J.B. et al v. New York City Department of Education
| J.B., J.B. on behalf of his child C.B, a minor, J.B. on behalf of his child F.B, a minor and J.B. on behalf of his child M.B., a minor |
| New York City Department of Education |
| 1:2023cv10056 |
| November 15, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Ona T Wang |
| Civil Rights: Other |
| 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 December 8, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 FIRST LETTER MOTION for Extension of Time to File Answer on consent addressed to Magistrate Judge Ona T. Wang from Marina Moraru dated December 7, 2023., #1 Complaint,. Application GRANTED. SO ORDERED. (New York City Department of Education answer due 3/11/2024.) (Signed by Magistrate Judge Ona T. Wang on 12/8/23) (yv)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer on consent addressed to Magistrate Judge Ona T. Wang from Marina Moraru dated December 7, 2023. Document filed by New York City Department of Education..(Moraru, Marina) |
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Filing 12
ORDER The Court will hold a Pre-Settlement Conference Scheduling Call on February 13, 2024, at 2:30 p.m. The dial in information is (866) 390-1828, access code 1582687. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (ada)
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Filing 11
SCHEDULING ORDER:The Court has reviewed the parties' joint letter at ECF 10 in which Plaintiffs' counsel will provide ABRs by December 11, 2023. In the event that they are not, Defendant's motion to compel shall be briefed on the following schedule: Motions due by 12/15/2023. Responses due by 12/18/2023. There shall be no replies. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (Wang, Ona)
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| Filing 10 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Marina Moraru dated November 29, 2023 re: ECF# 6 Order. Document filed by New York City Department of Education..(Moraru, Marina) |
| Filing 9 JOINT LETTER addressed to Judge Jennifer L. Rochon from Marina Moraru dated November 29, 2023 re: ECF# 6 Order. Document filed by New York City Department of Education..(Moraru, Marina) |
| Filing 8 NOTICE OF APPEARANCE by Marina Moraru on behalf of New York City Department of Education..(Moraru, Marina) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. New York City Department of Education served on 11/20/2023, answer due 12/11/2023. Service was accepted by serviceecf@law.nyc.gov. Service was made by email. Document filed by J.B. on behalf of his child M.B., a minor; J.B.; J.B. on behalf of his child F.B, a minor; J.B. on behalf of his child C.B, a minor..(Roller, Irina) |
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Filing 6
ORDER In this case, Plaintiffs seek attorneys 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 this Order, 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 of this Order, file on the docket a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available athttps://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 Jennifer L. Rochon on 11/17/2023) (jca)
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Filing 5
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 Ona T. Wang. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/17/2023) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney J.B.. The party information for the following party/parties has been modified: J.B.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (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) |
| Magistrate Judge Ona T. Wang 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) |
| Case Designated ECF. (vf) |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Lewis A. Kaplan is no longer assigned to the case. (tro) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by J.B., J.B. on behalf of his child C.B, a minor, J.B. on behalf of his child F.B, a minor, J.B. on behalf of his child M.B., 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-28572044)Document filed by J.B. on behalf of his child M.B., a minor, J.B., J.B. on behalf of his child F.B, a minor, J.B. on behalf of his child C.B, a minor..(Roller, Irina) |
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