G. et al v. New York City Department of Education
| L G and N G |
| NEW YORK CITY DEPARTMENT OF EDUCATION |
| 1:2023cv09268 |
| October 20, 2023 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Civil Rights: Education |
| 20 U.S.C. § 1415 IDEA: Challenge decision re education for handicapped |
| None |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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Filing 19
OPINION AND ORDER re: #14 FIRST LETTER MOTION for Conference pursuant to the Court's October 27, 2023 instruction addressed to Judge J. Paul Oetken dated October 30, 2023. filed by New York City Department of Education, #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order . filed by N G, L G. For the foregoing reasons, Plaintiffs motion for a temporary restraining order and preliminary injunction is GRANTED. DOE shall fund L.G.'s placement at Crossroads Academy RTC on a monthly basis during the pendency of the due process proceedings. The parties are directed to file a joint status letter by December 29, 2023. The Clerk of Court is directed to close the motions at ECF No. 6 and ECF No. 14. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/3/2023) (ate)
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Transmission to Finance Unit (Cashiers). Transmitted re: #19 Memorandum & Opinion, to the Finance Unit (Cashiers) for case processing. (ate)
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Filing 18
SECOND REPLY MEMORANDUM OF LAW in Support re: #14 FIRST LETTER MOTION for Conference pursuant to the Court's October 27, 2023 instruction addressed to Judge J. Paul Oetken dated October 30, 2023., #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order . . Document filed by L G, N G. (Attachments: #1 Exhibit 6 Pendency Order Oct. 31, 2023).(Saideman, Ellen)
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Filing 17
DECLARATION of Jonathan Stead in Support re: #14 FIRST LETTER MOTION for Conference pursuant to the Court's October 27, 2023 instruction addressed to Judge J. Paul Oetken dated October 30, 2023., #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by L G, N G. (Attachments: #1 Exhibit 1 School Location Letter).(Saideman, Ellen)
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Filing 16
REPLY MEMORANDUM OF LAW in Support re: #14 FIRST LETTER MOTION for Conference pursuant to the Court's October 27, 2023 instruction addressed to Judge J. Paul Oetken dated October 30, 2023., #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order . . Document filed by L G, N G. (Attachments: #1 Exhibit 1 AH order Nov. 23, 2022, #2 Exhibit 2 AH order Jan. 18, 2023, #3 Exhibit 3 AH order Apr. 20, 2023, #4 Exhibit 4 AH order May 17, 2023, #5 Exhibit 5 TC order).(Saideman, Ellen)
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Filing 15
DECLARATION of Eric Dahlin in Support re: #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by L G, N G..(Saideman, Ellen)
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Filing 14
FIRST LETTER MOTION for Conference pursuant to the Court's October 27, 2023 instruction addressed to Judge J. Paul Oetken dated October 30, 2023. Document filed by New York City Department of Education..(Hiatt, Eric)
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Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Show Cause Hearing held on 10/27/2023. See transcript. (bh)
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Filing 13
NOTICE OF APPEARANCE by Jared Scott Stein on behalf of N G..(Stein, Jared)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(gp)
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Filing 11
ORDER: A telephone conference to discuss Plaintiffs' proposed order to show cause with temporary restraining order will be held on Friday, October 27, 2023, at 1:30 p.m. New York time. At that time, counsel for Plaintiffs and counsel for Defendant are directed to dial 888-557-8511 and enter passcode 9300838. Plaintiffs' counsel is directed to provide a copy of this order to Defendant by email or through other means as soon as possible, and no later than October 25, 2023. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nhb)
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Filing 10
DECLARATION of N.G. in Support re: #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by L G, N G. (Attachments: #1 Exhibit A, IEP, #2 Exhibit B, ten day notice, #3 Exhibit C, DOE emails, #4 Exhibit D, due process petition).(Saideman, Ellen)
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Filing 9
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge J. Paul Oetken on 10/24/2023) (ate)
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Filing 8
MEMORANDUM OF LAW in Support re: #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order . . Document filed by L G, N G. (Attachments: #1 Exhibit Crossroads Tuition Invoice, #2 Exhibit Thurgood Declaration, #3 Exhibit Lund Declaration, #4 Exhibit Hearing Decision NYC 229602).(Saideman, Ellen)
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Filing 7
DECLARATION of Dakota Bone in Support re: #6 EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by L G, N G..(Saideman, Ellen)
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Filing 6
EMERGENCY MOTION for Preliminary Injunction ., EMERGENCY MOTION for Temporary Restraining Order . Document filed by L G, N G. (Attachments: #1 Proposed Order to show cause).(Saideman, Ellen) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 5
CIVIL COVER SHEET filed..(Saideman, Ellen)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ellen Saideman. The information for the party/parties has been modified for the following reason/reasons:NEW YORK CITY DEPARTMENT OF EDUCATION - party name was entered in all caps and L G - party text was omitted.. (gp)
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Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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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Case Designated ECF. (gp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ellen Saideman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF for the civil cover sheet is blank. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (gp)
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Filing 4
***SELECTED PARTIES***REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by L G, N G, NEW YORK CITY DEPARTMENT OF EDUCATION.Motion or Order to File Under Seal: #4 .(Saideman, Ellen)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by L G, N G..(Saideman, Ellen)
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Filing 2
FILING ERROR - PDF ERROR CIVIL COVER SHEET filed..(Saideman, Ellen) Modified on 10/23/2023 (gp).
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Filing 1
COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. Document filed by L G, N G. (Attachments: #1 Exhibit Hearing Decision ordering payment for Crossroads placement).(Saideman, Ellen)
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