J.L. v. New York City Department of Education et al

Filing 288

ORDER granting 287 Letter Motion for Extension of Time to File. Application granted. No further extensions of Defendants' below briefing deadlines will be granted. SO ORDERED.. (Signed by Magistrate Judge Katharine H. Parker on 10/12/2023) (jca)

10/12/2023

THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

PHILIP S. FRANK
Phone: [phone]
Fax: [phone]
[e-mail]
(not for service)

October 11, 2023
By ECF
Honorable Katharine H. Parker
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007

Application granted. No further extensions of Defendants' below
briefing deadlines will be granted.

10/12/2023

Re: J.L., et al. v. NYC Dep’t of Education, et ano.,
No. 17-CV-7150 (PAC) (KHP)
Your Honor:
I am the Assistant Corporation Counsel in the Office of the Corporation Counsel of
the City of New York assigned to represent Defendants New York City Department of Education
(“DOE”) and DOE Chancellor David C. Banks in the above-referenced matter, in which Plaintiffs,
parents on behalf of three students, allege that their rights were violated due to alleged systemic
delays in providing coordinated nursing, transportation, and porter services.
I write to respectfully request a brief, one-business-day extension of time, from
October 13, 2023 until October 16, 2023, for Defendants to serve and file their cross-motion for
summary judgment and opposition to Plaintiffs’ motion. This is Defendants’ fourth and final
request for an extension, and the Court granted Defendants’ previous three requests.
The requested extension is necessary to finalize Defendants’ motion papers,
including the memorandum of law, multiple affidavits, the response to Plaintiffs’ 328-pragraph
Local Civil Rule 56.1 Statement, Defendants’ Rule 56.1 Statement, and any proposed redactions
to file under seal any students’ information that is protected pursuant to the Family Educational
Rights and Privacy Act, 20 U.S.C. § 1232g (commonly referred to as “FERPA”). The Court
granted Defendants’ previous request for a one-week extension of time due to my being out sick
for multiple days (see ECF No. 284), and upon returning to the office, it has taken me longer than

anticipated to prepare and complete the motion papers. The brief, one-day extension of time,
therefore, will enable me to finalize and file the motion papers.
Despite repeated emails and voicemail messages to Plaintiffs’ counsel today
seeking their consent to the instant request, Plaintiffs have not responded. Plaintiffs, however, will
not be prejudiced by the brief, one-business-day extension. Indeed, the requested extension will
not affect the oral argument scheduled for December 7, 2023, at 10:00 a.m.
Accordingly, Defendants respectfully request that the Court grant an extension of
time, until October 16, 2023, for Defendants to serve and file their cross-motion for summary
judgment and opposition to Plaintiffs’ motion. Defendants also respectfully request a
corresponding extension of the briefing schedule as follows:
•

Defendants’ cross-motion for summary judgment and opposition to
Plaintiffs’ motion for summary judgement: October 16, 2023;

•

Plaintiffs’ reply and opposition to Defendants’ cross-motion: November 13,
2023; and

•

Defendants’ reply: December 4, 2023

I thank the Court for its consideration of the within.
Respectfully submitted,
/s/
Philip S. Frank
Assistant Corporation Counsel
cc:

All counsel (via ECF)

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