T.S. v. New York City Department of Education
| T.S. o/b/o H.T.S. and T.S. |
| NEW YORK CITY DEPARTMENT OF EDUCATION, David Banks and New York City Board Of Education |
| 1:2024cv00765 |
| February 2, 2024 |
| US District Court for the Southern District of New York |
| James L Cott |
| Jesse M Furman |
| Civil Rights: Education |
| 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title) |
| None |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 JOINT LETTER addressed to Judge Jesse M. Furman from Marina Moraru dated March 26, 2024 re: ECF# 11 Order. Document filed by New York City Department of Education..(Moraru, Marina) |
| Filing 22 LETTER addressed to Magistrate Judge James L. Cott from Marina Moraru dated March 26, 2024 re: ECF# 11 Order. Document filed by New York City Department of Education..(Moraru, Marina) |
| Filing 21 NOTICE OF APPEARANCE by Katherine M Groot on behalf of T.S...(Groot, Katherine) |
Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer re #19 FIRST LETTER MOTION for Extension of Time to File Answer on consent from Marina Moraru dated March 13, 2024. The time to respond to the amended complaint is hereby extended to June 18, 2024, on consent, with a joint status letter due that same date advising the Court of the status of settlement negotiations. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 19 FIRST LETTER MOTION for Extension of Time to File Answer on consent from Marina Moraru dated March 13, 2024. Document filed by New York City Department of Education..(Moraru, Marina) |
| Filing 18 NOTICE OF APPEARANCE by Marina Moraru on behalf of New York City Department of Education..(Moraru, Marina) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (vf) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #15 Amended Complaint. Document filed by T.S...(Horwitz, Susan) |
| Filing 15 FIRST AMENDED COMPLAINT amending #13 Complaint against New York City Department of Education.Document filed by T.S.. Related document: #13 Complaint..(Horwitz, Susan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Joy Horwitz to RE-FILE Document No. #14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Docket Entry Error. Enter the party name as to whom summon is issued for when prompted in ECF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 14 FILING ERROR - DEFICIENT- SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, New York City Board of education, and David Banks, in his official capacity as Chancellor of the New York City Department of Education, re: #13 Complaint. Document filed by T.S...(Horwitz, Susan) Modified on 2/8/2024 (vf). |
| Filing 13 COMPLAINT against David Banks, New York City Board Of Education, New York City Department of Education. Document filed by T.S...(Horwitz, Susan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Susan Joy Horwitz to RE-FILE Document No. #9 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. 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. (gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Joy Horwitz to RE-FILE Document No. 6 REQUEST FOR ISSUANCE OF SUMMONS. The filing is deficient for the following reason(s): The summons requested was linked to a deficient pleading. Please refile the request for once the pleading has been corrected. (gp) |
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Filing 12
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 James L. Cott. (Signed by Judge Jesse M. Furman on 2/5/2024) (jca)
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Filing 11
ORDER In this case, Plaintiff seeks attorney's fees in connection with claims brought 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 on which Defendant enters an appearance, 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, Plaintiff shall, within two weeks of the date on which Defendant enters an appearance, either mail or email to Furman_NYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://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 Jesse M. Furman on 2/5/2024) (jca)
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Filing 10
ORDER Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. The Clerk of Court is directed to terminate ECF No. 3.SO ORDERED. (Signed by Judge Jesse M. Furman on 2/5/2024) (jca)
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| Filing 9 FILING ERROR - DEFICIENT PLEADING FILED AGAINST PARTY ERROR COMPLAINT against David C Banks, New York City Board Of Education. Document filed by T.S...(Horwitz, Susan) Modified on 2/6/2024 (gp). |
| Filing 8 CIVIL COVER SHEET filed..(Horwitz, Susan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alla Reznik to RE-FILE re: Document No. #2 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; not all the party/parties whom the pleading is against were selected. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alla Reznik. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION, T.S. o/b/o H.T.S.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alla Reznik to Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge James L. Cott 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 7 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by T.S. o/b/o H.T.S...(Horwitz, Susan) |
| Filing 6 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by T.S. o/b/o H.T.S...(Horwitz, Susan) Modified on 2/6/2024 (gp). |
| Filing 5 NOTICE OF APPEARANCE by Susan Joy Horwitz on behalf of T.S. o/b/o H.T.S...(Horwitz, Susan) |
| Filing 4 NOTICE OF APPEARANCE by Alla Reznik on behalf of T.S. o/b/o H.T.S...(Reznik, Alla) |
| Filing 3 FIRST MOTION for Leave to Proceed In Forma Pauperis . Document filed by T.S. o/b/o H.T.S...(Reznik, Alla) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. Document filed by T.S. o/b/o H.T.S...(Reznik, Alla) Modified on 2/5/2024 (vf). |
| Filing 1 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - COMPLAINT against NEW YORK CITY DEPARTMENT OF EDUCATION. Document filed by T.S. o/b/o H.T.S...(Reznik, Alla) Modified on 2/5/2024 (vf). |
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