Neske et al v. Carranza et al
| Dorothy Neske and Christopher Neske |
| New York City Department of Education and Chancellor of DOE Meisha Porter |
| 1:2021cv10363 |
| December 6, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Civil Rights: Education |
| 20 U.S.C. § 1401 |
| None |
Docket Report
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This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.
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Filing 35
ORDER: granting #34 Letter Motion for Extension of Time. Application Granted. SO ORDERED. Cross Motions due by 3/23/2022. Motions due by 2/21/2022. (Signed by Judge Valerie E. Caproni on 1/27/2022) (ama)
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Filing 34
LETTER MOTION for Extension of Time for Cross-Motions for Summary Judgment and Revised Briefing Schedule addressed to Judge Valerie E. Caproni from Peter G. Albert dated 1/27/22. Document filed by Christopher Neske, Dorothy Neske..(Albert, Peter)
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Set/Reset Deadlines: Responses due by 4/22/2022 Replies due by 5/6/2022. (ama)
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Filing 33
MEMO ENDORSEMENT on re: #32 Letter filed by Meisha Porter, New York City Department of Education. ENDORSEMENT: The proposed briefing schedule for the parties' cross-motions for summary judgment is hereby ADOPTED. SO ORDERED. ( Cross Motions due by 3/2/2022., Motions due by 1/31/2022., Responses due by 4/1/2022, Replies due by 4/15/2022.) (Signed by Judge Valerie E. Caproni on 12/20/2021) (tg)
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Filing 32
JOINT LETTER addressed to Judge Valerie E. Caproni from Copatrick Thomas dated 12/20/2021 re: items listed in the Court's Order dated 12/6/2021. Document filed by New York City Department of Education, Meisha Porter..(Thomas, Copatrick)
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Filing 31
***SELECTED PARTIES*** LETTER addressed to Judge Valerie E. Caproni from Copatrick Thomas dated 12/20/2021 re: Certified Administrative Record. Document filed by New York City Department of Education, Dorothy Neske, Christopher Neske, Meisha Porter. (Attachments: #1 Exhibit Part 1, Certified Administrative Record, #2 Exhibit Part 2, Certified Administrative Record, #3 Exhibit Part 3, Certified Administrative Record, #4 Exhibit Part 4, Certified Administrative Record)Motion or Order to File Under Seal: #28 .(Thomas, Copatrick)
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time. Application GRANTED. The deadline for the parties to submit their joint letter is adjourned to Monday, December 20, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/9/2021) (tg)
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Filing 29
LETTER MOTION for Extension of Time to File Joint Letter addressed to Judge Valerie E. Caproni from Peter G. Albert dated 12/9/21. Document filed by Christopher Neske, Dorothy Neske..(Albert, Peter)
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Filing 28
ORDER: IT IS HEREBY ORDERED, that by no later than Friday, December 10, 2021, Defendants must refile a certified copy of the underlying administrative record. Defendants must comply with Rule 5(B) of the undersigned's Individual Practices in Civil Cases, which pertains to sealing. IT IS FURTHER ORDERED, that by no later than Friday, December 10, 2021, the parties must file a joint letter addressing the following topics: 1. a statement of all existing deadlines, due dates, and/or cut-off dates; 2. a brief description of any outstanding motions or requests; 3. a statement of whether the parties are seeking additional discovery beyond the administrative record and if so, a brief description of the status of that discovery and of any additional discovery that needs to be completed; 4. a statement of whether the parties believe cross-motions for summary judgment remain the most efficient way to resolve this dispute and if so, a proposed briefing schedule for such motions; 5. a statement describing the status of any settlement discussions and whether the parties would like a settlement conference; 6. a statement of the anticipated length of trial and whether the case is to be tried to a jury; 7. any other issue that the parties would like the Court to be aware of; and 8. any other information that the parties believe may assist the Court in advancing the case to settlement or trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/6/2021) (tg) Modified on 12/6/2021 (tg).
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Filing 27
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:20-cv-04801. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Magistrate Judge Debra C. Freeman 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. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. 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. (sjo)
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Filing 26
MEMORANDUM & ORDER: The Motion to Change Venue #24 is granted. This action is transferred to the United States District Court for the Southern District of New York pursuant to 28 U.S.C. 1404(a). All other relief sought by Plaintiffs is denied without prejudice to the renewal of the requests before the transferee court. The Clerk of Court is respectfully directed to transfer this case to the Southern District of New York. Local Rule 83.1 of the Eastern District of New York, which requires a seven-day delay between the date of this Order and transfer, is waived. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 12/2/2021. (Guy, Alicia) [Transferred from New York Eastern on 12/6/2021.]
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Case transferred to District of New York, Southern. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Guy, Alicia)[Transferred from New York Eastern on 12/6/2021.]
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Filing 25
RESPONSE to Motion re #24 Letter MOTION to Change Venue to the Southern District of New York filed by Christopher Neske, Dorothy Neske. (Bellantoni, Rory) [Transferred from New York Eastern on 12/6/2021.]
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Filing 24
Letter MOTION to Change Venue to the Southern District of New York by Meisha Porter, The New York City Department of Education. (Rauchberg, Andrew) [Transferred from New York Eastern on 12/6/2021.]
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Filing 23
Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Pre Motion Conference held on 8/16/2021. As discussed on the record, the parties shall file letter briefs not to exceed four pages as follows: Defendants' brief by September 3, 2021; and Plaintiffs' response by September 10, 2021. (Electronically recorded.) (Guy, Alicia) [Transferred from New York Eastern on 12/6/2021.]
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Filing 22
NOTICE of Appearance by Rory J. Bellantoni on behalf of Christopher Neske, Dorothy Neske (aty to be noticed) (Bellantoni, Rory) [Transferred from New York Eastern on 12/6/2021.]
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ORDER granting #21 Motion to Substitute Attorney. Attorney Andrew J. Rauchberg hereby substitutes Attorney Rosemary Yogiaveetil as counsel of record for defendants New York City Department of Education and Chancellor Meisha Porter. Ordered by Magistrate Judge James R. Cho on 8/16/2021. (Gillespie, Saudia) [Transferred from New York Eastern on 12/6/2021.]
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Filing 21
MOTION to Substitute Attorney Andrew J. Rauchberg in place of Rosemary C. Yogiaveetil by Meisha Porter, The New York City Department of Education. (Rauchberg, Andrew) [Transferred from New York Eastern on 12/6/2021.]
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ORDER granting #20 Motion for Pre Motion Conference -- A pre-motion conference will be held on August 16, 2021, at 3:00 p.m. by telephone. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 7/22/2021. (Guy, Alicia) [Transferred from New York Eastern on 12/6/2021.]
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Filing 20
Joint MOTION for pre motion conference regarding Parties' Proposed Cross-Motions for Summary Judgment with Proposed Briefing Schedule, Filed in Accordance with the May 25, 2021 Order in this Action (ECF Dkt. No. 18) by Meisha Porter, The New York City Department of Education. (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 12/6/2021.]
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Filing 19
Letter accompanying Certified Copy of Underlying Administrative Record (Record to be Sealed per May 25,2021 Order)) by Meisha Porter, The New York City Department of Education (Attachments: #1 Administrative Record Certified Copy of Underlying Administrative Record) (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 12/6/2021.]
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Filing 18
ORDER re #17 : The Court has endorsed the parties' Proposed Order #17 regarding the production of the administrative record in this action. Ordered by Magistrate Judge James R. Cho on 5/25/2021. (Hazelwood, John) [Transferred from New York Eastern on 12/6/2021.]
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Filing 17
Letter Submitted Jointly by Parties in Response to Court's May 19, 2021 Order with Proposed Order by Meisha Porter, The New York City Department of Education (Attachments: #1 Proposed Order Ex. A. Proposed Order to Obtain Copy of Certified Record and File under Seal, in Addition to Setting Deadline to Commence Dispositive Motion Practice) (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 12/6/2021.]
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Minute Entry for Telephonic Initial Conference held on 5/19/2021 before Magistrate Judge James R. Cho: Peter Albert appeared for plaintiffs; Rosemary Yogiaveetil appeared for defendants. Parties to submit a proposed order by 5/21/2021 setting forth the deadline for filing under seal the underlying certified administrative record, and deadline for commencing dispositive motion practice. (FTR Log #2:30 - 2:42.) (Hazelwood, John) [Transferred from New York Eastern on 12/6/2021.]
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Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Robert M. Levy no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) [Transferred from New York Eastern on 12/6/2021.]
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ORDER: This case has been reassigned to Mag. Judge James R. Cho for pretrial purposes. The Telephonic-Initial Conference previously set for 5/19/2021 at 2:30 p.m. will proceed as scheduled. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 5/13/2021. (Gillespie, Saudia) [Transferred from New York Eastern on 12/6/2021.]
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SCHEDULING ORDER: The initial telephone conference via AT&T audio conference scheduled for May 10, 2021 is adjourned to May 19, 2021 at 2:30 p.m. before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 5/7/2021. (Marino, Janine) [Transferred from New York Eastern on 12/6/2021.]
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ORDER granting #16 Request for Permission not to submit the IC Questionnaire; and granting Motion to Substitute Party. Meisha Porter added. Richard Carranza (in his official capacity as Chancellor of the New York City Department of Education) terminated. Ordered by Magistrate Judge Robert M. Levy on 5/7/2021. (Marino, Janine) [Transferred from New York Eastern on 12/6/2021.]
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Filing 16
Joint MOTION to Substitute Party Chancellor Meisha Porter for former Chancellor Richard Carranza and to Request Permission Not to Submit the Initial Conference Questionnaire in Anticipation of the Initial Conference Given the Nature of the Case by Richard Carranza, The New York City Department of Education. (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 12/6/2021.]
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Filing 15
SCHEDULING ORDER: An initial conference by telephone has been scheduled for May 10, 2021 at 11:30 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. All counsel must be available. Plaintiffs' counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 3/29/2021. (Attachments: #1 IC Questionnaire, #2 Individual Rules) (Marino, Janine) [Transferred from New York Eastern on 12/6/2021.]
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Filing 14
ANSWER to #1 Complaint, by Richard Carranza, The New York City Department of Education. (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 12/6/2021.]
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ORDER granting #10 Motion for Extension of Time to Answer, alll Defendants, as I accept defendants counsels explanation, as an officer of the court, of the reason for the extension. Ordered by Magistrate Judge Robert M. Levy on 3/1/2021. (Levy, Robert) [Transferred from New York Eastern on 12/6/2021.]
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Filing 13
REPLY in Support re #10 Letter MOTION for Extension of Time to File Answer re #5 Summons Issued, #1 Complaint, and in Response to Plaintiffs' Opposition (ECF Dkt. No. 11) filed by All Defendants. (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 12/6/2021.]
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Filing 12
NOTICE of Appearance by Rosemary Yogiaveetil on behalf of All Defendants (aty to be noticed) (Yogiaveetil, Rosemary) [Transferred from New York Eastern on 12/6/2021.]
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Filing 11
RESPONSE in Opposition re #10 Letter MOTION for Extension of Time to File Answer re #5 Summons Issued, #1 Complaint, filed by Christopher Neske, Dorothy Neske. (Albert, Peter) [Transferred from New York Eastern on 12/6/2021.]
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Filing 10
Letter MOTION for Extension of Time to File Answer re #5 Summons Issued, #1 Complaint, by Richard Carranza, The New York City Department of Education. (Pines, Jonathan) [Transferred from New York Eastern on 12/6/2021.]
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Filing 9
ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint, service on Defendant New York City Department of Education Acknowledgement filed by Christopher Neske, Dorothy Neske. (Albert, Peter) [Transferred from New York Eastern on 12/6/2021.]
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Filing 8
ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint, service on Defendant Richard Carranza Acknowledgement filed by Christopher Neske, Dorothy Neske. (Albert, Peter) [Transferred from New York Eastern on 12/6/2021.]
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Filing 7
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 12/6/2021.]
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Filing 6
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 12/6/2021.]
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Filing 5
Summons Issued as to All Defendants. (Attachments: #1 NYCDE summons) (Bowens, Priscilla) [Transferred from New York Eastern on 12/6/2021.]
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Filing 4
Proposed Summons. Re #1 Complaint, by Christopher Neske, Dorothy Neske (Albert, Peter) [Transferred from New York Eastern on 12/6/2021.]
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Filing 3
Proposed Summons. Re #1 Complaint, by Christopher Neske, Dorothy Neske (Albert, Peter) [Transferred from New York Eastern on 12/6/2021.]
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Filing 2
Civil Cover Sheet.. Re #1 Complaint, by Christopher Neske, Dorothy Neske (Albert, Peter) [Transferred from New York Eastern on 12/6/2021.]
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Case Assigned to Judge Eric R. Komitee and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 12/6/2021.]
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FINAL NOTICE: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) [Transferred from New York Eastern on 12/6/2021.]
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SECOND NOTICE: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) [Transferred from New York Eastern on 12/6/2021.]
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Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) [Transferred from New York Eastern on 12/6/2021.]
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Filing 1
COMPLAINT against Richard Carranza, The New York City Department of Education filing fee $ 400, receipt number ANYEDC-13480261 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Dorothy Neske(as Parent and Natural Guardian of A.N.), Christopher Neske(Individually), Christopher Neske(as Parent and Natural Guardian of A.N.), Dorothy Neske(Individually). (Albert, Peter) [Transferred from New York Eastern on 12/6/2021.]
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