Case: L.V. v. Department of Education

Advocates for Children of New York

COMPLAINT against Joel Klein, New York City Board of Education, New York City Department of Education. (Filing Fee $ 150.00, Receipt Number 494291)Document filed by AD, LO, LV, NA, RC, VSG, YG.(cd, ) (Entered: 12/23/2003)

SUMMONS ISSUED as to Joel Klein, New York City Board of Education, New York City Department of Education. (cd, )

CASE REFERRED TO Judge John G. Koeltl as possibly similar to 1:03-cv-8519. (cd, )

ENDORSED LETTER addressed to Judge John G. Koeltl from Emily Sweet dated 1/5/04. Application granted. Defendants' time to respond to the Complaint is extended to 1/22/04. (Signed by Judge John G. Koeltl on 1/5/04) (sac, ) (Entered: 01/16/2004)

Set Answer Due Date purs. to 2 Endorsed Letter as to Joel Klein answer due on 1/22/2004; New York City Board of Education answer due on 1/22/2004; New York City Department of Education answer due on 1/22/2004. (sac, )

CASE DECLINED AS NOT SIMILAR. Case referred as similar to 1:03-cv-8519 and declined by Judge John G. Koeltl and returned to wheel for assignment. (gf, )

NOTICE OF CASE ASSIGNMENT to Judge Richard J. Holwell. Judge Unassigned no longer assigned to the case. (gf, ) (Entered: 01/20/2004)

Magistrate Judge Kevin N. Fox is so designated. (gf, )

FIRST AMENDED COMPLAINT amending 1 Complaint against Joel Klein, New York City Board of Education, New York City Department of Education.Document filed by AD, LO, LV, NA, RC, VSG, YG. Related document: 1 Complaint filed by AD, LV, VSG, RC, NA, YG, LO.(tp, ) Modified on 1/20/2004 (tp, ). (Entered: 01/20/2004)

Set Answer Due Date re: 4 Amended Complaint, as to Joel Klein answer due on 1/26/2004; New York City Board of Education answer due on 1/26/2004; New York City Department of Education answer due on 1/26/2004. (tp, )

CERTIFICATE OF SERVICE of MEMO ENDORSED LETTER DATED JANUARY 28, 2004 served on ELISA AYMAN, ESQ. and SONAL PATEL, ESQ. on 1/28/04. Service was made by FAX. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (rw, ) (Entered: 02/04/2004)

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 1/28/2004 re: Defendants request that the time for the defendants to answer the complaint be extended to 2/9/2004. The application is granted.. (Signed by Judge Richard J. Holwell on 1/28/2004) (jsa, ) (Entered: 02/04/2004)

Set Answer Due Date purs. to 6 Endorsed Letter, as to Joel Klein answer due on 2/9/2004; New York City Board of Education answer due on 2/9/2004; New York City Department of Education answer due on 2/9/2004. (jsa, )

MOTION to Certify Class of all persons who, now and in the future, obtain a favorable order or stip of settlement through an impartial due process hearing relating to a childs idenification, evaluation, educational placement or the provision of a free appropriate public education.. (NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. Return Date set for 3/4/2004 before Richard J. Holwell. (pa, ) (Entered: 02/10/2004)

DECLARATION of Matthew Lenaghan in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

DECLARATION of Kim Sweet in Support re: 7 MOTION to Certify Class..(NDB) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

DECLARATION of Michael D. Hampden in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

DECLARATION of Irene Hwang in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

DECLARATION of Elisa Hyman in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

MEMORANDUM OF LAW in Support re: 7 MOTION to Certify Class. (NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

ANSWER to Amended Complaint with JURY DEMAND. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. Related document: 4 Amended Complaint, filed by AD, LV, VSG, RC, NA, YG, LO.(gmo, ) (Entered: 02/11/2004)

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 3/26/2004 02:00 PM before Richard J. Holwell. (Signed by Judge Richard J. Holwell on 2/17/2004) (jsa, ) (Entered: 02/23/2004)

Set Deadlines/Hearings: Initial Conference set for 3/26/2004 02:00 PM before Richard J. Holwell. (jsa, )

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 2/20/2004 re: extension of time to file response to plaintiff's motion for class certification. The request is granted. Defendant's time to respond is extended to 3/3/2004. (Signed by Judge Richard J. Holwell on 2/20/2004) (jsa, ) (Entered: 02/24/2004)

Set/Reset Deadlines: Responses due by 3/3/2004 (jsa, )

MEMORANDUM OF LAW in Opposition re: 7 MOTION to Certify Class and IN SUPPORT OF DEFENDANT'S CROSS-MOTION TO DISMISS THE CLAIMS ASSERTED BY HR. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (laq, ) (Entered: 03/09/2004)

CROSS-MOTION, for an Order, pursuant to FRCP 12(c), dismissing the claims asserted in this action by plaintiff HR on the ground that plaintiff HR lacks standing. Declaration of John Cahalin along with Exhibits are attached. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (tp, ) (Entered: 03/11/2004)

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 3/3/2004 re: extension of time until 3/5/2004 to respond to plaintiff's motion for class certification. The application is granted. (Signed by Judge Richard J. Holwell on 3/8/2004) (jsa, ) (Entered: 03/11/2004)

Set Deadlines/Hearings: Responses due by 3/5/2004 (jsa, )

MEMORANDUM OF LAW in Opposition To Defendants' Motion To Dismiss And In Further Support Of Plaintiffs' Motion For Class Certification. Document filed by AD, LO, LV, NA, RC, VSG, YG. (jmi, ) (Entered: 03/22/2004)

DECLARATION of Sonal Y. Patel, ESQ. in Opposition To Defendants' Motion To Dismiss And In Further Support Of Plaintiffs' Motion For Class Certification. Document filed by AD, LO, LV, NA, RC, VSG, YG. (jmi, ) (Entered: 03/22/2004)

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 03/23/04 re: Granting counsel's request for a one-day extension of time for the parties to submit their joint scheduling report; (Signed by Judge Richard J. Holwell on 3/23/04) (djc, ) (Entered: 03/26/2004)

NOTICE OF MOTION to Intervene..permitting CW. SS. MG. ST. RZ. JP. and MC to intervene in this action and granting pltffs motion to amend the first amended complt..(nite dep. box) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

MEMORANDUM OF LAW in Support re: 23 MOTION to Intervene..(nite dep. box) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

MEMORANDUM OF LAW in Support of a TRO and Preliminary Injunction on behalf of CW, SS and RLB (nite dep. box). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

DECLARATION of Sonal Y. Patel in Support re: 23 MOTION to Intervene..(nite dep. box) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

Minute Entry for proceedings held before Judge Richard J. Holwell : Telephone Conference held on 3/30/2004. (pl, )

MEMORANDUM TO THE DOCKET CLERK: both parties appeared in the Court of USDJ Holwell. For case summary and oral argument. The Court reserves decision and a hearing is scheduled for 4/14/04 at 10:30 a.m. (db, )

Set Deadlines/Hearings: Oral Argument set for 4/14/2004 10:30 AM before Richard J. Holwell. (db, )

AMENDED MEMORANDUM OF LAW in Opposition to Plaintiffs' Applicatin for a Temporary Restraining Order and Preliminary Injunction on Behalf of CW, SS and RLB.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (djc, ) (Entered: 04/05/2004)

DECLARATION of Linda Wernikoff in Oppositionto Plaintiff's Motion for a TRO. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (djc, ) (Entered: 04/05/2004)

DECLARATION of Emily Sweet in Opposition to Plaintiffs' Motion for a Temporary Restraining order. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (djc, ) (Entered: 04/05/2004)

DECLARATION of Janice L. Birnbaum of personal facts.. Document filed by New York City Department of Education. (djc, ) (Entered: 04/05/2004)

DECLARATION of CW in Support of motion for a temporary restraining order and preliminary injunction. Document filed by CW. (yv, ) (Entered: 04/08/2004)

MEMORANDUM TO THE DOCKET CLERK: that a telephone conference was held on 3/30/04 before Judge Richard J. Howell. (pl, ) (Entered: 04/06/2004)

Letter addressed to Judge Richard J. Holwell from Randee Waldman, Esq. dated 4/2/04 re: plaintiff letter brief in support of motion for TRO. Document filed by AD, LO, LV, NA, RC, VSG, YG.(kw, ) (Entered: 04/08/2004)

ENDORSED LETTER addressed to Judge Richard J. Holwell from Elisa Hyman, Esq. dated 4/12/04. Granting parties' request that the hearing for preliminary injunction scheduled for 4/14/04 be adjourned for two weeks. (Signed by Judge Richard J. Holwell on 4/12/04) (kw, ) (Entered: 04/16/2004)

CERTIFICATE OF SERVICE of Order adjourning the preliminary injunction hearing served on New York City Department of Education,New York City Board of Education and Chancellor Joel Klein on 4/14/04. Service was made by facsimile. Document filed by AD, LO, LV, NA, RC, VSG, YG. (yv, ) (Entered: 04/16/2004)

ORDER;that a conference will be held on the issue of plaintiff?s request for expedited discovery on Thursday, 4/22/04, @2:30 p.m. in Courtroom 17B. (Signed by Judge Richard J. Holwell on 4/16/04) (pl, ) (Entered: 04/21/2004)

STIPULATION AND ORDER that dfts do not oppose plaintiffs' application for leave to file and serve their second amended complaint which was annexed as an exhibit to plaintiffs' and proposed intervenors' motion to intervene and amend the complaint; dfts reserve all defenses to the second amended complaint and their rights to move against the second amended complaint. (Signed by Judge Richard J. Holwell on 4/19/04) (dle, ) (Entered: 04/21/2004)

MEMORANDUM TO THE DOCKET CLERK: Conference held. Both parties to exchange discovery material and inform the Court of any motions that arise. Next PTC set for 5/4/04 at 2:00 p.m. (yv, ) (Entered: 04/26/2004)

Set/Reset Hearings: Pretrial Conference set for 5/4/2004 at 02:00 PM before Richard J. Holwell. (yv, )

TRANSCRIPT of proceedings held on 3/31/2004 before Judge Richard J. Holwell.(jmi, ) (Entered: 04/26/2004)

DECLARATION of Sally Mckay in Support re: 18 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (jmi, ) (Entered: 05/06/2004)

MOTION to Dismiss. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. Return Date set for 5/27/2004 09:30 AM. (jmi, ) (Entered: 05/06/2004)

DECLARATION of John Cahalin in Support re: 41 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (jmi, ) (Entered: 05/06/2004)

DEFENDANTS' MEMORANDUM OF LAW in Support Of Their Partial Motion To Dismiss The Second Amended Complaint. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (jmi, ) (Entered: 05/06/2004)

ENDORSED LETTER addressed to Judge Richard Holwell from Emily sweet dated 5/4/04 re: granting dfts request for a brief extension of the scheduled conference; the conference is hereby adjourned to Friday, 5/7/04 @3:30 p.m.. (Signed by Judge Richard J. Holwell on 54/04) (pl, ) (Entered: 05/10/2004)

Set/Reset Scheduling Order Deadlines: Pretrial Conference reset for 5/7/2004 03:30 PM before Richard J. Holwell. (pl, )

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 5/7/2004. (kw, )

Set Deadlines/Hearings: Pretrial Conference set for 5/27/2004 03:30 PM before Richard J. Holwell. (kw, )

MEMORANDUM TO THE DOCKET CLERK: for proceedings held before Judge Richard J. Holwell : Status Conference held on 5/7/2004. Discovery in progress on section of students in test locations. At next conference defendants to report to the Court on their findings. Next PTC set for 5/27/04 at 3:30 p.m. (kw, )

ORDER; that the Second Amended Complaint shall be and hereby is deemed served as of 4/15/04 and filed as of 4/16/04. (Signed by Judge Richard J. Holwell on 5/12/04) (pl, ) (Entered: 05/14/2004)

SECOND AMENDED COMPLAINT amending 4 Amended Complaint, against Joel Klein, New York City Board of Education, New York City Department of Education.Document filed by AD, LO, LV, NA, RC, VSG, YG. Related document: 4 Amended Complaint, filed by AD, LV, VSG, RC, NA, YG, LO.(jco, ) (Entered: 05/19/2004)

MEMORANDUM OF LAW in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)

DECLARATION of Matthew Lenaghan, Esq in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)

DECLARATION of Karen Smith in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 5/27/2004. Discovery issues discussed. Next PTC set for 6/23/04 at 2:30 p.m. (jco, )

SUPPLEMENTAL DECLARATION of John Cahalin in Support re: 41 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (dle, ) (Entered: 06/07/2004)

REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (dle, ) (Entered: 06/07/2004)

NOTICE of Appearance by Joseph S. Genova, Jeffrey Lance Nagel on behalf of AD, LO, LV, NA, RC, VSG, YG (jp, ) (Entered: 06/15/2004)

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 6/23/2004. Pretrial Conference set for 7/21/2004 at 2:00 PM before Richard J. Holwell. (sac, )

ORDER; a conference shall be held before Judge Holwell on July 21, 2004, at 2:00 p.m. at which the parties will advise the Court on the status of settlement discussions and discovery. (Signed by Judge Richard J. Holwell on 06/23/04) (djc, ) (Entered: 06/30/2004)

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). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Richard J. Holwell on 6/23/04) (ae, ) (Entered: 07/13/2004)

MEMORANDUM TO THE DOCKET CLERK: Status conference held on 7/21/2004. (jp, ) (Entered: 07/22/2004)

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 7/21/2004. (jp, )

Minute Entry for proceedings held before Judge Richard J. Holwell : Interim Pretrial Conference held on 8/11/2004. Settlement discussions ongoing. Next Pretrial Conference set for 9/10/2004 12:00 PM before Richard J. Holwell. (ja, )

Minute Entry for proceedings held before Judge Richard J. Holwell : Interim Pretrial Conference held on 9/10/2004. Parties are in settlement discussions; The parties will report on discussions on next conference. Next PTC set for 9/28/04 at 2:30 p.m. (jco, )

ORDER The parties shall take the following actions as directed by the Court at a 09/10/24 pretrial conference; Parties shall report to the court on 09/28/04 at 2:30 p.m regarding the status of settlement discussions. Withdrawing without prejudice re: 7 MOTION to Certify Class ; and shall re-file to include the claims of proposed intervenors CW, SS, MG MS, ST, RZ, JP and MC, whose motion to intervene is granted. The parties shall confer and propose to the Court on 09/28/04 a schedule for the expeditious completion of any necessary discovery and briefing of a re-filed motion for class certification. docmt filed by AD, LV, VSG, RC, NA, YG, LO (Signed by Judge Richard J. Holwell on 09/14/04); copies faxed by chambers (djc, ) (Entered: 09/20/2004)

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 9/28/2004. Settlement discussion ongoing; briefing schedule on plaintiff's class action motion set; parties to submit revised case management schedule. O/A hearing set for 12/7/04 at 5:00 p.m. (jco, )

SCHEDULING ORDER:Plaintiff's opening brief for the motion for clas certification shall be served and filed by 10/22/2004. Dft's Responses due by 11/17/2004. Replies due by 11/24/2004. Additional discovery deadlines are as set forth in this Order. (Signed by Judge Richard J. Holwell on 9/28/04); Copies Faxed By Chambers (pl, ) (Entered: 10/07/2004)

ENDORSED LETTER addressed to Judge Richard J. Holwell from Sarah Hechtman dated 10/5/04 re: the parties request an etension of time until Tuesday, 10/19 to jointly submit a proposed case management schedule. Application granted. (Signed by Judge Richard J. Holwell on Sarah Hechtman) Copies Faxed By Chambers.(sac, ) (Entered: 10/13/2004)

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 10/19/2004 re: plaintiff's motion papers for class certification to be served by 10/22/2004 ; 11/17/2004 defendants opposition papers to be served 11/24/2004 plaintiff's reply papers to be served; December Hearing date to be set: 4/30/2005 plaintiff to identify experts, 5/31/2005 defendants to identify experts 7/15/2005 notices to admit be served 11/30/2005 dispositive motions to be served 1/2006 pretrial motions to be served ; January/February 2006 trial. So ordered. (Signed by Judge Richard J. Holwell on 10/22/2004) Copy faxerd to plaintiff's counsel by chambers.(jsa, ) (Entered: 10/26/2004)

Set Deadlines/Hearings: Admissions due by 7/15/2005. Expert Witness List due by 5/31/2005. Dispositive Motions due by 11/30/2005. Ready for Trial by 1/2/2006. (jsa, )

MOTION to Certify Class of all persons who have obtained, or will in the future obtain, for the benefit of a child with a disability, a favorable order by an IHO against, or stipulation of settlement placed on the record at an impartial due process hearing with, the NYC Dept. of Education, or who are children with disabilities who are the beneficiaries of such an order or stipulation of settlement and who fail to obtain, or who are at rick of failing to obtain, full and timely implementation of such order or settlement. DECLARATIONS OF Randee J. Waldman, Jeffrey L. Nagel, Matthew Lenaghan and Elisa Hyman attached. Document filed by AD, LO, LV, NA, RC, VSG, YG. (ps, ) (Entered: 10/27/2004)

MEMORANDUM OF LAW in Support of Plaintiffs' re: 60 MOTION to Certify Class. Document filed by AD, LO, LV, NA, RC, VSG, YG. (ps, ) (Entered: 10/27/2004)

MEMORANDUM OF LAW in Opposition re: 60 MOTION to Certify Class. Declaration of Service Included. Document filed by New York City Department of Education. (Sweet, Emily) (Entered: 11/18/2004)

ENDORSED LETTER addressed to Judge Richard H. Holwell from Sarah Hechtman dated 11/19/04 re: request that plaintiff's reply brief be extended to 12/10/04. Application GRANTED. The hearing is adjourned to 1/7/05 at 2:00 p.m. (Signed by Judge Richard J. Holwell on 11/22/04) Copies Faxed by Chambers.(db, ) (Entered: 11/30/2004)

Set/Reset Deadlines as to 60 MOTION to Certify Class. Replies due by 12/10/2004. Motion Hearing set for 1/7/2005 at 02:00 PM before Richard J. Holwell. (db, )

ORDER that the pretrial conference scheduled for 1/7/05 at 11:00 a.m. is rescheduled to 1/7/05 at 4:00 p.m. in the courtroom of the Honorable Richard J. Holwell, Courtroom 17B, 500 Pearl Street. (Signed by Judge Richard J. Holwell on 12/2/04) Copies faxed by chambers.(dle, ) Modified on 12/14/2004 (kg, ). (Entered: 12/13/2004)

Set/Reset Hearings: Pretrial Conference set for 1/7/2005 04:00 PM before Richard J. Holwell. (dle, )

REPLY MEMORANDUM OF LAW in Support of re: 60 MOTION to Certify Class. Document filed by AD, LO, LV, NA, RC, VSG, YG. (kw, ) (Entered: 12/15/2004)

Declaration of Elisa Hyman, Esq. in Support re: 60 MOTION to Certify Class. Document filed by AD, LO, LV, NA, RC, VSG, YG. (kw, ) (Entered: 12/15/2004)

ORDER denying 41 Motion to Dismiss, denying 18 Motion to Dismiss for the reasons stated on the record on 1/6/05. Parties are directed to submit a jointly proposed, revised case management schedule by 1/21/05.. (Signed by Judge Richard J. Holwell on 1/7/05) Copies faxed by chambers.(dle, ) (Entered: 01/13/2005)

TRANSCRIPT of proceedings held on 1/6/05 before Judge Richard J. Holwell.(Martin, Leslie) (Entered: 01/26/2005)

ENDORSED LETTER addressed to Judge Richard Holwell from Sarah B. Hechtman dated 1/20/05 re: granting the parties jointly - proposed schedule; deadline for completion of fact discovery, including interrogatories, requests for production of documents and depositions of fact witness; dispositive motions to be served by 2/28/06; pretrial motions to be served by April 2006. Additional deadlines are as set forth in this endorsed letter. (Signed by Judge Richard J. Holwell on 1/20/05); (Copies faxed by chambers). (pl, ) (Entered: 02/08/2005)

TRANSCRIPT of proceedings held on 1/6/05 before Judge Richard J. Holwell. (kj, ) (Entered: 02/05/2005)

Minute Entry for proceedings held before Judge Richard J. Holwell : Telephone Conference held on 3/7/2005. Defendant to submit proposed schedule for production of documents relating to implementation of orders by 3/14/05. Plaintiff's response, if any due by 3/16/05. Next Tele. conf. set for 3/17/05 at 11:00 a.m. Holwell, J. USDJ (ll, )

Minute Entry for proceedings held before Judge Richard J. Holwell : Telephone Conference held on 3/28/2005. Parties to submit letters to the Court on sampling proposal. (cd, )

LETTER addressed to Judge Richard Holwell from Elisa Hyman dated 4/6/05 re: in response to defendants' 4/1/05 submission. Document filed by AD, NA, YG, LO, LV, VSG, RC.(kw, ) (Entered: 04/21/2005)