Lummayos et al v. Banks et al
| Kamolporn Lummayos, Jhoana Juca, Maria Navarro-Carrillo, Marina Burgos Parra, Cynthia Ramos and Rosa Zayas |
| David C. Banks and New York City Department of Education |
| 1:2023cv05802 |
| July 6, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Civil Rights: Education |
| 20 U.S.C. § 1401 IDEA: Education of Individuals with Disabilities (definitions) |
| None |
Docket Report
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This docket was last retrieved on November 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss . . Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
| Filing 22 REPLY AFFIDAVIT of Michael Pantalony in Support re: #15 MOTION to Dismiss .. Document filed by David C. Banks, New York City Department of Education. (Attachments: #1 Exhibit Exhibit A- RL pendency order, #2 Exhibit Exhibit B-RZ pendency form, #3 Exhibit Exhibit C-MG pendency order, #4 Exhibit Exhibit D-WR pendency form).(Lindeman, Thomas) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss . and Reply in Further Support of Plaintiffs' Motion for Pendency Order/Automatic Injunction Under IDEA. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 19 DECLARATION of Rory J. Bellantoni in Opposition re: #15 MOTION to Dismiss .. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually). (Attachments: #1 Exhibit 1A: R.L. TDN, #2 Exhibit 1B: R.L. DPC, #3 Exhibit 2A: K.A. TDN, #4 Exhibit 2B: K.A. DPC, #5 Exhibit 3A: M.G. TDN, #6 Exhibit 3B: M.G. DPC, #7 Exhibit 4A: C.P. TDN, #8 Exhibit 4B: C.P. DPC, #9 Exhibit 5A: W.R. TDN, #10 Exhibit 5B: W.R. DPC, #11 Exhibit 6A: R.Z. TDN, #12 Exhibit 6B: R.Z. DPC).(Bellantoni, Rory) |
| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/3/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 17 TRANSCRIPT of Proceedings re: CONFERNECE held on 8/3/2023 before Judge John P. Cronan. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/9/2023..(McGuirk, Kelly) |
| Filing 21 Minute Entry for proceedings held before Judge John P. Cronan: Conference held on August 3, 2023. The Court held a conference to discuss Plaintiffs motion for a preliminary injunction and Defendants motion to dismiss. Plaintiffs shall respond to Defendants motion to dismiss by August 17, 2023. Defendants shall file their reply by August 24, 2023. (Court Reporter: Amy Walker). (mhe) |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss . . Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
| Filing 15 MOTION to Dismiss . Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas) |
| Filing 14 LETTER addressed to Judge John P. Cronan from Rory J. Bellantoni dated 07/24/2023 re: Order to Show Cause [ECF No. 5]. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 13 LETTER addressed to Judge John P. Cronan from Rory J. Bellantoni dated 07/21/2023 re: Response to Defendants' July 18, 2023 Letter Motion. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 12 LETTER MOTION to Consolidate Cases 23-cv-5797 (SDNY); 23-cv-5800 (SDNY); 23-cv-5803 (SDNY); 23-cv-5183 (EDNY) addressed to Judge John P. Cronan from Jonathan Pines dated July 18, 2023. Document filed by David C. Banks, New York City Department of Education. (Attachments: #1 Appendix 1: Grullon Cmplt, #2 Appendix 2: Lee Cmplt, #3 Appendix 3: Lummayos Cmplt, #4 Appendix 4: Frias Cmplt, #5 Appendix 5: Ravitz Cmplt, #6 Appendix 6: Grullon Order).(Pines, Jonathan) |
| Filing 11 ACKNOWLEDGMENT OF SERVICE of Proposed OTSC, MoL, Declaration with Exhibits, and 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 07/18/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
Filing 10
ORDER By July 18, 2023, Plaintiffs shall serve Defendants with copies of the materials at Docket Numbers 7-9, as well as this Order. Plaintiffs shall file proof of such service on the docket by July 20, 2023. Defendants shall file any response to Plaintiffs filing by July 31, 2023. The Court will hold a hearing on Plaintiffs' application for injunctive relief on August 3, 2023, at 4:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, New York 10007. SO ORDERED. (Status Conference set for 8/3/2023 at 04:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 7/17/2023) (jca)
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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 9 DECLARATION of Rory J. Bellantoni in Support re: #7 Proposed Order to Show Cause With Emergency Relief,,. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually). (Attachments: #1 Exhibit R.L. Enrollment Agreement, #2 Exhibit R.L. Transportation Agreement, #3 Exhibit K.A. Enrollment Agreement, #4 Exhibit K.A. Transportation Agreement, #5 Exhibit K.A. Nursing Agreement, #6 Exhibit M.G. Enrollment Agreement, #7 Exhibit M.G. Transportation Agreement, #8 Exhibit C.P. Enrollment Agreement, #9 Exhibit C.P. Transportation Agreement, #10 Exhibit W.R. Enrollment Agreement, #11 Exhibit W.R. Transportation Agreement, #12 Exhibit W.R. Nursing Agreement, #13 Exhibit R.Z. Enrollment Agreement, #14 Exhibit R.Z. Transportation Agreement).(Bellantoni, Rory) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief,, Requesting Declaratory Judgment and Pendency Order/Automatic Injunction under IDEA and Showing Cause Why Plaintiffs are Properly Joined under Fed. R. Civ. P. 20(A)(1). Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(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 7/11/2023, answer due 8/1/2023; New York City Department of Education served on 7/11/2023, answer due 8/1/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Maria Navarro-Carrillo(Individually); Rosa Zayas(as Parent and Natural Guardian of R.Z.); Jhoana Juca(as Parent and Natural Guardian of K.A.); Marina Burgos Parra(as Parent and Natural Guardian of C.P.); Cynthia Ramos(as Parent and Natural Guardian of W.R.); Rosa Zayas(Individually); Kamolporn Lummayos(Individually); Marina Burgos Parra(Individually); Jhoana Juca(Individually); Kamolporn Lummayos(as Parent and Natural Guardian of R.L.); Cynthia Ramos(Individually); Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.)..(Bellantoni, Rory) |
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Filing 5
ORDER By July 24, 2023, Plaintiffs shall file a brief showing cause as to why all Plaintiffs are properly joined in this singular action under Federal Rule of Civil Procedure 20(a)(1). SO ORDERED. (Signed by Judge John P. Cronan on 7/10/2023) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department of Education..(gp) |
| 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..(gp) |
| Magistrate Judge Gabriel W. Gorenstein 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 3 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: #1 Complaint,,. Document filed by Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Marina Burgos Parra(Individually), Jhoana Juca(as Parent and Natural Guardian of K.A.), Jhoana Juca(Individually), Kamolporn Lummayos(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Maria Navarro-Carrillo(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Cynthia Ramos(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Rosa Zayas(Individually)..(Bellantoni, Rory) |
| Filing 2 CIVIL COVER SHEET filed..(Bellantoni, Rory) |
| Filing 1 COMPLAINT against David C. Banks, New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27968042)Document filed by Maria Navarro-Carrillo(Individually), Rosa Zayas(as Parent and Natural Guardian of R.Z.), Jhoana Juca(as Parent and Natural Guardian of K.A.), Marina Burgos Parra(as Parent and Natural Guardian of C.P.), Cynthia Ramos(as Parent and Natural Guardian of W.R.), Rosa Zayas(Individually), Kamolporn Lummayos(Individually), Marina Burgos Parra(Individually), Jhoana Juca(Individually), Kamolporn Lummayos(as Parent and Natural Guardian of R.L.), Cynthia Ramos(Individually), Maria Navarro-Carrillo(as Parent and Natural Guardian of M.G.)..(Bellantoni, Rory) |
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