This case was last updated from U.S. District Courts on 07/18/2023 at 08:11:48 (UTC).

Franco et al v. Banks et al

Case Summary

On 05/19/2023 Franco filed a Civil Right - Education Discrimination lawsuit against Banks. This case was filed in U.S. District Courts, New York Southern District Court. The Judge overseeing this case is Analisa Torres. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:23-CV-04205

  • Filing Date:

    05/19/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Education Discrimination

Judge Details

Presiding Judge

Analisa Torres

 

Party Details

Plaintiff

Miriam Franco

Defendants

David C. Banks

New York City Department Of Education,

Attorney/Law Firm Details

Plaintiff Attorney

Rory J. Bellantoni

Defendant Attorney

Thomas Lindeman

 

Court Documents

1 #1

Main Document

1 #1

Exhibit 1 SRO Decision No. 02-010.

#2

(#2) CIVIL COVER SHEET filed..(Bellantoni, Rory) (Entered: 05/19/2023)

#3

(#3) 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 Miriam Franco(as Parent and Natural Guardian of K.C. ), Miriam Franco(Individually )..(Bellantoni, Rory) (Entered: 05/19/2023)

#4

(#4) ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department Of Education,..(pc) (Entered: 05/22/2023)

#5

(#5) ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 5/23/2023) (kv) (Entered: 05/23/2023)

#6

(#6) INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by July 18, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 5/23/2023) (kv) (Entered: 05/23/2023)

#7

(#7) ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 5/23/2023) (kv) (Entered: 05/23/2023)

#8

(#8) NOTICE OF APPEARANCE by Thomas Lindeman on behalf of David C. Banks, New York City Department Of Education,..(Lindeman, Thomas) (Entered: 06/01/2023)

#9

(#9) ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. David C. Banks served on 5/23/2023, answer due 6/13/2023; New York City Department Of Education, served on 5/23/2023, answer due 6/13/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Miriam Franco(as Parent and Natural Guardian of K.C. ); Miriam Franco(Individually )..(Bellantoni, Rory) (Entered: 06/05/2023)

 

Docket Entries

  • 06/05/2023
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  • Docket(#9) ACKNOWLEDGMENT OF SERVICE Summons and Complaint, served. David C. Banks served on 5/23/2023, answer due 6/13/2023; New York City Department Of Education, served on 5/23/2023, answer due 6/13/2023. Service was accepted by New York City Law Department. Service was made by email. Document filed by Miriam Franco(as Parent and Natural Guardian of K.C. ); Miriam Franco(Individually )..(Bellantoni, Rory) (Entered: 06/05/2023)

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  • 06/01/2023
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  • Docket(#8) NOTICE OF APPEARANCE by Thomas Lindeman on behalf of David C. Banks, New York City Department Of Education,..(Lindeman, Thomas) (Entered: 06/01/2023)

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  • 05/23/2023
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  • Docket(#7) ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 5/23/2023) (kv) (Entered: 05/23/2023)

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  • 05/23/2023
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  • Docket(#6) INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by July 18, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 5/23/2023) (kv) (Entered: 05/23/2023)

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  • 05/23/2023
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  • Docket(#5) ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 5/23/2023) (kv) (Entered: 05/23/2023)

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  • 05/22/2023
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  • Docket(#4) ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department Of Education,..(pc) (Entered: 05/22/2023)

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  • 05/22/2023
  • DocketCase Designated ECF. (pc) (Entered: 05/22/2023)

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  • 05/22/2023
  • DocketMagistrate Judge James L. Cott is so designated. 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. (pc) (Entered: 05/22/2023)

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  • 05/22/2023
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pc) (Entered: 05/22/2023)

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  • 05/19/2023
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  • Docket(#3) 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 Miriam Franco(as Parent and Natural Guardian of K.C. ), Miriam Franco(Individually )..(Bellantoni, Rory) (Entered: 05/19/2023)

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  • 05/19/2023
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  • Docket(#2) CIVIL COVER SHEET filed..(Bellantoni, Rory) (Entered: 05/19/2023)

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  • 05/19/2023
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  • Docket(#1) COMPLAINT against David C. Banks, the New York City Department of Education. (Filing Fee $ 402.00, Receipt Number CNYSDC-27765982)Document filed by Miriam Franco(as Parent and Natural Guardian of K.C. ), Miriam Franco(Individually ). (Attachments: #1 Exhibit 1 SRO Decision No. 02-010.).(Bellantoni, Rory) (Entered: 05/19/2023)

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