S.H. et al v. New York City Department of Education
| S.H. and S.H. on behalf of her child C.G., a minor |
| New York City Department of Education |
| 1:2023cv06581 |
| July 28, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M Furman |
| Sarah Netburn |
| Civil Rights: Other |
| 20 U.S.C. ยง 1415 IDEA: Challenge decision re education for handicapped |
| None |
Docket Report
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time. Defendant may respond to the complaint by November 22, 2023. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 12 FIRST MOTION for Extension of Time to Answer., MOTION for Extension of Time to File Answer . Document filed by New York City Department of Education..(Drohan, Vivian) |
| Filing 11 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Irina Roller dated August 22, 2023 re: need for discovery or initial conference. Document filed by S.H., S.H. on behalf of her child C.G., a minor..(Roller, Irina) |
| Filing 10 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Irina Roller dated August 22, 2023 re: proceeding before the Magistrate Judge pursuant to 28 U.S.C. 636(c). Document filed by S.H., S.H. on behalf of her child C.G., a minor..(Roller, Irina) |
| Filing 9 NOTICE OF APPEARANCE by Martin John Bowe, Jr on behalf of New York City Department of Education..(Bowe, Martin) |
| Filing 8 NOTICE OF APPEARANCE by Vivian Rivera Drohan on behalf of New York City Department of Education..(Drohan, Vivian) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department of Education served on 8/2/2023, answer due 8/23/2023. Service was accepted by serviceecf@law.nyc.gov. Service was made by email. Document filed by S.H.; S.H. on behalf of her child C.G., a minor..(Roller, Irina) |
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Filing 6
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Jesse M. Furman on 8/1/2023) (tg)
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Filing 5
ORDER: In this case, Plaintiffs seek attorney's fees in connection with their claims under the Individuals with Disabilities Education Act, Title 20, United States Code, Section 1410 et seq. By separate Order to be entered today, the Court is referring the matter to the assigned Magistrate Judge both for General Pretrial Purposes, including settlement, and for any dispositive motions, including motions for summary judgment. Unless and until the Magistrate Judge orders otherwise, the parties shall file a joint letter (addressed to the Magistrate Judge), no later than two weeks from the date of the date on which Defendant enters an appearance, and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. In addition, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, Plaintiffs shall, within two weeks of the date on which Defendant enters an appearance, either mail or email to Furman_NYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://www.nysd.uscourts.gov/node/754. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter by the same deadline advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/1/2023) (tg)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (vf) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Lewis A. Kaplan is no longer assigned to the case. (vba) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Irina Roller. The party information for the following party/parties has been modified: S.H.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| Magistrate Judge Sarah Netburn 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 Lewis A. Kaplan. 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 New York City Department of Education, re: #1 Complaint. Document filed by S.H., S.H. on behalf of her child C.G., a minor..(Roller, Irina) |
| Filing 2 CIVIL COVER SHEET filed..(Roller, Irina) |
| Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-28069669)Document filed by S.H., S.H. on behalf of her child C.G., a minor..(Roller, Irina) |
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