L B et al v. New York City Department of Education
| L B, S B and L H B |
| NEW YORK CITY DEPARTMENT OF EDUCATION |
| 1:2021cv09356 |
| November 12, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Civil Rights: Education |
| 20 U.S.C. § 1415 |
| None |
Docket Report
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This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
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Filing 23
SCHEDULING ORDER: The hearing on Plaintiffs' motion for emergency relief is adjourned. The Court will issue its ruling based on the parties' submissions. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order)
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Filing 22
LETTER MOTION for Conference re: #21 FIRST LETTER MOTION for Conference re: #2 Complaint addressed to Judge Mary Kay Vyskocil from Alexandra L. Yacyshyn dated January 6, 2022. Response from Plaintiffs addressed to Judge Mary Kay Vyskocil from Ellen Saideman dated 01/07/2022. Document filed by L B, L H B, S B..(Saideman, Ellen)
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Filing 21
FIRST LETTER MOTION for Conference re: #2 Complaint addressed to Judge Mary Kay Vyskocil from Alexandra L. Yacyshyn dated January 6, 2022. Document filed by New York City Department of Education..(Yacyshyn, Alexandra)
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Filing 20
FIRST LETTER MOTION for Conference re: #2 Complaint addressed to Judge Mary Kay Vyskocil from Alexandra L. Yacyshyn dated January 6, 2022. Document filed by New York City Department of Education..(Yacyshyn, Alexandra)
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Filing 19
FIRST MEMORANDUM OF LAW in Opposition re: #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by New York City Department of Education..(Yacyshyn, Alexandra)
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Filing 18
ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Alexandra L. Yacyshyn dated December 2, 2021., #2 Complaint. Granted. SO ORDERED. Answer due by January 6, 2021. New York City Department of Education answer due 1/6/2022. (Signed by Judge Mary Kay Vyskocil on 12/6/2021) (rro) Modified on 12/13/2021 (rro).
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Filing 17
ORDER granting Defendant's request, on Plaintiffs' consent, for an extension of time to oppose Plaintiffs' motion for a preliminary injunction [ECF No. 16]. The hearing on Plaintiffs' motion is ADJOURNED to January 10, 2022 at 3:00 PM. Defendant's response to the motion is due on January 6, 2022 at 10:00 AM. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order)
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Filing 16
SECOND LETTER MOTION for Extension of Time to Respond to Plaintiffs' Application for Preliminary Injunctive Relief addressed to Judge Mary Kay Vyskocil from Alexandra L. Yacyshyn dated December 3, 2021. Document filed by New York City Department of Education..(Yacyshyn, Alexandra)
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Filing 15
FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Alexandra L. Yacyshyn dated December 2, 2021. Document filed by New York City Department of Education..(Yacyshyn, Alexandra)
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Filing 14
ORDER granting in part and denying in part #13 Letter Motion for Extension of Time to File Response/Reply re #13 LETTER MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . addressed to Judge Mary Kay Vyskocil from Andrew J. Rauchberg dated No. Defendant's request for an extension of time, on Plaintiffs' consent, is GRANTED IN PART. The hearing will take place on December 9, 2021 at 11:30 AM. All submissions in advance of the hearing are due on MONDAY, DECEMBER 6 2021 at 11:30 AM. Responses due by 12/6/2021. (Signed by Judge Mary Kay Vyskocil on 11/29/2021) (tg)
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Set/Reset Hearings: Telephone Conference set for 12/9/2021 at 11:30 AM before Judge Mary Kay Vyskocil. (tg)
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Filing 13
LETTER MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . addressed to Judge Mary Kay Vyskocil from Andrew J. Rauchberg dated November 24, 2021. Document filed by New York City Department of Education..(Rauchberg, Andrew)
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Filing 12
ACKNOWLEDGMENT OF SERVICE of Scheduling Order, Notice of Motion, Memo of Law, Exhibit, Declaration, Proposed Order served on New York City Department of Education on 11/23/2021. Document filed by L B, L H B, S B..(Saideman, Ellen)
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Filing 11
SCHEDULING ORDER with respect to #10 Motion for TRO; with respect to #10 Motion for Preliminary Injunction. The Court is in receipt of Plaintiffs' application for emergency relief [ECF No. 10]. IT IS HEREBY ORDERED that Plaintiffs shall serve their motion and this Order on Defendant, and shall file proof of such service on ECF, by 10:00 AM on November 24, 2021. IT IS FURTHER ORDERED that Defendant shall file any opposition by 10:00 AM on November 30, 2021. IT IS FURTHER ORDERED that the parties shall appear for a telephonic hearing on the motion on December 2, 2021 at 10:00 AM. To join the hearing, dial 888-278-0296 at the scheduled time. When prompted, enter Access Code 5195844. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/23/2021) (tg)
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Filing 10
MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction .( Return Date set for 12/7/2021 at 02:00 PM.) Document filed by L B, L H B, S B. (Attachments: #1 Declaration of S.B., #2 Memorandum of Law, #3 Exhibit Exhibit A to Memorandum of law, #4 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.)
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Set/Reset Deadlines: ( Responses due by 11/30/2021), Set/Reset Hearings:( Telephone Conference set for 12/2/2021 at 10:00 AM before Judge Mary Kay Vyskocil.) (tg)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (vf)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #2 Complaint. Document filed by L B, L H B, S B..(Saideman, Ellen)
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Filing 7
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #2 Complaint. Document filed by L B, L H B, S B..(Saideman, Ellen) Modified on 11/15/2021 (vf).
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Filing 6
CIVIL COVER SHEET filed..(Saideman, Ellen)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ellen Saideman. The party information for the following party/parties has been modified: L B; S B; L H B; 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; party role was entered incorrectly; party text was omitted;. (jgo)
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***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: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo)
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***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): the PDF attached to the docket entry for the civil cover sheet is not correct; Jury Demand code was not selected; Courthouse Assignment code was not selected; the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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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. (jgo)
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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..(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ellen Saideman to RE-FILE Document No. #1 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the Court name is not on the PDF; party name on the PDF case caption and the PDF 'To' section does not match as it appears on the pleading caption; summons request must be linked to the pleading. 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. (jgo)
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Case Designated ECF. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ellen Saideman to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): plaintiff or plaintiffs attorney information section of Summons form not provided. 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)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ellen Saideman to RE-FILE Document #5 MOTION to proceed anonymously re: #2 Complaint .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion.. (kj)
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to proceed anonymously re: #2 Complaint . Document filed by L B, L H B, S B. Return Date set for 11/29/2021 at 09:00 AM. (Attachments: #1 Memorandum of Law).(Saideman, Ellen) Modified on 12/2/2021 (kj).
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Filing 4
NOTICE OF APPEARANCE by Ellen Saideman on behalf of L B, L H B, S B..(Saideman, Ellen)
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Filing 3
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Saideman, Ellen) Modified on 11/15/2021 (jgo).
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Filing 2
COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-25324117)Document filed by L B, L H B, S B. (Attachments: #1 Exhibit Hearing officer decision on pendency).(Saideman, Ellen)
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Filing 1
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: Complaint. Document filed by L B, L H B, S B..(Saideman, Ellen) Modified on 11/15/2021 (jgo).
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