 1401 |
| None |
Docket Report
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This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 23 LETTER addressed to Judge Valerie E. Caproni from Rosemary C. Yogiaveetil dated 7/15/2020 re: Relevant Second Circuit Decisions/Orders, Relevant SRO Decisions, and Withdrawal of Point II of DOE's Motion to Dismiss Following Resolution of the 2019-2020 Administrative Appeal on Pendency. Document filed by New York City Department of Education. (Attachments: #1 Exhibit A. June 8, 2020 SRO Decision, #2 Exhibit B. June 15, 2020 SRO Decision).(Yogiaveetil, Rosemary) |
| Filing 22 DECLARATION of Brian Davenport, Esq. in Support re: #20 MOTION to Dismiss for Failure to State a Claim, or, in the Alternative, to Stay until the Completion of DOE's Administrative Appeal.. Document filed by New York City Department of Education. (Attachments: #1 Exhibit Ex. A. 2017-2018 Findings of Fact and Decision, #2 Exhibit Ex. B. 2018-2019 Due Process Compl., #3 Exhibit Ex. C. October 2018 IHO Decision, #4 Exhibit Ex. D. November 2018 Notice of Request for Review, #5 Exhibit Ex. E. December 2018 SRO Decision, #6 Exhibit Ex. F. 2018-2019 Findings of Fact and Decision, #7 Exhibit Ex. G. 2019-2020 Due Process Complaint, #8 Exhibit Ex. H. 2019-2020 Parents' Notice of Intention to Seek Review, #9 Exhibit Ex. I. April 2020 Order of Pendency, #10 Exhibit Ex. J. 2019-2020 DOE Notice of Intention to Seek Review).(Yogiaveetil, Rosemary) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss for Failure to State a Claim, or, in the Alternative, to Stay until the Completion of DOE's Administrative Appeal. . Document filed by New York City Department of Education..(Yogiaveetil, Rosemary) |
| Filing 20 MOTION to Dismiss for Failure to State a Claim, or, in the Alternative, to Stay until the Completion of DOE's Administrative Appeal. Document filed by New York City Department of Education..(Yogiaveetil, Rosemary) |
Filing 19
ORDER granting #17 Letter Motion for Extension of Time. The proposed briefing schedule is hereby adopted. SO ORDERED. Motions due by 6/24/2020. (Signed by Judge Valerie E. Caproni on 6/01/2020) (ama)
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| Set/Reset Deadlines: Cross Motions due by 7/24/2020. Responses due by 8/14/2020 Replies due by 8/28/2020. (ama) |
| Filing 18 LETTER addressed to Judge Valerie E. Caproni from Rosemary C. Yogiaveetil dated May 29, 2020 re: Dkt. No. 17: Supplemental Letter Confirming Plaintiffs' Consent to Proposed Briefing Schedule. Document filed by New York City Department of Education..(Yogiaveetil, Rosemary) |
| Filing 17 LETTER MOTION for Extension of Time or to Set a Briefing Schedule for Defendant to Move to Dismiss Pursuant to Fed. R. Civ. P. 12 addressed to Judge Valerie E. Caproni from Rosemary C. Yogiaveetil dated May 29, 2020. Document filed by New York City Department of Education..(Yogiaveetil, Rosemary) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-08817-VEC. Notice of Assignment to follow. (ad) |
| 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. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 16 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:20-cv-02009. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(sjo) |
| CASE REFERRED TO Judge Valerie E. Caproni as possibly related to 1:19-cv-8817. (sjo) |
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Filing 15
MEMORANDUM AND ORDER: This action is transferred to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404(a). All other relief sought by Plaintiffs is denied without prejudice to the renewal of the requests before the transferee court. The Clerk of Court is directed to transfer this case to the Southern District of New York. Local Rule 83.1 of the Eastern District of New York, which requires a seven-day delay between the date of this Order and transfer, is waived. SEE ATTACHED ORDER. Ordered by Judge Eric R. Komitee on 5/19/2020. Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Guy, Alicia) [Transferred from New York Eastern on 5/20/2020.]
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| Filing 14 Letter Motion Request to Remove Docket Entry #12 by Christopher Neske, Dorothy Neske (Albert, Peter) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 13 RESPONSE in Opposition re #11 Letter MOTION for pre motion conference in relation to Def.'s anticipated motion to change venue to the Southern District of New York or, in the alternative, to dismiss this action for failure to state a claim pursuant to Fed. R. Civ. P. 12 filed by Christopher Neske, Dorothy Neske. (Attachments: #1 Exhibit SRO Decision 20-033) (Albert, Peter) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 12 RESPONSE in Opposition re #11 Letter MOTION for pre motion conference in relation to Def.'s anticipated motion to change venue to the Southern District of New York or, in the alternative, to dismiss this action for failure to state a claim pursuant to Fed. R. Civ. P. 12 filed by Christopher Neske, Dorothy Neske. (Attachments: #1 Exhibit SRO Decision 20-033) (Albert, Peter) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 11 Letter MOTION for pre motion conference in relation to Def.'s anticipated motion to change venue to the Southern District of New York or, in the alternative, to dismiss this action for failure to state a claim pursuant to Fed. R. Civ. P. 12 by New York City Department of Education. (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 10 AFFIDAVIT/DECLARATION in Support re #8 MOTION for Order to Show Cause filed by All Plaintiffs. (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) (Ashanti, Karl) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 9 MEMORANDUM in Support re #8 MOTION for Order to Show Cause filed by All Plaintiffs. (Ashanti, Karl) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 8 MOTION for Order to Show Cause by Christopher Neske, Dorothy Neske. (Ashanti, Karl) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 7 ACKNOWLEDGMENT OF SERVICE Executed as to #4 Summons Issued, #1 Complaint Acknowledgement filed by Christopher Neske, Dorothy Neske. (Ashanti, Karl) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 4 Summons Issued as to New York City Department of Education. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 3 Civil Cover Sheet.. by Christopher Neske, Dorothy Neske (Albert, Peter) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 2 Proposed Summons. by Christopher Neske, Dorothy Neske (Albert, Peter) [Transferred from New York Eastern on 5/20/2020.] |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12746347 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Dorothy Neske, Christopher Neske. (Albert, Peter) [Transferred from New York Eastern on 5/20/2020.] |
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