Case: E.B. v. Department of Education

1:02-cv-05118 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 20, 2002

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On September 20, 2002, four New York residents who had attended New York City public schools filed this putative class action complaint against the New York City Board of Education, the New York City Department of Education, and the New York City School District. A third and final amended complaint with six additional plaintiffs was filed on July 15, 2003. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983, the Fourteenth Amendment, the Individuals With Disabilities Educ…

On September 20, 2002, four New York residents who had attended New York City public schools filed this putative class action complaint against the New York City Board of Education, the New York City Department of Education, and the New York City School District. A third and final amended complaint with six additional plaintiffs was filed on July 15, 2003. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983, the Fourteenth Amendment, the Individuals With Disabilities Education Act (IDEA) 20 U.S.C. § 1400, the Americans with Disabilities Act (ADA), 42 ("ADA") U.S.C. § 12132, and Section 504 of the Rehabilitation Act. Plaintiffs alleged that children with disabilities were being excluded from New York public schools and denied educational services to which they were entitled without due process. The case was assigned to Judge Charles P. Sifton.

The plaintiffs sought injunctive, declaratory, and other relief, alleging numerous incidents of students with disabilities being removed from schools and deprived of educational opportunities. The complaint further alleged a general lack of oversight in the New York City school system and argued that, because the problems in the school system were systemic, it was not necessary that they show exhaustion of administrative remedies in each individual case in order for the court to have subject matter jurisdiction over the claim as would normally be required.

On July 25, 2003, defendants filed a motion to dismiss for lack of subject matter jurisdiction. The motion argued that plaintiffs either had not exhausted administrative remedies, as required by the IDEA, or that the claims of those plaintiffs who had properly sought relief through the administrative process had been rendered moot. Defendants further argued that because of the varying factual backgrounds of individual cases, solutions to problems must be sought on a case-by-case basis. In support of this, defendants argued that plaintiffs’ claims were exactly the sort that should be addressed through the administrative process, and further noted that, at the time the motion was filed, six of the ten named plaintiffs had resolved their claims by way of the administrative process.

On January 29, 2004, the court denied the defendants’ motion to dismiss. Citing precedent from the Second Circuit, the judge noted that the requirement in IDEA that parties exhaust administrative options prior to litigation had exceptions. Several plaintiffs claimed lack of appropriate notice in their being denied services. In keeping with precedent that held that lack of notice of procedural rights waived the exhaustion requirement, the judge exempted plaintiffs from the requirement.

On August 18, 2004 the judge granted plaintiffs’ motion to certify a class of “disabled New York City children age three through twenty-one who have been, will be, or are at risk of being excluded from school without adequate notice and deprived of a free and appropriate education through suspensions, expulsions, transfers, discharges, removals and denials of access.”

On July 24, 2015 the judge issued a stipulation approving a settlement agreement between the parties. 2015 WL 13707092. The settlement stipulation primarily covered suspensions and removals, transfers, and discharges. It also allowed for the plaintiffs to monitor compliance.

In the case of suspensions, the settlement required that suspensions of more than six days be given only upon approval from Department of Education’s Office of Safety and Youth Development or the Superintendent for the district. The settlement further allowed students to remain in school pending suspension hearings in some cases and required that plaintiffs' counsel be provided with data on suspensions every semester over the course of the stipulation period.

The settlement also called for “Manifestation Determination Reviews” for students receiving a high volume of suspensions in order to monitor whether students were receiving suspensions for conduct that was “caused by, or had a direct relationship to” the student’s disability. If it was determined that the student was suspended for conduct directly related to a disability, the school would not be allowed to suspend the student. The Department of Education was also required to institute special reviews and programs for tracking and helping students who received a certain number of suspensions. Students who received suspensions for a full year were provided with alternative instruction. Additional provisions of the settlement placed substantial restrictions on when students could be moved between schools and transferred to GED programs.

The settlement covered the first six full academic semesters beginning with the Fall Semester of the 2015-16 academic year. Plaintiffs also obtained counsel fees “as though they are prevailing parties” and the rights to monitor defendants to ensure their compliance with the terms of the settlement. The trial court retained exclusive jurisdiction to consider all further matters arising out of or connected with the settlement.

The settlement expired in October 2018.

Summary Authors

Jesse Schupack (10/21/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5387167/parties/eb-v-new-york-city-board-of-education/


Judge(s)

Go, Marilyn D. (New York)

Sifton, Charles Proctor (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Bloch, David J. (New York)

Dufresne, Bernard (New York)

Hechtman, Sarah (New York)

Hyman, Elisa F. (New York)

Kagle, Sarah M. (New York)

Katz, Sharon (New York)

Morehead, Shawn V. (New York)

Judge(s)

Go, Marilyn D. (New York)

Sifton, Charles Proctor (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Bloch, David J. (New York)

Dufresne, Bernard (New York)

Hechtman, Sarah (New York)

Hyman, Elisa F. (New York)

Kagle, Sarah M. (New York)

Katz, Sharon (New York)

Morehead, Shawn V. (New York)

Scheinkman, Michael Stuart (New York)

Shore, Rebecca Caren (New York)

Stewart, Matthew S. (New York)

Stier, David Aaron (New York)

Stone, Alexis Gene (New York)

Waldman, Randee J. (New York)

Attorneys(s) for Defendant

Birnbaum, Janice L. (New York)

Brooks, Chevon (New York)

Foley, Eamonn Francis (New York)

Grumet, Lisa Fleming (New York)

Rauchberg, Andrew James (New York)

Wolpert, Carolyn Michelle (New York)

Documents in the Clearinghouse

Document

1:02-cv-05118

Docket [Pacer]

E.B. v. New York City Board of Education

Oct. 18, 2018

Oct. 18, 2018

Docket
1

1:02-cv-05118

Class Action Complaint for Injunctive, Declaratory and Other Relief

Sept. 20, 2002

Sept. 20, 2002

Complaint
17

1:02-cv-05118

Third Amended Class Action Complaint for Injunctive, Declaratory and Other Relief

July 15, 2003

July 15, 2003

Complaint
49

1:02-cv-05118

Memorandum and Order

N.T. v. New York State Education Department

Jan. 29, 2004

Jan. 29, 2004

Order/Opinion
70

1:02-cv-05118

Corrected Memorandum and Order

N.T. v. New York City Board of Education

Aug. 18, 2004

Aug. 18, 2004

Order/Opinion
222

1:02-cv-05118

Memorandum & Order Preliminarily Approving the Proposed Settlement and Approving Plaintiffs' Notice of Class Action Settlement and Fairness Hearing

E.B. v. New York City Department of Education

2015 WL 13707091

May 19, 2015

May 19, 2015

Order/Opinion
228

1:02-cv-05118

Memorandum & Order Approving Settlement and Entering Final Judgment

E.B. vs. The New York City Department of Education

2015 WL 13707092

July 24, 2015

July 24, 2015

Order/Opinion
229

1:02-cv-05118

Judgment

July 24, 2015

July 24, 2015

Order/Opinion
235

1:02-cv-05118

Stipulation and Proposed Order

E.B. v. New York City Department of Education

Oct. 18, 2018

Oct. 18, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5387167/eb-v-new-york-city-board-of-education/

Last updated Aug. 2, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed and summons issued as to defendant(s) Joel Klein, New York City Board of Education, New York City Department of Education. Filing fee $150.00. Receipt number: 267028.. Filed by Elisa F. Hyman on behalf of B.N., J.W., N.T., S.M.. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 09/20/2002)

Sept. 20, 2002

Sept. 20, 2002

133

MEMORANDUM AND OPINION Motion to amend class definition is granted in part, and the motion to certify subclasses is granted consistent with amended class definition. Ordered by Judge Charles P. Sifton on 6/29/05. (Sifton, Charles)

June 30, 2005

June 30, 2005

RECAP
2

By Mag Go Order to Show Cause dtd. 9/20/02 pltff. may proceed under the pseudonyms N.T.; S.M., by and through his father K.M.; B.N., by and through his mother R.N.; and J.W. by and through his mother Y.C.;. (Jackson, Ramona) (Entered: 09/24/2002)

Sept. 24, 2002

Sept. 24, 2002

142

ORDER granting 135 Motion to Compel. Ordered by JudgeMarilyn D. Go on 12/1/05. (Proujansky, Josh)

Dec. 1, 2005

Dec. 1, 2005

RECAP
3

Declaration in support of pltff's motion to proceed under pseudonyms filed by Elisa F. Hyman on behalf of B.N., J.W., N.T., S.M.. (Jackson, Ramona) (Entered: 09/24/2002)

Sept. 24, 2002

Sept. 24, 2002

178

ORDER denying 156 Motion to Compel. Ordered by Judge Marilyn D. Go on 9/27/07. (Go, Marilyn)

Sept. 27, 2007

Sept. 27, 2007

RECAP
4

Declaration Memo. of Law in support of motion to proceed under pseudonyms filed by Elisa F. Hyman on behalf of B.N., J.W., N.T., S.M.. (Jackson, Ramona) (Entered: 09/24/2002)

Sept. 24, 2002

Sept. 24, 2002

5

Order extending time Answer due by 12/10/2002. On ltr. dtd. 10/9/02 from Janice Birnbaum(Jackson, Ramona) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

6

AMENDED COMPLAINT against all defendants, filed by EB, AJ.(Hyman, Elisa) (Entered: 11/05/2002)

Nov. 5, 2002

Nov. 5, 2002

7

Letter from Janice Birnbaum. (Birnbaum, Janice) (Entered: 12/05/2002)

Dec. 5, 2002

Dec. 5, 2002

ORDER endorsed on 7 Letter: Dfts' time to respond to the pltfs' amended complaint is extended to 1/31/03. Signed by Judge Charles P. Sifton on 12/9/02. C/M.(Fahey, Lauren) (Entered: 12/10/2002)

Dec. 10, 2002

Dec. 10, 2002

8

Letter from Janice Birnbaum. (Birnbaum, Janice) (Entered: 01/29/2003)

Jan. 29, 2003

Jan. 29, 2003

9

ORDER Extension of time to respond to amended complaint to Feb. 7,2003. On ltr. dtd. 1/29/03 from Janice Birnbaum.. Signed by Judge Charles P. Sifton on 1/30/03. (Jackson, Ramona) (Entered: 02/04/2003)

Feb. 4, 2003

Feb. 4, 2003

10

ANSWER to Amended Complaint by New York City Board of Education.(Birnbaum, Janice) (Entered: 02/10/2003)

Feb. 10, 2003

Feb. 10, 2003

11

Initial conference scheduled for 3/19/2003 at 3:00 p.m. as per attached order. Signed by Judge Marilyn D. Go on 02/12/03. (DeVeaux, Yvonne) (Entered: 02/12/2003)

Feb. 12, 2003

Feb. 12, 2003

12

Letter from Janice L.Birnbaum to Mag. Go request adjn. of conf. to March 31,2003 @ 3:00.. (Jackson, Ramona) (Entered: 03/19/2003)

March 19, 2003

March 19, 2003

ORDER re 12 Letter, granting adjournment to 3/31/03 at 3:00 p.m.. Signed by Judge Marilyn D. Go on 3/19/03. (Go, Marilyn) (Entered: 03/19/2003)

March 19, 2003

March 19, 2003

Minute Entry for proceedings held before Marilyn D. Go : Initial Conference Hearing held on 3/31/2003. Appearances by counsel of record. Counsel for defendants should promptly confer with plaintiffs' counsel regarding her contemplated motion to dismiss. With defendants' consent, plaintiffs are given leaven to file an amended complaint by 4/28/03. Any motion to dismiss must be filed by 5/19/03. Opposing papers are due 6/9/03 and a reply by 6/23/03. The remainder of the scheduling order will be discussed at the next conference scheduled for May 20, 2003 at 2:00 p.m. (Go, Marilyn) (Entered: 03/31/2003)

March 31, 2003

March 31, 2003

ORDER granting letter request of Elisa Hyman, plaintiff's counsel. The schedule previously set is extended as follows: amended complaint must be filed by 5/5/03. Any motion to dismiss must be filed by 5/27/03. Opposing papers are due 6/10/03 and a reply by 7/1/03. THE PARTIES ARE REMINDED THAT THIS CASE IS DESIGNATED FOR ELECTRONIC CASE FILING ("ECF"). THE COURT MAY DISREGARD FUTURE SUBMISSIONS NOT FILED VIA ECF. Signed by Judge Marilyn D. Go on 4/25/03. (Go, Marilyn) (Entered: 04/25/2003)

April 25, 2003

April 25, 2003

13

AMENDED DOCUMENT by N.T.. Second Amended Class Action Complaint for Injunctive, Declaratory and Other Relief . (Hyman, Elisa) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

14

Letter from C.Wolpert (via J. Birnbaum) to Mag. Go Regarding upcoming conference, assignment of C. Wolpert as defense counsel, and scheduling. (Birnbaum, Janice) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

ORDER granting 14 Letter from C. Wolpert. The time for defendants' motion to dismiss is extended as follows: motion must be filed by 6/27/03; opposing papers are due 7/10/03 and a reply is due by 8/1/03. Signed by Judge Marilyn D. Go on 5/16/03. (Go, Marilyn) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

Email Test (Guzzi, Roseann) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

Email Test (Permaul, Jenny) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

15

Letter from Carolyn Wolpert to Mag Go Regarding confirm conf. for July 9,2003.. (Jackson, Ramona) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

16

Letter from Carolyn Wolpert to The Honorable Marilyn Dolan Go Regarding Request for an extension of the current briefing schedule for defendants' motion to dismiss. (Wolpert, Carolyn) (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

ORDER granting re 16 Letter application extending the motion schedule. Signed by Judge Marilyn D. Go on 6/18/03. (Go, Marilyn) (Entered: 06/18/2003)

June 18, 2003

June 18, 2003

Status Conference held on 7/9/2003 at 10:00 a.m. before Marilyn D. Go : Appearances by telephone by Elisa Hyman and Carolyn Wolpert. There being no opposition, plaintiffs are given leave to file a third amended complaint which streamlines the claims in this action. The prior schedule for the motion to dismiss remains unchanged. Plaintiffs' motion for class certification must be filed by 8/15/03. Defendants' counsel must be prepared to discuss the question of discovery needed at the next scheduled conference. If the parties cannot resolve the dispute over disclosure of plaintiffs' records in light of FERPA, plaintiffs must make a prompt application. Next conference scheduled for August 25, 2003 at 9:45 a.m. (by tel).(DeVeaux, Yvonne) (Entered: 07/09/2003)

July 9, 2003

July 9, 2003

17

AMENDED DOCUMENT by N.T.. Third Amended Class Action Complaint for Injunctive, Declaratory and Other Relief . (Hyman, Elisa) (Entered: 07/15/2003)

July 15, 2003

July 15, 2003

18

MOTION to Dismiss for Lack of Jurisdiction by Joel Klein, New York City Board of Education, New York City Department of Education. Responses due by 8/15/2003 (Wolpert, Carolyn) (Entered: 07/25/2003)

July 25, 2003

July 25, 2003

19

MOTION to Dismiss for Lack of Jurisdiction (Memorandum of Law in Support) by Joel Klein, New York City Board of Education, New York City Department of Education. Responses due by 8/15/2003 (Wolpert, Carolyn) (Entered: 07/25/2003)

July 25, 2003

July 25, 2003

20

Notice of MOTION to Dismiss (Amended) by Joel Klein, New York City Board of Education, New York City Department of Education. Responses due by 8/15/2003 (Wolpert, Carolyn) (Entered: 07/31/2003)

July 31, 2003

July 31, 2003

21

Letter from E. Hyman to Magistrate Judge Go Regarding Request for Extension. (Hyman, Elisa) (Entered: 08/13/2003)

Aug. 13, 2003

Aug. 13, 2003

ORDER re 16 Letter, 21 Letter. Plaintiffs' time to file their opposition to the motion to dismiss is extended to 8/21/03. The schedule for defendants' reply and the class certification motion will be discussed at the next scheduled conference on August 25, 2003 at 9:45 a.m. Signed by Judge Marilyn D. Go on 8/15/03. (Go, Marilyn) (Entered: 08/15/2003)

Aug. 15, 2003

Aug. 15, 2003

22

RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction, 19 MOTION to Dismiss for Lack of Jurisdiction (Memorandum of Law in Support) , 20 Notice of MOTION to Dismiss (Amended) filed by N.T.. (Hyman, Elisa) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

23

RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction, 19 MOTION to Dismiss for Lack of Jurisdiction (Memorandum of Law in Support) , 20 Notice of MOTION to Dismiss (Amended) Declaration of Elisa Hyman in Support of Opposition to Motion to Dismiss filed by N.T.. (Hyman, Elisa) (Entered: 08/22/2003)

Aug. 22, 2003

Aug. 22, 2003

Calendar Entry for proceedings held before Marilyn D. Go on 8/25/2003. Appearances by Carolyn Wolpert and Elisa Hyman. Defendants' reply to plaintiffs' opposition to motion to dismiss is due 9/17/03. The parties should work to submit a set of joint exhibits with respect to documents referenced in the motion. Plaintiffs' motion for class certification must be filed 9/29/03; opposing papers by 10/21/03 and a reply by 11/3/03. Defendants should engage in discovery with respect to the class certification motion, to the extent apparent from plaintiffs' submissions in opposition to the motion to dismiss. (DeVeaux, Yvonne) (Entered: 08/25/2003)

Aug. 25, 2003

Aug. 25, 2003

24

Letter from Carolyn Wolpert to Judge Sifton Regarding Rescheduling Oral Argument of Defendants' Motion to Dismiss. (Wolpert, Carolyn) (Entered: 09/05/2003)

Sept. 5, 2003

Sept. 5, 2003

ORDER re 24 Motion to dismiss to Oct. 8,2003. On ltr. dtd. 9/5/03 from Carolyn Wolpert.. Signed by Judge Charles P. Sifton on 9/8/03. (Jackson, Ramona) (Entered: 09/10/2003)

Sept. 10, 2003

Sept. 10, 2003

25

REPLY to Response to Motion re 18 MOTION to Dismiss for Lack of Jurisdiction, 19 MOTION to Dismiss for Lack of Jurisdiction (Memorandum of Law in Support) , 20 Notice of MOTION to Dismiss (Amended) Defendants' Reply Memorandum of Law filed by Joel Klein, New York City Board of Education, New York City Department of Education. (Wolpert, Carolyn) (Entered: 09/17/2003)

Sept. 17, 2003

Sept. 17, 2003

26

REPLY to Response to Motion re 18 MOTION to Dismiss for Lack of Jurisdiction, 19 MOTION to Dismiss for Lack of Jurisdiction (Memorandum of Law in Support) , 20 Notice of MOTION to Dismiss (Amended) Declaration of Carolyn Wolpert filed by Joel Klein, New York City Board of Education, New York City Department of Education. (Wolpert, Carolyn) (Entered: 09/17/2003)

Sept. 17, 2003

Sept. 17, 2003

27

Letter from Elisa Hyman to Magistrate Judge Go Regarding Request for Extension. (Hyman, Elisa) (Entered: 09/25/2003)

Sept. 25, 2003

Sept. 25, 2003

ORDER: 27 Letter request for extension of the deadlines for submissions regarding the class certification motion granted. Signed by Judge Marilyn D. Go on 9/26/03. (Go, Marilyn) (Entered: 09/26/2003)

Sept. 26, 2003

Sept. 26, 2003

28

First MOTION to Certify Class by N.T.. Responses due by 10/24/2003 (Hyman, Elisa) (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

29

First MOTION to Certify Class Memorandum of Law and Declaration in Support by N.T.. Responses due by 10/24/2003 (Attachments: # 1 Affidavit Declaration of E. Hyman)(Hyman, Elisa) (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

30

AFFIDAVIT in Opposition re 20 Notice of MOTION to Dismiss (Amended) Supplemental Declaration of Elisa Hyman filed by N.T.. (Hyman, Elisa) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

31

EXHIBIT Volume 1 Exhibits to the Declaration of Elisa Hyman Esq. in support of pltff's motion for class Certification(Jackson, Ramona) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

32

EXHIBIT Volume 11 Exhibits to the Declaration of Elisa Hyman Esq. in support of pltff's motion for class certification.(Jackson, Ramona) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

33

EXHIBIT Volume 111 Exhibits to the Declaration of Elisa Hyman Esq. in support of pltff's motion for class certification(Jackson, Ramona) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

35

Declaration of CAROLYN WOLPERT re 18 Exhibits to MOTION to Dismiss for Lack of Jurisdiction by New York City Board of Education, New York City Department of Education. (Jackson, Ramona) (Entered: 10/07/2003)

Oct. 7, 2003

Oct. 7, 2003

36

Letter from Carolyn Wolpert to Magistrate Go Regarding Briefing Schedule for plantiffs' motion for class certification. (Wolpert, Carolyn) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

37

Letter from E. Hyman to Magistrate Go Regarding Plaintiffs' Opposition to Defendants' Requests for (i) an Extension and (ii) Order Regarding Discovery. (Hyman, Elisa) (Entered: 10/09/2003)

Oct. 9, 2003

Oct. 9, 2003

ORDER: Magistrate Judge Marilyn D. Go will hold a conference immediately following your oral argument before Judge Sifton on 10/15/2003. The schedule for class discovery, if any, and for submissions on the class certification motion will be discussed. If there is any change in the date or time, please notify us.Signed by Judge Marilyn D. Go on 10/10/03. (DeVeaux, Yvonne) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

38

Letter from Carolyn Wolpert to Magistrate Go Regarding plaintiffs' letter of October 9, 2003. (Wolpert, Carolyn) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

39

Minute Entry for proceedings held before Charles P. Sifton : Motion Hearing held on 10/15/2003 Case called. Motion of deft's for summary judgment argued. Decision RESERVED. (Entered: 10/21/2003)

Oct. 15, 2003

Oct. 15, 2003

Calendar entry for proceedings held before Marilyn D. Go on 10/15/2003: Appearances by Elisa Hyman, Randi Waldman, Carolyn Wolpert and Alexandra Michalos. Counsel should discuss defendants' discovery requests concern the class certification motion prior to the next conference. NEXT CONFERENCE SCHEDULED FOR October 23, 2003 at 4:00 p.m. (DeVeaux, Yvonne) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

Calendar Entry for proceedings held before Marilyn D. Go on 10/23/2003: Appearances by counsel of record. The parties are given two weeks to engage in discussions to see if they can settle this case. If they are not close to agreement by the next conference, a schedule will be issued on class discovery. Next conference scheduled for Nov. 5, 2003 at 9:45 a.m. (DeVeaux, Yvonne) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

40

Letter from Elisa Hyman to Magistrate Judge Go Regarding Conference. (Hyman, Elisa) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

ORDER granting 40 Letter request for an adjournment. The next conference is adjourned to November 18, 2003 at 12:00 noon. Signed by Judge Marilyn D. Go on 11/3/03. (Go, Marilyn) (Entered: 11/03/2003)

Nov. 3, 2003

Nov. 3, 2003

41

TRANSCRIPT of motion hearing held on 10/15/03 before Judge Sifton. Court Reporter: Fiore Transcription Service. (Jackson, Ramona) (Entered: 11/05/2003)

Nov. 5, 2003

Nov. 5, 2003

42

Letter from Carolyn Wolpert to The Honorable Charles P. Sifton Regarding rescheduling oral argument of plaintiffs' motion for class certification. (Wolpert, Carolyn) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

Minute Entry for telephone Conference held before Marilyn D. Go on 11/18/2003: Appearances by Elisa Hyman and Carolyn Wolpert. Settlement discussions are progressing, as well as narrowing of issues re class discovery. Next conference scheduled for Nov. 26, 2003 at 9:45 a.m. (by telephone) (DeVeaux, Yvonne) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

Minute Entry for proceedings held before Marilyn D. Go: Discovery Hearing held on 11/26/2003. Class discovery must be completed by 1/30/04. No extensions will be granted. Plaintiffs must promptly completion production of requested documents so depositions may proceed. Defendants' opposition to the class certification motion is due 2/26/04 and plaintiffs' reply is due 3/18/04. (Go, Marilyn) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

43

Letter from Carolyn Wolpert to Judge Sifton Regarding adjourning oral argument of plaintiffs' motion for class certification. (Wolpert, Carolyn) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

45

ORDER Oral argument adjourned to march 30,2004. On ltr. dtd. 11/26/03 from Carolyn Wolpert.. Signed by Judge Charles P. Sifton on 12/4/03. (Jackson, Ramona) (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

46

Letter from Carolyn Wolpert to Magistrate Go Regarding Class Discovery. (Wolpert, Carolyn) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

47

Letter from Elisa Hyman to Magistrate Judge Go Regarding Class Discovery. (Hyman, Elisa) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

ORDER re 46 Letter from Carolyn Wolpert and 47 Letter from Elisa Hyman Regarding Class Discovery. A telephone conference will be held on Jan. 30, 2004 at 1:15 p.m. to discuss remaining class discovery. Counsel must confer prior to the conference. Signed by Judge Marilyn D. Go on 1/28/04. (Go, Marilyn) (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

48

Letter from Carolyn Wolpert to Magistrate Judge Marilyn Dolan Go Regarding Plaintiffs' Letter dated January 27, 2004. (Wolpert, Carolyn) (Entered: 01/28/2004)

Jan. 28, 2004

Jan. 28, 2004

49

MEMORANDUM AND OPINION For the reasons set forth above, deft's motion to dismiss this action for lack of personal jurisdiction is DENIED.. Signed by Judge Charles P. Sifton on 1/26/04. (Jackson, Ramona) Copies mailed. (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

Minute Entry for proceedings held before Marilyn D. Go : Telephone Conference held on 1/30/2004. Appearances by telephone by Randee Waldman, Janice Birnbaum and Carolyn Wolpert. Defendants may conduct the depositions of plaintiffs N.T. and K.S.G. for all purposes, subject to the following restrictions: each deposition is limited to one hour and defendants must make a good faith effort to minimize the length of the deposition and first propound interrogatories by 2/4/04 as to straightforward factual matters. Plaintiffs' responses are due 2/13/04. Depositions must be held the week of 2/16/04. If attempts to resolve the objections to discovery requests are unsuccessful, defendants' motion to compel must be filed by 2/18/04 and opposition by 2/23/04. Defendants' opposition to the motion for class certification must be filed by 3/19/04 and plaintiffs' reply by 4/5/04. (Go, Marilyn) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

50

Letter from Carolyn Wolpert to Magistrate Judge Marilyn Dolan Go Regarding Defendants' Motion to Compel. (Wolpert, Carolyn) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

51

Letter from Carolyn Wolpert to Magistrate Judge Marilyn Dolan Go Regarding Class Discovery. (Wolpert, Carolyn) (Entered: 02/25/2004)

Feb. 25, 2004

Feb. 25, 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. 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. (Jackson, Ramona) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

52

ORDER Application GRANTED. deft's must file their motion to compel by 2/25/04. On ltr. dtd. 2/13/04 from Carolyn Wolpert.. Signed by Judge Marilyn D. Go on 2/13/04. (Jackson, Ramona) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

ORDER granting 51 letter application of Carolyn Wolpert regarding class discovery. Plaintiffs' counsel must supplement discovery responses within two days after receipt of documents from their clients, if received prior to the date for defendants' opposition to the class certification motion, and within one week if after that date. Signed by Judge Marilyn D. Go on 3/5/04. (Go, Marilyn) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

ORDER supplementing 3/5/04 ORDER granting 51 letter application of Carolyn Wolpert regarding class discovery. With respect to any documents received from clients within ten days before the oral argument date, plaintiffs' counsel must supplement discovery responses within two days after receipt of documents from their clients. Signed by Judge Marilyn D. Go on 3/5/04. (Go, Marilyn) (Entered: 03/05/2004)

March 5, 2004

March 5, 2004

54

Letter from Carolyn Wolpert to Judge Sifton Regarding Stipulation. (Wolpert, Carolyn) (Entered: 03/15/2004)

March 15, 2004

March 15, 2004

55

ORDER Oral argument on motion for class certification to April 20,2004. Deft's opposition March 19,2004. Pltff's reply April 5,2004. On ltr. dtd. 3/9/04 from Carolyn Wolpert.. Signed by Judge Charles P. Sifton on 3/10/04. (Jackson, Ramona) (Entered: 03/16/2004)

March 16, 2004

March 16, 2004

56

Letter from Carolyn Wolpert to Judge Sifton Regarding Filing of Defendants' Opposition to Plaintiffs' Motion for Class Certification. (Wolpert, Carolyn) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

57

RESPONSE in Opposition re 28 First MOTION to Certify Class, 29 First MOTION to Certify Class Memorandum of Law and Declaration in Support filed by Joel Klein, New York City Board of Education, New York City Department of Education. (Wolpert, Carolyn) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

58

AFFIDAVIT in Opposition re 28 First MOTION to Certify Class, 29 First MOTION to Certify Class Memorandum of Law and Declaration in Support filed by Joel Klein, New York City Board of Education, New York City Department of Education. (Attachments: # 1 Affidavit Exhibit BB, Declaration of Lori Mei# 2 Affidavit Exhibit CC − Declaration of Quin Werthauer# 3 Affidavit Exhibit DD − Declaration of Lois Kessler# 4 Affidavit Exhibit EE − Declaration of Leslie Matuk)(Wolpert, Carolyn) (Entered: 03/19/2004)

March 19, 2004

March 19, 2004

59

STIPULATION AND ORDER Caption is hereby changed.. Signed by Judge Charles P. Sifton on 3/18/04. (Jackson, Ramona) (Entered: 03/26/2004)

March 26, 2004

March 26, 2004

60

REPLY to Response to Motion re 28 First MOTION to Certify Class, 29 First MOTION to Certify Class Memorandum of Law and Declaration in Support filed by EB. (Attachments: # 1 Affidavit Declaration of Elisa Hyman dated April 7, 2004# 2 Letter to Judge Sifton regarding filing of exhibits by hand)(Hyman, Elisa) (Entered: 04/07/2004)

April 7, 2004

April 7, 2004

61

ORDER Extension of time to 4/7/04, to reply to memo. in opposition.to motion for class certification.. Signed by Judge Charles P. Sifton on 4/5/04. (Jackson, Ramona) (Entered: 04/08/2004)

April 8, 2004

April 8, 2004

62

reply Memo. in further in Support re 29 First MOTION to Certify Class Memorandum of Law and Declaration in Support filed by AJ, EB, J.W., LBI, S.M.. (Jackson, Ramona) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

63

Declaration of ELISA HYMAN by AJ, EB, J.W., LBI, N.T., S.M. in further support of pltff's motion for class certification. (Jackson, Ramona) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

65

Minute Entry for proceedings held before Charles P. Sifton : Motion Hearing held on 7/15/2004 re 28 First MOTION to Certify Class filed by N.T., 29 First MOTION to Certify Class Memorandum of Law and Declaration in Support filed by N.T. (Court Reporter Winnie Valentine.) Decision RESERVED. (Jackson, Ramona) (Entered: 07/29/2004)

July 15, 2004

July 15, 2004

64

MEMORANDUM AND OPINION Pltff's motion to certify the class is GRANTED. The motion to certify subclass is DENIED.. Signed by Judge Charles P. Sifton on 7/19/04. (Jackson, Ramona) copies mailed (Entered: 07/22/2004)

July 22, 2004

July 22, 2004

ORDER: A status conference will be held in the above−captioned case before Marilyn Dolan Go on August 11, 2004 at 2:30 p.m. in Room 357 at the United States Courthouse. All counsel should confirm with each other that all necessary participants are aware of this conferenceSigned by Judge Marilyn D. Go on 7/26/04. (DeVeaux, Yvonne) (Entered: 07/26/2004)

July 26, 2004

July 26, 2004

66

TRANSCRIPT of Motion held on July 15,2004 before Judge Sifton. Court Reporter: Rosalie Lombardi. (Jackson, Ramona) (Entered: 08/04/2004)

Aug. 4, 2004

Aug. 4, 2004

67

Letter from E. Hyman to Judge Go Regarding Request to adjourn conference. (Hyman, Elisa) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

69

Letter from Sarah Hechtman to Judge Sifton Regarding class certification Order. (Hechtman, Sarah) (Entered: 08/12/2004)

Aug. 12, 2004

Aug. 12, 2004

70

CORRECTED MEMORANDUM AND ORDER For the reasons stated, the pltff's motion to certify class is GRANTED, The motion to certify subclass is DENIED without prejudice.. Signed by Judge Charles P. Sifton on 8/17/04. (Jackson, Ramona) Copies Mailed (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

Minute Entry for proceedings held before Marilyn D. Go : Interim Pretrial Conference held on 9/15/2004. Appearances by Elisa Hyman, Sarah Hechtman, Cynthia Godsoe, Carolyn Wolpert. Parties must serve written discovery requests within one month and discuss a confidentiality order. A scheduling order will be issued at the next conference scheduled for Nov. 5, 2004 at 11:30 a.m. (Go, Marilyn) (Entered: 09/15/2004)

Sept. 15, 2004

Sept. 15, 2004

71

NOTICE of Appearance by Sarah B. Hechtman on behalf of NT Class Action plaintiffs'.(Guzzi, Roseann) (Entered: 09/17/2004)

Sept. 15, 2004

Sept. 15, 2004

72

Letter from Ehyman to Judge Go Regarding Request for Extension and Adjournment of Conference. (Hyman, Elisa) (Entered: 10/13/2004)

Oct. 13, 2004

Oct. 13, 2004

ORDER re 72 Letter. Extension of time to serve discovery requests granted. The next conference is adjourned to November 12, 2004 at 11:00 a.m.Signed by Judge Marilyn D. Go on 10/14/04. (DeVeaux, Yvonne) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

73

Letter from E. Hyman, Counsel for Plaintiffs to Judge Charles P. Sifton Regarding Plaintiffs' Request for a Conference. (Hyman, Elisa) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

74

Letter from Carolyn Wolpert to Judge Sifton Regarding plaintiffs' counsel's letter dated October 18, 2004. (Wolpert, Carolyn) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 20, 2002

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled New York City children age three through twenty-one who have been, will be, or are at risk of being excluded from school without adequate notice and deprived of a free and appropriate education through suspensions, expulsions, transfers, discharges, removals and denials of access

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, School District

New York City Department of Education, School District

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):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - 2018

Content of Injunction:

Discrimination Prohibition

Monitoring

Reasonable Accommodation

Reporting

Issues

General:

Education

Juveniles

Reasonable Accommodations

School/University policies

Special education

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run