M.L. et al v. New York City Department of Education
| M. L., R. L. and J. L. |
| NEW YORK CITY DEPARTMENT OF EDUCATION |
| 1:2023cv09657 |
| November 2, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Education |
| 20 U.S.C. § 1415 IDEA: Challenge decision re education for handicapped |
| None |
Docket Report
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 FIRST LETTER MOTION for Extension of Time to File Answer nunc pro tunc and to adjourn conference sine die addressed to Judge Valerie E. Caproni from Susan J. Weiswasser dated 12/13/23., #8 Complaint. Application GRANTED. Defendants' response to the complaint must be filed no later than February 22, 2024, non pro tunc. The Initial Pretrial Conference scheduled for January 26, 2024 is adjourned sine die. The parties' joint status letter must be filed no later than February 22, 2024. The Court reminds Defendants of Rule 2.C. of the Undersigne's Individual Practices, which requires that adjournments or extensions of time requests be made at least 48 business hours prior to the due date. Absent extenuating circumstances, the Court is unlikely to grant such extraordinarily tardy requests again. The parties are advised that, at any time, they may submit a joint request for referral to the assigned Magistrate Judge or to the court-annexed mediation program for a settlement conference if they believe a referral would advance the prospect of settlement. SO ORDERED. New York City Department of Education answer due 2/22/2024. (Signed by Judge Valerie E. Caproni on 12/13/2023) (tg)
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| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer nunc pro tunc and to adjourn conference sine die addressed to Judge Valerie E. Caproni from Susan J. Weiswasser dated 12/13/23. Document filed by New York City Department of Education..(Weiswasser, Susan) |
| Filing 9 NOTICE OF APPEARANCE by Susan J Weiswasser on behalf of New York City Department of Education..(Weiswasser, Susan) |
| Filing 8 COMPLAINT against New York City Department of Education. Document filed by M. L.(Individually ), M. L.(on behalf of J.L.), R. L.(on behalf of J.L. ), R. L.(Individually ). (Attachments: #1 Exhibit Exhibit 1 FOFD).(Baum, Lauren) |
| Filing 7 AFFIDAVIT OF SERVICE. New York City Department of Education served on 11/3/2023, answer due 11/24/2023. Service was made by Email. Document filed by M. L.(Individually ); M. L.(on behalf of J.L.); R. L.(on behalf of J.L. ); R. L.(Individually )..(Baum, Lauren) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lauren A. Baum to RE-FILE Document No. #5 Complaint,. The filing is deficient for the following reason(s): all of the filers were not selected for the pleading;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE FOR CASES FILED UNDER 20 U.S.C. 1415(i)(3): Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on January 26, 2024 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. No later than January 5, 2024, the parties must submit a joint letter (the "Joint Letter") stating whether the IPTC would be helpful in expeditiously managing this case or whether, in the alternative, they would prefer that the Court forgo the IPTC and set a schedule for briefing a motion by Plaintiff for summary judgment after Defendant has answered. Plaintiffs are encouraged to serve defendants promptly. Should the parties decide that an IPTC would be beneficial, no later than January 18, 2024, the parties must submit a joint letter of no more than five pages addressing the following in separate paragraphs: as set forth herein. SO ORDERED. Initial Conference set for 1/26/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 11/03/2023) (ama)
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| Filing 5 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against New York City Department of Education. Document filed by M. L., R. L.. (Attachments: #1 Exhibit Exhibit 1).(Baum, Lauren) Modified on 11/6/2023 (jgo). |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (vf) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners M. L., R. L. added. Party added pursuant to #1 Complaint,.Document filed by M. L., R. L.. Related document: #1 Complaint,..(Baum, Lauren) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren A. Baum. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION; M.L; R.L.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Lauren A. Baum. The following party/parties has been removed from this case: J.L. The party was added to the case in error. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lauren A. Baum. The following case opening statistical information was erroneously selected/entered: Cause of Action code 20:1400 IDEA: Individuals With Disabilities Education Act (short title). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 20:1415 IDEA: Challenge decision re education for handicapped. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lauren A. Baum to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading. Add party M.L and R.L with party text "on behalf of J.L". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Magistrate Judge Valerie Figueredo 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. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by J. L., M. L., R. L...(Baum, Lauren) |
| Filing 2 CIVIL COVER SHEET filed..(Baum, Lauren) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-28514895)Document filed by M. L., J. L., R. L.. (Attachments: #1 Exhibit Exhibit 1 FOFD).(Baum, Lauren) Modified on 11/3/2023 (vf). |
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