Padilla v. New York City Department of Education

New York Eastern District Court
Judge:	Nicholas G Garaufis
Referred:	Lois Bloom
Case #:	1:23-cv-08650
Nature of Suit	442 Civil Rights - Employment
Cause	28:1331 Fed. Question: Employment Discrimination

Case Filed:

Nov 21, 2023

Docket
Parties (2)

Last checked: Sunday May 19, 2024 5:00 AM EDT

Defendant New York City Department of Education	Represented By Zachary Ellis New York City Law Department contact info
Plaintiff Albert Padilla	Represented By Barry E. Janay The Law Office Of Barry E. Janay, P.C. contact info Andrew Zeitz contact info

Docket last updated: 10 hours ago

Wednesday, March 05, 2025
19		19 misc Letter Wed 03/05 10:31 AM Letter Supplemental Brief Addressing Subject-Matter Jurisdiction by Albert Padilla (Zeitz, Andrew) Related: [-]
Thursday, February 06, 2025
18		18 misc Letter Thu 02/06 4:43 PM Letter Supplemental Brief Addressing Subject-Matter Jurisdiction by New York City Department of Education (Ellis, Zachary) Related: [-]
Wednesday, February 05, 2025
		order Order(Other) Wed 02/05 1:47 PM ORDER: The court is in receipt of Defendant's16 motion to dismiss. The parties are hereby DIRECTED to submit supplemental briefing addressing the issue of the court's subject matter jurisdiction over this action. See 38 U.S.C. � 4323(b); Cresci v. Mohawk Valley Cmty. Coll. , 693 F. App'x 21, 23 (2d Cir. 2017) ("[L]awsuits brought under USERRA by an individual against a state agency... may not proceed in federal courts; they may be litigated only in state courts."). The parties shall submit their respective supplemental briefs by March 5, 2025. The supplemental briefs may be in letter form and shall not exceed 10 pages. So Ordered by Judge Nicholas G. Garaufis on 2/5/2025. (HAB) Related: [-]
Wednesday, December 18, 2024
17		17 misc Letter Wed 12/18 9:55 PM Letter by New York City Department of Education (Ellis, Zachary) Related: [-]
		Att: 1 Exhibit Defendant's Cover Letter,
		Att: 2 Exhibit Notice of Motion to Dismiss the Complaint,
		Att: 3 Exhibit Memorandum of Law in Support of Defendant's Motion to Dismiss the Complaint,
		Att: 4 Exhibit Notice of Motion in Opposition to Defendants Motion to Dismiss,
		Att: 5 Exhibit Affirmation of Andrew Zeitz, Esq. in Opposition to Defendants Motion to Dismiss,
		Att: 6 Exhibit Memorandum of Law in Support of Plaintiffs Opposition to Defendants Motion to Dismiss,
		Att: 7 Exhibit Reply Memorandum of Law in Support of Defendant's Motion to Dismiss the Complaint
16		16 motion Dismiss for Failure to State a Claim Wed 12/18 9:47 PM MOTION to Dismiss for Failure to State a Claim by New York City Department of Education. (Ellis, Zachary) Related: [-]
Wednesday, December 11, 2024
		order Order on Motion for Extension of Time to File Response/Reply Wed 12/11 11:22 AM ORDER: Defendant's15 second consent request for an extension of time to file its reply is GRANTED. Defendant's reply is now due on December 18, 2024. So Ordered by Judge Nicholas G. Garaufis on 12/11/2024. (HAB) Related: [-]
Tuesday, December 10, 2024
15		15 motion Extension of Time to File Response/Reply Tue 12/10 10:47 PM Second MOTION for Extension of Time to File Response/Reply in Further Support of Defendant's Motion to Dismiss the Complaint by New York City Department of Education. (Ellis, Zachary) Related: [-]
Monday, December 02, 2024
		order Order on Motion for Extension of Time to File Response/Reply Mon 12/02 12:41 PM ORDER: Defendant's14 consent request for an extension of time to file its reply is GRANTED. Defendant's reply is now due on December 11, 2024. So Ordered by Judge Nicholas G. Garaufis on 12/2/2024. (HAB) Related: [-]
Wednesday, November 27, 2024
14		14 motion Extension of Time to File Response/Reply Wed 11/27 8:52 PM First MOTION for Extension of Time to File Response/Reply by New York City Department of Education. (Ellis, Zachary) Related: [-]
Wednesday, November 06, 2024
13		13 18 pgs respoth Memorandum in Support Wed 11/06 10:44 PM MEMORANDUM in Support re12 MOTION to Dismiss for Failure to State a Claim filed by New York City Department of Education. (Ellis, Zachary) Related: [-]
12		12 motion Dismiss for Failure to State a Claim Wed 11/06 10:44 PM MOTION to Dismiss for Failure to State a Claim by New York City Department of Education. (Ellis, Zachary) Related: [-]
		utility Terminate Motions (filed in error) Thu 11/07 9:14 AM Motions terminated, docketed prematurely:12 MOTION to Dismiss for Failure to State a Claim and corresponding13 Memorandum in Support filed by New York City Department of Education have been terminated. Counsel may refile the motion and supporting document(s) once fully briefed in accordance with the Court's Individual Rules regarding the filing of motions. (TLH) Related: [-]
Friday, October 25, 2024
		minutes Pre Motion Conference Fri 10/25 2:47 PM Minute entry for proceedings held before Judge Nicholas G. Garaufis: pre-motion conference for a motion to dismiss held on October 25, 2024. Counsel for Plaintiff and Counsel for Defendant present. The court granted Defendant's request for leave to file a motion to dismiss and set the following briefing schedule: Defendant will serve its motion by November 8, 2024; Plaintiff will serve its opposition by November 22, 2024; Defendant will file its reply, if any, by December 4, 2024. The parties are reminded to follow the court's individual rules for filing the motion. (Court Reporter: Charleane Heading) (HAB) Related: [-]
Friday, August 30, 2024
		order Order(Other) Fri 08/30 9:52 AM ORDER: Defendant's11 application for a pre-motion conference is GRANTED. Defendant's obligation to respond to the Complaint is stayed until 14 days after the date of the conference or, if motion practice continues, 14 days following decision on the motion. The parties are DIRECTED to confer and contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. So Ordered by Judge Nicholas G. Garaufis on 08/30/2024. (NO) Related: [-]
Friday, June 14, 2024
11		11 motion Pre Motion Conference Fri 06/14 11:57 PM MOTION for pre motion conference by New York City Department of Education. (Ellis, Zachary) Related: [-]
Tuesday, June 11, 2024
		order Order on Motion for Extension of Time to Answer Tue 06/11 4:40 PM ORDER: Defendant requests, with plaintiff's consent, a nunc pro tunc second extension of time to respond to plaintiff's complaint. ECF No.10 . The request is granted. Defendant shall respond to the complaint by June 14, 2024. Any party seeking to file a dispositive motion shall comply with Judge Garaufis's Individual Rules. Ordered by Magistrate Judge Lois Bloom on 6/11/2024. (VP) Related: [-]
Friday, June 07, 2024
10		10 motion Extension of Time to File Answer Fri 06/07 4:13 PM Second MOTION for Extension of Time to File Answer re1 Complaint, by New York City Department of Education. (Ellis, Zachary) Related: [-]
Tuesday, April 23, 2024
		order Order on Motion for Extension of Time to Answer Tue 04/23 3:40 PM ORDER: Defendant requests an extension of time to respond to plaintiff's complaint. ECF No.9 . Plaintiff did not respond to defendant's request for his consent to an extension. Nonetheless, as this is a first request for an extension which is generally granted as a courtesy, the request is granted. Defendant shall respond to the complaint by June 3, 2024. Any party seeking to file a dispositive motion shall consult Judge Garaufis's Individual Rules. Ordered by Magistrate Judge Lois Bloom on 4/23/2024. (VP) Related: [-]
Thursday, April 18, 2024
9		9 motion Extension of Time to File Answer Thu 04/18 11:55 PM First MOTION for Extension of Time to File Answer re1 Complaint, by New York City Department of Education. (Ellis, Zachary) Related: [-]
Thursday, March 28, 2024
8		8 service Summons Returned Executed Thu 03/28 4:44 PM SUMMONS Returned Executed by Albert Padilla. New York City Department of Education served on 3/28/2024, answer due 4/18/2024. (Zeitz, Andrew) Related: [-]
		order Order on Motion for Extension of Time to File Thu 03/28 5:01 PM ORDER: Plaintiff's request for a one-day extension of the deadline to file proof of service of process on defendant is granted nunc pro tunc . ECF No. 7. Plaintiff shall serve defendant and file proof of proper service by today, March 28, 2024. In the future, any request for an extension of time shall be made at least seventy-two hours in advance of the deadline in accordance with my Individual Rules. Ordered by Magistrate Judge Lois Bloom on 3/28/2024. (VP) Related: [-]
Wednesday, March 27, 2024
7		7 motion Extension of Time to File Document Wed 03/27 4:12 PM First MOTION for Extension of Time to File Service of Process by Albert Padilla. (Zeitz, Andrew) Related: [-]
Wednesday, March 20, 2024
		order Scheduling Order Wed 03/20 5:16 PM ORDER: Plaintiff's counsel states that plaintiff did not timely serve defendant due to a clerical error and requests a nunc pro tunc extension of time to do so. ECF No.6 . The request is granted. Plaintiff shall serve defendant with the summons and complaint and file proof of proper service by March 27, 2024. Ordered by Magistrate Judge Lois Bloom on 3/20/2024. (VP) Related: [-]
Tuesday, March 19, 2024
6		6 misc Letter Tue 03/19 10:13 AM Letter to Magistrate Judge Lois Bloom by Albert Padilla (Janay, Barry) Related: [-]
Tuesday, March 12, 2024
		order Scheduling Order Tue 03/12 5:23 PM ORDER: Plaintiff filed the complaint in this action on November 21, 2023, but did not submit a proposed summons. ECF No.1 . The Court notified plaintiff of this deficiency on that day. Plaintiff was required to serve defendant with the summons and complaint by February 19, 2024. Fed. R. Civ. P. 4(m). Plaintiff filed a proposed summons on January 10, 2024, and the Clerk of Court issued the summons that day. Plaintiff has not filed proof of service of process on defendant. By March 19, 2024, plaintiff shall file proof that defendant was properly served by February 19, 2024. If plaintiff fails to file proof that defendant was timely served, or fails to show good cause why such service was not made, I shall recommend that this action should be dismissed without prejudice. Fed. R. Civ. P. 4(m). Ordered by Magistrate Judge Lois Bloom on 3/12/2024. (VP) Related: [-]
Wednesday, January 10, 2024
5		5 service Summons Issued Wed 01/10 3:04 PM Summons Issued as to New York City Department of Education. (TLH) Related: [-]
4		4 misc Proposed Summons/Civil Cover Sheet Wed 01/10 2:58 PM Proposed Summons. by Albert Padilla (Janay, Barry) Related: [-]
Tuesday, November 21, 2023
3		3 misc Quality Control Check - Attorney Case Opening Tue 11/21 4:39 PM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) Related: [-]
2		2 misc Clerks Notice of Rule 73 Tue 11/21 4:36 PM Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) Related: [-]
1		1 cmp Complaint Tue 11/21 1:29 PM COMPLAINT Albert Padilla against New York City Department of Education (NYCDOE) filing fee $ 402, receipt number ANYEDC-17307056 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Albert Padilla. (Janay, Barry) Related: [-]
		Att: 1 Civil Cover Sheet
		misc Quality Control Check - Summons Tue 11/21 4:40 PM Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) Related: [-]

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