Erde v. New York City Department Of Education
- Katherine Failla
- 1:19-cv-02946
- U.S. District Court · Southern District of New York
- 1
In Erde v. New York City Department of Education, Judge Failla stayed the case pending Second Circuit rehearing petitions and ordered updates within 48 hours.
Susanne Erde, Michael Erde, J.E., and the New York City Department of Education; the case remains stayed while the Second Circuit considers the pending rehearing petitions.
What happened
In Erde v. New York City Department of Education, Susanne and Michael Erde brought the case individually and as parents and guardians of J.E. against the New York City Department of Education.
The order followed a Second Circuit decision in a related case, Ventura de Paulino v. New York City Department of Education. The court noted that petitions seeking rehearing of that decision were pending.
Judge Katherine Polk Failla stayed this case until further order and required the parties to notify the court within 48 hours after the Second Circuit resolves the rehearing petitions.
The detailed version
- Erde v. New York City Department Of Education · No. 1:19-cv-02946
- Katherine Failla
- June 9, 2020
Background
Susanne Erde and Michael Erde sued the New York City Department of Education individually and as parents and natural guardians of J.E. The order refers to a May 18, 2020 decision by the United States Court of Appeals for the Second Circuit in a related case, Ventura de Paulino v. New York City Department of Education. The court understood that the petitioners in that case and associated cases had sought panel rehearing and rehearing by the full court.
Ruling
Judge Katherine Polk Failla stayed the case until further order because those rehearing petitions were pending. The parties were ordered to notify the court within 48 hours after the Second Circuit resolved the petitions for rehearing. The order did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.