J.S. v. New York City Department of Education
| J.S., J.S. on behalf of her child M.S., a minor and J.S. on behalf of her child R.S., a minor |
| New York City Department of Education |
| 1:2024cv01508 |
| February 28, 2024 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Robyn F Tarnofsky |
| Civil Rights: Other |
| 20 U.S.C. § 1415 IDEA: Challenge decision re education for handicapped |
| None |
Docket Report
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Filing 19
ORDER granting #15 Letter Motion for Leave to File Document. Plaintiffs' request is GRANTED. Plaintiffs shall file an amended complaint, if necessary, by April 30, 2024 without prejudice to seek an additional extension. Plaintiffs' time to produce their settlement demand with billing records is adjourned sine die. Defendants' response to the operative Complaint remains due on June 26, 2024. The Clerk of Court is respectfully directed to terminate ECF 15. (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/8/2024) (ate)
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| Filing 18 Minute Entry for proceedings held before Magistrate Judge Robyn F. Tarnofsky: Telephone Conference held on 4/8/2024. (ah) |
| Set/Reset Deadlines: Amended Pleadings due by 4/30/2024. (ate) |
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Filing 17
TELEPHONE CONFERENCE ORDER This action is scheduled for a Telephone Conference on Monday, April 8, 2024, at 11:30 AM, at which time the parties should be prepared to discuss ECF 15. Counsel are directed to join the conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code: 693 520 805#. If counsel are not available at this date and time, please jointly confer and email four dates of availability to TarnofskyNYSDChambers@nysd.uscourts.gov within 48 hours of this order. SO ORDERED. (Telephone Conference set for 4/8/2024 at 11:30 AM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/3/2024) (jca)
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| Filing 16 LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Vivian Rivera Drohan dated April 3, 2024 re: Response to Plaintiff's Letter Motion for Leave to File Amended Complaint. Document filed by New York City Department of Education..(Drohan, Vivian) |
| Filing 15 LETTER MOTION for Leave to File Amended Complaint and to adjourn the plaintiffs time to produce their settlement demand with billing records to defendant addressed to Magistrate Judge Robyn F. Tarnofsky from Irina Roller dated April 1, 2024. Document filed by J.S., J.S. on behalf of her child M.S., a minor, J.S. on behalf of her child R.S., a minor. (Attachments: #1 Exhibit 1: L.V. Notice dated December 13, 2022, #2 Exhibit 2: Order on Pendency dated January 21, 2021, #3 Exhibit 3: Order on Pendency Corrected dated February 21, 2021, #4 Exhibit 4: Findings of Fact and Decision dated March 1, 2021).(Roller, Irina) |
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by New York City Department of Education ENDORSEMENT The parties' application is GRANTED. The parties shall file a joint status letter due June 26, 2024, and include a proposed briefing schedule in the event the matter does not settle. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/20/2024) (jca)
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| Filing 13 JOINT LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Vivian Rivera Drohan dated March 19, 2024 re: ECF No. 6 Order. Document filed by New York City Department of Education..(Drohan, Vivian) |
| Filing 12 JOINT LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Vivian Rivera Drohan dated March 19, 2024 re: ECF No. 6 Order. Document filed by New York City Department of Education..(Drohan, Vivian) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer re #10 FIRST LETTER MOTION for Extension of Time to File Answer on consent addressed to Magistrate Judge Robyn F. Tarnofsky from Marina Moraru dated March 13, 2024. Defendant's application is GRANTED. Defendant's deadline to respond to the Complaint is extended until June 26, 2024. The Clerk of the Court is respectfully directed to terminate ECF 10. SO ORDERED. New York City Department of Education answer due 6/26/2024 (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/13/2024) (jca)
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| Filing 10 FIRST LETTER MOTION for Extension of Time to File Answer on consent addressed to Magistrate Judge Robyn F. Tarnofsky from Marina Moraru dated March 13, 2024. Document filed by New York City Department of Education..(Moraru, Marina) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department of Education served on 3/7/2024, answer due 3/28/2024. Service was accepted by serviceecf@law.nyc.gov. Service was made by email. Document filed by J.S.; J.S. on behalf of her child R.S., a minor; J.S. on behalf of her child M.S., a minor..(Roller, Irina) |
| Filing 8 NOTICE OF APPEARANCE by Marina Moraru on behalf of New York City Department of Education..(Moraru, Marina) |
| Filing 7 NOTICE OF APPEARANCE by Vivian Rivera Drohan on behalf of New York City Department of Education..(Drohan, Vivian) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robyn F. Tarnofsky to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (nb) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Barbara C. Moses no longer referred to the case. (nb) |
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Filing 6
ORDER In this case, Plaintiffs seek attorney's 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 3/5/2024) (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 Barbara C. Moses. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/5/2024) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by J.S., J.S. on behalf of her child M.S., a minor, J.S. on behalf of her child R.S., a minor..(Roller, Irina) |
| Filing 2 CIVIL COVER SHEET filed..(Roller, Irina) |
| Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 405.00, Receipt Number ANYSDC-29006127)Document filed by J.S., J.S. on behalf of her child R.S., a minor, J.S. on behalf of her child M.S., a minor..(Roller, Irina) |
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