H. et al v. New York City Department of Education
| T. H. |
| New York City Department of Education |
| 1:2021cv10962 |
| December 21, 2021 |
| US District Court for the Southern District of New York |
| James L Cott |
| Jesse M Furman |
| Civil Rights: Education |
| 20 U.S.C. ยง 1415 |
| None |
Docket Report
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Filing 12
ENDORSED LETTER addressed to Judge Jesse M. Furman from Kevin M. Mendillo dated 2/1/2022 re: I write on behalf of all patties for purposes of responding to the Court's Order, dated December 22, 2021 (Dkt. No. 5). ENDORSEMENT: Counsel are reminded that letters to the Court must be filed on ECF, not emailed to the Court. SO ORDERED.. (Signed by Judge Jesse M. Furman on 2/1/2022) (kv)
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Filing 11
ORDER. Given the parties' report in the joint letter, the Court will not schedule an initial pretrial conference. The briefing schedule (if necessary) proposed by the parties is hereby approved. The parties should advise the Court by letter no later than April 1, 2022 whether they wish to schedule a settlement conference with the Court (or be referred to the Court Mediation Program). (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 10 JOINT LETTER addressed to Magistrate Judge James L. Cott from Kevin M. Mendillo dated February 1, 2022 re: Court's Order (Dkt. No 5). Document filed by T. H.(individually), T. H.(on behalf of M.H., a child with a disability )..(Mendillo, Kevin) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge James L. Cott from Mark G. Toews dated January 7, 2022.. All Defendants. Application granted, on consent. The time to respond to the complaint is extended to March 14, 2022. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 8 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge James L. Cott from Mark G. Toews dated January 7, 2022. Document filed by New York City Department of Education..(Toews, Mark) |
| Filing 7 NOTICE OF APPEARANCE by Mark Galen Toews on behalf of New York City Department of Education..(Toews, Mark) |
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Filing 6
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/22/2021) (ks)
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Filing 5
ORDER: In this case, Plaintiffs seeks attorneys fees in connection with their claims under the Individuals with Disabilities Education Act, Title 20, United States Code, Section 1410 et seq. By separate Order to be entered today, the Court is referring the matter to the assigned Magistrate Judge both for General Pretrial Purposes, including settlement, and for any dispositive motions, including motions for summary judgment. Unless and until the Magistrate Judge orders otherwise, the parties shall file a joint letter (addressed to the Magistrate Judge), no later than two weeks from the date of the date on which Defendant enters an appearance, and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. In addition, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, Plaintiffs shall, within two weeks of the date on which Defendant enters an appearance, either mail or email to Furman_NYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://www.nysd.uscourts.gov/node/754. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter by the same deadline advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/22/2021) (ks)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(gp) |
| 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 3 CIVIL COVER SHEET filed..(Mendillo, Kevin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by T. H.(individually), T. H.(on behalf of M.H., a child with a disability )..(Mendillo, Kevin) |
| Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-25499945)Document filed by T. H.(individually), T. H.(on behalf of M.H., a child with a disability )..(Mendillo, Kevin) |
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| Plaintiff: T. H. | |
| Represented By: | Kevin Mendillo |
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| Defendant: New York City Department of Education | |
| Represented By: | Mark Galen Toews |
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