Navarro-Carillo et al v. Banks et al
| Maria Navarro-Carillo |
| David C. Banks and New York City Department of Education |
| 1:2023cv04773 |
| June 6, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Jennifer E Willis |
| 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 September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: On July 17, 2023, the parties appeared for a conference. Plaintiff's counsel withdrew the request to show cause for emergency relief at Dkt. No. 7, without prejudice and with leave to re-file. Separately, at the conference the proposed case management plan at Dkt. No. 15 was accepted. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 7/17/2023) (tg)
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| Filing 20 Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis: Case Management Conference held on 7/17/2023. (cda) |
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Filing 19
CASE MANAGEMENT PLAN AND REPORT OF RULE 26(f) MEETING: Rule 1 and Rule 26(b)(1). Counsel are expected to have reviewed Rule 1 and Rule 26(b)(1) and considered their obligations thereunder in discussing and preparing a discovery plan. Last date to amend the Complaint: 8/1/2023. The parties have discussed the possibility of settlement. The proposed case management plan is approved. SO ORDERED. Amended Pleadings due by 8/1/2023. Deposition due by 11/1/2023. Fact Discovery due by 11/17/2023. Expert Discovery due by 1/5/2024. (Signed by Magistrate Judge Jennifer E Willis on 7/17/2023) (tg)
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Filing 18
ORDER: On July 17, 2023, Plaintiff's counsel asked to appear at the scheduled conference remotely. Dkt. No. 17. The Court has an AT&T Audio Conference line available. The number is (888) 363-4734. The access code is 9711213. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 7/17/2023) (tg)
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| Filing 17 LETTER addressed to Magistrate Judge Jennifer Willis from Rory J. Bellantoni dated 07/17/2023 re: Today's Conference. Document filed by Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.), Maria Navarro-Carillo(Individually)..(Bellantoni, Rory) |
| Filing 16 ANSWER to #1 Complaint,. Document filed by David C. Banks, New York City Department of Education..(Teszler, Eric) |
| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by David C. Banks, New York City Department of Education..(Teszler, Eric) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 FIRST LETTER MOTION for Extension of Time to File Answer from Eric Teszler dated June 26, 2023., #1 Complaint,. GRANTED. SO ORDERED. David C. Banks answer due 7/12/2023; New York City Department of Education answer due 7/12/2023. (Signed by Magistrate Judge Jennifer E Willis on 6/28/2023) (tg)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer from Eric Teszler dated June 26, 2023. Document filed by David C. Banks, New York City Department of Education..(Teszler, Eric) |
| Filing 12 ACKNOWLEDGMENT OF SERVICE of Judge's Order, Proposed OTSC, and MoL 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 06/12/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.), Maria Navarro-Carillo(Individually)..(Bellantoni, Rory) |
| Filing 11 NOTICE OF APPEARANCE by Rory J. Bellantoni on behalf of Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.), Maria Navarro-Carillo(Individually)..(Bellantoni, Rory) |
| Filing 10 NOTICE OF APPEARANCE by Eric M. Teszler on behalf of David C. Banks, New York City Department of Education..(Teszler, Eric) |
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Filing 9
ORDER: Plaintiffs are directed to serve this Order, along with a copy of the Proposed Order and Memo on the Defendants. SO ORDERED. Initial Conference set for 7/17/2023 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E Willis. (Signed by Magistrate Judge Jennifer E Willis on 6/12/2023) (tg)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief, Requesting Preliminary Injunction. Document filed by Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.), Maria Navarro-Carillo(Individually)..(Bellantoni, Rory) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.), Maria Navarro-Carillo(Individually)..(Bellantoni, Rory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. David C. Banks served on 6/7/2023, answer due 6/28/2023; New York City Department of Education served on 6/7/2023, answer due 6/28/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.); Maria Navarro-Carillo(Individually)..(Bellantoni, Rory) |
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Filing 5
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). Referred to Magistrate Judge Jennifer E Willis. (Signed by Judge Jennifer H. Rearden on 6/8/2023) (tg)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department of Education. (vf) |
| ***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:Cause of Action code 20:1415 IDEA: Challenge decision re education for handicapped; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 20:1400 IDEA: Individuals With Disabilities Education Act (short title); the Fee Status code has been modified to pd (paid). (vf) |
| Magistrate Judge Jennifer Willis 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 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to David C. Banks, New York City Department of Education, re: #1 Complaint,. Document filed by Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.), Maria Navarro-Carillo(Individually)..(Albert, Peter) |
| Filing 2 CIVIL COVER SHEET filed..(Albert, Peter) |
| Filing 1 COMPLAINT against David C. Banks, New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27839233)Document filed by Maria Navarro-Carillo(as Parent and Natural Guardian of M.G.), Maria Navarro-Carillo(Individually). (Attachments: #1 Exhibit Redacted FOFD IHO Case No. 228686).(Albert, Peter) |
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