R. et al v. Department of Education

Filing 6

ORDER In this case, Plaintiffs seek attorney's fees in connection with their claims under the Individuals with Disabilities Education Act, Title 20, United States Code, Section 1410 et seq. By separate Order to be entered today, the Court is referring the matter to the assigned Magistrate Judge both for General Pretrial Purposes, including settlement, and for any dispositive motions, including motions for summary judgment. Unless and until the Magistrate Judge orders otherwise, the par ties shall file a joint letter (addressed to the Magistrate Judge), no later than two weeks from the date of the date on which Defendant enters an appearance, and not to exceed two pages, indicating whether there is any need for discovery or an in itial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. In addition, to conserve resources, to promote judicial effici ency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, Plaintiffs shall, within two weeks of the date on which Defendant enters an appearance, file on the docket a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://www.nysd.uscourts.gov/node/754. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter by the same deadline advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/15/2023) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
D.R. and E.R., individually and on behalf of
their minor disabled son R.R.,
Plaintiffs,
-againstNew York City Department of Education,

1:23-cv-9667 (JLR)
ORDER

Defendant.

JENNIFER L. ROCHON, United States District Judge:
In this case, Plaintiffs seek attorney’s fees in connection with their claims under the
Individuals with Disabilities Education Act, Title 20, United States Code, Section 1410 et seq.
By separate Order to be entered today, the Court is referring the matter to the assigned
Magistrate Judge both for General Pretrial Purposes, including settlement, and for any
dispositive motions, including motions for summary judgment.
Unless and until the Magistrate Judge orders otherwise, the parties shall file a joint letter
(addressed to the Magistrate Judge), no later than two weeks from the date of the date on
which Defendant enters an appearance, and not to exceed two pages, indicating whether there
is any need for discovery or an initial conference in this case. If there is no such need, the parties
should include in their letter a proposed briefing schedule for any motions, including motions for
summary judgment.
In addition, to conserve resources, to promote judicial efficiency, and in an effort to
achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss
whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further
proceedings before the assigned Magistrate Judge.

If both parties consent to proceed before the Magistrate Judge, Plaintiffs shall, within
two weeks of the date on which Defendant enters an appearance, file on the docket a fully
executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of
which is available at https://www.nysd.uscourts.gov/node/754. If the Court approves that form,
all further proceedings will then be conducted before the assigned Magistrate Judge rather than
before the undersigned.
If either party does not consent to conducting all further proceedings before the assigned
Magistrate Judge, the parties must file a joint letter by the same deadline advising the Court that
the parties do not consent, but without disclosing the identity of the party or parties who do
not consent. There will be no adverse consequences if the parties do not consent to proceed
before the Magistrate Judge.
Dated: November 15, 2023
New York, New York
SO ORDERED.

JENNIFER L. ROCHON
United States District Judge