Ambrister v. Banks et al
| David C. Banks and New York City Department of Education |
| Rhonda Ambrister |
| 1:2023cv02746 |
| March 31, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| 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 January 18, 2024. A more recent docket listing may be available from PACER.
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer addressed to Magistrate Judge Barbara C. Moses from Kendra Riddleberger dated May 18, 2023. Application GRANTED. SO ORDERED #1 Complaint. David C. Banks answer due 7/3/2023; New York City Department of Education answer due 7/3/2023. (Signed by Magistrate Judge Barbara C. Moses on 5/18/2023) (vfr)
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| Filing 14 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses from Kendra Riddleberger dated May 18, 2023. Document filed by David C. Banks, New York City Department of Education..(Riddleberger, Kendra) |
| Filing 13 NOTICE OF APPEARANCE by Kendra Elise Riddleberger on behalf of David C. Banks, New York City Department of Education..(Riddleberger, Kendra) |
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Filing 12
MEMO ENDORSEMENT granting #11 Motion to Withdraw as Attorney. ENDORSEMENT Application GRANTED. The Clerk of Court isrespectfully directed to terminate attorney Rousseauas counsel for plaintiffs. SO ORDERED. Attorney Ashleigh C Rousseau terminated. (Signed by Magistrate Judge Barbara C. Moses on 5/3/2023) (jca)
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| Filing 11 MOTION for Ashleigh C. Rousseau to Withdraw as Attorney . Document filed by Rhonda Ambrister(as Legal Guardian of R.D.), Rhonda Ambrister(Individually)..(Rousseau, Ashleigh) |
| Filing 10 ACKNOWLEDGMENT OF SERVICE Summons and Complaint served. David C. Banks served on 4/28/2023, answer due 5/19/2023; New York City Department of Education served on 4/28/2023, answer due 5/19/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Rhonda Ambrister(as Legal Guardian of R.D.); Rhonda Ambrister(Individually)..(Rousseau, Ashleigh) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department of Education. (vf) |
| Filing 8 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 Rhonda Ambrister(as Legal Guardian of R.D.), Rhonda Ambrister(Individually)..(Rousseau, Ashleigh) |
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Filing 7
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, and for report and recommendation on dispositive motions, if any, pursuant to 28 U.S.C. 636(b)(1)(A) and (B). 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. It is the Court's practice to decidediscovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely. For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court mayobviate the need for a motion or narrow the issues. Requests to adjourn a court conference or other court proceeding (including a telephonic court conference) or to extend a deadline must be made in writing and in compliance with 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments orextensions will not be entertained. 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 4/25/2023) (ama)
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Filing 6
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 John P. Cronan on 4/25/2023) (jca)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ashleigh C Rousseau to RE-FILE Document No. #4 Request for Issuance of 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; party information on the PDF case caption contains a typographical error. 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. (jgo) |
| Filing 5 NOTICE OF APPEARANCE by Rory J. Bellantoni on behalf of Rhonda Ambrister(as Legal Guardian of R.D.), Rhonda Ambrister(Individually)..(Bellantoni, Rory) |
| Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - 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 Rhonda Ambrister(as Legal Guardian of R.D.), Rhonda Ambrister(Individually)..(Rousseau, Ashleigh) Modified on 4/25/2023 (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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ashleigh C Rousseau. The party information for the following party/parties has been modified: Rhonda Ambrister. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ashleigh C Rousseau to RE-FILE Document No. The filing is deficient for the following reason(s): Summons Caption Error. Plaintiff party text listed on Summons caption does not correspond to pleading caption. 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) |
| Filing 3 CIVIL COVER SHEET filed..(Rousseau, Ashleigh) |
| Filing 2 FILING ERROR - DEFICIENT- SUMMONS REQUEST - 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 Rhonda Ambrister, Rhonda Ambrister..(Rousseau, Ashleigh) Modified on 4/3/2023 (vf). |
| Filing 1 COMPLAINT against David C. Banks, New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27550525)Document filed by Rhonda Ambrister, Rhonda Ambrister..(Rousseau, Ashleigh) |
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