Erde v. New York City Department Of Education
- Katherine Failla
- 1:19-cv-02946
- U.S. District Court · Southern District of New York
- 2
In Erde v. New York City Department of Education, Judge Failla ordered plaintiffs to explain how a later appellate decision affects their complaint.
Susanne Erde and Michael Erde, individually and as parents and natural guardians of J.E., were required to file a supplemental letter brief explaining how the Second Circuit decision affected their complaint.
What happened
In Erde v. New York City Department of Education, the court considered how a Second Circuit decision affected the plaintiffs’ complaint. The plaintiffs are Susanne Erde and Michael Erde, individually and as parents and guardians of J.E.
The court had previously required the plaintiffs to explain the decision’s effect on their complaint. Instead, they argued that the decision was not yet binding because rehearing requests were pending. After the Second Circuit denied those requests, the court ordered the plaintiffs to file another letter brief.
Judge Katherine Polk Failla ordered the plaintiffs to file the supplemental letter brief by July 3, 2020. This order did not decide whether the complaint was viable.
The detailed version
- Erde v. New York City Department Of Education · No. 1:19-cv-02946
- Katherine Failla
- June 25, 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 court identified a May 18, 2020 decision from the United States Court of Appeals for the Second Circuit, Ventura de Paulino v. New York City Department of Education, as potentially affecting whether the complaint could proceed.
On May 19, 2020, the court ordered the parties to submit letter briefs addressing that decision’s effect on the complaint. In their May 29 letter, the plaintiffs did not explain how the complaint remained viable after the appellate decision. Instead, they argued that the decision was not yet binding because the parties in that case and related cases had sought panel rehearing and rehearing by the full court.
The court stayed this proceeding on June 9, 2020, while those requests were pending. On June 22, 2020, the Second Circuit denied the rehearing requests.
Order
The court ordered the plaintiffs to file a supplemental letter brief by July 3, 2020. The brief must address how the Second Circuit’s decision affects the viability of the plaintiffs’ complaint.
Effect of the Order
The opinion is a case-management order requiring additional briefing. It does not state that the complaint was dismissed, and it does not decide whether the complaint is viable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.