Case: Jose P. v. Mills

1:96-cv-01834 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 1, 1978

Clearinghouse coding complete

Case Summary

The Clearinghouse is unable to locate the docket and other key documents for this case. As such, the following summary is based on court orders from the U.S. District Court for the Eastern District of New York and the U.S. Court of Appeals for the Second Circuit. This case was originally filed on February 1st, 1978, under the name Jose P. v. Ambach. The complaint was brought on behalf of a class of handicapped children who allege that New York State was depriving them of an appropriate public e…

The Clearinghouse is unable to locate the docket and other key documents for this case. As such, the following summary is based on court orders from the U.S. District Court for the Eastern District of New York and the U.S. Court of Appeals for the Second Circuit.

This case was originally filed on February 1st, 1978, under the name Jose P. v. Ambach. The complaint was brought on behalf of a class of handicapped children who allege that New York State was depriving them of an appropriate public education. The plaintiffs alleged that this deprivation came mainly from excessive wait periods for evaluation and placement into proper programs, with the complaint alleging that there at least 14,000 children in the state of New York who had excessive wait times. Plaintiffs filed claims under the Education for Handicapped Children Act, the Rehabilitation Act of 1973, and under New York State law.

On December 14, 1979, Judge Eugene Nickerson issued a decision on the case. Judge Nickerson concluded that defendants had violated federal and New York state law in not making free public education sufficiently available to handicapped children in a timely manner. In his decision on redress, the judge first declared that 'timely' meant evaluating a potentially handicapped child within 30 days and placing them in an appropriate program within 60, and enjoined NYS officials into compliance with this timeline. Additionally, the judge ordered defendants to carry out a census of disabled children in NYS and to create an outreach office for the children. Finally, the judge mandated a commensurate expansion of services and facilities to meet this demand.

On January 21, 1982, the US Court of Appeals for the Second Circuit issued a new opinion on the case following an appeal. The Second Circuit decided for the plaintiffs, with Chief Judge Oakes issuing four main holdings: that "(1) class actions could be maintained against New York State Commissioner of Education, notwithstanding plaintiffs’ failure to exhaust state administrative remedies; (2) New York State defendants could properly be found to have failed to meet requirements of Education of All Handicapped Children Act that “(t)he State educational agency shall be responsible for assuring” that local agencies comply with policies of EHA and state likewise could properly be found to have failed to meet its obligation under Rehabilitation Act to ensure that programs in the state did not discriminate on basis of
handicap; (3) judge’s decision to apportion fees according to relative culpability was within his discretion; and (4) court’s estimate of legal responsibility was not clearly erroneous."

On February 24, 1983, back in the District Court Judge Nickerson issued another opinion finding largely in favour of the plaintiffs. Judge Nickerson issued five main holdings: that "(1) the Education for All Handicapped Children Act creates private right of action apart from provision for judicial review of individual program; (2) affirmative action ordered in judgment and regulations interpreting Rehabilitation Act were not invalid; (3) even if only plaintiff’s state law claims were viable, court would exercise its discretion to retain jurisdiction; (4) there was no reason to amend judgment; and (5) special master would be appointed to determine extent to which city defendants violated judgment and what sanctions should be imposed to bring about compliance."

The settlement has been monitored since that date to ensure that defendants meet their commitments under the decision.

 

Summary Authors

Carlos Hurtado-Esteve (10/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11335484/parties/jose-p-v-gordon-m-ambach/


Judge(s)

Conner, William Curtis (New York)

Attorney for Plaintiff

Adler, Harold (New York)

Block, Arthur R. (New York)

Attorney for Defendant

Bergen, Robert (New York)

Connell, Monica Anne (New York)

show all people

Documents in the Clearinghouse

Document

80-7053

Opinion

Jose P. v. Ambach

U.S. Court of Appeals for the Second Circuit

Jan. 21, 1982

Jan. 21, 1982

Order/Opinion

669 F.2d 865

1:79-cv-00270

Memorandum and Order

Jose P. v. Ambach

Feb. 24, 1983

Feb. 24, 1983

Order/Opinion

557 F.Supp. 1230

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11335484/jose-p-v-gordon-m-ambach/

Last updated Dec. 6, 2025, 3:35 a.m.

ECF Number Description Date Link Date / Link

[At Chambers' request this civil action number has been assigned to replace 1:79-cv-270 (EHN).] (Vaughn, Terry)

April 18, 1996

April 18, 1996

1

NOTICE to ATTORNEYS from Shirley Wilson, Case Manager to Judge Nickerson, dated April 22, 1996, advising that docket number 1:79-cv-270 (EHN)(JLC) has been changed to this new civil action number. The old number -270 should be closed. All docket entries will now be made on -1834, and counsel should so label all future submissions. c/m (Vaughn, Terry) (Entered: 04/24/1996)

April 23, 1996

April 23, 1996

CASE REFERRED to Magistrate John L. Caden. (Vaughn, Terry)

April 24, 1996

April 24, 1996

2

NOTICE to Attys, dtd 4/22/96. Be advised that under the direction of Judge Nickerson the new docket # in this case is 96cv1834. The old # 79cv270, has been closed. As of 4/19/96, all docket entries in this case will be made on 96cv1834. (Vasquez, Liz) (Entered: 04/30/1996)

April 30, 1996

April 30, 1996

3

LETTER dated 5/6/96 from Anthony C.O. Keefe to Ms. Wilson, Case Manager. Informing the courts that Patterson, Belknap, Webb&Tyler LLP is no longer involved in this case. (Vasquez, Liz) (Entered: 05/10/1996)

May 10, 1996

May 10, 1996

4

STIPULATION AND ORDER that the payment of attorneys' fees and costs by the State Defendants to UCP Plaintiffs' attorneys, Michael A. Rebell Associates, shall be $19,400.00 for all of Plaintiffs' claims for attorneys' fees and costs for the period from 8/1/94 through 7/31/95, representing 20% of the total of all of the UCP Plaintiffs' fees and costs for that period. ( signed by Judge Eugene H. Nickerson, dated 7/3/96 ) **See document for complete details. (Murphy, Margaret) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

5

STIPULATION AND ORDER that the payment of attorneys' fees and costs by the state defendant to plaintiffs' attorneys, Brooklyn Legal Services Corp. by John C. Gray, Jr., shall be $20,300.00 for the period from 8/1/94 through 7/31/95, representing 20% of the total of all fees and costs for that period. ( signed by Judge Eugene H. Nickerson, dated 7/3/96 ) **See document for complete details. (Murphy, Margaret) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

6

STIPULATION AND ORDER, substituting attorney John C. Gray at 56 Middagh street for John C. Gray at 105 Court Street . ( signed by Magistrate John L. Caden, dated 7/8/96 ) (Murphy, Margaret) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

7

STIPULATION AND ORDER that the payment of attorneys' fees and costs by the State defendant to plaintiffs' Dyrcia S. attorneys, Teitelbaum, Hiller, Rodman, Paden & Hibsher, P.C. shall be $19,500 for all of plaintiffs' claims for attorneys fees and costs for the period from 8/1/94 through 7/31/95, representing 20% of the total of all of the Dyrcia S. plaintiffs' fees and costs for that period. ( signed by Judge Eugene H. Nickerson, dated 7/3/96 ) **See document for complete details. (Murphy, Margaret) (Entered: 07/10/1996)

July 10, 1996

July 10, 1996

8

(Copy) LETTER dated 8/20/96 from Roger Juan Maldonaldo, counsel for Dyrcia S., to Magistrate Judge Caden, advising that he enclosed a courtesy copy of the Consent to Substitution of COunsel and Order submitted by Aspira of New York, Inc. (Murphy, Margaret) (Entered: 08/23/1996)

Aug. 20, 1996

Aug. 20, 1996

9

ORDER, consolidating cases . Pursuant to the understanding of the parties, 96-CV-1834(EHN) and 79-CV-2562(EHN) are consolidated. The lead docket number is 96-CV-1834(EHN). The parties from 79-CV-2562(EHN) that are not mentioned in 96-CV-1834 will be added to the system for docketing purposes only. ( signed by Judge Eugene H. Nickerson, dated 11/13/96 ) (Murphy, Margaret) (Entered: 11/14/1996)

Nov. 14, 1996

Nov. 14, 1996

10

STIPULATION AND ORDER that the City defendants will pay Dyrcia S. plaintiffs $75,000 in full satisfaction of their 80% share of the plaintiffs' claims for attorneys fees and costs for the period from 8/1/95 through 7/31/96. In consideration for the payment of this sum, the Dyrcia S. plaintiffs agree to release the City defendants from any and all liability, claims or rights of action for attorneys fees and costs for the period 8/1/95 through 7/31/96. This stipulation and order contains all the terms and conditions agreed upon by the parties hereto, and no oral agreement entered into at any time prior to the execution of this stipulation and order regarding the subject matter of the instant proceeding shall be deemed to exist, or to bind the parties hereto, or to vary the terms of conditions contained herein. ( signed by Judge Eugene H. Nickerson, dated 11/13/96 ) **See document for complete details. (Murphy, Margaret) (Entered: 11/14/1996)

Nov. 14, 1996

Nov. 14, 1996

11

CONSENT AND ORDER, substituting attorney from Teitelbaum, Hiller, Rodman, Paden & Hibsher, P.C. and added Roger J. Maldonado for plaintif Dyrcia S. ( signed by Judge Eugene H. Nickerson, dated 9/30/96 ) (Murphy, Margaret) (Entered: 11/14/1996)

Nov. 14, 1996

Nov. 14, 1996

12

STIPULATION AND ORDER that the City defendants will pay Jose P. plaintiffs $62,000 in full satisfaction of their 80% share of the plaintiffs' claims for attorneys fees and costs for the period from 8/1/95 through 7/31/96. ( signed by Judge Eugene H. Nickerson, dated 12/6/96 ) (Murphy, Margaret) (Entered: 12/10/1996)

Dec. 10, 1996

Dec. 10, 1996

13

LETTER dated 12/4/96 from John C. Gray, counsel for Jose P. Class, to Judge Nickerson, advising that on 7/31/96 he became counsel for Jose P. in his priviate capacity, substituting for Brooklyn Legal Services for which he no longer works full-time. He has worked with Jose P. since 7/31/96 which has been entirely in this new private capacity with the exception of signing an earlier stipulation. (Murphy, Margaret) (Entered: 12/10/1996)

Dec. 10, 1996

Dec. 10, 1996

14

LETTER dated 12/5/96 from Michael A. Rebell, to Judge Nickerson, informing that he enclosed a signed attorney's fees stipulation, which they request be "so ordered" by the court. (Murphy, Margaret) (Entered: 12/11/1996)

Dec. 11, 1996

Dec. 11, 1996

15

STIPULATION AND ORDER that the City defendants will pay the United Cerebral Palsy of New York, Inc., plaintiffs $162,190.00 in full satisfaction of their 80% share of the UCP plaintiffs' claims for attorneys fees and costs for the period from 8/1/95 through 7/31/96. ( signed by Judge Eugene H. Nickerson, dated 12/9/96 ) **See document for complete details. (Murphy, Margaret) (Entered: 12/11/1996)

Dec. 11, 1996

Dec. 11, 1996

16

ORDER that pursuant to the understanding of the parties, 96-cv-1834 and 79-cv-560 are consolidated. The lead docket number for the consolidated cases is 96-cv-1834. All parties and counsel from 79-cv-560 shall be added to the caption in the lead case. ( signed by Judge Eugene H. Nickerson, dated 12/9/96 ) c/m. (Murphy, Margaret) (Entered: 01/07/1997)

Jan. 7, 1997

Jan. 7, 1997

17

STIPULATION AND ORDER that the City defendants will pay the Dycria S. plaintiffs $35,000 in full satisfaction of their 80% share of the plaintiffs' claims for attorneys fees and costs for the period from 8/1/96 through 12/31/96. In return the Dycria S. plaintiffs agree to release the City defendants, their representatives, successors and assigns from any and all liability, claims or rights of action for attorneys fees and costs for the period 8/1/96 through 12/31/96. ( signed by Judge Eugene H. Nickerson, dated 4/3/97 ) **See document for complete details. (Murphy, Margaret) (Entered: 04/09/1997)

April 9, 1997

April 9, 1997

18

STIPULATION AND ORDER, for attorney fees and costs . The State defendant shall pay to plaintiffs' Dyrcia S. attorneys the amount of $18,750.00 for claims from 8/1/95 thorugh 7/31/96, representing 20% of the total of all of the Dyrcia S. plantiffs' fees and costs. Signed by Judge Eugene H. Nickerson on 4/15/97. ** refer to document for complete details ** (Asreen, Wendy) (Entered: 04/17/1997)

April 17, 1997

April 17, 1997

19

STIPULATION AND ORDER, for attorney fees . The City defendants will pay the Jose P. plaintiffs $23,000.00 in full satisfaction of their 80% share of plaintiffs' claims for attorneys fees and costs for the period from 8/1/96 thorugh 12/31/96. Signed by Judge Eugene H. Nickerson, undated. ** refer to document for complete details ** (Asreen, Wendy) (Entered: 04/17/1997)

April 17, 1997

April 17, 1997

20

STIPULATION AND ORDER, for attorney fees . The payment of attorneys' fee by the state defendant to the attorneys for Jose P. plaintiffs shall be $15,500 for the period from 8/1/95 thourgh 7/31/96, representing 20% of the total of all fees for that period. Signed by Judge Eugene H. Nickerson on 4/15/97. ** refer to document for complete details ** (Asreen, Wendy) (Entered: 04/17/1997)

April 17, 1997

April 17, 1997

21

STIPULATION AND ORDER, for attorney fees . The payment of attorneys' fees and costs by the State Defendant to UCP Plaintiffs' attorneys, shall be $40,547.66 for all of plaintiffs' claims for attorneys' fees and costs for the period from 8/1/95 through 7/31/96, representing 20% of the total of all of the UCP plaintiffs' fees and costs for that period. Signed by Judge Eugene H. Nickerson on 4/15/97. ** refer to document for complete details ** (Asreen, Wendy) (Entered: 04/17/1997)

April 17, 1997

April 17, 1997

22

STIPULATION AND ORDER that the City Defendants will pay the United Cerebral Palsy of New York, Inc., plaintiffs $32,800 in full satisfaction of their 80% share of the UCP plaintiffs' claims for attorneys fees and costs for the period from 8/1/96 through 12/31/96. ( signed by Judge Eugene H. Nickerson, dated 4/18/97 ) **See document for complete details. (Murphy, Margaret) (Entered: 04/24/1997)

April 24, 1997

April 24, 1997

23

STIPULATION AND ORDER that the payment of attorneys' fees by the state defendant to the attorneys for Jose P. plaintiffs shall be $5,750 for the period from 8/1/96 through 12/31/96 representing 20% of the total of all fees for that period. ( signed by Judge Eugene H. Nickerson, dated 6/17/97 ) (Murphy, Margaret) (Entered: 06/25/1997)

June 25, 1997

June 25, 1997

24

STIPULATION AND ORDER that the payment of attorneys' fees and costs by the State defendant to plaintiffs' Dyrcia S. attorneys shall be $8,750 for all of plaintiffs' claims for attorneys' fees and costs for that period from 8/1/96 through 12/31/96, representing 20% of the total of all of the Dyrcia S. plaintiffs' fees and costs for that period. The State defendant shall pay interest on the sum specified in paragraph 1 from 61st day after this stipulation is approved by the district court until the date the sums are paid. ( signed by Judge Eugene H. Nickerson, undated ) (Murphy, Margaret) (Entered: 06/25/1997)

June 25, 1997

June 25, 1997

25

STIPULATION AND ORDER that the payment of attorneys' fees and costs by the State Defendant to UCP Plaintiffs' attorneys, Michael A. Rebell Associates, shall be $8,206.00 for all of Plaintiffs' claims for attorneys' fees and costs for the period from 8/1/96 through 12/31/96 representing 20% of the total of all of the UCP Plaintiffs' fees and costs for that period. ( signed by Judge Eugene H. Nickerson, dated 6/17/97 ) (Murphy, Margaret) (Entered: 06/25/1997)

June 25, 1997

June 25, 1997

26

LETTER dated 7/13/97 from John C. Gray, counsel for Jose P. plaintiffs, to Judge Nickerson, advising the court of his change of address. (Murphy, Margaret) (Entered: 07/17/1997)

July 17, 1997

July 17, 1997

27

STIPULATION AND ORDER, the City defts will pay Dycria S. pltff's $35,000.00 in full satisfaction of 80% of pltff claims for attorneys fee from 1/1/97 until 6/30/97 . ( signed by Judge Eugene H. Nickerson dated 10/28/97 ) c/m from Chambers (Jean (Entered: 11/12/1997)

Nov. 12, 1997

Nov. 12, 1997

28

STIPULATION AND ORDER City deft will pay the Jose P. pltffs on their own behalf and on behalf fo the amicus, Advocates for Children, the sum of $27,500 in full satisfaction of their 80% share of the pltffs' claim for attorneys fee and costs for the period from 1/1/97 through 6/97. ( signed by Judge Eugene H. Nickerson dated 11/10/97) (Jean (Entered: 11/19/1997)

Nov. 19, 1997

Nov. 19, 1997

29

STIPULATION AND ORDER The payment of attorneys' fee and costs by the State deft to pltff's Dyrcia S. attorney, shall be $8,750 for all of pltffs' claims for attorneys' fee for the period from 1/1/98 through 1/30/98. ( signed by Senior Judge Eugene H. Nickerson, dated 3/6/98 ) (Jean (Entered: 03/13/1998)

March 13, 1998

March 13, 1998

30

STIPULATION and ORDER City deft will pay the Dyrcia S. pltff $37,400 in full satisfaction of their 80% share of the pltffs' claims for attorneys fee and costs for the period from July 1 through December 31, 1997. signed by Senior Judge Eugene H. Nickerson, dated 4/2/98 (Jean (Entered: 04/10/1998)

April 10, 1998

April 10, 1998

31

STIPULATION and ORDER City defts will pay the pltffs on their own behalf and on behalf of the amicus, the sum of $28,000 in full satisfaction of their 80% share of the pltff's claims for attorneys fees and costs for the period from 7/1 through 12/97. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 04/28/1998)

April 28, 1998

April 28, 1998

32

STIPULATION and ORDER City deft will pay the United Cerebral Palsy of New York $60,500 in full satisfaction of their 80% of the their claims for attorneys fees and costs for the period from 7/1/97 through 12/31/97. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 05/04/1998)

May 4, 1998

May 4, 1998

33

STIPULATION and ORDER The payment of attorneys' fee and costs by the State deft to pltffs' Dyrcia S. shall be $9,350 for all of pltffs' claims for attorneys' fee and costs from 7/1 through 12/31/97. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

34

STIPULATION and ORDER The payment of attorneys' fees and costs by the State Deft to UCP pltffs' shall by $15,125 for all of pltffs' claims for attorneys' fees and costs for the period from 7/1/97 through 12/31/97. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

35

STIPULATION and ORDER The payment of attorneys' fees by the State deft to the attorneys for pltff Jose P. shall be $7,000 for the period of 7/1/97 through 12/31/97. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

36

STIPULATION and ORDER City defts will pay the Dyrcia S. pltffs $35,361 in full satisfaction of the 80% share of the pltffs' claims for attorneys fees and costs for the period from 1/1/98 through 6/30/98. signed by Senior Judge Eugene H. Nickerson, dated 12/4/98) (Jean (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

37

STIPULATION and ORDER City defts will pay pltffs $24,500 in full satisfaction of their 80% share of the pltff's claims for attorneys fees and costs for the period from 1/1/98 to 6/30/98. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 01/19/1999)

Jan. 19, 1999

Jan. 19, 1999

38

STIPULATION and ORDER City defts will pay the UCP $75,000 in full satisfaction of claims for attorneys fees and costs for the period from 1/1/98 through 6/30/98. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

39

STIPULATION and ORDER The payment of attorneys' fees and costs by the state deft shall be $8,840 for all of pltffs' claims for attorneys' fees and costs for the period from 1/1/98 through 6/30/98. signed by Senior Judge Eugene H. Nickerson (Jean (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

40

STIPULATION and ORDER The payment of attorneys' fees by state deft to the attorneys for Jose P. shall be $6124 for the period from 1/1/98 through 6/30/98 signed by Senior Judge Eugene H. Nickerson, dated 3/24/99 (Jean (Entered: 03/26/1999)

March 26, 1999

March 26, 1999

41

STIPULATION and ORDER City defts will pay the United Cerebral Palsy of New York $75,020.05 in full satisfaction of their 80% share of the UCP pltffs' claims for attorneys fees and cost for the period from 7/1/98 through 12/31/98. ( signed/unsigned by Judge Eugene H. Nickerson, on 7/21/99) (Jean (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

42

STIPULATION and ORDER City deft will pay Dyrcia S. $34,000.83 in full satisfaction of the 80% share of the pltff's claims for attorney fees and costs for the period from 7/1 through 12/31/98. ( signed/unsigned by Judge Eugene H. Nickerson, on 7/19/99) (Jean (Entered: 08/16/1999)

Aug. 16, 1999

Aug. 16, 1999

43

STIPULATION and ORDER City defts will pay the Dyrcia S. Pltff $58,156.25 in full satisfaction of the 80% share of the pltff's claims fro attorneys fees and cost for the period from 1/1/99 through 6/30/99. ( signed/unsigned by Judge Eugene H. Nickerson, on 11/9/99) (Jean (Entered: 11/17/1999)

Nov. 17, 1999

Nov. 17, 1999

44

Calendar entry: Case called before Magistrate Caden for status conference. Parties have agreed to a motion schedule regarding letters sent to the magistrate judge. (Jean (Entered: 12/17/1999)

Dec. 14, 1999

Dec. 14, 1999

54

MOTION by Jose P. enjoining City defts from retaining special education students along with further reliefs, Motion hearing Motion file stamped: 3/15/00 and mailed/served: 12/30/99 (Jean (Entered: 03/15/2000)

Dec. 30, 1999

Dec. 30, 1999

45

DECLARATION OF LINDA WERNIKOFF Re: opposition to pltff's motion for further relief. (Jean (Entered: 01/20/2000)

Jan. 20, 2000

Jan. 20, 2000

46

MEMORANDUM by Board of Education in opposition to pltffs' motion for "Further Relief" (Jean (Entered: 01/20/2000)

Jan. 20, 2000

Jan. 20, 2000

47

AFFIDAVIT of Jill Chaifetz Re: support of motion for further relief (Jean (Entered: 01/28/2000)

Jan. 28, 2000

Jan. 28, 2000

48

MEMORANDUM of Law in support of pltffs' request for further relief (Jean (Entered: 02/17/2000)

Feb. 17, 2000

Feb. 17, 2000

50

Calendar entry: Case called before Judge Nickerson for motion hearing. Counsel for all sides present. ESR L. Vazquez; Motion argued; Decision reserved. (Jean (Entered: 02/25/2000)

Feb. 18, 2000

Feb. 18, 2000

49

TRANSCRIPT of Civil Cause for conference before Judge Nickerson filed for dates of 2/18/00; ESR: L. Vazquez, Court Transcriber: R. Lombardi (Jean (Entered: 02/23/2000)

Feb. 23, 2000

Feb. 23, 2000

51

SUR-REPLY OF LIND WERNIKOFF Re: opposition to motion for further relief (Jean (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

52

MEMORANDUM and ORDER Pltff's motion for further relief, argued before this court on 2/18/00, is hereby referred to Magistrate Caden for report and recommendation. ( signed by Judge Eugene H. Nickerson, on 3/1/00) (Jean (Entered: 03/10/2000)

March 10, 2000

March 10, 2000

53

REPLY MEMORANDUM OF LAW by Dyrcia S. in support of pltff's request for further relief (Jean (Entered: 03/14/2000)

March 14, 2000

March 14, 2000

55

Calendar entry: Case called before Magistrate Caden for a motion hearing. Motion argued; decision reserved. Next conference set for 4/10/00 @ 4:00pm. (Jean (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

56

Calendar entry: Case called before Magistrate Caden for hearing. Decision reserved. Counsel for all sides present. (Jean (Entered: 04/12/2000)

April 10, 2000

April 10, 2000

57

TRANSCRIPT of Civil Cause for Conference before Magistrate Caden filed for dates of 3/29/00. Court Transcriber: Typewrite Word Processing (Jean (Entered: 04/27/2000)

April 27, 2000

April 27, 2000

58

TRANSCRIPT of Civil Conference before Magistrate Caden filed for dates of 4/11/00 (Jean (Entered: 05/17/2000)

May 17, 2000

May 17, 2000

CASE NO LONGER REFERRED TO Magistrate John L. Caden (Chow, Alice)

June 13, 2000

June 13, 2000

CASE REFERRED to Magistrate Viktor V. Pohorelsky (Chow, Alice)

June 13, 2000

June 13, 2000

CASE NO LONGER REFERRED TO Magistrate Steven M. Gold (Chow, Alice)

June 20, 2000

June 20, 2000

CASE reassigned to Magistrate Steven M. Gold from Judge Eugene H. Nickerson. (Chow, Alice)

June 20, 2000

June 20, 2000

59

ORDER referring case to Magistrate Gold for all pre-trial purposes, including decision of plaintiffs' motion filed on 12/30/99 and argued 3/29/00.( signed by Judge Eugene H. Nickerson on 6/20/00) (Rodriguez,Angela) (Entered: 07/10/2000)

July 10, 2000

July 10, 2000

CASE REFERRED to Magistrate Steven M. Gold. See document number 59. Copy of document number 59 sent to Magistrate Gold and Pohorelsky. (Rodriguez,Angela)

July 10, 2000

July 10, 2000

60

Calendar entry: Case called before Magistrate Gold for telephone conference. Counsel for all sides present. Next conference set for 7/19/00 @ 11:00am. (Jean (Entered: 07/20/2000)

July 11, 2000

July 11, 2000

61

Calendar entry: Case called before Magistrate Gold for a status conference. Counsel for all sides present. (Jean (Entered: 07/26/2000)

July 19, 2000

July 19, 2000

62

Calendar entry: Settlement conference held before Magistrate Go on 7/26/00. Parties to report on status no later than 8/4/00. (Rodriguez,Angela) (Entered: 08/01/2000)

July 26, 2000

July 26, 2000

63

TRANSCRIPT of status conference before Magistrate Gold filed for dates of 7/19/00. Court Transcriber: Carla Nutter; TypeWrite Word Processing Service. (Rodriguez,Angela) (Entered: 08/03/2000)

Aug. 3, 2000

Aug. 3, 2000

64

Calendar entry: Telephone conference held before Magistrate Gold on 8/4/00. The parties have resolved the issue raised by their pending motion and will file a stipulation withdrawing the motion within thirty days. (Rodriguez,Angela) (Entered: 08/07/2000)

Aug. 4, 2000

Aug. 4, 2000

65

ORDER directing counsel to file a stipulation or written report explaining why there has been a delay in filing a stipulation withdrawing a motion (signed by Magistrate Steven M. Gold on October 19, 2000) (Mendelson, Sondra) (Entered: 10/19/2000)

Oct. 19, 2000

Oct. 19, 2000

66

STIPULATION and ORDER. This stipulation settles all of the claims raised by Plaintiffs in their December 30, 1999 Notice of Motion and the papers filed by Plaintiffs in support of the motion. This stipulation, however, shall not be made a part of the consent jugment in the case. (signed/unsigned by Magistrate Steven M. Gold, on 11/29/00) (Mendelson, Sondra) (Entered: 01/10/2001)

Jan. 10, 2001

Jan. 10, 2001

67

STIPULATION and ORDER (signed by Magistrate Eugene Nickerson, Magistrate Judge, on 01/25/01). City defendant will pay the Dyrcia S. plaintiffs $82,5000 in full satisfaction of their 80% share of the plaintiffs' claims for attorneys fees and costs for the period from July 1, 1999 through June 30, 2000. In consideration for the payment of this sum, the Dyrcia S. plaintiffs agree to release the city defendants, their representatives, successors and assigns from any and all liability, claims or rights of action for attorneys fees and costs for the period July 1, 1999 through June 30, 2000. (Mendelson, Sondra) (Entered: 02/12/2001)

Feb. 12, 2001

Feb. 12, 2001

68

NOTICE to counsel that Judge Nickerson directed Clerk of Court to close docket number 79 CV 560 and reassign it to docket number 96 CV 1834. All parties were notified of this change. (DiLorenzo, Krista) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

69

LETTER dated 5/30/01 from Daniel McCray to Judge Nickerson, informing the Court of the following briefing schedule: City dfts' opposition papers shall be served on pltfs' counsel by 9/20/01; any reply by pltfs. will be served on City dfts. by 10/20/01. (DiLorenzo, Krista) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

70

LETTER dated 5/29/01 from Kathleen E. Surgalla to Judge Nickerson, advising the Court that the State will not be submitting responsive papers or appearing on 6/1/01 unless the Court directs otherwise. (DiLorenzo, Krista) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

71

STIPULATION and ORDER, for attorney fees by the state dft to attorneys for pltfs in the amount of $19,724.60 for the period from 7/1/98 to 6/30/99 . (Signed by Judge Eugene H. Nickerson, on 6/28/01). c/m by chambers (Sica, Michele) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

72

ORDER scheduling a telephone conference before Magistrate Gold on 7/17/01 at 3:00. (signed by Magistrate Steven M. Gold on 7/13/01) (Rodriguez,Angela) (Entered: 07/16/2001)

July 16, 2001

July 16, 2001

73

STIPULATION and ORDER (signed by Magistrate Steven M. Gold on July 17, 2001). It is hereby stipulated and agreed by and between the undersigned attoneys as follows: The payment of attys fees and cost by the state def. to UCP plaintiff attys, shall be $40,857.31 (from July 1, 1998 through June 30, 1999) representing 20% of all UCP plaintiffs' fees and costs for that period. The state def. shall pay interest on the sum specified in paragraph 1 from the sixty-first (61st) day after this stipulation is approved by the district court until the date the sums are paid. Payment of the sum due under paragraph 1 is conditioned on the approvals required by Public Officers Law 17. Counsel for the state def. will make diligent efforts and expects no difficulty in obtaining such approvals, and counsel for plaintiffs agrees to cooperate as reasonably necessary to obtain such approvals. Should the state commissioner of ed be unable to obtain such approval by the comptroller and the attorney general, plaintiffs may litigate in full the amount of def. liability for atty's fees and costs for the period in question. Def. commissioner of ed continues to deny any and all liability arising out of any plaintiffs' allegations, and this stipulation is in no way to be be construed, nor is it implied to mean the def. admits any liability or has in any manner violated plaintiffs' rights at law nor neglected to perform any duty. Payments of the sums due under paragraph 1 satisfies all claims by attys for the plaintiffs against the state def. for attys fees and costs in action, whether or not previously interposed, for attys fees and costs from July 1, 1998 through June 30, 1999. SO ORDERED by Magistrate Gold on 07/17/01. (Mendelson, Sondra) (Entered: 07/18/2001)

July 18, 2001

July 18, 2001

74

STIPULATION and ORDER (signed District Court Judge Eugene Nickerson on 08/15/01). (Mendelson, Sondra) (Entered: 08/20/2001)

Aug. 20, 2001

Aug. 20, 2001

75

STIPULATION and ORDER re: plaintiff Dyrcia S.'s claims for attorneys fees and costs for the period between 7/1/00 and 6/30/01. (signed by Magistrate Steven M. Gold on 8/14/01) (Rodriguez,Angela) (Entered: 08/28/2001)

Aug. 23, 2001

Aug. 23, 2001

CASE NO LONGER REFERRED TO MAGISTRATE STEVEN M. GOLD ON 06/20/01. (Mendelson, Sondra)

Sept. 14, 2001

Sept. 14, 2001

76

STIPULATION: The UPC, Jose P. and Dyrcia S. plaintiffs withdraw without prejudice their motion fo A Judgment Non-compliance. Plaintiffs may renew the motion at any time. If renewed, defendants will have 90 days to answer. (unsigned by Judge Eugene H. Nickerson) (Rodriguez,Angela) (Entered: 10/01/2001)

Sept. 20, 2001

Sept. 20, 2001

CASE reassigned to Judge Eugene H. Nickerson. (The case was only referred to M.J. Gold on 6/20/00.) (Vaughn, Terry)

Sept. 20, 2001

Sept. 20, 2001

CASE REFERRED to Magistrate Steven M. Gold. (Vaughn, Terry)

Sept. 20, 2001

Sept. 20, 2001

77

STIPULATION and ORDER of settlement. City defendants will pay plaintiffs $112,809.30 in full satisfaction of their 80% share of the Jose P. plaintiffs claims for attorneys fees and costs for the period of 7/1/00 and 6/30/01. (signed by Magistrate Steven M. Gold (not dated)) (Rodriguez,Angela) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

78

INTER-OFFICE MEMO from Shirley Wilson, Case Manager to Angela Rodriguez, Docket Clerk dated 1/10/02 advising that this case is administratively closed (see docket entry of 9/24/01). (Rodriguez,Angela) (Entered: 01/14/2002)

Jan. 14, 2002

Jan. 14, 2002

Statistical Case Closing. (Rodriguez,Angela)

Jan. 14, 2002

Jan. 14, 2002

79

ORDER endorsed on letter dated 2/22/02 from Michael Rebell to Magistrate Gold. The Court will hold a pre-motion conference at 11:00 on 3/20/02. Plaintiff's counsel is directed to immediately notify all parties of this conference date and time. (signed by Magistrate Gold on 2/13/02) (Rodriguez,Angela) (Entered: 03/11/2002)

March 8, 2002

March 8, 2002

81

Calendar entry: Pre-motion conference held before Magistrate Gold on 3/20/02. Efforts to resolve issues raised in plaintiff's pre-motion letter are continuing. City and State to submit written progress report by 3/22/02. All parties to meet and continue negotiations at courthouse on 3/27/02 at 9:00. (Rodriguez,Angela) (Entered: 04/12/2002)

March 20, 2002

March 20, 2002

80

Calendar entry: Case called before Magistrate Gold on 3/27/02 for settlement conference. City and State to submit response to Court's proposal by 4/5/02. If plaintiff is not satisfied with state of progress, briefing schedule will be set at next conference which is scheduled for 4/11/02 at 2:00. (Rodriguez,Angela) (Entered: 04/09/2002)

March 27, 2002

March 27, 2002

82

Calendar entry: Case called before Magistrate Gold on 4/11/02. Settlement discussions are continuing. Next conference is scheduled for 4/19/02 at 4:00. (Rodriguez,Angela) (Entered: 04/15/2002)

April 11, 2002

April 11, 2002

83

Calendar entry: Before M.J. Gold on 4/19/02 for status conference. Counsel for all parties present. Settlement discussions continue. Parties to submit stipulation on written status report by 5/15/02. (fe) (Entered: 05/01/2002)

April 19, 2002

April 19, 2002

84

ORDER endorsed on letter dated 6/5/02 from Michael Rebell to Magistrate Gold. The court will hold a telephone conference at 12:30 p.m. on 6/18/02. Plaintiff's counsel is directed to immediately notify defendnat's counsel of this confrence date and time and also arrange the call. (signed by Magistrate Steven M. Gold on 6/11/02) (Black, Amanda) (Entered: 06/12/2002)

June 6, 2002

June 6, 2002

85

ORDER, Granting that the conference set for 6/25 is cancelled. A consent form is being forwarded with this order. Counsel shall amend the consent form, if they choose to do so, to reflect that their consent is limited to resolving a particular motion. See letter dated June 21, 2002 to Hon. Steven M. Gold from Michael A. Rebell. ( signed by Magistrate Steven M. Gold, on 06/24/02) (Lee, Stephen) (Entered: 06/26/2002)

June 26, 2002

June 26, 2002

86

STIPULATION and ORDER regarding payment of attorneys' fees and costs by State defendants. (signed by Magistrate Steven M. Gold on 9/5/02) (Rodriguez,Angela) (Entered: 09/06/2002)

Sept. 4, 2002

Sept. 4, 2002

87

STIPULATION and ORDER that the payment of attorneys' fees and costs by the State Defendants to the attorneys for the Jose P. plaintiffs (including John C. Gary and counsel to him, Advocates for Children of New York, Inc.) shall be $53,259.32 for the period from 7/1/99 through 6/30/01, representing 20% of the total of all of the Jose P. plaintiffs' fees and costs for that period. See Order for further details. (signed by Magistrate Steven M. Gold, on 9/11/02) (Black, Amanda) (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

88

STIPULATION and ORDER that the payment of attorneys' fees and costs by the State Defendants to UCP Plaintiffs' attorney, Michael A. Rebell Associates shall be $62,114.11 for the period from 7/1/99 through 6/20/01, representing 20% of the total of all of the UCP plaintiffs' fees and costs for that period. See Order for further details. (signed by Magistrate Steven M. Gold, on 9/11/02) (Black, Amanda) Modified on 09/13/2002 (Entered: 09/13/2002)

Sept. 13, 2002

Sept. 13, 2002

89

STIPULATION and ORDER re: attorney's fees and costs. (signed by Magistrate Steven M. Gold on 9/25/02) (Rodriguez,Angela) (Entered: 10/03/2002)

Sept. 24, 2002

Sept. 24, 2002

Case Details

State / Territory:

New York

Case Type(s):

Disability Rights

Child Welfare

Key Dates

Filing Date: Feb. 1, 1978

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

A class of handicapped children seeking public education.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Education, State

Case Details

Causes of Action:

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

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

Other Dockets:

Eastern District of New York 1:96-cv-01834

Eastern District of New York 1:79-cv-00270

U.S. Court of Appeals for the Second Circuit 80-7053

Available Documents:

Any published opinion

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Monitoring

Issues

Disability and Disability Rights:

Disability, unspecified

Intellectual/developmental disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)