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Case: L.V. v. Department of Education

1:03-cv-09917 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 12, 2003

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 12, 2003, several New York City public school students with disabilities filed a lawsuit in United States District Court for the Southern District of New York. Plaintiffs filed under the Individuals with Disabilities Education Act ("IDEA"), the14th Amendment of the U.S. Constitution, 42 U.S.C. § 1983, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("Section 504"), and New York State Education Law §§ 4401. The acton was brought against the New York City Department of …

On December 12, 2003, several New York City public school students with disabilities filed a lawsuit in United States District Court for the Southern District of New York. Plaintiffs filed under the Individuals with Disabilities Education Act ("IDEA"), the14th Amendment of the U.S. Constitution, 42 U.S.C. § 1983, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("Section 504"), and New York State Education Law §§ 4401. The acton was brought against the New York City Department of Education and the New York City School Board. The plaintiff, represented by private and public interest council asked the court for injunctive relief, claiming that the defendants violated IDEA by not adhering to the results of impartial hearings regarding the payment for services necessary for the plaintiffs' special education needs. On April 15, 2004, an amended complaint was filed to include a class action for those of a like situation with the plaintiffs.

In order to receive funding under IDEA, New York State law allows an aggrieved parent of a child with a disability to have an impartial hearing in respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child. The plaintiffs in this case all were to receive compensation or funding for special education tuition or services as a result of one of these hearings. Despite these decisions, the defendant, who could have appealed the decision within 30 days and failed to do so, either did not compensate, or failed to fully compensate the plaintiffs.

On April 10, 2008, Judge Richard J. Howell approved a class settlement agreement between the parties. The settlement required the New York Department of Education to implement all impartial hearings within a given time frame, or 35 days if no time frame is given. Any order from a hearing that requires action must be implemented within seven days. Implementation of the orders is now reviewed by an independent auditor. If an order is not implemented in time, parents are notified in a letter which can be used to enforce the order.

Summary Authors

Patrick Branson (10/14/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4898587/parties/lv-v-new-york-city-department-of-education/


Judge(s)

Fox, Kevin N. (New York)

Holwell, Richard J. (New York)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Dantowitz, Jeffrey S. (New York)

Fissell, Rachel Penski (California)

Genova, Joseph S. (New York)

Godsoe, Cynthia Margaret (New York)

Hyman, Elisa F. (New York)

Morehead, Shawn V. (New York)

Nagel, Jeffrey Lance (New York)

Judge(s)

Fox, Kevin N. (New York)

Holwell, Richard J. (New York)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Dantowitz, Jeffrey S. (New York)

Fissell, Rachel Penski (California)

Genova, Joseph S. (New York)

Godsoe, Cynthia Margaret (New York)

Hyman, Elisa F. (New York)

Morehead, Shawn V. (New York)

Nagel, Jeffrey Lance (New York)

Patel, Sonal (New York)

Shore, Rebecca Caren (New York)

Shorey, Linda J. (Pennsylvania)

Waldman, Randee J. (New York)

Attorneys(s) for Defendant

Sweet, Emily (New York)

Documents in the Clearinghouse

Document

1:03-cv-09917

Docket [PACER]

Oct. 24, 2012

Oct. 24, 2012

Docket
1

1:03-cv-09917

Complaint

Dec. 12, 2003

Dec. 12, 2003

Complaint

1:03-cv-09917

Second Amended Complaint

April 15, 2004

April 15, 2004

Complaint
80

1:03-cv-09917

Memorandum Opinion and Order [Granting Class Certification]

Sept. 15, 2005

Sept. 15, 2005

Order/Opinion
113

1:03-cv-09917

Preliminary Order for Notice and Hearing in Connection with Settlement Proceedings

Dec. 28, 2007

Dec. 28, 2007

Order/Opinion
120

1:03-cv-09917

Order and Final Judgment

April 10, 2008

April 10, 2008

Order/Opinion
139

1:03-cv-09917

Memorandum Opinion and Order [Granting Plaintiff's Motion for Attorneys' Fees]

March 31, 2010

March 31, 2010

Order/Opinion
196

1:03-cv-09917

Order [Granting Plaintiffs' Motion for Attorneys' Fees]

Sept. 30, 2012

Sept. 30, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4898587/lv-v-new-york-city-department-of-education/

Last updated Sept. 5, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joel Klein, New York City Board of Education, New York City Department of Education. (Filing Fee $ 150.00, Receipt Number 494291)Document filed by AD, LO, LV, NA, RC, VSG, YG.(cd, ) (Entered: 12/23/2003)

Dec. 12, 2003

Dec. 12, 2003

PACER

CASE REFERRED TO Judge John G. Koeltl as possibly similar to 1:03-cv-8519. (cd, )

Dec. 12, 2003

Dec. 12, 2003

PACER

SUMMONS ISSUED as to Joel Klein, New York City Board of Education, New York City Department of Education. (cd, )

Dec. 12, 2003

Dec. 12, 2003

PACER
2

ENDORSED LETTER addressed to Judge John G. Koeltl from Emily Sweet dated 1/5/04. Application granted. Defendants' time to respond to the Complaint is extended to 1/22/04. (Signed by Judge John G. Koeltl on 1/5/04) (sac, ) (Entered: 01/16/2004)

Jan. 7, 2004

Jan. 7, 2004

PACER

Set Answer Due Date purs. to 2 Endorsed Letter as to Joel Klein answer due on 1/22/2004; New York City Board of Education answer due on 1/22/2004; New York City Department of Education answer due on 1/22/2004. (sac, )

Jan. 7, 2004

Jan. 7, 2004

PACER
3

NOTICE OF CASE ASSIGNMENT to Judge Richard J. Holwell. Judge Unassigned no longer assigned to the case. (gf, ) (Entered: 01/20/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER
4

FIRST AMENDED COMPLAINT amending 1 Complaint against Joel Klein, New York City Board of Education, New York City Department of Education.Document filed by AD, LO, LV, NA, RC, VSG, YG. Related document: 1 Complaint filed by AD, LV, VSG, RC, NA, YG, LO.(tp, ) Modified on 1/20/2004 (tp, ). (Entered: 01/20/2004)

Jan. 14, 2004

Jan. 14, 2004

PACER

Magistrate Judge Kevin N. Fox is so designated. (gf, )

Jan. 14, 2004

Jan. 14, 2004

PACER

Set Answer Due Date re: 4 Amended Complaint, as to Joel Klein answer due on 1/26/2004; New York City Board of Education answer due on 1/26/2004; New York City Department of Education answer due on 1/26/2004. (tp, )

Jan. 14, 2004

Jan. 14, 2004

PACER

CASE DECLINED AS NOT SIMILAR. Case referred as similar to 1:03-cv-8519 and declined by Judge John G. Koeltl and returned to wheel for assignment. (gf, )

Jan. 14, 2004

Jan. 14, 2004

PACER
5

CERTIFICATE OF SERVICE of MEMO ENDORSED LETTER DATED JANUARY 28, 2004 served on ELISA AYMAN, ESQ. and SONAL PATEL, ESQ. on 1/28/04. Service was made by FAX. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (rw, ) (Entered: 02/04/2004)

Jan. 29, 2004

Jan. 29, 2004

PACER
6

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 1/28/2004 re: Defendants request that the time for the defendants to answer the complaint be extended to 2/9/2004. The application is granted.. (Signed by Judge Richard J. Holwell on 1/28/2004) (jsa, ) (Entered: 02/04/2004)

Jan. 29, 2004

Jan. 29, 2004

PACER

Set Answer Due Date purs. to 6 Endorsed Letter, as to Joel Klein answer due on 2/9/2004; New York City Board of Education answer due on 2/9/2004; New York City Department of Education answer due on 2/9/2004. (jsa, )

Jan. 29, 2004

Jan. 29, 2004

PACER
7

MOTION to Certify Class of all persons who, now and in the future, obtain a favorable order or stip of settlement through an impartial due process hearing relating to a childs idenification, evaluation, educational placement or the provision of a free appropriate public education.. (NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. Return Date set for 3/4/2004 before Richard J. Holwell. (pa, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
8

DECLARATION of Matthew Lenaghan in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
9

DECLARATION of Kim Sweet in Support re: 7 MOTION to Certify Class..(NDB) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
10

DECLARATION of Michael D. Hampden in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
11

DECLARATION of Irene Hwang in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
12

DECLARATION of Elisa Hyman in Support re: 7 MOTION to Certify Class.(NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
13

MEMORANDUM OF LAW in Support re: 7 MOTION to Certify Class. (NDB). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

PACER
14

ANSWER to Amended Complaint with JURY DEMAND. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. Related document: 4 Amended Complaint, filed by AD, LV, VSG, RC, NA, YG, LO.(gmo, ) (Entered: 02/11/2004)

Feb. 10, 2004

Feb. 10, 2004

PACER
15

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 3/26/2004 02:00 PM before Richard J. Holwell. (Signed by Judge Richard J. Holwell on 2/17/2004) (jsa, ) (Entered: 02/23/2004)

Feb. 19, 2004

Feb. 19, 2004

PACER

Set Deadlines/Hearings: Initial Conference set for 3/26/2004 02:00 PM before Richard J. Holwell. (jsa, )

Feb. 19, 2004

Feb. 19, 2004

PACER
16

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 2/20/2004 re: extension of time to file response to plaintiff's motion for class certification. The request is granted. Defendant's time to respond is extended to 3/3/2004. (Signed by Judge Richard J. Holwell on 2/20/2004) (jsa, ) (Entered: 02/24/2004)

Feb. 23, 2004

Feb. 23, 2004

PACER

Set/Reset Deadlines: Responses due by 3/3/2004 (jsa, )

Feb. 23, 2004

Feb. 23, 2004

PACER
17

MEMORANDUM OF LAW in Opposition re: 7 MOTION to Certify Class and IN SUPPORT OF DEFENDANT'S CROSS-MOTION TO DISMISS THE CLAIMS ASSERTED BY HR. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (laq, ) (Entered: 03/09/2004)

March 5, 2004

March 5, 2004

PACER
18

CROSS-MOTION, for an Order, pursuant to FRCP 12(c), dismissing the claims asserted in this action by plaintiff HR on the ground that plaintiff HR lacks standing. Declaration of John Cahalin along with Exhibits are attached. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (tp, ) (Entered: 03/11/2004)

March 5, 2004

March 5, 2004

PACER
19

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 3/3/2004 re: extension of time until 3/5/2004 to respond to plaintiff's motion for class certification. The application is granted. (Signed by Judge Richard J. Holwell on 3/8/2004) (jsa, ) (Entered: 03/11/2004)

March 9, 2004

March 9, 2004

PACER

Set Deadlines/Hearings: Responses due by 3/5/2004 (jsa, )

March 9, 2004

March 9, 2004

PACER
20

MEMORANDUM OF LAW in Opposition To Defendants' Motion To Dismiss And In Further Support Of Plaintiffs' Motion For Class Certification. Document filed by AD, LO, LV, NA, RC, VSG, YG. (jmi, ) (Entered: 03/22/2004)

March 18, 2004

March 18, 2004

PACER
21

DECLARATION of Sonal Y. Patel, ESQ. in Opposition To Defendants' Motion To Dismiss And In Further Support Of Plaintiffs' Motion For Class Certification. Document filed by AD, LO, LV, NA, RC, VSG, YG. (jmi, ) (Entered: 03/22/2004)

March 18, 2004

March 18, 2004

PACER
22

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 03/23/04 re: Granting counsel's request for a one-day extension of time for the parties to submit their joint scheduling report; (Signed by Judge Richard J. Holwell on 3/23/04) (djc, ) (Entered: 03/26/2004)

March 24, 2004

March 24, 2004

PACER
23

NOTICE OF MOTION to Intervene..permitting CW. SS. MG. ST. RZ. JP. and MC to intervene in this action and granting pltffs motion to amend the first amended complt..(nite dep. box) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

PACER
24

MEMORANDUM OF LAW in Support re: 23 MOTION to Intervene..(nite dep. box) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

PACER
25

MEMORANDUM OF LAW in Support of a TRO and Preliminary Injunction on behalf of CW, SS and RLB (nite dep. box). Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

PACER
26

DECLARATION of Sonal Y. Patel in Support re: 23 MOTION to Intervene..(nite dep. box) Document filed by AD, LO, LV, NA, RC, VSG, YG. (pa, ) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Telephone Conference held on 3/30/2004. (pl, )

March 30, 2004

March 30, 2004

PACER

Set Deadlines/Hearings: Oral Argument set for 4/14/2004 10:30 AM before Richard J. Holwell. (db, )

March 31, 2004

March 31, 2004

PACER

MEMORANDUM TO THE DOCKET CLERK: both parties appeared in the Court of USDJ Holwell. For case summary and oral argument. The Court reserves decision and a hearing is scheduled for 4/14/04 at 10:30 a.m. (db, )

March 31, 2004

March 31, 2004

PACER
27

AMENDED MEMORANDUM OF LAW in Opposition to Plaintiffs' Applicatin for a Temporary Restraining Order and Preliminary Injunction on Behalf of CW, SS and RLB.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (djc, ) (Entered: 04/05/2004)

April 1, 2004

April 1, 2004

PACER
28

DECLARATION of Linda Wernikoff in Oppositionto Plaintiff's Motion for a TRO. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (djc, ) (Entered: 04/05/2004)

April 1, 2004

April 1, 2004

PACER
29

DECLARATION of Emily Sweet in Opposition to Plaintiffs' Motion for a Temporary Restraining order. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (djc, ) (Entered: 04/05/2004)

April 1, 2004

April 1, 2004

PACER
30

DECLARATION of Janice L. Birnbaum of personal facts.. Document filed by New York City Department of Education. (djc, ) (Entered: 04/05/2004)

April 1, 2004

April 1, 2004

PACER
32

DECLARATION of CW in Support of motion for a temporary restraining order and preliminary injunction. Document filed by CW. (yv, ) (Entered: 04/08/2004)

April 3, 2004

April 3, 2004

PACER
31

MEMORANDUM TO THE DOCKET CLERK: that a telephone conference was held on 3/30/04 before Judge Richard J. Howell. (pl, ) (Entered: 04/06/2004)

April 6, 2004

April 6, 2004

PACER
33

Letter addressed to Judge Richard J. Holwell from Randee Waldman, Esq. dated 4/2/04 re: plaintiff letter brief in support of motion for TRO. Document filed by AD, LO, LV, NA, RC, VSG, YG.(kw, ) (Entered: 04/08/2004)

April 6, 2004

April 6, 2004

PACER
35

ENDORSED LETTER addressed to Judge Richard J. Holwell from Elisa Hyman, Esq. dated 4/12/04. Granting parties' request that the hearing for preliminary injunction scheduled for 4/14/04 be adjourned for two weeks. (Signed by Judge Richard J. Holwell on 4/12/04) (kw, ) (Entered: 04/16/2004)

April 14, 2004

April 14, 2004

PACER
34

CERTIFICATE OF SERVICE of Order adjourning the preliminary injunction hearing served on New York City Department of Education,New York City Board of Education and Chancellor Joel Klein on 4/14/04. Service was made by facsimile. Document filed by AD, LO, LV, NA, RC, VSG, YG. (yv, ) (Entered: 04/16/2004)

April 15, 2004

April 15, 2004

PACER
36

ORDER;that a conference will be held on the issue of plaintiff?s request for expedited discovery on Thursday, 4/22/04, @2:30 p.m. in Courtroom 17B. (Signed by Judge Richard J. Holwell on 4/16/04) (pl, ) (Entered: 04/21/2004)

April 19, 2004

April 19, 2004

PACER
37

STIPULATION AND ORDER that dfts do not oppose plaintiffs' application for leave to file and serve their second amended complaint which was annexed as an exhibit to plaintiffs' and proposed intervenors' motion to intervene and amend the complaint; dfts reserve all defenses to the second amended complaint and their rights to move against the second amended complaint. (Signed by Judge Richard J. Holwell on 4/19/04) (dle, ) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

PACER
39

MEMORANDUM TO THE DOCKET CLERK: Conference held. Both parties to exchange discovery material and inform the Court of any motions that arise. Next PTC set for 5/4/04 at 2:00 p.m. (yv, ) (Entered: 04/26/2004)

April 22, 2004

April 22, 2004

PACER

Set/Reset Hearings: Pretrial Conference set for 5/4/2004 at 02:00 PM before Richard J. Holwell. (yv, )

April 22, 2004

April 22, 2004

PACER
38

TRANSCRIPT of proceedings held on 3/31/2004 before Judge Richard J. Holwell.(jmi, ) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

PACER
40

DECLARATION of Sally Mckay in Support re: 18 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (jmi, ) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

PACER
41

MOTION to Dismiss. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. Return Date set for 5/27/2004 09:30 AM. (jmi, ) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

PACER
42

DECLARATION of John Cahalin in Support re: 41 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (jmi, ) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

PACER
43

DEFENDANTS' MEMORANDUM OF LAW in Support Of Their Partial Motion To Dismiss The Second Amended Complaint. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (jmi, ) (Entered: 05/06/2004)

May 5, 2004

May 5, 2004

PACER
44

ENDORSED LETTER addressed to Judge Richard Holwell from Emily sweet dated 5/4/04 re: granting dfts request for a brief extension of the scheduled conference; the conference is hereby adjourned to Friday, 5/7/04 @3:30 p.m.. (Signed by Judge Richard J. Holwell on 54/04) (pl, ) (Entered: 05/10/2004)

May 6, 2004

May 6, 2004

PACER

Set/Reset Scheduling Order Deadlines: Pretrial Conference reset for 5/7/2004 03:30 PM before Richard J. Holwell. (pl, )

May 6, 2004

May 6, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 5/7/2004. (kw, )

May 7, 2004

May 7, 2004

PACER

Set Deadlines/Hearings: Pretrial Conference set for 5/27/2004 03:30 PM before Richard J. Holwell. (kw, )

May 7, 2004

May 7, 2004

PACER

MEMORANDUM TO THE DOCKET CLERK: for proceedings held before Judge Richard J. Holwell : Status Conference held on 5/7/2004. Discovery in progress on section of students in test locations. At next conference defendants to report to the Court on their findings. Next PTC set for 5/27/04 at 3:30 p.m. (kw, )

May 7, 2004

May 7, 2004

PACER
45

ORDER; that the Second Amended Complaint shall be and hereby is deemed served as of 4/15/04 and filed as of 4/16/04. (Signed by Judge Richard J. Holwell on 5/12/04) (pl, ) (Entered: 05/14/2004)

May 13, 2004

May 13, 2004

PACER
46

SECOND AMENDED COMPLAINT amending 4 Amended Complaint, against Joel Klein, New York City Board of Education, New York City Department of Education.Document filed by AD, LO, LV, NA, RC, VSG, YG. Related document: 4 Amended Complaint, filed by AD, LV, VSG, RC, NA, YG, LO.(jco, ) (Entered: 05/19/2004)

May 13, 2004

May 13, 2004

PACER
48

MEMORANDUM OF LAW in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)

May 17, 2004

May 17, 2004

PACER
47

DECLARATION of Matthew Lenaghan, Esq in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)

May 20, 2004

May 20, 2004

PACER
49

DECLARATION of Karen Smith in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)

May 20, 2004

May 20, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 5/27/2004. Discovery issues discussed. Next PTC set for 6/23/04 at 2:30 p.m. (jco, )

May 27, 2004

May 27, 2004

PACER
50

SUPPLEMENTAL DECLARATION of John Cahalin in Support re: 41 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (dle, ) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
51

REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss.. Document filed by Joel Klein, New York City Board of Education, New York City Department of Education. (dle, ) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
52

NOTICE of Appearance by Joseph S. Genova, Jeffrey Lance Nagel on behalf of AD, LO, LV, NA, RC, VSG, YG (jp, ) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 6/23/2004. Pretrial Conference set for 7/21/2004 at 2:00 PM before Richard J. Holwell. (sac, )

June 23, 2004

June 23, 2004

PACER
53

ORDER; a conference shall be held before Judge Holwell on July 21, 2004, at 2:00 p.m. at which the parties will advise the Court on the status of settlement discussions and discovery. (Signed by Judge Richard J. Holwell on 06/23/04) (djc, ) (Entered: 06/30/2004)

June 25, 2004

June 25, 2004

PACER
54

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Richard J. Holwell on 6/23/04) (ae, ) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

PACER
55

MEMORANDUM TO THE DOCKET CLERK: Status conference held on 7/21/2004. (jp, ) (Entered: 07/22/2004)

July 21, 2004

July 21, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 7/21/2004. (jp, )

July 21, 2004

July 21, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Interim Pretrial Conference held on 8/11/2004. Settlement discussions ongoing. Next Pretrial Conference set for 9/10/2004 12:00 PM before Richard J. Holwell. (ja, )

Aug. 11, 2004

Aug. 11, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Interim Pretrial Conference held on 9/10/2004. Parties are in settlement discussions; The parties will report on discussions on next conference. Next PTC set for 9/28/04 at 2:30 p.m. (jco, )

Sept. 10, 2004

Sept. 10, 2004

PACER
56

ORDER The parties shall take the following actions as directed by the Court at a 09/10/24 pretrial conference; Parties shall report to the court on 09/28/04 at 2:30 p.m regarding the status of settlement discussions. Withdrawing without prejudice re: 7 MOTION to Certify Class ; and shall re-file to include the claims of proposed intervenors CW, SS, MG MS, ST, RZ, JP and MC, whose motion to intervene is granted. The parties shall confer and propose to the Court on 09/28/04 a schedule for the expeditious completion of any necessary discovery and briefing of a re-filed motion for class certification. docmt filed by AD, LV, VSG, RC, NA, YG, LO (Signed by Judge Richard J. Holwell on 09/14/04); copies faxed by chambers (djc, ) (Entered: 09/20/2004)

Sept. 16, 2004

Sept. 16, 2004

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 9/28/2004. Settlement discussion ongoing; briefing schedule on plaintiff's class action motion set; parties to submit revised case management schedule. O/A hearing set for 12/7/04 at 5:00 p.m. (jco, )

Sept. 28, 2004

Sept. 28, 2004

PACER
57

SCHEDULING ORDER:Plaintiff's opening brief for the motion for clas certification shall be served and filed by 10/22/2004. Dft's Responses due by 11/17/2004. Replies due by 11/24/2004. Additional discovery deadlines are as set forth in this Order. (Signed by Judge Richard J. Holwell on 9/28/04); Copies Faxed By Chambers (pl, ) (Entered: 10/07/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
58

ENDORSED LETTER addressed to Judge Richard J. Holwell from Sarah Hechtman dated 10/5/04 re: the parties request an etension of time until Tuesday, 10/19 to jointly submit a proposed case management schedule. Application granted. (Signed by Judge Richard J. Holwell on Sarah Hechtman) Copies Faxed By Chambers.(sac, ) (Entered: 10/13/2004)

Oct. 8, 2004

Oct. 8, 2004

PACER
59

ENDORSED LETTER addressed to Judge Holwell from Emily Sweet dated 10/19/2004 re: plaintiff's motion papers for class certification to be served by 10/22/2004 ; 11/17/2004 defendants opposition papers to be served 11/24/2004 plaintiff's reply papers to be served; December Hearing date to be set: 4/30/2005 plaintiff to identify experts, 5/31/2005 defendants to identify experts 7/15/2005 notices to admit be served 11/30/2005 dispositive motions to be served 1/2006 pretrial motions to be served ; January/February 2006 trial. So ordered. (Signed by Judge Richard J. Holwell on 10/22/2004) Copy faxerd to plaintiff's counsel by chambers.(jsa, ) (Entered: 10/26/2004)

Oct. 22, 2004

Oct. 22, 2004

PACER

Set Deadlines/Hearings: Admissions due by 7/15/2005. Expert Witness List due by 5/31/2005. Dispositive Motions due by 11/30/2005. Ready for Trial by 1/2/2006. (jsa, )

Oct. 22, 2004

Oct. 22, 2004

PACER
60

MOTION to Certify Class of all persons who have obtained, or will in the future obtain, for the benefit of a child with a disability, a favorable order by an IHO against, or stipulation of settlement placed on the record at an impartial due process hearing with, the NYC Dept. of Education, or who are children with disabilities who are the beneficiaries of such an order or stipulation of settlement and who fail to obtain, or who are at rick of failing to obtain, full and timely implementation of such order or settlement. DECLARATIONS OF Randee J. Waldman, Jeffrey L. Nagel, Matthew Lenaghan and Elisa Hyman attached. Document filed by AD, LO, LV, NA, RC, VSG, YG. (ps, ) (Entered: 10/27/2004)

Oct. 25, 2004

Oct. 25, 2004

PACER
61

MEMORANDUM OF LAW in Support of Plaintiffs' re: 60 MOTION to Certify Class. Document filed by AD, LO, LV, NA, RC, VSG, YG. (ps, ) (Entered: 10/27/2004)

Oct. 25, 2004

Oct. 25, 2004

PACER
62

MEMORANDUM OF LAW in Opposition re: 60 MOTION to Certify Class. Declaration of Service Included. Document filed by New York City Department of Education. (Sweet, Emily) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
63

ENDORSED LETTER addressed to Judge Richard H. Holwell from Sarah Hechtman dated 11/19/04 re: request that plaintiff's reply brief be extended to 12/10/04. Application GRANTED. The hearing is adjourned to 1/7/05 at 2:00 p.m. (Signed by Judge Richard J. Holwell on 11/22/04) Copies Faxed by Chambers.(db, ) (Entered: 11/30/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER

Set/Reset Deadlines as to 60 MOTION to Certify Class. Replies due by 12/10/2004. Motion Hearing set for 1/7/2005 at 02:00 PM before Richard J. Holwell. (db, )

Nov. 24, 2004

Nov. 24, 2004

PACER
64

ORDER that the pretrial conference scheduled for 1/7/05 at 11:00 a.m. is rescheduled to 1/7/05 at 4:00 p.m. in the courtroom of the Honorable Richard J. Holwell, Courtroom 17B, 500 Pearl Street. (Signed by Judge Richard J. Holwell on 12/2/04) Copies faxed by chambers.(dle, ) Modified on 12/14/2004 (kg, ). (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

PACER

Set/Reset Hearings: Pretrial Conference set for 1/7/2005 04:00 PM before Richard J. Holwell. (dle, )

Dec. 10, 2004

Dec. 10, 2004

PACER
65

REPLY MEMORANDUM OF LAW in Support of re: 60 MOTION to Certify Class. Document filed by AD, LO, LV, NA, RC, VSG, YG. (kw, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
66

Declaration of Elisa Hyman, Esq. in Support re: 60 MOTION to Certify Class. Document filed by AD, LO, LV, NA, RC, VSG, YG. (kw, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

PACER
67

ORDER denying 41 Motion to Dismiss, denying 18 Motion to Dismiss for the reasons stated on the record on 1/6/05. Parties are directed to submit a jointly proposed, revised case management schedule by 1/21/05.. (Signed by Judge Richard J. Holwell on 1/7/05) Copies faxed by chambers.(dle, ) (Entered: 01/13/2005)

Jan. 10, 2005

Jan. 10, 2005

PACER
68

TRANSCRIPT of proceedings held on 1/6/05 before Judge Richard J. Holwell.(Martin, Leslie) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

PACER
70

ENDORSED LETTER addressed to Judge Richard Holwell from Sarah B. Hechtman dated 1/20/05 re: granting the parties jointly - proposed schedule; deadline for completion of fact discovery, including interrogatories, requests for production of documents and depositions of fact witness; dispositive motions to be served by 2/28/06; pretrial motions to be served by April 2006. Additional deadlines are as set forth in this endorsed letter. (Signed by Judge Richard J. Holwell on 1/20/05); (Copies faxed by chambers). (pl, ) (Entered: 02/08/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
69

TRANSCRIPT of proceedings held on 1/6/05 before Judge Richard J. Holwell. (kj, ) (Entered: 02/05/2005)

Feb. 5, 2005

Feb. 5, 2005

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Telephone Conference held on 3/7/2005. Defendant to submit proposed schedule for production of documents relating to implementation of orders by 3/14/05. Plaintiff's response, if any due by 3/16/05. Next Tele. conf. set for 3/17/05 at 11:00 a.m. Holwell, J. USDJ (ll, )

March 7, 2005

March 7, 2005

PACER

Minute Entry for proceedings held before Judge Richard J. Holwell : Telephone Conference held on 3/28/2005. Parties to submit letters to the Court on sampling proposal. (cd, )

March 28, 2005

March 28, 2005

PACER
71

LETTER addressed to Judge Richard Holwell from Elisa Hyman dated 4/6/05 re: in response to defendants' 4/1/05 submission. Document filed by AD, NA, YG, LO, LV, VSG, RC.(kw, ) (Entered: 04/21/2005)

April 11, 2005

April 11, 2005

PACER

Case Details

State / Territory: New York

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 12, 2003

Closing Date: 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

New York City public school students with disabilities who were to receive compensation or funding for their special education needs as a result of an impartial hearing.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City Board of Education, City

New York City Department of Education, City

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

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

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Special education

Disability:

disability, unspecified

Type of Facility:

Government-run