Case: Manderson v. New York City Department of Education

Manderson v. New York City Department of Educatio

COMPLAINT against CITY OF NEW YORK, Richard Carranza, NEW YORK CITY DEPARTMENT OF EDUCATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-24228680)Document filed by Dayniah Manderson. (Attachments: # 1 Exhibit Exhibit 1).(Seelenfreund, Emily) (Entered: 03/10/2021)

CIVIL COVER SHEET filed..(Seelenfreund, Emily) (Entered: 03/10/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: 1 Complaint. Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 03/10/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 03/10/2021)

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Richard Carranza, re: 1 Complaint. Document filed by Dayniah Manderson..(Seelenfreund, Emily) Modified on 3/11/2021 (sj). (Entered: 03/10/2021)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Emily Seelenfreund. The party information for the following party/parties has been modified: All Defendants. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted. (sj)

ELECTRONIC SUMMONS ISSUED as to New York City Department of Education. (sj) (Entered: 03/11/2021)

ELECTRONIC SUMMONS ISSUED as to City of New York. (sj) (Entered: 03/11/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to Richard A. Carranza, re: 1 Complaint. Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 03/11/2021)

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Case Opening Statistical Error Correction

Case Opening Initial Assignment Notice

Notice to Attorney Regarding Deficient Request for Issuance of Summons

ELECTRONIC SUMMONS ISSUED as to Richard A. Carranza. (sj) (Entered: 03/12/2021)

NOTICE OF APPEARANCE by Rebecca J. Sobie on behalf of Dayniah Manderson..(Sobie, Rebecca) (Entered: 03/12/2021)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stuart John Seaborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24291963. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dayniah Manderson. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Seaborn, Stuart) Modified on 3/23/2021 (wb). (Entered: 03/23/2021)

NOTICE OF APPEARANCE by Kami Zumbach Barker on behalf of Richard A. Carranza, City of New York, New York City Department of Education..(Barker, Kami) (Entered: 03/23/2021)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

FIRST LETTER addressed to Judge John P. Cronan from Kami Z. Barker dated March 25, 2021 re: extension of time to respond to the Complaint. Document filed by Richard A. Carranza, City of New York, New York City Department of Education..(Barker, Kami) (Entered: 03/26/2021)

WAIVER OF SERVICE RETURNED EXECUTED. Richard A. Carranza waiver sent on 3/25/2021, answer due 5/24/2021; City of New York waiver sent on 3/25/2021, answer due 5/24/2021; New York City Department of Education waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 03/26/2021)

MEMO ENDORSEMENT on re: 13 Letter, filed by Richard A. Carranza, New York City Department of Education, City of New York. ENDORSEMENT: Pursuant to the executed waiver of service filed on Docket Number 14, Defendants' deadline to respond to the Complaint is May 24, 2021. See Fed. R. Civ. P. 4(d)(3). SO ORDERED. (Signed by Judge John P. Cronan on 3/26/2021) (kv) (Entered: 03/29/2021)

MOTION for Stuart John Seaborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24355764. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dayniah Manderson. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Seaborn, Stuart) (Entered: 04/06/2021)

Notice Regarding Pro Hac Vice Motion

Order on Motion to Appear Pro Hac Vice

SECOND LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge John P. Cronan from Kami Z. Barker dated May 4, 2021. Document filed by Richard A. Carranza, City of New York, New York City Department of Education..(Barker, Kami) (Entered: 05/04/2021)

ORDER granting 18 SECOND LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge John P. Cronan from Kami Z. Barker dated May 4, 2021. Document filed by Richard A. Carranza, City of New York, New York City Department of Education. Defendants' request is granted. Defendants shall respond to the Complaint by May 28, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 5/4/2021) (rjm) (Entered: 05/04/2021)

FIRST LETTER MOTION for Conference re: 1 Complaint defendants' intended 12(b)(6) motion to dismiss addressed to Judge John P. Cronan from Kami Zumbach Barker, for defendants, dated May 27, 2021. Document filed by Richard A. Carranza, City of New York, New York City Department of Education. (Attachments: # 1 EXHIBIT A - Plaintiff's EEOC Charge of Discrimination).(Barker, Kami) (Entered: 05/27/2021)

LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Dayniah Manderson dated June 2, 2021 re: 20 FIRST LETTER MOTION for Conference re: 1 Complaint defendants' intended 12(b)(6) motion to dismiss addressed to Judge John P. Cronan from Kami Zumbach Barker, for defendants, dated May 27, 2021. . Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 06/02/2021)

ORDER granting 20 Letter Motion for Conference re: 20 FIRST LETTER MOTION for Conference re: 1 Complaint defendants' intended 12(b)(6) motion to dismiss addressed to Judge John P. Cronan from Kami Zumbach Barker, for defendants, dated May 27, 2021. The Court finds that no pre-motion conference is necessary. Defendants shall file their motion to dismiss by June 18, 2021. Plaintiff's opposition is due on July 2, 2021, and Defendants' reply is due on July 9, 2021. The parties are further directed to file a joint letter by June 11, 2021, advising the Court as to whether the parties request a referral to the Honorable Robert W. Lehrburger for a settlement conference or to the Court-annexed mediation program.. (Signed by Judge John P. Cronan on 6/4/2021) (nb) (Entered: 06/04/2021)

LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Both Parties dated 6/10/2021. Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 06/10/2021)

ORDER granting 23 Letter Motion for Extension of Time. The parties' request is granted. The court adopts the parties' briefing schedule. Defendants' motion to dismiss is due on July 13, 2021. Plaintiff's opposition is due by August 3, 2021, and Defendants' reply is due by August 17, 2021. The Court will refer this case to mediation by separate order. Motions due by 7/13/2021.. (Signed by Judge John P. Cronan on 6/10/2021) (nb) (Entered: 06/11/2021)

MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program.The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 6/21/2021. (Signed by Judge John P. Cronan on 6/11/2021) (nb) (Entered: 06/11/2021)

Notice of Mediator Assignment

FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge John P. Cronan from Kami Z. Barker dated July 9, 2021. Document filed by Richard A. Carranza, City of New York, New York City Department of Education. Return Date set for 7/13/2021 at 11:59 PM..(Barker, Kami) (Entered: 07/09/2021)

ORDER granting 26 Letter Motion for Leave to File Excess Pages. Defendants' request is granted. Defendants may file a memorandum of up to thirty pages in support of their motion to dismiss.. (Signed by Judge John P. Cronan on 7/9/2021) (nb) (Entered: 07/12/2021)

Order on Motion for Leave to File Excess Pages

FIRST MOTION to Dismiss . Document filed by Richard A. Carranza, City of New York, New York City Department of Education. Responses due by 8/3/2021 Return Date set for 8/17/2021 at 11:59 PM..(Barker, Kami) (Entered: 07/13/2021)

DECLARATION of Kami Z. Barker in Support re: 28 FIRST MOTION to Dismiss .. Document filed by Richard A. Carranza, City of New York, New York City Department of Education. (Attachments: # 1 Exhibit A - February 12, 2018 emails, # 2 Exhibit B - May 20, 2019 email, # 3 Exhibit C - Defendants' EEOC Position Statement, # 4 Exhibit D - January 6, 2020 email, # 5 Exhibit E - Plaintiff's EEOC charge of discrimination).(Barker, Kami) (Entered: 07/13/2021)

MEMORANDUM OF LAW in Support re: 28 FIRST MOTION to Dismiss . . Document filed by Richard A. Carranza, City of New York, New York City Department of Education..(Barker, Kami) (Entered: 07/13/2021)

Dismiss

Declaration in Support of Motion

Memorandum of Law in Support of Motion

MEMORANDUM OF LAW in Opposition re: 28 FIRST MOTION to Dismiss . . Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 08/03/2021)

DECLARATION of Emily Seelenfreund in Opposition re: 28 FIRST MOTION to Dismiss .. Document filed by Dayniah Manderson. (Attachments: # 1 Exhibit, # 2 Exhibit).(Seelenfreund, Emily) (Entered: 08/03/2021)

Memorandum of Law in Opposition to Motion

Declaration in Opposition to Motion

REPLY MEMORANDUM OF LAW in Support re: 28 FIRST MOTION to Dismiss . . Document filed by Richard A. Carranza, City of New York, New York City Department of Education..(Barker, Kami) (Entered: 08/17/2021)

Reply Memorandum of Law in Support of Motion

Mediation Conference

Mediation Conference

Mediation Conference Scheduled

Mediation Conference Scheduled

Mediation Conference

Mediation Conference

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Dayniah Manderson..(Seelenfreund, Emily) Modified on 11/22/2021 (km). (Entered: 11/19/2021)

FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED JUDGMENT. Re: Document No. 34 Notice of Acceptance with Offer of Judgment. Document filed by Dayniah Manderson..(Seelenfreund, Emily) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 11/22/2021 (km). (Entered: 11/19/2021)

Notice of Acceptance with Offer of Judgment

Proposed Judgment

Notice to Attorney Regarding Deficient Notice of Acceptance with Offer of Judgment

Notice to Attorney Regarding Deficient Notice of Acceptance with Offer of Judgment

Notice to Attorney to Re-File Document - PDF Error

Notice to Attorney to Re-File Document - PDF Error

NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Dayniah Manderson. (Attachments: # 1 Exhibit Offer of Judgment).(Seelenfreund, Emily) (Entered: 11/23/2021)

PROPOSED JUDGMENT. Re: Document No. 37 Notice of Acceptance with Offer of Judgment. Document filed by Dayniah Manderson..(Seelenfreund, Emily) Proposed Judgment to be reviewed by Clerk's Office staff. (Entered: 11/23/2021)

Notice of Acceptance with Offer of Judgment

Proposed Judgment

Notice to Court Regarding Notice of Acceptance with Offer of Judgment

Notice to Court Regarding Notice of Acceptance with Offer of Judgment

Notice to Court Regarding Proposed Order

Notice to Court Regarding Proposed Order

JUDGMENT PURSUANT TO RULE 68: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Defendants shall pay plaintiff fifty thousand and one dollars and zero cents ($50,001.00), plus reasonable attorneys' fees, expenses, and costs accrued to date, for all claims that have been, or could have been asserted in the complaint to the date of this offer; 2. Defendants shall provide all equitable relief specified in the offer of judgment (ECF No. 37, Ex. A); 3. This judgment shall be in full satisfaction of all claims or rights that plaintiff may have as to damages, or any other form of relief, under the ADA, Section 504, CHRL, or any other law, arising out of the alleged acts or omissions of defendants and any official or employee, either past or present, of the DOE, the City of New York, or any agency thereof, in connection with the facts and circumstances that are the subject of this action; 4. This offer of judgment is made for the purposes specified in Rule 68 of the Federal Rules of Civil Procedure and is not to be construed as an admission of liability by any defendant, official or employee of the DOE, the City of New York, or any agency thereof, nor is it an admission that plaintiff has suffered any damages; and 5. Acceptance of the offer of judgment has acted to release and discharge defendants, its successors and assigns, and all past and present officials, employees, representatives and agents of the DOE, and the City of New York from any and all disability discrimination claims, including under the ADA, Section 504, and CHRL, that were or could have been alleged by plaintiff in the above-referenced action. Acceptance of this offer of judgment has also operated to waive plaintiff's rights to any claim for interest on the amount of the judgment. SO ORDERED. (Signed by Judge John P. Cronan on 11/30/2021) (jca) Transmission to Finance Unit (Cashiers) for processing. (Entered: 11/30/2021)

JUDGMENT PURSUANT TO RULE 68: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Defendants shall pay plaintiff fifty thousand and one dollars and zero cents ($50,001.00), plus reasonable attorneys' fees, expenses, and costs accrued to dat e, for all claims that have been, or could have been asserted in the complaint to the date of this offer; 2. Defendants shall provide all equitable relief specified in the offer of judgment (ECF No. 37, Ex. A); 3. This judgment shall be in full satisfaction of all claims or rights that plaintiff may have as to damages, or any other form of relief, under the ADA, Section 504, CHRL, or any other law, arising out of the alleged acts or omissions of defendants and any official or employee, e ither past or present, of the DOE, the City of New York, or any agency thereof, in connection with the facts and circumstances that are the subject of this action; 4. This offer of judgment is made for the purposes specified in Rule 68 of the Fed eral Rules of Civil Procedure and is not to be construed as an admission of liability by any defendant, official or employee of the DOE, the City of New York, or any agency thereof, nor is it an admission that plaintiff has suffered any damages; a nd 5. Acceptance of the offer of judgment has acted to release and discharge defendants, its successors and assigns, and all past and present officials, employees, representatives and agents of the DOE, and the City of New York from any and all d isability discrimination claims, including under the ADA, Section 504, and CHRL, that were or could have been alleged by plaintiff in the above-referenced action. Acceptance of this offer of judgment has also operated to waive plaintiff's rights to any claim for interest on the amount of the judgment. SO ORDERED. (Signed by Judge John P. Cronan on 11/30/2021) (jca) Transmission to Finance Unit (Cashiers) for processing.

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Dayniah Manderson..(Seelenfreund, Emily) (Entered: 04/22/2022)