S. et al v. New York City Department of Education
| Y. S. |
| New York City Department of Education |
| 1:2021cv00711 |
| January 26, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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Filing 15
MEMORANDUM AND OPINION. For the reasons stated herein, the Court finds that Plaintiff has met her burden of making a strong showing of irreparable harm and likelihood of success on the merits for her claims about Y.F.'s placement and DOEs noncompliance with the Impartial Hearing Officer's decision. The terms of the Courts preliminary injunction are contained in the Order at ECF No. 14. However, the Court restates them here. Defendant New York City Department of Education is ENJOINED AND ORDERED to completely implement Order No. 6 contained in the Impartial Hearing Officer's February 17, 2020 decision at issue in this case, including by identifying, locating, and securing placement at a state-approved nonpublic school which will be capable of implementing the appropriate classroom and instruction program contained in the decision. Absent further order of the Court, the Department of Education must comply with the decision by April 23, 2021 (thirty days from the date of the Court's Order). (Signed by Judge Mary Kay Vyskocil on 3/26/2021) (ab)
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Filing 14
ORDER: For the reasons stated on the record at the March 24, 2021 hearing on Plaintiff's motion for a preliminary injunction, and based on the Findings of Fact and Conclusions of Law contained in the Court's forthcoming Opinion, IT IS HEREBY ORDERED that Defendant New York City Department of Education is ENJOINED AND ORDERED to, within thirty days of this order, completely implement Order No. 6 contained in the Findings of Fact and Decision, dated February 17, 2020, of Impartial Hearing Officer Laurie Lee in Case Number 183763, including by identifying, locating, and securing placement at a state-approved nonpublic school which will be capable of implementing the appropriate classroom and instruction program contained in the February 17, 2020 Decision. An opinion detailing the Court's Findings of Fact and Conclusions of Law pursuant to Federal Rules of Civil Procedure 52 and 65 will follow. IT IS FURTHER ORDERED that the Parties submit a joint status letter on or before April 7, 2021 regarding the Parties' cooperative efforts to comply with this order. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/24/2021) (va)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Telephone Conference held on 3/24/2021. (Court Reporter Lisa Smith) (rz)
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Filing 13
REPLY MEMORANDUM OF LAW (re: ECF 9 and 12). Document filed by Y. S.(individually), Y. S.(on behalf of Y.F. and S.F., children with disabilities)..(Kopp, Benjamin)
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Filing 12
MEMORANDUM OF LAW in Opposition re: #5 FIRST LETTER MOTION for Extension of Time to Respond to the Complaint (on Consent) addressed to Judge Mary Kay Vyskocil from Sherry N. Glover dated February 16, 2021. . Document filed by New York City Department of Education. (Attachments: #1 Affidavit Declaration of James Welker, dated March 22, 2021, #2 Exhibit IHO Decision, dated Feb. 17, 2020, #3 Exhibit State Approved NPS Tracker).(Glover, Sherry)
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Filing 11
ORDER TO SHOW CAUSE: Upon Plaintiffs' annexed Complaint, Exhibits, Motion for a Preliminary Injunction and Emergency Enforcement, Memorandum of Law, and Declarations, IT IS HEREBY ORDERED that the above-named Defendant NEW YORK CITY DEPARTMENT OF EDUCATION shows cause before this Court at the United States Courthouse, Southern District of New York, 500 Pearl Street, New York, New York 10007, by telephonic Conference on March 24, 2021, at 2:30PM of that day why a(n) PRELIMINARY INJUNCTION and/or ORDER OF ENFORCEMENT should not issue, pursuant to, respectively, Fed. R. Civ. P. 65 and/or 20 U.S.C 1400, et seq, and the regulations promulgated thereunder, ordering Defendant, its agent, officers, servants, representatives and / or employees to prospectively fund or immediately comply with the Findings of Fact and Decision ("FOFD") (dated February 17, 2020) of Impartial Hearing Officer ("IHO") Laurie Lee in Case Number 183763, as well as the Court's equitable powers under Fed. R. Civ. P. 65; as further set forth herein. IT IS FURTHER ORDERED that service of this Order to Show Cause upon the Parties shall be complete upon the filing of this Order to Show Cause by the Court via Case Management/Electronic Case Filed ("CM/ECF") and emailing a copy to ServiceECF@law.nyc.gov by close of business on March 16, 2021; and IT IS FURTHER ORDERED that any papers in opposition to Plaintiffs' application for injunctive and emergency enforcement relief shall be served by ECF and email on Plaintiffs' counsel, with a courtesy copy sent by email to this Court, by 12:00PM on March 22, 2021, and any Reply Papers shall be served by ECF and email on Defendant's Counsel, with a courtesy copy sent by email to this Court by 12:00PM on March 23, 2021. (Signed by Judge Mary Kay Vyskocil on 3/16/2021) (mro)
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Filing 10
MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief, #8 Proposed Order to Show Cause With Emergency Relief,, . Document filed by Y. S.(individually), Y. S.(on behalf of Y.F. and S.F., children with disabilities)..(Kopp, Benjamin)
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Filing 9
DECLARATION of Benjamin Kopp in Support re: #7 Proposed Order to Show Cause With Emergency Relief, #8 Proposed Order to Show Cause With Emergency Relief,,. Document filed by Y. S.(individually), Y. S.(on behalf of Y.F. and S.F., children with disabilities). (Attachments: #1 Exhibit A - Redacted Findings of Fact and Decision, #2 Exhibit B - Redacted Affidavit (Plaintiff Y.S.), #3 Exhibit C - Redacted Email Chain).(Kopp, Benjamin)
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Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Y. S.(individually), Y. S.(on behalf of Y.F. and S.F., children with disabilities). (Attachments: #1 Declaration of Benjamin Kopp in Support of OTSC and Emergency Relief, #2 Exhibit A - Redacted Findings of Fact and Decision, #3 Exhibit B - Redacted Affidavit (Plaintiff Y.S.), #4 Exhibit C - Redacted Email Chain, #5 Memorandum of Law in Support of OTSC and Emergency Relief).(Kopp, Benjamin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 3/16/2021 (dt).
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Filing 7
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Y. S.(individually), Y. S.(on behalf of Y.F. and S.F., children with disabilities)..(Kopp, Benjamin) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Benjamin Kopp DO NOT RE-FILE Document #8 Proposed Order to Show Cause With Emergency Relief. ERROR(S): Documents have to be filed separately. ONLY RE-FILE the Declaration with Exhibits using the event type Declaration in Support of a Non-Motion found under the event list Other Answers, then separately file the Memorandum of Law using the event type Memorandum of Law in Support of a Non-Motion found under the event list Other Answers. (dt)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt)
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Set/Reset Hearings:( Telephone Conference set for 3/24/2021 at 02:30 PM before Judge Mary Kay Vyskocil.) (mro)
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time. Granted. (Signed by Judge Mary Kay Vyskocil on 2/17/2021) (mro)
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Set/Reset Deadlines: New York City Department of Education answer due 3/31/2021. (mro)
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Filing 5
FIRST LETTER MOTION for Extension of Time to Respond to the Complaint (on Consent) addressed to Judge Mary Kay Vyskocil from Sherry N. Glover dated February 16, 2021. Document filed by New York City Department of Education..(Glover, Sherry)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(gp)
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Magistrate Judge Robert W. Lehrburger 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. (gp)
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Case Designated ECF. (gp)
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Filing 3
CIVIL COVER SHEET filed..(Kopp, Benjamin)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by Y. S.(individually), Y. S.(on behalf of Y.F. and S.F., children with disabilities)..(Kopp, Benjamin)
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Filing 1
COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-23695204)Document filed by Y. S.(individually), Y. S.(on behalf of Y.F. and S.F., children with disabilities)..(Kopp, Benjamin)
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| Plaintiff: Y. S. | |
| Represented By: | Benjamin Kopp |
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| Defendant: New York City Department of Education | |
| Represented By: | Sherry Nicole Glover |
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