Erde et al v. New York City Department Of Education

Filing 62

ORDER: Accordingly, Plaintiffs are hereby ORDERED to file a supplemental letter brief on or before July 3, 2020, in which Plaintiffs are instructed to address how the decision in Ventura de Paulino impacts the viability of Plaintiffs' Complaint. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/25/2020) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SUSANNE ERDE and MICHAEL ERDE,
individually and as parents and natural
guardians of J.E.,
Plaintiffs,
-v.-

19 Civ. 2946 (KPF)
ORDER

NEW YORK CITY DEPARTMENT OF
EDUCATION,
Defendant.
KATHERINE POLK FAILLA, District Judge:
On May 18, 2020, the United States Court of Appeals for the Second
Circuit issued its decision in Ventura de Paulino v. New York City Department of
Education, --- F.3d ---, 2020 WL 2516650 (2d Cir. May 18, 2020). On May 19,
2020, the Court issued an Order requiring the parties to file letter briefs
addressing how that decision impacted the viability of Plaintiffs’ Complaint.
(Dkt. #57). On May 29, 2020, Plaintiffs filed a letter in which they did not
explain how their Complaint would remain viable following the de Paulino
decision, but instead argued that the decision was not yet binding in light of
petitions for a panel rehearing and a petition for a rehearing en banc filed by
the petitioners in de Paulino and tandem cases associated with it. (Dkt. #58).
On June 9, 2020, the Court stayed this proceeding in light of the
petitions for rehearing. (Dkt. #61). On June 22, 2020, the Second Circuit
denied the petitions for a panel rehearing and a petition for a rehearing en
banc. Accordingly, Plaintiffs are hereby ORDERED to file a supplemental letter

brief on or before July 3, 2020, in which Plaintiffs are instructed to address
how the decision in Ventura de Paulino impacts the viability of Plaintiffs’
Complaint.
SO ORDERED.
Dated:

June 25, 2020
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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