Mendez et al v. Banks et al
Plaintiff: Eileen Mendez, Kentaro Mizuta, Shannon Thomason, Vincent Penna, Yarely Mora and Maylene Otero
Defendant: David C Banks and New York City Department of Education
Alternative Dispute Resolution (Adr) Provider: Nahoko Mizuta
Case Number: 1:2022cv08397
Filed: September 30, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2022 Opinion or Order Filing 26 ORDER of USCA (Certified Copy) as to #17 Notice of Interlocutory Appeal,,, filed by Eileen Mendez, Maylene Otero, Nahoko Mizuta, Shannon Thomason, Kentaro Mizuta, Vincent Penna, Yarely Mora. USCA Case Number 22-2663. Appellants move for an expedited briefing schedule and an injunction under 20 U.S.C. 1415(j). Upon due consideration, it is hereby ORDERED that the motion is GRANTED insofar as it seeks an expedited briefing schedule, but DENIED insofar as it seeks injunctive relief. Plaintiffs have failed to show compliance with Federal Rule of Appellate Procedure 8(a)(2)(A) or that they meet the criteria necessary to obtain an injunction pending appeal. See Agudath Israel of Am. v. Cuomo, 980 F.3d 222, 225-26 (2d Cir. 2020), rev'd on other grounds, 141 S. Ct. 63 (2020). Because Appellants proposed expedited briefing schedule is outdated, Appellants are directed to file a scheduling notification with a new proposed expedited briefing schedule. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/23/2022..(nd)
November 15, 2022 Opinion or Order Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING ON APPLICATION FOR PRELIMINARY INJUNCTION proceeding held on 10/11/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
November 15, 2022 Opinion or Order Filing 24 TRANSCRIPT of Proceedings re: HEARING ON APPLICATION FOR PRELIMINARY INJUNCTION held on 10/11/2022 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2022. Redacted Transcript Deadline set for 12/16/2022. Release of Transcript Restriction set for 2/13/2023. (js)
November 9, 2022 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/9/2022) (tg)
November 9, 2022 Opinion or Order Filing 22 LETTER MOTION for Extension of Time to file a Verified Answer nunc pro tunc addressed to Judge Mary Kay Vyskocil from Jacquelyn Dainow dated 11/9/22. Document filed by David C Banks, New York City Department of Education..(Dainow, Jacquelyn)
November 9, 2022 Opinion or Order Set/Reset Deadlines: David C Banks answer due 12/16/2022; New York City Department of Education answer due 12/16/2022. (tg)
November 7, 2022 Opinion or Order Filing 21 MEMO ENDORSEMENT on re: #20 Letter,, filed by Eileen Mendez, Maylene Otero, Nahoko Mizuta, Shannon Thomason, Kentaro Mizuta, Vincent Penna, Yarely Mora. ENDORSEMENT: The parties should file another status letter by November 29, 2022. In that letter, the parties should inform the Court what dispute remains outstanding. The parties should also advise what specific next steps they believe are appropriate, such as setting a briefing schedule, exchanging discovery, or holding a conference with a Magistrate Judge. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/7/2022) (tg)
November 4, 2022 Opinion or Order Filing 20 LETTER addressed to Judge Mary Kay Vyskocil from Rory J. Bellantoni dated November 4, 2022 re: Joint Status Letter. Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Bellantoni, Rory)
October 28, 2022 Opinion or Order Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by David C Banks, New York City Department of Education. ENDORSEMENT: The request to file a status letter by November 4 is GRANTED. In that status letter, the parties should state whether a live case or controversy remains. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/28/2022) (tg)
October 28, 2022 Opinion or Order Filing 18 LETTER addressed to Judge Mary Kay Vyskocil from Jacquelyn Dainow dated 10/28/2022 re: Status Letter. Document filed by David C Banks, New York City Department of Education..(Dainow, Jacquelyn)
October 13, 2022 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #17 Notice of Interlocutory Appeal,,, filed by Eileen Mendez, Maylene Otero, Nahoko Mizuta, Shannon Thomason, Kentaro Mizuta, Vincent Penna, Yarely Mora were transmitted to the U.S. Court of Appeals..(nd)
October 13, 2022 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #17 Notice of Interlocutory Appeal,,,..(nd)
October 12, 2022 Opinion or Order Filing 17 NOTICE OF INTERLOCUTORY APPEAL from #16 Memorandum & Opinion,,,. Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually). Filing fee $ 505.00, receipt number ANYSDC-26808064. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Rousseau, Ashleigh)
October 11, 2022 Opinion or Order Filing 16 MEMORANDUM OPINION AND ORDER re: #10 LETTER MOTION for Leave to File a status letter and request that the Court deny Plaintiffs' application for preliminary injunctive relief addressed to Judge Mary Kay Vyskocil from Min Kyung Cho dated October 4, 2022. filed by David C Banks, New York City Department of Education.Accordingly, Plaintiffs' application for a Preliminary Injunction [ECF No. 6] is DENIED. See Hidalgo et al. v. Porter et al., 1:21-cv-10794 (JGK) (S.D.N.Y. Apr. 29, 2022) [ECF No. 33]. The Clerk of Court is respectfully requested to terminate docket entry 10 as moot. The parties are instructed to continue conferring in good faith and to provide a joint status letter on or before October 28, 2022. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/11/2022) (tg)
October 11, 2022 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Rory J. Bellantoni on behalf of Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Bellantoni, Rory)
October 11, 2022 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Jacquelyn Dainow on behalf of David C Banks, New York City Department of Education..(Dainow, Jacquelyn)
October 11, 2022 Opinion or Order Minute Entry Status Conference held on 10/11/2022. Transcript may be requested by contacting etranscripts@nysd.uscourts.gov (rz)
October 7, 2022 Opinion or Order Filing 13 LETTER addressed to Judge Mary Kay Vyskocil from Jacquelyn Dainow dated 10/7/2022 re: Further Reply Letter to OTSC. Document filed by David C Banks, New York City Department of Education. (Attachments: #1 Exhibit Transcript).(Dainow, Jacquelyn)
October 5, 2022 Opinion or Order Filing 12 ORDER with respect to #10 Letter Motion for Leave to File Document. The parties are HEREBY ORDERED to appear for a hearing on Plaintiff's request for a preliminary injunction on October 11, 2022 at 2:30 PM. The hearing will take place in Courtroom 18C of the Daniel Patrick Moynihan Courthouse. If the Defendants would like to submit a more fulsome response in advance of the hearing, that response is due by October 7, 2022. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/05/2022) (tg)
October 5, 2022 Opinion or Order Filing 11 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Rory J. Bellantoni dated October 5, 2022 re: #10 LETTER MOTION for Leave to File a status letter and request that the Court deny Plaintiffs' application for preliminary injunctive relief addressed to Judge Mary Kay Vyskocil from Min Kyung Cho dated October 4, 2022. . Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Bellantoni, Rory)
October 5, 2022 Opinion or Order Set/Reset Deadlines: ( Responses due by 10/7/2022), Set/Reset Hearings:( Status Conference set for 10/11/2022 at 02:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil.) (tg)
October 4, 2022 Opinion or Order Filing 10 LETTER MOTION for Leave to File a status letter and request that the Court deny Plaintiffs' application for preliminary injunctive relief addressed to Judge Mary Kay Vyskocil from Min Kyung Cho dated October 4, 2022. Document filed by David C Banks, New York City Department of Education. (Attachments: #1 Exhibit A - Transcript of Conference).(Cho, Min Kyung)
October 4, 2022 Opinion or Order Filing 9 ACKNOWLEDGMENT OF SERVICE of Summons, Complaint, Declaration, Supporting Exhibits, MoL, and Proposed OTSC served on David C. Banks in his official capacity as Chancellor of the New York City Department of Education, and New York City Department of Education on 10/04/2022. Service was accepted by New York City Law Department. Service was made by email. Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Rousseau, Ashleigh)
October 4, 2022 Opinion or Order CASE DECLINED AS NOT RELATED. Case referred as related to 1:22-cv-8184 and declined by Judge Jesse M. Furman and returned to wheel for assignment. (sac)
October 4, 2022 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Unassigned is no longer assigned to the case. (sac)
October 4, 2022 Opinion or Order Magistrate Judge Stewart D. Aaron 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. (sac)
October 4, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
October 3, 2022 Opinion or Order Filing 8 MEMORANDUM OF LAW in Support re: #7 Declaration in Support,,, #6 Proposed Order to Show Cause With Emergency Relief,,, . Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Rousseau, Ashleigh)
October 3, 2022 Opinion or Order Filing 7 DECLARATION of Ashleigh C. Rousseau in Support re: #6 Proposed Order to Show Cause With Emergency Relief,,,. Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually). (Attachments: #1 Exhibit 1: A.C.'s Pendency Order, #2 Exhibit 2: Y.M.'s Pendency Order, #3 Exhibit 3: E.P.'s Pendency Order, #4 Exhibit 4: L.N.'s Pendency Forms, #5 Exhibit 5: K.R.'s Pendency Form).(Rousseau, Ashleigh)
October 3, 2022 Opinion or Order Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta(Individually), Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Rousseau, Ashleigh) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
October 3, 2022 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to David C Banks, New York City Department of Education..(gp)
October 3, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp)
October 3, 2022 Opinion or Order Case No Longer Designated ECF. (gp)
October 3, 2022 Opinion or Order CASE REFERRED TO Judge Jesse M. Furman as possibly related to 1:22-cv-8184. (gp)
September 30, 2022 Opinion or Order Case Designated ECF. (gp)
September 30, 2022 Opinion or Order Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-08184 (JMF). Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta, Nahoko Mizuta, Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Rousseau, Ashleigh)
September 30, 2022 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to David C. Banks, in his official capacity as Chancellor of New York City Department of Education and New York City Department of Education, re: #1 Complaint,,,. Document filed by Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Kentaro Mizuta(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.), Nahoko Mizuta, Nahoko Mizuta, Yarely Mora(as Parent and Natural Guardian of L.N.), Yarely Mora(Individually), Maylene Otero(Individually), Maylene Otero(as Parent and Natural Guardian of K.R.), Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.), Shannon Thomason(Individually)..(Rousseau, Ashleigh)
September 30, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Rousseau, Ashleigh)
September 30, 2022 Opinion or Order Filing 1 COMPLAINT against David C Banks, New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-26760875)Document filed by Yarely Mora(as Parent and Natural Guardian of L.N.), Shannon Thomason(as Parent and Natural Guardian of E.P.), Eileen Mendez(Individually), Eileen Mendez(as Legal Guardian of A.C.), Maylene Otero(as Parent and Natural Guardian of K.R.), Kentaro Mizuta(Individually), Nahoko Mizuta, Vincent Penna(as Parent and Natural Guardian of E.P.), Yarely Mora(Individually), Maylene Otero(Individually), Shannon Thomason(Individually), Nahoko Mizuta, Vincent Penna(Individually), Kentaro Mizuta(as Parent and Natural Guardian of Y.M.). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Rousseau, Ashleigh)

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Search for this case: Mendez et al v. Banks et al
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Plaintiff: Eileen Mendez
Represented By: Ashleigh C Rousseau
Represented By: Rory J. Bellantoni
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Plaintiff: Kentaro Mizuta
Represented By: Ashleigh C Rousseau
Represented By: Rory J. Bellantoni
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Plaintiff: Shannon Thomason
Represented By: Ashleigh C Rousseau
Represented By: Rory J. Bellantoni
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Plaintiff: Vincent Penna
Represented By: Ashleigh C Rousseau
Represented By: Rory J. Bellantoni
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Plaintiff: Yarely Mora
Represented By: Ashleigh C Rousseau
Represented By: Rory J. Bellantoni
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Plaintiff: Maylene Otero
Represented By: Ashleigh C Rousseau
Represented By: Rory J. Bellantoni
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Alternative dispute resolution (adr) provider: Nahoko Mizuta
Represented By: Ashleigh C Rousseau
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Defendant: David C Banks
Represented By: Jacquelyn Dainow
Represented By: Min Kyung Michelle Cho
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Defendant: New York City Department of Education
Represented By: Jacquelyn Dainow
Represented By: Min Kyung Michelle Cho
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