Case: Ray M. v. Board of Education

1:94-cv-01103 | U.S. District Court for the Eastern District of New York

Filed Date: March 11, 1994

Closed Date: Sept. 25, 2003

Clearinghouse coding complete

Case Summary

This class action suit was brought on March 11, 1994 in U.S. District Court for the Eastern District of New York by parents of preschool children with disabilities against Board of Education of the City School District of the City of New York. The plaintiffs sued under the Individuals with Disabilities Education Act and 42 U.S.C. § 1983, alleging that these children were denied their rights to appropriate educational services under state and federal law. Specifically, the plaintiffs alleged tha…

This class action suit was brought on March 11, 1994 in U.S. District Court for the Eastern District of New York by parents of preschool children with disabilities against Board of Education of the City School District of the City of New York. The plaintiffs sued under the Individuals with Disabilities Education Act and 42 U.S.C. § 1983, alleging that these children were denied their rights to appropriate educational services under state and federal law.

Specifically, the plaintiffs alleged that preschoolers with disabilities were wrongfully denied timely referrals and evaluations to special education and were automatically being placed in the most restrictive classroom settings, which violated state and federal law. The plaintiffs also alleged that disabled preschool students with limited English proficiency were denied timely special education evaluations in the appropriate language and were being placed in inappropriately restrictive classroom settings.

Throughout the pre-trial discovery process, the parties met several times for settlement negotiations. Eventually, on September 10, 1998, the parties notified the court they would submit a proposed order of settlement to include an order preliminary approving the settlement together with the notice to be provided to the class.

The parties' proposed order of settlement was approved on January 28, 1999. The settlement document is not in this Clearinghouse, however, the order of settlement includes references to the defendant implementing integrated placement options; training; collecting data; and monitoring compliance.

On September 25, 2003, the Court ordered that the total attorneys' fees and costs payable to plaintiffs' counsel was $60,000, including all outstanding attorneys' fees, costs, and disbursements incurred by the plaintiffs' counsel.

This case is now closed.

Summary Authors

Ginny Lee (3/11/2017)

People


Judge(s)

Caden, John L. (New York)

Nickerson, Eugene Hoffman (New York)

Attorneys(s) for Plaintiff

Holmes, Ellen Gallagher (New York)

Kolb, Daniel F. (Utah)

Maldonado, Roger J. (New York)

Attorneys(s) for Defendant

Bell, Robert A. (New York)

Colucci, Clement J. (New York)

Rappaport, Stephen Jay (New York)

Judge(s)

Caden, John L. (New York)

Nickerson, Eugene Hoffman (New York)

Attorneys(s) for Plaintiff

Holmes, Ellen Gallagher (New York)

Kolb, Daniel F. (Utah)

Maldonado, Roger J. (New York)

Attorneys(s) for Defendant

Bell, Robert A. (New York)

Colucci, Clement J. (New York)

Rappaport, Stephen Jay (New York)

Documents in the Clearinghouse

Document

1:94-cv-01103

Docket [PACER]

Sept. 25, 2003

Sept. 25, 2003

Docket
1

1:94-cv-01103

Complaint

March 11, 1994

March 11, 1994

Complaint
128

1:94-cv-01103

Order Preliminary Approving Settlement

Jan. 8, 1999

Jan. 8, 1999

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Board of Education, Ramon Cortines, Howard S. Tames, NYS Education Dept., Thomas Sobol, NYC Transportation, Mario M. Cuomo FILING FEE $ 120.00 RECEIPT # 160271 (Greene, Donna) (Entered: 03/15/1994)

March 11, 1994

March 11, 1994

CASE REFERRED to Magistrate John L. Caden (Greene, Donna) (Entered: 03/15/1994)

March 11, 1994

March 11, 1994

2

MOTION by Ray M. &All Plaintiffs for preliminary injunction , to certify class action , Motion hearing set for 3/28/94 [2−1] set for 3/28/94 [2−2] motion. (Johnson, Lorraine) (Entered: 03/16/1994)

March 11, 1994

March 11, 1994

3

MEMORANDUM by Ray M. &ALL PLAINTIFFS in support of [2−1] motion for preliminary injunction, [2−2] motion to certify class. (Johnson, Lorraine) (Entered: 03/16/1994)

March 11, 1994

March 11, 1994

4

AFFIDAVIT of Daniel F. Kolb Re: [3−1] support memorandum, [2−1] motion for preliminary injunction, [2−2] motion to certify class action (attached Exhibits 1−10). (Johnson, Lorraine) (Entered: 03/16/1994)

March 11, 1994

March 11, 1994

5

AFFIDAVIT of Service by Donovan A. Anderson Re: [1−1] summons &complaint served upon the parties: NYC Dept. of Transportation, Thomas Sobol, Mario Cuomo, New York State Education Dept., Howard S. Tames, Ramon Cortines &NYC Board Of Education on 3/11/94. (Johnson, Lorraine) (Entered: 03/17/1994)

March 16, 1994

March 16, 1994

6

Letter dtd. March 23, 1994 from Daniel Kolb, counsel for the named and class plaintiffs, to Judge Nickerson requesting that the motion for a preliminary injunction be rescheduled to April 8, 1994 at 9:30. (Asreen, Wendy) (Entered: 03/25/1994)

March 25, 1994

March 25, 1994

8

RETURN OF SERVICE executed as to NYS Education Dept. 3/23/94 Answer due on 4/12/94 for NYS Education Dept. (Virno (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

9

RETURN OF SERVICE executed as to Board of Education 3/11/94 Answer due on 3/31/94 for Board of Education (Virno (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

10

RETURN OF SERVICE executed as to Ramon Cortines 3/11/94 Answer due on 3/31/94 for Ramon Cortines (Virno (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

11

RETURN OF SERVICE executed as to NYC Transportation 3/11/94 Answer due on 3/31/94 for NYC Transportation (Virno (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

12

RETURN OF SERVICE executed as to Howard S. Tames 3/11/94 Answer due on 3/31/94 for Howard S. Tames (Virno (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

13

RETURN OF SERVICE executed as to Mario M. Cuomo 3/23/94 Answer due on 4/12/94 for Mario M. Cuomo (Virno (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

14

RETURN OF SERVICE executed as to Thomas Sobol 3/23/94 Answer due on 4/12/94 for Thomas Sobol (Virno (Entered: 03/29/1994)

March 28, 1994

March 28, 1994

7

Letter MOTION by Board of Education, etc to extend time to submit a response to pltffs' motion for preliminary inj No Motion hearing [7−1] motion Letter dated 3/23/94 to EHN from Steven J. Rappaport. (Gonzalez, Mary) (Entered: 03/29/1994)

March 29, 1994

March 29, 1994

15

RESPONSE by counsel for plaintiffs in opposition to [7−1] motion to extend time to submit a response to pltffs' motion for preliminary inj. Response submitted in the form of a letter from Daniel Kolb to Judge Nickerson of 3/30/94. (Conte, Daniela) (Entered: 04/05/1994)

April 5, 1994

April 5, 1994

16

Letter from Steven J. Rappaport to Judge Nickerson dtd. 4/1/94 in response to Daniel Kolb's March 30, 1994 letter opposing City defendants' request for an extension of time until 4/22/94 to respond to plaintiffs' two pending motions. (Virno (Entered: 04/05/1994)

April 5, 1994

April 5, 1994

18

Calendar entry:Before Judge Nickerson on 4/8/94 Case called. All parties present. [2−1] Motion for preliminary injunction taken under advisement, [2−2] motion to certify class taken under advisement. (Virno (Entered: 04/13/1994)

April 8, 1994

April 8, 1994

17

ORDER, Setting status conference for 2:30 on 6/1/94 before Magistrate John L. Caden . ( signed by Magistrate John L. Caden, dated April 8, 1994 ) (Asreen, Wendy) (Entered: 04/11/1994)

April 11, 1994

April 11, 1994

19

STIPULATION AND ORDER OF ADJOURNMENT dtd. 4/8/94 extending time to answer until 4/29/94. ( signed by Judge Eugene H. Nickerson ) (Virno (Entered: 04/14/1994)

April 14, 1994

April 14, 1994

20

MEMORANDUM by Board of Education, Ramon Cortines, Howard S. Tames, NYS Education Dept., Thomas Sobol, NYC Transportation, Mario M. Cuomo in opposition to [2−1] motion for preliminary injunction (Virno (Entered: 04/28/1994)

April 26, 1994

April 26, 1994

21

DECLARATION OF STEVEN J. RAPPAPORT IN OPPOSITION TO PLAINTIFFS' Re: [2−1] motion for preliminary injunction (Virno (Entered: 04/28/1994)

April 26, 1994

April 26, 1994

22

REPLY MEMORANDUM OF LAW by Ray M., Jackey S., Miguel F., Jose P., Katie B., Angel C., Benjamin L. in further [2−1] motion for preliminary injunction, [2−2] motion to certify class action (Virno (Entered: 05/04/1994)

May 4, 1994

May 4, 1994

23

SUPPLEMENTAL AFFIDAVIT by Ray M., Jackey S., Miguel F., Jose P., Katie B., Angel C., Benjamin L. Re: n support of plaintiffs' motion for preliminary injunction and class certification. (Virno (Entered: 05/04/1994)

May 4, 1994

May 4, 1994

24

MEMORANDUM AND ORDER dtd 5/3/94, all matters in this case, including all motions, whether dispositive or otherwise, are referred to Magistrate Judge Caden for disposition or report and recommendation as appropriate. ( signed by Judge Eugene H. Nickerson ) (Roker, Michelle) (Entered: 05/06/1994)

May 6, 1994

May 6, 1994

25

ANSWER to Complaint by NYS Education Dept., Thomas Sobol, Mario M. Cuomo (fe) (Entered: 05/10/1994)

May 9, 1994

May 9, 1994

26

ORDER ( signed by Judge Eugene H. Nickerson ) (Virno (Entered: 05/16/1994)

May 16, 1994

May 16, 1994

27

ANSWER to Complaint by Board of Education, Ramon Cortines, Howard S. Tames, NYS Education Dept., Thomas Sobol, NYC Transportation, Mario M. Cuomo; jury demand (Virno (Entered: 05/19/1994)

May 19, 1994

May 19, 1994

28

SUPPLEMENTAL DECLARATION OF STEVEN J. RAPPAPORT IN OPPOSITION TO THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND FOR CLASS CERTIFICATION Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation in opposition to [2−1] motion preliminary injunction (Virno (Entered: 06/01/1994)

May 31, 1994

May 31, 1994

29

Calendar entry: Before Mag. Caden Case called. Hearing held decision reserved. (Virno (Entered: 06/03/1994)

June 1, 1994

June 1, 1994

30

REPORT AND RECOMMENDATIONS of Magistrate John L. Caden Re: [2−2] motion to certify class action ; finding that the pltffs meet all requirements for certification under Rule 23(a) and Rule 23(b)(2). Motion no longer referred. Objections to R and R due by 6/27/94. Copies mailed to all parties by Chambers. (Glenn, Marilyn) (Entered: 06/17/1994)

June 17, 1994

June 17, 1994

31

Pltffs' MOTION for Ellen Gallagher Holmes to appear pro hac vice. Motion hearing set for 9:30 7/6/94 [31−1] motion. (Greves, Liz) (Entered: 06/22/1994)

June 21, 1994

June 21, 1994

33

OBJECTION by Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation to [30−1] findings &recommendations. Exhibits attached. (fe) (Entered: 06/30/1994)

June 29, 1994

June 29, 1994

34

Calendar entry: Before Caden, M. − Conference held 6/29/94 at 2:30. Deft's objection to Magistrate Judge's RRwere discussed. Magistrate will not reconsider his report. Pltff's several modification to the provisional class the recommended. Pltff will submit its proposal in writing by 7/8/94. Deft will respond by 7/22/94. The parties will appear before the Magistrate following their appearance before Judge Nickerson on 7/29/94. Hearings may be held over the first week of August 1994. (McGee, Maryann) Modified on 06/30/1994 (Entered: 06/30/1994)

June 29, 1994

June 29, 1994

35

AFFIDAVIT of Service by pltff's Re: [33−1] objection (Jackson, Ramona) (Entered: 07/06/1994)

July 6, 1994

July 6, 1994

36

SECOND SUPPLEMENTAL AFFIDAVIT of DANIEL F. KOLB IN SUPPORT OF PLAINTIFFS Re: [2−1] motion for preliminary injunction, [2−2] motion to certify class action (Virno (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

37

SUPPLEMENTAL MEMORANDUM in support of [2−1] motion for preliminary injunction, [2−2] motion to certify class action (Virno (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

38

RESPONSE by Ray M., Jackey S., Miguel F., Jose P., Katie B., Angel C., Benjamin L. in opposition to [33−1] objections to the resport and recommnedation of Mag. Caden, Dtd. 6/17/94. Attached Appendix to Pltffs Response. (Virno (Entered: 07/14/1994)

July 13, 1994

July 13, 1994

39

Lettet from Paul D. Murphy to Judge Nickerson dtd 7/15/94 requesting that the Court schedule oral argument for 7/29/94 at 10:00am. (Virno (Entered: 07/22/1994)

July 22, 1994

July 22, 1994

40

SECOND SUPPLEMENTAL DECLARATION OF STEVEN RAPPAPORT IN OPPOSITION TO THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND FOR CLASS CERTIFICATION. (Virno (Entered: 07/25/1994)

July 25, 1994

July 25, 1994

41

SUPPLEMENTAL MEMORANDUM by Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation in opposition to plaintiffs' motion for preliminary injunction and class certification, (Virno (Entered: 07/25/1994)

July 25, 1994

July 25, 1994

43

Calendar entry: Conference held before Magistrate Caden on 7/28/94. The Magistrate entered orders on the record; orders will be filed with the Court next week. Set status conference for 10:00 on 8/5/94 before Magistrate John L. Caden . (Asreen, Wendy) (Entered: 08/02/1994)

July 28, 1994

July 28, 1994

44

Calendar entry: Before Judge Nickerson on 7/28/94 @4:00 for Defts objections to Report &Recommendation of Magistrate Caden. Case called. Counsel for all paties present. Court Reporter Marsha Diamond. Report &recommendation approved &adopted. Parties will any problems relating to the definition of the class before the magistrate. (Gonzalez, Mary) (Entered: 08/02/1994)

July 28, 1994

July 28, 1994

42

Ltr. to J.Nickerson from Steven J Rappaport dtd. 7/28/94 Pltff's have not established the necessity for any preliminary relief (Jackson, Ramona) (Entered: 08/02/1994)

Aug. 2, 1994

Aug. 2, 1994

45

LETTER dated 6/20/94 from Daniel F. Kolb to Judge Nickerson requesting that the Court set a date by which the City and State dfts must comply and/or a date by which they will need to show cause why such services cannot be provided. (fe) (Entered: 08/03/1994)

Aug. 3, 1994

Aug. 3, 1994

46

LETTER dated 6/24/94 from Clement J. Colucci to Judge Nickerson stating that Mr. Kolb's reference to the "State Defendants", in his 6/20/94 letter re the setting of a date to comply with the Report and Recommendation, was inadvertent. (fe) (Entered: 08/03/1994)

Aug. 3, 1994

Aug. 3, 1994

48

TRANSCRIPT of a civil proceeding before Mag. Caden filed for for dates of 8/5/94 (Virno (Entered: 08/10/1994)

Aug. 9, 1994

Aug. 9, 1994

49

Letter from Karen Norlander to Judge Nickerson dtd. 8/18/94 regarding the City's request for a temporary restraining order. (Virno (Entered: 08/25/1994)

Aug. 25, 1994

Aug. 25, 1994

50

Letter from Steven J. Rappaport to counsel of record dtd. 8/18/94 re: the modified plan, dated 8/17/94 is enclosed herewith. (Virno (Entered: 08/25/1994)

Aug. 25, 1994

Aug. 25, 1994

51

TRANSCRIPT filed for [18−1] civil cause for motion on 4/8/94. (Virno (Entered: 08/26/1994)

Aug. 25, 1994

Aug. 25, 1994

52

STIPULATION AND PROTECTIVE ORDER that any papers delivered to the Court which incorporates any confidential materials will be delivered in a sealed envelope, etc.. Within 30 days after the close of this case, including appeals, the Confidential Materials will be ret'd to City defendants' attorneys or destroyed, and all persons who possessed these materials shall verify their return or destruction by affidavit furnished to city defendants' attorneys. ** See order for complete details.( signed by Magistrate John L. Caden, dated August 29, 1994 ) (Asreen, Wendy) (Entered: 08/29/1994)

Aug. 29, 1994

Aug. 29, 1994

53

Calendar entry: Before Mag. Caden Case called. All parties present. Parties reviewed status of case with magistrate judge, next conference now scheduled for 9/9/94 at 4:00pm. (Virno (Entered: 09/01/1994)

Aug. 30, 1994

Aug. 30, 1994

54

Letter from Norma Kerlin to Judge Nickerson dtd. 8/25/94 defts motion is now rescheduled for 10/7/94. (Virno (Entered: 09/14/1994)

Sept. 14, 1994

Sept. 14, 1994

55

AFFIDAVIT by Ellen Gallagher Holmes Re: [37−1] in support of plaintiff's motion. (Vasquez, Liz) (Entered: 10/24/1994)

Oct. 21, 1994

Oct. 21, 1994

56

AFFIDAVIT by Juan Maldonado Re: in support of [2−2] motion to certify class action (Vasquez, Liz) (Entered: 10/24/1994)

Oct. 21, 1994

Oct. 21, 1994

57

LETTER dated 12/15/94 from Paul Murphy to Mag. Caden Re: requests oral argument be scheduled on issues remaining in plaintiff's motion for class certification. (Vasquez, Liz) (Entered: 12/21/1994)

Dec. 21, 1994

Dec. 21, 1994

58

Calendar entry: Before Mag. Caden−Case called. A hearing was held on the Rule 23 certification motion. A court reporter was present and a transcript shall be prepared. Decision reserved. (Vasquez, Liz) (Entered: 01/18/1995)

Jan. 10, 1995

Jan. 10, 1995

59

SUPPLEMENTAL REPORT AND RECOMMENDATIONS of Magistrate John L. Caden. Finding that pltff meet requirements for Rule 23, and recommends certain addition be made to the previously certified class. Case no longer referred to Magistrate John L. Caden. Objections to R and R must be filed with the clerk of court within ten days to preserve appellate review. (signed by Mag. Caden on 2/15/95). (Vasquez, Liz) Modified on 05/04/1995 (Entered: 02/17/1995)

Feb. 17, 1995

Feb. 17, 1995

60

OBJECTION by City Dfts: Board of Education, Ramon Cortines, Howard S. Tames, NYC Transportation to [59−1] Supplemental report &recommendations of Mag. Judge Caden dated 2/15/95 relating to pltffs' motion for class certification. (Exhibit 1−27 filed with objections) (Ferguson, Frances) Modified on 03/08/1995 (Entered: 03/06/1995)

March 6, 1995

March 6, 1995

61

AFFIDAVIT of service by Harry Torres. (Vasquez, Liz) (Entered: 03/16/1995)

March 8, 1995

March 8, 1995

62

Pltffs' RESPONSE to City defts' objections to the supplemental Report &Recommendation of Mag Caden dated 2/15/95. (Greves, Liz) (Entered: 03/21/1995)

March 17, 1995

March 17, 1995

63

Notice of MOTION by plaintiffs to Take additional Deposition , Motion hearing set for 10:00 4/12/95 [63−1] motion (Vasquez, Liz) Modified on 03/21/1995 (Entered: 03/21/1995)

March 20, 1995

March 20, 1995

64

MEMORANDUM of law by plaintiffs in support of [63−1] motion to Take additional Deposition (Vasquez, Liz) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

66

Letter from Assistant Corp. Counsel Steven Rappaport to the Court dated April 6, 1995. Counsel request oral argument with respect to City Defts' Objections to the Supplemental R &R of Mag. Caden dated Feb. 15, 1995. (request denied as endorsed by Judge Nickerson) (Joseph, Derek) (Entered: 04/11/1995)

April 7, 1995

April 7, 1995

Endorsed order denying the request by counsel for City Defts for oral arguments with respect to the defts' objections to the Supplemental R &R of Mag. Caden. ( Signed by Judge Eugene H. Nickerson on letter Doc. #66 and dated April 7, 1995 ) (Joseph, Derek) (Entered: 04/11/1995)

April 7, 1995

April 7, 1995

67

LETTER dated 4/10/95 from Clement Colucci to Judge Nickerson. RE: We ask if the court grants oral argument we be excused from attending. (Vasquez, Liz) (Entered: 04/18/1995)

April 18, 1995

April 18, 1995

68

Memorandum and Order adopting Supplemental Report and Recommendation of Mag. Judge Caden, granting [2−1] motion for preliminary injunction and [2−2] motion to certify class action. ( signed by Judge Eugene H. Nickerson on 4/24/95) (DiTomasso, Mike) (Entered: 05/03/1995)

May 3, 1995

May 3, 1995

69

MAIL RETURNED Mem/order dtd 4/24/95 returned on 5/95 (Vasquez, Liz) (Entered: 05/12/1995)

May 12, 1995

May 12, 1995

70

Calendar entry: Before Mag. Caden−Case called. Defts will produce documents to pltff NLT 1 month from today; the Mag. Judge has given 2/23/96 as the returning date of any motion(s) for partial summary judgment that will be made in the near future. (Vasquez, Liz) (Entered: 10/04/1995)

Oct. 2, 1995

Oct. 2, 1995

CASE REFERRED to Magistrate−Judge Cheryl Pollak (Yuen, Sui May) (Entered: 11/06/1995)

Nov. 6, 1995

Nov. 6, 1995

71

ORDER, dtd 12/1/95. Above case has been assigned to Mag. Pollak for pretrial supervision . The parties are directed, to within 30 days of receipt of this order, to file a written report on the status of case. ( signed by Magistrate−Judge Cheryl Pollak). (Vasquez, Liz) (Entered: 12/08/1995)

Dec. 8, 1995

Dec. 8, 1995

72

NOTICE of status conference set for 4/1/96 at 2:30. (Glenn, Marilyn) (Entered: 03/18/1996)

March 18, 1996

March 18, 1996

73

LETTER dated 3/20/96 from John P. Dellera, Ass't Atty General, to Judge Nickerson. RE: I represent the deft State Education Dept., and am writing to request an adjournment of the status conference scheduled for 4/1/96 to 4/26/96. (Vasquez, Liz) (Entered: 04/01/1996)

April 1, 1996

April 1, 1996

74

LETTER dated 3/20/95 from Paul D. Murphy to Mag. Caden. RE: Enclosed is pltff's motion for leave to take additional depositions. (motion not enclosed). (Vasquez, Liz) (Entered: 04/12/1996)

April 12, 1996

April 12, 1996

75

LETTER dated 4/7/95 from Steven J. Rappaport to Mag. Caden. Re: I write in response to pltffs' motion for leave to take additional depositions. (Vasquez, Liz) (Entered: 04/12/1996)

April 12, 1996

April 12, 1996

76

LETTER dated 4/11/95 from Daniel F. Kolb, Esq., to Mag. Caden. RE: I write to reply to City defts' opposition to pltffs' motion for leave. (Vasquez, Liz) (Entered: 04/12/1996)

April 12, 1996

April 12, 1996

77

LETTER dated 5/5/95 from Roger J. to Mag. Caden. RE: I am writing on behalf of all parties to inform you that the parties have resolved the issues raised in pltffs' motion for leave to take additional depositions. (Vasquez, Liz) (Entered: 04/12/1996)

April 12, 1996

April 12, 1996

78

LETTER dated 9/27/95 from Roger J. Maldonado, Esq., to Mag. Caden. RE: I am writing to inform the court of the issues pltffs would like to address at the pre−motion conference on 10/2/95. (Vasquez, Liz) (Entered: 04/12/1996)

April 12, 1996

April 12, 1996

80

LETTER dated 5/6/94 from Daniel F. Kolb to Magistrate Caden requesting that a date be set for oral argument on motion for preliminary injunction &class certification. (Greves, Liz) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

81

LETTER dated 5/25/94 from Steven J. Rappaport to Magistrate Caden requesting permission to file supplemental papers regarding pltffs' motion for class certification &a preliminary injunction by 5/27. (Greves, Liz) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

82

LETTER dated 5/16/94 from Steven J. Rappaport to Magistrate Caden enclosing courtesy copies of his Declaration in oppostion to pltffs' motion for a prelimianry injunction &class certification, City defts' Memo in opposition to that motion, &City defts' Answer &cross−claim. (Greves, Liz) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

83

Copy of LETTER dated 6/20/94 from Daiel K. Kolb to Judge Nickerson acknowledging receipt of Magistrate Caden's Report &Recommendation regarding formation of a provisional class of pre−school childen. (Greves, Liz) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

85

Calendar entry: Before Judge Nickerson−Case called for status/settlement conference. Counsel for all sides present. Pltff is attempting settlement with NY State defts; cannot discuss settlement with NYC defts until State issues are resolved. Motion for preliminary injunction outstanding. This case is referred back to Mag. Caden due to similarity with Jose P. v Sobol 96cv1834 (EHN). set status/settlement conference for 6/14/96 before Judge Eugene H. Nickerson . (Vasquez, Liz) (Entered: 05/06/1996)

April 26, 1996

April 26, 1996

84

INTER−OFFICE MEMO from Shirley Wilson, Case Manager to Judge Nickerson, to Terry Vaughn, Operations Mgr., dated April 29, 1996, requesting that this action be reassigned to Mag. Judge Caden for all pre−trial purposes, since this action is similar to 1:96−cv−1834, "Jose P. V. Ambach". (Vaughn, Terry) (Entered: 04/30/1996)

April 30, 1996

April 30, 1996

CASE REFERRED to Magistrate John L. Caden. See Document No. 84. (Vaughn, Terry) (Entered: 04/30/1996)

April 30, 1996

April 30, 1996

86

Calendar entry: Status Conference held before Judge Nickerson on 6/14/96. ESR: Lisa Auson. Case called. Counsel for all sides present. Counsel is directed to schedule a conference before Magistrate Caden. (Murphy, Margaret) (Entered: 06/18/1996)

June 14, 1996

June 14, 1996

87

LETTER dated 6/13/96 from Steven Rappaport to Judge Nickerson, that there is ample reason for the Court to defer approval of the proposed partial settlement until such time as more information is available and City defts and other affected entities are given a full opportunity to express their legitimate concerns. (Dobkin, David) (Entered: 06/21/1996)

June 21, 1996

June 21, 1996

88

FAXED LETTER dated 6/13/96 from Steven J. Rappaport to Judge Nickerson regarding the proposed partial settlement. (Guzzi, Roseann) (Entered: 06/24/1996)

June 24, 1996

June 24, 1996

89

Pltffs' Memo of Law in support of their request to approve the proposed stipulation &order regarding LEP students. (Greves, Liz) (Entered: 07/09/1996)

July 8, 1996

July 8, 1996

90

AFFIDAVIT of Roger Juan Maldonado in support of plttfs' request to approve the proposed stipulation &order regarding LEP students. (Greves, Liz) (Entered: 07/09/1996)

July 8, 1996

July 8, 1996

91

LETTER dated 7/8/96 from Roger Juan Maldonaldo, to Magistrate Caden, informing the Court of the issues plaintiffs would like to address at the conference scheduled to be held on 7/9/96 at 4:00 p.m. (Murphy, Margaret) (Entered: 07/09/1996)

July 8, 1996

July 8, 1996

93

MEMORANDUM by Board of Education, Ramon Cortines, Howard S. Tames, and NYS Education Dept. in opposition to the preliminary approval of a partial settlement between plaintiffs and state defendants. (Murphy, Margaret) (Entered: 07/10/1996)

July 9, 1996

July 9, 1996

94

Calendar entry: Civil Conference held before Magistrate Caden on 7/9/96. Magistrate Judge reserved decision. Set status conference for 10:30 on 7/12/96 before Magistrate John L. Caden . (Murphy, Margaret) (Entered: 07/10/1996)

July 9, 1996

July 9, 1996

95

TRANSCRIPT of Motions filed for 7/9/96 before Magistrate Caden. Court Reporter: Sheldon Silverman. (Murphy, Margaret) (Entered: 07/15/1996)

July 12, 1996

July 12, 1996

96

Calendar entry: Civil Conference held before Magistrate Caden on 7/12/96. Set status conference for 10:00 on 7/22/96 before Magistrate John L. Caden . Parties will present an order to be signed by the Magistrate Judge setting the date of Thursday 9/19/96 and Friday 9/20/96 for the hearing on plaintiff's and State Defendants application for preliminary approval of a partial settlement. (Murphy, Margaret) (Entered: 07/15/1996)

July 12, 1996

July 12, 1996

97

Calendar entry: Civil Conference held before Magistrate Caden on 7/22/96. The magistrate judge enters a written order preliminarily approving settlement, directing notice to the class and setting a hearing on proposed settlement. (Murphy, Margaret) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

98

ORDER PRELIMINARILY APPROVING SETTLEMENT, DIRECTING NOTICE TO THE CLASS ANDSETTING A HEARING ON PROPOSED SETTLEMENT. The Court will hold a hearing on 9/19/96 at 10:00 a.m. to determine whether the proposed Stipulation of settlement proposed among certain parties to this action is fair. All written objection shall be submitted on or before 7/22/96. ( signed by Magistrate John L. Caden, dated 7/22/96 ) c/m. ** See document for complete details. (Murphy, Margaret) (Entered: 07/23/1996)

July 23, 1996

July 23, 1996

99

Calendar entry: Civil Conference held before Magistrate Caden on 8/21/96. Set status conference for 3:00 on 9/17/96 before Magistrate John L. Caden . Notice to Haitian Creole parents has been extended one week due to a delay in notice. Magistrate Caden will meet with the parties on 9/17/96 to discuss any outstanding notice issues. (Murphy, Margaret) (Entered: 08/22/1996)

Aug. 21, 1996

Aug. 21, 1996

100

NOTICE that Stults &Balber, P.C. by Roger Juan Maldonado be substituted as attorneys of record for the plaintiffs in this case in place of Teitelbaum, Hiller, Rodman, Paden &Hibsher. (Murphy, Margaret) (Entered: 08/30/1996)

Aug. 30, 1996

Aug. 30, 1996

101

Calendar entry: Civil Conference held before Magistrate Caden on 9/17/96. Hearing on proposed settlement has been adjourned from 9/20/96 until 9:00 on 10/8/96 and 10/9/96 before Magistrate John L. Caden (Murphy, Margaret) (Entered: 09/19/1996)

Sept. 17, 1996

Sept. 17, 1996

Case Details

State / Territory: New York

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 11, 1994

Closing Date: Sept. 25, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York City parents of preschool children with disabilities, who alleged that these children were denied their rights to appropriate educational services under state and federal law.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Board of Education (New York), School District

New York State Education Department, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $60,000

Order Duration: 1999 - None

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Reporting

Training

Issues

General:

Classification / placement

Communication skills

Confinement/isolation

Language access/needs

Special education

Discrimination-basis:

Language discrimination

Disability:

disability, unspecified

Type of Facility:

Government-run