Polanco v. Carranza
- Vyskocil
- 1:19-cv-08870
- U.S. District Court · Southern District of New York
- 1
In Polanco v. Carranza, Judge Vyskocil lifted the stay and set deadlines for revised briefs on the proposed order to show cause.
The order affected the plaintiff and the named defendants by lifting the stay and setting deadlines for their briefs; it also directed the Clerk of Court to terminate docket entry 20.
What happened
Polanco v. Carranza concerned a stayed matter in which the plaintiff had submitted a proposed order to show cause without emergency relief. The court noted that the plaintiff’s earlier memorandum did not address a later Second Circuit decision.
The court lifted the stay and ordered revised briefing. The plaintiff’s opening brief was due April 21, 2023; the defendants’ opposition was due May 5; and the plaintiff’s reply was due May 12.
Judge Mary Kay Vyskocil also requested that the Clerk of Court terminate docket entry 20. This order addressed the stay and briefing schedule, not the underlying claims.
The detailed version
- Polanco v. Carranza · No. 1:19-cv-08870
- Vyskocil
- Apr. 4, 2023
Background
On April 4, 2023, the court issued an order in the matter brought by Onaney Polanco, individually and as parent and natural guardian of A.D., against 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. The matter had been stayed.
The plaintiff had filed a memorandum supporting a proposed order to show cause without emergency relief. The court stated that the memorandum predated the Second Circuit’s decision in Ventura de Paulino v. New York City Department of Education, 959 F.3d 519 (2d Cir. 2020). The court therefore required revised briefs concerning the proposed order.
Order
The court lifted the stay. It set the following briefing schedule:
- Plaintiff’s opening brief: due on or before April 21, 2023. - Defendants’ opposition brief: due on or before May 5, 2023. - Plaintiff’s reply brief: due on or before May 12, 2023.
The court also requested that the Clerk of Court lift the stay and terminate docket entry 20.
What the Order Did Not Decide
The order addressed case administration, the stay, and briefing deadlines. It did not decide the underlying claims or the proposed request for relief. No ruling on the merits appears in the opinion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.