E.K. et al v. New York City Department of Education
Plaintiff: E.K.
Defendant: New York City Department of Education
Case Number: 1:2023cv11276
Filed: December 29, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. ยง 1415 IDEA: Challenge decision re education for handicapped
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2024 Filing 9 NOTICE OF APPEARANCE by Jason William Imbiano on behalf of New York City Department of Education..(Imbiano, Jason)
January 31, 2024 Opinion or Order Filing 8 ORDER granting in part and denying in part #7 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time to File Answer and to Adjourn Conference addressed to Judge Lorna G. Schofield from Mark G. Toews dated January 26, 2024., #1 Complaint. Application GRANTED in part. Defendant shall respond to the Complaint by March 8, 2024. The IPTC scheduled for February 14, 2024, is CANCELLED. The parties shall brief the anticipated cross-motion for summary judgment as follows: - By April 10, 2024, the Government shall file its motion for summary judgment, with a memorandum of law not to exceed 25 pages. - By May 1, 2024, Plaintiff shall file its opposition and cross-motion for summary judgment, not to exceed 40 pages. - By May 22, 2024, the Government shall file its reply and opposition to Plaintiff's cross-motion for summary judgment, not to exceed 25 pages. - By June 4, 2024, Plaintiff shall file its reply in support of its cross-motion, not to exceed 10 pages. Notwithstanding the aforementioned page allocation, the parties may reallocate the page numbers as they deem appropriate, so long as neither party exceeds 50 pages of briefing in total. The parties shall otherwise comply with the Court's Individual Rules in filing their motions and supporting papers. The parties shall Bates-stamp the administrative record such that each page has a unique Bates number. In lieu of separate Local Rule 56.1 statements, the parties shall file a joint statement of undisputed facts ("Joint Statement"), with citations to the Bates-stamped record, by the time that the first brief is due. The parties shall indicate any disputed facts clearly in the Joint Statement. The requirement to submit Rule 56.1 statements is WAIVED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 7. (Signed by Judge Lorna G. Schofield on 1/31/2024) (rro)
January 31, 2024 Set/Reset Deadlines: New York City Department of Education answer due 3/8/2024.( Cross Motions due by 5/1/2024., Motions due by 4/10/2024., Responses due by 5/22/2024, Replies due by 6/4/2024.), (rro)
January 26, 2024 Filing 7 FIRST LETTER MOTION for Extension of Time to File Answer and to Adjourn Conference addressed to Judge Lorna G. Schofield from Mark G. Toews dated January 26, 2024. Document filed by New York City Department of Education..(Toews, Mark)
January 8, 2024 Opinion or Order Filing 6 ORDER: Initial Conference set for 2/14/2024 at 04:10 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. (Signed by Judge Lorna G. Schofield on 1/8/2024) (vfr)
January 2, 2024 Filing 5 AFFIDAVIT OF SERVICE. New York City Department of Education served on 1/2/2024, answer due 1/23/2024. Service was made by email. Document filed by E.K.(individually); E.K.(on behalf of her minor child, J.A.K.)..(Alizio, Steven)
January 2, 2024 Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(gp)
January 2, 2024 Case Designated ECF. (gp)
January 2, 2024 Magistrate Judge Barbara C. Moses 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)
January 2, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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)
December 29, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by E.K.(on behalf of her minor child, J.A.K.), E.K.(individually)..(Alizio, Steven)
December 29, 2023 Filing 2 CIVIL COVER SHEET filed..(Alizio, Steven)
December 29, 2023 Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 405.00, Receipt Number ANYSDC-28749531)Document filed by E.K.(individually), E.K.(on behalf of her minor child, J.A.K.)..(Alizio, Steven)

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Plaintiff: E.K.
Represented By: Steven J. Alizio
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Defendant: New York City Department of Education
Represented By: Jason William Imbiano
Represented By: Mark Galen Toews
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