Moonsammy et al v. Banks et al

New York Southern District Court
Judge:Paul A Engelmayer
Case #: 1:24-cv-02616
Nature of Suit448 Civil Rights - Education
Cause20:1400 IDEA: Individuals With Disabilities Education Act (short title)
Case Filed:Apr 06, 2024
Last checked: Monday Apr 08, 2024 1:11 AM EDT
Defendant
David C. Banks
Defendant
NEW YORK CITY DEPARTMENT OF EDUCATION
Plaintiff
Cindy Moonsammy
Represented By
Ataur Raquib
Brain Injury Rights Group, Ltd.
contact info
Plaintiff
Kemraj Moonsammy
Represented By
Ataur Raquib
Brain Injury Rights Group, Ltd.
contact info


Docket last updated: 3 hours ago
Monday, April 29, 2024
16 16 motion Extension of Time Mon 04/29 5:24 PM
CONSENT LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Eric Teszler dated April 29, 2024. Document filed by David C. Banks, New York City Department Of Education,..(Teszler, Eric)
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Thursday, April 25, 2024
15 15 2 pgs order Order on Motion for Extension of Time to File Response/Reply Fri 04/26 9:15 AM
ORDER granting14 Letter Motion for Extension of Time to File Response/Reply re14 CONSENT LETTER MOTION for Extension of Time to File Response/Reply Nunc Pro Tunc to Plaintiffs' Motion for Preliminary Injunction (ECF No. 9) addressed to Judge Paul A. Engelmayer from Eric Teszler.,9 MOTION for Preliminary Injunction in Support of Proposed Order to Show Cause . GRANTED. Plaintiffs' reply is due May 6, 2024. SO ORDERED. Replies due by 5/6/2024. (Signed by Judge Paul A. Engelmayer on 4/25/2024) (tg)
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Wednesday, April 24, 2024
14 14 motion Extension of Time to File Response/Reply Wed 04/24 4:35 PM
CONSENT LETTER MOTION for Extension of Time to File Response/Reply Nunc Pro Tunc to Plaintiffs' Motion for Preliminary Injunction (ECF No. 9) addressed to Judge Paul A. Engelmayer from Eric Teszler. Document filed by David C. Banks, New York City Department Of Education,..(Teszler, Eric)
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Thursday, April 18, 2024
13 13 service Affidavit of Service Other Thu 04/18 3:23 PM
AFFIDAVIT OF SERVICE of Complaint, Summons, Exhibits, Memorandum of Law, Hon. Judge Engelmayer's Order, and Civil Docket served on David c. Banks, New York City Department of Education on April 16, 2024 & April 18, 2024. Document filed by Cindy Moonsammy(as Parents and Natural Guardians of A.M.), Cindy Moonsammy(Individually), Kemraj Moonsammy(Individually), Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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Att: 1 Supplement Proof of Service of Summons, Complaint, Exhibits, Memorandum of Law, and Judge Engelmayer's Order on Defendants,
Att: 2 Supplement Proof of Service of Civil Docket on Defendants
12 12 notice Notice of Appearance Thu 04/18 2:36 PM
NOTICE OF APPEARANCE by Eric M. Teszler on behalf of David C. Banks, New York City Department Of Education,..(Teszler, Eric)
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Tuesday, April 16, 2024
11 11 1 pgs order Order on Motion for Preliminary Injunction Tue 04/16 9:49 AM
ORDER with respect to9 Motion for Preliminary Injunction. The Court has received a motion for preliminary injunction in the above-captioned case. Dkt. 9. Defendants have not yet appeared in this action. Plaintiffs are instructed to serve on defendants, by April 23, 2024, the complaint, summons, motion for preliminary injunction, and this order on defendants, and to file on the docket of this case forthwith an affidavit of service attesting to as much. Defendants are instructed to respond to plaintiffs' motion for preliminary injunction within seven days of receiving such documents. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/16/2024) (va)
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utility Case Accepted as Related Tue 04/16 8:47 AM
CASE ACCEPTED AS RELATED. Create association to 1:23-cv-10491-PAE. Notice of Assignment to follow. (tro)
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notice Notice of Case Assignment/Reassignment Tue 04/16 8:48 AM
NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(tro)
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utility Case Designation Tue 04/16 8:49 AM
Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (tro)
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misc Notice to Court Regarding Proposed Order Tue 04/16 12:00 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 8 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp)
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Friday, April 12, 2024
10 10 respm Declaration in Support of Motion Fri 04/12 9:48 PM
DECLARATION of Ataur Raquib in Support re:9 MOTION for Preliminary Injunction in Support of Proposed Order to Show Cause .. Document filed by Cindy Moonsammy(as Parents and Natural Guardians of A.M.), Cindy Moonsammy(Individually), Kemraj Moonsammy(Individually), Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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Att: 1 Exhibit Plaintiff's DPC filed December 6, 2023 (Redacted)
9 9 motion Preliminary Injunction Fri 04/12 9:45 PM
MOTION for Preliminary Injunction in Support of Proposed Order to Show Cause . Document filed by Cindy Moonsammy(as Parents and Natural Guardians of A.M.), Cindy Moonsammy(Individually), Kemraj Moonsammy(Individually), Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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8 8 misc Proposed Order to Show Cause With Emergency Relief Fri 04/12 9:43 PM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Cindy Moonsammy(as Parents and Natural Guardians of A.M.), Cindy Moonsammy(Individually), Kemraj Moonsammy(Individually), Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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Monday, April 08, 2024
7 7 misc Civil Cover Sheet Mon 04/08 1:10 PM
CIVIL COVER SHEET filed..(Raquib, Ataur)
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6 6 service Acknowledgment of Service Complaints Mon 04/08 1:07 PM
ACKNOWLEDGMENT OF SERVICE Summons and Complaint,, served. David C. Banks served on 4/8/2024, answer due 4/29/2024; New York City Department Of Education, served on 4/8/2024, answer due 4/29/2024. Document filed by Kemraj Moonsammy(Individually); Cindy Moonsammy(as Parents and Natural Guardians of A.M.); Cindy Moonsammy(Individually); Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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5 5 service Summons Issued Mon 04/08 11:34 AM
ELECTRONIC SUMMONS ISSUED as to David C. Banks, New York City Department Of Education,..(pc)
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notice Case Opening Initial Assignment Notice Mon 04/08 11:22 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)
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utility Case Designated ECF Mon 04/08 11:22 AM
Case Designated ECF. (pc)
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utility Case Referred as Possibly Related/Similar Mon 04/08 11:23 AM
CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 23cv10491 (pc)
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misc Notice to Attorney Regarding Party Modification Mon 04/08 11:23 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ataur Raquib. The party information for the following party/parties has been modified: NEW YORK CITY DEPARTMENT OF EDUCATION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Mon 04/08 11:23 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ataur Raquib to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
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Saturday, April 06, 2024
4 4 service Request for Issuance of Summons Sat 04/06 2:31 AM
REQUEST FOR ISSUANCE OF SUMMONS as to David C. Banks, New York City Department of Education, re:1 Complaint,,. Document filed by Cindy Moonsammy(as Parents and Natural Guardians of A.M.), Cindy Moonsammy(Individually), Kemraj Moonsammy(Individually), Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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3 3 misc Related Case Affidavit/Affirmation Sat 04/06 2:24 AM
RELATED CASE AFFIRMATION of Ataur Raquib re: that this action be filed as related to 23-cv-10491. Document filed by Cindy Moonsammy(as Parents and Natural Guardians of A.M.), Cindy Moonsammy(Individually), Kemraj Moonsammy(Individually), Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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2 2 misc Civil Cover Sheet Sat 04/06 2:20 AM
CIVIL COVER SHEET filed..(Raquib, Ataur)
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1 1 cmp Complaint Sat 04/06 2:15 AM
COMPLAINT against David C. Banks, NEW YORK CITY DEPARTMENT OF EDUCATION. (Filing Fee $ 405.00, Receipt Number ANYSDC-29184493)Document filed by Kemraj Moonsammy(Individually), Cindy Moonsammy(as Parents and Natural Guardians of A.M.), Cindy Moonsammy(Individually), Kemraj Moonsammy(as Parents and Natural Guardians of A.M.)..(Raquib, Ataur)
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Att: 1 Exhibit FOFD in IHO Case No. 240516,
Att: 2 Exhibit SRO Decision No. 23-102,
Att: 3 Exhibit A.M.'s iBRAIN Enrollment Agreement,
Att: 4 Exhibit A.M.'s Special Transportation Agreement,
Att: 5 Exhibit A.M.'s Nursing Agreement