Mondano et al v. Banks et al

Docket(#18) STIPULATION OF VOLUNTARY DISMISSAL: In accordance with the stipulation of the Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, it is ORDERED that the claims against the Defendants, DAVID C. BANKS, in his official capacity as Chancellor of the New York City Department of Education, and the NEW YORK CITY DEPARTMENT OF EDUCATION, in the above-captioned matter, are dismissed without prejudice, and without costs or fees to any party. The parties have dismissed this case with prejudice under F.R.C.P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. (Signed by Judge Gregory H. Woods on 6/16/2023) (rro) (Entered: 06/20/2023)

Docket(#17) STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) David C. Banks, The New York City Department of Education and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joseph Mondano(as Parent and Legal Guardian of L.M.), Joseph Mondano(Individually). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Bellantoni, Rory) (Entered: 06/16/2023)

Docket(#16) MEMO ENDORSEMENT on re: #15 Letter, filed by Joseph Mondano. ENDORSEMENT: The conference scheduled for June 13, 2023, is cancelled. The stipulation of dismissal shall be filed on or before June 26, 2023. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/12/2023) (rro) (Entered: 06/12/2023)

Docket(#15) LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rory J. Bellantoni dated June 12, 2023 re: filing Stipulation of Dismissal and adjournment of Initial Case Management Conference sine die. Document filed by Joseph Mondano(as Parent and Legal Guardian of L.M.), Joseph Mondano(Individually)..(Bellantoni, Rory) (Entered: 06/12/2023)

Docket(#14) ORDER denying #13 Letter Motion to Consolidate Cases. The motion to consolidate is denied. The referenced case, 22 Civ. 7519, is pending before another district judge and thus cannot be consolidated with the instat case. See N.G. v. New York City Dept. of Educ., 2022 WL 17986202 (S.D.N.Y. Dec. 29, 2022) ("[t]his Court cannot order the consolidation of cases that are pending on other judges' dockets"). While the Court assumes the parties are familiar with the local rules, we nonetheless note that the procedure for arranging for an allegedly related case to be assigned to a district judge providing over another case is set forth in Rule 13 of the SDNY Rules for the Division of Business Among District Judges. Rule 13(b)(3) provides that where a plaintiff does not designate a case as related, as was apparently the case here, "[a] party other than the one filing a case" is free to seek a finding of relatedness by advising the judge assigned to the case with the higher docket number of the case's relatedness to the case with the lower docket number, and then requesting a transfer of the case with the higher docket number to the judge presiding over the case with the lower docket number. Defendants are free to make such an application to Judge Woods at any time. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/12/2023) (rro) (Entered: 06/12/2023)

Docket(#13) FIRST LETTER MOTION to Consolidate Cases 22-cv-7519 addressed to Magistrate Judge Gabriel W. Gorenstein from Marilyn Richter dated June 9, 2023. Document filed by David C. Banks, The New York City Department of Education..(Richter, Marilyn) (Entered: 06/09/2023)

Docket(#12) ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for an initial case management conference by telephone pursuant to Fed. R. Civ. P. 16(a), on June 13, 2023 at 12:00 p.m. At that time, the parties shall dial (888)557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. As described below, the parties must also file a proposed scheduling order two business days before the conference date, or June 9, 2023. When addressing the Court, counsel must not use a speakerphone. Upon receipt of this order, each counsel is directed to confirm with all other counsel that each party to this proceeding has received a copy of this order. and as set forth herein. SO ORDERED.Telephonic Initial Conference set for 6/13/2023 at 12:00 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/05/2023) (ama) (Entered: 06/05/2023)

Docket(#11) ORDER. It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a Proposed Consent to Jurisdiction by US Magistrate Judge, and be described using the Proposed Consent to Jurisdiction by US Magistrate Judge filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/5/23) (yv) (Entered: 06/05/2023)

Docket(#10) ANSWER to #5 Complaint,. Document filed by David C. Banks, The New York City Department of Education..(Richter, Marilyn) (Entered: 06/02/2023)

Docket(#9) ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. David C. Banks served on 5/12/2023, answer due 6/2/2023; The New York City Department of Education served on 5/12/2023, answer due 6/2/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Joseph Mondano(as Parent and Legal Guardian of L.M.); Joseph Mondano(Individually)..(Bellantoni, Rory) (Entered: 05/16/2023)

Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rory J. Bellantoni to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Link the summons to the correctly filed complaint;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 05/11/2023)

DocketCASE REFERRED TO Judge John P. Cronan as possibly related to 23cv2140. (pc) (Entered: 05/11/2023)

DocketCase Designated ECF. (pc) (Entered: 05/11/2023)

DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) (Entered: 05/11/2023)

Docket(#5) COMPLAINT against David C. Banks, The New York City Department of Education. Document filed by Joseph Mondano(as Parent and Legal Guardian of L.M.), Joseph Mondano(Individually). (Attachments: #1 Exhibit 1 SRO Decision No. 22-150 Part 1, #2 Exhibit 1 SRO Decision No. 22-150 Part 2, #3 Exhibit 1 SRO Decision No. 22-150 Part 3, #4 Exhibit 1 SRO Decision No. 22-150 Part 4).(Bellantoni, Rory) (Entered: 05/10/2023)

Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rory J. Bellantoni to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; all of the party names must be listed on the PDF case caption. If all of the parties are listed on the pleading caption, remove 'et al'. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 5/15/2023. (jgo) (Entered: 05/10/2023)

Docket(#4) STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-02140. Document filed by Joseph Mondano(as Parent and Legal Guardian of L.M.), Joseph Mondano(Individually)..(Bellantoni, Rory) (Entered: 05/09/2023)

Docket(#3) FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to David C. Banks, in his official capacity as Chancellor of the New York City Department of Education and the New York City Department of Education, re: #1 Complaint,. Document filed by Joseph Mondano(as Parent and Legal Guardian of L.M.), Joseph Mondano(Individually)..(Bellantoni, Rory) Modified on 5/11/2023 (pc). (Entered: 05/09/2023)

Docket(#2) CIVIL COVER SHEET filed..(Bellantoni, Rory) (Entered: 05/09/2023)

Docket(#1) FILING ERROR DEFICIENT PLEADING - PDF ERROR - COMPLAINT against David C. Banks, The New York City Department of Education. (Filing Fee $ 402.00, Receipt Number ANYSDC-27718959)Document filed by Joseph Mondano(as Parent and Legal Guardian of L.M.), Joseph Mondano(Individually). (Attachments: #1 Exhibit 1 SRO Decision 22-150 part 1, #2 Exhibit 1 SRO Decision 22-150 part 2, #3 Exhibit 1 SRO Decision 22-150 part 3, #4 Exhibit 1 SRO Decision 22-150 part 4).(Bellantoni, Rory) Modified on 5/10/2023 (jgo). (Entered: 05/09/2023)