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

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Case Summary

On December 12, 2003, several New York City public school students with disabilities brought this lawsuit in the U.S. District Court for the Southern District of New York. Plaintiffs filed under the Individuals with Disabilities Education Act ("IDEA"), the 14th 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 action was brought against the New York City Department of Education (DOE) and the New York City School Board. The plaintiffs, 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, the plaintiffs amended their complaint to bring the lawsuit as a class action on behalf of New York City public School students with disabilities. The case was assigned to District Judge Richard J. Holwell.

In order to receive funding under the 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 defendants, 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 May 5, 2004, the defendants filed a motion to dismiss. Judge Howell denied this motion on January 13, 2005 for the reasons stated on the record.

The plaintiffs filed a motion for class certification on October 25, 2004. Judge Howell granted this motion on September 19, 2005 to certify the lawsuit as a class action “on behalf of all persons (1) who have obtained, or will in the future obtain, for the benefit of a child with disability, a favorable order by an impartial hearing officer against, or stipulation of settlement placed on the record at an impartial due process hearing with, the New York City Department of Education, or who are children with disability who are the beneficiaries of such order or stipulation of settlement, and (2) who fail to obtain, or at risk of failing to obtain, full and timely implementation of such order or settlement.” The parties proceeded to engage in discovery for several years.

On April 10, 2008, Judge 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 was to be implemented within seven days. Implementation of the orders was agreed to be reviewed by an independent auditor, who issued quarterly reports on the DOE’s progress in meeting certain mandatory benchmarks. If an order is not implemented in time, parents are notified in a letter which can be used to enforce the order. The Court retained exclusive jurisdiction to enforce these terms. The plaintiffs moved for attorneys’ fees and costs on June 26, 2009, which Judge Howell granted on March 31, 2010.

On November 5, 2010, in light of alleged failures by the DOE to implement measures to comply with the mandatory benchmarks, pursuant to the settlement agreement, the plaintiffs filed a motion to appoint a special master to oversee the DOE’s compliance efforts. In response, the DOE created an Implementation Unit to address its alleged shortcomings. Judge Howell decided in September 2011 to deny the plaintiffs’ motion without prejudice, such that the efforts of the Implementation Unit could be assessed before the Court appointed a special master. The case was reassigned to District Judge Loretta A. Preska on April 25, 2012.

In the eight years following creation of the Implementation Unit, the plaintiffs claimed that the DOE had nevertheless failed to meet the mandatory benchmarks for implementations of orders, as required by the settlement; accordingly, on September 3, 2019, they filed a renewed motion to appoint a special master. Judge Preska granted this motion on January 28, 2021, instructing the parties to submit suggestions for appointment.

Following the transition to remote learning due to the pandemic, the DOE froze the implementation of tuition orders and, then, enacted a new policy of denying payment of all tuition orders until it could “approve” the applicable private school’s remote learning program. The plaintiffs claimed that policy resulted in hardship for families forced to either bear the cost of education or remove their children from the appropriate school until DOE abided by its obligation to pay tuition. In response, on October 29, 2020, the plaintiffs filed motions (1) for a declaratory judgment that DOE’s policy violated the IDEA, New York law and the parties’ settlement agreement and (2) for orders requiring the DOE to immediately identify and fulfill all outstanding tuition orders and to implement all future orders within the agreement’s timelines. On February 18, 2021, Judge Preska granted the plaintiffs’ motion for a declaratory judgment that the policy violated the IDEA and New York law; however, she declined to declare that the policy violated the settlement agreement because its injunctive relief provision did not expressly require the DOE to implement every final Order. Moreover, she denied their request for injunctive relief because (1) plaintiffs had not shown that they satisfied the legal standard for injunctive relief and (2) an award of injunctive relief would be premature due to the imminent appointment of the special master.

On May 14, 2021, following the agreement of the parties, Judge Preska appointed David Irwin as a special master to oversee the DOE’s implementation efforts, and required him to submit a work plan outlining his inquiry and to subsequently submit quarterly reports. The case remains ongoing.

Summary Authors

Patrick Branson (10/14/2014)

Chris Miller (12/19/2022)

People

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

Judge(s)

Fox, Kevin N. (New York)

Attorney for Plaintiff

Dantowitz, Jeffrey S. (New York)

Fissell, Rachel Penski (California)

Genova, Joseph S. (New York)

Godsoe, Cynthia Margaret (New York)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Fox, Kevin N. (New York)

Holwell, Richard J. (New York)

Preska, Loretta A. (New York)

Attorney for Plaintiff

Dantowitz, Jeffrey S. (New York)

Fissell, Rachel Penski (California)

Genova, Joseph S. (New York)

Godsoe, Cynthia Margaret (New York)

Hochbaum, Daniel Maor (New York)

Hyman, Elisa F. (New York)

Kaufman, Jessica (New York)

Miller, Atara (New York)

Miller, Michael Bruce (New York)

Morehead, Shawn V. (New York)

Nagel, Jeffrey Lance (New York)

Patel, Sonal (New York)

Perkins, Jasper (New York)

Shore, Rebecca Caren (New York)

Shorey, Linda J. (Pennsylvania)

Waldman, Randee J. (New York)

Wilson, Erik Leigh (New York)

Yan, Donghao (New York)

Young, Justin A. (New York)

Attorney for Defendant

Sweet, Emily (New York)

Other

Irwin, David (New York)

Tolchin, Robert Joseph (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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 2005 WL 2298173
1:03-cv-09917	Stipulation and Agreement of Settlment	Dec. 11, 2007	Dec. 11, 2007 Settlement Agreement
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 700 F.Supp.2d 510
186 1:03-cv-09917	Order	Sept. 30, 2011	Sept. 30, 2011 Order/Opinion
196 1:03-cv-09917	Order [Granting Plaintiffs' Motion for Attorneys' Fees]	Sept. 30, 2012	Sept. 30, 2012 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
L.V. v. NYC Department of Education Advocates for Children of New York	In the L.V. case, parents of children with disabilities claimed that they had received favorable orders in impartial hearings, but the New York City Department of Education (DOE) was not implementing…	January 28, 2021	Jan. 28, 2021 https://www.advocatesforchildren.org/...

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Docket

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

Last updated July 29, 2026, 3:28 a.m.

Docket for: LV v. New York City Department of Education

ECF Number	Date	Description	Link
1	Dec. 12, 2003	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)	RECAP
	Dec. 12, 2003	SUMMONS ISSUED as to Joel Klein, New York City Board of Education, New York City Department of Education. (cd, )
	Dec. 12, 2003	CASE REFERRED TO Judge John G. Koeltl as possibly similar to 1:03-cv-8519. (cd, )
2	Jan. 7, 2004	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)	RECAP
	Jan. 7, 2004	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, )
3	Jan. 14, 2004	NOTICE OF CASE ASSIGNMENT to Judge Richard J. Holwell. Judge Unassigned no longer assigned to the case. (gf, ) (Entered: 01/20/2004)	RECAP
4	Jan. 14, 2004	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)	RECAP
	Jan. 14, 2004	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	Magistrate Judge Kevin N. Fox is so designated. (gf, )
	Jan. 14, 2004	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, )
5	Jan. 29, 2004	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)	RECAP
6	Jan. 29, 2004	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)	RECAP
	Jan. 29, 2004	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, )
7	Feb. 5, 2004	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)	RECAP
8	Feb. 5, 2004	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)	RECAP
9	Feb. 5, 2004	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)	RECAP
10	Feb. 5, 2004	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)	RECAP
11	Feb. 5, 2004	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)	RECAP
12	Feb. 5, 2004	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)	RECAP
13	Feb. 5, 2004	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)	RECAP
14	Feb. 10, 2004	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)	RECAP
15	Feb. 19, 2004	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)	RECAP
	Feb. 19, 2004	Set Deadlines/Hearings: Initial Conference set for 3/26/2004 02:00 PM before Richard J. Holwell. (jsa, )
16	Feb. 23, 2004	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)	RECAP
	Feb. 23, 2004	Set/Reset Deadlines: Responses due by 3/3/2004 (jsa, )
17	March 5, 2004	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)	RECAP
18	March 5, 2004	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)	RECAP
19	March 9, 2004	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)	RECAP
	March 9, 2004	Set Deadlines/Hearings: Responses due by 3/5/2004 (jsa, )
20	March 18, 2004	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)	RECAP
21	March 18, 2004	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)	RECAP
22	March 24, 2004	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)	RECAP
23	March 26, 2004	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)	RECAP
24	March 26, 2004	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)	RECAP
25	March 26, 2004	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)	RECAP
26	March 26, 2004	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)	RECAP
	March 30, 2004	Minute Entry for proceedings held before Judge Richard J. Holwell : Telephone Conference held on 3/30/2004. (pl, )
	March 31, 2004	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	Set Deadlines/Hearings: Oral Argument set for 4/14/2004 10:30 AM before Richard J. Holwell. (db, )
27	April 1, 2004	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)	RECAP
28	April 1, 2004	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)	RECAP
29	April 1, 2004	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)	RECAP
30	April 1, 2004	DECLARATION of Janice L. Birnbaum of personal facts.. Document filed by New York City Department of Education. (djc, ) (Entered: 04/05/2004)	RECAP
32	April 3, 2004	DECLARATION of CW in Support of motion for a temporary restraining order and preliminary injunction. Document filed by CW. (yv, ) (Entered: 04/08/2004)	RECAP
31	April 6, 2004	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)	RECAP
33	April 6, 2004	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)	RECAP
35	April 14, 2004	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)	RECAP
34	April 15, 2004	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)	RECAP
36	April 19, 2004	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)	RECAP
37	April 21, 2004	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)	RECAP
39	April 22, 2004	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)	RECAP
	April 22, 2004	Set/Reset Hearings: Pretrial Conference set for 5/4/2004 at 02:00 PM before Richard J. Holwell. (yv, )
38	April 26, 2004	TRANSCRIPT of proceedings held on 3/31/2004 before Judge Richard J. Holwell.(jmi, ) (Entered: 04/26/2004)	RECAP
40	May 5, 2004	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)	RECAP
41	May 5, 2004	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)	RECAP
42	May 5, 2004	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)	RECAP
43	May 5, 2004	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)	RECAP
44	May 6, 2004	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)	RECAP
	May 6, 2004	Set/Reset Scheduling Order Deadlines: Pretrial Conference reset for 5/7/2004 03:30 PM before Richard J. Holwell. (pl, )
	May 7, 2004	Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 5/7/2004. (kw, )
	May 7, 2004	Set Deadlines/Hearings: Pretrial Conference set for 5/27/2004 03:30 PM before Richard J. Holwell. (kw, )
	May 7, 2004	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, )
45	May 13, 2004	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)	RECAP
46	May 13, 2004	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)	RECAP
48	May 17, 2004	MEMORANDUM OF LAW in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)	RECAP
47	May 20, 2004	DECLARATION of Matthew Lenaghan, Esq in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)	RECAP
49	May 20, 2004	DECLARATION of Karen Smith in Opposition re: 41 MOTION to Dismiss.. Document filed by LV. (jmi, ) (Entered: 05/21/2004)	RECAP
	May 27, 2004	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, )
50	June 7, 2004	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)	RECAP
51	June 7, 2004	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)	RECAP
52	June 14, 2004	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)	RECAP
	June 23, 2004	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, )
53	June 25, 2004	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)	RECAP
54	July 12, 2004	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)	RECAP
55	July 21, 2004	MEMORANDUM TO THE DOCKET CLERK: Status conference held on 7/21/2004. (jp, ) (Entered: 07/22/2004)	RECAP
	July 21, 2004	Minute Entry for proceedings held before Judge Richard J. Holwell : Status Conference held on 7/21/2004. (jp, )
	Aug. 11, 2004	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, )
	Sept. 10, 2004	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, )
56	Sept. 16, 2004	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)	RECAP
	Sept. 28, 2004	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, )
57	Sept. 30, 2004	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)	RECAP
58	Oct. 8, 2004	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)	RECAP
59	Oct. 22, 2004	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)	RECAP
	Oct. 22, 2004	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, )
60	Oct. 25, 2004	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)	RECAP
61	Oct. 25, 2004	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)	RECAP
62	Nov. 18, 2004	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)	RECAP
63	Nov. 24, 2004	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)	RECAP
	Nov. 24, 2004	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, )
64	Dec. 10, 2004	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)	RECAP
	Dec. 10, 2004	Set/Reset Hearings: Pretrial Conference set for 1/7/2005 04:00 PM before Richard J. Holwell. (dle, )
65	Dec. 13, 2004	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)	RECAP
66	Dec. 13, 2004	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)	RECAP
67	Jan. 10, 2005	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)	RECAP
68	Jan. 26, 2005	TRANSCRIPT of proceedings held on 1/6/05 before Judge Richard J. Holwell.(Martin, Leslie) (Entered: 01/26/2005)	RECAP
70	Jan. 28, 2005	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)	RECAP
69	Feb. 5, 2005	TRANSCRIPT of proceedings held on 1/6/05 before Judge Richard J. Holwell. (kj, ) (Entered: 02/05/2005)	RECAP
	March 7, 2005	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 28, 2005	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, )
71	April 11, 2005	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)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Education

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 12, 2003

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

City

New York City Board of Education

New York City Department of Education

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

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

Other Dockets:

Southern District of New York 1:03-cv-09917

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Monitor/Master

Issues

Disability and Disability Rights:

Disability, unspecified

Intellectual/developmental disability, unspecified

Learning disability

Special education

Recommended Citation

Case Summary of L.V. v. Department of Education, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13657/ (last updated 12/19/2022).