Juca et al v. Porter et al
Plaintiff: Jhoana Juca and Victor Arteaga
Defendant: New York City Department Of Education, and Meisha Ross Porter
Case Number: 1:2021cv02457
Filed: March 21, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. ยง 1401
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2021 Filing 22 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from David S. Thayer dated May 19, 2021. Document filed by New York City Department Of Education,, Meisha Ross Porter..(Thayer, David)
April 21, 2021 Opinion or Order Filing 21 ORDER granting #19 Letter Motion for Extension of Time to Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 19, 2021; granting #19 Letter Motion for Extension of Time to File Response/Reply as to #10 Proposed Order to Show Cause With Emergency Relief, addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 19, 2021. Granted. The defendants' response to the preliminary injunction is due May 21, 2021 and the defendants' response to the Complaint is due May 19, 2021. SO ORDERED. New York City Department Of Education, answer due 5/19/2021; Meisha Ross Porter answer due 5/19/2021.( Responses due by 5/21/2021) (Signed by Judge Paul A. Engelmayer on 4/21/2021) (va)
April 20, 2021 Filing 20 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Rory J. Bellantoni dated April 20, 2021 re: #19 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 19, 2021.SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #10 Proposed Order to Show Cause With Emergency Relief, addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 19, 2021. . Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca..(Bellantoni, Rory)
April 19, 2021 Filing 19 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 19, 2021., SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #10 Proposed Order to Show Cause With Emergency Relief, addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 19, 2021. Document filed by New York City Department Of Education,, Meisha Ross Porter..(Thayer, David)
April 6, 2021 Opinion or Order Filing 18 ORDER: granting #17 Letter Motion for Extension of Time to File Response/Reply re #17 LETTER MOTION for Extension of Time to File Response/Reply as to #10 Proposed Order to Show Cause With Emergency Relief, addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 5, 2021. Granted. Defendants are directed to respond by April 21, 2021. SO ORDERED. Responses due by 4/21/2021. (Signed by Judge Paul A. Engelmayer on 4/06/2021) (ama)
April 5, 2021 Filing 17 LETTER MOTION for Extension of Time to File Response/Reply as to #10 Proposed Order to Show Cause With Emergency Relief, addressed to Judge Paul A. Engelmayer from David S. Thayer dated April 5, 2021. Document filed by New York City Department Of Education,, Meisha Ross Porter..(Thayer, David)
March 31, 2021 Opinion or Order Filing 16 ORDER granting #13 LETTER MOTION to Seal or remove Docket Sheet Entry # 9-1, currently under temporary seal. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/29/2021) (jca)
March 30, 2021 Filing 15 AFFIDAVIT OF SERVICE of Order of the Court Directing Defendants to Respond to Plaintiffs' Application - with accompanying documents. served on DEFENDANTS PORTER and NYC Department of Education on March 29, 2021. Service was made by by Email pursuant to Defendants' COVID protocols -- ServiceECF@law.nyc.gov. Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca..(Bellantoni, Rory)
March 29, 2021 Opinion or Order Filing 14 ORDER: The Court has received an application from plaintiffs for a preliminary injunction ("PI") in connection with their claim for funding for the 2019-2020 school year under the Individuals with Disabilities Education Act, 20 U.S.C. 1400. The Court orders defendants to respond to plaintiffs' application by Wednesday April 7, 2021. The Court directs plaintiffs to serve this order today on defendants, and to file an affidavit reflecting such service on the docket of this case by the close of business on Tuesday, March 30, 2021. SO ORDERED. (Responses due by 4/7/2021) (Signed by Judge Paul A. Engelmayer on 3/29/2021) (jca)
March 29, 2021 Filing 13 LETTER MOTION to Seal or remove Docket Sheet Entry # 9-1, currently under temporary seal, addressed to Judge Paul A. Engelmayer from Rory J. Bellantoni dated March 29, 2021. Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca..(Bellantoni, Rory)
March 29, 2021 Filing 12 DECLARATION of Rory J. Bellantoni in Support re: #10 Proposed Order to Show Cause With Emergency Relief,. Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca. (Attachments: #1 Exhibit 1-IHO Wahrman's FOFD, #2 Exhibit 2-Memorandum & Order of Judge Preska in L.V. v. DOE).(Bellantoni, Rory)
March 29, 2021 Filing 11 MEMORANDUM OF LAW in Support re: #10 Proposed Order to Show Cause With Emergency Relief, Request for Preliminary Injunction. Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca..(Bellantoni, Rory)
March 29, 2021 Filing 10 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca..(Bellantoni, Rory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
March 29, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT DECLARATION. Notice to attorney Rory Bellantoni to RE-FILE Document No. #9 Declaration in Support of Motion,. The filing is deficient for the following reason(s): the declaration has the wrong district listed on it. The declaration states: RORY J. BELLANTONI, an attorney, duly admitted to practice law in the United States District Court for the Eastern District of New York. Re-file the document using the event type other answers declaration in support of a motion. You also need to file a separate declaration in support of the order to show cause (filed under other answers, declaration in support of a non-motion). (km)
March 29, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
March 29, 2021 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Rory Bellantoni to RE-FILE Document #8 MOTION for Preliminary Injunction . The document filed is not the motion. (km)
March 29, 2021 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Rory Bellantoni to RE-FILE Document #7 Proposed Order to Show Cause Without Emergency Relief. Use the event type proposed orders, proposed order to show cause with emergency relief. (km)
March 28, 2021 Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rory J. Bellantoni in Support re: #8 MOTION for Preliminary Injunction .. Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca. (Attachments: #1 Exhibit 1 IHO Wahrman's FOFD, #2 Exhibit 2 Order of Judge Preska in L.V. v. DOE).(Bellantoni, Rory) Modified on 3/29/2021 (km).
March 28, 2021 Filing 8 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION for Preliminary Injunction . Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca..(Bellantoni, Rory) Modified on 3/29/2021 (km).
March 28, 2021 Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Victor Arteaga, Victor Arteaga, Jhoana Juca, Jhoana Juca..(Bellantoni, Rory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 3/29/2021 (km).
March 22, 2021 Filing 6 CIVIL COVER SHEET filed..(Bellantoni, Rory)
March 22, 2021 Filing 5 ELECTRONIC SUMMONS ISSUED as to New York City Department Of Education,, Meisha Ross Porter..(pc)
March 22, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Rory J. Bellantoni to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Jurisdiction was not selected. (pc)
March 22, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rory J. Bellantoni re: Document No. #1 Complaint. The filing is deficient for the following reason(s): Jhoana Juca, Victor Arteaga to CM ECF with the party text "individually" for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
March 22, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rory J. Bellantoni. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION, Jhoana Juca, Victor Arteaga.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (pc)
March 22, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
March 22, 2021 Case Designated ECF. (pc)
March 22, 2021 Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
March 22, 2021 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Jhoana Juca, Victor Arteaga added. Party added pursuant to #1 Complaint.Document filed by Jhoana Juca, Victor Arteaga. Related document: #1 Complaint..(Bellantoni, Rory)
March 21, 2021 Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 03-cv-9917 (LAP). Document filed by Victor Arteaga, Jhoana Juca..(Bellantoni, Rory)
March 21, 2021 Filing 3 CIVIL COVER SHEET filed..(Bellantoni, Rory)
March 21, 2021 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Meisha Ross Porter, Chancellor of the NYC Department of Education and NYC Department of Education, re: #1 Complaint. Document filed by Victor Arteaga, Jhoana Juca..(Bellantoni, Rory)
March 21, 2021 Filing 1 COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION, Meisha Ross Porter. (Filing Fee $ 402.00, Receipt Number ANYSDC-24282630)Document filed by Jhoana Juca, Victor Arteaga..(Bellantoni, Rory)

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Plaintiff: Jhoana Juca
Represented By: Rory J. Bellantoni
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Plaintiff: Victor Arteaga
Represented By: Rory J. Bellantoni
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Defendant: New York City Department Of Education,
Represented By: David Sumner Thayer
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Defendant: Meisha Ross Porter
Represented By: David Sumner Thayer
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