Frias et al v. Banks et al
| Marlene Frias, Eileen Mendez, Claudia Rivas, Linda Larach-Cohen, Svetlana Khanimova, Alexandra Fiallos, Janeris Rodriguez Mejia and Janeris De Jesus Rodriguez |
| David C. Banks and New York City Department of Education |
| 1:2023cv05803 |
| July 6, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| 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 October 12, 2023. A more recent docket listing may be available from PACER.
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ORDER It is hereby ORDERED that by September 8, 2023, Defendants shall file a letter on ECF updating the Court on the status of Plaintiffs pendency determinations. (HEREBY ORDERED by Judge Jessica G. L. Clarke) (Text Only Order) (Clarke, Jessica)
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Filing 21
REPLY MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas)
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Filing 20
REPLY AFFIDAVIT of Michael Pantalony in Support re: #14 MOTION to Dismiss .. Document filed by David C. Banks, New York City Department of Education. (Attachments: #1 Exhibit MC pendency order, #2 Exhibit ER pendency form, #3 Exhibit YN pendency form, #4 Exhibit LV pendency form, #5 Exhibit MC pendency form).(Lindeman, Thomas)
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Filing 19
MEMORANDUM OF LAW in Opposition re: #14 MOTION to Dismiss . . Document filed by Janeris De Jesus Rodriguez(Individually), Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.)..(Bellantoni, Rory)
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Filing 18
DECLARATION of Rory J. Bellantoni in Opposition re: #14 MOTION to Dismiss .. Document filed by Janeris De Jesus Rodriguez(Individually), Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.). (Attachments: #1 Exhibit 1A: A.F. TDN, #2 Exhibit 1B: A.F. DPC, #3 Exhibit 2A: A.C. TDN, #4 Exhibit 2B: A.C. DPC, #5 Exhibit 3A: S.C. TDN, #6 Exhibit 3B: S.C. DPC, #7 Exhibit 4A: M.C. TDN, #8 Exhibit 4B: M.C. DPC, #9 Exhibit 5A: Y.N. TDN, #10 Exhibit 5B: Y.N. DPC, #11 Exhibit 6A: L.V. TDN, #12 Exhibit 6B: L.V. DPC, #13 Exhibit 7A: E.R. TDN, #14 Exhibit 7B: E.R. DPC).(Bellantoni, Rory)
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Filing 17
STATUS REPORT. Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas)
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Filing 16
ORDER denying #10 Motion to Consolidate Cases. Although the Court finds consolidating the various matters inappropriate here, the Court will closely coordinate the schedules in both Grullon and Frias, particularly as to the parties' pending motions. For the reasons explained above, Defendants' motion to consolidate is DENIED. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/2/2023) (tg)
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Minute Entry for proceedings held before Judge Jessica G. L. Clarke: Status Conference held on 8/1/2023. Counsel, Rory J. Bellatoni, present for plaintiffs. Counsel, Thomas Lindeman, present for defendants. Court Reporter, Amy Walker, present. Status letter from Defendants to be filed by August 11, 2023, Plaintiffs' opposition to Defendants' Motion to Dismiss to be filed by August 15, 2023 and Defendants' reply to Plaintiff's opposition to be filed by August 22, 2023. (stt)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas)
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Filing 14
MOTION to Dismiss . Document filed by David C. Banks, New York City Department of Education..(Lindeman, Thomas)
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Filing 13
ORDER: It is hereby ORDERED that counsel for the parties appear for a conference with the Court on August 1, 2023 at 2:30 p.m. The conference will be held before Judge Clarke in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Counsel for the parties should be prepared to discuss Defendants request to consolidate Plaintiffs' actions and the briefing schedule in this case. Counsel for Defendants should be prepared to discuss whether they dispute Plaintiffs' requested Pendency Orders. If Defendants have yet to reach a position on Plaintiffs' requested Pendency Orders, Defendants must inform the court when they expect to arrive at such a determination. and as set forth herein. SO ORDERED., ( Status Conference set for 8/1/2023 at 02:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Jessica G. L. Clarke.) (Signed by Judge Jessica G. L. Clarke on 7/25/2023) (ama)
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Filing 12
LETTER addressed to Judge Jessica G. L. Clarke from Rory J. Bellantoni dated 07/21/2023 re: Response to Defendants' July 18, 2023 Letter Motion. Document filed by Janeris De Jesus Rodriguez(Individually), Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.)..(Bellantoni, Rory)
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Filing 11
AFFIRMATION of Rory J. Bellantoni re: #9 Order,, Regarding Proof of Service. Document filed by Janeris De Jesus Rodriguez(Individually), Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.)..(Bellantoni, Rory)
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Case Designated ECF. (gp)
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Filing 10
LETTER MOTION to Consolidate Cases 23-cv-5797 (SDNY); 23-cv-5800 (SDNY); 23-cv-5802 (SDNY); 23-cv-5183 (EDNY) addressed to Judge Jessica G. L. Clarke 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)
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Filing 9
ORDER: The Court has received an application from Plaintiffs for declaratory judgment and pendency order/automatic injunction in connection with their claim for funding for the 2023-2024 school year under the Individuals with Disabilities Education Act, 20 U.S.C. 1400. The Court orders Defendants to respond to Plaintiffs' application by Friday, July 28, 2023. The Court directs Plaintiffs to serve this order today on Defendants, and to file an affidavit reflecting such service on the docket of this case by the close of business on Friday, July 21, 2023. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 7/18/2023) (ama)
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Filing 8
DECLARATION of Rory J. Bellantoni in Support re: #6 Proposed Order to Show Cause With Emergency Relief,,,. Document filed by Janeris De Jesus Rodriguez(Individually), Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.). (Attachments: #1 Exhibit A.F. Enrollment Agreement, #2 Exhibit A.F. Transportation Agreement, #3 Exhibit A.C. Enrollment Agreement, #4 Exhibit A.C. Transportation Agreement, #5 Exhibit S.C. Enrollment Agreement, #6 Exhibit S.C. Transportation Agreement, #7 Exhibit M.C. Enrollment Agreement, #8 Exhibit M.C. Transportation Agreement, #9 Exhibit Y.N. Enrollment Agreement, #10 Exhibit Y.N. Transportation Agreement, #11 Exhibit L.V. Enrollment Agreement, #12 Exhibit L.V. Transportation Agreement, #13 Exhibit L.V. Nursing Agreement, #14 Exhibit E.R. Enrollment Agreement, #15 Exhibit E.R. Transportation Agreement).(Bellantoni, Rory)
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Filing 7
MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief,,, Requesting Declaratory Judgment and Pendency Order/Automatic Injunction under IDEA. Document filed by Janeris De Jesus Rodriguez(Individually), Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.)..(Bellantoni, Rory)
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Filing 6
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Janeris De Jesus Rodriguez(Individually), Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.)..(Bellantoni, Rory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief,,, was reviewed and approved as to form. (nd)
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Filing 5
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 Alexandra Fiallos(as Parent and Natural Guardian of L.V.); Linda Larach-Cohen(as Parent and Natural Guardian of M.C.); Marlene Frias(Individually); Marlene Frias(as Parent and Natural Guardian of A.F.); Janeris De Jesus Rodriguez(Individually); Claudia Rivas(Individually); Eileen Mendez(as Parent and Natural Guardian of A.C.); Svetlana Khanimova(as Parent and Natural Guardian of Y.N.); Alexandra Fiallos(Individually); Linda Larach-Cohen(Individually); Eileen Mendez(Individually); Svetlana Khanimova(Individually); Claudia Rivas(as Parent and Natural Guardian of S.C.)..(Bellantoni, Rory)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department of Education..(gp)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rory J. Bellantoni. The party information for the following party/parties has been modified: Janeris Rodriguez Mejia. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error (changed to JANERIS DE JESUS RODRIGUEZ). (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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)
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Magistrate Judge Katharine H. Parker 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)
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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 Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Alexandra Fiallos(Individually), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Svetlana Khanimova(Individually), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Linda Larach-Cohen(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Eileen Mendez(Individually), Claudia Rivas(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.), Janeris Rodriguez Mejia(as Parent and Natural Guardian of E.R.), Janeris Rodriguez Mejia(Individually)..(Bellantoni, Rory)
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Filing 2
CIVIL COVER SHEET filed..(Bellantoni, Rory)
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Filing 1
COMPLAINT against David C. Banks, New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27968142)Document filed by Alexandra Fiallos(as Parent and Natural Guardian of L.V.), Linda Larach-Cohen(as Parent and Natural Guardian of M.C.), Marlene Frias(Individually), Marlene Frias(as Parent and Natural Guardian of A.F.), Janeris Rodriguez Mejia(as Parent and Natural Guardian of E.R.), Claudia Rivas(Individually), Eileen Mendez(as Parent and Natural Guardian of A.C.), Svetlana Khanimova(as Parent and Natural Guardian of Y.N.), Alexandra Fiallos(Individually), Janeris Rodriguez Mejia(Individually), Linda Larach-Cohen(Individually), Eileen Mendez(Individually), Svetlana Khanimova(Individually), Claudia Rivas(as Parent and Natural Guardian of S.C.)..(Bellantoni, Rory)
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