M.W. et al v. New York City Department of Education
Plaintiff: M.W. and P.C.
Defendant: New York City Department of Education
Case Number: 1:2022cv01200
Filed: February 11, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Referring Judge: Katharine H Parker
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. ยง 1415 IDEA: Challenge decision re education for handicapped
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2022 Filing 18 CERTIFICATE OF SERVICE of Summons and Amended Complaint,. New York City Department of Education served on 3/25/2022, answer due 4/15/2022. Service was made by E-mail. Document filed by P.C.(and on behalf of M.C.); M.W.(individually); P.C.(individually); M.W.(and on behalf of M.C.)..(Dayan, Adam)
March 25, 2022 Filing 17 ELECTRONIC AMENDED SUMMONS ISSUED as to New York City Department of Education. (vf)
March 25, 2022 Filing 16 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to New York City Department of Education, re: #15 Amended Complaint,. Document filed by M.W.(individually), M.W.(and on behalf of M.C.), P.C.(and on behalf of M.C.), P.C.(individually)..(Dayan, Adam)
March 25, 2022 Filing 15 CONSENT AMENDED COMPLAINT amending #1 Complaint against New York City Department of Education.Document filed by P.C.(and on behalf of M.C.), M.W.(individually), P.C.(individually), M.W.(and on behalf of M.C.). Related document: #1 Complaint. (Attachments: #1 Exhibit Defendant's Consent to Amend Complaint).(Dayan, Adam)
March 21, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adam Dayan re: Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): the order granting permission to file the pleading was not attached. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf)
March 21, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Adam Dayan to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
March 18, 2022 Filing 14 FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #13 Amended Complaint,. Document filed by M.W.(individually), M.W.(and on behalf of M.C.), P.C.(and on behalf of M.C.), P.C.(individually)..(Dayan, Adam) Modified on 3/21/2022 (vf).
March 18, 2022 Filing 13 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - CONSENT AMENDED COMPLAINT amending #1 Complaint against New York City Department of Education.Document filed by P.C.(and on behalf of M.C.), M.W.(individually), P.C.(individually), M.W.(and on behalf of M.C.). Related document: #1 Complaint..(Dayan, Adam) Modified on 3/21/2022 (vf).
March 11, 2022 Filing 12 NOTICE OF APPEARANCE by Wynstelle Simone Nicholson on behalf of New York City Department of Education..(Nicholson, Wynstelle)
March 8, 2022 Opinion or Order Filing 11 ORDER granting #9 Letter Motion for Extension of Time to Answer addressed to Judge J. Paul Oetken from Simone Nicholson dated March 7, 2022. The Court is in receipt of letters from both parties regarding Defendant's request for an extension of time to answer or otherwise respond to the Complaint. (ECF Nos. 9, 10.) As an initial matter, the Honorable J. Paul Oetken referred this matter to me for general pretrial purposes. Therefore, motions for an extension of time are within the scope of authority of magistrate judges and such requests should be directed to the undersigned. While the court appreciates Plaintiff's concerns about delay, under the schedule proposed and allowed by this Court, the answer will be provided in advance of the ICMC scheduled on Tuesday, May 17, 2022 at 10:00 a.m. Thus, the extension - until May 9, 2022 - will not result in any material delay of this action. SO ORDERED. New York City Department of Education answer due 5/9/2022. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2022) (vfr)
March 7, 2022 Filing 10 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Adam Dayan dated March 7, 2022 re: #9 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Simone Nicholson dated March 7, 2022. . Document filed by M.W.(individually), M.W.(and on behalf of M.C.), P.C.(and on behalf of M.C.), P.C.(individually)..(Dayan, Adam)
March 7, 2022 Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Simone Nicholson dated March 7, 2022. Document filed by New York City Department of Education..(Nicholson, Wynstelle)
February 15, 2022 Opinion or Order Filing 8 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 5/17/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 2/15/2022) (vfr)
February 15, 2022 Opinion or Order Filing 7 ORDER REFERRING CASE TO 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). Referred to Magistrate Judge Katharine H. Parker. So Ordered. (Signed by Judge J. Paul Oetken on 2/15/2022) (js)
February 14, 2022 Filing 6 CERTIFICATE OF SERVICE of Summons and Complaint. New York City Department of Education served on 2/14/2022, answer due 3/7/2022. Service was made by E-mail. Document filed by P.C.(and on behalf of M.C.); M.W.(individually); P.C.(individually); M.W.(and on behalf of M.C.)..(Dayan, Adam)
February 14, 2022 Filing 5 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (sj)
February 14, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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)
February 14, 2022 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)
February 14, 2022 Case Designated ECF. (sj)
February 11, 2022 Filing 4 CIVIL COVER SHEET filed..(Dayan, Adam)
February 11, 2022 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by M.W.(individually), M.W.(and on behalf of M.C.), P.C.(and on behalf of M.C.), P.C.(individually)..(Dayan, Adam)
February 11, 2022 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by M.W.(individually), M.W.(and on behalf of M.C.), P.C.(and on behalf of M.C.), P.C.(individually)..(Dayan, Adam)
February 11, 2022 Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-25721918)Document filed by P.C.(and on behalf of M.C.), M.W.(individually), P.C.(individually), M.W.(and on behalf of M.C.)..(Dayan, Adam)

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Plaintiff: M.W.
Represented By: Adam Dayan
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Plaintiff: P.C.
Represented By: Adam Dayan
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Defendant: New York City Department of Education
Represented By: Wynstelle Simone Nicholson
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