Case: E.F. v. New York City Department of Education

1:21-cv-00419 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 26, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 26, 2021, this class-action suit was filed against the New York City Department of Education, the City of New York, and the Chancellor of the New York City Department of Education on behalf of a class of nearly 2,000 Staten Island children with disabilities who alleged that they were being taught in segregated and unequal settings in violation of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act (IDEA), a…

On January 26, 2021, this class-action suit was filed against the New York City Department of Education, the City of New York, and the Chancellor of the New York City Department of Education on behalf of a class of nearly 2,000 Staten Island children with disabilities who alleged that they were being taught in segregated and unequal settings in violation of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act (IDEA), and the New York City Human Rights Law. The three named plaintiffs were students with disabilities and the advocacy group Disability Rights New York. The plaintiffs were represented by The Bazelon Center for Mental Health Law, Disability Rights Advocates, Disability Rights New York, and private counsel. The case was assigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy.

The New York City Department of Education maintained and operated an entirely separate school district for students with disabilities known as District 75. Students in District 75 were pulled from Staten Island public schools.

Across the city, 25,000 students with disabilities attended District 75 schools, and 2,000 students with disabilities attended Staten Island District 75 schools. Students attending District 75 schools were taught in settings that were almost entirely segregated by disability, with very little facetime between students with disabilities and students without disabilities. Students with disabilities were funneled into the Staten Island District 75 system in violation of the IDEA's requirement that students be educated in the "least restrictive environment" possible. Additionally, Staten Island District 75 schools lacked many of the amenities that traditional public schools provide to their students like elective courses, extracurricular activities, and sports programs.

The students did not seek monetary damages; instead, they sought injunctive relief in the form of a permanent injunction to stop the defendants from violating the ADA, Section 504 of the Rehabilitation Act, the IDEA, and state law. They also sought to order the defendants to create and implement a remedial plan to ensure that students can learn in the most integrated environment possible.

The case remains open.

Summary Authors

Gabrielle Simeck (2/5/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/42540408/parties/ef-v-the-new-york-city-department-of-education/


Judge(s)

DeArcy Hall, LaShann Moutique (New York)

Levy, Robert M. (New York)

Attorneys(s) for Plaintiff

Baldwin, Peter W (New York)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Crosson, Michael (Pennsylvania)

Feeley, Jennifer (New York)

Hartman, Gerald (Virginia)

Jeppe, Ptahra (New York)

Keegan, Julie Michaels (New York)

Judge(s)

DeArcy Hall, LaShann Moutique (New York)

Levy, Robert M. (New York)

Attorneys(s) for Plaintiff

Baldwin, Peter W (New York)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Crosson, Michael (Pennsylvania)

Feeley, Jennifer (New York)

Hartman, Gerald (Virginia)

Jeppe, Ptahra (New York)

Keegan, Julie Michaels (New York)

Michelen, Lucas (New York)

Seaborn, Stuart (New York)

Seelenfreund, Emily (New York)

Documents in the Clearinghouse

Document

1:21-cv-00419

Docket [Pacer]

Nov. 2, 2021

Nov. 2, 2021

Docket
1

1:21-cv-00419

Class Action Complaint

Jan. 26, 2021

Jan. 26, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/42540408/ef-v-the-new-york-city-department-of-education/

Last updated Aug. 30, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link

Notice to Pay Civil Filing Fee

Jan. 26, 2021

Jan. 26, 2021

PACER
1

COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by L. P., E. F., Disability Rights New York, A. S.. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Rule 7.1 Statement) (Seelenfreund, Emily) (Entered: 01/26/2021)

1

View on RECAP

Jan. 26, 2021

Jan. 26, 2021

RECAP
2

DISCLOSURE of Interested Parties by Disability Rights New York. (Bowens, Priscilla) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER

The case of F. et al v. City of New York et al, has been opened in the Eastern District of New York. The case number is 21cv419. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Bowens, Priscilla)

Jan. 26, 2021

Jan. 26, 2021

PACER

Civil Case Filing Fee

Jan. 27, 2021

Jan. 27, 2021

PACER

CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-14058542 (Jeppe, Ptahra)

Jan. 27, 2021

Jan. 27, 2021

PACER

Case Assigned/Reassigned

Jan. 27, 2021

Jan. 27, 2021

PACER
3

NOTICE of Appearance by Ptahra Jeppe on behalf of All Plaintiffs (aty to be noticed) (Jeppe, Ptahra) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER

Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Jan. 27, 2021

Jan. 27, 2021

PACER
4

Summons Issued as to All Defendants. (Attachments: # 1 City of NY summons, # 2 Carranza summons) (Bowens, Priscilla) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
5

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
6

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER

Case Assigned/Reassigned

Jan. 28, 2021

Jan. 28, 2021

PACER
7

NOTICE of Appearance by Peter William Baldwin on behalf of Disability Rights New York, E. F., L. P., A. S. (aty to be noticed) (Baldwin, Peter) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
8

NOTICE of Appearance by Lucas Michelen on behalf of Disability Rights New York, E. F., L. P., A. S. (aty to be noticed) (Michelen, Lucas) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
9

NOTICE of Appearance by Emily Anne Seelenfreund on behalf of Disability Rights New York, E. F., L. P., A. S. (notification declined or already on case) (Seelenfreund, Emily) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
10

AFFIDAVIT of Service for Summons served on The New York City Department of Education, The City of New York, and Richard Carranza on 01/26/2021, filed by Disability Rights New York, E. F., L. P., A. S.. (Seelenfreund, Emily) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 8, 2021

Feb. 8, 2021

PACER
11

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14110666. by Disability Rights New York, E. F., L. P., A. S.. (Attachments: # 1 Affidavit Affidavit in support of motion, # 2 Exhibit Bossing Certificate of Good Standing New York, # 3 Exhibit Bossing Certificate of Good Standing District of Columbia, # 4 Exhibit Bossing Certificate of Good Standing California) (Bossing, Lewis) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 2/8/2021. (Marino, Janine)

Feb. 8, 2021

Feb. 8, 2021

PACER
12

NOTICE of Appearance by Lewis Bossing on behalf of Disability Rights New York, E. F., L. P., A. S. (notification declined or already on case) (Bossing, Lewis) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 9, 2021

Feb. 9, 2021

PACER
13

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14117767. by Disability Rights New York, E. F., L. P., A. S.. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Seaborn, Stuart) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER

ORDER denying 13 Motion for Leave to Appear Pro Hac Vice with leave to re-file with a signed and notarized affidavit. Ordered by Magistrate Judge Robert M. Levy on 2/9/2021. (Marino, Janine)

Feb. 9, 2021

Feb. 9, 2021

PACER
14

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14118188. by Disability Rights New York, E. F., L. P., A. S.. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Seaborn, Stuart) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
15

MOTION to Appear Pro Hac Vice of Ira Burnim Filing fee $ 150, receipt number ANYEDC-14121739. by Disability Rights New York, E. F., L. P., A. S.. (Attachments: # 1 Affidavit of Ira Burnim with Certificate of Good Standing) (Burnim, Ira) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
16

NOTICE of Appearance by Julie Michaels Keegan on behalf of All Plaintiffs (aty to be noticed) (Keegan, Julie) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
17

STIPULATION of Extension of Time to Answer by Disability Rights New York, E. F., L. P., A. S. (Michelen, Lucas) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
18

Letter MOTION for Extension of Time to File Answer re 1 Complaint, by Richard A. Carranza, City of New York, The New York City Department of Education. (Dantowitz, Jeffrey) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

ORDER granting 14 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 2/17/2021. (Marino, Janine)

Feb. 17, 2021

Feb. 17, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 17, 2021

Feb. 17, 2021

PACER

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 2/17/2021. (Marino, Janine)

Feb. 17, 2021

Feb. 17, 2021

PACER

Order on Motion for Extension of Time to Answer

Feb. 17, 2021

Feb. 17, 2021

PACER

ORDER granting 18 Motion for 90-Day Extension of Time to Answer as to All Defendants. Ordered by Magistrate Judge Robert M. Levy on 2/17/2021. (Marino, Janine)

Feb. 17, 2021

Feb. 17, 2021

PACER
19

NOTICE of Appearance by Ira Abraham Burnim on behalf of All Plaintiffs (notification declined or already on case) (Burnim, Ira) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
20

NOTICE of Appearance by Stuart John Seaborn on behalf of Disability Rights New York, E. F., L. P., A. S. (notification declined or already on case) (Seaborn, Stuart) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
21

NOTICE of Appearance by Janice L. Birnbaum on behalf of All Defendants (aty to be noticed) (Birnbaum, Janice) (Entered: 03/07/2021)

March 7, 2021

March 7, 2021

PACER
22

Letter requesting refund of overpayment by Disability Rights New York, E. F., L. P., A. S. (Attachments: # 1 Exhibit Amex statement, # 2 Exhibit Pay.gov confirmation) (Burnim, Ira) Modified on 3/25/2021 (Marziliano, August). (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
23

ORDER granting 22 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 3/25/2021. (Marziliano, August) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
24

First MOTION to Appear Pro Hac Vice of M. Crosson for Plaintiffs Filing fee $ 150, receipt number ANYEDC-14339164. by E. F.. (Attachments: # 1 Exhibit A: Certificate of Good Standing) (Crosson, Michael) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 5, 2021

April 5, 2021

PACER

ORDER granting 24 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 4/5/2021. (Marino, Janine)

April 5, 2021

April 5, 2021

PACER
25

MOTION to Appear Pro Hac Vice of G. Hartman, for Plaintiffs Filing fee $ 150, receipt number ANYEDC-14443052. by Disability Rights New York, E. F., L. P., A. S.. (Attachments: # 1 Exhibit A: Certificate of Good Standing) (Hartman, Gerald) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
26

NOTICE of Appearance by Lorna Goodman on behalf of The New York City Department of Education (aty to be noticed) (Goodman, Lorna) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 12, 2021

May 12, 2021

PACER
27

Letter by The New York City Department of Education (Goodman, Lorna) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER

ORDER granting 25 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 5/12/2021. (Marino, Janine)

May 12, 2021

May 12, 2021

PACER
28

NOTICE of Appearance by Gerald Hartman on behalf of All Plaintiffs (notification declined or already on case) (Hartman, Gerald) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
29

Letter by Disability Rights New York, E. F., L. P., A. S. (Seelenfreund, Emily) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER

ORDER: Defendant's request 27 for a pre-motion conference on its anticipated motion to dismiss Plaintiff's complaint is GRANTED. The Court will hold a pre-motion conference via telephone conference on July 15, 2021, at 10:30 a.m. The parties are directed to call chambers on July 15, 2021, at 10:30 a.m. using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Ordered by Judge LaShann DeArcy Hall on 6/1/2021. (Williams, Erica)

June 1, 2021

June 1, 2021

PACER

Set Hearings

June 1, 2021

June 1, 2021

PACER

~Util - Set Hearings

June 1, 2021

June 1, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 28, 2021

June 28, 2021

PACER
30

First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14604849. by Disability Rights New York, E. F., L. P., A. S.. (Lattimore, William) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER

ORDER granting 30 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 6/28/2021. (Marino, Janine)

June 28, 2021

June 28, 2021

PACER
31

NOTICE of Appearance by William Joshua Lattimore on behalf of All Plaintiffs (notification declined or already on case) (Lattimore, William) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
32

NOTICE of Appearance by Jennifer Helen Feeley on behalf of All Plaintiffs (aty to be noticed) (Feeley, Jennifer) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER

MINUTE ENTRY AND ORDER: A pre-motion conference was held before Judge DeArcy Hall on July 15, 2021. Lorna Goodman appeared on behalf of Defendants. Emily Seelenfreund appeared on behalf of Plaintiffs. At the conference, and in contravention this Courts rules, Defendants sought to raise argument not previously set forth in its pre-motion conference letter. The Defendants are directed to file a supplemented pre-motion conference letter, on or before July 16, 2021, in strict compliance with this Court's Individual Rules. Plaintiffs shall file a response, on or before July 23, 2021. A telephonic pre-motion conference regarding Defendants' anticipated motion to dismiss shall be held on August 10, 2021 at 9:30 a.m. The parties are directed to call chambers on August 10, 2021 at 9:30 a.m. using the following conference line and dial information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Judge LaShann DeArcy Hall on 7/16/2021. (Court Reporter Linda Danelczyk.) (Williams, Erica)

July 15, 2021

July 15, 2021

PACER

Pre Motion Conference

July 15, 2021

July 15, 2021

PACER
33

Letter by The New York City Department of Education (Goodman, Lorna) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER

Pre Motion Conference AND ~Util - Set Hearings

July 16, 2021

July 16, 2021

PACER
34

Letter by Disability Rights New York, E. F., L. P., A. S. (Seelenfreund, Emily) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER

ORDER: The pre-motion conference currently scheduled for August 10, 2021 is ADJOURNED sine die. The Defendants shall serve Plaintiffs with their motion to dismiss and supporting papers by August 10, 2021. Plaintiffs shall serve Defendants with their opposition and supporting papers by August 24, 2021. Defendants shall serve Plaintiffs with their reply, if any, and file the fully briefed motion by August 31, 2021. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Defendants shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motion, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Practices and Rules. Ordered by Judge LaShann DeArcy Hall on 7/28/2021. (Williams, Erica)

July 28, 2021

July 28, 2021

PACER

Terminate Hearings

July 28, 2021

July 28, 2021

PACER

1 - Terminate Hearings

July 28, 2021

July 28, 2021

PACER

Order on Motion to Withdraw as Attorney

Aug. 9, 2021

Aug. 9, 2021

PACER
35

MOTION to Withdraw as Attorney for Lucas B; Michelen by Disability Rights New York, E. F., L. P., A. S.. (Michelen, Lucas) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER

ORDER granting 35 Motion to Withdraw as Attorney. Attorney Lucas Michelen terminated. Ordered by Magistrate Judge Robert M. Levy on 8/9/2021. (Marino, Janine)

Aug. 9, 2021

Aug. 9, 2021

PACER
36

NOTICE of Appearance by William James Paul Tronsor on behalf of All Plaintiffs (aty to be noticed) (Tronsor, William) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER

Case Assigned/Reassigned

Aug. 19, 2021

Aug. 19, 2021

PACER

Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Robert M. Levy no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)

Aug. 19, 2021

Aug. 19, 2021

PACER
37

MOTION to Withdraw as Attorney by Disability Rights New York, E. F., L. P., A. S.. (Feeley, Jennifer) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
38

Notice of MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction by Richard A. Carranza, City of New York, The New York City Department of Education. (Pines, Jonathan) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

RECAP
39

DECLARATION re 38 Notice of MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction by Alexandra Shames, in Support of Defts' Motion by Richard A. Carranza, City of New York, The New York City Department of Education (Pines, Jonathan) (Modified: Document has been replaced.) (Latka-Mucha, Wieslawa (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
40

MEMORANDUM in Support re 38 Notice of MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction dated August 7, 2021 filed by All Defendants. (Pines, Jonathan) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
41

MEMORANDUM in Opposition re 38 Notice of MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction dated August 24, 2021 (filed by Defs on behalf of Plfs) filed by All Defendants. (Pines, Jonathan) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
42

DECLARATION re 38 Notice of MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction, Declarant Emily Seelenfreund, dated August 24, 2021 (filed by Defs on behalf of Plfs) by Richard A. Carranza, City of New York, The New York City Department of Education (Attachments: # 1 Exhibit 1: Improving Sp. Educ. in NYC's Distr. 75) (Pines, Jonathan) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
43

REPLY in Support re 38 Notice of MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction dated August 31, 2021, filed by All Defendants. (Pines, Jonathan) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER

Order on Motion to Withdraw as Attorney

Sept. 1, 2021

Sept. 1, 2021

PACER

ORDER: granting 37 Motion to Withdraw as Attorney. Attorney Jennifer Helen Feeley is removed from the docket. So Ordered by Magistrate Judge Marcia M. Henry on 09/01/2021. (Gans, Courtney)

Sept. 1, 2021

Sept. 1, 2021

PACER
44

Letter Request to Record Hearings as a Reasonable Accommodation by Disability Rights New York, E. F., L. P., A. S. (Seaborn, Stuart) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

RECAP

ORDER: Plaintiffs' letter 44 requesting to record future hearings as a reasonable accommodation is GRANTED. Ordered by Judge LaShann DeArcy Hall on 9/20/2021. (Williams, Erica)

Sept. 20, 2021

Sept. 20, 2021

PACER

Order

Sept. 20, 2021

Sept. 20, 2021

PACER

Order(Other)

Sept. 20, 2021

Sept. 20, 2021

PACER
45

MOTION to Withdraw as Attorney by Disability Rights New York, E. F., L. P., A. S.. (Crosson, Michael) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER

Order on Motion to Withdraw as Attorney

Oct. 12, 2021

Oct. 12, 2021

PACER

ORDER: granting 45 Motion to Withdraw as Attorney. Attorney Michael D. Crosson is terminated from the docket. So Ordered by Magistrate Judge Marcia M. Henry on 10/12/2021. (Gans, Courtney)

Oct. 12, 2021

Oct. 12, 2021

PACER
46

Motion to Withdraw as Attorney

Nov. 12, 2021

Nov. 12, 2021

PACER

Order on Motion to Withdraw as Attorney

Nov. 19, 2021

Nov. 19, 2021

PACER
47

Motion to Withdraw as Attorney

Dec. 20, 2021

Dec. 20, 2021

PACER

Order on Motion to Withdraw as Attorney

Dec. 22, 2021

Dec. 22, 2021

PACER
48

Motion to Withdraw as Attorney

1 Proposed Order Proposed Order

View on PACER

Jan. 27, 2022

Jan. 27, 2022

PACER

Order on Motion to Withdraw as Attorney

Jan. 31, 2022

Jan. 31, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 26, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Students with disabilities who receive education in a Staten Island District District 75 school or classroom or are at significant risk of being placed in a Staten Island District 75 school or classroom.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York (New York), City

New York City Department of Education (New York), City

Chancellor (New York), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Individualized planning

Reasonable Accommodations

Reasonable Modifications

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental Disability:

Autism

Learning disability

Type of Facility:

Government-run