New York Eastern District Court
Judge:Eric R Komitee
Referred: Joseph A Marutollo
Case #: 1:21-cv-00048
Nature of Suit442 Civil Rights - Employment
Cause42:2000e2o
Case Filed:Jan 05, 2021
Terminated:Aug 12, 2024
Case in other court:New York Southern, 1:20-cv-10994
Last checked: Sunday Jul 04, 2021 4:53 AM EDT
Defendant
Deana Folchetti
Represented By
Bruce Rosenbaum
New York City Law Department
contact info
Defendant
Elizabeth Welsome
Represented By
Bruce Rosenbaum
New York City Law Department
contact info
Defendant
The New York City Department of Education
Represented By
Bruce Rosenbaum
New York City Law Department
contact info
Plaintiff
Michelle Grasberg
7920 155 Avenue
Howard Beach, NY 11414

GPO Dec 29 2021
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of Court is further directed to mail a copy of this order to Plaintiff and note service on the docket. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 12/29/2020) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.[Transferred from New York Southern on 1/5/2021.]

Docket last updated: 10 hours ago
Monday, August 12, 2024
order ~Util - Terminate Civil Case Mon 08/12 10:56 AM
Pursuant to the parties' Stipulation of Voluntary Dismissal41 filed on August 8, 2024, this action is dismissed with prejudice and without costs, expenses, or fees of any kind to any party. (APJ)
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Thursday, August 08, 2024
41 41 misc Stipulation of Dismissal Thu 08/08 9:27 AM
STIPULATION of Dismissal by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (Linnane, Kathleen)
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Tuesday, July 30, 2024
40 40 misc Letter Status Report Tue 07/30 7:07 PM
Letter Joint Letter to the Court by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome, STATUS REPORT re. Settlement Agreement and Mandatory Consideration and Revocation Periods by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (Linnane, Kathleen)
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order Order(Other) Tue 07/30 7:54 PM
ORDER regarding40 - The deadline for the parties to file the stipulation of dismissal is extended until August 21, 2024. The Court is not inclined to grant further extensions. Ordered by Magistrate Judge Joseph A. Marutollo on 7/30/2024. (JAM)
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Thursday, July 11, 2024
39 39 misc Status Report Thu 07/11 5:02 PM
STATUS REPORT re. Settlement Negotiations by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (Linnane, Kathleen)
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order Order(Other) Thu 07/11 5:39 PM
ORDER - In light of the settlement in principle39 , the parties shall file a stipulation of dismissal by July 30, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 7/11/2024. (EG)
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Monday, July 01, 2024
38 38 misc Status Report Mon 07/01 4:39 PM
STATUS REPORT by Michelle Grasberg (Glass, Bryan)
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order Status Report Order Mon 07/01 6:30 PM
STATUS REPORT ORDER - The parties shall file a joint status report by July 11, 2024 regarding the status of their settlement negotiations. The Court notes that discovery is not stayed pending these negotiations. Ordered by Magistrate Judge Joseph A. Marutollo on 7/1/2024. (JAM)
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Tuesday, June 25, 2024
order Status Report Order Tue 06/25 11:00 AM
STATUS REPORT ORDER: The parties shall file a joint status report by July 1, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 6/25/2024. (KAR)
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Friday, May 17, 2024
minutes Discovery Hearing Fri 05/17 12:04 PM
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A discovery conference was held on the record on May 17, 2024. All counsel appeared. The parties' proposed Discovery Plan and Scheduling Order was discussed. Following that discussion, the Court sets the following deadlines. The date for completion of automatic disclosures required by Fed. R. Civ. P. 26(a)(1) shall be June 17, 2024. No amendment of the pleadings will be permitted after May 17, 2024. No additional parties may be joined after May 17, 2024. As the parties do not anticipate expert discovery, all discovery shall be completed by August 16, 2024. A joint letter certifying the close of discovery shall be filed by August 16, 2024. The final date to take the first step in dispositive motion practice, if any, shall be August 22, 2024. (FTR Log #11:41-11:48.) (LCPL)
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Monday, May 13, 2024
37 37 misc Letter Mon 05/13 4:45 PM
Letter to the Court re. ACC Reynolds no longer appearing by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (Linnane, Kathleen)
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36 36 motion Adjourn Conference Mon 05/13 1:21 PM
Letter MOTION to Adjourn Conference scheduled for May 16, 2024 by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome. (Linnane, Kathleen)
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order Order on Motion to Adjourn Conference Mon 05/13 3:49 PM
ORDER granting36 . The discovery conference is rescheduled to May 17, 2024 at 11:30 a.m. before Magistrate Judge Joseph A. Marutollo in Courtroom 324 North. The parties shall confer ahead of the conference to discuss a proposed expedited discovery schedule. If ACC Reynolds will no longer be appearing in this case, counsel for Defendants shall file a letter accordingly by 6 p.m. on May 13, 2024. If not, ACC Reynolds shall file a notice of appearance by 6 p.m. on May 13, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 5/13/2024. (EG)
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Friday, May 10, 2024
minutes Settlement Conference Fri 05/10 12:07 PM
Minute Entry and Order for proceedings held before Magistrate Judge Joseph A. Marutollo:Settlement Conference held on 5/10/2024. Plaintiff's counsel and Plaintiff appeared; Assistant Corporation Counsel ("ACC") Joseph Reynolds appeared for the City. The parties did not reach a resolution. ACC Joseph Reynolds shall file a notice of appearance by 5 p.m. on May 10, 2024. (FTR Log #10:38-12:00.) (JAM)
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order Scheduling Order Fri 05/10 12:11 PM
SCHEDULING ORDER: In light of the May 10, 2024 conference, discovery is no longer stayed and the parties' deadline to file a status report on June 7, 2024 regarding discovery is adjourned sine die. A discovery conference shall be held on May 16, 2024 at 9:30 a.m. before Magistrate Judge Joseph A. Marutollo in Courtroom 324 North. The parties shall confer ahead of the conference to discuss a proposed expedited discovery schedule. Ordered by Magistrate Judge Joseph A. Marutollo on 5/10/2024. (JAM)
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order Order(Other) Fri 05/10 10:33 PM
ORDER - Assistant Corporation Counsel ("ACC") Joseph Reynolds was ordered to file a notice of appearance by 5 p.m. on May 10, 2024. ACC Reynolds's notice of appearance has not been filed. ACC Reynolds shall file a notice of appearance by 5 p.m. on May 13, 2024. Failure to do so may result in sanctions. Plaintiff is ordered to email this order to all attorneys listed as representing Defendants on the docket sheet. Ordered by Magistrate Judge Joseph A. Marutollo on 5/10/2024. (JAM)
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Wednesday, April 17, 2024
35 35 motion Adjourn Conference Wed 04/17 10:50 AM
Letter MOTION to Adjourn Conference scheduled for April 25, 2024 by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome. (Linnane, Kathleen)
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order Order on Motion to Adjourn Conference Wed 04/17 12:21 PM
ORDER granting35 . The settlement conference is rescheduled to May 10, 2024 at 10:30 a.m. in Courtroom 324 North before Magistrate Judge Marutollo. The parties shall submit their updated ex parte settlement letters by May 3, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 4/17/2024. (EG)
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Tuesday, April 16, 2024
34 34 notice Notice of Appearance Tue 04/16 2:01 PM
NOTICE of Appearance by Kathleen Linnane on behalf of All Defendants (aty to be noticed) (Linnane, Kathleen)
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Thursday, April 11, 2024
33 33 motion Hearing Thu 04/11 4:55 PM
MOTION for Hearing re Set Deadlines,, Joint request for a settlement Conference by Michelle Grasberg. (Glass, Bryan)
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order Order on Motion for Hearing Thu 04/11 5:02 PM
ORDER granting33 Motion for Hearing. An in-person settlement conference is scheduled for April 25, 2024 at 4:00 p.m. before Magistrate Judge Joseph A. Marutollo in Courtroom 324 North. The parties shall submit ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov) by April 18, 2024 at 5 p.m. The ex parte settlement letters shall comply with Rule III.C of Judge Marutollo's Individual Practices and Rules.The parties are further directed to comply with Rule III.C.3 of Judge Marutollo's Individual Practices and Rules regarding who must appear at the settlement conference. Ordered by Magistrate Judge Joseph A. Marutollo on 4/11/2024. (Marutollo, Joseph)
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Monday, April 08, 2024
32 32 misc Letter Mon 04/08 1:37 PM
Letter Joint Status Report as per April 1, 2024 Order by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (Rubinstein, Susan)
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order ~Util - Set Deadlines Mon 04/08 2:40 PM
ORDER: In light of32 , and given Plaintiff's request "that the Court stay discovery for 60 days from the date of the Court's order pending a decision on the motion to dismiss to give the parties time to explorepotential settlement options for this case," the Court stays discovery for sixty days, until June 7, 2024. The parties shall file a joint status report on June 7, 2024 regarding their position on a continued stay of discovery. Additionally, the parties shall advise, by April 11, 2024, whether the parties are amenable to a settlement conference before Magistrate Judge Marutollo. Ordered by Magistrate Judge Joseph A. Marutollo on 4/8/2024. (EG)
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Monday, April 01, 2024
order Order(Other) Mon 04/01 11:33 PM
ORDER - The parties shall file, by April 8, 2024, a joint status report - not to exceed 6 pages - regarding whether they are seeking a stay of discovery in this action pending Defendant's anticipated motion. Should there be a dispute as to whether a stay is warranted, the parties shall present their legal arguments with citations to pertinent case law. Ordered by Magistrate Judge Joseph A. Marutollo on 4/1/2024. (Marutollo, Joseph)
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Thursday, November 09, 2023
utility Case Assigned/Reassigned Thu 11/09 4:31 PM
Case Reassigned to Magistrate Judge Joseph A. Marutollo. Magistrate Judge Ramon E. Reyes, Jr 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. (KA)
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Tuesday, October 18, 2022
31 31 notice Notice of Appearance Tue 10/18 11:44 AM
NOTICE of Appearance by Susan M. Rubinstein on behalf of Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (aty to be noticed) (Rubinstein, Susan)
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Wednesday, September 21, 2022
30 30 respoth Reply in Support Wed 09/21 2:09 PM
REPLY in Support re28 MOTION to Dismiss filed by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome. (Fowlkes, Eugenia)
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Wednesday, September 14, 2022
29 29 respm Response in Opposition to Motion Wed 09/14 3:57 PM
RESPONSE in Opposition re28 MOTION to Dismiss filed by Michelle Grasberg. (Glass, Bryan)
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Wednesday, September 07, 2022
28 28 misc Letter Wed 09/07 12:15 PM
Letter to Judge Komitee Regarding Defendants Renewing their Motion to Dismiss by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (Fowlkes, Eugenia)
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Monday, August 29, 2022
27 27 cmp Amended Complaint Mon 08/29 4:27 PM
AMENDED COMPLAINT Second Amended Complaint against Deana Folchetti, The New York City Department of Education, Elizabeth Welsome, filed by Michelle Grasberg. (Glass, Bryan)
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Att: 1 Exhibit A - Right to Sue Letter
Friday, August 26, 2022
order Order on Motion to Amend/Correct/Supplement Order on Motion to Dismiss Fri 08/26 11:14 AM
ORDER granting25 Motion to Amend/Correct/Supplement -- ORDER granting25 Motion to Amend/Correct/Supplement -- Plaintiff's motion to amend the complaint (ECF No. 25) is granted. Plaintiff is directed to file the second amended complaint as a separate entry on the docket by 5:00 p.m. on August 30, 2022. Should Defendants choose to renew their motion to dismiss, the Court will deem the existing motion and briefs (ECF Nos. 20, 21, 22) to be directed at the second amended complaint (the SAC). See, e.g., Schleifer v. Berns , No. 17-CV-1649, 2017 WL 4011239, at *3 and n.1 (E.D.N.Y. Sept. 11, 2017). Defendants should indicate whether they will renew their motion to dismiss by letter, on or before September 7, 2022; that letter (which should not exceed five pages) may also respond to the new allegations contained in the SAC, if Defendants so choose. Plaintiff shall reply to that submission by September 14, 2022, in a letter of five pages or less. Defendants may respond to this submission, if they choose, in a letter of three pages or less, by September 21, 2022. Ordered by Judge Eric R. Komitee on 8/26/2022. (Guy, Alicia)
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Thursday, August 11, 2022
26 26 21 pgs respoth Memorandum in Opposition Thu 08/11 1:38 PM
MEMORANDUM in Opposition re25 MOTION to Amend/Correct/Supplement17 Amended Complaint filed by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome. (Fowlkes, Eugenia)
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Monday, August 01, 2022
25 25 motion Amend/Correct/Supplement Mon 08/01 7:40 PM
MOTION to Amend/Correct/Supplement17 Amended Complaint by Michelle Grasberg. (Glass, Bryan)
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Att: 1 Exhibit Proposed SAC - Clean Version,
Att: 2 Exhibit Proposed SAC - Redlined Version,
Att: 3 Memorandum in Support
Tuesday, July 26, 2022
24 24 minutes Motion Hearing Wed 07/27 2:23 PM
Minute Entry for proceedings held before Judge Eric R. Komitee: Oral Argument held on 7/26/2022 re19 First MOTION to Dismiss the Amended Complaint filed by The New York City Department of Education, Deana Folchetti, Elizabeth Welsome. Case called. Discussion held. Decision reserved. Any motion to file a second amended complaint shall be filed by the close of business on August 1, 2022, and fully comply with this Court's Individual Rules & Practices. Defendants shall file a response to the motion by the close of business on August 11, 2022. (FTR Log #2:34 - 3:16.) (Guy, Alicia)
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Friday, July 15, 2022
23 23 notice Notice of Appearance Fri 07/15 8:49 AM
NOTICE of Appearance by Bryan Glass on behalf of Michelle Grasberg (aty to be noticed) (Glass, Bryan)
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Att: 1 Exhibit A - Appearance of Counsel
Wednesday, June 08, 2022
order Order Setting Hearing on Motion Wed 06/08 3:19 PM
ORDER Setting Hearing on Motion19 First MOTION to Dismiss the Amended Complaint -- Oral Argument will be held on July 26, 2022, at 2:30 p.m. : Motion Hearing set for 7/26/2022 02:30 PM in person in Courtroom 6G North on the 6th floor of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Any party seeking a change in the schedule must first contact all other parties to ask if they consent to the change. Any request for a schedule change must be sent in writing to me at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201, and must be received at least forty-eight (48) hours before the scheduled conference. Ordered by Judge Eric R. Komitee on 6/8/2022. (copy mailed). (Guy, Alicia)
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Thursday, August 26, 2021
22 22 respoth Reply in Support Thu 08/26 4:34 PM
REPLY in Support re19 First MOTION to Dismiss the Amended Complaint filed by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome. (Fowlkes, Eugenia)
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Monday, August 16, 2021
21 21 24 pgs respoth Memorandum in Opposition Tue 08/17 1:52 PM
MEMORANDUM in Opposition to Defts'19 First MOTION to Dismiss the Amended Complaint, filed by Michelle Grasberg. (Galeano, Sonia)
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Friday, July 16, 2021
20 20 30+ pgs respoth Memorandum in Support Fri 07/16 7:48 PM
MEMORANDUM in Support re19 First MOTION to Dismiss the Amended Complaint filed by All Defendants. (Fowlkes, Eugenia)
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Att: 1 Declaration of Eugenia Fowlkes,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 12.1 Notice
19 19 motion Dismiss Fri 07/16 7:44 PM
First MOTION to Dismiss the Amended Complaint by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome. (Fowlkes, Eugenia)
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Tuesday, July 06, 2021
18 18 notice Notice of Appearance Tue 07/06 1:47 PM
NOTICE of Appearance by Eugenia Fowlkes on behalf of Deana Folchetti, The New York City Department of Education, Elizabeth Welsome (aty to be noticed) (Fowlkes, Eugenia)
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Tuesday, June 15, 2021
17 17 cmp Amended Complaint Thu 06/17 1:16 PM
AMENDED COMPLAINT (w/ Jury Trial Demanded) against Deana Folchetti, The New York City Department of Education, Elizabeth Welsome, filed by Michelle Grasberg. (Galeano, Sonia)
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Monday, May 17, 2021
16 16 1 pgs minutes Pre Motion Conference Mon 05/17 2:48 PM
Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Pre Motion Conference held on 5/17/2021. Plaintiff shall amend her complaint by June16, 2021. Defendants shall answer or move to dismiss the amended complaint by July 16, 2021; Plaintiff shall respond to any motion to dismiss by August 16, 2021; Defendants' reply, if any, shall be filed by August 26, 2021. c/m to plaintiff. (Electronically recorded.) (Guy, Alicia)
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Monday, May 10, 2021
order Order on Motion for Pre Motion Conference Mon 05/10 6:31 PM
ORDER granting13 Motion for Pre Motion Conference -- A pre-motion conference will be held on May 17, 2021, at 2:15 p.m. by telephone. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 5/10/2021. c/m to plaintiff. (Guy, Alicia)
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Tuesday, April 27, 2021
15 15 misc Letter Wed 04/28 1:12 PM
Letter dated 4/23/2021 from Michele Grasberg to Judge Komitee, in Opposition to Defendants' letter requesting a pre-motion conference in anticipation of their motion to dismiss pltff's complaint. Pltff request that the Court deny Defendants' request for a pre-motion conference at this time and move this case forward for discovery and eventual trial, or for a settlement conference. If the Court is inclined to grant Defendants' motion to dismiss, pltff respectfully request leave to file an amended complaint. (Galeano, Sonia)
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Friday, April 23, 2021
14 14 misc Letter Fri 04/23 4:57 PM
Letter dated 4/23/2021 from Michele Grasberg to Judge Eric Komitee, in opposition to Defts' letter for a pre-motion conference and/or request to amend complaint. Pltff request that the Court deny Defts' request for a pre-motion conference at this time and move this case forward for discovery and eventual trial, or for a settlement conference. (Galeano, Sonia)
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Tuesday, April 20, 2021
notice Notice(Other) Tue 04/20 4:29 PM
NOTICE: Defendants submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss on April 19, 2021. Plaintiff is reminded that pursuant to Rule III.B.4 of Judge Komitee's Individual Motion Practices and Rules, plaintiff is required to serve and file a letter response of three pages or less, within five days from service of defendants' letter. c/m to plaintiff along with copy of Judge Komitee's Individual Practices and Rules. (Guy, Alicia)
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Monday, April 19, 2021
13 13 motion Pre Motion Conference Mon 04/19 5:00 PM
MOTION for pre motion conference re2 Complaint, Order on Motion for Extension of Time to Answer by Deana Folchetti, The New York City Department of Education, Elizabeth Welsome. (Rosenbaum, Bruce)
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Friday, February 26, 2021
order Order on Motion for Extension of Time to Answer Fri 02/26 4:51 PM
ORDER granting11 Motion for The New York City Department of Education Extension of Time to Answer the Complaint 4/19/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/26/2021. (Vertus, Miriam)
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Thursday, February 25, 2021
12 12 service Summons Returned Executed Thu 02/25 5:48 PM
SUMMONS Returned Executed by Michelle Grasberg. Deana Folchetti served on 2/4/2021, answer due 2/25/2021; The New York City Department of Education served on 1/28/2021, answer due 2/18/2021; Elizabeth Welsome served on 2/4/2021, answer due 2/25/2021. (Galeano, Sonia)
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Monday, February 22, 2021
11 11 motion Extension of Time to File Response/Reply Mon 02/22 1:32 PM
Letter MOTION for Extension of Time to File Response/Reply as to2 Complaint by The New York City Department of Education. (Rosenbaum, Bruce)
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10 10 notice Notice of Appearance Mon 02/22 1:29 PM
NOTICE of Appearance by Bruce Rosenbaum on behalf of The New York City Department of Education (aty to be noticed) (Rosenbaum, Bruce)
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Wednesday, January 20, 2021
9 9 order Order(Other) Wed 01/20 12:01 PM
ORDER, Enclosed is a copy of the Individual Practices of Magistrate Judge Ramon E. Reyes, Jr. Both plaintiff and defendants are required to follow them with one exception: pro se parties are automatically exempt from mandatory electronic filing. Parties represented by counsel in pro se cases must file all submissions electronically and mail the submissions to the pro se litigant.The Courts records reflect that the complaint in this action was filed on December 23, 2020 in the United States District Court for the Southern District of New York and transferred to the Eastern District by order datedDecember 29, 2020. Rule 4(m) of the Federal Rules of Civil Procedure provides:If a defendant is not served within 90 days after the complaint isfiled, the court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendantor order that service be made within a specified time. But if theplaintiff shows good cause for the failure, the court must extend thetime for service for an appropriate period. Accordingly, if service is not made upon the defendants by March 23, 2021, or plaintiff fails to show good cause why such service has not been effected, it will be recommended that the Court dismiss this action without prejudice. Plaintiff is required to advise the Clerk of Court of any change of address. Failure to keep the Court informed of plaintiffs current address means the Court will not know where to contact plaintiff and may result in dismissal of the case. For information regarding court procedures, plaintiff may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665. (Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/20/2021) (Galeano, Sonia)
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Friday, January 15, 2021
8 8 service Summons Issued Fri 01/15 12:31 PM
Summons Issued as to Deana Folchetti, New York City Department of Education, Elizabeth Welsome. (Ramesar, Thameera)
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7 7 misc Filing Fee Received Fri 01/15 12:30 PM
FILING FEE: Received $402.00, receipt number 4653154478 by Michelle Grasberg (Ramesar, Thameera)
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Thursday, January 07, 2021
6 6 3 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Thu 01/07 7:11 PM
ORDER -- Plaintiff's request to proceed IFP is denied. Plaintiff is granted fourteen days from the entry of this Order to pay the $402.00 filing fee in order to proceed with this action. If Plaintiff fails to pay the $402.00 filing fee within the required time, the action will be dismissed without prejudice.The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith; therefore IFP status is denied for the purpose of any appeal. Coppedge v. United States , 369 U.S. 438, 444-45 (1962). ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 1/7/2021. c/m to plaintiff. (Guy, Alicia)
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Tuesday, January 05, 2021
5 5 misc Clerks Notice of Rule 73 Tue 01/05 12:03 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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4 4 transfer Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE) Tue 01/05 12:02 PM
Case transferred in from District of New York Southern; Case Number 1:20-cv-10994. Original file certified copy of transfer order and docket sheet received.
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Wednesday, December 30, 2020
Mailed a copy of3 Order, to Michelle Grasberg at 7920 155 Avenue, Howard Beach, NY 11414. (dsh) [Transferred from New York Southern on 1/5/2021.]
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Tuesday, December 29, 2020
3 3 TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of Court is further directed to mail a copy of this order to Plaintiff and note service on the docket. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 12/29/2020) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/5/2021.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 1/5/2021.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(mro) [Transferred from New York Southern on 1/5/2021.]
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Wednesday, December 23, 2020
2 2 COMPLAINT against Deana Folchetti, New York City Department of Education, Elizabeth Welsome. Document filed by Michelle Grasberg.(rdz) [Transferred from New York Southern on 1/5/2021.]
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1 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michelle Grasberg..(rdz) [Transferred from New York Southern on 1/5/2021.]
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Case Designated ECF. (rdz) [Transferred from New York Southern on 1/5/2021.]
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MOTION for Leave to Proceed in forma pauperis See Document 1 by Michelle Grasberg. (Davis, Kimberly)
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