S.U et al v. New York City Department of Education
| Bekim uka, Syzanna uka, B.U, S.U, S.U. and B.U. |
| NEW YORK CITY DEPARTMENT OF EDUCATION |
| 1:2022cv04711 |
| June 6, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Barbara C Moses |
| Civil Rights: Education |
| 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
ORDER: granting #26 Letter Motion for Extension of Time to Answer re #26 FIRST LETTER MOTION for Extension of Time to File Answer On Consent. addressed to Magistrate Judge Barbara C. Moses from Simone Nicholson dated July 13, 2022. JOINT LETTER MOTION to Adjourn Conference Sine Die. addressed to Magistrate Judge Barbara C. Moses from Simone Nicholson dated July 13, 2022.; granting #26 Letter Motion to Adjourn Conference. The Court has received and reviewed defendant's letter-motion dated July 12, 2022. (Dkt. No. 26). The letter-motion is GRANTED to the extent that: The conference scheduled for August 24, 2022 is ADJOURNED sine die. Defendant's time to answer the Complaint is EXTENDED to October 17, 2022. No later than November 12, 2022, the parties shall submit a joint status letter advising the Court as to whether the case has settled. If it has not, they shall propose three dates in November on which the parties are available for a morning scheduling conference. SO ORDERED.New York City Department of Education answer due 10/17/2022. (Signed by Magistrate Judge Barbara C. Moses on 7/14/2022) (ama)
|
| Filing 26 FIRST LETTER MOTION for Extension of Time to File Answer On Consent addressed to Magistrate Judge Barbara C. Moses from Simone Nicholson dated July 13, 2022., JOINT LETTER MOTION to Adjourn Conference Sine Die addressed to Magistrate Judge Barbara C. Moses from Simone Nicholson dated July 13, 2022. Document filed by New York City Department of Education..(Nicholson, Wynstelle) |
|
Filing 25
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 8/24/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ. P. 26(f) no later than 21 days prior to the initial case management conference. No later than one week (seven calendar days) prior to the conference, the parties shall file a Pre-Conference Statement, via ECF, signed by counsel for all parties. The Statement, which will constitute the written report required by Fed. R. Civ. P. 26(f)(2), shall contain the following information, as further set forth in this Order. To the extent the parties are in disagreement concerning any portion of the Pre-Conference Statement, they may submit separate proposals as to such portion, without argument. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/12/2022) (vfr)
|
| Filing 24 NOTICE OF APPEARANCE by Wynstelle Simone Nicholson on behalf of New York City Department of Education..(Nicholson, Wynstelle) |
|
Filing 23
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). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/27/2022) (ks)
|
| Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint served. New York City Department of Education served on 6/26/2022, answer due 7/18/2022. Service was made by Mail. Document filed by B.U. ; B.U; S.U. ; S.U..(Schinagle, Bonnie) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(gp) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #12 Complaint. Document filed by B.U, B.U., S.U, S.U...(Schinagle, Bonnie) |
| Filing 19 COMPLAINT against New York City Department of Education. Document filed by B.U., B.U, S.U., S.U..(Schinagle, Bonnie) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bonnie Schinagle to RE-FILE Document No. #17 Request for Issuance of Summons,. The filing is deficient for the following reason(s): filing fee must be paid in order for summons request to be issued;. 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) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Bonnie Schinagle. Civil Case Opening Fee of Due: for #19 Complaint. The filing fee due was not paid; either in whole or in part. Filing Fee due by 7/18/2022 (as per Judge's Order)..(gp) |
| Civil Case Opening Fee Payment: for #16 Complaint, #12 Complaint. Filing fee $ 402.00, receipt number ANYSDC-26315887..(Schinagle, Bonnie) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bonnie Schinagle to RE-FILE Document No. #19 Complaint. The filing is deficient for the following reason(s): The summons requested was not processed due to no filing fee paid. 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 Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp) |
|
Filing 18
ORDER DENYING IFP APPLICATIONS: Plaintiffs B.U. and S.U. who are husband and wife have requested leave to proceed in this Court in forma pauperis. (See Dkt. Nos. 5-6) B.U. has stated that he receives a monthly income of $4,320, has $70,000 in cash or in various accounts, and has "no" regular monthly expenses besides for gas for his car. (Dkt. No. 5) S.U. has stated that she is not currently employed, has no assets, and that her husband pays for her expenses. (Dkt. No. 6) Given B.U.'s representations regarding his assets and S.U.'s failure to explain why she does not have access to such assets, leave to proceed in forma pauperis is denied. Plaintiffs shall pay the Court's filing fee within 30 days, or this case will be dismissed without prejudice. SO ORDERED. Filing Fee due by 7/18/2022. (Signed by Judge Paul G. Gardephe on 6/17/2022) (ama)
|
| Filing 17 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #9 Complaint. Document filed by B.U, B.U., S.U, S.U...(Schinagle, Bonnie) Modified on 6/22/2022 (jgo). |
| Filing 16 COMPLAINT against New York City Department of Education. Document filed by B.U., B.U, S.U., S.U..(Schinagle, Bonnie) |
| Filing 15 CIVIL COVER SHEET filed..(Schinagle, Bonnie) |
| Filing 14 FILING ERROR - DEFICIENT- SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Dept. of Ed. c/o City of New York Legal Department, re: #9 Complaint. Document filed by B.U, B.U...(Schinagle, Bonnie) Modified on 6/14/2022 (vf). |
| Filing 13 FILING ERROR - DEFICIENT - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Dept. of Ed. c/o City of New York Legal Department, re: #9 Complaint. Document filed by S.U, S.U...(Schinagle, Bonnie) Modified on 6/14/2022 (vf). |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against New York City Department of Education. Document filed by S.U., S.U..(Schinagle, Bonnie) Modified on 6/14/2022 (vf). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against New York City Department of Education. Document filed by B.U..(Schinagle, Bonnie) Modified on 6/14/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bonnie Schinagle to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): not all the filer/filers were selected for the request for issuance of summons. Select each individual filer when prompted in ECF. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bonnie Schinagle to RE-FILE Document No. #10 Complaint, #9 Complaint. The filing is deficient for the following reason(s): not all of the filer/filers were selected for the pleading. Re-file the pleading under ONE Filing Event- Select each filer when prompted in ECF. Re-file the pleading using event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| Magistrate Judge Barbara C. Moses 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) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against New York City Department of Education. Document filed by S.U..(Schinagle, Bonnie) Modified on 6/13/2022 (vf). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against New York City Department of Education. Document filed by B.U..(Schinagle, Bonnie) Modified on 6/13/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bonnie Schinagle. The following case opening statistical information was erroneously selected/entered: Dollar Demand $22,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to Bronx;. (pc) |
| Filing 8 FILING ERROR - DEFICIENT - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education c/o City of New York Law Dept., re: #2 Complaint,. Document filed by B.U..(Schinagle, Bonnie) Modified on 6/13/2022 (vf). |
| Filing 7 CIVIL COVER SHEET filed..(Schinagle, Bonnie) |
| Filing 6 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by S.U..(Schinagle, Bonnie) |
| Filing 5 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by B.U..(Schinagle, Bonnie) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bonnie Schinagle to RE-FILE Document No. #4 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. Attach the Summons PDF Form only, the Civil Cover Sheet is filed as its own individual event, not as an attachment; The Summons request is not linked to the correctly filed pleading; not all the filer/filers were selected for 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 Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) Modified on 6/8/2022 (vf). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Bonnie Schinagle to RE-FILE Document #3 Petition (Other). The wrong event type was used to file the IFP Application. Each IFP Application is filed as its own individual event. Use the event type Request to Proceed In Forma Pauperis found under the event list Other Documents-attach the correct PDF. (vf) |
| Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education c/o City of N.Y. Law Department, re: #2 Complaint, #3 Petition (Other). Document filed by B.U. (Attachments: #1 Civil Cover Sheet Civil cover sheet).(Schinagle, Bonnie) Modified on 6/8/2022 (vf). |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION IN FORMA PAUPERIS..Document filed by B.U..(Schinagle, Bonnie) Modified on 6/8/2022 (vf). |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Bonnie Schinagle. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bonnie Schinagle. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION; Plaintiffs. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bonnie Schinagle to RE-FILE Document No. #2 Complaint, #1 Complaint. The filing is deficient for the following reason(s): not all the filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE or FILE IFP APPLICATION. Notice to Attorney Bonnie Schinagle. Civil Case Opening Fee of Due: for #1 Complaint, #2 Complaint. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 6/13/2022. (vf) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Bonnie Schinagle to Document #2 Complaint, #1 Complaint. The IFP Application is filed as its own individual event, not as an attachment. Use the event type Request to Proceed In Forma Pauperis found under the event list Other Documents-attach the correct PDF. (vf) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against New York City Department of Education. Document filed by B.U, S.U. (Attachments: #1 Supplement IFP petition).(Schinagle, Bonnie) Modified on 6/7/2022 (vf). Modified on 6/7/2022 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against B.U. Document filed by B.U, S.U. (Attachments: #1 Supplement IFP petition).(Schinagle, Bonnie) Modified on 6/7/2022 (vf). Modified on 6/7/2022 (vf). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
