Cornett et al v. Banks et al.
| Donna Cornett and John Burgess |
| David C. Banks and New York City Department of Education |
| 1:2023cv02694 |
| March 30, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| 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 August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter, filed by John Burgess, Donna Cornett. ENDORSEMENT: The parties shall file a joint status report by June 14, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/4/2023) (vfr)
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| Filing 16 JOINT LETTER addressed to Judge Jennifer L. Rochon from Peter G. Albert dated 05/03/2023 re: Joint Letter Pursuant to ECF No. 4. Document filed by John Burgess(Individually), John Burgess(as Parent and Natural Guardian of J.B.), Donna Cornett(as Parent and Natural Guardian of J.B.), Donna Cornett(Individually)..(Albert, Peter) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 FIRST LETTER MOTION for Extension of Time to File Answer On Consent addressed to Judge Jennifer L. Rochon from Thomas Lindeman dated April 27, 2023. The request is GRANTED. Defendant shall answer or otherwise respond to the complaint by August 30, 2023. SO ORDERED. David C. Banks answer due 8/30/2023; New York City Department of Education answer due 8/30/2023. (Signed by Judge Jennifer L. Rochon on 4/28/2023) (jca)
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| Filing 14 FIRST LETTER MOTION for Extension of Time to File Answer On Consent addressed to Judge Jennifer L. Rochon from Thomas Lindeman dated April 27, 2023. Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
| Filing 13 NOTICE OF APPEARANCE by Thomas Lindeman on behalf of David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
| Filing 12 NOTICE OF APPEARANCE by Rory J. Bellantoni on behalf of John Burgess(Individually), John Burgess(as Parent and Natural Guardian of J.B.), Donna Cornett(as Parent and Natural Guardian of J.B.), Donna Cornett(Individually)..(Bellantoni, Rory) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. The request is GRANTED. The parties shall file a joint letter by May 3, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/11/2023) (jca)
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| Filing 10 LETTER MOTION for Extension of Time to File Initial Joint Letter addressed to Judge Jennifer L. Rochon from Peter G. Albert dated 4/10/23. Document filed by John Burgess(Individually), John Burgess(as Parent and Natural Guardian of J.B.), Donna Cornett(as Parent and Natural Guardian of J.B.), Donna Cornett(Individually)..(Albert, Peter) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE. All Defendants. Document filed by Donna Cornett(as Parent and Natural Guardian of J.B.), John Burgess(Individually), Donna Cornett(Individually), John Burgess(as Parent and Natural Guardian of J.B.)..(Albert, Peter) |
| Filing 8 COMPLAINT against David C. Banks, New York City Department of Education. Document filed by Donna Cornett(as Parent and Natural Guardian of J.B.), John Burgess(Individually), Donna Cornett(Individually), John Burgess(as Parent and Natural Guardian of J.B.). (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Albert, Peter) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department of Education..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #3 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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) |
| Filing 6 ACKNOWLEDGMENT OF SERVICE of 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 04/05/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by John Burgess(Individually), John Burgess(as Parent and Natural Guardian of J.B.), Donna Cornett(as Parent and Natural Guardian of J.B.), Donna Cornett(Individually)..(Albert, Peter) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to David C. Banks in his official capacity as Chancellor of New York City Department of Education, and the New York City Department of Education, re: #3 Complaint,. Document filed by John Burgess(Individually), John Burgess(as Parent and Natural Guardian of J.B.), Donna Cornett(as Parent and Natural Guardian of J.B.), Donna Cornett(Individually)..(Albert, Peter) |
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Filing 4
ORDER This case alleges claims under the Individuals with Disabilities Education Act, Title 20, United States Code, Section 1410 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: (1) whether there is any need for discovery or an initial conference in this case; (2) if there is no need for discovery or an initial conference, a proposed briefing schedule for any motions, including motions for summary judgment; and (3) whether there is anything the Court can do to facilitate settlement (such as referring the matter for a settlement conference before a Magistrate Judge or to the Districts Mediation Program). In accordance with the Court's Individual Rules and Practices, requests for an extension or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. 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 4/5/2023) (jca)
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| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. Document filed by Donna Cornett(as Parent and Natural Guardian of J.B.), John Burgess(Individually), Donna Cornett(Individually), John Burgess(as Parent and Natural Guardian of J.B.). (Attachments: #1 Exhibit Redacted FOFD IHO Case No. 175174, #2 Exhibit SRO Decision No. 20-036).(Albert, Peter) Modified on 4/6/2023 (pc). |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
| 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter Glenn Albert to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. 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 CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter Glenn Albert. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Albert, Peter) |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27543696)Document filed by Donna Cornett(as Parent and Natural Guardian of J.B.), John Burgess(Individually), Donna Cornett(Individually), John Burgess(as Parent and Natural Guardian of J.B.). (Attachments: #1 Exhibit SRO Dec. 20-036, #2 Exhibit IHO FOFD Case No. 175174).(Albert, Peter) Modified on 3/31/2023 (pc). |
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