M. et al v. New York City Department of Education
Plaintiff: A. M.
Defendant: New York City Department of Education
Case Number: 1:2020cv08381
Filed: October 7, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Sarah L Cave
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1400
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 11/18/2020. Attorney Benjamin Kopp appeared on behalf of Plaintiff. Attorney Sherry Glover appeared on behalf of Defendant. (ne)
November 10, 2020 Opinion or Order Filing 27 SCHEDULING ORDER: A Telephone Conference is scheduled for Wednesday, November 18, 2020 at 2:00 pm on the Court's conference line, concerning the matters discussed at today's Telephone Conference and in the parties' letters (ECF Nos. 2425). The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. Telephone Conference set for 11/18/2020 at 02:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 11/10/2020) (jca)
November 10, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 11/10/2020. Attorney Benjamin Kopp appeared on behalf of Plaintiff. Attorney Sherry Glover appeared on behalf of Defendant. (ne)
November 9, 2020 Opinion or Order Filing 26 MEMO ENDORSEMENT on re: #25 Letter Defendant's Response re: Potential Stipulation and Conference. filed by New York City Department of Education. ENDORSEMENT : A Telephone Conference is scheduled for Tuesday, November 10, 2020 at 4:00 pm on the Court's conference line concerning the matters raised in the parties' November 6, 2020 letters. (ECF Nos. 24-25). The parties are directed to call (866) 390-1828; access code: 380-9799, at the scheduled time. SO-ORDERED., ( Telephone Conference set for 11/10/2020 at 04:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 11/9/20) (yv) Modified on 11/24/2020 (yv).
November 6, 2020 Filing 25 LETTER addressed to Magistrate Judge Sarah L. Cave from Sherry N. Glover dated November 6, 2020 re: Defendant's Response re: Potential Stipulation and Conference. Document filed by New York City Department of Education..(Glover, Sherry)
November 6, 2020 Filing 24 LETTER addressed to Magistrate Judge Sarah L. Cave from Benjamin Kopp dated 11/6/20 re: Update on Potential Stipulation and/or Conference. Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability)..(Kopp, Benjamin)
November 2, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 11/2/2020. Attorney Benjamin Kopp appeared on behalf of Plaintiff. Attorney Sherry Glover appeared on behalf of Defendant. The parties shall update the Court regarding their progress by Friday, November 6, 2020. (ne)
October 29, 2020 Opinion or Order Filing 23 ORDER granting #21 Letter Motion for Extension of Time. Defendant's Letter-Motion for an extension of time to answer or otherwise respond to the Complaint (ECF No. 21) is GRANTED, with Plaintiff's consent. (See ECF Nos. 2122). The deadline for Defendant to respond to the complaint is EXTENDED from today, Thursday, October 29, 2020, until Friday, December 11, 2020. The Clerk of Court is respectfully directed to close ECF No. 21. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/29/20) (yv)
October 29, 2020 Filing 22 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Benjamin Kopp dated 10/29/20 re: #21 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Magistrate Judge Sarah L. Cave from Sherry N. Glover dated October 28, 2020. (Concurring Response). Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability)..(Kopp, Benjamin)
October 29, 2020 Set/Reset Deadlines: New York City Department of Education answer due 12/11/2020. (yv)
October 28, 2020 Filing 21 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Magistrate Judge Sarah L. Cave from Sherry N. Glover dated October 28, 2020. Document filed by New York City Department of Education..(Glover, Sherry)
October 28, 2020 Opinion or Order Filing 20 SCHEDULING ORDER: Plaintiff's counsel shall promptly discuss the following with officials at the Manhattan Children's Center ("MCC"): Whether MCC has received the payments for E.H.'s tuition referenced in Paragraphs 12 in the Proposed Order (ECF No. 18-1); Whether MCC will agree to the Court's proposal that payment for E.H.'s January 2021 through June 2021 tuition be made on a "best efforts" basis, for payment in the necessary amounts or installments within 30 days. Under this proposal, Defendant Department of Education certifies that it will exercise diligence and its best efforts to ensure payment within 30 days. If the event that Defendant is unable to cause payment to be timely issued within 30 days, the parties shall promptly notify the Court. The Court will then promptly schedule a conference to expedite payment. Defense counsel shall promptly discuss with officials at the New York City Department of Education and any other involved stakeholder agency or entity whether a suitable paraprofessional, either employed by the City of New York or a subcontractor, is available for E.H. during the pendency of Case. No. 196166. A Telephone Conference is scheduled for Monday, November 2, 2020 at 4:30 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 11/2/2020 at 04:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 10/28/20) (yv)
October 28, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 10/28/2020. Attorney Benjamin Kopp appeared on behalf of Plaintiff. Attorney Sherry Glover appeared on behalf of Defendant. (ne)
October 27, 2020 Opinion or Order Filing 19 MEMO ENDORSEMENT on re: #18 Letter. ENDORSEMENT: A Telephone Conference is scheduled for Wednesday, October 28, 2020, at 12:00 pm on the Court's conference line concerning the parties' Letter (ECF No. 18) and Plaintiff's Proposed Order (ECF No. 18-1). The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. (Telephone Conference set for 10/28/2020 at 12:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 10/27/2020) (jwh)
October 26, 2020 Filing 18 LETTER addressed to Magistrate Judge Sarah L. Cave from Benjamin Kopp dated October 26, 2020 re: Parties' Impasse on Proposed Stipulation and Order. Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability). (Attachments: #1 Text of Proposed Order Proposed Order).(Kopp, Benjamin)
October 26, 2020 Opinion or Order Filing 17 ORDER granting #16 JOINT LETTER MOTION for Extension of Time to Submit Proposed Order and Stipulation. The parties' Letter-Motion requesting an extension of time (ECF No. 16) until today, Monday, October 26, 2020, to submit the proposed Stipulation and Order is GRANTED. The parties shall file the proposed Stipulation and Order by the end of the day. The Clerk of Court is respectfully directed to close ECF No. 16. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/26/2020) (jca)
October 23, 2020 Filing 16 JOINT LETTER MOTION for Extension of Time to Submit Proposed Order and Stipulation addressed to Magistrate Judge Sarah L. Cave from Sherry N. Glover dated October 23, 2020. Document filed by New York City Department of Education..(Glover, Sherry)
October 23, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 10/23/2020. Attorney Benjamin Kopp appeared on behalf of Plaintiff. Attorney Sherry Glover appeared on behalf of Defendant. (ne)
October 21, 2020 Filing 15 REPLY AFFIRMATION of Benjamin M. Kopp in Support re: #7 EMERGENCY MOTION for Order to Show Cause (Proposed Order).. Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability). (Attachments: #1 Exhibit Ex. A - Redacted Email Requests and Deliveries, #2 Exhibit Ex. B - Redacted Email Delivery and Confirmation, #3 Exhibit Ex. C - Redacted Email Request and Delivery, #4 Exhibit Ex. D - NYSED Memorandum).(Kopp, Benjamin)
October 21, 2020 Filing 14 REPLY MEMORANDUM OF LAW in Support re: #7 EMERGENCY MOTION for Order to Show Cause (Proposed Order). . Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability)..(Kopp, Benjamin)
October 21, 2020 Opinion or Order Filing 13 MEMO ENDORSEMENT on re: #12 Letter Response to Plaintiff's Emergency for Preliminary Injunction filed by New York City Department of Education. ENDORSEMENT: Defendant New York City Department of Education ("DOE") represents that the parties are actively working toward a resolution of this matter, and that following the submission of a necessary document, the DOE will authorize payment of the Student's tuition for the 201920 and 202021 school years ("tuition payment"). (ECF No. 12). Nevertheless, due to the time-sensitive nature of Plaintiff's claims and requested relief (see ECF Nos. 78), the deadlines imposed in the Court's Scheduling Order (ECF No. 10) remain in place and the Telephone Conference will proceed on Friday, October 23, 2020 at 11:00 am. Prior to the Telephone Conference, the parties shall continue to confer with one another about the timing of the expected tuition payment and the documentation necessary to resolve this matter. The parties shall also update the Manhattan Children's Center regarding their progress, and about the DOE's expected payment of the outstanding tuition. (See ECF No. 12). SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/21/20) (yv)
October 21, 2020 ***DELETED DOCUMENT. Deleted document number #14 ORDER TO INITIATE DEFAULT PROCEEDINGS. The document was incorrectly filed in this case. (yv)
October 20, 2020 Filing 12 LETTER addressed to Magistrate Judge Sarah L. Cave from Sherry N. Glover dated October 20, 2020 re: Response to Plaintiff's Emergency for Preliminary Injunction. Document filed by New York City Department of Education..(Glover, Sherry)
October 16, 2020 Opinion or Order Filing 11 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE: IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah L Cave. (Signed by Judge Gregory H. Woods on 10/16/2020) (jca)
October 16, 2020 Opinion or Order Filing 10 BRIEFING SCHEDULE & TELEPHONE CONFERENCE SCHEDULING ORDER: Defendant shall respond to Plaintiff's Motion for a Preliminary Injunction and Emergency Enforcement ("Plaintiff's Motion for an Injunction") (ECF Nos. 78) by Tuesday, October 20, 2020. Plaintiff's reply, if any, shall be due by Wednesday, October 21, 2020. A Telephone Conference concerning Plaintiff's Motion for an Injunction is scheduled for Friday, October 23, 2020 at 11:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Responses due by 10/20/2020 Replies due by 10/21/2020. Telephone Conference set for 10/23/2020 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 10/16/20) (yv)
October 16, 2020 Opinion or Order Filing 9 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge; as further set forth herein. (Signed by Judge Gregory H. Woods on 10/16/2020) (mro)
October 15, 2020 Filing 8 MEMORANDUM OF LAW in Support re: #7 EMERGENCY MOTION for Order to Show Cause (Proposed Order). . Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability)..(Kopp, Benjamin)
October 15, 2020 Filing 7 EMERGENCY MOTION for Order to Show Cause (Proposed Order). Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability). (Attachments: #1 Affidavit Loc. Civ. R. 6.1 Statement in Support of OTSC over Notice of Motion, #2 Exhibit Ex. A (to Loc. Civ. R. 6.1 Statement), #3 Affidavit Declaration of B. Kopp, #4 Exhibit Ex. A (to Kopp Decl.), #5 Exhibit Ex. B (to Kopp Decl.), #6 Exhibit Ex. C (to Kopp Decl.), #7 Exhibit Ex. D (to Kopp Decl.), #8 Exhibit Ex. E (to Kopp Decl.), #9 Exhibit Ex. F (to Kopp Decl.), #10 Exhibit Ex. G (to Kopp Decl.), #11 Exhibit Ex. H (to Kopp Decl.), #12 Exhibit Ex. I (to Kopp Decl.), #13 Exhibit Ex. J (to Kopp Decl.), #14 Exhibit Ex. K (to Kopp Decl.), #15 Exhibit Ex. L (to Kopp Decl.), #16 Exhibit Ex. M (to Kopp Decl.), #17 Exhibit Ex. N (to Kopp Decl.), #18 Exhibit Ex. O (to Kopp Decl.), #19 Exhibit Ex. P (to Kopp Decl.)).(Kopp, Benjamin)
October 14, 2020 Filing 6 NOTICE OF APPEARANCE by Sherry Nicole Glover on behalf of New York City Department of Education..(Glover, Sherry)
October 9, 2020 Opinion or Order Filing 5 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Gregory H. Woods on 10/8/2020) (mro)
October 8, 2020 Filing 4 SUMMONS ISSUED as to New York City Department of Education..(dnh)
October 8, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)
October 8, 2020 Magistrate Judge Sarah L. Cave 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)
October 8, 2020 Case Designated ECF. (dnh)
October 7, 2020 Filing 3 CIVIL COVER SHEET filed..(Kopp, Benjamin)
October 7, 2020 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability)..(Kopp, Benjamin)
October 7, 2020 Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 400.00, Receipt Number ANYSDC-22026639)Document filed by A. M.(individually), A. M.(on behalf of E.H., a child with a disability). (Attachments: #1 Exhibit A - Redacted Due Process Complaint, #2 Exhibit B - Redacted Amended Due Process Complaint).(Kopp, Benjamin)

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Plaintiff: A. M.
Represented By: Benjamin Kopp
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Defendant: New York City Department of Education
Represented By: Sherry Nicole Glover
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