Atherley v. New York City Department of Education et al
Plaintiff: Kimling Atherley
Defendant: New York City Department of Education and Colin Caldwell
Case Number: 1:2023cv00383
Filed: January 15, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Referring Judge: Katharine H Parker
Nature of Suit: Civil Rights: Jobs
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 13, 2023 Opinion or Order Filing 11 INFORMATION PACKAGE MAILED to Kimling Atherley, at 1322 Maple Terrace, Rahway, NJ 07065, on 2/13/2023 Re: #6 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 2 Summons(es) mailed. (sha)
February 13, 2023 Opinion or Order Filing 10 SUMMONS ISSUED as to New York City Department of Education, Colin Caldwell. (sha)
February 13, 2023 Opinion or Order MAILING RECEIPT: Document No: 7-9. Mailed to: Kimling Atherley 1322 Maple Terrace Rahway, NJ 07065. (kh)
February 10, 2023 Opinion or Order Filing 9 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 4/27/2023 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. The Clerk of Court is respectfully requested to mail a copy of this order to the Pro-se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/10/2023) (vfr)
February 10, 2023 Opinion or Order Filing 8 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 Katharine H. Parker. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/10/2023) (ks)
February 10, 2023 Opinion or Order Filing 7 MEDIATION REFERRAL ORDER FOR PRO SE EMPLOYMENT DISCRIMINATION CASES...IT IS ORDERED that this pro se case is referred for mediation to the Court's Mediation Program. Local Civil Rule 83.9 and the Mediation Program Procedures shall govern the mediation. Unless otherwise ordered, the mediation will have no effect upon any scheduling order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that the Clerk of Court shall attempt to locate pro bono counsel to represent Plaintiff at the mediation. Pro bono counsel will contact Plaintiff directly. The time to assign a mediator under Local Civil Rule 83.9 and the Court's Mediation Program Procedures will be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent Plaintiff solely for purposes of the mediation, and that representation will terminate at the conclusion of the mediation process. IT IS FURTHER ORDERED that any objection by Plaintiff either to the mediation or to the Court's request for pro bono counsel to represent Plaintiff in the mediation must be filed within fourteen days of this order. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/10/2023) (ks)
February 10, 2023 Opinion or Order Filing 6 ORDER: Plaintiff, who is proceeding pro se, paid the filing fees to commence this action. The Clerk of Court is directed to issue summonses as to Defendants New York City Department of Education and Colin Caldwell. Plaintiff is directed to serve the summons and complaint on each Defendant within ninety days of the issuance of the summonses. If within those ninety days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against Defendants under Federal Rule of Civil Procedure 4(m) for failure to timely serve or Rule 41(b) for failure to prosecute. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/10/2023) (ks) Transmission to Pro Se Assistants for processing.
February 7, 2023 Opinion or Order 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. (sac)
February 7, 2023 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (sac)
February 6, 2023 Opinion or Order Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 02/06/2023, Receipt Number 12020. (stt)
January 15, 2023 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Departmen of Education, re: #1 Complaint. Document filed by Kimling Atherley..(rdz)
January 15, 2023 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Colin Caldwell, re: #1 Complaint. Document filed by Kimling Atherley..(rdz)
January 15, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET.(rdz)
January 15, 2023 Opinion or Order Filing 1 COMPLAINT against Colin Caldwell, New York City Department of Education. Document filed by Kimling Atherley..(rdz)
January 15, 2023 Opinion or Order Case Designated ECF. (rdz)

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Plaintiff: Kimling Atherley
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Defendant: New York City Department of Education
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Defendant: Colin Caldwell
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