Erde v. Carranza

Background

The plaintiffs are Susanne Erde and Michael Erde, individually and as parent and natural guardian of J.E. The defendants are Richard Carranza, in his official capacity as Chancellor of the New York City Department of Education, the New York City Department of Education, and the New York State Education Department.

On May 18, 2020, the United States Court of Appeals for the Second Circuit issued a decision in Ventura de Paulino v. New York City Department of Education. On May 19, the district court ordered the parties to submit letter briefs explaining how that decision affected the viability of the plaintiffs’ complaint.

The plaintiffs’ May 28 letter did not explain how their complaint would remain viable after the Second Circuit’s decision. Instead, the plaintiffs argued that the decision was not yet binding because the petitioners in that case and related cases had requested panel rehearing and rehearing by the full court.

Court’s Action

On June 9, 2020, the district court stayed the proceeding while those requests for further review were pending. On June 22, 2020, the Second Circuit denied the requests for panel rehearing and rehearing by the full court.

The court therefore ordered the plaintiffs to file a supplemental letter brief by July 3, 2020. The brief had to address how the Second Circuit’s decision affected whether the plaintiffs’ complaint could proceed.

Disposition and Scope

Judge Katherine Polk Failla’s order required additional briefing. It did not grant or deny a motion, dismiss the complaint, or decide the merits of the plaintiffs’ claims. The opinion text does not describe the underlying claims or explain what effect the Second Circuit’s decision would ultimately have on them.