Fiallos v. Banks

Background

Ten parents sued David C. Banks, in his official capacity as Chancellor of the New York City Department of Education, and the New York City Department of Education. The complaint asserted claims on behalf of ten students of varying ages and with different accommodations needed to access a free appropriate public education. The opinion states that each parent allegedly obtained a pendency order for the parent’s child through a separate due-process proceeding before a different Impartial Hearing Officer.

The plaintiffs also submitted a proposed order to show cause and a memorandum supporting a motion for a preliminary injunction.

Joinder Issue

The court explained that permissive joinder under Federal Rule of Civil Procedure 20 is proper when plaintiffs’ claims arise from the same transaction, occurrence, or series of transactions and are sufficiently connected that resolving them together promotes fairness and judicial efficiency. The court cited an earlier decision stating that joinder is not appropriate for distinct individuals with unique needs, different underlying educational claims, and different administrative orders issued for different periods and by different hearing officers.

Ruling and Deadlines

The court ordered the plaintiffs to file, by November 29, 2023, a letter brief of no more than five pages explaining why the claims of all plaintiffs other than Alexandra Fiallos should not be dismissed without prejudice for improper joinder under Rule 20. The court also ordered the plaintiffs to serve the order and the memorandum supporting their proposed preliminary-injunction order on the defendants or their counsel by November 15, 2023.

The court held the preliminary-injunction motion in abeyance pending receipt of the required letter. The order did not decide whether the claims were improperly joined or whether the preliminary injunction should issue.