Gulino, et al v. Board of Education, et al
Plaintiff: Elsa Gulino, Mayling Ralph and Peter Wilds
Defendant: Board of Education of the New York City School District of the City of New York
Cross_claimant: Board of Education of the New York City School District of the City of New York
Movant: New York State Board of Regents, Richard Mills and New York State Education Department
Case Number: 1:1996cv08414
Filed: September 17, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Kimba M. Wood
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 2000 e Job Discrimination (Employment)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 1, 2022 Opinion or Order Filing 9981 CLERK'S JUDGMENT FOR ATTORNEY'S FEES AND COSTS in favor of Plaintiffs in the amount of $2,373,457.80. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 31, 2022, Special Mast er John S. Siffert issued his Interim Report and Recommendation recommending that the Court grant in part Plaintiffs' twenty-fifth, twenty- sixth, and twenty-seventh motions for interim awards of attorneys' fees and costs (the "Repo rt"). (ECF No. 9977.) The Report recommends an interim award of Plaintiffs' attorneys' fees and costs associated with work on this case by Stroock & Stroock & Lavan LLP from October 1, 2021 to December 31, 2021, in the total amount of $2,373,457.80. The Report reviews the complex issues addressed by counsel during the above-mentioned time period and the reasonableness of the billing rates for various attorneys and experts. These rates include a discounted rate of $ 475 per hour for Plaintiffs' new expert, Dr. Amy Hsin. The Special Master also undertook a meticulous review of attorneys' and experts' time. The Court notes that the parties have represented to the Special Master that they do not i ntend to file objections to the Report. The Report also states that Plaintiffs have not waived their claim to entitlement to the compensation they originally requested for this period. The Court has adopted all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court has awarded Plaintiffs a total of $2,373,457.80 in interim attorneys' fees and costs. The award shall be paid no later than June 30, 2022. (Signed by Clerk of Court Ruby Krajick on 6/1/2022) (Attachments: # 1 Right to Appeal) (km)
May 31, 2022 Opinion or Order Filing 9979 ORDER: On May 13, 2022, Special Master John S. Siffert issued his Interim Report and Recommendation recommending that the Court grant in part Plaintiffs' twenty-fifth, twenty- sixth, and twenty-seventh motions for interim awards of attorneys 9; fees and costs (the "Report"). (ECF No. 9977.) The Report recommends an interim award of Plaintiffs' attorneys' fees and costs associated with work on this case by Stroock & Stroock & Lavan LLP from October 1, 2021 to December 31, 2021, in the total amount of $2,373,457.80. The Report reviews the complex issues addressed by counsel during the above-mentioned time period and the reasonableness of the billing rates for various attorneys and experts. These rates include a discounted rate of $475 per hour for Plaintiffs' new expert, Dr. Amy Hsin. The Special Master also undertook a meticulous review of attorneys' and experts' time. The Court notes that the parties have represented to the Special Master that they do not intend to file objections to the Report. The Report also states that Plaintiffs have not waived their claim to entitlement to the compensation they originally requested for this period. The Court hereby adopts all of the findi ngs and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $2,373,457.80 in interim attorneys' fees and costs. The award shall be paid no later than June 30, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/31/2022) (ama) Transmission to Orders and Judgments Clerk for processing.
May 2, 2022 Opinion or Order Filing 9970 ORDER: On March 14, 2022, Special Master John S. Siffert issued his Interim Report and Recommendation (the "Report") recommending that the Court grant Plaintiffs' motion seeking interim attorneys' fees for the work of prior counse l Joel M. Hellman between 2002 and 2008 and James G. Bradtke and Jennifer Soule between 2002 and 2006. (ECF No. 9886.) The Report recommends an interim award of Plaintiffs' interim attorneys' fees in the amounts of $349,537.50 for th e work of Mr. Hellman and $180,082.50 for the work of Mr. Bradtke and Ms. Soule, for a total of $529,620.00. The Report reviews the complex issues addressed by these attorneys during the above-mentioned time periods and the reasonable hour ly rate to apply for the attorneys. The Special Master also undertook a meticulous review of the attorneys' time. The Court notes that Defendant has permitted the Special Master to state that, in light ofthe Court's prior rulings, Defendan t lacks a basis to object and will not submit any objections to the Report. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rate recommended by the Special Master. The Court awards Plaintiffs a tot al of $529,620.00 in interim attorneys' fees. These fees shall be made payable to the Law Offices of Joel M. Hellman in the amount of $349,537.50 and to Soule, Bradtke & Lambert in the amount of $180,082.50. The award shall be paid no later than June 1, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/02/2022) (ama)
April 25, 2022 Opinion or Order Filing 9935 JUDGMENT FOR CLARA RIVERA: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Clara Rivera (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Clara Rivera will have judg ment against the BOE in the amount of $355, consisting of: 1. LAST Fees in the amount of $210; and 2. Pre-judgment interest calculated to be $145; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Mast er's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 4/22/2022) (ate)
April 22, 2022 Opinion or Order Filing 9927 JUDGMENT FOR RUTH MELENDEZ: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Ruth Melendez (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ruth Melendez will h ave judgment against the BOE in the amount of $107, consisting of: 1.LAST Fees in the amount of $70; and 2.Pre-judgment interest calculated to be $37; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Spec ial Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 4/22/2022) (ks)
April 21, 2022 Opinion or Order Filing 9910 JUDGMENT FOR MARY DEPEIZA. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Mary Depeiza (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mary Depeiza will have judgm ent against the BOE in the amount of $180, consisting of: 1.LAST Fees in the amount of $140; and 2.Pre-judgment interest calculated to be $40; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master&# 039;s recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. ENTERED. (Signed by Judge Kimba M. Wood on 4/22/22) (yv)
March 15, 2022 Opinion or Order Filing 9808 JUDGMENT FOR SANDRA GILBERT: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Gilbert will have judgment against the BOE as follows: 1. Backpay in the amount of $470,378; 2. Tax-component award in the amount of $55,269; 3. LAST Fees i n the amount of $480; 4. ASAF account award in the amount of $2,892; 5. CAR Day award in the amount of $17,601; 6. Pre-judgment interest calculated to be $169,172; and 7. Pension-related relief pursuant to the terms of the Court&# 039;s Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (And as further set forth herein.) (Signed by Judge Kimba M. Wood on 3/15/2022) (jca)
December 8, 2021 Opinion or Order Filing 9490 ORDER: On December 2, 2021, Special Master John S. Siffert issued his Interim Report and Recommendation recommending granting Plaintiffs' twenty-first, twenty-second, twenty-third, and twenty-fourth motions for interim attorneys' fees (the "Report"). (ECF No. 9379.) The Report recommends an interim award of Plaintiffs' interim attorneys' fees and costs associated with work in this case from June 1, 2021 to September 30, 2021, in the total amount of $2,993,200 .66. The Report reviews the complex issues addressed by counsel during the above- mentioned time period and the reasonableness of the billing rates for various attorneys and experts. The Special Master also undertook a meticulous review of attorney s' and experts' time. The Court notes that the parties have represented to the Special Master that they do not intend to file objections to the Report. The Report also states that Plaintiffs have not waived their claim to entitlement to th e compensation they originally requested for this period. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $2,993,200.66 in attorneys' fees and costs. The award shall be paid no later than January 7, 2022. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/08/2021) (ama)
December 6, 2021 Opinion or Order Filing 9489 JUDGMENT FOR GLADYS BRYAN: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Gladys Bryan (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Bryan will have judgment against the BOE as follows: 1. Backpay in the amount of $515,389; 2. Tax-component award in the amount of $60,558; 3. LAST Fees in the amount of $228; 4. ASAF account award in the amount of $4,127; 5. CAR Day award in the amount of $15,157; 6. Pre-judgment interest calculated to be $49,908; and 7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS F URTHER ORDERED, ADJUDGED, AND DECREED that Ms. Bryan will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the "Pe nsion Inputs" detailed in Paragraph 4 of Exhibit 1; b. Incorporate Ms. Bryan's counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Conclusions of Law for Gladys Bryan; and c. Grant Ms. Bryan retro active seniority based on her counterfactual monthly service history, as described in Paragraph 4 of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be cer tified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 12/6/2021) (va)
November 3, 2021 Opinion or Order Filing 9301 ORDER: re: 9292 Special Master's Report, filed by John S. Siffert. On October 29, 2021, Special Master John S. Siffert issued his Interim Report and Recommendation recommending granting Plaintiffs' twentieth motion for interim attorney s' fees (the "Report"). (ECF No. 9292.) That Report recommends an interim award of Plaintiffs' interim attorneys' fees and costs associated with work in this case during May 2021 in the total amount of $831,049.61. The Report reviews the complex issues addressed by counsel during the above-mentioned time period and the reasonableness of the billing rates for various attorneys and experts. The Special Master also undertook a meticulous review of and experts' t ime. The Court notes that the parties have represented to the Special Master that they do not intend to file objections to the Report. The Report also notes that Plaintiffs have not waived their claim to entitlement to the compensation they original ly requested for this period. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs atotal of $831,049.61in attorneys' fees. The award shall be paid no later than December 3, 2021. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/03/2021) (ama) Transmission to Orders and Judgments Clerk for processing.
September 28, 2021 Opinion or Order Filing 8871 ORDER re: 8798 Special Master's Report, filed by John S. Siffert. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $3,800,651.69 in attorneys' fees. The award shall be paid no later than October 28, 2021. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/28/21) (yv)
September 24, 2021 Opinion or Order Filing 8799 ORDER: A September 1, 2021, letter from one of the class members in Gulino v. Board of Education expresses concerns regarding the resolution of the class member's claim in this case. (ECF No. 8797.) The Court notes that judgment was entered fo r the class member, Auris Bourdon, on May 30, 2019. (ECF No. 1666.) The judgment was certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) as of that time. (Id.) Because the letter does not request a response from, or action by, the Court will not otherwise respond to the September 1, 2021, letter. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/24/2021) (ama)
September 14, 2021 Opinion or Order Filing 8648 JUDGMENT FOR HENRY LYEW: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Henry Lyew (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Lyew will have judgment agains t the BOE as follows: 1. Backpay in the amount of $81,244; 2. Tax-component award in the amount of $9,546; 3. LAST Fees in the amount of $140; 4. ASAF account award in the amount of $2,800; 5. Pre-judgment interest calculated to be $33,746; as further set forth in this Order. (Signed by Judge Kimba M. Wood on 9/9/2021) (cf)
September 13, 2021 Opinion or Order Filing 8635 JUDGMENT FOR GERTRUDE BOOTHE: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Gertrude Boothe (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Boothe will have jud gment against the BOE as follows: 1. Backpay in the amount of $178,253; 2. Tax-component award in the amount of $20,945; 3. LAST Fees in the amount of $1,020; 4. ASAF account award in the amount of $533; 5. Pre-judgment interest calculated to be $22,921; as further set forth in this Order. (Signed by Judge Kimba M. Wood on 9/9/2021) (cf)
September 9, 2021 Opinion or Order Filing 8577 JUDGMENT FOR MILDA BAILEY ANDROY BAILEY, ASADMINISTRATORSOF THE ESTATE OFCHRISTINE BAILEY: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for the Estate of Christine Bailey (Exhibit 1) is a dopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Milda Bailey and Roy Bailey, as Administrators of the Estate of Christine Bailey will have judgment against the BOE as follows: 1. Backpay in the amount of $1,057; 2. LAST Fees in the am ount of $510; 3. Pre-judgment interest calculated to be $464; and 4. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUD GED, AND DECREED that Milda Bailey and Roy Bailey, as Administrators of the Estate of Christine Bailey will be entitled to the following nonmonetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources s ystems as follows: a. Incorporate the "Pension Inputs" detailed in Paragraph 4 of Exhibit 1; and b. Incorporate Christine Bailey's counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Conclusions of Law for Milda Bailey and Roy Bailey, as Administrators of the Estate of Christine Bailey. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and ap pealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 9/7/2021) (va) Modified on 9/10/2021 (va).
September 7, 2021 Opinion or Order Filing 8525 ORDER: As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fact made or recommended by the Special M aster. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and Conclusions of Lawand after reviewing the previous Interim R&Rs that this Court has already adoptedthe Court adopts the Special Master's R&R in its en tirety. Accordingly, the Court will enter the Proposed Judgments for the August 2021 Cohort. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 9/7/2021) (ate) Transmission to Orders and Judgments Clerk for processing.
August 31, 2021 Opinion or Order Filing 8523 STIPULATION AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. This Stipulation and Protective Order shall be deemed effective as of the first date anyparty received any such Confidential Information in this matter. And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/31/2021) (ama)
August 26, 2021 Opinion or Order Filing 8514 JUDGMENT FOR PEGGY SIMPSON: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Peggy Simpson (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Simpson will have judg ment against the BOE as follows: 1. Backpay in the amount of $589,011; 2. Tax-component award in the amount of $69,209; 3. LAST Fees in the amount of $230; 4. ASAF account award in the amount of $900; 5. CAR Day award in the amou nt of $11,225; 6. Pre-judgment interest calculated to be $130,187; and 7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Simpson will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the findings of fact contained in the "Pension Damages" section, Section II(E) of Exhibit 1; b. Incorporate Ms. Simpson's counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Conclusions of Law for Peggy Simpson; and c. Incorpo rate the findings of fact contained in the "Retroactive Seniority Adjustment" section, Section II(G) of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgmen t be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 8/18/2021) (mml)
August 23, 2021 Opinion or Order Filing 8411 JUDGMENT FOR ELAINE AARON: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Aaron will have judgment against the BOE as follows: 1. Backpay in the amount of $101,064; 2. Tax-component award in the amount of $11,875; 3. LAST Fees in t he amount of $320; 4. CAR Day award in the amount of $1,340; 5. Pre-judgment interest calculated to be $24,127; and 6. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and e xpressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (And as further set forth herein.) (Signed by Judge Kimba M. Wood on 8/18/2021) (jca)
August 18, 2021 Opinion or Order Filing 8388 JUDGMENT FOR GERALD LATHAM: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Gerald Latham (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Latham will have judgm ent against the BOE as follows: 1. Backpay in the amount of $1,641; 2. LAST Fees in the amount of $140; 3. Pre-judgment interest calculated to be $916; and 4. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). (as further set forth herein). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 8/18/2021) (kv)
August 9, 2021 Opinion or Order Filing 8375 ORDER: Adopting REPORT AND RECOMMENDATION: The parties agree that objections that have been preserved in the record do not need to be resubmitted to the Court in connection with the R&R. The parties further agree that the Court may adopt or reject t he R&R on the basis of the arguments and objections to rulings contained in the record. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to con clusions of law and findings of fact made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and Conclusions of Law-and after reviewing the previous Interim R&Rs that this Court has already adoptedthe Court adopts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgments for the July 2021 Cohort. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 8/09/2021) (ama)
July 1, 2021 Opinion or Order Filing 8237 JUDGMENT FOR SHERIDAN FRIDAY: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Sheridan Friday (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Friday will have judgment against the BOE as follows: 1. Backpay in the amount of $606,446; 2. Tax-component award in the amount of $71,257; 3. LAST Fees in the amount of $259; 4. ASAF account award in the amount of $2,933; 5. CAR Day award in the amount of $14,639; 6. Pre-judgment interest calculated to be $39,624; and 7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Friday will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the findings of fact contained in the "Pension Damages" section, Section II(E) of Exhibit 1; b. Incorporate Mr. Friday's counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Conclusions of Law for Sheridan Friday; and c. Incorporate the findings of fact contained in the "Retroactive Seniority Adjustment" section, Section II(G) of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation t hat this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 6/30/2021) (rj)
June 30, 2021 Opinion or Order Filing 8240 JUDGMENT FOR STACEY HALL: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Stacey Hall (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Hall will have judgment against the BOE as follows: 1. Backpay in the amount of $122,512; 2. Tax-component award in the amount of $14,395; 3. LAST Fees in the amount of $370; 4. ASAF account award in the amount of $800; 5. Pre-judgment interest calcul ated to be $22,348; and 6. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Hall will be entitl ed to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the findings of fact contained in the "Pension Damages" section, Section II(E) of Exhibit 1; b. Incorporate Ms. Hall's counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Conclusions of Law for Stacey Hall; and c. Incorporate the findings of fact contained in the "Retro active Seniority Adjustment" section, Section II(G) of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to F ederal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 6/30/2021) (rj)
June 1, 2021 Opinion or Order Filing 8022 JUDGMENT FOR HELEN LEWIS: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Helen Lewis (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Lewis will have judgment against the BOE as follows: 1. Backpay in the amount of $10,662; 2. LAST Fees in the amount of $130; 3. Pre-judgment interest calculated to be $7,562; and 4. Pension-related relief pursuant to the terms of the Court's Order date d December 17,2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Lewis will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payrol l, and human resources systems as follows: a. Incorporate the findings of fact contained in the "Pension Damages" section,Section II(E) of Exhibit 1;b. Incorporate Ms. Lewis's counterfactual monthly service history, as listed on Exhib it B to the Findings of Fact and Conclusions of Law for Helen Lewis; andc. Incorporate the findings of fact contained in the "Retroactive Seniority Adjustment" section, Section II(F) of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREE D that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 6/1/2021) (va)
May 11, 2021 Opinion or Order Filing 7851 ORDER: re: 7847 Special Master's Report, filed by John S. Siffert. As set forth in the Second Amended Order of Appointment and consistent with FederalRule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fact made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and Conclusions of Law-and after reviewing the previous Interim R&Rs that this Court has already adop ted-the Court adopts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgments for the April 2021 Cohort. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 5/11/2021) (ama)
April 16, 2021 Opinion or Order Filing 7665 ORDER: Adopting REPORT AND RECOMMENDATION: for 826 Report and Recommendations - Special Master. On April 15, 2021, Special Master John S. Siffert issued his Interim Report and Recommendation recommending granting Plaintiffs' motion for inter im attorneys' fees (the "Report"). (ECF No. 7663.) That Report recommends an interim award of Plaintiffs' interim attorneys' fees and costs associated with work in this case from July 1, 2020 through September 30, 2020 in t he total amount of $2,084,614.50. The Report reviews the complex issues addressed by counsel during the above-mentioned time period and the reasonableness of the billing rates for various attorneys and experts. The Special Master also undertoo k a meticulous review of attorneys' and experts' time. The Court notes that the parties have represented to the Special Master that they do not intend to file objections to the Report. The Report also notes that Plaintiffs have not waived theirclaim to entitlement to the compensation they originally requested for this period. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs atotal of $2,084,614.50 in attorneys' fees. The award shall be paid no later than May 16, 2021. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/16/2021) (ama)
April 1, 2021 Opinion or Order Filing 7623 JUDGMENT FOR MARIA LEWIS: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Maria Lewis (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Maria Lewis will have judgm ent against the BOE as follows: 1. Backpay in the amount of $7,645; 2. LAST Fees in the amount of $560; 3. Pre-judgment interest calculated to be $4,190; and 4. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Maria Lewis will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salar y, payroll, and human resources systems as follows: a. Incorporate the "Pension Inputs" detailed in Paragraph 4 of Exhibit 1; b. Incorporate Maria Lewis's counterfactual monthly service history, as listed on Exhibit A to the Stipula tion Regarding Maria Lewis; and c. Grant Maria Lewis retroactive seniority based on her counterfactual monthly service history, as described in Paragraph 4 of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Specia l Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. ENTERED. (Signed by Judge Kimba M. Wood on 4/1/2021) (va)
March 25, 2021 Opinion or Order Filing 7583 ORDER re: 7477 Special Master's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fact made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted-the Court adopts the F indings of Fact and Conclusions of Law for the Fifth Cohort of Expedited Class Members; will enter the Proposed Judgments for the Fifth Cohort of Expedited Class Members; expressly determines that there is no just reason for delay; and certifies the Proposed Judgments for the Fifth Cohort of Expedited Class Members as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). SO ORDERED. (Signed by Judge Kimba M. Wood on 3/25/2021) (mml)
February 23, 2021 Opinion or Order Filing 7407 JUDGMENT FOR EMUNDO LOPEZ: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Edmundo Lopez (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Lopez will have judgm ent against the BOE as follows: Backpay in the amount of $533,733; Tax-component award in the amount of $62,714; LAST Fees in the amount of $350; ASAF account award in the amount of $6,700; CAR Day award in the amou nt of $17,962; Pre-judgment interest calculated to be $48,208; and Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Lopez will be entitled to the following non-monetary relief: The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: Incorporate the findings of fact contai ned in the Pension Damages section, Section II(E) of Exhibit 1; Incorporate Mr. Lopezs counterfactual monthly service history, as listed on ExhibitB to the Findings of Fact and Conclusions of Law for Edmundo Lopez; andc. Incorporate the findin gs of fact contained in the Retroactive Seniority Adjustment section, Section II(G) of Exhibit 1. The BOE is ordered to provide the findings of fact contained in the Pension Damages section, Section II(E) of Exhibit 1, to the New York City Office of the Actuary. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. So Ordered.. (Signed by Judge Kimba M. Wood on 2/19/2021) (js)
February 19, 2021 Opinion or Order Filing 7361 ORDER: Accordingly, the Court will enter the Proposed Judgments for February 2021 Cohort. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 2/19/2021) (va)
February 18, 2021 Opinion or Order Filing 7360 ORDER. Accordingly, the Court will enter the Proposed Judgments for January 2021 Cohort. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 2/18/2021) (rjm)
January 13, 2021 Opinion or Order Filing 7105 JUDGMENT FOR ESTATE OF ISAAC ELOM JR: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for the Estate of Isaac Elom Jr (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the Est ate of Isaac Elom Jr will have judgment against the BOE as follows: 1. Backpay in the amount of $2,705; 2. LAST Fees in the amount of $210; 3. ASAF account award in the amount of $133; 4. Pre-judgment interest calculated to be $1, 667; and 5. Pension-related relief pursuant to the terms of the Courts Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Estate of Isaac Elom Jr will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the "Pension Inputs" detailed in Paragraph 4 of Exhibit 1; b. Incorporate Isaac Elom Jr's counterfactual monthly service history, as listed on Exhibit A to the Stipulation Regarding the Estate of Isaac Elom Jr; and c. Grant the Estate of Isaac Elom Jr retroactive seniority based on his counterfactual monthly service history, as described in Paragraph 4 of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54 (b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 1/13/2021) (kv)
January 11, 2021 Opinion or Order Filing 7018 ORDER: As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fact made or recommended by the Special Mas ter. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Lawand after reviewing the previous Interim R&Rs that this Court has already adoptedthe Court adopts the Findings of Fact and Conclusions o f Law for the Fourth Cohort of Expedited Class Members; will enter the Proposed Judgments for the Fourth Cohort of Expedited Class Members; expressly determines that there is no just reason for delay; and certifies the Proposed Judgments for the Fourth Cohort of Expedited Class Members as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). SO ORDERED. (Signed by Judge Kimba M. Wood on 1/11/2021) (va)
December 12, 2020 Opinion or Order Filing 6879 ORDER: The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $2,241,902.82 in attorneys' fees. The award shall be paid no later than January 11, 2021. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/12/2020) (va) Transmission to Finance Unit (Cashiers) for processing.
October 13, 2020 Opinion or Order Filing 6807 ORDER re: 6793 Letter. The Court has received the October 4, 2020 letter from some of the plaintiffs. (ECF No. 6793.) The signatories request a private conference with the Court. The Court is prohibited from meeting privately with an indi vidual set of litigants. The Court has no role in the signatories' dispute concerning their relationship with counsel, and has no opinion concerning what options the signatories should pursue. The Court notes that the signatories may wish t o ask their counsel to discuss their options, and may wish to discuss the possibility of meeting with counsel in the presence of the Special Master regarding their options and any possible resolution of the matter. (Signed by Judge Kimba M. Wood on 10/13/2020) (va)
October 8, 2020 Opinion or Order Filing 6805 JUDGMENT FOR JANET AHMED: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Janet Ahmed (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Janet Ahmed will have judgment against the BOE as follows: 1. LAST Fees in the amount of $210; and 2. Pre-judgment interest calculated to be $149; as further set forth in this Order.This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 10/8/2020) (cf)
September 21, 2020 Opinion or Order Filing 6646 ORDER re: 6645 Letter. Although the September 9, 2020 letter from some of the Plaintiffs is addressed to the Court, it does not request any response from, or action by, the Court. (See ECF No. 6645.) Rather, it seeks action from Mayor William de Blasio and defense counsel in this case. Accordingly, the Court will not respond to the September 9, 2020 letter. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/21/2020) (va)
September 1, 2020 Opinion or Order Filing 6637 JUDGMENT FOR RUTH RAMIREZ: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Ruth Ramirez (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Ramirez will have judgment against the BOE as follows: 1. Backpay in the amount of $93,474; 2. Tax-component award in the amount of $10,983; 3. LAST Fees in the amount of $810; 4. ASAF account award in the amount of $333; 5. CAR Day award in the amount of $2,024; 6. Pre-judgment interest calculated to be $28,956; and as further set forth in this judgment. (Signed by Judge Kimba M. Wood on 9/1/2020) (jwh)
August 26, 2020 Opinion or Order Filing 6424 JUDGMENT FOR SANDRA THORNTON. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Sandra Thornton (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Sandra Thornton will have judgment against the BOE as follows: 1.Backpay in the amount of $93,997; 2.Tax-component award in the amount of $11,045; 3.LAST Fees in the amount of $990; 4.ASAF account award in the amount of $1,400; 5.Pre-judgment interes t calculated to be $28,246; and 6.Pension-related relief pursuant to the terms of the Court's Order dated December 17,2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Sandra Thornton wi ll be entitled to the following non-monetary relief: 1.The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the "Pension Inputs" detailed in Paragraph 4 of Exhibit 1; b. Incorporate Sandra Thornton's counterfactual monthly service history, as listed on Exhibit A to the Stipulation Regarding Sandra Thornton; and c. Grant Sandra Thornton retroactive seniority based on her counterfactual monthly service history, as described in Paragraph 4 of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of C ivil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. ENTERED. (Signed by Judge Kimba M. Wood on 8/25/20) (yv)
August 25, 2020 Opinion or Order Filing 6429 JUDGMENT FOR XIOMARA CORTES: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Xiomara Cortes (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Xiomara Cortes will have judgment against the BOE as follows: 1. LAST Fees in the amount of $140; 2. Pre-judgment interest calculated to be $61; as further set forth in this Order. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 8/25/2020) (cf)
July 30, 2020 Opinion or Order Filing 6115 ORDER: Accordingly, the Court will enter the Proposed Judgments for July 2020 Cohort. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 7/30/2020) (va)
July 29, 2020 Opinion or Order Filing 6214 JUDGMENT FOR ANGEL VANDIVER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Angel Vandiver (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Vandiver will have judgment against the BOE as follows: 1. Backpay in the amount of $374,965; 2. Tax-component award in the amount of $44,058; 3. LAST Fees in the amount of $914; 4. ASAF account award in the amount of $2,133; 5. Pre-judgment interes t calculated to be $29,888; as further set forth in this Order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Fed eral Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 7/29/2020) (cf)
June 30, 2020 Opinion or Order Filing 5835 JUDGMENT FOR MARVA MCDONALD: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Marva McDonald (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Marva McDonald will have judgment against the BOE as follows: 1. Backpay in the amount of $49,185; 2. Tax-component award in the amount of $5,779; 3. LAST Fees in the amount of $880; 4. ASAF account award in the amount of $400; 5. Pre-judgment interest calculated to be $11,453; and 6. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Marva McDonald w ill be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the "Pension Inputs" detailed in Paragraph 4 of Exhibit 1; b. Incorporate Marva McDonald's counterfactual monthly service history, as listed on Exhibit A to the Stipulation Regarding Marva McDonald; and c. Grant Marva McDonald retroactive seniority based on her counterfactual monthly service history, as described in Paragraph 4 of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54( b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Masters Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 6/30/2020) (mml)
June 29, 2020 Opinion or Order Filing 5632 JUDGMENT FOR KAREN MARTINEZ-SMITH: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Karen Martinez-Smith (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Martinez-S mith will have judgment against the BOE as follows: 1. Backpay in the amount of $43,479; 2. Tax-component award in the amount of $5,109; 3. LAST Fees in the amount of $250; 4. Pre-judgment interest calculated to be $12,088; and as further set forth in this judgment. (Signed by Judge Kimba M. Wood on 6/29/2020) (jwh)
June 1, 2020 Opinion or Order Filing 5386 JUDGMENT FOR ENNA SERRANO: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Enna Serrano (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Serrano will have judgme nt against the BOE as follows: 1. Backpay in the amount of $21,213; 2. Tax-component award in the amount of $2,493; 3. LAST Fees in the amount of $950; 4. ASAF account award in the amount of $67; 5. CAR Day award in the amount of $950; 6. Pre-judgment interest calculated to be $6,691; and 7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). (As further set forth in this Order.) (Signed by Judge Kimba M. Wood on 5/29/2020) (cf)
May 29, 2020 Opinion or Order Filing 5366 JUDGMENT FOR LORETTA MATTHEWS: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Matthews will have judgment against the BOE as follows: 1. Backpay in the amount of $220,743; 2. Tax-component award in the amount of $25,937; 3. L AST Fees in the amount of $568; 4. ASAF account award in the amount of $167; 5. CAR Day award in the amount of $3,535; 6. Pre-judgment interest calculated to be $37,343; and 7. Pension-related relief pursuant to the terms of the C ourts Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Matthews will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal serv ice, salary, payroll, and human resources systems as follows: a. Incorporate the findings of fact contained in the "Pension Damages" section, Section II(E) of Exhibit 1; b. Incorporate Ms. Matthewss counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Conclusions of Law for Loretta Matthews; and c. Incorporate the findings of fact contained in the "Retroactive Seniority Adjustment" section, Section II(G) of Exhibit 1. IT IS FURTHER O RDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just r eason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 5/29/2020) (ks)
May 19, 2020 Opinion or Order Filing 5283 JUDGMENT FOR FANNY ALFONSO RAMOS: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Fanny Alfonso Ramos (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Alfonso R amos will have judgment against the BOE as follows: 1. Backpay in the amount of $80; 2. LAST Fees in the amount of $350; 3. Pre-judgment interest calculated to be $299; as further set forth in this Order. IT IS FURTHER ORDERED, ADJUDGE D, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Masters Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 4/30/2020) (cf)
May 8, 2020 Opinion or Order Filing 5195 JUDGMENT FOR EMMA CASTRO. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Emma Castro (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Emma Castro will have judgment against the BOE as follows: 1.LAST Fees in the amount of $158; and 2.Pre-judgment interest calculated to be $37; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this jud gment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. ENTERED. (Signed by Judge Kimba M. Wood on 5/5/20) (yv)
May 7, 2020 Opinion or Order Filing 5120 ORDER: Accordingly, the Court will enter the Proposed Judgments for the Second Cohort of LAST Fees Only Class Members. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 5/4/2020) (va)
May 5, 2020 Opinion or Order Filing 5194 JUDGMENT FOR HENERIATTA SEKYIAMAH: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Heneriatta Sekyiamah (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Heneriatta Sekyiamah will have judgment against the BOE as follows: 1. LAST Fees in the amount of $230; and 2. Pre-judgment interest calculated to be $93; and as further set forth in this judgment. (Signed by Judge Kimba M. Wood on 5/5/2020) (jwh)
April 23, 2020 Opinion or Order Filing 5070 ORDER: On April 20, 2020, Special Master John S. Siffert issued his Interim Report and Recommendation recommending granting Plaintiffs' motion for interim attorneys' fees (the "Report"). (ECF No. 5013.) That Report recommen ds an interim award of Plaintiffs' interim attorneys' fees and costs associated with work in this case from October 1, 2019 through December 31, 2019 in the total amount of $1,736,625.26. The Report reviews the complex issues add ressed by counsel during the above-mentioned time period and the reasonableness of the billing rates for various attorneys and experts. The Special Master also undertook a meticulous review of attorneys' and experts' time. The Court notes that the parties have represented to the Special Master that they do not intend to file objections to the Report. The Report also notes that Plaintiffs have not waived their claim to entitlement to the compensation they originally request ed for this period. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $1,736,625.26 in attorneys' fees. The award shall be paid no later than May 22, 2020. (Signed by Judge Kimba M. Wood on 4/23/2020) (va) Transmission to Finance Unit (Cashiers) for processing.
March 13, 2020 Opinion or Order Filing 4765 ORDER: Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Milton Mayers final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 3/12/2020) (jca)
March 12, 2020 Opinion or Order Filing 4766 JUDGMENT FOR MILTON MAYERS: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Mayers will have judgment against the BOE as follows: 1. Backpay in the amount of $101,332; 2. Tax-component award in the amount of $11,907; 3. LAST Fees in the amount of $2,096; 4. ASAF account award in the amount of $333; 5. CAR Day award in the amount of $2,244; 6. Pre-judgment interest calculated to be $23,895; and 7. Pension-related relief pursuant to the terms of the Court' ;s Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pur suant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 3/12/2020) (jca)
February 18, 2020 Opinion or Order Filing 4564 JUDGMENT FOR HUGO ANDRE: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Andre will have judgment against the BOE as follows: 1. Backpay in the amount of $727,132; 2. Tax-component award in the amount of $85,438; 3. LAST Fees in th e amount of $570; 4. ASAF account award in the amount of $5,006; 5. CAR Day award in the amount of $13,369; 6. Pre-judgment interest calculated to be $95,658; and 7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursu ant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 2/18/2020) (jca)
February 13, 2020 Opinion or Order Filing 4530 ORDER: Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Daisy Barrios final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 2/13/2020) (ama)
February 5, 2020 Opinion or Order Filing 4443 JUDGMENT FOR CLARENCE MCNATT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Clarence McNatt (Exhibit I) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. McNatt will have ju dgment against the BOE as follows: 1. Backpay in the amount of $10,675; 2. LAST Fees in the amount of $280; 3. Pre-judgment interest calculated to be $5,453; and 4. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). (as further set forth herein). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as fin al and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 2/3/2020) (kv)
January 30, 2020 Opinion or Order Filing 4379 ORDER: The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $1,874,730.98 in attorneys' fees. The award shall be paid no later than March 2, 2020. (Signed by Judge Kimba M. Wood on 1/30/2020) (rro)
January 22, 2020 Opinion or Order Filing 4326 JUDGMENT FOR CAROLYN GERMANY: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Carolyn Germany (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Germany will have ju dgment against the BOE as follows: 1. Backpay in the amount of $748,072; 2. Tax-component award in the amount of $87,898; 3. LAST Fees in the amount of $618; 4. ASAF account award in the amount of $4,366; 5. CAR Day award in the a mount of $13,505; 6. Pre-judgment interest calculated to be $57,649; and 7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). (as further set forth herein). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines t hat there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 1/21/2020) (kv)
January 16, 2020 Opinion or Order Filing 4204 JUDGMENT FOR MARIA DE LA CRUZ: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Maria De La Cruz (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Maria De La Cruz will h ave judgment against the BOE as follows: 1. LAST Fees in the amount of $210; and 2. Pre-judgment interest calculated to be $165; and IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 1/14/2020) (ama)
January 15, 2020 Opinion or Order Filing 4182 JUDGMENT FOR JASON MCFALL: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Jason Mcfall will have judgment against the BOE as follows: 1. LAST Fees in the amount of $160; and 2. Pre-judgment interest calculated to be $65; and IT IS FURT HER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no ju st reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 1/14/2020) (jca)
January 14, 2020 Opinion or Order Filing 4208 JUDGMENT FOR CRYSTAL WAITERS: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Crystal Waiters (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Crystal Waiters will have judgment against the BOE as follows: 1. LAST Fees in the amount of $316; and 2. Pre-judgment interest calculated to be $84; and as further set forth in this judgment. (Signed by Judge Kimba M. Wood on 1/14/2020) (jwh)
January 9, 2020 Opinion or Order Filing 3990 ORDER: Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Jacqueline Salmon final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 1/6/2020) (ks)
January 8, 2020 Opinion or Order Filing 4040 JUDGMENT FOR ANA JACKSON: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Jackson will have judgment against the BOE as follows: 1. Backpay in the amount of $3,778; 2. LAST Fees in the amount of $950; 3. Pre-judgment interest calcula ted to be $1,987 and 4. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Jackson will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate the findings of fact contained in the "Pension Damages" section, Section I I(E) of Exhibit 1; b. Incorporate Ms. Jackson's counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Conclusions of Law for Ana Jackson; and c. Incorporate the findings of fact contained in the "Retroa ctive Seniority Adjustment" section, Section II(F) of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Fed eral Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 1/6/2020) (mml)
December 27, 2019 Opinion or Order Filing 3929 JUDGMENT FOR JANNET FRANCO: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Jannet Franco will have judgment against the BOE as follows: 1. LAST Fees in the amount of $158; and 2. Pre-judgment interest calculated to be $43; IT IS FURTHE R ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 12/18/2019) (jca)
December 26, 2019 Opinion or Order Filing 3937 JUDGMENT FOR SHIRLEY CHARLES: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Shirley Charles (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Shirley Charles will have judgment against the BOE as follows: 1. LAST Fees in the amount of $140; and 2. Pre-judgment interest calculated to be $42; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that th is judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 12/18/2019) (ama)
December 19, 2019 Opinion or Order Filing 3732 JUDGMENT FOR MILAGROS PAGAN: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Milagros Pagan (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Milagros Pagan will hav e judgment against the BOE as follows: 1. Backpay in the amount of $2; 2. LAST Fees in the amount of $370; and 3. Pre-judgment interest calculated to be $227. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Milagros Pagan will be ent itled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follows: a. Incorporate Milagros Pagan's counterfactual monthly service history, as listed on Exhi bit A to the Stipulation Regarding Milagros Pagan; and b. Grant Milagros Pagan retroactive seniority based on her counterfactual monthly service history, as described in Paragraph 4 of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(h) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Gregory H. Woods on 12/12/2019) (ks)
December 17, 2019 Opinion or Order Filing 3680 ORDER re: 3372 Special Master's Report, filed by John S. Siffert. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $2,025,147.97 in attorneys' fees. The award shall be paid no later than January 15, 2019. (Signed by Judge Kimba M. Wood on 12/17/19) (yv)
December 16, 2019 Opinion or Order Filing 3575 JUDGMENT FOR LEILA HAYES: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Leila Hayes (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Leila Hayes will have judgment against the BOE as follows: 1. LAST Fees in the amount of $160; and 2. Pre-judgment interest calculated to be $76; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recomme ndation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 12/11/2019) (Attachments: # 1 Attachment)(mro)
December 13, 2019 Opinion or Order Filing 3539 JUDGMENT FOR YOLANDA FIGUEROA: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Yolanda Figueroa (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Yolanda Figueroa will h ave judgment against the BOE as follows: 1. Backpay in the amount of $8,780; 2. LAST Fees in the amount of $350; 3. ASAF account award in the amount of $300; 4. Pre-judgment interest calculated to be $4,485; as further set forth i n this order. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determ ines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 12/10/2019) (cf)
December 12, 2019 Opinion or Order Filing 3475 JUDGMENT FOR GWENDOLYN JENKINS: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Gwendolyn Jenkins will have judgment against the BOE as follows: 1. LAST Fees in the amount of $140; and 2. Pre-judgment interest calculated to be $93; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 12/10/2019) (jca)
December 11, 2019 Opinion or Order Filing 3541 JUDGMENT FOR VERNA REID: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Verna Reid (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Verna Reid will have judgment again st the BOE as follows: 1. Backpay in the amount of $9,351; 2. LAST Fees in the amount of $210; 3. ASAF account award in the amount of $100;4. Pre-judgment interest calculated to be $5,539; and 5. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No, 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Verna Reid will be entitled to the following non-monetary relief: as set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 12/11/2019) (ama)
December 10, 2019 Opinion or Order Filing 3474 JUDGMENT FOR BROWN NURCHETT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Brown Nurchett (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Brown Nurchett will have j udgment against the BOE as follows: 1. LAST Fees in the amount of $440; and 2. Pre-judgment interest calculated to be $125; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that thi s judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (As further set forth in this Order.) (Signed by Judge Kimba M. Wood on 12/10/2019) (cf)
December 3, 2019 Opinion or Order Filing 3303 JUDGMENT FOR ERNEST BRENS: in the amount of $ 521,126. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Ernest Brens (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREE D that Mr. Brens will have judgment against the BOE as follows: 1. Backpay in the amount of $394,647; 2. Tax-component award in the amount of $46,371; 3. LAST Fees in the amount of $140; 4. ASAF account award in the amount o f $2,567; 5. CAR Day award in the amount of $8,615; 6. Pre-judgment interest calculated to be $68,786; and 7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No, 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Mr. Brens will be entitled to the following non-monetary relief: 1. The BOE is ordered to amend its internal service, salary, payroll, and human resources systems as follo ws: a. Incorporate the findings of fact contained in the "Pension Damages" section, Section II(E) of Exhibit 1; b. Incorporate Mr. Brens's counterfactual monthly service history, as listed on Exhibit B to the Findings of Fact and Con clusions of Law for Ernest Brens; and c. Incorporate the findings of fact contained in the "Retroactive Seniority Adjustment" section, Section II(G) of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Speci al Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure (Signed by Judge Kimba M. Wood on 11/25/2019) (js)
November 25, 2019 Opinion or Order Filing 3262 ORDER re: 2887 Special Master's Report, filed by John S. Siffert. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $2,900,752.36 in attorneys' fees. The award shall be paid no later than December 23, 2019. (Signed by Judge Kimba M. Wood on 11/22/19) (yv)
November 19, 2019 Opinion or Order Filing 3209 ORDER adopting 3050 Special Master's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fac t made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted - the Court adopts t he Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Evelyn Cole final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 11/13/2019) (mml)
November 14, 2019 Opinion or Order Filing 3120 JUDGMENT FOR SUSANA JIMENEZ: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Susana Jimenez (Exhibit 1) are adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Jimenez will have judg ment against the BOE as follows: 1. Backpay in the amount of $500,595; 2. Tax-component award in the amount of $58,820; 3. LAST Fees in the amount of $417; 4. ASAF account award in the amount of $2,934; 5. CAR Day award in the amo unt of $12,052; 6. Pre-judgment interest calculated to be $41,728; and7. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No, 1014]). IT IS FURTHER ORDERED, AD JUDGED, AND DECREED that Ms. Jimenez will be entitled to the following non-monetary relief: as set forth herein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certifi ed as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 11/13/2019) (ama)
November 12, 2019 Opinion or Order Filing 3098 JUDGMENT FOR NORMA LOPEZ: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Lopez will have judgment against the BOE as follows: 1. Backpay in the amount of $2,261; 2. LAST Fees in the amount of $720; 3. CAR Day award in the amount of $38; 4. Pre-judgment interest calculated to be $936; and 5. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable pursuant to Federal Rule of Civil Procedure 54(b) and expressly determines that there is no just reason for delay for th e reasons stated in the Special Master's Report and Recommendation. This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 11/8/2019) (jca)
October 23, 2019 Opinion or Order Filing 2979 ORDER adopting 2888 Special Maser's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fac t made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted- the Court adopts t he Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Amarilis Checo final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 10/22/2019) (mml)
October 9, 2019 Opinion or Order Filing 2862 ORDER adopting 2800 Special Master's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fac t made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law - and after reviewing the previous Interim R&Rs that this Court has already adopted - the Court adopt s the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Shaniese Heyward final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 10/9/2019) (mml)
September 18, 2019 Opinion or Order Filing 2718 ORDER adopting 2662 Special Master's Report. On May 20, 2014, this case was referred to Special Master John Siffert pursuant to Federal Rule of Civil Procedure 53(a)(1)(B) and this Court's inherent equitable powers and auth ority. (ECF Nos. 435, 524.) On September 13, 2019, Special Master Siffert filed a Report and Recommendation ("R&R"), recommending this Court adopt the Findings of Fact and Conclusions of Law for Stacey Lang, enter the Proposed Judgment submitted with the R&R, and certify the Proposed Judgment as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (ECF No. ECF No. 2662); as further set forth herein. Accordingly, the Court will enter the Proposed Judgment . For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Stacey Lang final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 9/17/2019) (mro)
September 4, 2019 Opinion or Order Filing 2635 ORDER granting 2522 Special Master's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fac t made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law - and after reviewing the previous Interim R&Rs that this Court has already adopted - the Court adopt s the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Blanca Hernandez final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 9/3/2019) (mml)
August 26, 2019 Opinion or Order Filing 2509 ORDER adopting 2363 Special Master's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fa ct made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law - and after reviewing the previous Interim R&Rs that this Court has already adopted - the Court adopt s the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Norma Quinones final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 8/23/2019) (mml)
July 29, 2019 Opinion or Order Filing 2254 ORDER adopting 2154 Special Master's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fa ct made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law - and after reviewing the previous Interim R&Rs that this Court has already adopted - the Court adop ts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Pamela Smith final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 7/25/2019) (mml)
June 12, 2019 Opinion or Order Filing 1839 OPINION AND ORDER. For the reasons stated above, the City's motion for a stay is GRANTED in part and DENIED in part. Because Rule 63 encompasses only judgments that have already been entered, this decision does not apply to future judgments that will be entered in this action. The parties are ordered to submit a joint letter to the Court explaining how this decision should be applied to future judgments. The Clerk is directed to terminate the motion at ECF No. 1473. SO ORDERED. re: 1473 MOTION to Stay without the Posting of a Supersedeas Bond filed by The Board of Education of the City School District of the City of New York. (Signed by Judge Kimba M. Wood on 6/12/2019) (rjm)
June 6, 2019 Opinion or Order Filing 1779 ORDER adopting 1349 Special Master's Report. On May 20, 2014, this case was referred to Special Master John Siffert pursuant to Federal Rule of Civil Procedure 53(a)(1)(B) and this Court's inherent equitable powers and auth ority. (ECF Nos. 435, 524.) On April 11, 2019, Special Master Siffert filed a Report and Recommendation ("R&R"), recommending this Court adopt the Findings of Fact and Conclusions of Law for Shirley Louison, enter the Proposed Judgm ent submitted with the R&R, and certify the Proposed Judgment as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (ECF No. 1349); as further set forth herein. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fact made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as wel l as the Findings of Fact and the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted-the Court adopts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judg ment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Shirley Louison final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 6/6/2019) (mro)
June 4, 2019 Opinion or Order Filing 1717 ORDER adopting 1587 Special Master's Report. On May 20, 2014, this case was referred to Special Master John Siffert pursuant to Federal Rule of Civil Procedure 53(a)(1)(B) and this Court's inherent equitable powers and autho rity. (ECF Nos. 435, 524.) On May 23, 2019, Special Master Siffert filed a Report and Recommendation ("R&R"), recommending this Court adopt the Findings of Fact and Conclusions of Law for Sandra Thompson, enter the Proposed Judgment subm itted with the R&R, and certify the Proposed Judgment as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (ECF No. 1587); as further set forth herein. As set forth in the Second Amended Order of Appointment and consiste nt with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fact made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the findings of fa ct and the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted-the Court adopts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Sandra Thompson final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 6/4/2019) (mro) Modified on 6/4/2019 (mro).
May 30, 2019 Opinion or Order Filing 1695 ORDER adopting 1535 Special Master's Report. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de nova all objections to conclusions of law and findings of fa ct made or recommended by the Special Master. (ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law - and after reviewing the previous Interim R&Rs that this Court has already adopted - the Court adopt s the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Marie Gasline Matheiu final and appealable pursuant to Federal Rule of Civil Procedure 54(b). SO ORDERED. (Signed by Judge Kimba M. Wood on 5/30/2019) (mml)
April 25, 2019 Opinion or Order Filing 1446 ORDER: Upon de nova review of the R&R, as well as the Findings of Fact and the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted-the Court adopts the Special Master's R&R in its entirety. Accordin gly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Rosa Paulino final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 4/25/2019) (jca)
April 2, 2019 Opinion or Order Filing 1279 ORDER. On May 20, 2014, this case was referred to Special Master John Siffert pursuant to Federal Rule of Civil Procedure 53(a)(1)(B) and this Court's inherent equitable powers and authority. (ECF Nos. 435, 524.) On March 12, 2019, Special Maste r Siffert filed a Report and Recommendation ("R&R"), recommending this Court adopt the Findings of Fact and Conclusions of Law for Ana Quezada, enter the Proposed Judgment submitted with the R&R, and certify the Proposed Judgment as final a nd appealable pursuant to Federal Rule of Civil Procedure 54(b). (ECF No. 1089.) The parties agree that objections that have been preserved in the record do not need to be resubmitted to the Court in connection with this R&R. The parties further agre e that the Court may adopt or reject the R&R on the basis of the arguments and objections to rulings contained in the record. As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de nova all objections to conclusions of law and findings of fact made or recommended by the Special Master. (ECF No. 524.) Upon de nova review of the R&R, as well as the Findings of Fact and the Conclusions Law-and after reviewing the previ ous Interim R&Rs that this Court has already adopted-the Court adopts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Ana Quezada as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (Signed by Judge Kimba M. Wood on 4/2/2019) (rjm)
March 20, 2019 Opinion or Order Filing 1229 ORDER: As set forth in the Second Amended Order of Appointment and consistent with Federal Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and findings of fact made or recommended by the Special Master. ( ECF No. 524.) Upon de novo review of the R&R, as well as the Findings of Fact and the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted-the Court adopts the Special Master's R&R in its entirety. Ac cordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Steve Liverpool as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). And as set forth herein. (Signed by Judge Kimba M. Wood on 3/20/2019) (ama)
March 13, 2019 Opinion or Order Filing 1106 ORDER for 826 Report and Recommendations - Special Master. Upon de nova review of the R&R, as well as the Findings of Fact and the Conclusions Law - and after reviewing the previous Interim R&Rs that this Court has already adopted - the Court adopts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgment. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgment for Winifred Lewis as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (As further set forth in this Order.) (Signed by Judge Kimba M. Wood on 3/13/2019) (cf) Modified on 3/13/2019 (cf).
December 17, 2018 Opinion or Order Filing 1013 ORDER: Adopting REPORT AND RECOMMENDATION re: 998 SPECIAL MASTER'S REPORT. Report Recommendation Re Pension Stipulation, signed by Special Master John S. Siffert on 9/7/2018. Document filed by John S. Siffert. The Court hereby adopts the Special the Master's September 7, 2018 Report and Recommendation (ECF No. 998), regarding the Pension Stipulation and Order. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/17/2018) (ne)
December 14, 2018 Opinion or Order Filing 1008 ORDER: Adopting REPORT AND RECOMMENDATION re: 999 SPECIAL MASTER'S REPORT. Interim Report and Recommendation recommending Plaintiffs' fifth motion for an interim award of attorneys' fees and costs, signed by Special Master John S. Siffert on 11/19/2018. Document filed by John S. Siffert. The Court hereby adopts the Special the Master's September 7, 2018 Report and Recommendation (ECF No. 999), regarding the Classwide Conclusions of Law, the Stipulation of Classwide Fac ts and Procedures, and the Stipulation of the Admissibility of Exhibits. The Court also adopts the Classwide Conclusions of Law appended to the Report and Recommendation and attached here. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/14/2018) (ne)
November 30, 2018 Opinion or Order Filing 1001 ORDER: Adopting REPORT AND RECOMMENDATION re: 1000 SPECIAL MASTER'S REPORT. The Court hereby adopts the Special Master's September 7, 2018 Report and Recommendation regarding the proposed Pension Stipulation and Order. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/29/2018) (ama)
September 8, 2017 Opinion or Order Filing 906 ORDER for 826 Report and Recommendations - Special Master. The Court hereby adopts all of the findings and recommendations of the Report, including the hourly rates recommended by the Special Master. The Court awards Plaintiffs a total of $2,326,493.27 in attorneys' fees for the period of September 16, 2016 through March 31, 2017. The award shall be paid no later than September 29, 2017. SO ORDERED., (Signed by Judge Kimba M. Wood on 9/6/17) (yv)
April 4, 2017 Opinion or Order Filing 863 ORDER: The Court hereby adopts all of the findings and recommendations of the Report, including the recommendation not to award fees related to litigation of the ALST. The Court awards Plaintiffs a total of $4,400,421.34 in attorneys' fees for the period of November 2014 through September 2016. The award shall be paid no later than April 28, 2017. (Signed by Judge Kimba M. Wood on 4/4/2017) (kgo)
December 14, 2016 Opinion or Order Filing 847 ORDER: The Court adopts in its entirety the meticulously, fairly-reasoned Interim Report and Recommendation ("IRR") from July 18, 2016 (ECF No. 791), proposed by John S. Siffert, Special Master. In doing so, the Court denies Plaintiffs� 39; motion to modify injunctions previously entered in this case, which sought to have the Court require the New York State Education Department to grant full State teaching certification to class members. (Signed by Judge Kimba M. Wood on 12/13/2016) (kgo)
August 3, 2016 Opinion or Order Filing 800 OPINION & ORDER: For substantially the same reasons stated in the Report and described herein, the Court ADOPTS the June 13, 2016 Interim Report and Recommendation. (As further set forth in this Opinion) (Signed by Judge Kimba M. Wood on 8/3/2016) (kl)
June 7, 2016 Opinion or Order Filing 774 ORDER: On May 11, 2016, Special Master John S. Siffert issued his Report and Recommendation ("R&R") recommending that the Court grant Plaintiff's motion to deem class member Evelyn Cole certified pursuant to the Court's Marc h 31, 2015 injunction. The deadline for objections has passed and no objections have been filed. Absent any objections, the Court reviews the R&R for clear error on the face of the record. The Court has reviewed Special Master Siffert's carefully reasoned R&R, and finds no clear error. Accordingly, the May 11, 2016 Report and Recommendation is approved and adopted in its entirety. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/6/2016) (kl)
September 21, 2015 Opinion or Order Filing 674 OPINION & ORDER: For the reasons set forth above, the Court adopts the Special Master's recommendations. The Court GRANTS Defendant's motion to dismiss with respect to claimants employed by Defendant only as paraprofessionals and DENI ES with respect to all other categories of claimants. The Court DENIES Defendant's motion to adjust damages for attrition on a classwide basis. The Court DENIES Defendant's motion to cut off damages for claimants who failed to obtain permanent teaching positions after passing the LAST-1. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on 9/21/2015) (kl)
August 7, 2015 Opinion or Order Filing 662 OPINION & ORDER: For the reasons set forth above, the Court holds that the BOE did not violate Title VII by complying with the SED's requirement that teachers pass the ALST before they are eligible for employment. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on 8/7/2015) (kl)
June 5, 2015 Opinion or Order Filing 608 OPINION & ORDER: For the reasons set forth above, the Court finds that the BOE violated Title VII by requiring Plaintiffs to pass the LAST-2 in order to receive a permanent teaching license. The parties shall submit a joint status letter to the Court by June 29, 2015, identifying what steps need to be taken in accordance with this Opinion. (Signed by Judge Kimba M. Wood on 6/5/2015) (kl)
April 13, 2015 Opinion or Order Filing 587 OPINION & ORDER: For the reasons that follow, the Court is unpersuaded by the SED's letter. The Court's March 30, 2015 Order, as amended by the Court's April 3, 2015 [ECF No. 579] and April 7, 2015 Order, [ECF No. 583], shall stand. The Court's March 30, 2015 Order, as amended by the Court's April 3, 2015 and April 7, 2015 Order, remains in effect, notwithstanding SED's opposition thereto. (Signed by Judge Kimba M. Wood on 4/13/2015) (kl)
August 29, 2013 Opinion or Order Filing 386 OPINION & ORDER re: 328 MOTION to Certify Class of a Reemedy-Phase Under Rule 23(B)(3) filed by Elsa Gulino. For the foregoing reasons, the Court GRANTS Plaintiffs motion to certify a damages class pursuant to Rule 23(b)(3). The members of the cla ss include: All African- American and Latino individuals employed as New York City public school teachers by Defendant, on or after June 29, 1995, who failed to achieve a qualifying score on LAST-1 before the end of the 2001/2002 school year, and as a result either lost or were denied a permanent teaching appointment. Plaintiffs are permitted to send notice and consent documents to members of this class pursuant to Rule 23(c)(2)(B). The parties shall confer regarding the proper form of this not ice, and shall submit to the Court their agreed-upon notice or, if they cannot agree, their respective proposed forms of notice by September 16, 2013. The Court also anticipates decisions regarding classwide damages calculations and individual hearin gs to be managed by a special master pursuant to Rule 53. The parties are to submit a joint letter by September 16, 2013 addressing (1) potential candidates to serve as special master in the proceedings, and (2) a proposed schedule for providing noti ce under Rule 23(c)(2)(B), resolving classwide issues, and conducting individual hearings. The Court will address these issues at the conference that will be scheduled during the week of September 23, 2013. (Signed by Judge Kimba M. Wood on 8/29/2013) (rsh)
January 28, 2013 Opinion or Order Filing 326 OPINION & ORDER: For the foregoing reasons, the Board's December 27, 2012 motion for certification of interlocutory appeal of the December 6, 2012 Opinion is GRANTED. Given the age of the case, the Court declines to stay proceedings pending resolution of the appeal. (Signed by Judge Kimba M. Wood on 1/28/2013) (cd)
December 5, 2012 Opinion or Order Filing 321 OPINION AND ORDER: For the reasons set forth above, the Court grants in part and denies in part Defendant's motion to decertify the Plaintiff class. The class survives only as to the declaratory judgment ofthe Board's liability under Title VII (contained in this Opinion), and injunctive relief benefitting the class as a whole. With respect to the Board's liability, the Court finds that: (1) the Board may be subject to Title VII liability for its use of the LAST; (2) the Board viol ated Title VII by requiring Plaintiffs to pass the exam in order to receive a permanent teaching license because the LAST was not properly validated; and (3) the Board did not violate Title VII by reducing Plaintiffs' salaries, benefits, and sen iority for failing to pass the Core Battery exam. The Court will hold a status conference in this case on January 10,2013, at 2:00 p.m. in Courtroom 18B. Plaintiffs are directed to submit a letter to the Court by December 13, 2012 identifying what steps need to be taken in the remedial phase of this action. Defendant is directed to reply to Plaintiffs' submission by December 20, 2012. (Signed by Judge Kimba M. Wood on 12/04/2012) (ago)
September 17, 2009 Opinion or Order Filing 237 OPINION AND ORDER re:#98047 222 MOTION to Intervene. For the reasons set forth above, Court denied movants' motion to intervene under Rule 24(a)(2) or Rule 24(b). The Court Grants movants status as amici curiae. Parties have not yet briefed the Court on what additional briefing or proceedings are necessary in this action on remand. Therefore, the Court is not in a position to fully evaluate how amici can most usefully participate in the action going forward. Once the Court is able to do so, it will inform amici of the precise scope and manner of their participation. (Signed by Judge Kimba M. Wood on 11/16/09) (djc) Modified on 9/23/2009 (jab). Modified on 9/30/2009 (djc).
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Search for this case: Gulino, et al v. Board of Education, et al
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Plaintiff: Elsa Gulino
Represented By: Barbara J. Olshansky
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Plaintiff: Mayling Ralph
Represented By: Barbara J. Olshansky
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Plaintiff: Peter Wilds
Represented By: Barbara J. Olshansky
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Defendant: Board of Education of the New York City School District of the City of New York
Represented By: Eamonn F. Foley
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Cross_claimant: Board of Education of the New York City School District of the City of New York
Represented By: Bryan David Glass
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Movant: New York State Board of Regents
Represented By: Charles Ethan Enloe
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Movant: Richard Mills
Represented By: Charles Ethan Enloe
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Movant: New York State Education Department
Represented By: Charles Ethan Enloe
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