Agosto v. New York City Department of Education et al
| New York Eastern District Court | |
| Judge: | Lashann Dearcy Hall |
| Referred: | Lara K Eshkenazi |
| Case #: | 1:24-cv-01738 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1983 Civil Rights (Employment Discrimination) |
| Case Filed: | Mar 07, 2024 |
| Terminated: | Sep 30, 2025 |
| Last checked: Tuesday Sep 03, 2024 4:23 AM EDT |
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Defendant
Keisha McCoy-Dailey
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Defendant
New York City Department of Education
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Represented By
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Defendant
Shanla Knight
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Defendant
Michelle Patrovani
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Plaintiff
Luis Agosto
326 Lincoln Place Apt 6C
Brooklyn, NY 11238 |
| Docket last updated: 01/29/2026 11:59 PM EST |
| Thursday, October 30, 2025 | ||
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appeal
Electronic Index to Record on Appeal
Thu 10/30 8:41 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.27 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
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| Wednesday, October 29, 2025 | ||
| 27 | 27
appeal
Notice of Appeal
Wed 10/29 5:54 PM
NOTICE OF APPEAL as to Order on Motion to Dismiss for Failure to State a Claim,25 Clerk's Judgment by Luis Agosto. Filing fee $ 605, receipt number ANYEDC-19583482. (Donnelly, Michael) |
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| Friday, October 24, 2025 | ||
| 26 | 26
misc
Letter
Tue 10/28 4:27 PM
Letter dtd. 10/24/2025 from pro se pltff. Luis Agosto to Judge DeArcy Hall, "requesting a copy of the written decision in the above-captioned matter, issued on or about September 30, 2025 or in the alternative, have the Clerk's Office mail it to him at the address provided above." . (MLR) |
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| Tuesday, September 30, 2025 | ||
| 25 | 25
order
Judgment - Clerk
Tue 09/30 4:07 PM
CLERK'S JUDGMENT-it is ORDERED and ADJUDGED that the Defendants' motion to dismiss the complaint is GRANTED. Signed by Deputy Clerk, Ryan Richards, on behalf of Clerk of Court, Brenna B. Mahoney, on 9/30/2025. (ROLR) |
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order
Order on Motion to Dismiss for Failure to State a Claim
Tue 09/30 1:26 PM
ORDER: Defendants' motion to dismiss16 the complaint is GRANTED. Memorandum and Order to follow. The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge LaShann DeArcy Hall on 9/30/2025. (LNRS) |
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| Thursday, September 04, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 09/04 4:50 PM
ORDER: In light of the Plaintiff's opposition to Defendants' motion to dismiss20 , Plaintiff's motion18 for an extension of time to file their opposition to Defendants' motion to dismiss is DENIED as moot. Ordered by Judge LaShann DeArcy Hall on 9/4/2025. (CG) |
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| Tuesday, January 21, 2025 | ||
| 24 | 24
service
Certificate of Service
Tue 01/21 11:50 AM
CERTIFICATE OF SERVICE (Huth, Phoebe) |
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| Friday, January 17, 2025 | ||
| 23 | 23
respoth
Reply in Support
Fri 01/17 5:25 PM
REPLY in Support of Defendants' Motion to Dismiss the Complaint filed by All Defendants. (Huth, Phoebe) |
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| Thursday, December 05, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 12/05 1:51 PM
SCHEDULING ORDER: Defendants' motion for an extension of time to file a reply21 to Plaintiff's Opposition to the Motion to Dismiss is GRANTED. Defendant shall serve Plaintiff with its response on or before January 17, 2025. The response shall comply with this Court's Individual Rules and Practices. Ordered by Judge LaShann DeArcy Hall on 12/5/2024. (CG) |
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| Wednesday, November 27, 2024 | ||
| 22 | 22
service
Certificate of Service
Wed 11/27 4:50 PM
CERTIFICATE OF SERVICE by Michelle Patrovani, Shanla Knight, New York City Department of Education, Keisha McCoy-Dailey to Letter Motion to Extend Defendants' Time to Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss the Complaint (Huth, Phoebe) |
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| 21 | 21
motion
Extension of Time to File Response/Reply
Wed 11/27 4:48 PM
MOTION for Extension of Time to File Response/Reply by Michelle Patrovani, Shanla Knight, New York City Department of Education, Keisha McCoy-Dailey. (Huth, Phoebe) |
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| Friday, November 22, 2024 | ||
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28
pgs
respoth
Memorandum in Opposition
Mon 11/25 1:27 PM
Plaintiff's MEMORANDUM In Opposition To Defendant's16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Luis Agosto. (MLR) |
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| Wednesday, October 23, 2024 | ||
| 19 | 19
misc
Letter
Fri 10/25 10:23 AM
Letter dtd. 10/23/2024 from pro se pltff. Luis Agosto to Judge Exhkenazi, requesting "the court issue an order directing deft. Michelle Patrovani's counsel provide the USMS with her last known address so she may be properly served." (MLR) |
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| Friday, October 18, 2024 | ||
| 18 | 18
motion
Extension of Time to File Response/Reply
Mon 10/21 5:53 PM
Letter MOTION for Extension of Time to File Response/Reply as to16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Luis Agosto. (MLR). (Pro Se Box.Com date:10/18/24). (MLR) |
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| Tuesday, September 24, 2024 | ||
| 17 | 17
service
Certificate of Service
Tue 09/24 4:31 PM
CERTIFICATE OF SERVICE by Shanla Knight, Keisha McCoy-Dailey, New York City Department of Education, Michelle Patrovani (Huth, Phoebe) |
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| 16 | 16
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Tue 09/24 4:26 PM
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Shanla Knight, Keisha McCoy-Dailey, New York City Department of Education, Michelle Patrovani. (Huth, Phoebe) |
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Att: 1
Memorandum in Support of Defendants' Motion to Dismiss to Complaint,
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Att: 2
Declaration in Support of Defendants' Motion to Dismiss the Complaint,
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Att: 3
Exhibit 1- EEOC Notice of Right to Sue Letter,
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Att: 4
Exhibit 2 - Supervising School Aide Posting,
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Att: 5
Exhibit 3 - SDHR Determination and Order,
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Att: 6
Rule 12.1 Notice
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| Friday, September 13, 2024 | ||
| 15 | 15
service
Summons Returned Unexecuted
Mon 09/16 4:46 PM
Summons Returned Unexecuted by Luis Agosto as to Michelle Patrovani. (SEE REMARKS ON USM-285 FORM) (VRM) |
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| 14 | 14
service
Summons Returned Executed
Mon 09/16 4:42 PM
SUMMONS Returned Executed by Luis Agosto. Shanla Knight served on 8/15/2024, answer due 9/5/2024. (VRM) (Main Document 14 replaced on 9/16/2024) (VRM) |
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| Friday, August 09, 2024 | ||
| 13 | 13
service
Summons Returned Executed
Fri 08/09 3:45 PM
SUMMONS Returned Executed by Luis Agosto. New York City Department of Education served on 7/16/2024, answer due 8/6/2024. (VRM) |
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| Thursday, August 01, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 08/01 8:15 AM
ORDER granting11 Letter Motion for Extension of Time to File Response/Reply. Defendant New York City Department of Education is hereby ordered to file their Answer by 09/24/2024. So Ordered by Magistrate Judge Lara K. Eshkenazi on 8/1/2024. (MED) |
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| Wednesday, July 24, 2024 | ||
| 12 | 12
misc
Affidavit/Affirmation
Wed 07/24 11:51 AM
AFFIDAVIT/AFFIRMATION of Service of Notice of Appearance and Letter Motion by New York City Department of Education (Huth, Phoebe) |
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| 11 | 11
motion
Extension of Time to File Response/Reply
Wed 07/24 9:58 AM
Letter MOTION for Extension of Time to File Response/Reply to Complaint by New York City Department of Education. (Huth, Phoebe) |
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| 10 | 10
notice
Notice of Appearance
Wed 07/24 9:51 AM
NOTICE of Appearance by Phoebe Linnea Agnew Huth on behalf of New York City Department of Education (aty to be noticed) (Huth, Phoebe) |
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| Monday, July 22, 2024 | ||
| 9 | 9
service
Summons Returned Executed
Mon 07/22 11:07 AM
SUMMONS Returned Executed by Luis Agosto. Keisha McCoy-Dailey served on 7/5/2024, answer due 7/26/2024. (VRM) |
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| Friday, July 19, 2024 | ||
| 8 | 8
service
Summons Issued
Fri 07/19 4:19 PM
Summons Issued as to Shanla Knight, Michelle Patrovani. (VRM) |
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| Wednesday, July 17, 2024 | ||
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order
Order(Other)
Wed 07/17 3:09 PM
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| Wednesday, June 26, 2024 | ||
| 7 | 7
misc
Letter
Thu 06/27 6:39 PM
Letter dtd. 6/26/24 from Luis Agosto to Clerk of Court, in response to dkt.6 , providing addresses for service of named defendants. (MLR) |
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utility
Case Assigned/Reassigned
Wed 06/26 11:01 AM
Case Reassigned to Magistrate Judge Lara K. Eshkenazi. Magistrate Judge Marcia M. Henry no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (ONF) |
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| Thursday, June 13, 2024 | ||
| 6 | 6
notice
Notice of Deficient Filing
Fri 06/14 11:16 AM
NOTICE OF DEFICIENT FILING as to Luis Agosto , litigant notified of deficiency(s) that must be corrected within fourteen (14) days . (MLR) (Main Document 6 replaced on 6/14/2024) (MLR) |
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| Wednesday, June 12, 2024 | ||
| 5 | 5
service
Summons Issued
Wed 06/12 2:44 PM
Summons Issued as to Keisha McCoy-Dailey, New York City Department of Education. (VRM) |
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| Monday, June 10, 2024 | ||
| 4 | 4
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 06/10 6:12 PM
ORDER granting 2 : Pro se Plaintiff's motion to proceed in forma pauperis is granted . The Clerk of Court is respectfully directed to issue a summons for Defendants. The United States Marshals Service is hereby directed to serve the summons, the complaint, and a copy of this Order upon the Defendants without prepayment of fees on or before July 1, 2024. See attached . The Clerk of Court is respectfully directed to restrict access to the IFP application to party-view only because Plaintiff includes the full names of his minor children on the application. See Fed. R. Civ. P. 5.2(a)(3). For information regarding court procedures, Plaintiff may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665. A copy of this Order shall be mailed to pro se Plaintiff at the address listed on the docket. So Ordered by Magistrate Judge Marcia M. Henry on 06/10/2024. (RA) |
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| Thursday, March 07, 2024 | ||
| 3 | 3
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)
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| 2 | 2
MOTION for Leave to Proceed in forma pauperis by Luis Agosto. (CV)
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| 1 | 1
COMPLAINT against Corporation Counsel for the City of New York, Keisha McCoy-Dailey, New York City Department of Education, P396K, filed by Luis Agosto. (CV) Modified on 3/14/2024 (CV).
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Att: 1
Civil Cover Sheet
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