Case: C.S. v. New York City Public Schools

Document ID 157048 C.S. v. New York City Public Schools

COMPLAINT against David C. Banks, New York City Public Schools. (Filing Fee $ 405.00, Receipt Number ANYSDC-30006992)Document filed by C.S., by her parent, K.S.;, C.I.R., by her parent, C.R.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;..(Metzler, Jeffrey) (Entered: 10/08/2024)

CIVIL COVER SHEET filed..(Metzler, Jeffrey) (Entered: 10/08/2024)

REQUEST FOR ISSUANCE OF SUMMONS as to David C. Banks, re: 1 Complaint,. Document filed by C.I.R., by her parent, C.R.;, C.S., by her parent, K.S.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;..(Metzler, Jeffrey) (Entered: 10/08/2024)

REQUEST FOR ISSUANCE OF SUMMONS as to New York City Public Schools, re: 1 Complaint,. Document filed by C.I.R., by her parent, C.R.;, C.S., by her parent, K.S.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;..(Metzler, Jeffrey) (Entered: 10/08/2024)

Case Opening Initial Assignment Notice

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Metzler. The party information for the following party/parties has been modified: C.S., by her parent, K.S.;, C.I.R., by her parent, C.R.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(vf)

Magistrate Judge Sarah Netburn 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. (vf)

Case Designated ECF. (vf)

ELECTRONIC SUMMONS ISSUED as to David C. Banks. (vf) (Entered: 10/09/2024)

ELECTRONIC SUMMONS ISSUED as to New York City Public Schools. (vf) (Entered: 10/09/2024)

NOTICE OF APPEARANCE by Susan Joy Horwitz on behalf of C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Horwitz, Susan) (Entered: 10/09/2024)

NOTICE OF APPEARANCE by Spencer Young on behalf of C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Young, Spencer) (Entered: 10/09/2024)

NOTICE OF APPEARANCE by Katherine M Groot on behalf of C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Groot, Katherine) (Entered: 10/10/2024)

AFFIDAVIT OF SERVICE. David C. Banks served on 10/10/2024, answer due 10/31/2024; New York City Public Schools served on 10/10/2024, answer due 10/31/2024. Document filed by C.I.R., by her parent, C.R.; C.S., by her parent, K.S.; H.B., by his parent, V.B.; M.T., by her parent, N.T...(Young, Spencer) (Entered: 10/15/2024)

~Util - Set Hearings

Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 1/27/2025 at 12:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)

ORDER:Pursuant to Rule 12(a) of the Federal Rules of Civil Procedure, the time for the defendants to answer was October 31, 2024. To date, no answers have been filed. The time for the defendants to answer or respond to the complaint is extended to November 14, 2024. Failure to respond to the complaint by this date could result in a default judgment being entered against the defendants. The plaintiff should serve a copy of this Order on the defendants and file proof of service on the docket by November 11, 2024. David C. Banks answer due 11/14/2024; New York City Public Schools answer due 11/14/2024. (Signed by Judge John G. Koeltl on 11/5/2024) (tro) (Entered: 11/06/2024)

NOTICE OF APPEARANCE by Kendra Elise Riddleberger on behalf of New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 11/06/2024)

FIRST LETTER MOTION for Extension of Time to Respond to the Complaint from Kendra Riddleberger dated November 6, 2024. Document filed by New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 11/06/2024)

ORDER granting 13 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 11/7/2024) (ks) (Entered: 11/07/2024)

Set/Reset Deadlines: David C. Banks answer due 11/29/2024; New York City Public Schools answer due 11/29/2024. (ks)

CERTIFICATE OF SERVICE. Document filed by C.S., by her parent, K.S., M.T., by her parent, N.T., H.B., by his parent, V.B., C.I.R., by her parent, C.R.. (Attachments: # 1 Exhibit A- Email).(Metzler, Jeffrey) (Entered: 11/07/2024)

SECOND LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge John G. Koeltl from Kendra Riddleberger dated November 25, 2024. Document filed by New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 11/25/2024)

ORDER granting 16 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 11/26/2024) (ks) (Entered: 11/26/2024)

Set/Reset Deadlines: David C. Banks answer due 12/12/2024; New York City Public Schools answer due 12/12/2024. (ks)

LETTER MOTION for Conference re: 1 Complaint, dismissal addressed to Judge John G. Koeltl from Kendra Riddleberger dated December 12, 2024. Document filed by New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 12/12/2024)

ORDER granting 18 Motion for Conference. The parties are directed to appear, by phone, for a pre-motion conference on Wednesday, December 18, 2024 at 3:30 p.m. Dial-in: 646-453-4442, with access code 67527833#. The Clerk is directed to close ECF No. 18. SO ORDERED.. (Signed by Judge John G. Koeltl on 12/13/2024) Telephone Conference set for 12/18/2024 at 03:30 PM before Judge John G. Koeltl. (ks) (Entered: 12/13/2024)

ORDER: The parties are directed to submit a joint proposal regarding any amended complaint or motion to dismiss by Friday, December 20, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 12/18/2024) (mml) (Entered: 12/19/2024)

JOINT LETTER addressed to Judge John G. Koeltl from Jeffrey P. Metzler dated December 20, 2024 re: parties joint proposed deadlines. Document filed by C.S., by her parent, K.S., M.T., by her parent, N.T., H.B., by his parent, V.B., C.I.R., by her parent, C.R...(Metzler, Jeffrey) (Entered: 12/20/2024)

MEMO ENDORSEMENT on re: 21 Letter, filed by C.S., by her parent, K.S., H.B., by his parent, V.B., M.T., by her parent, N.T., C.I.R., by her parent, C.R. ENDORSEMENT: The schedule is approved. The Court will hold a telephone conference with the parties on 2/13/2024 at 3:30 P.M. SO ORDERED. (Signed by Judge John G. Koeltl on 12/23/2024) (Admissions due by 1/8/2025., Responses due by 2/3/2025, Replies due by 2/28/2025., Telephone Conference set for 2/13/2024 at 03:30 PM in telephone or video conference before Judge John G. Koeltl.) (ar) (Entered: 12/23/2024)

AMENDED COMPLAINT amending 1 Complaint, against New York City Public Schools, Melissa Aviles-Ramos with JURY DEMAND.Document filed by C.I.R., by her parent, C.R., C.S., by her parent, K.S., H.B., by his parent, V.B., M.T., by her parent, N.T.. Related document: 1 Complaint,..(Metzler, Jeffrey) (Entered: 01/08/2025)

NOTICE OF APPEARANCE by Sarah Marie Rowan on behalf of C.S., by her parent, K.S., M.T., by her parent, N.T., H.B., by his parent, V.B., C.I.R., by her parent, C.R...(Rowan, Sarah) (Entered: 01/09/2025)

ORDER The conference scheduled for Monday, January 27, 2025, at 12:30pm, is canceled.SO ORDERED. (Signed by Judge John G. Koeltl on 1/21/2025) (jjc) (Entered: 01/22/2025)

MEMO ENDORSEMENT on re: 22 Memo Endorsement, ENDORSEMENT: AMENDED ENDORSEMENT The schedule is approved. The Court will hold a telephone conference with the parties on 2/13/2024 at 3:30 P.M. SO ORDERED. (Signed by Judge John G. Koeltl on 1/22/2025) Melissa Aviles-Ramos answer due 2/3/2025; New York City Public Schools answer due 2/3/2025.( Amended Pleadings due by 1/8/2025., Motions due by 2/3/2025., Responses due by 2/28/2025, Replies due by 3/14/2025., Telephone Conference set for 2/13/2025 at 03:30 PM before Judge John G. Koeltl.) (ks) (Entered: 01/22/2025)

FIRST LETTER MOTION for Extension of Time to file Motion to Dismiss addressed to Judge John G. Koeltl from Kendra Riddleberger dated January 29, 2025. Document filed by New York City Public Schools, Melissa Aviles-Ramos..(Riddleberger, Kendra) (Entered: 01/29/2025)

ORDER granting 27 Letter Motion for Extension of Time APPLICATION GRANTED SO ORDERED. Motions due by 2/14/2025.. (Signed by Judge John G. Koeltl on 1/30/2025) (jca) (Entered: 01/30/2025)

Set/Reset Deadlines: Responses due by 3/14/2025 Replies due by 3/28/2025. (jca)

~Util - Set Hearings

Telephone Conference

Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 2/13/2025 at 03:30 PM before Judge John G. Koeltl. Dial-in: 646 453-4442, with Conference ID 675 278 33#. (Fletcher, Donnie)

Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 2/13/2025. (Fletcher, Donnie)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge John G. Koeltl on 2/13/2025) (tg) (Entered: 02/14/2025)

ORDER: Discovery is stayed in this action pending the Court's decision on the defendants' anticipated motion to dismiss. SO ORDERED. (Signed by Judge John G. Koeltl on 2/13/2025) (tg)

Dismiss

Memorandum of Law in Support of Motion

Declaration in Support of Motion

ORDER: On February 13, 2025, the Honorable John G. Koeltl assigned this matter to my docket for settlement. By February 25, 2025, the parties are directed to email Courtroom Deputy Diljah Shaw at Diljah_Shaw@nysd.uscourts.gov with three mutuall y convenient dates to schedule a settlement conference. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute req uests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/18/2025) (dsh)

Scheduling Order

Memorandum of Law in Opposition to Motion

Withdraw as Attorney

Proposed Order for Withdrawal of Attorney

Certificate of Service Other

Certificate of Service Other

Order on Motion to Withdraw as Attorney

Reply Memorandum of Law in Support of Motion

Letter

Settlement Conference

Scheduling Order

Letter

Scheduling Order

Settlement Conference