J.T. et al v. de Blasio et al
Plaintiff: K.M., J.T., J.J. and C.N.
Defendant: School Districts in the United States, Richard Carranza, The New York City Department of Education, Bill de Blasio, State Education Departments in the United States, Warner Unified School District, Cobb County School District, Seymour Board of Education, Washington State School for the Deaf, Solana Beach Elementary School District, McCabe Union School District, Atlanta Independent School System, Valley Center-Pauma Unified School District, South Carolina Department of Education, Certain School Districts Located in the State of Virginia, Lakeside Joint School District, Jamul-Dulzura Union School District, Sweetwater Union High School District, San Dieguito Union High School District, Washington State School for the Blind, San Pasqual Union Elementary School District, Town of Groton and Groton Board of Education, Martha's Vineyard High School, Julian Union School District, Town of Clinton and Clinton Board of Education, Julian Union High School District, West Orange Public Schools, Minnesota State Department of Education, Austin Independent School District, Bonsall Union School District, Chula Vista Elementary School District, Rancho Santa Fe Elementary School District, Readington Township Public Schools, San Pasqual Valley Unified School District, Cherry Hill Public Schools, Pomfret CT School District, Marietta City Schools, Dehesa School District, Borrego Springs Unified School District, Vallecitos Elementary School District, State of Washington, Clayton County Public Schools, Grossmont Union High School District, Pentucket Regional High School, Certain School Districts Located in the State of California, La Mesa-Spring Valley School District, Del Mar Union School District, Connecticut Regional School District No. 10 (Harwinton & Burlington), Town of Wallingford and Wallingford Board of Education, State Departments of Education in the United States, Escondido Union High School District, Carlsbad Unified School District, City of Bristol School District, Town of Branford School District, Middletown Township Public Schools, Mountain Empire Unified School District, Alpine Union School District, San Diego County Office of Education, Town of Plymouth and Plymouth Board of Education, Santee School District, DeKalb County School District, Town of Windham and Windham Board of Education, Fulton County School District, Pennsylvania Department of Education, Lemon Grove School District, Coronado Unified School District, Ramona Unified School District, San Marcos Unified School District, Town of Plainville and Plainville Board of Education, Spencer Valley Elementary School District, Town of Watertown and Watertown Board of Education, Fallbrook Union Elementary School District, Encinitas Union School District, fallbrook union high school district, Escondido Union Elementary School District, Cardiff Elementary School District, City of Stamford Board of Education, Omaha Public School District, City of Bridgeport Board of Education, City of Norwalk Board of Education and Town of Stratford Board of Education
Amicus Curiae: MICHIGAN ASSOCIATION OF SCHOOL BOARDS
Case Number: 1:2020cv05878
Filed: July 28, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Civil Rights: Education
Cause of Action: 20:1400
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2020 Filing 209 INTERNET CITATION NOTE: Material from decision with Internet citation re: #200 Order on Motion to Dismiss. (sjo)
December 14, 2020 Filing 208 INTERNET CITATION NOTE: Material from decision with Internet citation re: #200 Order on Motion to Dismiss. (sjo)
December 14, 2020 Filing 207 INTERNET CITATION NOTE: Material from decision with Internet citation re: #200 Order on Motion to Dismiss. (sjo)
December 14, 2020 Filing 206 INTERNET CITATION NOTE: Material from decision with Internet citation re: #200 Order on Motion to Dismiss. (sjo)
December 14, 2020 Filing 205 INTERNET CITATION NOTE: Material from decision with Internet citation re: #200 Order on Motion to Dismiss. (sjo)
December 14, 2020 Filing 204 INTERNET CITATION NOTE: Material from decision with Internet citation re: #200 Order on Motion to Dismiss. (sjo)
December 14, 2020 Filing 203 INTERNET CITATION NOTE: Material from decision with Internet citation re: #200 Order on Motion to Dismiss. (sjo)
December 14, 2020 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #202 Notice of Appeal. (tp)
December 14, 2020 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #202 Notice of Appeal, filed by J.J., J.T., C.N., K.M. were transmitted to the U.S. Court of Appeals. (tp)
December 11, 2020 Filing 202 NOTICE OF APPEAL from #200 Order on Motion to Dismiss,,,. Document filed by C.N., J.J., J.T., K.M.. Filing fee $ 505.00, receipt number ANYSDC-23000056. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Albert, Peter)
November 13, 2020 Filing 201 CLERK'S JUDGMENT re: #200 Order on Motion to Dismiss in favor of Alpine Union School District, Atlanta Independent School System, Austin Independent School District, Bonsall Union School District, Borrego Springs Unified School District, Cardiff Elementary School District, Carlsbad Unified School District, Certain School Districts Located in the State of California, Certain School Districts Located in the State of Virginia, Cherry Hill Public Schools, Chula Vista Elementary School District, City of Bridgeport Board of Education, City of Bristol School District, City of Norwalk Board of Education, City of Stamford Board of Education, Clayton County Public Schools, Cobb County School District, Connecticut Regional School District No. 10 (Harwinton & Burlington), Coronado Unified School District, DeKalb County School District, Dehesa School District, Del Mar Union School District, Encinitas Union School District, Escondido Union Elementary School District, Escondido Union High School District, Fallbrook Union Elementary School District, Fulton County School District, Grossmont Union High School District, Jamul-Dulzura Union School District, Julian Union High School District, Julian Union School District, La Mesa-Spring Valley School District, Lakeside Joint School District, Lemon Grove School District, Marietta City Schools, Martha's Vineyard High School, McCabe Union School District, Middletown Township Public Schools, Minnesota State Department of Education, Mountain Empire Unified School District, Omaha Public School District, Pennsylvania Department of Education, Pentucket Regional High School, Pomfret CT School District, Ramona Unified School District, Rancho Santa Fe Elementary School District, Readington Township Public Schools, San Diego County Office of Education, San Dieguito Union High School District, San Marcos Unified School District, San Pasqual Union Elementary School District, San Pasqual Valley Unified School District, Santee School District, School Districts in the United States, Seymour Board of Education, Solana Beach Elementary School District, South Carolina Department of Education, Spencer Valley Elementary School District, State Departments of Education in the United States, State of Washington, Sweetwater Union High School District, The New York City Department of Education, Town of Branford School District, Town of Clinton and Clinton Board of Education, Town of Groton and Groton Board of Education, Town of Plainville and Plainville Board of Education, Town of Plymouth and Plymouth Board of Education, Town of Stratford Board of Education, Town of Wallingford and Wallingford Board of Education, Town of Watertown and Watertown Board of Education, Town of Windham and Windham Board of Education, Vallecitos Elementary School District, Valley Center-Pauma Unified School District, Warner Unified School District, Washington State School for the Blind, Washington State School for the Deaf, West Orange Public Schools, fallbrook union high school district, Bill de Blasio, Richard Carranza against C.N., J.J., J.T., K.M. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated November 13, 2020, Plaintiffs' claims against all out-of- state Defendants are DISMISSED without prejudice. The remaining claims against all New York State School Districts outside NYCDOE are SEVERED and DISMISSED without prejudice. Plaintiffs' application for a preliminary injunction is DENIED, and all claims are DISMISSED as against the NYC Defendants. The court sua sponte dismisses all claims against the New York State Education Department; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/13/2020) (Attachments: #1 Right to Appeal) (km)
November 13, 2020 Transmission to Orders and Judgments Clerk. Transmitted re: #200 Order on Motion to Dismiss to the Orders and Judgments Clerk. (mml)
November 13, 2020 Opinion or Order Filing 200 OPINION& ORDER granting #137 Motion to Dismiss. CONCLUSION:For the reasons stated above, Plaintiffs claims against all out-of-state Defendants are DISMISSED without prejudice. The remaining claims against all New York State School Districts outside NYCDOE are SEVERED and DISMISSED without prejudice. Plaintiffs application for a preliminary injunction is DENIED, and all claims are DISMISSED as against the NYC Defendants.The court sua sponte dismisses all claims against the New York State Education Department. The Clerk of Court is directed to close the open motion at Docket Number 137. The motions at Dockets # 74, 92, 94, 96, 98 and 181, which were closed administratively due to the stay imposed by the court, should be closed permanently. This is a written opinion. It is the opinion and order of the Court.. (Signed by Judge Colleen McMahon on 11/13/2020). (mde) (Additional attachment(s) added on 11/13/2020: #1 Appendix) (jwh).
November 10, 2020 Opinion or Order Filing 199 ORDER: I have today received a letter from counsel for Plaintiffs which indicates that he has sent out discovery requests to various parties -- most of them school districts that have not yet appeared in this action, because the court stayed the entire lawsuit, except as against the City of New York, while considering whether a variety of threshold issues raised by the court or in the few motions to dismiss already filed warranted a considerable pruning, if not outright dismissal, of this action. In case Mr. Albert and his organization did not understand me, the court's order was NO DISCOVERY MAY TAKE PLACE. Plaintiffs' counsel may believe that he needs discovery in order to make further response to the court's orders to show cause and/or the papers filed by the City of New York, but the court has taken the position that no such discovery will be allowed. Plaintiffs' counsel may seek to justify his request by telling school districts that have not yet appeared in this action that they can get out from under this lawsuit by giving him information, but to this court that is a discovery request, and he is in direct violation of a court order by seeking such information. Counsel is well aware that this court is considering dismissal of this action against every party ostensibly sued; he has been ordered to stand down while these matters are considered; his behavior borders on the contumacious. Therefore, no party or putative party to this lawsuit needs to, or should, respond to Plaintiffs' out of order discovery requests. Plaintiffs' counsel must immediately return, without making copies, any discovery that he has received from any party to whom such a request was sent. The court does not need to consider, and will not consider, such material in deciding the issues presently under review. Just so the parties are aware, the court is within days of issuing an opinion in this matter that will dispose of many issues. Until that time there is to be no activity whatever in connection with this lawsuit - aside from the return of any discovery materials that were not to have been requested or produced. None. (Signed by Judge Colleen McMahon on 11/10/2020) (mml)
November 10, 2020 Filing 198 LETTER addressed to Judge Colleen McMahon from Peter G. Albert dated 11/10/20 re: RICO Case Statement Exhibits. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit Exhibits A - T (email, letter, and responses)).(Albert, Peter)
November 10, 2020 Opinion or Order Filing 197 MEMO ENDORSED ORDER granting #196 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Attorney Matthew I. Levine terminated. (Signed by Judge Colleen McMahon on 11/9/2020) (mml)
November 5, 2020 Filing 196 MOTION for Matthew I. Levine to Withdraw as Attorney . Document filed by State Departments of Education in the United States..(Levine, Matthew)
October 30, 2020 Opinion or Order Filing 195 ORDER FOR ADMISSION PRO HAC VICE granting #193 Motion for Harry J. Philips, Jr. to Appear Pro Hac Vice. The motion of Harry J. Philips, Jr., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant, Harry J. Philips, Jr. is admitted to practice, Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 10/30/20) (yv)
October 29, 2020 Filing 194 RESPONSE to Motion re: #137 MOTION to Dismiss the Complaint. and Response to Address Sufficiency of RICO Claims. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit NYC Plaintiffs IEP Services).(Albert, Peter)
October 29, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #193 MOTION for Harry J. Philips, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
October 29, 2020 Filing 193 MOTION for Harry J. Philips, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Departments of Education in the United States. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order).(Philips, Harry)
October 29, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #192 MOTION for Harry J. Philips, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22369615. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): The affidavit does not specify the case caption/case number. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
October 29, 2020 Filing 192 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Harry J. Philips, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22369615. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State Departments of Education in the United States. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order).(Philips, Harry) Modified on 10/29/2020 (aea).
October 28, 2020 Opinion or Order Filing 191 ORDER FOR ADMISSION PRO HAC VICE granting #190 MOTION for Jill Robb Ackerman to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/28/2020) (jca)
October 27, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #190 MOTION for Jill Robb Ackerman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22331568. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 27, 2020 Filing 190 MOTION for Jill Robb Ackerman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22331568. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omaha Public School District. (Attachments: #1 Certificates of Good Standing, #2 of Jill Robb Ackerman, #3 Proposed Order).(Ackerman, Jill)
October 26, 2020 Filing 189 MEMO ENDORSEMENT: on re: #187 Letter filed by School Districts in the United States. ENDORSEMENT: Let me be clear: Plaintiffs counsel is to take No steps, either under or outside of the Federal Rule of Civil Procedure, to obtain information to use in the prosecution of this case No defendant need reply to any such request. (Signed by Judge Colleen McMahon on 10/26/2020) (ama)
October 23, 2020 Filing 188 NOTICE OF APPEARANCE by Daniel Joseph Raccuia on behalf of School Districts in the United States..(Raccuia, Daniel)
October 23, 2020 Filing 187 LETTER addressed to Judge Colleen McMahon from Lewis R. Silverman dated October 23, 2020 re: Plaintiffs' Counsel's Contact With School Districts. Document filed by School Districts in the United States. (Attachments: #1 Exhibit Emails Sent To School Districts Requesting Medicaid Information).(Silverman, Lewis)
October 22, 2020 Opinion or Order Filing 186 ORDER TO ADMIT RYAN P. DRISCOLL, ESQUIRE PRO HAC VICE granting #82 Motion for Ryan P. Driscoll to Appear Pro Hac Vice. ORDERED that the defendants' Motion to have Ryan P. Driscoll, Esq. admitted to practice law in the United States District Court for the Southern District of New York Pro Hac Vice in connection with the above captioned case is GRANTED. (Signed by Judge Colleen McMahon on 10/22/2020) (mml)
October 22, 2020 Opinion or Order Filing 185 ORDER FOR ADMISSION PRO HAC VICE granting #184 Motion for Nicholas F. Miller to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 10/22/2020) (mml)
October 20, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #184 MOTION for Nicholas F. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22217165. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 20, 2020 Filing 184 MOTION for Nicholas F. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22217165. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omaha Public School District. (Attachments: #1 Certificates of Good Standing, #2 Affidavit of Nicholas Miller, #3 Proposed Order).(Miller, Nicholas)
October 19, 2020 Opinion or Order Filing 183 ORDER DIRECTING FURTHER RESPONSE: Whether the plaintiffs have a viable RICO claim may affect whether the complaint can or should be dismissed as to most defendants for want of personal jurisdiction. I will, therefore, give the plaintiffs seven business days, or until October 29, 2020, to address the sufficiency of the RICO claim they wish to add to the complaint and that they outlined in the RICO case statement. If there is some reason to obtain further argument from the City of New York, I will ask for it after I see the plaintiffs' papers. (Signed by Judge P. Kevin Castel on 10/19/2020) (jwh)
October 19, 2020 Filing 182 BRIEF IN SUPPORT OF OMAHA PUBLIC SCHOOL DISTRICTS MOTION TO DISMISS. Document filed by Omaha Public School District..(Hollembeak, Jeremiah)
October 19, 2020 Filing 181 NOTICE of MOTION TO DISMISS UNDER FED. R. CIV. P. 12(B)(1), (2), (3), AND (6). Document filed by Omaha Public School District..(Hollembeak, Jeremiah)
October 14, 2020 Opinion or Order Filing 180 ORDER granting #178 Letter Motion for Extension of Time to File Response/Reply. Everyone's obligation to file an answer is stayed pending decision on outstanding motions. (Signed by Judge Colleen McMahon on 10/14/2020) (mml)
October 13, 2020 Filing 179 MEMO ENDORSEMENT on re: #175 Letter filed by J.J., J.T., C.N., K.M. ENDORSEMENT: No discovery of any sort until all motions are decided. (Signed by Judge Colleen McMahon on 10/13/2020) (jca)
October 13, 2020 Filing 178 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint,,, addressed to Judge Colleen McMahon from Jeremiah C. Hollembeak dated 10.13.20. Document filed by Omaha Public School District. Return Date set for 10/16/2020 at 05:00 PM..(Hollembeak, Jeremiah)
October 13, 2020 Filing 177 NOTICE OF APPEARANCE by Jeremiah Charles Hollembeak on behalf of Omaha Public School District..(Hollembeak, Jeremiah)
October 9, 2020 Filing 176 LETTER addressed to Judge Colleen McMahon from Peter G. Albert dated 10/9/2020 re: Retainer Agreement and Temporary Restraining Order. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit Original Retainer Agreement, #2 Exhibit Amendment to Retainer Agreement, #3 Exhibit Revised Retainer Agreement).(Albert, Peter)
October 9, 2020 Filing 175 LETTER addressed to Judge Colleen McMahon from Peter G. Albert dated 10/9/2020 re: Request to "so order" subpoena. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Subpoena, #2 Subpoena).(Albert, Peter)
October 8, 2020 Filing 174 NOTICE OF APPEARANCE by Darren P Cunningham on behalf of State Departments of Education in the United States..(Cunningham, Darren)
October 6, 2020 Filing 173 NOTICE OF APPEARANCE by Daniel Joseph Raccuia on behalf of School Districts in the United States..(Raccuia, Daniel)
October 6, 2020 Opinion or Order Filing 172 ORDER ON MOTION TO ENROLL PRO HAC VICE granting #169 Motion for James Garrison Evans to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice In the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 10/6/2020) (mml)
October 6, 2020 Opinion or Order Filing 171 ORDER ON MOTION TO ENROLL PRO HAC VICE granting #168 Motion for Jacqueline B. Wilson to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 10/6/2020) (mml)
October 6, 2020 Filing 170 NOTICE OF APPEARANCE by Ryan Patrick Driscoll on behalf of Town of Stratford Board of Education, City of Norwalk Board of Education, City of Stamford Board of Education, City of Bridgeport Board of Education..(Driscoll, Ryan)
October 5, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #169 MOTION for James Garrison Evans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21983962. Motion and supporting papers to be reviewed by Clerk's Office staff., #168 MOTION for Jacqueline B. Wilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21983498. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
October 5, 2020 Filing 169 MOTION for James Garrison Evans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21983962. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by School Districts in the United States. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing, #3 Affidavit of James G. Evans).(Evans, James)
October 5, 2020 Filing 168 MOTION for Jacqueline B. Wilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21983498. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by School Districts in the United States. (Attachments: #1 Affidavit Affidavit of Jacqueline Wilson, #2 Exhibit Certificate of Good Standing - LA, #3 Text of Proposed Order).(Wilson, Jacqueline)
October 5, 2020 Filing 167 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 10/5/2020, answer due 10/26/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 166 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/29/2020, answer due 10/20/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 165 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/26/2020, answer due 10/19/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 164 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/25/2020, answer due 10/16/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 163 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/24/2020, answer due 10/15/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 162 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/23/2020, answer due 10/14/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 161 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/22/2020, answer due 10/13/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 160 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/21/2020, answer due 10/13/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 159 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/17/2020, answer due 10/8/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 5, 2020 Filing 158 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 9/15/2020, answer due 10/6/2020. Service was made by Mail. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
October 2, 2020 Filing 157 REPLY MEMORANDUM OF LAW in Support re: #137 MOTION to Dismiss the Complaint. . Document filed by Richard Carranza. (Attachments: #1 Exhibit Corwin decision).(Richter, Marilyn)
October 1, 2020 Filing 156 LETTER addressed to Judge Colleen McMahon from Peter G. Albert dated 10/1/20 re: Redacted Documents Filed Pursuant to Dkt. Entry No. 145. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit Redacted Original Retainer Agreements (A-A), #2 Exhibit Redacted Original Retainer Agreements (A-B), #3 Exhibit Redacted Original Retainer Agreements (B-B), #4 Exhibit Redacted Original Retainer Agreements (B-B), #5 Exhibit Redacted Original Retainer Agreements (C-C), #6 Exhibit Redacted Original Retainer Agreements (C-C), #7 Exhibit Redacted Original Retainer Agreements (C-C), #8 Exhibit Redacted Original Retainer Agreements (C-D), #9 Exhibit Redacted Original Retainer Agreements (D-D), #10 Exhibit Redacted Original Retainer Agreements (D-D), #11 Exhibit Redacted Original Retainer Agreements (F-F), #12 Exhibit Redacted Original Retainer Agreements (F-G), #13 Exhibit Redacted Original Retainer Agreements (G-H), #14 Exhibit Redacted Original Retainer Agreements (G-G), #15 Exhibit Redacted Original Retainer Agreements (H-H), #16 Exhibit Redacted Original Retainer Agreements (H-H), #17 Exhibit Redacted Original Retainer Agreements (H-H), #18 Exhibit Redacted Original Retainer Agreements (J-J), #19 Exhibit Redacted Original Retainer Agreements (K-K), #20 Exhibit Redacted Original Retainer Agreements (K-K), #21 Exhibit Redacted Original Retainer Agreements (L-L), #22 Exhibit Redacted Original Retainer Agreements (L-L), #23 Exhibit Redacted Original Retainer Agreements (M-M)A), #24 Exhibit Redacted Original Retainer Agreements (M-M), #25 Exhibit Redacted Original Retainer Agreements (M-N), #26 Exhibit Redacted Original Retainer Agreements (M-N), #27 Exhibit Redacted Original Retainer Agreements (N-O), #28 Exhibit Redacted Original Retainer Agreements (O-P), #29 Exhibit Redacted Original Retainer Agreements (P-P), #30 Exhibit Redacted Original Retainer Agreements (P-P), #31 Exhibit Redacted Original Retainer Agreements (P-R), #32 Exhibit Redacted Original Retainer Agreements (R-R), #33 Exhibit Redacted Original Retainer Agreements (R-S), #34 Exhibit Redacted Original Retainer Agreements (S-SA), #35 Exhibit Redacted Original Retainer Agreements (S-SA), #36 Exhibit Redacted Original Retainer Agreements (S-T), #37 Exhibit Redacted Original Retainer Agreements (T-T), #38 Exhibit Redacted Original Retainer Agreements (T-T), #39 Exhibit Redacted Original Retainer Agreements (T-V), #40 Exhibit Redacted Original Retainer Agreements (W-W), #41 Exhibit Redacted List of Due Process Requests).(Albert, Peter)
October 1, 2020 Filing 155 LETTER addressed to Judge Colleen McMahon from Eric L. Harrison, Esq. dated October 1, 2020 re: Correspondence from attorney Amelia Carolla. Document filed by Certain School Districts Located in the State of California, Certain School Districts Located in the State of Virginia, Cherry Hill Public Schools, Middletown Township Public Schools, Readington Township Public Schools, School Districts in the United States, West Orange Public Schools. (Attachments: #1 Exhibit Letter from A. Carolla).(Harrison, Eric)
September 30, 2020 Opinion or Order Filing 154 ORDER granting #153 Letter Motion for Extension of Time to File Response/Reply. OK. Replies due by 10/2/2020. (Signed by Judge Colleen McMahon on 9/30/2020) (jca)
September 29, 2020 Filing 153 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Mark G. Toews dated September 29, 2020. Document filed by Richard Carranza, The New York City Department of Education, Bill de Blasio. (Attachments: #1 Exhibit A).(Toews, Mark)
September 28, 2020 Filing 152 LETTER addressed to Judge Colleen McMahon from Louis F. Eckert, Esq. dated Sept. 28, 2020 re: Violation of the Court's TRO. Document filed by City of Bristol School District..(Long, Christopher)
September 27, 2020 Filing 151 LETTER addressed to Judge Colleen McMahon from Peter G. Albert dated 9/27/20 re: Letter from Counsel - Dkt. Entry No. 146. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 25, 2020 Filing 150 REPLY MEMORANDUM OF LAW in Support re: #137 MOTION to Dismiss the Complaint. . Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 25, 2020 Filing 149 REPLY AFFIRMATION of Peter G. Albert in Support re: #137 MOTION to Dismiss the Complaint.. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit A - Redacted IEPs, #2 Exhibit A - Redacted IEPs, #3 Exhibit A - Redacted IEPs, #4 Exhibit A - Redacted IEPs, #5 Exhibit A - Redacted IEPs, #6 Exhibit A - Redacted IEPs, #7 Exhibit A - Redacted IEPs, #8 Exhibit A - Redacted IEPs, #9 Exhibit A - Redacted IEPs, #10 Exhibit A - Redacted IEPs, #11 Exhibit A - Redacted IEPs, #12 Exhibit A - Redacted IEPs, #13 Exhibit B - IHO Emails).(Albert, Peter)
September 25, 2020 Filing 148 REPLY AFFIRMATION of Peter G. Albert in Support re: #137 MOTION to Dismiss the Complaint.. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit A - Redacted IEPs, #2 Exhibit A - Redacted IEPs, #3 Exhibit A - Redacted IEPs, #4 Exhibit A - Redacted IEPs, #5 Exhibit A - Redacted IEPss, #6 Exhibit A - Redacted IEPs, #7 Exhibit A - Redacted IEPs, #8 Exhibit A - Redacted IEPs, #9 Exhibit A - Redacted IEPs, #10 Exhibit A - Redacted IEPs, #11 Exhibit A - Redacted IEPs, #12 Exhibit A - Redacted IEPs, #13 Exhibit A- Redacted IEPs, #14 Exhibit A - Redacted IEPs, #15 Exhibit A - Redacted IEPs, #16 Exhibit A - Redacted IEPs, #17 Exhibit A - Redacted IEPs, #18 Exhibit A - Redacted IEPs, #19 Exhibit A - Redacted IEPs, #20 Exhibit A - Redacted IEPs, #21 Exhibit A - Redacted IEPs, #22 Exhibit A - Redacted IEPs, #23 Exhibit A - Redacted IEPs).(Albert, Peter)
September 25, 2020 Filing 147 NOTICE OF APPEARANCE by Randall C. Farmer on behalf of Clayton County Public Schools, Cobb County School District, DeKalb County School District, Marietta City Schools..(Farmer, Randall)
September 25, 2020 Filing 146 LETTER addressed to Judge Colleen McMahon from Jill M. O'Toole dated September 25, 2020 re: Violation of Courts Order to Show Cause. Document filed by School Districts in the United States. (Attachments: #1 Exhibit A).(O'Toole, Jill)
September 22, 2020 Opinion or Order Filing 145 ORDER DENYING LEAVE TO AMEND THE COMPLAINT WITHOUT PREJUDICE AND ADDRESSING THE ORDER TO SHOW CAUSE ISSUED BY THE COURT ON SEPTEMBER 14, 2020 denying #134 Letter Motion to Seal. In response to the September 14 Order to Show Cause, Mr. Albert filed - under seal - a list of the 199 impartial due process hearings commenced on behalf of putative class members. (Docket #142.) He filed all pertinent retainer agreements with the court (filed ex parte at Docket #143, 144) and represented that all of the agreements were "virtually identical." (Docket #133 at 2.) Mr. Albert also filed a motion for permission to file these documents under seal, presumably to protect the identity of the minor children involved. (Docket #134.) Motion to File Under Seal (Docket # 134) The motion to file under seal is DENIED. The retainer agreements that were filed with the court contain the names of the children receiving services under IDEA, which must be redacted. So must the names of their parents (which should be indicated by initials, as they normally are in IDEA case filings) and the parents' email addresses. But the terms of the retainer agreement contain nothing that could possibly be deemed "confidential information," and there is no reason for these documents to be filed under seal if they are properly redacted. Similarly the list of the due process hearings that BIRG has initiated, purportedly pursuant to those retainer agreements, can be redacted to remove the names of the children and the full names of the parents, and can otherwise be filed without sealing. Unredacted originals should of course be filed under seal, but that does not excuse the failure to file publicly so much of these documents as does not reveal the identity of a child with a learning disability. The Order to Show Cause Dated September 14, 2020 (Docket # 128) The court has reviewed the retainer agreements and finds the argument that they authorize the commencement of impartial due process hearings on behalf of individual children deeply troubling, as further set forth. The Motion for Leave to Amend the Complaint (Docket #133) In his September 16 letter, Mr. Albert seeks leave to amend the complaint in order to add some named plaintiffs and drop others, as well as to amplify his RICO allegations in light of his RICO case statement. (Docket #133 at 2.) The motion is denied without prejudice. Fed. R. Civ. P. 1 requires this court to make sure that this action is disposed of in the most just, speedy, and inexpensive manner possible. Allowing an amendment of the complaint at this juncture would accomplish none of the above. The City of New York has filed its motion to dismiss the complaint on the merits and that motion is addressed to the complaint already on file. I intend to rule on that motion before we start amending pleadings, because the City has already gone to the trouble of responding to the original complaint and its response raises serious substantive issues that would not be cured by the proposed amendments. Indeed, once that motion is decided, it could render further amendment futile, in whole or in part. Additionally, the court has yet to rule on BIRG's responses to the court's Order to Show Cause dated September 2, 2020. (Docket #84, 122, 123, 124) That ruling may well eliminate much of what is contained in the current pleading and could require substantial further amendment of the pleading as a result. In order to eliminate the very real possibility of serial amendments, this court intends to see what can be pruned permanently from this case as originally filed. The amendments proposed by BIRG will not address any of these issues. The addition or subtraction of named plaintiffs need not take place at this moment. And there is no reason to amend the complaint to conform its bare bones RICO allegations to the RICO case statement that was recently filed. Under this court's individual rules, the civil RICO statement is considered to be part of and integral to the complaint; it is something that I consider on a motion to dismiss. I will address the matters set forth at Docket # 121, 122, 123 and 124 in the same opinion in which I deal with the City's motion to dismiss the complaint. Mr. Albert should get his response to that motion in promptly. (Signed by Judge Colleen McMahon on 9/22/2020) (mml)
September 18, 2020 Filing 144 ***EX-PARTE***RESPONSE TO ORDER TO SHOW CAUSE re: #128 Order to Show Cause,,,,,,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit B - Ret Agreements (A-B), #2 Exhibit B - Retainer Agreements (A-B)), #3 Exhibit B - Retainer Agreements (A-B)), #4 Exhibit B - Retainer Agreements (A-B)), #5 Exhibit B - Retainer Agreements (B-D), #6 Exhibit B - Retainer Agreements (B-D)), #7 Exhibit B - Retainer Agreements (B-D), #8 Exhibit B - Retainer Agreements (B-D), #9 Exhibit B - Retainer Agreements (B-D), #10 Exhibit B - Retainer Agreements (J-L), #11 Exhibit B - Retainer Agreements (J-L), #12 Exhibit B - Retainer Agreements (J-L), #13 Exhibit B - Retainer Agreements (J-L), #14 Exhibit B - Retainer Agreements (L-M), #15 Exhibit B - Retainer Agreements (L-M, #16 Exhibit B - Retainer Agreements (L-M, #17 Exhibit B - Retainer Agreements (L-M)Motion or Order to File Under Seal: #134 .(Albert, Peter)
September 18, 2020 Filing 143 ***EX-PARTE***RESPONSE TO ORDER TO SHOW CAUSE re: #128 Order to Show Cause,,,,,,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit B - Ret Agreements (D-G), #2 Exhibit B - Retainer Agreements (G-H), #3 Exhibit B - Retainer Agreements (M-P), #4 Exhibit B - Retainer Agreements (P-S), #5 Exhibit B - Retainer Agreements (S-T), #6 Exhibit B - Retainer Agreements (T-W))Motion or Order to File Under Seal: #134 .(Albert, Peter)
September 18, 2020 Filing 142 ***EX-PARTE***RESPONSE TO ORDER TO SHOW CAUSE re: #128 Order to Show Cause,,,,,,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Exhibit A - Impartial Due Process Complaints)Motion or Order to File Under Seal: #134 .(Albert, Peter)
September 18, 2020 Filing 141 RESPONSE TO ORDER TO SHOW CAUSE re: #128 Order to Show Cause,,,,,,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 18, 2020 Filing 140 MEMORANDUM OF LAW in Support re: #137 MOTION to Dismiss the Complaint. and in Opposition to Plaintiffs' request for a Preliminary Injunction. Document filed by Richard Carranza, The New York City Department of Education, Bill de Blasio..(Toews, Mark)
September 18, 2020 Filing 139 DECLARATION of Christina Foti in Support re: #137 MOTION to Dismiss the Complaint.. Document filed by Richard Carranza, The New York City Department of Education, Bill de Blasio. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit B, #4 Exhibit C).(Toews, Mark)
September 18, 2020 Filing 138 DECLARATION of Demetre Daskalakis in Support re: #137 MOTION to Dismiss the Complaint.. Document filed by Richard Carranza, The New York City Department of Education, Bill de Blasio..(Toews, Mark)
September 18, 2020 Filing 137 MOTION to Dismiss the Complaint. Document filed by Richard Carranza, The New York City Department of Education, Bill de Blasio..(Toews, Mark)
September 18, 2020 Filing 136 LETTER addressed to Judge Colleen McMahon from Adam I. Kleinberg dated 09/18/2020 re: Hicksville Union Free School District. Document filed by School Districts in the United States. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kleinberg, Adam)
September 16, 2020 Filing 135 ***EX-PARTE***REDACTION to #134 LETTER MOTION to Seal Documents addressed to Judge Colleen McMahon from Peter G. Albert dated 9/16/20. by C.N., J.J., J.T., K.M. (Attachments: #1 Exhibit Retainer Agreement, #2 Exhibit Retainer Agreement, #3 Exhibit Retainer Agreement)Motion or Order to File Under Seal: #134 .(Albert, Peter)
September 16, 2020 Filing 134 LETTER MOTION to Seal Documents addressed to Judge Colleen McMahon from Peter G. Albert dated 9/16/20. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 16, 2020 Filing 133 LETTER addressed to Judge Colleen McMahon from Peter G. Albert dated 9/16/20 re: Interim Response to Order to Show Cause. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 16, 2020 Filing 132 LETTER addressed to Judge Colleen McMahon from Jonathan G. Brush and Amy Demmler dated September 16, 2020 re: advisory to the Court. Document filed by Austin Independent School District..(Brush, Jonathan)
September 16, 2020 Opinion or Order Filing 131 ORDER CANCELLING CONFERENCE: The pre-trial conference that was scheduled for Friday, September 18, 2020 is cancelled. The parties need not appear at this time. SO ORDERED. (Signed by Judge Colleen McMahon on 9/16/2020) (mml)
September 15, 2020 Filing 130 NOTICE OF APPEARANCE by Eric Labes Harrison on behalf of Middletown Township Public Schools, Cherry Hill Public Schools, West Orange Public Schools, Readington Township Public Schools, Certain School Districts Located in the State of Virginia, Certain School Districts Located in the State of California. (Attachments: #1 Exhibit Rider).(Harrison, Eric)
September 14, 2020 Filing 129 LETTER addressed to Judge Colleen McMahon from Timothy J. Mullins dated September 14, 2020 re: Plaintiff's Counsel's Misconduct. Document filed by MICHIGAN ASSOCIATION OF SCHOOL BOARDS. (Attachments: #1 Exhibit Letter from Family).(Mullins, Timothy)
September 14, 2020 Opinion or Order Filing 128 ORDER TO SHOW CAUSE AND SUA SPONTE TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that plaintiff's counsel, Peter Glenn Albert of the Brain Rights Injury Group, shall provide the court, on or before Friday, September 18, 2020, with (1) a list of all impartial due process hearings that he has commenced on behalf of any putative member of the plaintiff class in any state beginning on June 1, 2020, and continuing through the date of this order, together with (2) a copy of the retainer letter by which counsel was specifically authorized to commence said impartial due process hearing, as required by 22 NYC RR 1215.1 (a) and (b)(1), or in the alternative, if Mr. Albert is not admitted to the practice of law in the State of New York and so is not subject to the rules governing attorneys at law in New York, a copy of any retainer letter than may be required by the laws or regulations of any state in which Mr. Albert is admitted to practice; and Sufficient cause having been shown to warrant an order preserving the status quo until the court can inquire into the serious allegations of impropriety that have been leveled against plaintiffs counsel, IT IS FURTHER ORDERED that, effective immediately, plaintiffs counsel, Peter Glenn Albert of the Brain Rights Injury Group, is temporarily restrained and enjoined from commencing any impartial due process hearing on behalf of any member of the putative plaintiff class in any jurisdiction unless the parents/guardian(s) of said child have, prior to the commencement of any such proceeding, signed a retainer letter that complies with the requirements of 22 NYCRR 1215.1 or of such other state in which Mr. Albert is admitted to the practice of law. Mr. Albert is hereby placed on notice that this inquiry may result in his being referred to the Grievance Committee of this Court and/or to the Disciplinary Committee of any Department in which he is admitted to practice in the State of New York. (Signed by Judge Colleen McMahon on 9/14/2020) (jca)
September 14, 2020 Filing 127 MEMO ENDORSEMENT granting #119 MOTION for Timothy J. Mullins to Appear Pro Hac Vice. ENDORSEMENT: Motion granted. (Signed by Judge Colleen McMahon on 9/14/2020) (jca)
September 14, 2020 Filing 126 NOTICE of Filing Certificates Good Standing in Support of Motion Admission Pro Hac Vice as to Ryan P. Driscoll re: #82 MOTION for Ryan P. Driscoll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21457150. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by School Districts in the United States..(LeClerc, Bryan)
September 12, 2020 Filing 125 NOTICE OF APPEARANCE by Clement John Colucci, III on behalf of State Departments of Education in the United States..(Colucci, Clement)
September 11, 2020 Filing 124 RESPONSE TO ORDER TO SHOW CAUSE re: #84 Order to Show Cause,,,,,,,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 11, 2020 Filing 123 RESPONSE TO ORDER TO SHOW CAUSE re: #84 Order to Show Cause,,,,,,,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 11, 2020 Filing 122 RESPONSE TO ORDER TO SHOW CAUSE re: #84 Order to Show Cause,,,,,,,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 11, 2020 Filing 121 RICO STATEMENT . Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 11, 2020 Filing 120 LETTER addressed to Judge Colleen McMahon from Timothy J. Mullins dated September 10, 2020 re: Ethical Concern. Document filed by MICHIGAN ASSOCIATION OF SCHOOL BOARDS..(Mullins, Timothy)
September 11, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #119 MOTION for Timothy J. Mullins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21613010. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
September 11, 2020 Filing 119 MOTION for Timothy J. Mullins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21613010. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MICHIGAN ASSOCIATION OF SCHOOL BOARDS. (Attachments: #1 index of exhibits, #2 Exhibit 1. Certificate of Good Standing, #3 Exhibit 2. Affidavit, #4 Exhibit 3. Letter to judge).(Mullins, Timothy)
September 10, 2020 Opinion or Order Filing 118 MEMO ENDORSEMENT on re: #110 Letter filed by School Districts in the United States. ENDORSEMENT: This will be addressed by an appropriate order in due course. Thank you for calling it to my attention. (Signed by Judge Colleen McMahon on 9/10/2020) (rro)
September 10, 2020 Filing 117 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. State Departments of Education in the United States served on 8/26/2020, answer due 9/16/2020. Service was made by Email. Document filed by J.T.; C.N.; J.J.; K.M.. (Attachments: #1 Rider).(Albert, Peter)
September 10, 2020 Filing 116 CERTIFICATE OF SERVICE of Summons and Complaint,,,. State Departments of Education in the United States served on 8/21/2020, answer due 9/11/2020. Service was made by Email. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
September 10, 2020 Filing 115 CERTIFICATE OF SERVICE of Summons and Complaint,,,. State Departments of Education in the United States served on 8/13/2020, answer due 9/3/2020. Service was made by Email. Document filed by J.T.; C.N.; J.J.; K.M...(Albert, Peter)
September 10, 2020 Opinion or Order Filing 114 ORDER FOR ADMISSION PRO HAC VICE granting #107 Motion for Randall L. Winet to Appear Pro Hac Vice. IT IS HEREBY ORDERED that applicant RANDALL L. WINET is admitted to practice Pro Hac Vice in the above-captioned case in the United States District for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of the court, including Rules governing discipline of attorneys. Counsel has paid the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Colleen McMahon on 9/10/2020) (mml)
September 10, 2020 Filing 113 NOTICE of Notice of Filing Certificate of Good Standing (Relating to Doc. No. 107) re: #107 MOTION for Randall L. Winet to Appear Pro Hac Vice Corrected Motion To Appeal Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Alpine Union School District, Bonsall Union School District, Borrego Springs Unified School District, Cardiff Elementary School District, Carlsbad Unified School District, Chula Vista Elementary School District, Coronado Unified School District, Dehesa School District, Del Mar Union School District, Encinitas Union School District, Escondido Union Elementary School District, Escondido Union High School District, Fallbrook Union Elementary School District, Grossmont Union High School District, Jamul-Dulzura Union School District, Julian Union High School District, Julian Union School District, La Mesa-Spring Valley School District, Lakeside Joint School District, Lemon Grove School District, McCabe Union School District, Mountain Empire Unified School District, Ramona Unified School District, Rancho Santa Fe Elementary School District, San Diego County Office of Education, San Dieguito Union High School District, San Marcos Unified School District, San Pasqual Union Elementary School District, San Pasqual Valley Unified School District, Santee School District, Solana Beach Elementary School District, Spencer Valley Elementary School District, Sweetwater Union High School District, Vallecitos Elementary School District, Valley Center-Pauma Unified School District, Warner Unified School District, fallbrook union high school district. (Attachments: #1 Exhibit Certificate of Good Standing).(Winet, Randall)
September 10, 2020 Opinion or Order Filing 112 ORDER FOR ADMISSION PRO HAC VICE granting #111 Motion for Randall C. Farmer to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Randall C. Farmer, Esq. is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 9/10/2020) (mml)
September 9, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #111 FIRST MOTION for Randall C. Farmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21573251. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 9, 2020 Filing 111 FIRST MOTION for Randall C. Farmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21573251. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clayton County Public Schools, Cobb County School District, DeKalb County School District, Marietta City Schools. (Attachments: #1 Affidavit Affidavit of Randall C. Farmer, #2 Exhibit Certificate of Good Standing of Randall C. Farmer, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Draper, Matthew)
September 9, 2020 Filing 110 LETTER addressed to Judge Colleen McMahon from Lewis R. Silverman dated September 9, 2020 Document filed by School Districts in the United States..(Silverman, Lewis)
September 9, 2020 Filing 109 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. School Districts in the United States served on 8/28/2020, answer due 9/18/2020. Service was made by Email. Document filed by J.T.; C.N.; J.J.; K.M.. (Attachments: #1 Rider List of School Districts Served).(Albert, Peter)
September 4, 2020 Filing 108 NOTICE OF APPEARANCE by Janice Louise Birnbaum on behalf of Richard Carranza, The New York City Department of Education, Bill de Blasio..(Birnbaum, Janice)
September 4, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #107 MOTION for Randall L. Winet to Appear Pro Hac Vice Corrected Motion To Appeal Pro Hac Vice. The Attorney will submit the certificate of Good Standing from the California Supreme Court once it is received.. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 4, 2020 Filing 107 MOTION for Randall L. Winet to Appear Pro Hac Vice Corrected Motion To Appeal Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpine Union School District, Bonsall Union School District, Borrego Springs Unified School District, Cardiff Elementary School District, Carlsbad Unified School District, Chula Vista Elementary School District, Coronado Unified School District, Dehesa School District, Del Mar Union School District, Encinitas Union School District, Escondido Union Elementary School District, Escondido Union High School District, Fallbrook Union Elementary School District, Grossmont Union High School District, Jamul-Dulzura Union School District, Julian Union High School District, Julian Union School District, La Mesa-Spring Valley School District, Lakeside Joint School District, Lemon Grove School District, McCabe Union School District, Mountain Empire Unified School District, Ramona Unified School District, Rancho Santa Fe Elementary School District, San Diego County Office of Education, San Dieguito Union High School District, San Marcos Unified School District, San Pasqual Union Elementary School District, San Pasqual Valley Unified School District, Santee School District, Solana Beach Elementary School District, Spencer Valley Elementary School District, Sweetwater Union High School District, Vallecitos Elementary School District, Valley Center-Pauma Unified School District, Warner Unified School District, fallbrook union high school district. (Attachments: #1 Affidavit Corrected Affidavit of Attorney Randall L. Winet for Admission Pro Hac Vice, #2 Text of Proposed Order Corrected (Proposed) Order Granting Admission Pro Hac Vice).(Winet, Randall)
September 3, 2020 Filing 106 LETTER addressed to Judge Colleen McMahon from Peter G. Albert dated 9/3/20 re: List of NYC Students' Names and Birth Dates. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
September 3, 2020 Filing 105 NOTICE OF APPEARANCE by Christopher Andrew Long on behalf of City of Bristol School District, Martha's Vineyard High School, Pentucket Regional High School, Pomfret CT School District, Seymour Board of Education, Town of Branford School District, Town of Clinton and Clinton Board of Education, Town of Groton and Groton Board of Education, Town of Plainville and Plainville Board of Education, Town of Plymouth and Plymouth Board of Education, Town of Wallingford and Wallingford Board of Education, Town of Watertown and Watertown Board of Education, Town of Windham and Windham Board of Education..(Long, Christopher)
September 3, 2020 Filing 104 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Louis F. Eckert, Esq. dated 9/3/2020. Document filed by City of Bristol School District, Martha's Vineyard High School, Pentucket Regional High School, Pomfret CT School District, Seymour Board of Education, Town of Branford School District, Town of Clinton and Clinton Board of Education, Town of Groton and Groton Board of Education, Town of Plainville and Plainville Board of Education, Town of Plymouth and Plymouth Board of Education, Town of Wallingford and Wallingford Board of Education, Town of Watertown and Watertown Board of Education, Town of Windham and Windham Board of Education..(Long, Christopher)
September 3, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #103 MOTION for Randall L. Winet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21474037. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from a state bar registrar from this state.; Attorney Affidavit not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) Modified on 9/4/2020 (bcu).
September 3, 2020 Filing 103 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Randall L. Winet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21474037. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpine Union School District, Bonsall Union School District, Borrego Springs Unified School District, Cardiff Elementary School District, Carlsbad Unified School District, Chula Vista Elementary School District, Coronado Unified School District, Dehesa School District, Del Mar Union School District, Encinitas Union School District, Escondido Union Elementary School District, Escondido Union High School District, Fallbrook Union Elementary School District, fallbrook union high school district, Grossmont Union High School District, Jamul-Dulzura Union School District, Julian Union School District, Julian Union High School District, La Mesa-Spring Valley School District, Lakeside Joint School District, Lemon Grove School District, McCabe Union School District, Mountain Empire Unified School District, Ramona Unified School District, Rancho Santa Fe Elementary School District, San Diego County Office of Education, San Dieguito Union High School District, San Marcos Unified School District, San Pasqual Union Elementary School District, San Pasqual Valley Unified School District, Santee School District, Solana Beach Elementary School District, Spencer Valley Elementary School District, Sweetwater Union High School District, Vallecitos Elementary School District, Valley Center-Pauma Unified School District, Warner Unified School District. (Attachments: #1 Affidavit Affidavit of Randall L. Winet for Admission Pro Hac Vice, #2 Text of Proposed Order Order For Admission Pro Hac Vice (Proposed)).(Winet, Randall) Modified on 9/3/2020 (bcu).
September 3, 2020 Filing 102 NOTICE OF APPEARANCE by Alexander Thomas Korn on behalf of Pennsylvania Department of Education..(Korn, Alexander)
September 3, 2020 Filing 101 NOTICE OF APPEARANCE by Christopher Andrew Long on behalf of City of Bristol School District, Martha's Vineyard High School, Pentucket Regional High School, Town of Branford School District, Town of Clinton and Clinton Board of Education, Pomfret CT School District, Town of Plainville and Plainville Board of Education, Seymour Board of Education, Town of Watertown and Watertown Board of Education, Town of Windham and Windham Board of Education, Town of Groton and Groton Board of Education, Town of Wallingford and Wallingford Board of Education, Town of Plymouth and Plymouth Board of Education..(Long, Christopher)
September 2, 2020 Filing 100 NOTICE OF APPEARANCE by Corinne Elisabeth Atton on behalf of Clayton County Public Schools, Cobb County School District, DeKalb County School District, Marietta City Schools..(Atton, Corinne)
September 2, 2020 Filing 99 MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss Notice of Marietta City Schools' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Marietta City Schools' Memorandum of Law in Support of Its Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by Marietta City Schools..(Draper, Matthew)
September 2, 2020 Filing 98 MOTION to Dismiss Notice of Marietta City Schools' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by Marietta City Schools..(Draper, Matthew)
September 2, 2020 Filing 97 MEMORANDUM OF LAW in Support re: #96 MOTION to Dismiss Notice of DeKalb County School District's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). DeKalb County School District's Memorandum of Law in Support of Its Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by DeKalb County School District. (Attachments: #1 Exhibit 1 - Aug. 12, 2020 Email).(Draper, Matthew)
September 2, 2020 Filing 96 MOTION to Dismiss Notice of DeKalb County School District's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by DeKalb County School District..(Draper, Matthew)
September 2, 2020 Filing 95 MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Notice of Cobb County School District's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Cobb County School District's Memorandum of Law in Support of Its Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by Cobb County School District. (Attachments: #1 Exhibit 1 - Aug. 12, 2020 Email).(Draper, Matthew)
September 2, 2020 Filing 94 MOTION to Dismiss Notice of Cobb County School District's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by Cobb County School District..(Draper, Matthew)
September 2, 2020 Filing 93 MEMORANDUM OF LAW in Support re: #92 MOTION to Dismiss Notice of Clayton County Public Schools' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Clayton County Public Schools' Memorandum of Law in Support of Its Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by Clayton County Public Schools..(Draper, Matthew)
September 2, 2020 Filing 92 MOTION to Dismiss Notice of Clayton County Public Schools' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (2), (3), (4), (5), and (6). Document filed by Clayton County Public Schools..(Draper, Matthew)
September 2, 2020 Filing 91 NOTICE OF APPEARANCE by Matthew Eaton Draper on behalf of Clayton County Public Schools, Cobb County School District, DeKalb County School District, Marietta City Schools..(Draper, Matthew)
September 2, 2020 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #88 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Peter Albert : This is a Duplicate Document. Do Not Re-File. (dt)
September 2, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #90 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. The OTSC was filed Without Emergency relief, but it has a TRO. (dt)
September 2, 2020 Filing 90 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Declaration in Support, #2 Appendix A - D.T. IEP, #3 Appendix B - S.M. IEP, #4 Appendix C - M.M. IEP, #5 Appendix D - Z.J. IEP, #6 Appendix E - V.N. IEP, #7 Memorandum of Law in Support).(Albert, Peter) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
September 2, 2020 Set/Reset Deadlines: Richard Carranza answer due 9/18/2020; The New York City Department of Education answer due 9/18/2020; Bill de Blasio answer due 9/18/2020. Responses due by 9/18/2020, Replies due by 9/25/2020. (jca)
September 2, 2020 Opinion or Order Filing 89 ORDER granting #62 FIRST LETTER MOTION for Extension of Time. Plaintiffs have until Friday at noon to identify by full name and birth date any student whose identity has been requested by the Corporation Counsel. Just name and birth date - nothing more. Whether this information is really necessary in order for NYCDOE to respond on the merits to Plaintiffs' claim for a preliminary injunction is not at all clear to me, but I am not going to dictate to the City what should and should not be in its response. By the way, there will be no TRO; Judge Woods did not grant one, no separate application for a TRO has been made to me, and I would not grant one if it were. I have no intention of ordering the New York City schools to do anything during a pandemic on the basis of an ex parte application, especially when I have already identified what appear to me to be numerous defects in the pleading that commences the lawsuit. I grant the City's motion for a two week adjournment of its time to file a response to the motion for a preliminary injunction. Plaintiffs have other things to do between now and September 11. They must file their reply to the City's response on the preliminary injunction motion by September 25. (Signed by Judge Colleen McMahon on 9/2/2020) (jca)
September 2, 2020 Filing 88 FILING ERROR - DUPLICATE DOCKET ENTRY PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 9/2/2020 (dt).
September 2, 2020 Filing 87 LETTER MOTION for Extension of Time to Respond to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and to File a Motion to Dismiss addressed to Judge Colleen McMahon from Adam S. Mocciolo, Esq. dated September 2, 2020. Document filed by Connecticut Regional School District No. 10 (Harwinton & Burlington)..(Mocciolo, Adam)
September 2, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 MOTION for Ryan P. Driscoll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21457150. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. The attorney states in the affidavit due to COVID-19 cannot obtain Certificates of Good Standing within the necessary time frame. The attorney needs to file a Certificate of Good Standing from New Jersey, New York, and Connecticut once received. (aea)
September 2, 2020 Filing 86 NOTICE OF APPEARANCE by Adam S. Mocciolo on behalf of Connecticut Regional School District No. 10 (Harwinton & Burlington)..(Mocciolo, Adam)
September 2, 2020 Filing 85 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from AAG Matthew Levine, AAG Henry Salton, AAG Darren P. Cunningham, and AAG Timothy Holzman dated September 1, 2020. Document filed by State Departments of Education in the United States..(Levine, Matthew)
September 2, 2020 Set/Reset Deadlines: Brief due by 9/11/2020. (rjm)
September 2, 2020 Opinion or Order Filing 84 ORDER TO SHOW CAUSE. The court harbors considerable doubt that it has jurisdiction over any school district in any state other than New York, where it sits. Therefore, Plaintiffs are ORDERED TO SHOW CAUSE, in a brief of no more than ten double spaced pages, why the complaint should not be dismissed as against all school districts from the other 49 states, and as further specified in paragraph 1 of this Order to Show Cause. Many of the school districts in New York State lie in districts other than this one. Plaintiff is ORDERED TO SHOW CAUSE, in a brief of no more than ten double spaced pages, why venue is proper in this district as to any school district located in the Eastern, Western or Northern Districts of New York, and as further specified in paragraph 2 of this Order to Show Cause. Plaintiffs are ORDERED TO SHOW CAUSE, in a brief of no more than ten double spaced pages, why all Defendants other than the New York City Department of Education should not be severed and the complaint dismissed against them, without prejudice to the institution of individual actions against any district that is allegedly refusing to comply with IDEA during the pandemic. These briefs are due to be filed with the court no later than Friday, September 11, 2020. All briefing by any Defendant on Plaintiffs' motion for a preliminary injunction is stayed, except as to the New York City Department of Education, over which the court has undoubted jurisdiction, as to which venue is proper, and as to which any lawsuit is properly filed in the Foley Square courthouse in the Southern District of New York. The City must file its opposition to the preliminary injunction motion and any motions addressed to the sufficiency of the complaint on the schedule previously set by the court. After Plaintiffs file the briefs required in paragraphs 1-3, the court will consider whether responses are necessary and, if they are, how and from whom they should be obtained. Plaintiff's counsel should immediate see to it that all papers that have been addressed to any judge of this court are filed on ECF. Failure to remedy this omission will result in sanctions. (Brief due by 9/11/2020). (Signed by Judge Colleen McMahon on 9/2/2020). BY ECF TO ALL PARTIES. (rjm)
September 2, 2020 Filing 83 NOTICE OF APPEARANCE by Matthew I. Levine on behalf of State Departments of Education in the United States..(Levine, Matthew)
September 2, 2020 Filing 82 MOTION for Ryan P. Driscoll to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21457150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by School Districts in the United States. (Attachments: #1 Affirmation of Bryan L. LeClerc, #2 Declaration of Ryan P. Driscoll, #3 Order).(LeClerc, Bryan)
September 2, 2020 Filing 81 NOTICE OF APPEARANCE by Mohammad Shihabi on behalf of School Districts in the United States..(Shihabi, Mohammad)
September 2, 2020 Filing 80 NOTICE OF APPEARANCE by Elizabeth Mott Smith on behalf of School Districts in the United States..(Smith, Elizabeth)
September 2, 2020 Filing 79 NOTICE OF APPEARANCE by Johanna Gordon Zelman on behalf of School Districts in the United States..(Zelman, Johanna)
September 2, 2020 Filing 78 LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Colleen McMahon from Beth L. Kaufman dated September 2, 2020. Document filed by South Carolina Department of Education. (Attachments: #1 Text of Proposed Order).(Kaufman, Beth)
September 2, 2020 Filing 77 NOTICE OF APPEARANCE by Beth L. Kaufman on behalf of South Carolina Department of Education..(Kaufman, Beth)
September 2, 2020 Filing 76 NOTICE OF APPEARANCE by Jeremy Miguel Weintraub on behalf of South Carolina Department of Education..(Weintraub, Jeremy)
September 2, 2020 Filing 75 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Eric A. Mentzer dated September 2, 2020. Document filed by State of Washington. (Attachments: #1 Text of Proposed Order).(Mentzer, Eric)
September 2, 2020 Filing 74 FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Dismiss . Document filed by School Districts in the United States. Responses due by 9/16/2020 (Attachments: #1 Affidavit Affidavit of Victor D. Shandor, #2 Supplement Memorandum of Law Supporting Defendant County School Board of York County, Virginia's Motion to Dismiss for Lack of Personal Jurisdiction).(Johnson, Curtis) Modified on 9/24/2020 (lb).
September 2, 2020 Filing 73 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,, addressed to Judge Colleen McMahon from Adam I. Kleinberg dated 9/2/20. Document filed by School Districts in the United States..(Kleinberg, Adam)
September 2, 2020 Opinion or Order Filing 72 ORDER FOR ADMISSION PRO HAC VICE granting #55 Motion for Martha J. Casserly to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/2/2020) (rj)
September 2, 2020 Opinion or Order Filing 71 ORDER TO ADMIT ERIC L. HARRISON, ESQ. AS PRO HAC VICE granting #57 Motion for Eric L. Harrison to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 9/2/2020) (cf)
September 2, 2020 Opinion or Order Filing 70 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE - ERIC A. MENTZER. IT IS ORDERED that: The Motion for Admission Pro Hae Vice for Eric A. Mentzer is GRANTED, and as further set forth in this Order. Granting #64 Motion for Eric A. Mentzer to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/2/2020) (rjm)
September 2, 2020 Opinion or Order Filing 69 ORDER granting #67 LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Fredric P. Gallin dated August 31, 2020. Document filed by School Districts in the United States. Ok. (Signed by Judge Colleen McMahon on 9/2/2020) (rjm)
September 2, 2020 Opinion or Order Filing 68 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE - R. JULY SIMPSON #65 Motion for R. July Simpson to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 9/2/2020) (cf)
September 2, 2020 Filing 67 LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Fredric P. Gallin dated August 31, 2020. Document filed by School Districts in the United States..(Gallin, Fredric)
September 2, 2020 Filing 66 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss . Document filed by State Departments of Education in the United States. Responses due by 9/4/2020.(Levine, Matthew) Modified on 9/2/2020 (lb).
September 2, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #65 MOTION for R. July Simpson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21438175. Motion and supporting papers to be reviewed by Clerk's Office staff., #64 MOTION for Eric A. Mentzer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21438057. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 1, 2020 Filing 65 MOTION for R. July Simpson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21438175. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Washington, Washington State School for the Blind, Washington State School for the Deaf. Return Date set for 9/2/2020 at 05:00 PM. (Attachments: #1 Declaration of R. July Simpson, #2 Certificate of Good Standing, #3 Proposed Order).(Simpson, R.)
September 1, 2020 Filing 64 MOTION for Eric A. Mentzer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21438057. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Washington, Washington State School for the Blind, Washington State School for the Deaf. Return Date set for 9/2/2020 at 05:00 PM. (Attachments: #1 Declaration of Eric A. Mentzer, #2 Certificate of Good Standing, #3 Proposed Order).(Mentzer, Eric)
September 1, 2020 Filing 63 FIRST LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Bryan L. LeClerc dated September 1, 2020. Document filed by School Districts in the United States..(LeClerc, Bryan)
September 1, 2020 Filing 62 FIRST LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Mark G. Toews dated September 1, 2020. Document filed by Richard Carranza, The New York City Department of Education, Bill de Blasio. (Attachments: #1 Text of Proposed Order Proposed Revised Scheduling Order).(Toews, Mark)
September 1, 2020 Filing 61 NOTICE OF APPEARANCE by Bryan L. LeClerc on behalf of School Districts in the United States..(LeClerc, Bryan)
September 1, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Eric L. Harrison to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. According to the affidavit, the attorney is awaiting Certificate of Good Standing from New Jersey and will need to supply once received. (aea)
September 1, 2020 Opinion or Order Filing 60 ORDER FOR ADMISSION PRO HAC VICE: granting #37 Motion for Jonathan Griffin Brush to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/01/2020) (ama)
September 1, 2020 Opinion or Order Filing 59 ORDER FOR ADMISSION PRO HAC VICE: granting #46 Motion for Kyle J. Kaiser to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/01/2020) (ama)
September 1, 2020 Opinion or Order Filing 58 ORDER FOR ADMISSION PRO HAC VICE: granting #38 Motion for AMY DAWN DEMMLER to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/01/2020) (ama)
September 1, 2020 Filing 57 MOTION for Eric L. Harrison to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by School Districts in the United States. (Attachments: #1 Affirmation of Fredric P. Gallin, #2 Affidavit Affidavit of Eric L. Harrison, #3 Exhibit Exhibit Certificate of Good Standing NY, #4 Text of Proposed Order Proposed Order, #5 Certificate of Service).(Gallin, Fredric)
September 1, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #56 MOTION for Eric L. Harrison to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the last page of the PDF for the Affidavit/Declaration is not viewable. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
September 1, 2020 Filing 56 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric L. Harrison to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by School Districts in the United States. (Attachments: #1 Affirmation of Fredric P. Gallin, #2 Affidavit Affidavit of Eric Harrison, #3 Exhibit Exhibit Certificate of Good Standing NY, #4 Text of Proposed Order Proposed Order, #5 Certificate of Service).(Gallin, Fredric) Modified on 9/1/2020 (aea).
September 1, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Martha J. Casserly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21430033. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 1, 2020 Filing 55 MOTION for Martha J. Casserly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21430033. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Minnesota State Department of Education. (Attachments: #1 Affidavit Affidavit of Martha J. Casserly, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order proposed Order).(Casserly, Martha)
September 1, 2020 Opinion or Order Filing 54 ORDER denying without prejudice #50 Letter Motion for Extension of Time. The Court has reviewed this letter and the other letter addressed to Judge Woods filed on the docket of this case at Dkt No. 42. Both applications are denied without prejudice. Judge Woods ruled on the prior applications as the Part I judge; he is no longer on Part I duty. Applications with respect to this case should be addressed to the assigned district judge, or, in her absence, to the judge serving on Part I duty. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/1/2020) (va)
September 1, 2020 Filing 53 NOTICE OF APPEARANCE by Chelsea Ella Weisbord on behalf of School Districts in the United States..(Weisbord, Chelsea)
September 1, 2020 Filing 52 NOTICE OF APPEARANCE by Mark Anthony Radi on behalf of School Districts in the United States..(Radi, Mark)
September 1, 2020 Filing 51 NOTICE OF APPEARANCE by Fredric Paul Gallin on behalf of School Districts in the United States. (Attachments: #1 Exhibit Rider).(Gallin, Fredric)
August 31, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Kyle J. Kaiser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21411951. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
August 31, 2020 Filing 50 FIRST LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Mark G. Toews dated August 31, 2020. Document filed by Richard Carranza, The New York City Department of Education, Bill de Blasio. (Attachments: #1 Text of Proposed Order Proposed Revised Scheduling Order).(Toews, Mark)
August 31, 2020 Filing 49 NOTICE OF APPEARANCE by Mark Galen Toews on behalf of Richard Carranza, The New York City Department of Education, Bill de Blasio..(Toews, Mark)
August 31, 2020 Filing 48 NOTICE OF APPEARANCE by Dennis Michael Rothman on behalf of School Districts in the United States..(Rothman, Dennis)
August 31, 2020 Opinion or Order Filing 47 ORDER FOR ADMISSION PRO HAC VICE granting #41 MOTION for Sherry Hall Culves to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 8/31/2020) (jca)
August 31, 2020 Filing 46 MOTION for Kyle J. Kaiser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21411951. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by School Districts in the United States, State Departments of Education in the United States. (Attachments: #1 Affidavit Affidavit of Kyle J. Kaiser, #2 Exhibit A-Texas Certificates of Good Standing, #3 Exhibit B-Utah Certificate of Good Standing, #4 Exhibit C-Minnesota Certificate of Good Standing, #5 Text of Proposed Order).(Kaiser, Kyle)
August 31, 2020 Filing 45 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Lewis R. Silverman dated August 31, 2020. Document filed by School Districts in the United States. (Attachments: #1 Exhibit A-Email to Superintendent).(Silverman, Lewis)
August 31, 2020 Filing 44 NOTICE OF APPEARANCE by Caroline Beth Lineen on behalf of School Districts in the United States..(Lineen, Caroline)
August 31, 2020 Filing 43 NOTICE OF APPEARANCE by Lewis R. Silverman on behalf of School Districts in the United States..(Silverman, Lewis)
August 31, 2020 Filing 42 LETTER addressed to Judge Gregory H. Woods from Fredric P. Gallin dated 8/31/2020 re: filing briefs. Document filed by School Districts in the United States..(Gallin, Fredric)
August 31, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Sherry Hall Culves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21393296. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 29, 2020 Filing 41 MOTION for Sherry Hall Culves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21393296. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Atlanta Independent School System, Fulton County School District. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Culves, Sherry)
August 28, 2020 Filing 40 LETTER MOTION for Extension of Time to respond to Complaint and to respond to Plaintiffs' Application for Temporary Restraining Order and Preliminary Injunction addressed to Judge Colleen McMahon from Ashford Board of Education, Bolton Board of Education, Branford Board of Education, Bristol Board of Education, Danbury Board of Education, Eastford Board of Education, East Hartford Board of Education, Greenwich Board of Education, North Haven Board of Education, Plainfield Board of Education, Regional School District 17 Board of Education, Rocky Hill Board of Education, Seymour Board of Education, Southington Board of Education, Windsor Board of Education, and Woodstock Board of Education dated Aug. 28, 2020. Document filed by School Districts in the United States. (Attachments: #1 Text of Proposed Order Proposed Revised Scheduling Order).(O'Toole, Jill)
August 28, 2020 Filing 39 NOTICE OF APPEARANCE by Jill M. O'Toole on behalf of School Districts in the United States..(O'Toole, Jill)
August 28, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for AMY DAWN DEMMLER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21378430. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
August 28, 2020 Filing 38 MOTION for AMY DAWN DEMMLER to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21378430. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Austin Independent School District. (Attachments: #1 Proposed Order).(Demmler, Amy)
August 28, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Jonathan Griffin Brush to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21377946. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
August 28, 2020 Filing 37 MOTION for Jonathan Griffin Brush to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21377946. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Austin Independent School District. (Attachments: #1 Proposed Order).(Brush, Jonathan)
August 27, 2020 Opinion or Order Filing 36 ORDER: denying without prejudice #35 Letter Motion for Extension of Time to File Response/Reply. Application denied without prejudice. The Court has reviewed this letter motion and the similar letter motion filed at Dkt No.32. While framed as requests for "clarity," the applications functionally ask the Court to advise the applicants whether they have been properly served with the complaint, and to provide guidance regarding whether the claims against them have merit. The Court cannot determine whether any party has been properly served based on these letter motions. The Court expects that each of the applicants can draw its own conclusions about whether it has been properly served based on the relevant statutes and, if not, what consequences flow from that failure, and develop a litigation strategy based on its analysis. The Court expresses no view about whether the parties have been properly served or on the merits of Plaintiffs' claims at this stage in the litigation. The application for an extension of the deadlines in the Court's order to show cause, Dkt No. 29, in this letter motion and the similar letter motion at Dkt No. 32 is denied. The Clerk of Court is directed to terminate the motions pending at Dkt Nos. 32 and 35. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/27/2020) (ama)
August 27, 2020 Filing 35 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint,,, #29 Order to Show Cause,,,,,, and for clarity addressed to Judge Gregory H. Woods from Adam I. Kleinberg dated august 27, 2020. Document filed by School Districts in the United States. (Attachments: #1 Exhibit letter to plaintiffs' counsel, #2 Exhibit email from plaintiffs' counsel).(Kleinberg, Adam)
August 27, 2020 Filing 34 NOTICE OF APPEARANCE by Adam I. Kleinberg on behalf of School Districts in the United States..(Kleinberg, Adam)
August 26, 2020 Filing 33 NOTICE OF APPEARANCE by Fredric Paul Gallin on behalf of School Districts in the United States..(Gallin, Fredric)
August 26, 2020 Filing 32 LETTER MOTION for Extension of Time and Clarification on behalf of the New York State Education Department addressed to Judge Gregory H. Woods from Alissa Wright dated August 26, 2020. Document filed by State Departments of Education in the United States..(Wright, Alissa)
August 24, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Eric L. Harrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21297088. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF NEW JERSEY;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
August 24, 2020 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY -
August 24, 2020 Filing 30 NOTICE OF APPEARANCE by Fredric Paul Gallin on behalf of School Districts in the United States..(Gallin, Fredric)
August 22, 2020 Set/Reset Deadlines: Motions due by 9/4/2020. Responses due by 9/18/2020 (mro)
August 22, 2020 Opinion or Order Filing 29 ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Upon Plaintiffs' Memorandum of Law in Support of an Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction, dated August 20, 2020, and the Declaration of Peter G. Albert, Esq., dated August 20, 2020, and the exhibits annexed thereto, it is ORDERED, that the above-named Defendants shall, by on or before September 4, 2020, file a written response to the Plaintiffs' application for a Temporary Restraining Order and Preliminary Injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure; Defendants are also directed to file any motion to dismiss, sever, or transfer or for any other relief for any Defendant by September 4, 2020; and, be it further ORDERED, that the Plaintiffs shall, by on or before September 18, 2020, file a written reply to the Defendants' opposition and a response to any motion by any defendant; Plaintiffs must file a separate brief responding to each individual motion made by any Defendant but may file one reply brief to Defendants' opposition to their motion for a preliminary injunction. The Court will schedule a hearing only if it deems one to be necessary. Plaintiffs are directed to serve a copy of this order to Defendants or their counsel on or before August 24, 2020 at 10 a.m. and to retain proof of service. (Signed by Judge Gregory H. Woods on 8/22/2020) (mro)
August 21, 2020 Opinion or Order Filing 28 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/18/2020 at 10:15 AM before Judge Colleen McMahon by telephone. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference, and as further set forth in this order. (Signed by Judge Colleen McMahon on 8/21/2020) (jwh)
August 20, 2020 Opinion or Order Filing 27 ORDER granting #26 Letter Motion for Leave to File Excess Pages. Application granted. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/20/2020) (mml)
August 20, 2020 Filing 26 LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Peter G. Albert dated 8/20/20. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
August 14, 2020 Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. The New York City Department of Education served on 8/13/2020, answer due 9/3/2020. Service was made by Email. Document filed by C.N.; J.T.; J.J.; K.M...(Albert, Peter)
August 14, 2020 Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Richard Carranza served on 8/13/2020, answer due 9/3/2020. Service was made by Email. Document filed by C.N.; J.T.; J.J.; K.M...(Albert, Peter)
August 14, 2020 Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Bill de Blasio served on 8/13/2020, answer due 9/3/2020. Service was made by Email. Document filed by C.N.; J.T.; J.J.; K.M...(Albert, Peter)
August 12, 2020 Filing 22 SUMMONS ISSUED as to State Departments of Education in the United States. (sj)
August 10, 2020 Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to State Departments of Education in the United States, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
August 10, 2020 Filing 20 FILING ERROR - DEFICIENT SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to State Education Departments in the United States, re: #1 Complaint. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter) Modified on 8/12/2020 (sj).
August 10, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #19 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; summonses may only be requested for parties of record;. 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. (pc)
August 7, 2020 Filing 19 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to State Departments of Education in the United States, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Supplement Rider).(Albert, Peter) Modified on 8/10/2020 (pc).
August 7, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; 'As to' party name in the docket entry text and on the PDF must exactly correspond with the pleading caption. 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. (dnh)
August 7, 2020 Filing 18 ELECTRONIC SUMMONS ISSUED as to School Districts in the United States..(dnh)
August 7, 2020 Filing 17 ELECTRONIC SUMMONS ISSUED as to The New York City Department of Education..(dnh)
August 6, 2020 Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to State Education Departments in the United States, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Supplement Rider).(Albert, Peter) Modified on 8/7/2020 (dnh).
August 6, 2020 Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to School Districts in the United States, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Supplement Rider).(Albert, Peter)
August 6, 2020 Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to The New York City Department of Education, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
August 6, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #10 Request for Issuance of Summons, #11 Request for Issuance of Summons,. The filing is deficient for the following reason(s): 'As to' Error; summonses may only be requested for parties of record. 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. (dnh)
August 6, 2020 Filing 13 ELECTRONIC SUMMONS ISSUED as to Richard Carranza..(dnh)
August 6, 2020 Filing 12 ELECTRONIC SUMMONS ISSUED as to Bill de Blasio..(dnh)
August 5, 2020 Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education and All Defendant School Districts, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Supplement Rider of School Districts).(Albert, Peter) Modified on 8/6/2020 (dnh).
August 5, 2020 Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Department, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Supplement Rider of State Education Departments).(Albert, Peter) Modified on 8/6/2020 (dnh).
August 5, 2020 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
August 5, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Bill de Blasio, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
August 4, 2020 NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Valerie E. Caproni is no longer assigned to the case..(wb)
August 4, 2020 Filing 7 LETTER addressed to Judge Valerie E. Caproni from Peter G. Albert dated 8/4/20 re: Corrected Filing. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter)
August 3, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons, #6 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Caption Error; the caption contains a typographical error in the listed party text. If party text is included on the summons PDF, it must appear exactly as it does in the pleading caption (..Mayor of the City of New Yok..). Summonses may only be issued to parties of record. 'As to' party name in the docket entry text and on the PDF must exactly correspond with the pleading caption. 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. (dnh)
July 31, 2020 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The New York City Department of Education and All School Districts in the United States, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M.. (Attachments: #1 Rider - All School Districts in the United States).(Albert, Peter) Modified on 8/3/2020 (dnh).
July 31, 2020 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Education Departments and all State Education Departments in the United States, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter) Modified on 8/3/2020 (dnh).
July 31, 2020 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter) Modified on 8/3/2020 (dnh).
July 31, 2020 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Bill de Blasio, re: #1 Complaint,,,. Document filed by C.N., J.J., J.T., K.M...(Albert, Peter) Modified on 8/3/2020 (dnh).
July 29, 2020 Filing 2 CIVIL COVER SHEET filed..(Albert, Peter)
July 29, 2020 Case Designated ECF. (dnh)
July 29, 2020 Magistrate Judge Gabriel W. Gorenstein 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. (dnh)
July 29, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(dnh)
July 29, 2020 ***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). (dnh)
July 29, 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. (dnh)
July 29, 2020 ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Peter Glenn Albert. The following party/parties has been removed from this case: J.T.; K.M.; J.J,; C.N.. The party was added to the case in error. (dnh)
July 29, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Glenn Albert. The party information for the following party/parties has been modified: J.T.; K.M.; J.J,; C.N.. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly. (dnh)
July 28, 2020 Filing 1 COMPLAINT against Richard Carranza, School Districts in the United States, State Education Departments in the United States, The New York City Department of Education, Bill de Blasio. (Filing Fee $ 400.00, Receipt Number ANYSDC-20891299)Document filed by C.N.(on behalf of V.N.), K.M.(Individually), J.J.(Individually), J.T.(on behalf of D.T.), J.J.(on behalf of Z.J.), J.T.(Individually), K.M.(on behalf of S.M. and M.M.), C.N.(Individually). (Attachments: #1 Appendix Defendant School Districts, #2 Appendix Defendant State Education Departments, #3 Affidavit Governor's Executive Orders, #4 Appendix COVID-19 Guidance Memoranda, #5 Appendix State Constitutions and Statutes, #6 Appendix DT - IEP, #7 Appendix SM - IEP, #8 Appendix MM - IEP, #9 Appendix VN - IEP, #10 Appendix ZJ - IEP, #11 Appendix NYC DOE Memo, #12 Appendix Plaintiffs).(Albert, Peter) Modified on 7/29/2020 (dnh). Modified on 7/29/2020 (pne).

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Search for this case: J.T. et al v. de Blasio et al
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Plaintiff: K.M.
Represented By: Peter Glenn Albert
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Plaintiff: J.T.
Represented By: Peter Glenn Albert
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Plaintiff: J.J.
Represented By: Peter Glenn Albert
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Plaintiff: C.N.
Represented By: Peter Glenn Albert
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Defendant: School Districts in the United States
Represented By: Caroline Beth Lineen
Represented By: Mohammad Shihabi
Represented By: Lewis R. Silverman
Represented By: Johanna Gordon Zelman
Represented By: Dennis Michael Rothman
Represented By: Curtis Alan Johnson
Represented By: Mark Anthony Radi
Represented By: Elizabeth Mott Smith
Represented By: Adam I. Kleinberg
Represented By: Chelsea Ella Weisbord
Represented By: Fredric Paul Gallin
Represented By: Kyle Kaiser
Represented By: Bryan L. LeClerc
Represented By: Jill M. O'Toole
Represented By: James Garrison Evans
Represented By: Daniel Joseph Raccuia
Represented By: Jacqueline Wilson
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Defendant: Richard Carranza
Represented By: Janice Louise Birnbaum
Represented By: Mark Galen Toews
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Defendant: The New York City Department of Education
Represented By: Janice Louise Birnbaum
Represented By: Mark Galen Toews
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Defendant: Bill de Blasio
Represented By: Janice Louise Birnbaum
Represented By: Mark Galen Toews
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Defendant: State Education Departments in the United States
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Defendant: Warner Unified School District
Represented By: Randall L. Winet, I
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Defendant: Cobb County School District
Represented By: Corinne Elisabeth Atton
Represented By: Matthew Eaton Draper
Represented By: Randall C. Farmer
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Defendant: Seymour Board of Education
Represented By: Christopher Andrew Long
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Defendant: Washington State School for the Deaf
Represented By: R. July Simpson
Represented By: Eric A. Mentzer
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Defendant: Solana Beach Elementary School District
Represented By: Randall L. Winet, I
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Defendant: McCabe Union School District
Represented By: Randall L. Winet, I
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Defendant: Atlanta Independent School System
Represented By: Sherry H. Culves
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Defendant: Valley Center-Pauma Unified School District
Represented By: Randall L. Winet, I
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Defendant: South Carolina Department of Education
Represented By: Jeremy Miguel Weintraub
Represented By: Beth L. Kaufman
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Defendant: Certain School Districts Located in the State of Virginia
Represented By: Eric Labes Harrison
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Defendant: Lakeside Joint School District
Represented By: Randall L. Winet, I
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Defendant: Jamul-Dulzura Union School District
Represented By: Randall L. Winet, I
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Defendant: Sweetwater Union High School District
Represented By: Randall L. Winet, I
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Defendant: San Dieguito Union High School District
Represented By: Randall L. Winet, I
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Defendant: Washington State School for the Blind
Represented By: R. July Simpson
Represented By: Eric A. Mentzer
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Defendant: San Pasqual Union Elementary School District
Represented By: Randall L. Winet, I
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Defendant: Town of Groton and Groton Board of Education
Represented By: Christopher Andrew Long
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Defendant: Martha's Vineyard High School
Represented By: Christopher Andrew Long
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Defendant: Julian Union School District
Represented By: Randall L. Winet, I
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Defendant: Town of Clinton and Clinton Board of Education
Represented By: Christopher Andrew Long
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Defendant: Julian Union High School District
Represented By: Randall L. Winet, I
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Defendant: West Orange Public Schools
Represented By: Eric Labes Harrison
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Defendant: Minnesota State Department of Education
Represented By: Martha J Casserly
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Defendant: Austin Independent School District
Represented By: Jonathan Brush
Represented By: Amy Dawn Demmler
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Defendant: Bonsall Union School District
Represented By: Randall L. Winet, I
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Defendant: Chula Vista Elementary School District
Represented By: Randall L. Winet, I
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Defendant: Rancho Santa Fe Elementary School District
Represented By: Randall L. Winet, I
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Defendant: Readington Township Public Schools
Represented By: Eric Labes Harrison
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Defendant: San Pasqual Valley Unified School District
Represented By: Randall L. Winet, I
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Defendant: Cherry Hill Public Schools
Represented By: Eric Labes Harrison
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Defendant: Pomfret CT School District
Represented By: Christopher Andrew Long
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Defendant: Marietta City Schools
Represented By: Corinne Elisabeth Atton
Represented By: Matthew Eaton Draper
Represented By: Randall C. Farmer
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Defendant: Dehesa School District
Represented By: Randall L. Winet, I
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Defendant: Borrego Springs Unified School District
Represented By: Randall L. Winet, I
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Defendant: Vallecitos Elementary School District
Represented By: Randall L. Winet, I
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Defendant: State of Washington
Represented By: R. July Simpson
Represented By: Eric A. Mentzer
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Defendant: Clayton County Public Schools
Represented By: Corinne Elisabeth Atton
Represented By: Matthew Eaton Draper
Represented By: Randall C. Farmer
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Defendant: Grossmont Union High School District
Represented By: Randall L. Winet, I
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Defendant: Pentucket Regional High School
Represented By: Christopher Andrew Long
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Defendant: Certain School Districts Located in the State of California
Represented By: Eric Labes Harrison
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Defendant: La Mesa-Spring Valley School District
Represented By: Randall L. Winet, I
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Defendant: Del Mar Union School District
Represented By: Randall L. Winet, I
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Defendant: Connecticut Regional School District No. 10 (Harwinton & Burlington)
Represented By: Adam S. Mocciolo
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Defendant: Town of Wallingford and Wallingford Board of Education
Represented By: Christopher Andrew Long
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Defendant: State Departments of Education in the United States
Represented By: Kyle Kaiser
Represented By: Clement John Colucci, III
Represented By: Alissa Schecter Wright
Represented By: Matthew I. Levine
Represented By: Harry J. Philips, Jr
Represented By: Darren P Cunningham
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Defendant: Escondido Union High School District
Represented By: Randall L. Winet, I
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Defendant: Carlsbad Unified School District
Represented By: Randall L. Winet, I
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Defendant: City of Bristol School District
Represented By: Christopher Andrew Long
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Defendant: Town of Branford School District
Represented By: Christopher Andrew Long
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Defendant: Middletown Township Public Schools
Represented By: Eric Labes Harrison
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Defendant: Mountain Empire Unified School District
Represented By: Randall L. Winet, I
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Defendant: Alpine Union School District
Represented By: Randall L. Winet, I
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Defendant: San Diego County Office of Education
Represented By: Randall L. Winet, I
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Defendant: Town of Plymouth and Plymouth Board of Education
Represented By: Christopher Andrew Long
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Defendant: Santee School District
Represented By: Randall L. Winet, I
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Defendant: DeKalb County School District
Represented By: Corinne Elisabeth Atton
Represented By: Matthew Eaton Draper
Represented By: Randall C. Farmer
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Defendant: Town of Windham and Windham Board of Education
Represented By: Christopher Andrew Long
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Defendant: Fulton County School District
Represented By: Sherry H. Culves
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Defendant: Pennsylvania Department of Education
Represented By: Alexander Thomas Korn
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Defendant: Lemon Grove School District
Represented By: Randall L. Winet, I
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Defendant: Coronado Unified School District
Represented By: Randall L. Winet, I
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Defendant: Ramona Unified School District
Represented By: Randall L. Winet, I
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Defendant: San Marcos Unified School District
Represented By: Randall L. Winet, I
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Defendant: Town of Plainville and Plainville Board of Education
Represented By: Christopher Andrew Long
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Defendant: Spencer Valley Elementary School District
Represented By: Randall L. Winet, I
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Defendant: Town of Watertown and Watertown Board of Education
Represented By: Christopher Andrew Long
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Defendant: Fallbrook Union Elementary School District
Represented By: Randall L. Winet, I
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Defendant: Encinitas Union School District
Represented By: Randall L. Winet, I
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Defendant: fallbrook union high school district
Represented By: Randall L. Winet, I
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Defendant: Escondido Union Elementary School District
Represented By: Randall L. Winet, I
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Defendant: Cardiff Elementary School District
Represented By: Randall L. Winet, I
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Defendant: City of Stamford Board of Education
Represented By: Ryan Patrick Driscoll
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Defendant: Omaha Public School District
Represented By: Nicholas Miller
Represented By: Jill Robb Ackerman
Represented By: Jeremiah Charles Hollembeak
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Defendant: City of Bridgeport Board of Education
Represented By: Ryan Patrick Driscoll
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Defendant: City of Norwalk Board of Education
Represented By: Ryan Patrick Driscoll
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Defendant: Town of Stratford Board of Education
Represented By: Ryan Patrick Driscoll
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Amicus curiae: MICHIGAN ASSOCIATION OF SCHOOL BOARDS
Represented By: Timothy J Mullins
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