Diaz v. Aviles-Ramos

• Court: District Court, S.D. New York
• Decided: May 1, 2025
• Docket: 1:25-cv-01241
• Status: Unknown

Opinion

He eee aye a

MURIEL GOODE-TRUFANT THE CITy OF New York Jaimini A. Vyas Corporation Counsel Assistant Corporation Counsel 100 CHURCH STREET jvyas@law.nye. gov NEW YORK, NY 10007 ms April 30, 2025 BYECE Phe Oguteseree achadedoe pes □□ 5 / Honorable John G. Koeltl / ow Pawelecy Southern District of New York J fy Ob te □ i tr bb tien qytdéty_ Daniel Patrick Moynihan Courthouse Te pe a J yp t 500 Pearl Street Geet ee Aye SE @ New York, NY 10007 ip 20% pUeid er Ufprgtrecrie# lg dt LOH Ge J □ Re: Diaz v. Avilés-Ramos et ano., 25-cv-1241-IGK. / ba & Mb □□□□ CO EK fh □□ Dear Judge Koeitl: Ux CSfCKkG □□ “Us. D . ‘ 2 No This office represents Defendants Melissa Avilés-Ramos, in her official capacity as Chancellor of the New York City Department of Education, and the New York City Department of Education in the above-captioned matter. On April 17, 2025, the Court issued an order directing the parties to submit a Rule 26(f} report by May 1, 2025. ECF 10. I respectfully write jointly with opposing counsel to inform the Court that no discovery will be necessary in this matter and instead request a schedule to brief motions for summary judgment. Parties also respectfully request the Court to waive Rule 56.1 statements because the inquiry here is not whether there are disputed issues of fact. While in IDEA actions “the parties and the court typically style the decision as a ruling on a motion for summary judgement, [] ‘the procedure is in substance an appeal from an administrative determination, not a summary judgement motion.’” Bd. Of Educ. v. C\S., 990 F.3d 156,165 (2d Cir. 2021) (quoting MH. wv NC. Dep t of Educ., 685 F.3d 217,226 (2d Cir. 2012). Because the Parties’ motions will be based solely on the administrative record, the parties jointly and respectfully request that the Court waive the submission of 56.1 statements.

Respectfully, Parties also request the Court to cancel the telephonic initial pretrial conference scheduled for 2:30 p.m. on July 1, 2025, and in lieu of the Rule 26(f) report, propose the following briefing schedule for the Parties’ anticipated summary judgment motions: June 12, 2025: Plaintiff to file their motion for summary judgement July 11,2025: Defendants to file their opposition and cross-motion for summary judgement August 8, 2025: Plaintiffs to file their reply and opposition to Defendants’ cross-motion August 22, 2025: Defendants to file their reply Thank you for Your Honor’s consideration of this request. Respectfully submitted, /s/ Jaimini Vyas Jaimini A. Vyas Assistant Corporation Counsel cc: Plaintiffs’ counsel (via ECF)

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