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 ordered a response to plaintiffs’ letter about whether a prior decision required dismissal.
The plaintiffs and the New York City Department of Education; the defendant was required to submit a response by July 15, 2020.
What happened
In Erde v. New York City Department of Education, Susanne Erde and Michael Erde, individually and as parents and natural guardians of J.E., argued that a Second Circuit decision did not require dismissal of their case.
The plaintiffs made that argument in a July 2, 2020 letter. The court ordered the New York City Department of Education to respond in a letter brief of no more than ten pages by July 15, 2020.
Judge Katherine Polk Failla issued the order on July 6, 2020. The order only required the defendant to respond; it did not decide whether the case should be dismissed.
The detailed version
- Erde v. New York City Department Of Education · No. 1:19-cv-02946
- Katherine Failla
- July 6, 2020
Background
The plaintiffs are Susanne Erde and Michael Erde, individually and as parents and natural guardians of J.E. The defendant is the New York City Department of Education.
The court received the plaintiffs’ July 2, 2020 letter arguing that the Second Circuit’s decision in a cited case did not require dismissal of this action.
Order
The court ordered the New York City Department of Education to respond to the plaintiffs’ letter by July 15, 2020. The response had to be a letter brief no longer than ten pages.
What the Order Did Not Decide
The order did not rule on whether the Second Circuit decision required dismissal, and it did not grant or deny dismissal. It addressed only the next step in briefing that issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.