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

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)

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

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)

Notice to Pay Civil Filing Fee

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

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

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)

Civil Case Filing Fee

Case Assigned/Reassigned

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

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)

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)

Case Assigned/Reassigned

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)

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)

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)

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)

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)

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)

Order on Motion for Leave to Appear Pro Hac Vice

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)

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)

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)

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)

Order on Motion for Leave to Appear Pro Hac Vice

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)

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

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

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)

Order on Motion for Extension of Time to Answer

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)

Order on Motion for Leave to Appear Pro Hac Vice

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)

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)

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

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)

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

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)

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)

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)

Order on Motion for Leave to Appear Pro Hac Vice

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)

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)

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)

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

Order on Motion for Leave to Appear Pro Hac Vice

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)

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

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

Set Hearings

~Util - Set Hearings

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)

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)

Order on Motion for Leave to Appear Pro Hac Vice

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)

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

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

Pre Motion Conference

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)

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

Pre Motion Conference AND ~Util - Set Hearings

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

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)

1 - Terminate Hearings

Terminate Hearings

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)

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)

Order on Motion to Withdraw as Attorney

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

Case Assigned/Reassigned

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)

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

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)

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)

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)

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)

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)

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)

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)

Order on Motion to Withdraw as Attorney

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)

Order(Other)

Order

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)

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

Order on Motion to Withdraw as Attorney

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)

Motion to Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Motion to Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Motion to Withdraw as Attorney

1 Proposed Order Proposed Order

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Order on Motion to Withdraw as Attorney

Notice of Appearance

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Notice of Appearance

MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, Defendants motion 38 to dismiss is GRANTED. Ordered by Judge LaShann DeArcy Hall on 9/30/2022. (Williams, Erica)

Judgment - Clerk

NOTICE OF APPEAL as to 53 Clerk's Judgment, 52 Order on Motion to Dismiss for Failure to State a Claim by Disability Rights New York, E. F., L. P., A. S.. Filing fee $ 505, receipt number ANYEDC-16085781. (Rosenthal, Joshua) (Entered: 10/28/2022)