Penna et al v. Banks et al
Plaintiff: Vincent Penna and Shannon Thomason
Defendant: David C Banks and New York City Department of Education
Case Number: 1:2022cv09004
Filed: October 21, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Jennifer L Rochon
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
Docket Report

This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2022 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer L. Rochon from Marilyn Richter dated December 13, 2022. The request is GRANTED. Defendants shall answer or otherwise respond to the complaint by January 14, 2023. SO ORDERED. David C Banks answer due 1/14/2023; New York City Department of Education answer due 1/14/2023 (Signed by Judge Jennifer L. Rochon on 12/14/2022) (jca)
December 13, 2022 Filing 13 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer L. Rochon from Marilyn Richter dated December 13, 2022. Document filed by David C Banks, New York City Department of Education..(Richter, Marilyn)
November 14, 2022 Opinion or Order Filing 12 ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer L. Rochon from Marilyn Richter dated Nov. 10, 2022. The request is GRANTED. Defendants shall answer or otherwise respond to the complaint by December 15, 2022. SO ORDERED. David C Banks answer due 12/15/2022; New York City Department of Education answer due 12/15/2022. (Signed by Judge Jennifer L. Rochon on 11/14/2022) (jca)
November 10, 2022 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #8 Letter, filed by Shannon Thomason, Vincent Penna. ENDORSEMENT The request is GRANTED. Plaintiffs shall file the administrative record under seal by December 30, 2022 or shall file a status report updating the Court on the status of the record request. By no later than January 10, 2023, the parties shall file a proposed briefing schedule. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/10/2022) (jca)
November 10, 2022 Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer L. Rochon from Marilyn Richter dated Nov. 10, 2022. Document filed by David C Banks, New York City Department of Education..(Richter, Marilyn)
November 10, 2022 Filing 9 NOTICE OF APPEARANCE by Marilyn Richter on behalf of David C Banks, New York City Department of Education..(Richter, Marilyn)
November 8, 2022 Filing 8 JOINT LETTER addressed to Judge Jennifer L. Rochon from Rory J. Bellantoni dated 11/08/2022 re: Order issued on 10/25/2022. Document filed by Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.)..(Bellantoni, Rory)
November 8, 2022 Filing 7 NOTICE OF APPEARANCE by Rory J. Bellantoni on behalf of Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.)..(Bellantoni, Rory)
October 25, 2022 Filing 6 ACKNOWLEDGMENT OF SERVICE of Summons, Complaint, Supporting Exhibits, and Judge's Order 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 10/25/2022. Service was accepted by New York City Law Department. Service was made by email. Document filed by Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.)..(Rousseau, Ashleigh)
October 25, 2022 Opinion or Order Filing 5 ORDER: This case alleges claims under the Individuals with Disabilities Education Act, Title 20, United States Code, Section 1400 et seq. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this Order and not to exceed two pages, including the following information in separately numbered paragraphs: as set forth herein. Within two days of the date of this Order, Plaintiffs shall serve the Order electronically on counsel for Defendant and file proof of such service on ECF. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/25/2022) (ama)
October 24, 2022 Filing 4 ELECTRONIC SUMMONS ISSUED as to David C Banks, New York City Department of Education..(jgo)
October 24, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(jgo)
October 24, 2022 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. (jgo)
October 24, 2022 Case Designated ECF. (jgo)
October 21, 2022 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 Vincent Penna(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually), Shannon Thomason(Individually), Shannon Thomason(as Parent and Natural Guardian of E.P.)..(Rousseau, Ashleigh)
October 21, 2022 Filing 2 CIVIL COVER SHEET filed..(Rousseau, Ashleigh)
October 21, 2022 Filing 1 COMPLAINT against David C Banks, New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-26854021)Document filed by Shannon Thomason(Individually), Vincent Penna(as Parent and Natural Guardian of E.P.), Shannon Thomason(as Parent and Natural Guardian of E.P.), Vincent Penna(Individually). (Attachments: #1 Exhibit 1, #2 Exhibit 2, Part I, #3 Exhibit 2, Part II, #4 Exhibit 2, Part III, #5 Exhibit 2, Part IV).(Rousseau, Ashleigh)

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Plaintiff: Vincent Penna
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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Defendant: David C Banks
Represented By: Marilyn Richter
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Defendant: New York City Department of Education
Represented By: Marilyn Richter
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