B.A. v. New York City Department of Health and Mental Hygiene et al
| B.A. |
| New York City Department of Health and Mental Hygiene and New York City Department Of Education, |
| 1:2023cv08467 |
| September 26, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Education |
| 20 U.S.C. § 1415 IDEA: Challenge decision re education for handicapped |
| None |
Docket Report
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| A Settlement Conference was held on November 8, 2023 before Magistrate Judge Gary Stein. Appearances by Victoria Angle, Rebecca Shore, Diana Imbert and Betty Melo as counsel for Plaintiff, and Jason Imbiano and Mark Toews as counsel for Defendants. The parties shall file with the Court definitive documentation with respect to the settlement agreed to during the conference by no later than November 22, 2023. (ta) Modified on 11/9/2023 (ta). |
| Filing 33 ANSWER to #1 Complaint. Document filed by New York City Department Of Education,, New York City Department of Health and Mental Hygiene..(Imbiano, Jason) |
Filing 32
ORDER SCHEDULING SETTLEMENT CONFERENCE: As discussed with and agreed to by the parties, another settlement conference in this matter is scheduled for Wednesday, November 8, 2023 at 3:00 p.m. The parties are directed to appear by video via Microsoft Teams at the scheduled time, unless otherwise ordered. SO ORDERED. Settlement Conference set for 11/8/2023 at 03:00 PM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 10/19/2023) (tg)
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| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/5/2023 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 30 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/5/2023 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Paula Horovitz, (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 11/7/2023. Redacted Transcript Deadline set for 11/17/2023. Release of Transcript Restriction set for 1/15/2024..(McGuirk, Kelly) |
| Minute Entry: A Settlement Conference was held on October 17, 2023 before Magistrate Judge Gary Stein. Appearances by Victoria Angle, Jacqueline Chervak, Rebecca Shore, and Diana Imbert as counsel for Plaintiff, and Jason Imbiano and Mark Toews as counsel for Defendants, along with representatives of the parties. The conference has concluded and no settlement has been reached. The parties require additional time to decide whether further settlement discussions would be fruitful and are directed to update the Court by October 18, 2023. (ta) |
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Filing 29
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for October 17, 2023 at 9:30 AM. The parties are directed to appear for a video conference via Microsoft Teams at the scheduled time. The parties shall consult and comply with the undersigned's Settlement Conference Procedures, which may be found at https://nysd.uscourts.gov/hon-gary-stein. Ex parte settlement letters must be submitted to the Court by October 13, 2023. SO ORDERED. Settlement Conference set for 10/17/2023 at 09:30 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 10/11/2023) (ama)
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Filing 28
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #27 Motion for Victoria Dalcourt Angle to Appear Pro Hac Vice. The Clerk of the Court is directed to terminate the pending motion at docket number 27.. (Signed by Judge Katherine Polk Failla on 10/11/2023) (rro)
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| Filing 27 MOTION for Victoria Dalcourt Angle to Appear Pro Hac Vice Filing fee $ 200.00, receipt number CNYSDC-28348972. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by B.A.. (Attachments: #1 Affidavit of Victoria Dalcourt Angle in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Supreme Court of Virginia Certificate of Good Standing, #3 Exhibit DC Court of Appeals Certificate of Good Standing, #4 Proposed Order Granting the Admission of Victoria Dalcourt Angle Pro Hac Vice).(Angle, Victoria) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Victoria Dalcourt Angle to Appear Pro Hac Vice Filing fee $ 200.00, receipt number CNYSDC-28348972. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) |
| Filing 26 DECLARATION of Jason Imbiano in Opposition. Document filed by New York City Department Of Education,, New York City Department of Health and Mental Hygiene. (Attachments: #1 Exhibit A, #2 Exhibit B).(Imbiano, Jason) |
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Filing 25
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gary Stein. The parties are directed to contact the chambers of Magistrate Judge Gary Stein to schedule a settlement conference as soon as possible. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/6/2023) (vfr)
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| Filing 24 LETTER addressed to Judge Katherine Polk Failla from Jason Imbiano dated October 6, 2023 re: Defendants' position on settlement. Document filed by New York City Department Of Education,, New York City Department of Health and Mental Hygiene..(Imbiano, Jason) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Show Cause Hearing held on 10/5/2023. Attorneys Jacqueline Lauren Chervak, Victoria D. Angle, Rebecca Caren Shore, and Michael Bruce Miller representing Plaintiff present. Attorneys Jason William Imbiano and Mark Galen Toews representing Defendants present. By end of day tomorrow, October 6th, Defendants shall submit a status letter updating the Court of their position on settlement. (Court Reporter Paula Horowitz) (tn) |
| Filing 23 NOTICE OF APPEARANCE by Mark Galen Toews on behalf of New York City Department Of Education,, New York City Department of Health and Mental Hygiene..(Toews, Mark) |
| Filing 22 DECLARATION of Lidiya Lednyak . Document filed by New York City Department Of Education,, New York City Department of Health and Mental Hygiene..(Imbiano, Jason) |
| Filing 21 DECLARATION of Jason Imbiano . Document filed by New York City Department Of Education,, New York City Department of Health and Mental Hygiene. (Attachments: #1 Exhibit A, #2 Exhibit B).(Imbiano, Jason) |
| Filing 20 OPPOSITION BRIEF re Plaintiff's filing ECF No. 9. Document filed by New York City Department Of Education,, New York City Department of Health and Mental Hygiene..(Imbiano, Jason) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department of Health and Mental Hygiene served on 9/28/2023, answer due 10/19/2023. Service was accepted by Sarah Jean-Charles. Document filed by B.A...(Miller, Michael) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department Of Education, served on 9/28/2023, answer due 10/19/2023. Service was accepted by Sarah Jean-Charles. Document filed by B.A...(Miller, Michael) |
| Filing 17 NOTICE OF APPEARANCE by Jason William Imbiano on behalf of New York City Department Of Education,, New York City Department of Health and Mental Hygiene..(Imbiano, Jason) |
| Filing 16 CERTIFICATE OF SERVICE of Order To Show Cause for Preliminary Injunction and Temporary Restraining Order together with the papers upon which it is based and the Summons and Complaint served on New York State Department of Health and Mental Hygiene, and New York City Department of Education on September 27, 2023. Service was made by Email and Overnight Mail. Document filed by B.A...(Chervak, Jacqueline) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Victoria Dalcourt Angle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-28348972. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Victoria Dalcourt Angle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-28348972. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by B.A.. (Attachments: #1 Affidavit of Victoria Dalcourt Angle in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit VA Bar Certificate, #3 Exhibit DC Bar Certificate, #4 Proposed Order Granting the Admission of Victoria Dalcourt Angle Pro Hac Vice).(Angle, Victoria) Modified on 9/28/2023 (sgz). |
| Filing 14 NOTICE OF APPEARANCE by Jacqueline Lauren Chervak on behalf of B.A...(Chervak, Jacqueline) |
| Filing 13 NOTICE OF APPEARANCE by Rebecca Caren Shore on behalf of B.A...(Shore, Rebecca) |
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Filing 12
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER:ORDERED, that the above-named defendants show cause before this Court, on October5, 2023, at 11:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse 40 Foley Square, New York, New York, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure requiring Defendants New York City Department of Health and Mental Hygiene ("NYCDHM") and New York City Department of Education ("NYCDOE") to provide permanent injunctive relief to R.A. in the form of at least 200 hours of one-to-one special instruction (Applied Behavior Analysis therapy), 25 hours of occupational therapy, and 50 hours of speech-language therapy at the child's home, to be paid by the agencies; and it is further ORDERED that, service of a copy of this order together with the papers upon which it is based and the summons and complaint upon the defendants by email to: (1) llandau@health.nyc.gov (Lisa Landau, General Counsel at DOHMH) and serviceECF@law.nyc.gov (2) evladeck@schools.nyc.gov (Elizabeth Vladeck, General Counsel at DOE) and serviceECF@law.nyc.gov; and overnight mail to: (1) New York City Department of Health and Mental Hygiene, Gotham Center, 42-09 28th Street, 14th Floor, Queens, New York 11101-4132 and to the New York City Law Department, 100 Church Street, New York, New York 10007; and (2) Department of Education, New York City Law Department, 100 Church Street, New York, New York 10007, on or before September 28, 2023, shall be deemed good and sufficient serve thereof; and it is further ORDERED, that opposing papers, if any, shall be filed and served electronically upon Michael B. Miller, Jacqueline Chervak, Victoria Dalcourt Angle, Morrison & Foerster LLP, MBMiller@mofo.com; jchervak@mofo.com; vdalcourt@mofo.com, 250 West 55th Street, New York, New York, 10019, and Rebecca Shore, Advocates for Children of New York, 151 West 30th Street, 5th Floor, New York, NY 10001, RShore@advocatesforchildren.org, attorneys for the plaintiff, on or before October 3, 2023. Show Cause Hearing set for 10/5/2023 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Show Cause Response due by 10/3/2023. (Signed by Judge Katherine Polk Failla on 9/26/2023) (rro)
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| Filing 11 ELECTRONIC SUMMONS ISSUED as to New York City Department of Health and Mental Hygiene..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to New York City Department Of Education,..(jgo) |
| Filing 9 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief, . Document filed by B.A., individually and on behalf of R.A...(Miller, Michael) |
| Filing 8 DECLARATION of B.A. in Support re: #5 Proposed Order to Show Cause With Emergency Relief,. Document filed by B.A., individually and on behalf of R.A.. (Attachments: #1 Exhibit A - R.A.s IFSP, #2 Exhibit B - ALJ Decision).(Miller, Michael) |
| Filing 7 DECLARATION of Rebecca Shore in Support re: #5 Proposed Order to Show Cause With Emergency Relief,. Document filed by B.A., individually and on behalf of R.A...(Miller, Michael) |
| Filing 6 DECLARATION of Michael B. Miller in Support re: #5 Proposed Order to Show Cause With Emergency Relief,. Document filed by B.A., individually and on behalf of R.A...(Miller, Michael) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by B.A., individually and on behalf of R.A.. Related Document Number: #1 ..(Miller, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by B.A., individually and on behalf of R.A...(Miller, Michael) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Health and Mental Hygiene, re: #1 Complaint. Document filed by B.A., individually and on behalf of R.A...(Miller, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Miller, Michael) |
| Filing 1 COMPLAINT against New York City Department Of Education,, New York City Department of Health and Mental Hygiene. (Filing Fee $ 402.00, Receipt Number ANYSDC-28340066)Document filed by B.A., individually and on behalf of R.A...(Miller, Michael) |
| Case Designated ECF. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (nd) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Bruce Miller re: Document No. #1 Complaint. The filing is deficient for the following reason(s): Add B.A. to CM ECF with the party text "on behalf of R.A.". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Bruce Miller. The party information for the following party/parties has been modified: B.A., individually and on behalf of R.A.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Magistrate Judge Gary Stein 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(pc) |
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