Case: Y.H. v. Aviles-Ramos

1:25-cv-04217 | U.S. District Court for the Southern District of New York

Filed Date: May 20, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research this case.)

On May 20, 2025, plaintiffs sued Melissa Aviles-Ramos in her official capacity as Chancellor of the New York City Department of Education, as well as the New York City Department of Education and the City of New York, alleging due process violations in public school suspensions. New York City's current “substantial and competent evidence” standard requires students to prove that they did not engage in the alleged misconduct. Filing in the Southern District of New York under 42 U.S.C. § 1983, the plaintiffs - an anonymous 7th grader, 8th, and 9th grader respectively - alleged that this standard violated the Fourteenth Amendment of the U.S. Constitution, Article XI, Section 1 of the New York State Constitution, and various other local laws and ordinances.

Summary Authors

Ben Hefter (7/29/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70317945/parties/yh-v-aviles-ramos/


Judge(s)

Oetken, James Paul (New York)

Attorney for Plaintiff

Lamb, Christopher D. (New York)

Mar, Nelson (New York)

Schorr, Nanette (New York)

Shuchman, Michaela (New York)

Attorney for Defendant

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Documents in the Clearinghouse

Document
3

1:25-cv-04217

Complaint

May 21, 2025

May 21, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70317945/yh-v-aviles-ramos/

Last updated Aug. 19, 2025, 8:31 a.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Plaintiffs. (Filing Fee $ 405.00, Receipt Number ANYSDC-31106315)Document filed by H. C...(Lamb, Christopher) Modified on 5/21/2025 (jgo). (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

RECAP
2

Civil Cover Sheet

May 20, 2025

May 20, 2025

PACER

Notice to Attorney Regarding Party Modification

May 21, 2025

May 21, 2025

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

May 21, 2025

May 21, 2025

PACER

Case Opening Initial Assignment Notice

May 21, 2025

May 21, 2025

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

May 21, 2025

May 21, 2025

PACER

Notice to Attorney Regarding Deficient Pleading

May 21, 2025

May 21, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher D. Lamb to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected; all of the filers were not selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

May 21, 2025

May 21, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Christopher D. Lamb to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Courthouse Assignment code was not selected; the PDF was not signed and dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)

May 21, 2025

May 21, 2025

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(jgo)

May 21, 2025

May 21, 2025

PACER

Magistrate Judge Stewart D. Aaron 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. (jgo)

May 21, 2025

May 21, 2025

PACER

Case Designated ECF. (jgo)

May 21, 2025

May 21, 2025

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher D. Lamb. The following case opening statistical information was erroneously selected/entered: Arbitration code v (Voluntary); County code Albany;. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Bronx;. (jgo)

May 21, 2025

May 21, 2025

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher D. Lamb. The party information for the following party/parties has been modified: Y. H.; Y. P.; H. C.; NEW YORK CITY DEPARTMENT OF EDUCATION; CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)

May 21, 2025

May 21, 2025

PACER
3

COMPLAINT against Melissa Aviles-Ramos, City of New York, New York City Department of Education. Document filed by Y. H., H. C., Y. P...(Lamb, Christopher) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

Clearinghouse
4

CIVIL COVER SHEET filed..(Lamb, Christopher) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Melissa Aviles-Ramos, re: 3 Complaint. Document filed by H. C., Y. H., Y. P...(Lamb, Christopher) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to The New York City Department of Education, re: 3 Complaint. Document filed by H. C., Y. H., Y. P...(Lamb, Christopher) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 3 Complaint. Document filed by H. C., Y. H., Y. P...(Lamb, Christopher) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
8

ELECTRONIC SUMMONS ISSUED as to City of New York..(pc) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
9

ELECTRONIC SUMMONS ISSUED as to New York City Department of Education..(pc) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
10

ELECTRONIC SUMMONS ISSUED as to Melissa Aviles-Ramos..(pc) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
11

ORDER: Initial Conference set for 8/28/2025 at 11:00 AM before Judge J. Paul Oetken. Counsel should call (855) 244-8681 at the scheduled time. The attendee ID number is 23128287066. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Members of the public may join but are instructed to place their phones on mute. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/27/2025) (vfr) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
12

CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Nicholas R. Tambone dated June 10, 2025. Document filed by Melissa Aviles-Ramos, City of New York, New York City Department of Education..(Tambone, Nicholas) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
13

ORDER granting 12 Letter Motion for Extension of Time to Answer: Granted. Defendants shall answer or otherwise respond to the complaint on or before August 12, 2025. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (djh) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

PACER

Order on Motion for Extension of Time to Answer

June 13, 2025

June 13, 2025

PACER
14

NOTICE OF APPEARANCE by Nanette Schorr on behalf of H. C...(Schorr, Nanette) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER
15

NOTICE OF APPEARANCE by Nelson Mar on behalf of H. C., Y. H., Y. P...(Mar, Nelson) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

PACER
16

NOTICE OF APPEARANCE by Michaela Shuchman on behalf of H. C., Y. H., Y. P...(Shuchman, Michaela) (Entered: 07/02/2025)

July 2, 2025

July 2, 2025

PACER
17

Dismiss

Aug. 12, 2025

Aug. 12, 2025

PACER
18

Memorandum of Law in Support of Motion

Aug. 12, 2025

Aug. 12, 2025

PACER
19

Declaration in Support of Motion

Aug. 12, 2025

Aug. 12, 2025

PACER
20

Adjourn Conference AND Extension of Time to File Response/Reply

Aug. 14, 2025

Aug. 14, 2025

PACER

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion to Adjourn Conference

Aug. 14, 2025

Aug. 14, 2025

PACER

Case Details

State / Territory: New York

Case Type(s):

Education

Child Welfare

Disability Rights

Key Dates

Filing Date: May 20, 2025

Case Ongoing: Yes

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket