Yzaguirre v. Levin et al

1:24-cv-01500 | New York Southern District Court

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Division Foley Square
Judge Judge J. Paul Oetken
Filed Feb. 27, 2024
Case Flags CASREF, ECF, and PRO-SE
Magistrate Magistrate Judge Gary Stein
Nature of Suit 448 Civil Rights - Americans with Disabilities Act - Education
Cause 28:1331cv Fed. Question: Other Civil Rights
Demand $9,999,000
Jury Demand Defendant
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Filing Date # Docket Text
3/13/2025 CLERK'S JUDGMENT re: 82 Memorandum & Order Adopting Report and Recommendations,,. in favor of KIPP Foundation, KIPP NYC Public Charter Schools, Benny Vasquez, Chris Weeks, Dave Levin, Tessa Kratz against Jace R. Yzaguirre.It is hereby ORD ERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated March 13, 2025, the Court adopts the Report & Recommendation in its entirety, the objections are OVERRULED, and Defendants' motions to dismiss the SAC are GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 03/13/2025) (Attachments: # 1 Notice of right to appeal) (nd)
3/13/2025 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION on 73 Report and Recommendations for 42 Motion to Dismiss filed by Dave Levin, Benny Vasquez, KIPP Foundation, 45 Motion to Dismiss filed by KIPP NYC Public Charter Schools , Chris Weeks, Tessa Kratz. For the foregoing reasons, the R&R at ECF No. 73 is ADOPTED in its entirety, the objections are OVERRULED, and Defendants' motions to dismiss the SAC are GRANTED. The Clerk of Court is directed to close the motions at ECF Nos. 42 and 45, to enter judgment of dismissal, and to close the case. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/13/2025) (vfr) Transmission to Orders and Judgments Clerk for processing.
3/11/2025Memorandum of Law in Opposition (non-motion)
3/10/2025Memorandum of Law in Opposition (non-motion)
3/10/2025Letter
3/6/2025Letter
2/27/2025Objection to Report and Recommendations
2/24/2025Order
2/24/2025Letter
2/11/2025Order
2/7/2025Report and Recommendations
1/15/2025Letter
1/9/2025Reply Memorandum of Law in Support of Motion
1/9/2025Reply Memorandum of Law in Support of Motion
11/20/2024 ORDER: The Court is in receipt of Plaintiff's November 13, 2024 letter asking to file an amended opposition brief by November 27, 2024, and requesting leave to file twenty-five additional pages. (Dkt. No. 62). Both requests, which have not been opposed by Defendants, are granted. Plaintiff may file an amended opposition brief of up to fifty pages by November 27, 2024. The Court reminds Plaintiff that he may seek assistance from the City Bar Justice Center, or CBJC. A flyer with contact information was attached to the Court's November 4 Order (Dkt. No. 58) and is reattached here. SO ORDERED. ( Responses due by 11/27/2024) (Signed by Magistrate Judge Gary Stein on 11/20/2024) (tg)
11/12/2024 ORDER: Plaintiff Jace R. Yzaguirre, proceeding pro se, filed two opposition briefs on November 1, 2024, both of which were docketed on November 7, 2024. (Dkt. Nos. 59 & 60). The briefs appear to have substantive differences. Plaintiff is entitl ed to file only one opposition brief, and both Defendants and the Court need to know which brief Plaintiff wishes to rely on; he may not rely on them both. Accordingly, Plaintiff is ORDERED to inform the Court and Defendants by letter as to which opposition brief is his operative brief by November 15, 2024. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 11/12/2024) (tg)
8/28/2024Order on Motion for Extension of Time
8/27/2024Extension of Time
8/27/2024~Util - Set Deadlines, Memo Endorsement
8/27/2024Letter
6/26/2024Memo Endorsement
6/26/2024Letter
6/21/2024Amended Order Referring Case to Magistrate Judge
6/21/2024Order on Motion for Conference, Order on Motion for Extension of Time to Answer
6/20/2024Memo Endorsement
6/20/2024Letter
6/20/2024Letter
6/20/2024Memo Endorsement
6/18/2024Extension of Time to File Answer
6/18/2024Transmission to Pro Se Assistants
6/14/2024Letter
6/6/2024Memo Endorsement
6/5/2024Letter
6/5/2024Letter
6/5/2024Amended Complaint
4/17/2024Minute Entry. A Status Conference was held on Wednesday, April 17, 2024 before Magistrate Judge Gary Stein. Appearances made by Jace Yzaguirre, and Hillary Raimondi, Celena Mayo for Defendants. As discussed at the conference, Plaintiff's Amended Complaint is due by Friday, May 17, 2024. (ta) (Entered: 04/17/2024)
4/16/2024 Answer to opposing parties motion. Document filed by Jace R. Yzaguirre. (nb) (Entered: 04/16/2024)
4/16/2024 RESPONSE to Motion re: 15 LETTER MOTION for Conference addressed to Judge J. Paul Oetken from Celena R. Mayo dated April 10, 2024.. Document filed by Jace R. Yzaguirre..(kgo) (Entered: 04/16/2024)
4/16/2024 LETTER addressed to Magistrate Judge Gary Stein from Jace Yzaguirre dated 4/15/2024 re: Letter re: conference. Document filed by Jace R. Yzaguirre..(kgo) (Entered: 04/16/2024)
4/12/2024NOTICE OF APPEARANCE by Alexandra Catalano on behalf of Dave Levin, Benny Vasquez..(Catalano, Alexandra) (Entered: 04/12/2024)
4/12/2024 LETTER MOTION for Conference addressed to Magistrate Judge Gary Stein from Hillary J. Raimondi dated April 12, 2024. Document filed by Dave Levin, Benny Vasquez..(Raimondi, Hillary) (Entered: 04/12/2024)
4/11/2024 MEMO ENDORSEMENT on re: 15 LETTER MOTION for Conference addressed to Judge J. Paul Oetken from Celena R. Mayo dated April 10, 2024. filed by Chris Weeks, Tessa Kratz. ENDORSEMENT: The matters raised herein will be discussed during the in-person conference already scheduled for Wednesday, April 17, 2024. (See Dkt. No. 9). The Court hereby converts the conference from an Initial Case Management Conference to a Status Conference. As a result, the parties are not required to submit a proposed case management plan prior to the conference. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 4/11/2024) (ks) (Entered: 04/11/2024)
4/10/2024 LETTER addressed to Magistrate Judge Gary Stein from Jace R. Yzaguirre dated 4/10/2024 re: Initial Case Management Conference ordered by Honorable United States Magistrate Judge Gary Stein. Document filed by Jace R. Yzaguirre.(tro) (Entered: 04/11/2024)
4/10/2024 LETTER MOTION for Conference addressed to Judge J. Paul Oetken from Celena R. Mayo dated April 10, 2024. Document filed by Tessa Kratz, Chris Weeks..(Mayo, Celena) (Entered: 04/10/2024)
3/26/2024 LETTER addressed to Judge J. Paul Oetken from Jace R. Yzaguirre dated 3/25/2024 re: Trial request for SDNY. Document filed by Jace R. Yzaguirre..(kgo) (Entered: 03/27/2024)
3/25/2024 AMENDED COMPLAINT against Tessa Kratz, Dave Levin, Benny Vasquez, Chris Weeks.Document filed by Jace R. Yzaguirre..(kgo) Modified on 3/28/2024 (sha). (Entered: 03/27/2024)
3/14/2024 ORDER: Plaintiff may amend his Complaint without requesting leave to do so at any time up to and including March 25, 2024. If Plaintiff wishes to amend his Complaint after that date, he may do so only if he obtains either Defendants consent or the Courts permission. See Fed. R. Civ. P. 15(a) (2). Plaintiffs current Complaint, which was filed originally in state court and is handwritten, is difficult for the Court to read. The Court therefore requests that Plaintiff either file any Amended Complaint in typewritten form or, if it is handwritten, take care to make sure that it is clearly legible (as is the case with his March 8 letter). Plaintiff's March 8 letter also briefly challenges the Court's jurisdiction over this case. The proper procedure for challenging the Court's subject-matter jurisdiction is through a motion to remand pursuant to 28 U.S.C. § 1447(c). A motion to remand asks the Court to send the case back to state court because the federal court lacks subject-matter jurisdiction over the case. Such a motion should set forth reasons as to why the plaintiff believes the federal court does not have jurisdiction over the case. Plaintiff is free to file such a motion if he wishes. ( Amended Pleadings due by 3/25/2024.) (Signed by Magistrate Judge Gary Stein on 3/14/2024) (tg) (Entered: 03/14/2024)
3/8/2024 LETTER addressed to Your Honor from Jace R. Yzaguirre dated 3/8/2024 re: request to amend. Document filed by Jace R. Yzaguirre..(rro) (Entered: 03/14/2024)
3/8/2024PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Jace R. Yzaguirre consents to receive electronic service via the ECF system. Document filed by Jace R. Yzaguirre..(tro) (Entered: 03/13/2024)
3/7/2024MAILING RECEIPT: Document No: 9. Mailed to: Jace R. Yzaguirre 580 Flatbush Avenue, Apt 16J Brooklyn, NY 11225. (sac) (Entered: 03/07/2024)
3/6/2024INITIAL CASE MANAGEMENT CONFERENCE ORDER: This action is scheduled for an Initial Case Management Conference for Wednesday, April 17, 2024 at 2:00 p.m. The parties are directed to appear for the conference at 500 Pearl Street, Courtroom 9A at the scheduled time. The parties shall consult and comply with the undersigned's Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gary-stein. In accordance with Section II.A of the Individual Practices, the parties are directed to jointly file the attached joint Proposed Case Management Plan and Scheduling Order no later than one week prior to the conference. SO ORDERED. Initial Conference set for 4/17/2024 at 02:00 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 3/06/2024) (ama) (Entered: 03/06/2024)
3/6/2024MAILING RECEIPT: Document No: 8. Mailed to: Jace R. Yzaguirre 580 Flatbush Avenue, Apt 16J Brooklyn, NY 11225. (vn) (Entered: 03/06/2024)
3/4/2024 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gary Stein. (Signed by Judge J. Paul Oetken on 3/4/2024) (tg) (Entered: 03/05/2024)
3/4/2024ANSWER to Complaint with JURY DEMAND. Document filed by Tessa Kratz, Chris Weeks..(Mayo, Celena) (Entered: 03/04/2024)
3/1/2024NOTICE OF APPEARANCE by Hillary Jacobs Raimondi on behalf of Dave Levin, Benny Vasquez..(Raimondi, Hillary) (Entered: 03/01/2024)
2/28/2024Case Designated ECF. (gp) (Entered: 02/28/2024)
2/28/2024Magistrate Judge Gary Stein 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. (gp) (Entered: 02/28/2024)
2/28/2024CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(gp) (Entered: 02/28/2024)
2/28/2024***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Celena R Mayo. The following case opening statistical information was erroneously selected/entered: Dollar Demand $16,403,328,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9999. (gp) (Entered: 02/28/2024)
2/28/2024NOTICE OF APPEARANCE by Olivia Orlando-Donovan on behalf of Tessa Kratz, Chris Weeks..(Orlando-Donovan, Olivia) (Entered: 02/28/2024)
2/28/2024NOTICE OF APPEARANCE by Celena R Mayo on behalf of Tessa Kratz, Chris Weeks..(Mayo, Celena) (Entered: 02/28/2024)
2/27/2024CIVIL COVER SHEET filed..(Mayo, Celena) (Entered: 02/27/2024)
2/27/2024NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 100041/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29004579).Document filed by Tessa Kratz, Chris Weeks. (Attachments: # 1 Exhibit Summons and Complaint).(Mayo, Celena) (Entered: 02/27/2024)