Case: M.G. v. The New York City Department of Education

1:17-cv-05692 | U.S. District Court for the Southern District of New York

Filed Date: July 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the education rights of disabled students in the Bronx and the related services due to them under their Individualized Educational Programs (IEPs). On July 27, 2017, a group of minors from the Bronx along with Bronx Independent Living Services, a nonprofit organization, filed a suit against New York City and the New York Department of Education in the Southern District of New York. Under the Individuals with Disabilities Education Act (IDEA), the city has a legal obligation t…

This case concerns the education rights of disabled students in the Bronx and the related services due to them under their Individualized Educational Programs (IEPs). On July 27, 2017, a group of minors from the Bronx along with Bronx Independent Living Services, a nonprofit organization, filed a suit against New York City and the New York Department of Education in the Southern District of New York. Under the Individuals with Disabilities Education Act (IDEA), the city has a legal obligation to provide a number of ‘related services’ to students with disabilities in accordance with the IEPs; these services can include speech therapy, occupational therapy, tutoring and more. The NY Department of Education (DOE) had a policy under which they granted students with disabilities vouchers that could be redeemed for these services with service providers across the city. In their complaints, plaintiffs alleged that the way the voucher system was set up meant that the vast majority of these vouchers were never redeemed, and as such that a vast proportion of students with disabilities were not receiving the related services that they were entitled to. Plaintiffs posited that the voucher program represented a breach of defendants’ obligations under IDEA, section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law (NYCHRL). 

On July 28, 2017, the case was assigned to Magistrate Judge Kevin Nathaniel Fox and Judge Paul G. Gardephe.

Over the next four years, the parties engaged in settlement negotiations. On February 3rd, 2021, after a long period of negotiations, the plaintiffs made a motion for class certification and approval of the negotiated settlement. The proposed settlement agreement (PSA) included a number of policy changes by defendants, including allocating a budget for hiring full time occupational, speech, and physical therapists, evaluating procedures for make-up providers, increasing the number of OT supervisors in the Bronx, appointing RSA liaisons to support parents in finding related services providers, and more. Finally, the PSA included a three year court monitoring period.

On March 8, 2021, Judge Gardephe approved the preliminary settlement as well as a settlement class comprised of: "All students with individualized education programs (“IEPs”) (a) who, during the period from July 27, 2015, to the last day of the Court’s jurisdiction to enforce this Agreement, attend, have attended, or will attend public schools operated by the DOE and located in the Bronx; (b) whose IEPs include recommendations for one or more related services, as defined in this Agreement, or did recommend such services during the period between July 27, 2015, and the Ending Date; and (c) who are eligible to receive related services under the Individuals with Disabilities Education Act. Students with IEPs who attended a DOE public school located in the Bronx between July 27, 2015, and March 13, 2020, but as of the date of this Agreement do not attend a DOE public school located in the Bronx, must have had an RSA issued on or after July 27, 2015, while they attended a DOE school in the Bronx, but did not receive their related services pursuant to such RSA during the period between July 27, 2015, and March 13, 2020."

On June 22, 2021, Judge Gardephe approved the substance of the preliminary settlement as the final settlement order, noting that it was fair and negotiated at arm's length. As stipulated in the settlement, the court maintains jurisdiction over the case for three years to monitor implementation of the settlement.

On January 24, 2022, as part of settlement negotiations, defendant agreed to pay plaintiff's legal representation, Disability Rights Advocates, $458,260.59. This was in lieu of attorneys' fees, and plaintiffs' request for attorney's fees was duly withdrawn as part of this settlement.

As of September 19, 2024, the case is ongoing with periodic monitoring as stipulated by the Final Settlement Agreement.

Summary Authors

Carlos Hurtado-Esteve (9/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6713706/parties/mg-v-the-new-york-city-department-of-education/


Judge(s)

Gardephe, Paul G. (New York)

Attorney for Plaintiff

Caiola, Michelle Anne (New York)

Castle, Brittany (New York)

Goodell, Maia Beth (New York)

Attorney for Defendant

Birnbaum, Janice Louise (New York)

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Documents in the Clearinghouse

Document
1

1:17-cv-05692

Complaint

July 27, 2017

July 27, 2017

Complaint
98

1:17-cv-05692

Plaintiffs’ Memorandum of Law in Support of Their Unopposed Motion for Class Certification and Preliminary Approval of Settlement

Feb. 3, 2021

Feb. 3, 2021

Pleading / Motion / Brief
105

1:17-cv-05692

Order Granting Preliminary Approval of Class Settlement, Certifying Settlement Class, Approving Notice, and Setting Dates for Final Approval

March 8, 2021

March 8, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6713706/mg-v-the-new-york-city-department-of-education/

Last updated Aug. 10, 2025, 2:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Carmen Faria, The City Of New York,, The New York City Department of Education. (Filing Fee $ 400.00, Receipt Number 0208-13946749)Document filed by M. G., Bronx Independent Living Services, G. J..(Caiola, Michelle) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

Clearinghouse
2

FILING ERROR - DEFICIENT CIVIL COVER SHEET - NATURE OF SUIT ERROR CIVIL COVER SHEET filed. (Caiola, Michelle) Modified on 7/28/2017 (kl). (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bronx Independent Living Services, M. G., G. J..(Caiola, Michelle) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
4

FILING ERROR - DEFICIENT SUMMONS REQUESTED - PARTIALLY BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to The New York City Department of Education, re: 1 Complaint. Document filed by Bronx Independent Living Services, M. G., G. J.. (Caiola, Michelle) Modified on 7/28/2017 (kl). (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
5

FILING ERROR - DEFICIENT SUMMONS REQUESTED - PARTIALLY BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint. Document filed by Bronx Independent Living Services, M. G., G. J.. (Caiola, Michelle) Modified on 7/28/2017 (kl). (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
6

FILING ERROR - DEFICIENT SUMMONS REQUESTED - PARTIALLY BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Carmen Faria, re: 1 Complaint. Document filed by Bronx Independent Living Services, M. G., G. J.. (Caiola, Michelle) Modified on 7/28/2017 (kl). (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
7

NOTICE OF APPEARANCE by Rebecca Catherine Serbin on behalf of Bronx Independent Living Services, M. G., G. J.. (Serbin, Rebecca) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
8

NOTICE OF APPEARANCE by Seth Emmanuel Packrone on behalf of Bronx Independent Living Services, M. G., G. J.. (Packrone, Seth) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michelle Anne Caiola. The party information for the following party/parties has been modified: Chancellor Carmen Faria, Bronx Independent Living Services, G. J., M. G. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (kl)

July 28, 2017

July 28, 2017

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

July 28, 2017

July 28, 2017

PACER

Case Opening Initial Assignment Notice

July 28, 2017

July 28, 2017

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

July 28, 2017

July 28, 2017

PACER

Notice to Attorney Regarding Party Modification

July 28, 2017

July 28, 2017

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michelle Anne Caiola to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): THERE WERE MULTIPLE NATURE OF SUITS SELECTED. PLEASE SELECT THE NATURE OF SUIT USED TO CREATE THE ACTION ON ECF. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet. (kl)

July 28, 2017

July 28, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)

July 28, 2017

July 28, 2017

PACER

Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)

July 28, 2017

July 28, 2017

PACER

Case Designated ECF. (kl)

July 28, 2017

July 28, 2017

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michelle Anne Caiola to RE-FILE Document No. 5 Request for Issuance of Summons, 4 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE FILL OUT THE ATTORNEY ADDRESS/INFORMATION FIELD ON THE SUMMONS REQUEST. ALSO, PLEASE MAKE SURE ALL PARTIES ARE EXACTLY AS THEY APPEAR ON THE INITIAL PLEADING (NO ABBREVIATIONS, NO TYPOS) BOTH ON THE FORM AND DOCKET TEXT/ENTRY. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl)

July 28, 2017

July 28, 2017

PACER
9

CIVIL COVER SHEET filed. (Caiola, Michelle) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to The New York City Department of Education, re: 1 Complaint. Document filed by Bronx Independent Living Services, M. G., G. J.. (Caiola, Michelle) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint. Document filed by Bronx Independent Living Services, M. G., G. J.. (Caiola, Michelle) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
12

REQUEST FOR ISSUANCE OF SUMMONS as to Carmen Faria, Chancellor, re: 1 Complaint. Document filed by Bronx Independent Living Services, M. G., G. J.. (Caiola, Michelle) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
13

ELECTRONIC SUMMONS ISSUED as to The New York City Department of Education. (kl) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
14

ELECTRONIC SUMMONS ISSUED as to The City Of New York. (kl) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
15

ELECTRONIC SUMMONS ISSUED as to Carmen Farina. (kl) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
16

NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 11/9/2017 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 8/8/2017) (cf) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
17

AFFIDAVIT OF SERVICE. The New York City Department of Education served on 8/4/2017, answer due 8/25/2017. Service was accepted by BETTY MAZYCK, LEGAL CLERK. Document filed by M. G.; Bronx Independent Living Services; G. J.. (Caiola, Michelle) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
18

AFFIDAVIT OF SERVICE. The City Of New York, served on 8/4/2017, answer due 8/25/2017. Service was accepted by BETTY MAZYCK, LEGAL CLERK. Document filed by M. G.; Bronx Independent Living Services; G. J.. (Caiola, Michelle) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
19

AFFIDAVIT OF SERVICE. Carmen Farina served on 8/4/2017, answer due 8/25/2017. Service was accepted by BETTY MAZYCK, LEGAL CLERK. Document filed by M. G.; Bronx Independent Living Services; G. J.. (Caiola, Michelle) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
20

FIRST LETTER MOTION for Extension of Time to respond to complaint addressed to Judge Paul G. Gardephe from Janice Birnbaum dated August 23, 2017. Document filed by Carmen Farina, The City Of New York,, The New York City Department of Education. (Attachments: # 1 Exhibit Stipulation of Adjournment)(Birnbaum, Janice) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
21

STIPULATION OF ADJOURNMENT, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned as follows: Defendants' time to respond to the complaint in this action is extended for 40 days from August 25, 2017 to October 4, 2017. If defendants decide to move to dismiss the complaint, defendants will efile their pre-motion letter on or before October 4, 2017. Any response or opposition by plaintiffs to defendants' pre-motion letter shall be efiled on or before October 13, 2107. So Ordered. Motions terminated: 20 FIRST LETTER MOTION for Extension of Time to respond to complaint addressed to Judge Paul G. Gardephe from Janice Birnbaum dated August 23, 2017. filed by The New York City Department of Education, The City Of New York, Carmen Farina., (Carmen Farina answer due 10/4/2017; The City Of New York, answer due 10/4/2017; The New York City Department of Education answer due 10/4/2017.) (Signed by Judge Paul G. Gardephe on 8/24/17) (yv) (Entered: 08/25/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
22

Notice of Appearance

Aug. 25, 2017

Aug. 25, 2017

PACER
23

NOTICE OF APPEARANCE by Maia Beth Goodell on behalf of Bronx Independent Living Services, M. G., G. J.. (Goodell, Maia) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER

***DELETED DOCUMENT. Deleted document number 22 Notice of Appearance. The document was incorrectly filed in this case. (db)

Aug. 25, 2017

Aug. 25, 2017

PACER

Notice Regarding Deleted Document

Aug. 28, 2017

Aug. 28, 2017

PACER
24

MOTION to Appoint Guardian ad Litem . Document filed by M. G..(Packrone, Seth) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER

Sealed Document

Sept. 7, 2017

Sept. 7, 2017

PACER
25

MOTION to Appoint Guardian ad Litem . Document filed by G. J..(Packrone, Seth) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
26

SEALED DOCUMENT placed in vault.(rz) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
27

EX PARTE APPLICATION FOR APPONTMENT OF GUARDIAN AD LITEM; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF SUPPORT THEREOF granting 24 Motion to Appoint. Plaintiff M.G. hereby petitions the Court for an appointment of a guardian ad litem so that he may pursue the above-captioned lawsuit. Plaintiff requests that his mother, R.G., be appointed as his guardian ad litem pursuant to F.R.C.P. 17(c); and as further set forth herein. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/13/2017) (anc) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
28

EX PARTE APPLICATION FOR APPONTMENT OF GUARDIAN AD LITEM; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF SUPPORT THEREOF granting 25 Motion to Appoint ad Litem. Plaintiff G.J. hereby petitions the Court for an appointment of a guardian ad litem so that he may pursue the above-captioned lawsuit. Plaintiff requests that his mother, C.J., be appointed as his guardian ad litem pursuant to F.R.C.P. 17(c). This application is based on the attached memorandum and points of authorities, supporting declaration, and the complaint in this matter. The Application is granted. (Signed by Judge Paul G. Gardephe on 9/13/2017) (cf) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
29

FIRST LETTER addressed to Judge Paul G. Gardephe from Janice Birnbaum dated October 4, 2017 re: Pre-Motion Letter for Defendants' Motion to Dismiss. Document filed by Carmen Farina, The City Of New York,, The New York City Department of Education.(Birnbaum, Janice) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
30

LETTER addressed to Judge Paul G. Gardephe from Michelle Caiola dated October 13, 2017 re: Defendants pre-motion letter dated October 4, 2017 concerning contemplated motion to dismiss. Document filed by Bronx Independent Living Services, M. G., G. J..(Caiola, Michelle) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
31

ORDER: It is hereby ORDERED that the conference in this action previously scheduled for November 9, 2017 is adjourned to November 21, 2017 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Initial Conference set for 11/21/2017 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/31/2017) (mro) (Entered: 11/01/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
32

JOINT LETTER addressed to Judge Paul G. Gardephe from Michelle Caiola and Janice Birnbaum dated November 15, 2017 re: Parties' Joint Letter and Defendants' Letter Motion for a Stay. Document filed by Bronx Independent Living Services, M. G., G. J.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Caiola, Michelle) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER

Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 11/21/2017, ( Status Conference set for 12/20/2017 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Andrew Walker) (mr)

Nov. 21, 2017

Nov. 21, 2017

PACER
33

ORDER: It is hereby ORDERED that the conference in this action previously scheduled for December 20, 2017 is adjourned to January 4, 2018 at 10:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 1/4/2018 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/14/2017) (cf) Modified on 2/1/2018. (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
34

JOINT LETTER MOTION for Extension of Time to File Status Report addressed to Judge Paul G. Gardephe from Janice Birnbaum and Seth Packrone dated December 14, 2017. Document filed by Carmen Farina, The City Of New York,, The New York City Department of Education.(Birnbaum, Janice) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
35

ORDER granting 34 Letter Motion for Extension of Time to File. The Application is granted. (Signed by Judge Paul G. Gardephe on 12/18/2017) (cf) (Entered: 12/19/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
36

JOINT LETTER addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated December 20, 2017 re: Update to the Court. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
37

ORDER: It is hereby ORDERED that the conference in this action previously scheduled for January 4, 2018 is adjourned to January 18, 2018 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 1/18/2018 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/4/2018) (cf) (Entered: 01/05/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER

Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 1/18/2018. (Court Reporter Sonya Huggins) (mr)

Jan. 18, 2018

Jan. 18, 2018

PACER
38

ORDER: It is hereby ORDERED that a telephone conference will take place on Thursday, January 25, 2018 at 5:15 p.m. Once both sides are on the line, counsel should contact Chambers at 212-805-0224. SO ORDERED., ( Telephone Conference set for 1/25/2018 at 05:15 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/18/2018) (ama) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
39

LETTER addressed to Judge Paul G. Gardephe from Seth Packrone dated January 24, 2018 re: Court Conference. Document filed by Bronx Independent Living Services, M. G., G. J.. (Attachments: # 1 Exhibit A)(Packrone, Seth) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
40

ORDER: It is hereby ORDERED that the telephone conference in this action previously scheduled for January 25, 2018 is adjourned to February 1, 2018 at 5:00 p.m. Once both sides are on the line, counsel should contact Chambers at 212-805-0224. (Telephone Conference set for 2/1/2018 at 05:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/25/2018) (cf) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
41

LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Janice Birnbaum dated January 26, 2018. Document filed by Carmen Farina, The City Of New York,, The New York City Department of Education.(Birnbaum, Janice) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
42

JOINT LETTER addressed to Judge Paul G. Gardephe from Seth Packrone dated February 8, 2018 re: Update and Application for Stay. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
43

MEMO ENDORSEMENT on re: 42 Letter filed by G. J., M. G., Bronx Independent Living Services. ENDORSEMENT: The Application is granted. The next status conference in this matter will take place on May 10, 2018 at 12:30 P.M. (Status Conference set for 5/10/2018 at 12:30 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 2/12/2018) (cf) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
44

NOTICE OF CHANGE OF ADDRESS by Maia Beth Goodell on behalf of All Plaintiffs. New Address: Disability Rights Advocates, 655 Third Avenue, 14th Floor, New York, New York, USA 10017, 2126448644. (Goodell, Maia) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
45

NOTICE OF CHANGE OF ADDRESS by Rebecca Catherine Serbin on behalf of All Plaintiffs. New Address: Disability Rights Advocates, 655 Third Avenue, 14th Floor, New York, New York, USA 10017, 2126448644. (Serbin, Rebecca) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
46

NOTICE OF CHANGE OF ADDRESS by Seth Emmanuel Packrone on behalf of All Plaintiffs. New Address: Disability Rights Advocates, 655 Third Avenue, 14th Floor, New York, New York, USA 10017, 2126448644. (Packrone, Seth) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
47

NOTICE OF CHANGE OF ADDRESS by Michelle Anne Caiola on behalf of All Plaintiffs. New Address: Disability Rights Advocates, 655 Third Avenue, 14th Floor, New York, New York, USA 10017, 2126448644. (Caiola, Michelle) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER

Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 5/10/2018. (Court Reporter Carol Ganley) (mr)

May 10, 2018

May 10, 2018

PACER
48

ORDER: Telephone Conference set for 6/5/2018 at 05:00 PM before Judge Paul G. Gardephe. Once both sides are on the line, counsel should contact Chambers at 212-805-0224. (Signed by Judge Paul G. Gardephe on 5/15/2018) (ne) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
49

JOINT LETTER addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated June 4, 2018 re: Status of Settlement Negotiations. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
50

MEMO ENDORSEMENT on re: 49 Letter filed by G. J., M. G., Bronx Independent Living Services. ENDORSEMENT: The conference is adjourned to August 23, 2018 at 10:00 A.M. (Telephone Conference set for 8/23/2018 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/4/2018) (ras) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
51

JOINT LETTER addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated June 8, 2018 re: Request to Reschedule Telephone Conference Scheduled for August 23, 2018. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
52

MEMO ENDORSEMENT on re: 51 Letter, filed by G. J., M. G., Bronx Independent Living Services. ENDORSEMENT: The telephone conference is adjourned to August 29, 201 at 10:00 A.M. (Telephone Conference set for 8/29/2018 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/13/2018) (cf) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
53

ORDER: It is hereby ORDERED that a telephone conference will take place in this action on October 23, 2018 at 5:00 p.m. Once both sides are on the line, counsel should contact Chambers at 212-805-0224. The parties are directed to submit a joint letter regarding the status of settlement negotiations on October 19, 2018. ( Telephone Conference set for 10/23/2018 at 05:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/31/2018) (mro) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
54

JOINT LETTER addressed to Judge Paul G. Gardephe from Janice Birnbaum and Seth Packrone dated September 4, 2018 re: Joint Request to Extend Litigation Stay. Document filed by Carmen Farina, The City Of New York,, The New York City Department of Education.(Birnbaum, Janice) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
55

MEMO ENDORSEMENT on re: 54 Letter, filed by The New York City Department of Education, The City Of New York, Carmen Farina. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/6/2018) (ne) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
56

JOINT LETTER addressed to Judge Paul G. Gardephe from Seth Packrone dated 10/19/2018 re: Status of Settlement Negotiations. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
57

ORDER: It is hereby ORDERED that the conference in this action previously scheduled for October 23, 2018 is adjourned to Thursday, November 15, 2018 at 10:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. So Ordered ( Telephone Conference set for 11/15/2018 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/23/2018) (js) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
58

JOINT LETTER MOTION to Stay addressed to Judge Paul G. Gardephe from Seth Packrone dated 10/24/18. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
59

ORDER granting 58 Letter Motion to Stay. The Application is granted. SO ORDERED. The parties will submit a fourth status letter on or before November 30, 2018. (Signed by Judge Paul G. Gardephe on 10/31/2018) (ne) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER

Minute Entry for proceedings held before Judge Paul G. Gardephe: Interim Pretrial Conference held on 11/15/2018. (Court Reporter Eve Giniger) (mr)

Nov. 15, 2018

Nov. 15, 2018

PACER
60

ORDER: It is hereby ORDERED that the stay of litigation, which currently expires on November 30, 2018, is extended to January 31, 2019. It is further ORDERED that the parties submit a joint report to the Court by January 31, 2019, updating the Court about the recommendations their joint expert has proposed and the status of the parties' settlement negotiations. (Signed by Judge Paul G. Gardephe on 11/15/2018) (cf) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
61

JOINT LETTER MOTION to Stay addressed to Judge Paul G. Gardephe from Seth Packrone dated 1/30/19. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
62

JOINT LETTER MOTION to Stay and Update Court on Settlement Negotiations addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated May 15, 2019. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
63

ORDER granting 62 JOINT LETTER MOTION to Stay and Update Court on Settlement Negotiations. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/15/2019) (jca) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
64

JOINT LETTER addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated August 13, 2019 re: Extension of Litigation Stay. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
65

JOINT LETTER MOTION to Stay and Update to the Court about Settlement Negotiations addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated November 26, 2019. Document filed by Bronx Independent Living Services, M. G., G. J..(Packrone, Seth) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
66

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bronx Independent Living Services, M. G., G. J.. (Caiola, Michelle) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
67

ORDER granting 65 Letter Motion to Stay addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated November 26, 2019 and 64 Letter. It is hereby ORDERED that a conference in this action will take place on December 19, 2019 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties motion to extend the litigation stay until February 24, 2020 is granted. (Dkt. No. 65) The Clerk of Court is directed to terminate the motions to extend the litigation stay (Dkt. Nos. 64 and 65). (Signed by Judge Paul G. Gardephe on 12/3/2019) (va) Modified on 12/4/2019 (va). (Entered: 12/04/2019)

Dec. 3, 2019

Dec. 3, 2019

RECAP

Set/Reset Hearings: Status Conference set for 12/19/2019 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (va)

Dec. 3, 2019

Dec. 3, 2019

PACER
68

MOTION AND ORDER FOR WITHDRAWAL OF ATTORNEY: Plaintiffs ask that the Court grant the withdrawal of Maia Goodell as counsel forPlaintiffs. Withdrawal of Ms. Goodell is sought because she is no longer an attorney employed by Disability Rights Advocates. Ms. Goodell's withdrawal will not prejudice any litigants in this case, harm the administration of justice, or delay resolution of this case, as all other counsel for Plaintiffs (as further set forth in this Order.) Attorney Maia Beth Goodell terminated. (Signed by Judge Paul G. Gardephe on 12/3/2019) (cf) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

RECAP
69

LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Janice Birnbaum dated December 10, 2019. Document filed by Carmen Farina, The City Of New York,, The New York City Department of Education. Return Date set for 12/19/2019 at 10:00 AM.(Birnbaum, Janice) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER
70

LETTER addressed to Judge Paul G. Gardephe from Janice Birnbaum dated December 16, 2019 re: Adjournment of December 19th conference. Document filed by Carmen Farina, The City Of New York,, The New York City Department of Education.(Birnbaum, Janice) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
71

ORDER granting 69 Letter Motion to Adjourn Conference: The conference will take place on January 13, 2020 at 10:00 A.M. (Status Conference set for 1/13/2020 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/17/2019) (jwh) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

RECAP

Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 1/13/2020, ( Status Conference set for 3/5/2020 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Kristen Carannante) (mr)

Jan. 13, 2020

Jan. 13, 2020

PACER
72

ORDER: It is hereby ORDERED that a status conference will take place in this action on March 5, 2020 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 3/5/2020 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/13/2020) (rro) Modified on 1/16/2020 (rro). (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
73

MOTION for Seth Packrone to Withdraw as Attorney for Plaintiffs. Document filed by Bronx Independent Living Services, M. G., G. J...(Packrone, Seth) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
74

MEMO ENDORSEMENT granting 73 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney Seth Emmanuel Packrone terminated.) (Signed by Judge Paul G. Gardephe on 2/28/2020) (rro) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER

Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 3/5/2020. (Court Reporter Andrew Walker) (mr)

March 5, 2020

March 5, 2020

PACER
75

ORDER: It is hereby ORDERED that a conference will take place in this action on April 3, 2020 at 11 :00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. It is further ORDERED that the stay in this case is extended through April 6, 2020. SO ORDERED. (Status Conference set for 4/3/2020 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/10/2020) (jca) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

RECAP
76

ORDER: It is hereby ORDERED that the conference scheduled for April 3, 2020 is adjourned to May 21, 2020 at 10:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties shall submit a status letter regarding the stay in this case by April 3, 2020. SO ORDERED. (Status Conference set for 5/21/2020 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/24/2020) (jca) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

RECAP
77

LETTER addressed to Judge Paul G. Gardephe from Both Parties dated April 3, 2020 re: Status of the Parties' Settlement Negotiations. Document filed by Bronx Independent Living Services, M. G., G. J...(Serbin, Rebecca) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
78

MEMO ENDORSEMENT on re: 77 Letter filed by G. J., M. G., Bronx Independent Living Services. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/28/2020) (jca) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
79

ORDER: It is hereby ORDERED that the conference scheduled for May 21, 2020 is adjourned to June 25, 2020 at 10:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties shall submit a status letter regarding the stay in this case by May 19, 2020. SO ORDERED. (Status Conference set for 6/25/2020 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 4/28/2020) (jca) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
80

LETTER addressed to Judge Paul G. Gardephe from Both Parties dated 5/19/2020 re: Stay in Case and Status of the Parties Settlement Negotiations. Document filed by Bronx Independent Living Services, M. G., G. J...(Serbin, Rebecca) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: July 27, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of Bronx public school students with disabilities as well as the nonprofit group Bronx Independent Living Services.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Department of Education (New York City, New York), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Goals (e.g., for hiring, admissions)

Amount Defendant Pays: $462,260

Issues

General/Misc.:

Access to public accommodations - governmental

Disability and Disability Rights:

Depression

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Learning disability

Mental Illness, Unspecified

Mental impairment

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)