Law Office of Courtney L Haas LLC v. New York City Department of Education
| Law Office of Courtney L Haas LLC |
| NEW YORK CITY DEPARTMENT OF EDUCATION |
| J T |
| 1:2023cv02024 |
| March 9, 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 October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER ADJOURNING INITIAL CASE MANAGEMENT CONFERENCE AND DIRECTING ADMENDMENT: By Order dated March 6, 2023 (Dkt. 6), the undersigned Magistrate Judge scheduled an initial case management and scheduling conference for May 2, 2023. However, it appears that plaintiff has not yet served defendant New York City Department of Education (DOE) with process. (See Dkt. 25.) Consequently, the initial case management and scheduling conference is hereby ADJOURNED sine die. Rule 15(a) of the Federal Rules of Civil Procedure, governing amendment, "may be utilized to substitute a new plaintiff." Unilever (Raw Materials) Ltd. v. M/T Stolt Boel, 77 F.R.D. 384, 387 (S.D.N.Y. 1977) (citing Staggers v. Otto Gerdau Co., 359 F.2d 292 (2d Cir. 1966)). In light of the standing issue outlined above, the Court hereby grants plaintiff leave to amend, pursuant to Fed. R. Civ. P. 15(a)(2), in order to substitute the proper plaintiff, and directs plaintiff to do so no later than May 4, 2023. See 6 Wright & Miller, Fed. Prac. & Proc. 1474 (3d ed.) ("A liberal policy toward allowing amendments to correct errors in the pleadings clearly is desirable and furthers one of the basic objectives of the federal rules the determination of cases on their merits."). (Amended Pleadings due by 5/4/2023.) (Signed by Magistrate Judge Barbara C. Moses on 4/27/2023) (rro)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(jgo) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #12 Complaint. Document filed by Law Office of Courtney L Haas LLC(and on behalf of J.T., parent of C.L.)..(Haas, Courtney) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Law Office of Courtney L Haas LLC added. Party added pursuant to #7 Complaint, #12 Complaint.Document filed by Law Office of Courtney L Haas LLC. Related document: #7 Complaint, #12 Complaint..(Haas, Courtney) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Courtney L Haas re: Document No. #12 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Law Office of Courtney L Haas LLC with party text "on behalf of J.T., parent of C.L." Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. (vf) |
| Filing 12 COMPLAINT against New York City Department of Education. Document filed by Law Office of Courtney L Haas LLC. (Attachments: #1 Civil Cover Sheet Cover Sheet Revised).(Haas, Courtney) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Courtney L Haas to RE-FILE re: Document No. #2 Complaint, #3 Petition (Other), #1 Complaint, #7 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the PDF attached to the docket entry for the pleading is not correct all of the parties listed on the pleading were not entered on CM ECF; the All Defendant radio button was selected; add Law Office of Courtney L Haas LLC with party text 'on behalf of J.T., parent of C.L. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Courtney L Haas to RE-FILE Document No. #11 Request for Issuance of Amended 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; the wrong event type was used to file the request for issuance of summons; caption title does not match complaint caption title. Party name was not listed on the docket entry for the summons;. Refile the initial complaint correctly and link the summons to that filing. 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. (pc) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to, re: #1 Complaint,. Document filed by Law Office of Courtney L Haas LLC..(Haas, Courtney) Modified on 3/30/2023 (pc). |
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Filing 10
ORDER: Pursuant to the Court's Order dated March 10, 2023, the parties were required to confer regarding whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all proceedings before the assigned Magistrate Judge. See ECF No. 5. If both parties consent, they were required to file on the docket a fully executed Notice, Consent, and Reference of Civil Action to a Magistrate Judge form within two weeks of the date of that Order. If either party does not consent, they were to file, by the same date, a joint letter advising the Court that the parties do not consent. To date, the parties have not satisfied their obligations. As a courtesy, the parties' deadline is hereby EXTENDED, nunc pro tunc, to two weeks from the date on which Defendant enters an appearance. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/27/2023) (vfr)
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| Filing 9 CIVIL COVER SHEET filed..(Haas, Courtney) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Courtney L Haas to RE-FILE Document No. #7 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; all of the parties listed on the pleading were not entered on CM ECF; add Law Office of Courtney L Haas LLC with party text 'on behalf of J.T., parent of C.L.. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Courtney L Haas to RE-FILE Document No. #8 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; party name on the PDF case caption does not match the party name listed on the pleading caption;. 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.. (jgo) |
| Filing 8 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Haas, Courtney) Modified on 3/14/2023 (jgo). |
| Filing 7 FILING ERROR DEFICIENT PLEADING - PDF ERROR - COMPLAINT against New York City Department of Education. Document filed by Law Office of Courtney L Haas LLC..(Haas, Courtney) Modified on 3/14/2023 (jgo). |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Courtney L Haas. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) Modified on 3/13/2023 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Courtney L Haas to RE-FILE Document No. #3 Petition (Other),. The filing is deficient for the following reason(s): all of the parties llisted on the pleading were not entered on CM/ECF; add Law Office of Courtney L Haas LLC with party text 'on behalf of J.T., parent of C.L.'; the wrong event type was used to file 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. (jgo) |
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Filing 6
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions, pursuant to 28 U.S.C. 636(b)(1)(A) and (B). The Court will hold a telephonic initial case management and scheduling conference on May 2, 2023, at 11:00 a.m. The parties shall dial (888) 557-8511 and enter the access code 7746387 a few minutes before the scheduled time. Lead counsel are required to attend. The parties should be prepared to discuss both the schedule for, and the substance of, the summary judgment (or other dispositive) motion(s) contemplated by the parties. ( Initial Conference set for 5/2/2023 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/10/2023) (ate)
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Filing 5
ORDER. 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 from 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. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/23) (yv)
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Filing 4
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. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/23) (yv)
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| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION.Document filed by Law Office of Courtney L Haas LLC. (Attachments: #1 Civil Cover Sheet Cover Sheet Revised).(Haas, Courtney) Modified on 3/13/2023 (jgo). |
| Filing 2 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. Document filed by J T..(Haas, Courtney) Modified on 3/10/2023 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Courtney L Haas to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; party name on the PDF case caption must match exactly as it appears on the pleading caption; the event wrong event type was used to file the civil cover sheet;. 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.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Courtney L Haas to RE-FILE re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Law Office of Courtney L Haas LLC with party text 'on behalf of J.T., parent of C.L.'; the All Defendant radio button was selected; the pleading was not signed by the attorney. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Courtney L Haas. The party information for the following party/parties has been modified: J T; NEW YORK CITY DEPARTMENT OF EDUCATION. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly;. (jgo) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Law Office of Courtney L Haas LLC added. Party added pursuant to #1 Complaint,.Document filed by Law Office of Courtney L Haas LLC. Related document: #1 Complaint,..(Haas, Courtney) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| 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..(jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27448148)Document filed by J T..(Haas, Courtney) Modified on 3/10/2023 (jgo). |
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