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S.D.N.Y.Procedural orderFiled June 9, 2020

Franco v. New York City Department of Education

Judge
Katherine Failla
Docket
1:19-cv-02925
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureFamily
In one sentence

Franco v. New York City Department of Education: Judge Failla stayed the case pending Second Circuit rehearing petitions and ordered updates within 48 hours.

Who this affects

The stay pauses proceedings for Miriam Franco, Ramon Carmona, K.C., and the New York City Department of Education until further order. The parties must notify the court within 48 hours after the Second Circuit resolves the pending rehearing petitions.

What happened

In Franco v. New York City Department of Education, Miriam Franco and Ramon Carmona brought the case individually and as parents and guardians of K.C. against the New York City Department of Education.

The court noted that the Second Circuit had issued a decision in a related case and that petitions seeking rehearing were pending.

Judge Failla stayed this case until further order and required the parties to notify the court within 48 hours after the Second Circuit resolved the rehearing petitions.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Franco v. New York City Department of Education · No. 1:19-cv-02925
Judge
Katherine Failla
Date
June 9, 2020

Background

Miriam Franco and Ramon Carmona are plaintiffs in this case, individually and as parents and natural guardians of K.C. The defendant is the New York City Department of Education. The opinion does not describe the underlying claims.

Reason for the Order

The court noted that the United States Court of Appeals for the Second Circuit had issued a decision in a related matter, Ventura de Paulino v. New York City Department of Education, on May 18, 2020. The court understood that petitions for rehearing by the panel and for rehearing by the full court were pending in that matter and related cases.

Ruling

Judge Katherine Polk Failla ordered that this case be stayed until further order of the court. The parties were ordered to notify the court within 48 hours after the Second Circuit resolved the pending rehearing petitions. The order did not decide the underlying claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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