S.S. et al v. New York City Department of Education
Plaintiff: S.S.
Defendant: New York City Department of Education
Case Number: 1:2023cv10186
Filed: November 20, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Katharine H Parker
Referring Judge: Gregory H Woods
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1415 IDEA: Challenge decision re education for handicapped
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2024 Filing 16 NOTICE OF APPEARANCE by Susan J Weiswasser on behalf of New York City Department of Education..(Weiswasser, Susan)
December 7, 2023 Opinion or Order Filing 15 ORDER granting #14 Letter Motion for Conference addressed to Magistrate Judge Katharine H. Parker from iesha Eromosele on behalf of the New York City Dept of Educ dated December 5, 2023. APPLICATION GRANTED. The status conference scheduled on February 28, 2024 is adjourned sine die. The parties shall file a joint status letter on February 28, 2024 updating the Court on the status of their settlement discussions. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/7/2023) (vfr)
December 6, 2023 Filing 14 JOINT LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from iesha Eromosele on behalf of the New York City Dept of Educ dated December 5, 2023. Document filed by New York City Department of Education..(Sumerall Eromosele, Iesha)
December 6, 2023 Filing 13 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by New York City Department of Education. Document filed by New York City Department of Education..(Sumerall Eromosele, Iesha)
December 5, 2023 Opinion or Order Filing 12 ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from iesha Eromosele dated 12/5/2023. Application granted. Defendant's application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 11, is granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to March 13, 2024. In addition, a joint status letter is due no later than March 13, 2024. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 11. SO ORDERED.. (Signed by Judge Gregory H. Woods on 12/5/2023) New York City Department of Education answer due 3/13/2024 (ks)
December 5, 2023 Filing 11 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from iesha Eromosele dated 12/5/2023. Document filed by New York City Department of Education..(Sumerall Eromosele, Iesha)
November 29, 2023 Opinion or Order Filing 10 ORDER: 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, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/29/2023) (ks)
November 29, 2023 Filing 9 NOTICE OF APPEARANCE by Iesha Sumerall Eromosele on behalf of New York City Department of Education..(Sumerall Eromosele, Iesha)
November 22, 2023 Opinion or Order Filing 8 SCHEDULING ORDER: This case, in which Plaintiffs seek attorneys' fees pursuant to the Individuals with Disabilities Education Act ("IDEA"), has been referred to me for General Pretrial. Within two weeks of Defendant making an appearance in this case, the parties shall file a joint letter not to exceed two pages indicating whether there is any need for discovery 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, and shall state whether they request a settlement conference before the Undersigned. A telephonic status conference in this matter is scheduled on Wednesday, February 28, 2024 at 10:00 a.m. At the scheduled time, the parties shall dial the Court's conference line at 866-434-5269, code 4858267#. Unless the parties indicate that discovery will be needed in this matter, the parties are NOT required to submit a proposed Case Management Plan in advance of the telephonic status conference. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, the parties shall discuss whether they are willing to consent to conducting all further proceedings before the Undersigned pursuant to 28 U.S.C. 636(c). If all parties consent, they shall complete the Consent to Proceed Before a U.S. Magistrate Judge form available on the Court's website at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge and file such form with the Court. This Order is not meant to interfere in any way with the parties' absolute right to have dispositive motions and/or a trial before a United States District Judge, but is merely an attempt at preserving scarce judicial resources and reminding the parties of their option pursuant to 28 U.S.C. 636(c). Plaintiffs are directed to serve a copy of this Order on Defendant. SO ORDERED. Telephone Conference set for 2/28/2024 at 10:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 11/22/2023) (vfr)
November 22, 2023 Filing 7 AFFIDAVIT OF SERVICE of (1) an executed Summons; (2) a copy of Plaintiffs Complaint; (3) a copy of Judge Woods Individual Practices in Civil Cases; (4) a copy of Judge Woods Civil Case Management Plan and Scheduling Order; (5) a copy of the Electronic Case Filing Rules & Instructions; and (6) Invoice and Case Summary Report served on New York City Department of Education on November 22, 2023. Document filed by S.S.(individually), S.S.(on behalf of A.B.)..(Dayan, Adam)
November 21, 2023 Opinion or Order 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) and all such motions. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 11/21/2023) (rro)
November 21, 2023 Filing 5 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(gp)
November 21, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)
November 21, 2023 Magistrate Judge Katharine H. Parker 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)
November 21, 2023 Case Designated ECF. (gp)
November 20, 2023 Filing 4 CIVIL COVER SHEET filed..(Dayan, Adam)
November 20, 2023 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by S.S.(individually), S.S.(on behalf of A.B.)..(Dayan, Adam)
November 20, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by S.S.(individually), S.S.(on behalf of A.B.)..(Dayan, Adam)
November 20, 2023 Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-28593986)Document filed by S.S.(individually), S.S.(on behalf of A.B.)..(Dayan, Adam)

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Plaintiff: S.S.
Represented By: Adam Dayan
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Defendant: New York City Department of Education
Represented By: Iesha Sumerall Eromosele
Represented By: Susan J Weiswasser
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