Chinese American Citizens Alliance Greater New York et al v. New York City Department Of Education, et al
| Xuhui Ni, Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, Lucas Liu, George Lee and Phillip Yan Hing Wong |
| John Doe No. 6, John Doe No. 8, City of New York, John Doe No. 5, Chancellor Richard A. Carranza, Police Officer John Doe No. 4, Mayor Bill De Blasio, Jason Marino, New York City Department Of Education,, John Doe No. 2, Police Officer John Doe No. 3, John Doe No. 7 and John Doe No. 3 |
| 1:2020cv08964 |
| October 27, 2020 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 23
ORDER granting #22 FIRST LETTER MOTION for Extension of Time or to Strike Defendant City's Submission. On October 29, 2020, the Court directed the parties to show cause, on or before November 11, 2020, why this action should not be dismissed insofar as it is brought against the New York City Department of Education, which appears not to be a suable entity distinct from the City of New York and that the relevant proper non-City entity, if any, is The Board of Education of the City of New York or any successor thereto. The order further provided that any responsive papers and, thereafter, reply papers were to be filed on or before November 18 and 25, respectively. Plaintiff responded to the order to show cause on November 11. The defendants did not. Rather, they sought an extension until November 25, 2020 to respond to plaintiffs submission. On November 25, 2020, the City - but no other defendants - filed what purported to be a Reply to plaintiffs opposition brief to the Court's order to show cause. But it was not a response to plaintiffs opposition brief or to the order to show cause. Rather, it argues that the tenth cause of action, insofar as it "pertain[ s] to the care, maintenance and safekeeping of the New York City Department of Education premises and to the alleged negligence/conduct of the employees of the New York City Department of Education." As plaintiffs motion to strike (Dkt 22) points out, this document is unresponsive to both the order to show cause and plaintiffs opposition except that it parenthetically admits that the Board of Education of the City of New York (the "Board") continues to exist and implies - by the repeated circumlocution "Department/Board" to refer to either or both of the Board and the so-called Department of Education - that the so-called Department and the Board are one and the same. Accordingly, plaintiffs motion to strike the City's memorandum, the latter of which is Dkt 21, is granted. Dkt 21 is stricken without prejudice to a proper motion to dismiss the tenth cause of action in whole or in part. Moreover, inasmuch as the defendants have not responded at all to the order to show cause, the Court takes that motion under submission. No further filings on that issue will be considered. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/30/2020) (jca)
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| Filing 22 FIRST LETTER MOTION for Extension of Time or to Strike Defendant City's Submission addressed to Judge Lewis A. Kaplan from Laura Dawn Barbieri dated November 30, 2020. Document filed by Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, George Lee, Lucas Liu, Xuhui Ni, Phillip Yan Hing Wong..(Barbieri, Laura) |
| Filing 21 ***STRICKEN DOCUMENT. Deleted document number from the case record. The document was stricken from this case pursuant to #23 Order. (jca) BRIEF and Memorandum of Law in Response to the Order to Show Cause Dated October 29, 2020. Document filed by City of New York..(Ridgeway, Thais) Modified on 11/30/2020 (jca). Modified on 11/30/2020 (jca). |
| Filing 20 NOTICE OF APPEARANCE by Thais R. Ridgeway on behalf of Richard A. Carranza, City of New York, Bill De Blasio, New York City Department Of Education,..(Ridgeway, Thais) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer; granting #18 Letter Motion for Extension of Time to File Response/Reply. Requested time extensions granted. SO ORDERED. Richard A. Carranza answer due 1/19/2021; City of New York answer due 1/19/2021; Bill De Blasio answer due 1/19/2021; Jason Marino answer due 1/19/2021; New York City Department Of Education, answer due 1/19/2021; (Replies due by 11/25/2020.). (Signed by Judge Lewis A. Kaplan on 11/18/2020) (jca)
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| Filing 18 FIRST LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Lewis A. Kaplan from Stephanie De Angelis dated 11/17/2020., FIRST LETTER MOTION for Extension of Time to File Response/Reply to plaintiffs Opposition Brief to the Courts Order to Show Cause addressed to Judge Lewis A. Kaplan from Stephanie De Angelis dated 11/17/2020. Document filed by Richard A. Carranza, City of New York, Bill De Blasio, New York City Department Of Education,..(De Angelis, Stephanie) |
| Filing 17 NOTICE OF APPEARANCE by Stephanie De Angelis on behalf of City of New York..(De Angelis, Stephanie) |
| Filing 16 OPPOSITION BRIEF to ORDER TO SHOW CAUSE. Document filed by Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, George Lee, Lucas Liu, Xuhui Ni, Phillip Yan Hing Wong..(Barbieri, Laura) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,. Jason Marino served on 10/30/2020, answer due 11/20/2020; New York City Department Of Education, served on 10/30/2020, answer due 11/20/2020; Richard A. Carranza served on 10/30/2020, answer due 11/20/2020; City of New York served on 10/30/2020, answer due 11/20/2020; Bill De Blasio served on 10/30/2020, answer due 11/20/2020. Service was accepted by Law Department Email Box ServiceECF@law.nyc.gov. Document filed by Chinese American Citizens Alliance Greater New York., SUMMONS RETURNED EXECUTED Summons and Complaint, served. Jason Marino served on 10/30/2020, answer due 11/20/2020; New York City Department Of Education, served on 10/30/2020, answer due 11/20/2020; Richard A. Carranza served on 10/30/2020, answer due 11/20/2020; City of New York served on 10/30/2020, answer due 11/20/2020; Bill De Blasio served on 10/30/2020, answer due 11/20/2020. Service was accepted by Law Department Email Box ServiceECF@law.nyc.gov. Document filed by Chinese American Citizens Alliance Greater New York. (Attachments: #1 Law Dept. Proof of Service Receipt and Memo Regarding Service of Process).(Barbieri, Laura) |
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Filing 14
ORDER TO SHOW CAUSE: Plaintiffs shall show cause, on or before November 11, 2020, why this action should not be dismissed insofar as it is brought against the New York City Department of Education, which appears not to be a suable entity distinct from the City of New York and, and that the relevant proper non-City entity, if any, is The Board of Education of the City of New York or any successor thereto. See, e.g., Ximenes v. George Wingate High School, 516 F.3d 156, 159-60 (2d Cir. 2008); Jenkins v. City of New York, 478 F.3d 76, 93 n.19 (2d Cir. 2007); Perez ex rel. Torres v. City of New York, 41 A.D.3d 378,837 N.Y.S.2d 571 (1st Dept. 2007); Nacipucha v. City of New York, 18 M.3d 846, 849 N.Y.S.2d 414 (Sup. Ct. Bronx Co. 2008); N.Y.C. CHARTER Ch. 17 396 ("All actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the City of New York and not in that of any agency, except where otherwise provided by law"). Any responsive papers shall be filed on or before November 18, 2020. Reply papers, if any, shall be served on or before November 25, 2020. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/29/2020) (jca)
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| Set/Reset Deadlines: Show Cause Response due by 11/18/2020. (jca) |
| Filing 13 LETTER from T. Komatsu, dated 10/28/20 re: I am an Asian-American U.S. Navy veteran, and I am filing this letter to you to request to be granted intervention as of right pursuant to Federal Rule of Civil Procedure Rule 24(a)(2) or permissive intervention pursuant to FRCP Rule 24(b) in order to intervene in the case referenced above as an interested party etc. (sc) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Richard A. Carranza..(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to New York City Department Of Education,..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Jason Marino..(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to City of New York..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Bill De Blasio..(jgo) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Jason Marino, re: #1 Complaint,. Document filed by Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, George Lee, Lucas Liu, Xuhui Ni, Phillip Yan Hing Wong..(Barbieri, Laura) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Bill De Blasio, re: #1 Complaint,. Document filed by Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, George Lee, Lucas Liu, Xuhui Ni, Phillip Yan Hing Wong..(Barbieri, Laura) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Richard A. Carranza, re: #1 Complaint,. Document filed by Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, George Lee, Lucas Liu, Xuhui Ni, Phillip Yan Hing Wong..(Barbieri, Laura) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, George Lee, Lucas Liu, Xuhui Ni, Phillip Yan Hing Wong..(Barbieri, Laura) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Education, re: #1 Complaint,. Document filed by Chinese American Citizens Alliance Greater New York, Siu-Lin Linda Lam, George Lee, Lucas Liu, Xuhui Ni, Phillip Yan Hing Wong..(Barbieri, Laura) |
| Filing 2 CIVIL COVER SHEET filed..(Barbieri, Laura) |
| Filing 1 COMPLAINT against Richard A. Carranza, City of New York, Bill De Blasio, John Doe No. 2, John Doe No. 3, John Doe No. 4, John Doe No. 5, John Doe No. 6, John Doe No. 7, John Doe No. 8, Jason Marino, New York City Department Of Education,. (Filing Fee $ 400.00, Receipt Number ANYSDC-22327762)Document filed by Xuhui Ni, Siu-Lin Linda Lam, Phillip Yan Hing Wong, Chinese American Citizens Alliance Greater New York, Lucas Liu, George Lee..(Barbieri, Laura) |
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