D.M. et al v. New York City Department of Education
| Derrick Manning, D.M and D.M. |
| NEW YORK CITY DEPARTMENT OF EDUCATION |
| 1:2023cv00759 |
| January 30, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Barbara C Moses |
| Civil Rights: Education |
| 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title) |
| None |
Docket Report
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This docket was last retrieved on May 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Lauren Howland dated 2/22/23 re: ECF No. 11. Document filed by New York City Department of Education..(Howland, Lauren) |
| Filing 17 AFFIDAVIT OF SERVICE. New York City Department of Education served on 2/2/2023, answer due 5/22/2023. Service was made by MAIL. Document filed by D.M...(Gerst, Andrew) |
Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 FIRST LETTER MOTION for Extension of Time to File Answer 23-cv-759, ECF 10 decline referral to magistrate addressed to Judge Jesse M. Furman from Lauren Howland dated 1/10/23., #6 Complaint. Application GRANTED. SO ORDERED. New York City Department of Education answer due 5/22/2023. (Signed by Magistrate Judge Barbara C. Moses on 2/13/2023) (rro)
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| Filing 15 FIRST LETTER MOTION for Extension of Time to File Answer 23-cv-759, ECF 10 decline referral to magistrate addressed to Judge Jesse M. Furman from Lauren Howland dated 1/10/23. Document filed by New York City Department of Education..(Howland, Lauren) |
| Filing 14 NOTICE OF APPEARANCE by Lauren Michelle Howland on behalf of New York City Department of Education..(Howland, Lauren) |
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Filing 13
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and 2(b) of Judge Moses's Individual Practices. If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Tamika Kay at (212) 805-0228 immediately. Counsel for the plaintiff must serve a copy of this Order on any defendant previously served with the summons and complaint, must serve this Order along with the summons and complaint on all defendants served hereafter, and must file proof of such service with the Court. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/01/2023) (ama)
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Filing 12
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge Jesse M. Furman on 1/31/2023) (rro)
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Filing 11
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Barbara C. Moses. The parties are directed to contact the Chambers of Magistrate Judge Moses no later than two weeks from the date on which Defendant enters an appearance indicating whether there is any need for discovery or an initial conference in this case. (Signed by Judge Jesse M. Furman on 1/31/2023) (rro)
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Filing 10
ORDER: In this case, Plaintiffs seek attorney's fees in connection with their claims under the Individuals with Disabilities Education Act, Title 20, United States Code, Section 1410 et seq. By separate Order to be entered today, the Court is referring the matter to the assigned Magistrate Judge both for General Pretrial Purposes, including settlement, and for any dispositive motions, including motions for summary judgment. Unless and until the Magistrate Judge orders otherwise, the parties shall file a joint letter (addressed to the Magistrate Judge), no later than two weeks of the date on which Defendant enters an appearance, and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. In addition, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, Plaintiff shall, within two weeks of the date on which Defendant enters an appearance, either mail or email to Furman_NYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://www.nysd.uscourts.gov/node/754. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter by the same deadline advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. (Signed by Judge Jesse M. Furman on 1/31/2023) (rro)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(gp) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to NEW YORK CITY DEPARTMENT OF EDUCATION, re: #6 Complaint. Document filed by D.M...(Gerst, Andrew) |
| Filing 7 CIVIL COVER SHEET filed..(Gerst, Andrew) |
| Filing 6 COMPLAINT against New York City Department of Education. Document filed by D.M...(Gerst, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew Benjamin Gerst to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): not all the filer/filers were selected for the pleading. 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 REGARDING PARTY MODIFICATION. Notice to attorney Andrew Benjamin Gerst. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION; Plaintiff. 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 role was entered incorrectly; party name entered incorrectly;. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Benjamin Gerst to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Caption Error. Plaintiff party name listed on Summons Caption does not correspond exactly to pleading caption; not all the filer/filers were selected for the request for issuance of summons. 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 CIVIL COVER SHEET. Notice to attorney Andrew Benjamin Gerst to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| 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) |
| Filing 5 FILING ERROR - DEFICIENT- SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by D.M.(Gerst, Andrew) Modified on 1/31/2023 (vf). Modified on 1/31/2023 (vf). |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by D.M.(Gerst, Andrew) Modified on 1/31/2023 (vf). |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by D.M.(Gerst, Andrew) Modified on 1/31/2023 (vf). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Gerst, Andrew) Modified on 1/31/2023 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. Document filed by D.M.(Gerst, Andrew) Modified on 1/31/2023 (vf). |
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