Case docket: A, on behalf of D.A. et al v. New York City Department of Education et al

Case details

Court:	nysd
Docket #:	1:09-cv-05097
Case Name:	A, on behalf of D.A. et al v. New York City Department of Education et al
PACER case #:	346721
Date filed:	2009-06-01
Date of last filing:	2010-03-01
Assigned to:	Judge Paul G. Gardephe
Case Cause:	20:1400 Civil Rights of Handicapped Child
Nature of Suit:	440 Civil Rights: Other
Jury Demand:	None
Jurisdiction:	Federal Question

Parties

Represented Party	Attorney & Contact Info
Mr. A, on behalf of D.A. Plaintiff	Caroline Jean Heller Greenberg Traurig, LLP 200 Park Avenue New York , NY 10166 (212)801 9200 Fax: (212) 801 6400 Email: hellerc@gtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Michele Kule-Korgood Law Offices of Michele Kule-Korgood 118-35 Queens Boulevard 17th Flr Forest Hills , NY 11375 (718) 261-0181 Fax: (718) 268-2633 Email: mkule@educationlawny.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mrs. A, on behalf of D.A. Plaintiff	Caroline Jean Heller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michele Kule-Korgood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
New York City Department of Education Defendant	David Alan Rosinus , Jr. New York City Law Department 100 Church Street Room 2-305 New York , NY 10007 (212) 788-8316 Fax: (212) 788-0940 Email: arosinus@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joel Klein Defendant in his official capacity as Chancellor of the New York City School District	David Alan Rosinus , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
New York Lawyers for the Public Interest Amicus	Susan Joan Kohlmann Jenner & Block LLP (LA) 633 West 5th Street, Suite 3500 Los Angeles , CA 90071 (212) 891-1690 Fax: (212) 891-1699 Email: skohlmann@jenner.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Advocates for Children of New York, Inc. Amicus	Rebecca Caren Shore Advocates for Children of New York, Inc, (NYC) 151 West 30th Street, 5th Flr. New York , NY 10001 (212) 822-9574 Fax: (212) 947-9790 Email: rshore@advocatesforchildren.org ATTORNEY TO BE NOTICED
Partnership for Children's Rights Amicus	Michael Dougherty Hampden Legal Services for Children, Inc. 271 Madison Avenue, 17th Floor New York , NY 10016 (212)-683-7999 Fax: (212)-683-5544 Email: mhampden@pfcr.org ATTORNEY TO BE NOTICED
New York Legal Assistance Group Amicus
Legal Services NYC-Bronx Amicus
Queens Legal Services Corp. Amicus
South Brooklyn Legal Services, Inc. Amicus
The Legal Aid Society Amicus
Advocates for Children of New York, Inc. Amicus
Advocates for Children of New York, Inc. Amicus
Partnership for Children's Rights Amicus
New York Legal Assistance Group Amicus
Legal Services NYC-Bronx Amicus
Queens Legal Services Corp. Amicus
South Brooklyn Legal Services, Inc. Amicus
The Legal Aid Society Amicus

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2009-06-01	1	0	Complaint	COMPLAINT against New York City Department of Education, Joel Klein. (Filing Fee $ 350.00, Receipt Number 689667)Document filed by A, on behalf of D.A..(rdz) (Additional attachment(s) added on 6/4/2009: # 1 exhibits, # 2 exhibit Part B) (ama). (Entered: 06/03/2009)
2009-06-08	2	0	Affidavit of Service Complaints	AFFIDAVIT OF SERVICE of Summons and Complaint,. New York City Department of Education served on 6/5/2009, answer due 6/25/2009. Service was accepted by Dmitri Aronov, Managing Agent. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 06/08/2009)
2009-06-08	3	0	Affidavit of Service Complaints	AFFIDAVIT OF SERVICE of Summons and Complaint,. Joel Klein served on 6/5/2009, answer due 6/25/2009. Service was accepted by Dmitri Aronov, Co-Worker. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 06/08/2009)
2009-06-29	4	0	Endorsed Letter	ENDORSED LETTER addressed to Judge Paul G. Gardephe from David A. Rosinus dated 6/24/2009 re: I am the Assistant Corporation Counsel assigned to represent Defendants New York City Department of Education and Chancellor Joel Klein in the above referenced matter. I write to respectfully request a 30 day extension of time to respond to the Complaint in this matter, from June 25, 2009 until July 27, 2009. ENDORSEMENT: The Application is granted. SO ORDERED., New York City Department of Education answer due 7/27/2009; Joel Klein answer due 7/27/2009. (Signed by Judge Paul G. Gardephe on 6/29/2009) (jmi) (Entered: 06/30/2009)
2009-07-17	5	0	Notice of Appearance	NOTICE OF APPEARANCE by David Alan Rosinus, Jr on behalf of New York City Department of Education, Joel Klein (Rosinus, David) (Entered: 07/17/2009)
2009-07-27	6	0	Order for Initial Pretrial Conference	NOTICE OF PRETRIAL CONFERENCE:... Initial Conference set for 8/6/2009 at 11:15 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 7/24/2009) (jmi) (Entered: 07/27/2009)
2009-07-27	7	0	Answer to Complaint	ANSWER to Complaint. Document filed by New York City Department of Education, Joel Klein.(Rosinus, David) (Entered: 07/27/2009)
2009-07-30	8	0	Endorsed Letter	ENDORSED LETTER addressed to Judge Paul G. Gardephe from Michele Kule-Korgood dated 7/29/2009 re: I write jointly, on behalf of ail parties, to request an adjournment of the Pretrial Conference scheduled in this matter for August 6th 2009, due to unavailability of counsel. After conferencing today with Michael Ruocco, Deputy Clerk, we have been advised that the Court is available on August 26, 2009 at 11:30 a.m. This is the first request for an adjournment in this matter. ENDORSEMENT: The Application is granted. SO ORDERED. ( Pretrial Conference set for 8/26/2009 at 11:30 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/30/2009) (jmi) (Entered: 07/31/2009)
2009-08-17	9	0	Notice of Change of Address	NOTICE OF CHANGE OF ADDRESS by Michele Kule-Korgood on behalf of all plaintiffs. New Address: Law Offices of Michele Kule-Korgood, 118-35 Queens Boulevard, 17th Floor, Forest Hills, New York, U.S.A. 11375, (718) 261-0181. (Kule-Korgood, Michele) (Entered: 08/17/2009)
2009-08-26	10	0	Scheduling Order	SCHEDULING ORDER: Parties must serve moving papers, if any, by November 5, 2009. Parties must serve opposition papers, if any, by December 8, 2009. Parties must serve reply papers, if any, by December 18, 2009. (Signed by Judge Paul G. Gardephe on 8/26/2009) (jfe) (Entered: 08/26/2009)
2009-10-08	11	0	Endorsed Letter	ENDORSED LETTER addressed to Judge Paul G. Gardephe from Lisa Isaacs dated 10/7/2009 re: Requesting leave to file a memorandum of law on behalf of New York Lawyers for the Public Interest as amicus curiae. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 10/8/2009) (jpo) (Entered: 10/08/2009)
2009-10-21	12	0	Order	ORDER SEALING FILE PURSUANT TO IDEA, 20 U.S.C. 1417(C), AND THE FAMILY EDUCATIONAL AND PRIVACY RIGHTS ACT, 20 U.S.C. 1232(G): The parties shall filed under seal any document that contains any personally identifiable data, information, or records regarding the infant Plaintiff, D.A. See 20 U.S.C. 1417(c), 1232(g); and IT IS FURTHER ORDERED that the Clerk of the Court shall maintain such documents under seal pending further order of the Court. (Signed by Judge Paul G. Gardephe on 10/20/09) (tro) (Entered: 10/21/2009)
2009-11-04	13	0	Endorsed Letter	ENDORSED LETTER addressed to Judge Paul G. Gardephe from David A. Rosinus, Jr. dated 11/3/2009 re: Accordingly, should the Court approve the one (l) month extension, which Defendants prefer in light of the circumstances, the parties request that the dates for service of moving papers be modified as follows: The parties must serve moving papers by December 5, 2009; the parties must serve opposition papers by January 5, 2010; and the parties must serve reply papers, if any, by January 15, 2010. Should the Court instead approve the one (1) week extension, the parties request that the dates for service of moving papers be modified as follows: The parties must serve moving papers by November 12, 2009; the parties must serve oppositions papers by December 15, 2009; and the parties must serve reply papers, if any, by December 28, 2009. ENDORSEMENT: The Application is granted. All dates will be advanced by on month. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/4/2009) (jmi) (Entered: 11/04/2009)
2009-12-10	14	0	Endorsed Letter	ENDORSED LETTER addressed to Judge Paul G. Gardephe from Jointly Rebecca C. Shore and Michael D. Hampden dated 12/7/09 re: Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services, South Brooklyn Legal Services, and the Legal Aid Society respectfully seek leave from this Court to appear as amicus curiae and file a memorandum in support of the plaintiffs' motion for summary judgment in this action. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 12/9/09) (tro) (Entered: 12/10/2009)
2009-12-22	15	0	Endorsed Letter	ENDORSED LETTER: addressed to Judge paul G. Gardephe from David A. Rosinus dated 12/18/09 re: Counsel for defendants request a two week extension of the time for the parties to serve opposition papers, until January 21, 2010. This request would affect the date for the parties to serve reply papers, which is currently January 18, 2010. The new date for the parties to serve reply papers would be February 1, 2010. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 12/22/09) (js) (Entered: 12/22/2009)
2010-01-05	16	0	Notice of Appearance	NOTICE OF APPEARANCE by Susan Joan Kohlmann on behalf of New York Lawyers for the Public Interest (Kohlmann, Susan) (Entered: 01/05/2010)
2010-01-05	17	0	Motion to File Amicus Brief	FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to File Amicus Brief In Support of the Plaintiffs(BRIEF). Document filed by New York Lawyers for the Public Interest.(Kohlmann, Susan) Modified on 4/16/2010 (KA). (Entered: 01/05/2010)
2010-01-05	18	0	Memorandum of Law in Support	FILING ERROR - DUPLICATED DOCKET ENTRY - MEMORANDUM OF LAW in Support/Amicus Curiae In Support Of Plaintiffs. Document filed by New York Lawyers for the Public Interest. (Kohlmann, Susan) Modified on 4/16/2010 (KA). (Entered: 01/05/2010)
2010-01-20	19	0	Endorsed Letter	ENDORSED LETTER addressed to Judge Paul G. Gardephe from David A. Rosinus, Jr. dated 1/19/10 re: counsel requests a two week extension of time for the parties to serve opposition papers, until February 4, 2010. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 1/20/10) (djc) (Entered: 01/20/2010)
2010-02-11	20	0	Endorsed Letter	ENDORSED LETTER addressed to Judge Paul G. Gardephe from Caroline Heller dated 2/11/10 re: counsel for plaintiffs request a one week extension to serve reply briefs. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 2/11/10) (dle) (Entered: 02/14/2010)
2010-02-22	21	0	Notice of Appearance	NOTICE OF APPEARANCE by Rebecca Caren Shore on behalf of Advocates for Children of New York, Inc. (Shore, Rebecca) (Entered: 02/22/2010)
2010-02-22	22	0	Brief	BRIEF Amicus Brief. Document filed by Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society, Advocates for Children of New York, Inc..(Shore, Rebecca) (Entered: 02/22/2010)	2010-05-29 08:56:08	d1e895e8469f1dda9e06517dbdadcfd440267cce
2010-02-22	23	0	Brief	BRIEF re: 22 Brief, Declaration in Support of Amicus Brief. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society.(Shore, Rebecca) (Entered: 02/22/2010)
2010-02-22	24	0	Brief	BRIEF re: 22 Brief, Affidavit in Support. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society.(Shore, Rebecca) (Entered: 02/22/2010)
2010-02-22	25	0	Brief	BRIEF re: 22 Brief, Affidavit in Support. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society, Legal Services NYC-Bronx.(Shore, Rebecca) (Entered: 02/22/2010)
2010-02-22	26	0	Brief	BRIEF Reply. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society.(Shore, Rebecca) (Entered: 02/22/2010)
2010-02-22	27	0	Motion for Summary Judgment	MOTION for Summary Judgment filed by Defendants. Document filed by New York City Department of Education, Joel Klein. (Attachments: # 1 Exhibit A: Defendants' Local Rule 56.1 Statement of Material Facts)(Rosinus, David) (Entered: 02/22/2010)
2010-02-22	28	0	Memorandum of Law in Support of Motion	MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment filed by Defendants.. Document filed by New York City Department of Education, Joel Klein. (Rosinus, David) (Entered: 02/22/2010)
2010-02-22	29	0	Certificate of Service Other	CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment (with Ex. A: Defendants' Local Rule 56.1 Statement); Memorandum of Law in Support of Defendants' Motion for Summary Judgment served on Mr. and Mrs. A. on Dec. 7, 2009. Service was made by MAIL. Document filed by New York City Department of Education, Joel Klein. (Rosinus, David) (Entered: 02/22/2010)
2010-02-22	30	0	Reply Memorandum of Law in Support of Motion	REPLY MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment filed by Defendants.. Document filed by New York City Department of Education, Joel Klein. (Rosinus, David) (Entered: 02/22/2010)
2010-02-23	31	0	Motion for Summary Judgment	MOTION for Summary Judgment. Document filed by A, on behalf of D.A.. (Attachments: # 1 Certification of Service, # 2 Certification of Service)(Heller, Caroline) (Entered: 02/23/2010)
2010-02-23	32	0	Memorandum of Law in Support of Motion	MEMORANDUM OF LAW in Support re: 31 MOTION for Summary Judgment.. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 02/23/2010)	2010-05-29 08:59:07	52f09f1c5d6bd3f36023a55d0811e65a205e8486
2010-02-23	33	0	Affirmation in Support of Motion	AFFIRMATION of Caroline J. Heller in Support re: 31 MOTION for Summary Judgment.. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 02/23/2010)
2010-02-23	34	0	Rule 56.1 Statement	RULE 56.1 STATEMENT. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 02/23/2010)
2010-02-23	35	0	Memorandum of Law in Opposition to Motion	MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment filed by Defendants.. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 02/23/2010)
2010-02-23	36	0	Declaration in Opposition to Motion	DECLARATION of Michele Kule-Korgood in Opposition re: 27 MOTION for Summary Judgment filed by Defendants.. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 02/23/2010)
2010-02-23	37	0	Memorandum of Law in Opposition to Motion	MEMORANDUM OF LAW in Opposition re: 31 MOTION for Summary Judgment.. Document filed by New York City Department of Education, Joel Klein. (Rosinus, David) (Entered: 02/23/2010)
2010-02-23	38	0	Counter Statement to Rule 56.1	COUNTER STATEMENT TO Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 02/23/2010)
2010-02-23	39	0	Counter Statement to Rule 56.1	COUNTER STATEMENT TO 34 Rule 56.1 Statement. Document filed by New York City Department of Education, Joel Klein. (Rosinus, David) (Entered: 02/23/2010)
2010-02-23	40	0	Affidavit of Service Other	AFFIDAVIT OF SERVICE of Opposition Memorandum of Law served on New York City Department of Education on 2/4/10. Service was made by Mail. Document filed by A, on behalf of D.A.. (Heller, Caroline) (Entered: 02/23/2010)
2010-02-23	41	0	Reply Memorandum of Law in Support of Motion	REPLY MEMORANDUM OF LAW in Support re: 31 MOTION for Summary Judgment.. Document filed by A, on behalf of D.A.. (Attachments: # 1 Certification of Service)(Heller, Caroline) (Entered: 02/23/2010)	2010-05-29 09:01:06	1284c44af922069470f763c8f91c7593b3add2ed
	41	1	Certification of Service
2010-02-23	42	0	Certificate of Service Other	CERTIFICATE OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment and Defendants' Response to Plaintiffs' Local Civl Rule 56.1 Statement of Material Facts served on Mr. and Mrs. A. on Feb. 4, 2010. Service was made by MAIL. Document filed by New York City Department of Education, Joel Klein. (Rosinus, David) (Entered: 02/23/2010)
2010-02-23	43	0	Certificate of Service Other	CERTIFICATE OF SERVICE of Memorandum of Law of Amici Curiae served on Plaintiffs and Defendants on 12/7/2009. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society. (Shore, Rebecca) (Entered: 02/23/2010)
2010-02-23	44	0	Certificate of Service Other	CERTIFICATE OF SERVICE of Affidavit of Maria Bassi in support of Memorandum of Law of Amici Curiae served on Plaintiffs and Defendants on 12/7/2009. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society. (Shore, Rebecca) (Entered: 02/23/2010)
2010-02-23	45	0	Certificate of Service Other	CERTIFICATE OF SERVICE of Affidavit of Vilma Carey in Support of Memorandum of Law of Amici Curiae served on Plaintiffs and Defendants on 12/7/2009. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society. (Shore, Rebecca) (Entered: 02/23/2010)
2010-02-23	46	0	Certificate of Service Other	CERTIFICATE OF SERVICE of Declaration of Matthew Lenaghan in Support of Memorandum of Law of Amici Curiae served on Plaintiffs and Defendants on 12/7/2009. Document filed by Advocates for Children of New York, Inc., Partnership for Children's Rights, New York Legal Assistance Group, Legal Services NYC-Bronx, Queens Legal Services Corp., South Brooklyn Legal Services, Inc., The Legal Aid Society. (Shore, Rebecca) (Entered: 02/23/2010)
2010-02-24	47	0	Notice of Appearance	NOTICE OF APPEARANCE by Michael Dougherty Hampden on behalf of Partnership for Children's Rights (Hampden, Michael) (Entered: 02/24/2010)
2010-03-01	48	0	Endorsed Letter	ENDORSED LETTER: addressed to Judge Paul G. Gardephe from Rebecca C. Shore dated 2/22/2010 re: Counsel for amici curiae Advocates for children of New York Inc. request permission to submit a reply memorandum, which addresses issues raised by the defendant in it's opposition papers that were directed specifically at our arguments. Both parties consent to the filing of a reply memorandum. ENDORSEMENT: The Application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 2/25/2010) (js) (Entered: 03/01/2010)