D.M. et al v. New York City Department of Education
Plaintiff: D.M. and N.M.
Defendant: New York City Department of Education
Case Number: 1:2024cv01587
Filed: March 1, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Referring Judge: Ona T Wang
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 March 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2024 Opinion or Order Filing 12 MEMO ENDORSEMENT on re: #11 Letter filed by New York City Department of Education. ENDORSEMENT: Application GRANTED. SO ORDERED. New York City Department of Education answer due 6/25/2024. (Signed by Magistrate Judge Ona T. Wang on 3/13/2024) (mml)
March 12, 2024 Filing 11 FIRST LETTER addressed to Judge Jesse M. Furman from Joseph V. Martino dated March 12, 2024 re: 636 (C) Letter. Document filed by New York City Department of Education..(Martino, Joseph)
March 12, 2024 Filing 10 FIRST LETTER addressed to Magistrate Judge Ona T. Wang from Joseph V. Martino dated March 12, 2024 re: 90-day extension request on consent. Document filed by New York City Department of Education..(Martino, Joseph)
March 8, 2024 Filing 9 NOTICE OF APPEARANCE by Joseph V. Martino on behalf of New York City Department of Education..(Martino, Joseph)
March 5, 2024 Opinion or Order Filing 8 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 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, Plaintiffs 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 3/5/2024) (jca)
March 5, 2024 Opinion or Order Filing 7 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 Ona T. Wang. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/5/2024) (jca)
March 4, 2024 Filing 6 AFFIDAVIT OF SERVICE of Summons served on New York City Department of Education on 3/4/24. Service was made by E-MAIL. Document filed by D.M.(individually), D.M.(on behalf of D.M.), N.M.(on behalf of D.M.), N.M.(individually)..(Dayan, Adam)
March 4, 2024 Filing 5 ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(pc)
March 4, 2024 Magistrate Judge Ona T. Wang 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)
March 4, 2024 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..(pc)
March 4, 2024 Case Designated ECF. (pc)
March 1, 2024 Filing 4 CIVIL COVER SHEET filed..(Dayan, Adam)
March 1, 2024 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by D.M.(individually), D.M.(on behalf of D.M.), N.M.(on behalf of D.M.), N.M.(individually)..(Dayan, Adam)
March 1, 2024 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint. Document filed by D.M.(individually), D.M.(on behalf of D.M.), N.M.(on behalf of D.M.), N.M.(individually)..(Dayan, Adam)
March 1, 2024 Filing 1 COMPLAINT against New York City Department of Education. (Filing Fee $ 405.00, Receipt Number ANYSDC-29020433)Document filed by N.M.(on behalf of D.M.), D.M.(individually), N.M.(individually), D.M.(on behalf of D.M.)..(Dayan, Adam)

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Plaintiff: D.M.
Represented By: Adam Dayan
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Plaintiff: N.M.
Represented By: Adam Dayan
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Defendant: New York City Department of Education
Represented By: Joseph V. Martino
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