J.R. et al v. New York City Department of Education et al
| J.R., J.R. on behalf of his child, S.R., R.R., R.R. on behalf of her child, S.R., J.R. on behalf of his child, S.R., a minor and R.R. on behalf of her child, S.R., a minor |
| New York City Department of Education, David C. Banks, in his official capacity as Chancellor of the New York City Department of Education and David C. Banks |
| 1:2023cv03984 |
| May 12, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Civil Rights: Other |
| 20 U.S.C. § 1415 IDEA: Challenge decision re education for handicapped |
| None |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 LETTER addressed to Judge Jennifer H. Rearden from Thomas Lindeman dated July 10, 2023 re: The Court's July 5, 2023 Order. Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
Filing 28
MEMO ENDORSEMENT on re: #25 Letter, filed by R.R., J.R. on behalf of his child, S.R., a minor, J.R., R.R. on behalf of her child, S.R., a minor ENDORSEMENT By July 10, 2023, the parties shall submit a joint letter updating the Court on the status of the remaining outstanding payments detailed in Plaintiffs' June 22 letter, ECF No. 22. In that letter, Defendants shall show cause why the IDEA stay put provision, 20 U.S.C. 1415(j), does not guarantee Plaintiffs' reimbursement of $506.41 for tuition on July 6, 2022. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/5/2023) (jca)
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time to Answer re #26 LETTER MOTION for Extension of Time to File Answer On Consent addressed to Judge Jennifer H. Rearden from Thomas Lindeman dated June 30, 2023., #4 Complaint. David C. Banks answer due 8/4/2023; New York City Department of Education answer due 8/4/2023. Application GRANTED. By August 4, 2023, Defendants shall respond to the Complaint. (Signed by Judge Jennifer H. Rearden on 7/5/2023) (tro)
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| Filing 26 LETTER MOTION for Extension of Time to File Answer On Consent addressed to Judge Jennifer H. Rearden from Thomas Lindeman dated June 30, 2023. Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
| Filing 25 LETTER addressed to Judge Jennifer H. Rearden from Irina Roller, Esq. dated June 27, 2023 re: Status Update and Scheduling. Document filed by J.R., J.R. on behalf of his child, S.R., a minor, R.R., R.R. on behalf of her child, S.R., a minor. (Attachments: #1 Exhibit A - 7-6-22 Email to DOE, #2 Exhibit B - Due Process Complaint, #3 Exhibit C - FOFD 184427).(Hinerfeld, Benjamin) |
| Filing 24 LETTER addressed to Judge Jennifer H. Rearden from Thomas Lindeman dated June 27, 2023 re: The Court's June 23, 2023 Order. Document filed by David C. Banks, New York City Department of Education. (Attachments: #1 Exhibit Redacted DPC and Email, #2 Exhibit Impartial hearing system extract).(Lindeman, Thomas) |
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Filing 23
MEMO ENDORSEMENT on re: #22 Letter,, filed by R.R., J.R. on behalf of his child, S.R., a minor, J.R., R.R. on behalf of her child, S.R., a minor. ENDORSEMENT By June 27, 2023, Defendants shall file a letter stating their position on the matters raised herein. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/23/2023) (jca)
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| Filing 22 LETTER addressed to Judge Jennifer H. Rearden from Irina Roller dated June 22, 2023 re: apprising the Court of plaintiffs' position on the status of this case. Document filed by J.R., J.R. on behalf of his child, S.R., a minor, R.R., R.R. on behalf of her child, S.R., a minor. (Attachments: #1 Exhibit A: Titus School Affidavits for 2020-21SY, #2 Exhibit B: Titus School Affidavits for 2021-22SY, #3 Exhibit C: Titus School Affidavits for 2022-23SY, #4 Exhibit D: Pendency Order for IH Case no. 228733).(Roller, Irina) |
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Filing 21
MEMO ENDORSEMENT: on re: #20 Status Report filed by New York City Department of Education, David C. Banks. ENDORSEMENT: By June 22, 2023, Plaintiffs shall file a letter apprising the Court of their position on the status of this case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/16/2023) (ama)
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| Filing 20 STATUS REPORT. Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer On Consent addressed to Judge Jennifer H. Rearden from Thomas Lindeman dated June 2, 2023. SO ORDERED. #4 Complaint., David C. Banks answer due 7/5/2023; New York City Department of Education answer due 7/5/2023. (Signed by Judge Jennifer H. Rearden on 6/2/2023) (vfr)
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| Filing 18 FIRST LETTER MOTION for Extension of Time to File Answer On Consent addressed to Judge Jennifer H. Rearden from Thomas Lindeman dated June 2, 2023. Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
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Filing 17
MEMO ENDORSEMENT on re: #16 Status Report filed by New York City Department of Education, David C. Banks. ENDORSEMENT: By June 15, 2023, Defendant shall provide a further update on the status of each invoice at issue. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/1/23) (yv)
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| Filing 16 STATUS REPORT. (Defendants) Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing held on 5/23/2023. Defendant is directed to submit a status letter by end of business next Tuesday, May 30, 2023. Defendant shall provide a status on each invoice filed by the Plaintiffs. (jar) |
| Filing 15 NOTICE OF APPEARANCE by Thomas Lindeman on behalf of David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
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Filing 14
ORDER: On May 19, 2023, the Court scheduled a conference for May 23, 2023 at 10:00 a.m. with respect to Plaintiffs' motion for Preliminary Injunction. Doc. 13. The conference is hereby rescheduled to May 23, 2023, at 9:30 A.M. in Courtroom 619 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. SO ORDERED., Set Deadlines/Hearing as to ( Motion Hearing set for 5/23/2023 at 09:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/22/2023) (ama)
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Filing 13
ORDER with respect to #8 Motion for Preliminary Injunction; with respect to #8 Motion for TRO. On May 18, 2023, Plaintiffs moved by order to show cause for a temporary restraining order and preliminary injunction. See ECF No. 8. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on May 23, 2023, at 10:00 A.M. in Courtroom 619 of the Thurgood Marshall United States Courthouse, 40 FoleySquare, New York, NY 10007, to address the motion and next steps, including, but not limited to, (1) a briefing schedule, (2) whether there is a need for limited discovery and/or an evidentiary hearing, and (3) whether any hearing should be consolidated with a trial on the merits pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure. The Hon. Edgardo Ramos, sitting as the Part I Judge, will preside over the conference. Counsel shall consult about the foregoing topics before the conference. In addition, Defendants are welcome, but not required, to submit a letter addressing Plaintiffs' motion before the conference. Plaintiffs shall promptly serve a copy of this Order on Defendants via email. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 5/19/2023) (kv)
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. New York City Department of Education served on 5/15/2023, answer due 6/5/2023. Service was accepted by serviceecf@law.nyc.gov. Service was made by email. Document filed by R.R. on behalf of her child, S.R., a minor; J.R.; R.R.; J.R. on behalf of his child, S.R., a minor..(Roller, Irina) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. David C. Banks served on 5/15/2023, answer due 6/5/2023. Service was accepted by serviceecf@law.nyc.gov. Service was made by email. Document filed by R.R. on behalf of her child, S.R., a minor; J.R.; R.R.; J.R. on behalf of his child, S.R., a minor..(Roller, Irina) |
| Set/Reset Deadlines as to Motion Hearing set for 5/23/2023 at 10:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Jennifer H. Rearden. (kv) |
| Filing 10 DECLARATION of Irina Roller, Esq. in Support re: #8 MOTION for Preliminary Injunction . MOTION for Temporary Restraining Order .. Document filed by J.R., J.R. on behalf of his child, S.R., a minor, R.R., R.R. on behalf of her child, S.R., a minor. (Attachments: #1 Exhibit L: Emails between LOIR and DOE/IU).(Roller, Irina) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION for Preliminary Injunction . MOTION for Temporary Restraining Order . . Document filed by J.R., J.R. on behalf of his child, S.R., a minor, R.R., R.R. on behalf of her child, S.R., a minor..(Roller, Irina) |
| Filing 8 MOTION for Preliminary Injunction ., MOTION for Temporary Restraining Order . Document filed by J.R., J.R. on behalf of his child, S.R., a minor, R.R., R.R. on behalf of her child, S.R., a minor..(Roller, Irina) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department of Education..(pc) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Jay Hinerfeld on behalf of J.R., J.R. on behalf of his child, S.R., a minor, R.R., R.R. on behalf of her child, S.R., a minor..(Hinerfeld, Benjamin) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education and David C. Banks, in his official capacity as Chancellor of the New York City Department of Education, re: #4 Complaint,,,. Document filed by J.R., J.R. on behalf of his child, S.R., a minor, R.R., R.R. on behalf of her child, S.R., a minor..(Roller, Irina) |
| Filing 4 COMPLAINT against David C. Banks, New York City Department of Education. Document filed by R.R. on behalf of her child, S.R., a minor, J.R., R.R., J.R. on behalf of his child, S.R., a minor. (Attachments: #1 Exhibit A: Finding of Facts & Decision dated July 29, 2020, #2 Exhibit B: Pendency Order dated Jul 8 2020, #3 Exhibit C: Pendency Order dated Jan 8 2021, #4 Exhibit D: Due Process Complaint dated Jul 6 2021, #5 Exhibit E: Due Process Complaint dated Jul 18 2022, #6 Exhibit F: Pendency Order dated Oct 17 2022, #7 Exhibit G: Finding of Facts & Decision dated Feb 19 2023, #8 Exhibit H: Declaration of Natalie Brandefine dated May 12 2023, #9 Exhibit I: Affidavit of Natalie Brandefine Mar 15 2023, #10 Exhibit J: Declaration of R.R. dated May 12 2023, #11 Exhibit K: L.V. Non-Implementation Notice dated Dec 13 2022).(Roller, Irina) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Irina Roller to RE-FILE Document No. #2 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; The summons requested was linked to a deficient pleading. Please refile the request for once the pleading has been corrected. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Irina Roller. The party information for the following party/parties has been modified: J.R. on behalf of his child, S.R., R.R. on behalf of her child, S.R., David C. Banks, in his official capacity as Chancellor of the New York City Department of Education. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Irina Roller to RE-FILE Document No. #1 Complaint,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title reads "COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND INJUNCTION". 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 5/22/2023. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) |
| Magistrate Judge Valerie Figueredo 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) |
| Filing 3 CIVIL COVER SHEET filed..(Roller, Irina) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education and David C. Banks, in his official capacity as Chancellor of the New York City Department of Education, re: #1 Complaint,,,. Document filed by J.R., J.R. on behalf of his child, S.R., R.R., R.R. on behalf of her child, S.R...(Roller, Irina) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against David C. Banks, in his official capacity as Chancellor of the New York City Department of Education, New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27734373)Document filed by R.R. on behalf of her child, S.R., J.R., R.R., J.R. on behalf of his child, S.R.. (Attachments: #1 Exhibit A: Finding of Facts & Decision dated July 29, 2020, #2 Exhibit B: Pendency Order dated Jul 8 2020, #3 Exhibit C: Pendency Order dated Jan 8 2021, #4 Exhibit D: Due Process Complaint dated Jul 6 2021, #5 Exhibit E: Due Process Complaint dated Jul 18 2022, #6 Exhibit F: Pendency Order dated Oct 17 2022, #7 Exhibit G: Finding of Facts & Decision dated Feb 19 2023, #8 Exhibit H: Declaration of Natalie Brandefine dated May 12 2023, #9 Exhibit I: Affidavit of Natalie Brandefine Mar 15 2023, #10 Exhibit J: Declaration of R.R. dated May 12 2023, #11 Exhibit K: L.V. Non-Implementation Notice dated Dec 13 2022).(Roller, Irina) Modified on 5/15/2023 (pc). |
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