A.K. et al v. New York City Department of Education
| A.K. and L.K. |
| NEW YORK CITY DEPARTMENT OF EDUCATION |
| A K and L K |
| 1:2021cv04656 |
| May 25, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2021. A more recent docket listing may be available from PACER.
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Filing 18
MEMO ENDORSEMENT on re: #17 Status Report filed by New York City Department of Education. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/2/2021) (rro) Modified on 7/19/2021 (rro).
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| Filing 17 STATUS REPORT. Filed on consent, and request to enlarge Defendant's time to respond to the complaint to allow the parties to focus on resolution of this proceeding Document filed by New York City Department of Education..(Forster, Ian) |
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter filed by L.K., A.K.ENDORSEMENT: Application GRANTED. The hearing on Plaintiffs motion for a temporary restraining order, scheduled for June 4, 2021, is hereby ADJOURNED sine die. The Parties shall submit a joint status update on or by July 6, 2021. So Ordered. (Signed by Judge Katherine Polk Failla on 6/3/2021) (js) Modified on 6/8/2021 (js).
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| Filing 15 LETTER addressed to Judge Katherine Polk Failla from Ellen Marjorie Saideman dated 06/03/2021 re: TRO motion has been resolved. Document filed by A.K., L.K...(Saideman, Ellen) |
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Filing 14
ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF: Upon Plaintiffs' annexed Complaint, Notice of Motion for a Temporary Restraining Order and Preliminary Injunction, 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, 40 Foley Square, New York, New York 10007 by telephonic Conference on June 4, 2021 at 3:00 o'clock in the p.m. of that day why a TEMPORARY RESTRAINING ORDER and/or PRELIMINARY INJUNCTION should not issue, pursuant to, respectfully, Fed. R. Civ. P. 65 and/or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, the Americans with Disabilities Act, the Individuals with Disabilities Education Act, 20U.S.C. 1400, et seq., and the regulations promulgated thereunder, to extend A.K.'s eligibility for services under IDEA for the 2021-2022 academic year and continue funding his current educational program at NECC on a monthly basis for the 2021-2022 academic year and/or continue funding his program pending the current pending due process proceedingsand/or pending a hearing on the motions for a temporary restraining order and apreliminary injunction.IT IS FURTHER ORDERED that service of this Order to Show Cause upon the Partiesshall be complete upon the filing of this Order to Show Cause by the Court via CaseManagement/Electronic Case Filed (CM/ECF) and emailing a copy toServiceECF@law.nyc.gov; andIT IS FURTHER ORDERED that any papers in opposition to Plaintiffs' application fora temporary restraining order and preliminary injunctive shall be served by ECF andemail on Plaintiffs' counsel, with a courtesy copy by email on this Court by 9:00 a.m. on June 3, 2021. At 3:00 p.m. on June 4, 2021, the parties shall call (888)363-4749 and enter access code 5123533. Please note, theconference will not be available prior to 3:00 p.m. (Show Cause Response due by 6/3/2021., Telephone Conference set for 6/4/2021 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/28/2021) (rro)
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| Filing 13 LETTER addressed to Judge Katherine Polk Failla from Ellen Marjorie Saideman dated May 28. 2021 re: Motion for a Temporary Restraining Order. Document filed by A.K., L.K...(Saideman, Ellen) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(sj) |
| Filing 11 MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by A.K., L.K.. (Attachments: #1 Declaration, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Memorandum of Law, #5 Proposed Order to Show Cause).(Saideman, Ellen) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by A.K., L.K...(Saideman, Ellen) |
| Filing 9 NOTICE OF APPEARANCE by Ian William Forster on behalf of New York City Department of Education..(Forster, Ian) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ellen Saideman to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is Blank. 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. (vf) |
| Filing 8 NOTICE OF APPEARANCE by Michelle Lee Siegel on behalf of A.K., L.K...(Siegel, Michelle) |
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Filing 7
ORDER granting #4 Motion re: #4 MOTION leave to proceed anonymously re: #1 Complaint, . On the record before the Court, the Court finds that Plaintiffs' interests in proceeding anonymously outweigh the public interest in disclosure and any prejudice to Defendants. See Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189 (2d Cir. 2008). Therefore, Plaintiffs' Motion to Proceed Anonymously and to Redact Identifying Information is GRANTED. The Clerk of Court is directed to terminate the motion at docket entry 4. (Signed by Judge Katherine Polk Failla on 5/26/2021) (rro)
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| Filing 6 FILING ERROR - DEFICIENT - SUMMONS REQUESTED- BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by A.K., L.K...(Saideman, Ellen) Modified on 5/27/2021 (vf). |
| Filing 5 CIVIL COVER SHEET filed..(Saideman, Ellen) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ellen Saideman. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 440 (Civil Rights: Other); Jury Demand code n (None); County code Albany. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 448 (Civil Rights: Education); the Jury Demand code has been modified to p (Plaintiff); the County code has been modified to New York. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ellen Saideman. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION; A.K.; L.K.. 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ellen Saideman to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error; Signature of the ECF Filing Attorney user not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ellen Saideman to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is Blank. 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. (vf) |
| 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. (vf) |
| Filing 4 MOTION leave to proceed anonymously re: #1 Complaint, . Document filed by A K, L K. Return Date set for 6/8/2021 at 09:00 AM. (Attachments: #1 Memorandum of Law).(Saideman, Ellen) |
| Filing 3 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Saideman, Ellen) Modified on 5/26/2021 (vf). |
| Filing 2 FILING ERROR - DEFICIENT - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by A K, L K..(Saideman, Ellen) Modified on 5/26/2021 (vf). |
| Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-24584259)Document filed by A K., L.K.(Attachments: #1 Exhibit Article: NYC students set to 'age out' of school may stay an extra year).(Saideman, Ellen) |
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