Rubin v. New York City Board of Education

Background

The court considered a letter from the defendants and a letter from Lise Rubin concerning sanctions and the defendants’ pending motion to dismiss. The court’s individual rules required a pre-motion conference before a sanctions motion could be filed. That conference was scheduled for October 6, 2022.

Court’s rulings

The court confirmed that Rubin could not serve a motion for sanctions under Rule 11, which addresses sanctions for certain improper court filings, before the scheduled pre-motion conference. The defendants were not required at that time to respond to Rubin’s sanctions-related filings. The court said it would discuss the proposed sanctions motion at the conference and, if appropriate, set a briefing schedule.

The court denied Rubin’s request to stay, or pause, the motion to dismiss while a sanctions motion was pending. It directed Rubin to include her arguments opposing dismissal in her opposition brief, due August 5, 2022. The court said any viable sanctions arguments would be considered separately after the motion to dismiss was fully briefed.

The court also denied Rubin’s request to move the pre-motion conference to an earlier date. It stated that the conference would be adjourned to a later date only for a compelling reason or a scheduling conflict. The court further directed Rubin not to submit another request seeking the same stay or an earlier conference date. Judge Katharine H. Parker entered the order. The opinion does not decide the merits of the motion to dismiss or the proposed sanctions motion.