M.S. et al v. New York City Department of Education
Plaintiff: M.S. and M.S. on behalf of his child O.S., a minor
Defendant: New York City Department of Education
Case Number: 1:2023cv05741
Filed: July 5, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Denise L Cote
Nature of Suit: Civil Rights: Other
Cause of Action: 20 U.S.C. ยง 1415 IDEA: Challenge decision re education for handicapped
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 15, 2023 Filing 9 NOTICE OF APPEARANCE by Martin John Bowe, Jr on behalf of New York City Department of Education..(Bowe, Martin)
August 9, 2023 Filing 8 NOTICE OF APPEARANCE by Vivian Rivera Drohan on behalf of New York City Department of Education..(Drohan, Vivian)
July 10, 2023 Filing 7 NOTICE OF APPEARANCE by Martha Nimmer on behalf of New York City Department of Education..(Nimmer, Martha)
July 7, 2023 Set/Reset Deadlines: New York City Department of Education answer due 8/4/2023. (tg)
July 7, 2023 Opinion or Order Filing 6 PRETRIAL SCHEDULING ORDER: This case has been assigned to me for all purposes. The plaintiffs in this case seek attorney's fees under 20 U.S.C. 1415(i)(3) as a prevailing party in an administrative hearing held pursuant to the Individuals with Disabilities Education Improvement Act ("IDEIA"). Accordingly, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1. The plaintiffs shall produce to the defendant any records or documents necessary to assess the amount of attorney's fees by August 4, 2023. 2. The defendant shall answer and provide the plaintiffs with any offer of judgment by October 6, 2023. 3. In the event the defendant makes no offer of judgment or the plaintiffs decline to accept an offer of judgment, any party may bring a motion for summary judgment according to the following schedule: Motion served by November 10, 2023, Opposition served by December 1, 2023, Reply served by December 15, 2023. SO ORDERED. (Signed by Judge Denise L. Cote on 7/7/2023) (tg)
July 6, 2023 Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department of Education served on 7/6/2023, answer due 7/27/2023. Service was accepted by serviceecf@law.nyc.gov. Service was made by email. Document filed by M.S.; M.S. on behalf of his child O.S., a minor..(Roller, Irina)
July 6, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (sj)
July 6, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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..(sj)
July 6, 2023 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. (sj)
July 6, 2023 Case Designated ECF. (sj)
July 5, 2023 Filing 3 CIVIL COVER SHEET filed..(Roller, Irina)
July 5, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by M.S., M.S. on behalf of his child O.S., a minor..(Roller, Irina)
July 5, 2023 Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27958961)Document filed by M.S., M.S. on behalf of his child O.S., a minor..(Roller, Irina)

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Plaintiff: M.S.
Represented By: Irina Roller
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Plaintiff: M.S. on behalf of his child O.S., a minor
Represented By: Irina Roller
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Defendant: New York City Department of Education
Represented By: Vivian Rivera Drohan
Represented By: Martha Nimmer
Represented By: Martin John Bowe, Jr
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