Case: T.H. v. Walcott

1:13-cv-08777 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 11, 2013

Clearinghouse coding complete

Case Summary

On October 11, 2013, children with disabilities enrolled in New York City public schools, filed this lawsuit against the New York Department of Education in the U.S. District Court for the Southern District of New York. The plaintiffs sued under 42 U.S.C. §1983, Title II of the Americans with Disabilities Act, §504 of The Rehabilitation Act, and the Individuals with Disabilities Act. The plaintiffs alleged that the school district had forcibly interrupted the education of students with disabili…

On October 11, 2013, children with disabilities enrolled in New York City public schools, filed this lawsuit against the New York Department of Education in the U.S. District Court for the Southern District of New York. The plaintiffs sued under 42 U.S.C. §1983, Title II of the Americans with Disabilities Act, §504 of The Rehabilitation Act, and the Individuals with Disabilities Act. The plaintiffs alleged that the school district had forcibly interrupted the education of students with disabilities through repeated misuse of emergency medical services (EMS) to remove these students from school even though they were not in need of medical care. Instead, the district relied on EMS to address disruptive behavior. The plaintiffs also alleged this practice was unconstitutional under the Fourth and Fourteenth Amendments and that it violated state law and city regulations. The plaintiffs sought declaratory and injunctive relief to halt this practice, as well as damages and attorneys’ fees. The plaintiffs were represented by Legal Services NYC and private counsel.

On March 18, 2014, the plaintiffs filed an amended complaint, adding five additional plaintiff-parents and their children as well as new factual details.

On March 31, 2014, the defendants filed a motion to dismiss for lack of jurisdiction.

April 7, 2014 – referring case to magistrate judge James L. Cott for settlement. From June 30, 2014 through November 6, 2014, the parties held five settlement conferences in front of Magistrate Judge Cott. In light of the settlement conferences, the defendants removed their motion to dismiss for lack of jurisdiction on September 24, 2014.

On December 15, 2014, the parties entered a settlement agreement that required policy changes and training for the defendant, as well as reporting requirements throughout the stipulation period that runs until June 30, 2018. In addition to injunctive relief, the defendant won $502,621.7 in emotional damages and out-of-pocket costs for eleven plaintiff-children and their parents and $613,000 in attorneys fees. The terms of agreement were enforceable by the court.

On January 14, 2015, Magistrate Judge Cott approved all the individual plaintiffs’ infant compromises, which outlined how the plaintiff parents would use the plaintiff children’s damages money. Most put the money into trusts for their chidlrens’ future use. Although the court maintains jurisdiction to monitor the settlement, all the disputes are now resolved.

Summary Authors

Sean Mulloy (10/1/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4353074/parties/th-v-walcott/


Judge(s)

Cott, James (New York)

Attorney for Plaintiff

Bedard, Nancy (New York)

Foster, Tara (New York)

Attorney for Defendant

Carter, Zachary W. (New York)

Edmonds, Elizabeth (New York)

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Documents in the Clearinghouse

Document

1:13-cv-08777

Docket [PACER]

April 28, 2015

April 28, 2015

Docket
1

1:13-cv-08777

Preliminary Statement

Dec. 11, 2013

Dec. 11, 2013

Complaint
19

1:13-cv-08777

Amended Complaint

March 18, 2014

March 18, 2014

Complaint
71

1:13-cv-08777

Stipulation and Order of Settlement

Dec. 12, 2014

Dec. 12, 2014

Settlement Agreement
113

1:13-cv-08777

Memorandum Order

Jan. 14, 2015

Jan. 14, 2015

Order/Opinion
119

1:13-cv-08777

Stipulation and Order of Settlement Regarding Attorneys' Fees

April 28, 2015

April 28, 2015

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4353074/th-v-walcott/

Last updated March 5, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Salvatore J. Cassano, John/Jane Doe, New York City Department of Education, The City of New York, Dennis Walcott. (Filing Fee $ 350.00, Receipt Number 1083222)Document filed by M.E., K.J., K.P., C.J., T.H., Y.P.(laq) (Additional attachment(s) added on 12/17/2013: # 1 cmp part 2, # 2 cmp part 3) (laq). (Entered: 12/16/2013)

1 cmp part 2

View on PACER

2 cmp part 3

View on PACER

Dec. 11, 2013

Dec. 11, 2013

RECAP

SUMMONS ISSUED as to Salvatore J. Cassano, John/Jane Doe, New York City Department of Education, The City of New York, Dennis Walcott. (laq)

Dec. 11, 2013

Dec. 11, 2013

PACER

Magistrate Judge James L. Cott is so designated. (laq)

Dec. 11, 2013

Dec. 11, 2013

PACER

Case Designated ECF. (laq)

Dec. 11, 2013

Dec. 11, 2013

PACER
2

AFFIDAVIT OF SERVICE. Salvatore J. Cassano served on 12/16/2013, answer due 1/6/2014. Service was accepted by Clerk. Document filed by M.E.; K.J.; K.P.; C.J.; T.H.; Y.P.. (Mar, Nelson) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
3

AFFIDAVIT OF SERVICE. Dennis Walcott served on 12/16/2013, answer due 1/6/2014. Service was accepted by Clerk. Document filed by M.E.; K.J.; K.P.; C.J.; T.H.; Y.P.. (Mar, Nelson) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
4

AFFIDAVIT OF SERVICE. New York City Department of Education served on 12/12/2013, answer due 1/2/2014; The City of New York served on 12/12/2013, answer due 1/2/2014. Service was accepted by Clerk. Document filed by M.E.; K.J.; K.P.; C.J.; T.H.; Y.P.. (Mar, Nelson) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
5

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/4/2014 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman as further set forth in this order. (Signed by Judge Jesse M. Furman on 12/26/2013) (lmb) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
6

NOTICE OF APPEARANCE by Elizabeth Sheehan Edmonds on behalf of Salvatore J. Cassano, New York City Department of Education, The City of New York, Dennis Walcott. (Edmonds, Elizabeth) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

PACER
7

FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Jesse M. Furman from Elizabeth Edmonds dated December 31, 2013. Document filed by Salvatore J. Cassano, New York City Department of Education, The City of New York, Dennis Walcott.(Edmonds, Elizabeth) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

PACER
8

ORDER granting in part 7 Letter Motion for Extension of Time. Defendants are granted a 30-day extension of time to answer or otherwise respond to the Complaint. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
9

LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Jesse M. Furman from Elizabeth Edmonds dated January 17, 2014. Document filed by Salvatore J. Cassano, New York City Department of Education, The City of New York, Dennis Walcott.(Edmonds, Elizabeth) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
10

ORDER granting in part 9 Letter Motion for Extension of Time. Defendants are granted until February 24, 2014 to answer or otherwise respond to the complaint. No further extensions will be granted. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
11

NOTICE OF APPEARANCE by Nanette Schorr on behalf of T.H.. (Schorr, Nanette) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

PACER
12

ANSWER to 1 Complaint,. Document filed by Salvatore J. Cassano, New York City Department of Education, The City of New York, Dennis Walcott.(Edmonds, Elizabeth) (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

RECAP
13

LETTER addressed to Judge Jesse M. Furman from Christopher D. Lamb dated February 27, 2014 re: joint letter in advance of initial conference. Document filed by T.H.. (Attachments: # 1 Exhibit Proposed Civil Case Management Plan and Scheduling Order)(Lamb, Christopher) (Entered: 02/27/2014)

1 Exhibit Proposed Civil Case Management Plan and Scheduling Order

View on PACER

Feb. 27, 2014

Feb. 27, 2014

PACER

Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 3/4/2014. Mariann Wang present for plaintiff K.P. Christopher Lamb, Nancy Bedard, Nanette Schorr and Nelson Mar present for the remaining plaintiffs. Elizabeth Edmonds and Omar Tuffaha present for the Defendants. (ab)

March 4, 2014

March 4, 2014

PACER
14

CIVIL CASE MANAGEMENT PLAN AND RESCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended Pleadings due by 3/17/2014. Motions for judgements on the pleadings due by 3/21/2014. Deposition due by 10/2/2014. Fact Discovery due by 10/2/2014. Expert Discovery due by 11/16/2014. Discovery due by 9/4/2014. Pretrial Conference set for 10/2/2014 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The parties shall meet and confer is person this week regarding the scope of releases from Plaintiffs and a protective order. The parties shall advise the Court by joint letter no later than March 11, 2014, if they have reached agreement on those matters and, if not, shall propose a process and deadlines for resolving any remaining disagreements. The parties shall submit a joint letter no later than April 4, 2014, regarding their settlement discussions and desire, if any, for a referral to the assigned Magistrate Judge. (Signed by Judge Jesse M. Furman on 3/4/2014) (kgo) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
15

JOINT LETTER addressed to Judge Jesse M. Furman from Elizabeth Edmonds dated March 11, 2014 re: releases and protective order. Document filed by Salvatore J. Cassano, New York City Department of Education, The City of New York, Dennis Walcott.(Edmonds, Elizabeth) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
16

MEMO ENDORSEMENT on re: 15 Letter filed by The City of New York, Dennis Walcott, New York City Department of Education, Salvatore J. Cassano. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2014) (ajs) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

PACER
17

STIPULATION AND ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jesse M. Furman on 3/17/2014) (mro) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER
18

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending 1 Complaint, against All Defendants with JURY DEMAND.Document filed by T.H.. Related document: 1 Complaint, filed by K.P., T.H., M.E., K.J., C.J., Y.P..(Lamb, Christopher) Modified on 3/18/2014 (cde). (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Christopher D. Lamb RE: Document No. 18 Amended Complaint,. The filing is deficient for the following reason(s): g Re-file the document and select the correct party you are filing against.Select the Add Party for Pleading event found under the event category Complaints and Other Initiating Documents. (cde)

March 18, 2014

March 18, 2014

PACER
19

AMENDED COMPLAINT amending 18 Amended Complaint, against Salvatore J. Cassano, Carmen Farina, John/Jane Doe, New York City Department of Education, The City of New York with JURY DEMAND.Document filed by K.P., T.H., M.E., K.J., C.J., Y.P., S. D., R. M. T., N. C. R., C. R., A. D., T. W., Q. A., A. A., I. S.. Related document: 18 Amended Complaint, filed by T.H..(Lamb, Christopher) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

RECAP
20

LETTER addressed to Judge Jesse M. Furman from Elizabeth Edmonds dated March 18, 2014 re: Motion to Dismiss the Amended Complaint. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Edmonds, Elizabeth) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER

***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. The following party has been removed from this case as ADR Providers and changed to plaintiffs: A.A., O.A, S.D., C.R. and R.T.. The party was added to the case in error. The plaintiff's party text information was not added. (laq)

March 18, 2014

March 18, 2014

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. The following party has been modified:Dennis Walcott.The party has been modified for the following reason(s): Party name was not terminated. (laq)

March 18, 2014

March 18, 2014

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. The following party has been modified:Carmen Farina.The party has been modified for the following reason(s): Party name was entered incorrectly. (laq)

March 18, 2014

March 18, 2014

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. The following party has been modified:John/Jane Doe.The party has been modified for the following reason(s): Party name was entered incorrectly. (laq)

March 18, 2014

March 18, 2014

PACER
21

LETTER addressed to Judge Jesse M. Furman from Christopher D. Lamb dated March 19, 2014 re: Defendants' motion to dismiss. Document filed by A. A., Q. A., C.J., A. D., S. D., K.J., K.P., M.E., C. R., N. C. R., I. S., R. T., T.H., T. W., Y.P..(Lamb, Christopher) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
22

MEMO ENDORSEMENT on re: 21 Letter, filed by A. D., T. W., I. S., K.P., N. C. R., T.H., K.J., M.E., C.J., R. M. T., Y.P. Defendants shall file their motion to dismiss no later than March 31, 2014; any opposition shall be filed no later than April 21, 2014; and any reply shall be filed no later than April 30, 2014. Counsel are reminded that applications for extensions of time should be filed as letter motions, not ordinary letters. Counsel should consult the Court's Individual Rules and the SDNY ECF Rules and Instructions for further guidance. (Motions due by 3/31/2014. Responses due by 4/21/2014. Replies due by 4/30/2014.) (Signed by Judge Jesse M. Furman on 3/19/2014) (ajs) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
23

LETTER MOTION for Local Rule 37.2 Conference Regarding Scope of Releases addressed to Judge Jesse M. Furman from Omar H. Tuffaha dated 3/27/14. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Tuffaha, Omar) (Entered: 03/27/2014)

March 27, 2014

March 27, 2014

PACER
24

MOTION to Dismiss for Lack of Jurisdiction. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York. Responses due by 4/21/2014(Edmonds, Elizabeth) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
25

DECLARATION of Rachael Teitel in Support re: 24 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York. (Edmonds, Elizabeth) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
26

MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York. (Edmonds, Elizabeth) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
27

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference Regarding Plaintiffs' Opposition to Defendants' Request for Additional Releases addressed to Judge Jesse M. Furman from Christopher D. Lamb dated April 1, 2014. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P..(Lamb, Christopher) Modified on 4/2/2014 (db). (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

PACER
28

ORDER: On March 31, 2014, Defendants filed a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by April 21, 2014. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If plaintiff does amend, by three (3) weeks after the amended complaint is filed, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that it relies on the previously filed motion to dismiss. If defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. Pursuant to the Case Management Plan (Docket No. 14) and the Endorsed Letter of March 19, 2014 (Docket No. 22), it is further ORDERED that, if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by April 21, 2014. Defendant's reply, if any, shall be served by April 30, 2014. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. Finally, the parties are reminded that discovery is not stayed pending a ruling on the motion. (Signed by Judge Jesse M. Furman on 4/1/2014) (mro) (Entered: 04/02/2014)

April 1, 2014

April 1, 2014

PACER

Set/Reset Deadlines: Amended Pleadings due by 4/21/2014. (mro)

April 1, 2014

April 1, 2014

PACER
29

ORDER denying 23 and 27 Letter Motions for Local Rule 37.2 Conference. There is no need for a conference to address the parties' disputes as Plaintiffs' objections to the proposed releases are overruled. Defendants are entitled to the medical and mental health records they seek as Plaintiffs have put the medical and mental health of the student Plaintiffs directly into issue. The fact that Plaintiffs seek only "garden variety" damages is of no moment, as Defendants are entitled to the records to contest liability. And any privacy interests are adequately addressed by the protective order that is in place. (Docket No. 17). With respect to Plaintiffs' remaining objections - to the releases for certain Plaintiffs' private school and private evaluation records and ACS records - Plaintiffs have not invoked any privilege, but appear to challenge only the relevance of such records. Given the broad definition of relevance for purposes of discovery, those objections are without merit. Again, any privacy concerns are adequately addressed by the protective order. For the foregoing reasons, Plaintiffs' objections are overruled, and they are ordered to provide the releases at issue within one week of this Order. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
30

LETTER addressed to Judge Jesse M. Furman from Christopher D. Lamb dated April 4, 2014 re: Parties' Request for Referral to Magistrate Judge for Settlement Conference. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P..(Lamb, Christopher) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
31

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. No later than April 9, 2014, the parties shall contact the chambers of Magistrate Judge Cott to schedule a settlement conference for as soon as possible. (Signed by Judge Jesse M. Furman on 4/7/2014) (mro) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
32

ORDER SCHEDULING SETTLEMENT CONFERENCE: By Order of Reference dated April 7, 2014 (Dkt. No. 31), Judge Furman referred this case to me for settlement. Upon request of the parties, a settlement conference will be held before me on May 29, 2014 at 10:00 a.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. The parties should also note that paragraph 3 of the Standing Order requires ex parte written submissions, which must be received by the Court no later than five (5) business days before the conference, that is, May 21, 2014 (in light of the Memorial Day holiday). (Settlement Conference set for 5/29/2014 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 4/10/2014) (ja) (Main Document 32 replaced on 4/10/2014) (ja). (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER
33

LETTER addressed to Judge Jesse M. Furman from Elizabeth Edmonds dated April 17, 2014 re: Releases. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Edmonds, Elizabeth) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
34

LETTER addressed to Judge Jesse M. Furman from Christopher D. Lamb dated April 17, 2014 re: Releases. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P..(Lamb, Christopher) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
35

MEMO ENDORSEMENT on re: 33 Letter filed by The City of New York, New York City Department of Education, Carmen Farina, Salvatore J. Cassano. ENDORSEMENT: Plaintiffs are in violation of the Court's order, which required compliance by April 9, 2014. (The fact that Defense counsel agreed to an extension does not mitigate Plaintiffs' violation, as Plaintiffs' counsel did not seek an extension from the Court.) Plaintiffs' counsel shall file a letter no later than April 22, 2014, showing cause why the Court should not impose sanctions for the violation. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/18/2014) (mro) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
36

MEMO ENDORSEMENT on re: 34 Letter filed by A. D., T. W., I. S., K.P., N. C. R., T.H., K.J., M.E., C.J., R. M. T., Y.P. ENDORSEMENT: The Court endorsed Defendants' letter before receiving this letter, although the endorsement was not docketed until after the Court received this letter. In light of this letter, the Court's prior endorsement is moot. Plaintiffs' counsel shall provide the remaining releases to Defendants no later than April 28, 2014. If Plaintiff's counsel is unable to do so, counsel shall apply to the Court for additional time, explaining what steps counsel has taken to comply with this Order and why additional time is needed. Counsel on both sides are encouraged to work together to resolve these and any other discovery disputes. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/18/2014) (ajs) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
37

NOTICE OF APPEARANCE by Daniel Erik Mullkoff on behalf of K.P.. (Mullkoff, Daniel) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
38

MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P.. (Lamb, Christopher) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
39

FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jesse M. Furman from Elizabeth Edmonds dated April 28, 2014. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Edmonds, Elizabeth) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
40

ORDER granting 39 Letter Motion for Extension of Time to File Response/Reply re 24 MOTION to Dismiss for Lack of Jurisdiction. Defendants shall file their reply no later than May 7, 2014. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER
41

REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss for Lack of Jurisdiction. . Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York. (Edmonds, Elizabeth) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER
42

FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge James L. Cott from Elizabeth Edmonds dated May 15, 2014. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Edmonds, Elizabeth) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
43

ORDER granting 42 Letter Motion to Adjourn Conference Settlement Conference set for 6/30/2014 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. Ex parte settlement letters are due by June 23, 2014. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
44

LETTER MOTION for Extension of Time to file ex parte letters addressed to Magistrate Judge James L. Cott from Christopher D. Lamb dated June 19, 2014. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P..(Lamb, Christopher) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER
45

ORDER granting 44 Letter Motion for Extension of Time. The request is Granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER
46

LETTER MOTION for Conference Attendance Excusal addressed to Magistrate Judge James L. Cott from Christopher D. Lamb dated June 24, 2014. Document filed by T.H..(Lamb, Christopher) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

PACER
47

ORDER granting 46 request for plaintiff TH to appear by telephone. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

PACER
48

NOTICE OF APPEARANCE by Serena Mabel Longley on behalf of Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York. (Longley, Serena) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER
49

NOTICE OF APPEARANCE by Marilyn Richter on behalf of Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York. (Richter, Marilyn) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
50

ORDER: At the end of the settlement conference held today, the Court, upon consultation with the parties, established the following schedule: Counsel for Defendants shall inform the undersigned by telephone no later than July 9, 2014 whether they have obtained approval of the settlement amounts discussed today as to Plaintiffs' emotional distress claims... Plaintiffs' counsel shall prepare a comprehensive draft settlement document and transmit it to counsel for Defendants no later than July 14, 2014. Defendants' counsel shall review the document and provide proposed revisions and counter proposals no later than August 15, 2014... The parties shall then send the latest version of the draft settlement document reflecting their negotiations to the undersigned by email to the address to which they sent their ex parte settlement letters no later than September 5, 2014... The Court will hold a subsequent settlement conference on September 10, 2014 at 10:00 a.m. in Courtroom 21D, U.S. Courthouse, 500 Pearl Street, New York, New York... (Settlement Conference set for 9/10/2014 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 6/30/2014) (ja) (Entered: 07/01/2014)

June 30, 2014

June 30, 2014

RECAP

Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 6/30/2014. (Tam, David)

June 30, 2014

June 30, 2014

PACER
51

LETTER MOTION for Extension of Time to Complete Discovery and to request that defendants' motion to dismiss be held in abeyance addressed to Judge Jesse M. Furman from Omar H. Tuffaha dated July 16, 2014. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Tuffaha, Omar) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
52

ORDER granting 51 Letter Motion for Extension of Time to Complete Discovery. The discovery dates are extended as indicated in Defendants' letter. Further, the pretrial conference scheduled for October 2, 2014, is ADJOURNED to December 1, 2014, at 2:45 p.m. The parties are cautioned that the discovery deadlines will not be extended further on the basis of settlement discussions alone. Finally, the Court will hold the pending motion in abeyance until at least September 10, 2014. No later than September 12, 2014, Defendants shall file a letter indicating the parties' views on whether the Court should proceed to rule on the motion or continue to await the outcome of settlement discussions. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
53

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Magistrate Judge James L. Cott from Christopher D. Lamb dated September 4, 2014. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P..(Lamb, Christopher) Modified on 9/5/2014 (db). (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
54

ORDER granting 53 Letter Motion for Conference The continued settlement conference is rescheduled for 9/22/2014 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. Ex parte letters are due no later than September 17, 2014 at 5 pm, with the understanding that the parties will meet in person at least once and perhaps twice more in advance of the conference in order to narrow the issues to be discussed. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
55

LETTER addressed to Judge Jesse M. Furman from Omar H. Tuffaha dated 9/10/14 re: request that defendants' motion to dismiss be held in abeyance until after the next settlement conference. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Tuffaha, Omar) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
56

MEMO ENDORSEMENT on re: 55 Letter, filed by The City of New York, New York City Department of Education, Carmen Farina, Salvatore J. Cassano. ENDORSEMENT: Application GRANTED. The parties shall report to the Court no later than September 24, 2014, regarding the status of the settlement discussions. (Signed by Judge Jesse M. Furman on 9/10/2014) (tn) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
57

NOTICE OF CHANGE OF ADDRESS by Daniel Erik Mullkoff on behalf of K.P.. New Address: Cuti Hecker Wang LLP, 305 Broadway, Suite 607, New York, New York, U.S. 10007, 212-620-2606. (Mullkoff, Daniel) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 9/22/2014. (Tam, David)

Sept. 22, 2014

Sept. 22, 2014

PACER
58

ORDER: At the end of the settlement conference held yesterday, following consultation with the parties, the Court has scheduled two additional settlement conferences on October 14, 2014 and October 30, 2014 at 9:30 a.m. in Courtroom 21D, U.S. Courthouse, 500 Pearl Street, New York, New York. Counsel should plan to allocate the entire day for these conferences. (Settlement Conference set for 10/14/2014 at 09:30 AM in Courtroom 21D of the U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. Settlement Conference set for 10/30/2014 at 09:30 AM in Courtroom 21D of the U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 9/23/2014) (kgo) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
59

LETTER addressed to Judge Jesse M. Furman from Omar H. Tuffaha dated 9/24/2014 re: Request for stay of discovery and permission to withdraw defendants' motion to dismiss without prejdudice. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Tuffaha, Omar) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
60

MEMO ENDORSEMENT on 59 withdrawing 24 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: Applications GRANTED. The parties shall appear for a conference on November 5, 2014, at 3 p.m. Counsel should confer in advance of the conference with respect to the schedule going forward absent a settlement. The Clerk of Court is directed to terminate Docket No. 24. (Signed by Judge Jesse M. Furman on 9/24/2014) (tn) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER

Set/Reset Hearings: Status Conference set for 11/5/2014 at 03:00 PM before Judge Jesse M. Furman. (tn)

Sept. 24, 2014

Sept. 24, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 10/14/2014. (Tam, David)

Oct. 14, 2014

Oct. 14, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 10/29/2014. (Tam, David)

Oct. 29, 2014

Oct. 29, 2014

PACER
61

REVISED SCHEDULING ORDER: that the conference in this matter, previously scheduled for November 5, 2014, at 3:00 p.m., is RESCHEDULED for November 20, 2014, at 2:45 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Status Conference set for 11/20/2014 at 02:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/31/2014) (tn) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
62

ORDER: This Order hereby confirms that the settlement conference that was originally scheduled for October 30, 2014 at 9:30 a.m. is rescheduled to November 6, 2014 at 9:30 a.m. in Courtroom 21D, U.S. Courthouse, 500 Pearl Street, New York, New York. As noted in the previous order (Dkt. No. 58), counsel should plan to allocate the entire day for the conference. Settlement Conference set for 11/6/2014 at 09:30 AM in Courtroom 21D of the U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Judge Lorna G. Schofield on 10/31/2014) (kgo) Modified on 11/5/2014 (kgo). (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 11/6/2014. (Tam, David)

Nov. 6, 2014

Nov. 6, 2014

PACER
63

ORDER: At the conclusion of the settlement conference yesterday, the Court set the following deadlines: (1) Assuming the terms of the settlement are finalized, the parties are directed to submit their Stipulation and Order of Settlement (the "Stipulation") to the Court by December 5, 2014. The Stipulation shall be submitted to the undersigned if the parties complete a "consent form" pursuant to 28 U.S.C. ยง 636(c) and submit it to Judge Furman by December 5, 2014. (2) Plaintiffs' counsel are directed to submit applications for infant compromise orders for their respective clients by December 19, 2014. These submissions should comply with Local Civil Rule 83.2. As discussed at yesterday's conference, the Court is prepared to dispense with a formal hearing, given that the plaintiffs appeared before the Court at the settlement conference on June 30, 2014 (and, in the case of one plaintiff, again on November 6, 2014). (Motions due by 12/19/2014.) (Signed by Magistrate Judge James L. Cott on 11/7/2014) (kgo) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
64

LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Christopher D. Lamb dated November 13, 2014. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P..(Lamb, Christopher) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
65

ORDER granting 64 Letter Motion to Cancel Conference. The November 20, 2014 conference is hereby cancelled. The parties shall submit either a consent form or their settlement to the Court no later than December 5, 2014. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
66

SCHEDULING ORDER: In light of the Court's 11/13/2014 Order (Docket No. 65 ), the pretrial conference previously scheduled for 12/1/2014, at 2:45 p.m. (Docket No. 52 ) is adjourned sine die. (Signed by Judge Jesse M. Furman on 11/25/2014) (tro) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
67

LETTER MOTION for Extension of Time to submit the parties' Stipulation addressed to Magistrate Judge James L. Cott from Omar H. Tuffaha dated 12/4/2014. Document filed by Salvatore J. Cassano, Carmen Farina, New York City Department of Education, The City of New York.(Tuffaha, Omar) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
68

ORDER granting 67 Letter Motion for Extension of Time. The request is GRANTED. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
69

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge James L. Cott. (Signed by Judge Jesse M. Furman on 12/3/2014) (tn) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
70

CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Jesse M. Furman on 12/3/2014) (tn) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
71

STIPULATION AND ORDER OF SETTLEMENT: IT IS HEREBY AGREED by and among the parties as follows: DOE shall include the language of the attached Exhibit A in a proposed Chancellor's Regulation with an effective date of August 1, 2015, that if enacted, will be binding on DOE. DOE shall post the proposed Chancellor's Regulation for adoption at a meeting of the Panel for Education Policy scheduled to be held prior to June 1, 2015. DOE shall communicate interim guidance on the policies and procedures set forth m Section I of Exhibit A to all principals by January 31, 2015. Within seven days of the vote by the Panel for Educational Policy on the proposed Chancellor's Regulation incorporating the language in Exhibit A, Defendants will notify Plaintiffs that a vote was held and provide Plaintiffs with the text of the adopted regulation. Each school shall have a Crisis Intervention Team. By August 15 of each year, Defendants will provide Plaintiffs a list of the Designated Schools and Designated Sites for the coming year and will provide Plaintiffs with the data used for determining the list. If the Court extends the term of the Stipulation of Settlement and/or orders additional relief, the Court may award Plaintiffs reasonable attorneys' fees and costs for their noncompliance application, and the following as further set forth herein. The parties shall sign all documents necessary to provide Magistrate Judge James L. Cott with jurisdiction over this matter. (Signed by Magistrate Judge James L. Cott on 12/15/2014) (kgo) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
72

LETTER MOTION for Extension of Time to Submit Infant Compromise Motions addressed to Magistrate Judge James L. Cott from Christopher D. Lamb dated December 19, 2014. Document filed by C.J., A. D., K.J., K.P., M.E., N. C. R., I. S., R. M. T., T.H., T. W., Y.P..(Lamb, Christopher) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
73

ORDER granting 72 Letter Motion for Extension of Time. Application granted. Infant Compromise Proposed Orders and supporting papers due by January 9, 2015. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
74

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve infant compromise . Document filed by T.H.. (Attachments: # 1 Text of Proposed Order)(Lamb, Christopher) Modified on 1/9/2015 (db). (Entered: 01/09/2015)

1 Text of Proposed Order

View on PACER

Jan. 9, 2015

Jan. 9, 2015

PACER
75

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve infant compromise . Document filed by A. D.(Lamb, Christopher) Modified on 1/9/2015 (db). (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher D. Lamb to RE-FILE Document 74 MOTION to Approve infant compromise . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

Jan. 9, 2015

Jan. 9, 2015

PACER
76

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve infant compromise . Document filed by R. M. T. (Lamb, Christopher) Modified on 1/9/2015 (db). (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
77

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve infant compromise . Document filed by I. S. (Lamb, Christopher) Modified on 1/9/2015 (db). (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
78

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve infant compromise . Document filed by N. C. R. (Lamb, Christopher) Modified on 1/9/2015 (db). (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher D. Lamb to RE-FILE Document 77 MOTION to Approve infant compromise . 75 MOTION to Approve infant compromise ., 76 MOTION to Approve infant compromise . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

Jan. 9, 2015

Jan. 9, 2015

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher D. Lamb to RE-FILE Document 78 MOTION to Approve infant compromise . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)

Jan. 9, 2015

Jan. 9, 2015

PACER
79

MOTION to Approve infant compromise . Document filed by T.H.. (Attachments: # 1 Text of Proposed Order)(Lamb, Christopher) (Entered: 01/09/2015)

1 Text of Proposed Order

View on PACER

Jan. 9, 2015

Jan. 9, 2015

PACER
80

DECLARATION of T.H. in Support re: 79 MOTION to Approve infant compromise .. Document filed by T.H.. (Lamb, Christopher) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
81

DECLARATION of Nelson Mar in Support re: 79 MOTION to Approve infant compromise .. Document filed by T.H.. (Lamb, Christopher) (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 11, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Children with disabilities enrolled in New York City public schools and their parents

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York City), City

New York City Department of Education, City

New York Fire Department, State

Defendant Type(s):

Elementary/Secondary School

Fire

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Due Process

Available Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,115,621

Order Duration: 2015 - 2018

Content of Injunction:

Reasonable Accommodation

Reporting

Training

Issues

General:

Education

School/University policies

Disability and Disability Rights:

Reasonable Modifications

disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)