E.E. et al v. New York City Department of Education et al
Plaintiff: E.E.
Defendant: New York City Department of Education, The Board of Education of the City School District of the City of New York, Chancellor David Banks and The City of New York
Case Number: 1:2023cv10302
Filed: November 22, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Dale E Ho
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2024 Filing 16 ANSWER to #1 Complaint,. Document filed by Chancellor David Banks, New York City Department of Education, The Board of Education of the City School District of the City of New York, The City of New York..(Thayer, David)
December 19, 2023 Opinion or Order Filing 15 ORDER granting #14 Letter Motion to Adjourn Conference; granting #14 Letter Motion for Extension of Time to Answer re #14 CONSENT LETTER MOTION to Adjourn Conference , namely, the initial pretrial conference scheduled for January 23, 2024, addressed to Judge Dale E. Ho from David S. Thayer dated December 18, 2023.CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or otherwise respond to the Complaint, as well as the deadline for the joint letter in advance of the initial pretrial conference addressed to Judge Dale E. Ho. Application GRANTED. Defendants' Answer to the Complaint (ECF No. 1) is due January 17, 2024. The initial pretrial conference scheduled for January 23, 2024, at 10:30 a.m. EST is ADJOURNED to February 6, 2024, at 3:00 p.m. EST. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453- 4442 and entering the Phone Conference ID: 683 977 580#, followed by the pound (#) sign. By January 30, 2024, parties must file on ECF a joint letter, as described at ECF No. 12, and a proposed Civil Case Management Plan and Scheduling Order. The Clerk of Court is respectfully requested to terminate ECF No. 14. SO ORDERED.. (Signed by Judge Dale E. Ho on 12/19/2023) Chancellor David Banks answer due 1/17/2024; New York City Department of Education answer due 1/17/2024; The Board of Education of the City School District of the City of New York answer due 1/17/2024; The City of New York answer due 1/17/2024( Initial Conference set for 2/6/2024 at 03:00 PM before Judge Dale E. Ho.) (ks)
December 18, 2023 Filing 14 CONSENT LETTER MOTION to Adjourn Conference , namely, the initial pretrial conference scheduled for January 23, 2024, addressed to Judge Dale E. Ho from David S. Thayer dated December 18, 2023., CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or otherwise respond to the Complaint, as well as the deadline for the joint letter in advance of the initial pretrial conference addressed to Judge Dale E. Ho from David S. Thayer dated December 18, 2023. Document filed by Chancellor David Banks, New York City Department of Education, The Board of Education of the City School District of the City of New York, The City of New York..(Thayer, David)
November 28, 2023 Filing 13 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference and the Individual Rules and Practices in Civil Cases of the Honorable Dale E. Ho, U.S.D.J. served on New York City Department of Education, The Board of Education of the City School District of the City of New York, Chancellor David Banks, in his official capacity, and The City of New York on November 28, 2023. Document filed by E.E.(on behalf of herself), E.E.(on behalf of her minor child I.A.)..(McCormack-Herbert, Erin)
November 27, 2023 Opinion or Order Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/23/2024 at 10:30 AM before Judge Dale E. Ho. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 683 977 580#, followed by the pound (#) sign. SO ORDERED. (Signed by Judge Dale E. Ho on 11/27/2023) (vfr)
November 27, 2023 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. Chancellor David Banks served on 11/27/2023, answer due 12/18/2023; New York City Department of Education served on 11/27/2023, answer due 12/18/2023; The Board of Education of the City School District of the City of New York served on 11/27/2023, answer due 12/18/2023; The City of New York served on 11/27/2023, answer due 12/18/2023. Document filed by E.E.(on behalf of herself); E.E.(on behalf of her minor child I.A.)..(McCormack-Herbert, Erin)
November 27, 2023 Filing 10 ELECTRONIC SUMMONS ISSUED as to The City of New York. (vf)
November 27, 2023 Filing 9 ELECTRONIC SUMMONS ISSUED as to Chancellor David Banks. (vf)
November 27, 2023 Filing 8 ELECTRONIC SUMMONS ISSUED as to The Board of Education of the City School District of the City of New York. (vf)
November 27, 2023 Filing 7 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (vf)
November 27, 2023 Magistrate Judge Jennifer Willis 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)
November 27, 2023 Case Designated ECF. (vf)
November 27, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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)
November 22, 2023 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by E.E.(on behalf of herself), E.E.(on behalf of her minor child I.A.)..(McCormack-Herbert, Erin)
November 22, 2023 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Chancellor David Banks, in his official capacity, re: #1 Complaint,. Document filed by E.E.(on behalf of herself), E.E.(on behalf of her minor child I.A.)..(McCormack-Herbert, Erin)
November 22, 2023 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to The Board of Education of the City School District of the City of New York, re: #1 Complaint,. Document filed by E.E.(on behalf of herself), E.E.(on behalf of her minor child I.A.)..(McCormack-Herbert, Erin)
November 22, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by E.E.(on behalf of herself), E.E.(on behalf of her minor child I.A.)..(McCormack-Herbert, Erin)
November 22, 2023 Filing 2 CIVIL COVER SHEET filed..(McCormack-Herbert, Erin)
November 22, 2023 Filing 1 COMPLAINT against Chancellor David Banks, New York City Department of Education, The Board of Education of the City School District of the City of New York, The City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-28608841)Document filed by E.E.(on behalf of herself), E.E.(on behalf of her minor child I.A.). (Attachments: #1 Exhibit Exhibit A - Due Process Complaint).(McCormack-Herbert, Erin)

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Plaintiff: E.E.
Represented By: Erin McCormack-Herbert
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Defendant: New York City Department of Education
Represented By: David Sumner Thayer
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Defendant: The Board of Education of the City School District of the City of New York
Represented By: David Sumner Thayer
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Defendant: Chancellor David Banks
Represented By: David Sumner Thayer
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Defendant: The City of New York
Represented By: David Sumner Thayer
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