Rubin v. New York City Board of Education

Background

Lise Rubin filed four motions concerning the defendants’ motion to dismiss and her requests for disability-related accommodations. She asked the court to delay a decision on the motion to dismiss while she submitted an accommodation request; recognize her opposition to the motion to dismiss or allow her to amend her second amended complaint with a supplement; recuse Magistrate Judge Katharine H. Parker; and provide a private conference with Judge Lorna G. Schofield about an accommodation.

Court’s analysis

The court agreed to withhold issuing a Report and Recommendation on the motion to dismiss until it received Rubin’s accommodation letter and accompanying medical information, provided they were submitted by November 21, 2022.

The court found that it was premature to evaluate Rubin’s request to amend and denied that request without prejudice. It also reviewed Rubin’s earlier accommodation requests, including requests involving extensions of time and permission to file her complaint in sections. The court stated that those requests had been granted in full and that her general request for “continued flexibility” had also been honored through numerous deadline extensions. But the court said a reasonable accommodation could not eliminate essentially all deadlines or procedural requirements.

Regarding recusal, which means asking a judge to step aside, the court applied 28 U.S.C. § 455(a), under which recusal is required when a judge’s impartiality might reasonably be questioned. The court concluded that Rubin had not met the substantial burden needed to overcome the presumption that the judge was impartial. It rejected Rubin’s allegations of disability discrimination as unfounded.

The court also said Rubin’s request to seek a medical accommodation had been granted and that no conference was necessary. It directed Rubin to submit a letter explaining the accommodation she sought and why it was needed, and stated that the court would address the request if and when she filed it.

Rulings

Magistrate Judge Katharine H. Parker withheld issuing a Report and Recommendation on the motion to dismiss until the stated accommodation materials were received, subject to the November 21, 2022 deadline. The court denied without prejudice the request to amend, denied the request for a conference, and denied the request for recusal. The Clerk was asked to terminate the motions listed at ECF Nos. 226, 232, 233, 234, and 235.