New York Eastern District Court
Judge:Eric R Komitee
Case #: 1:24-cv-02920
Nature of Suit442 Civil Rights - Employment
Cause28:451 Employment Discrimination
Case Filed:Apr 18, 2024
Last checked: Tuesday Oct 15, 2024 4:25 AM EDT
Defendant
New York City Department of Education
Represented By
Karen Rhau
New York City Law Department
contact info
Laura Christine Williams
contact info
Plaintiff
Christopher Draghi
Represented By
Matthew Ian Marks
Ricotta & Marks, P.C.
contact info
Thomas Ricotta
Ricotta & Marks, P.C.
contact info


Docket last updated: 3 hours ago
Thursday, November 07, 2024
17 17 respoth Reply in Support Thu 11/07 4:30 PM
REPLY in Support filed by New York City Department of Education. (Rhau, Karen)
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Tuesday, October 22, 2024
order Order on Motion for Extension of Time to File Response/Reply Tue 10/22 10:19 AM
ORDER granting16 Motion for Extension of Time to File Response/Reply. Defendant New York City Department of Education's deadline to file a reply to Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss15 is extended to November 7, 2024. Ordered by Judge Eric R. Komitee on 10/22/2024. (CAM)
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Thursday, October 17, 2024
16 16 motion Extension of Time to File Response/Reply Thu 10/17 1:14 PM
First MOTION for Extension of Time to File Response/Reply by New York City Department of Education. (Rhau, Karen)
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Thursday, September 26, 2024
15 15 25 pgs respoth Memorandum in Opposition Thu 09/26 12:29 PM
MEMORANDUM in Opposition re12 MOTION to Dismiss for Failure to State a Claim filed by Christopher Draghi. (Marks, Matthew)
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Att: 1 Declaration Declaration of Matthew Marks,
Att: 2 Exhibit Ex. A closure letter from SDHR
Wednesday, September 18, 2024
minutes Initial Conference Hearing Thu 09/19 3:32 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: A video initial conference was held on 09/18/2024. Matthew Marks appeared on behalf of the Plaintiff. Karen Rhau appeared on behalf of the Defendant. For the reasons stated on the record, discovery is stayed on consent pending the resolution of Defendant's Motion to Dismiss. Additionally, as discussed, the parties' proposed discovery plan indicates that they consent to the undersigned magistrate judge's jurisdiction for this case. If the parties intend to so consent, then all parties must file a jointly completed and signed consent form. See ECF No.3 ; see also Notice of Option to Consent to Magistrate Jurisdiction (available at[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] ). Any party may withhold its consent without adverse substantive consequences. So Ordered by Magistrate Judge Marcia M. Henry on 09/18/2024. (Zoom Log # 10:05AM-10:15AM) (SY)
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Wednesday, September 11, 2024
14 14 misc Proposed Scheduling Order Wed 09/11 3:37 PM
Proposed Scheduling Order by Christopher Draghi (Marks, Matthew)
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order Scheduling Order 1 - Terminate Hearings Wed 09/11 4:52 PM
ORDER: The 09/18/2024 in-person initial conference is converted to a video initial conference . Pro se litigants and counsel for each represented party shall appear by video. Case participants shall join the video call ten (10) minutes before the conference and shall use the Zoom invitation link sent to the email addresses listed on the docket. To access this conference telephonically, the phone number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 161 266 0923 and then press #. (2) Press # again. (3) Enter the passcode: 273988 . Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office or the assigned Court Reporter. So Ordered by Magistrate Judge Marcia M. Henry on 09/11/2024. (SY)
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Tuesday, September 03, 2024
order Order on Motion for Extension of Time to File Response/Reply Tue 09/03 5:19 PM
ORDER: The plaintiff's motion for an extension of time13 is granted on the consent of all parties. The plaintiff's opposition memorandum shall be filed by September 26, 2024; the defendant's reply shall be filed by October 22, 2024. All submissions shall be made in accordance with the Court's Individual Rules. See Judge Komitee's Individual Civil Rule II.C. Ordered by Judge Eric R. Komitee on 9/3/2024. (PMC)
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Wednesday, August 28, 2024
13 13 motion Extension of Time to File Response/Reply Wed 08/28 5:06 PM
MOTION for Extension of Time to File Response/Reply (Seeking the Court to So Order an Agreed Upon Briefing Schedule for Defendant's Motion to Dismiss) by Christopher Draghi. (Ricotta, Thomas)
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Friday, August 23, 2024
misc Consent to Jurisdiction by US Magistrate Judge - Declined Fri 08/23 2:01 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SY)
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utility Case Assigned/Reassigned Case Referred to Magistrate Judge Fri 08/23 2:50 PM
Case Reassigned to Judge Eric R. Komitee and Magistrate Judge Marcia M. Henry. 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. (BBM)
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Thursday, August 22, 2024
12 12 motion Dismiss for Failure to State a Claim Thu 08/22 6:37 PM
MOTION to Dismiss for Failure to State a Claim by The City of New York Department of Education. (Rhau, Karen)
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Att: 1 Memorandum in Support,
Att: 2 Declaration,
Att: 3 Exhibit A - Plaintiff's First SDHR Complaint,
Att: 4 Exhibit B - Decision on Plaintiff's First SDHR Complaint,
Att: 5 Exhibit C - Plaintiff's Second SDHR Complaint,
Att: 6 Exhibit D - Decision on Plaintiff's Second SDHR Complaint,
Att: 7 Exhibit E - Notice of Claim,
Att: 8 Exhibit F - SCI Report
Wednesday, July 31, 2024
order Order on Motion for Extension of Time to File Wed 07/31 9:23 AM
ORDER granting 11 : The deadline for Defendant New York City Department of Education to answer or otherwise respond to the Amended Complaint is extended to 08/22/2024 , on consent. So Ordered by Magistrate Judge Marcia M. Henry on 07/31/2024. (RA)
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Tuesday, July 30, 2024
11 11 motion Extension of Time to File Document Tue 07/30 1:14 PM
Second MOTION for Extension of Time to File by The City of New York Department of Education. (Rhau, Karen)
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Wednesday, July 17, 2024
10 10 order Scheduling Order Wed 07/17 7:02 PM
SCHEDULING ORDER: An in-person initial conference will be held on 09/18/2024 at 10:00AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/11/2024 , the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: [LINK:https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf] ). So Ordered by Magistrate Judge Marcia M. Henry on 07/17/2024. (SY)
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Att: 1 Individual Practice Rules,
Att: 2 Proposed Discovery Plan
Thursday, June 20, 2024
9 9 notice Notice of Appearance Thu 06/20 11:24 AM
NOTICE of Appearance by Karen Rhau on behalf of The City of New York Department of Education (aty to be noticed) (Rhau, Karen)
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Friday, June 07, 2024
order Order on Motion for Extension of Time to File Fri 06/07 9:27 AM
ORDER granting 8 : The deadline for Defendant New York City Department of Education to answer or otherwise respond to the Complaint is extended to 08/05/2024 , on consent. So Ordered by Magistrate Judge Marcia M. Henry on 06/07/2024. (RA)
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Thursday, June 06, 2024
8 8 motion Extension of Time to File Document Thu 06/06 6:07 PM
First MOTION for Extension of Time to File response to the amended complaint by The City of New York Department of Education. (Williams, Laura)
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7 7 notice Notice of Appearance Thu 06/06 6:06 PM
NOTICE of Appearance by Laura Christine Williams on behalf of The City of New York Department of Education (aty to be noticed) (Williams, Laura)
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Monday, April 22, 2024
6 6 cmp Amended Complaint Mon 04/22 5:56 PM
AMENDED COMPLAINT against The City of New York Department of Education, filed by Christopher Draghi. (Marks, Matthew)
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Att: 1 Exhibit Ex. A Right to Sue letter
Friday, April 19, 2024
5 5 service Summons Issued Fri 04/19 8:31 AM
Summons Issued as to The City of New York Department of Education. (KD)
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4 4 misc Quality Control Check - Attorney Case Opening Fri 04/19 8:27 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
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3 3 notice Notice of Opportunity to Consent Fri 04/19 8:25 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (KD)
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utility Case Assigned/Reassigned Fri 04/19 8:22 AM
Case Assigned to Magistrate Judge Marcia M. Henry. 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. (KD)
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Thursday, April 18, 2024
2 2 misc Proposed Summons/Civil Cover Sheet Thu 04/18 5:55 PM
Proposed Summons.Civil Cover Sheet.. Re1 Complaint by Christopher Draghi (Marks, Matthew)
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Att: 1 Civil Cover Sheet
1 1 cmp Complaint Thu 04/18 5:54 PM
COMPLAINT against The City of New York Department of Education filing fee $ 405, receipt number ANYEDC-17789173 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Christopher Draghi. (Marks, Matthew)
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