A.G. et al v. New York City Department of Health & Mental Hygiene

Federal Civil Lawsuit New York Southern District Court, Case No. 1:08-cv-01576-LAK
Tags No tags have been applied so far. Sign in to add some.
Last Updated November 20, 2024 at 12:32 PM EST (1 year ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

No one has written a summary of this case yet. Sign up or sign in to contribute one.

Parties
No Logo AG-, Plaintiff

Represented by Mayerson & Associates

Name Phone Fax E-Mail
Space GARY S. MAYERSON +1 212 265 7200 +1 212 265 1735 mauricio@mayerslaw.com
No Logo Chruch Universal And Triumphant, Plaintiff
Officially listed as "L.G."

Represented by Mayerson & Associates

Name Phone Fax E-Mail
Space GARY S. MAYERSON +1 212 265 7200 +1 212 265 1735 mauricio@mayerslaw.com
v.
No Logo Thomas R. Frieden, Defendant

Represented by City of New York

Name Phone Fax E-Mail
Space Chevon Andre Brooks +1 212 788 0874 +1 212 788 0367 chbrooks@law.nyc.gov
Attributes
Office Foley Square
Filed 2/15/2008
Jury Demand None
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 20 U.S.C. § 1400 Civil Rights of Handicapped Child
Jurisdiction Federal Question
Disposition
County NewYork
Terminated
Origin 4
Reopened 5/12/2008
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ECF, REOPEN
Timeline
  Entries (55) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Legal Document (Payment Possibly Required) 50 Filed: 11/20/2024, Entered: None Sealed Document Disposed
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 49 Filed: 10/2/2024, Entered: None Sealed Document Attorney Notice to Retrieve
Request RequestSpace LREF
Reply Memorandum of Law in Support of Motion with OCR 42 Filed: 9/8/2008, Entered: 9/8/2008 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [31] MOTION (NOTICE). in Support of Plaintiffs-Appellants' Modified De Nove Review. Document filed by A.G.. (Mayerson, Gary)
LREF
Memorandum of Law in Opposition to Motion with OCR 41 Filed: 9/5/2008, Entered: 9/5/2008 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [31] MOTION (NOTICE).. Document filed by Thomas R. Frieden. (Brooks, Chevon)
LREF
Response to Motion with OCR 40 Filed: 9/5/2008, Entered: 9/5/2008 Response to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE to Motion re: [31] MOTION (NOTICE). Plaintiffs-Appellants' Response Memo of Law. Document filed by A.G. (Attachments: # (1) Exhibit 5-1-07 Demand for Due Process, # (2) Exhibit Exhibit D-NYC EIP Request for Mediation, # (3) Exhibit Exhibit E-Letter to E. Arias from Parents, # (4) Exhibit Exhibit F-Dr. C. Lucas Report, # (5) Errata Exhibit G-Dr. C. McCarton Report, # (6) Affidavit of Service-JF)(Mayerson, Gary) Modified on 9/8/2008 (db).
LREF
Blank -- Filed: 9/5/2008, Entered: 9/8/2008 Note to Attorney to Re-File Document - Deficient D
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gary S Mayerson to RE-FILE Document [40] Response to Motion. ERROR(S): No attorney signature or s/. (db)
LREF
Rule 56.1 Statement with OCR 39 Filed: 8/5/2008, Entered: 8/5/2008 Rule 56.1 Statement
RULE 56.1 STATEMENT. Document filed by Thomas R. Frieden. (Brooks, Chevon)
LREF
Declaration in Support of Motion with OCR 37 Filed: 8/4/2008, Entered: 8/4/2008 Declaration in Support of Motion
DECLARATION of Dwayne Turner in Support re: [28] FIRST MOTION for Summary Judgment Declaration of Dwayne Turner.. Document filed by Thomas R. Frieden. (Brooks, Chevon)
LREF
Declaration in Support of Motion with OCR 36 Filed: 8/4/2008, Entered: 8/4/2008 Declaration in Support of Motion
DECLARATION of Chevon Andre Brooks in Support re: [27] FIRST MOTION for Summary Judgment Declaration of Chevon Andre Brooks.. Document filed by Thomas R. Frieden. (Brooks, Chevon)
LREF
Memorandum of Law in Support of Motion with OCR 35 Filed: 8/4/2008, Entered: 8/4/2008 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [26] FIRST MOTION for Summary Judgment Memorandum of Law In Support of Summary Judgment Motion.. Document filed by Thomas R. Frieden. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brooks, Chevon)
LREF
Motion for Summary Judgment with OCR 34 Filed: 8/4/2008, Entered: 8/4/2008 Motion for Summary Judgment
MOTION for Summary Judgment. Document filed by Thomas R. Frieden.(Brooks, Chevon)
LREF
Affidavit in Support of Motion with OCR 33 Filed: 8/1/2008, Entered: 8/1/2008 Affidavit in Support of Motion
AFFIDAVIT of Gary S. Mayerson in Support re: [31] MOTION (NOTICE).. Document filed by A.G., L.G.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayerson, Gary)
LREF
Memorandum of Law in Support of Motion with OCR 32 Filed: 8/1/2008, Entered: 8/1/2008 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [31] MOTION (NOTICE).. Document filed by A.G., L.G.. (Mayerson, Gary)
LREF
Motion for Miscellaneous Relief with OCR 31 Filed: 8/1/2008, Entered: 8/1/2008 Motion for Miscellaneous Relief
MOTION (NOTICE). Document filed by A.G., L.G..(Mayerson, Gary)
LREF
Order with OCR 30 Filed: 7/31/2008, Entered: 7/31/2008 OrderCourt Filing
JOINT APPLICATION FOR ORDER SEALING FILE PURSUANT TO IDEA, 20 USC ss1417(C), THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, MENTAL HYGIENE LAW ss33.13, AND THE FAMILY EDUCATIONAL AND PRIVACY RIGHTS ACT, 20 USC ss1232G: The Clerk of the Court shall maintain the administrative hearing transcript, Petitioners' Exhibits "A" through "NNN", and Respondent's Exhibits "1" through "16", under seal and these documents are exempt from electronic case filing pending further Order of the Court. (Signed by Judge Lewis A. Kaplan on 7/31/08) (db)
LREF
Endorsed Letter with OCR 29 Filed: 7/31/2008, Entered: 7/31/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Chevon Ander Brooks dated 7/31/2008 re: Counsel for defendant writes to request an extension, until 8/1/2008 to file the entire underlying administrative record in this action. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/31/2008) (tve)
LREF
Motion for Summary Judgment with OCR 28 Filed: 7/30/2008, Entered: 7/30/2008, Terminated: 7/30/2008 Motion for Summary Judgment
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION for Summary Judgment (Declaration of Dwayne Turner). Document filed by Thomas R. Frieden. Responses due by 9/5/2008(Brooks, Chevon) Modified on 7/31/2008 (jar).
LREF
Motion for Summary Judgment with OCR 27 Filed: 7/30/2008, Entered: 7/30/2008, Terminated: 7/30/2008 Motion for Summary Judgment
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION for Summary Judgment (Declaration of Chevon Andre Brooks). Document filed by Thomas R. Frieden. Responses due by 9/5/2008(Brooks, Chevon) Modified on 7/31/2008 (jar).
LREF
Motion for Summary Judgment with OCR 26 Filed: 7/30/2008, Entered: 7/30/2008, Terminated: 7/30/2008 Motion for Summary Judgment
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION for Summary Judgment (Memorandum of Law In Support of Summary Judgment Motion). Document filed by Thomas R. Frieden. Responses due by 9/5/2008 (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brooks, Chevon) Modified on 7/31/2008 (jar).
LREF
Motion for Summary Judgment with OCR 25 Filed: 7/30/2008, Entered: 7/30/2008 Motion for Summary Judgment
FIRST MOTION for Summary Judgment Notice of Motion. Document filed by Thomas R. Frieden. Responses due by 9/5/2008(Brooks, Chevon)
LREF
Affidavit of Service Other with OCR 24 Filed: 7/30/2008, Entered: 7/30/2008 Affidavit of Service Other
AFFIDAVIT OF SERVICE of Notice of Motion, Plaintiffs-Appellants' Memorandum of Law in Support of Motion for Modified De Novo Review, Affidavit of Gary S. Mayerson on Modified De Novo Review and Exhibits A & B served on Chevon A. Brooks, Esq. on 7-30-08. Service was made by E-mail & FEDEX. Document filed by A.G., L.G.. (Mayerson, Gary)
LREF
Affidavit in Support of Motion with OCR 23 Filed: 7/30/2008, Entered: 7/30/2008 Affidavit in Support of Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Gary S. Mayerson in Support re: [22] MOTION for Summary Judgment for Modified De Novo Review. Document filed by A.G., L.G. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayerson, Gary) Modified on 7/31/2008 (jar).
LREF
Motion for Summary Judgment with OCR 22 Filed: 7/30/2008, Entered: 7/30/2008, Terminated: 7/30/2008 Motion for Summary Judgment
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment for Modified De Novo Review. Document filed by A.G., L.G. (Mayerson, Gary) Modified on 7/31/2008 (jar).
LREF
~Notice (other) with OCR 21 Filed: 7/30/2008, Entered: 7/30/2008 ~Notice (other)
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Motion. Document filed by A.G., L.G. (Mayerson, Gary) Modified on 7/31/2008 (jar).
LREF
Blank -- Filed: 7/30/2008, Entered: 7/31/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Chevon Brooks to RE-FILE Document [28] FIRST MOTION for Summary Judgment Declaration of Dwayne Turner. Use the document type Declaration in Support found under the document list Replies, Oppositions, Supporting Documents. (jar)
LREF
Blank -- Filed: 7/30/2008, Entered: 7/31/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Chevon Brooks to RE-FILE Document [27] FIRST MOTION for Summary Judgment Declaration of Chevon Andre Brooks. Use the document type Declaration in Support found under the document list Replies, Oppositions, Supporting Documents. (jar)
LREF
Blank -- Filed: 7/30/2008, Entered: 7/31/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Chevon Brooks to RE-FILE Document [26] FIRST MOTION for Summary Judgment Memorandum of Law In Support of Summary Judgment Motion. Use the document type Memorandum of Law in Support found under the document list Replies, Oppositions, Supporting Documents. (jar)
LREF
Blank -- Filed: 7/30/2008, Entered: 7/31/2008 Note to Attorney to Re-File Document - Deficient D
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gary Mayerson to RE-FILE Document [23] Affidavit in Support of Motion,. ERROR(S): Document linked to filing error. Link to correctly re-filed motion. (jar)
LREF
Blank -- Filed: 7/30/2008, Entered: 7/31/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Gary Mayerson to RE-FILE Document [22] MOTION for Summary Judgment for Modified De Novo Review. Use the document type Memorandum of Law found under the document list Replies, Oppositions, Supporting Documents. (jar)
LREF
Blank -- Filed: 7/30/2008, Entered: 7/31/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Gary Mayerson to RE-FILE Document [21] Notice (Other). Use the document type Miscellaneous Relief found under the document list Motions. (jar)
LREF
Scheduling Order with OCR 20 Filed: 7/24/2008, Entered: 7/24/2008 Scheduling OrderCourt Filing
REVISED SCHEDULING ORDER: The parties Motions due by 7/30/2008. Responses due by 9/5/2008. Replies due by 9/19/2008. (Signed by Judge Lewis A. Kaplan on 7/24/08) (db)
LREF
Blank -- Filed: 7/18/2008, Entered: 7/18/2008 Note to Attorney Regarding the Filing of Letters -
***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [19] HAS BEEN REJECTED. Note to Attorney Gary S. Mayerson : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA)
LREF
Motion for Extension of Time with OCR 19 Filed: 7/17/2008, Entered: 7/17/2008, Terminated: 7/17/2008 Motion for Extension of Time
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time(LETTER). Document filed by A.G., L.G..(Mayerson, Gary) Modified on 7/18/2008 (KA).
LREF
Endorsed Letter with OCR 18 Filed: 7/1/2008, Entered: 7/1/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Gary S. Mayerson and Chevon Brooks dated 6/25/08 Counsel requests a 30 day extension of the existing (June 30, 2008) deadline for the admission of dispositive motions (an extension to and including July 30, 2008). ENDORSEMENT: So ordered. Part I( Motions due by 7/30/2008.) (Signed by Judge Sidney H. Stein on 6/30/08) (mme)
LREF
Stipulation and Order of Dismissal with OCR 17 Filed: 6/26/2008, Entered: 6/26/2008 Stipulation and Order of DismissalCourt Filing
STIPULATION OF DISMISSAL OF RICHARD F. DAINES: That this action is dismissed as to defendant Richard F. Daines pursuant to FRCP 41(a)/ Any reimbursement of the NYC Department of Health and Mental Hygeine for the cost of the N.G. Early Intervention program by the NYS Department of Health will be in accord with applicable laws and regulations including New York Public Health ss2557 as further set forth in said Order. (Signed by Judge Sidney H. Stein, part I on 6/26/08) (db)
LREF
Notice of Appearance with OCR 16 Filed: 6/25/2008, Entered: 6/25/2008 Notice of Appearance
NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of Richard F. Daines (Rubin, Ivan)
LREF
Answer to Amended Complaint with OCR 15 Filed: 5/30/2008, Entered: 5/30/2008 Answer to Amended Complaint
ANSWER to Amended Complaint. Document filed by Thomas R. Frieden. Related document: [14] Amended Complaint, filed by A.G., L.G..(Brooks, Chevon)
LREF
Blank -- Filed: 5/23/2008, Entered: 5/23/2008 Note to Attorney to E-Mail PDF
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Gary S. Mayerson for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document [14] Amended Complaint to: case_openings@nysd.uscourts.gov. (dle)
LREF
Amended Complaint with OCR 14 Filed: 5/12/2008, Entered: 5/13/2008 Amended Complaint
AMENDED COMPLAINT amending [1] Complaint against New York City Department of Health & Mental Hygiene, Richard F. Daines, Thomas R. Frieden.Document filed by A.G., L.G. Related document: [1] Complaint filed by A.G., L.G..(dle) (Additional attachment(s) added on 5/27/2008: # (1) Exhibit) (dle).
LREF
Affidavit of Service Other with OCR 13 Filed: 5/12/2008, Entered: 5/12/2008 Affidavit of Service Other
AFFIDAVIT OF SERVICE of Amended Complaint served on Thomas R. Frieden on 05/12/08. Service was accepted by Eva Mendoza, Legal Clerk. Document filed by A.G., L.G.., AFFIDAVIT OF SERVICE. Thomas R. Frieden served on 5/12/2008, answer due 6/2/2008. Service was accepted by Eva Mendoza, Legal Clerk. Document filed by A.G.; L.G.. (Mayerson, Gary)
LREF
Affidavit of Service Complaints with OCR 12 Filed: 5/12/2008, Entered: 5/12/2008 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE. Richard F. Daines served on 5/12/2008, answer due 6/2/2008. Service was accepted by Seth Abrams, Associate Attorney & Co-Worker. Document filed by A.G.; L.G.. (Mayerson, Gary)
LREF
Motion to Amend/Correct with OCR 11 Filed: 5/12/2008, Entered: 5/12/2008, Terminated: 5/12/2008 Motion to Amend/Correct
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Amend/Correct [1] Complaint, [10] Order, (Amended Complaint). Document filed by A.G., L.G.. Return Date set for 6/2/2008 at 05:00 PM. (Attachments: # (1) Exhibit A)(Mayerson, Gary) Modified on 5/13/2008 (KA).
LREF
Order with OCR 10 Filed: 4/28/2008, Entered: 4/28/2008 OrderCourt Filing
ORDER: Accordingly, the action is dismissed as against the New York City Department of Health & Mental Hygiene. Plaintiffs may file an amended complaint on or before May 12, 2008 naming proper defendant or defendants. (Signed by Judge Lewis A. Kaplan on 4/28/08) (js)
LREF
Affidavit with OCR 9 Filed: 4/24/2008, Entered: 4/24/2008 Affidavit
AFFIDAVIT of Gary S. Mayerson in Response to Court Order from April 15, 2008. Document filed by A.G.. (Attachments: # (1) Exhibit A-Complaint)(Mayerson, Gary)
LREF
Scheduling Order with OCR 8 Filed: 4/15/2008, Entered: 4/16/2008 Scheduling OrderCourt Filing
SCHEDULING ORDER: Discovery due by 5/30/2008. Joinder of Parties due by 5/30/2008. Plaintiffs' and Defendant's motions for summary judgment and any other related relief shall be served on or before 6/30/08. Plaintiffs' and Defendant's opposing papers shall be served on or before July 30, 2008. Plaintiffs' and Defendant's reply papers, if any, shall be served by August 15, 2008. So Ordered (Signed by Judge Lewis A. Kaplan on 4/15/08) (js)
LREF
Order with OCR 7 Filed: 4/15/2008, Entered: 4/16/2008 OrderCourt Filing
ORDER: Plaintiffs shall show cause, on or before April 25, 2008, why an order should not be entered (1)requiring that the complaint and the caption be amended so as to set forth the names of all of the parties in accordance with Fed. R. Civ. P. 10(a), and (2) dismissing the action against the New York City Department of Health & Mental Hygiene on the ground that it is not a suable entity. So Ordered. (Signed by Judge Lewis A. Kaplan on 4/15/08) (js)
LREF
Answer with OCR 6 Filed: 4/7/2008, Entered: 4/7/2008 Answer
ANSWER to Complaint. Document filed by New York City Department of Health & Mental Hygiene.(Brooks, Chevon)
LREF
Order for Initial Pretrial Conference with OCR 5 Filed: 4/1/2008, Entered: 4/1/2008 Order for Initial Pretrial ConferenceCourt Filing
ORDER FOR INITIAL PRETRIAL CONFERENCE: An Initial Conference is set for 4/25/2008 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 4/1/08) (db)
LREF
Endorsed Letter with OCR 4 Filed: 3/5/2008, Entered: 3/6/2008 Endorsed LetterCourt Filing
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Chevon Andre Brooks dated 3/4/2008 re: I am Assistant Corporation Counsel with the New York City Law Department assigned to represent defendant New York City Department of Health and Mental Hygiene in this action in which plaintiff's seek review under the IDEA of the decision of an administrative law judge which denied their request for declaratory relief and tuition reimbursement for the 2006-2007 school year. I write to respectfully request that the Court grant defendant an additional 30 days (until Monday, April 7, 2008) to respond to the complaint. ENDORSEMENT: Granted. SO ORDERED. New York City Department of Health & Mental Hygiene answer due 4/7/2008. (Signed by Judge Lewis A. Kaplan on 3/5/2008) (jmi)
LREF
Notice of Appearance with OCR 3 Filed: 3/5/2008, Entered: 3/5/2008 Notice of Appearance
NOTICE OF APPEARANCE by Chevon Andre Brooks on behalf of New York City Department of Health & Mental Hygiene (Brooks, Chevon)
LREF
Save 25% on a pre-paid one year subscription.
Affidavit of Service Complaints with OCR 2 Filed: 2/21/2008, Entered: 2/21/2008 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department of Health & Mental Hygiene served on 2/15/2008, answer due 3/6/2008. Service was accepted by Laura Buford, Assistant Clerk. Document filed by A.G.; L.G.. (Mayerson, Gary)
LREF
Complaint with OCR 1 Filed: 2/15/2008, Entered: 2/20/2008 Complaint
COMPLAINT against New York City Department of Health & Mental Hygiene. (Filing Fee $ 350.00, Receipt Number 641148)Document filed by A.G., L.G.(laq) (mbe).
LREF
Blank -- Filed: 2/15/2008, Entered: 2/20/2008 Case Designated ECF.
Case Designated ECF. (laq)
LREF
Blank -- Filed: 2/15/2008, Entered: 2/20/2008 Case Designation
Magistrate Judge Henry B. Pitman is so designated. (laq)
LREF
Blank -- Filed: 2/15/2008, Entered: 2/20/2008 Summons Issued
SUMMONS ISSUED as to New York City Department of Health & Mental Hygiene. (laq)
LREF

Statistics

This case has been viewed 79 times.

Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 
PlainSite
Sign Up
Need Password Help?