M.H. v. New York City Department of Education
Plaintiff: M.H.
Defendant: NEW YORK CITY DEPARTMENT OF EDUCATION
Case Number: 1:2021cv03311
Filed: April 15, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Crotty
Nature of Suit: Civil Rights: Education
Cause of Action: 20:1400
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 28, 2021 Filing 18 SETTLEMENT AGREEMENT . Document filed by New York City Department of Education..(Rauchberg, Andrew)
May 24, 2021 Filing 17 MEMO ENDORSEMENT on re: #15 Status Report filed by New York City Department of Education. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 5/24/2021) (mro)
May 24, 2021 Opinion or Order Filing 16 ORDER denying as moot #7 Motion for TRO (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
May 21, 2021 Filing 15 STATUS REPORT. Document filed by New York City Department of Education..(Rauchberg, Andrew)
April 26, 2021 Opinion or Order Filing 14 ORDER. It having been reported to the Court today that the Defendant has agreed to pay for the IEE requested by Plaintiffs, Defendant's time to respond to the pending motion is extended sine die. The parties shall continue to discuss resolution of Plaintiff's request for attorneys' fees and costs and submit a letter to the Court by May 21, 2021 as to the status of the settlement discussions. To the extent the parties would like the Court's assistance with resolution of the remaining issues, they can so indicate in their May 21 letter. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
April 26, 2021 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Show Cause Hearing held on 4/26/2021.AT&T Conference Line. (ca)
April 26, 2021 Opinion or Order Filing 13 ORDER granting in part and denying in part #12 Letter Motion for Extension of Time to File Response/Reply re #12 LETTER MOTION for Extension of Time to File Response/Reply as to #7 EMERGENCY MOTION for Temporary Restraining Order . addressed to Magistrate Judge Katharine H. Parker from Andrew J. Rauchberg dated April 23, 2021. Responses due by 5/3/2021. The Court will still hold the telephone call today to discuss potential resolution and a date for a subsequent court conference with the parties. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
April 23, 2021 Filing 12 LETTER MOTION for Extension of Time to File Response/Reply as to #7 EMERGENCY MOTION for Temporary Restraining Order . addressed to Magistrate Judge Katharine H. Parker from Andrew J. Rauchberg dated April 23, 2021. Document filed by New York City Department of Education..(Rauchberg, Andrew)
April 20, 2021 Set/Reset Deadlines: Service due by 4/21/2021. (kv)
April 20, 2021 Opinion or Order Filing 11 ORDER TO SHOW CAUSE: It is hereby ORDERED, that the above-named Defendant show cause before Katharine H. Parker, United States Magistrate Judge, on April 26, 2021 at 4:30 p.m. why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure requiring the Defendant within one day of this Order to appoint an impartial hearing officer ("IHO"} to hear the claims set forth in the demand for due process filed by Plaintiffs with the Defendant's Impartial Hearing Office on January 27, 2021 and since designated by Defendant's Impartial Hearing Office as case number 206348; The parties shall dial 1-866-434-5269 code 4858267 for the hearing. It is further ORDERED electronic service of a copy of this order upon the Defendant or its counsel on or before April 22, 2021, at noon shall be deemed good and sufficient service thereof; and it is further ORDERED, that opposing papers, if any, shall be served electronically upon Steven J. Alizio, The Law Office of Steven Alizio, PLLC, 43 West 43rd Street, Suite 248, New York, NY 10036, salizio@edlawny.com, attorneys for the Plaintiffs, on or before April 26, 2021 at noon; and it is further ORDERED that Plaintiffs shall not be required to post security in this matter. Plaintiffs are ORDERED to serve a copy of the Comp la int and motion papers on the Defendant by April 21, 2021. Finally, the parties shall advise the Court as to whether they jointly consent to decision of this motion by a United States Magistrate Judge {that is, the undersigned), pursuant to the attached consent form. If either or both parties do not consent, counsel for Plaintiffs shall inform the Court that the parties do not consent, without indicating any particular party's consent or non-consent. This Order is not meant to interfere in any way with the parties' absolute right to decision by a United States District Judge, but is merely an attempt at preserving scarce judicial resources and reminding the parties of their option pursuant to 28 U.S.C. 636(c). SO ORDERED. Show Cause Hearing set for 4/26/2021 at 04:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/20/2021) (kv)
April 20, 2021 Opinion or Order Filing 10 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ORDER TO SHOW CAUSE & TRO. Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/20/2021) (ks)
April 19, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
April 19, 2021 Filing 9 DECLARATION of Steven J. Alizio, Esq. in Support re: #7 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by M.H., M.H.. (Attachments: #1 Exhibit Email from Impartial Hearing Office, #2 Exhibit Email from Impartial Hearing Office, #3 Exhibit Dec. 7, 2020 Ltr. to CSE, #4 Exhibit Notice of Decision of Public Assistance, #5 Exhibit Dec. 30, 2020 Prior Written Notice, #6 Exhibit Due Process Complaint, #7 Exhibit Email from Impartial Hearing Office).(Alizio, Steven)
April 19, 2021 Filing 8 MEMORANDUM OF LAW in Support re: #7 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by M.H., M.H...(Alizio, Steven)
April 19, 2021 Filing 7 EMERGENCY MOTION for Temporary Restraining Order . Document filed by M.H., M.H...(Alizio, Steven) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
April 19, 2021 Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by M.H., M.H...(Alizio, Steven) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
April 19, 2021 Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department of Education served on 4/16/2021, answer due 5/7/2021. Service was made by EMAIL. Document filed by M.H...(Alizio, Steven)
April 16, 2021 ADD PARTY FOR PLEADING. Plaintiffs/Petitioners M.H. added. Party added pursuant to #1 Complaint.Document filed by M.H.. Related document: #1 Complaint..(Alizio, Steven)
April 16, 2021 Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (sj)
April 16, 2021 Case Designated ECF. (sj)
April 16, 2021 Magistrate Judge Katharine H. Parker 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. (sj)
April 16, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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..(sj)
April 16, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven J. Alizio. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (sj)
April 16, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steven J. Alizio re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; M.H. must be added again with party text 'on behalf of her son, D.H.. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)
April 16, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Steven J. Alizio. The party information for the following party/parties has been modified: New York City Department of Education. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj)
April 15, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by M.H...(Alizio, Steven)
April 15, 2021 Filing 2 CIVIL COVER SHEET filed..(Alizio, Steven)
April 15, 2021 Filing 1 COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-24405130)Document filed by M.H...(Alizio, Steven)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: M.H. v. New York City Department of Education
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: M.H.
Represented By: Steven J. Alizio
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: NEW YORK CITY DEPARTMENT OF EDUCATION
Represented By: Andrew James Rauchberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?