Case: C.S. v. New York City Public Schools

Document ID 157048 C.S. v. New York City Public Schools

COMPLAINT against David C. Banks, New York City Public Schools. (Filing Fee $ 405.00, Receipt Number ANYSDC-30006992)Document filed by C.S., by her parent, K.S.;, C.I.R., by her parent, C.R.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;..(Metzler, Jeffrey) (Entered: 10/08/2024)

CIVIL COVER SHEET filed..(Metzler, Jeffrey) (Entered: 10/08/2024)

REQUEST FOR ISSUANCE OF SUMMONS as to David C. Banks, re: 1 Complaint,. Document filed by C.I.R., by her parent, C.R.;, C.S., by her parent, K.S.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;..(Metzler, Jeffrey) (Entered: 10/08/2024)

REQUEST FOR ISSUANCE OF SUMMONS as to New York City Public Schools, re: 1 Complaint,. Document filed by C.I.R., by her parent, C.R.;, C.S., by her parent, K.S.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;..(Metzler, Jeffrey) (Entered: 10/08/2024)

ELECTRONIC SUMMONS ISSUED as to David C. Banks. (vf) (Entered: 10/09/2024)

ELECTRONIC SUMMONS ISSUED as to New York City Public Schools. (vf) (Entered: 10/09/2024)

NOTICE OF APPEARANCE by Susan Joy Horwitz on behalf of C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Horwitz, Susan) (Entered: 10/09/2024)

NOTICE OF APPEARANCE by Spencer Young on behalf of C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Young, Spencer) (Entered: 10/09/2024)

Case Opening Initial Assignment Notice

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey Metzler. The party information for the following party/parties has been modified: C.S., by her parent, K.S.;, C.I.R., by her parent, C.R.;, H.B., by his parent, V.B.;, M.T., by her parent, N.T.;. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(vf)

Magistrate Judge Sarah Netburn 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Case Designation

Case Designated ECF. (vf)

Case Designated ECF

NOTICE OF APPEARANCE by Katherine M Groot on behalf of C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Groot, Katherine) (Entered: 10/10/2024)

AFFIDAVIT OF SERVICE. David C. Banks served on 10/10/2024, answer due 10/31/2024; New York City Public Schools served on 10/10/2024, answer due 10/31/2024. Document filed by C.I.R., by her parent, C.R.; C.S., by her parent, K.S.; H.B., by his parent, V.B.; M.T., by her parent, N.T...(Young, Spencer) (Entered: 10/15/2024)

Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 1/27/2025 at 12:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)

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ORDER:Pursuant to Rule 12(a) of the Federal Rules of Civil Procedure, the time for the defendants to answer was October 31, 2024. To date, no answers have been filed. The time for the defendants to answer or respond to the complaint is extended to November 14, 2024. Failure to respond to the complaint by this date could result in a default judgment being entered against the defendants. The plaintiff should serve a copy of this Order on the defendants and file proof of service on the docket by November 11, 2024. David C. Banks answer due 11/14/2024; New York City Public Schools answer due 11/14/2024. (Signed by Judge John G. Koeltl on 11/5/2024) (tro) (Entered: 11/06/2024)

NOTICE OF APPEARANCE by Kendra Elise Riddleberger on behalf of New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 11/06/2024)

FIRST LETTER MOTION for Extension of Time to Respond to the Complaint from Kendra Riddleberger dated November 6, 2024. Document filed by New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 11/06/2024)

ORDER granting 13 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 11/7/2024) (ks) (Entered: 11/07/2024)

CERTIFICATE OF SERVICE. Document filed by C.S., by her parent, K.S., M.T., by her parent, N.T., H.B., by his parent, V.B., C.I.R., by her parent, C.R.. (Attachments: # 1 Exhibit A- Email).(Metzler, Jeffrey) (Entered: 11/07/2024)

Set/Reset Deadlines

Set/Reset Deadlines: David C. Banks answer due 11/29/2024; New York City Public Schools answer due 11/29/2024. (ks)

SECOND LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge John G. Koeltl from Kendra Riddleberger dated November 25, 2024. Document filed by New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 11/25/2024)

ORDER granting 16 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 11/26/2024) (ks) (Entered: 11/26/2024)

Set/Reset Deadlines

Set/Reset Deadlines: David C. Banks answer due 12/12/2024; New York City Public Schools answer due 12/12/2024. (ks)

LETTER MOTION for Conference re: 1 Complaint, dismissal addressed to Judge John G. Koeltl from Kendra Riddleberger dated December 12, 2024. Document filed by New York City Public Schools, David C. Banks..(Riddleberger, Kendra) (Entered: 12/12/2024)

ORDER granting 18 Motion for Conference. The parties are directed to appear, by phone, for a pre-motion conference on Wednesday, December 18, 2024 at 3:30 p.m. Dial-in: 646-453-4442, with access code 67527833#. The Clerk is directed to close ECF No. 18. SO ORDERED.. (Signed by Judge John G. Koeltl on 12/13/2024) Telephone Conference set for 12/18/2024 at 03:30 PM before Judge John G. Koeltl. (ks) (Entered: 12/13/2024)

ORDER: The parties are directed to submit a joint proposal regarding any amended complaint or motion to dismiss by Friday, December 20, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 12/18/2024) (mml) (Entered: 12/19/2024)

JOINT LETTER addressed to Judge John G. Koeltl from Jeffrey P. Metzler dated December 20, 2024 re: parties joint proposed deadlines. Document filed by C.S., by her parent, K.S., M.T., by her parent, N.T., H.B., by his parent, V.B., C.I.R., by her parent, C.R...(Metzler, Jeffrey) (Entered: 12/20/2024)

MEMO ENDORSEMENT on re: 21 Letter, filed by C.S., by her parent, K.S., H.B., by his parent, V.B., M.T., by her parent, N.T., C.I.R., by her parent, C.R. ENDORSEMENT: The schedule is approved. The Court will hold a telephone conference with the parties on 2/13/2024 at 3:30 P.M. SO ORDERED. (Signed by Judge John G. Koeltl on 12/23/2024) (Admissions due by 1/8/2025., Responses due by 2/3/2025, Replies due by 2/28/2025., Telephone Conference set for 2/13/2024 at 03:30 PM in telephone or video conference before Judge John G. Koeltl.) (ar) (Entered: 12/23/2024)

AMENDED COMPLAINT amending 1 Complaint, against New York City Public Schools, Melissa Aviles-Ramos with JURY DEMAND.Document filed by C.I.R., by her parent, C.R., C.S., by her parent, K.S., H.B., by his parent, V.B., M.T., by her parent, N.T.. Related document: 1 Complaint,..(Metzler, Jeffrey) (Entered: 01/08/2025)

NOTICE OF APPEARANCE by Sarah Marie Rowan on behalf of C.S., by her parent, K.S., M.T., by her parent, N.T., H.B., by his parent, V.B., C.I.R., by her parent, C.R...(Rowan, Sarah) (Entered: 01/09/2025)

ORDER The conference scheduled for Monday, January 27, 2025, at 12:30pm, is canceled.SO ORDERED. (Signed by Judge John G. Koeltl on 1/21/2025) (jjc) (Entered: 01/22/2025)

MEMO ENDORSEMENT on re: 22 Memo Endorsement, ENDORSEMENT: AMENDED ENDORSEMENT The schedule is approved. The Court will hold a telephone conference with the parties on 2/13/2024 at 3:30 P.M. SO ORDERED. (Signed by Judge John G. Koeltl on 1/22/2025) Melissa Aviles-Ramos answer due 2/3/2025; New York City Public Schools answer due 2/3/2025.( Amended Pleadings due by 1/8/2025., Motions due by 2/3/2025., Responses due by 2/28/2025, Replies due by 3/14/2025., Telephone Conference set for 2/13/2025 at 03:30 PM before Judge John G. Koeltl.) (ks) (Entered: 01/22/2025)

FIRST LETTER MOTION for Extension of Time to file Motion to Dismiss addressed to Judge John G. Koeltl from Kendra Riddleberger dated January 29, 2025. Document filed by New York City Public Schools, Melissa Aviles-Ramos..(Riddleberger, Kendra) (Entered: 01/29/2025)

ORDER granting 27 Letter Motion for Extension of Time APPLICATION GRANTED SO ORDERED. Motions due by 2/14/2025.. (Signed by Judge John G. Koeltl on 1/30/2025) (jca) (Entered: 01/30/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Responses due by 3/14/2025 Replies due by 3/28/2025. (jca)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge John G. Koeltl on 2/13/2025) (tg) (Entered: 02/14/2025)

ORDER: Discovery is stayed in this action pending the Court's decision on the defendants' anticipated motion to dismiss. SO ORDERED. (Signed by Judge John G. Koeltl on 2/13/2025) (tg)

Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 2/13/2025 at 03:30 PM before Judge John G. Koeltl. Dial-in: 646 453-4442, with Conference ID 675 278 33#. (Fletcher, Donnie)

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Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 2/13/2025. (Fletcher, Donnie)

Telephone Conference

MOTION to Dismiss the Amended Complaint. Document filed by New York City Public Schools, Melissa Aviles-Ramos..(Riddleberger, Kendra) (Entered: 02/14/2025)

MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss the Amended Complaint. . Document filed by New York City Public Schools, Melissa Aviles-Ramos..(Riddleberger, Kendra) (Entered: 02/14/2025)

DECLARATION of Kendra Riddleberger in Support re: 31 MOTION to Dismiss the Amended Complaint.. Document filed by New York City Public Schools, Melissa Aviles-Ramos. (Attachments: # 1 Exhibit 124 LRP 25144, # 2 Exhibit 124 LRP 42708, # 3 Exhibit 121 LRP 27673).(Riddleberger, Kendra) (Entered: 02/14/2025)

ORDER: On February 13, 2025, the Honorable John G. Koeltl assigned this matter to my docket for settlement. By February 25, 2025, the parties are directed to email Courtroom Deputy Diljah Shaw at Diljah_Shaw@nysd.uscourts.gov with three mutuall y convenient dates to schedule a settlement conference. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute req uests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/18/2025) (dsh)

SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, April 21, 2025, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by email to Netburn_NYSDChambers@nysd.uscourts.gov, by Monday, April 14, 2025. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. SO ORDERED. Settlement Conference set for 4/21/2025 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 2/21/2025) (dsh) (Entered: 02/21/2025)

MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss the Amended Complaint. . Document filed by C.S., by her parent, K.S., M.T., by her parent, N.T., H.B., by his parent, V.B., C.I.R., by her parent, C.R...(Metzler, Jeffrey) (Entered: 03/14/2025)

MOTION for Katherine Groot to Withdraw as Attorney . Document filed by C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Reznik, Alla) (Entered: 03/27/2025)

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Reznik, Alla) (Entered: 03/27/2025)

CERTIFICATE OF SERVICE of Motion to Withdraw as Attorney served on KENDRA RIDDLEBERGER on 3/27/2025. Service was made by electronic mail. Document filed by C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Reznik, Alla) (Entered: 03/27/2025)

CERTIFICATE OF SERVICE of Motion to Withdraw as Attorney served on CS, MT, HB, and CIR, by their Parents on 3/27/2025. Service was made by Mail. Document filed by C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T...(Reznik, Alla) (Entered: 03/27/2025)

ORDER GRANTING MOTION TO WITHDRAW KATHERINE GROOT AS COUNSEL granting 37 MOTION for Katherine Groot to Withdraw as Attorney. The motion to withdraw the appearance of Katherine Groot as counsel of record on behalf of Plaintiffs., pursuant to Local Civil Rule 1.4 of this Court, in the above-captioned action, and for removal of Katherine Groot from the CM/ECF service list for this matter, is hereby GRANTED. Attorney Katherine M Groot terminated. (Signed by Judge John G. Koeltl on 3/28/2025) (jca) (Entered: 03/28/2025)

REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss the Amended Complaint. . Document filed by Melissa Aviles-Ramos, New York City Public Schools..(Riddleberger, Kendra) (Entered: 03/28/2025)

LETTER addressed to Judge John G. Koeltl from Jeffrey Metzler dated April 7, 2025 re: a recent opinion issued in L.T. v. N.Y.C. Dept of Education. Document filed by C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T.. (Attachments: # 1 Exhibit Opinion dated March 24, 2025).(Metzler, Jeffrey) (Entered: 04/07/2025)

Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 4/21/2025. (dsh)

Settlement Conference

SETTLEMENT CONFERENCE ORDER: Defendants have indicated that they wish to schedule another in-person settlement conference rather than proceeding with ex parte conference calls. Accordingly, a settlement conference is scheduled for Tuesday, August 12, 2025, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. If this date is unavailable for any party or if any party does not believe a second settlement conference would be productive, they must contact Courtroom Deputy Diljah Shaw immediately at Diljah_Shaw@nysd.uscourts.gov. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by email to Netburn_NYSDChambers@nysd.uscourts.gov, by Tuesday, August 5, 2025. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. SO ORDERED. Settlement Conference set for 8/12/2025 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 6/9/2025) (dsh) (Entered: 06/09/2025)

LETTER addressed to Judge John G. Koeltl from Jeffrey Metzler dated 06/20/2025 re: a recent opinion in A.J.T. Document filed by C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T.. (Attachments: # 1 Exhibit A - A.J.T Opinion).(Metzler, Jeffrey) (Entered: 06/20/2025)

SETTLEMENT CONFERENCE ORDER: A follow-up settlement conference is scheduled for Friday, September 26, 2025, at 2:00 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties shall submit ex parte settlement letters by email to Netburn_NYSDChambers@nysd.uscourts.gov, by September 19, 2025. SO ORDERED. Settlement Conference set for 9/26/2025 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 8/12/2025) (dsh) (Entered: 08/12/2025)

Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 8/12/2025. (dsh)

Settlement Conference

MEMORANDUM OPINION AND ORDER re: 31 MOTION to Dismiss the Amended Complaint. filed by Melissa Aviles-Ramos, New York City Public Schools. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motion to dismiss is granted. The Clerk is respectfully requested to enter judgment dismissing this case without prejudice. The Clerk is also directed to close this case and to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 9/4/2025) (ks) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/04/2025)

CLERK'S JUDGMENT re: 47 Memorandum & Opinion in favor of New York City Public Schools, Melissa Aviles-Ramos against C.S., by her parent, K.S., H.B., by his parent, V.B., C.I.R., by her parent, C.R., M.T., by her parent, N.T. It is hereby ORD ERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated September 4, 2025, the defendants' motion to dismiss is granted. Judgment entered dismissing this case without prejudice. Accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 9/5/2025) (Attachments: # 1 Appeal Package) (tp)

Notice of Appeal

Transmission of Notice of Appeal and Docket Sheet to USCA

Appeal Record Sent to USCA - Electronic File

Scheduling Order

Settlement Conference

Scheduling Order

Settlement Conference