Case: D.D. v. New York City Bd. of Educ.

1:03-cv-02489 | U.S. District Court for the Eastern District of New York

Filed Date: May 16, 2003

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On May 16, 2003, two developmentally delayed preschool students, through their parents, filed a lawsuit in the U.S. District Court for the Eastern District of New York. The action was filed under the civil rights act 42 U.S.C. § 1983, the Individuals with Disabilities Education Act ("IDEA"), the Americans with Disabilities Act, and the Rehabilitation Act of 1973 against the New York City Board of Education. The plaintiff, represented by public interest attorneys asked the court for injunctive r…

On May 16, 2003, two developmentally delayed preschool students, through their parents, filed a lawsuit in the U.S. District Court for the Eastern District of New York. The action was filed under the civil rights act 42 U.S.C. § 1983, the Individuals with Disabilities Education Act ("IDEA"), the Americans with Disabilities Act, and the Rehabilitation Act of 1973 against the New York City Board of Education. The plaintiff, represented by public interest attorneys asked the court for injunctive relief to provide the necessary education to the plaintiffs and also for compensatory relief for costs of remedial instruction necessitated by defendant's failure to provide the necessary education services to plaintiffs.

Specifically, the plaintiffs claimed that the school district had identified the plaintiffs as developmentally delayed and had created for them Individual Education Plans or "IEPs" which detailed the additional services to be provided to the plaintiffs by the school district. This procedure is in place to comply with the mandate in IDEA, which provides federal funding for special education to states who implement such plans. Plaintiff D.D. specifically was supposed to receive half day integrated classes with speech and occupational therapy as related services. The staffing ratio in the class was to be eight students to one teacher. The plan was to take effect on December 6, 2002, within two weeks of the IEP meeting. As of the date of the complaint, despite plaintiff's mother's repeated requests, D.D had not received any of the services listed in the IEP. Instead he was kept on a wait-list due to a lack of capacity by the school district.

After the initial complaint was filed, a third plaintiff was added with an amended complaint. This complaint was sealed, however, the new plaintiff brought the action individually and on behalf of those similarly situated. After this plaintiff was added, class certification was sought.

On March 30, 2007, the District Court (Judge David G. Trager) entered an order provding notice to the plaintiff class regarding an injunctive settlement. The settlement involved various steps the school district would take to expand special education programs at schools and training for staff.

On December 28, 2007, the first two plaintiffs reached a monetary settlement with the district. The case was terminated at that time.

Summary Authors

Patrick Branson (10/9/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5435904/parties/dd-v-new-york-city-board-of-education/


Judge(s)

Calabresi, Guido (Connecticut)

Hall, Peter W. (Vermont)

Mann, Roanne L. (New York)

Newman, Jon Ormond (New York)

Trager, David G. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Hecker, Eric (New York)

Maazel, Ilann M. (New York)

Morales, Alba R. (New York)

Wang, Mariann Meier (New York)

Judge(s)

Calabresi, Guido (Connecticut)

Hall, Peter W. (Vermont)

Mann, Roanne L. (New York)

Newman, Jon Ormond (New York)

Trager, David G. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Hecker, Eric (New York)

Maazel, Ilann M. (New York)

Morales, Alba R. (New York)

Wang, Mariann Meier (New York)

Attorneys(s) for Defendant

Banks, Steven (New York)

Bowe, Martin John (New York)

Cardozo, Michael A. (New York)

Goldberg, Jane R. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 28, 2011 Docket
264

Stipulation and Order [Concerning Attorneys' Fees]

Dec. 21, 2001 Order/Opinion
1

Complaint/Demand for Jury Trial

May 15, 2003 Complaint
238

Judgment [USCA Vacating District Court Judgment and Remanding Case]

U. S. Court of Appeals for the Second Circuit

Sept. 12, 2006 Order/Opinion
218

Judgment [USCA Vacating District Court's Order Denying Plaintiffs' Motion for Preliminary Injunction]

U. S. Court of Appeals for the Second Circuit

465 F.3d 503

Oct. 12, 2006 Order/Opinion
241

Stipulation and order for notice to the plaintiff's class

March 30, 2007 Settlement Agreement
261

Stipulation and Order of Settlement and Disconintuance

Dec. 21, 2007 Order/Opinion
262

Stipulation and Order [Concerning Attorneys' Fees]

July 2, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5435904/dd-v-new-york-city-board-of-education/

Last updated May 20, 2022, 3:35 a.m.

ECF Number Description Date Link
198

MEMORANDUM AND ORDER Counsel for the City defendants has requested a copy of the transcript of the sealed proceeding that took place on May 3, 2006. Plaintiff's counsel opposes the request. The Court is not persuaded that a truncated transcript of the proceeding is needed by the parties in connection with their continuing discussions.?The City's request is denied without prejudice to a more particularized showing of need. Ordered by Judge Roanne L. Mann on 05/08/06. (Maynard, Pat)

May 8, 2006 RECAP
1

COMPLAINT against City Of New York, Angelo Gimondo, Joel Klein, Richard P. Mills, New York City Board of Education, New York City Department of Education, Nelly Real−Korb filing fee $ 150, receipt number 277630 Summons Issued, filed by D.D.. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 05/19/2003)

May 16, 2003
3

Minute Entry for proceedings held before David G. Trager : Status Conference held on 5/16/2003. Counsel for the parties; RULINGS: Hearing on TRO and preliminary injunction adjourned to Wednesday 5/21/03 at 1:30. (Permaul, Jenny) (Entered: 05/29/2003)

May 16, 2003
7

MEMORANDUM OF LAW in Support of Motion for Preliminary Injunction by D.D. (Piper, Francine) (Entered: 06/27/2003)

May 16, 2003

Case reassigned to Judge David G. Trager. Judge Carol B. Amon no longer assigned to the case. Parties notified. (Bowens, Priscilla) (Entered: 05/23/2003)

May 19, 2003
4

Minute Entry for proceedings held before Carol B. Amon : Status Conference held on 5/21/2003. Preliminary Injunction granted (Permaul, Jenny) (Entered: 05/29/2003)

May 21, 2003
5

ORDER endorsed on letter dated 6/5/03 from Martin Bowe to Judge Trager. Application for City defts. to respond to complaint by 7/2/03 is granted . Signed by Judge David G. Trager on 6/4/03. (Greene, Donna) (Entered: 06/10/2003)

June 10, 2003
6

AMENDED COMPLAINT against Joe Blaize, Michael A. Johnson, Beth Marino, Michelle Fratti, City Of New York, Angelo Gimondo, Joel Klein, Richard P. Mills, New York City Board of Education, New York City Department of Education, Nelly Real−Korb, filed by A.C., B.T., D.D..(Greene, Donna) (Entered: 06/26/2003)

June 16, 2003
9

Notice of MOTION to Certify Class by A.C., B.T., D.D.. (Greene, Donna) (Entered: 07/07/2003)

June 19, 2003
10

Notice of MOTION for Preliminary Injunction by A.C., B.T., D.D.. (Greene, Donna) (Entered: 07/07/2003)

June 19, 2003
11

MEMORANDUM OF LAW in Support of Motion for Temporary Restraining Order for named plfs. and re 10 Notice of MOTION for Preliminary Injunction by A.C., B.T., D.D.. (Greene, Donna) (Entered: 07/07/2003)

June 19, 2003
12

MEMORANDUM OF LAW in Support re 9 Notice of MOTION to Certify Class by A.C., B.T., D.D.. (Greene, Donna) (Entered: 07/07/2003)

June 19, 2003
8

AFFIDAVIT of Service for Amended Summons and Amended Complaint served on Michael Johnson, Beth Marino, Michelle Fratti, Joe Blaize on 6/23/03. (Piper, Francine) (Entered: 06/30/2003)

June 24, 2003
13

SUMMONS Returned Executed Richard P. Mills served on 7/11/2003, answer due 7/31/2003. (Greene, Donna) (Entered: 07/17/2003)

July 14, 2003
14

Minute Entry for proceedings held before David G. Trager : Status Conference held on 7/15/2003. Defts. to file answer to complaint and opposition papers to pltfs. motions for preliminary injunction and class certificatin by 10/8/03. Defts. shall also provide the court with updated statistics regarding the number of unplaced children with IEP's in August and Septemeber. (Greene, Donna) (Entered: 08/05/2003)

July 15, 2003
15

Letter dated 6/20/03 from Jane Goldberg to Judge Trager, City dfts request that they be given a reasonable period of time to respond to plaintiff's voluminous papers seeking a preliminary injunction. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
16

Letter dated 6/20/03 from Ilann Maazel to Judge Trager, pltff's propose that dft's serve opposition papers to their motion for preliminary injunction by 6/27; pltff's reply 7/1. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
17

Letter dated 6/27/03 from Jane Goldberg to Judge Trager, reporting that City dfts have located placements for the additional plaintiff children, B.T. and A.C. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
18

Letter dated 7/1/03 from Ilann Maazel to Judge Trager, requesting that the court set a briefing schedule for pltff's motion for a preliminary injunction. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
19

Letter dated 7/1/03 from Jane Goldberg to Judge Trager, in response to pltff's letter dated 7/1/03 requesting that dfts respond to their motion for a preliminary injunction within one week, and also requesting an extension of time until 8/30/03 to respond to the Amended Class Action complaint. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
20

Letter dated 7/1/03 from Ilaan Maazel to Judge Trager, clarifying some apparent misunderstandings in Ms. Goldberg's letter. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
21

Letter dated 7/2/03 from Janice Birnbaum to Judge Trager, requesting that the court extend the City dft's time until 8/30/03 to respond to amended complaint; City dft's also request that a reasonable briefing schedule be set to respond to pltff's motion for a preliminary injunction. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
22

Letter dated 7/11/03 from Ilann M. Maazel to Judge Trager, requesting that the court set a briefing schedule for the preliminary injunction motion. (Piper, Francine) (Entered: 08/07/2003)

Aug. 7, 2003
23

Letter dated 8/7/03 from Jane Goldberg to Judge Trager, requesting that the court mmediately modify or vacate its order of 5/21/03, concerning the implementation of a pre−school placement and services for the minor plaintiff, since the pltff's circumstances have changed materially. (Piper, Francine) (Entered: 08/11/2003)

Aug. 11, 2003
24

ORDER, (endorsed on letter dated 8/12/03 from Jane Goldberg to Judge Trager), application to modify the 5/21/03 order so that City dfts may discontinue paying for SEIT services that are provided by Theracare is Granted. ( Signed by Judge David G. Trager on 8/12/03) (Piper, Francine) (Entered: 08/18/2003)

Aug. 18, 2003
25

ORDER setting initial conference for 10/16/03 at 12:00 p.m. before Mag. Mann. Signed by Judge Roanne L. Mann on 8/18/03. (Greene, Donna) (Entered: 08/25/2003)

Aug. 25, 2003
26

TRANSCRIPT of Proceedings held on 7/15/03 before Judge Judge Trager. Court Reporter: Burton H. Sulzer. Ilann M. Maazel, Esq. and Matthew Brinckerhoff, Esq. for the pltf. Jane R. Goldberg, Esq. and Martin Bowe, Esq. for NYC. Steven Banks, Esq. and Bruce B. McHale, Esq. for NYS. (Greene, Donna) (Entered: 09/17/2003)

Sept. 11, 2003
27

ORDER endorsed on letter dated 9/26/03 from Steven L. Banks to Judge Trager. Application for an extension unitl 10/29/03 to respond to pltfs. amended ocmplaint and motion is granted. Signed by Judge David G. Trager on 10/1/03. (Greene, Donna) (Entered: 10/14/2003)

Oct. 14, 2003
28

Letter dated 10/7/03 from Ilann Maazel to Mag. Mann, opposing dft's request to postpone the initial pretrial conference scheduled for 10/16. (Piper, Francine) (Entered: 10/16/2003)

Oct. 16, 2003
29

Letter dated 10/8/03 from Jane R. Goldberg to Mag. Mann, City dft's request that the initial disclosure and the initial conference be adjourned until the court's decision on the motion for class certification. (Piper, Francine) (Entered: 10/16/2003)

Oct. 16, 2003
30

Letter dated 10/7/03 from Steven Banks to Mag. Mann, dft's requests that the initial pretrial conference scheduled for 10/16/03, including the time for automatic disclosures, be adjourned until after the court's decision on the motion for class certification. (Piper, Francine) (Entered: 10/16/2003)

Oct. 16, 2003
31

ORDER, The deadline for serving automatic disclosure is adjourned sine die. If the case does not appear to be settling, the initial conference will go forward on 11/7/03, at which time the court will determine whether and to what extent to permit discovery to proceed. (Signed by Judge Roanne L. Mann on 10/9/03) (Piper, Francine) (Entered: 10/16/2003)

Oct. 16, 2003
32

ORDER, (endorsed on letter dated 10/27/03 from Jane Goldberg to Judge Trager), application granted. (Signed by Judge David G. Trager on 10/30/03). (Piper, Francine) (Entered: 11/04/2003)

Nov. 4, 2003
33

Letter from Steven L. Banks to Mag. Mann, dated 10/28/03 advising that the parties are still exploring several proposals, because it is unlikely that a settlement will be finalized in the near term, the parties will meet with the court on 1/7/03 as scheduled. (Greene, Donna) (Entered: 11/04/2003)

Nov. 4, 2003
34

Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 11/7/2003. Fact Discovery to be completed by 4/30/04. Next conference (settlement) scheduled for 7/13/04 10:00. Automatic disclosure shall be completed by 12/1/04. Pleadings may be amended and new parties added until 3/12/04. Pltfs. non−medical expert disclosure shall be served by 5/28/04; defts. is due 6/28/04. Medical expert disclosure and expert depositions are deferred until after the settlement conference. (Greene, Donna) (Entered: 11/13/2003)

Nov. 7, 2003
35

ORDER endorsed on letter dated 11/10/03 from Jane R. Goldberg to Judge Trager. Application to extend time until 11/21/03 in which to file the stipulation as the parties continue to negotiate clas definition. Signed by Judge David G. Trager on 11/10/03. (Greene, Donna) (Entered: 11/14/2003)

Nov. 14, 2003
37

Letter dated 11/13/03 from Jane Goldberg to Judge Trager, advising that the NYC Dept of Education has reduced the number of children waiting for services by fifty percent since August 2003. (Piper, Francine) (Entered: 11/20/2003)

Nov. 20, 2003
38

ORDER endorsed on letter dated 11/20/03 from Jane R. Goldberg to Judge Trager. Application for defts. to serve opposition to class certification together with their responsive papers to pltfs. motion for a preliminary injunction by 12/8/03 is granted. Signed by Judge David G. Trager on 11/20/03. (Greene, Donna) (Entered: 12/04/2003)

Dec. 4, 2003
39

Municipal Defts. Memorandum of Law in opposition ot pltfs. motions for a preliminary injunction and class certification. (Greene, Donna) (Entered: 12/19/2003)

Dec. 9, 2003
40

Declaration of Jane R. Goldberg in opposition to pltfs. request for a preliminary injunction and motion for class certification. (Greene, Donna) (Entered: 12/19/2003)

Dec. 9, 2003
42

Notice of MOTION to Dismiss by Richard P. Mills. (Greene, Donna) (Entered: 01/20/2004)

Dec. 9, 2003
43

MEMORANDUM OF LAW in Support re 42 Notice of MOTION to Dismiss and in opposition to pltfs. motion for preliminary injunction and class certification by Richard P. Mills. (Greene, Donna) (Entered: 01/20/2004)

Dec. 9, 2003
44

MEMORANDUM OF LAW in Opposition re 42 Notice of MOTION to Dismiss by Joe Blaize, Michelle Fratti, Angelo Gimondo, Michael A. Johnson, Joel Klein, Beth Marino, New York City Board of Education, New York City Department of Education, Nelly Real−Korb. (Greene, Donna) (Entered: 01/20/2004)

Dec. 9, 2003
45

REPLY MEMORANDUM OF LAW in Support re 42 Notice of MOTION to Dismiss by Richard P. Mills. (Greene, Donna) (Entered: 01/20/2004)

Dec. 9, 2003
46

AFFIDAVIT OF Rebecca Cort in opposition to pltfs. motions for preliminary injunction and class certification. (Greene, Donna) (Entered: 01/20/2004)

Dec. 9, 2003
41

Plaintiffs' reply memorandum in support of 9 Notice of MOTION to Certify Class, 10 Notice of MOTION for Preliminary Injunction and in opposition to deft Mills' motion to dismiss. (Chee, Alvin) (Entered: 12/23/2003)

Dec. 19, 2003
47

MEMORANDUM OF LAW in Opposition re 9 Notice of MOTION to Certify Class, 10 Notice of MOTION for Preliminary Injunction by Joe Blaize, City Of New York, Michelle Fratti, Michael A. Johnson, Joel Klein, Beth Marino, New York City Board of Education, New York City Department of Education. (Piper, Francine) (Entered: 01/23/2004)

Jan. 14, 2004
48

Declaration of Jane R. Goldberg in opposition to pltff's request for a preliminary injunction and motion for class certification. (Piper, Francine) (Entered: 01/23/2004)

Jan. 14, 2004
50

Minute Entry for proceedings held before David G. Trager : Status Conference held on 3/24/2004. Motion hearing held. Decision reserved. The parties shall submit to the court by 4/2/04 letter briefs regarding the possible appointment of a special master, and other proposals for settlement or mediation. (Piper, Francine) (Entered: 04/01/2004)

March 24, 2004
49

MEMORANDUM AND ORDER, the ADA and Section 504 claims against the City defts are dismissed. Pltfs. motion for a preliminary injunction is denied. Signed by Judge David G. Trager on 3/30/04. (Greene, Donna) c/m (Entered:

March 31, 2004
52

ORDER endorsed on letter dated 4/2/04 from Ilann M. Maazel to Judge Trager. Application granted. Pltfs. shall file their submission until 4/7/04. Defts. shall file their submission until 4/9/04. Signed by Judge David G. Trager on 4/7/04. (Greene, Donna) (Entered: 04/08/2004)

April 8, 2004
53

Letter dated 4/7/04 from Ilann M. Maazel to Judge Trager, plff's request that the court appoint a master. (Piper, Francine) (Entered: 04/08/2004)

April 8, 2004
54

SCHEDULING ORDER: Initial Conference set for 5/7/2004 12:00 PM in Courtroom B before Magistrate−Judge Roanne L. Mann.. Signed by Judge Roanne L. Mann on 04/13/04. (Maynard, Pat) (Entered: 04/13/2004)

April 13, 2004
55

Letter from Jane R. Goldberg to Judge Trager dated 4/9/04 City defts. oppose the appointment of a special master which pltfs. first suggested at the March 24th conference and again in their letter dated 4/7/04. In the event that the Court decides that it will consider further the issue of whether or not to appoint a special master, City defts request the opportunity to be heard on that issue. (Greene, Donna) (Entered: 04/16/2004)

April 16, 2004
56

Letter from Steven L. Banks to Judge Trager dated 4/9/04 deft. Mills opposes the request by pltfs. for appointment of a Special Master in this action. (Greene, Donna) (Entered: 04/16/2004)

April 16, 2004
57

ORDER endorsed on letter dated 4/12/04 from Ilann M. Maazel to Judge Trager. Application granting Pltf. request for a short extension to move the court for reconsideration of its March 30 Order denying pltfs. motion for a preliminary injunction until 4/23/04. Signed by Judge David G. Trager on 4/12/04. (Greene, Donna) (Entered: 04/23/2004)

April 23, 2004
58

ORDER endorsed on letter dated 4/14/04 from Steven L. Banks to Judge Trager. Application granted. Deft. Mills time to answer the amended complaint extended until 5/14/04. Signed by Judge David G. Trager on 4/14/04. (Greene, Donna) (Entered: 04/26/2004)

April 26, 2004
63

Notice of MOTION for Reconsideration by A.C., B.T., D.D.. (Greene, Donna) (Entered: 05/10/2004)

April 26, 2004
64

Plaintiffs Motion for Partial Reconsideration of the Court's Memorandum and Order dated March 30, 2004.(Greene, Donna) (Entered: 05/10/2004)

April 26, 2004
66

NOTICE OF APPEAL as to 49 Memorandum &Opinion filed 3/31/04, by attorney for D.D., A.C., B.T.. Filing fee $ 255.00, receipt number 293310. Affidavit of service attached. Forms C and D mailed to attorney Ilann M. Maazel at 545 Madison Ave., 3rd Floor, New York, NY. 10022. USCA notified. Acknowledgment requested. (McGee, Mary Ann) (Entered: 05/10/2004)

April 29, 2004
65

Letter dated 4/30/04 from Ilann Maazel, Esq. to MJ Mann requesting an extension of expert discovery. (Chee, Alvin) (Entered: 05/10/2004)

April 30, 2004
59

ORDER, the parties joint request for a two−month extension of the fact discovery deadline, until 6/30/04 is granted. (Signed by Judge Roanne L. Mann on 4/26/04) (Piper, Francine) (Entered: 05/04/2004)

May 4, 2004

Case set to ECF status. All civil actions before this Judge are ECF matters. It is MANDATORY that you file all original documents electronically. Please refer to the Judge's Individual Rules. From this point forward, original documents are REQUIRED to be filed electronically and forward a hard copy, labeled courtesy copy, to chambers. The Judges' Individual Rules of Chambers and further information on ECF may be found at the website for the Eastern District of New York at www.nyed.uscourts.gov. (Piper, Francine) (Entered: 05/04/2004)

May 4, 2004
61

ORDER endorsed on letter dated 4/26/04 from Ilann M. Maazel to Judge Trager. Application Granted. Pltfs. time to file their motion for reconsideration shall be extended until 4/26/04. Signed by Judge David G. Trager on 4/26/04. (Greene, Donna) (Entered: 05/06/2004)

May 6, 2004
62

Letter dated 4/23/04 from Ilann Maazel to Mag. Mann, requesting a modest expansion of the current discovery schedule. (Piper, Francine) (Entered: 05/07/2004)

May 7, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 66 Notice of Appeal, (McGee, Mary Ann) (Entered: 05/10/2004)

May 10, 2004
67

RESPONSE in Opposition re 63 Notice of MOTION for Reconsideration filed by Joe Blaize, City Of New York, Michelle Fratti, Angelo Gimondo, Michael A. Johnson, Joel Klein, Beth Marino, New York City Board of Education, New York City Department of Education, Nelly Real−Korb. (Goldberg, Jane) (Entered: 05/14/2004)

May 14, 2004
68

ORDER endorsed on letter dated 5/6/04 from Steven Banks, Esq. to Hon. David G. Trager: Application granted extending time until 5/14/04 for deft Mills to serve and file papers opposing plaintiffs' motion for reconsideration. Signed by Judge David G. Trager on 5/10/04. (Chee, Alvin) (Entered: 05/14/2004)

May 14, 2004
69

ANSWER to Amended Complaint by Richard P. Mills.(Banks, Steven) (Entered: 05/14/2004)

May 14, 2004
70

RESPONSE in Opposition re 63 Notice of MOTION for Reconsideration filed by Richard P. Mills. (Banks, Steven) (Entered: 05/14/2004)

May 14, 2004
71

Letter dated 5/6/04 from Jane Goldberg to Judge Trager, joining in State dft's request for an extension of time to serve their response to pltff's motion for reconsideration. (Piper, Francine) (Entered: 05/21/2004)

May 21, 2004
72

REPLY to Response to Motion re 63 Notice of MOTION for Reconsideration filed by D.D.. (Maazel, Ilann) (Entered: 05/21/2004)

May 21, 2004
73

AFFIDAVIT of Service for Reply MOL served on Steven Banks &Jane Goldberg on May 21, 2004, filed by D.D.. (Maazel, Ilann) (Entered: 05/21/2004)

May 21, 2004
74

Letter dated 4/23/04 from Steven Banks to Mag. Mann, requesting a two−month extension of time until 6/30/04 for all dfts to conduct fact discovery. (Piper, Francine) (Entered: 05/25/2004)

May 25, 2004
79

Letter dated 5/26/04 from Jane Goldberg Esq. to USDJ Trager responding to the 5/26/04 letter from plaintiffs' counsel purporting to withdraw their motion for reconsideration of the Court's denial of a preliminary injunction. Declaration of Larry Sonnenshein's Opposition enclosed. (Williams−Jackson, Sandy) (Entered: 06/18/2004)

May 27, 2004
75

Letter from Ilann M. Maazel to Judge Trager dated 5/26/04 withdrawing motion dated 4/23/04 seeking partial reconsideration of the courts 3/30/04 Memorandum and Order. (Greene, Donna) (Entered: 06/09/2004)

June 9, 2004
76

Letter. (Attachments: # 1 # 2 letter)(Goldberg, Jane) (Entered: 06/09/2004)

June 9, 2004
77

ORDER: Each of the discovery deadlines is extended for 30 days. Depositions will commence after July 6, 2004, on dates in July agreeable to counsel. The City defendants shall respond to plaintiffs' document demands, served on April 16, 2004, by June 22, 2004. Signed by Judge Roanne L. Mann on 6/11/04. (Koh, Marianne) (Entered: 06/11/2004)

June 11, 2004
81

USCA Scheduling Order as to 66 Notice of Appeal, filed by B.T., D.D., A.C.. Appeal Record due by 7/14/2004. Appellant's brief shall be filed on or before 7/21/04. Appellee brief shall be filed on or before 8/20/04. That the argument of the appeal shall be heard no earlier than the week of 10/4/04.(Drayton, Lorraine) (Entered: 06/21/2004)

June 11, 2004
78

Minute Entry for proceedings held before Roanne L. Mann : Calendar Order of Tape−recorded Telephone Conference held on 6/16/2004. (Maynard, Pat) (Entered: 06/16/2004)

June 16, 2004

Certified and Transmitted INDEX on Appeal to US Court of Appeals re 66 Notice of Appeal. USCA#04−2542. Acknowledgment requested. (McGee, Mary Ann) (Entered: 06/18/2004)

June 17, 2004
80

Letter from Ilann Maazel to Judge Mann Regarding FERPA Notice. (Maazel, Ilann) (Entered: 06/18/2004)

June 18, 2004
82

ORDER re 80 Letter. The parties reportedly are attempting to resolve their differences as to the proposed notice. Counsel shall notify the Court, by 2:00 p.m., whether they have agreed upon a form of notice. If they have not, the Court will rule at that time. Signed by Judge Roanne L. Mann on 06/21/04. (Maynard, Pat) (Entered: 06/21/2004)

June 21, 2004
83

Letter from Municipal Defendants to Hon. Roanne L. Mann Regarding Municipal Defendants' revised proposed notification of disclosure dated June 21, 2004.. (Bowe, Martin) (Entered: 06/21/2004)

June 21, 2004
84

Letter from Ilann Maazel to Judge Mann Regarding Proposed FERPA Notice. (Maazel, Ilann) (Entered: 06/21/2004)

June 21, 2004
85

NOTICE of Appearance by Ilann Maazel on behalf of all plaintiffs (Maazel, Ilann) (Entered: 06/21/2004)

June 21, 2004
86

Letter from Martin Bowe for municipal defendants to Hon. Roanne L. Mann Regarding Letter from Martin Bowe for Municipal Defendants to Hon. Roanne L. Mann Regarding extension to respond to class counsel's objections to municipal defnedants' revised proposed notification, and for the parties to further attmempt to resolve disagreements with regard to the notification form; and an extension of time to make the class notification mailing.. (Bowe, Martin) (Entered: 06/21/2004)

June 21, 2004
87

ORDER re 80 Letter. Court issues notification order (regarding disclosure) . Signed by Judge Roanne L. Mann on 06/21/04. (Maynard, Pat) (Entered: 06/21/2004)

June 21, 2004
88

ORDER re 86 Letter. Application denied. Signed by Judge Roanne L. Mann on 06/21/04. (Maynard, Pat) (Entered: 06/21/2004)

June 21, 2004
89

ORDER: This is to notify the parties that, to date, in response to the notices sent to parents and guardians, the Court has received three objections to disclosure, none of which states the reason for the objection. Signed by Judge Roanne L. Mann on 06/25/04. (Maynard, Pat) (Entered: 06/25/2004)

June 25, 2004

Email Test − DO NOT REPLY (Guzzi, Roseann) (Entered: 06/28/2004)

June 28, 2004
91

Acknowledgment from USCA received re: 66 Appeal. Acknowledgment signed by TM on 6/21/04. USCA#04/2542. (Drayton, Lorraine) (Entered: 07/06/2004)

June 29, 2004
90

Minute Entry for proceedings held before Roanne L. Mann : Telephone Conference held on 7/2/2004. (Maynard, Pat) (Entered: 07/02/2004)

July 2, 2004
92

Letter from Martin Bowe to Mag. Mann dated 6/18/03 enclosing municipal−defts. proposed Notice of Order Directing Disclosure of Confidential Student Information. (Greene, Donna) (Entered: 07/16/2004)

July 16, 2004
93

Letter from Ilann Maazel to Hon. Roanne L. Mann Regarding Discovery Extention. (Maazel, Ilann) (Entered: 07/19/2004)

July 19, 2004
94

Letter from Jane R. Goldberg to Magistrate Judge Mann Regarding discovery. (Goldberg, Jane) (Entered: 07/19/2004)

July 19, 2004
95

NOTICE of Appearance by Ilann Maazel on behalf of all plaintiffs (Maazel, Ilann) (Entered: 07/19/2004)

July 19, 2004

Email Test − DO NOT REPLY (Piper, Francine) (Entered: 07/20/2004)

July 20, 2004
97

Letter from Ilann M. Maazel to Hon. Roanne L. Mann Regarding proposed protective order. (Attachments: # 1 Text of Proposed Order)(Maazel, Ilann) (Entered: 08/05/2004)

Aug. 5, 2004
98

Letter from Ilann M. Maazel to Hon. Roanne L. Mann Regarding Protective Order. (Maazel, Ilann) (Entered: 08/05/2004)

Aug. 5, 2004

State / Territory: New York

Case Type(s):

Education

Key Dates

Filing Date: May 16, 2003

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Young children who are being denied special education services despite being classified as developmentally delayed and in need to special education services by the school district.

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 (New York City), City

New York Department of Education, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 75,000

Content of Injunction:

Remedial education

Issues

General:

Individualized planning

Special education

Wait lists

Disability:

Mental impairment

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run