Opinion
1:22-cv-01069 (JLR)
11-28-2022
N.B., individually and on behalf of her child E.B., a minor, Plaintiffs, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant.
ORDER
JENNIFER L. ROCHON, UNITED STATES DISTRICT JUDGE
The Court has reviewed the parties' joint Letter-Motion for a 90-day extension of the stay in this action. ECF No. 17. This is the parties' third request for a 90-day extension of the stay or of Plaintiffs' time to respond to the Complaint. See ECF Nos. 8, 11, 17. Because the Court expects this case to proceed expeditiously, it will grant one final 45-day extension of Plaintiffs' time to respond and not the 90-day extension of the stay that the parties request.
Accordingly, IT IS HEREBY ORDERED that Plaintiffs' time to respond to the Complaint is hereby extended to January 9, 2023. The parties should not expect a further extension of this deadline.
By separate Order to be entered today, the Court is referring the matter to the assigned Magistrate Judge both for General Pretrial Purposes, including settlement, and for any dispositive motions, including motions for summary judgment. In addition, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge.
If both parties consent to proceed before the Magistrate Judge, Plaintiffs shall, by January 9, 2023, file on the docket a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://www.nysd.uscourts.gov/node/754. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before this Court. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. An information sheet on proceedings before magistrate judges is also attached to this Order.
If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter by January 9, 2023 advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge.
The Clerk of Court is respectfully directed to terminate ECF No. 17.
SO ORDERED.